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Toronto Transit Commission

Instructions to Proponents Request for Proposal - Service (March 2010) of 2

INDEX:

NO. TITLE PAGE NO. 1 PURPOSE............................................................................... 1 2 PROPOSAL SUBMISSION ........................................................ 1 3 PROPOSAL INQUIRIES ............................................................ 1 4 LOBBYING ............................................................................. 1 5 ADDENDA ............................................................................. 2 6 PROPOSAL EVALUATION AND ACCEPTANCE .......................... 2 7 WORK PERFORMANCE ........................................................... 2 8 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF

PRIVACY ACT ........................................................................ 2

INSTRUCTIONS TO PROPONENTS 1 Purpose - The Toronto Transit Commission (TTC) has a requirement for the services as outlined in the Terms of Reference herein. 2 Proposal Submission - The Proponent shall complete the Proposal Form including the Proposal Form Price Schedule(s) and submit

it in a sealed envelope with the label included as ‘Appendix A’ affixed to the front of the envelope. The Proponent shall not show its name on this envelope. The Proponent shall be responsible for ensuring it reviews and understands the Instructions to Proponents, Supplementary Instructions to Proponents, General Conditions, applicable Supplementary Conditions and Terms of Reference, which form this Request for Proposal (RFP). Sealed Proposals addressed as follows, will be received by the TTC at the 1st Floor Reception Desk until 2:00 p.m. Toronto time on TUESDAY, APRIL 17TH, 2012:

ATTENTION: GENERAL SECRETARY

1900 YONGE STREET TORONTO, ONTARIO M4S 1Z2

Any Proposal received late according to the Commission’s clock will not be considered and will be returned to the respective Proponent. Faxed Proposals will not be considered.

The Proponent is solely responsible to ensure that the Proposal submission is delivered to the address indicated above. The TTC will not be responsible to redirect any submissions delivered in error to any other of the Commission's properties.

2.1. Proposal Results - Proposals are not publicly opened and until the Contract award, only the names of the Proponents will be

available on the Materials & Procurement website at www.ttc.ca under 'Business with the TTC'. Following the Contract award, the name(s) of the successful Proponent(s) along with award value(s) will be available at www.ttc.ca.

3 Proposal Inquiries - All inquiries or requests for information during the Proposal period shall without exceptions, be directed to the

Buyer by e-mail at [email protected] Fax No. (416) 537-0385 or Phone No. (416) 393-4740. The Commission will only ensure responses to inquiries received at least one week prior to the Proposal closing. No assurances are given by the Commission that responses will be made to inquiries received after that date.

4 Lobbying - .1 Anyone who “Lobby’s” (as defined in the City of Toronto Municipal Code, Chapter 140) or is expected to Lobby a Member of

the Commission (i.e. Commissioner), their staff, or any Commission officer or employee must comply with the requirements as

TITLE: INSPECTIONS, REPAIRS AND TRANSPORTATION OF SELF-PROPELLED ELEVATING DEVICES FOR UP TO A THREE (3) YEAR TERM

PROPOSAL NO: P31CJ12007 ISSUE DATE: MARCH 26TH, 2012

Your firm is hereby invited to submit a Proposal to the Toronto Transit Commission for the above stated referenced requirement as specified in this Request for Proposal (RFP).


Instructions to Proponents Request for Proposal - Service (March 2010) of 2

set out in the City of Toronto Municipal Code, Chapter 140 – Lobbying). For the purposes of Chapter 140 of the City of Toronto Municipal Code, the Commission is a “local board (restricted definition)”. For further information please see City of Toronto Web site at www.toronto.ca/lobbying.

.2 Failure to comply with the requirements of Chapter 140 of the City of Toronto Municipal Code, may, in the Commission’s sole

discretion, be considered in the evaluation of the Tenderer’s current or future tender/proposal submissions and award of the current or future contracts. The Commission reserves the right, at it sole discretion, to not award a contract to a Proponent who has failed to comply with the requirements of Chapter 140 of the City of Toronto Municipal Code.

5 Addenda - During the Proposal period, any change to the Request for Proposal will be made by the issuance of an addendum. For a

Proposal that is posted on our website, addenda will be posted electronically on the website. It is the Proponent’s responsibility to monitor the website to ensure they have received all the addenda issued up until the Proposal closing. For a Proposal that is issued via e-mail, courier or fax, addenda will also be emailed, couriered or faxed to the Proponent. Addenda will be issued in the form of complete replacement pages and will refer to the addendum number at the bottom of the page. The Proponent shall note in the Proposal Form the number of addenda received during the Proposal period, to acknowledge that the contents form part of its Proposal. No oral interpretations, clarification or change shall modify any of the conditions to this Request for Proposal.

6 Proposal Evaluation and Acceptance:

.1 No Proposal may be withdrawn after the RFP closing date and time, until expiration of the RFP validity specified in the Proposal Form.

.2 The Proponent shall accept all terms and conditions of the RFP unless explicitly excepted or qualified in its Proposal.

.3 Taking any exception to the RFP may render the Proposal unacceptable. Any errors or inconsistencies in the Proposal shall be subject to the interpretation of the Commission.

.4 The Commission's right to accept or reject any Proposal, whether or not it conforms with the RFP or to cancel the RFP at any time prior to the award of contract is expressly reserved without liability to the Commission.

.5 At its discretion and following the RFP closing the Commission reserves the sole right to discuss or clarify any other matter in the Proposal of a Proponent in order to satisfy itself as to the intent of a Proposal.

.6 The Commission during its evaluation of the Proposals may require a tour of the Proponent’s facilities or proposed sub-contractor’s facilities in order for the Proponent to demonstrate its capabilities to perform the work as outlined within this RFP.

7 Work Performance: The Commission during the term of a contract maintains a record of the performance of the Company completing

work for the Commission and this information may be shared with the City of Toronto. The past performance of Proponents in completing contracts for the Commission will be considered and the Commission reserves the right to reject any Proposal submitted by a Proponent with an unsatisfactory performance rating.

8 Municipal Freedom of Information and Protection of Privacy Act: A Proposal submitted to the Commission shall become the property

of the Commission and is therefore subject to the provisions of the Ontario Municipal Freedom of Information and Protection of Privacy Act. Proponents are responsible for familiarizing themselves with the provisions of this Act.

END OF SECTION


Supplementary Instructions to Proponents Request for Proposal - Service (March 2010) Page 1 of 3

INDEX:

NO. TITLE PAGE NO. 1 SUBMISSION REQUIREMENTS ................................................. 1 2 PROPOSAL PRICING ............................................................... 2 3 PROPOSAL EVALUATION AND ACCEPTANCE OF PROPOSALS .. 3

These Supplementary Instructions complement the Instructions to Proponents, which shall apply to the RFP except as amended below: 1 Submission Requirements - In order to aid the Commission in determining the capability of Proponents, each Proponent shall

submit the following: .1 Mandatory Requirements - The following information must be submitted with the Proponent’s Proposal: A signed copy of the Proposal Form including:

.1 Proponent’s name and address.

.2 Completed Price Schedules A, B, C and D.

.3 Acknowledge that any Addenda issued by the Commission form part of the Proponent’s Proposal.

.4 Signature of the Proponent.

.5 Ensure all pages of the Proposal Form are submitted.

.6 A list of users for whom the Proponent has completed similar work in the last two years, a description of the work and the approximate contract value of the work. To be submitted on Document 00422.

.2 Optional Requirements

.1 A soft copy of the Price Schedules on a Compact Disk (CD). Ensure that the CD is labelled with the Proponent’s name and the Proposal Number.

.2 Any standard agreement(s), which the Proponent proposes to be executed as part of the award of the Contract. Failure by the Proponent to supply this documentation for the Commission’s review with their Proposal will constitute that the Proponent agrees to perform the Work in accordance with the RFP Documents.

.3 Information to be Submitted after Proposal Closing –

Submit the following within two (2) working days, if requested by the Commission, after closing of the Proposal:

.1 A certificate of incorporation as evidence that the Proponent is registered to transact business in the Province of Ontario.

.2 Latest audited, financial statements.

.3 Bank and credit information, including the name and telephone number of the branch manager to whom inquiries may be directed.

.4 Insurance Requirements: The successful Proponent shall be required to comply with the requirements as specified in SC2 – INSURANCE REQUIREMENTS of the Supplementary Conditions and provide the evidence of insurance as specified.

.5 A list of the Proponent’s principal officers, directors/owners and its parents company if applicable.

.6 A summary of the Proponent's relevant experience and qualifications which shall include but not be limited to a history of the Proponent’s firm. i.e. number of years in business, list of staff individuals proposed to be taking part in the Work and their resumes.

.7 Copy of the Proponent’s Environmental Policy as per Terms of Reference – Section 2.3: Scope of Work

.8 A Company Profile including the following information: • Number of years in business • Proof of experience working on noted manufacturer equipment • Number of service vehicles • Number of service technicians and their years of experience in this field • Operating hours for service calls • Provide an emergency service request process



.9 Identify the primary contact (Company Representative) for the Work and provide a resume outlining their experience and

qualifications. Also, identify the escalation process including the names, titles and phone numbers of the identified individuals.

.10 Statement and details on the range of services offered by the Proponent.

.11 Type of equipment that will be used and technical qualifications of the each proposed staff for the performance of the Work. This must include training certificates for all equipment listed in the Master List (Appendices C1 and C2) to show evidence that they are qualified to do the Work.

.12 The Company shall provide proof that their employees have had fall arrest training.

2 Proposal Pricing

.1 Unless specifically shown to the contrary, Proposal prices shall be considered firm, in Canadian funds, and inclusive of all applicable costs, all applicable federal taxes (including but not limited to GST and HST which has been passed into legislation and is effective July 1, 2010) and duties and all applicable Ontario provincial taxes, either in force or announced prior to the Proposal closing, even if the effective date is subsequent to the Proposal closing, allowances, freight, and including fees for applicable permits, approvals and notices, with the exception of permits identified in the Specifications as being supplied by the Commission.

.2 Proposal pricing shall also include all applicable federal taxes (including but not limited to GST) and duties and all applicable

Ontario provincial taxes either in force or announced prior to the Proposal closing, even if the effective date is subsequent to the Proposal closing, in accordance with GC4 - TAXES AND DUTIES.

.3 The Proponent shall submit unit prices for all items listed in the Price Schedule, based on the estimated quantities indicated. .4 The Proponent may NOT submit a partial bid. .5 The Proponent shall include in its Proposal, extended prices based on the estimated quantities for items of Work shown in

the Price Schedule. Such extended prices shall be the product of the unit prices multiplied by the estimated quantities. The estimated quantities and the extended prices quoted shall be considered estimates only for the purpose of establishing a base for comparison of Proposals. Payments shall be based on the actual Work required and performed, at the Contract unit prices, subject to the terms and conditions of the Contract Document.

Included herein are four (4) Price Schedules referenced as; Price Schedule A, B, C and D, refer to Proposal Form Section for Price Schedules.

This Contract is intended to be awarded to a single company for the supply of the Work, and will be established as an upset limit amount. The Commission reserves the right to negotiate for greater discounts should actual expenditures/usage exceed estimated expenditures/usage. If any single line item ordered exceeds $5,000.00, the Commission reserves the right to negotiate the price or re-tender this single purchase at its sole discretion. The Commission, at its sole discretion, reserves the right to award a Contract for the entire [3] year period or a partial period, with the option to extend for an additional period at any time prior to the expiration of the Contract, at the Proposal pricing.

6 PRICE SCHEDULE(S) / MASTER LIST (APPENDICES C1 & C2) / INSPECTION SCHEDULES (APPENDIX B) 1 PRICE SCHEDULE A - ROUTINE SERVICE MAINTENANCE

This is to provide maintenance for all scissor and boom lifts as per “SCOPE OF WORK” for each class of lifts outlined in Price Schedule A.

2 PRICE SCHEDULE B –

a. UNSCHEDULED MAINTENANCE – ACTUAL TIME ON SITE

The Commission may require the Company to perform routine maintenance outside the normal scheduled maintenance routine provided by the Company. The Company shall submit to the Commission’s Representative a cost estimate listing the number of hours required to complete the Work and the required replacement parts as two



(2) separate items. The Company will provide this requested maintenance within forty-eight (48) hours of notification from the Commission’s Representative.

b. SERVICE CALL CHARGE

As a continuation of PART B – UNSCHEDULED MAINTENANCE, the Company will provide a flat rate service call cost to come on site and assess what is needed to perform the requested maintenance. This will include any and all transport cost to bring the unit to the Company’s facility if an assessment cannot be done on site.

c. SCISSOR LIFT NON-DESTRUCTIVE TESTING The Commission on occasion may require a non-destructive test to be conducted as per Scope of Work Section 3.7.3.

3 PRICE SCHEDULE C – REPLACEMENT PARTS

The Company is to provide prices for frequently used replacement parts for years one (1), two (2) and three (3). The Company is to provide a percentage (%) discount off manufacturer’s list price for any items not listed in Price Schedule C which will remain firm for the duration of the Contract.

4 PRICE SCHEDULE D - SCISSOR / BOOM LIFTS RENTAL CHARGES (MONTHLY)

The Commission on occasion may be required to rent lifts for short duration work. The monthly rate includes the cost of delivery and pick-up, and loading and off-loading of the rental unit to any of the Commission’s Properties.

During the Contract period, additional units may be added to the Master List (Appendices C1 & C2) at the costs quoted.

3 Proposal Evaluation and Acceptance of Proposals

.1 The Commission is under no obligation to accept the lowest or any Proposal. .2 Proposals will be evaluated on the basis of all information provided by the Proponent. Each Proposal will be reviewed to

determine if the proposal is responsive to the submission requirements outlined in the RFP. Failure to comply with these requirements may deem to proposal non-responsive.

.3 Following the Proposal closing, the Commission reserves the sole right to negotiate acceptable terms and conditions and to

clarify any other matter in the Proposal from a Proponent(s) the Commission has determined to have offered the best overall proposals.

.4 The evaluation of Proposal submissions may be based on the following: .1 The total proposal price as set out in the Proposal Form – Price Schedule. .2 The information submitted by the Proponent as requested in SUBMISSION REQUIREMENTS (Section 1 of the

Supplementary Instructions to Proponents).

END OF SECTION

APPENDIX A PLEASE CUT-OUT AND AFFIX THIS ADDRESS LABEL TO THE ENVELOPE CONTAINING YOUR SUBMISSION.

NOTE: THE TORONTO TRANSIT COMMISSION CANNOT BE HELD RESPONSIBLE FOR DOCUMENTS SUBMITTED IN ENVELOPES THAT ARE NOT LABELLED IN ACCORDANCE WITH THE ABOVE INSTRUCTIONS. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE BUYER REFERENCED IN THE INSTRUCTIONS TO PROPONENTS.

TO: TORONTO TRANSIT COMMISSION PROPOSAL NO.: P31CJ12007 TITLE: INSPECTIONS, REPAIRS AND TRANSPORTATION OF SELF-

PROPELLED ELEVATING DEVICES FOR UP TO A THREE (3) YEAR TERM

CLOSING: 2:00 P.M.

TORONTO TIME on TUESDAY, APRIL 17TH, 2012 ATTENTION: GENERAL SECRETARY TORONTO TRANSIT COMMISSION 1900 YONGE STREET TORONTO, ONTARIO M4S 1Z2


Proposal Form Request for Proposal – Service (March 2010) Page 1 of 2

INDEX:

NO. TITLE PAGE NO. 1 DECLARATION ...................................................................... 1 2 OFFER .................................................................................. 1 3 RECEIPT OF ADDENDA ........................................................... 1 4 STATEMENT OF COMPLIANCE ............................................... 1 5 INSURANCE REQUIREMENTS .................................................. 2 6 TERM OF PAYMENT ............................................................... 2 7 PROPOSAL VALIDITY ............................................................. 2 8 SIGNATURE .......................................................................... 2 PRICE SCHEDULE

TITLE: INSPECTIONS, REPAIRS AND TRANSPORTATION OF SELF-PROPELLED ELEVATING DEVICES FOR

UP TO A THREE (3) YEAR TERM

PROPOSAL NO: P31CJ12007

TO: TORONTO TRANSIT COMMISSION

1 DECLARATION –

We, (COMPANY NAME, PROPONENT)

(ADDRESS)

(TELEPHONE NO. INCLUDING AREA CODE, FAX NO., AND E-MAIL ADDRESS - if available)

declare that we have carefully examined the Instructions to Proponents, Supplementary Instructions to Proponents, General Conditions, applicable Supplementary Conditions and Terms of Reference and all addenda and do hereby accept the same as part and parcel of the Contract:

a) That the shareholders or partners of the company indicated above are the only persons interested in this Proposal, and no other person has any interest in this Proposal, or in the Contract proposed to be taken;

b) That our Proposal is made without any knowledge, comparison of figures, or arrangements with any other party or parties making a Proposal for the same Work and is, in all respects, fair and made without collusion or fraud;

c) That no member of the City of Toronto Council or Commissioner of the Toronto Transit Commission, or any officer or employee of the City of Toronto or of the Toronto Transit Commission is or shall become interested, directly or indirectly, as a contracting party, partner or otherwise in, or in the performance of the Contract or in the supplies, Work or business to which it relates, or in any portion of the profits thereof, or of any such supplies to be used therein, or in any of the monies to be derived there from.

d) That we are in compliance with the City of Toronto Municipal Code, Chapter 140 - Lobbying.

2 OFFER - We hereby offer to supply the Work as specified within the RFP, at and for the prices as detailed in the following Proposal Form - Price Schedule (Appendix 1), in Canadian funds which includes all applicable taxes, and all other associated costs except as otherwise explicitly stated in the Proposal Form- Price Schedule.

3 RECEIPT OF ADDENDA – We agree that this Proposal includes addenda no. to inclusive as issued by the Commission

during the RFP period. It is the Company’s responsibility to monitor the website to ensure they have all the addenda issued. 4 STATEMENT OF COMPLIANCE – We have submitted our Proposal in accordance with the Supplementary Submission Requirements

as per Section 1 of the Instructions to Proponents and agree to provide any additional information required as per Section 1.1 and


Proposal Form Request for Proposal – Service (March 2010) Page 2 of 2

1.2 after the Proposal closing and further we agree to accept and will comply with all terms and conditions of the Request for Proposal if requested by the Commission.

5 INSURANCE REQUIREMENTS – We hereby acknowledge and agree that should our Proposal be accepted by the Commission, we

shall:

.1 Submit the documentation specified in SC3 - EVIDENCE OF INSURANCE, in a form acceptable to the Commission; and meet or exceed the liability limits required and comply with all other conditions specified in SC2 - INSURANCE REQUIREMENTS.

6 TERMS OF PAYMENT – We agree that the Proposal prices are based upon the payment terms as stated in SC5 - TERMS OF

PAYMENT. 7 PROPOSAL VALIDITY – We agree that this Proposal is valid for a period of one hundred and twenty (120) calendar days from the

date of closing of Proposals and that the Commission may at any time within the said period accept this Proposal whether or not any other Proposal has been previously accepted. If requested by the TTC the Proponent agrees to extend the validity for a period of up to an additional sixty (60) calendar days.

8 SIGNATURE - Dated this day of Month/Year

Per: (Signature) Name: Title: I/We have authority to bind the Corporation. If you are unable to submit a bid please select one of the following:

1. Cannot handle due to present capacity and cannot meet completion requirements.

3. Insufficient time to prepare a Proposal submission

2. Requirement too large/too small.

4. Other (please specify):

TORONTO TRANSIT COMMISSION

PROPOSAL NO. P31CJ12007: PRICE SCHEDULE A - MONTHLY AND ANNUAL INSPECTION COST

Monthly

Inspections

Annual

InspectionsYear 1 Year 2 Year 3

ITEM NO TTC TAG # MODEL # SERIAL # MANUFACTURER Qty Qty Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Unit Cost Unit Cost

1 K400 GS3232 GS3209A-94631 Genie 11 1 -$ -$ -$

2 # K347 GS1930 GS009B-98325 Genie 11 1 -$ -$ -$

3 # 23 GS2632 95203 Genie 11 1 -$ -$ -$

4 # 21 GS2632 50431 Genie 11 1 -$ -$ -$

5 # 22 GS2632 84305 Genie 11 1 -$ -$ -$

6 # 24 Z-30/20N 1729 Genie 11 1 -$ -$ -$

7 # 4 Z34 - 22N Z34N-2763 GENIE - Narrow Boom 11 1 -$ -$ -$

8 TTC K386 Z34/22N K386(3753) GENIE - Narrow Boom 11 1 -$ -$ -$

9 TTC K387 Z34/22N K387(3997) GENIE - Narrow Boom 11 1 -$ -$ -$

10 # E310 Z34 - 22N Z34N-3340 GENIE – Narrow Boom 11 1 -$ -$ -$

11 # K330 Z-30/20 N 230N06-8126 Genie Boom 11 1 -$ -$ -$

12 # 45-1 AWP-25S-DC AWPC04-28572 GENIE Super Series 11 1 -$ -$ -$





17 # 17 M4069LE 2221200196 JLG Industries Inc. 11 1 -$ -$ -$

18 # 18 M4069LE 200118851 JLG Industries Inc. 11 1 -$ -$ -$

19 TTC #217 2646E 217(0200031196) JLG Industries Inc. 11 1 -$ -$ -$

20 TTC #218 2646E 218(0200029357) JLG Industries Inc. 11 1 -$ -$ -$

21 #2632 95203 N/A JLG Industries Inc. 11 1 -$ -$ -$

22 # 26 20DVL 130006201 JLG Industries Inc. 11 1 -$ -$ -$




26 # 25 20MVL 130016190 JLG Industries Inc. 11 1 -$ -$ -$

27 # K331 3246 ES 200151219 JLG Industries Inc. 11 1 -$ -$ -$

28 # K332 20 DVL 130007915 JLG Industries Inc. 11 1 -$ -$ -$

29 # 6 2548 7000197 MEC 11 1 -$ -$ -$

30 # 9 2548 7000470 MEC 11 1 -$ -$ -$

31 # 8 2548 7000349 MEC 11 1 -$ -$ -$

32 # 14 / E304 2647ES 9900558 MEC 11 1 -$ -$ -$

Monthly Inspection Cost Annual Inspection Cost

Year 1 Year 2 Year 3

1 of 3



Monthly

Inspections

Annual





33 # E601 SJIII 4626 710735 SKYJACK 11 1 -$ -$ -$

34 # E305 SJIII4626 708760 SKYJACK 11 1 -$ -$ -$

35 # 19 SJIII3219 22032054 SKYJACK 11 1 -$ -$ -$

36 # 095-48 SJ4620 66761 SKYJACK 11 1 -$ -$ -$

37 # 20 SJIII3219 22032054 SKYJACK 11 1 -$ -$ -$

38 K348 SJIII4626 70005643 SKYJACK 11 1 -$ -$ -$

39 # E306 SJIII4626 708759 SKYJACK 11 1 -$ -$ -$

40 # E602 SJIII-4626 710737 SKYJACK 11 1 -$ -$ -$

41 # 15 SJ1113226 28954 SKYJACK 11 1 -$ -$ -$

42 # 16 X26N 17833 UPRIGHT 11 1 -$ -$ -$

43 # 11 4533 66100-000 UPRIGHT 11 1 -$ -$ -$

44 # 13 16156 1026-0210 UPRIGHT 11 1 -$ -$ -$

45 # 7 2546 FN84058 WILDCAT 3000 11 1 -$ -$ -$

46 E-213 V1832 3688-1461 Genie 11 1 -$ -$ -$

47 E-216 Z230-20HD 02822 Genie 11 1 -$ -$ -$

48 E-302 Z34-22 02445 Genie 11 1 -$ -$ -$

49 E-303 Z34-22 02446 Genie 11 1 -$ -$ -$

50 E-313 GS-1930 47400 Genie 11 1 -$ -$ -$

51 E-314 GS-1930 47393 Genie 11 1 -$ -$ -$

52 K-340 GS-1530 78206 Genie 11 1 -$ -$ -$

53 K-341 Z30/20-N 7900 Genie 11 1 -$ -$ -$

54 K-342 Z45-25JRT 34112 Genie 11 1 -$ -$ -$

55 K-403 GS-1930 GS3011A-103787 Genie 11 1 -$ -$ -$

56 K-343 GS-1930 90742 Genie 11 1 -$ -$ -$

57 K-384 Z30/20M 230N06-8463 Genie 11 1 -$ -$ -$

58 K-385 Z34/22N Z34N06-6178 Genie 11 1 -$ -$ -$

59 K-386 Z34/22N Z34N-3753 Genie 11 1 -$ -$ -$

60 K-387 Z34/22N Z34N-3997 Genie 11 1 -$ -$ -$

61 119 Z34/22 Z34N-8-8119 Genie 11 1 -$ -$ -$

62 K-349 Z45-25Z45 256 054

038919Genie 11 1 -$ -$ -$

63 K-347 Z30/20N 230N09-12054 Genie 11 1 -$ -$ -$

64 721-1 20MSP 1300013158 JLG Industries Inc. 11 1 -$ -$ -$

2 of 3



Monthly

Inspections

Annual





65 721-2 20MSP 1300013163 JLG Industries Inc. 11 1 -$ -$ -$

66 E-217 2646E 0200031196 JLG Industries Inc. 11 1 -$ -$ -$

67 E-218 2646E 0200029359 JLG Industries Inc. 11 1 -$ -$ -$

68 E-311 AJPE300 0300051797 JLG Industries Inc. 11 1 -$ -$ -$

69 K-345 20MSP 1300012702 JLG Industries Inc. 11 1 -$ -$ -$

70 K-380 JLG-20DVL 0130007651 JLG Industries Inc. 11 1 -$ -$ -$

71 K-381 JLD-20DVL 0130006769 JLG Industries Inc. 11 1 -$ -$ -$

72 K-382 JLG-AM24 10879 JLG Industries Inc. 11 1 -$ -$ -$

73 K-383 JLG-AM24 10860 JLG Industries Inc. 11 1 -$ -$ -$

74 E-211 2548HT 7100201 MEC 11 1 -$ -$ -$

75 E-212 2548HT 7100323 MEC 11 1 -$ -$ -$

-$ -$ -$ -$ -$ -$

-$ -$ -$ -$ -$ -$

-$ -$ -$ -$ -$ -$

NOTES:

1. Inspection cost to include labour and travel time.

2. Additional units may be added to the list during the Contract period.

Sub-Total

Taxes (13%)

Total

3 of 3


PROPOSAL NO. P31CJ12007: PRICE SCHEDULE B

UNSCHEDULED MAINTENANCE - ACTUAL TIME ON SITE (includes repairs at time of inspections)

DescriptionEst. Yearly

Labour HoursHourly Rate Extended Cost Hourly Rate Extended Cost Hourly Rate Extended Cost

REGULAR SERVICE CALLS (Mon-Fri

from 7.00 AM - 3.30 PM)178 -$ -$ -$

EMERGENCY SERVICE CALLS (Mon-

Fri from 7.00 AM to 3.30 PM incl.

weekends)

15 -$ -$ -$

HOLIDAY / OFF HOUR CALLS 7 -$ -$ -$

Sub-Total -$

HST -$

Grand Total -$

SERVICE CALL CHARGE (FLAT RATE FOR ANY LOCATION)

Description Est. Yearly Calls Cost Per Call Extended Cost Cost Per Call Extended Cost Cost Per Call Extended Cost


from 7.00 AM - 3.30 PM)52 -$ -$ -$



weekends)

5 -$ -$ -$


Sub-Total -$

HST -$

Grand Total -$



1 of 2


PROPOSAL NO. P31CJ12007: PRICE SCHEDULE B

TRAVEL CHARGES (FLAT RATE) (charge over & above service call charge)

Description Est. Yearly Qty Cost Per Call Extended Cost Cost Per Call Extended Cost Cost Per Call Extended Cost


from 7.00 AM - 3.30 PM)42 -$ -$ -$



weekends)

5 -$ -$ -$


Sub-Total -$

HST -$

Grand Total -$

TRANSPORTATION CHARGES

Description Est. Yearly Qty Cost Per Move Extended Cost Cost Per Move Extended Cost Cost Per Move Extended Cost

TTC Location to Vendor Facility 10 -$ -$ -$

Vendor Facility to TTC Location 10 -$ -$ -$

TTC Location to TTC Location 30 -$ -$ -$

Sub-Total -$

HST -$

Grand Total -$

NON-DESTRUCTIVE TEST (to include all transportation charges including loading and off loading)


Description Unit Cost Unit Cost Unit Cost

10 yr Non-Destructive Test (to be

performed after a unit has been in

service for 10 years)

5 yr Non-Destructive Test (to be

performed every five (5) years after

the 10 yr non-destructive test

performed)

NOTE: For administrative purposes only

Year 1


NOTE: Charge to include loading and off loading. Applicable if a unit has to be moved from TTC location to vendor facility for repairs other than non-destructive test or if a

transfer from one TTC location to another TTC location is required.

Year 3Year 2

2 of 2


PROPOSAL NO. P31CJ12007: PRICE SCHEDULE C - REPLACEMENT PARTS

ITEM NO PART NUMBER DESCRIPTION Est. Qty Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Extended Cost

1 15916 6 VOLT BATTERY 10 -$ -$ -$

2 13008 5 AMP GAUGE CHARGER 10 -$ -$ -$

3 PV27DC 12 VOLT BATTERY (GEL) 10 -$ -$ -$

4 4922097 HARNESS 10 -$ -$ -$

5 7011513 AC CHARGER PLUG 10 -$ -$ -$

6 SIR-450 12 VOLT BATTERY 10 -$ -$ -$

7 66805-004 KEY SELECTOR 5 -$ -$ -$

8 96257 BRAKE ASSEMBLY 5 -$ -$ -$

9 2586717 HYDRAULIC HOSE ASSEMBLY 5 -$ -$ -$

10 7040632 HYDRAULIC FILTER 15 -$ -$ -$

11 102752 KEY SELECTOR 5 -$ -$ -$

12 BT839-10 HYDRAULIC HOSE ASSEMBLY 5 -$ -$ -$

13 40836 TILT LEVEL SENSER 5 -$ -$ -$

14 103101 24 VOLT SOLENOID 5 -$ -$ -$

15 7017444 4641001 SOLENOID VALVE 5 -$ -$ -$

16 102769 EMERGENCY STOP BUTTON 5 -$ -$ -$

17 105735 STEEP CAP 5 -$ -$ -$

18 F58D 6 VOLT BATTERY 5 -$ -$ -$

19 596SVY MALE PLUG 5 -$ -$ -$

20 U2200UTL 6 VOLR BATTERY 5 -$ -$ -$

21 1147277 SPRING HING 5 -$ -$ -$

22 100509 PIN QUICK RELEASE 5 -$ -$ -$

23 SY248 BARKUP ALARM 5 -$ -$ -$

24 74634 ELEMENT RFM9 FILTER 5 -$ -$ -$

25 7021616 CARTRIDGE FILTER 5 -$ -$ -$

26 108876U NON-MARKING TIRE ASSEMBLY 8 -$ -$ -$

27 108877U TIRE, NON MARK W/ BRAKE 8 -$ -$ -$

28 U3050 6V BATTERY 5 -$ -$ -$


1 of 2


PROPOSAL NO. P31CJ12007: PRICE SCHEDULE C - REPLACEMENT PARTS

ITEM NO PART NUMBER DESCRIPTION Est. Qty Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Extended Cost


29 SY900R48BN 48V CURTIS BATTERY 5 -$ -$ -$

30 255679BLACK TIRE AND WHEEL

INSTALLATION4 -$ -$ -$

31 255682STANDARD NON-MARKING TIRE

AND WHEEL INSTALL4 -$ -$ -$

32 4860240 STANDARD TIRE 4 -$ -$ -$

33 4860240RUBBER TIRES / RUBBER TIRE

REAR ONLY4 -$ -$ -$

34 400209 BATTERY 5 -$ -$ -$

35 1001097982 STANDARD TIRES 5 -$ -$ -$

36 10816424V 40A, 220 VAC BATTERY

CHARGER5 -$ -$ -$

37 OBAE24V/40A BATTERY CHARGER 5 -$ -$ -$

38 270570 IN240/55 x17.5 (FOAM-FILLED) 4 -$ -$ -$

39 270581IN240/55 x17.5 (NON-MARKING

FOAM-FILLED)4 -$ -$ -$

40 158757 WHEEL 4 -$ -$ -$

Sub-Total -$ -$ -$

Taxes (13%) -$ -$ -$

Total -$ -$ -$

Proponent to offer ______________% discount OFF manufacturer's list price for any item not listed above

that will remain firm for the entire duration of the Contract.

NOTES:

1. The quantities stated in the Price Schedule are estimated quantities only, for the purposes of comparative evaluation of bids and that billings will be based on the

actual quantities required and at the unit prices quoted.

2 of 2

Toronto Transit Commission Document 00422 Proposal No. P31CJ12007 LIST OF SIMILAR CONTRACTS COMPLETED Page 1 (WITHIN LAST 5 YEARS) 1. Contract Work Description

Contract Value

Name of Owner

Contact Name

Telephone No.

Arch/ Eng

Contract Name

Telephone No.

Contract Duration

Date Completed

2. Contract Work Description

Contract Value

Name of Owner

Contact Name

Telephone No.

Arch/ Eng

Contract Name

Telephone No.

Contract Duration

Date Completed


Contract Value

Name of Owner

Contact Name

Telephone No.

Arch/ Eng

Contract Name

Telephone No.

Contract Duration

Date Completed


Toronto Transit Commission Document 00422 Proposal No. P31BK11196 LIST OF SIMILAR CONTRACTS COMPLETED Page 2 (WITHIN LAST 5 YEARS)

Contract Value

Name of Owner

Contact Name

Telephone No.

Arch/ Eng

Contract Name

Telephone No.

Contract Duration

Date Completed


Contract Value

Name of Owner

Contact Name

Telephone No.

Arch/ Eng

Contract Name

Telephone No.

Contract Duration

Date Completed

END OF DOCUMENT


General Conditions Request for Proposal – Service (March 2010) Page 1 of 4

INDEX:

NO. TITLE PAGE NO. GC1 DEFINITIONS ......................................................................... 1 GC2 INTENT OF THE CONTRACT ................................................... 1 GC3 LAWS TO BE OBSERVED ........................................................ 1 GC4 TAXES AND DUTIES .............................................................. 2 GC5 INDEMNIFICATION ................................................................. 2 GC6 STAFF AND METHODS .......................................................... 2 GC7 REPORTING OF PROGRESS ..................................................... 2 GC8 CHANGES IN THE WORK AND CLAIMS ................................... 2 GC9 CONFIDENTIAL DATA ............................................................ 2 GC10 RESPONSIBILITY FOR PROVISION OF SERVICE ......................... 3 GC11 WORKERS’ RIGHTS ................................................................ 3 GC12 RECORDS AND AUDIT ........................................................... 3 GC13 SEVERABILITY ....................................................................... 3 GC14 SUSPENSION OR TERMINATION ........................................... 3

GC15 TERMINATION FOR DEFAULT ............................................... 3

GC1 DEFINITIONS: The following definitions apply to the Contract Documents and references to the singular

throughout the Contract Documents shall be considered to include the plural and vice versa, as the context requires: .1 "Commission" or "TTC" - Toronto Transit Commission. .2 “Commission's Representative" - The individual designated from time to time by the Commission, to

exercise such power, authority or discretion as is required under the Contract. .3 "Company" - The Proponent to whom the Commission has awarded the Work, its successors and

assignees. .4 "Company’s Representative" - The person(s) used by the Company to complete the Work, whether directly

employed by or under contract with the Company or provided by a Subcontractor. .5 "Contract" - The agreement entered into by the Commission and the Company to perform their respective

duties, responsibilities and obligations as prescribed in the Contract Documents. .6 "Contract Amendment" shall mean a written order to the Company for additions, deletions or other

revisions to the Work as specified in the Contract Documents. .7 "Contract Documents" shall mean any Contract Amendments, Purchase Order, Supplementary Conditions,

General Conditions, Terms of Reference, Form of Proposal, any addenda and the Company's Proposal and the order of precedence of these documents for the purposes of interpreting the Contract shall be as listed herein.

.8 "Notification of Award" shall mean the notification by the Commission accepting the Proposal of a Proponent for the Work.

.9 "Proposal" shall mean the written offer of a Proponent to perform the Work.

.10 “Site” shall mean the actual place(s) designated by the Commission where the Work is to be carried out.

.11 "Subcontractor" shall mean the individual, firm, partnership or corporation having a direct contract with the Company to perform a part or parts of the Work.

.12 "Work" or "Works" shall mean the services or any part thereof, required by the Contract Documents. GC2 INTENT OF THE CONTRACT: The intent of the Contract is to provide for the performance and completion in every

detail of the Work described or implied by the Contract Documents. The Company shall perform the Work stipulated in the Contract and any or all Contract Changes, and shall furnish, unless otherwise provided in the Contract, everything necessary for the proper performance and completion of the Work. The Company shall not assign, transfer, convey, sell or otherwise dispose of the whole or any part of the Contract without the prior written consent of the Commission.

GC3 LAWS TO BE OBSERVED: The Contract shall be governed and interpreted in all aspects by the laws of Ontario. In

the performance of the Work, the Company shall observe and comply with the statutes and regulations of Canada and the Province of Ontario and with the by-laws of the Municipalities within which the Work is located, so far as



the said statutes, regulations and by-laws affect the Work or control or limit the actions of persons engaged in the Work.

GC4 TAXES AND DUTIES: The Contract price whether an upset limit or fixed fee shall be inclusive of all Canadian

federal taxes, including the Goods and Services Tax, applicable under the Excise Tax Act and all customs and duties under the Customs Act and all Ontario provincial taxes applicable under the Ontario Retail Sales Tax Act, either in force or announced prior to the Proposal closing date, even if the effective date is subsequent to the Proposal closing date. If a change in the tax or duty payable is announced subsequent to the Proposal closing date, any change in tax or duty payable will be to the account of the Commission. No additional costs for administration or overhead and profit will be allowed on such changes and the Company shall supply at no cost to the Commission, sufficient documentation to permit a determination of the resulting change.

GC5 INDEMNIFICATION: The Company shall hereby assume the defence of, fully indemnify and hold harmless the

Commission, the Commission's Representative, consultants, agents and employees, in respect of the amount of any claim, demand, loss, cost, expense (including reasonable legal expenses), action, suit, proceeding, liability, fine, penalty, interest, payment or damage (collectively referred to as “Claims”) by whomsoever (including, without limitation, the Commission) which is made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to any breach of the Contract by the Company, or to any wilful misconduct, fault, or negligent act or Commission of the Company or any person, agent, consultant, firm or corporation for whose acts the Company is liable at law. Further, the Company shall pay any amount of Claims incurred by the Commission on account of any injuries, including death or damages, received or sustained by any persons or property and if it fails to do so, the Commission may pay such Claims and deduct the amount thereof from any monies due, or to become due, to the Company, or otherwise recover such amounts or any balance thereof from the Company.

Notwithstanding anything to the contrary contained in the Contract, in no event shall either party be liable to the other party for any consequential damages, including, but not limited to, claims for loss of profit or reputation.

GC6 STAFF AND METHODS: The Company shall use the best available methods in performing the Work and shall

employ only skilled and competent staff thereon, who shall observe that degree of care and skill which is customary and usual for staff appointed in a similar capacity in performing work in a basis which is reasonably comparable to the work and will be under the supervision of a senior member of the company’s staff. The Company’s Representative shall be as specified to the Commission and the Company shall advise the Commission of any proposed replacement of personnel to be provided pursuant to this Contract and shall submit the proposed replacement personnel to the Commission's Representative for approval at least one week prior to such replacement.

GC7 REPORTING OF PROGRESS: If requested by the Commission's Representative, the Company shall provide an

update of the progress of the Work completed in a form agreeable to the Commission. GC8 CHANGES IN THE WORK AND CLAIMS: During the Contract, the Commission may make changes in the Work by

altering, adding to, or deducting from the Work without invalidating the Contract. No change in the Work is to be commenced without a Contract Amendment or written instruction from the Commission. In the event that the Company is requested to perform work that is, in its opinion, additional to that covered by the Contract, then the Company shall provide notice in writing of its intention to make a claim prior to proceeding and thereafter shall maintain records of such work to substantiate any claim for extra work for submission for consideration by the Commission. The Company's notice of claim shall set forth particulars of the claim, the probable extent of the work, the estimated monetary value involved and the relevant provisions of the Contract Documents. If this procedure is not followed and no notice is given, it will be deemed that payment is included in the Contract price and no additional payment or extension to the Contract duration shall be made. The Commission will not pay interest or financing on outstanding monies owed to Companies or Subcontractors as a result of changes or claims submitted.

GC9 CONFIDENTIAL DATA: Except as specifically required to perform the Work, the Company, its partners, directors,

employees, officers, agents and Subcontractors, shall not divulge or use elsewhere any information regarding the Commission and its operation acquired or discovered during the performance of the Work without the prior written consent of the Commission.



GC10 RESPONSIBILITY FOR PROVISION OF SERVICE: The responsibility for providing the service required by this Contract is that of the Company. The Commission shall bear no responsibility for Company Staff, and in particular there shall be no responsibility to hire, train, direct, discipline, take source deductions, pay or terminate, etc., such Company Staff. Such functions are the sole responsibility of the Company or its Subcontractors, as the case may be.

GC11 WORKERS’ RIGHTS: In accordance with the Ontario Human Rights Code, the Company shall not discriminate

against workers or applicants for employment as workers because of race, creed, colour, national origin, political or religious affiliation, gender, sexual orientation, age, marital status, record of offences, family relationship, or disability.

GC12 RECORDS AND AUDIT: The Commission may inspect and audit the books, payrolls, account and records of the

Company at any time as deemed necessary by the Commission prior to completion of the Work and thereafter for a period of two (2) years, to verify the Company's valuations of Contract Amendments, cancelled Work and claims, and the Company shall supply certified copies of the books, payrolls, accounts and any other records to the Commission or access to same as required by the Commission.

GC13 SEVERABILITY: Any condition, clause, section, subsection or other subdivision of the Contract or any other

provision of this Contract which is, or becomes, illegal, invalid or unenforceable, shall be severed from this Contract and be ineffective to the extent of such illegality, invalidity or unenforceability and shall not affect or impair the remaining provisions thereof.

GC14 SUSPENSION OR TERMINATION: The Commission may for cause or convenience, suspend or terminate further

performance of all or any portion of the Work at any stage of undertaking by notice in writing to the Company. On the date of receipt of such notice, the Company shall immediately discontinue the Work being performed by itself or its Subcontractors as instructed and shall preserve all Work in progress and completed Work. The Company will be reimbursed for that portion of the Work satisfactorily performed or completed to the date of such notice. The Commission shall not be liable for any other costs arising from such notice including but not limited to loss of anticipated profits or loss of opportunity.

GC15 TERMINATION FOR DEFAULT: .1 The Company shall be in default of the Contract and the Commission may terminate the Contract if the Company:

.1 Suspends the whole or any part of the Work without cause before completion. .2 Fails or refuses to proceed with the Work with due diligence or fails or refuses to maintain the Contract

schedule. .3 Ceases or threatens to ceases to carry on its business, or if there occurs, at any time, an act or event

of bankruptcy or insolvency of the Company (as defined or provided for in any applicable statute), or if any proceedings, voluntary or involuntary, by or against the Company under any statute or statutory provisions relating to bankruptcy, insolvency, liquidation, arrangement, re-organization or dissolution are commenced, or if the Company makes any proposal under the Bankruptcy Act or if the Company or the property or assets of the Company become subject to the Winding Up Act, or if any application is made with respect to the Company under the Companies’ Creditor Agreement Act or under similar legislation, or if any order shall be made or a resolution passed for the winding up, liquidator or similar official is appointed for the property or assets of the Company.

.4 Continually or fails to supply sufficient skilled workers, or Products of the proper quality or quantity.

.5 Fails to make payments promptly to supplies or Subcontractors for materials, Products and labour.

.6 Disregards or fails to comply with statues, regulations, by-laws or the instruction of the Commission’s Representative.

.7 Continually or repeatedly refuses or fails without cause to perform the Contract in strict accordance with the Contract Documents.

.2 In the event that the Company is in default of the Contract as outlined herein, the Commission’s Representative

may serve written notice upon the Company specifying the default and instructing the Company to remedy such default.



.3 If the default continues for four (4) calendar days after the date of serving the said notice of default, the Commission may serve upon the Company written notice of its intention to terminate the Contract.

.4 If the default continues for four (4) calendar days after the date of serving the said notice of intention to terminate

the Contract, the Commission, upon issuance of written notification from the Commission’s Representative that sufficient cause exists to justify such action and without prejudice to any other rights or remedies it has, may terminate the Contract.

.5 If the Commission is required to complete the Work, the Company shall nor be entitle to receive any further

payment until the Work is complete. If the unpaid balance of the Contract price exceeds the reasonable cost of completing the Work and any damages incurred by reason of the Company’s default, such excess shall be paid to the Company.

.6 If such reasonable cost of completing the Work including damages exceeds the Contract price, then the Company

shall be liable to the Commission for any additional cost in completing the Work.

END OF SECTION


Supplementary Conditions Request for Proposal – Service (March 2010) Page 1 of 12

INDEX:

NO. TITLE PAGE NO. SC1 SCOPE OF SUPPLEMENTARY CONDITIONS .............................. 1 SC2 INSURANCE REQUIREMENTS .................................................. 1 SC3 EVIDENCE OF INSURANCE ..................................................... 2 SC4 COMMENCEMENT OF THE WORK ........................................... 2 SC5 TERMS OF PAYMENT ............................................................. 2 SC6 SUBLETTING OR ASSIGNMENT OF THE CONTRACT ................. 2 SC7 PROPRIETARY RIGHTS ........................................................... 3 SC8 ADVERTISING AND PUBLIC RELATIONS .................................. 3 SC9 INVOICING AND CORRESPONDENCE ....................................... 3 SC10 CLAIMS ................................................................................ 4 SC11 REPORTS AND DOCUMENTS .................................................. 4 SC12 SETTLEMENT OF DISPUTES .................................................... 4 SC13 VALUATIONS OR CHANGES IN THE WORK .............................. 4 SC14 PROPERTY PASSES ............................................................... 4 SC15 NON-RESIDENT WITHHOLDING TAXES .................................... 4 SC16 HAZARDOUS MATERIALS ...................................................... 5 SC17 SELLING PRODUCTS TO TTC EMPLOYEES ............................... 5 SC18 TAXES AND DUTIES .............................................................. 5 SC19 PROTECTION OF THE WORK AND ADJACENT PROPERY ......... 5 SC20 INSPECTION OF THE WORK ................................................... 5 SC21 STAFF AND METHODS ......................................................... 6 SC22 SAFETY ............................................................................... 6 SC23 CONTRACT DOCUMENTS ORDER OF PRECEDENCE ................. 9 SC24 LANGUAGE OF THE CONTRACT ............................................ 9 SC25 LAWS TO BE OBSERVED ....................................................... 9 SC26 CODES AND STANDARDS ................................................... 10 SC27 ENVIRONMENTAL CONTROLS ............................................. 10 SC28 SPILLS ............................................................................... 10 SC29 PARKING............................................................................ 11 SC30 SUSPENSION OF THE WORK ............................................... 11 SC31 FORCE MAJURE ................................................................. 11 SC32 WORK BY OTHERS .............................................................. 12

SC1 SCOPE OF SUPPLEMENTARY CONDITIONS: The General Conditions shall apply to the Contract except as

amended in these Supplementary Conditions. SC2 INSURANCE REQUIREMENTS: During the term of the Contract, the Company shall maintain the following

insurance with insurance companies satisfactory to the Commission.

General Liability Insurance – Which shall include:

.1 Contractual liability coverage for liability assumed under GC5 INDEMNIFICATION .2 Contingent employer’s liability coverage, for any claims that might be brought against the Commission by

any employee of the Company.

.3 Company’s protective coverage for all subcontracted operations.

.4 Automobile Liability Insurance On motor vehicles both owned and non-owned by the Company engaged in operations under the Contract.

.5 Professional Liability Insurance Which shall include contractual liability coverage for liability assumed under GC5 – INDEMNIFICATION.



.6 Company’s Equipment Insurance

The Company’s plant, tools, tackle and other equipment shall be insured by the Company in a manner acceptable to the Commission.

.7 Environmental Impairment Liability Insurance .1 Bodily Injury; .2 Property Damage; .3 Interference with diminution of any environmental right or amenity protected by law; .4 Liability to clean up outside the premises of the Insured; arising out of any and all emissions,

discharges, dispersals, disposals, seepages, releases or escapes of any liquids, solids, gaseous, or thermal irritants into or upon the land, the atmosphere or any water course or body of water.

Such insurance shall provide a combined single limit of $1,000,000 for any one occurrence or accident for all claims arising out of bodily injuries including death and damage to property of others. Such liability insurance shall contain no exclusions in conflict with the character of the work required to be performed under the Contract.

SC3 EVIDENCE OF INSURANCE:

.1 Within ten (10) calendar days of request by the Commission, the Company shall provide the Commission with the following evidence of insurance on the Commission’s Forms .1 A certificate of General Liability Insurance .2 A certificate of Automobile Insurance .3 A certificate of Professional Liability Insurance .4 A certificate of Company’s Equipment Insurance .5 A certificate of Environmental Impairment Liability Insurance

.2 The evidence of the policy shall be endorsed with an undertaking from the insurance company that such insurance will not be cancelled or altered without thirty (30) days prior notice by registered mail to the TTC.

.3 Should the Commission be of the opinion that the insurance taken by the Company is inadequate in any

respect for any reason what so ever, it shall forthwith advise the Company of such opinion and the reasons therefore and the Company shall forthwith take out insurance of a character satisfactory to the Commission.

.4 The taking out of the insurance as aforesaid shall not relieve the Company of any of its obligations under

the Contract. SC4 COMMENCEMENT OF THE WORK: The Company may commence the Work upon Notification of Award issued by

the Commission. However, the Company shall not begin the Work on the Commission's property prior to providing acceptable evidence of insurance to the Commission, if such insurance is required.

SC5 TERMS OF PAYMENT:

.1 Once in each calendar month on or before the fourth day of the month, the Company shall submit in writing a detailed invoice for the value of the Work performed during the preceding month.

.2 Payments on account of the Company's services shall be made monthly within thirty (30) days following

receipt by the Commission of an acceptable invoice from the Company. In the event the thirty days falls on a weekend or public holiday, payment will be made the next business day thereafter.

SC6 SUBLETTING OR ASSIGNMENT OF THE CONTRACT: The Company shall not subcontract, assign, transfer,

convey, sell or otherwise dispose of the whole or any part of the Contract without the prior approve of the Commission's Representative. The Company agrees that it shall; incorporate the terms and conditions of the Contract Documents into all subcontract agreements, be as fully responsible to the Commission for the acts and omissions of its Subcontractors, agents, and persons directly or indirectly employed by it as for its own acts or



omissions. Further, nothing contained in the Contract Documents shall imply or create any contractual relationship between any Subcontractor and the Commission.

SC7 PROPRIETARY RIGHTS: If any design, device, process or material covered by the letters patent or trade mark,

copyright, industrial design, trade secrets or other forms of intellectual property, is provided by the Company under the Contract, the Company shall indemnify, defend and save the Commission harmless from any action or claim arising out of the infringement or alleged infringement of any valid or allegedly valid patent, trademark, copyright, industrial design, trade secret or other forms of intellectual property and shall indemnify the Commission for any cost, expense and damages which it may suffer or be obliged to pay by reason of such action or claim. The Company shall pay royalties and patent fees required for the performance of the Contract. Any drawings, documents, technical data, methods, processes, tooling, and inventions; whether conceived, or developed and produced during the course of the Contract specifically for the purpose of completing the Contract, shall be the property of the Commission, who shall have sole exclusive rights for subsequent use of same, except as may otherwise be granted by the Commission. Neither the Company nor its Subcontractors shall apply for any patent in regard thereto; or divulge, use or sell any information or thing related thereto, without the prior written consent of the Commission.

SC8 ADVERTISING AND PUBLIC RELATIONS: The Commission reserves the right to review and approve all public

relations materials and advertising related to the Contract prior to publication. The Company shall ensure that any material or advertising to be published is submitted in writing to the Commission's Representative for such approval. The Commission's Representative will provide a decision within twenty-one (21) calendar days of receiving such request for approval.

SC9 INVOICING AND CORRESPONDENCE: The invoices shall be in Canadian dollars and shall detail the following in a

form acceptable to the Commission:

.1 General: • The purchase order number; • Applicable Taxes (GST, PST) shall be shown separately on the invoice; • The Company’s GST registration number; • The work period covered by the invoice; • Separate charges for each Contract Amendment invoiced;

.2 Unit Price/Time and Expense Basis: for time and expense charges include the following:

• Company Staff names, unit price and billing rates (per approved Company staff list); • Hours worked (which can be supported by actual time sheets, if requested by the Commission’s

Representative); • Approved time sheets for specialist Subcontractor, if applicable, for any charges for time; • Labour rates, unit prices, or other rates; • Detailed cost breakdown; • Original receipts; • Evidence of prior approval of the Commission where applicable.

.3 Invoices in duplicate shall be submitted to:

Toronto Transit Commission Finance Department Accounts Payable Section 1900 Yonge Street Toronto, Ontario M4S 1Z2 Attention: Supervisor Accounts Payable



.4 All other communication, correspondence and submissions shall be directed to:

Toronto Transit Commission Department Name Section Name 1900 Yonge Street / 1138 Bathurst Street Toronto, Ontario M4S 1Z2 / M5R 3H2 Attention: As indicated on Purchase Order

SC10 CLAIMS: In the event that the Company is requested to perform work that is in its opinion, additional to that

covered by the Contract, it shall provide notice in writing prior to proceeding, thereafter substantiated claims for such work may be submitted for consideration by the Commission. The Commission will not pay interest or financing costs on outstanding monies owed to the Company on claims submitted.

SC11 REPORTS AND DOCUMENTS: Reports, research documentation, studies, testing, etc., prepared for the

Commission under this Contract shall become the property of the Commission and the Commission may use them at any time without further remuneration or consent.

SC12 SETTLEMENT OF DISPUTES:

.1 If a claim or another dispute arising between the Company and the Company cannot be resolved to the satisfaction of both parties then the parties may, between themselves, agree to submit the particular matter for arbitration in accordance with the provisions of the Arbitration Act of the Province of Ontario and amendments thereto.

.2 The Company shall complete the Work, in accordance with the written instruction of the Commission's

Representative, notwithstanding any dispute, arbitration or any legal action initiated by either or both of the parties.

.3 Arbitration proceedings shall not take place until the completion of the Work except in a case where the parties

agree that a matter in dispute is of such nature as to require immediate consideration while evidence is available. SC13 VALUATION OR CHANGES IN THE WORK:

.1 Changes which are to be performed on a unit price basis shall be calculated using the method of measurement and unit prices contained in the Contract Documents or using unit prices subsequently submitted which are acceptable to the Commission’s Representative. Changes, which are to be performed on a lump sum basis, shall be subject to negotiations between the Commission’s Representative and the Company.

SC14 PROPERTY PASSES: .1 One week prior to the commencement of Work on the site, the Company shall furnish the Commission’s

Representative with the names of employees to be engaged in the Work so that individual property passes may be issued.

.2 The Company shall ensure that all passes are returned to the Commission’s Representative upon Contract

completion and/or when the employee is no longer required on Site. SC15 NON-RESIDENT WITHHOLDING TAXES: .1 Certain payments to non-resident corporations or individuals may be subject to withholding taxes, under the

Income Tax Act. Non-residents can apply in advance to Revenue Canada, Taxation for a waiver of the withholding tax requirement. Unless the Company provides the Commission with such waiver, taxes will be withheld as determined under the Income Tax Act.



.2 If a Company wishes to apply for a waiver it should contact: Canada Customs and Revenue Agency Non Resident Withholding Tax Department 1 Front Street West Toronto, Ontario, Canada M5J 2X6 Attention: Collections Office (416) 954-0542 Apply for waiver under ‘Regulation 105, bracket 1’ on Non Resident Withholding Tax. SC16 HAZARDOUS MATERIALS: .1 The Company shall be responsible for ensuring that the provisions of the Workplace Hazardous Materials

Information System (WHMIS) legislation are fully adhered to by itself and by its Subcontractors with respect to, but not limited to; proper labelling of containers, availability of Materials Safety Data Sheets (MSDS) and provision of workers' education and training regarding any hazardous materials to be used on the Site for the duration of the Contract. The Company shall further be responsible for maintaining the appropriate data on Site, including all relevant MSDS's from itself and its Subcontractors.

SC17 SELLING PRODUCTS TO TTC EMPLOYEES: .1 If the Company sells any of its products to a TTC employee (or any other person who may be working on TTC

property) for their personal use, the Company is not permitted to deliver such products to the TTC employee at their work location or any other location within any of the TTC’s properties.

SC18 TAXES AND DUTIES The following supersedes GC4 – TAXES AND DUTIES in its entirety and any cross reference thereto: .1 Where an exemption or recovery of government sales tax, custom duties or excise taxes is applicable to the

Contract, the Company shall provide the Commission where required, with all necessary cost information including original invoices and assistance, at no cost, to facilitate such exemption or recovery of taxes and duties to the credit of the Commission.

.2 For purchases of material made after the HST is implemented, any cost savings that results to the Company as a

result of being able to claim the full HST amount as an input tax credit must be passed on to the Commission. The Company shall provide the Commission with detailed documentation, as requested by the Commission at any time, supporting: (1) adjustments to the prices to deduct the PST and add the HST and (2) calculations of the tax cost savings with respect to implementation of the HST on July 1, 2010.

SC 19 PROTECTION OF THE WORK AND ADJACENT PROPERY .1 The Company shall protect the Work, the Commission’s property, and any property adjacent to the Site from

damage which may arise as a result of its operations under the Contract and shall be liable for any damages which may be occasioned; and the Company shall be responsible for making good such damages at its expense in the manner directed by and to the satisfaction of the Commission’s Representative.

.2 The Company shall be solely responsible to provide for and bear the costs of preventative measures to accommodate the forces of nature, which can result in freezing, flooding, overheating, or similar circumstances, which occur until Contract Completion.

SC 20 INSPECTION OF THE WORK .1 The Commission’s Representative and his authorized representatives shall, at all times, have access to the Work.

If portions of the Work are in preparation at locations other than the Site, the Commission, the Commission’s Representative or their authorized agents or representatives shall be given access to such Work wherever it is in progress. Work to be done under the Contract shall be done to the satisfaction of the Commission’s



Representative who has the discretionary authority to reject Work which, in the Commission Representative’s opinion, does not conform to the requirements of the Contract Documents. Defects and deficiencies shall be corrected by the milestone date(s) or the Contract Completion date or as mutually agreed upon between the Commission’s Representative and the Company.

.2 If the Work is designated for special tests, inspection or approvals in the Contract Documents or by the

Commission Representative’s instructions or by the applicable statutes, regulations and by-laws, the Company shall give the Commission’s Representative timely notice regarding such inspections. Inspections by the Commission’s Representative will be made promptly. The Company shall arrange for inspections by other authorities and shall give the Commission’s Representative timely notice of such inspections.

.3 If the Company covers, or permits to be covered, Work that has been designated for special tests, inspections or

approvals before such special tests, inspections or approvals are made, given or completed, the Company shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed and make good such Work at its own expense.

.4 Any part or parts of the Work may be specially examined for compliance with the Contract Documents if so

ordered by the Commission’s Representative. If, upon examination, such Work is found not to be in accordance with the Contract Documents, the Company shall correct such Work and pay the cost of examination and correction. If such Work is found to be in accordance with the Contract Documents, the Commission will pay the cost of examination and reinstatement.

SC21 STAFF AND METHODS .1 The Company shall prepare the Work in accordance with sound industry practices in compliance with current

applicable federal, provincial and municipal regulations, statutes and codes. .2 The Commission reserves the right during the term of the Contract to request, either temporarily or permanently,

the replacement of any person employed by the Company or its Subcontractor to perform Work on this Contract. The Company shall immediately provide the name(s) and resume(s) of replacement personnel for approval by the Commission's Representative.

SC22 SAFETY .1 CONSTRUCTOR

1. For the purposes of the Contract, the term “Constructor”, as defined in the Occupational Health and Safety Act, shall mean the [Company/Commission] who shall be responsible for ensuring that the provisions of the statutes, regulations and by-laws pertaining to the duties, obligations and safe performance of the Work in accordance with the obligations of the “Constructor” as set out in the Occupational Health and Safety Act. The “Constructor” shall submit the Notice of Project.

2. Regardless of whether the Commission or the Company is deemed the “Constructor” pursuant to the Occupational Health and Safety Act, the Company’s representative shall be responsible for ensuring that the provisions of statutes, regulations and by-laws pertaining to the duties, obligations and safe performance of the Work are observed and that the methods of performing the Work do not endanger the personnel employed thereon and the general public, and are in accordance with the latest edition of the Occupational Health and Safety Act.

3. Prior to the Company’s representative being absent from the Site, the Company’s representative will name another person, in writing to the Commission’s Representative, who is competent to assume these responsibilities. The Company shall advise the Commission’s Representative of any change in the individual identified as the Company’s representative.

4. At the discretion of the Commission’s Representative, the “Constructor” designation may be transferred to/from a Company at any time at no additional cost to the Commission.

.2 COMPANY’S RESPONSIBILITIES

1. The Company’s representative shall ensure that: All measures and procedures prescribed by the following Acts and Regulations are carried out on Site;



a. The Occupational Health and Safety Act; b. Workplace Hazardous Materials Information System (WHMIS) Regulations; c. Workplace Safety And Insurance Board (WSIB) Regulations; d. Municipal By-Laws; e. The Environmental Protection Act and regulations; f. All other legislation, regulations and standards as applicable.

2. In addition to SC 22.2.1 above, the Company shall:

a. Provide and promote a safe Workplace, using safe equipment and materials; b. Inspect the Work place regularly; c. Thoroughly investigate and report all accidents and incidents including near misses and close calls to

the Company and Commission’s Representative; d. Establish and maintain a written safety program and site-specific plans addressing emergency

procedures, contact personnel, traffic control plan and a fall protection plan etc; e. Develop a Safe Work Method for all high risk/energy which varies from established Commission

procedures; f. Ensure suitable personal protective equipment is available, used and maintained g. Establish a procedure for visitors, guests, vendors and suppliers to be permitted on Site; h. Maintain a current WSIB clearance certificate on Site if needed; i. Ensure all Subcontractors have adequate safety programs and training for their personnel; j. The health and safety of workers, employees of the Commission and the general public are protected

in relation to the Work performed on the Site.

3. In the event the Commission’s Representative deems it necessary, because of the Work, the Company shall assign a “Competent Safety Person” to assist the Company’s Representative in discharging of safety responsibility, at no additional cost to the Commission. The Commission’s Representative reserves the right to review the qualifications of the selected “Competent Safety Person”.

4. The Company shall, at no cost to the Commission, participate in any “Incident Investigation” when required

by the Commission’s Representative in connection with the Commission’s “Incident Reporting Procedure”.

5. Failure to comply with the Occupational Health and Safety legislation, or procedures detailed in the Contractors Health and Safety program including site specific procedures and programs designed to prevent incidents may be caused for the issuance of a Stop Work order until the contravention has been corrected. All costs associated with said stoppage are the Company’s account. Claims for delay will not be entertained by the Commission’s Representative.

.3 CONTRACTOR SUPERVISOR RESPONSIBILITIES

.1 The following responsibilities apply to persons supervising subordinates including Subcontractors and their subordinates. .1 Comply with SC 22.2.1 and SC 22.2.2 above; .2 Inspect the Workplace daily; .3 Ensure pre-job instructions and regular safety talks are provided to Workers and maintain evidence of the

same; .4 Investigate and report all accidents, incidents, property damage to the Commission’s Representative /

Company; .5 Ensure maintenance of equipment is performed, and records, manuals and records of maintenance are

maintained on Site; .6 Immediately correct all unsafe acts or conditions. .7 Ensure the Employers safety policies, procedures and plans are followed by Workers; .8 Maintain all records and documentation on Site (related to safety); .9 Ensure competent supervision is provided and maintained for all Work areas and activities.

.3 JOINT HEALTH AND SAFETY COMMITTEE

The Company shall be responsible for the establishment and operation of the Joint Health and Safety Committee as required by the Occupational Health and Safety Act. The Commission’s Representative reserves the right to issue the Minutes of Meetings to the participants.



.4 DELIVERABLES .1 The Company shall deliver to the Commission’s Representative:

.1 The Company’s Occupational Health and Safety Policy;

.2 The Company’s program to implement the Occupational Health and Safety Policy for the Contract, which will effectively prevent and control accidents for the Contract;

.3 A copy of all communications with, and including all orders by, the Ministry of Labour or other occupational health and safety enforcement authority;

.4 A copy of all accident/injury investigation reports, not just the WCB Form 7. Each report must contain a statement of actions that will be taken to prevent a recurrence;

.5 A copy of all inspection reports made by the Company in compliance with the employer’s responsibility under the Occupational Health and Safety Act;

.6 A copy of all safety information pertaining to the Contract made and furnished by the Company’s own “Safety Personnel” or outside consultants/advisers engaged for the purpose of inspecting the workplace for occupational health and safety;

.7 A verification that all workers in the employ of the Company on Site, have had a WHMIS training or refresher course within the last twelve(12) months;

.8 A verification that all workers in the employ of the Company have had “Explosive Activated Tool Training” on the type of tools being used;

.9 A verification that the instruction manuals are on Site for all tools and equipment being used;

.10 A copy of the most recent workers compensation experience rating account, i.e. CAD-7, NEER, and/or an insurance carrier’s experience rating account;

.11 Statistical information for the purpose of determining injury frequency and severity rates (hours worked, first-aid injuries, medical aid injuries, lost time injuries, restricted workday injuries, near–miss accident/incident and significant occurrence data), in a timely manner as required by the Commission’s Representative;

.12 The immediate reporting to the Commission’s Representative of all instances that are defined in the Occupational Health and Safety Act as “Notices of Injuries” and “Occurrences” under Section 51, 52 and 53, and any occasion that a worker exercises their “Right to Refuse Unsafe Work”;

.13 A copy of the most recent WSIB experience rating and clearance certificate or an insurance carrier’s experience rating account information.

.2 The Commission’s Representative reserves the right to require additional or amended deliverables pertaining to safety during the duration of the work at no additional cost to the Commission.

.3 Items specified in 4.1.1 and 4.1.2 above shall be delivered to the Commission’s Representative prior to the

Company commencing Work on the Site. .5 DUE DILIGENCE

.1 The Company acknowledges that it has read and understands the measures and procedures relating to occupational health and safety as prescribed in 2.1 above. The Company acknowledges and understands its duties as therein set out and hereby expressly undertakes and agrees to comply with all such requirements and standards in their entirety and at the Company’s expense.

.2 The Company further agrees to fully cooperate with all health and safety requirements, rules, regulations,

standards and criteria set out in the Contract Documents, which agreement is in furtherance of the Company’s duties and responsibilities under occupational health and safety legislation.

.3 The Company agrees that if, in the opinion of the Commission, the health and safety of a person or persons is

endangered or the effective operation of the system put in place to ensure the health and safety of workers on the Site is not being implemented, the Commission may take such action as it deems necessary and appropriate in the circumstances, including, without limitation, the following:

.1 Require the Company to remedy the condition forthwith at its own expense;



.2 Require that the Site be shut down in whole or in part until such time as the condition has been remedied;

.3 Remedy the problem and the Commission shall back-charge the Company for the cost of such remedial work, together with an appropriate overhead factor as determined by the Commission in its sole discretion; and

.4 The Commission may terminate, at its discretion a portion of the requested Work without further liability in the event the Company fails to comply with these provisions.

.5 If a lien is registered, in respect to any monies held back, back-charged or assessed in accordance with these paragraphs, the Company shall consent to an order vacating such registration and shall indemnify the Commission for any and all loss, whereby direct or consequential which the Commission may sustain as a consequence of such registration.

.6 SITE SAFETY PERSONNEL

.1 In the event the Commission’s Representative deems it necessary, because of the Work, the Company shall assign a “Competent Safety Person” as defined in the Occupational Health and Safety Act to assist the Company’s representative in the discharging of safety responsibility, at no additional cost to the Commission.

.7 FALL PROTECTION SYSTEMS

.1 Before any use of a fall arrest system by the Company’s employees, the Company shall ensure that they have prepared written procedures for rescuing an employee. The rescue plan shall be site specific and must be developed in accordance with each facility’s operating protocols. The Company shall submit their rescue plans to the Commission Representative. The Company shall ensure that any of their workers who may use a fall protection system are adequately trained in its use and given adequate oral and written instructions by a competent person. A record of such training shall be maintained by the Company, and forwarded to the Commission Representative promptly, if requested. The Company shall also ensure that its employees conduct Personal Protective Equipment inspections prior to using the PPE and any defective components encountered during the inspection shall be immediately removed from service.

SC23 CONTRACT DOCUMENTS ORDER OF PRECEDENCE

.1 The documents constituting the Contract Documents are complementary to each other and any matter or thing included in any such documents, shall be considered to be included in all.

.2 The meaning and intent of the Contract Documents shall be interpreted in accordance with the following

order of precedence:

.1 Contract Amendments;

.2 Purchase Order;

.3 Supplementary Conditions;

.4 General Conditions;

.5 Terms of Reference;

.6 The Company's Proposal. Documents of a later date shall govern over like documents.

SC24 LANGUAGE OF THE CONTRACT Communication between the Company and the Commission shall be in the English language and said

communication shall include but not be limited to all documents and submissions required under the Contract.

SC25 LAWS TO BE OBSERVED

.1 Wherever a statute, regulation, by-law, standard, code or document or any part thereof is quoted in the Contract Documents, it shall be deemed to refer to the latest amendment or revision in effect on the date of the closing of Proposals and shall be a part of the Contract as if it had been written in full herein.



.2 The Contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario and any action or proceeding brought by the Company to interpret or enforce the Contract shall be commenced in the Courts of Ontario and not elsewhere.

SC26 CODES AND STANDARDS

.1 The Company must be familiar with and maintain all lifting devices according to the latest version of the

Ontario Regulation 213/91 (Construction Projects) and R.R.O. 1990, Regulation 851. .2 Throughout the Specifications, references are made to codes and standards to establish minimum

acceptable standards of materials and performance for the Work. .3 Perform the Work in accordance with the latest published edition(s) as stated in SC 27.1.. .4 Provide products and labour which meet or exceed the specified codes or standards. Codes .1 Execute the Work in accordance with the applicable codes, laws and regulations of Codes and statutory

regulations pertinent to the Work. .2 The Company shall be familiar with and follow these Acts and Regulations:

• The Ontario Occupational Health and Safety Act; • Ontario Regulation 213/81 and R.R.O 1990, Regulation 851 • WHMIS Regulations; • The Ontario Environmental Protection Act and Regulations; • The Ontario Employment Standards Act.

.3 In the event of conflict of the above regulations, execute the Work in accordance with the requirements of the authority having jurisdiction.

SC27 ENVIRONMENTAL CONTROLS The Company shall be fully familiar and comply with all applicable environmental acts, regulations and municipal by-laws for environmental requirements amended from time to time which include without being limited to: Ontario Legislation .1 Environmental Protection Act (EPA). .2 Technical Standards and Safety Act (TSSA). .3 Occupational Health and Safety Act (OHSA).

SC28 SPILLS A spill is defined in the Ontario Environmental Protection Act (EPA) as a discharge “into the natural environment, from or out of a structure, vehicle or other container, that is abnormal in quality or quantity in light of all the circumstances of the discharge”. The Company is solely responsible and liable for clean up, reporting, repairs, removal, damages and associated costs, and any other actions arising from a spill. .1 The Commission provides a “Spill Response Kit” at various work locations which are identified by signage. These

kits are for use by any site personnel, including but not limited to Company’s and Commission Representatives. .2 Immediately communicate the details to the Commission’s Representative. Report on the type of spill, the

quantity of the material spilled, the exact location of the spill and whether or not the contaminant has entered any drain or if the spill has occurred on unpaved ground. Advise if any contaminant has entered a sewer line, floor drain or affected any ground which is not paved.

.3 Contain the spill in a safe manner.

.4 Proceed to clean up the spill in accordance with the applicable regulations as stated above in SC28 – Environmental Controls.

.5 Ensure immediate availability of products with which to affect temporary repair to broken pipelines and other services so spill or other emission of pollutant is immediately controlled and stopped and to mitigate damages.



SC29 PARKING No cars or trucks shall be parked on the Commission’s property without the approval of the Commission’s

Representative. The Commission shall not be held responsible for damage that may occur to any vehicle operated upon or parked upon Commission property.

SC30 SUSPENSION OF THE WORK

.1 When, in the Commission Representative's opinion, it is necessary or desirable to suspend the Work, the Commission’s Representative will issue a written notice to the Company directing the Company to discontinue or delay the Work. The Company shall not resume the Work until so directed by the Commission’s Representative in writing.

.2 The Company, upon receiving notice of suspension, shall suspend all operations, except those necessary

for the safety and protection of personnel and the public and for the care, preservation and protection of the Work, the Site, Products, tools, construction materials, machinery and equipment and subject to any directions in the notice of suspension, the Company shall discontinue ordering Products, materials, facilities and supplies required for the Work.

.3 If the Work is suspended, the Company shall forthwith take all necessary measures for the protection of

the Work against damage from rain, snow, frost, ice or other causes and shall so maintain the Work and shall be fully responsible for any failure in this connection.

.4 During the period of suspension, the Company shall not remove from the Site any part of the Work,

Products, construction materials and machinery, equipment or tools without the written permission of the Commission’s Representative.

SC31 FORCE MAJURE

.1 If the Company is delayed in the performance of the Work by acts of God, or public enemies, acts of governments, or foreign states, or fires, floods, epidemics, quarantine restrictions, strikes, lockouts or organizations of workers, or embargoes by transportation companies or public authorities, or by riots, insurrections, wars, pestilence, lightning, earthquakes, cyclones, or by other causes which the Commission’s Representative determines to be wholly beyond the control of the parties, then an extension of time to any affected milestones, substantial performance or contract completion, which the Commission’s Representative determines is reasonably necessary, may be granted. The Company shall not be entitled to any additional compensation on account thereof. Precipitation, cold and hot weather, unseasonable or otherwise, will not be considered force majeure.

.2 If the Company is delayed in the performance of the Work by a stop work order issued by a court or other public authority and provided that such order was not issued as a result of any act or fault of the Company or the Commission, then the delay shall be treated as a force majeure with an extension of time, as the Commission’s Representative may determine that the Work has been delayed.

.3 No extension of time shall be granted unless the Company, within fourteen (14) calendar days after the delay is discovered, submits to the Commission’s Representative in writing its notice of claim for extension of time.

.4 The notice of claim shall state the nature of delay, its causes, the portions of the Work affected thereby and the date when they become so affected.

.5 If the Commission’s Representative is satisfied that the delay occurred, that it resulted in cessation or delaying of the Work, and that it resulted from one or more of the causes described herein, the Commission’s Representative shall, at the termination of the period of delay, issue a Contract Amendment stating the number of days by which milestones, substantial performance and/or contract completion shall be extended by reason of that delay.



SC32 WORK BY OTHERS

.1 The Commission may award contracts and/or Work Assignments to other Companies and/or do work with its own forces during the progress of the Work. The Company will cooperate with the other Companies and the Commission in conducting the Work required to complete the Work Assignments in a timely and efficient manner.

.2 The Company shall coordinate its activities to minimize interference with the work of other Companies and the Commission’s own forces, and no payments for claimed extra costs will be allowed to the Company on this account. In cases of conflict between the sequence of Work to be performed by the various parties, the decision of the Commission will be final.

END OF SECTION


Terms of Reference Request for Proposal – Service (March 2010) Page 1 of 4

INDEX:

1 INTRODUCTION

The Commission owns a variety of boom and scissor lifts obtained from various manufacturers. These lifts are used on a daily basis by TTC forces. Under the Occupational Health & Safety Act, inspection and certification of Lifting Devices is mandatory. The Commission must ensure that the equipment it owns is routinely inspected for the safety of its workers. Inspection and certification of Lifting Devices is an Occupational Health & Safety Act Requirement. Inspections are based on the manufacturer’s requirements for each piece of machinery. (see attached Appendix C – Toronto Transit Commission’s Equipment Inventory List)

2 LOCATION OF WORK

The Work is located at various TTC locations within the Commission properties in the Greater Toronto Area. The Commission’s Representative will provide the location of its equipment to the Company during the pre-construction meeting. As relocation of equipment may be required by different departments, the Commission’s Representative will inform the Company by email prior to any relocation.

3 SCOPE OF WORK

The Work under this Contract includes but is not limited to the following: .1 Inspections, preventative and corrective maintenance, repairs which include all parts and labour, and transportation of

various self-propelled elevating devices as per attached Appendix C for a period of up to three (3) years. All maintenance work to be in accordance with manufacturers recommended guidelines and applicable legislative and safety rules, practices and procedures. All Work must be performed in a manner to minimize disruption to the Commissions operations.

.2 On an as required basis, the Company will be required to provide for the supply, delivery and rental of Scissor Lift

equipment at any location within the Commission’s Properties. .3 The Company shall provide one (1) representative to act as a Contract Administrator for the entire duration of the

Contract. .4 The Company shall provide the Commission with a copy of its Environmental Policy, as required by the Environmental

Protection Act, and a program for implementing its policy, prior to commencement of any Work. .5 The Company shall be responsible to repair and restore any part of any structure or property damaged while performing

Work associated with this Contract. .6 The Company shall be responsible and liable for, without being limited to, all clean-up, reporting repairs, removal,

damage and associated costs, and other actions arising from spills. .7 The Work under this Contract includes but is not limited to the following:

NO. TITLE PAGE NO.

1 INTRODUCTION .................................................................... 1 2 LOCATION OF WORK ............................................................ 1 3 SCOPE OF WORK .................................................................. 1 4 TERM OF CONTRACT ............................................................ 3 5 SCHEDULE REQUIREMENTS ................................................... 3 6 HOURS OF WORK ................................................................. 3 7 COMMISSION SERVICES ........................................................ 3 8 MEETING .............................................................................. 4

9 EXTERNAL WORK ................................................................. 4



.1 MAINTENANCE:

Provide an outline of a preventative and corrective maintenance program that is consistent with manufacturers’ recommendations and applicable legislative and safety guidelines. This program will include as a minimum:

• Monthly inspections and maintenance of all equipments listed in Appendix C1 and Appendix C2. Monthly inspection to be completed as per Appendix B-1 (Monthly Maintenance);

• Annual inspection and maintenance of all equipments listed in Appendix C1 and Appendix C2. Annual inspection to be completed as per Appendix B-2 (Annual Maintenance);

• Operating, service and other maintenance manuals are to be consulted for specific information regarding inspections procedures and criteria;

• A maintenance service report shall be completed for all maintenance and repair work, detailing equipment identification information, work performed, parts and material used, any discrepancies or unacceptable equipment operating for each unit;

• Supply and maintain a logbook stored on each unit to record all maintenance work performed including date and time work performed. A copy of the updated logbook(s) for each unit shall be kept with each machine. A copy of the logbook(s) shall be submitted to the Commission’s Representative on a monthly basis with invoices; and

• A schedule of all planned maintenance work.

The Company shall be required to provide to the Commission’s Representative a schedule detailing hourly labour rates for normal work hours and premium rates that may apply for corrective maintenance work. A quotation for any additional repair or maintenance work not included in Appendices B-1 and B-2 must be submitted and approved by the Commission’s Representative prior to performing the required corrective maintenance work. Prior to the completion of any corrective maintenance work, the Company shall contact the Commission’s Representative and describe the Work required. The corrective maintenance work shall not proceed until written approval is received from the Commission’s Representative. If the corrective maintenance work is determined to be covered under the “original warranty”, the Commission reserves the right to arrange for the Company holding the original warranty to complete the Work. The Company may be required to surrender all major parts and components replaced during the life of the Contract when requested by the Commission’s Representative. Failure to do so may result in non-payment for the Work performed. The Company must be able to provide a minimum three (3) hour on-site response time for all corrective maintenance calls from receipt of notification by the Commission’s Representative.

.2 TRANSPORTATION:

All persons engaged in the transportation of elevating devices must be properly trained and qualified to operate elevating devices. The Company will be responsible for the complete loading and unloading of the elevating device for transportation purposes. The Company must be able to provide a minimum three (3) hour on-site response time for all corrective maintenance calls from receipt of notification by the Commission’s Representative.

.3 NON-DESTRUCTIVE TEST:

Non-destructive test shall be carried out in the following cases:

• After an incident that could affect the structural integrity or stability of the aerial lifts such as electrical contact, shock loads, fall arrest, collision, overloading, or losses of stability.



• The structural inspection is to be carried out under the direction of a professional engineer provided by the Company. As part of the inspection, all welds and other critical areas are to be inspected by visual and / or non-destructive testing are to be qualified to CGSB standard 48-9712.

4 TERM OF THE CONTRACT

The term of the contract shall be for up to a three (3) year period to commence upon notification of award.

5 SCHEDULE REQUIREMENTS The Company shall provide to the Commission’s Representative a two (2) year proposed schedule that indicates the dates that the Company will be on site for the monthly and annual inspections and maintenance within seven (7) days of notification of award. If the Company is unable to perform the Work on the scheduled date, sufficient notice of the change must be provided to the Commission’s Representative.

6 HOURS OF WORK Work associated with this Contract may be located at various Commissions properties within the Greater Toronto Area, during normal business hours of 7:00 am to 3:30 pm, Monday to Friday. Approval must be obtained from the Commission’s Representative for any Work performed outside of these times. The Company shall be responsible for locating equipment with instructions from a Commission’s Representative, and completing the required service. The Company must co-ordinate scheduling and method of Work with the Commission’s Representative to avoid unnecessary interference to TTC operations.

7 COMMISSION SERVICES

The Commission shall provide the following services to the Company as required: .1 Access to the property including mainline, yard and storage tracks along with property permits. .2 Training for Subway/SRT Rule Book certification. .3 Access to staff to assist and enable planning and organization of the Work. .4 Direction and review from time to time during the currency of the Contract. .5 Commission’s Representative for each machine. .6 Lings to Manufacturers’ Owners Manuals (if required). Any services provided by the Company from information supplied by the Commission, will be undertaken on the basis that it is the best information available, however, the Company shall immediately notify the Commission in writing of any condition or information known or discovered by the Company which conflicts with the information supplied by the Commission. In any event, the Company shall not be liable for any loss or damage arising from any inaccuracy in such information. This does not alter or modify in any manner the Company’s liability for negligence, as detailed under General Conditions - GC5 INDEMNIFICATION.

8 MEETINGS

The Commission’s Representative may arrange and chair a POST-AWARD meeting. The Company shall be represented by senior field staff. Topics for discussion include methods and means by which full co-operation and co-ordination of all participants can be achieved during the duration of the Contract. The Commission’s Representative will prepare meeting minutes and distribute copies to all relevant parties.



9 EXTERNAL WORK

The Commission reserves the right to have the Work done by other sources in the event that the Company is unable to perform the Work in accordance to the Terms & Conditions of the Contract. Any increase in cost incurred by the Commission will be charged back to the Company.

END OF SECTION

Appendix B‐1 MONTHLY MAINTENANCE

ARMS AND CHASSIS 1. Wheel rim nuts torqued properly; tires for proper inflation, damage & wear. 2. Steer, drive and axles components secure and undamaged. 3. Fluid levels correct, hydraulic tank, engine oil, hubs, coolant and batteries. 4. Grease and lube per Service Manual. 5. Hydraulic and air filters clean. 6. Fuel and hydraulic tank caps tight and vents open. 7. Exhaust and hydraulic system free of leaks. 8. Hood doors open and latch properly. 9. Attach pins, wear pads and attaching hardware secure and undamaged. 10. Pump(s) and motor(s) secure, undamaged and free of leaks. 11. Hydraulic lines and electrical cables secure and undamaged. No leakage. 12. Engine idle, throttle and RPM is set properly. 13. Cylinders for leaks and damage. 14. Cylinder pins, pivot pins and attaching hardware secure and undamaged. 15. Arm safety props operational. PLATFORM 1. Platform rails installed and secure; chains and bars installed and latch properly. 2. Load capacity markings installed and legible. 3. Platform extension and components secure and undamaged.

GENERAL 1. Instruction and safety placards installed and legible. 2. All electrical connections tight, no corrosion and abrasions. 3. Condition of control enclosure and protective boots. 4. General structural condition including welds. 5. Paint and overall appearance. 6. No unauthorized modifications. 7. Is annual inspection due? 8. Relevant Field Service Bulletins and Field Service Changes incorporated. 9. Operating and Safety Manual, Safety Handbook and ANSI Responsibilities Manual with machine. FUNCTIONAL 1. Control levers, switches, gauges and instruments operate properly, including options (horn, lights, etc.). 2. Enable switch operates properly (disables functions within 3 seconds). 3. Emergency stop switch operates properly (shuts off controls and engines). 4. Machine functions operate properly at both ground and platform controls (lift, manual descent, etc.). 5. Auxiliary power system operates properly. 6. Drive and operate unit to test all systems. 7. Brakes operate properly (Drive). 8. Outrigger/stabilizers operate properly. 9. All functions and speed cutest operate properly.

Appendix B‐2 ANNUAL MAINTENANCE

ALL LIFTS 1. Instruction and safety placards installed and legible. 2. Controls properly placarded and legible. 3. Capacity placards and diagrams installed and legible. 4. Tire pressure correct. 5. Wheel lug nuts torqued properly. 6. Shields securely fastened. 7. Horn and lights operate properly. 8. All electrical connections tight and insulated properly. 9. All nuts, bolts, pins, shafts, bearings, wear pads, locking devices, chains and sprockets (or sheaves) for proper insulation, tightness, excessive wear, cracks or distortion.10. Piping and hosing tight, free of leaks, distortion and abrasion. 11. All fluid levels correct (oil, coolant and lube). 12. Grease and lube per maintenance manual. 13. Fuel cap tight and vents open. 14. Hydraulic oil filters clean. 15. Engine idle and max RPM is set properly. 16. All functions and controls operate properly. 17. Hydraulic pump operates properly. 18. Control valves operate properly. 19. Drive brakes operate properly on maximum rated grade. 20. Steering system operates properly. 21. Drive motors and hubs operate properly. 22. Foot switch operates properly. If applicable (shuts off function control power and hydraulics. Also shuts engine off early models). 23. Instruments and switches operate properly. 24. Engine oil filter free of leaks. 25. All hydraulic components free of leaks. 26. Exhaust system tight and free of leaks. 27. All safety pins installed properly. 28. All access doors and latches operate properly, all guards in place. 29. All safety valves operate properly. 30. Emergency stop operates properly, shuts off controls and engines. 31. Ground controls override platform controls. 32. Manual descent system operates properly. 33. All optional features operate properly. 34. Axle lockout valve operates properly (if applicable). 35. Towing hubs operate properly. 36. Operation and safety handbook in storage compartment. 37. Operation, safety, service and maintenance manual installed. 38. No unauthorized modifications. 39. General structural condition including welds. 40. Relevant field service bulletins and field service changes incorporated/implemented. 41. Switches and controls sealed properly. 42. Condition of control sealed properly. 43. Record inspection date on “important” decal.

Appendix B‐2 ANNUAL MAINTENANCE (continued)

ALL LIFTS 44. Drive and operate unit to test all systems. BOOM LIFTS ONLY 1. Platform installed and fastened properly. 2. Platform door latches properly. 3. Boom elevation switch set properly (high engine drive cutout). 4. Check auxiliary control functions (telescope in‐lift boom‐and‐swing right and left). 5. Electrical collector ring secured and undamaged (if applicable). 6. Capacity indicator system legible and functions properly (if applicable). 7. Axles and interlocks work properly (if applicable). 8. Outriggers and interlock works properly (if applicable). 9. Swing brake operates properly. 10. Torque swing bearing bolts. PLATFORMS LIFTS ONLY 1. Platform rail pins installed properly. 2. Platform door chains and bars installed and latch properly. 3. Platform elevation switch set properly (high drive switch). 4. Platform elevation switch set properly (drive cutout if applicable). 5. Outriggers/stabilizers operate properly (if applicable). 6. Auxiliary control functions (lift down) operate properly. 7. Capacity indicator light works properly (if applicable). 8. Drive cuts out when axle oscillates (if applicable). 9. Arm safety props operational.

TORONTO TRANSIT COMMISSIONAPPENDIX C1 - MASTER LIST 1

ITEM NO TTC TAG # MODEL # SERIAL # MANUFACTURER

1 K400 GS3232 GS3209A-94631 Genie

2 # K347 GS1930 GS009B-98325 Genie

3 # 23 GS2632 95203 Genie

4 # 21 GS2632 50431 Genie

5 # 22 GS2632 84305 Genie

6 # 24 Z-30/20N 1729 Genie

7 # 4 Z34 - 22N Z34N-2763 GENIE - Narrow Boom

8 TTC K386 Z34/22N K386(3753) GENIE - Narrow Boom

9 TTC K387 Z34/22N K387(3997) GENIE - Narrow Boom

10 # E310 Z34 - 22N Z34N-3340 GENIE – Narrow Boom

11 # K330 Z-30/20 N 230N06-8126 Genie Boom

12 # 45-1 AWP-25S-DC AWPC04-28572 GENIE Super Series





17 # 17 M4069LE 2221200196 JLG Industries Inc.

18 # 18 M4069LE 200118851 JLG Industries Inc.

19 TTC #217 2646E 217(0200031196) JLG Industries Inc.

20 TTC #218 2646E 218(0200029357) JLG Industries Inc.

21 #2632 95203 N/A JLG Industries Inc.

22 # 26 20DVL 130006201 JLG Industries Inc.




26 # 25 20MVL 130016190 JLG Industries Inc.

27 # K331 3246 ES 200151219 JLG Industries Inc.

28 # K332 20 DVL 130007915 JLG Industries Inc.

29 # 6 2548 7000197 MEC

30 # 9 2548 7000470 MEC

31 # 8 2548 7000349 MEC

32 # 14 / E304 2647ES 9900558 MEC

33 # E601 SJIII 4626 710735 SKYJACK

34 # E305 SJIII4626 708760 SKYJACK

35 # 19 SJIII3219 22032054 SKYJACK

36 # 095-48 SJ4620 66761 SKYJACK

37 # 20 SJIII3219 22032054 SKYJACK

38 K348 SJIII4626 70005643 SKYJACK

39 # E306 SJIII4626 708759 SKYJACK

40 # E602 SJIII-4626 710737 SKYJACK

41 # 15 SJ1113226 28954 SKYJACK

42 # 16 X26N 17833 UPRIGHT

43 # 11 4533 66100-000 UPRIGHT

44 # 13 16156 1026-0210 UPRIGHT

45 # 7 2546 FN84058 WILDCAT 3000

NOTE:

1. TTC TAG # is a unique identifier that is used by the Commission for each equipment. Proponent is to note this number in addition to the Purchase Order on all invoices during the duration of the Contract. 1 OF 1

TORONTO TRANSIT COMMISSIONAPPENDIX C2 - MASTER LIST 2

ITEM NO TTC TAG # MODEL # SERIAL # MANUFACTURER

1 E-213 V1832 3688-1461 Genie

2 E-216 Z230-20HD 02822 Genie

3 E-302 Z34-22 02445 Genie

4 E-303 Z34-22 02446 Genie

5 E-313 GS-1930 47400 Genie

6 E-314 GS-1930 47393 Genie

7 K-340 GS-1530 78206 Genie

8 K-341 Z30/20-N 7900 Genie

9 K-342 Z45-25JRT 34112 Genie

10 K-403 GS-1930 GS3011A-103787 Genie

11 K-343 GS-1930 90742 Genie

12 K-384 Z30/20M 230N06-8463 Genie

13 K-385 Z34/22N Z34N06-6178 Genie

14 K-386 Z34/22N Z34N-3753 Genie

15 K-387 Z34/22N Z34N-3997 Genie

16 119 Z34/22 Z34N-8-8119 Genie

17 K-349 Z45-25 Z45 256 054 038919 Genie

18 K-347 Z30/20N 230N09-12054 Genie

19 721-1 20MSP 1300013158 JLG Industries Inc.

20 721-2 20MSP 1300013163 JLG Industries Inc.

21 E-217 2646E 0200031196 JLG Industries Inc.

22 E-218 2646E 0200029359 JLG Industries Inc.

23 E-311 AJPE300 0300051797 JLG Industries Inc.

24 K-345 20MSP 1300012702 JLG Industries Inc.

25 K-380 JLG-20DVL 0130007651 JLG Industries Inc.

26 K-381 JLD-20DVL 0130006769 JLG Industries Inc.

27 K-382 JLG-AM24 10879 JLG Industries Inc.

28 K-383 JLG-AM24 10860 JLG Industries Inc.

29 E-211 2548HT 7100201 MEC

30 E-212 2548HT 7100323 MEC

NOTE:

1. TTC TAG # is a unique identifier that is used by the Commission for each equipment. Proponent is to note this number in addition to the Purchase Order on all invoices during the duration of the Contract.

1 OF 1

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