18-1008 NEW PORTABLE CLASSROOMS CONTRACT 18-1008 New Portable... · 6.5 Force Majeure ... the...

SHARED PURCHASING SERVICE CONSORTIUM OF GREY-BRUCE

Bluewater District School Board

Bruce-Grey Catholic District School Board

799 - 16th Avenue Hanover Ontario N4N 3A1 Telephone (519) 364-5820 Fax (519) 364-5828

1 | P a g e Contract RFP 18-1008 New Portable Classrooms ndash Bruce-Grey Catholic District School Board

18-1008 NEW PORTABLE CLASSROOMS CONTRACT

Between

BRUCE GREY CATHOLIC DISTRICT SCHOOL BOARD

- and -

[INSERT NAME]

as of

[INSERT DAY] DAY OF [INSERT MONTH] 2017

This Contract requires no action from the Proponent at this time and is for reference purpose

only It is the expectation of that Board that the successful Proponent will execute this

Contract following the receipt of the Contract Award Letter from the Board as it relates to this

RFP






Table of Contents Article 1 Interpretation 5

11 Definitions 5

12 Schedules 7

13 Documents 7

14 Order of Precedence 7

15 Rules of Interpretation 7

Article 2 Services 8

21 General 8

22 Schedule 8

23 Additional Services 9

24 Sub-Contractors 9

25 Deficiencies 9

26 Penalty Clause 9

27 Application of Boardrsquos Rules and Procedures 10

28 Workplace Safety 11

Article 3 Prices and Payment 12

31 Purchase Price 12

32 Invoicing Procedures 12

33 Taxes 13

Article 4 Representations Warranties Indemnities 13

41 Contractor Representations and Warranties 13

42 Conflict of Interest 14

43 Indemnity 14

Article 5 Term and Termination 14

51 Term 14

52 Termination by Either Party 15

53 Termination by Board 15

54 Contractor Performance 16

55 Obligations in the Event of Termination 17

551 Contractorrsquos Obligation 17

552 Boardrsquos Obligation 17

56 No Limitation of Remedies 17

Article 6 General 17

61 Liability Insurance 17

611 Contractorrsquos Insurance 17

612 Proof of Insurance 18

613 Additional Insurance 18

62 WSIB 18

63 Compliance with Laws 18

64 Remedies Cumulative 18






65 Force Majeure 19

651 General 19

652 Purchase of Services 19

653 Notice 19

654 Performance 19

655 Right to Terminate 19

66 Alternative Dispute Resolution 20

661 General 20

662 Election 20

663 Arbitration Site 20

664 Procedure 20

665 Decision 20

666 Confidential Information 21

667 Termination Clauses Not Subject 21

67 Notices 21

671 General 21

672 Changes 22

673 Publicity 22

68 Confidentiality 22

681 General 22

682 Exceptions 23

683 MFIPPA Records and Compliance 23

69 Entire Agreement 24

610 Assignment and Enurement 24

611 Amendment and Waivers 25

612 Independent Parties 25

613 Currency 25

614 Legislation 25

615 Governing Laws 25

Schedule 1 ndash New Portable Classroom Base Specifications 27 11 Scope of Services 27

12 Building Code Design Criteria 27 13 Building Size 27 14 Foundation 27 15 Structural Steel 27 16 Floor Construction 27

17 Skirting Board 27 18 Floor Finishing 28 19 Exterior Wall Construction 28 110 Interior Wall Finish 28 111 Ceiling Finish 28

112 Roof Construction 29






113 Roof Beams 29

114 HeatingAir Conditioning 29 115 Electrical 29 116 Windows 30 117 Exit Doors 30 118 WhiteboardsTack boards 30

119 Coat Racks 31 120 Lockers 31

121 Millwork 31 122 Setup amp Delivery 31 123 Permits and Inspections 32 124 OtherMiscellaneous 32

125 Items provided by the Board 32 126 General 33

Schedule 2 ndash Contractorrsquos Proposal 34






SERVICES AGREEMENT

THIS AGREEMENT (ldquoAgreementrdquo) is made as of [insert date] between the Shared Purchasing

Services Consortium of Grey Bruce (SPSCGB) representing the Bruce Grey Catholic District

School Board with an office at 799 16th Ave Hanover Ontario N4N 3A1 (the ldquoBOARDrdquo) and

[insert Supplierrsquos Name] with an office at [insert Supplierrsquos address] (the ldquoContractorrdquo)

WHEREAS the SPSCGB issued a request for proposals (ldquoRFPrdquo) dated March 12 2018 for the

supply of the Products and Services and the Contactor submitted a proposal prior to closing date of

March 29 2018 offering to provide the Products and Services for the Board

AND WHEREAS upon the completion of the evaluation process pursuant to the RFP the

Contractor was identified by the SPSCGB as the Preferred Proponent pursuant to the RFP

AND WHEREAS the Contractor and the SPSCGB were able to agree on the terms and conditions

of this Contract

NOW THEREFORE for good and valuable consideration the parties hereto agree as follows

Article 1 Interpretation

11 Definitions

In this Agreement unless the context otherwise requires the following terms have the meanings

indicated below

a) ldquoAgreementrdquo means this AgreementContract entered into by the Board for the provision of

the Services andor the Deliverables as described in RFP 18-1008 New Portable Classrooms

b) ldquoApplicable Lawrdquo means any common law requirement and all applicable and enforceable

statutes regulations directives policies administrative interpretations orders by-laws rules

guidelines approvals and other legal requirements of any government andor regulatory

authority in effect from time to time

c) ldquoBGCDSBrdquo means Bruce Grey Catholic District School Board

d) ldquoBoardrdquo means the Bruce-Grey Catholic District School Board andor the Shared Purchasing

Service Consortium of Grey-Bruce (SPSCGB)

e) ldquoBWDSBrdquo means Bluewater District School Board

f) ldquoBusiness Dayrdquo ldquoBusiness Daysrdquo or ldquoSchool Hoursrdquo means Monday to Friday between the

hours of 830 am to 400 pm except when such a day is a public holiday as defined in the

Employment Standards Act (Ontario) or as otherwise agreed to by the parties in writing






g) ldquoContractorrdquo means the awarded Proponent or Supplier that is entering into an Agreement

with the Board for the provision of Services andor the Deliverables as described in RFP 18-

1008 New Portable Classrooms

h) ldquoContractorrsquos Personnelrdquo mean the Contractorrsquos employees agents representatives and

subcontractors

i) ldquoDaysrdquo means calendar days

j) ldquoDeliverablesrdquo means all services and work to be provided or performed by the Contractor

under the Contract and includes everything that is necessary to be supplied done or delivered

by the Contractor

k) ldquoEffective Daterdquo means the date that this Agreement is made as first shown above

l) ldquoEvent of Force Majeurerdquo means any cause beyond the reasonable control of a party to this

Contract including any act of God outbreak or epidemic of any kind communicable and

virulent disease strike flood fire embargo boycott act of terrorism insurrection war

explosion civil disturbance shortage of gas fuel or electricity interruption of transportation

governmental order unavoidable accident or shortage of labour or raw materials

m) ldquoGovernmental Authoritiesrdquo means governments regulatory authorities governmental

departments agencies agents commissions bureaus officials ministers Crown

corporations courts bodies boards tribunals or dispute settlement panels or other law rule

or regulation-making organizations or entities having or purporting to have jurisdiction on

behalf of any nation province territory state or other geographic or political subdivision

thereof or exercising or entitled or purporting to exercise any administrative executive

judicial legislative policy regulatory or taxing authority or power and includes the Ministry

of Education

n) ldquoIndemnitiesrdquo means the Board and its officers directors agents employees or trustees

o) ldquoMFIPPArdquo means the Municipal Freedom of Information and Protection of Privacy Act

(Ontario)

p) ldquoPersonal Informationrdquo means recorded information about an identifiable individual or that

may identify an individual

q) ldquoPurchase Pricerdquo means the price for the Services set out in Appendix I of RFP 18-1008

r) ldquoRecordrdquo for the purposes of the Agreement means any recorded information in the custody

or control of the Board including any Personal Information in any form (a) provided by the

Board to the Contractor or provided by the Contractor to the Board for the purposes of the

Agreement or (b) created by the Contractor in the performance of the Agreement






s) ldquoServicesrdquo means the products andor services described in this Agreement and in RFP 18-

1008

t) ldquoTermrdquo means the effective period of the Contract from the Effective Date to the expiration

as set in 51 (Term)

12 Schedules

The Following Schedules are attached to and form an integral part of this Agreement

a) Schedule 1 ndash New Portable Classroom Base Specification

b) Schedule 2 ndash Contractorrsquos Proposal

13 Documents

The following documents are an integral part of this Contract

a) the RFP 18-1008 complete with Appendices Schedules andor Addendums

b) the Contractorrsquos Proposal

c) the Contract Award Letter

14 Order of Precedence

In the event of any conflict or inconsistency in the Contract the following is the order of precedence

of documents comprising this Contract

a) this Contract

b) the RFP and the Contract Award Letter

c) the Contractorrsquos Proposal

15 Rules of Interpretation

This Agreement shall be interpreted according to the following provisions unless the context

requires a different meaning

a) Unless the context otherwise requires wherever used herein the plural includes the

singular the singular includes the plural and each of the masculine and feminine

includes the other gender

b) Words in this Agreement shall bear their natural meaning






c) References containing terms such as ldquoincludesrdquo and ldquoincludingrdquo whether or not used

with the words ldquowithout limitationrdquo or ldquobut not limited tordquo shall not be deemed

limited by the specific enumeration of items but shall in all cases be deemed to be

without limitation and construed and interpreted to mean ldquoincludes without

limitationrdquo and ldquoincluding without limitationrdquo

d) In construing the Agreement general words introduced or followed by the word

ldquootherrdquo or ldquoincludingrdquo or ldquoin particularrdquo shall not be given a restrictive meaning

because they are followed or preceded (as the case may be) by particular examples

intended to fall within the meaning of the general words

Article 2 Services

21 General

The Services to be performed by the Contractor under this Agreement shall be performed by the

Contractor in a professional manner The Contractor shall only employ and retain competent

workers fit and skilled in the work assigned to them who shall function under the direction and

control of the Contractor The Contractor shall be responsible to the Board for the acts and omissions

of the Contractorrsquos Personnel

The Contractor agrees to provide at their own expense all labour appropriately licensed vehicles

tools equipment and any other item as may be necessary for the execution of the work described

within RFP 18-1008 on or prior to the annual completion deadline of August 1st

The Contractor agrees to supply New Portable Classrooms which meet all of the technical

specifications detailed in Schedule 1 ndash New Portable Classrooms Base Specifications

22 Schedule

The Contractor agrees to the following

a) Every New Portable Classroom that is purchased by the Board as a result of this

Agreement must be delivered to the appropriate Board location(s) and completely

set-upinstalled prior to August 1st of the year of purchase

b) Quantities and locations for new portable classrooms to be purchased by the Board

in years two (2) through five (5) of this Agreement will be determined on an annual

basis by the Bruce Grey Catholic District School Confirmed quantities and locations

of new portable classrooms will be provided to the Awarded Proponent by March 15

of each year






c) The Board will electronically issue a Purchase Order to the Contractor which will

clearly specify the exact number of New Portable Classrooms that will be required

by the Board as a result of this Agreement

d) Any deficiencies which are identified by the Board must be addressed and

corrected by the Contractor prior to August 1st of the year of purchase

23 Additional Services

Services not described in this Agreement shall be performed only upon the Boardrsquos written

authorization

24 Sub-Contractors

No part of this Contract can be sub-contracted or reassigned without express written permission of

the Board

The Board will not be held responsible for contract disputes between the Contractor and any sub-

contractor hired by the awarded Contractor

25 Deficiencies

If any parts of the Services provided are not acceptable in the Boardrsquos sole discretion the Board

shall provide reasonable notice to the Contractor with particulars concerning the reasons for refusing

acceptance and the deficiencies

Upon receiving such notice the Contractor shall take immediate corrective action and remedy the

deficiency(ies) within a reasonable amount of time Where the Contractorrsquos attempt to correct such

deficiency(ies) is unsuccessful the Board may terminate the Agreement in accordance with the

provisions set forth in Article 5 (Term and Termination)

26 Penalty Clause

The Board may at its sole discretion retain a total of five hundred dollars ($500) per site per day

from the Contractor for each day that the work extends beyond the annual August 1st completion

deadline It is the expectation of the Board that the delivery installation and set-up of all new

portable classrooms will be completed in its entirety by the Contractor prior to August 1st as per

the Terms and Conditions of this RFP

The Penalty Clause will take effect on August 2nd of each year of this Agreement and will be

applied separately to each site receiving new portable classrooms The penalty clause will be applied

daily for each calendar day that the work extends beyond the specified completion deadline The

Board will not be obligated to provide notice to the Contractor prior to funds being deducted from

the balance owing as a result of the Penalty Clause

The Contractor will be responsible for obtaining a signed Release Form from the Supervisor of

Facility Services for the Bruce-Grey Catholic District School Board clearly indicating the date of






satisfactory completion of all Supplier responsibilities as outlined in the Terms and Conditions of

this Contract

No portion of the money deducted from the balance owing by the Board as a result of the Penalty

Clause will be returned to the Contractor upon completion of the work

If there is a year(s) throughout the Term of this Contract in which the Board does not purchase any

new portable classrooms no penalty clause shall be applied for that year(s)

27 Application of Boardrsquos Rules and Procedures

All policies and procedures applicable to the employees of the Board regarding their conduct in

connection with the business and affairs of the Board shall insofar as the same shall be required by

the Board be applicable to the Contractor and the Contractorrsquos Personnel while on the Boardrsquos

premises It is the responsibility of the Contractorrsquos Personnel to familiarize themselves with all such

policies and procedures

In the event that any of the Contractorrsquos Personnel fails or refuses to abide by such policies and

procedures such Personnel shall be removed by the Contractor from performing any services for the

Board In the event of such removal no liability of any kind or nature whatsoever shall attach to the

Board The Board may also disallow admittance to any of the Contractorrsquos Personnel to the Boardrsquos

premises where such Personnel fails or refuses to abide by the applicable policies and procedures

The Contractor shall comply with any purchasing policies of the Board including without limitation

policies relating to accessibility standards which may apply to the provision of Services pursuant to

this Agreement

If requested by the Board the Contractor shall provide a criminal background or security check of

the Contractorrsquos Personnel in which case the following provisions will apply

The Contractor covenants and agrees that it will not engage any Personnel who may come into direct

contact with students on a regular basis or who may have access to student information to supply the

Services hereunder where such Personnel has been charged with or convicted of an offence the

nature of which may be construed as jeopardizing the safety and wellbeing of the students of the

Board For the purposes of this Agreement the Board shall determine in its sole and unfettered

discretion whether an employee of the Contractor may come into direct contact with students on a

regular basis or who may have access to student information and whether or not any such offence is

of a nature which may be construed as jeopardizing the safety and well-being of students

The Contractor covenants and agrees to retain on file at its head office a criminal background check

covering convictions charges and occurrences under the Criminal Code the Narcotics Control Act

and any other convictions charges and occurrences which would be revealed by the long version

Vulnerable Persons search of the automated Criminal Records Retrieval System maintained by the

RCMP at the Canadian Police Information Centre (ldquoCriminal Background Checkrdquo) together with an

Offence Declaration in a Board-approved form for every Personnel of the Contractor who may come

into direct contact with students on a regular basis or who may have access to student information

prior to the occurrence of such possible direct contact or prior to having access to student






information and on or before September 1st each year thereafter with respect to Offence

Declarations

The Contractor agrees to indemnify and save harmless the Board from all claims liabilities

expenses and penalties to which it may be subjected on account of The Contractor engaging an

employee in contravention of this Section 27 or the Contractorrsquos failure to retain a Criminal

Background Check or an Offence Declaration on file as aforesaid This indemnity shall survive the

expiration or sooner termination of this Agreement In addition to and notwithstanding anything else

herein contained if the Contractor engages a Personnel in contravention of this Section 27 or fails

to retain a Criminal Background Check and an Offence Declaration for Personnel of the Contractor

who may come into direct contact with students on a regular basis or who may otherwise have

access to student information prior to the occurrence of such possible direct contact or prior to

having access to student information and on or before September 1st each year thereafter with

respect to Offence Declarations then the Board will have the right to immediately terminate this

Agreement without prejudice to any other rights which it may have in this Agreement in law or in

equity

In the event that either the Criminal Background Check or an Offence Declaration reveals a charge

or a criminal conviction which is not acceptable to the Board in the circumstances and in its sole and

unfettered discretion then the Board will have the right to request that the Contractor prohibit the

Personnel of the Contractor from supplying the Services to the Board hereunder Upon such request

the Contractor will forthwith effect such removal without prejudice to any other rights which the

Board may have in this Agreement in law or in equity

The Board reserves the right to discontinue the services of a Contractor at any time in any year of

the contract if performance is found to be unsatisfactory or if a Contractor is criminally charged

under the ldquovulnerable sectorrdquo laws

28 Workplace Safety

The Contractor shall

a) ensure that all equipment used in the execution of the contract shall be mechanically

sound and maintained in good repair for the full duration of the contract

b) ensure that all work is carried out in strict compliance with all applicable regulations

of the Occupational Health and Safety Act Highway Traffic Act and all other

applicable laws

c) ensure that all persons performing the work are of legal age and legally able to work

in Canada

d) maintain a safe workplace or work site in accordance with safe work practices and

housekeeping






e) comply with the Occupational Health and Safety Act (Ontario) and all of its

regulations pertaining to the type of work being performed

f) have actual knowledge of and comply with the Boardrsquos safety policies and

appropriate safe work procedures

g) provide the necessary protective equipment devices or related safety item(s) as

required by the Occupational Health and Safety Act (Ontario) and all of its

regulations as well as the Boardrsquos safety policies and ensure that such equipment

devices and items are used in the performance of the requirements of this

Agreement

h) if requested provide the Board with a copy of the Contractorrsquos written health and

safety policy as required by the Occupational Health and Safety Act (Ontario)

i) ensure that all original equipment manufacturers (OEM) guards are in place in good

repair and used ie power take off (pto) covers deflector shields etc

The Bruce Grey Catholic District School Board is a drug tobacco and alcohol free workplace This

includes all facilities properties and any vehicle on the Board property All on-site workers shall

follow all Board policies and safety regulations

Article 3 Prices and Payment

31 Purchase Price

Prices for the Products andor Services shall be as submitted by the Proponent in Appendix lsquoIrsquo of

RFP 18-1008

Proposed prices shown on Appendix I will be considered final for the initial three (3) years of the

Contract

There will be an annual pricing update permitted in the fourth and fifth years of this Contract The

annual price update(s) shall align with the local Consumer Price Index (CPI)

Pricing for the extension periods will be mutually agreed upon at time of Contract Extension

32 Invoicing Procedures

Detailed invoices that reference the Board issued purchase order number must be submitted by the

Contractor to the Bruce-Grey Catholic District School Board Attention Accounts Payable at 799

16th Ave Hanover ON N4N 3A1 or e-mailed to

accountspayablebgcdsborg






The Contractor acknowledges that payments will be delayed in respect of invoices which do not

conform in all service and material respects in order to permit the Board to obtain all required data to

properly allocate purchases among schoolsfacilities and to verify completion of work and

satisfaction of the quality of work

The Boardrsquos payment term shall be net thirty (30) days The time period specified for payment of

invoices or for accepting any offered discounts for early payment shall commence only from the

date that correct invoices are provided to the Board

33 Taxes

As the Purchase Price is exclusive of all harmonized and local sales taxes if any each shall be

clearly set out on the Contractorrsquos invoice and paid by the Board unless it provides evidence of

exemption therefrom

Article 4 Representations Warranties Indemnities

41 Contractor Representations and Warranties

The Contractor represents and warrants to the Board and acknowledges that the Board is relying

thereon as follows

a) if applicable the Products andor Services shall have received all required approvals

of and shall comply with all applicable standards and requirements referred to in

this Contract or as may be required by law

b) the Contractor shall provide documented evidence if requested that the Products

andor Services meet the applicable standards or have the applicable licenses if any

referred to in this Section 41 or by law

c) if applicable on completion of the Products andor Services there shall be no liens

outstanding in regard to such Services

d) the Contractor has full power and legal right to enter into the Contract and to fulfill

all of its obligations hereunder

e) the Contractor is not aware of any proceeding in progress or pending or threatened

against related to or affecting the Contractor and which might be expected to have a

materially adverse effect on the Services or impact the Contractorrsquos ability to meet

its obligations under this Agreement

f) all representations warranties confirmations and statements set out in the

Contractorrsquos proposalquotation and in this Agreement shall remain accurate in their

entirety during the Term






42 Conflict of Interest

The Contractor represents and warrants that to the best of its knowledge neither the Board nor any

of its personnel or affiliated organizations has any significant influence in the Contractor or any of

its associates or affiliates or will receive any direct or indirect proceeds from the Agreement other

than as expressly stated in the Agreement

43 Indemnity

The Contractor shall indemnify and keep the Indemnitees fully indemnified against any action

claim demand cost charge loss and expense (whether or not well-founded) arising out of or

related to

a) claims for bodily injury including death or loss or damage to tangible property

where and to the extent that such bodily injury death or damage to property is

attributable to the acts or omissions of the Contractor or the Contractorrsquos Personnel

b) any breach or alleged breach by the Contractor of any of its obligations warranties

or representations in the Agreement and

c) any claim that the use of the Deliverables by the Board infringes any third partyrsquos

copyright trade secret patent or any other intellectual property right or violates any

obligation of confidentiality owed by the Contractor

The Contractor shall indemnify and hold the Indemnitees harmless against all such actions claims

demands costs charges losses and expenses with respect to all resulting costs liabilities and

damages including legal costs on a substantial indemnity basis (ldquoLossesrdquo) except to the extent that

such Losses were not caused by the Contractor provided that the Board notifies the Contractor as

soon as is reasonably practicable in the circumstances of any action claim or demand in respect of

which this indemnity may apply and of which the Board has knowledge The Indemnitees shall

permit the Contractor at its sole cost and expense to conduct all negotiations and litigation and shall

give the Contractor all reasonable assistance in relation thereto No such claim or action shall be

settled or compromised by either party without the otherrsquos prior written consent

The remedies contained in this Section 43 are without prejudice to and in addition any warranties

indemnities remedies or other rights provided by law or under this Agreement for the benefit of the

Indemnitees

Article 5 Term and Termination

51 Term

The term of this Agreement shall commence on or around April 1 2018 and shall remain in effect

for a period of five (5) years ending on March 31 2023






At the Boardrsquos discretion and under the same terms and conditions contained herein this Agreement

may be extended for four (4) additional years in two (2) year increments not to extend beyond

March 31 2027

As per the terms outlined in RFP 18-1008 and this Contract unless it is terminated early in

accordance with the provisions of the Contract (the ldquoTermrdquo) The Term is subject to any and all

rights of either party to terminate the Contract pursuant to the terms of the Contract or otherwise

available to either party at law or in equity

52 Termination by Either Party

Either party may terminate the Contract upon written notice to the other where such other party

neglects or fails to perform or observe any material term or obligation of the Contract and such

failure has not been cured within thirty (30) days of written notice being provided

53 Termination by Board

The Board may at any time and for any reason terminate all or part of this Agreement before the

completion of all the products andor services or term Such cancellation will be determined at the

Boardrsquos sole discretion and shall not result in any penalty whatsoever to the Board

The Board shall be entitled to terminate the Agreement without liability cost or penalty to the

Board

a) upon written notice to the Contractor following the occurrence of any material

change in the Boardrsquos requirements which results from regulatory or funding

changes enrollment changes or recommendations issued by any Governmental

Authority

b) upon thirty (30) days written notice to the Contractor in the event of a breach of the

representation regarding conflict of interest in Section 42 (Conflict of Interest)

c) immediately upon written notice to the Contractor in the event of a misrepresentation

or material breach of any of the provisions of Section 41 (Contractor

Representations and Warranties)

d) immediately upon written notice if the Contractor their employees or sub-

contractor(s) are performing the service in a manner that is unsafe and potentially

harmful to staff students or the general public or if the Contractor is criminally

charged under the ldquovulnerable sectorrdquo laws

e) immediately upon written notice if the Contractor fails to provide service in

accordance with the terms conditions and specifications of the Agreement and

where the performance and service deteriorate without sufficient action by the

Contractor to rectify the problem






f) immediately upon written notice if invoices are submitted by the Contractor to the

Board for unnecessary or unapproved work or material

g) immediately upon written notice if the Contractor is found accountable for an action

or incident which proved detrimental and incurred liability damages to the Boards

h) in accordance with any provision of the Agreement that provides for early

termination and

i) at any time without cause by giving the Contractor at least thirty (30) days written

notice

54 Contractor Performance

The Board reserves the right to determine in its sole and unfettered discretion if the Contractorrsquos

performance is unsatisfactory andor not meeting the requirements of the contract

If the Contractorrsquos performance is found to be unsatisfactory then a written notice of non-

performance will be provided to the Contractor and the Contractor will have the opportunity to

address andor remedy any and all performance issues

If a second notice of non-performance is issued whether related to the same default or as a result of

a separate occurrence then the Board reserves the right to discontinue the services of the Contractor

and exclude the Contractor from submitting responses to future opportunities for a period of not less

than two (2) successive years from the date of the second notice

A determination of unsatisfactory performance may be assigned to a Contractor that fails to perform

its obligations under the contract in the following but not limited to these situations

a) Multiple extensions of milestone or completion dates requested

b) Repeated instances of substandard quality

c) Prices increased beyond that of the general industry standard or by the Terms

outlined in the Agreement

d) Failure to provide adequate service to the Board

e) Failure to meet the requirements of the Agreement

f) Failure to maintain a safe work environment

g) Failure to provide sufficient forces to satisfy the expectations of the Board

h) Failure to follow and uphold Board Policy and Procedure






55 Obligations in the Event of Termination

551 Contractorrsquos Obligation

In the event that the Board gives notice of termination under this Agreement or this

Agreement expires or this Agreement is otherwise terminated the Contractor shall at the

request of the Board do the following

a) disclose to the Board the current state of the Products andor Services which have

been performed or produced by the Contractor as at the effective date of termination

552 Boardrsquos Obligation

Where the Board terminates the Agreement the Board shall be responsible only for

a) payment of the Products andor Services provided to the date of termination subject

to the submission of acceptable invoices

56 No Limitation of Remedies

Any termination of the Agreement shall not in any respect limit any of either partyrsquos rights or

remedies either in law or in equity or relieve either party of any obligation incurred prior to the

effective date of such termination

Article 6 General

61 Liability Insurance

611 Contractorrsquos Insurance

The Contractor at its own cost and expense agrees to put into effect and maintain for the

duration of the contract all necessary and appropriate insurance for delivering the services

outlined in this Agreement

The Contractor will be required to obtain andor maintain (at minimum) at their own

expense the following policy or policies of

a) Commercial General Liability Insurance with a limit of not less than five million

dollars ($5000000) per occurrence

b) Automobile Liability Insurance for owned hired and non-owned vehicles with an

inclusive limit of not less than two million dollars ($2000000) per occurrence or

such greater amount as the Board may reasonably require






The policy or policies will remain in effect for the duration of the contract and shall include

the following

The BGCDSB named as additional insured

Thirty (30) days prior written notice of any change andor cancellation

If the Board acting reasonably requires the amount of coverage increased if it requires the

Proponent to obtain other special insurance or if it requires any policy to be extended in

respect to an assignment then the Contractor shall obtain such extended increased or

special insurance at their own expense

612 Proof of Insurance

On the Effective Date and upon the placement renewal amendment or extension of any

part of the insurance the Contractor shall provide the Board with a certificate of insurance

certified by an authorized representative of the insurer

613 Additional Insurance

It shall be the sole responsibility of the Contractor to determine what additional insurance

coverage if any shall be necessary and advisable for its own protection andor to fulfill its

obligations under the Agreement Any such additional insurance shall be provided and

maintained by the Contractor at its own expense

62 WSIB

The Contractor shall at their own expense obtain and maintain Workplace Safety and Insurance

Board (WSIB) coverage for their employees as required by Workplace Safety and Insurance

legislation The Contractor must provide the Board with their WSIB account number

If the Contractor is an Independent Operators as defined by WSIB the Contractor will be required

to apply for the Independent Operators Status from WSIB

63 Compliance with Laws

The Contractor shall comply with all federal provincial and local laws regulations and orders in

fulfilling its obligations under the Agreement

64 Remedies Cumulative

The rights and remedies of the parties under this Agreement are cumulative and are in addition to

and not in substitution for any other rights or remedies provided in the Agreement by law or in

equity Any single or partial exercise by a party of any right under this Agreement or any failure to

exercise or delay in exercising any such right shall not be or be deemed to be a waiver of or to

prejudice any other rights or remedies to which such party may be entitled






65 Force Majeure

651 General

Except as expressly provided otherwise in this Agreement dates and times by which a

party is required to render performance under this Agreement shall be postponed to the

extent and for the period of time that such party is prevented from meeting such dates and

times by an Event of Force Majeure

652 Purchase of Services

The Board shall not be obligated to purchase the Services in the event that the needs of the

Board changes due to any Event of Force Majeure The Board shall advise the Contractor

where the Boardrsquos needs change

653 Notice

Where an Event of Force Majeure occurs the party who is delayed or fails to perform shall

give prompt notice to the other party

654 Performance

Such party must use reasonable commercial efforts to render performance in a timely

manner utilizing to such end all resources reasonably required in the circumstances

including obtaining supplies or services from other sources if the same are reasonably

available

The SPSCGB will monitor the performance of the Contractor throughout the life of the

Contract Should the SPSCGB determine in its sole and unfettered discretion that the

performance of the Contractor is not meeting the requirements of the Contract then a

written notice of non-performance will be provided to the Contractor The Contractor will

have the opportunity to address andor remedy any and all performance issues If a second

notice of non-performance is issued whether related to the same default or as a result of a

separate occurrence the SPSCGB reserves the right to discontinue the services of the

awarded Contractor and exclude the Contractor from submitting responses to future

opportunities for a period not less than two (2) successive years from the date of the second

notice

The Board reserves the right to discontinue the services of a Contractor at any time during

the Contract if performance is found to be unsatisfactory or if the awarded Contractor is

criminally charged under the ldquovulnerable sectorrdquo laws

655 Right to Terminate

In the event such inability to perform shall continue longer than thirty (30) days the party

which has received or which was entitled to receive notice pursuant to Section 653

(Notice) may terminate the Agreement by notice to the other party without further liability

expense or cost of any kind






66 Alternative Dispute Resolution

661 General

Should any party default in respect of or contravene any portion of the Agreement the

parties agree to address the breach or dispute through Alternative Dispute Resolution

Before pursuing this Alternative Dispute Resolution the parties shall have first escalated

the dispute to the highest level of management within their respective organization and

given at least fifteen (15) days for such highest level of management to resolve the matter

prior to incurring costs under this Section 66 Subject to the provisions of the Agreement

each party shall continue performing its obligations during the resolution of any dispute

including payment of undisputed amounts then due

The arbitration procedures in this Section 65 shall not (i) apply to claims by third parties

or (ii) prevent either party from seeking an injunction or other equitable relief from a court

in order to protect its intellectual property rights or its confidential information

662 Election

If elected by a party any breach or claim arising out of or relating to this Agreement or the

breach thereof may be settled by arbitration in accordance with the Arbitration Act 1991

(Ontario) and judgment upon the award rendered by the Arbitrator may be entered in any

court having jurisdiction thereof The International Commercial Arbitration Act (Ontario)

shall not apply to such arbitration

663 Arbitration Site

The arbitration shall be held at Hanover Ontario or at such other site mutually determined

by the parties Where the parties are unable to agree upon an Arbitrator who is willing to

serve within thirty (30) days of receipt of a demand to arbitrate by a party then either party

may apply to the court for it to appoint the Arbitrator willing to serve

664 Procedure

Subject to the provisions of this Section 66 the Arbitrator shall determine the procedure

for the arbitration Such procedure shall include at least one opportunity for written

submissions by or on behalf of each party and may include proceedings by way of

exchange of oral argument hearings with or without witnesses and such other procedures

as the Arbitrator deems appropriate The Arbitrator shall have no power to amend the

provisions of the Agreement

665 Decision

The Arbitrator shall not award either party punitive damages and the parties shall be

deemed to have waived any right to such damages The decision shall be in writing and

judgment upon the award by the Arbitrator may be entered into any court having

jurisdiction Prompt handling and disposal of the issue shall be important Accordingly the

Arbitrator is instructed to assume adequate managerial initiative and control over discovery






and other aspects of the proceeding to schedule discovery and other activities for

substantially continuous work thereby expediting the arbitration as much as is deemed

reasonable to the Arbitrator but in all events to effect a final award within forty-five (45)

days of the Arbitratorrsquos selection or appointment and within ten (10) days of the close of

evidence

666 Confidential Information

The proceedings shall be confidential and the Arbitrator shall issue appropriate protective

orders to safeguard both partiesrsquo confidential information The Arbitrator shall have the

right but not the obligation to order that the losing party pay the fees of the Arbitrator

which shall be designated by the Arbitrator If the Arbitrator is unable to designate a losing

party or does not order the losing party to pay all such fees the Arbitrator shall so state

and the fees shall be split equally between the parties

667 Termination Clauses Not Subject

Notwithstanding the above the termination clause provisions as set out in Sections 52

(Termination by Either Party) and Section 53 (Termination by the Board) shall not be

subject to Alternative Dispute Resolution

67 Notices

671 General

Any notice demand request consent approval or acceptance required or contemplated to

be given or made hereunder shall be in writing and either delivered personally or by

courier service sent by facsimile transmission or by regular mail postage prepaid

addressed to the address set forth on the first page hereof or

a) in the case of the Contractor to facsimile number [enter fax number]

b) in the case of the Board to facsimile number 519-364-5828

c) or to such other address or number of which either party may from time to time

notify the other in writing The time of giving or making such notice demand

request consent approval or acceptance shall be deemed to have been received

(i) if sent by facsimile transmission on the first Business Day after confirmed

transmission

(ii) if mailed in Canada on the fifth Business Day after the date of mailing other

than during an actual or threatened postal disruption in which event personal

delivery shall be required or

(iii) otherwise when delivered






In addition notice may be given by electronic mail addressed to the Contractor at [enter

Contractorrsquos email address] or to the Board at Tammy_Squiresbgcdsborg provided

that if a party purports to give notice by electronic mail which is returned as being

undeliverable such notice shall not be considered valid notice and the party shall give

notice as otherwise provided herein Notice validly given by electronic mail shall be

deemed to have been received on the first Business Day after transmission Note both the

Board and the Contractor must keep the e-mail addresses current

672 Changes

Each party shall notify the other where there are any changes in the information set out in

this Section 67 (Notices)

673 Publicity

Each party agrees that the terms of this Agreement are confidential Neither party shall in

any of its advertising or otherwise indicate that it has supplied or purchased or may in the

future supply Products andor Services under this Agreement without the express prior

written consent of the other party No acquisition or use of the Products andor Services by

the Board shall be construed as an endorsement or approval of such Products andor

Services

68 Confidentiality

681 General

The parties agree that any information concerning the business or affairs of the other party

or its directors officers agents employees clients and trustees as applicable about which

the other party becomes aware of in the course of the Contractor supplying the Products

andor Services shall

a) be treated as confidential

b) not be disclosed to any third party or to the Contractorrsquos Personnel or the Boardrsquos

staff except as may be required in order for the Contractor or the Board as the case

may be to meet its obligations under this Agreement and

c) not be used for any purpose other than that contemplated by this Agreement and for

the benefit of the other party

The parties agree that any combination of information which includes such information

shall be treated as confidential even if individual parts thereof are not confidential The

parties shall use all reasonable efforts to keep such information confidential using a

standard of care no less than the degree of care that the recipient would be reasonably

expected to employ for its own confidential information The parties shall ensure that all

recipients of the said information including the Contractorrsquos Personnel or the Boardrsquos staff






assume obligations identical in principle with those which the parties assume under this

Section 68

In the event a party is required by any applicable law to make disclosure of any such

information the party required to make disclosure shall consult with the other party in

advance to the extent reasonably practicable as to the contents and timing of such

disclosure

682 Exceptions

While neither party shall disclose any confidential information of the other it shall not

constitute a breach of the obligations hereunder if such confidential information was

a) already in the public domain or becomes known within the public domain from no

breach of such party

b) already known to such party at the time of disclosure

c) independently developed by the party without reference to or use of the information

d) lawfully received by the party from a third party or

e) made public with the prior consent in writing of the other party

683 MFIPPA Records and Compliance

The Contractor and the Board acknowledge and agree that MFIPPA applies to and governs

all Records and may require the disclosure of such Records to third parties Furthermore

the Contractor agrees

a) to keep Records secure

b) to provide Records to the Board within seven (7) days of being directed to do so by

the Board for any reason including an access request or privacy issue

c) not to access any Personal Information unless the Board determines in its sole

discretion that access is permitted under MFIPPA and is necessary in order to

provide the Services

d) not to directly or indirectly use collect disclose or destroy any Personal

Information for any purposes that are not authorized by the Board

e) to ensure the security and integrity of Personal Information and keep it in a

physically secure and separate location safe from loss alteration destruction or

intermingling with other records and databases and to implement use and maintain

the most appropriate products tools measures and procedures to do so






f) to restrict access to Personal Information to those of its directors officers governors

employees agents partners affiliates volunteers or subcontractors who have a need

to know it for the purpose of providing the Services and who have been specifically

authorized by the Board to have such access for the purpose of providing the

Services

g) to implement other specific security measures that in the reasonable opinion of the

Board would improve the adequacy and effectiveness of the Contractors measures to

ensure the security and integrity of Personal Information and Records generally and

h) that any confidential information supplied to the Board may be disclosed by the

Board where it is obligated to do so under MFIPPA by an order of a court or

tribunal or pursuant to a legal proceeding

and the provisions of this paragraph shall prevail over any inconsistent provisions in the

Agreement

69 Entire Agreement

This Agreement together with the RFP 18-1008 all Appendices Schedules Addendums the

Contractorrsquos Proposal and the Contract Award Letter constitutes the entire Agreement between the

parties with respect to the subject matter hereof and supersedes all prior Agreements

understandings negotiations and discussions whether written or oral between the Contractor and

the Board There are no conditions covenants agreements representations warranties or other

provisions expressed or implied collateral statutory or otherwise relating to the subject matter

hereof except as provided herein

610 Assignment and Enurement

This Agreement shall enure to the benefit of and shall be binding on and enforceable by the parties

and their respective successors and permitted assigns Neither party may assign or subcontract any of

its rights or obligations hereunder without the prior written consent of the other party Any act in

derogation of the foregoing shall be null and void For the purposes of this Agreement the transfer

or issuance of shares by the Contractor of more than fifty per cent (50) of the voting securities of

the Contractor to any entity or entities other than to an affiliate (as such term is defined in the

Business Corporations Act (Ontario)) or the shareholder or shareholders of the Contractor as of the

date of this Agreement whether or not such transfer or issuance of voting securities takes place in

one or more transactions shall for the purposes of this Agreement be deemed to be an assignment

of this Agreement requiring the consent of the Board unless such transfer or issuance of shares is

made pursuant to an initial public offering of common shares under the Securities Act (Ontario)






611 Amendment and Waivers

This Agreement may not be amended or modified in any respect except by written instrument signed

by both parties provided that the Board may make changes to the attached schedules as set forth in

Section 12 No waiver of any provision of this Agreement shall constitute a waiver of any other

provision nor shall any waiver constitute a continuing waiver unless otherwise provided

612 Independent Parties

This Agreement does not create a relationship of principal and agent or employer and employee

between the Board and the Contractor and under no circumstance shall either party be considered the

agent of the other The Contractor shall have no authority to assume or create any obligation

whatsoever express or implied in the name of or on behalf of the Board

613 Currency

Unless otherwise indicated all dollar amounts expressed in the Agreement are in Canadian currency

614 Legislation

Where a statute is referred to in the Agreement such statute shall be interpreted to include all of its

related regulations as may be amended from time to time

615 Governing Laws

This Agreement shall be interpreted and enforced in accordance with and the respective rights and

obligations of the parties shall be governed by the laws of the Province of Ontario except that such

Provincersquos conflict of laws rules and the United Nations Convention on Contracts for the

International Sale of Goods shall not apply to this Agreement Each party irrevocably and

unconditionally submits to the non-exclusive jurisdiction of the courts of the Province of Ontario and

the courts competent to hear any appeal






The parties hereby execute this Agreement which is made as of the Effective Date

Bruce Grey Catholic District School Board Name of Board Name of ContractorSupplier

Name (please print clearly) Name (please print clearly)

Superintendent of Business Services TitlePosition (please print) TitlePosition (please print)

Authorized Signature Authorized Signature

I have the authority to bind the organization I have the authority to bind the organization

Date Date






Schedule 1 ndash New Portable Classroom Base Specifications

11 Scope of Services

The objective for the Board in issuing this RFP is to obtain the best value for the supply

delivery and complete installation and set-up of portable classrooms at various locations

throughout the Bruce Grey Catholic District School Board according to the specifications

included herein

12 Building Code Design Criteria

Must meet SB-10 OBC DIV3

Floor shall be rated for 50 PSF live load

13 Building Size

Outside measurements approximately 24rsquo X 32rsquo

Floor to ceiling height 8rsquo0rdquo

14 Foundation

15 ndash 4rdquo X 18rdquo X 18rdquo precast concrete pads and 8rdquo semi solid block piers set on grade

Anchoring included as per building code

All piers must be concealed behind the skirting

15 Structural Steel

Floor structure columns and roof shall be structural steel fabricated in accordance

with CSA W471

16 Floor Construction

Designed for 50 lb sf live load

58rdquo thick tongue and groove plywood screw fastened

frac14rdquo mahogany underlay

Felt fabric for sound attenuation

1-12rdquo steel floor deck on structural steel frame

R28 metal building insulation

17 Skirting Board

frac12rdquo select fir with 2 X 4 framing top and bottom with intermediate uprights to give

full support with backing to grade level

Panels painted with two coats of exterior grade alkyd paint (greyslate)

8 ndash 16rdquo X 8rdquo screened louvers






18 Floor Finishing

20 mm Congoleum Forever Plus sheet flooring (grey color preferred)


4rdquo black vinyl base (preferred)

19 Exterior Wall Construction

Walls with one (1) hour fire separation as per ULI U425)

Vertical steel siding (diamond rib) with baked enamel paint finish (26 gauge)

Siding colour - Stone Grey

Fascia soffit colour - Royal Blue

Typar air barrier

1 layer of R12 (2rdquo) poly ISO continuous rigid insulation

1 layer of R12 (2rdquo) poly ISO rigid insulation with horizontal ldquoZrdquo bars 24rdquo OC

58rdquo fire rated mouldmoisture resistant exterior wall sheathing

6 mil polyethylene vapor barrier

3-58rdquo galvanized steel studs 16rdquo OC

58rdquo type ldquoXrdquo mould resistant wall board to US of deck

Window wall ndash non fire rated




Typar air barrier





110 Interior Wall Finish

58rdquo vinyl covered ldquopaperlessrdquo wallboard complete with 4rdquo rubber base in classic ice

color

Wallboard is to be mould resistant and raised off plywood subfloor with continuous

plastic spacer for added resistance to moisture damage

111 Ceiling Finish

Suspended system with prefinished metal grid and 2rsquo X 4rsquo non-combustible acoustic

tile equal to Armstrong 898 tile

Ceiling height to be 8rsquo0rdquo






112 Roof Construction

Two ply modified bituminous roofing

6rdquo (R40) rigid ldquopolyisordquo insulation-Zone 7 electric heat

Vapor barrier

1-12rdquo steel roof decking

Structural steel roof

Continuous eaves trough complete with down spouts at eaves

Prefinished metal fascia with 3rdquo overhang along eaves to limit water intrusion and

improve wall performance

113 Roof Beams

A multi-ply engineered beam of appropriate size and material with exposed edges

painted designed to accommodate ground snow loads and dead loads for the

appropriate geographical location of the new portable classrooms

114 HeatingAir Conditioning

HeatingAir conditioning to be provided by electric classroom unit ventilator

controlled by a seven-day programmable thermostat

A total of 3 tons cooling and 12 KW heating is required

Shall meet Ontario Building Code requirements

Shall be designed to meet ASHRA 62-1989 and the daynight control shall have

provision to control both night setback temperatures and fresh air makeup

The mechanical unit will have provision for air exhaust or the unit will be supplied

with a separate exhaust fan

The building shall have a gravity weighed pressure balancing louver to equalize

interior and exterior pressures

All external louvers shall be heavy gauge aluminum with storm grills and insect

screens

The unit to be complete with ductwork and diffusers for optimum air distribution and

sound reduction

Proponent to adjust HVAC controls to optimal set point (ie fan speed and

temperature etc) at time of installation and set-up

115 Electrical

LED fixtures controlled by two three way switches at the doors

All fixtures shall be LED 3500K tubes

5 duplex outlets on separate circuits 1-outlet will be located at the rear 2-outlets at

the front of the room and 2-outlets on the side wall in the half with the hydro panel

1-outlet on the rear wall for a clock






One (1) additional outlet is required in each new portable classroom The additional

outlet must be placed above whiteboard height and should be located on the centre of

the front wall or as near to the centre of the front wall as possible

One (1) additional outlet to be mounted in ceiling space above the electrical panel

All wiring to be supplied by the proponent including exterior service riser ground rod

and meter base ready for connection by owner

Service and all entrance connections shall be rated for 220 volts and 100 amps

Heating control relays shall be mounted in metal electrical boxes or integral to the

heating device

The unit shall be pre-wired from the meter base to the main 100-amp service panel

All connections for the wiring shall be part of the set-up cost

All receptacles are to be tamper proof

Loaddemand calculations to be performed and provided by Proponent

116 Windows

3 ndash 4xrsquo5rsquo fixed windows with anti-vandal guard screens (non-opening)

Screens to be provided only ndash not to be installed

4mm thick glass

Window frames to be white

Equivalent or better windows will be accepted

117 Exit Doors

One (1) metal door is required 38rdquo X 7rsquo insulated with hollow metal wrap around

frames with full weather stripping (must ensure minimum opening for accessibility)

A classroom function lockset and check chain wind stop

Eaves trough will be installed over the doors as part of the set up work

Door locksets shall be Schlage Series D ORBIT stainless steel finish five pin F

keyway classroom locksets with standard throw latches and standard ANSI strikes

and anti-pick plates

All hardware to be for commercial use

Door panel and frame colour to be Stone Grey

118 WhiteboardsTack boards

5 ndash Whiteboards in total will be required 2 or 3 will be placed on the front wall and

the remainder on the sidewall Three (3) whiteboards to measure 4rsquo X 8rsquo and one to

measure 4rsquo X 6rsquo for the centre of the front wall

All whiteboards to be frac12rdquo thick with aluminum trim (ASP ndash Architectural School

Products)

Map rails are not required






119 Coat Racks

Coat Racks are to be placed in Portables ordered for St Basilrsquos School and St Maryrsquos

School only (2018)

2 ndash 8rsquo aluminum coat racks with a total of thirty (30) hooks (Model STL 1001 by

Architectural school products)

Coat racks are to be located at the back of the portable

Mounting height to be determined by the Board

120 Lockers

Lockers to be placed in Portables ordered for St Anthonyrsquos and Notre Dame only

(2018)

Sixteen (16) double-tier lockers (GSS)

Located at back of portable ndash replacing coat rack

Colour will be determined prior to placing order

121 Millwork

The portable(s) shall come complete with 3 ndash 8rsquo long book shelves location to be

determined at the time of order

The bookshelves shall be 12rdquo deep and come with 4rdquo recessed kick plates two

shelves with 13rdquo clear space between shelves

Bookshelves shall have all glued connections and come complete with frac14rdquo prefinished

Masonite back

122 Setup amp Delivery

Prices proposed shall include all delivery charges loading unloading transportation

permits and any special unloading equipment

Portables are required to be delivered and completely set up prior to August 1st of

each year of this Agreement

Prices proposed shall be FOB Destination

Supplier is responsible for the assembly of each portable classroom all levelling of

the building sealing the roof at the peak foundation blocks as specified set up of the

electrical mast and installation of the skirting material as specified

The Board will be responsible for electrical connections between the meter base and

the electrical utility

Supplier shall be responsible for the repair of any damage to the portable classrooms

that may be incurred during the shipping installation and set-up of the portable

classrooms All repairs shall be performed at no additional cost to the Board

Supplier shall be responsible for the repair of any damage to Board property andor

surrounding property that may be incurred during the shipping installation and set-up

of the new portable classrooms All repairs shall be performed at no additional cost to

the Board






123 Permits and Inspections

Supplier to pay for all electrical inspection fees and electrical permits related to the

pre-wiring of the building at the time of construction

Supplier to supply stamped engineered drawings

Supplier to provide a sign off indicating the structure is built as defined on the

engineered drawing specifications

Final electrical inspection fees and connections to the building shall be the

responsibility of the Board

Building permits will be paid for and obtained by the Board

The Board will provide a site plan indicating the location of each portable classroom

and the access route on the site

The Board will provide a general arrangement drawing at the time of ordering the

portables indicating the front and rear of the building electrical panel location and

door locations

The successful Proponent will be required to attend a mandatory site visit to

determine the installation and set-up strategy for the new portable classrooms based

on a site plan that will be provided upon award

124 OtherMiscellaneous

Exceptions can be made to the above specifications at the discretion of the Supervisor

of Facility Services for the BGCDSB

Basis for the exceptions will only be considered for lead time andor cost

considerations

Exceptions will not be approved for the absence of meeting SB-10 Ontario Building

Code requirements

Location of the portables will be as per site plan

Site plan(s) to be provided to successful Proponent annually

Site locations may contain combined asphalt and grassed area placement

Stairs leading into each of the new Portable Classrooms to be provided by Supplier

and must meet all applicable regulations

Stairs leading into each of the new portable classrooms must be constructed out of

cedar and must follow the details on the site plan drawing

Fire extinguishers for each new Portable Classrooms to be provided by the successful

Proponent and must meet or exceed all Fire Code regulations as well as all other

applicable regulations

125 Items provided by the Board

Municipal permits

Window coverings

Fire alarm system

PA system

Hook up hydro from power source to portable






126 General

A site plan showing the location of the portable classrooms in relation to permanent

buildings and other portables on the property will be submitted to the successful

Proponent annually

The Board will facilitate the Fire Marshalrsquos approval for the location(s)

Delivery installation and complete set up of all Portable Classrooms ordered by the

Board shall be completed prior to August 1st of each year of this Agreement

Each Proponent shall indicate the last date for ordering the building(s) to ensure the

delivery installation and complete set-up prior to August 1st






Schedule 2 ndash Contractorrsquos Proposal

The Contractorrsquos Proposal to RFP 18-1008 is considered to form an integral component of this

Agreement The Contractorrsquos Proposal is attached below






Table of Contents Article 1 Interpretation 5

11 Definitions 5

12 Schedules 7

13 Documents 7

14 Order of Precedence 7

15 Rules of Interpretation 7

Article 2 Services 8

21 General 8

22 Schedule 8

23 Additional Services 9

24 Sub-Contractors 9

25 Deficiencies 9

26 Penalty Clause 9

27 Application of Boardrsquos Rules and Procedures 10

28 Workplace Safety 11

Article 3 Prices and Payment 12

31 Purchase Price 12

32 Invoicing Procedures 12

33 Taxes 13

Article 4 Representations Warranties Indemnities 13

41 Contractor Representations and Warranties 13

42 Conflict of Interest 14

43 Indemnity 14

Article 5 Term and Termination 14

51 Term 14

52 Termination by Either Party 15

53 Termination by Board 15

54 Contractor Performance 16

55 Obligations in the Event of Termination 17

551 Contractorrsquos Obligation 17

552 Boardrsquos Obligation 17

56 No Limitation of Remedies 17

Article 6 General 17

61 Liability Insurance 17

611 Contractorrsquos Insurance 17

612 Proof of Insurance 18

613 Additional Insurance 18

62 WSIB 18

63 Compliance with Laws 18

64 Remedies Cumulative 18






65 Force Majeure 19

651 General 19


653 Notice 19

654 Performance 19



661 General 20

662 Election 20


664 Procedure 20

665 Decision 20



67 Notices 21

671 General 21

672 Changes 22

673 Publicity 22


681 General 22

682 Exceptions 23






613 Currency 25

614 Legislation 25











113 Roof Beams 29











SERVICES AGREEMENT











of this Contract



11 Definitions


indicated below























subcontractors




by the Contractor














of Education



(Ontario)














1008


as set in 51 (Term)

12 Schedules




13 Documents








a) this Contract
























Article 2 Services

21 General











22 Schedule









of each year













authorization

24 Sub-Contractors


the Board



25 Deficiencies








26 Penalty Clause



















this Contract


















this Agreement

























Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually



















65 Force Majeure 19

651 General 19


653 Notice 19

654 Performance 19



661 General 20

662 Election 20


664 Procedure 20

665 Decision 20



67 Notices 21

671 General 21

672 Changes 22

673 Publicity 22


681 General 22

682 Exceptions 23






613 Currency 25

614 Legislation 25











113 Roof Beams 29











SERVICES AGREEMENT











of this Contract



11 Definitions


indicated below























subcontractors




by the Contractor














of Education



(Ontario)














1008


as set in 51 (Term)

12 Schedules




13 Documents








a) this Contract
























Article 2 Services

21 General











22 Schedule









of each year













authorization

24 Sub-Contractors


the Board



25 Deficiencies








26 Penalty Clause



















this Contract


















this Agreement

























Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually



















113 Roof Beams 29











SERVICES AGREEMENT











of this Contract



11 Definitions


indicated below























subcontractors




by the Contractor














of Education



(Ontario)














1008


as set in 51 (Term)

12 Schedules




13 Documents








a) this Contract
























Article 2 Services

21 General











22 Schedule









of each year













authorization

24 Sub-Contractors


the Board



25 Deficiencies








26 Penalty Clause



















this Contract


















this Agreement

























Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually



















SERVICES AGREEMENT











of this Contract



11 Definitions


indicated below























subcontractors




by the Contractor














of Education



(Ontario)














1008


as set in 51 (Term)

12 Schedules




13 Documents








a) this Contract
























Article 2 Services

21 General











22 Schedule









of each year













authorization

24 Sub-Contractors


the Board



25 Deficiencies








26 Penalty Clause



















this Contract


















this Agreement

























Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually























subcontractors




by the Contractor














of Education



(Ontario)














1008


as set in 51 (Term)

12 Schedules




13 Documents








a) this Contract
























Article 2 Services

21 General











22 Schedule









of each year













authorization

24 Sub-Contractors


the Board



25 Deficiencies








26 Penalty Clause



















this Contract


















this Agreement

























Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually




















1008


as set in 51 (Term)

12 Schedules




13 Documents








a) this Contract
























Article 2 Services

21 General











22 Schedule









of each year













authorization

24 Sub-Contractors


the Board



25 Deficiencies








26 Penalty Clause



















this Contract


















this Agreement

























Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually




























Article 2 Services

21 General











22 Schedule









of each year













authorization

24 Sub-Contractors


the Board



25 Deficiencies








26 Penalty Clause



















this Contract


















this Agreement

























Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually


























authorization

24 Sub-Contractors


the Board



25 Deficiencies








26 Penalty Clause



















this Contract


















this Agreement

























Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually




















this Contract


















this Agreement

























Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually




















Declarations













equity










28 Workplace Safety






applicable laws


in Canada


housekeeping














Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually



























Agreement









31 Purchase Price


RFP 18-1008


Contract





















33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually


























33 Taxes



exemption therefrom




thereon as follows




























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually
























43 Indemnity



related to




















Indemnitees


51 Term










March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually





















March 31 2027














Board




Authority
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually
























termination and


notice










































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually


































Article 6 General



















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually




















the following
















62 WSIB




















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually



















65 Force Majeure

651 General









653 Notice



654 Performance




available










notice















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually




















661 General












662 Election











664 Procedure







665 Decision















evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually























evidence












67 Notices

671 General











transmission

















672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually


























672 Changes



673 Publicity






Services

68 Confidentiality

681 General























Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually




















Section 68




disclosure

682 Exceptions


































Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually























Services








Agreement

69 Entire Agreement



































613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually





























613 Currency


614 Legislation



615 Governing Laws


















Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually

























Date Date











included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually
























included herein




13 Building Size



14 Foundation




15 Structural Steel


with CSA W471








17 Skirting Board










18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually



















18 Floor Finishing









Typar air barrier











Typar air barrier







color



111 Ceiling Finish












Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually






















Vapor barrier






113 Roof Beams
















screens


sound reduction



115 Electrical



















heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually



























heating device





116 Windows



4mm thick glass



117 Exit Doors















Products)







119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually



















119 Coat Racks


School only (2018)





120 Lockers


(2018)




121 Millwork






Masonite back


















the Board



















door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually
































door locations








considerations


Code requirements












Municipal permits

Window coverings

Fire alarm system

PA system







126 General



Proponent annually



















126 General



Proponent annually














18-1008 NEW PORTABLE CLASSROOMS CONTRACT 18-1008 New Portable... · 6.5 Force Majeure ... the...

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Transcript of 18-1008 NEW PORTABLE CLASSROOMS CONTRACT 18-1008 New Portable... · 6.5 Force Majeure ... the...