TRANSIT COMMISSION ADDENDUM NO._9 MATERIALS AND PROCUREMENT DEPARTMENT 1900 YONGE STREET PAGE 1 OF 1 TORONTO, M4S 1Z2

BID NO.: Z06BT12149

TITLE: SALE AND REMOVAL OF SCRAP METALS

This addendum forms part of the Bid Documents and amends the original Bid Documents as noted below:

Document 00100 Instructions to Bidders- Section 12 has been amended Price Schedule – Additional Group added (Group 5) Document 00700 General Conditions – Section 22 has been amended Division 1 SPECIFICATIONS – Sections 1 – 7 inclusive have been amended.

Refer to the attached amended pages, which replace the former pages in their entirety.

The Bidder shall note in the Bid Form the number of addenda received during the Bid period, to acknowledge that the contents form part of its Bid.

SALE AND REMOVAL OF SCRAP METALS BID NO. Z06BT12149 BID FORM - PRICE SCHEDULE

GROUP 1 - METALS, FERROUS ITEM EST. QTY. UOM UNIT COST EXTENDED COST Mixed Contaminated 2,000 Tons $0.00 Mixed Extremely Contaminated 150 Loads $0.00 SUB-TOTAL $0.00 HST $0.00 GROUP TOTAL $0.00 GROUP 2 - STEEL ITEM EST. QTY. UOM UNIT COST EXTENDED COST Subway Rail 300 Tons $0.00 Subway Wheels 100 Tons $0.00 Surface Rail Contaminated 15 Tons $0.00 Manganese Rail Contaminated 5 Tons $0.00 Brake Linings - Mixed Contam. 5 Tons $0.00 SUB-TOTAL $0.00 HST $0.00 GROUP TOTAL $0.00

GROUP 3 - ALLOYS, NON-FERROUS ITEM EST. QTY. UOM UNIT COST EXTENDED COST Aluminum/Stainless Steel 50,000 Lbs. Contaminated $0.00 Copper/Brass Contaminated 30,000 Lbs. $0.00 Copper Cable, covered with 75,000 Lbs. Rubber/Plastic - Contaminated $0.00 SUB-TOTAL $0.00 HST $0.00 GROUP TOTAL $0.00 GROUP 4 - SHAVINGS ITEM EST. QTY. UOM UNIT COST EXTENDED COST Wheel Shavings (Wilson, McCowan & 6 Loads Russell) $0.00 SUB-TOTAL $0.00 HST $0.00 GROUP TOTAL $0.00 GROUP 5 - Trolley Wire & Cable ITEM EST. QTY. UOM UNIT COST EXTENDED COST Copper Trolley Wire 50,000 Lbs. $0.00 Copper Cable covered with Rubber/plastic - Contaminated 42,000 Lbs. $0.00 SUB-TOTAL $0.00 HST $0.00 GROUP TOTAL $0.00 Note: Ton = short ton (2000 lbs) The Bidder may submit a Bid on all, or any, or any combination, of the 5 Groups. A Bid must be submitted on each item listed within a given Group. The TTC reserves the right, in its sole discretion, to award a Contract to more than one Bidder, and intends to award Contracts by Group. The EST. QTY. listed above represents TTC's estimated yearly quantity.

ADDENDUM NO. 9 Toronto Transit Commission Document 00100 Bid No.: Z06BT12149 INSTRUCTIONS TO BIDDERS Page 5

12 ACCEPTANCE OF BIDS

The Commission is under no obligation to accept the highest or any Bid and reserves the right to award to other than the highest Bidder. The Commission reserves the right to cancel or withdraw the Request for Bids at any time prior to Notification of Award at no cost to the Commission.

Each and every alteration or erasure made in the Bid shall be initialed by an authorized signatory of the Bidder. The Bidder shall accept all terms and conditions of the Request for Bid unless explicitly excepted or qualified in its Bid. Taking any exception to the Request for Bid may render the Bid unacceptable. Any errors or inconsistencies in the Bid shall be subject to the interpretation of the Commission. A list of common “Bid Irregularities” and the action that will be taken by the Commission is available on the Materials and Procurement website at http://www.ttc.ca/TTC_Business/Materials_and_procurement/Bid_Irregularities.jsp

13 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

A Bid submitted to the Commission shall become the property of the Commission and is therefore, subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. Bidders are responsible for familiarizing themselves with the provisions of this Act.

14 WORK PERFORMANCE

The Commission maintains a record of the performance of each Company in completing work for the Commission. This information is used to complete a Company Performance Review form which is forwarded for review to the respective Company during and/or upon completion of a Contract. A performance rating is established based on the overall performance history of a Company on Commission contracts and may considered as a factor in the evaluation of Bids in the award of this Contract.

The Commission reserves the right to restrict a Company with an unsatisfactory work performance history from submitting Bids on Commission contracts and to reject any Bid submitted by same.

15 INVESTIGATION

The Bidder shall inspect and evaluate the condition of the material or equipment prior to bidding. Failure to do so shall not in any way relieve the Bidder of the obligation to honour their offer.

16 PRE-BID MEETING

A pre-bid meeting has been arranged for Friday, October 12, 2012 at 9:00 a.m. at the 1138 Bathurst Street, 2nd Floor, W.E.P. Duncan Building (the Materials and Procurement office). The Bidder is requested to confirm their attendance at the pre-bid meeting with ADDENDUM NO. 9

Toronto Transit Commission Document 00100 Bid No.: Z06BT12149 INSTRUCTIONS TO BIDDERS Page 6

Mr. David Marshall at (416) 393-4726 at least twenty-four (24) hours prior to the meeting. The Bidders are encouraged to have a representative present as no subsequent meetings will be arranged.

17 INSURANCE REQUIREMENTS

.1 The successful Bidder shall be required to comply with the requirements as specified in Document 00700 Section 7 - INSURANCE REQUIREMENTS, and provide the evidence of insurance as specified in Document 00700 Section 8 - EVIDENCE OF INSURANCE.

.2 In the event of default or failure to comply with the insurance requirements on the part of the Bidder, the Commission shall be at liberty to accept the next highest or any Bid, or to advertise for new Bids, or to have the Work executed in any other way it may deem best. The Bidder shall indemnify and save harmless the Commission from all loss, damage, cost, charges and expenses which it may suffer or be put to by reason of any such default or failure on the part of the Bidder.

18 CONTRACT SECURITY REQUIREMENTS

.1 The successful Bidder (the Company) shall be required to provide Contract Security during the term of the Contract in accordance with the requirements of General Condition 22 (Document 00700). The successful Bidder must submit an executed Irrevocable Letter of Credit (Contract Security) on the Commission’s form, which is included for reference as Document 00630. All costs for the irrevocable letter of credit shall be included in the total Bid price submitted for the Contract.

.2 In the event of default or failure to comply with the Contract Security requirements on the part of the Bidder, the Commission shall be at liberty to accept the next highest or any Bid, or to advertise for new Bids, or to have the Work executed in any other way it may deem best. The Bidder shall indemnify and save harmless the Commission from all loss, damage, cost, charges and expenses which it may suffer or be put to by reason of any such default or failure on the part of the Bidder.

ADDENDUM NO. 9

Toronto Transit Commission Document 00700 Bid No.: Z06BT12149 GENERAL CONDITIONS Page 8

(a) The Company shall provide, within ten (10) calendar days of receiving written Notification of Award of the Contract issued by the Commission, Contract Security in the form of an Irrevocable Letter of Credit as set out on the Commission’s standard form - Document 00630, in the amount(s) as follows: Group 1: $70,000 Group 2: $40,000 Group 3: $50,000 Group 4: $400 Group 5: $50,000

(b) The Contract Security shall be issued from a Canadian Schedule I or II bank from a branch office in the City of Toronto.

ADDENDUM NO. 9

Toronto Transit Commission Division 1 Bid No.: Z06BT12149 SPECIFICATIONS INDEX

Section Title Page

1 SCOPE OF WORK ...... 1

2 TERM OF THE CONTRACT ...... 1

3 QUANTITIES AND DESCPRIPTION ...... 1

4 PERMITS AND LICENCES ...... 4

5 SAFETY EQUIPMENT ...... 4

6 SAFETY TRAINING ...... 4

7 REMOVAL OF MATERIAL/EQUIPMENT ...... 4

8 REMOVAL OF DISTINCTIVE MARKINGS ...... 5

9 CONDITON OF MATERIAL ...... 5

10 F.O.B. POINT ...... 6

11 ACCOUNTS RECEIVABLE AND CONTINUANCE OF THE WORK ...... 6

12 HOURS OF BUSINESS ...... 6

ADDENDUM NO. 9

Toronto Transit Commission Division 1 Bid No.: Z06BT12149 SPECIFICATIONS Page 1

1 SCOPE OF WORK

The sale and removal of various scrap metals from various Commission properties.

Properties/major intersections include: 1138 Bathurst Street – Hillcrest, Bathurst and Dupont; 400 Greenwood Avenue, Danforth and Greenwood; Overhead Section, 391 Alliance Ave., Jane and Alliance Ave.; Arrow Road Garage, 700 Arrow Road, Finch and Arrow Rd; Birchmount Garage, 400 Danforth Road, Birchmount and Danforth; Davisville Carhouse, 1900 Yonge Street, Entrance from Frobisher Ave.; New Eglinton Garage, 38 Comstock Road, Eglinton and Pharmacy; Lakeshore Garage, 580 Commissioners St., Leslie and Commissioners; Malvern Garage, 5050 Sheppard Ave. E., Sheppard and McCowan; McCowan Carhouse, 1720 Ellesmere, McCowan and Ellesmere; Mt Dennis, 121 Industry St, Black Creek and Eglinton; Queensway Garage, 400 Evans Ave., Kipling and Evans; , 20 , Queen and Roncesvalles; , 1403 Queen St. E., Queen and Greenwood; Wilson Garage, 570 Transit Road, Wilson Ave. and Transit Rd.

2 TERM OF THE CONTRACT

The Term of the Contract shall be for a one-year period commencing approximately February 1, 2013 and ending on January 31, 2014. (Base Contract Term)

The Commission reserves the right, at its sole discretion, to extend the Term of the Contract by a period of up to two (2) additional years beyond the Base Contract Term. The Commission will provide written notice to the Company of its intention to extend the Contract prior to the expiration date of the Contract. The Contract price for any extension period will be negotiated between the Commission and the Company.

3 QUANTITIES AND DESCRIPTIONS

The quantity and description of material is approximate only and the Commission does not assume any responsibility with respect to the correctness of either. All weights referred to in tons, shall be deemed as short tons (i.e. 2000 pounds).

On Occasion, the TTC will require the Company to provide extra boxes, either roll off boxes or lugger boxes, for special projects. The minimum sizes of boxes required for all Work (except for small lugger boxes) are as follows: lugger boxes and small roll off boxes; width 5’, length 11’ and height 3’. Large roll off boxes; width 5’,4”, length 14’ and height 5’,5” All boxes requiring to be weighed in or weighted out will be weighed using the TTC’s scales at TTC’s Hillcrest or Greenwood locations.

ADDENDUM NO. 9

Toronto Transit Commission Division 1 Bid No.: Z06BT12149 SPECIFICATIONS Page 2

3.1 Group information

ITEM DESCRIPTION ESTIMATED ANNUAL VOLUME

Group I

Metals Mixed contaminated (up to 15% Contamination 2,000 tons

Metals Mixed Extremely Contaminated, 150 loads 60% of the load may contain skids, Tires, cardboard, and household garbage. These are sold by load, not weight, And the boxes (small lugger) are Located at approx. 16 TTC remote sites

With respect to Group 1 Metals (up to 15% contamination) ; the Commission will require four (4) Large Roll Off Boxes at 1138 Bathurst Street and two (2) Large Roll Off Boxes at 400 Greenwood Avenue at all times.

With respect to Group 1 Metals – Mixed extremely contaminated; these small lugger boxes are located at the various TTC Carhouses/Garages including: Arrow Rd, Birchmount Garage, Danforth Garage, Davisville Carhouse, Eglinton Garage, Lakeshore Garage, Malvern Garage, McCowan Carhouse, Mt. Dennis Garage, Roncesvalles Carhouse, Russell Garage, Queensway Garage, Wilson Carhouse, Wilson track and Wilson Garage (Hillcrest and Greenwood are excluded), throughout the City of Toronto (refer to Section 1 Scope of Work for addresses). For this Group, the Company shall remove the material and weigh the box at their location (not on the Commission’s scales), and subsequently forward the Commission’s Representative the weight measurements within 2 business days from the date the material has been removed from the Site. Note: these small lugger boxes are smaller than the lugger box size defined above.

The word ‘contamination’ means that the material in the bin/box may also contain rubber, wood, plastic, tires, garbage etc. in varying amounts along with the metal.

GROUP 2 Steel Subway Rail 300 tons Steel Subway Wheels 100 tons Steel Surface Rail contaminated 15 tons with Concrete Steel Manganese Rail contaminated with Concrete 5 tons Brake Linings Mixed contaminated 5 tons

ADDENDUM NO. 9

Toronto Transit Commission Division 1 Bid No.: Z06BT12149 SPECIFICATIONS Page 3

With respect to Group 2 Subway Rail, the Company will be responsible for loading and transporting the material (maximum 39’ rail) at their own expense. Removal will be from Greenwood location. Cutting/torching of rail on the TTC property is permissible.

With respect to Group 2 Subway Wheels and Brake Linings, removal will be from Greenwood location.

With respect to Group 2 Surface Rail and Manganese Rail contaminated with Concrete, removal will be at Hillcrest location. Wheels and Brake Linings are housed in small luggers, or luggers, or roll off boxes. Subject to space availability at the Site, the Company may choose what type of boxes/luggers to supply here, provided they meet the applicable minimum sizes.

GROUP 3

Aluminum/Stainless Steel - will be Mixed Contaminated with metal 50,000 lbs. Copper/Brass - will be Mixed Contaminated with metal 30,000 lbs. Cable, Rubber/Plastic copper mixed- will be Mixed 75,000 lbs. Contaminated with metal

With respect to Group 3, all material may have up to 15% contamination, and will be removed from the Hillcrest location. Please note all material will be kept in small roll off boxes and will be stored in locked, single car garages.

GROUP 4

Wheel Shavings - at Wilson, McCowan and Russell Small lugger boxes only 6 loads

With respect to Group 4, TTC may request the smallest box available as TTC has limited space in some areas. Note: these small lugger boxes are smaller than the lugger box size defined above.

GROUP 5

The following two items will be removed from TTC’s Overhead Section only, 392 Alliance Avenue. Copper Trolley Wire 50,000 lbs. Cable, Rubber/plastic, copper mixed 42,000 lbs. (May have up to 15% contamination) Small lugger boxes are to be supplied by the Company for this Group. The Company must weigh all material (includes empty and full boxes) at TTC’s 1138 Bathurst Street location. The Company must pick-up the small lugger boxes from the Overhead Section and transport the boxes to Hillcrest for weighing.

ADDENDUM NO. 9

Toronto Transit Commission Division 1 Bid No.: Z06BT12149 SPECIFICATIONS Page 4

4 PERMITS AND LICENCES

The Company shall obtain and pay for all permits and licences required either by the Province of Ontario, the City of Toronto or any other authority to enable the Company to execute the performance of all Work under this Contract.

5 SAFETY EQUIPMENT

The Company shall at all times be equipped and wear proper safety gear (i.e. - safety shoes, hats, etc.), when performing Work on Commission property where such equipment is required.

6 SAFETY TRAINING

While on TTC property, only authorized persons are permitted to enter areas which are designated by TTC as ‘track level’. As such, Company personnel that may be required to enter designated ‘track level’ areas during the performance of the Work shall, prior to entering such an area, complete the TTC’s “Subway Rule Book Training for Contractors” course. This course is delivered by TTC staff, will be provided free of charge, and is a one day (8 hour) training course.

7 REMOVAL OF MATERIAL/EQUIPMENT

In conjunction with the Company, the TTC’s Surplus Assets Administrator (or designate) will weigh all material at the Hillcrest and/or Greenwood Site scale, prior to the Company removing the material from the TTC Site, unless otherwise noted in these Specifications (i.e. small lugger boxes in Group 1 Metals - Mixed Extremely Contaminated, and Group 4 Metals - Wheel Shavings, Group 5).

The weight of materials, as measured by the Commission’s scales, will be recorded on a TTC Sales Delivery Slip Form (DS), the TTC’s Surplus Assets Administrator (or designate) and the Company’s representative (Driver) will both sign the DS form, thereby confirming the correctness of the information on the DS. The TTC’s Surplus Assets Administrator (or designate) will retain copies of the DS, and will provide 2 copies of the DS to the Company’s Driver on Site. The Company’s Driver shall provide one copy of the DS to the TTC Security Gatehouse attendant upon leaving the Site, and shall retain one copy of the DS for the Company’s records. Invoicing and payments will be based on the Contract price and the weights as recorded on the DS.

In the event the Company’s Driver has any concerns with material loads, including weights or contamination, their concerns must be addressed with the TTC’s Surplus Assets Administrator (or designate) prior to the Company removing the material from the Commission’s Site, as no deductions in payments to the Commission will be permitted once material has left the Commission’s Site. In the event a discrepancy arises subsequent to the Company removing the material from the Commission’s Site, the Commission’s information will be deemed as correct.

ADDENDUM NO. 9

Toronto Transit Commission Division 1 Bid No.: Z06BT12149 SPECIFICATIONS Page 5

There will be no deductions in payments to the Commission for contamination in scrap material. The Company will be required to remove, at the Contract price, all quantities of material from the Commission’s Site, on an "AS IS, WHERE IS" basis.

The Commission reserves the right to inspect any load at any time and to have any vehicle and/or container weighed at any time during the operation.

Once the Commission has provided notification to the Company to remove material from a given Site, the Company must complete the removal of the material from the Site within twenty-four (24) hours. Exceptions will be made for rail material, whereby the Company shall be permitted up to 5 working days to remove the material from the Commission’s Site.

The Company is required to load and transport all material at their own expense. The Company is required to provide and maintain the following:

o 4 small roll off boxes (small) – to be used for Group 3 – o Up to 8 roll off boxes (large) – to be used for Group I, with a minimum of 4 boxes for the TTC Hillcrest location, and a minimum of 2 boxes for the TTC Greenwood location o 16 small lugger boxes – various locations. See Scope of Work for locations.

At anytime during the Contract, if requested by the Commission, the Company shall be required to provide, at no cost to the Commission and within 2 working days of the Commission’s request, a list of boxes the Company is currently supplying (located on TTC property) and/or if required will supply, and the list shall include the weight and description of the boxes along with the box number (i.e. the Company shall provide boxes that are uniquely marked/identified/exclusively numbered).

8 REMOVAL OF DISTINCTIVE MARKINGS

The Company agrees to remove any and all trademarks, logos, labels and distinctive marking of the Toronto Transit Commission which may appear on the material / equipment at the time of release by the Commission of said items or immediately thereafter unless otherwise agreed to or required by the Commission in writing.

9 CONDITION OF MATERIAL

All material shall be sold by the Commission to the Company and removed from the Commission’s Site by the Company on an "AS IS, WHERE IS" basis. There is no warranty of merchantability of fitness nor any other warranty expressed or implied, except for the warranty of title. All other warranties whether legal, express or implied are hereby expressly excluded.

ADDENDUM NO. 9

Toronto Transit Commission Division 1 Bid No.: Z06BT12149 SPECIFICATIONS Page 6

10 F.O.B. POINT

The F.O.B. point shall be deemed as the actual TTC property (“Site”) whereby the Company is performing the Work (i.e. removing scrap metal), provided that title to the material shall not pass from the TTC to the Company until the Company has removed such material from the Site. There are various several TTC “Sites” that require performance of the Work, each “Site” is located within the City of Toronto.

11 ACCOUNTS RECEIVABLE AND CONTINUANCE OF THE WORK

In the event the Company has not issued the Commission payment for Work completed, and the dollar amount of the sum of all outstanding Commission invoices exceeds the dollar amount of the Company’s Contract Security, the Company will not be permitted to remove further material from the Commission’s Site until such time the Company issues payment to the Commission. In the event the payment made by the Company is not the full amount due, continuance of the Work at the Commission’s Site shall only be permitted if the dollar value of the Work to be performed plus the remaining outstanding balance owed to the Commission does not exceed the dollar amount of the Company’s Contract Security.

Should the Company’s non-payment of Commission invoices cause delays or cessation in the performance of the Work, in accordance with General Condition 13 (Document 00700), the Commission shall have the Work completed by others and the Company shall be held liable for any additional costs incurred by the Commission.

12 HOURS OF BUSINESS

The Commission's hours of business for removal of the material is 8:00 a.m. to 2:30 p.m., Monday to Friday. Please note: For rail removal, company must be loaded and weight out by 2:30 p.m.

ADDENDUM NO. 9