RFP 9117-17-7100 - Viewing Copy.pdf - City of Toronto

Michael Pacholok Director

Purchasing and Materials Management Division City Hall,18th Floor, West Tower 100 Queen Street West Toronto, Ontario M5H 2N2

Joanne Kehoe, Manager Professional Services

December 19, 2017

NOTICE TO POTENTIAL PROPONENTS Request for Proposal No. 9117-17-7100

For: Design/Build/Execute Cleaning of the Island Water Treatment Plant's Deep Water Intakes Two-Envelope System

Please review the attached document and submit your Proposal to the address noted below by the closing deadline of 12:00 noon (local Toronto time) on January 24, 2018 Proposals will not be considered unless: Received by the date and time specified above; and Received at the address specified below. Submission by facsimile or e-mail is not acceptable. Only the names of the firms submitting Proposals will be read aloud at the public opening on the date of closing. Information and/or site meeting requirements:

Required: (yes/no) Yes Attendance Requirement:

(mandatory/voluntary) Voluntary

Date and Time: January 10, 2018 at 9:30 AM Location: Island Water Treatment Plant - Please see section 1.5 for more details

Deadline for Questions (must be in writing):

January 15, 2018

City Contact: Patricia Vasquez, Senior Corporate Buyer

Purchasing and Materials Management Division (Tel) 416-392-6808 (Email) [email protected]

For convenience you may affix the following address label to the envelope(s) containing your submission.

--------------------------------------------- ----------------------------------- COMPANY NAME:

RFP NO.: 9117-17-7100 CLOSING DEADLINE: 12:00 Noon

(local Toronto time)January 24, 2018

DELIVER TO: Chief Purchasing Official Purchasing and Materials Management Division 18th Floor, West Tower, City Hall 100 Queen Street West Toronto, ON, M5H 2N2

The Purchasing and Materials Management Division will not be held responsible for submission documents submitted in envelope(s) that are not labelled in accordance with the above instructions.

Tenders/RFQ/RFP/Sales/Disposals are advertised on the City of Toronto Website: www.toronto.ca/purchasing

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Island WTP – Deep Water Intake Cleaning City of Toronto RFP No. 9117-17-7100

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Table of Contents

GENERAL INFORMATION ................................................................................. 1

REFERENCES TO LABELLED PROVISIONS .................................................... 1 DEFINITIONS ...................................................................................................... 1 INTERPRETATION .............................................................................................. 3 PROPOSAL PROCESS ....................................................................................... 3 MANDATORY SITE INFORMATION MEETING .................................................. 3 SOCIAL PROCUREMENT ................................................................................... 4

SCOPE OF WORK .............................................................................................. 5

FACILITY BACKGROUND ................................................................................... 5 SCOPE DESCRIPTION ....................................................................................... 5 CONSTRUCTION SEQUENCING AND CONSTRAINTS .................................... 8 PROJECT PERFORMANCE REQUIREMENTS .................................................. 9 ALTERNATIVES SUGGESTED BY PROPONENT ........................................... 12

PROPOSAL SUBMISSION ............................................................................... 13

SUBMISSION OVERVIEW ................................................................................ 13 PROPOSAL DOCUMENTATION ....................................................................... 13 PROPOSAL DELIVERY ..................................................................................... 15 TECHNICAL PROPOSAL CONTENT ................................................................ 15

PROPOSAL EVALUATION AND SELECTION ................................................ 20

SELECTION COMMITTEE ................................................................................ 20 SELECTION CRITERIA ..................................................................................... 20 SELECTION PROCESS .................................................................................... 21 CLARIFICATIONS ............................................................................................. 21 INTERVIEW ....................................................................................................... 22 EVALUATION RESULTS ................................................................................... 22 NEGOTIATIONS AND AGREEMENTS ............................................................. 22 DESIGN-BUILD AGREEMENT/ PURCHASE ORDERS .................................... 23 INSURANCE ..................................................................................................... 23

COST OF SERVICES ........................................................................................ 25

COST OF SERVICES DOCUMENTATION AND DELIVERY ............................. 25 COST OF SERVICES SUBMISSION CONTENT – GENERAL .......................... 25 BASE SCOPE OF WORK .................................................................................. 25 ALTERNATIVES SUGGESTED BY PROPONENT ........................................... 26 PAYMENTS FROM COST OF SERVICES PROPOSAL .................................... 27 PAYMENTS FOR CONTINGENCY ALLOWANCE ............................................ 27 CURRENCY ....................................................................................................... 27 TAXES ............................................................................................................... 27

CITY RESPONSIBILITIES ................................................................................ 28

GENERAL .......................................................................................................... 28 PERMITS ........................................................................................................... 28

REFERENCES .................................................................................................. 29

CURRENT STUDIES AND DESIGN AND CONSTRUCTION PROJECTS ........ 29

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CITY REFERENCE DOCUMENTS AND STANDARDS .................................... 29 VENDOR PERFORMANCE EVALUATION ....................................................... 30

APPENDICES .................................................................................................... 31

APPENDIX A – STANDARD PROJECT SCOPE REQUIREMENTS

A.1 General Requirements A.2 Health and Safety (including Designated Substances) A.3 Approvals A.4 Drawings and Standards – N/A A.5 Class EA – N/A A.6 Studies – N/A A.7 Pre-Design – N/A A.8 Detailed Design – N/A A.9 Construction and Commissioning (including Inspection Reports) – N/A A.10 Post Construction and Warranty – N/A A.11 Electrical Standards – N/A A.12 Process Control System (PCS) – N/A A.13 Work Management System (WMS) Entity Information Worksheet (EIW) – N/A A.14 Energy Management Plan (EMP) – N/A

APPENDIX B – RFP TERMS AND CONDITIONS

APPENDIX C – STANDARD SUBMISSION FORMS

APPENDIX D – GENERAL AND SUPPLEMENTARY CONDITIONS OF CONTRACT

APPENDIX E – SPECIFIC CONDITIONS OF CONTRACT

APPENDIX F – BID BOND FORM

APPENDIX G – CITY OF TORONTO SAFE WORKING PROCEDURES AND POLICIES

APPENDIX H – PROJECT REFERENCE MATERIAL AND DRAWINGS H.1 Intake Drawings (please see the attachment) H.2 Designated Substances Report (to be issued as part of Addenda) H.3 Key Plan (please see the attachment)

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ECS Version 1.0 – January 2017

GENERAL INFORMATION

REFERENCES TO LABELLED PROVISIONS

1.1.1 Each reference in this Request for Proposal to a numbered or lettered “section”, ”subsection“, “paragraph, “subparagraph”, “clause” or “sub clause” shall, unless otherwise expressly indicated, be taken as a reference to the correspondingly labelled provision of this Request for Proposal (RFP).

DEFINITIONS Throughout this Request for Proposal, unless inconsistent with the subject matter or context:

1.2.1 “Addenda” or “Addendum” means a document containing additional information and/or changes to the Tender Call issued by the City prior to the Closing Date.

1.2.2 "Affiliated Person" means everyone related to the Proponent including, but not limited to employees, agents, representatives, organizations, bodies corporate, societies, companies, firms, partnerships, associations of persons, parent companies, and subsidiaries, whether partly or wholly-owned, as well as individuals, and directors, if:

A. Directly or indirectly either one controls or has the power to control the other,

or

B. A third party has the power to control both.

1.2.3 "Agencies and Corporations" refer to bodies and organizations that have a direct reporting or funding relationship with the City of Toronto or Council. The list of current organization name and contact of agencies and corporations to be considered under this RFP is available from the following page on the City's website www.toronto.ca/abcc

1.2.4 “Agreement” means any written contract between the City and a Proponent, or any Purchase Order issued by the City to the Vendor, with respect to any Services contemplated by this RFP, and shall be deemed to include the terms and conditions for the provision of Services as set out in this RFP.

1.2.5 “Chief Purchasing Official” means the person holding the position of Director of Purchasing and Materials Management whose responsibility it is to supervise and carry out the procurement function on behalf of the City and includes her/his designate.

1.2.6 “City” means the City of Toronto.

1.2.7 "Conflict of Interest" ” includes, but is not limited to, any situation or circumstance where:

a. in relation to the RFP process, the Proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having or having access to information in the preparation of its Proposal that is confidential to the City and not available to other Proponents; (ii) communicating with any person with a view to influencing preferred treatment in the RFP process including the giving of a benefit of any kind, by or on behalf of the Proponent to anyone employed by, or otherwise connected with, the City ; or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the open and competitive RFP process and render that process non-competitive and unfair; or

b. in relation to the performance of its contractual obligations in the City contract, the Vendor’s other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations;

1.2.8 “Contract” means the agreement duly executed by the Successful Proponent and the City with respect to the Design Services and Work contemplated by this RFP, and shall be deemed to include all terms and conditions set out in this RFP;

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1.2.9 “Council” means City Council.

1.2.10 "Diverse Supplier" means any business or enterprise that is certified by a Supplier Certification Organization to be:

a. More than 51% (majority) owned, managed and controlled by persons belonging to an equity-seeking community; or

b. A social purpose enterprise whose primary purpose is to create social, environmental or cultural value and impact, and where more than 50% of the persons who are fulltime equivalent employees or are participating in, or have completed, transitional employment training, experience economic disadvantage.

1.2.11 "Executive Director" means the Executive Director of Engineering and Construction Services Division

1.2.12 "Equity-seeking Community" is a group that experiences discrimination or barriers to equal opportunity, including women, Aboriginal People, persons with disabilities, newcomers/new immigrants, LGBTQ+ people, visible minorities/racialized people, and other groups the City identifies as historically underrepresented.

1.2.13 “HST” means Harmonized Sales Tax.

1.2.14 “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act.

1.2.15 “must”, “shall” and “will” used in this RFP denote imperative (mandatory), meaning Proposals not satisfying imperative (mandatory) requirements will be deemed to be noncompliant and will not be considered for contract award.

1.2.16 “may” and “should” used in this RFP denote permissive (not mandatory).

1.2.17 “Project Manager” means main contact person at the City for all matters relating to the project.

1.2.18 “Proponent” means a legal entity, being a person, partnership or firm that submits a Proposal in response to a formal Request for Proposal. If two or more legal entities wish to submit a Proposal as a consortium, one member of the consortium must be identified as the Proponent with whom the City may enter into an Agreement, and the other member(s) must be identified as subcontractors to that Proponent.

1.2.19 "Pig" or "Swab" in this contract means the tool that is pushed through a water intake pipe to scrape debris off of the interior walls.

1.2.20 "Pig Launcher" means the device used to launch a Pig through an intake.

1.2.21 "Pigging" or "Swabbing" means the act of cleaning an intake by passing a Pig through an intake using a Pig launcher.

1.2.22 "Pigging Procedure" refers to the detailed Pigging procedure the Vendor submits to the City as a deliverable of this Contract.

1.2.23 "Pigging Execution" means the Vendor's execution of the submitted Pigging Procedure as a part of this Contract.

1.2.24 “Proposal” means an offer submitted by a Proponent in response to a formal Request for Proposal (RFP), which includes all of the documentation necessary to satisfy the submission requirements of the RFP.

1.2.25 “RFP” means this Request for Proposal package in its entirety, inclusive of all Appendices and any bulletins or Addenda that may be issued by the City.

1.2.26 "Scope of Work" is synonymous with the "Owner's Statement of Requirements", which refers to Section 2 of the RFP and Appendix A, as described in this Contract.

1.2.27 “Services” means all services and deliverables to be provided by a Vendor as described in this RFP.

1.2.28 “Solution” means a set of goods and services meeting the City’s requirements, as set out in this RFP.

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1.2.29 “Subcontractor” means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Vendor or Design-Builder.

1.2.30 "Supplier Code of Conduct" means business ethical standards contained in Article 13 Chapter 195, Purchasing, of the Toronto Municipal Code.

1.2.31 "Vendor" or "Design-Builder" means the person with whom the City enters into an Agreement.

1.2.32 "Workforce Development" means a relatively wide range of activities, policies and programs to create, sustain and retain a viable workforce that can support current and future business and industry. It is an approach that integrates career exploration, industry–driven education and training, employment, and career advancement strategies, facilitated by the collaboration between employers, training and education institutions, government, and communities.

INTERPRETATION

1.3.1 In this RFP and in the Agreement, unless the context otherwise necessitates:

a. any reference to an officer or representative of the City shall be construed to mean the person holding that office from time to time, and the designate or deputy of that person, and shall be deemed to include a reference to any person holding a successor office or the designate or deputy of that person;

b. a reference to any Act, bylaw, rule or regulation or to a provision thereof shall be deemed to include a reference to any Act, bylaw, rule or regulation or provision enacted in substitution thereof or amendment thereof;

c. all amounts are expressed in Canadian dollars and are to be secured and payable in Canadian dollars;

d. all references to time shall be deemed to be references to current time in the City;

e. a word importing only the masculine, feminine or neutral gender includes members of the other genders; and a word defined in or importing the singular number has the same meaning when used in the plural number, and vice versa;

f. any words and abbreviations which have well-known professional, technical or trade meanings, are used in accordance with such recognized meanings;

g. all accounting terms have the meaning recognized by or ascribed to those terms by the Canadian Institute of Chartered Accountants; and

h. all index and reference numbers in the RFP or any related City document are given for the convenience of Proponents and such must be taken only as a general guide to the items referred to. It must not be assumed that such numbering is the only reference to each item. The documents as a whole must be fully read in detail for each item.

PROPOSAL PROCESS

1.4.1 The process is governed by the terms and conditions in Appendix “B”.

OPTIONALSITE INFORMATION MEETING

1.5.1 An optional site meeting will be held on January 10, 2018 at 9:30 am at the Island Water Treatment Plant to familiarize themselves with the project and ascertain the full extent of the work required.

1.5.2 Proponents must purchase their own ferry tickets and take the 9:00 AM Ferry to Ward's Island. City Staff will arrange transportation to and from the Island Ferry dock to the plant. Attendees are responsible for cost of and obtaining ferry tickets prior to boarding ferry.

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1.5.3 Individuals attending must provide and wear their own hard hats, safety boots (minimum CSA green patch) and reflective vests.

1.5.4 Individuals attending the meeting must sign in at the meeting and clearly indicate on the sign in sheet the name of the firm they are representing.

SOCIAL PROCUREMENT

1.6.1 The goal of the City of Toronto Social Procurement Program is to drive inclusive economic growth in Toronto by improving access to the City's supply chain for diverse suppliers and leverage employment, apprenticeship and training opportunities for people experiencing economic disadvantage, including those from equity-seeking communities. The City of Toronto expects its Bidders to embrace and support the City of Toronto Social Procurement Program and its respective goals. Social procurement creates social value for the City in addition to the delivery of efficient goods, services, and works. The City of Toronto Social Procurement Program consists of two components: Supplier Diversity and Workforce Development.

1.6.2 Supplier Diversity

a. The goal of supplier diversity is to increase the diversity of the City's supply chain by providing diverse suppliers with equitable access to competitive procurement processes.

b. In accordance with Section 1.3.2 of the City of Toronto Social Procurement Policy, points will be assigned to Proponents that submit information as part of their proposal that will improve supplier diversity in the City's supply chain. See section 3.4, Technical Proposal Content for more information.

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SCOPE OF WORK

FACILITY BACKGROUND

2.1.1 The Island Water Treatment Plant (WTP) is one of four (4) water treatment plants operated by the City of Toronto's Toronto Water division. The plant is located at 446 Lakeshore Avenue on the Toronto Island and is accessible via ferry. It is operated year round (24 hours per day, 365 days per year).

2.1.2 The Island WTP is a direct filtration plant that commenced operation in 1977. It provides deep lake cooling water to a district cooling system, owned and operated by a private utility named Enwave Energy Corporation (Enwave), and accordingly has to maintain minimum flows to service Enwave. The average daily production is 240 MLD with a maximum capacity of 410 MLD. The process consists of deep water intake, pre-chlorination, raw water pumping, coagulation and flocculation, phosphoric acid (application point 1), filtration, backwash, clearwell, chlorination, fluoridation, phosphoric acid (application point 2), reservoir, ammoniation, dechlorination, and treated water distribution to mainland Toronto.

2.1.3 The three (3) High Density Polyethylene (HDPE) deep water intake pipes are each 1.6 m in diameter. The east, center and west intakes are 5,266 m, 5,051 m and 5,079 m in length, respectively. The mouth of each intake is located approximately 83 m below the lake level. The three intakes converge to a common Concrete Pressure Pipe that is 2,250 mm in diameter, diverting raw water from the lake into the Raw Water Pumping Station's Suction Well. Detailed drawings of the three intakes can be found in Appendix H.

2.1.4 The successful Proponent must ensure that the Island Water Treatment Plant, a functional and vital water treatment facility for the City of Toronto and the only plant able to supply Enwave's Deep Lake Water Cooling system year round, remains in operation at all times. The Vendor will be required to coordinate with plant staff to meet operational constraints.

SCOPE DESCRIPTION

2.2.1 The following section is intended to provide the Proponent with an understanding of the specific parts of the project as developed by the City. Items not specifically listed, but required to provide fully functioning systems and to meet the intent of the City, are deemed to be included in the scope of work set out in this Statement of Requirements.

a. Project Objective

In 2014, ASI Group, under contract to Galcon Marine Ltd. completed an internal inspection of the three intake pipes using a Remotely Operated Vehicle (ROV). The ROV was launched from the Intake Valve Chamber located on the south shore of the lake, towards the mouth of the intakes. The results showed Quagga mussel coverage along the length of the pipeline and was generally heaviest towards the mouth of the intakes. The performance of the raw water pumping station and hydraulic capacity of the Island WTP has been found to be impacted due to the heavy mussel coverage in the intakes. For this reason, the City is embarking on a comprehensive project to clean the three deep water intakes at the Island WTP using Pigging and Swabbing techniques.

To achieve the above objective, the scope of work for this project includes the following services; described more fully herein.

a) Design and fabricate Pig launcher, inclusive of all temporary structural supports b) Develop, document and provide intake Pigging process design and procedure c) Obtain necessary regulatory permits and approvals d) ROV inspection of each intake before Pigging e) Pigging Execution for three deep water intakes, including salvaging the used Pigs f) Manual cleaning of the Raw Water Suction Well and the common 2,250 mm CPP g) Other miscellaneous tasks as defined in the RFP.

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b. Project Schedule

The Proponent must recognize that due to Plant operational constraints, and the greater risk of performing marine operations in the winter, the only window in which the Pigging Execution may proceed is from October 15, 2018 to December 14, 2018. The City's intent is to complete the Pigging during this time frame, however, if the Proponent considers this to be not feasible, then they should clearly identify this in the Proposal. The manual cleaning of the common inlet pipe and Raw Water Suction well is to be completed during the 2019 Winter Shutdown (between approximately Feb 1, 2019 to Feb 28, 2019, depending on the City’s water supply demands and competing projects at the City’s other WTPs). Within the Proposal, the Proponent should identify a timeline that they are committed to accomplishing. The date of substantial performance is expected to be March 31, 2019.

c. Scope of work for the project includes the following elements:

Launcher Design and Fabrication:

a) The Intake Valve Chamber's size and configuration is a constraint in the design of the launcher. Drawings of the existing valve chamber can be found in Appendix H.

b) Each intake pipe has an existing wye intersection that can be accessed via individual access hatches located on top of the Intake Valve Chamber. The wye intersection shall be used as the launching point for the Pigs, and the launcher shall be designed to fit this arrangement without any modifications to the intakes or the chamber.

c) All three (3) wye intersections have the same diameter and bolt pattern for the flange. It may be possible that one (1) single launcher be supplied and/or built for use with all three intake pipes, however this shall be confirmed by the Proponent through drawing review and onsite verification.

d) Consider durability and long term use when selecting material and components during design. City's expectation is to use this equipment for future cleaning, and hence, the equipment must be designed for reliability and longevity. The Pig launcher shall be designed and constructed for periodic use for the next 30 years.

e) Flow and pressure requirements for the Pigging process should be taken into account in the design of the Pig launcher.

f) Pig launcher shall be pressure tested to the latest ASTM/AWWA standards. g) The launcher design, along with any temporary external support system, must be

stamped by a licensed professional engineer from the province of Ontario and submitted to the City prior to fabrication.

h) Provide As-built drawings for the launcher to the City after fabrication within four (4) weeks of completing the post-cleaning testing.

Pig Design and Pigging Procedure Requirements:

a) The progressive poly-pigging process is to be used for cleaning each intake. The Vendor shall review existing intake drawings and account for slight variations in the pipe's inside diameter when selecting the size and type of Pigs to be used for the cleaning process.

b) Vendor shall include provision of twelve (12) Pigs and the labour and materials required for three (3) Pig passes per intake, for a total of nine (9) passes. Each pass shall use a single new Pig. The remaining three Pigs (the "Reserve Pigs") shall be retained by the City. A provisional allowance is included in Table 5-2 for the labour and materials required for one (1) additional pass per intake (for a total of three passes) using the Reserve Pigs, if authorized at the sole discretion of the City.

c) The Pigs shall be pushed through the intake pipes by the flow of water behind them; starting at the intake chamber and moving out towards the lake.

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d) Pigs shall be equipped with a tracking device and rope loops at both ends. The loop at the dished end of the Pig would be used for loading the Pig into the Pig launcher and the rounded end of the Pig would be used for towing or retrieving the Pig back to the shoreline.

e) The Vendor shall submit a detailed Pigging Procedure as a deliverable. The Pigging Procedure shall include the following at a minimum: 1. Approach taken in selecting the Pigs for the cleaning process 2. Recommended Pig sizes and densities, showing calculations 3. Description of methodology, including but not limited to:

i. Construction staging and sequencing ii. Emergency procedures for unlikely but predictable risks (e.g. Pig getting stuck) iii. Launcher Setup Requirements including temporary supports iv. Pigging steps including flow and pressure requirements and set-up of driving

water pressure with temporary piping layout v. Pig Retrieval process and mussel disposal strategies vi. Video inspection at the mouth of the intake during Pigging for various passes

Pigging Procedure Execution:

a) Obtain all necessary approvals and permits prior to undertaking the Work for compliance with all codes and standards, including, but not limited to, any applicable requirements of the Toronto Regional Conservation Authority (TRCA), Ministry of Environment and Climate Change (MOECC), Ministry of Natural Resources and Forestry (MNRF), Fisheries and Oceans Canada (DFO), the Ontario Water Resources Act (OWRA), and Transport Canada (TC).

b) In particular, unless an alternative method is proposed by the Vendor, and accepted by the City, water shall be used push the Pigs through the intake. Water used for this purpose is to be taken from the lake. As such, the Vendor will need to obtain a Permit to Take Water from the Ministry of the Environmental and Climate Change (MOECC).

c) Before Pigging Execution may begin, the Vendor shall submit to the City a detailed tentative schedule of expected dates of the Pigging activities, so that the City may coordinate with other stakeholders, including but not limited to Enwave.

d) Upon review of the tentative Pigging schedule with the City and before initiating the Pigging process for each intake, the Vendor shall perform Remote Operated Vehicle (ROV) inspections of the entire intake length from the intake chamber to the mouth of the intake.

e) The Vendor shall execute the previously prepared Pigging Procedure in its entirety, including retrieval and disposal of all used Pigs.

f) The City shall provide 120V power supply for the Vendor's use. For all other power requirements (greater than 120V), the Vendor shall be responsible for providing all electrical power to complete the work using portable standby generators. The Vendor shall meet The Noise Bylaw (Chapter 591, City of Toronto Municipal Code).

g) The Vendor shall cordon off the construction area from access by the general public, while being mindful that the existing roadway needs to be maintained as an open channel for through traffic at all times.

h) The inlet of the intakes at the bottom of the lake shall be video-taped by the Vendor for three (3) passes during the Pigging Operation, when the Pig is exiting the intake, to observe the debris extracted and the overall effectiveness of the operation. The City shall decide which passes shall be video-taped at the time of Pigging, however the City's intent is to have one (1) pass of each intake videotaped, for a total of three (3) films displaying the Pig exiting the inlet of the intake. If the video recording can be live-streamed for viewing on shore during the event, this would be preferred.

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i) The City will perform a flow test immediately after the third pass of each intake and will then decide if the fourth provisional pass is necessary. The City needs 48 hours to perform the flow test and the Vendor shall include the 48-hour flow test window in the proposed schedule.

j) Upon completion of the execution of the Pigging Procedure (including the retrieval of all Pigs) and City's final flow test, the Vendor shall disassemble the launcher, temporary structural supports and any other spare parts for transport to a Toronto Island storage location determined by the City.

k) The Vendor shall update the Pigging procedure once the Pigging work is completed, such that the City may use the Pigging Procedure as the basis for future Pigging operations which is expected to take place every 5-10 years. The updates to the procedure shall include any issues encountered, lessons learned, and whether there was any variance from the procedure during the actual Work.

Raw Water Suction Well and Common Inlet Pipe Cleaning

a) The Vendor shall manually clean the Raw Water Suction Well and the 2,250 mm C.P.P. combined section during annual winter shutdown between February 1 – February 28 of the year following the Pigging Execution.

b) The Vendor is to remove twenty (20) m3 of mussels and miscellaneous debris from the Raw Water Suction Well and Common Inlet Pipe. If there is additional debris to be removed, the City may, at its discretion, access the provisional allowance for removal and disposal of the excess amount.

c) The Vendor shall dispose of the removed mussels off-site in environmentally responsible manner.

CONSTRUCTION SEQUENCING AND CONSTRAINTS

a. The Vendor must conduct the Pigging Execution in stages to accommodate the City’s continued use of the existing water treatment plant and all associated processes and equipment during construction as described in this section. At no time will a complete interruption of water supply be allowed without express written approval from the City.

b. In order to meet operational constraints, a minimum of two intakes at all times must be in operation. The Vendor shall complete cleaning of each intake and ensure each intake meets City performance requirements as per Section 3.4 before the cleaning of a subsequent intake can begin.

c. Vendor must coordinate construction sequencing with the Plant to ensure priority is given to the minimum overall plant treatment and production requirements. Plant operations is paramount and take priority over construction tasks in order to maintain and operate the water facility. All reasonable efforts will be made to accommodate the Vendor’s construction schedule.

d. The Vendor's construction sequence shall conform with the requirements of the RFP. The constraints identified in the RFP, including but not limited to the following items, must be incorporated into the project schedule:

a) Pigging Execution can only be conducted during an eight (8) week window between October 15, 2018 and December 14, 2018.

b) Only one (1) intake can be cleaned at any given time. The remaining two (2) intakes are to remain in service for the entire duration.

c) Vendor must provide the City with a six (6) Week shutdown notice per intake. A sample of the Shutdown Notice form is provided in Appendix H. City will review and provide feedback to the Vendor within two (2) weeks.

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d) Each Intake can be shut down for a total duration of one (1) week. If Pre- Pigging ROV inspection, launcher set-up (per intake), Pigging Execution, and Post-Pigging ROV inspection is not feasible to complete within this time frame, the Proponent must specify the time required per intake in their proposal.

e) The Vendor must allow for 48 hours after the third pass of each intake, for the City to perform a flow test.

f) Manual Cleaning of the Raw Water Suction Well and 2,250 mm C.P.P common header can only be conducted during a complete Plant shutdown. This is to be completed by the Vendor during the Winter Shutdown of 2019 between February 1, 2019 and February 28, 2019.

g) The Required Sequence of Operations, as described in 2.4.2, is a constraint in the Pigging Procedure design and must be taken into consideration at the time of bidding. Variations to Required Sequence of Operations can only be made with City approval.

h) Substantial Performance is defined as the improvement to be made under this Contract which shall be considered ready for use when all three (3) intakes as well as the Raw Water Suction Well and Common Inlet Pipe have been cleaned to the satisfaction of the City and ready for their intended use in accordance with the Owner's statement of Requirements. Substantial Performance is anticipated to be March 31, 2019.

e. Construction equipment which could damage the intakes is prohibited inside the chamber.

PROJECT PERFORMANCE REQUIREMENTS

a. The Hazen-Williams C-factor will be measured to assess the effectiveness of the Pigging operation. The Vendor must design their Pigs and Pigging procedure to meet these targets. The City's intent is to have the friction factor "C" restored to at least 90% of the original value at the time of commissioning. The following formula will form the basis of the performance requirement.

90%

2018

2004

b. The three intakes will be referenced throughout the project based on their relative location to each other. Indicated by East, Mid and West below, the average C factor was determined for each intake as commissioned in 2004.

, 132.3

, 137.8

, 138.6

c. The 2018 targets for the C factor of each intake are then calculated below. The resulting values are the targets that the Vendor is required to meet after the Pigging operation is complete.

, 132.3 0.90 .

, 137.8 0.90 .

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, 138.6 0.90 .

d. The Vendor shall be prudent in choosing the appropriate Pig sizes and densities to meet the above targets. The City's flow tests will produce data which will then be used to determine the resulting C factors for each intake for comparison with the target values.

2.4.2 Required Sequence of Operations for Pigging Operation

a. The following is the Sequence of Operations which the City requires Proponents to assume for the preparation of their Proposal. The Sequence of Operations is provided as an aid for the Proponents to visualize the process and bid on the same premise of work. By no means is the Sequence of Operations an all-encompassing procedure of the Work required of the Vendor. It is intended as a statement of general sequence, not as a comprehensive or exhaustive list of project requirements. Note: City may at any point request that the Vendor video-tape the inlet of up to three (3) intakes during the Pigging operation, to capture footage of Pig exiting the intake as described in Section 2.2.c.3.h.

b. It is the Vendor's responsibility to ensure that all aspects of the scope are incorporated into the Pigging Procedure and all other Work and deliverables. The City reserves the right to not proceed with any items marked as Provisional under the Sequence of Operations, and the Vendor may not proceed with Provisional Work without written permission from the City.

For each intake:

a) City performs pre-cleaning flow test b) Vendor performs pre-cleaning ROV inspection c) Vendor commences Pigging with Pig 1 d) Vendor proceeds with Pig 2 e) Vendor proceeds with Pig 3 f) City performs flow test:

1. If C2018 ≥ (0.90) x C2004, proceed to next intake until all intakes are complete. 2. If C2018 < (0.90) x C2004:

i. Vendor proceeds with Pig 4 (Provisional) ii. City performs flow test:

1. If C2018 ≥ (0.90) x C2004, proceed to next intake until all intakes are complete.

2. If C2018 < (0.90) x C2004: a. Vendor proceeds with post-cleaning ROV inspection

(Provisional)

Repeat the above procedure for all three intakes. If the Proponent wishes to suggest alternatives they should propose them in accordance with Section 6.4 of this RFP.

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2.4.3 Project Deliverables

a. Table 2-1 includes a summary of major project deliverables that the Vendor must provide. The Proponent should note that other deliverables may also be required, as specified in the RFP.

b. The City will provide written comments to each submission. The Vendor shall respond to each comment, in writing, indicating clearly how the comment has been addressed / incorporated, whether more information is required, or provide reasons why the comment has not been incorporated. Comment and revision shall continue until the City is satisfied with the Submission in question.

c. The Vendor shall provide a detailed price and schedule breakdown for billing purposes within 2 weeks of order to commence work in both electronic (native software format) and portable document format (PDF). City is to provide a sample prior to contract order to commence. Breakdown is to be based on major work items and provide adequate detail to monitor project basis. Mobilization and demobilization costs will be based on a prorated schedule based on overall timeline. A maximum of 2.5% of the total contract value is allowed for these services.

d. All soft-copies are to be provided in both native (CADD, MS Word, etc.) and pdf formats.

Table 2-1 Major Project Deliverables

Submission Number of Soft

Copies

Number of Hard

Copies

Design/Build

Detailed Price Breakdown with accompanied Detailed

Schedule Breakdown for billing purposes 1/ each 0

Design drawings for launcher and temporary support system

(Draft and Final versions) 1 1

Pigging Procedure (Draft and Final versions) 1 1

Tentative schedule for Pigging Execution 1 0

Post Pigging Execution

Updated Pigging Procedure 1 2

As-Built drawings of launcher and temporary support system 1 1

e. The Vendor shall take digital photographs of the intake valve chamber before Pigging Procedure execution. The City will review the digital photographs and will compare the state of the intake valve chamber after Pigging Execution to its original condition for final inspection purposes. The Vendor is responsible to restore the intake valve chamber to its original condition, including repairing damage, defects and maintaining cleanliness. The digital photographs taken before Pigging Execution should be clearly dated and labelled on a CD (compact disc). Photos to include building and facility egress, storage areas, and public access ways.

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ALTERNATIVES SUGGESTED BY PROPONENT

2.5.1 The City is interested in innovative solutions and will consider alternative approaches in the execution of the project.

2.5.2 Alternatives presented by the Proponent, but not specifically requested by the City, will be evaluated in accordance with Section 3.4.12.

2.5.3 Any alternative proposed must be of sufficient detail to allow the City to understand the merit(s) of the alternative and benefit(s) to the City. The City reserves the right to accept or reject any alternative and is under no obligation to consider any alternative.

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PROPOSAL SUBMISSION

SUBMISSION OVERVIEW

3.1.1 The City has formulated the procedures set out in this RFP to ensure that it receives Proposals through an open, competitive process, and that Proponents receive fair and equitable treatment in the solicitation, receipt and evaluation of their Proposals. The City may reject the Proposal of any Proponent who fails to comply with any such procedures.

3.1.2 Proposals are expected to address the RFP content requirements as outlined herein. The Proposals should be well ordered, detailed and comprehensive. Clarity of language, adherence to suggested outline, and adequate accessible documentation is essential to the City’s ability to conduct a thorough evaluation. General marketing and promotional material will not be reviewed or considered.

3.1.3 The City prefers that the assumptions used by a Proponent in preparing its Proposal are kept at a minimum and to the extent possible, that Proponents will ask for clarification prior to the deadline for Proponent questions rather than make assumptions. Proponents should also review sections 3 to 6 of Appendix B with respect to asking questions about the RFP. Where a Proponent's assumptions are inconsistent with information provided in the RFP, or so extensive that the total Proposal cost is qualified, such Proponent risks disqualification by the City in the City's sole discretion.

PROPOSAL DOCUMENTATION

3.2.1 The documentation for each Proposal:

a. Must be submitted in a sealed envelope or container (submissions made by fax, telephone, or electronic message will not be accepted) displaying a full and correct return address;

b. Must consist of one (1) original (clearly marked as such on its first page) and preferably five (5) full copies and one (1) pdf version of:

a) A Main Proposal Document as described in Section 3.4 , including all attachments and appendices as required (Mandatory);

b) Form 1 (Proposal Submission Form) completed and signed by an authorized official of the Proponent. This includes the acknowledgement of all addenda received as per Appendix C (Mandatory); and

c. The Cost of Services Proposal must be submitted separately in a sealed envelope, as part of the two-envelope process. Refer to Section 5 regarding the Cost of Services Proposal. Inclusion of pricing information in the Technical Proposal will render the Proposal submission non-compliant.

d. Bid Bond The Proponent shall submit with their Proposal a Bid Bond in the amount of 10% of quoted total fee in the Cost of Services Envelope to provide a Performance Bond and a Labour and Material Bond for the due and proper performance of the work, each in the amount of 50% of the contract amount. The Bonds will be issued by a licensed surety company authorized to transact business in the Province of Ontario and shall be maintained in good standing until the fulfilment of the contract. The bonds shall be in accordance with the City's standard form attached to this document.

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Failure of a Proponent to submit a fully completed Bid Bond in the form enclosed in Appendix D of the RFP in the Cost of Services Envelope shall result in the Proposal being rejected and declared non-compliant. Should the Proponent fail or refuse to execute the Agreement within ten (10) working days after being requested by the City, it will be considered that the Proponent has abandoned all rights and interests in the award and the City will call on the Bid Bond.

e. Must not include:

a) Any qualifying or restricting statements. b) Exceptions to the terms and conditions of the RFP that have not been approved

through addendum; or c) Additional terms or conditions.

f. Must be completed in a non-erasable medium and signed in ink.

g. Proponents must have attended the mandatory site information meeting as per Section 1.5.

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PROPOSAL DELIVERY

3.3.1 Must be delivered no later than the Closing Deadline to:

Chief Purchasing Official

Purchasing and Materials Management Division

18th Floor, West Tower, City Hall

TORONTO, ON, M5H 2N2

3.3.2 Delays caused by any delivery service (including Canada Post and courier) shall not be grounds for an extension of the Deadline, and Proposals that arrive after the Deadline will not be accepted.

TECHNICAL PROPOSAL CONTENT The Technical Proposal should contain the following items.

3.4.1 Title Page

a. Showing RFP number, closing date and time, Proponent's name, address, email address and telephone number.

3.4.2 Letter of Introduction

a. Introducing the Proponent and signed by the person(s) authorized to bind the Proponent to statements made in the Proposal. The letter should be signed by the person signing the submission forms. Provide details for a contact person who will act as the Proponent’s representative for post-submission communications.

3.4.3 Table of Contents

a. Include page numbers, identifying all submitted materials.

3.4.4 Format

a. Subsections 1 through 7 should be limited to 16 pages (8.5" by 11"), minimum 11 point font, single sided (or preferably printed on 8 pages double sided), with unlimited appendices.

3.4.5 Subsection 1 – Executive Summary

a. Summary of the key features of the Proposal.

3.4.6 Subsection 2 – Proponent's Profile & Corporate Experience

a. Overview of the Proponent firm(s), its history, and its future plans. Include a list of present or pending assignments, if any.

b. Proponents should have staff, organization, and an installed base adequate to ensure their ongoing ability to deliver and support the project over the period of the assignment.

c. To be evaluated fully as a viable and sound enterprise, the Proponent should include the following information, and if the submission is a joint Proposal, for each consortium member. Please note that Proposals being presented by consortiums that do not include the information requested for each consortium member, will not be awarded full marks during evaluation.

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d. If the Proposal is being presented by a consortium, provide a description of the relationships between consortium members.

e. A profile and summary of corporate history including:

a) Date company started b) Products and/or services offered c) Total number of employees d) Major clients e) A profile and summary of corporate history of any subsidiaries and affiliates and the

nature of the Proponent’s relationship to them (i.e., research, financing and so on). f) Where the skills/expertise/experience are being provided by a subcontractor or other

legal entity apart from the Proponent, a Proposal that does not include the information requested in Subsection 2 for each such subcontractor or other entity, will not be awarded full marks during the evaluation.

f. Corporate Experience

Proponents should demonstrate sufficient project experience including, but not limited to the following specific areas:

a) A minimum of three (3) projects involving Pigging and/or Swabbing of water intakes or pipelines at least 750 mm in diameter and at least 2 km in length within the past ten (10) years.

b) A minimum of two (2) projects involving diving and marine work including ROV inspections of intakes or pipelines at least 750 mm in diameter within the past ten (10) years.

To demonstrate corporate experience, Proponents should complete and submit Table 3-1 and with their Proposal submission. List projects with details as to size, location, owner, and names of the staff that managed these projects, to demonstrate relevant experience. Projects that are more recent, of similar scale (or larger) and most similar to the subject of this RFP will be scored higher. Include project profile documentation in an Appendix.

Table 3-1 Corporate Experience and References

Project Information References Project Name

Capital Cost

Description of Scope

Project Stage / Year of Completion

Key Staff & Roles

Company Name

Contact Details

g. References

a) The reference projects should have been successfully commissioned and at a minimum achieved Substantial Performance as defined in the Lien Act.

b) All reference information should be provided by completing Table 3-1 above. c) In providing references, Proponents agree that the City can contact the individuals

listed as part of the evaluation process. The City will make its own arrangements in contacting the references. Substitution of references will not be permitted after the close of the RFP.

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3.4.7 Subsection 3 – Organization Chart and Project Team

a. The Proponent is required to assemble a multi-disciplinary team whose expertise matches the specific needs of this project. The proposed project team should demonstrate project experience, including, but not limited to the following specific areas:

a) Project Manager: should possess a minimum of ten (10) years of construction contract administration experience and has managed similar work.

b) Pigging Superintendent: should possess a minimum of ten (10) years of general construction experience, including the Pigging of intakes or pipelines of at least 750 mm in diameter and a minimum of 2 km in length.

b. Outline recent experience of the proposed team members on projects of a similar nature with details as to stage (including dates), scope (key elements), construction value, location and the owner. Provide examples of completed assignments including roles and responsibilities on the referenced projects.

c. All CVs in an Appendix should be arranged in alphabetical order.

d. Organization Chart

a) Include an organization chart for this project with defined roles and responsibilities. Provide details on how the team will be managed, including communication and co-ordination protocol to ensure a successful delivery of the project.

b) The Proponent should submit signed consent forms authorizing the disclosure of personal information to the City, or its designated agent(s), for any resumes that are submitted. The Proponent will accept all liability if not disclosed to the City.

Table 3-2 Qualifications for Team Members

Project Role Preferred Years of Experience

Time Commitment This Project Other Projects

Project Manager 10 years Pigging Superintendent 10 years ROV Specialist 5 years

3.4.8 Subsection 4 – Project Understanding and Approach

a. Provide a description of the understanding of the scope of work. Illustrate the approach and the proposed methods to successfully complete the project.

b. Discuss the development of the project work plan and outline a strategy for bundling or staging of project components. Include a discussion on addressing operability, risk analysis, constructability, or site specific limitations, etc.

c. Indicate your approach to securing required approvals.

d. Provide a schedule showing achievement of Substantial Performance within the stipulated Contract Time, with emphasis on the possible acceleration of the project delivery if possible, taking into account the construction and scheduling constraints set out in the RFP.

e. Constructability concerns recognizing operational limitations, constructor issues, and quality control.

f. Construction sequencing so as to ensure that treatment capacity is not impacted at any time other than the pre-approved intake shutdowns.

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3.4.9 Subsection 5 – Workplan and Deliverables

a. The work plan should be structured to match the categories in Table 6-1 in Section 6 – Cost of Services, but expanded on to include activities under each phase. The work plan should clearly identify the base scope items and provisional items separately. Should include appropriate staffing levels and availability for all phases.

b. As a minimum, the work plan should include the following, as applicable:

Launcher Design and Fabrication

a) Project Management & Meetings b) Design of launcher, inclusive of all shop drawings c) Fabrication of launcher, inclusive of testing & commissioning

Pig Design and Pigging Procedure

a) Project Management & Meetings b) Approvals & Permits c) Pig design, selection and procurement d) Detailed Pigging methodology, including Pigging procedure and cleaning sequence

Pigging Execution

a) Project Management & Meetings b) Execution of Pigging Procedure c) Base scope (and Provisional) ROV inspections d) Updates to Pigging Procedure

Manual cleaning of Raw Water Suction Well and Concrete Pressure Pipe (C.P.P.)

a) Project Management & Meetings b) Manual Cleaning

3.4.10 Subsection 6 – Schedule

a. Provide a detailed schedule with a comprehensive and logical sequence that reflects understanding of the project, indicating all tasks, deliverables and significant milestones.

b. The schedule should detail a project-specific approach to each phase of the project including design and fabrication of the launcher, design of the Pigging Procedure, the execution of the Pigging, and the cleaning of the Raw Water Suction Well and Common Inlet Pipe.

c. Provide an estimated overall timeline of the project, including an indication of the date of commencement. Key dates for major activities must be clearly defined in the Proponent's detailed work plan and highlighted in the Gantt chart. Gantt chart to include logical linking of interdependent tasks and identification of the project critical path. The City will not begin Pigging Execution work without first obtaining all required approvals.

d. Provide a discussion of the underlying assumptions associated with the proposed project schedule and methods for maintaining the schedule.

e. For each deliverable provide sufficient detail to facilitate the review and evaluation by the City. Allow two (2) weeks for City review.

f. State assumptions regarding roles and involvement of City staff beyond those identified in Section 7. This is important so that clarifications of any assumptions are apparent to the Selection Committee during the review of the Proposal.

g. At a minimum, the Project Schedule should include the following:

a) Award b) Launcher Design Submission & Review with City

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c) Pig Procedure Submission & Review with City d) Permits e) Mobilization f) Pre-Cleaning ROV Inspection of Intake 1, 2 and 3 (separate lines per intake) g) Launcher Installation on Intake 1, 2 and 3 (separate lines per intake) h) Pigging Work on Intake 1, 2 and 3 (separate lines per intake), including retrieval of

Pigs i) Potential fourth Swabbing pass on Intake 1, 2 and 3 (separate lines per intake)

(provisional) j) Post-Cleaning ROV Inspection on Intake 1, 2 and 3 (provisional) k) Launcher Removal and Storage l) Raw Water Wetwell and C.P.P. pipe manual cleaning during winter shutdown m) Site cleaning and Demobilization n) Substantial Performance (anticipated March 31, 2019)

3.4.11 Subsection 7 – Innovation and Value Added

a. Specify all value added activities or innovative ideas that are proposed, but were not specified in the terms of reference. Identify the costs for these items separately from the base scope, where applicable, in the Cost of Services envelope.

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PROPOSAL EVALUATION AND SELECTION

SELECTION COMMITTEE

4.1.1 All Proposals will be evaluated through a comprehensive review and analysis by a Selection Com-mittee, which will include members from the City's Engineering & Construction Services, Toronto Water and other City staff and stakeholders.

4.1.2 The Selection Committee may, at its sole discretion, retain additional committee members or advisors.

4.1.3 The aim of the Selection Committee will be to select one (1) Proposal that meets the City's requirements and provides a satisfactory overall value to the City. The Proposal selected will not necessarily be the one offering the lowest fees or cost (pricing). Pricing is one of the components in determining the total score or ranking.

4.1.4 By responding to this RFP, Proponents will be deemed to have agreed that the decision of the Selection Committee will be final and binding.

SELECTION CRITERIA

4.2.1 The Proposals will be first reviewed for mandatory submission requirements, as follows:

a. Mandatory submission requirements will be scored PASS/FAIL, as described in Section 3. If all the mandatory requirements are not met, the Proposal would not be further evaluated and would be considered non-compliant.

4.2.2 If all mandatory submission requirements are met, the Proposal content will be evaluated using Table 4-1. Technical Proposal Content Requirements are detailed in Section 3.4, evaluation in Table 4-1 will be based upon the extent to which the Proponent's Proposal fulfills the submission requirements detailed in 4.4.6 to 4.4.11.

4.2.3 Proposal Evaluation Form that will be used to evaluate the Proposals is included as Table 4-1 as follows.

Table 4-1 Proposal Evaluation Form

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Stage 1. Mandatory Submission Requirements (Section 3) Pass/Fail

Stage 2: Proposal Content

EVALUATION CRITERIA AVAILABLE POINTS TO BE

AWARDED

1. Proponent Profile and Corporate Experience 15

2. Project Team, Experience and Structure 20

3. Project Understanding and Approach 15

4. Project Workplan and Deliverables 10

5. Schedule 10

6. Innovation and Value Added 15

SUB-TOTAL 85

Stage 3: Interview (If applicable) Proponent must score a minimum of 60% (51 out of 85 points) in Stage 2 in order to proceed to Stages 3 and 4.

Stage 4: Cost of Services

Proponent’s fees calculates as follows: Formula: [(lowest cost Proposal divided by Proponent's Proposal cost) x 15]

15

TOTAL 100

SELECTION PROCESS

4.3.1 If the submission fails the Mandatory Submission Requirements, the Proposal will be rejected. The Technical Proposal and Cost of Services will not be reviewed.

4.3.2 The Technical Proposal must score a minimum 51 out of the possible 85 points to have the Cost of Services Envelope opened and evaluated. The Selection Committee will not have any knowledge of information contained in the Cost of Services envelopes until such time that the technical evaluations are complete and Proponents are short listed.

4.3.3 The Total Score shall be the sum of the Technical Proposal score and the Cost of Services score.

4.3.4 The Proposal that achieves the highest overall Total Score will be ranked first.

4.3.5 In the event of a tie Total Score (Total Score rounded to one decimal point), the Proponent achieving the highest score for its Technical Proposal will be ranked first overall.

CLARIFICATIONS

4.4.1 As part of the evaluation process, the Selection Committee may request further information with respect to the content of any Proposal to clarify its understanding of the Proponent’s response. The clarification process shall not be used to obtain required information that was not submitted at time of close, or to promote a particular Proponent.

4.4.2 The Selection Committee may request further information from one or more Proponents and not from others.

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INTERVIEW

4.5.1 A Proponent whose written Proposal has met or exceeded the minimum score for the technical Proposal may be invited to an interview with the Selection Committee, the results of which will be used by the Selection Committee as a mechanism to revisit, revise, confirm and finalize the score and select the recommended Proponent(s). The City reserves the right to interview up to a maximum of five (5) top ranked Proponents. The Selection Committee may interview any Proponent(s) without interviewing others, and the City will be under no obligation to advise those not receiving an invitation until completion of the evaluation and selection process.

4.5.2 The representatives designated by the Selection Committee in its invitation to the Proponent must attend any interview scheduled as part of this evaluation process unless the City agrees otherwise in writing and at its sole discretion.

4.5.3 The representative of a Proponent at any interview scheduled is expected to be thoroughly versed and knowledgeable with respect to the requirements of this RFP and the contents of its Proposal, and must have the authority to make decisions and commitments with respect to matters discussed at the interview, which may be included in any resulting Agreement.

4.5.4 Where the staff team proposed by the Proponent is an important element in the selection criteria, the staff team proposed shall be present for the interviews.

4.5.5 No Proponent will be entitled to be present during, or otherwise receive any information regarding, any interview with any other Proponent.

4.5.6 Refusal of a Proponent to participate in an interview requested by the City may, in the City's sole discretion, be considered a failure of the Proponent to comply with a Mandatory Requirement of the RFP and thus subject to disqualification.

EVALUATION RESULTS

4.6.1 Upon conclusion of the evaluation process, a final recommendation will be made by the Selection Committee to the Executive Director of Engineering & Construction Services and/or City Council.

4.6.2 Proposal evaluation results shall be the property of the City and are subject to MFIPPA. Evaluation results may be made available to public release pursuant to MFIPPA.

4.6.3 Proponents should be aware that Council and individual Councillors have the right to view the Proposals provided that their requests have been made in accordance with the City's procedures.

NEGOTIATIONS AND AGREEMENTS

4.7.1 An award of the Project to a Proponent will be at the absolute discretion of the City.

4.7.2 The selection of a recommended Proponent will not oblige the City to negotiate or execute an Agreement with that recommended Proponent.

4.7.3 Any execution of an Agreement resulting from this RFP will be in accordance with the bylaws, policies, and procedures of the City.

4.7.4 The City shall have the right to negotiate on such matter(s) as it chooses with any Proponent to which it has awarded an Agreement without obligation to communicate, negotiate, or review similar modifications with other Proponents. The City shall incur no liability to any other Proponent as a result of such negotiation or alternative arrangements.

4.7.5 During negotiations, the scope of the services may be refined, issues may be prioritized, responsibilities among the Proponent, all staff and sub-Consultants provided by it, and the City may be settled and the issues concerning implementation may be clarified.

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4.7.6 Any Agreement must contain terms and conditions in the interest of the City, and be in a form satisfactory to the City Solicitor. If the Agreement required City Council approval, the final Agreement must contain terms and conditions substantially as set out in the Council report authorizing the Agreement. Any Agreement will incorporate as schedules of appendices such part of the RFP (including addenda) and the Proposal submitted in response thereto as are relevant to the provision of the goods and/or services.

4.7.7 The terms and conditions set out in Appendix D shall be incorporated in any Agreement entered into with the recommended Proponent. These terms and conditions are mandatory and are not negotiable. Any Proponent wishing to request that the City consider any changes to the terms and conditions set out in Appendix "D" must follow the process outlined in Appendix "B".

4.7.8 If negotiations between the City and a Proponent do not result in an Agreement within one hundred-twenty (120) Days of receipt by the Proponent of notification of award, the City may at its sole discretion terminate such negotiations and either enter into negotiations with one or more other Proponents or terminate the RFP process.

4.7.9 The City shall be under no obligation to accept a Proposal without amendment, alteration, counter-offer, or any change that may result from negotiations with the Proponent submitting the Proposal.

DESIGN-BUILD AGREEMENT/ PURCHASE ORDERS

4.8.1 For reference, a specimen Agreement is included in Appendix D. The agreement may be required for all projects regardless of dollar value, at the City’s sole discretion.

4.8.2 The project shall be executed under one (1) Agreement and the issuance of one (1) Purchase Order.

INSURANCE

4.9.1 The successful Vendor agrees to purchase and maintain in force, at its own expense and for the duration of the services, or cause to be maintained by any subcontractor/consultant who is retained to provide services under this Agreement, the following policies of insurance, or any other type of insurance relevant for the services, which policies shall be in a form and with an insurer acceptable to the City. A certificate evidencing these policies signed by the insurer or an authorized agent of the insurer must be delivered to the City prior to the commencement of services.

4.9.2 The Vendor will be required to comply with the following insurance requirements:

a. Professional liability (errors and omissions coverage) insurance in the amount of not less than FIVE MILLION DOLLARS ($5,000,000.00);

a) Includes Environmental Consultants Professional Liability where the Vendor’s services include environmental work

b) Will extend to infringement of copyright and other intellectual property, including misuse of trade secrets, if appropriate.

c) Shall be maintained continuously from the commencement of the contract until two years after Substantial Performance of the Work.

b. Comprehensive General Liability insurance in the amount of FIVE MILLION DOLLARS ($5,000,000.00);

a) Adds City as additional insured b) Includes the following clauses: personal injury liability; cross-liability/severability of

interest; broad form contractual liability; owner’s/contractor’s protective liability; contingent employer’s liability; employers liability; and non-owned automobile liability

c) Includes Sudden and Accidental pollution with no less than 120 hour detection and reporting on the equivalent of the IBC 2313 form or broader

c. Automobile Liability insurance with a minimum limit of Five Million Dollars ($5,000,000) for all owned or leased licensed motorized vehicles used in the performance of services.

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d. If significant quantities of chemicals/hazardous materials are to be used, Contractors Pollution Liability (CPL) coverage in an amount not less than $5,000,000 per claim/annual aggregate. Such policy shall name the City as an additional insured and there should be an exception to the “insured vs insured” exclusion clause for claims by a “Client”.

e. Marine Liability - if owned or non-owned watercraft(s) is used directly or indirectly in the performance of the Design Services or Work, Watercraft Liability Insurance for each watercraft. The insurance coverage must be provided by a Protection & Indemnity (P&I) insurance policy and must include excess collision liability and pollution liability. The insurance must be placed with a member of the International Group of Protection & Indemnity Associations or with a fixed market in an amount of not less than the limits determined by the Marine Liability Act, S.C. 2001, c. 6. Coverage must include crew liability, if it is not covered by the statutory requirements of the Territory or Province having jurisdiction over such employees. The policy must waive all rights of subrogation against City of Toronto for any and all loss of or damage to the watercraft however caused. Such policy shall name the City as an additional insured.

f. If any marine vessels are used in the Work, Hull & Machinery insurance on such vessels containing a waiver of subrogation in favour of the City of Toronto. Such policy shall name the City as an additional insured with respect to Collision Liability or any third party liability component of coverage.

4.9.3 It is understood and agreed that the coverage and limits of liability noted above are not to be construed as the limit of liability of the Vendor in the performance of services. It is also agreed that the above insurance policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne by the Vendor. At the expiry of the policies of insurance, original signed Certificates evidencing renewal will be provided to the City without notice or demand.

4.9.4 The Vendor is responsible for any loss or damage whatsoever to any of its materials, good, equipment or supplies and will maintain appropriate all-risk coverage as any prudent owner of such materials, goods, supplies and equipment. The Vendor shall insure the Pigs and all related equipment on an all risk replacement cost basis (including Equipment Breakdown coverage) and such policies shall include extra and expending expense. The Vendor shall have no claim against the City or the City's insurers for any damage or loss to its property and shall require its property insurers to waive any right of subrogation against the City.

4.9.5 The City, acting reasonably, may require the limits of the insurance policies provided for these services to be increased from time to time. All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the place of the Work.

4.9.6 All required insurance policies shall provide no less than thirty (30) days' prior written notice of cancellation or adverse material change to the City.

4.9.7 All insurance policies and coverage required of the Vendor will be primary over any other insurance that might be carried by the City.

4.9.8 Except for policies of automobile insurance, all insurance policies in any way related to the Work and secured and maintained by the Vendor shall include clauses stating each insurer will waive all rights of recovery, under subrogation or otherwise, against the City.

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COST OF SERVICES

COST OF SERVICES DOCUMENTATION AND DELIVERY

5.1.1 The documentation for each Cost of Services:

a. Must be PACKAGED AND SEALED IN A SEPARATE ENVELOPE labeled Cost of Services (submissions made by fax, telephone, or electronic message will not be accepted) displaying a full and correct return address;

b. Must consist of One (1) original (clearly marked as such on its first page) and preferably one (1) pdf and Five (5) printed copies.

c. Any pricing shown in the Technical Proposal shall render the Proposal non-compliant.

COST OF SERVICES SUBMISSION CONTENT – GENERAL

5.2.1 Provide a project cost breakdown for the base scope of work and defined provisional items as indicated in Table 6-1. All parts and items in Table 6-1 must be priced for the entire services in order for the Proposal to be considered valid.

5.2.2 Where a separate firm or sub-consultant is providing base scope work, the sub-consultant is to be identified.

5.2.3 The Lump Sum Bid Price value as provided in Table 6-1 will be used for establishing the Cost of Services score for the Proposal evaluation and selection as outlined in Section 5 of the RFP.

BASE SCOPE OF WORK

5.3.1 For the purposes of pricing their proposal, Proponents shall include provision of twelve (12) Pigs and the labour and materials required for three (3) Pig passes per intake, for a total of nine (9) passes, as part of their base cost of services proposal. For clarity, each pass shall use a single, new Pig. The remaining three Pigs (the "Reserve Pigs") shall be retained by the City and shall also form part of the base scope price. A provisional allowance is included in Table 5-2 for the labour and materials required for one (1) additional pass per intake (for a total of three passes) using the Reserve Pigs, if authorized at the sole discretion of the City.

5.3.2 The cost for invoice preparation and processing is considered part of base scope.

5.3.3 Proponents that do not fully complete these forms (such as leaving lines blank), or have unclear answers (such as "n/a", "-", "tba" or "included" etc.) will be declared non-compliant. Prices that are intended to be zero cost/no charge to the city are to be submitted in the space provided in the price schedule as "$0.00" or "zero".

5.3.4 All spaces for the aforementioned information must be completed in ink ensuring the printing is clear and legible.

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Table 6-1 Cost Breakdown for Base Scope of work

Deep Water Intake Cleaning

Deliverables Cost ($)

Item A – Basic Lump Sum Bid Price, excluding HST

The Basic Lump Sum Bid price includes all base scope* work as described in the RFP document, to Design, Build and Execute the Deep Water Intake Cleaning project

$

Item B – Provisional Items

Labour for three (3) additional passes with fourth Pig (one for each intake) $

Three (3) post-cleaning ROV inspections (one for each intake) $

Twenty (20) additional cubic metres (m3) of mussels manually removed from the Raw Water Wetwell and Concrete Pressure Pipe (C.P.P), including disposal

$

Item B – Subtotal – Provisional Items $

Contingency (C) $ 500,000.00

Lump Sum Bid Price (A+B+C)** $

HST (13%) $

TOTAL INCLUSIVE OF HST $

*For the purposes of pricing their Proposal, Proponents shall include provision of twelve (12) Pigs and the labour and materials required for three (3) Pig passes per intake, for a total of nine (9) passes, as part of their base cost of services proposal. For clarity, each pass shall use a single, new Pig. The remaining three Pigs (the "Reserve Pigs") shall be retained by the City and shall also form part of the base scope price. A provisional allowance is included under Item B in Table 5-2 for the labour and materials required for one (1) additional pass per intake (for a total of three passes) using the Reserve Pigs, if authorized at the sole discretion of the City.

**This will be the evaluated value.

ALTERNATIVES SUGGESTED BY PROPONENT

5.4.1 In the event that the Proponent has identified a suggested improvement in the project scope, the related cost impact is NOT TO BE INCLUDED IN THE PROPONENT’S BASE PROPOSAL OR CITY ALTERNATIVES PRICING. The cost related to the Proponent’s suggested improvement/innovation idea is to be presented separately.

5.4.2 Cost of Services Proposals for Proponent’s alternatives are to be included in the Cost of Services envelope, along with the base Proposal. If the Proponent elects to submit pricing for an alternative, this pricing will only be used as the basis for fee negotiation, once the Vendor has been selected.

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PAYMENTS FROM COST OF SERVICES PROPOSAL

5.5.1 Refer to the General Conditions of Contract (Appendix D) for payment details.

5.5.2 The Construction Lien Act requirements shall be applied to the assignment.

5.5.3 The 10% holdback on the Purchase Order will be released upon completion of the project and upon meeting all requirements of the Construction Lien Act.

5.5.4 The City shall not be responsible for any unauthorized additional costs.

5.5.5 The Vendor must be solely responsible for any and all payments and/or deductions required to be made including those required for the Canada Pension Plan, Employment Insurance, Workplace Safety and Insurance, and Income Tax.

5.5.6 All invoices must clearly show HST as a separate value and HST "registrant" number.

5.5.7 Without restricting the generality of the foregoing, the Vendor acknowledges that, if it is a non-resident person, payments to the Vendor, as a non-resident person, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Vendor, as a non-resident person, provides the City with an official letter from Canadian Customs and Revenue Agency waiving the withholding requirements, the City will withhold the taxes it determines are required under the Income Tax Act (Canada).

5.5.8 In the event of mathematical errors found in the pricing pages, the unit prices quoted shall prevail. Extensions and totals will be corrected accordingly by City staff and adjustments resulting from the correction will be applied to the Total Lump Sum Price quoted.

PAYMENTS FOR CONTINGENCY ALLOWANCE

5.6.1 In seeking authority to engage consulting services, the City will include a contingency amount to cover potential changes in the scope of services where warranted. Payments from the Contingency Allowance will not be permitted without prior written approval of the Executive Director.

CURRENCY

5.7.1 All dollar amounts, fee statements, and invoicing shall be in Canadian dollars. The Proponent shall assume all currency risk.

TAXES

5.8.1 Harmonized Sales Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in this RFP.

5.8.2 HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the Price Schedule and any subsequent invoices.

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CITY RESPONSIBILITIES

GENERAL

6.1.1 City staff will provide assistance to the Vendor by reviewing all submitted documents within two weeks of receipt, depending on the magnitude of the submission.

6.1.2 The City will designate a Project Manager to this project upon completion of the evaluation of the RFP and award of the project. This Project Manager will ensure that the City's position on all matters relevant to this project is communicated to the Vendor.

6.1.3 The City Project Manager will act as Payment Certifier throughout the duration of this contract, in reference to the General Conditions of Contract, included as Appendix D.

6.1.4 Best efforts will be made by the City to provide information on the scope and current status of active design and construction projects as well as the current timeline for completion.

6.1.5 Best efforts will be made by the City to provide available record drawings and/or access to facility libraries to support the project.

6.1.6 As required, the City will provide available operational data to support the design.

6.1.7 The City will provide a copy of the City’s Health & Safety Policies and any required Health & Safety Orientation(s).

6.1.8 The City will hire and pay for asbestos remediation required prior to tendering of the contract, if required and feasible.

6.1.9 The City will pay application fees for required approvals.

6.1.10 The City shall give prior approval to shut down each single intake at the time of Swabbing/Pigging.

6.1.11 The City shall direct the Vendor where the Pig launcher and associated structural supports is to be stored.

PERMITS

6.2.1 The City will pay the fees for all permits, licensing or approvals required for this project including but not limited to what is required to meet the standards and regulations of the Ministry of the Environment and Climate Change (MOECC), Toronto and Region Conservation Authority (TRCA), Ministry of Natural Resources (MNR), Fisheries & Oceans Canada, and the Ontario Water Resources Act (OWRA), as well as any other appropriate regulatory agencies. The Vendor shall be familiar with the Safe Drinking Water Act and NSF/ANSI 61, and abide by all rules and guidelines in their design and construction. The cost of researching permit requirements, preparing applications and related activities will be borne by the Vendor.

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REFERENCES

CURRENT STUDIES AND DESIGN AND CONSTRUCTION PROJECTS

7.1.1 The following section describes some of the related projects and activities currently underway within the Island WTP. Some may only have a minor impact, if any, on the proposed project. The information has been made available to provide perspective on the current and future situation of projects underway.

a. Diesel Generator Control Upgrade – Construction to be completed in Q4, 2016.

b. Plant-wide Backflow Prevention Upgrades – Construction to be completed in Q1, 2017.

c. Building Automation System & HVAC Upgrades - Construction to take place from Q3, 2016 through Q3 of 2018.

d. Fluoride & Ammonia Building Upgrades – Under design. Construction to be completed end of 2017.

e. Residue Management Facility Phase 1 Upgrades (Settling Basin Retrofit) – Construction to be completed in Q4, 2017.

f. Residue Management Facility Phase 2 Upgrades (Dewatering Facility) – Potentially a new building for collection and disposal of settled backwash solids. Detailed Design in 2017 with construction thereafter.

g. Flume & Raw Water Wetwell Rehabilitation, Travelling Screen Replacement, Machine Shop Floor Upgrades and Raw Water Pumps' Rehabilitation – Construction expected to take place from 2017-2019.

h. Scrubber and Tonner Connection Upgrades – Design to take place in 2017 with construction completion in 2018.

i. Diesel Generator Upgrades for DR3 Program – Construction in 2018-2019.

j. UV Treatment - Design in 2017-2018

k. Marine Yard – Design in 2017 with construction completion in Q1 2019. For the northern portion of the building owned and operated by Parks & Rec (approximate seven eights of the building), Parks & Rec has launched an architectural services assignment (RFP # CN 9118-16-5017) addressing state of good repair issues to the building envelope, building interior, and mechanical and electrical systems. Construction to begin in Q3 2017.

CITY REFERENCE DOCUMENTS AND STANDARDS

7.2.1 The following reference documents (Appendix E) are available via CD from the City Purchasing Department. The CD can be picked-up by firms who have purchased a copy of the RFP at the Tender Office in City Hall, 100 Queen Street West, 19th Floor West Tower.

a. Enwave Deep Water Intake Drawings

b. Island WTP annual designated substances survey (DSL).

c. Island WTP Site specific designated substances survey (DSL) for the intake chamber

d. Island WTP ROV Inspection Report and Video CD (2014)

e. Confined Space Entry Procedures.

7.2.2 The following reference documents are available on the City website:

a. The City of Toronto’s “Standard Construction Specifications & Drawings for Sewers, Watermains and Roads":

www.toronto.ca/calldocuments/construction_specs.htm

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b. City of Toronto Green Building Standard, 2010:

www.toronto.ca/planning/environment/greendevelopment.htm

c. City of Toronto Accessibility Guidelines, 2004:

www.toronto.ca/diversity/pdf/accessibility_design_guidelines.pdf

VENDOR PERFORMANCE EVALUATION

7.3.1 The Contractor Performance Evaluation Form will be used to assess the performance of the Vendor on the project. Once completed, the evaluation will be forwarded to the Operating Division and Engineering and Construction Services, for information and/or appropriate action.

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APPENDICES

APPENDIX A – STANDARD PROJECT SCOPE REQUIREMENTS

A.1 General Requirements

A.2 Health and Safety (including Designated Substances)

A.3 Approvals

A.4 Drawings and Standards – N/A

A.5 Class EA – N/A

A.6 Studies – N/A

A.7 Pre-Design – N/A

A.8 Detailed Design – N/A

A.9 Construction and Commissioning (including Inspection Reports) – N/A

A.10 Post Construction and Warranty – N/A

A.11 Electrical Standards – N/A

A.12 Process Control Systems (PCS) – N/A

A.13 Work Management System (WMS) Entity Information Worksheet (EIW) – N/A

A.14 Energy Management Plan (EMP) – N/A

APPENDIX B – RFP TERMS AND CONDITIONS

APPENDIX C – STANDARD SUBMISSION FORMS

APPENDIX D – GENERAL AND SUPPLEMENTARY CONDITIONS OF CONTRACT

APPENDIX E – SPECIFIC CONDITIONS OF CONTRACT

APPENDIX F – BID BOND FORM

APPENDIX G – CITY OF TORONTO SAFE WORKING PROCEDURES AND POLICIES

APPENDIX H – PROJECT REFERENCE MATERIAL AND DRAWINGS H.1 Intake Drawings (please see the attachment) H.2 Designated Substances Report (to be issued as part of Addenda) H.3 Key Plan (please see the attachment)

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APPENDIX A.1 – GENERAL PROJECT REQUIREMENTS

ECS VERSION 1.1 – JUNE 2017

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TABLE OF CONTENTS

A.1 GENERAL PROJECT REQUIREMENTS ................................................................. 2

A.1.1 GENERAL .................................................................................................................................... 2

A.1.2 REPORTS & DRAWINGS STAMPING ............................................................................................... 2

A.1.3 CITY PROJECT MANAGER (PM) .................................................................................................... 2

A.1.4 CO-ORDINATION WITH OTHER CITY DIVISION'S AND SECTIONS ....................................................... 2

A.1.5 PROJECT MEETINGS / DOCUMENTATION / TRACKING ...................................................................... 2

A.1.6 SUBMISSIONS – SPECIFIC OPERATIONS REQUIREMENTS ................................................................ 3

A.1.7 PROJECT SCHEDULES .................................................................................................................. 4

A.1.8 WORKPLAN .................................................................................................................................. 4

A.1.9 CITY’S REVIEWS .......................................................................................................................... 4

A.1.10 DOCUMENT MANAGEMENT ........................................................................................................... 4

A.1.11 QUALITY ASSURANCE AND QUALITY CONTROL .............................................................................. 5

A.1.12 INVOICING REQUIREMENTS ........................................................................................................... 7

A.1.13 PROJECT COST CONTROL ............................................................................................................ 8

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A.1 GENERAL PROJECT REQUIREMENTS

A.1.1 General

A.1.1.1 The requirements for engineering services to be provided by the Consultant to the City of Toronto for projects are as specified in the Request for Proposal and in the Appendices A.1 to A.14, inclusive. It is the responsibility of the Consultant to ascertain the full scope of the engineering services required for the project as they will be required to perform the work as specified. The Consultant shall become fully familiar and comply with the City’s project management requirements.

A.1.1.2 Wherever it is stated in the RFP, “engineering services” , it is intended that these services are inclusive of any and all professional services required in fulfillment of the project requirements.

A.1.2 Reports & Drawings Stamping

A.1.2.1 All engineering reports, drawings and specifications are to be signed and stamped by a Professional Engineer, licensed in the Province of Ontario.

A.1.3 City Project Manager (PM)

A.1.3.1 Role of Project Manager

1. The City will assign a Project Manager for the project. The City's Project Manager will provide direction to the Consultants providing engineering services to the City throughout their contracted service period. The Project Manager will transmit instructions to and receive information from the Consultants.

A.1.3.2 Correspondence

1. Identify all correspondence to the City with the project number provided by the City. All correspondence either written or electronic should be addressed to the City’s Project Manager, except where agreed upon or otherwise specified by the Project Manager.

A.1.4 Co-ordination with Other City Division's and Sections

A.1.4.1 The Consultant’s contact with the City is the assigned Project Manager. The Project Manager will liaise with and coordinate work with other City sections and/or departments. The Project Manager may direct the Consultant when appropriate to work directly with other City section or department staff.

A.1.5 Project Meetings / Documentation / Tracking

A.1.5.1 Studies/EA/Design

1. The consultant shall schedule a project commencement meeting and progress meetings at two week intervals. The Consultant shall schedule additional meetings as required for the review of draft documents, milestone design reviews, and other events as defined in the RFP.

A.1.5.2 Contract Administration

1. When providing site administration and engineering services during project construction, the Consultant shall schedule site meetings twice monthly, with weekly meetings during commissioning.

2. Arrange, chair and minute all meetings during project to report on status of project activities, review project submissions and discuss design or construction issues.

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A.1.5.3 Agendas and Notes of Meeting

1. For each project meeting, unless otherwise directed, the Consultant shall prepare and distribute an agenda and conduct the meeting in an efficient manner. The Consultant shall take notes or minutes of the meeting, and the minutes of meeting are to be distributed no later than five (5) working days after the meeting.

A.1.5.4 Project Tracking

1. The Consultant is expected to track/monitor and trace the status of the project and decisions made, etc., through the use of standard project management tools such as Request for Information (RFI) log, decision logs, change order logs, deliverable logs, etc. The Consultant PM is responsible for flagging issues that the City must resolve due to impacts on the critical path.

A.1.5.5 Decision Log

1. Through all phases of the project maintain and update bi-weekly the decision log, including name of the issue, description on how resolved and the dates when the issue was first discovered and when it was resolved.

A.1.6 Submissions – Specific Operations Requirements

A.1.6.1 To facilitate communication with the operating staff include in the scope the following:

1. All documents / reports such as Technical Memoranda (TMs), Pre-Design Reports, Engineering Studies, and Conceptual Design Reports shall include:

a) A brief executive summary, at the beginning of each document, highlighting key findings of the report, allowing someone with limited knowledge of the project understand what the report contains.

b) A tabular summary of all findings, recommendations and key design elements.

c) For all design documents, include in the workplan additional design workshops to discuss the findings and information presented in the reports.

d) Project Information Sheet

2. For vertical facilities prepare a one page project information poster (24"h x 36"w) including the scope of work, benefits, impact on Operations, key dates, consultants involved and project staff. The purpose of this project information sheet is to communicate project details to operations staff. It will be displayed on a hard copy on notices boards. This information sheet shall be updated at the following stages:

a) After award

b) After pre-design is complete

c) At 70% completion of detailed design

d) At construction kick off

e) At the start of commissioning

3. For Linear infrastructure projects, prepare a one page project information sheet including the scope of work, benefits, bypass timelines, traffic closures, park and trail closures, alternate routes, key dates, consultants involved and project staff. The purpose of this project information sheet is to communicate project details to operations, coordination and customer service staff.

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A.1.7 Project Schedules

A.1.7.1 General

1. The Consultant shall produce a Project Schedule and adhere to it once the assignment has been awarded and the Project Manager has issued the notice of award of the project, and a purchase order has been issued.

A.1.7.2 Baseline (Gantt Chart)

1. The baseline schedule shall be provided prior to submission of the Consultant's first invoice and shall include deliverables and other major milestones. Include additional design workshops at key milestones to ensure Operations input is sought at the appropriate time. The schedule shall show the sequence of work, any interdependencies and the project critical path. Baseline schedule must be approved by the City prior to first payment.

A.1.7.3 Tasks

1. Scheduling of tasks shall allow for City document review time and Consultant's QA/QC time. Task bars should show percent complete.

A.1.7.4 The schedule shall be updated monthly and reviewed at progress meetings. Changes to the project schedule require a written explanation and must be approved, in writing, by the City.

A.1.8 Workplan

A.1.8.1 At the beginning of the project, the Consultant is to confirm and refine the baseline workplan included in the proposal for review and approval by the City.

A.1.8.2 Include in your workplan, an update of the time task breakdown included with the Proposal.

A.1.9 City’s Reviews

A.1.9.1 Where reference is made to submission of documents, designs, plans, etc., unless specified otherwise, they shall first be submitted in draft form to the City. A minimum of three (3) weeks is required for City review and comment.

A.1.9.2 Draft documents submitted for review shall be essentially complete, so as to allow for proper evaluation of material submitted. Any unfinished or missing sections or elements shall be clearly identified in the draft, and a brief description of the intended material is to be provided.

A.1.9.3 The City will provide written comments to each submission in a standard template provided either by the Consultant or the City.

A.1.9.4 The Consultant shall provide a response to the City’s comments indicating concurrence or non-concurrence, and if comments are not to be incorporated the Consultant shall indicate the reason for such.

A.1.9.5 The comment tracking sheet shall form a part of the next revision of the submittal and will be continually updated until the submission is considered final.

A.1.10 Document Management

A.1.10.1 General

1. A record of submission, electronic or hard copy, is required with all deliverables submitted to the City. The record of submission shall provide the project title, list the various documents, and number of copies.

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A.1.10.2 Electronic Document Management

1. When submitting draft or final reports, site surveys, CCTV files, design drawings, contract documents, and other deliverables, the consultant shall also provide one electronic (native formats and PDF) copy on CD/DVD/USB for input to the City’s electronic document management system. This must be provided at the same time as the paper copy.

2. All electronic copies shall be editable by the City. Provide Microsoft Word, Microsoft Excel and other native files. All Adobe files shall be searchable and unlocked. Provide hydraulic modelling data files in their native software.

3. Prior to finalizing each submission, the consultant is to confirm the City’s preferred software package and version, for that submission. As part of the final submission of major deliverables, such as contract documents, tender specifications, and drawings, the consultant must supply, as well as the individual files in the native formats, one consolidated Adobe file containing all sections and details. This consolidated Adobe file to be contained on the same CD/DVD/USB as the other files. All CD/DVD/USB’s are to be properly labelled.

4. All files produced as a result of the project become the property of the City.

A.1.10.3 Hard Copies

1. Paper print versions of documents shall be submitted to the City as per the Summary of Deliverables (Section 2 of the RFP).

A.1.11 Quality Assurance and Quality Control

A.1.11.1 General

1. The City requires the Consultant to exercise internal Quality Assurance (QA) and Quality Control (QC) for all project deliverables submitted at each stage of project development. This is to ensure that the project will be executed to the City's requirements and expectations. Each deliverable must be signed off by the QA/QC reviewer, specialty designer and project manager.

A.1.11.2 Quality Assurance (QA) Program

1. Perform QA for the project submission to ensure that the design work, has been reviewed and checked by senior staff to conform with the QA program stated in the Proposal. The QA program shall include all those planned and systematic actions required to ensure that the works to be constructed will be designed in accordance with applicable codes, guidelines, standards and specifications.

2. Ensure it has been performed in accordance with:

a) Good engineering practice

b) Considerations for Constructability and Reliability

c) Practical layout of equipment from an operation and maintenance perspective

d) Relevant code(s) and standard(s) that the project must comply with

e) The City's requirements for hydraulic capacity and structural integrity of linear infrastructure

f) Health and Safety Requirements applicable to the design and construction, operation and maintenance and decommissioning (ensure access, space, eyewash, utilities, confined space conditions, designated substances incorporated into equipment, piping, CSA rated equipment, valves, hosing, chemicals and materials, etc..)

g) The City's requirements as specified herein and in the Request for Proposal

h) Other specific requirements to the project

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3. The Quality Assurance (QA) program provided by the Consultant for the City of Toronto for construction projects, shall consist of planned and systematic actions to verify that the works are being constructed as specified in the contract documents and specifications in accordance with applicable codes, guidelines and standards.

A.1.11.3 Quality Control (QC) Program

1. Perform QC for the project to ensure that the design work, when completed, has been reviewed and checked and demonstrates that these services and works meet contractual and regulatory requirements.

2. The engineering drawings have been checked:

a) For design errors

b) For drafting errors

c) To ensure proper co-ordination has been exercised between the various engineering disciplines within the firm and those performed by sub-consultant(s)

d) To ensure constructability and operability

e) To ensure coordination with other existing linear infrastructure, locates and projects under planning, design and/or construction stages within the project area.

f) For health and safety requirements

3. The specifications have been checked for completeness to ensure:

a) All regulatory, design and construction guidelines and City's bylaws requirements are met

b) The standards referenced in the tender are current.

c) Equipment selection, sizing and material are compatible with the existing equipment and piping system. Where matching the existing is required, the equipment and piping should be investigated for possible obsolesce and spare parts availability.

d) That all material and equipment test procedures have been specified and provision for payment of testing is included.

e) That relevant codes and/or standards have been specified

f) That equipment tolerances are specified for proper installation

g) That all specifications included are tailored to the project and contain clauses relevant to the project only.

A.1.11.4 The Quality Control (QC) program provided by the Consultant for the City of Toronto shall consist of the examination of services and work performed by the Contractor. The QC shall include management and documentation necessary to demonstrate that these services and work provided by the Contractor meet contractual and regulatory requirements during the construction phase.

A.1.11.5 All reports, technical memoranda, drawings, manuals, contract documents and specifications, both initial draft and final copies, as a minimum, must be reviewed with QA/QC completed by the consultant prior to submission to the City. The consultant shall use the “Consultants QA/QC” table shown below on the front page of the document and shall be signed by the appropriate staff prior to submission to the City. A document with no signature will not be reviewed and will be returned.

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PRIME CONSULTANT:

SUB-CONSULTANT:

SUBMISSION DATE REVIEWED BY QA/QC STAFF

DATE REVIEWED BY PROJECT MANAGER

Draft 1

Draft 2

Draft 3

Final

A.1.12 Invoicing Requirements

A.1.12.1 General

1. Invoices throughout the project must be submitted in a format acceptable to the City. Invoices for engineering services shall be submitted monthly, unless otherwise stipulated.

A.1.12.2 Standard Format

1. All invoices shall include the City’s Purchase Order number, billing period and the City project number. Invoices shall be addressed to the City’s Project Manager, unless otherwise stipulated.

2. The invoice summary sheet must be broken down into tasks and associated disbursements per the Fee Proposal. In addition, the summary sheet shall also show the following for each task: the task value, the amount billed for the billing period, the amount billed previously, the total to date, the per cent complete and the balance of the fees remaining. The individual task information must be summarized for the entire project. The Approved Change Order Amount, used and remaining balance of provisional and contingency amounts, Total Invoice Amount, Amount Previous Payment, Holdbacks, Taxes and Total Amount Payable are to be identified separately. Charges against the contingency allowance provided for by the City will not be permitted without prior written approval.

A.1.12.3 Supporting Documentation

1. For tasks billed on time based services to an Upset Limit, the invoice must identify the hours charged to each task by each staff, and the corresponding hourly rate and project role. Billing rates for staff and project roles must be consistent with those provided in the time task matrix within the Financial Proposal.

2. Billing rates for staff or project roles other than those identified in the Financial Proposal shall be submitted in writing for review and shall be subject to approval prior to the utilization of the personnel on the assignment.

3. With each invoice, the Consultant shall provide an updated budget tracking form identifying the approved budget, expenditure for the billing period, expenditure for previous month, percent spent and remaining balance for each project task. The budget tracking form shall track base scope services, provisional items and contingency allowances and follow the cost breakdown identified in the RFP and Consultant Agreement.

A.1.12.4 Disbursements

1. Unless stated otherwise in the RFP, disbursements will be paid pro-rated based on the value of the work performed during the billable period, as indicated in the Fee Proposal Submission Requirements, therefore back-up receipts are not required to be provided with the invoice.

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2. Where indicated in the RFP, certain disbursements shall be paid at cost. Allowable disbursements will be paid at cost subject to detailed expense sheets, copies of receipts, vehicle travel records, and all such documentation and materials needed in respect to such valid expenses to be provided as back up to the invoice.

A.1.12.5 Work Status Report Requirements

1. With each invoice, the Consultant shall provide a status report for the work completed for the billing period. The status report shall identify the overall project status, a brief description of the work completed for each task, percent complete, project-risk, proposed corrective actions, changes in the scope of work and project staffing, schedule update, expenditure update (budget tracking), cash flow projections and the work planned for the next billable period.

A.1.12.6 Statutory Declaration

1. With the request for final progress payment, the Consultant shall submit an original of the Statutory Declaration Schedule SD-F, certifying that the services performed and the disbursements claimed for the project were properly incurred in accordance with the provisions of the Consulting Services Agreement, and that no further invoices or claims will be made against the project. Note that the Statutory Declarations are required whether or not an engineering agreement is executed for the project. The Statutory Declaration is to be signed and sealed by a Commissioner of Oaths.

A.1.12.7 Audits

1. The proponent shall submit an accounting audit at the end of each phase of an assignment. If the assignment extends beyond a period of two years, audit reports are required at the end of the second year and at the end of each subsequent year in which services are performed. For more detailed information, refer to the engineering agreement, Section 2.

2. Financial report shall be performed by an external auditor duly licensed under the Public Accounting Act, 2004 (as amended) to the effect that in his/her opinion the charges set forth in such final statement are properly chargeable under the associated engineering agreement. The report shall be in the form prescribed by the Canadian Institute of Chartered Accountants (CICA) guidelines.

A.1.13 Project Cost Control

A.1.13.1 General

1. The Consultant is required to maintain effective project cost control when providing engineering services to the City. Project cost control means the monitoring and control of engineering fees and construction cost throughout the life of the project.

2. The Consultant shall provide written notice within 15 days for potential scope changes and/or cost overruns to the Project Manager to ensure that action can be taken to mitigate cost and/or other such action so that additional funding can be obtained for the project.

3. Where the Consultant does not exercise proper cost control and has incurred additional cost, the City of Toronto is not obligated to honour payment for such services.

A.1.13.2 Upset Limits

1. Consultants must not exceed the approved Upset Limit without first obtaining written approval from the City.

2. Where the Consultant has exceeded the Upset Limit without prior written approval of the City, the Consultant shall assume full responsibility for the cost of such services.

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3. The City accepts no responsibility for costs incurred by the Consultant for fees or additions to the contract cost where approval has not been granted for the inclusion of such work and fees to the project. If the Consultant is requested to provide engineering services which it believes to be outside the approved scope of work, the Consultant must identify the cost of the extra work and seek written approval from the City prior to commencement of the work.

A.1.13.3 Engineering Change Orders

1. All changes in engineering services provided by Consultants must be confirmed by Change Orders and authorized by the City.

2. The request for a Change Order must identify the following:

a) Description of scope change complete with rationale and time/task breakdown to undertake the work

b) Impact on Engineering Fees inclusive of disbursements

c) Impact on Schedule (working days)

d) Impact on Construction Cost (if applicable)

A.1.13.4 Contingency & Provisional Items

1. The contingency allowance is for potential extra work that may be required beyond the base scope work, and is subject to the approval of the City. Provisional items and allowances are for specific items as identified in the Agreement. Payments from the contingency or provisional allowance will only be made following issuance of a Change Order approved by the City.

END OF APPENDIX A.1

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APPENDIX A.2 – HEALTH AND SAFETY REQUIREMENTS

INCL. DESIGNATED SUBSTANCES ECS VERSION 1.0 – OCTOBER 2016

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TABLE OF CONTENTS

A.2 HEALTH AND SAFETY INCLUDING DESIGNATED SUBSTANCES ..................... 2

A.2.1 GENERAL REQUIREMENTS ............................................................................................................ 2

A.2.2 DESIGNATED SUBSTANCES (INCLUDING ASBESTOS) MANAGEMENT ................................................ 2

A.2.3 MANDATORY QUALIFICATIONS FOR CONSULTANTS UNDERTAKING DESIGNATED SUBSTANCES

SURVEYS..................................................................................................................................... 5

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A.2 HEALTH AND SAFETY INCLUDING DESIGNATED SUBSTANCES

A.2.1 General Requirements

A.2.1.1 The project shall comply with City requirements with respect to Health & Safety and Designated Substances Management.

A.2.1.2 Consultants who enter water and wastewater facilities or construction sites are likely to be exposed to chemical, biological and physical hazards.

A.2.1.3 The consultant is responsible for meeting the requirements of the Occupational Health & Safety Act and City Health & Safety Manual and the consultant is to review their safe work procedures with the City prior to undertaking any field work onsite.

A.2.1.4 The consultant’s staff on-site during any phase of the project must be knowledgeable of the governing safety regulations including, but not limited to, Industrial Regulations, Construction Regulations, Regulation Respecting Asbestos on Construction Projects and in Building Repair Operations, Diving Operations, Designated Substances, WHMIS, Workplace Safety & Insurance Act, Transportation of Dangerous Goods Act, Technical Standards & Safety Act, Highway Traffic Act, Fire Protection & Promotions Act, X-Ray Safety, Ministry of Labour, Regulations including but not limited to "Working at Heights" stands and "Confined Spaces" guidelines.

A.2.1.5 The consultant’s staff on-site during any phase of the project must possess written proof of competency such as appropriate training and experience in health and safety related activities applicable to the project (i.e. confined space entry, fall arrest, First Aid & CPR, Ladder & scaffolding training documentation, WHMIS training documentation, designated substances awareness and any other appropriate certificate required to be onsite).

A.2.1.6 WHMIS training, confined space awareness training, and 4-hour designated substances training, is mandatory for all consultant’s staff present on-site during any phase of the project. The City may request proof of training at any time.

A.2.1.7 For facilities where specific site orientation and security protocol exist, the consultant’s staff onsite during any phase of the project must attend a mandatory 2-hour health and safety orientation specific to the treatment plant site before undertaking any work onsite. Orientation must be updated on an annual basis. Staff must adhere to site security and emergency procedures at all times.

A.2.1.8 The Consultant is responsible for providing all necessary health & safety equipment for the protection of their staff, including gas detection, safety retrieval devices, and any ancillary equipment for confined space entries (CSEs) required for inspection purposes. Certification in CSE is a pre-requisite and experience in the use of self-contained breathing apparatus is also a requirement. The City will not provide equipment for use by the Consultant, including but not limited to ladders, fall arrest equipment, and gas detection equipment.

A.2.1.9 Note health and safety obligations with respect to geotechnical work and OHSA in Appendix A.7.

A.2.1.10 Prior to initiating any work onsite, the consultant must submit a letter on company letterhead, identifying hat all personnel engaged in the assignment have had appropriate training in accordance with this appendix.

A.2.2 Designated Substances (including Asbestos) Management

A.2.2.1 Designated Substances & Asbestos Surveys (DSL) – General

1. Comply with Ontario Regulation O. Reg. 490/09.

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2. In accordance with Part IV of the Ontario Occupational Health and Safety Act and Regulations, the City requires investigations and recommendations on the management of designated substances as defined under the Ontario Occupational Health & Safety Act. This includes the following Designated Substances:

Acrylonitrile Coke Oven Emissions Mercury

Arsenic Ethylene Oxide Silica

Asbestos Isocyanates Vinyl Chloride

Benzene Lead

3. In addition to the designated substances listed above the following materials are also to be included:

a) Polychlorinated biphenyls (PCBs);

b) Ozone-Depleting Substances;

c) Urea Formaldehyde Foam Insulation;

d) Man-made mineral fibres; and

e) Mould.

4. Where the scope of work refers to “Designated Substances”, this includes all of the items noted above.

A.2.2.2 Designated Substances Management – Scope of Services

1. Unless specifically instructed in the Request for Proposal, the Consultant shall be responsible to hire a qualified environmental sub-consultant as part of the design team to perform Designated Substances assessments, reports, and management for the project.

2. Unless specifically instructed in the Request for Proposal that a Designated Substances Survey and Report is not required, complete the Survey and Report in accordance with the requirements of the latest Ontario Occupational Health and Safety Act (OHSA) and Regulations.

3. The Consultant and sub-consultant shall review project requirements with the City, anticipate all areas that will be impacted by the project, and make all efforts to conduct destructive and non-destructive testing at the assessment stage so that, where possible, costs for Designated Substances, whether visible or hidden, can be factored into estimated project costs;

4. Inspect and sample area indicated and related equipment and services that are suspected of containing Designated Substances to establish whether any suspect material that is likely to be disturbed, handled or removed during the demolition work, contains Designated Substances. Destructive testing shall be performed only on equipment that is to be demolished and is not currently in service or can be temporarily taken out of service in coordination with the City. Obtain approval from the City prior to any destructive testing.

5. Carry out laboratory analysis of samples to determine type and percentage of Designated Substances.

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6. All sampled locations are to be labelled as to whether they contain or do not contain Designated Substances. They shall be labelled accordingly through the use of durable, high visibility labels at least three inches by one and a half inches in size and which properly and fully adhere to the surface (spray painting of locations is acceptable, and may be substituted for adhesive labels. High visibility paint in a distinctive colour is to be used). The labelling shall be performed during a separate site visit after the results of analysis have been received and the report has been reviewed at the 95% detailed design stage.

7. Prepare drawings and photographic documentation for all testing performed indicating type, location and extent of Designated Substances. Ensure that photographs of all sample locations are taken and that the inspector can trace the photograph back to the sample results and locations through use and coordination of labels, references, and site drawings.

8. Drawings prepared for the Designated Substances assessment shall be based on the design drawings for the project as prepared by the Consultant.

9. A Report shall be prepared that states whether Designated Substances containing material is likely to be disturbed, handled or removed during construction. If a material does contain Designated Substances, the Report shall state the type of Designated Substances, the approximate quantity present, and the recommended removal method. The Report shall be in full compliance with the requirements of Section 10 of Regulation 278/05 and shall include all noted Designated Substances.

10. The Report must include recommendations regarding remediation prior to tendering of the project construction contract.

11. The Report must include estimated costs for removal of Designated Substances based on estimated quantities, including requirements to meet OHSA.

12. The Report will be updated at various stages of the project as detailed below.

13. The Report shall be submitted to the City in accordance with standard submission requirements as defined in this RFP.

A.2.2.3 Designated Substances Management Work Scope Activities

1. Preliminary Design Phase

a) The environmental sub-consultant shall review previous Designated Substances Surveys or Designated Substances Reports available at the site to identify any gaps in the information required based on the preliminary scope of the project.

b) A preliminary list of identified Designated Substances within the scope area shall be prepared for review by the City.

2. 50% Detailed Design Phase – Draft Report

a) Provide an updated detailed drawing set and work scope to the environmental sub-consultant.

b) Carry out a detailed site survey as defined herein, including sampling and testing of all suspected Designated Substances.

c) Prepare the Report in accordance with A.2.2.2 including a site survey, sampling and analysis, and report generation.

d) The Consultant responsible for design who is fully conversant with the scope of work must walk the site with the environmental sub-consultant to identify project boundaries, specific items and equipment that will be impacted by the work.

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3. 95% Detailed Design Phase – Updated Draft Report

a) Re-confirm, in writing, that the scope of work matches the Designated Substances Report conducted at the 50% detailed design phase. Confirmation that the scope of work matches the Designated Substances assessment as detailed in the Report must be signed by the Consultant who is knowledgeable as to the scope of work.

b) Where the scope of work has changed relative to the Report, carry out addition testing, and update the Survey and Report as required to ensure that the scope of work matches the Designated Substances Report.

c) Label confirmed Designated Substances containing materials identified during the survey. Also label in the same manner all materials that are identified as not containing Designated Substances.

d) Prepare the Designated Substances Report for inclusion in the Tender Documents. The intent is to ensure that a comprehensive source of information is provided to the Contractor that covers all potential locations and materials impacted by the project.

e) Provide tender site drawings and a technical specifications that will include detailed protocol for:

1. Removal of Designated Substances required under the contract (if any).

2. Quantities of materials identified.

3. A strategy for dealing with any suspected Designated Substances (i.e. could not be tested for during design stage) or unanticipated Designated Substances found during construction.

4. Management in-place, as appropriate.

5. Provide technical support during the tendering process.

f) If abatement or remediation through a separate contract prior to construction is feasible, provide a detailed scope of work and site drawings for Designated Substances abatement and/or in-situ management, as well as technical support during tendering of abatement work.

g) If abatement and/or management is carried out through a separate contract prior to construction, the environmental sub-consultant shall provide monitoring and supervision of the work, and shall provide a signed clearance certificate upon completion.

4. Construction Phase – Final Report

a) If abatement and/or management is carried out through the construction phase, the environmental sub-consultant shall provide monitoring and supervision of the work, and shall provide a signed clearance certificate upon completion.

b) As scope changes occur throughout construction, provide updates as required to Designated Substances assessment, including testing, analysis, and updates to the Report.

c) At the completion of construction, update the Designated Substances Report to identify and detail all remaining Designated Substances within the scope of work area. Issue to the City as a Final Report.

A.2.3 Mandatory Qualifications for Consultants Undertaking Designated Substances Surveys

1. Consultants or sub-consultants completing designated substances and asbestos surveys for projects at Toronto Water facilities must fulfill the following mandatory requirements. Proof that the requirements are met must be provided to the City’s Project Manager, prior to any associated work proceeding:

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a) The firm must have a minimum five years' experience working on similar projects.

b) Principal or Senior Environmental Sub-Consultant must be a Certified Industrial Hygienist or Professional Engineer with mandatory ten years of directly related experience assessing and managing Designated Substances. All reports must be reviewed and signed by this individual.

A.2.3.2 Mandatory Qualifications for Laboratories being used for Designated Substances

1. The proposed laboratory must meet the following criteria:

a) Accredited under the National Institute of Standards and Technology (NIST) and the Canadian Association for Laboratory Accreditation (CALA). Submit sample lab report with the proposal. Submit the name and NVLAP number of the accredited Bulk Analysis Laboratory that is to be used for sample analysis.

b) For asbestos note the following:

1. Individuals performing air sample analysis should be personnel registered in a Proficiency Analytical Testing (PAT) program such as the following:

a) Asbestos Analyst Registry (AAR) of the American Industrial Hygiene Association (AIHA)

b) Canadian Analytical Laboratory Accreditation (CALA) PCM

c) IIRST

2. Samples must be analyzed using appropriate method for determination in accordance with the requirements detailed in O.Reg. 278/05

END OF APPENDIX A.2

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APPENDIX A.3 – REGULATORY APPROVALS ECS VERSION 1.0 – OCTOBER 2016

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TABLE OF CONTENTS

A.3 REGULATORY APPROVALS .................................................................................. 2

A.3.1 GENERAL .................................................................................................................................... 2

A.3.2 FEDERAL ..................................................................................................................................... 2

A.3.3 PROVINCIAL ................................................................................................................................. 2

A.3.4 MUNICIPAL AND OTHER AGENCY ................................................................................................... 3

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A.3 Regulatory Approvals

A.3.1 General

A.3.1.1 The Consultant will be required to liaise with the City and the approving agencies to: obtain all the required application forms; complete the forms and prepare any documentation requested by the approval agency; and present them to the City for execution, where necessary. The base scope also includes all communication by the Consultant with the approving agencies during the approval process until the approval is issued.

A.3.1.2 The City will pay for the cost of the application fees of all required approvals.

A.3.1.3 Where agreements must be executed between the City and the approving agencies, the Consultant shall advise the City in writing in a timely manner so that all such agreements can be executed by the City to avoid impact on project schedules.

A.3.1.4 The following sections outline approvals and permits that may be required depending on the project location and type of work. The City expects that the Consultant will determine and confirm for itself the specific approvals and permits that are required for the project.

A.3.2 Federal

1. Fisheries & Oceans Canada

a) Department of Fisheries and Oceans Act

b) Fisheries Act

2. Transport Canada

a) Department of Transport Act and Regulations

b) Government Property Traffic Act and Regulations

c) Navigable Waters Protection Act

3. Canadian National Railway

4. National Energy Board

A.3.3 Provincial

1. Ministry of Environment and Climate Change (MOECC)

a) Environmental Compliance Approval or License (Water, Sewage, Air, Waste)

b) Permit to Take Water

2. Ministry of Natural Resources (MNR) including SARA and Landowner Authorization to carry out work on Crown Land

3. Ministry of Transportation

4. The Boilers and Pressure Vessels Act Ontario (MCCR, TSSA)

5. Environmental Protection Act, Ontario Regulation 309

6. Environmental – Noise, Ontario Regulation NPC 205

7. Electrical Safety Authority (ESA)

8. Toronto Hydro / Power Stream

9. Ministry of Labour

10. Ministry of Tourism, Culture and Sports (MTCS) – Heritage and Archaeological Approval

11. Ontario Energy Board

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A.3.4 Municipal and other Agency

1. Digester Gas Code CAN/CGA-B105-M93

2. Technical Standards and Safety Authority (TSSA)

3. Toronto Region Conservation Authority (TRCA)

4. Transportation Services

a) Road cut permit

b) Street Occupancy Permit

c) RODARS Application for work and traffic closures at intersection(s)

5. Utility coordination, approvals and permits:

a) Toronto Hydro

b) Gas

c) Cable

d) Bell, Rogers, All stream, Cogeco and other telecom companies

e) TTC

f) Other Specific Utility crossing

6. City of Toronto Municipal By-Laws

7. Municipal Site Plan Letter of Approval - The City’s process for Site Plan Approval can take up to six (6) months to complete. The process timeline officially starts when the Building Permit application is submitted. Include in the scope of work for two (2) pre-consultation meetings with the City’s Building & Planning Departments to verify requirements and timelines needed for completion, prior to submittal of the Building Permit Application. Allow for the pre-consultation meetings and an application package satisfying the latest requirements of the Site Plan approval process.

8. Toronto Building:

a) Building Permit

b) Plumbing Permit

c) HVAC Permit.

d) Occupancy permit

END OF APPENDIX A.3

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APPENDIX B

RFP PROCESS TERMS AND CONDITIONS

1. Proponent’s Responsibility It shall be the responsibility of each Proponent: (a) to examine all the components of this RFP, including all appendices, forms and addenda; (b) to acquire a clear and comprehensive knowledge of the required services before submitting a

Proposal; (c) to become familiar, and (if it becomes a successful Proponent) comply, with all of the City’s

Policies and Legislation set out on the City of Toronto website at: http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=6281a73f0243b510VgnVCM10000071d60f89RCRD

The failure of any Proponent to receive or examine any document, form, addendum, Agreement or policy shall not relieve the Proponent of any obligation with respect to its Proposal or any Agreement entered into or Purchase Order issued based on the Proponent’s Proposal. 2. Prime Proponent A Proposal by a consortium of two or more entities may be submitted, but one person or company must be shown as the prime Proponent and be prepared to represent the consortium to the City by executing the Agreement, acting as the primary contact, and taking overall responsibility for performance of the Agreement. Where a Proposal is made by a prime Proponent with associate firms working with or under the prime Proponent in either a sub-contracting or consortium relationship, it is required that those associate firms be named in the Proposal. 3. City Contacts and Questions All contact and questions concerning this RFP should be directed in writing to the City employee(s) designated as “City Contact” in the Notice to Potential Proponents. No City representative, whether an official, agent or employee, other than those identified “City Contacts” are authorized to speak for the City with respect to this RFP, and any Proponent who uses any information, clarification or interpretation from any other representative does so entirely at the Proponent’s own risk. Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Proponent to bypass the RFP process may be grounds for rejection of its Proposal. From and after the date of this RFP until the time of any ensuing contract award, no communication with respect to this matter shall be made by any potential Proponent, or its representatives, including a third-party representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Proposal or oppose any competing Proposal, nor shall any potential Proponent, or its representatives, including a third party representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss the RFP or its Proposal with any City staff, City officials or Council member(s), other than a communication with the "City Contact" identified on page 1 on this RFP. Proponents should be aware that communications in relation to this RFP outside of those permitted by the applicable procurement policies and this RFP document contravene the Lobbying By-law, an offence for which a person is liable to a maximum fine of $25,000.00 on a first conviction and

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$100,000.00 on each subsequent conviction. In addition, the City's Supplier Code of Conduct provides that any Proponent found in breach of the policy may be subject to disqualification from the call or a future call or calls at the discretion of Council. Notwithstanding anything to the contrary as set out in this document, the obligations as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. For your information, please find below the links to the City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement: http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf http://www.toronto.ca/legdocs/municode/1184_140.pdf http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf 4. Addenda If the City, for any reason, determines that it is necessary to revise any part of this RFP or to provide additional information relating to this RFP, such information will be communicated to all Proponents by addenda. Each addendum shall form an integral part of this RFP. Such addenda may contain important information, including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by the City. All Proponents must acknowledge receipt of all Addenda in the space provided on the Proposal Submission Form. The City reserves the right to revise this RFP up to the Closing Deadline. If any addendum is issued after the Deadline for Issuing Addenda, the City may at its discretion extend the Closing Deadline for a reasonable amount of time. The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final Addendum (if any) no later than two (2) days prior to the Deadline. 5. Exceptions to Mandatory Requirements, Terms and Conditions If a Proponent wishes to suggest a change to any mandatory requirement, term or condition set forth in any part of this RFP, it should notify the City in writing not later than the deadline for questions. The Proponent must clearly identify any such requirement, term or condition, the proposed change and the reason for it. If the City wishes to accept the proposed change, the City will issue an Addendum as described in the article above titled Addenda. The decision of the City shall be final and binding, from which there is no appeal. Changes to mandatory requirements, terms and conditions that have not been accepted by the City by the issuance of an Addendum are not permitted and any Proposal that takes exception to or does not comply with the mandatory requirements, terms and conditions of this RFP will be rejected. 6. Omissions, Discrepancies and Interpretations A Proponent who finds omissions, discrepancies, ambiguities or conflicts in any of the RFP documentation or who is in doubt as to the meaning of any part of the RFP should notify the City in writing not later than the deadline for questions. If the City considers that a correction, explanation or interpretation is necessary or desirable, the City will issue an Addendum as described in the article above titled Addenda. The decision and interpretation of the City shall be final and binding, from which there is no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions of the RFP documents.

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7. Proponents Shall Bear Their Own Costs Every Proponent shall bear all costs associated with or incurred by the Proponent in the preparation and presentation of its Proposal including, if applicable, costs incurred for interviews, demonstrations, or any other activity that may be requested as part of the evaluation process or the process for the negotiation or execution of an Agreement with the City, as the case may be.

8. Limitation of Liability The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any Proponent prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the City of any Proposal, or by reason of any delay in acceptance of a Proposal, except as provided in this RFP. 9. Post-Submission Adjustments and Withdrawal of Proposals No unilateral adjustments by Proponents to submitted Proposals will be permitted. At any time throughout the RFP process, a Proponent may withdraw a submitted Proposal prior to the Closing Deadline. To effect a withdrawal, a notice of withdrawal must be sent to the City Contact and must be signed by an authorized representative of the Proponent. The City is under no obligation to return withdrawn Proposals. A Proponent who has withdrawn a Proposal may submit a new Proposal, but only in accordance with the terms of this RFP. 10. Binding Proposal

After the Closing Deadline each submitted Proposal shall be irrevocable and binding on Proponents for a period of 120 days.

11. Acceptance of Proposals The City shall not be obliged to accept any Proposal in response to this RFP. The City may, without incurring any liability or cost to any Proponent: (a) accept or reject any or all Proposal(s) at any time; (b) waive immaterial defects and minor irregularities in any Proposals; (c) modify and/or cancel this RFP prior to accepting any Proposal; (d) award a contract in whole or in part. The City is relying on the experience and expertise of the Proponent. The City reserves the right to disqualify any Proponent who has given inaccurate, incomplete, false or misleading information in the sole opinion of the City. Proponents and their Affiliated Persons that are currently on a City of Toronto suspended vendor list are not eligible for an award. 12. Verify, Clarify and Supplement When evaluating proposals, the City may request further information from the Proponent or third parties in order to verify, clarify or supplement the information provided in the Proponent's Proposal. The City may revisit and re-evaluate the Proponent’s Proposal or ranking on the basis of any such information. If the City makes a request to a Proponent for clarification of its Proposal, the Proponent will provide a written response accordingly, which shall then form part of the Proposal.

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If, in the opinion of the City, any Proponent has clearly misinterpreted the services or underestimated the hours or value of the services to be performed as reflected in its Proposal content and submitted price/fees, or all or any or any combination of them, then the City may reject its Proposal as not representative of the scope of the services). 13. No Incorporation by Reference The entire content of the Proponent's Proposal should be submitted in a fixed form and the content of websites or other external documents referred to in the Proponent's Proposal will not be considered to form part of its Proposal. 14. Unbalanced Bids (In this paragraph “Bid” refers to the Proposal) The City may reject a bid if it determines, in its sole discretion, that the bid is materially imbalanced. A bid is materially imbalanced when: (a) it is based on prices which are significantly less than cost for some items of work and prices which

are significantly overstated in relation to cost for other items of work; and (b) the City had determined that the proposal may not result in the lowest overall cost to the City even

though it may be the lowest submitted bid; or (c) it is so unbalanced as to be tantamount to allowing an advance payment. 15. Ownership and Confidentiality of City-Provided Data All correspondence, documentation and information provided by City staff to any Proponent or prospective Proponent in connection with, or arising out of this RFP, the Services or the acceptance of any Proposal: (a) is and shall remain the property of the City; (b) must be treated by Proponents and prospective Proponents as confidential; (c) must not be used for any purpose other than for replying to this RFP, and for fulfillment of any

related subsequent Agreement. 16. Ownership and Disclosure of Proposal Documentation (a) The documentation comprising any Proposal submitted in response to this RFP, along with all correspondence, documentation and information provided to the City by any Proponent in connection with, or arising out of this RFP, once received by the City:

i) shall become the property of the City and may be appended to the Agreement and/or Purchase Order with the successful Proponent;

ii) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"), and may be released, pursuant to that Act. (b) Because of MFIPPA, Proponents should identify in their Proposal material any scientific,

technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury.

(c) Each Proponent’s name at a minimum shall be made public. (d) Proposals will be made available to members of City Council provided that their requests have

been made in accordance with the City’s procedure and may be released to members of the public pursuant to MFIPPA.

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(e) The City will not return the Proposal or any accompanying documentation submitted by a Proponent.

17. Intellectual Property Rights Each Proponent warrants that the information contained in its Proposal does not infringe any intellectual property right of any third party and agrees to indemnify and save harmless the City, its staff and its consultants, if any, against all claims, actions, suits and proceedings, including all costs incurred by the City brought by any person in respect of the infringement or alleged infringement of any patent, copyright, trademark, or other intellectual property right in connection with their Proposal. 18. Failure or Default of Proponent If the Proponent, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Proponent under the terms of the RFP, the City may disqualify the Proponent from the RFP and/or from competing for future tenders or RFP issued by the City for a period of one year. In addition, the City may at its option either: (a) Consider that the Proponent has withdrawn any offer made, or abandoned the Agreement if the

offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void; or (b) Consider that the Proponent has abandoned any Agreement and require the Proponent to pay the

City the difference between its Proposal and any other Proposal which the City accepts, if the latter is for a greater amount and, in addition, to pay the City any cost which the City may incur by reason of the Proponent’s failure or default, and further the Proponent will indemnify and save harmless the City, its officers, employees and agents from all loss, damage, liability, cost, charge and expense whatever which it, they or any of them may suffer, incur or be put to by reason of such default or failure of the Proponent. The Proponent shall be ineligible to submit a new Proposal or bid for any Call that the City is required to reissue as a result of the Proponent's failure or default or where the City deems that the Proponent has abandoned the Agreement.

19. Publicity The Proponent and its affiliates, associates, third-party service providers, and subcontractors shall not release for publication any information in connection with this RFP or any Agreement without prior written permission of the City. 20. Selection of Top-Ranked Proponent(s) The top-ranked Proponent(s), as established under the evaluation that are selected by the City to enter onto an agreement pending award will be so notified by the City in writing.

21. Notification to Other Proponents Once the recommended Proponent(s) is notified of their selection, the other Proponents will be notified by the City in writing of the outcome of the RFP process.

22. Debriefing Proponents may request a debriefing after receipt of a notification of the outcome of the selection process. All requests must be in writing to the City Contact and must be made within sixty (60) days of notification of the outcome of the selection process. The intent of the debriefing information session is to aid the

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Proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the RFP process. 23. No Contract until Execution of Written Agreement No legal relationship or obligation regarding the procurement of any good or service shall be created between the Proponent and the City by the RFP process until the selection of the Proponent to provide the Deliverables pursuant to an Agreement. 24. Cancellation The City may cancel or amend the RFP process without liability at any time. 25. Bid Protest Procedure (a) Pre-award bid disputes. Proponents should seek a resolution of any pre-award dispute by communicating directly with the City Contact as soon as possible from the time when the basis for the dispute became known to them. The City Contact may delay the outcome of the selection process, or any interim stage of this RFP process, pending the acknowledgement and resolution of any pre-award dispute. For more information, see the Pre-Award and Post-Award Bid Dispute Procedure. (b) Post-award bid disputes. Any dispute to the outcome of this RFP process must be received in writing by the City Contact no later than ten (10) days after the date of the notification of the outcome of the selection process, or where a debriefing has been requested, no later than five (5) days after such debriefing is received. Any dispute that is not timely received or in writing will not receive further consideration. Any written dispute with a procurement value over $100,000 that cannot be resolved by the City Contact through consultations with the Proponent, shall be referred to the Treasurer or their designate(s) for an impartial review, based on the following information: i. A specific description of each act or omission alleged to have materially breached the procurement process; ii. A specific identification of the provision in the solicitation or procurement procedure that is alleged to have been breached; iii. A precise statement of the relevant facts; iv. An identification of the issues to be resolved; v. The Proponent's arguments, including any relevant supporting documentation; and vi. The Proponent's requested remedial action. The Treasurer or their designate(s), in consultation with the City Solicitor, may: i. Dismiss the dispute; ii. Accept the dispute and direct the City Contact to take appropriate remedial action, including, but not limited to, rescinding the award and any executed contract, and canceling the solicitation. For more information, see the Pre-Award and Post-Award Bid Dispute Procedure.

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26. Supplier Code of Conduct (a) Honesty and Good Faith

Proponents must respond to the City's RFP in an honest, fair and comprehensive manner that accurately reflects their capacity to satisfy the requirements stipulated in the RFP. Proponents shall submit a Proposal only if they know they can satisfactorily perform all obligations of the contract in good faith. Proponets shall alert the Buyer to any factual errors, omissions and ambiguities that they discover in the RFP as early as possible in the process to avoid the RFP being cancelled.

(b) Confidentiality and Disclosure Proponents must maintain confidentiality of any confidential City information disclosed to the Proponent as part of the RFP.

(c) Conflicts of Interest and Unfair Advantage Proponents must declare and fully disclose any actual or potential conflict of interest or unfair advantage related to the preparation of their bid or where the Proponent foresees an actual or potential conflict of interest in the performance of the contract.

(d) Collusion or Unethical Bidding Practices No Proponent may discuss or communicate, directly or indirectly, with any other Proponent or their Affiliated Persons about the preparation of their Bid including, but not limited to, any connection, comparison of figures or arrangements with, or knowledge of any other supplier making a submission for the same work. Proponents shall disclose to the Buyer any affiliations or other relationships with other Proponents that might be seen to compromise the principle of fair competition, including any proposed subcontracting relationships.

(e) Illegality A Proponent shall disclose to the Buyer any previous convictions of itself or its Affiliated Persons for collusion, bid-rigging, price-fixing, bribery, fraud or other similar behaviours or practices prohibited under the Criminal Code, the Competition Act or other applicable law, for which they have not received a pardon.

(f) Interference Prohibited No Proponent may threaten, intimidate, harass, or otherwise interfere with any City employee or public office holder in relation to their procurement duties. No Proponent may likewise threaten, intimidate, harass, or otherwise interfere with an attempt by any other prospective Proponent to bid for a City contract or to perform any contract awarded by the City.

(g) Gifts of Favours Prohibited No Proponent shall offer gifts, favours or inducements of any kind to City employees or public office holders, or otherwise attempt to influence or interfere with their duties in relation to the RFP or management of a contract.

(h) Misrepresentations Prohibited Proponents are prohibited from misrepresenting their relevant experience and qualifications in relation to the RFP and acknowledge that the City's process of evaluation may include information provided by the Proponent's references as well as records of past performance on previous contracts with the City or other public bodies.

(i) Prohibited Communications No Proponent, or Affiliated Person, may discuss or communicate either verbally, or in writing, with any employee, public office holder, or the media in relation to any solicitation between the time of the issuance

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of the RFP to the award and execution of final form of contract, unless such communication is with the Buyer and is in compliance with Chapter 140, Lobbying of the Municipal Code.

(j) Failure to Honour Bid Proponents shall honour their Bid, except where they are permitted to withdraw their bid in accordance with the process described in the RFP. Proponents shall not refuse to enter into a contract or refuse to fully perform the contract once their bid has been accepted by the City.

(k) Proponent Performance Proponents shall fully perform their contracts with the City and follow any reasonable direction from the City to cure any default. Proponents shall maintain a satisfactory performance rating on their Contracts with the City and other public bodies to be qualified to be awarded similar contracts.

(l) Disqualification for Non-Compliance with Supplier Code of Conduct Proponents shall be required to certify compliance with the Supplier Code of Conduct in the RFP Submission Form 1 (Appendix C), with their Bid and verify compliance, upon request from the Buyer, prior to award. Any contravention of the Supplier Code of Conduct by a Proponent, including any failure to disclose potential conflicts of interest or unfair advantages, may be grounds for the Chief Purchasing Official to disqualify a Proponent from the RFP and suspend the Proponent from future procurements.

27. Governing Law and Interpretation The terms and conditions in this Appendix A - Terms and Conditions of RFP Process: (a) are included for greater certainty and intended to be interpreted broadly and separately (with no particular provision intended to limit the scope of any other provision); (b) are non-exhaustive (and shall not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations); and (c) are to be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.

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APPENDIX C

STANDARD SUBMISSION FORMS

FORM 1: Proposal Submission Form – Mandatory

FORM 2: Notice of No Submission – If Applicable

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FORM 1

PROPOSAL SUBMISSION FORM

REQUEST FOR PROPOSAL (RFP) NO. 9117-17-7100 FOR: DESIGN/BUILD/EXECUTE CLEANING OF THE ISLAND WATER TREATMENT PLANT'S DEEP WATER INTAKES CLOSING: JANUARY 24, 2018, 12:00 NOON (LOCAL TORONTO TIME)

PROPONENT INFORMATION

Please complete following form, and name one (1) authorized person to be the contact for the procurement process and for any clarifications or amendments that might be necessary.

Full Legal Name of Proponent:

Any Other Trade Name under Which the Proponent Carries on Business:

Street Address:

City, Province/State:

Postal Code:

Phone Number:

Fax Number:

Company Website (If Any):

Contact Person and Title:

Contact Phone:

Contact Facsimile:

Contact E-mail:

1. REQUEST FOR PROPOSAL TERMS, CONDITIONS AND SPECIFICATIONS

By signing this form the Proponent agrees that if selected to provide the goods and/or services described in this Request for Proposal document, they will provide those goods and/or services in accordance with the terms, conditions, and specifications contained in the Request for Proposal document and in accordance with the Proponent's proposal submission.

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2. POLICIES The Proponent has read, understood and agrees to comply with the policies, practices and statements found on the City’s website at the following link: http://insideto.toronto.ca/purchasing/index.htm Without limiting the Proponent's acknowledgement of the City's general procurement policies, by signing this form, the Proponent acknowledges and certifies that the Proponent, and any of its proposed subcontractors, will provide the goods and/or services in compliance with the following specific policies:

3. 1 POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST Did you, the proponent, assist the City of Toronto in the preparation of this Request for Proposal call? Specify: Yes _______ No _________ For a copy of the City of Toronto Policy, visit the website: POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST

3.2 RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO EMPLOYEES FOR CITY CONTRACTS Proponents are to state the name(s) of any former City of Toronto management employee(s) hired/used by your firm, if any, who have left the employ of the City or its special purpose bodies within the last two years. Specify: _________________________________________________________________ This policy will be considered in the evaluation of all submissions received by the City of Toronto in addition to any other potential conflicts of interest and unfair advantages identified in the RFP. For a copy of the City of Toronto Policy, visit the website: RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT EMPLOYEES FOR CITY CONTRACTS 3.3 RIGHT TO REJECT DEBTORS AND SET OFF POLICY For a copy of the City of Toronto Policy, visit the website: RIGHT TO REJECT DEBTORS AND SET OFF POLICY

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3.4 ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT For a copy of the City of Toronto Environmentally Responsible Procurement Policy, visit the website: ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT State if environmentally preferred products/service is being offered: YES______ NO______ State briefly the environmental benefit of the product/service offered: __________________________________________________________________________ __________________________________________________________________________

3.5 DECLARATION OF COMPLIANCE WITH ANTI-HARASSMENT/DISCRIMINATION LEGISLATION & CITY POLICY Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity. The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council. Declaration:

I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract.

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3.6 DECLARATION OF COMPLIANCE WITH THE CITY OF TORONTO FAIR WAGE AND LABOUR TRADES POLICY By signing this form, the proponent acknowledges and certifies that the proponent, and any of its proposed subcontractors, will provide the services in compliance with the City's Fair Wage and Labour Trades Policy. The policy and schedules are available on the Fair Wage Office website – www.toronto.ca/fairwage

3.7 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING REQUIREMENTS POLICY For a copy of the City of Toronto Policy, visit the website: ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING REQUIREMENTS POLICY

3. OTHER CONFLICT OF INTERESTS OR PROHIBITED CONDUCT The City may prohibit a proponent from participating in a procurement process, or from being awarded a contract based on past performance or based on inappropriate conduct in a prior procurement process or resulting contract, and such inappropriate conduct shall include but not be limited to the following:

(a) the submission of quotations containing misrepresentations or any other inaccurate, misleading or incomplete information;

(b) the refusal of the proponent to honour its pricing or other commitments made in a proposal or bid; (c) the proponent has communicated or entered into an agreement or arrangement with other

proponents or suppliers in relation to this procurement process without the knowledge of the City's Chief Purchasing Official;

(d) the proponent or its affiliated persons have previous convictions for collusion, price fixing, bribery, fraud or similar behaviour or practices prohibited by applicable law;

(e) the proponent has threatened, intimidated or harassed other prospective suppliers or City staff in relation to an existing or proposed City contract;

(f) the proponent has offered gifts or favours (including employment) to City staff, Councillors or other officials which might influence or interfere with their official duties with the City;

(g) the proponent or any persons retained by the proponent has attempted to communicate or lobby any City staff or Councillors to obtain a contract, except for such communications as are explicitly permitted with the Chief Purchasing Official under the City's Lobbyist Registry By-law; or

(h) any other conduct, situation or circumstance, as solely determined by the City, that constitutes a Conflict of Interest.

For the purposes of this section, the term “Conflict of Interest” means

(a) in relation to the procurement process, the proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the City in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the procurement process (including but not limited to the lobbying of decision makers involved in the procurement process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the procurement process; or

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(b) in relation to the performance of its contractual obligations contemplated in the contract that is the subject of this procurement, the proponent’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations.

If the box below is left blank, the proponent will be deemed to declare that (a) there was no Conflict of Interest or other prohibited conduct in connection with preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the procurement process. The proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the procurement. If the proponent declares an actual or potential Conflict of Interest or any prohibited conduct, the proponent must set out the details below:

The following individuals, as employees, advisers, or in any other capacity (a) participated in the preparation of our proposal; AND (b) were employees of the City and have ceased that employment within twenty four (24) months prior to the Submission Deadline:

Name of Individual: Job Classification: Department: Last Date of Employment with the City: Name of Last Supervisor: Brief Description of Individual’s Job Functions: Brief Description of Nature of Individual’s Participation in the Preparation of the Proposal:

(Repeat above for each identified individual. Proponents may include this information on a separate sheet if more space is required) The proponent agrees that, upon request, the proponent shall provide the City with additional information from each individual identified above in a form prescribed by the City.

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4. DISCLOSURE OF INFORMATION The proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or if required by order of a court or tribunal. The proponent hereby consents to the disclosure, on a confidential basis, of this proposal by the City to the City’s advisers retained for the purpose of evaluating or participating in the evaluation of this proposal. The proponent shall provide the City with ongoing disclosure, should the proponent be awarded a contract and any of the information provided above change.

5. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA BY NUMBER AND ISSUE DATE I/WE ACKNOWLEDGE THE RECEIPT OF: ADDENDUM No(s). TO DATED TO

SIGNATURE OF AUTHORIZED SIGNING OFFICER _______________________________________________________________________________________ PRINTED NAME OF SIGNING OFFICER

I have authority to bind the proponent and attest to the accuracy of the information provided in this proposal.

THIS FORM MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL OR YOUR PROPOSAL WILL BE DECLARED NON-COMPLIANT.

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IMPORTANT - PLEASE READ THIS It is important to the City of Toronto to receive a reply from all invited Proponents. There is no obligation to submit a Proposal; however, should you choose not to submit, completion of this form will assist the City in determining the type of services you are interested in submitting a Proposal in the future. INSTRUCTIONS: If you are unable, or do not wish to submit a Proposal on this Request for Proposals, please complete the following portions of this form. State your reason for not submitting a Proposal by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Request for Proposals documents. 1. We do not offer this service. Other reasons or additional comments. 2. We do not offer services to these requirements. 3. Unable to offer services competitively. 4. Cannot handle due to present commitments. 5. Quantity/project too large. 6. Cannot meet delivery/completion requirements. 7. Licensing restrictions. Do you wish to participate in Request for Proposals for services in the future? YES ____ NO ____

For City’s use only - Do not write in this space. Company Name:

Address:

Signature of Company Representative:

Position:

Date: Tel. No.: Fax No.:

Send by email: [email protected]

FORM 2

NOTICE OF “NO SUBMISSION”

RFP # : 9117-17-7100 PV

CLOSING DATE: JANUARY 24, 2018

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Appendix D

Supplementary Conditions to CCDC14-2013 Stipulated Price Contract

RFP No. 9117-17-7100

The CCDC 14-2013 Design-Build Stipulated Price Contract constitutes the General Conditions of Contract. The terms and conditions of the CCDC 14-2013 Stipulated Price Contract are modified by the

City of Toronto's Supplementary Conditions to CCDC 14-2013 Stipulated Price Contract "Supplementary Conditions"), attached here as Section 4.

CCDC 14-2013 is published by the Canadian Construction Documents Committee ("CCDC") and is available for purchase at: http://www.ccdc.org/WhereToBuy/WhereToBuy.html

The Successful Bidder shall acquire the necessary copyright seal from CCDC and affix the seal on the cover page of CCDC 14 at the time it executes the CCDC 14 form of agreement.

CITY OF TORONTO

SUPPLEMENTARY CONDITIONS TO CCDC 14-2013

STIPULATED PRICE CONTRACT

November 2017

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Appendix D

Supplementary Conditions to CCDC14-2013 Stipulated Price Contract

RFP No. 9117-17-7100

CITY OF TORONTO

SUPPLEMENTARY CONDITIONS TO CCDC 14-2013

STIPULATED PRICE CONTRACT

November 2017

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SUPPLEMENTARY CONDITIONS

These Supplementary Conditions modify, delete and/or add to the Agreement between Owner and

Design-Builder, the Definitions, and the General Conditions of the Design- Build Stipulated Price

Contract, Standard Construction Document CCDC 14 – 2013.

Where any article or paragraph in the CCDC 14 – 2013 document is supplemented by one of the

following, the provisions of such article or paragraph shall remain in effect and the supplemental

provisions shall be considered as added thereto. Where any article or paragraph in the CCDC 14 – 2013

document is amended, deleted or superseded by any of the following, the provisions of such article or

paragraph not so amended, deleted or superseded shall remain in effect.

The Design-Build Stipulated Price Contract, Standard Construction Document CCDC 14 – 2013, is

amended as follows:

SC 1. AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER

SC 1.1 ARTICLE A-3 CONTRACT DOCUMENTS

1.1.1 Amend paragraph 3.1 by adding the following items after "General Conditions of this Contract":

"–Supplementary Conditions of this Contract

–Specific Conditions of this Contract"

SC 1.2 ARTICLE A-5 PAYMENT 1.2.1 Paragraph 5.3 is deleted.

SC 1.3 ARTICLE A-9 TIME IS OF THE ESSENCE 1.3.1 Add a new Article A-9, “TIME IS OF THE ESSENCE”, as follows:

“ARTICLE A-9 TIME IS OF THE ESSENCE

9.1 The Design-Builder represents and warrants that it will attain Substantial Performance of the Work by the

date stipulated in paragraph 1.3 of Article A-1 of the Agreement – DESIGN SERVICES AND THE WORK,

and acknowledges that it has been advised by the Owner that it is critical to the Owner that Substantial

Performance of the Work is attained by such date. The Design-Builder agrees that time shall be of the essence in the performance of the Design- Builder’s obligations under this Contract.”

SC 2. GENERAL CONDITIONS OF THE DESIGN-BUILD STIPULATED

PRICE CONTRACT

SC 2.1 GC 1.1 CONTRACT DOCUMENTS

2.1.1 Amend paragraph 1.1.3 by adding the following to the end of that paragraph:

“The intent of the Contract Documents is to include all labour, Products, materials, Construction Equipment

and services necessary or normally considered necessary for the performance of the Work in accordance with

the Contract Documents. Any item of Work mentioned in the Contract Documents or reasonably inferable

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from the Contract Documents but not otherwise shown or described, shall be provided by the Design-Builder

as if shown or otherwise described or inferable. Any items omitted from the Contract Documents which are

reasonably necessary or inferable for the completion of the Work, or related work, shall be considered a

portion of the Work and included in the scope of Work to be performed under this Contract.”

2.1.2 Delete paragraphs 1.1.7 to 1.1.10.

2.1.3 Delete paragraph 1.1.10.

SC 2.2 GC 1.3 RIGHTS AND REMEDIES 2.2.1 Add a new paragraph 1.3.3 as follows:

“1.3.3 To be effective, a waiver of a right, remedy, duty or obligation under this Contract must be expressly written

by an authorized representative of the party. For greater certainty, actions of the Owner which shall not

constitute a waiver include, but are not limited to, the following:

.1 making partial payments to the Design-Builder;

.2 any partial or entire use or occupancy of the Project by the Owner;

.3 final acceptance of the Work by the Owner;

.4 failure of the Owner or its representatives to object to known defects;

.5 specifying a list of defects, which will not be held a waiver of defects not listed.”

SC 2.3 GC 1.4 ASSIGNMENT 2.3.1 Delete paragraph 1.4.1 and replace it with the following:

“1.4.1 The Design-Builder shall not assign the Contract or any portion thereof or its interest therein without the

written consent of the Owner, which consent may be unreasonably and arbitrarily withheld. In the event of an

assignment of the Contract by the Design-Builder, such assignment shall not relieve the Design-Builder from

its obligations and liabilities hereunder.”

SC 2.4 GC 1.5 CONFIDENTIALITY 2.4.1 GC 1.5 CONFIDENTIALITY is deleted in its entirety and replaced with GC 1.5 CONFIDENTIALITY /

RIGHT OF OWNERSHIP as follows:

GC 1.5 RIGHT OF OWNERSHIP/CONFIDENTIAL INFORMATION

1.5.1 Any item, including tangible and intangible property, created, prepared or purchased by the

Design-Builder or any person on its behalf in connection with this Agreement and charged to the

Owner’s account, including all original written materials, programs, card decks, tapes, disks,

listings, books, reports, drawings, maps plans, and all other documents, items, materials and

information,

a) is and shall be deemed and shall remain the sole and absolute property of the Owner,

including all copyright therein and rights of use and reproduction, without the payment of any

additional compensation by the Owner to the Design-Builder; and

b) shall be delivered to the Owner upon completion of the Work or other termination of this

Agreement, whichever occurs first, or as otherwise directed by the Owner.

1.5.2 All proprietary rights in, connected with or arising out of, the ideas, concepts, know-how,

techniques, computer data or programming developed by the Design-Builder or the Design-

Builder's personnel, or by the Design-Builder or the Design-Builder's personnel and the Owner

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and its personnel jointly, during the course of this Agreement relating to the Design Services and

Work provided under this Agreement shall be the sole and absolute property of the Owner and

shall be treated as trade secrets to which the City alone is entitled, with the concomitant duty of

confidentiality and non-disclosure. The Design-Builder shall obtain all necessary assignments of

copyright and waivers of moral rights in all Services and related goods to be delivered to the

Owner in accordance with this Agreement and shall provide satisfactory proof thereof to the

Owner upon request.

1.5.3 The Design-Builder acknowledges that any item, document or other matter which is the property

of the Owner, or in which the Owner has proprietary rights, pursuant to subsections 1.5.1, and

1.5.2 of this section and the information contained therein are the property of the Owner having

been developed in confidence for the Owner for its own and sole use.

1.5.4 Any documents, data or other information obtained from the Owner or prepared by the Design-

Builder for the Owner shall be disclosed only to those of the Design-Builder's employees, agents

or subcontractors who have a "need to know" for purposes of assisting the Design-Builder in the

performance of the Design Services and Work.

1.5.5 The Design-Builder shall not use, disclose, disseminate or reproduce or in any way making known

to third parties or to the public any confidential information of the Owner communicated to or

acquired by the Design-Builder in the course of carrying out the Services, except:

a) as may be strictly required for the purposes of carrying out the Design Services and

Work, or

b) as expressly permitted in advance by the Owner in writing, or

c) as may be required by law to be disclosed pursuant to a court or tribunal order or other

legal compulsion and, if so compelled, the Design-Builder shall only furnish the portion of the

Owner's confidential information that it is legally required to furnish. Where the Design-Builder is

required by law to disclose any such documents, data or information, the Consultant shall

promptly notify the Owner upon such legal requirement being imposed to permit the Owner an

opportunity to seek an order or other remedy to prohibit or restrict such disclosure.

1.5.6 The Design-Builder shall deliver to the Owner, upon completion of the Work, any computer data

or program used by the Design-Builder in performing the Design Services and Work and paid for

by the Owner, subject to any third party proprietary rights with respect to any computer data or

program used by the Design-Builder but which was developed by a third party with resources

unrelated to this Agreement which may be purchased or licensed directly by the Owner, at the

Owner's option.

1.5.7 The Design-Builder shall return forthwith and without demand all confidential information of the

Owner as may be in documentary form or recorded electronically or otherwise upon the

termination of its services.

1.5.8 Any reports or other documentation delivered to the Owner by the Design-Builder shall become

the property of the Owner and may be subject to disclosure under the terms of the Municipal

Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 (the “MFIPPA”).

While the Owner is not responsible for the interpretation of any of the provisions of MFIPPA, if

the Design-Builder believes that any part of the reports or other documentation delivered to the

Owner reveals any trade secret, intellectual property right or any scientific, technical, commercial,

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financial or other similar information belonging to the Design-Builder and the Design-Builder

wishes the Owner to attempt to preserve the confidentiality of the trade secret, intellectual

property right or information, the trade secret, intellectual property right or information must be

clearly and specifically designated as confidential.

SC 2.5 GC 2.1 OWNER’S INFORMATION 2.5.1 Amend paragraph 2.1.2 by inserting the words “after execution of this Contract” after the words “by or on

behalf of the Owner” in the second line of that paragraph.

SC 2.6 GC 2.2 ROLE OF THE OWNER 2.6.1 Amend paragraph 2.2.1 by adding the following to the end of that paragraph:

"For clarity, wherever it applies to obligations of the Owner, use of the word "promptly" in this

Contract shall be interpreted in the context of the Owner's status as a public institution that has

specific administrative requirements for approvals and decision-making, which may include a

requirement to seek authorization from Toronto City Council."


“If, in the opinion of the Design-Builder, a Supplemental Instruction involves an adjustment to the Contract

Price or the Contract Time, the Design-Builder shall, within three (3) Working Days of receipt of the

Supplemental Instruction, provide the Owner with a written notice to that effect and shall await further

instructions. The Design-Builder’s failure to provide such written notification within the time stipulated in

this paragraph shall be deemed an acceptance of the Supplemental Instruction by the Design-Builder without

adjustment to the Contract Price or Contract Time.”

SC 2.7 GC 2.4 ROLE OF THE PAYMENT CERTIFIER 2.7.1 Amend paragraph 2.4.1 by adding the following to the end of that paragraph:

"The Payment Certifier may be an employee of the Owner, the City of Toronto."

2.7.2 Amend paragraph 2.4.8 by deleting the words “against whom the Design-Builder makes no reasonable

objection and” in the second line of that paragraph.

SC 2.8 GC 2.5 OWNER’S REVIEW OF THE DESIGN AND THE WORK 2.8.1 Amend paragraph 2.5.1 by replacing the word "days" with "Working Days"

2.8.2 Amend paragraph 2.5.5 by adding the following to the end of the second sentence:

“, and there shall be no extensions of the Contract Time resulting from any delay caused by such examination and

correction.”

SC 2.9 GC 2.6 WORK BY OWNER OR OTHER CONTRACTORS 2.9.1 Delete paragraphs 2.6.2.1 and 2.6.2.2.

2.9.2 Amend paragraph 2.6.3.2 by deleting the semi-colon towards the end of that paragraph and adding the

following after the words “schedules and”:

“co-ordinate and schedule the activities and work of other contractors retained directly by the Owner and the

activities and work of the Owner’s own forces with the Work of the Design-Builder and connect as specified

or shown in the Contract Documents;”

2.9.3 Amend paragraph 2.6.3.3 by adding the following to the end of that paragraph:

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“Failure by the Design-Builder to so report shall invalidate any claims against the Owner by reason of the

deficiencies in the work of other contractors or Owner’s own forces except those deficiencies not then

reasonably discoverable.”

2.9.4 Add a new paragraph 2.6.3.4 as follows:

“2.6.3.4 with respect to all activities performed at the Place of the Work, assume overall responsibility for

coordination of the work of other contractors retained directly by the Owner and for the work of the Owner’s

own forces for compliance with all aspects of the applicable health and construction safety legislation at the

Place of the Work, including all related rules, regulations and practices on the Project.”


“With respect to all activities performed at the Place of the Work, the Design-Builder shall assume overall

responsibility for the work of other contractors retained directly by the Owner and for the work of the

Owner’s own forces for compliance with all aspects of the applicable health and construction safety

legislation at the Place of the Work, including all related rules, regulations and practices on the Project.”

2.9.6 Add a new paragraph 2.6.7 as follows:

“2.6.7 If the Design-Builder is of the view that the work of other contractors or the work of the Owner’s own forces

will compromise, void or nullify any of the warranties to be provided pursuant to this Contract, the Design-

Builder shall forthwith give Notice in Writing to the Owner and shall include in such notice the reasons why,

in the Design-Builder’s view, a warranty or warranties will be compromised, voided or nullified, together

with the Design-Builder’s recommendations for avoiding such result.”

SC 2.10 GC 3.1 CONTROL OF THE DESIGN SERVICES AND THE WORK 2.10.1 Amend paragraph 3.1.2 by adding the following to the end of that paragraph:

“and for co-ordinating the various parts of the Work, and shall make reasonable efforts to co-ordinate the

Work so as not to interfere with, interrupt, obstruct, delay or otherwise affect, the work of others.”

2.10.2 Add a new paragraph 3.1.2A as follows:

“3.1.2A Without limiting the Design-Builder’s obligations under paragraphs 3.1.1 and 3.1.2, the Design- Builder shall

fully incorporate and comply with all policies, procedures, and by-laws of the Owner, including the Owner’s

safety rules and regulations, which are relevant to any activity to be performed under the Contract. The

Design-Builder shall inquire from the Owner if such policies, procedures, rules and regulations exist and the

Owner agrees that it will use reasonable efforts to communicate to the Design-Builder all relevant policies,

procedures, rules and regulations.”

2.10.3 Add a new paragraph 3.1.4.3 as follows:

“3.1.4.3 require the Consultant to prepare and submit to the Owner record drawings. Such record drawings shall be in

both AutoCAD and paper form or as may be acceptable to the Owner.”

2.10.4 Amend paragraph 3.1.6 by deleting the word "and" immediately preceding both instances of the term

"Other Consultants" and by adding the words "and any Subcontractors and Suppliers retained by the

Design-Builder to perform the Design Services and Work" after both instances of the term "Other

Suppliers".


“and shall cause the Consultant and Other Consultants to re-perform, without additional compensation and at

no charge to the Owner, any Design Services not meeting this standard.”


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“The Design-Builder shall perform the Design Services and the Work in accordance with modern practice

and shall employ only good workmanship subject to specific requirements of the Contract Documents, and in

accordance with applicable laws, ordinances, rules, regulations or codes relating to the performance of the

Design Services and the Work. Without limiting the generality of the foregoing, the Design-Builder is

responsible for the intermeshing of the various parts of the Work so that no part shall be left in an unfinished

or incomplete condition owing to any disagreement between the Consultant and Other Consultants, or various

Subcontractors, or between any of the Subcontractors and the Consultant or any Other Consultants or the

Design-Builder as to where the services or the work of one begins or ends with relation to the services or the

work of the other.”

SC 2.11 GC 3.2 DESIGN-BUILDER’S REVIEW OF OWNER’S STATEMENT OF

REQUIREMENTS OR OTHER INFORMATION 2.11.1 Amend paragraph 3.2.1 as follows:

(a) by inserting the words “review the Owner’s Statement of Requirements or other information

provided by or on behalf of the Owner and shall” after the words “The Design-Builder shall”, in

the first line of that paragraph; and

(b) by adding the following sentence at the end of that paragraph:

“The review by the Design-Builder under paragraph 3.2.1 shall meet the standard of care described in

paragraph 3.14.1 of GC 3.14 – PERFORMANCE BY THE DESIGN-BUILDER”

2.11.2 Delete paragraph 3.2.2 and replace it with the following:

“3.2.2 Provided it has exercised the degree of care and skill described in paragraph 3.2.1, the Design-Builder shall

not be liable for damages or costs resulting from such errors, inconsistencies or omissions in the Owner’s

Statement of Requirements or other information provided by or on behalf of the Owner prior to the execution

of the Contract which the Design-Builder did not discover, through the review undertaken in accordance with

paragraph 3.2.1.”

SC 2.12 GC 3.4 OTHER CONSULTANTS, SUBCONTRACTORS AND

SUPPLIERS 2.12.1 Add a new paragraph 3.4.1.5 and 3.4.1.6 as follows:

“3.4.1.5 ensure that all Other Consultants, Subcontractors and Suppliers, and anyone employed or engaged by them

directly or indirectly, have the qualifications, technical skills, levels of experience and knowledge required

(including with respect to all applicable health and safety rules and regulations), and all applicable permits,

licenses and approvals necessary, to discharge the work and services to be performed by them in accordance

with the terms of the Contract.

3.4.1.6 at all times ensure full compliance with all of the Owner's polices including without limitation the Owner's

Fair Wage Policy and the Owner's collective agreements."

2.12.2 Add a new paragraph 3.4.1A immediately before paragraph 3.4.2 as follows:

“3.4.1A Except where the Owner objects before signing the Contract, the Design-Builder shall employ the

Consultant, Other Consultants, Subcontractors and Suppliers identified by the Design- Builder in its proposal

submitted to the Owner in response to the request for proposals for the Project. The Design-Builder shall not

change such Consultant, Other Consultants, Subcontractors and Suppliers without the prior written approval

of the Owner, which may be unreasonably and arbitrarily withheld.”

2.12.3 Amend paragraph 3.4.4 by deleting the words “and Contract Time” in the second line of that paragraph.

2.12.4 Add new paragraphs 3.4.6, 3.4.7, 3.4.8 and 3.4.9:

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"3.4.6 The Design-Builder shall preserve and protect the rights of the Owner with respect to that part of

the Design Services or Work to be performed under subcontract and shall enter into agreements with the

intended Subcontractors to require them to perform their Design Services or Work in accordance with the

Contract Documents and shall be as fully responsible to the Owner for acts and omissions of the Design-

Builder's Subcontractors and of persons directly and indirectly employed by them as for acts and omissions

of persons employed directly by the Design-Builder.

3.4.7 The Owner's consent to subcontracting by the Design-Builder shall not be construed as relieving

the Design-Builder from any obligation under the Contract and shall not impose any liability on the Owner.

Nothing contained in the Contract Documents shall create a contractual relationship between a

Subcontractor and the Owner.

3.4.8 The Design-Builder and all associated Subcontractors shall be subject to the Owner's policies,

including any Fair Wage Policy, if any, as may be adopted by the Owner from time to time, and any of the

Owner's or legislated labour trades requirements. Failure to comply with these policies or requirements

may lead to termination of the Contract, or rejection of a Subcontractor, as the case may be.

3.4.8 The Design-Builder agrees to discharge all liabilities incurred by it for labour, materials, services,

Subcontractors and Products, used or reasonably required for use in the performance of the Work, except

for amounts withheld by reason of legitimate dispute and which have been identified to the party or parties,

from whom payment has been withheld.

SC 2.13 GC 3.6 DESIGN SERVICES AND WORK SCHEDULE 2.13.1 Delete paragraph 3.6.1 and replace it with the following:

“3.6.1 The Design-Builder shall:

.1 within ten (10) Working Days of signing this Contract submit to the Owner, for the Owner’s approval, a

Design Services and Work schedule that indicates the timing of major activities and critical milestone dates

for the Design Services and the Work, demonstrating that the Design Services and the Work will be

performed in conformity with the Contract Time and that Substantial Performance of the Work will be

attained by the date stipulated in paragraph 1.3 of Article A-1 of the Agreement – DESIGN SERVICES AND

THE WORK. Such schedule:

(a) shall be in editable electronic format, prepared in collaboration with, and supported by, the

Subcontractors and Suppliers whose activities affect the critical path of the Work, and .4 at each

site meeting, provide to the Owner a look-ahead schedule indicating the major activities to be

undertaken in the next month.

(b) shall include and make provision for statutory holidays, the rectification of defects and

deficiencies, and all warranty obligations, and

(c) shall provide sufficient detail of the critical events and their inter-relationship and shall include

a baseline schedule indicating the critical path for the Project; and

.2 provide the expertise and resources, including labour and Construction Equipment, as are necessary to

maintain progress under the schedule or any successor or revised schedule approved by the Owner; and

.3 monitor the progress of the Design Services and the Work relative to the schedule or any successor or

revised schedule, and update the schedule and report to the Owner in accordance with the Owner's Statement

of Requirements; and

.4 at each site meeting, provide to the Owner a look-ahead schedule indicating the major activities to be

undertaken in the next week.

3.6.2 If at any time it should appear to the Owner that the actual progress of the Design Services or the Work is

behind schedule or is likely to fall behind schedule, or if the Design-Builder has so advised the Owner, the

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Design-Builder shall take appropriate steps, at the Design-Builder’s own expense, to cause the actual

progress of the Design Services and the Work to conform to the schedule and shall produce and present to the

Owner, for the Owner’s review and approval, a recovery plan demonstrating how the Design-Builder will

achieve the recovery of the schedule.

3.6.3 If after applying the expertise and resources required under paragraphs 3.6.1.2 and 3.6.2 the Design-Builder

forms the opinion that the slippage in the schedule cannot be recovered, it shall advise the Owner of any

revisions required to the schedule and shall give Notice in Writing to the Owner if the Design-Builder intends

to apply for an extension of Contract Time.

3.6.4 The Design-Builder shall not amend the schedule without the Owner’s prior written consent.”

SC 2.14 GC 3.6A DESIGN-BUILDER’S MONTHLY REPORTS 2.14.1 Add a new GC 3.6A as follows:

“GC 3.6A DESIGN-BUILDER’S MONTHLY REPORTS

3.6A.1 During the Project, unless otherwise required by this Contract, the Design-Builder shall, by the tenth day of

every month, provide a written report to the Owner. This monthly report shall include:

.1 an overview of the state and progress of the Project;

.2 written confirmation that the Project is on schedule or, if the schedule has suffered slippage, include a

recovery plan demonstrating how the Design-Builder will achieve recovery of the schedule;

.3 a list of critical issues of which the Design-Builder is aware and which require resolution, including dates

by which decisions are required and by whom;

.4 proposed or anticipated changes of which the Design-Builder is aware, and their expected impacts on the

Project, including the schedule;

.5 claims or anticipated claims of which the Design-Builder is aware, including claims against the Design-

Builder, the Owner, or the Project;

.6 the Design-Builder’s proposed plan and schedule for repairing, correcting or reworking of any defective

work.

3.6A.2 The Design-Builder may comply with its monthly reporting obligations by including the required information

with its monthly application for payment.”

SC 2.15 GC 3.7 SUPERVISION 2.15.1 Amend paragraph 3.7.1 by adding the following to the end of that paragraph:

“, and upon the Design-Builder obtaining the Owner’s prior written consent, which consent will not be

unreasonably withheld.”

SC 2.16 GC 3.8 LABOUR AND PRODUCTS 2.16.1 Amend paragraph 3.8.3 by adding the words “, agents, Consultant, Other Consultants, Subcontractors and

Suppliers” after the word “employees” toward the end of the first line.

2.16.2 Add new paragraphs 3.8.4, 3.8.5, 3.8.6, and 3.8.7 as follows:

“3.8.4 The Design-Builder shall ensure that all materials and Products are delivered to the Project site in original

containers and packages with labels and seals intact and that they are protected from the elements and visible

for inspection by the Owner and/or the Payment Certifier.

3.8.5 The Owner, acting reasonably, shall have the right to order the Design-Builder to remove from the Project

any representative or employee of the Design-Builder, Consultant, Other Consultant, Subcontractor or

Supplier who, in the opinion of the Owner, is a detriment to the Project.

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3.8.6 Unless otherwise specified, all materials existing at the Place of the Work at the time of execution of the

Contract shall remain the property of the Owner. All Work and Products delivered to the Place of the Work

by the Design-Builder shall be the property of the Owner. The Design-Builder shall remove all surplus or

rejected Products as its property when notified in writing to do so by the Owner.

SC 2.17 GC 3.10 SHOP DRAWINGS 2.17.1 Add new paragraphs 3.10.6 to 3.10.9 as follows:

“3.10.6 Reviewed Shop Drawings shall not authorize a change in the Contract Price and/or the Contract Time, unless

there is a scope of work or design change initiated by the Owner in accordance with Part 6 of this Contract.

3.10.7 The Design-Builder shall not use the term “by others” on Shop Drawings or other submittals, but shall

identify the responsible trade, Subcontractor or Supplier where such work is within the scope of the Work.

3.10.8 Where Specifications require the Shop Drawings to bear the seal and signature of a professional, such

professional shall be registered in the jurisdiction of the Place of the Work and shall have expertise in the

area of practice reflected in the Shop Drawings.

3.10.9 The Owner's approval of Shop Drawings will be an approval of general detail and arrangement only. The

Owner's approval shall not relieve the Design-Builder from its responsibility for deviations from the Contract

Documents, unless the Design-Builder in writing has notified the Owner of such deviations at the time of

submission of the Shop Drawings and the Owner has given written approval to the specific deviations. The

Owner's approval also shall not relieve the Design-Builder from responsibility for defective Work resulting

from errors or omissions of any kind on the approved Shop Drawings and shall not constitute authorization to

the Design- Builder to perform additional Work or changed Work. The Design-Builder is responsible for

dimensions to be confirmed and correlated at the job site, for information that pertains solely to fabrication

processes, or techniques of construction and installation.”

SC 2.18 GC 3.11 NON-CONFORMING DESIGN AND DEFECTIVE WORK 2.18.1 Amend paragraph 3.11.1 by inserting the words “, at the Design-Builder’s sole cost and expense,” after the

words “the Design-Builder shall” in the second line.

2.18.2 Amend paragraph 3.11.2 as follows:

(a) by inserting the words “, at the Design-Builder’s sole cost and expense,” after the words “The Design-

Builder shall” in the first line; and

(b) by adding the following to the end of that paragraph:

“The Design-Builder shall promptly pay the Owner all costs, damages and loss incurred by the Owner for

Work destroyed or damaged or for any alterations necessitated by the Design-Builder’s removal, replacement

or re-execution of defective portions of the Work. The Owner shall be entitled to set-off all such costs,

damages and loss against amounts owing to the Design-Builder under this Contract.”


“3.11.5 The Design-Builder shall forthwith perform, without cost or expense to the Owner, any and all such services

as are required to correct or remedy any act, error, omission, default, negligence or breach of Contract by or

attributable to the Design-Builder or the Consultant or anyone for whom either is in law responsible, in the

performance of this Contract.”

SC 2.19 GC 3.12 CLEANUP 2.19.1 Add a new GC 3.12 as follows:

“GC 3.12 CLEANUP

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3.12.1 The Design-Builder shall maintain the Place of the Work in a safe and tidy condition and free from the

accumulation of waste products and debris, other than that caused by the Owner, other contractors or their

employees.

3.12.2 Before applying for Substantial Performance of the Work as provided in GC 5.4 – SUBSTANTIAL

PERFORMANCE OF THE WORK, the Design-Builder shall remove waste products and debris, other than

that resulting from the work of the Owner, other contractors or their employees, and shall leave the Place of

the Work clean and suitable for use or occupancy by the Owner. The Design-Builder shall remove Products,

tools, Construction Equipment and Temporary Work not required for the performance of the remaining

Work.

3.12.3 Prior to application for the final payment, the Design-Builder shall remove any remaining Products, tools,

Construction Equipment, Temporary Work, and waste products and debris, other than those resulting from

the work of the Owner, other contractors or their employees.

3.12.4 If the Design-Builder fails to remove waste products and debris as provided in this GC 3.12, the Owner may

give the Design-Builder twenty-four (24) hours’ written notice to meet its obligations respecting cleanup.

Should the Design-Builder fail to meet its obligations within the twenty-four (24) hour period next following

delivery of the notice, the Owner may remove such waste and debris and deduct from payments otherwise

due to the Design-Builder the Owner’s costs for such cleanup, including a reasonable mark-up for

administration.”

SC 2.20 GC 3.13 USE OF THE PROJECT 2.20.1 Add a new GC 3.13 as follows:

“GC 3.13 USE OF THE PROJECT

3.13.1 The Owner reserves the right to take possession of and use for any intended purpose any portion or all of the

undelivered portion of the Work, even though Substantial Performance of the Work may not have been

attained, provided that such taking of possession and use will not interfere, in any material way, with the

progress of the Work. The taking of possession or use of any such portion of the Work shall not be deemed to

be the Owner’s acknowledgement or acceptance of the Work, nor shall it relieve the Design-Builder of any of

its obligations under the Contract. The Design-Builder’s obligations respecting construction health and safety

and all related rules, regulations and practices shall continue to apply notwithstanding such taking of

possession and use.”

SC 2.21 GC 3.14 PERFORMANCE BY THE DESIGN-BUILDER 2.21.1 Add a new GC 3.14 as follows:

“GC 3.14 PERFORMANCE BY THE DESIGN-BUILDER

3.14.1 In performing this Contract the Design-Builder shall exercise a standard of care, skill, judgment and diligence

that would normally be exercised by an experienced, skilled and prudent design-builder supplying similar

services for similar projects. The Design-Builder acknowledges and agrees that, throughout this Contract, the

Design-Builder’s obligations, duties and responsibilities shall be interpreted in accordance with this standard.

The Design-Builder shall exercise the same standard of care, skill, judgment and diligence in its employment

of the Consultant, Other Consultants, and in respect of any Products, Subcontractors, Suppliers, personnel or

procedures which it may recommend to the Owner or employ on the Project.

3.14.2 The Design-Builder represents, covenants and warrants to the Owner that:

.1 The personnel it assigns to the Project are appropriately experienced;

.2 It has a sufficient staff of qualified and competent personnel to replace its designated supervisor and

project manager, subject to the Owner's approval, in the event of death, incapacity, removal or resignation;

and

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.3 There are no pending, threatened or anticipated claims that would have a material effect on the financial

ability of the Design-Builder to perform this Contract.

3.14.3 The Design-Builder shall perform the Work in the least intrusive manner possible and shall respect and

comply with all applicable City of Toronto by-laws, policies, regulations and requirements, including but not

limited to those regarding permitted work hours, noise levels and work conditions. The Design-Builder,

without in any way limiting its responsibilities under this Contract, shall take all reasonable steps to avoid

interference with fire exits, building access and egress, continuity of electric power and all other utilities, to

suppress dust and noise, to avoid conditions likely to propagate mould or fungus of any kind, and shall take

all other steps reasonably necessary to promote and maintain the safety and comfort of the occupants of the

Place of the Work and the public in general. Without Owner’s prior approval, the Design-Builder shall not

permit any personnel, workers or Subcontractors to use any existing facilities including, without limitation,

elevators, lavatories, toilets, entrances and parking areas other than those designated by the Owner.”

SC 2.22 GC 4.1 CASH ALLOWANCES 2.22.1 Delete paragraphs 4.1.4 and 4.1.5 and replace them with the following:

“4.1.4 Where the actual cost of the Work under any cash allowance exceeds or is expected to exceed the amount of

the allowance, the Design-Builder shall notify the Owner in writing indicating the amount of additional funds

required and, in such case, the Design-Builder shall not proceed with the cash allowance work until the

Design-Builder receives written instructions from the Owner. Unexpended amounts from other cash

allowances may be reallocated at the Owner’s direction to cover the shortfall and, in that case, the Design-

Builder is not entitled to any amount for overhead and profit. Where no such direction is given, or where the

actual cost exceeds the allowance even after reallocation of unexpended amounts from other cash allowances,

the Design-Builder shall be compensated for the excess incurred and substantiated, plus an amount for

overhead and profit as set out in the Contract Documents, but on the excess only.

4.1.5 The net amount of any unexpended cash allowances, after providing for any reallocations as contemplated in

paragraph 4.1.4, shall be deducted from the Contract Price by Change Order without any adjustment for the

Design-Builder’s overhead and profit on such amount.”

SC 2.23 GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 2.23.1 Delete GC 5.1.

SC 2.24 GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 2.24.1 Amend paragraph 5.2.4 as follows:

(a) by inserting the words “for review and approval,” after the words “to the Payment Certifier,” in the first

line; and


“Such schedule of values shall be subject to the review and approval of the Payment Certifier, acting

reasonably.”


“5.2.6 Subject to further information which may be requested by the Owner or the Payment Certifier, all

applications for payment shall include and provide at least the following information and documents:

.1 a statement based on the schedule of values;

.2 the Contract Price;

.3 additions to or deductions from the Contract Price;

.4 the value of the Design Services completed;

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.5 the value of Work in place;

.6 the balance of the Contract Price available to complete the Project;

.7 the amount of lien holdback recommended/required;

.8 the amount applied for in this application;

.9 evidence of compliance with workers’ compensation legislation at the Place of the Work, including

payments due thereunder.”

SC 2.25 GC 5.3 PROGRESS PAYMENT 2.25.1 Delete paragraph 5.3.1.3 and replace it with the following:

“5.3.1.3 subject to paragraph 5.3.2, the Owner shall make payment to the Design-Builder on account as provided in

Article A-5 of the Agreement – PAYMENT no later than 30 calendar days after the Owner’s receipt of a

certificate for payment issued by the Payment Certifier.”

2.25.2 Add new paragraphs 5.3.2 and 5.3.3 as follows:

“5.3.2 If the Design-Builder fails to provide the necessary supporting documentation with each application for

progress payment in accordance with GC 5.2 – APPLICATIONS FOR PROGRESS PAYMENT, the Owner

shall have the right to withhold payment to the Design- Builder until such time as the supporting

documentation is provided, and the 30 calendar day period in paragraph 5.3.1.3 shall not begin to run until all

required supporting documentation is submitted..

5.3.3 Payment by the Owner shall not preclude the Owner from thereafter disputing any of the items for which

payment was made and shall not be construed as acceptance of any part of the Design Services or the Work.”

SC 2.26 GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 2.26.1 Amend paragraph 5.4.1 by inserting the words “including, at a minimum, a comprehensive list of items to

be completed or corrected” after the words “Contract Documents” in the 4th line of that paragraph.

2.26.2 Add new paragraphs 5.4.6 to 5.4.9 as follows:

“5.4.6 Before submitting the written application referred to in paragraph 5.4.1, the Design-Builder shall submit to

the Owner all:

.1 guarantees, warranties and certificates;

.2 testing, balancing reports and spare parts;

.3 distribution system diagrams and shop drawings;

.4 maintenance and operating manuals, instructions and materials;

.5 existing reports and correspondence from authorities having jurisdiction,

.6 maintenance/operation manuals;

.7 training manuals;

.8 samples;

.9 reports and correspondence from authorities having jurisdiction in the Place of the Work;

.10 Shop Drawings, and marked up Drawings;

.11 completed as-built drawings in the latest edition of a Computer Assisted Design Drawing software

program

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and all other close-out materials or documentation required to be submitted under the Contract, together with

written proof acceptable to the Owner that the Work has been performed in conformance with the

requirements of municipal, governmental, and utility authorities having jurisdiction at the Place of the Work.

5.4.8 If the Design-Builder fails to deliver the documents and materials described in paragraph 5.4.6, then,

provided that none of the missing documents and materials interferes with the use and occupancy of the

Project in a material way, the failure to deliver shall not itself be grounds for the Payment Certifier to refuse

to certify Substantial Performance of the Work. The Owner may assign a reasonable amount or, where

applicable, an amount specified in the Contract Documents, and retain that amount from the written

application for Substantial Performance of the Work, until the required documents and materials are

delivered.

5.4.9 Should any documents or materials not be delivered in accordance with paragraphs 5.4.6 or 5.4.7 by the

earlier of: (1) sixty (60) days following the issuance of the certificate of Substantial Performance of the

Work, and (2) the Design-Builder’s application for final payment under paragraph 5.7.1 of GC 5.7 – FINAL

PAYMENT, then the amount previously retained pursuant to paragraphs 5.4.6 and/or 5.4.7 shall be forfeited

to the Owner as compensation for the damages deemed to have been incurred by the Owner, and not as a

penalty, arising from the Design-Builder’s failure to deliver the specified documents or materials, and the

Contract Price shall be reduced accordingly.”

SC 2.27 GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL

PERFORMANCE OF THE WORK 2.27.1 Delete paragraph 5.5.3.

2.27.2 Amend paragraph 5.5.4 by deleting the text and replacing it with the following:

"The statutory holdback shall be payable 46 days after the date of publication of the Certificate of

Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by

the Contractor of the following documents: a satisfactory certificate of clearance from the WSIB; a Release

and Waiver in a form acceptable to the City; and proof of publication of the Certificate of Substantial

Performance. In accordance with the Construction Lien Act, the Owner may retain out of the holdback

amount any sums required by law to satisfy any liens against the Work and, the Owner acting reasonably,

may retain any amounts in respect of claims of third parties made to the Owner in respect of the Contract or

the Work, and in respect of any claims the Owner may have against the Contractor."

2.27.3 Delete paragraph 5.5.5.

SC 2.28 GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 2.28.1 Add new paragraph 5.6.1.1:

"5.6.1.1 The holdback in respect of a subcontract may be released 46 days after the date the subcontract is

certified complete , provided the Contractor submits the following to the Consultant:

a) a document satisfactory to the Consultant that will release the Owner from all further claims

relating to the subcontract, qualified by stated exceptions such as holdback monies;

b) evidence satisfactory to the Consultant that the Subcontractor has discharged all liabilities incurred

in carrying out the subcontract;

c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board

relating to the subcontract; and

d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement

showing the total amount due to the Subcontractor from the Contractor."

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SC 2.29 GC 5.7 FINAL PAYMENT 2.29.1 Delete paragraph 5.7.1 and replace it with the following:

“5.7.1 When the Design-Builder considers that the Design Services and the Work are completed, the Design-Builder

shall submit an application for final payment which:

.1 shall include, with necessary modifications, the materials and information required by paragraph 5.2.6 of

GC 5.2 – APPLICATIONS FOR PROGRESS PAYMENT; and

.2 shall be accompanied by any documents or materials not previously delivered pursuant to paragraphs 5.4.6

and 5.4.7 of GC 5.4 – SUBSTANTIAL PERFORMANCE OF THE WORK.”

2.29.2 Amend paragraph 5.7.4 by deleting the words “5 calendar days” in the second line of that paragraph and

replacing them with “30 calendar days”.

SC 2.30 GC 5.10 WITHHOLDING OF PAYMENT / OWNERS SET-OFF 2.30.1 Add a new GC 5.10 as follows:

“GC 5.10 WITHHOLDING OF PAYMENT / OWNER'S SET-OFF

5.10.1 Notwithstanding any provision in the Contract Documents to the contrary, the Owner may withhold

payment on any certificate for payment to the extent required to offset any previous over-payment

made to the Design-Builder, damages or costs incurred by the Owner, or to the extent as may be

necessary to protect the Owner from loss or damage as a result of:

.1 the Design-Builder’s failure to perform any of its material obligations or where the Design-

Builder is otherwise in default under the Contract Documents and any such default is continuing;

.2 defective portions of the Work not remedied;

.3 damage done by the Design-Builder to work carried out by other contractors or by Owner’s

forces;

.4 claims or reasonable evidence indicating possible commencement of claims for which the

Design-Builder may be responsible to indemnify the Owner pursuant to GC 12.2 –

INDEMNIFICATION;

.5 the Design-Builder’s failure to immediately remove any liens arising from the Work or otherwise

to satisfy its obligations under GC 13.3 – CONSTRUCTION LIENS AND ACTIONS;

.6 any assessment due the Workplace Safety and Insurance Board; or

.7 any other disputed liabilities.

5.10.2 Where the Owner has withheld payment to the Design-Builder pursuant to the provisions of the

Contract, the Owner shall be entitled to apply the funds withheld toward the cost of any required

remedial work, or toward damages or losses suffered and for which the Owner is entitled to

compensation under the Contract.”

SC 2.31 GC 6.1 OWNER’S RIGHT TO MAKE CHANGES 2.31.1 Amend paragraph 6.1.2 by adding the following to the end of that paragraph:

“The requirement that the Design-Builder obtain a Change Order or a Change Directive is of the essence and

it is the express intention of the parties that any claims by the Design-Builder for a change in the Contract

Price and/or Contract Time shall be barred unless there is strict compliance with PART 6 – CHANGES IN

THE CONTRACT. No course of conduct or dealing between the parties, no express or implied acceptance of

alterations or additions to the Design Services or the Work, and no claims that the Owner has been unjustly

enriched by any alteration or addition to the Design Services or the Work, whether in fact there is any such

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unjust enrichment or not, shall be the basis of a claim for damages or additional payment under this Contract

or a claim for an extension of the Contract Time or a claim for an amendment to the Contract.”


“6.1.3 The Owner from time to time may issue Supplemental Instructions solely for the purposes of clarifying the

Owner’s Statement of Requirements. The Design-Builder shall not be permitted to apply costs against

Supplemental Instructions, however, if the Design-Builder believes a Supplemental Instruction will result in

either a change to the Contract Price or Contract Time, the Design-Builder shall immediately advise the

Owner in accordance with paragraph 2.2.6 of GC 2.2 – ROLE OF THE OWNER.”

SC 2.32 GC 6.2 CHANGE ORDER 2.32.1 Delete paragraph 6.2.3 and replace it new paragraphs 6.2.3 and 6.2.4 as follows:

“6.2.3 Work on Lump Sum Basis

6.2.3.1 Any agreement reached by the Owner and Contractor on an adjustment of the Contract Price on

either a lump-sum or unit price basis shall be subject to the conditions contained in this paragraph 6.2.3.

6.2.3.2 Where a change in the Work, is performed by the Contractor’s own forces, the negotiated lump sum price for

change in the Work, or negotiated unit price(s) for each unit priced item shall be all-inclusive, except HST

and mark-up as provided hereafter, and shall include, without limitation, all costs, charges, expenses and fees

whatsoever required or related to perform such change, or such unit priced item. The Contractor shall be

allowed a mark-up to a maximum amount of 15% of the lump sum price, or aggregate of unit items and

applicable unit price(s), for such change, net of taxes on the first $100,000 and 10% thereafter. The

Contractor shall provide a written quotation identifying each amount to be charged for transportation, labour,

Product, Construction Equipment and services and all other costs for the performance of the Work. The HST,

as applicable, shall be identified separately in a manner satisfactory to the Owner.

6.2.3.3 Where a change in the Work is performed by a Subcontractor’s forces, the Subcontractor’s lump sum price

for change in the Work, or unit price (s) for each unit priced item shall be all-inclusive, except HST and

mark-up as provided hereafter, and shall include all of its costs, charges, expenses and fees whatsoever

required or related to perform such change, or such unit priced item. The Contractor shall provide a written

quotation with back-up documentation from the Subcontractor identifying each amount to be charged for

transportation, labour, Product, Construction Equipment and services and all other costs for the performance

of the Work and the total price charged by the Subcontractor. The Subcontractor shall be allowed a mark-up

to a maximum amount of 15% of the lump sum price, or aggregate of unit items and applicable unit price(s),

for such change, net of taxes on the first $100,000 and 10% thereafter. The Contractor is allowed a maximum

mark-up of 10% on the total price charged by the Subcontractor to the Contractor for such change, net of

taxes and Subcontractor mark-up. The HST, as applicable, shall be identified separately in a manner

satisfactory to the Owner.

6.2.3.4 In the event any of the change in the Work, contains items or parts that, in the opinion of the Consultant, are

the same or equivalent to items for which the Contractor submitted unit prices in the tender submitted by the

Contractor, then the prices in the tender shall be the prices paid by the Owner for that work or parts of the

work in respect of any such change in the Work.

6.2.3.5 Where a change in the Work is performed either by the Contractor or a Subcontractor, and requires

Construction Equipment, reasonable rental charges for Construction Equipment, such as tractors, bulldozers,

ditching machines, air compressors, compactors, concrete mixers and graders, for the actual time required in

operation for the performance of the Work must be agreed upon before commencing the Work.

6.2.3.6 The mark-ups provided for in paragraph 6.2.3.2 and 6.2.3.3 shall constitute the only compensation the

Contractor shall be entitled to for any and all overhead, profit, incidental and administrative costs whatsoever

related to the change, including but not limited to, costs relating to superintendence and supervision, shop

drawing production, estimating, site office and home office expenses, workers tools, temporary facilities and

controls, and coordination of any and all Work-related activities.

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6.2.3.7 An adjustment to the Contract Time will be considered only when the Design-Builder demonstrates to the

Owner that a change in the Design Services or the Work affects the critical path of the Work. Any costs

associated with an adjustment to the Contract Time shall be identified by the Design-Builder and shall be

limited to the reasonable direct costs directly attributable to the adjustment to the Contract Time, excluding

the items described in paragraph 6.2.3.

6.2.3.8 6.2.3.10 The Design-Builder shall not be entitled to any additional compensation arising out of changes to

the Design Services or the Work aside from the amounts determined and agreed to under this GC 6.2. In no

event shall the Owner be liable to the Design-Builder for any costs, including indirect, impact or

consequential costs, arising out of changes to the Design Services or the Work beyond the agreed upon

amount of the Change Order.”

6.2.3.9 No claim whatsoever for a change in the Contract Time, delay, prolongation charges, remobilization or

otherwise shall be permitted with respect to a change, unless first authorized by the Owner and approved by

and set out in the Change Order or Change Directive, as the case may be, by the Owner.

6.2.3.10 No compensation for any change in the Work shall be allowed unless such change is first ordered in writing

and authorized by the Owner.

6.2.4 Work on Time and Material Basis

6.2.4.1 Where an agreement is not reached on a lump-sum or unit price basis for a change in the Contract

Price arising out of a change in the Work, the Owner may choose to issue a Change Order for

Work on a Time and Material Basis, in which case the following provisions in this section 6.2.4

shall apply:

6.2.4.2 For the purposes of this GC 6.3, the following definitions apply:

Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and

Payroll Burden paid or incurred directly by the Design-Builder to or in respect of labour and supervision

actively and necessarily engaged on the Design Services or Work based on the recorded time and hourly

rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general

supervision, administration or management time spent on the Services or Work or any wages, salary or

Payroll Burden for which the Design-Builder is compensated by any payment made by the Owner for

Construction Equipment.

Cost of Product: means the cost of Product purchased, or supplied from stock, and valued at current market

prices, for the purpose of carrying out extra Work or Services, by the Design-Builder, or by others when

such arrangements have been made by the Design-Builder for completing the Work or Services, as shown

by itemized invoices.

Operated Rented Construction Equipment: means rented Construction Equipment for which an operator

is provided by the supplier of the Construction Equipment and for which the rent or lease includes the cost

of the operator.

Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment

insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments

forming part of the Design-Builder's normal labour costs.

Rented Equipment: means Construction Equipment that is rented or leased for the special purpose of

Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee

as defined by the Securities Act, R.S.O. 1990, Chapter c.S.5, as amended, and is approved by the Owner.

Road Work: means the preparation, construction, finishing and construction maintenance of roads, streets,

highways and parking lots and includes all work incidental thereto other than work on structures.

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Sewer and Watermain Work: means the preparation, construction, finishing and construction

maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than

work on structures.

Standby Time: means any period of time which is not considered Working Time and which together with

the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of

Construction Equipment cannot practically be used on other work but must remain on the site in order to

continue with its assigned task and during which time the unit is in fully operable condition.

Structure Work: means the construction, reconstruction, repair, alteration, remodeling, renovation or

demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying

of the foundation of any bridge, building, tunnel or retaining wall and the installation of equipment and

appurtenances incidental thereto.

The 127 Rate: means the rate for a unit of Construction Equipment as listed in OPSS 127, Schedule of

Rental Rates for Construction Equipment Including Model and Specification Reference, which is current

at the time the Work is carried out or for Construction Equipment which is not so listed, the rate which has

been calculated by the Owner, using the same principles as used in determining The 127 Rates.

Work on a Time and Material Basis: means changes in the Work approved by the Owner for payment

on a time and material basis. The Work on a Time and Material Basis shall be subject to all the terms,

conditions, Specifications and provisions of the Contract.

Working Time: means each period of time during which a unit of Construction Equipment is actively and

of necessity engaged on a specific operation and the first 2 hours of each immediately following period

during which the unit is not so engaged but during which the operation is otherwise proceeding and during

which time the unit cannot practically be transferred to other work but must remain on the site in order to

continue with its assigned tasks and during which time the unit is in a fully operable condition.

6.2.4.3 Daily Work Records prepared as the case may be by either the Design-Builder's representative or

the Consultant and reporting the labour and Construction Equipment employed and the Product used for

Work on a Time and Material Basis, shall be reconciled and signed each day by both the Design-Builder's

representative and the Consultant.

6.2.4.4 Payment as herein provided shall be full compensation for all labour, Construction Equipment and

Product to do the Work on a Time and Material Basis except where there is agreement to the contrary prior

to the commencement of the Work on a Time and Material Basis. The payment adjustments on a time and

material basis shall apply to each individual Change Order authorized by the Owner.

6.2.4.5 The Owner will pay the Design-Builder for labour employed on each time and material project at

135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of

$3000.

6.2.4.6 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material

Basis at the Design-Builder’s actual cost of Payroll Burden.

6.2.4.7 At the Owner’s discretion, an audit may be conducted in which case the actual Payroll Burden so

determined shall be applied to all Work on a Time and Material Basis.

6.2.4.8 The Owner will pay the Design-Builder for Product used on each time and material project at

120% of the Cost of Product up to $3,000, then at 115% of any portion of the Cost of Product in excess of

$3,000.

6.2.4.9 The Owner will pay the Design-Builder for the Working Time of all Construction Equipment other

than rented Construction Equipment and Operated Rented Construction Equipment used on the Work on a

Time and Material Basis at the 127 Rates with a cost adjustment as follows:

(a) Cost $10,000 or less - no adjustment;

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(b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion

excess of $10,000; and

(c) Cost greater than $20,000 - $19,000 plus 80% of the portion in excess of $20,000.

6.2.4.10 The Owner will pay the Design-Builder for the Working Time of Rented Equipment used on the

Work on a Time and Material Basis at 110% of the invoice price approved by the Owner up to a maximum

of 110% of the 127 Rate. This constraint will be waived when the Owner approves the invoice price prior

to the use of the Rented Equipment.

6.2.4.11 The Owner will pay the Design-Builder for the Working Time of Operated Rented Construction

Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Construction

Equipment invoice price approved by the Owner prior to the use of the Construction Equipment on the

Work on a Time and Material Basis.

6.2.4.12 The Owner will pay the Design-Builder for Standby Time of Construction Equipment at 35% of

the 127 Rate or 35% of the invoice price whichever is appropriate. The Owner will pay reasonable costs

for Rented Equipment where this is necessarily retained in the Place of the Work for extended periods

agreed to by the Owner. This will include Rented Equipment intended for use on other work, but has been

idled due to the circumstances giving rise to the Work on a Time and Material Basis.

6.2.4.13 In addition, the Owner will include the Cost of Labour of operators or associated labourers who

cannot be otherwise employed during the standby period or during the period of idleness caused by the

circumstances giving rise to the Work on a Time and Material Basis.

6.2.4.14 Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis

to be returned to the lessor until the work requiring the Rented Equipment can be resumed. The Owner will

pay such costs as result directly from such return.

6.2.4.15 When Construction Equipment is transported, solely for the purpose of the Work on a Time and

Material Basis, to or from the Place of the Work, payment will be made by the Owner only in respect of

the transporting units. When Construction Equipment is moved under its own power it shall be deemed to

be working. Construction Equipment rates shall be subject to the approval of the Owner.

6.2.4.16 Notwithstanding any other provision of this Section, no payment shall be made to the Design-

Builder for or in respect of hand tools or equipment that are tools of the trade.

6.2.4.17 For changes in the Work, where the Work is performed by a Subcontractor the Owner shall pay

the Design-Builder a markup in the amount of 10 % of the first $10,000 plus 5 % of the amount in excess

of $10,000.

6.2.4.18 No further markup will be applied regardless of the extent to which the Work is assigned or sublet

to others. If Work is assigned or sublet to an associate, as defined by the Securities Act no markup

whatsoever will be applied.

6.2.4.19 At the start of the Work on a Time and Material Basis, the Design-Builder shall provide the

applicable labour and Construction Equipment rates not already submitted to the Owner during the course

of such work.

6.2.4.20 Separate summaries shall be completed by the Design-Builder according to the standard form

“Summary for Payment of Accounts on a Time and Material Basis”. Each summary shall include the order

number and covering dates of the Work and shall itemize separately labour, Product and Construction

Equipment. Invoices for Product, Rented Construction Equipment and other charges incurred by the

Design-Builder on the Work on a Time and Material Basis shall be included with each summary.

6.2.4.21 Each month the Payment Certifier will include with the monthly progress payment certificate, the

costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with

the Contract administrative procedures and the Design-Builder's invoice of the Work on a Time and

Material Basis.

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6.2.4.22 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted

by the Design-Builder within 60 days after the completion of the Work on a Time and Material Basis."

SC 2.33 GC 6.3 CHANGE DIRECTIVE 2.33.1 Delete paragraph 6.3.7.1 in its entirety and replace it with the following:

".1 salaries, wages and benefits paid to personnel in the direct employ of the Design-Builder, applying the

labour rates set out in the wage schedule in the Contract Documents or as otherwise agreed between the

Owner and Design-Builder for personnel,

(1) carrying out the Design Services or Work, including necessary supervisory services;

(2) engaged in expediting the production or transportation of material or equipment, at shops or on the

road;

(3) engaged in the preparation of Shop Drawings, fabrication drawings, coordination drawings and

Contract as-built drawings, or,

(4) including clerical staff engaged in processing changes in the Design Services or in the Work."

2.33.2 Amend paragraph 6.3.8 by adding the words "except for paragraph 6.3.14" after the word "Contract" in the

first line.

2.33.3 Amend paragraph 6.3.12 by adding the following to the beginning of that paragraph:

“An adjustment of the Contract Time will be considered only where the change affects the critical path of the Work.”


“6.3.14 For greater certainty, and without limitation, the cost of performing the Work attributable to the Change

Directive does not include, and no payment shall be made for:

.1 head office salaries and benefits and all other overhead or general expenses, except only for the salaries,

wages and benefits of personnel described in paragraph 6.3.7.1 and the contributions, assessments or taxes

referred to in paragraph 6.3.7.2;

.2 capital expenses and interest on capital;

.3 general cleanup, except where the performance of the work attributed to the Change Directive causes

specific additional cleanup requirements;

.4 wages paid for field supervision of Subcontractors;

.5 wages, salaries, rentals or other expenses that exceed the rates that are standard in the locality of the Place

of the Work or that are otherwise deemed unreasonable by the Owner;

.6 any costs or expenses attributable to the negligence, improper work, deficiencies, or breaches of contract

by the Design-Builder, Consultant or any Other Consultant or Subcontractor;

.7 legal fees unless such fees are pre-approved in writing by the Owner;

.8 the costs of the items listed in paragraph 6.2.3; and

.9 charges for cellular and landline telephone service, internet, long-distance telephone and facsimile

communications, courier services, expressage, and petty cash items incurred in relation to the Design

Services and Work.”

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SC 2.34 GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 2.34.1 Add a new paragraph 6.4.0 as follows:

“6.4.0 The Design-Builder confirms that, before signing this Contract, it carefully investigated and examined the

Place of the Work and the Contract Documents and applied to such investigations and examination the degree

of care, skill, judgment and diligence described in paragraph 3.14.1 of GC 3.14 – PERFORMANCE BY THE

DESIGN-BUILDER. Through such investigations and examinations, the Design-Builder has satisfied itself

as to the conditions and requirements necessary for the Design-Builder to perform the Design Services and

the Work including, but not limited to, such things as:

.1 the nature and location of the Work and the Project site, including the availability / restrictions of access to

the Project site;

.2 the character and content of the Design Services and the Work to be done;

.3 the character and scope of work to be done by other contractors and Owner’s forces;

.4 the availability of labour, equipment, material and facilities needed for the on-time performance and

completion of the Design Services and the Work;

.5 all labour restrictions, including availability of skilled trades;

.6 safety hazards and labour contract negotiations which may have an impact on the performance of the

Work;

.7 the location of any required utility service;

.8 without limiting the generality of the foregoing, any contingency and/or circumstances which may affect

the Design Services and the Work.”

2.34.2 Amend paragraphs 6.4.1.1 and 6.4.1.2 by adding the following words to the end of each of those

paragraphs:

“and which, in regard to the Design-Builder, were concealed from discovery notwithstanding the conduct of

the investigations and examinations described in paragraph 6.4.0”.


“6.4.4 If the Design-Builder has not conducted the investigations and examinations described in paragraph 6.4.0, it

is deemed to assume all risk of conditions or circumstances now existing or arising in the course of the

Project which could make the Design Services or the Work more expensive or more difficult to perform than

was contemplated at the time the Contract was signed. No allowances will be made for additional costs and

no claims by the Design-Builder will be considered for an adjustment to the Contract Price or the Contract

Time in connection with conditions which were reasonably apparent or which could reasonably have been

discovered by such investigations or examinations made before the signing of the Contract.”

SC 2.35 GC 6.5 DELAYS 2.35.1 Amend paragraphs 6.5.1 and 6.5.2 by deleting the last sentence in each paragraph and substituting the

following in each case:

“Subject to the Design-Builder’s obligation to mitigate costs, the Design-Builder shall be reimbursed by the

Owner for reasonable direct costs directly flowing from the delay, including reasonable costs incurred by the

Design-Builder for the care, maintenance, safety, security and protection of the Place of the Work, but

excluding the costs of the Design-Builder’s head office personnel and overhead costs, and excluding any

consequential, indirect or special damages, and excluding any claims for loss of profit or opportunity.”

2.35.2 Further amend paragraph 6.5.2 by inserting the words "other than the City of Toronto" after the words

"public authority".

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“, in which case, and subject to the Design-Builder’s obligation to mitigate costs, the Design-Builder shall be

reimbursed by the Owner for reasonable direct costs directly flowing from the delay, including reasonable

costs incurred by the Design-Builder for the care, maintenance and protection of the Place of the Work, but

excluding the costs of the Design-Builder’s head office personnel and overhead costs, and excluding any

consequential, indirect or special damages, and excluding any claims for loss of profit or opportunity.”

2.35.3 Amend paragraph 6.5.4 by replacing the works "10 Working Days" with "seven days" and by adding the

following to the end of that paragraph:

“For greater certainty, it is the intention of the parties that an extension for delay will be considered only

when the Design-Builder demonstrates to the Owner that the delay affects the critical path of the Work.

Without in any way limiting the generality of the foregoing, it is a condition precedent to the Design-

Builder’s claim for extension of the Contract Time and for additional compensation that the notice provisions

in this paragraph be strictly adhered to in each instance, except where the event of delay itself reasonably

precludes strict adherence to such notice provisions. If the Design-Builder fails to comply with such notice

provisions, it shall be deemed to have waived the right to claim for the effects of delay. Claims for additional

compensation due to delay shall otherwise be determined in accordance with Part 8 – Dispute Resolution as

amended by the Supplementary Conditions and the Specific Conditions.”

SC 2.36 GC 6.6 CLAIMS FOR A CHANGE IN THE CONTRACT PRICE 2.36.1 Delete paragraphs 6.6.1 - 6.6.6 in their entirety and replace them with the following:

"6.6.1 Claims for a change in the Contract Price shall be determined in accordance with Part 8 - Dispute

Resolution of the Contract as amended by the Supplementary Conditions and Specific Conditions."

SC 2.36 GC 7.1 OWNER'S RIGHT TO SUSPEND THE DESIGN SERVICES OR

TERMINATE THE CONTRACT BEFORE THE WORK COMMENCES 2.36.1 Delete paragraph 7.1.1 and replace it with the following:

“7.1.1 The Owner may, at any time before the Work commences at the Place of the Work, and for any or no reason,

suspend performance of the Design Services by giving Notice in Writing to the Design-Builder indicating the

expected length of the suspension. Such suspension shall be effective in the manner as stated in the Notice in

Writing.”

2.36.2 Amend paragraph 7.1.4 by deleting the last sentence of that paragraph and replacing it with the following:

“Failing such an agreement, the Owner shall be deemed to have terminated the Contract and the Design-

Builder shall be entitled to be paid for all Design Services performed to the effective date of termination

together with costs, if any, directly flowing from and which are a reasonable consequence of the termination,

but excluding any consequential, indirect or special damages, and excluding any claims for loss of profit or

opportunity. The Owner shall not be liable to the Design-Builder for any other claims, costs or damages

whatsoever arising from such termination of the Contract.”

SC 2.37 GC 7.2 OWNER’S RIGHT TO TERMINATE THE DESIGN-BUILDER’S

RIGHT TO CONTINUE WITH THE DESIGN SERVICES OR WORK, OR

TERMINATE THE CONTRACT 2.37.1 Amend paragraph 7.2.1 by inserting the following at the beginning of that paragraph:

“If the Design-Builder fails to comply with its obligations under GC 9.4 – CONSTRUCTION SAFETY, or”

2.37.2 Amend paragraph 7.2.2 by inserting the words “or fails or neglects to maintain the latest approved schedule

prepared pursuant to GC 3.6 – DESIGN SERVICES AND WORK SCHEDULE,” after the words “Design

Services or Work” in the first line of that paragraph, and by adding the following sentence to the end of the

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paragraph: "Failure by the Owner to provide such notice shortly after the default has occurred shall not

constitute condonation of the default.".

2.37.3 Add new paragraph 7.2.5.6 as follows: ".6 charge the Design Builder for any damages the Owner may

have sustained as a result of the default."


“7.2.7 Notwithstanding GC 7.1, the Owner may suspend performance of the Contract at any time and for any or no

reason by giving Notice in Writing to the Design-Builder indicating the expected length of the suspension.

Upon receiving the notice of suspension the Design-Builder shall, subject to any directions in the notice,

suspend performance of the Contract.

7.2.8 If the Contract is suspended for a period of 20 Working Days or less, the Design-Builder, upon the expiration

of the period of suspension, shall resume performance of the Contract. The Contract Price and Contract Time

shall be adjusted as provided in paragraph 6.5.1 of GC 6.5 – DELAYS.

7.2.9 If the Contract is suspended for more than 20 Working Days and if the Owner and the Design- Builder agree

to continue with and complete the Contract, the Design-Builder shall resume performance of the Contract in

accordance with any terms and conditions agreed upon by the Owner and the Design-Builder. Failing such an

agreement, the Owner shall be deemed to have terminated the Contract and the Design-Builder shall be

entitled to be paid for all Design Services and Work performed to the date of termination together with costs,

if any, directly flowing from and which are a reasonable consequence of the termination, but excluding any

consequential, indirect or special damages, and excluding any claims for loss of profit or opportunity. The

Owner shall not be liable to the Design-Builder for any other claims, costs or damages whatsoever arising

from such suspension and termination of the Contract.”

SC 2.38 GC 7.3 DESIGN-BUILDER’S RIGHT TO SUSPEND THE DESIGN

SERVICES OR WORK, OR TERMINATE THE CONTRACT 2.38.1 Delete paragraph 7.3.1.

2.38.2 Amend paragraph 7.3.2 by adding the words "other than the City of Toronto" after the words "public

authority".

2.38.3 Delete paragraph 7.3.3.1.

2.38.4 Add a new paragraph 7.3.4A immediately following paragraph 7.3.4 as follows:

“7.3.4A If the default cannot be corrected within the 5 Working Days specified in paragraph 7.3.4, the Owner shall

be deemed to have cured the default if it:

.1 commences the correction of the default within the specified time; and

.2 provides the Design-Builder with an acceptable schedule for such correction; and

.3 completes the correction in accordance with such schedule.”


“7.3.6 If the Design-Builder terminates the Contract under the conditions set out above, the Design- Builder shall be

entitled to be paid for all Design Services and Work performed to the date of termination. Subject to the

Design-Builder’s obligation to mitigate costs, the Design-Builder shall also be entitled to recover the costs

directly flowing from and which are a reasonable consequence of the termination, including direct losses

sustained on Products and Construction Equipment, but excluding the costs of the Design-Builder’s head

office personnel and overhead costs, and excluding any consequential, indirect or special damages, and

excluding any claims for loss of profit or opportunity.”

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SC 2.39 PART 8 DISPUTE RESOLUTION

2.39.1 Delete Part 8 – Dispute Resolution in its entirety and replace it with the following:

"8.0 DISPUTE RESOLUTION

8.1.1 Continuance of the Work

Unless the Contract has been terminated or completed, the Design Builder shall in every case, after serving

or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due

diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have.

8.1.2 Record Keeping

Immediately upon commencing Work that may result in a claim, the Design Builder shall keep Daily Work

Records during the course of the Work, sufficient to substantiate the Design Builder's claim, and the Consultant

shall keep Daily Work Records to be used in assessing the Design Builder's claim, all records to be in accordance

with the requirements of the Contract.

8.1.3 The Design Builder and the Consultant shall attempt to reconcile their respective Daily Work Records on a

daily basis, to simplify review of the claim, when submitted. If the Design Builder and the Consultant fail to

reconcile their respective Daily Work Records, then the Design Builder shall submit its Daily Work Records as part

of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a

resolution of the claim.

8.1.4 The keeping of Daily Work Records by the Consultant or the reconciling of such Daily Work Records with

those of the Design Builder shall not be construed to be acceptance of the claim.

8.2 Claims Procedure

8.2.1 The Design Builder shall give verbal notice to the Consultant of any situation which may lead to a claim for

additional payment immediately upon becoming aware of the situation and shall provide written notice to the

Consultant of such situation or of any express intent to claim such payment, within seven days of the

commencement of any part of the Work which may be affected by the situation or shall form part of the claim.

8.2.2 The Design Builder shall submit detailed claims as soon as reasonably possible and in any event no later

than 30 days after completion of the Work affected by the situation. The detailed claim shall:

a) identify the item or items in respect of which the claim arises;

b) state the grounds, contractual or otherwise, upon which the claim is made; and

c) include the records maintained by the Design Builder supporting such claim.

In exceptional cases the 30 days may be increased to a maximum of 90 days with approval in writing from the

Consultant.

8.2.3 Within 30 days of the receipt of the Design Builder’s detailed claim, the Consultant may request the Design

Builder to submit any further and other particulars as the Consultant considers necessary to assess the claim. The

Design Builder shall submit the requested information within 30 days of receipt of such request.

8.2.4 Within 90 days of receipt of the detailed claim, the Owner, or if authorized by the Owner, the Consultant,

shall advise the Design Builder, in writing, of the Owner’s opinion with regard to the validity of the claim.

8.3 Negotiations

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8.3.1 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to

provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate

these negotiations.

8.3.2 Should the Design Builder disagree with the opinion given in paragraph 8.2.4, with respect to any part of

the claim, the Consultant shall enter into negotiations with the Design Builder to resolve the matters in dispute.

Negotiation shall occur on three levels; first, with the Consultant, second, with the Owner’s Manager level, and

third, with the Owner’s Director, General Manager or Executive Director level. Corresponding level shall be

involved in the discussions on behalf of the Design Builder. Any agreement reached with the Consultant shall be

subject to the Owner’s approval. Prior to commencement of construction the Owner and the Design Builder shall

meet to determine the names of the representatives at the three levels of discussion. These names shall be put in

writing, to be used in the event of a dispute in issue.

8.3.3 Discussions with the Consultant shall be completed as soon as possible and shall be limited to a period of

no more than 30 days following receipt of the opinion given in paragraph 8.2.4. Manager level discussion shall be

completed as soon as possible following failed discussions with the Consultant, and shall be limited to a period of no

more than a further 30 days. The Director, General Manager or Executive Director level discussion shall be

completed as soon as possible following failed manager level discussions, and shall be limited to a period of no

more than a further 30 days.

8.3.4 Each party shall be responsible for elevating an issue to the next level of negotiation, if the issue has not

been resolved at the current level. The Design Builder or Consultant shall notify the other properly in writing if he

or she wishes to pursue an issue to the next level of negotiation.

8.3.5 Where a negotiated settlement cannot be reached, or it is agreed that payment cannot be made in

accordance with paragraph 6.2.3 or paragraph 6.2.4, the parties may, upon mutual agreement, proceed in accordance

with clause paragraph 8.4, Mediation.

8.4 Mediation

8.4.1 If a claim is not resolved satisfactorily through the negotiation process in paragraph 8.3, and the Design

Builder wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an

independent third party mediator.

8.4.2 The mediator shall be mutually agreed upon by the Owner and Design Builder.

8.4.3 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet

with the parties together or separately, as necessary, to review all aspects of the issue. The mediator may provide

the parties with his or her non-binding without prejudice settlement recommendation, on the day of the mediation.

8.4.4 Each party is responsible for its own costs related to the use of the third party mediator process. The costs

of the third party mediator shall be equally shared by the Owner and Design Builder.

8.5 Payment

8.5.1 Payment of the claim shall be made no later than 30 days after the date of resolution of the claim or dispute.

Such payment shall be made according to the terms of Part 5, Payment.

8.6 Rights of Both Parties

8.6.1 Unless the parties agree otherwise, no action taken under paragraphs 8.1 to 8.6, by either party shall be

construed as a renunciation or waiver of any of the rights or recourse available to the parties.

8.7 Arbitration

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8.7.1 If a claim is not resolved satisfactorily through the negotiation process, or mediation if utilized, either party

may request an arbitration of the dispute and the parties, by mutual agreement, may submit such dispute to

arbitration and the provisions of the Ontario Arbitration Act, 1991, as amended, shall apply to such arbitration,

including the provisions for appeal therein except as otherwise provided in this section 8.7. Notwithstanding this, in

the case of claims for amounts less than $150,000, exclusive of H.S.T., the provisions of subsection GC 8.7 to 8.11,

Arbitration, shall be mandatory if requested by either party, and the matter shall proceed to arbitration if not

resolved through the said negotiation or mediation processes.

8.7.2 If the Parties engage in arbitration to resolve the issue, notification to that effect shall be communicated in

writing to the Consultant within 30 days of completing the negotiations referred in paragraph 8.3, or, if the parties

proceed to mediation under paragraph 8.4, within 30 days of completing that mediation.

8.7.3 The parties shall be bound by the decision of the arbitrator.

8.7.4 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any

arbitration conducted hereunder except to the extent that they are modified by the express provisions of paragraphs

8.7 to 8.11.

8.8 Arbitration Procedure

8.8.1 The following provisions are to be included in the agreement to arbitrate:

.1 All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;

.2 All then unresolved claims and matters to be settled are to be set out in a schedule to the agreement. Only such

claims and matters as are in the schedule shall be arbitrated; and

.3 Before proceeding with the arbitration, the Design Builder shall confirm that all matters in dispute are set out in

the schedule.

8.9 Appointment of Arbitrator

8.9.1 The arbitrator shall be mutually agreed upon by the Owner and Design Builder to adjudicate the dispute.

8.9.2 Where the Owner and Design Builder cannot agree on a sole arbitrator within 30 days of the notification of

arbitration noted in paragraph GC 8.7.2, the Owner and the Design Builder shall each chose an appointee with 37

days of the notice of arbitration.

8.9.3 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 days after the last

appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which

shall select an arbitrator to adjudicate the dispute within 7 days of being requested to do so.

8.9.4 The arbitrator shall not be interested financially in the Contract nor in either party’s business and shall not

be employed by either party.

8.9.5 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may hear

and consider any evidence which the arbitrator considers relevant.

8.9.6 The hearing shall commence within 90 days of the appointment of the arbitrator.

8.10 Costs

8.10.1 The arbitrator’s fee shall be equally shared by the Owner and the Design Builder.

8.10.2 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared

equally by the Owner and the Design Builder.

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8.10.3 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the

parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be

shared equally by the Owner and the Design Builder.

8.10.4 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.

8.11 The Decision

8.11 The reasoned decision shall be made in writing within 90 days of the conclusion of the hearing. An

extension of time to make a decision may be granted with consent of both parties. Payment shall be made in

accordance with Part 5, Payment."

SC 2.40 GC 9.1 PROTECTION OF WORK AND PROPERTY 2.40.1 Amend paragraph 9.1.1.1 by adding the following after the words “Statement of Requirements” at the end of

that paragraph:

“which the Design-Builder could not reasonably have discovered applying the degree of care and skill

described in paragraph 3.14.1 of GC 3.14 – PERFORMANCE BY THE DESIGN-BUILDER”.

2.40.2 Amend paragraph 9.1.1.2 by adding the word "negligent" to the beginning thereof.


"9.1.5 Without in any way limiting the Design-Builder's obligations under this GC 9.1, should the

Design-Builder or any Subcontractor or Supplier cause loss or damage to trees or other plantings, whether

owned by the Owner or third parties, the Design-Builder shall be liable for the replacement cost of the trees

or other plantings damaged, including the cost of any arborist or other Consultant, and such costs may be

deducted by the Owner from amounts otherwise owing to the Design-Builder.

9.1.6 The Design-Builder shall neither undertake to repair and/or replace any damage whatsoever to the

Work of other Contractors, or to adjoining property, nor acknowledge the same was caused or occasioned

by the Design-Builder, without first consulting the Owner and receiving written instructions as to the

course of action to be followed from the Owner. However, where there is danger to life or public safety, the

Design-Builder shall take such emergency action as it deems necessary to remove the danger."

SC 2.41 GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS 2.41.1 Amend paragraph 9.2.7.3 by adding the following after the words “as a result of the delay” at the end of

that paragraph:

“, but excluding the costs of the Design-Builder’s head office personnel and overhead costs, and excluding

any consequential, indirect or special damages, and excluding any claims for loss of profit or opportunity;”

2.41.2 Delete paragraph 9.2.7.4.


“9.2.10 The Design-Builder shall, immediately upon becoming aware of any environmentally toxic and hazardous

substance or materials (within the meaning of applicable environmental legislation), notify the Owner in

writing setting out particulars concerning the type of the environmentally toxic and hazardous substance or

materials, where it was discovered, and all other information that the Design-Builder has at the time of the

notice.

9.2.11 The Design-Builder shall indemnify the Owner and the officers, directors, employees and agents of the

Owner in respect of any loss, costs, expense or fine which might be imposed in respect of any failure by the

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Design-Builder to satisfy its obligations under this GC 9.2 and, without limiting the general nature of this

indemnity, the Design-Builder shall indemnify the Owner, its officers, directors, employees and agents in

respect of any loss, costs, expense or fine if the Project is made subject to an order from a court or

government agency requiring remediation of any contamination caused as a result of the Work performed by

the Design- Builder or its Subcontractors.”

SC 2.42 GC 9.4 CONSTRUCTION SAFETY 2.42.1 Delete paragraph 9.4.1 in its entirety and substitute new paragraph 9.4.1:

"9.4.1 The Design-Builder shall be solely responsible for construction safety at the Place of the Work

and for compliance with the rules, regulations and practices required by the applicable construction health

and safety legislation and shall be responsible for initiating, maintaining and supervising all safety

precautions and programs in connection with the performance of the Work."

2.42.2 Add new paragraphs 9.4.2, 9.4.3 and 9.4.4:

"9.4.2 Prior to the commencement of the Work, the Design-Builder shall submit to the Owner:

(a) a current WSIB clearance certificate;

(b) documentation of the Design-Builder's in-house safety-related programs;

(c) a copy of the Notice of Project filed with the Ministry of Labour naming itself as “constructor”

under OHSA

9.4.3 The Design-Builder shall indemnify and save harmless the Owner, its agents, officers, directors,

employees, consultants, successors and assigns from and against the consequences of any and all safety

infractions committed by the Design-Builder under the OHSA, including the payment of legal fees and

disbursements on a solicitor and client basis. Such indemnity shall apply to the extent to which the Owner

is not covered by insurance, provided that the indemnity contained in this paragraph shall be limited to

costs and damages resulting directly from such infractions and shall not extend to any consequential,

indirect or special damages.

9.4.4 The Owner undertakes to include in its contracts with other contractors and/or in its instructions to

its own forces the requirement that the other contractor or own forces, as the case may be, will comply with

directions and instructions from the Design-Builder with respect to occupational health and safety and

related matters."


“9.4.2 Without limiting the generality of paragraph 9.4.1, the Design-Builder shall be and shall assume all of the

responsibilities of the “constructor” under the Occupational Health and Safety Act (Ontario) and shall file the

“Notice of Project” with the appropriate Ministry.

9.4.3 The Design-Builder represents and warrants to the Owner that appropriate health and construction safety

instruction and training have been provided and will be provided to the Consultant, Other Consultants and the

Design-Builder’s employees, Subcontractors, Suppliers and all others attending at the Place of the Work. The

Design-Builder also undertakes to provide such health and construction safety instruction and training to the

Owner’s representatives, the Owner’s own forces, and other contractors. No comments, suggestions or

instructions from the Owner or the Payment Certifier are to be relied upon or assumed to reduce or replace

the Design-Builder’s designation as the “constructor” or its responsibility for construction safety on the

Project.

9.4.4 The Design-Builder’s breach of or failure to comply with its obligations under this GC 9.4 –

CONSTRUCTION SAFETY may result in the immediate termination of this Contract.

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9.4.5 The Design-Builder shall indemnify and save harmless the Owner and its elected officials, agents, officers,

directors, employees, consultants, successors and assigns from and against any and all liability, costs,

expenses, fines, damages and all other consequences arising from any and all safety infractions related to the

Design Services and Work, including the payment of legal fees and disbursements on a full indemnity basis.

9.4.6 The Design-Builder, its employees, servants and agents shall abide by all policies and procedures established

by the Owner in respect of the prevention of workplace discrimination, violence and harassment, and shall

certify to the Owner inwriting that it is compliant with all applicable human rights legislation and policy. All

such policies of the Owner will be provided by the Owner to the Design-Builder at the Design-Builder’s

request.”

9.4.7 The Owner undertakes to include in its contracts with other contractors and/or in its instructions to its own

forces the requirement that the other contractor or own forces, as the case may be, will comply with

directions and instructions from the Contractor with respect to occupational health and safety matters at the

Place of the Work.

SC 2.43 GC 9.5 MOULD 2.43.1 Amend paragraph 9.5.4.3 by adding the following after the words “as a result of the delay” at the end of

that paragraph:

“, but excluding the costs of the Design-Builder’s head office personnel and overhead costs, and excluding any

consequential, indirect or special damages, and excluding any claims for loss of profit or opportunity”.

SC 2.44 GC 10.1 TAXES AND DUTIES 2.44.1 Add the following to the end of paragraph 10.1.1:

"Any Value Added Taxes (including Harmonized Sales Tax), where applicable, shall be listed as line items

separate from the total Contract Price."


"Any increase or decrease in costs to the Design-Builder due to changes in such included taxes and duties

at the time of the bid closing shall increase or decrease the Contract Price accordingly. For greater

certainty, the Design-Builder shall not be entitled to any mark-up for overhead or profit on any increase in

such taxes and duties."

2.44.3 Add new paragraphs 10.1.3, 10.1.4, 10.1.5, and 10.1.6, as follows:

"10.1.3 Where the Owner is entitled to an exemption or a recovery of sales taxes, customs duties, excise

taxes or Value Added Taxes applicable to the Contract, the Design-Builder shall, at the request of the

Owner or the Owner's representative, assist with the application for any exemption, recovery or refund of

all such taxes and duties and all amounts recovered or exemptions obtained shall be for the sole benefit of

the Owner. The Design-Builder agrees to endorse over to the Owner any cheques received from the

Federal or provincial governments, or any other taxing authority, as may be required to give effect to this

paragraph.

10.1.4 The Design-Builder shall maintain accurate records of Construction Equipment, Product and component

costs reflecting the taxes, customs duties, excise taxes and Value Added Taxes paid.

10.1.5 Any refund of taxes, including, without limitation, any government sales tax, customs duty, excise tax or

Value Added Tax, whether or not paid, which is found to be inapplicable or for which exemption may be

obtained, is the sole and exclusive property of the Owner. The Design-Builder agrees to cooperate with the

Owner and to obtain from all Subcontractors and Suppliers cooperation with the Owner in the application

for any refund of any taxes, which cooperation shall include but not be limited to, making or concurring in

the making of an application for any such refund or exemption, and providing to the Owner copies, or

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where required, originals of records, invoices, purchase orders and other documentation necessary to

support such applications or exemptions or refunds. All such refunds shall either be paid to the Owner, or

shall be a credit to the Owner against the Contract Price, in the Owner's discretion. The Design-Builder

agrees to enable, assist with and submit to any reasonable audit requested by the Owner with respect the

potential refunds under this paragraph.

10.1.6 Customs duties penalties, or any other penalty, fine or assessment levied against the Design-Builder, shall

not be treated as a tax or customs duty for the purpose of this GC 10.1"

SC 2.45 GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 2.45.1 3.34.1 Add to the end of paragraph 10.2.4, the following:

"The Design-Builder shall notify the Chief Building Official or the registered code agency where

applicable, of the readiness, substantial completion, and completion of the stages of construction set out in

the Ontario Building Code. The Design-Builder shall be present at each site inspection by an inspector or

registered code agency as applicable under the Ontario Building Code."

2.45.2 Amend paragraph 10.2.5 by inserting the following to the beginning of that paragraph:

“Subject to and only to the extent that the Design-Builder applied the degree of care and skill described in paragraph

3.14.1 of GC 3.14 – PERFORMANCE BY THE DESIGN-BUILDER to its review of the Owner’s Statement of

Requirements,”

2.45.3 Delete the language in paragraph 10.2.6 and replace it with the following:

"If the Design-Builder fails to notify the Owner and the Consultant in writing, fails to obtain direction as

required in paragraph 10.2.5, and/or performs work that it knows or ought to have known that contravenes

any laws, ordinances, guidelines, standards, permits, statutes, by-laws, rules, regulations, or codes, the

Design-Builder shall be responsible for and shall correct the violations thereof, and shall bear the costs,

expenses, and damages attributable to the failure to comply with the provisions of such laws, ordinances,

guidelines, standards, permits, statutes, by-laws, rules, regulations, or codes, and, notwithstanding any

limitations described in paragraph 12.1.1, shall indemnify and hold harmless the Owner from and against

any claims, demands, losses, costs, damages, actions, suits or proceedings resulting from such failure or

breach of law."

2.45.4 Add new paragraph 10.2.8 as follows:

"10.2.8 Without limiting the generality of any other provision in the Contract Documents, the Design-

Builder shall cause all certificates to be furnished that are required or given by the appropriate

governmental or quasi-governmental authorities as evidence that the Work as installed conforms with the

laws and regulations of any authorities having jurisdiction over the Place of the Work, including, without

limitation, certificates of compliance for the Owner’s occupancy or partial occupancy. The certificates are

to be final certificates giving complete clearance of the Work, in the event that such governmental or quasi-

governmental authorities furnish such certificates."

SC 2.46 GC 11.1 INSURANCE 2.44.1 GC 11.1 is deleted in its entirety and replaced with the following:

"11.1.1 The Design Builder shall purchase and maintain in force, at its own expense and for the duration of the Work

and Services, or cause to be maintained by any subcontractor/consultant who is retained to provide services under this

Agreement, the following policies of insurance set out in 11.1.2, 11.1.3 and 11.1.4 below, or any other type of

insurance relevant for the services, which policies shall be in a form and with an insurer acceptable to the Owner. A

certificate evidencing these policies signed by the insurer or an authorized agent of the insurer must be delivered to the

Owner prior to the commencement of services.

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11.1.2 Professional liability (errors and omissions coverage) insurance in the amount of not less than FIVE

MILLION DOLLARS ($5,000,000.00) that,

(a) Includes Environmental Consultants Professional Liability where the Design Builder’s services include

environmental work;

(b) Provides for thirty (30) days prior written notice of cancellation; and,

(c) Will extend to infringement of copyright and other intellectual property, including misuse of trade secrets, if

appropriate.

11.1.3 Comprehensive General Liability insurance in the amount of FIVE MILLION DOLLARS ($5,000,000.00)

that;

(a) Adds City of Toronto as additional insured;

(b) Includes the following clauses: personal injury liability; a cross-liability/severability of interest; broad form

contractual liability; owner’s/contractor’s protective liability; contingent employer’s liability; employers

liability; and non-owned automobile liability; and,

(c) Provides for thirty (30) days’ prior written notice of cancellation

11.1.4 Automobile Liability insurance with a minimum limit of One Million Dollars ($1,000,000) for all owned or

leased licensed motorized vehicles used in the performance of services.

11.1.5 It is understood and agreed that the coverage and limits of liability noted above are not to be construed as the

limit of liability of the Design Builder in the performance of the Work and/or the Services. It is also agreed

that the above insurance policies may be subject to reasonable deductible amounts, which deductible amounts

shall be borne by the Design Builder. At the expiry of the policies of insurance, original signed Certificates

evidencing renewal will be provided to the Owner without notice or demand.

11.1.6 The Design Builder is responsible for any loss or damage whatsoever to any of its materials, good, equipment

or supplies and will maintain appropriate all-risk coverage as any prudent owner of such materials, goods,

supplies and equipment. The Design Builder shall have no claim against the Owner or the Owner's insurers

for any damage or loss to its property and shall require its property insurers to waive any right of subrogation

against the Owner.

11.1.7 The Owner, acting reasonably, may require the limits of the insurance policies provided for these services to

be increased from time to time.

SC 2.47 GC 12.2 INDEMNIFICATION 2.47.1 Delete GC 12.2 in its entirety and replace it with the following:

"12.2.1 The Design-Builder shall indemnify and hold harmless the Owner and each of the Owner's elected

officials, officers, employees and agents (hereinafter referred to collectively as the “Indemnitees”) from and

against all claims which may be brought against or made by third parties, directly or indirectly arising or

alleged to arise out of the performance of or the failure to perform any of its obligations under the Contract

Documents.

12.2.2 The Design-Builder shall indemnify and hold harmless the Owner and the Indemnitees from all and

every claim for damages, royalties or fees for the infringement of any patented invention or copyright

occasioned by the Design-Builder in connection with the Work performed or Product furnished by the

Design-Builder under the Contract.

12.2.3 The Owner shall indemnify and hold harmless the Design-Builder from and against all claims

against the Design-Builder by third parties that arise out of the Design-Builder's direct involvement in this

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Contract provided such claims are directly caused by the negligent act or omission of the Owner, and then

only to the extent the loss or damage was caused by the Owner.

12.2.4 The Owner shall indemnify and hold harmless the Design-Builder, its agents, officers and

employees from and against all claims arising out of the Design-Builder's performance of its obligations

under the Contract Documents which are attributable to a lack of or defect in title or an alleged lack of or

defect in title to the Place of the Work. The Design-Builder expressly waives the right to indemnity for

claims other than those stated in sections 12.2.3 and 12.2.4.

12.2.5 The Design-Builder shall pay to the Indemnitees, or any of them, on demand any loss, costs,

damages and expenses which may be sustained, incurred or paid by the Indemnitees, or any of them, in

consequence of any such claim any moneys paid or payable by the Indemnitees in settlement or in

discharge or on account thereof. If the Design-Builder fails to make such payment, all such mentioned

loss, costs, damages and expenses and all such moneys so paid or payable may be deducted from any

moneys of the Design-Builder then remaining in the possession of the Owner on account of the Work or

from moneys payable by the Owner to the Design-Builder on any account whatever or may be recovered

from the Design-Builder or its Surety, as the case may be, in any court of competent jurisdiction as moneys

paid at their request. The Design-Builder hereby authorizes and empowers the Owner, or its Solicitor, for

the time being, to defend, settle or compromise any of such claims as the Owner or its said Solicitor may

deem expedient. The Design-Builder shall ratify and confirm all the acts of the Owner or its Solicitor in

that behalf, and shall pay to such Solicitor on demand his or her reasonable costs of any such defense,

settlement and/or compromise, and that in default of such payment the same may be deducted from any

moneys payable by the Owner to the Design-Builder on any account whatever."

SC 2.48 GC 12.3 LIMITATION OF LIABILITY FOR DESIGN SERVICES 2.48.1 Delete GC 12.3.

SC 2.49 GC 12.4 WAIVER OF CLAIMS 2.49.1 Amend paragraphs 12.4.1 through 12.4.10 as follows:

"12.4.1 Add the words “claims for delay pursuant to GC 6.5 DELAYS, claims for an increase in the

Contract Price, pursuant to GC 6.6 CLAIMS FOR A CHANGE IN THE CONTRACT PRICE” after the

word “limitation”. Add the words “(collectively “Claims”)” after “Substantial Performance of the Work” in

the sixth line.

12.4.1.1 Change the word “claims” to “Claims” and change the word “claim” to “Claim”.

12.4.1.2 Change the word “claims” to “Claims”.

12.4.1.3 Delete paragraph 12.4.1.3 in its entirety.

12.4.1.4 Change the word “claims” to “Claims”.

12.4.2 Change the words “in paragraphs 12.4.1.2 and 12.4.1.3” to “in paragraph 12.4.1.2”. Change the

word “claims” to “Claims” in both instances and change the word “claim” to “Claim”.

12.4.5 Delete the number "395" and substitute the number "760".

12.4.6 Change the word “claim” to “Claim” in all instances in the paragraph.

12.4.7 Change “The party” to “The Contractor". Change the word “claim” to “Claim” in all instances in

the paragraph.

12.4.8 Change the word “claim” to “Claim” in all instances in the paragraph.

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12.4.9 Delete paragraph 12.2.9 in its entirety.

12.4.10 Delete paragraph 12.2.10 in its entirety.

SC 2.50 GC 12.5 WARRANTY 2.50.1 Amend paragraph 12.5.1 as follows:

(a) by deleting the words “one year” in the first line of that paragraph and replacing them with “two years”;

and


“With respect to equipment installed at the request of the Owner, and successfully operating at its intended design

capacity before completion of the Work, the warranty period shall be two years from the date the equipment

commenced its successful operations. Notwithstanding the foregoing, if an item of Work is not completed at

Substantial Performance of the Work, except for extended warranties as described in paragraph 12.5.6, the warranty

period for such item of Work shall be two years from the date that such item of Work has been completed and accepted

in writing by the Owner.”

2.50.2 Amend paragraph 12.5.3 by deleting the words “one year” in the second line of that paragraph and

replacing them with “two years”.


“The Design-Builder shall be fully responsible for any and all repairs, rectification, re-grading, reinstatement and

maintenance of all finished surfaces, surface structures, roads and pavements which may be required due to trench

settlements or other deficiencies.”

2.50.4 Amend paragraph 12.5.6 by deleting the words “one year” in the first line of that paragraph and replacing

them with “two years”.


“12.5.9 The Design-Builder shall perform all remedial and warranty work at its own cost and expense and at a time

convenient to the Owner, which may be outside of normal working hours. The Owner shall provide

reasonable access to those portions of the Project necessary to perform such work, subject to the Owner’s

requirements for own operations. Prior to performing the remedial and warranty work the Design-Builder

shall provide, for the Owner's review and approval, a proposed schedule for the performance of such work.”

2.50.6 Add new paragraphs 12.5.10, 12.5.11 and 12.5.12 as follows:

“12.5.10 Any Product or equipment requiring excessive servicing during the warranty period (or free

maintenance period, if applicable) shall be considered defective and the warranty (or free maintenance

period) shall be deemed to take effect from the time that the defect has been corrected so as to cause

excessive servicing to terminate.

12.5.11 Following Substantial Performance of the Work, and without limiting the Design-Builder's

warranty under this GC 12.3, the Design-Builder shall assign to the Owner, to the extent assignable, the

benefit of all warranties and guarantees relating to the Work. The assignment shall expressly reserve the

right of the Owner to make any claims under such warranties and guarantees and such assignment shall in

no way prejudice any rights of or benefits accruing to the Owner pursuant to such warranties and

guarantees.

12.5.12 The provisions of the GC 12.3 – WARRANTY shall not deprive the Owner of any action, right or

remedy otherwise available to the Owner for the Design-Builder's failure to fulfill its obligations or

responsibilities under the Contract and shall not be construed as a waiver of claims in favour of the Design-

Builder or as a limitation on the time in which the Owner may pursue such other action, right or remedy.

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The warranties set out in the Contract are not supplemental to and do not limit or preclude the application

of any other conditions and warranties, express or implied, by law or trade usage.”

SC 2.51 Add new Part 13, “PART 13 – OTHER PROVISIONS” as follows: 2.51.1 Add new GC 13.1 through GC 13.9 as follows:

“GC 13.1 DAILY REPORTS AND LOGS

13.1.1 The Design-Builder shall cause its supervisor, or such competent person as he or she may delegate,

to prepare a daily log or diary reporting on weather conditions, workforce of the Design-Builder,

Consultant, Other Consultants, Subcontractors, Suppliers and any other forces on site and also

record the general nature of Work activities. Such log or diary shall also include any extraordinary

or emergency events which may occur and also the identities of any persons who visit the Project

site who are not part of the day-to-day workforce.

13.1.2 The Design-Builder shall also maintain records, either at its head office or at the Project site,

recording manpower and material resourcing on the Project, including records which document the

activities of the Design-Builder both as planned and actual.

13.1.3 Upon request by the Owner, the Design-Builder shall make available for inspection and copying all

of the records generated pursuant to this GC 13.2 along with any other routine Project records

ordinarily maintained by the Design-Builder.

GC 13.2 CONSTRUCTION LIENS AND ACTIONS

13.2.1 The Design-Builder shall save and keep the Owner and the Place of the Work free from all

construction liens and all other liens whatsoever arising out of the Project. If any lien is filed or

registered or any written notice of lien is received by reason of labour, services, equipment,

materials or any Work or Design Services supplied or claimed to have been supplied by or through

the Consultant, Other Consultant, a Subcontractor or Supplier, and provided the Owner has paid all

amounts properly due under the Contract, the Design-Builder shall, at its own expense, within ten

(10) Working Days of being notified of the lien or written notice of lien, secure the discharge,

release, vacating or withdrawal of such lien or written notice of lien by payment or by giving

security or in such other manner as is or may be required or permitted by law, failing which the

Owner may, but shall not be required, take such steps as it, in its absolute discretion, may deem

necessary to release, vacate or discharge the lien or written notice of lien.

13.2.2 If a lien action or any other action or legal proceeding arising out of the Project is commenced the

Design-Builder shall take all reasonable steps to remove the Owner from such action or legal

proceeding, and shall indemnify the Owner and hold it harmless in such action or legal proceeding,

except where the claim asserts substantive claims against the Owner beyond the payment of

holdback.

13.2.3 All amounts, including solicitor and own client costs, interest, borrowing, premium or other

bonding costs incurred by the Owner in releasing, vacating or discharging any lien and/or written

notice of lien and/or defending or otherwise dealing with an action or legal proceeding, shall be

charged to the Design-Builder and shall be set off and deducted from any amount owing to the

Design-Builder.

13.2.4 In the event that the Design-Builder fails to conform with the requirements of 13.2.1, the Owner

may set off and deduct from any amount owing to the Design-Builder, all costs and associated

expenses, including legal fees and disbursements reasonably incurred to secure a written

withdrawal of the notice of lien. If there is no amount owing by the Owner to the Design-Builder,

then the Design-Builder shall reimburse the Owner for all of the said costs and associated expenses.

GC 13.3 ADVERTISING AND PUBLIC STATEMENTS

13.3.1 The Design-Builder shall not publish, issue or make any statements or news release, electronic or

otherwise, concerning the Contract, the Design Services, the Work, or the Project, and shall not use

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the Owner’s name, logo, etc. without the prior express written consent of the Owner. For greater

certainty, the Design-Builder shall obtain the prior written approval of the Owner for any public

advertising, written public sales promotions, press release or other general publicity matter, in

which the name or trademarks of the Owner are mentioned or used, or in which words are used

from which any connection with the Owner or trademarks may be inferred. The Design-Builder

will not allow or permit any public ceremony in connection with the Project without the prior

written permission of the Owner. The Design-Builder will not erect or permit the erection of any

sign or advertising without the prior written approval of the Owner.

GC 13.4 INDEPENDENT CONTRACTOR

13.4.1 In the performance of this Contract the Design-Builder and each of its employees shall not be

deemed to be at any time to be employees or servants of the Owner.

13.4.2 The Design-Builder will at all times act in the Design-Builder’s own capacity and right as an

independent contractor, and the Design-Builder’s employees shall remain employees of the Design-

Builder, and no master or servant relationship will be created between the Design- Builder or any

employees of the Design-Builder and the Owner.

13.4.3 The Design-Builder and the Design-Builder’s employees are not entitled to receive from the Owner

any of the rights and benefits afforded to the Owner’s employees, including but not limited to

participation in any of the Owner’s group benefits plans, group insurance plans or pension plans,

vacation pay, overtime pay, termination pay or severance pay.

GC 13.5 AMENDMENTS TO THE CONTRACT

13.5.1 No alteration or amendment to this Contract, no course of conduct or dealing between the parties,

and no express or implied acceptance of alterations or amendments to the Contract shall be binding

unless it is in writing and signed by the duly authorized representatives of each party.

13.5.2 No waiver by or on behalf of a party of any breach of a provision of this Contract shall be binding

upon the party unless it is expressed in writing and duly executed by the party or signed by its fully

authorized representative, and such a waiver shall not operate as a waiver of any future breach,

whether of a like or different character. No waiver shall be inferred from or implied by the conduct

of any party.

GC 13.6 - OWNERSHIP OF MATERIALS

13.6.1 Unless otherwise specified, all materials existing at the Place of the Work at the time of

execution of the Contract shall remain the property of the Owner. All Work and Products delivered

to the Place of the Work by the Contractor shall be the property of the Owner. The Contractor shall

remove all surplus or rejected materials as its property when notified in writing to do so by the

Owner.

GC 13.7 AGREEMENT IN WRITING

13.7.1 The Contract constitutes the entire agreement of the Parties. No verbal arrangement or agreement

relating to the Design Services or Work will be of any force or effect unless it is in writing and

signed by duly authorized representative(s) of the Owner. The Owner shall not be bound by any

oral communication or representation whatsoever, including but not limited to any instruction,

amendment or clarification of this Contract or any of the Contract Documents, or any

representation, information, advice, inference or suggestion, from any person (including but not

limited to an elected official, employee, agent, independent consultant or any other person acting

on the behalf of or at the direction of the Owner or other representative of the Owner) concerning

this Contract, any of the Contract documents comprising this Agreement, or any other matter

concerning this Agreement. Where in this Agreement a reference is made to the express written

agreement, approval or consent of the Owner, it shall be understood that the Owner shall not be

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deemed or construed to have agreed to any stipulation, specification, exclusion, limitation or other

term or condition that deviates from a provision set out in this Agreement, unless that deviation is

expressly confirmed in a written and express amendment to this Agreement.

No officer, employee, representative or agent of the Owner is authorized to orally alter any portion

of this Agreement. The City shall not be bound by any written representation whatsoever concerning

this Agreement unless executed by the person designated and authorized in accordance with this

Contract or in accordance with a direction or authorization of Toronto City Council. The Design-

Builder releases and waives all claims whatsoever in negligence, in equity or otherwise with respect

to any oral or unauthorized representations or communications.

END OF DOCUMENT

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Appendix E – Specific Conditions of Contract RFP No. 9117-17-7100

ECS – November 12, 2015 (GM) Page E- 1

Table of Contents

1. OCCUPATIONAL HEALTH AND SAFETY ACT ................................................................ 3

2. ORGANIZATION OF WORK AND WORK RESTRICTIONS ........................................... 8

3. DISPOSAL OF SURPLUS EXCAVATED MATERIAL AND REMOVALS...................... 9

4. SMOG ALERT RESPONSE PLANS .................................................................................... 9

5. SECURITY AND CONSTRUCTION SIGN ........................................................................ 10

6. MATERIAL AND TRUCK WEIGHING ............................................................................... 10

7. NOISE REGULATIONS ....................................................................................................... 11

8. SPILLS REPORTING ........................................................................................................... 11

9. CONTRACT SPECIFICATIONS ......................................................................................... 11

10. COMMENCEMENT AND SUBSTANTIAL PERFORMANCE ...................................... 12

11. EXISTING UTILITIES ......................................................................................................... 12

12. SOME PROVISIONS IN THE HARMONIZED SALES TAX AND THE NON-

RESIDENT WITHHOLDING TAX ........................................................................................... 13

13. CO-ORDINATION AND PROGRESS MEETINGS ........................................................ 14

14. PROVISIONAL ITEMS ....................................................................................................... 14

15. EQUIVALENTS AND ALTERNATIVES ........................................................................... 14

16. PLANT EVACUATION DRILL ........................................................................................... 15

17. SUBSURFACE CONDITIONS .......................................................................................... 16

18. PROHIBITED PRODUCTS ............................................................................................... 16

19. NIGHT, WEEKEND AND HOLIDAY WORK ................................................................... 17

20. INSURANCE ........................................................................................................................ 17

21. SUBSTANTIAL PERFORMANCE .................................................................................... 17

22. INTERPRETATION OF DOCUMENTS AND ADDENDA ............................................. 17

23. PAYROLL BURDEN RATE FOR WORK ON A TIME AND MATERIAL BASIS ....... 18

24. REFERENCE DOCUMENTATION .................................................................................. 19

25. SERVICE STANDARDS FOR VENDORS IN RESPONDING TO THIRD PARTY

CLAIMS ....................................................................................................................................... 19

26. WORKPLACE SAFETY AND INSURANCE ACT .......................................................... 20

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LIST OF ATTACHMENTS

ATTACHMENT A - CONFINED SPACE INVENTORY 1 PAGE

ATTACHMENT B - NOTICE OF PROJECT (N.O.P.) FORM (SAMPLE ONLY) 1 PAGE

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1. OCCUPATIONAL HEALTH AND SAFETY ACT

1.1 Nothing in this section shall be deemed or construed as making the City the "employer" of any workers employed or engaged by the Vendor to perform the Work and/or supply services to the project, including any part thereof, or the "constructor", either instead of or jointly with the Vendor. “Employer” and “constructor” shall have the same meaning as in section 1 of the Occupational Health and Safety Act, R.S.O. 1990, Chapter O.1, as amended from time to time, including any regulations there under and successor legislation (hereinafter collectively referred to as the “OHSA”).

1.2 Unless specifically directed by the Ministry of Labour, where the Work consists of or

includes construction, the Vendor shall for the purposes of the OHSA be deemed, construed and designated as the "constructor"; see sample Attachment "B" Notice of Project (N.O.P.) for the project comprising the Work and shall,:

(a) assume all of the responsibilities of that constructor as set out in the OHSA and its regulations including, without restricting the generality of the foregoing, (i) registration as a constructor with the Director of the Construction

Health and Safety Branch in accordance with the OHSA and, in particular section 5 of Regulation 213/91 or any successor provision;

(ii) posting/compliance with any applicable notice-filing and notice-posting/availability requirements of the OHSA and, in particular section 6 of Regulation 213/91 under or any successor provision;

(b) provide the City with adequate written proof of the registration referred to in subsection (a) (i) of this section before commencing the Work; and

(c) where the notice requirements referred to in subsection (a) (ii) of this section are applicable, provide a copy of such notice to the City concurrently with the filing thereof pursuant to the OHSA.

1.3 In accordance with the OHSA, as amended, a list of designated substances found at

the project site is appended to hereto at the end of this section, Appendix E – Specific conditions of contract and forms part of this Contract.

1.4 The Vendor shall ensure that each prospective subcontractor engaged by the Vendor

for the project has received a copy of the list of designated substances that are present at the site, provided to the Vendor by the City, before each prospective subcontractor enters into a binding contract for the supply of Work on the project, and the Vendor shall perform all other obligations as the constructor under the Contract and for the project.

1.5 The Vendor shall conform to and enforce strict compliance with the OHSA including,

without restricting the generality of the foregoing, the Vendor's duties and obligations as an "employer" under section 25 and 26 thereof, and OHSA regulations with respect to construction, designated substances and asbestos. “Designated substance” and “hazardous material” shall have the same meaning as in the OHSA.

1.6 The Vendor shall:

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(a) ensure that no work will commence, and that those engaged by the Vendor are aware of and comply with the requirements of the OHSA and shall not commence work, without first reporting their arrival and intent at the Work site on the first day to the City;

(b) establish and maintain at each Work site, in a manner easily available to all workers, other staff and authorized City staff, a copy of all relevant Material Safety Data Sheets (“MSDS”);

(c) deliver to the City a list of all designated substances and a copy of the MSDS for each hazardous material, both as defined in the OHSA, that will be brought to the Project site and/or used in the performance of the Work, no later than Five (5) working days following execution of the Contract and at least Ten (10) working days prior to commencement of the Work;

(d) not bring onto the Work site any designated substance or hazardous material without the prior written authorization of the City;

(e) strictly conform to and comply with, all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority pertaining to lead and any other designated substance(s) or hazardous material(s), including without limitation, the OHSA and all regulations thereunder, and also cause its subcontractors to do so;

(f) submit to the City a copy of the Notice of Project issued to the Ministry of Labour;

(g) should the Vendor be issued a notice/directive as either an "order to comply" or a "stop work order", immediate corrective measures shall be taken by the Vendor. A copy of the notice/directive shall be delivered to the City immediately.

(h) promptly report to the City all accidents involving personal injury or property damage that occur in connection with the work; and

(i) take all steps necessary to prevent the spread of lead-containing dust/particles and any other designated substance(s) or hazardous material(s) from the Work site when performing Work involving, but not limited to, lead-containing paint, and to protect the Vendor, those engaged by the Vendor in performance of the Work, City employees and all others, including the general public, likely to be at or near the Work site.

1.7 Where the Work includes removal of asbestos, the Vendor shall:

(a) conform to and enforce strict compliance with all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority governing workplace safety or asbestos on construction projects and in building and repair operations with respect to the removal of asbestos, air testing and removal of barriers, including without limitation, OHSA Reg. 278/05 (Designated Substance --- Asbestos on Construction Projects and in Buildings and Repairs Operations), hereinafter referred to as the “Asbestos Regulation”, as may be amended from time to time;

(b) ensure, through appropriate air testing and such other measures as may be appropriate and necessary, that the Work site and adjacent areas not been contaminated with asbestos during the performance of the Work; and

(c) prior to dismantling any barriers erected to contain asbestos and asbestos-containing materials, the Vendor shall provide written confirmation to the City

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that, after conducting proper air testing and other due diligence measures, the area is safe in accordance with the requirements of the OHSA.

1.8 Asbestos

1.8.1 If, during the course of the Work, the Vendor or any of the subcontractors or suppliers engaged by the Vendor, disturb material that is believed to be asbestos containing material, separate and apart from asbestos abatement work forming part of the Contract, the Vendor shall act in strict compliance with the OHSA, including but not limited to the Asbestos Regulation, and without limiting the generality of the foregoing, shall:

(a) Stop work and evacuate the area where the asbestos containing material

is believed to have been disturbed and take all precautions or actions mandated by the OHSA and notify the City immediately;

(b) Notify the City via telephone, with written notification to follow as soon as possible; and

(c) Refrain from entering the work area for any reason whatsoever until safe to do so, in accordance with the requirements of the OHSA and, prior to re-entry, notify the City for approval to recommence Work.

1.8.2 The Vendor shall ensure that all employees, including the employees of any

subcontractors, are trained on the City’s asbestos management program (the “Program”) prior to the commencement of the work. The training will include the specific requirements of the Program and the record containing the City’s inventory report, including,

(a) the location of all asbestos containing material described in the record for

the work location, including drawings, plans and specifications; (b) whether the material is friable or non-friable; (c) a description of the condition of the material.

1.8.3 Prior to the commencement of the Work, the Vendor shall confirm to the City in writing that the training described in section 4.8.2 has been completed.

1.8.4 The Vendor shall ensure that all employees, including the employees of any

subcontractors, are trained on the City’s asbestos report prepared in accordance with section 10 of the Asbestos Regulation. The training shall include the specific requirements of the report including,

(a) the location of all asbestos containing material described in the record for

the work location, including drawings, plans and specifications; (b) whether the material is friable or non-friable; (c) a description of the condition of the material.

1.8.5 Prior to the commencement of the work, the Vendor shall confirm to the City in writing that the training described in paragraph 4.8.4 has been completed.

1.9 The Vendor shall use all reasonable and due care to avoid spilling or disturbing any

designated substance(s) or hazardous material(s) of which the City notifies the

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Vendor are or may be on the site; and shall not remove or interfere with any designated substance(s) or hazardous material(s) except in full compliance with the OHSA and, after notifying the City, being authorized to do so by the City. The Vendor shall, following discovery that any designated substance or hazardous material has been removed or interfered with other than in compliance with this subsection, forthwith report same to the City and ensure that no further such non-complying removal or interference occurs.

1.10 Where the Vendor encounters designated substance(s) or hazardous material(s) at

the site or has reasonable grounds to believe that designated substance(s) or hazardous material(s) are or may be present at the site, the Vendor shall take all reasonable steps as deemed necessary to comply with the OHSA, including stopping the Work, to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of such substance(s) or material(s), and immediately report the circumstances to the City and any other appropriate authority, in writing. Where there is a delay by reason of so doing, the Vendor shall be entitled to its reasonable costs, to the extent directly incurred by reason of that delay and directly related to designated substance(s) or hazardous material(s) which existed at the site prior to the commencement of the Work which were not disclosed by the City.

1.11 Authorized representatives of the City shall, at all times, have access to the Work

site to monitor the Vendor’s compliance with the terms of the Contract. 1.12 During the course of the Work, the Vendor shall furnish forthwith to the City of Toronto

Health and Safety Manager, via the City, a copy of all correspondence, reports, compliance orders or charges arising from or issued in respect to the requirements of the OHSA which are received or which come to the notice of the Vendor that apply or are relevant to any of the Work or activities conducted under the terms of the Contract.

1.13 Without limiting any other right, remedy or privilege of the City under this Contract or

otherwise provided by law, statute or in equity, where the Vendor has failed to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of the Vendor, whether express or implied, the City shall have the right to:

(a) Require the Vendor to remedy such default, by the removal of any

workers from the Work that fail to comply with the OHSA (or any other health and safety plan, policy or program requirement of the Contract) or the taking of such other measures as may be necessary to remedy such default;

(b) Suspend or Stop the Work; (c) Cancel or Terminate the Contract; and/or (d) Exercise any other right, remedy or privilege available to the City for

default or breach of this Contract available under the terms of this Contract, or may be available in law, by statute or in equity.

1.14 In the event that the City exercises the right to suspend or stop the Work or an

affected part thereof, as a result of the failure by the Vendor to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of the

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Vendor, such Work or part thereof shall not resume until any such violation has been completely rectified to the satisfaction of the City.

1.15 The Vendor shall be responsible for any delay in the progress of the Work as a result

of any violation of a health and safety requirements of any federal, provincial or municipal governmental authority, it being understood that no such delay shall be deemed or construed as an "Unavoidable Delay" for the purposes of extending the time for performance for the Work or entitling the Vendor to additional compensation whatsoever, and the Vendor shall take all necessary steps to avoid delay in the final completion of the Work without additional cost to the City. The City shall not be responsible for any compensation, expense or liability resulting from any such delay.

1.16 Nothing in this Contract shall be construed as requiring the City to monitor

or approve the workplace health and safety practices of the Vendor. The City shall not be liable to any person by reason of a breach by the Vendor or any subcontractor of any applicable health and safety standard or requirement.

1.17 Attached hereto as Attachment "A" is a list of spaces that the City of Toronto has

identified as “confined spaces” as defined under the regulations under the OHSA. This list of confined spaces was developed by the City of Toronto for its own internal purposes in accordance with requirements related to confined spaces under the OHSA and regulations thereunder. The City of Toronto makes no representations or warranties regarding the accuracy or completeness of this list of confined spaces. Without limiting the foregoing, the identification of confined spaces by the City of Toronto was based on certain conditions that existed at the time the assessment was conducted, which conditions may be different or may change during the course of the performance of the Work under the Contract. Notwithstanding section 1.18 hereof, the Indemnities (as defined in section 1.18 hereof) assume no liability whatsoever arising out of or in connection with this list of confined spaces or any reliance thereon, and the Vendor shall indemnify and save harmless the Releasees with respect to any claim or action against any of the Releasees resulting from or in connection with this list of confined spaces, and any costs, expenses or fines incurred by any of the Releasees (including legal costs on a substantial indemnity basis) in connection with any such claim or action. This indemnity is in addition to any other indemnity provided by the Vendor under the Contract, and shall survive the termination of the Contract. The provision of this list of confined spaces in no way limits the Vendor's obligations as employer and, where applicable, as constructor under the OHSA and regulations thereunder, in particular those obligations with respect to confined spaces. If awarded a Contract in connection with this RFP, the Vendor, at no additional cost to the City of Toronto, shall be responsible for making its own assessment as to which spaces are confined spaces at the project site, including any new confined spaces that are created from time to time as construction progresses. Without limiting the foregoing, the Vendor shall not make any claims for delays or extra costs as a result of having to perform its obligations under the OHSA and regulations thereunder with respect to confined spaces. The Vendor shall comply with all requirements of the OHSA and regulations thereunder, as amended from time to time, with respect to confined spaces, including, without limitation, the requirement to develop and maintain its own program and plan with respect to confined spaces, conducting adequate assessments of hazards related to confined

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spaces, adequate confined space training, implementing adequate on-site rescue procedures, and issuing the required entry permits.

The Vendor shall keep available for inspection at the project site every assessment, plan, co-ordination document, training record, entry permit, inspection record, and test record as required under the OHSA and regulations. Such documents shall be made available to designated City of Toronto staff and Citys at the project site in the event that any City staff or Citys wish to enter any confined spaces at the project site for inspection and quality control purposes. The Vendor shall also provide to the City designated under the Contract its own list of any confined spaces it has identified at the project site before the Work begins, and shall immediately notify the City in writing of any changes to this list from time to time during the course of the construction, and on completion of the project.

1.18 All Vendors forces, including subs, performing work where Hot Work is being performed in hazardous rooms, confined spaces and locations or equipment designated by the City of Toronto as being potentially hazardous due to possible presence of flammable gasses, dust or vapours and/or if any work involves or is to be done on any fire protection system-exception- a fire detection system if it is not a part of a fire protection system (ie. It is not used to trip a gaseous suppression or sprinkler system) are required to have successfully completed “Managing Impairments Using FM Global’s Red Tag Permit System and/or Managing Hot Work Using FM Global’s Hot Work System as applicable to the scope of work. In order to successfully complete the training a grade of 80% is required. The Vendor and Subcontractor's staff must be recertified every three years. The successful Vendor can sign up directly by sending an e-mail to [email protected] with the name, company name and e-mail address of the person(s) requiring authorization. The Vendor must enter “City of Toronto” and the location of the City facility into the sign-up window so that FM Global can track that they are a City Vendor. Please note that 24 hours is required to allow for confirmation of Vendor authorization.

This will be a mandatory requirement of the contract and applicable work shall only be performed by those who have successfully completed the course.

Upon request by the City, either before commencement of the work or at any time throughout the duration of the contract, the Vendor shall submit written certificates confirming that the Vendor’s and subcontractors' staff have successfully completed the applicable training session(s). The Vendor shall also perform safe working procedures equivalent to or better as per Hot Work Permit System SWP022.04 attached to the RFP as Appendix G as Safe Work Procedures.

The Constructor will be responsible for issuing the hot work permits.

2. ORGANIZATION OF WORK AND WORK RESTRICTIONS 2.1 It is the Vendor's responsibility to implement all required measures (e.g. fences,

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mailto:[email protected]



enclosures, etc.) in order to strictly control the pedestrian traffic in the construction area and to prevent any pedestrian approaching into the areas of construction hazard, or any other dangerous area.

2.2 The Vendor shall be attentive to the needs of pedestrians that are visually or

physically impaired, and the Vendor must be prepared at all times to assist in the safe and comfortable passage of these pedestrians.

3. DISPOSAL OF SURPLUS EXCAVATED MATERIAL AND REMOVALS

3.1 All surplus excavated materials, removals, grindings and all other debris, including from the removal of existing sprinkler system shall be disposed of offsite. No separate payment shall be made for the costs associated with this work.

3.2 The City of Toronto will not make arrangements for the disposal of surplus materials

or supply bills of lading.

3.3 The Vendor shall assume full ownership of the surplus excavated material and shall be solely responsible for its removal and disposal. The Vendor shall indemnify and hold harmless the City and each of its elected officials, officers, employees and agents from and against all claims, demands, actions, suits or proceeding which may arise in connection with the excavated material and the handling and disposal thereof.

3.4 Stockpiling of excavated material within the City street allowance is not permitted. The Vendor shall dispose of all excavated material off site immediately upon removal.

4. SMOG ALERT RESPONSE PLANS

4.1 The Vendor, when notified by the City that the City’s Smog Alert Response Plan has been implemented, shall, where applicable:

suspend use of oil based products except for roadway line painting required to address safety concerns or to reduce traffic congestion;

suspend all pesticide spraying;

suspend grass cutting operations;

not allow refuelling during daytime hours;

reduce equipment and vehicle idling as much as practical;

curtail the use of two-stroke engines as much as practical;

suspend normal street sweeping of all roadways during daytime hours except where there is an urgent need for clean-up, i.e. following a special event such as Caribana;

suspend the operation of loop cutting tar pots; and

suspend any non-essential planned traffic control device installation or modification work which will require lane closures or require complete deactivation of the traffic control device. Work that is required to address safety concerns or to reduce traffic congestion may continue.

4.2 Asphalt paving operations using SS-1 tack coat (water based) may continue.

4.3 A Smog Alert may be preceded by a Smog Watch. A Smog Watch is issued when there is a 50 percent chance that a smog day is coming within the next three (3)

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days. The Vendor shall not be entitled to any additional payment or extension of Contract Time due to the implementation of the Smog Alert Response Plans.

4.4 Notwithstanding the above, if it is necessary and the City ordered the suspension of paving operations, payment and/or extension of the Contract for the suspension of asphalt paving operations shall only be made if notification by the Executive Director or General Manager to suspend work is made in less than four hours prior to starting of such operations, and if such suspension has detrimentally impacted on the Vendor's work schedule. The Vendor shall provide supporting documentation identifying the impact and associated fair and reasonable costs in accordance with the General Conditions of Contract section 2.4.16 and Supplementary to GC 3.24 Records and any delay in accordance with Conditions of Contract section 6.5.6 and Supplementary to GC 3.6.2.

. 4.5 Payment for this work, at actual costs incurred, shall be made under the

Appropriate provisional item(s) identified in the Pricing Form and in accordance with the General Conditions of Contract section 6.2.3 and 6.2.4 and Supplementary to GC 3.24.1 Payment on a Time and Material Basis with the exception of any mark ups.

5. SECURITY AND CONSTRUCTION SIGN

5.1 The Vendor shall be responsible for the security of the Work of this Contract from the time the Place of the Work is turned over to him until all Work has been completed.

5.2 The Vendor shall take all necessary precautions to ensure that the construction site

does not pose a hazard to the public for the duration of the project. Appropriate safety and warning signs must be posted. All such site security measures shall be removed from the site at the completion of the project.

5.3 The Vendor shall supply an Emergency Call Sign that shall be posted in a prominent area. The sign shall conform to City's standard drawing T-216.02-24

6. MATERIAL AND TRUCK WEIGHING

6.1 The City reserves the right to randomly verify the quantity of materials supplied in connection with this Contract. Prior to unloading of materials that are priced on a unit weight basis (“unit weight materials”), the weight tickets must be provided to the City (or in his/her absence, the City’s inspector). Material weight tickets that are not provided to the City or the City’s inspector prior to unloading will not be accepted later for payment.

6.2 When directed by the City, trucks carrying unit weight materials shall proceed

immediately to a City’s weighing facility as specified by the City. After passing through the City’s weight scale and unloading the materials, the empty truck shall return to the same facility to verify the vehicle tare if so directed by the City.

6.3 Should the weight verification show that the verified weight of the material is less

than what is shown on the Vendor’s weight ticket by more than 1.0%, the payment for the affected load shall be made based on the weight measured by the City’s

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weighing facility.

6.4 City will also adjust the method of measurement for all following loads that are not weight-verified but have been delivered to the site before a new weight verification process can prove the Vendor had rectified the weight inconsistency. The weight of the following loads will be adjusted based on an adjustment factor determined from the most recently weight-verified load.

7. NOISE REGULATIONS

7.1 The Vendor shall comply with all City noise bylaws. In addition, the Vendor shall ensure the following:

Equipment shall be maintained in an operating condition that prevents unnecessary noise, including but not limited to proper muffler systems, properly secured components and the lubrication of all moving parts;

Idling of equipment shall be restricted to the minimum necessary for the proper performance of the specified work; and

Where necessary, place noise attenuation devices (barriers) around Vendor’s construction equipment.

8. SPILLS REPORTING

8.1 Spills or discharges of pollutants or contaminants under the control of the Vendor, and spills or discharges of pollutants or contaminants that are a result of the Vendor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the City. Spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990, c. E.19, as may be amended.

8.2 All spills or discharges of liquid, other than accumulated rain water, from luminaries,

internally illuminated signs, lamps, and liquid type transformers under the control of the Vendor, and all spills or discharges from this equipment that are a result of the Vendor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCBs and shall forthwith be reported to the Contract Administrator.

8.3 This reporting will not relieve the Vendor of his legislated responsibilities regarding such spills or discharges.

9. CONTRACT SPECIFICATIONS

9.1 All work on this project is to be completed in accordance with the specifications set out in the Contract Documents and drawings.

9.2 Any other required work, for which no specifications are contained herein, shall conform to the City of Toronto Standard Construction Specifications and Drawings for Roads, the City of Toronto Standard Construction Specifications and Drawings for Sewers and Water Mains, the Ontario Provincial Standard Specifications and the Ontario Provincial Standard Drawings.

9.3 Where there are conflicting statements between any of the City of Toronto and the

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Ontario Provincial specifications and drawings, the City of Toronto specifications and drawings shall govern.

9.4 The City of Toronto and Ontario Provincial specifications and drawings are not

included with the contract documents but will form part of the Contract and shall be considered as such by every Vendor and subcontractor bidding the work.

9.5 It shall be the Vendor’s responsibility to familiarize himself with these specifications

and drawings and to keep a current copy on-site at all times.

9.6 The City's Standard Construction Specifications may be viewed on the City of Toronto website. http://www.toronto.ca/calldocuments/construction_specs.htm.

10. COMMENCEMENT AND SUBSTANTIAL PERFORMANCE

10.1 The Vendor shall begin Work on a date to be specified in a written order by the City of Toronto acting through its Executive Director of Technical Services or their designate (the "Order to Commence").

10.2 A continuous and progressive operation shall be carried out until the Work is completed.

10.3 The date of the Order to Commence work will be determined by the Executive Director of Technical Services or their designate but in no circumstances will the Order to Commence be issued until the Contract has been executed by the Vendor and the specified bonding and insurance documentation has been submitted and verified to be in a form satisfactory to the City.

10.4 The Vendor shall achieve Substantial Performance of the Contract by the date specified in the Contract.

10.5 The Vendor shall, if necessary to complete the Work within the time stated and after the written permission of the Executive Director of Technical Services or their designate has been obtained, work nights, Saturdays and holidays without changes in the Contract Price.

10.6 The Vendor shall submit a detailed design and construction schedule to the City for

review prior to any payments being made in accordance with RFP Section 3.3 and shall by every means carry out the schedule to this end.

11. EXISTING UTILITIES

11.1 It shall be the Vendor's responsibility to contact the local utility authorities to determine the exact locations of various utilities and arrange for the appropriate protection within the Contract limits.

11.2 The Vendor shall provide the Executive Director with a copy of the stakeout sheets

supplied by the utility locators, prior to construction.

11.3 The attention of the Vendor is drawn to the presence of utility pole lines, close

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http://www.toronto.ca/calldocuments/construction_specs.htm



proximity of the overhead wires, buried gas mains, buried Bell conduit structure, buried/overhead cable TV and other buried utilities or services as may exist adjacent to and/or in the Place of the Work.

11.4 Before excavating across or along any utility or service, the Vendor shall determine

its exact location and elevation. The utility or service shall be exposed by hand excavation and shall be adequately supported and/or protected before proceeding with machine excavation. All costs for fulfilling these requirements shall be included in the appropriate RFP items and no separate payment will be made. The Vendor is fully responsible for the protection of all utilities and services within the Contract limits.

11.5 It should be noted that compaction of backfill below any services or utilities will not be accepted in lieu of proper support as per City of Toronto Standards.

11.6 An attempt has been made to indicate the utilities on the drawings; however, the

accuracy or completeness of this information is not guaranteed nor shall the Executive Director be liable for the incorrectness or inadequacy thereof.

11.7 If a utility or service, either underground or surface, interferes with construction, the

Vendor shall move to another appropriate location until the problem is resolved. If there is no suitable alternate location, the Vendor may cease operations temporarily. The City will not accept any claims for damages or for any costs arising from such a delay.

12. SOME PROVISIONS IN THE HARMONIZED SALES TAX AND THE NON-RESIDENT WITHHOLDING TAX

12.1 In the preparation of this RFP, Proponents should be fully acquainted with all relevant

tax statutes, regulations and amendments thereto, specifically those conditions applicable to the City of Toronto, the provisions of which may exempt from taxes certain materials and services purchased or supplied by the Proponent for the City of Toronto and incorporated into the Work.

12.2 Without limiting the foregoing, Proponent shall also be fully acquainted with

Harmonized Sales Tax legislation and regulations as amended from time to time.

12.3 Proponents are advised that claims arising from disputes with the City are subject to the foregoing conditions in respect to Harmonized Sales Tax.

12.4 The City does NOT in any way authorize Vendors or subcontractors to purchase

material at the source on a tax-exempt basis.

12.5 The Vendor shall segregate HST as a separate item on any progress billings for payment.

12.6 In the event of a change, appropriate adjustments will be made prior to the issuance

of the final payment certificate to ensure that the proper amount of tax is paid or the maximum refund is secured for the City of Toronto whichever the case may be. Vendor's mark-ups will not be allowed in the event of processing an applicable tax

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adjustment.

12.7 All goods to be furnished under this Contract with the exception of spare parts and any other supply of movable equipment (Tangible Personal Property) will become part of real property.

12.8 In the event of a change in the application of any tax, the Vendor shall co-operate

with The City of Toronto to ensure that the proper amount of tax is paid or the maximum refund is secured for this municipality whichever the case may be. Vendor's mark-ups will not be allowed in the event of processing an applicable tax adjustment.

12.9 Harmonized Sale Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in the call.

12.10 HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the Price Schedule and any subsequent invoices.

12.11 For Proponents from outside Canada to deliver services in Canada, a 15% non-resident withholding tax, under Regulation 105 of the Income Tax Act, will be deducted from the service fees for the services rendered in Canada, unless Pro obtain a waiver letter from the Canada Revenue Agency. The waiver application form can be downloaded from this web-link: http://www.cra-arc.gc.ca/E/pbg/tf/r105/r105-fill-08e.pdf.

13. CO-ORDINATION AND PROGRESS MEETINGS

13.1 The Vendor shall attend regular meetings with the City of Toronto, Utility Companies such as Toronto Hydro, Toronto Transit Commission, and others as may be required by the City to co-ordinate services affected by the Contract and to monitor on-going administration and progress of the contract.

14. PROVISIONAL ITEMS

14.1 Several items for this Contract may have been identified in the RFP and Contract Documents as Provisional Items. The City may cancel Provisional Items at any time during the Contract.

14.2 The Vendor shall have no claim for loss of overhead or profit should the City decide

to delete any or all Provisional Item(s).

15. EQUIVALENTS AND ALTERNATIVES

15.1 Definitions

In this section:

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"First-Named Supplier" and "First-Named Product" mean, respectively, a Supplier and Product upon which the quality and design of the Work has been based, as specified in the Contract Documents.

"Equivalent" means a Supplier or Product that is listed after the First-Named Supplier or equipment or material or product in the Contract Documents.

"Alternative" means a Supplier or Product proposed by the Vendor, or an alternate method of undertaking the Work proposed by the Vendor, that is not listed or specified in the Contract Documents.

15.2 First Named Supplier or Product

The Vendor shall only use First-Named Suppliers and First-Named Products, or Equivalents, unless an Alternative is approved by the City.

15.3 Use of Equivalent

The Vendor may use an Equivalent named in the Contract Documents and shall include the supply and installation of such Equivalent and all Product and labour necessary to complete the Work at no additional cost to the City, whether or not the use of such Equivalent affects the design or manner of completion of the Work.

15.4 Use of Alternative

The Vendor may propose the use of an Alternative to the City for consideration following the issuance of an Order to Commence Work. The submission of a proposal for an Alternative may include alternate Subcontractor(s), through whom the Alternative is being offered, other than those named under the Subcontractor listing in the RFP Submission Package.

All Alternative proposals must be supported by sufficient technical documentation to permit a proper analysis and evaluation of the proposed Alternative by the City. In order to be considered, any Alternative proposal must provide price savings, quality improvement(s), operational savings, schedule benefit(s), or a combination thereof. The Alternative proposal must include a detailed point by point comparison listing differences between the proposed Alternative and the First-Named Supplier or First-Named Product.

Supporting documentation in the proposal must be clear, specific and sufficiently detailed to ensure that there is no ambiguity about what is being proposed, including any effect the proposal may have on the completed Work. Proposed Alternatives which, in the opinion of the City, are not accompanied by adequate supporting documentation, or are submitted with insufficient time for a proper review, will not be considered.

The cost of a review by the City of a proposed Alternative will be entirely at the cost of the Vendor and will be credited to the City against the Contract Price.

15.5 The City shall have the right, in its sole and absolute discretion, to accept or reject any proposed Alternative, including any proposed Subcontractor.

16. PLANT EVACUATION DRILL

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16.1 City staff will organize a drill to evacuate an area or the entire Plant as an exercise in case of emergency. All Vendors will be informed of the exercise a minimum of one week in advance by the Executive Director of Technical Services. The Vendor, and any subcontractors present at the Plant during the drill, must participate in the exercise. It is anticipated that one drill will be organised per year, lasting approximately one hour. The Vendor shall allow for the cost of this exercise in the Lump Sum RFP Price and no separate payment shall be made.

17. SUBSURFACE CONDITIONS

17.1 The Vendor shall promptly notify the City, in writing, if, in his opinion, the subsurface conditions of the Place of Work differ materially from those indicated by available information or a reasonable inference of probable conditions based thereon.

18. PROHIBITED PRODUCTS

18.1 Hazardous products and materials containing any one of the Class A1 carcinogen substances listed below, as indicated in their appropriate Material Safety Data Sheets, are prohibited from any City of Toronto property or work site. The Vendor shall, therefore, find and use alternative products.

18.2 These substances are known cancer causing agents in humans and are termed Class A1 carcinogens according to the latest version of the American Conference of Governmental Industrial Hygienists (ACGIH). Note that there are three Proposed Class A1 carcinogens listed at the end.

Class A1 Carcinogens (IUPAC name) CAS number

4 – Aminodiphenyl 92-67-1

Arsenic, elemental & inorganic 7440-38-2

Asbestos – amosite 12172-73-5

Asbestos – chrysotile 12001-29-5

Asbestos- crocidolite 12001-28-4

Asbestos- other forms N/A

Benzene (skin) 71-43-2

Benzidine (skin) 92-87-5

Beryllium and compounds 7440-41-7

Bis(Chloromethyl)ether 542-88-1

Chromite ore processing (Chromate),as Cr N/A

Chromium (VI), water soluble compounds N/A

Chromium (VI), insoluble compounds N/A

Coal tar pitch volatiles 65996-93-2

j-Napthylamine 91-59-8

Nickel sulphite, fume and dust N/A

Uranium (natural), soluble & insoluble 7440-61-1

Vinyl chloride (monomer) 75-01-4

Wood dust (certain hard woods as beech and oak) N/A

Zinc chromates 13530-65-9,11103-86-9,37300-23-5

Proposed Class A1 Carcinogens (IUPAC name) CAS number Nickel, insoluble compounds N/A

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Nickel susulphide 12035-72-2

Oil mist, mineral, containing sum total of 15 N/A Polynuclear aromatic hydrocarbons (PAHs)

Listed as carcinogens by the U.S. National Toxicology Program (NTP).

24.3 Vendors using beech and oak should use power tools only when necessary and only when wearing proper respiratory equipment to protect from wood dust.

19. NIGHT, WEEKEND AND HOLIDAY WORK

19.1 Provided that the Vendor is advised by the Executive Director of Technical Services that night, weekend or holiday Work may be required in the Contract, the Executive Director of Technical Services may, where he deems it necessary to speed up the work or deems it necessary or expedient in order to preserve and maintain in traffic over or on any street or road, or to restore utility service, order any work to be carried out in whole or in part at night or on a two or three shift basis, or on weekend or holidays, and the Vendor shall have no claim for extra compensation in respect thereof.

19.2 Except in the case of an emergency, no work shall be undertaken at night or on

Sundays without the consent in writing of the Executive Director of Technical Services.

19.3 The Vendor shall, as far as possible, refrain from work on days which are legal

holidays in the City of Toronto, and if he desires to work on any such holiday, he shall notify the Executive Director of Technical Services in writing at least four (4) days in advance of such holiday of his intention to work, stating the areas where the Work will be conducted.

19.4 If the Vendor fails to give such notice and obtain consent in advance of any holiday,

such failure shall be considered as an indication that no Work requiring the presence of an authorized representative is to be done by the Vendor on such a holiday.

20. INSURANCE

20.1 Refer to Section 5.9 of the RFP document.

21. SUBSTANTIAL PERFORMANCE

21.1 Refer to Appendix D – Supplementary Conditions SC 2.26.

22. INTERPRETATION OF DOCUMENTS AND ADDENDA

22.1 Should any person contemplating submitting a Proposal find discrepancies or omissions in the Contract Documents, or should he be in doubt as to their true meaning, clarification may be obtained by writing to the Buyer referenced on the RFP Cover Page.

22.2 Such clarification and interpretation will be issued by Addenda distributed to recipient of the Contract Documents. All addenda issued during the time of issuing shall be

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taken into account in preparing the RFP. Oral instructions are invalid, unless confirmed in writing.

23. PAYROLL BURDEN RATE FOR WORK ON A TIME AND MATERIAL BASIS

Standard Rate (40%)

23.1 The Owner will pay the Vendor’s Payroll Burden at a standard 40% of the wages and salary portion of the Cost of Labour for change in the work in the Contract that is carried out on a Time and Material basis.

Option for Vendor’s Actual Payroll Burden Rate

23.2 Alternatively, the Owner will consider paying at the Vendor’s actual payroll burden rate. To be considered for this option, the Vendor MUST submit their actual payroll burden rate on the Owner’s prescribed Vendor’s Payroll Burden Form ("Form") prior to the commencement of any work on a Time and Material basis, preferably at the pre-construction meeting.

23.3 The Form is available from the City upon request and it shall be completed, certified and signed by the Vendor’s external auditor. The Payroll Burden rate shall be calculated from the total expenditures of wages, salaries and benefits for all of the Vendor's employees paid during the previous 12 month calendar year (i.e. January 1st to December 31st). All permitted expenses in relation to labour costs are included on the prescribed Form.

23.4 If accepted, the submitted Form shall be effective until January 31st of the following year and the payroll burden rate will apply to all Time and Material works carried out within the effective period of the Form. If the Vendor fails to submit a signed Form before the commencement of any work on a Time and Material basis, or if the submitted Form is not acceptable to the Owner, the Owner will apply the 40% standard payroll burden rate for all works that are carried out on a Time and Material basis under this Contract until a Form is submitted by the Vendor and accepted by the Owner.

23.5 During the Contract period, the Vendor must submit an updated Form by January 31st of a new calendar year. If accepted, the updated Form shall be effective until January 31st of the following year. If the Vendor failed to submit an updated Form or the submitted Form is not accepable, the Owner will apply the standard 40% payroll burden rate to all Time and Material works carried out under this Contract until an updated Form is submitted by the Vendor and accepted by the Owner.

23.6 The Owner reserves the right to terminate the application of the Vendor’s actual payroll burden rate and apply the standard 40% payroll burden rate if the Form is found to be not accurately completed after its acceptance.

23.7 Vendor’s labour rates used in the work based on a Time and Material basis are subject to verification by the City of Toronto’s Fair Wage Office.

23.8 All information in relation to Vendor’s Payroll Burden may be audited at the Owner’s discretion. The Vendor agrees to keep complete and accurate books, payrolls,

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accounts and employment records and make the records available for audit by the Owner upon request. The Owner reserves the right to recover any overpayment to the Vendor affected by the audit.

24. REFERENCE DOCUMENTATION

24.1 All index and reference numbers in the RFP Package, Plans and/or Specifications, or Index are given for the convenience of the Vendor and as such must be taken only as a general guide to the items referred to. It must not be assumed that such numbering is the only reference to each item, but the Contract as a whole must be fully read in detail for each item.

24.2 The address of the office of the Project Engineer:

The City of Toronto, Engineering and Construction Services 7th Floor, Metro Hall 55 John Street, Toronto, Ontario, M5V 3C6

25. SERVICE STANDARDS FOR VENDORS IN RESPONDING TO THIRD PARTY CLAIMS

25.1 Without limiting the obligations of the Vendor under section 25.2, the Vendor, or the Vendor's insurer, shall:

a) respond to all third party claimants in a timely manner, b) ensure that third party claimants are provided with accurate information about the status of their claim, and c) where appropriate, notify third party claimants of the relevant activity on their

claims and provide them with information.

25.2. (1) If the Vendor receives notice of a third party claim from a claimant relating to or arising out of the Contract, the Vendor shall immediately forward the notice of claim to the City Clerk's office at [email protected].

(2) Once the Vendor receives notice of a third party claim from the City's adjuster,

relating to or arising out of the Contract, the Vendor, or the Vendor's insurer, shall:

(a) within 5 Working Days of receiving notice of the claim, send a letter to the claimant acknowledging receipt of the claim and provide the claimant with the contact information of the Vendor's Superintendent, or another person representing the Vendor, to whom the claimant can refer questions regarding the claim.

(b) conduct an investigation of the claim and make a decision regarding the

claim that is based on a proper consideration of the facts.

(c) within 25 Working Days of receiving notice of the claim, provide the claimant with a letter advising of the results of the investigation and clearly explaining the Vendor's decision regarding the claim or should the Vendor

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mailto:[email protected]



require the involvement of their insurance company to resolve the claim, this shall be forwarded to the insurance company and the claimant notified within the allotted time above.

An extension of time for responding to the claimant may be provided in writing by the City, if the Vendor or the Vendor's insurer, in writing, provides the City with a request for an extension as well as the reasons for the extension. In considering whether to provide an extension under this section, the City shall consider the Vendor's, or the Vendor's insurer's, reasons for the request and all of the surrounding circumstances including good customer service standards. Once the Vendor forwards the claim to their respective insurer, the resolution of the claim shall follow the insurance industry standards for claim investigation.

(3) If an extension of time is provided under subs. 25.2(2), the Vendor, or the

Vendor's insurer, shall write to the claimant advising that the investigation is on-going, advise of the date by which the Vendor or its insurer will report the results of the investigation to the claimant, and explain the reasons why additional time is required to make a decision on the claim.

(4) A copy of all letters sent to the claimant by or on behalf of the Vendor,

including letters sent by the Vendor's insurer, pursuant to this section shall be copied to the City, and the City's adjuster.

25.3. (1) If the Vendor fails to meet any of its obligations under section 25.1 or 25.2,

the City shall provide the Vendor with notice that these obligations must be fulfilled.

(2) If the Vendor does not meet its obligations under section 1 or 2 within 5

Working Days from receipt of the notice provided to the Vendor pursuant to subs. 3(1), the City may hold back an amount of $10,000.00 from monies payable to the Vendor under this Agreement.

(3) Subject to its right to exercise any other right of hold back or set-off, including the City's rights under the Supplementary GC's, the City will release the monies held back pursuant to subs. 25.3(2) once it has received evidence that the Vendor has sent the claimant a letter(s) in accordance with subsections 25.2(2)(a) and (c).

25.4. Where appropriate, the Vendor shall ensure its insurer takes all of the appropriate

steps to meet the obligations under sections 1 to 3, failing which the Vendor shall be responsible for undertaking these obligations itself.

25.5. The Vendor shall provide to the City monthly updates on the status of all third party

claims received until claim resolution.

26. WORKPLACE SAFETY AND INSURANCE ACT

26.1 Before commencing Work the Vendor shall provide the City with a valid clearance certificate from the Workplace Safety & Insurance Board (WSIB), and

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shall continue to provide valid clearance certificates from the WSIB for the duration of the Contract. Prior to produce a the release of final monies owing by the City of Toronto, the Vendor will be required to certificate issued by the Board to the effect that she/he and her/his subcontractors have paid in full their assessment based on a true statement of the amount of payrolls. If such a certificate cannot be provided because the Vendor is considered by WSIB to be an independent operator without coverage, a letter to this effect from the WSIB shall be provided by the Vendor.

27. LIQUIDATED DAMAGES

27.1 The Vendor recognizes and agrees that the Owner will suffer financial loss if substantial performance of the Contract is not attained within the time specified in the Contract. The Vendor also recognizes the delays, expenses and difficulties involved in proving the actual loss suffered by the Owner if substantial performance of the Contract is not attained on time. Accordingly, instead of requiring any such proof, the Vendor agrees that as liquidated damages for delay (but not as penalty) the Vendor shall pay to the Owner, as liquidated damages, $300 per Working Day for each and every Working Day's delay from the specified time for attainment of substantial performance of the Contract until substantial performance of the Contract is certified and it is further expressly acknowledged and agreed by the Vendor that:

(a) this amount is a reasonable estimate of the actual damage that will be incurred by the Owner due to any failure to attain substantial performance within the time required by this Contract;

(b) the Owner may deduct the amount due under this section from any monies that may be due or payable to the Vendor, whether under this Contract or any other agreement;

(c) the liquidated damages provided for in this section shall be without prejudice to any other remedy to which the Owner is entitled at law or in equity.

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APPENDIX F

Bid Bond Form RFP No. 9117-17-7100

BOND NO:

KNOW ALL MEN BY THESE PRESENTS that we

herein called the "Principal"

- and -

herein called the "Surety"

are jointly and severally held and firmly bound unto the City of Toronto, hereinafter called the "City", each, in the penal sum of

10% of quoted price

of lawful money of Canada, to be paid to the City or to its successors or assigns for which payment well and truly to be made, we jointly and severally bind ourselves, our and each of our several and respective executors, administrators, successors and assigns and every of them forever firmly by these presents.

SEALED with our several and respective seals.

DATED this day of 20

WHEREAS the said Principal is herewith submitting to the City its Proposal for

RFP NO. 9117-17-7100

ISLAND WATER TREATMENT PLANT – DESIGN/BUILD/EXECUTE CLEANING OF THE ISLAND WATER TREATMENT PLANT'S DEEP WATER INTAKES

and the said RFP provides that it is to continue open to acceptance and to be irrevocable until the formal contract is executed by the successful Proponent.

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APPENDIX F

Bid Bond Form RFP No. 9117-17-7100

NOW the condition of this obligation is such that if, on acceptance of the RFP of the aforesaid Principal in accordance with the terms and conditions of said RFP within 120 days from the closing date of the RFP, the said Principal shall, within the time required, enter into a formal contract and give good and sufficient bonds required by the said RFP to secure

(i) the performance of the terms and conditions of the contract, and

(ii) payment for certain labour and materials,

both in the forms required by the City then this obligation shall be void; otherwise the Principal and Surety will pay unto the City the difference in money between the total amount of the RFPof the said Principal and the sums of the amount for which the City legally contracts with another party to perform the work and for which the City of Toronto may expend or for which it may become liable by reason of such default or failure, including the cost of any advertisement for new RFPs if the latter sums of the amount be in excess of the former; but in no event shall the Surety's liability exceed the penal sum hereof.

AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable as Principal and that nothing of any kind or matter whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law or usage relating to the liability of Sureties to the contrary notwithstanding.

SEALED AND DELIVERED )

in the presence of )

)

) Principal

)

)

)

) Surety

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Confined Space Entry Cluster B Health & Safety 2014

Safety Procedure SP 09

SP 09 Confined Space Entry Obtain Current version from Cluster B H&S Site page 1 of 12

Purpose

The purpose of this safety procedure is to specify the general requirements, in accordance with the confined space regulations of the Occupational Health & Safety Act, for entry into confined spaces as part of the City of Toronto’s confined space program.

Hazards There are many hazards associated with confined space work: Combustible atmospheres Hot Work Poor lighting/visibility Oxygen deficiency (less than 19.5%) Noise Insects/animals Oxygen enrichment (more than 23%) Temperature extremes Harmful substances Toxic atmospheres High water flow Poor housekeeping Irregular/slippery walking surfaces Traffic Psychological factors Hazardous energy Biological Constricted space Engulfment Drowning Moving machinery Falls

General Requirements Prior to any confined space entry, all requirements of the Ontario Occupational Health and Safety Act and Regulations, Corporate policy, this procedure and, where required, site/work specific procedures, shall be complied with.

Training All personnel who are required to enter confined spaces shall be trained in confined space entry which will include:

legislative, corporate and departmental requirements;

confined space recognition;

hazard recognition;

record keeping requirements;

the proper use of tools, machinery and safety equipment;

familiarity with this procedure and other appropriate site-specific procedures;

plan specific procedures and on-site rescue procedures;

first aid and Cardio-Pulmonary Resuscitation(CPR);

lockout, tag and test;

hotwork requirements;

practical training by supervisor in the use of safety equipment such as fall arrest systems, retrieval systems, body harnesses, gas detection devices, respiratory equipment, communication systems, etc. ; and

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SAFETY PROCEDURE Confined Space Entry

SP 09 Confined Space Entry Obtain Current version from Cluster B H&S Site 2

training in other procedures, such as Safety Procedure, SP015.03, Traffic Control, where required.

Confined Space Recognition and Identification

Each division shall develop a list of confined spaces.

Each facility/location/yard manager shall assign a qualified worker to identify the confined spaces into which workers may be required to enter.

These spaces may be documented as either always being considered confined spaces, or those which may become confined spaces as a result of the work activities being performed therein.

For each facility/location/yard, definite confined spaces shall have appropriate signage placed at the entrance(s) where practicable.

Maintenance holes that lead to sewage systems are definite confined spaces but do not require identification signage.

Workers shall be advised in writing of definite and possible confined spaces in their assigned work areas into which they may be required to enter.

Contractors and external consultants shall also be advised in writing of definite and possible confined spaces in their assigned work areas, into which they may be required to enter.

Pre-Entry

1(a). Hazard Assessment

Before a worker enters a possible confined space, the supervisor shall appoint a qualified worker to carry out an assessment of the hazards into which the worker may be exposed to in the space.

The appointed worker shall complete the Confined Space Hazard Assessment form (SP001-a) and shall consider: the hazards that may exist due to the design, construction, location, use or

contents of the space; and the hazards that may develop during the work that may be done in the space.

If this assessment establishes that the space is not a confined space, appropriate precautions may still be required.

Where the assessment has concluded that it is a confined space, the full procedure shall apply.

1(b). Entry Control Plan The supervisor shall ensure that a Confined Space Entry Control & Rescue Plan,

(SP001-b) is developed and implemented for each confined space, before a worker enters the confined space.

The plan shall include methods, procedures and practices for controlling all hazards identified in the Confined Space Hazard Assessment form and the procedures for rescue in the event of an emergency.

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The supervisor shall ensure that the emergency procedures including the use of all rescue equipment shall be practiced on a regular basis to ensure proficiency. A quarterly basis is considered to be the minimum standard.

Before a worker enters the confined space, the supervisor shall ensure that the worker has received adequate training in the site specific Entry Control Plan.

A record of the Rescue Plan training shall be included in the Confined Space Entry Control & Rescue Plan

1(c). Emergency Rescue No person shall enter or remain in a confined space unless an effective rescue

can be carried out.

The supervisor shall ensure that a suitable emergency rescue plan(s) is developed prior to assigning work in any confined space or spaces, and that the employees are trained in the requirements of the plan(s).

Rescue plans shall be specific to the space or classes of spaces to be entered.

The supervisor shall set out in writing, in the Confined Space Control & Rescue Plan, the procedures to be followed in the event of an emergency in or near a confined space, including a procedure for immediate evacuation.

A record of the emergency rescue training shall be included in the Confined Space Permit.

Where practicable, a non-entry retrieval system shall be used to remove the affected worker from the confined space.

An approved full body harness shall be worn by all entry persons to facilitate potential rescue.

No one may enter a confined space, even for rescue purposes, unless there is an attendant present.

Any rescue attempt shall only be made when the rescuer is properly trained to perform a rescue, is wearing self contained breathing apparatus (SCBA) and other appropriate equipment, and where all risks have been controlled.

After retrieval, the Emergency Services shall be notified (911); first aid/Cardio-Pulmonary Resuscitation (CPR) shall be performed. Immediately thereafter, the supervisor shall be informed.

1(d). Equipment Checks All equipment and devices required for the specific job must be inspected and/or

tested prior to each entry to ensure proper operation.

Any equipment or device, which does not meet accepted safe operating standards, must be removed from service and repaired or replaced. Entry work shall not proceed unless the required equipment is present and operational.

Emergency rescue equipment shall be inspected by a qualified worker, as often as is necessary and immediately prior to each entry to ensure it is in good working order, and shall be recorded in writing on the Confined Space Entry Permit (SP001-c).

Equipment that may be required includes: Gas detection devices Forced Ventilation Traffic control devices Spark resistant tools Communication system Respiratory P.E.

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Fall arrest systems Standard P.P.E. Lighting (explosion proof) Warning signs Ladders Emergency equipment Barricades Lockout equipment

1(e). Confined Space Entry Permits For each confined space identified, a Confined Space Entry Permit, (SP001-c) shall be completed and signed by the attendant, who shall be a qualified worker. The permit shall include:

1. the location of the confined space; 2. a description of the work to be performed there; 3. a description of the hazards and the corresponding control measures; 4. the time period for which the entry permit applies; 5. the name of the attendant; 6. a record of each worker’s entries and exits; 7. a list of the equipment required for entry and rescue, and verification that the

equipment is in good working order; 8. results obtained in atmospheric testing; and 9. if the work to be performed in the confined space includes hot work, the

requirement for the Safety Procedure, SP023.05, Hot Work Permit Systems shall be followed.

1(f). Traffic Control For confined space operations in roadway allowances, traffic control measures as outlined in the safety procedure, SP015.03, Traffic Control, must be set up prior to entry into the confined space.

1(g). Preventing Unauthorized Entry For each confined space, the supervisor shall ensure that:

only authorized workers are allowed entry into the confined space, in accordance with the procedures identified in the plan;

all measures and procedures shall be in place;

each entrance into the confined space is to be adequately secured against unauthorized entry or accidental entry; and

adequate barricades, warning signs or any combination thereof, are installed to protect workers and the public.

1(h). Access and Egress An adequate means for entering and exiting shall be provided for all workers who enter a confined space.

1(i). Isolation Where practicable, isolate the confined space from the release of stored energy or

materials; (energy sources include electrical, pneumatic, hydraulic, chemical, gravity, thermal, steam, tension, momentum, spring pressure, head and line pressure, etc.

All sources of ignition shall be controlled.

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No worker shall enter a confined space unless the worker is adequately protected against drowning, engulfment, entrapment, suffocation and other hazards from free flowing material.

1(j). Lockout, Tag and Test Follow the safety procedure, SP-003.02, Lockout, Tag and Test. Disengage all energy sources from equipment, safely release stored energy or materials and secure all control devices in the off position with a lock. Tag the lock appropriately and test the system to ensure the disengagement has been successful.

1(k). Blanking Off Where practicable, all lines and systems, which may permit the entry of hazardous

materials, shall be blanked off.

1(l). Confined Space Monitoring Follow the safety procedure, SP-014.03, Gas Detection Equipment

The attendant and all workers entering a confined space shall have an appropriate gas monitor within their immediate working area that is operated continuously, in addition to the attendant’s gas monitor.

Gas monitors shall be calibrated by a qualified worker, as per manufacturer’s instruction and at least once a month with a known concentration of toxic and combustible gases to ensure sensors remain within manufacturer’s specifications.

A label shall be attached to the gas monitor indicating the time of the last calibration, the next calibration due date and signature of the calibrator.

Prior to opening a maintenance hole cover and prior to each entry, every confined space must be tested by a qualified worker for : Combustible atmosphere Toxic atmospheres; and Oxygen deficiency or enrichment.

Testing shall be done at varying levels from top to bottom within the confined space.

The results of the atmospheric sampling must be recorded in the Confined Space Entry Permit and retained by the supervisor for the longer of the following periods: 1. One year after the document is created or

2. The period that is necessary to ensure that at least the two most recent records of each kind that relate to a particular confined space are retained.

Entry shall only be made where tests indicate a safe atmosphere and is certified as such by a qualified worker or when additional adequate precautions have been implemented.

If there is no label on the machine, or it is past the calibration due date, it shall not be used.

Additionally, all gas monitors shall be bump tested daily to ensure that all alarm point settings are within specifications, when in use.

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1(m). Communication Supervisors shall ensure a communication system (cell phone, two-way radio) is

available at the work site for the purpose of calling on outside help.

Additionally, the attendant shall maintain effective and continuous communication with the entrants while they are in the confined space; where direct communication with outside workers is not possible, workers entering a confined space shall use intrinsically safe (explosion proof) communication devices.

1(n). Attendant An attendant(s) shall be stationed immediately outside and near the confined space entrance(s) and shall be assigned no other duties. The attendant shall be trained in First Aid and Cardio-Pulmonary Resuscitation (CPR) and shall carry proof of training. The attendant will be responsible for ensuring that:

the protective equipment required for entry and rescue is on hand, in use, or being worn by those entering the confined space, as required by the Confined Space Control & Rescue Plan,

the Confined Space Entry Permit has been completed prior to entry;

there is constant communication contact with all personnel in the confined space at all times;

communication devices necessary for summoning an adequate rescue response are present;

assistance is given to workers in the confined space, as they require it;

the access point(s) is guarded or secured at all times; if it becomes necessary for the attendant to leave, even for a few minutes, all workers must leave the confined space for the duration of the attendant’s absence, or another qualified worker must be assigned to act as a temporary attendant (note - this will require a revision to the entry permit);

prior to closing up the confined space, all entry workers have been accounted for and proof of this is to be recorded on the Confined Space Entry Permit form;

the emergency plan is present at the worksite and is reviewed and understood by all workers involved with the confined space entry; and

the plan is initiated, assistance is summoned, and emergency removal from the confined space is accomplished in a timely manner.

1(o). Entry Worker Supervisors shall ensure that all entry workers are trained in the requirements of the site specific Confined Space Control & Rescue Plan. Entry workers shall:

ensure all safety equipment is in good working order;

have portable lighting that is intrinsically safe;

wear all safety equipment required for safe confined space entry;

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wear a full body harness to facilitate potential rescue;

continuously monitor the atmosphere while in a confined space;

be aware of the potential hazards that may be encountered during entry and the limitations of equipment for control of these hazards;

know how to respond to emergencies including methods of self-rescue;

know the symptoms and warning signs of exposure to potential hazards;

notify the attendant of any emergency or unacceptable condition in the confined space; and

exit the confined space immediately if symptoms, warning signs, or unacceptable conditions occur or if directed by the attendant;

Entry

2(a). General The confined space shall only be entered after it has been assessed and evaluated

by a qualified worker who notes the hazard(s) on the Hazard Assessment form; a written Confined Space Control & Rescue Plan is developed by the supervisor, who indicates, the required precautions or protective equipment to be used; and a Confined Space Permit is completed by the confined space attendant.

Immediately before entry and every half hour (1/2) thereafter, the monitor readings shall be logged on the entry permit.

Immediately before every re-entry, the space shall be re-tested.

A copy of the permit shall be kept on site at all times.

The supervisor or designate shall be informed before any entry takes place.

The confined space shall be entered only after the required additional precautions or protective equipment is in place or being used.

Where practicable, if a hazardous atmosphere has been detected, the atmosphere shall be rendered safe by purging and ventilating.

If the gas monitor indicates a toxic or oxygen deficient hazard, the space shall be ventilated until safe.

If the hazard is an explosive gas, the space shall be inerted using an appropriate inert gas, where practicable (e.g. nitrogen) until the lower explosive limit (LEL) reading is at 0%. The space shall then be ventilated with fresh air until the oxygen is at a safe level.

If after testing it is found that inerting has not reduced the explosive gas level below regulated limits, re-purge and retest. If it is found that there is a continuous source of flammable gas, do not enter and contact your supervisor.

Workers shall immediately leave the confined space when the gas monitors alarms or when directed to by the attendant.

If mechanical ventilation is required, a failure warning system shall be provided that gives adequate warning to workers to ensure adequate time for their safe egress.

2(b). Entry into Toxic or Anoxic Atmospheres

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Where purging and ventilating fail to provide safe breathing conditions, a suitable portable respirator, a self contained breathing apparatus (SCBA) or a supplied airline respirator with an escape pack shall be used.

Continue to monitor for the Lower Explosive Limit (LEL) in the confined space even while wearing a self contained breathing apparatus in a toxic or anoxic atmosphere, and exit immediately, if the LEL sensor alarms.

2(c). Fall Protection Where there is a risk of falling:

three metres;

into operating machinery;

into water or another liquid;

onto a hazardous substance or object; or

through an opening on a work surface, Confined space workers and attendants shall wear and use fall arrest equipment in accordance with manufacturer’s specifications.

2(d). Hot Work Hot work includes any activity or the use of any tool or equipment that may be a

source of spark or ignition. This, for example, includes the use of electrical tools, lighting, communication devices, etc. that are not certified intrinsically safe.

Where the potential for flammable, combustible or explosive agents exists, no hot work shall be performed in a confined space unless a Hot Work Permit, identified in the safety procedure, SP023.05, Hot Work Permit Systems is issued by the supervisor in charge and continuous testing is performed.

Work shall continue only while the reading remains below 5% LEL.

2(e). Confined Spaces with Multi-Employer Involvement This section applies if the workers of more than one employer perform work in the same confined space or related work with respect to the same confined space.

Before any worker enters the confined space or begins related work with respect to the confined space one employer shall be designated as the lead employer.

The lead employer shall prepare a co-ordination document, in accordance with section 4 of Ontario Regulation 632/05, to protect the health and safety of all workers who perform work in the confined space or related work with respect to the confined space.

A copy of the co-ordination document shall be provided to,

(a) each employer of workers who perform work in the same confined space or related work with respect to the same confined space; and

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(b) the joint health and safety committee or health and safety representative, if any, for each employer of workers who perform work in the same confined space or related work with respect to the same confined space.

Responsibilities Workers shall:

work in accordance with legislative requirements, corporate policy and departmental safe work procedures;

attend all relevant confined space training before performing confined space work and apply the knowledge gained in the performance of their work;

use or wear all equipment required to safely perform their work;

report any violations, hazards or deficiencies in equipment to their immediate supervisor without delay;

assist supervisory staff in developing safety procedures for specific tasks; and

follow established procedures in the event of an injury, accident or emergency.

Supervisors shall:

evaluate and document work operations to determine where confined space entry procedures, devices and training are required in consultation with joint health and safety committees;

develop written site-specific safe work procedures for individual tasks, particularly in unusual or unique situations, in consultation with work crews and joint health and safety committees;

be familiar with all aspects of the departmental/divisional confined space entry program;

be familiar with the actual and potential hazards associated with confined space work;

ensure that the requirements of the program and related elements of the Occupational Health and Safety Act and regulations, and applicable industry standards, are applied at all times and if violations occur, that appropriate action be taken, which may include progressive discipline;

shall ensure that an adequate written plan, including procedures for the control of hazards identified in the assessment, has been developed and implemented before any worker enters a confined space;

ensure that all employees under their supervision who work in confined spaces are competent to do the assigned work and have been provided with instructions and training prior to commencing work;

provide practical training in the use of safety equipment such as fall arrest systems, retrieval systems, body harnesses, gas detection devices, respiratory equipment and communication systems, etc.;

ensure all records of training are retained indefinitely;

ensure all records of confined space permits, assessments and emergency response procedures are retained for the longer of the following periods: 1. One year after the document is created or

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2. The period that is necessary to ensure that at least the two most recent records of each kind that relate to a particular confined space are retained.

ensure that all equipment needed for confined space work is maintained in good working condition;

ensure that all workers use or wear required safety equipment when performing assigned task;

monitor staff to ensure procedures are followed; and

take every reasonable precaution to protect worker health and safety.

Definitions

“acceptable atmospheric levels” means that, (a) the atmospheric concentration of any explosive or flammable gas or vapour is less than,

(i) 25 per cent of its lower explosive limit, if the worker is performing only inspection work that does not produce a source of ignition, (ii) 10 per cent of its lower explosive limit, if the worker is performing only cold work and (iii) 5 per cent of its lower explosive limit, if the worker is performing hot work and is following all provisions of Safety Procedure, SP023.05, Hot Work Permit System.

(b) the oxygen content of the atmosphere is at least 19.5 per cent but not more than 23 per cent by volume; and

(c) the exposure to atmospheric contaminants does not exceed any applicable level set out in a regulation made under the Act such as The Control of Exposure to Biological or Chemical Agents and Designated Substances.

“adequate”, when used in relation to a procedure, plan, material, device, object or thing, means that it is, (a) sufficient for both its intended and its actual use; and

(b) sufficient to protect a worker from occupational illness or occupational injury. “anoxic” means an absence or near absence of oxygen and therefore, by regulation, an atmosphere less than 19.5% oxygen. “assessment” means an assessment of hazards with respect to one or more confined spaces in a workplace.

“atmospheric hazards” means, (a) the accumulation of flammable, combustible or explosive agents,

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(b) an oxygen content in the atmosphere that is less than 19.5 per cent or more than 23 per cent by volume, or

(c) the accumulation of atmospheric contaminants, including gases, vapours,

fumes, dusts or mists, that could,

(i) result in acute health effects that pose an immediate threat to life, Or

(ii) interfere with a person’s ability to escape unaided from a confined space. “cold work” means work that is not capable of producing a source of ignition. “confined space” means a fully or partially enclosed space, (a) that is not both designed and constructed for continuous human occupancy; and

(b) in which atmospheric hazards may occur because of its construction, location or contents or because of work that is done in it.

“doable” means capable of being done. “emergency work” means work performed in connection with an unforeseen event that involves an imminent danger to the life, health or safety of any person. “hot work” means work that is capable of producing a source of ignition. “Inerting” means displacing oxygen from a space using an inert gas (such as nitrogen, carbon dioxide or argon) to remove the hazard of fire or explosion. “plan” means a plan for one or more confined spaces in a workplace, as described in this procedure. “practicable” means doable. “purging” means removing contaminants inside the confined space by displacement with air to achieve acceptable atmospheric levels. “qualified worker” means a person with adequate knowledge, training and experience to perform the specific assigned work; a qualified worker is equivalent to a competent worker in the Construction Regulations. “Ventilation” means the continuous provision of fresh air into the confined space by mechanical means to maintain acceptable atmospheric levels.

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Legislative Requirements

Occupational Health and Safety Act, RSO 1990 Ontario Regulation 632/05 Regulation for Construction Projects, Reg. 213/91, amended to O. Reg. 628/05 Regulation for Industrial Establishments, Reg. 851, amended to O. Reg. 629/05 Distribution – City Manager, Deputy City Manager, Cluster “B”, Division Heads, Directors, Managers, Supervisors, HR OH&S/DM Manager, HR OH&S Consultants, CUPE Local 79, CUPE Local 416, TPFFA Local 3888, Joint Health and Safety Committees

Related Safety Procedures SP 02 Respiratory Protection

SP 06 Working with Wastewater

SP 10 Gas Detection Equipment

SP 12 Lockout, Tag & Test

SP 13 Hot work Permit

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CONFINED SPACE HAZARD ASSESSMENT

Cluster B Health & Safety

SP09 - a

Space Location _____________________________________________

_____________________________________________

Type of work to be performed _____________________________________________

_____________________________________________

_____________________________________________

Is this space designed for continuous occupancy? Yes No

Check any potential hazards that may exist in this space.

To be a confined space, a potential for an atmospheric hazard must exist.

Potential Hazards Y/N Source/ Type/ Explanation

Oxygen deficiency or enrichment

Explosive Atmosphere

Toxic Atmosphere

Hazardous Chemicals

Access/Egress

Constricted space

Electrical hazard

Stored Energy Hazards

Moving machinery

Falling hazard (person)

Falling hazard (objects)

Slip Hazards

Drowning

Engulfment

Entrapment

Poor lighting/visibility

Temperature /Thermal Hazards

Hazard from work activity

Traffic

Weather

SP09-a Confined Space Hazard Assessment Page 1 of 2 138 of 246

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CONFINED SPACE HAZARD ASSESSMENT


SP01 - a

SP09-a Confined Space Hazard Assessment Page 2 of 2

Other Hazards: ________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________ This space has been assessed taking into consideration its design, location, use and the type of hazards that may develop during the work activity specified. Is this a confined space? Yes No Name of Assessor ________________________________ Signature ________________________________ Date ________________________________

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CONFINED SPACE ENTRY CONTROL & RESCUE PLAN


SP 09 - b

SP 09 - b Confined Space Control Plan Page 1 of 3

Location of Confined Space _____________________________________________

Type of work to be performed _____________________________________________

_____________________________________________

All workers shall follow the Confined Space Entry Procedure SP 01 and be trained to safely perform their duties before entering this confined space. Based on the Hazard Assessment of this confined space, the following controls shall be implemented before entry: (checkmark required controls) Continuous Atmospheric Monitoring Required Yes ___ No ___ Oxygen Explosive Atmosphere Toxic Atmosphere Type - Toxic Atmosphere Type -

Ventilation Natural

Mechanical (with alarm) Type -

Personal Protective Equipment and Rescue Equipment Required Coveralls

Hearing Protection Type -

Goggles

Safety Boots

Hard Hat

Self Contained Breathing Apparatus

Air Line Respirator with escape pack

Air Escape Pack

Air Purifying Respirator Type -

Gloves Type

Other PPE Type -

Tripod/Hoist with mechanical winch

Full Body Harness

Life line

Fall protection shock absorber

Intrinsically Safe Lighting

Communication to Emergency Services

Intrinsically Safe Power Equipment

Ground Fault Circuit Interrupters for electrical equipment

Drowning Protection

Spark resistant tools

Fire Extinguisher (s)

Warning Sign and Barricades

Ladders

Other Equipment Type -

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Confined Space Entry Control & Rescue Plan

SP 09 - b Confined Space Entry Control & Rescue Plan 2

Communication with Entry Crew Verbal from access

Wireless radio/phone (intrinsically safe for entrants)

Line radio/phone (intrinsically safe for entrants)

Acceptable Entry Conditions

Confined Space Entry Permit completed

Hazardous atmospheres controlled/continuously monitored

On-site rescue procedure developed and listed on the Confined Space Permit

All required equipment for on-site rescue available and in good working order

No engulfing materials in space

Space drained flushed

Electrical / Mechanical lockout components in place

Hot Work Permit requirements in place

Piping blanked off

Forced mechanical ventilation established and maintained

No hazardous chemicals or material in space

Rescue personal and equipment in place

Dry weather/Low Flow conditions

Traffic controls in place

Trenching / Excavation controls in place

Training verified for all personnel

Multiple Employer Coordination Document required Yes___ No ___ When workers of multiple employers are to perform work in or related to the same confined space, the lead employer (or constructor) must produce coordination document that addresses roles and responsibilities of all parties. Other Hazard Controls Required:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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Confined Space Entry Control & Rescue Plan

SP 09 - b Confined Space Entry Control & Rescue Plan 3

On-Site Rescue Plan

This confined space has been assessed taking into consideration its design, location, use and the type of hazards that may develop during the work activity specified, and the following procedure shall be followed in the event of an emergency: Non- Entry Rescue

Rescue Person (s) Entry

Number of workers required for emergency rescue (including attendant)

Number of self contained breathing apparatus required

Number of air escape packs required

Number of full body harnesses (worn by all entry workers)

Retrieval device checked and verified before entry

Communication devices checked and verified before entry

Name _____________________ Position _______________________ Signature _____________________ Date _______________________

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CONFINED SPACE ENTRY PERMIT

(To be completed by outside attendant)


SP 09 - c

SP 09- c Confined Space Entry Permit 1

Location _______________________________________________________

Details of work to be done ____________________________________________ ____________________________________________

Time period that this permit is valid _______________________________________

Assessment & Controls

This location has been assessed and the potential hazards match the hazards indicated on the attached Confined Space Assessment form dated ______________.

The attached Confined Space Entry Control Plan dated _______________ shall be

followed. All controls indicated by the Confined Space Entry Control Plan for this space have

been implemented. All required emergency equipment is present has been inspected and is in good

working order. If hot work is to be performed, a Hot Work Permit has been issued by the supervisor

and all measures have been implemented as per Safe Working Procedure SWP023.05, Hot Work Permit System.

Gas Monitor(s) inspected and bump tested.

CONFINED SPACE ATMOSPHERIC RECORD Instrument(s) & Serial # (s): _____________________________________________ Instrument calibration due date(s): _____________________________________________

TIME EXACT LOCATION TOXIC 1 TOXIC 2 % LEL % O2 SIGNATURE

Toxic 1 = _________________ Toxic 2 = __________________

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CONFINED SPACE ENTRY PERMIT

(To be completed by outside attendant)


SP 09 - c

SP 09- c Confined Space Entry Permit 2

Location/Work Specific Training The following have been trained on the requirements of the Confined Space Control & Rescue Plan for this confined space entry by: Name ____________________________

This permit has been completed by: Name _____________________ Position _______________________ Signature _____________________ Date _______________________ ______________________________________________________________________ The work has been completed and no workers remain inside the confined space

at this site. Signature ____________________ Date __________________

Worker Name Attendant Entry Worker Rescue Person(s)

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CONFINED SPACE MULTI-EMPLOYER COORDINATION FORM


SP 09 - d

S 09-d 1 of 2

This form shall be attached to the Confined Space Control Plan when more than one employer performs work in the same confined space or related work with respect to the same confined space. The City of Toronto Confined Space Entry Program consists of the following documents:

City of Toronto Confined Space Entry Policy and Guidelines

Confined Space Entry Safe Working Procedure SP 09

Confined Space Entry Assessment Form SP09-a

Confined Space Entry Control & Rescue Plan Form SP09-b

Confined Space Entry Permit SP 09-c

Confined Space Entry Contractor Coordination Form SWP09-d

Confined Space Site-specific Inventory

A copy of this form shall be completed by the Constructor/Lead Employer and shall be provided to:

each employer of workers who perform work in the same confined space or related work with respect to the same confined space; and

the joint health and safety committee or health and safety representative, if any, for each employer of workers who perform work in the same confined space or related work with respect to the same confined space.

Confined Space Location:

________________________________________________________________________

Constructor/Lead Employer:

________________________________________________________________________

All Employers:

1. __________________________________________________________________ 2. __________________________________________________________________ 3. __________________________________________________________________ 4. __________________________________________________________________

Date(s) of Entry:

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Co-ordination Form

Coordination Form 2

Duties Employer Responsible Hazard assessment

Control plan

On-site rescue plan

Entry permit

Attendant

Entrant(s)

Rescue team

Personal protective equipment provision/inspection

Plan-specific training

Rescue equipment provision/inspection

Monitoring equipment provision/inspection

Atmospheric testing

Communications

Ventilation/purging

Entry/exit control

Lockout/isolation

Hot Work

Constructor/Lead Employer: _______________________ Position: _____________ Signature:_______________________________________ Date:________________

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Portable Gas Detection Equipment Cluster B Health & Safety

2014


SP 10 Portable Gas Detection Equipment Obtain Current version from Cluster B H&S Site page 1 of 4

Purpose The purpose of this procedure is to outline requirements for the use of continuous duty portable gas detection equipment.

Using Portable Gas Detection Equipment The following procedures apply to all portable gas detection equipment used by the Citizen Focused Services -Cluster B divisions: 1. Workers will only operate gas monitors that they have been trained to use

2. Inspect gas detector, before each use.

3. Report damaged, broken, missing or un-calibrated portable gas detectors to the immediate supervisor

4. Ensure battery is fully charged, before use.

5. Portable gas detection devices shall be bump-tested daily, or, if less frequently used, before each use, to ensure sensors remain within manufacturer’s specifications.

6. A label shall be attached to the portable gas detector indicating the time of the next servicing due date, unless the unit has the capability of being programmed to block a user from using it past its due date.

7. Do not attach the portable gas detector to a lifeline or fall arrest line.

8. Keep the portable gas detector dry and free of dirt.

9. If antiseptic products are being used to sterilize workers’ hands, allow sufficient time for the alcohol solvent to evaporate.

10. Always exit the area, if a portable gas detector alarms

11. Gas monitors shall be calibrated by qualified workers in accordance with the manufacturer's instructions

12. When not used for Confined Space Entry, gas readings will be documented on the Atmospheric Test Record (SP 10-a)

Portable Gas Detector Alarm Settings

Hydrogen Sulphide (H2S) 10 ppm

Lower Explosive Limit (LEL) 5% 1st set point 10% 2nd set point

Oxygen (O2) 19.5% low 23% high

Carbon Monoxide (CO) 25 ppm

Chlorine (Cl) .5 ppm

Sulphur Dioxide (SO2) 2 ppm

Ozone (O3) .1 ppm

For gasses not listed, alarm shall be set at the TWA

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SAFETY PROCEDURE Portable Gas Detection Equipment

SP 10 Portable Gas Detection Equipment Obtain Current version from Cluster B H&S Site 2

Factors Limiting the Accuracy of Portable Gas Detection Equipment - moisture - temperature - exhausted or damaged sensors - contaminated sensors - sensor drift - exhausted or damaged battery packs - broken or damaged electronic components - battery memory

Always check the manufacturer’s manual for the specific portable gas detection device for other factors which may not be listed above.

Work Practices Limiting the Accuracy of Portable Gas Detection

Equipment

Failure to perform: 1. daily bump test 2. manufacturer's recommended servicing schedules 3. regular calibration 4. the affixing of monthly calibration test sticker, if not electronically saved within unit Sensor Poisons and Contaminants Use only manufacturer recommended products such as: 1. water based cleaners 2. non-alcohol based cleaners 3. clean exterior with a soft, damp cloth 4. do not use soaps, polishes or solvents. Several cleaners, solvents, and lubricants can contaminate and cause permanent damage to sensors. Before using cleaners, solvents, and lubricants in close proximity to the detector sensors, read and adhere to the following caution and table below. The following table lists some common products to avoid using around sensors:

Cleaners and Lubricants Silicones Aerosols

Brake Cleaners Silicone cleaners and protectants

Bug repellents and sprays

Lubricants Silicone based adhesives, sealants and gels

Lubricants

Rust inhibitors Hand/body and medicinal creams containing silicone

Rust inhibitors

Window and glass cleaners Tissues containing silicone Window cleaners

Dish soaps Mould releasing agents

Citrus based cleaners Polishes

Alcohol based cleaners

Anionic detergents

Methanol (fuels and antifreezes)

Antiseptic wipes

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Training

Supervisors and workers must be able to demonstrate a working understanding of the types of portable gas detectors they are likely to use. Training shall include the following:

1. a basic understanding of the uses and limitations outlined in the manual

2. how to inspect the equipment.

3. bump test requirements

4. how to determine when sensors need replacing.

5. how to operate the equipment.

6. what conditions cause the equipment to alarm?

7. proper responses to alarms.

8. how to care and maintain the equipment.

9. record keeping and storage.

Training of supervisors and workers shall be done by the supplier or a competent person.

Responsibilities

Workers shall: 1. be trained to use the appropriate portable gas detector for the work, to which they

are being assigned. 2. use portable gas detection equipment in accordance with manufacturer’s

instructions. 3. ensure the portable gas detector has been bump tested, before daily use, or, if less

frequently used, before each use. 4. report all faulty, damaged, missing or uncalibrated equipment promptly to the

supervisor. Supervisors shall: 1. ensure workers are properly trained in the use of the assigned portable gas detector

prior to work assignments. 2. ensure portable gas detectors are calibrated in accordance with the manufacturer's

instructions. 3. ensure portable gas detectors that do not meet safe working performance levels are

removed from service and repaired or replaced, as necessary. 4. ensure workers perform pre-use inspection and bump test of assigned portable gas

detectors. 5. ensure records are kept of monitor use, bump testing, repairs and manufacturer’s

calibrations.

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Definitions

Bump test - A means of verifying calibration by using a known concentration of test gas to demonstrate that an instrument’s response to the test gas is within acceptable limits. Calibration - The adjustment of an instrument’s response to match a desired value compared to a known concentration of test gas. TWA or “time-weighted average limit” - means the time-weighted average airborne concentration of a biological or chemical agent to which a worker may be exposed in a work day or work week as prescribed in Ontario Regulation 833, Control of Exposure to Biological or Chemical Agents.


Occupational Health and Safety Act, RSO 1990

Regulation for Industrial Establishments, Reg. 851

Regulation for Construction Projects, Reg. 213/91

CSA Standard C22.2 152-M1984, reaffirmed 1997 Combustible Gas Detection Instruments

Distribution –City Manager, Deputy City Manager, Cluster “B”, Division Heads, Directors, Managers, Supervisors, HR OH&S/DM Manager, HR OH&S Consultants, CUPE Local 79, CUPE Local 416, TPFFA Local 3888, Joint Health and Safety Committees

Related Safety Procedures SP 09 Confined Space Entry

SP 02 Respiratory protection

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Atmospheric Test Record


SP 14 a

SP14 a Atmospheric Test Record

This form shall be used when gas monitoring is performed but a Confined Space Permit is not required.

Location ___________________________________________

Instrument & Serial # : ___________________________________________

Calibration due date: ___________________________________________

Gas Monitor inspected and bump tested daily or, if less frequently used, before each

use.

TIME EXACT LOCATION TOXIC 1 TOXIC 2 % LEL % O2 SIGNATURE

Toxic 1 = _________________ Toxic 2 = __________________ Name _____________________ Position _______________________ Signature _____________________ Date _______________________

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Ladders Citizen Focused Services Cluster B 2014


SP 25 Ladders Obtain Current version from Cluster B H&S Site page 1 of 6

Purpose

The purpose of this procedure is to inform those working on portable ladders and fixed access ladders of the hazards and risks associated with this activity.

Hazards The following hazards are identified, as causes of accidents, when portable and fixed ladders are used:

Falling of workers, tools or materials,

Falling ladders striking workers because ladders are not tied off.

Tripping over a ladder, when erected or lying on the floor or ground,

Lifting of heavy ladders,

Striking persons or objects, while carrying a ladder,

Contacting electrical equipment,

Slippage of ladders,

Poorly maintained ladder components.

Clutter obstructing the base of the ladder.

High Risk Activities Climbing with wet, muddy or slippery safety footwear.

Climbing with loose or poorly fitting clothing

Climbing on badly worn or damaged ladders

Carrying tools or materials while climbing ladders.

Jumping from a ladder.

Hurrying up or sliding down a ladder.

Leaning outside of the rails to perform work.

Placement of ladders on uneven or slippery surfaces

General Requirements

CSA Ladder Classifications The Canadian Standards Association (CSA) classifies portable ladders as follows:

Grade Projected Use Load rating

1 Construction & Industrial Heavy

2 Trades & Farms Medium

3 Household Light

CSA Grade 1 pre-fabricated ladders shall be used in construction and industrial sites within the City of Toronto. This approval shall be either stamped or identified with a sticker on the ladder.

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SAFETY PROCEDURE LADDERS

SP 25 Ladders Obtain Current version from Cluster B H&S Site 2

Proper Selection 1. Choose a ladder of the proper length to reach the work location height. 2. Do not exceed the maximum load rating of a ladder. Ensure the ladder’s load rating and the

weight it is supporting, including the weight of any tools or equipment is taken into account when selecting for the job.

3. Ensure a competent person deems the ladder suitable for its projected use. Transporting 1. Ladders shall be secured whether stored inside the vehicle or on the roof rack when being

transported. 2. Only use tie downs that will firmly hold ladder in place. Never use wire for this purpose.

Carrying Extension Ladders and Single Ladders 1. Extension and single ladders should be tilted against the shoulder, with knees bent, while

keeping the back straight. Then straighten the knees and lift the ladder bottom off the ground. Always keep a firm grip on the ladder

2. Ensure the top section of extension ladder is fully retracted and secure the free end of the ladder rope.

3. Rotate the extension ladder hooks, if so equipped, into the plane of the rungs, before attempting to carry the ladder.

Step/Tripod Ladders 1. Do not attempt to move a step/tripod ladder while the spreader(s) (is) are fully extended and

locked in place. 2. Fold the step/tripod ladder and lower it parallel to the floor. 3. Grasp the side rails with both hands at the balance point. 4. Carry the step/tripod ladder at arms length, keeping the back as straight as possible. 5. Avoid dragging the bottom side. Proper Set-up 1. Metal ladders conduct electricity; do not let any ladders come too near or in contact with live 2. electrical wires. 3. Make sure the area is clear of people, and that you are aware of the location of any fixed

obstructions in your area, before lifting a ladder. 4. Place on a firm level surface and ensure a secure footing including making sure the ladder

feet and surfaces are clean. Ensure that any oil and grease is not on the steps as these can be a

conductor if working with electrical wiring. 5. If setting up on snow, ice, grass and similar surfaces ensure the spurs of the ladder or non-

skid devices are used to prevent slipping. 6. Set up a traffic cone on each side of the base of a ladder, to reduce the risk

of others accidentally knocking into the ladder. 7. Ensure objects against which the top of the ladder is placed are sufficiently rigid and have

strength to support the ladder, the climber, plus any extra weight caused by the type of work to be performed

8. Always secure/ tie off the ladder at the top to prevent slipping.

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9. Do not place on boxes, unstable bases or on a scaffold, or tie or fasten ladders together to gain additional height.

10. Do not place in front of doors opening toward the ladder 11. Ensure no one stands or works under the ladder while work is being performed aloft. 12. Where possible, use a second person to hold the ladder 13. Do not leave ladders set up and unattended Extension Ladders 1. Secure the base of extension ladders when raising, and never set up the ladder when it is

extended 2. Extend top section of extension ladders only from the ground level, never by “bouncing” or

from reaching down from the top of a work site. 3. Do not overextend an extension ladder. Maintain minimum overlap of sections 4. Set single or extension ladders at proper 75 degree angle by placing the ladder base at a

distance equal to one-fourth the total working length of ladder away from the base of vertical support. (4:1 Ratio)

5. Erect a ladder with minimum 1 meter (3ft) extending above the work site. 6. When working from extension ladders, the worker shall not stand any higher than the fourth

rung from the top support. Step/Tripod ladders 1. Make sure that step/tripod ladder feet are on firm level ground. 2. Make sure legs and spreader bars are engaged and secure, and the pail shelf is in position 3. Before moving a step/tripod ladder, ensure tools and materials are removed from the steps

or pail shelf. 4. When working on step/tripod ladders 1.2 metres or less, the worker shall stand on the first

step from the top. For ladders over 1.2 meters, the second step from the top is the highest step that can be worked from.

5. Do not stand on the pail shelf as it is not intended to support body weight. 6. Never stand or sit on the top of a step/tripod ladder. Vertical Access Ladders 1. Ensure fall protection is worn when ascending and descending maintenance hole ladders

over 3 m (10 ft.) in depth. 2. Report to your supervisor any fixed-access-ladder rungs which are damaged or which have

separated from their fixed-access point on the wall. Rolling Ladders 1. Ensure that the path is clear and wide enough to move the ladder. 2. Ensure that all tools and equipment are removed before moving. 3. Ensure there is enough clearance between the top of the ladder and the ceiling or lights. 4. Before climbing, apply brakes or wheel locks to prevent movement, and/or tie it to a rigid

structure to help secure the ladder. 5. When stepping to and from the ladder, don’t jump. Maintain three point contact. 6. Do not over reach the handrails. Move the ladder. 7. Use a suitable fall arresting device for work above 3m (10ft). 8. Do not climb higher than the top platform on the railing.

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9. Do not stand with one foot on the ladder and the other on a different object, such as shelving.

Work Area Protection 1. Ensure traffic control is used where work on roadways is going to be performed.

When setting up on a sidewalk, traffic cones or other suitable barriers should be used to direct pedestrian traffic

Inspection 1. Inspect new ladders upon receipt or upon initial installation. 2. Thereafter, inspect ladders before and after each use and when they have been dropped,

struck by any object or have fallen. 3. When there is any doubt about a ladder’s structural or functional integrity, tag it out until a

more comprehensive review can be done or all necessary repairs have been completed. 4. Report all defects promptly on the ladder inspection report (see SP 013.02a) and forward to

the supervisor of the area for action. 5. Keep a record of every inspection.

General Items to Check 1. Missing or loose steps or rungs (they are loose if you can move them by hand). 2. Damaged or worn non-slip feet. 3. Loose nails, screws, bolts or nuts. 4. Loose or faulty spreaders, locks and other metal parts in poor repair. 5. Rot, decay or warped rails in wooden ladders. 6. Cracks and exposed fiberglass in fiberglass ladders. 7. Cracked, split, worn or broken rails, braces, steps or rungs. 8. Sharp edged on rails and rungs. 9. Rough or splintered surfaces. 10. Corrosion, rust, oxidation and excessive wear, especially on treads. 11. Twisted or distorted rails. Check ladders for distortion by sighting along the rails. 12. Missing identification labels. 13. Ensure the ladder is clean, free from wet paint, mud, snow, grease, oil, and other slippery

material

Climbing a Ladder 1. Only one person on the ladder at a time. 2. Do not move or shift a ladder while a person or equipment is on the ladder. 3. Face the ladder when climbing or descending; keep body centered between side rails. 4. Do not lean to the side so that the center of the chest is beyond the side rail when working

from the ladder. 5. Maintain three-point contact by keeping two hands and one foot, or two feet and one hand

on the ladder always. 6. Use the appropriate fall arrest system (e.g. Safety harnesses and lifelines or safety

harnesses and channel lock devices), when required. 7. Raise or lower tools and materials using a rope and a container 8. Ensure that safety footwear is in good condition.

9. Ensure that no grease, oil or any other slippery substance is left on the ladder after use.

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10. Climb or descend ladders at a safe speed.

11. Do not jump from a ladder. Proper Care and Storage 1. Tag any defective ladders and take them out of service. 2. Clean fibreglass ladders, at least, every three months. Regular washing and waxing with a

commercial non-slip paste wax will protect the ladder. Periodically coating the ladder with acrylic lacquer or polyurethane also will protect it.

3. Protect wooden ladders with a clear sealer or wood preservative: Do not paint. 4. Replace worn or frayed ropes on extension ladders. 5. Lubricate pulleys on extension ladders regularly. 6. Destroy the ladder if broken, worn or exposed to fire or chemical corrosion. 7. Never make temporary repairs of damaged or missing parts…Tag out, repair, replace or

throw out. 8. Store ladders in a safe and dry place. Larger ladders should be supported at 2m (6ft)

intervals. 9. Secure ladders while in transit. Avoid long overhang beyond support points. 10. Never store materials on ladders. 11. Keep the ladder and its steps clean and free of all foreign materials.

Responsibilities Workers Shall: 1. work in accordance with legislative requirements, corporate policy and departmental safe

work procedures. 2. report any unsafe conditions immediately to their supervisor. 3. use or wear all equipment required to safely perform their work.

Supervisors shall: 1. ensure workers are properly trained in the safe use of ladders in accordance with legislation,

manufacturer’s requirements and the requirements of this procedure, before being assigned to use the equipment.

2. advise all workers and those likely to use ladders, of all actual and potential hazards and supply a copy of this procedure and the manufacturer’s operating instructions before operation of equipment.

3. ensure tailgate sessions are held when ladders are to be used in any daily task. 4. keep a permanent record of training for users of ladders. 5. ensure all ladders and their components are in good working order and properly maintained. 6. ensure damaged or faulty ladders are immediately removed from service. 7. replace ladders, when necessary. 8. take every reasonable precaution to protect worker health and safety.

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Legislative Requirements Occupational Health and Safety Act, RSO 1990 Regulation for Industrial Establishments, Reg. 851 Regulation for Construction Projects, Reg. 213/91 Distribution – City Manager, Deputy City Manager, Cluster “B”, Division Heads, Directors, Managers, Supervisors, HR OH&S/DM Manager, HR OH&S Consultants, CUPE Local 79, CUPE Local 416, TPFFA Local 3888, Joint Health and Safety Committees

Related Safety Procedures

SP 21 Scaffolds

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Rigging & Lifting Devices Cluster B Health & Safety

2014


SP 20 Rigging & Lifting Devices Obtain Current version from Cluster B H & S Site Page 1 of 15

Purpose The purpose of this safety procedure is to outline the requirements for the safe operation of rigging and lifting devices in industrial establishments. Cranes on construction projects shall comply with Regulation 213/91 under the Ontario Occupational Health & Safety Act.

Application

This procedure and its appendix apply to the following:

General rigging equipment

Overhead cranes

Boom trucks

A Frames/Gantries/Davits

Davit Type cranes

Floor operated cranes and hoists

Pallet trucks

Scissor lifts

Fork lifts

Come Along Winches

Jacks

Hand trucks (dollies)

Definitions "Lifting Device" means a device that is used to raise or lower any material or object and includes its rail and other supports but does not include a device to which the Elevating Devices Act applies (i.e. elevators). "Rigging" means fibre ropes, wire ropes, chains, slings, attachments, connecting fittings and associated components used for lifting loads.

General Requirements 1) Plant facilities and Operations /Maintenance yards shall establish an inventory system for all

cranes, permanent and portable, which includes a preventative maintenance program that ensures annual checks are verified.

2) Plant facilities and Operations /Maintenance yards shall establish an inventory system for all

rigging equipment which includes a preventative maintenance program.

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Safety Procedure Rigging and Lifting Devices

SP20 Rigging and Lifting Devices Obtain Current version from Cluster B H & S Site 2

3) All cranes and lifting equipment shall be certified by a professional engineer and new and refurbished equipment shall have all pre-start obligations complied with.

4) Cranes shall be inspected and certified by a competent inspection service at least annually

as per CSA standard B167-08. 5) All lifting devices shall,

a) be so constructed, of such strength and be equipped with suitable ropes, chains, slings and other fittings so as to adequately ensure the safety of all workers;

b) be thoroughly examined by a competent person, qualified specifically for this purpose, to determine its capability of handling the maximum load as rated, prior to being used for the first time, and not less frequently than recommended by the manufacturer and in any case, at least once a year,

c) have a permanent record kept, signed by the competent person doing the examination; d) be plainly marked with sufficient information so as to enable both the operator of the

device, and all other appropriate staff, to easily determine the maximum rated load that the device is capable of lifting under any operating condition

6) Before hoisting operation, the hoist operator shall:

a) inspect all rigging components and any other appropriate components. b) ensure equipment is both adequate for the specific load and is in good working order c) record any abnormalities in the log book, WMS or other divisional system. d) check and clear the lift area for, and, of any obstructions and electrical hazards e) identify potential explosive and/or flammable processes and storage tanks near lift area f) ensure the load path is clear and remains clear of all workers g) ensure that the load path is clear of any debris or materials/equipment that might hinder

or affect the safe operation of the crane. 7) No part of a crane, lifting device, associated rigging or load shall be brought closer to an

energized overhead electrical conductor with a nominal phase-to-phase voltage rating set out in following table:

TABLE

Nominal phase-to-phase voltage rating

Minimum distance

750 or more volts, but no more than 150,000 volts

3 metres

more than 150,000 volts, but no more than 250,000 volts

4.5 metres

more than 250,000 volts 6 metres

8) During hoisting sudden acceleration or deceleration of the moving load shall be avoided.

9) Crane operators shall ensure the sling is well balanced.

10) Workers shall avoid tip loading, and loading on hook latch.

11) Workers shall never lift loads heavier than the rated capacity of the lifting device or of the

rigging.

12) Unused slings or rope shall be removed from hooks as they can inadvertently snag on other

objects when the crane is moving.

13) Loads shall never be left suspended unattended.

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14) Workers shall never work beneath suspended loads.

15) Loads shall not pass over co-workers.

16) Cranes shall not be used for side pulls except when specifically authorized by a competent

person who has determined that the stability of the crane is not thereby endangered and

that various parts of the crane will not be overstressed

17) When two or more cranes are used to lift a load one competent person shall be in charge of

the operation. That person must analyze the operation and instruct all personnel involved in

the proper positioning, rigging of the load, and the movements to be made.

18) The operator shall be aware of the load path at all times.

19) The hoist block shall not be left hanging low enough for someone to hit it.

20) Damaged rigging equipment shall be tagged defective and removed from service

immediately.

Rigging

All workers shall attend Rigging Safety training before securing and/or lifting any load with

crane devices.

All workers shall carry written proof of training while operating a crane or similar hoisting device.

Equipment Inspection 1) Inspect before each use.

2) Tag-out defective equipment and remove from service.

3) Only the manufacturer or an authorized person may make repairs.

4) Each sling should have a unique, permanently affixed identification number.

5) Scheduled inspections must always reference the unique sling identification number.

6) A thorough, documented inspection of all rigging equipment shall be performed at least once

a year.

7) A thorough inspection is also required if any part of the lifting equipment has been subjected

to a shock or overload load situation.

8) If there are doubts about the safe condition of a piece of rigging equipment, do not use it.

9) Never leave damaged or worn rigging equipment where someone else might pick it up and

use it.

Determining Load Weight 1) Check the crane’s lifting capacity

2) Hooks shall meet the manufacturer's recommendations and shall not be overloaded.

3) Determine the weight of the load by checking the manufacturer’s plate, shipping papers,

work order or design drawings.

4) Calculate the weight of the load including the weight of all required rigging equipment.

5) Use a dynamometer, if available, connected to the hoist.

6) Do not exceed 50 percent of the lifting capacity of the crane when lifting an estimated load.

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Selecting Proper Rigging Gear 1) Select sound rigging gear and ensure that the safe working load of every component is not

exceeded.

2) Do not use synthetic web slings in temperatures outside their working ranges.

3) Do not use synthetic web slings in chemical environments that may affect their integrity.

4) If the ID tag is missing from a synthetic web, metal mesh, or chain sling, it shall be removed

from service immediately.

5) Inspect wire rope before use.

6) Check for evidence of severe kinking, crushing, fraying or heat damage.

7) Broken wires are normal on the outside of a strand. But if you find six or more broken wires

within one lay of strand length, the rope should not be used.

8) Inspect other fittings to be used.

9) Do not use rigging gear with end fittings that are corroded, cracked, bent or improperly

attached.

10) Inspect shackles for load-lifting capacity and possible damage.

11) Replace any rope, sling or shackle if there are any doubts about its fitness for use.

Securing the Load 1) Cranes are designed for vertical lifts only. Side pulling and in-pulling can result in

breakdowns.

2) Determine the number of slings needed based on:

a) The need to balance the load.

b) The weight of the load.

c) Sling angles.

3) When attaching slings to the load and hoist hook, pack corners and sharp edges to prevent

cutting or damaging the rope.

4) Sling angles affect the load weight put on a sling. As the arms of the sling become more

horizontal, the gravitational / tension forces on the sling increase.

Storage of Rigging Equipment 1) All rigging equipment should be stored in a cool dry.

2) Slings should be stored hanging freely from pegs or hooks.

3) Slings should be kept clean and free from dirt, grime and foreign material.

4) Follow manufacturer’s instructions for cleaning and lubricating wire slings.

5) After cleaning, make sure that slings are allowed to dry properly before they are stored

6) Metal slings should be lightly oiled to prevent corrosion

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Lifting Equipment Requirements

Crane Inspection 1) Before each use, check to ensure the equipment is not overdue for its annual inspection.

2) Ensure the equipment has had its annual inspection and certification before each use.

3) Ensure the rated lifting capacity of the lifting equipment is plainly marked.

4) Check for signs of obvious physical damage or wear such as loose or missing parts and end

stops at each end of a monorail, beam or runway.

5) Check the hoist chain or wire rope to ensure that it is not twisted, kinked, frayed or otherwise

damaged.

6) Ensure that the wire rope is properly seated in its drum and sheave grooves without any

slack or overlapping, and without lying across groove ridges.

7) Know the location of the disconnect switch for the hoist or crane.

8) Check the areas in which the crane will be operating for obstructions.

9) Operate the crane several feet in each direction to check for unusual noises and jerky

movements.

10) Check the control station making sure all buttons function as labelled and do not stick.

11) Insure that the upper hoist limit switch works.

12) Check the hook for any visible damage or deformation.

13) Ensure every hoisting hook is equipped with a safety catch.

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Overhead Cranes

Cranes shall be inspected and certified by a competent inspection service at least annually.

The rated load of the crane shall be plainly marked on each side of the crane.

Hoisting controls operated from other than a cab or cage shall be located so that they can be operated at a safe distance from a load being lifted; and automatically return to their neutral position when released.

A radio controlled transmitter shall be operated only when the operator can see the load and the entire crane or when a competent signal person is used.

The competent signal person shall use the standard hand signals identified in Appendix A.

The load must not be lowered below the point where less than two full wraps of rope remain on the hoisting drum.

Where a travelling crane is operated on a crane runway, there shall be, rail stops or bumpers wheels at both ends of the crane runway; and, where applicable, similar rail stops at the ends of the crane bridge.

A Frame, Gantry, Davit Cranes

A competent person shall inspect the area before work begins.

Workers using cranes shall read all the instructions in the Owner's Manual which accompanies equipment before assembling or using equipment.

If a frame is reassembled, the supervisor or a competent person shall inspect it to ensure it is safe to use.

Cranes shall have warning labels, including their lifting capacity, attached. If any labels are missing, lockout out and remove equipment from service immediately.

Workers shall obey all the warnings and other safety information attached to the gantry crane before assembling or using equipment.

Lock wheels when in use

Do not move gantry while loaded

Ensure frame is on a flat surface free from obstruction and incapable of falling off edges into a hole or off the surface.

Defective frames shall be immediately removed from the work site so others cannot use them.

Cranes may “topple” if the hook and load is not kept in the safe load zone vertical to the hoist and the crane is not free to align over the load. Cranes shall not be used for side pulls except when specifically authorized by a competent person who had determined that the stability of the crane is not thereby endangered and that various parts of the crane will not be overstressed.

Lifting off centerline at one end of the crane shall be avoided.

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Floor operated cranes and hoists

Ensure hands are clear of any potential pinch points.

For all loads, ensure that no workers are positioned or working beneath the load and or the loads path, as the load could fall and injure or crush them.

Slowly raise the hoist block to ease slack out of the slings, and then check the load hook to ensure that the slings are fully seated in their saddles.

Slowly lift the load just a few inches to minimize any swinging. Check the rigging job. If you notice slippage, ABORT THE LIFT!

Lift the load in one smooth motion, high enough to clear all obstructions. Then push the load to the desired location.

When the crane is in position, slowly lower the load, stopping the hoist block when it is low enough to unhook the slings.

Where a worker may be endangered by the rotation or uncontrolled motion of a load, one or more guide ropes shall be used to prevent rotation or other uncontrolled motion.

When crane work is finished the block shall be raised above head level and the crane placed in a designated location.

Scissor lifts/Elevating Work Platforms

A worker who operates an elevating work platform shall, before using it for the first time, be

given oral and written instruction on the operation and be trained to operate that class of elevating work platform. The instruction and training shall include: the manufacturer’s instruction; instruction in the load limitations; instruction in and a hands-on demonstration of the proper use of all controls; and instruction in the limitations on the kinds of surfaces on which it is designed to be use

An elevating work platform shall be equipped with guardrails.

An elevating work platform shall have signs that are clearly visible to an operator at its controls indicating: the rated working load; all limiting operating conditions including the use of outriggers, stabilizers and

extendable axles; the specific firm level surface conditions required for use in the elevated position; such warnings as may be specified by the manufacturer; other than for a boom-type elevating work platform, the direction of machine movement

for each operating control;

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the name and number of the National Standards of Canada standard to which it was designed; and

the name and address of the owner.

The operator’s manual of the elevating work platform shall be kept with the machine.

The maintenance log book shall be present with the machine.

A fall arrest system shall be used where there is the potential for a worker to fall.

Be aware of drop-offs in work areas such as loading docks.

Do not raise platform or drive when elevated onto slopes or uneven or soft surfaces

Do not raise platform in windy or gusty conditions.

Do not use if working platform is not working properly or if any part is damaged, worn or missing.

Do not use near moving vehicles or cranes.

Do not stand or sit on guardrails.

Do not override safety devices.

Do not use ladder, scaffolding, or other devices to increase working height of platform.

Boom Trucks

Boom trucks shall only be operated by workers who have successfully completed Toronto

Fleet Services, Boom Truck Certification.

Those operating eight ton boom trucks must have the appropriate licence and maintain it in good standing.

Always test the holding valve by fully extending the boom and deploying the outriggers, then shutting down the engine to observe for any movement in the components.

Pallet trucks

Use proper lifting techniques when loading and unloading.

Never exceed a pallet jack's load capacity.

Be aware of pinch-point hazards involving your hands.

Have someone guide the load if your view is obstructed.

Never place your feet under the device.

Don't use a pallet truck for human transportation.

Push, don't pull, the device when going down an incline.

Move pallet trucks on correct traffic lanes, and be alert to avoid collisions around corners.

Store pallet jacks where they will not create tripping hazards.

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Come Along Winches

Inspect the winch to be sure it is in good condition.

Know the weight of the load you plan to lift. Never attach a load greater than the capacity of the hoist.

Never use two winches to lift a load that is heavier than the rated capacity of either.

Never put a "cheater bar" (a piece of pipe placed over the handle of a wrench or ratchet to generate more torque) on the operating lever or use more than one person to pull the lever. It is a sure sign that the winch is overloaded if one person using a normal pull can’t move the load.

Ensure that the structure your hoist is hanging from is strong enough to support the load you are lifting as well as any possible shock load.

Use these devices only in locations that will not expose you to a hazard if you lose your grip or slip; the site of use must also permit you to stand clear of the load at all times.

Never operate a hoist in a manner that causes the load chain to bend or slide around objects, such as corners or sharp edges.

Do not use load chains or cables as a substitute for a sling.

Apply the load evenly. Do not jerk, bounce, or allow the load to swing. Any violent motion or shock loads could easily exceed the capacity of your hoist.

Ensure the load is centered on the hoist before lifting, to avoid a swinging load.

Never leave a suspended load unattended, and never work or walk under a suspended load or allow anyone else to do so.

Jacks

Jacks shall have a capacity plate or other markings providing lifting capacity information.

Inspect jacks before and after each use. Any sign of hydraulic fluid leakage is sufficient reason to remove the jack from use.

Jack rated capacity shall exceed the load being lifting.

Follow the manufacturer’s specifications for inspection, operation, and maintenance

Always set the jack on a firm and level foundation. When necessary to provide a firm foundation, the base of the jack should be blocked or cribbed. To avoid slippage of the metal cap of the jack place a wooden block between the jack head and the contact surface of the load.

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http://www.google.ca/imgres?imgurl=http://baltic.dataliner.ee/FloorJackA_H.jpg&imgrefurl=http://baltic.dataliner.ee/floor_jacks.htm&usg=__bSMgciSlfQUafQYit6bdfh4_2SY=&h=964&w=674&sz=31&hl=en&start=26&tbnid=JeJRm5q7UNC_EM:&tbnh=148&tbnw=103&prev=/images%3Fq%3Djacks%26start%3D20%26hl%3Den%26sa%3DN%26gbv%3D2%26tbs%3Disch:1&itbs=1

http://www.google.ca/imgres?imgurl=http://baltic.dataliner.ee/FloorJackA_H.jpg&imgrefurl=http://baltic.dataliner.ee/floor_jacks.htm&usg=__bSMgciSlfQUafQYit6bdfh4_2SY=&h=964&w=674&sz=31&hl=en&start=26&tbnid=JeJRm5q7UNC_EM:&tbnh=148&tbnw=103&prev=/images%3Fq%3Djacks%26start%3D20%26hl%3Den%26sa%3DN%26gbv%3D2%26tbs%3Disch:1&itbs=1

http://www.google.ca/imgres?imgurl=http://www.auto-tractorspareparts.com/pcat-gifs/products-small/mechanical-jacks.jpg&imgrefurl=http://www.auto-tractorspareparts.com/hydraulic-mechanical-jacks.html&usg=__Nj8FBcApkOi27Sz9OBVgCsU8uRE=&h=212&w=423&sz=14&hl=en&start=2&tbnid=C0bpRMKVnzi-rM:&tbnh=63&tbnw=126&prev=/images%3Fq%3Dmechanical%2Bjacks%26hl%3Den%26sa%3DN%26gbv%3D2%26tbs%3Disch:1&itbs=1



When jacking from a floor, ensure that the load limit of the floor isn’t exceeded.

All lifts should be vertical with the jack perpendicular, at a right angle to the load.

Keep jacks lubricated at regular intervals. Hydraulic jacks exposed to freezing temperatures shall be supplied with antifreeze liquid. .

Inspection of jacks is required at frequencies based on service conditions. Inspections should be made AT LEAST as follows: For constant or intermittent use at one locality, inspect once every 6 months. For jacks sent out of the shop for special work, inspect when sent out and when

returned. If used in the field, inspect before and after each use. For a jack submitted to abnormal load or shock, inspect immediately before and

immediately thereafter.

Jacks that are defective shall be tagged accordingly and shall not be used until repairs are made.

Forklifts

Follow Safe Working Procedure SWP – 032.09 Forklifts.

http://insideto.toronto.ca/wes/hr/hns/swp/swp-032.pdf

Hand Trucks

Follow Safe Working Procedure SWP – 024.09 Hand Trucks – Non Powered http://insideto.toronto.ca/wes/hr/hns/swp/swp-024.pdf

Responsibilities

Supervisors shall: be familiar with the actual and potential hazards associated with the various lifting devices in

the work area.

ensure cranes are inspected and certified in accordance with CSA standard B167-08. (Building mounted crane section)

ensure that all employees, under their supervision, who work with cranes, are competent to do the assigned work and are provided with instructions and complete training in Rigging Safety, prior to commencing work.

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http://www.google.ca/imgres?imgurl=http://www.thetwistergroup.com/store/image.php%3Fimagefile%3DZ%253C%253ESAF4081R.JPG&imgrefurl=http://www.thetwistergroup.com/store/customer/emailproduct.php%3Fproductcode%3D4081R%2520Z26285&usg=__eA9Vc8UllfZTw6YcmgZ7FhjL1TQ=&h=240&w=240&sz=8&hl=en&start=11&tbnid=T-VqWQ1KtKWdUM:&tbnh=110&tbnw=110&prev=/images%3Fq%3Dhand%2Btrucks%26hl%3Den%26sa%3DG%26gbv%3D2%26tbs%3Disch:1&itbs=1




ensure workers are given training specific to the equipment they are to use including any requirements from the manufacturer’s manual(s) and maintain a record of training, prior to commencing work.

ensure that all trainees operate any crane under the supervision of a competent person.

ensure that all staff use or wear required safety equipment when performing assigned tasks.

ensure that an adequate preventative maintenance program is established and followed for all cranes and rigging equipment in their area of responsibility.

ensure all maintenance/repair activities are documented in a log book or a specific system such as Work Management System (WMS) within the division.


Workers shall: work in accordance with legislative requirements, corporate policy and departmental safe

work procedures.

attend safety training relevant to the lifting device they are to use and apply the knowledge gained in the performance of their work.

be trained in Rigging Safety training before lifting any load and apply the knowledge gained in the performance of their work.

work in accordance with all safety and operational training received

ensure crane has been inspected and is safe to use before operating.

use or wear all equipment required to safely perform their work.

report any violations, hazards or deficiencies in equipment to their immediate supervisor, without delay



Occupational Health and Safety Act, RSO 1990 Regulation for Industrial Establishments, Reg. 851 CSA standard B167-08- Overhead travelling cranes - Design, inspection, testing, maintenance, and safe operationDistribution – City Manager, Deputy City Manager, Cluster “B”, Division Heads, Directors, Managers, Supervisors, HR OH&S/DM Manager, HR OH&S Consultants, CUPE Local 79, CUPE Local 416, TPFFA Local 3888, Joint Health and Safety Committees

Related Safety Procedures SP 14 Trenching and Excavating

SP 22 Hand Trucks

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Appendix A

Standard Hand Signals

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Scaffolds Cluster B Health & Safety

2014


SP-21 Scaffolds Obtain Current version from Cluster B H&S Site page 1 of 8

Purpose

The purpose of this safety procedure is to provide guidelines for the use of scaffolds for Cluster B employees.

Hazards There are many hazards associated with scaffolds:

a) Scaffold collapse- Improper footing(s) and anchorage(s) placement, improper bracing keeping scaffold plumb, overloading or buckling

b) Falls from heights, c) Falling objects or materials d) Falling onto objects or materials on the ground e) Overhead electrical wires

f) Unsafe access g) Weather conditions

General Requirements 1. A scaffold shall be provided for workers where work cannot be done on or from the ground

or from a building or other permanent structure without hazard to the workers. 2. Before erecting/using scaffolding, divert vehicular traffic and people, when necessary, by

means of signs, barricades, and appropriate traffic control measures. 3. No scaffold shall be loaded in excess of the load that it is designed and constructed to bear 4. Every scaffold shall be designed and constructed to support or resist, two times the

maximum load or force to which it is likely to be subjected; and four times the maximum load or force to which it is likely to be subjected without overturning. (A scaffold with structural components whose capacity can only be determined by testing shall be designed and constructed to support or resist three times the maximum load or force to which it is likely to be subjected without causing the failure of any component.)

5. A professional engineer shall verify and certify the results of a test and the corresponding

rated load of the scaffold. A copy of the certification by the professional engineer shall be kept and be available upon request from a Ministry of Labour inspector

6. A scaffold shall be constructed of suitable structural materials and, if lumber is used, it shall

be construction grade or Number 1 Grade spruce. 7. A scaffold mounted on pneumatic tires shall not be supported by the pneumatic tires while

the scaffold is being erected, used or dismantled. 8. A scaffold mounted on castors or wheels, shall be equipped with a suitable braking device

on each castor or wheel; and shall have the brakes applied when a worker is on the scaffold.

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SAFETY PROCEDURE Scaffolds

SP-21 Scaffolds Obtain Current version from Cluster B H&S Site 2

9. A scaffold mounted on castors or wheels shall be equipped with guy wires or outriggers to

prevent its overturning if the height of the scaffold platform exceeds three times the least lateral dimension of the scaffold, measured at the base of the scaffold; or if outriggers are used, measured between the outriggers.

10. No scaffold mounted on castors or wheels that has a scaffold platform more than 2.4

metres (8 feet) above the base shall be moved when a worker is on it unless, the worker is wearing a full body harness as part of a fall arrest system attached to a fixed support; and the scaffold is being moved on a firm level surface.

Every scaffold, a) shall have uprights braced diagonally in the horizontal and vertical planes to prevent lateral

movement; b) shall have horizontal members that are adequately secured to prevent lateral movement and

that do not have splices between the points of support; c) shall have footings, sills or supports that are sound, rigid and capable of supporting at least

two times the maximum load to which the scaffold may be subjected without settlement or deformation that may affect the stability of the scaffold;

d) shall have all fittings and gear, including base plates or wheels, installed in accordance with the manufacturer’s instructions;

e) shall have connecting devices between frames that provide positive engagement in tension and compression;

f) shall have safety catches on all hooks; and g) shall be adequately secured at vertical intervals not exceeding three times the least lateral

dimension of the scaffold, measured at the base, to prevent lateral movement

Large Scaffolds: A scaffold shall be designed by a professional engineer and shall be erected in accordance with the design if the scaffold exceeds, fifteen metres in height above its base support; or ten metres in height above its base support if the scaffold is constructed of a tube and clamp system and, a) design drawings for a scaffold shall set out erection instructions and the rated loads for the

scaffold. b) a professional engineer or a competent worker designated by the supervisor of the project

shall inspect the scaffold before it is used to ensure that it is erected in accordance with the design drawings.

c) the person carrying out an inspection shall state in writing whether the scaffold is erected in accordance with the design drawings.

d) the constructor shall keep at a project the design drawings and the written statement for a scaffold while the scaffold is erected.

1. Only a competent worker shall supervise the erection, alteration and dismantling of a

scaffold. 2. A scaffold platform or other work platform, a) shall be at least 460 millimetres (18 inches) wide; b) if it is 2.4 metres (8 feet) or more above a floor, roof or other surface, consist of planks laid

tightly side by side for the full width of the scaffold;

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c) shall be provided with a guardrail d) shall be provided with a means of access by stairs, runway, ramp or ladder; e) shall not have any unguarded openings; and f) shall have each component secured against slipping from its supports.

3. A scaffold platform or other work platform made of sawn lumber planks shall: a) have planks of number 1 grade spruce that do not have any defect affecting their load-

carrying capacity b) bear a legible grade identification stamp or are permanently identified as being number 1

grade spruce; c) be at least 48 millimetres thick by 248 millimetres wide (2 x 10); d) be arranged so that their span does not exceed 2.1 metres (7 feet); e) overhang their supports by not less than 150 millimetres (6 inches) and not more than 300

millimetres (12 inches); and f) be cleated or otherwise secured against slipping. 4. Cubes of masonry units on a scaffold platform shall be placed directly over the scaffold

frame. If this is not practicable, the masonry units shall be placed on the scaffold platform in a manner that conforms with the load capability provisions of the scaffold platform

Responsibilities Workers Shall: work in accordance with legislative requirements, corporate policy and departmental safe

work procedures.

attend all relevant scaffold training before performing work and apply the knowledge gained in the performance of their work.


inspect scaffold equipment and fall arrest systems before each use

report any violations, hazards or deficiencies in equipment to their immediate supervisor without delay

assist supervisory staff in developing safe work procedures for specific tasks.


Supervisors shall: be familiar with the actual and potential hazards associated with scaffold work.

be aware of sections 126 to 136 of Ontario Regulation 213/91 - Construction Projects “Scaffolds and Work Platforms”.

ensure that the requirements of the program and related elements of the Occupational Health and Safety Act and regulations, and applicable industry standards are applied at all times.

evaluate and document work operations to determine where scaffolding procedures, devices and training are required in consultation with joint health and safety committees and Human Resources consultants Occupational Health and Safety, as necessary.

develop written site specific safe work procedures for individual tasks, particularly in unusual or unique situations, in consultation with work crews and health and safety staff.

ensure that all employees under their supervision who work with scaffolding are competent to do the assigned work and have been provided with instructions and have received training prior to commencing work.

ensure the right system is chosen to match the job being performed.

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ensure installation, maintenance and repair of scaffolding is done in accordance with standards, regulations, and manufacturer’s instructions.

ensure adequate staff are available to provide on-site assistance in the event of an emergency.

provide practical training in the use of safety equipment such as fall arrest systems, body harnesses, communication systems.

ensure all records of training are retained until the next training session has been completed or a minimum of seven (7) years.

monitor staff to ensure procedures are followed, and, when violations occur, take appropriate action.

ensure that all staff use or wear required safety equipment when performing assigned task.

ensure that all equipment needed for scaffold work is inspected regularly and is maintained in good working condition.

ensure that any defective equipment is tagged and removed from service immediately.


Legislative Requirements Occupational Health and Safety Act, RSO 1990 Regulation for Industrial Establishments, Reg. 851 Regulation for Construction Projects, Reg. 213/91 Distribution – City Manager, Deputy City Manager, Cluster “B”, Division Heads, Directors, Managers, Supervisors, HR OH&S/DM Manager, HR OH&S Consultants, CUPE Local 79, CUPE Local 416, TPFFA Local 3888, Joint Health and Safety Committees

Related Safety Procedures SP 25 Ladders

SP 24 Fall Protection Equipment

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Scaffold Guidelines Check the following before using scaffolding: 1. Foundation material is suitable to support scaffolding

2. Base is sound, level and adjusted

3. Legs are plumb and all braces are in place.

4. Locking devices and ties are secured

5. Cross members are level

6. Planks, decks and guardrails are properly installed and secure.

When using a scaffold: 1) Use an access ladder, not the scaffold frame, unless it is specially designed to be

climbed.

2) Build a staircase if the scaffold will be used for a length of time

3) Build a rest platform for every 10m (30ft) in height beside the ladder.

4) Remove snow and ice from scaffold platforms, ladders and access areas prior to any work

being performed.

5) Ensure that scaffold is securely attached to the building structure.

6) Assess the impact of increased winds when scaffolds are covered (hoarded) and

take appropriate action(s).

7) Adequate ventilation for the work activity inside must be supplied if the scaffold is

completely hoarded.

8) Protect all planked or working levels with proper guardrails, mid rails and toe boards along

all open sides and at the ends of scaffold platforms.

9) Immediately replace any guardrails that were removed while hoisting materials.

10) Wear fall protection and all other appropriate personal protective equipment.

Prohibited Activity when using scaffold: 1. Do not jump on planks or platforms.

2. Do not force braces to fit. Level the scaffold until a proper fit can be made easily.

3. Do not climb or stand on cross braces or guardrails.

4. Do not work on scaffolds during storms or high winds.

5. Do not use ladders or makeshift devices on top of scaffolds to increase height.

6. Do not overload scaffold frames or platforms.

7. Do not rest materials or equipment on guardrails.

8. Do not try to repair bend or kinked frames. Immediately replace all damaged or worn

scaffolding components.

9. Do not work below a scaffold without head protection.

10. Do not store materials, supplies or equipment anywhere near the base of the

scaffolding

11. Do not use scaffolds near electrical wires and overhead cranes unless they have

been locked out and rendered safe by a competent person.

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Frame Scaffolding. 1) Choose the right scaffold system for the job.

2) Erect all scaffold parts according to the manufacturer’s instructions

3) Select scaffolding according to:

a. Height required

b. Type and duration of work

c. Range of weather conditions

d. Weight of workers, materials and equipment

e. Location and foundation materials existing on site.

f. Requirements for pedestrian traffic.

4) Erect scaffold on a base that will support all the loads that will be applied including

materials and equipment.

5) Make sure the backfill is compact and level. Replace mud and soft soil with gravel or

crushed stone.

6) Provide adequate sills for scaffold posts and use base plates.

7) Set scaffold feet centrally on mudsills consisting of 50 x 250 mm (2x10 in.) planks.

Sill should extend at least 610 mm (2 ft) beyond the scaffold base and be long enough to

extend under at least two scaffold feet.

8) Install scaffold with jackscrews (adjusting screws). They allow for minor adjustments

to keep scaffold plumb and level.

9) Take extra precautions when erecting scaffold on frozen ground. Thawing soil can

become water soaked and lose its ability to bear weight.

10) Brace both sides of every frame for the vertical plane. Install horizontal bracing at

the joint of every third tier of frames. This bracing is often attached to the point

where the scaffold is tied to the structure.

11) Do not force braces to fit. Level the scaffold until a proper fit can be made easily.

12) Use coupling devices to join frames to prevent the joints from pulling apart.

Guardrails shall consist of: 1. a top rail 1 m (40 in.) above platform

2. a midrail about halfway between the platform and the top rail on the inside of the

3. posts.

4. a toe board 100 mm (4in.) high fastened to the inner side of posts.

5. Posts and rails capable of withstanding a force of at least 900 n (200lbs.) applied at any

point or withstanding any load likely to be applied.

Stability Do not allow the ratio of scaffold height to base width to exceed 3 to 1 unless the scaffold is:

1. Tied into a structure

2. Stabilized by guy wires

3. Secured by outriggers or stabilizers to maintain the ratio.

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Assembling the frame scaffold 1. Check location for

a. Ground conditions

b. Overhead wires

c. Obstructions

d. Changes in surface elevation or foundation material(s)

e. Tie-in problems

2. Inspect frames, braces and other components for damage, bends, excessive rust or

wear and immediately replace any such affected scaffolding components.

3. Use a safety harness which is tied off to the scaffold, building or lifeline.

4. Assemble frame scaffolds with one other person so that one person is on the

scaffold and one is passing materials from the ground.

5. Continuously and frequently check for squareness and alignment of all scaffold parts.

Make all necessary adjustments as soon as they are observed.

6. Use jackscrews to eliminate hazards created by temporary jacking up the erected

scaffold to add shims when sections settle or are not level.

7. Inspect locking devices frequently.

8. Install ladders as the erection proceeds. When scaffolds are to be in place for an

extended period of time, install a stairway.

9. Fasten all braces securely

10. Inspect planks prior to use.

11. Complete platform fully at each working level before assembling the next level.

Prohibited Scaffold Practices:

1. Do not mix frames and parts from different manufacturers.

2. Do not substitute concrete blocks, bricks or scrap lumber for a proper mud sill base, plates

and jackscrews.

3. Do not overextend jackscrews.

4. Do not use ladders or makeshift devices on top of scaffolds to increase the height.

5. Do not use the same planks for sills as you do for platform bases.

Dismantling Scaffolds

1. Ensure structure remains stable at all times

2. Clear platform of all materials and debris before dismantling

3. Proceed in the reverse order of erection.

4. Dismantle each tier completely before starting on the one below

5. Work from full platform decks while removing braces and frames.

6. Remove jammed or rusted components with caution. Tugging or pulling on stuck

parts often cause loss of balance. Wear a properly tied off safety harness and lanyard

7. Do not throw or drop boards or parts from heights

8. Check and maintain all scaffold parts. Repair or discard all damaged pieces

immediately.

9. Lubricate moving parts of all fitting.

10. Ensure that all dismantled scaffolding components are stored far enough away from the

disassembly work so as to keep the workplace safe.

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Rolling Scaffolds 1. Assemble rolling scaffolds according to manufacturer’s instructions

2. Ensure that the surface on which the scaffold is moved, is level and without holes or

obstructions.

3. Secure or remove all tools and building materials from the scaffolding prior to moving the

scaffolding.

4. Brace all rolling scaffolds horizontally and diagonally.

5. Cleat or secure all planks

6. Prevent joints from separating

7. Secure access ladders

8. Ensure that each wheel or caster is equipped with brakes to prevent rolling and

swivelling

9. Lock the caster brakes before climbing onto scaffold

10. Secure or remove all material, equipment and workers from platform before moving

11. Push towards the base when moving.

12. Refer to safety regulations for height stability requirements

What not to do 1. Do not stay on the scaffold when it is being moved. If a worker must remain on the scaffold,

make sure the worker is secured to the building (not the scaffold) with the appropriate safety

harness and lanyard.

2. Do not try to move a rolling scaffold without enough help. There should be a

minimum of two people moving the scaffold. Watch out for slopes, holes, debris and

overhead obstructions.

3. Do not extend adjusting screws more than the manufacturer’s recommended

distance.

4. Do not allow the working platform height to exceed three times the base width,

unless it is guyed and equipped with outriggers or otherwise stabilized.

5. Do not use powered devices to move scaffolds.

6. Do not lean access ladders against rolling scaffolds.

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Scaffold Inspection Checklist Citizen Focused Services Cluster B July 2014 SP 021a

Date of Inspection: Name of Inspector:

Name of Supervisor:

Work Area:

Items to Inspect Condition Okay

Needs Repair

Not applicable

Rolling Scaffolds

Condition of castors/wheels

Condition of brakes

Condition of toe boards

Mid rails (undamaged, in place)

Ladder and trap door (in good repair)

Platform

Braces

Outriggers

Handrails

Welds or bolts

Jacks/Levelling screws

Guard rails

Cracks/splinters/burrs/welds

Guy wires (available)

Frame Scaffolds

Scaffold components

Planks

Toe boards

Frame spacing

Sill size able to support loaded scaffold

Bases plates/Screw jacks

Level and plumb

Legs braced with braces properly

Guard rails

Overhead protection or wire screening

Tied to structure

Guy wires

Brackets, tube and clamp and accessories Tightened with nuts and bolts

No makeshift devices

Ladders

No electrical wires nearby

Weather conditions

Engineered specs for load rated parts

SP 021a Scaffold Inspection Checklist Current version on Cluster B Safety Site Page 1 of 1

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Fall Protection Equipment Cluster B Health & Safety

2014


SP 24 Fall Protection Obtain Current version from Cluster B H&S Site page 1 of 6

Purpose The purpose of this safety procedure is to provide guidelines for the use of fall

protection equipment.

Hazards There are many hazards that lead to falls:

Inclement weather Poor lighting/visibility

Poor housekeeping Irregular/slippery walking surfaces

Fall distances Improvised fall equipment

Inadequately maintained fall equipment Incorrectly worn fall equipment

Lack of training Openings in floors/roads

Definitions Fall Arrest System: An assembly of components joined together so that when the assembly is connected to a fixed support, it is capable of arresting a worker’s fall Fall Restricting System: A type of fall arrest system that has been designed to limit a worker’s fall to a specified distance Guardrail System: An assembly that provides a barrier to prevent a worker from falling from an edge of a surface Travel Restraint System: Any fall protection system that limits travel in a manner such that free fall is not possible. Fall Arrest Equipment terminology: Buckle means any device for holding the body belt or body harness closed around the employee's body.

Carabiner means a trapezoid or oval shaped connector with an auto-locking and normally closed gate which may be opened by turning of the closing/locking mechanism and applying pressure on the gate that automatically closes when pressure is released. Connector means a device which is used to couple (connect) parts of the personal fall arrest system and positioning device systems together. It may be an independent component of the system, such as a carabiner, or it may be an integral component of part of

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SAFETY PROCEDURE Fall Protection

SP 24 Fall Protection Obtain Current version from Cluster B H&S Site 2

the system (such as a buckle or dee ring sewn into a body belt or body harness, or a snap hook spliced or sewn to a lanyard or self-retracting lanyard). Dee-Rings mean attachment points on a body harness for deceleration devices or lanyards. Dee-rings must be capable of sustaining a minimum tensile strength of 5,000 pounds (2,267kg). Full Body Harness means a body support device consisting of connected straps designed to distribute a fall arresting force over at least the thigh, shoulders and pelvis, with provisions for attaching a lanyard, lifeline or other components

Lanyard means a flexible line of webbing or synthetic or wire rope, which is used to secure a full body harness to a lifeline or anchor.

Snap-Hook means a self-closing device with a keeper, latch or similar arrangement which will remain closed until manually opened. Webbing consists of the ropes and straps used in lifelines, standard and shock absorbing lanyards, and strength components of body harnesses. The webbing must be made from synthetic fibers.

General Requirements 1. All equipment required to safely perform work shall be used or worn.

2. Fall protection equipment and fall arrest systems shall be inspected before each

use.

3. Equipment shall be taken out of service and returned to the supervisor after a fall

has occurred.

4. Any violations, hazards, or deficiencies in equipment shall be reported to the

immediate supervisor without delay.

5. Emergency procedures shall be followed in the event of an injury, accident or

emergency.

Equipment

1. Follow the manufacturer’s instructions for use, maintenance and storage.

2. Anchor systems for fall protection shall meet the requirements of section 26.7 O.

Reg. 213/91.

3. Check with your supervisor before using any fall protection equipment in a

chemically active environment.

4. Never leave damaged or worn equipment where someone else might use it.

5. Use only cleaning materials referenced in manufacturer’s instructions. -DO NOT

USE BLEACH OR BLEACH SOLUTION

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6. Maintain fall protection equipment in a clean condition.

7. Store full body harnesses in a cool, dry, clean environment out of direct sunlight.

Avoid areas where chemical vapours may exist.

8. Thoroughly inspect the full body harness after extended storage

Fall Arrest Inspection

1. The user of fall arrest equipment shall inspect it before each use and yearly or more

frequently by a trained and competent person.

2. A written record of inspection and approval for continued use shall be retained.

3. Do not attempt to repair damaged equipment. Remove it from service immediately

and notify your Supervisor.

4. Do not use damaged equipment again unless both inspected and repaired by the

manufacturer or their approved representative.

5. Do not use equipment involved in a fall until it has been inspected and approved for

continued service. (Harnesses, ropes, and lanyards are typically replaced after a fall

event).

The following checks are to be included when inspecting fall arrest equipment for warning signs of faults:

Webbing

1. Examine all webbing on both sides and from end to end.

2. Flex the webbing, bending it to expose any signs of damage.

3. Check webbing, straps and reinforcing points carefully for wear and tear from

fastening and unfastening buckles and attaching snap hooks.

4. Look for cut, pulled or broken stitches, frayed, or damaged strands in the woven

web.

5. Look for discoloured, fused, brittle or melted fibres; these may be signs of chemical,

paint, solvent, burning or heat damage.

6. Shock-absorbing lanyards are always replaced after a fall and never reused.

Hardware

1. Inspect all buckles, D-rings and other metal components for cracks that may signal

the beginning of metal fatigue.

2. Check for sharp or rough edges that could cut webbing.

3. Check for rust or other corrosion and distortion or other signs of wear.

4. Check the metal wear pad at the base of D-rings to ensure the D-ring pivots freely.

5. Tongue buckles must have rollers that turn freely, not be bent out of shape, move

freely and overlap the buckle frame.

6. Check that friction or quick-release buckles are not bent or distorted and engage

correctly.

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7. Locking snap hooks and carabiners must function smoothly and not be bent. Check

that the spring closes the keeper latch securely against the snap nose.

8. Locking snap hooks must hold the keeper latch in its closed position.

D-ring Pad

1. Check the D-ring pad to ensure there are no cracks, rips or deformations.

Rivets

1. Rivets must hold tightly and not have pulled through the webbing.

2. Rivets must not be bent; bent rivets will fail under stress.

3. Pitted rivets indicate chemical damage.

Grommets

1. Grommets must be tight, not distorted or broken.

2. Check for corrosion, dents, sharp edges or cracks.

3. Discard a unit with missing grommets or if extra holes have been punched into it.

Ropes/Cables

1. Check that rope is free of knots and uniform in diameter.

2. Discard any knotted rope lanyard.

3. Examine the rope from end to end, rotating it as you go, and separating the strands

to look for worn, broken or cut fibers.

4. Look for damage that might be caused by welding, chemicals, paints or exposure to

heat sources.

Responsibilities Managers/Supervisors shall:

1. be familiar with the actual and potential hazards associated with work at heights.

2. ensure that components are inspected at least annually and more often if required by the manufacturer.

3. ensure that the requirements of the program and related elements of the Occupational Health and Safety Act and regulations, and applicable industry standards are applied at all times.

4. evaluate and document work operations to determine where fall protection procedures, devices and training are required in consultation with joint health and safety committees.

5. ensure that all employees under their supervision, who work in a location where fall protection is required are competent.

6. ensure workers who may work at heights have received training in “Fall Protection”.

7. ensure all records of practical training are recorded in the SAP system

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8. develop written site specific safe work procedures for individual tasks, particularly in unusual or unique situations, in consultation with joint health and safety committees.

9. ensure adequate staff are available to provide on-site assistance in the event of an emergency

10. ensure an adequate workplace specific fall rescue plan is developed

11. ensure the provision of practical training in the use of fall arrest systems and associated devices.

12. ensure all copies of any emergency rescue plans are retained for at least two years.

13. monitor staff to ensure procedures are followed, and, when violations occur, take appropriate action.

14. ensure that all equipment needed for fall protection work is maintained in good working condition.

15. ensure workers inspect all fall protection equipment daily using Appendix A, before each use.

16. ensure records of pre-inspection reports are completed using Appendix A

17. ensure that a competent person performs a documented inspection on all fall inspection equipment and maintain a permanent record.

18. ensure that any defective or any equipment subjected to a fall is tagged and removed from service immediately. Should the equipment be irreparable, then it must be destroyed, so it cannot be reused.

19. take every reasonable precaution to protect worker health and safety.

Workers Shall:

1. work in accordance with legislative requirements, corporate policy and departmental

safe work procedures.

2. attend all relevant fall protection training before performing work and apply the

knowledge gained in the performance of their work.

3. assist supervisory staff in developing safe work procedures for specific tasks.

4. immediately notify their supervisor if a fall occurs.

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Occupational Health and Safety Act, RSO 1990

Regulation for Industrial Establishments, Reg. 851

Regulation for Construction Projects, Reg. 213/91

Minimum Criteria/Certification of Components

1. CAN/CSA-Z259.1-95 (R1999): Safety Belts and Lanyards.

2. CAN/CSA-Z259.2.1-98: Fall Arresters, Vertical Lifelines and Rails.

3. CAN/CSA-Z259.2.2-98: Self-Retracting Devices for Personal Fall- Arrest Systems.

4. CAN/CSA-Z259.2.3-99: Descent Control Devices.

5. CAN/CSA-Z259.10-M90 (R1998): Full Body Harnesses.

6. CAN/CSA-Z259.11-M92 (R1998): Shock Absorbers for Personal Fall-Arrest Systems.

7. CAN/CSA-Z259.12-01: Connecting Components for Personal Fall Arrest

Systems (PFAS).

Distribution – City Manager, Deputy City Manager, Cluster “B”, Division Heads, Directors, Managers, Supervisors, HR OH&S/DM Manager, HR OH&S Consultants, CUPE Local 79, CUPE Local 416, TPFFA Local 3888, Joint Health and Safety Committees

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Fall Arrest Equipment Pre-Use Checklist Safety Procedure SP-024 a

NOTE: Do Not Reuse Fall Arrest Equipment Previously Involved in a Fall Until Inspected and Approved for Use by the Manufacturer or their

Authorized Representative

Full Body Harness Straps which may be secured about the employee in a manner that will distribute the fall arrest forces over at least the thighs, pelvis, waist, chest and shoulders with means for attaching it to other components of a personal fall arrest system.

Model or Part Number: Serial Number:

Date of Manufacture:

Circle either "Y" for yes, "N" for no, or "N/A for not applicable for the following items.

Webbing Dee Ring

Frayed Y N N/A Cracked Y N N/A

Cut Y N N/A Bent Y N N/A

Burnt Y N N/A Worn Y N N/A

Buckles Grommets

Cracked Y N N/A Missing Y N N/A

Bent Y N N/A Damaged Y N N/A

Strap keepers Stitching

Broken Y N N/A Loose Y N N/A

Missing Y N N/A Ripped Y N N/A

Labels Locking snap hooks

Intact Y N N/A Hook cracked Y N N/A

Previously Inspected Y N N/A Hook bent Y N N/A

“A” points to anchor point Y N N/A Hook worn Y N N/A

Springs Lock working properly Y N N/A

Weak Y N N/A Comments

Broken Y N N/A

Missing Y N N/A

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Lanyard with shock absorber A flexible line of rope, wire rope, or strap that has a connector at each end for connecting the body harness and to an anchorage point.


Date of Manufacture: Circle either "Y" for yes, "N" for no, or "N/A for not applicable for the following items.

Jacket Stretching

Cut Y N N/A From shock loading Y N N/A

Torn Y N N/A Knots

Burnt Y N N/A In rope lanyard Y N N/A

Signs of shock loading Y N N/A Connection

End loops To snap hook Y N N/A

Cut Y N N/A Stitching

Torn Y N N/A Loose Y N N/A

Burnt Y N N/A Ripped Y N N/A

Stretched Y N N/A Comments

Webbing

Frayed Y N N/A

Cut Y N N/A

Burnt Y N N/A

Damaged by chemicals Y N N/A

Rope Grab

A deceleration device that travels on a lifeline and automatically, by friction, engages the lifeline and locks so as to arrest the fall of an employee. A rope grab usually employs the principle of inertial locking, cam/level locking, or both



Manual Test Rope

Hand test rope grab Y N N/A Appropriate diameter & type Y N N/A

Springs Gate

Broken Y N N/A Cannot close fully Y N N/A

Missing Y N N/A Locking pin

Safety Latch Not Working Y N N/A

Broken Y N N/A Comments

Teeth on Cam

Worn Y N N/A

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Lifeline

A component consisting of a flexible line for connection to an anchorage at one end to hang vertically (vertical lifeline), or for connection to anchorages at both ends to stretch horizontally (horizontal lifeline), that serves as a means for connecting other components of a personal fall arrest system to an anchorage.



Diameter Length

Matches that of rope grab Y N N/A Reaches the ground Y N N/A

Polypropylene or Equivalent Y N N/A Protection

Discoloration If lifeline runs over an edge Y N N/A

From sun, chemicals Y N N/A Stretching

Attachment From shock load Y N N/A

To a secure anchor Y N N/A Comments:

Rope

Cut Y N N/A

Rotted Y N N/A

Frayed Y N N/A

Weakened by knots Y N N/A

Tripod / Davit Arm

A portable one-three-legged frame, used as a platform for supporting the weight and maintaining the stability of some other object .



Head Assembly

Head Assembly checked for assembly for wear and cracks Y N N/A

Leg locking mechanism checked for proper movement and locking functions Y N N/A

Spring (if equipped) on leg locking plate checked for proper function Y N N/A

All threaded connections are secure Y N N/A

Tubular Legs

All legs straight and checked for sharp edges, burrs, distortion, abrasions, cracks corrosion or pitted surfaces

Y N N/A

All legs severe indentations in area of locking plate and locking pins checked for of wear.

Y N N/A

Hardware

Bolts, chains, pins checked for defects Y N N/A

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Fall Arrestor / Self Retracting Lifeline

A deceleration device containing a drum-wound line which can be slowly extracted from, or retracted onto, the drum under slight tension during normal employee movement, and which, after onset of a fall, automatically locks the drum and arrests the fall.



Label

Labels are legible and not torn off or absent Y N N/A

Housing

Housing checked for any cracks or significant deformation. Y N N/A

Installation bracket and all bolts and nuts checked Y N N/A

Checked for intense corrosion or pitting is evident Y N N/A

Fall Indicator

On certain models, check fall indicator: A label in the lanyard above the snap hook will be exposed if the unit has been subjected to fall arresting forces. Is this in good condition?

Y N N/A

Screws

All screws are present and in good condition on the unit Y N N/A

Webbing

Entire length of webbing starting from the snap hook/karabiner end Y N N/A

Webbing checked for distortion, excessive wear, or abrasion Y N N/A

Anchorage Connections

Anchorage connector is properly seated with the anchor point Y N N/A

Lifeline Retraction and Extraction

With the device is in the mounted position, test the lifeline retraction and tension by pulling out at least a metre of the lifeline and allow it to retract back into the unit. The lifeline should pull out freely and retract all the way back into the unit. Is this in good condition?

Y N N/A

Note: If the spring appears to be weak, the unit will fail inspection

Breaking Mechanisms

Check locking mechanism by tugging on the webbing line which should lock immediately. Pull it a second time to confirm. Is this in good condition?

Y N N/A

Anchor

An engineered and designed point of attachment for lifelines, lanyards or deceleration devices

Capacity is 16 kilonewtons (3600 pounds) or more Y N N/A

Signs of Deterioration Y N N/A

One anchor per person Y N N/A

Comments

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Snap Hook

A connector consisting of a hook-shaped member with a normally closed keeper, or similar arrangement, which may be opened to permit the hook to receive an object and, when released automatically closes to retain the object. Only locking snap hooks are permitted.

Checked for cracks, corrosion or pitted surfaces Y N N/A

Bill and eye sections are not twisted or bent. Y N N/A

Keeper latch seats into bill without binding Y N N/A

Spring has sufficient tension to close keeper securely Y N N/A

Checked for bent cracked or broken fasteners Y N N/A

Locking device is working properly Y N N/A

Impact indicator is not exposed Y N N/A

Comments

Failure found during inspection or alteration of any component indicates that the item must be removed from service.

All Fall Arrest Equipment on this Checklist Passed Inspection: □ YES □ NO

Faulty Equipment # 1 : Faulty Equipment # 4 :

□ Remove from service □ Destroy □ Re-inspect by manufacturer








Date: ____________________ Inspected by: _____________________________ (print name clearly) Dec 2015

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Utility Hole Cover Removal Cluster B Health & Safety 2014


SP 11 Utility Hole Cover Removal Obtain Current version from Cluster B H&S Site page 1 of 2

Purpose

This procedure outlines the steps for the safe removal of utility Hole Covers.

General Requirements 1. Assess the work area for; proximity to a park/playground (pets, children), traffic in the intersection; pedestrian walkways, etc. 2. Secure the area before opening any chamber by ensuring that:

• a traffic control plan has been written out, implemented and followed • public safety has been considered i.e. pedestrians, the visually impaired and

children are kept at least 2 metres from any holes. • other site-specific conditions have been assessed and controlled. • required warning signs and barricades are in place to deter access by the public.

3. Check airspace in utility hole for explosives/toxic gasses/oxygen deficiency or

enrichment through vent hole in the lid, using approved gas monitor equipment.

4. If there is no vent hole: • Gas test around the crack between the cover and rim, • Gently open the cover enough to allow sampling hose to enter and block with a

wood shim. Then, proceed with gas monitoring.

5. Ensure gas readings are recorded on the Atmospheric Test Record

(http://insideto.toronto.ca/wes/hr/hns/swp/swp-014a.pdf ) if no entry is required or the Confined Space Entry Permit (http://insideto.toronto.ca/wes/hr/hns/swp/swp-001c.pdf.) if doing a confined space entry.

6. Remove cover with a suitable ergonomic lifting device and immediately set utility hole cover(s)/guardrail(s). 7. When work is complete, remove protective cover(s)/guardrail(s). 8. Do not re-insert non-vented lid back into utility hole. Only a properly vented utility

hole cover, shall be re-inserted into the hole. This may be accomplished by: • transporting sufficient number of vented utility hole covers or by, • onsite drilling of the lid.

9. While keeping full attention on the job, replace cover back into utility hole frame.

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http://insideto.toronto.ca/wes/hr/hns/swp/swp-014a.pdf

http://insideto.toronto.ca/wes/hr/hns/swp/swp-001c.pdf

http://insideto.toronto.ca/wes/hr/hns/swp/swp-001c.pdf

SAFETY PROCEDURE Utility Cover Removal

SP-11 Utility Cover Removal Obtain Current version from Cluster B H&S Site 2

10. Where multiple openings of utility hole covers are planned, ensure that a sufficient number of protective covers/guardrails are available so all utility holes are protected, at all times. 11. Confined space entry procedures shall be applied, in full, for any entry of

the chamber and include: • an entry assessment, • an entry control plan, • an emergency rescue plan and, • an entry permit, all prepared in advance of entry.

Legislation

Occupational Health and Safety Act, RSO 1990 Regulation for Industrial Establishments, Reg. 851 Regulation for Construction Projects, Reg. 213/91 Distribution –General Manager, Directors, Managers, Supervisors, OH&S Consultants, CUPE Local 79, CUPE Local 416, Joint Health and Safety Committees

Related Safety Procedures SP 09 Confined Space Entry

SP 10 Gas Detection Equipment

SP 18 Traffic Control

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Trenching and Excavating Cluster B Health & Safety

2015


SP 14 Trenching and Excavating Obtain Current version from Cluster B H&S Site page 1 of 7

Purpose

The purpose of this procedure is to specify the general requirements for the safe performance of trenching and excavating work.

Note: No worker shall enter an excavation over 4 feet deep (1.2 metres,) unless proper trench boxes or shoring systems are in place in any type of soil, except solid, stable rock

Hazards

Poor housekeeping Noise Slip, trips & falls previous excavations Objects falling into trench/excavation Existing foundations Surcharge Trench collapse Potential confined space Contaminated soil Heavy equipment Utilities Vibration Overhead wires Improper hoisting & rigging Unexpected buried obstructions Traffic Heat & Cold stress Icy conditions

Training

All City of Toronto employees and supervisors involved in excavation work shall successfully complete the Trenching and Shoring training and all other safety training that may be required such as:

Traffic Control

Rigging Safety

Confined Space Entry

Chain Saw/Quick Cut Saw Safety

Designated Substances Awareness

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SAFETY PROCEDURE Trenching and Excavating

SP 14 Trenching and Excavating Obtain Current version from Cluster B H&S Site 2

Requirements Prior to commencing any trench or excavation work, all requirements of the Ontario Occupational Health and Safety Act and Regulations, Corporate policy and Departmental procedures shall be complied with, which includes the following: 1. Ensure the Ministry of Labour is notified of the location of the dig by completing the online

Notification of Trench Work. Get the form at: https://www.appmybizaccount.gov.on.ca/sodp/osb/public/eform?formTemplateId=36014193&lang=en

2. Ensure a form 1000, Registration of Constructors and Employers Engaged in Construction, for all employers is available on site. Get the form at: http://www.labour.gov.on.ca/english/hs/pdf/ont06_017752.pdf

3. Use of a type 4 soil trench box for emergency water main repair:

a. Two (2) copies of its design drawings shall be submitted to the office of the Ministry of Labour nearest to the project

(Note: this is a onetime submission requirement, prior to using a specific trench box model for the first time).

MOL Health & Safety Offices in Toronto Scarborough: 2275 Midland Ave. Unit 1 M1P 3E7 For the rest of Toronto: 5001 Yonge St. Suite 1600 M2N 6P6 Submit the copies as follows: “Attn. Construction Health and Safety”

4. Locates: request and receive prior to commencing an excavation. Follow Safety Procedure SP 15 Work Around Underground Utilities.

5. Presence of Hydro Wires: follow safety procedure SP 16 Working near Overhead Power Lines.

6. Working on Roadways: follow SP 18, Traffic Control Procedure:

7. The Lead worker at the excavation shall complete the Excavation Pre-Work Checklist and communicate the checklist's findings (hazards, control measures) with all workers onsite.

8. The Lead worker shall ensure an appropriate emergency procedure is developed and kept on the project site.

9. Design drawings and specifications for every trench box, prefabricated, hydraulic or engineered support system must be signed and sealed by the professional engineer who designed the system and must be kept on site. All instructions in these specifications must be understood and followed.

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https://www.appmybizaccount.gov.on.ca/sodp/osb/public/eform?formTemplateId=36014193&lang=en

https://www.appmybizaccount.gov.on.ca/sodp/osb/public/eform?formTemplateId=36014193&lang=en

http://www.labour.gov.on.ca/english/hs/pdf/ont06_017752.pdf



10. If a trench box is used, it shall be installed so that the shoring box sits level and the walls of the support system touch the walls of the excavation. This may require back-filling around the outside of the box.

11. Ensure that proper rigging/hoisting techniques are used and all equipment and tools are in good condition.

12. Where a trench exceeds 6 meters in depth or 3.6 meters in width, the support system shall be engineered for that specific location.

13. Where an excavation may affect the stability of an adjacent building or structure (e.g. trees, lamp posts, hydro poles, retaining walls, and sidewalk bays), a professional engineer shall specify in writing, the precautions necessary to prevent damage to the building or structure.

14. All pipes, conduits and cables for gas, electrical and other services must be supported to prevent their failure or breakage.

15. Pump out any standing water in the excavation.

16. Observe soil conditions for deterioration due to weather.

17. If unexpected soil conditions are encountered such as suspicious odours or oil/gasoline sheen on water surfaces, workers shall stop work immediately and notify their supervisor. The supervisor shall have the soil assessed and will organize an adequate soil management plan.

18. Smoking is prohibited in or near to a trench in case combustible gases are present.

19. Tools and equipment shall be lowered into a trench in a controlled manner.

20. Only work in a trench if another worker is working above ground in close proximity.

21. Where a worker is at risk of falling more than 2.4 meters (eight feet) into a trench, guardrails shall be installed.

22. Ensure proper entry/exit to and from the excavation. Ladders shall be placed on firm ground and be securely tied off at the top, no more than 7.5 m (25ft) from any worker in the trench and extend at least 900 mm (3ft) above the surface.

23. When the site is left unattended, ensure the site is protected from the public. Ensure sturdy fencing at least 1.8 metres in height around the worksite. Place cones over ground-protrusions, and steel plates over unfilled excavations.

24. Machinery, equipment and material that is being used, left or stored where it may be a hazard to traffic on a public way shall be marked by flashing devices.

25. No support system for the walls of an excavation shall be removed until immediately before the excavation is backfilled.

26. When rigging is used in the work, follow the Safety Procedure Rigging & Lifting Devices SP 007.0

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27. Follow the City of Toronto Policy on Climate-Related Hazards - (i) Heat Stress (ii) Cold Stress (iii) Sun Protection and guidelines as appropriate.

28. Presence of Transite Pipe: Transite pipe contains asbestos. Follow Safe Operating Procedure Cutting Asbestos Cement Pipe (Transite) SOP-TW-018.05. http://insideto.toronto.ca/wes/hr/hns/sop/wws/sop-tw-018.pdf

Heavy Equipment Movement Heavy equipment operators shall position equipment so that: 1. vibration is minimized 2. workers are protected by minimizing reverse movements

3. a signal person is assigned, where necessary

4. when working close to power lines, equipment maintains the legislated distances 5. hoisting equipment or heavy equipment shall not permit a load to pass over a worker

Housekeeping, Material Storage and Handling 1. Inspect any equipment (e.g. personal protective equipment, compressors, hammers etc.)

prior to use to ensure that they are in good working order 2. Keep equipment, piping and stored material 1.8 m (6 ft.) from the edge of the excavation 3. Place excavated material at least 1m (3ft) away from the edge of the excavation 4. Maintain good housekeeping at all times; keep walkways clear 5. Ensure that the trench is reasonably clear of water 6. Use proper bending and lifting techniques 7. Machinery, equipment and material that is being used, left or stored where it may be a

hazard to traffic on a public way, shall be marked by flashing devices

City Workers on project sites where the “Constructor” is not the City of Toronto

City inspectors and other City workers who may visit construction projects with excavations where another company is the constructor shall: 1. successfully complete the Trenching and Shoring training

2. report to their supervisor the existence of any hazard or health and safety contravention of

which they observe

3. inform the constructor’s supervisor, present at the site, of the existence of any hazard or

health and safety contravention they observe

4. document the existence of any hazard and notifications that took place.

If the site supervisor is not correcting the reported hazard and the situation is of a nature

that presents "imminent danger" to workers, (e.g. allowing workers to continue working

in an unshored trench), the City worker should make the workers aware of the hazard

and let them know that he/she will be calling the Ministry of Labour at 1-877-202-0008 if

the safety concern is not immediately addressed.

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http://insideto.toronto.ca/wes/hr/hns/sop/wws/sop-tw-018.pdf



Responsibilities

Workers shall:

1. work in accordance with legislative requirements, corporate policy and departmental safe work procedures.

2. without delay, inform their supervisor when unique or non-standard situations are encountered during trenching and shoring activities.

3. only enter an excavation until the Excavation Pre-Work Checklist has been reviewed with the project lead.

4. attend all relevant safety training before performing work and apply the knowledge gained in the performance of their work.

5. use or wear required safety and personal protective equipment to safely perform their work

6. report any violations, hazards or deficiencies in equipment to their immediate supervisor without delay.

7. assist supervisory staff in developing safe work procedures for specific tasks.

8. follow established procedures in the event of an injury, incident or emergency Supervisors shall:

1. be familiar with all aspects of the departmental/divisional trenching and excavation program and

2. have taken all required training.

3. be familiar with the actual and potential hazards associated with trenching and excavating.

4. ensure that all employees under their supervision who do trenching and excavation work:

a. are competent to do the assigned work

b. have been provided with instructions

c. have received training prior to commencing work

d. have received practical training in the use of safety equipment

5. maintain a record of the training.

6. ensure that the Pre-Work Checklist is completed by the lead worker of the excavation work and the results of the Checklist have been communicated to all workers at the worksite.

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7. ensure workers remain outside an excavation if unexpected soil conditions are encountered. This includes suspicious odours or oil/gasoline sheen on water surfaces. Assess the soil and ensure the implementation of appropriate safety measures

8. ensure the submission of design drawings and specifications to the nearest office of the Ministry of Labour to the excavation, when a type 4 soil trench box is used for emergency watermain repair.

9. Monitor staff to ensure they follow these procedures and use/wear required safety and personal protective equipment.

10. ensure all safety, personal protective and work equipment are maintained in good working condition.


Occupational Health and Safety Act, RSO 1990 Regulation for Industrial Establishments, Reg. 851 Regulation for Construction Projects, Reg. 213/91

Distribution – City Manager, Deputy City Manager, Cluster “B”, Division Heads, Directors, Managers, Supervisors, HR OH&S/DM Manager, HR OH&S Consultants, CUPE Local 79, CUPE Local 416.

Related Safety Procedures SP 15 Work around Underground Utilities

SP 01 Hard Hats

SP 20 Rigging and lifting Devices


SP 16 Overhead Power Lines

SP 30 Compressed Air

SP 32 Quick Cut Saw Safety

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Excavation Pre-Work Checklist

Excavation Location ________________________________________________

Type of work to be performed ________________________________________________

Mandatory Items Checklist √

Ministry of Labour Notification of Trench Work completed and submitted

Form 1000, Registration of Constructors and Employers Engaged in Construction on site

Engineered Drawings on site for trench boxes and manufactured shoring

Operating Manuals for Equipment over 10 hp on site

No workers in trench unless another worker is present above ground in close proximity

Emergency Procedure on site

Checkmark the controls to be used:

Hazards Hazard Abatement or Control Method √

Utilities Properly located and supported in accordance with SWP002

Work Around Underground Utilities

Traffic Traffic Control Plan in accordance with SWP015 Traffic Control

Overhead wires Warning signs, safe distance maintained, use of signaller, in accordance with SWP036 Working Near Overhead Power Lines

Type of Soil 3 _____ 4 _____

Adequate shoring system in place according to soil type. (If an excavation contains more than one soil type, it shall be classified by the highest number)

Spoil load placement 1 meter away from open excavation or removed from site

Falling hazard (objects) No material stacked stored or piled within 1.8 meters (6 feet) of an excavation

Trucks/Heavy Equipment When backing up or obstructed view, signaller assigned

Pedestrian traffic, school or park near excavation

Proper barricades and signage for public’s protection

Communication Assessed and meets all communication requirements

Entry and exit access(ladder) Ladder secured, extending at least 900 millimetres (3 feet) above ground, rails and rungs in good condition

Employee safety Hard Hats & Safety Boots at all times and other appropriate PPE

Fall protection Barrier around open excavations over 2.4 meters (8ft) deep

Properly covered open excavation, if work not completed

Slipping/Tripping Housekeeping maintained at all times

Poor lighting/visibility Adequate site illumination in place

Hazardous atmosphere Use gas detection equipment, record results and if a hazardous atmosphere exists, follow the confined space procedure

Hazardous energy Isolates and locked out

Drowning Lifejacket(s) provided and worn when required

Other Hazards:

Assessor’s Name ______________________ Signature _______________________

Date ______________________

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Work Around Underground Utilities Cluster B Health & Safety Nov 2015


SP 15 Work Around Underground Utilities Obtain Current version from Cluster B H&S Site page 1 of 19

Purpose

The purpose of this procedure is to ensure that excavation work near underground utilities and working within 30 metres of high pressure pipeline safety zone plus the right-of-way distance set by the pipeline company is performed safely by Cluster B employees.

Note: The onsite worker/supervisor in charge of an excavation project shall review locate details, drawings and permit information with all onsite City of Toronto and contract staff. This is to ensure:

all workers are aware of the presence of buried utilities

the proper measures to work safely around them

that all necessary permits have been obtained

Hazards

Hazards that workers may be exposed to when excavating and working around underground utilities include:

electrocution

explosive, flammable, combustible gases or fluids

toxic gases & vapours

drowning

cave-ins

contaminated soils (PCB’s may be present in coal-tar coating around older natural gas pipelines)

vehicular traffic and heavy equipment/machinery around excavation

items/materials falling or dropping onto those working in excavations

damage and/or exposure to unanticipated or unexpected utilities in the area under excavation


Excavation work shall be performed in accordance with SP 012- 01 “Trenching and

Excavating” Excavations over 1.2 meters deep shall be made safe by adequate sloping, shoring or

use of an appropriate trench box.

1. Before starting the work project, the supervisor (or Dispatch office in Toronto Water) shall

obtain locate permits from Ontario One Call (1-800-400-2255) and the appropriate utility owner(s) not included on the One Call System. Street utility locates expire after 30 days.

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SAFETY PROCEDURE Work Around Underground Utilities

SP 15 Work Around Underground Utilities Obtain Current version from Cluster B H&S Site 2

For work situated inside of City of Toronto plant facilities, additional approval and information on underground structures shall be obtained from Plant management.

2. The onsite worker/supervisor in charge of an excavation project shall review locate details,

drawings and permit information with all onsite City of Toronto and contract staff.

3. The on-site work crew shall check the physical site for signs indicating the presence of an underground utility such as:

gas drip valves

electrical vaults

lighting fixtures

telephone and cable vaults

watermain valve chambers

maintenance holes (storm or sanitary sewers)

recent excavation markings

recent locate markings If field evidence is not consistent with locate markings, stop work, advise supervisor, and wait for instructions.

4. If permit information/drawings are unclear or open to differing interpretations, do not

continue work until Ontario One Call or the appropriate utility owner is contacted to clarify the information (see Appendix A – How to Read a Locate – pages 16 and 17).

5. A copy of the service locates shall be kept at the work site for the duration of the project. 6. If locate information indicates that the area is clear of utilities, proceed with mechanical

excavation.

7. If locate information indicates the presence of utilities, then await marking of locates. If underground work is planned to be done within one metre of a power line, contact Toronto Hydro, request to have hydro staff present and follow their instructions to control the electrical hazards.

8. Use a gas detector and record readings when working around sewers and/or hazardous atmospheres.

9. If the work activity will remove the locate markings from the ground, an on site work crew member shall be designated to make accurate drawings or take photos of the layout of the markings and surrounding area to retain the locate information.

10. Do not begin removal of any sidewalk or road surface until locate permits and markings are

completed. 11. Where digging over a utility locate to remove sidewalk or road surface, use appropriate care.

Do not disturb the ground beneath the pavement. 12. Where locates indicate that utility lines are very close to the surface under the concrete, do

not begin sidewalk, asphalt/road surface removal until the appropriate utility has been

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notified and additional procedures and/or isolations are put in place and are being followed, to render the excavation safe.

13. If the underground utility is not yet exposed, mechanical excavation shall not be performed within the following boundary limits:

1 meter from any marked street utility, or;

3 meters from any marked high-pressure pipeline Hand digging, or approved Hydrovac removal of the soil shall be used to expose the utility.

14. Use care and caution by using a shovel with a wooden or insulated handle and wear electrical insulating rubber gloves with leather protectors.

15. Unidentified and Abandoned Distribution Lines - Where a utility line is found during

excavation that was not identified by the utility, but within the area covered by the locate information, do not assume the line is an abandoned utility line. The Excavator shall immediately contact the utility as appropriate, to determine if the line is abandoned or live.

16. If an exposed gas utility is coated in coal tar, and the gas utility has not indicated that the

coal tar is free of PCBs, then assume the coal tar coating may contain PCBs. Prevent worker contact with the coal tar coating around the natural gas line by draping the exposed pipeline with a sheet of durable plastic (polyethylene). Once the work on the water / wastewater system is complete:

remove the plastic sheet carefully

fold it so that the side which contacted the gas pipeline is folded towards the inside of the folds

secure the folded plastic with tape, or in a taped cardboard box

transport it to the District Operations yard

Use an accredited hazardous waste service provider for proper disposal

17. Once hand-digging has exposed the buried utilities at one or more points, additional mechanical excavation may be performed no closer than:

0.3 metres (1 foot) from any street utility, or;

3 metre from any high-pressure pipeline

18. Properly support exposed utilities, where required.

19. Stop and exit the excavation immediately and notify the supervisor if:

gas detector alarms

an odour of gas is present

electrical utility casings are broken

excessive flooding occurs 20. If damage is discovered or if utilities are accidentally damaged:

immediately initiate an emergency response if needed

notify your supervisor

notify the owner of the damaged utilities

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Hydrovac Excavation within 1 m of Gas Utility Lines

The following procedures shall be used at all times when excavating with hydro-excavation technology, within 1 m of gas utility lines: 1. Obtain locates prior to commencement of work. Only a competent, qualified worker shall

operate hydro-excavation equipment. 2. The manufacturer’s manual for the hydro-excavation equipment shall be kept on site and

all requirements specified in the manual shall be followed. 3. The maximum water pressure to be used at any time with a straight tip nozzle during

excavation in public roads and easements shall be 17250 kPa (2500 psi). Below a depth of 45 cm (18”) the water pressure to be used at any time with a straight tip nozzle shall be reduced to a maximum of 10350 kPa (1500 psi). All pressure measurements are to be taken at the hydro-excavation machine (truck, pump).

4. The maximum water pressure to be used at any time with a spinning tip nozzle during

excavation shall be 20684 kPa (3000 psi). When a spinning tip nozzle is used, pressure measurements are to be permanently monitored using a calibrated device mounted on either the hydro-excavation machine (truck, pump) or the wand.

5. The wand shall always remain in motion during excavation.

6. Aim away from the utility lines at all times. 7. A distance of at least 20 cm (8”) shall be maintained between the end of the nozzle and

the utility lines and/or subsoil. The nozzle shall never be inserted into the subsoil while excavating above the utility lines.

8. Only use hydro-excavation equipment and nozzles that have been specifically designed

for use above buried gas lines or other reasonably expected underground utility lines. 9. A device capable of stopping the excavation on demand, such as a dead man trigger or

valve, shall be installed on the wand.

10. If heated water is used during excavation, the temperature and pressure of the water shall never exceed 115 degrees Fahrenheit (45 degrees Celsius) and 17250 kPa (2500 psi) respectively.

11. If damage to gas line occurs while using hydro-excavation technology, or other method

of excavation, the excavator shall contact the gas utility immediately.

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Hydrovac Excavation within 1 m of Electrical Lines

In addition to the above precautions, the following shall be followed when excavating near underground power lines: 1. If there is a possibility of damage to the underground power lines, stop work and contact

Toronto Hydro and request to have hydro staff present and follow their instructions to control the electrical hazards.

2. All parts of the Hydrovac and equipment are considered to be conductive and shall be bonded to the system accordingly.

3. Workers shall be trained regarding how to use temporary bonding equipment.

4. The Hydrovac unit must be grounded before work begins (see illustration)

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Work around High Pressure Pipelines

1. The safety buffer is 30 meters (100 feet) safety zone from a high pressure pipeline, plus the right-of-way distance set by the pipeline companies and indicated on the locates. Doing work around high pressure pipelines, such as the Trans-Northern Pipeline and the Major Enbridge Pipeline, is under Federal jurisdiction regulated by the National Energy Board Pipeline Crossing Regulation.

2. Work must be conducted with extreme caution, because of the potentially dangerous

situations which could result. Written approval must be obtained from the Pipeline companies.

3. Markers indicating the presence of high-pressure pipelines:

Image source: NEB Response to Reports of Unauthorized Construction and Excavation Activities near Pipelines

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4. In the Toronto area, these pipelines are located near Finch Avenue in North York and

Scarborough, down the Don Valley Parkway and from Finch to the Airport area in Etobicoke. (see map)

pipelines =

5. Prior to beginning any construction/excavation work within 30 meters of a high-pressure pipeline plus the specified right-of-way distance as indicated on the locates, written approval must be obtained from the pipeline company.

6. Prior to driving heavy work vehicles off road within 30 meters of a high-pressure pipeline

plus the specified right-of-way distance as indicated on the locates, written approval must be obtained from the pipeline company.

7. After the pipeline company has given their written permission to carry out the work near their

pipeline, the work crew supervisor must give the pipeline company at least 3 working days notice before starting the planned work activity, unless otherwise agreed to in writing by the pipeline company.

8. Work shall be carried out in accordance with the details set out in the approval document

received from the pipeline company. 9. A city representative shall be on-site when the pipeline company marks its pipelines so that

the pipeline markings are clearly understood. 10. One working day notification to the pipeline company is required before backfilling over any

pipelines that were exposed during the work activity. 11. If the pipeline must be interfered with or altered, the work crew supervisor shall obtain prior

written consent from the pipeline company to do so, and the work at that point must be carried out under the supervision of a representative from the pipeline company.

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Emergency Response

A. Underground live power line damaged by digging machinery

Action: 1. Stop all digging and shut off all vehicles and power equipment. 2. Unless another situation arises such as a vehicle fire, the operator to stay in the machine. 3. Assess situation from at least 10 metres (33 ft.) back. 4. Determine the safe zone (10 metres, 33 ft.), secure the area by barricading and/or other

appropriate measures, inform emergency responders and keep people back. 5. Call your supervisor, 911, and Toronto Hydro at 416.542.8000. Give the location and

provide the number of the nearest transformer or switching kiosk. Numbers are stencilled on the unit.

6. Keep feet close together when approaching and don’t approach closer than 6 metres (20

ft.) to the machine. Do not touch or disturb any part of the digging machine, the damaged utility line, or utility equipment.

7. Wait for the Electrical Utility personnel to isolate and de-energize the underground power

line.

B. Bell Canada, Rogers, and TELUS lines damaged by digging machinery

Action: 1. Avoid handling any cables. If it cannot be avoided, use leather gloves. 2. Call your supervisor. Call Bell Canada repair at 611(cell phone, dial 310 Bell) or call

Rogers Cable system at 416 935-5625 or 1-800-738-7893, or call Telus at 800-887-1221 to report the damage.

3. Provide your name, your company name and a contact number where you can be reached,

if additional information is required. 4. Provide the exact municipal address of the damage. If this is not possible, provide a

reference point, such as the closest intersection or hydro pole number. Be prepared to

provide the locate reference number. 5. Finally, do not bury the damaged cable or conduit, no matter how minor it may appear.

Leave it exposed for the repair crew.

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C. Natural Gas pipe line damaged by digging machinery

Coating Only and No Gas Is Escaping

Action: Leave the excavation open and call Enbridge at 1-888-447-4911 or 1-866-763-5427.

Any Size of Line Is Leaking

Action: 1. Stop all digging and shut off all vehicles and power equipment.

2. Extinguish all potential sources of ignition (i.e. - open flames, running motors, radios, cell

phones, flashlights and electric switches). 3. DO NOT attempt to control gas escaping from a natural gas line. If the gas from a leaking

natural gas line has ignited, DO NOT attempt to extinguish the flames. 4. Clear area of public and crew.

5. Call 911.

6. Call your supervisor and Enbridge Gas immediately at 1-888-447-4911.

7. Monitor the air outside of your established "hazard perimeter" for a leaking natural gas

pipeline until gas utility staff or the fire department arrive. Avoid entering the area if your monitor reads over 25% LEL (explosive limit) or under 19% oxygen (asphyxiation limit).

8. Notify any affected nearby persons or building occupants downwind of the leaking gas

pipeline or those potentially affected by natural gas flames. 9. If necessary, adjust the site’s traffic control plan and/or traffic control devices to route

vehicular and pedestrian traffic out of your established "hazard perimeter" for the leaking natural gas pipeline.

10. Notify the Ministry of the Environment Spills Action Centre at 1-800-268-6060 for any

natural gas leak greater than a pinhole “fuzz” leak.

D. Digging Machinery makes contact with High-Pressure Pipeline Contact with a Pipeline (NOT ruptured) 1. Stop work immediately. 2. Shut off equipment. 3. Notify affected pipeline company immediately. If an inspector is not on site, call the

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contact number on the approval form or emergency number listed on marking signs. 4. Provide assistance to inspector as required. 5. Keep area clear until pipeline repairs are completed.

Rupture to a Pipeline

1. Stop work immediately. 2. Shut off all power equipment. 3. Evacuate area of public and crew. 4. Call 911. 5. Notify affected pipeline company immediately. If an inspector is not on site, call the

contact number on the approval form or emergency number listed on marking signs. 6. Assist in evacuation, road closure, etc. 7. Assist with environmental control of incident.

Responsibilities Workers shall: 1. work in accordance with legislative requirements, corporate policy and departmental safe

work procedures. 2. attend all relevant training on excavating and working around underground utilities, and

apply the knowledge gained in the performance of the work. 3. be trained in reading locates. When locate information is unclear, no work is to proceed

until clarification is obtained from supervisor. 4. use and/or wear all equipment required to safely perform the work. 5. report any violations, hazards or deficiencies in equipment to the immediate supervisor

without delay. 6. begin mechanical excavation of the ground only when the area has been declared clear of

utilities or the utilities have been accurately located. 7. upon discovery of utility lines significantly closer than expected to the surface, immediately

call utility and supervisor to address the situation. 8. hand dig cautiously when exposing utilities, as described in the "General Requirements"

section. 9. upon discovering an uncontrolled hazard, immediately stop work and advise the supervisor.

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Supervisors shall: 1. be familiar with all aspects of the safety procedures related to excavating and working

around underground utilities. 2. ensure, prior to commencing work, that all employees under their supervision who excavate

or work around underground utilities: a. are competent to do the assigned work b. have been provided with instructions c. have received training

3. ensure that all employees are given instruction and training on reading utility locate forms and drawings.

4. provide practical training in the use of safety equipment such, as trenching and shoring devices, leather and rubber gloves for electrical work, and traffic control devices.

5. ensure all staff use or wear required safety equipment when performing assigned tasks. 6. ensure all equipment needed for excavating and working around underground utilities is

maintained in good working condition.

7. ensure requests for locates to Ontario One Call and appropriate utilities are made. 8. ensure work crews are advised of receipt of a clearance, or, that a utility is on the way to

the work location. 9. ensure the Ministry of Labour is notified of the work site excavation location and a Trench

Number is obtained. 10. ensure the Trench Number is provided to the work crew. 11. if a federally regulated pipeline (such as Enbridge, Trans Northern, Sarnia Products or Sun-

Canadian) is involved in the intended work area, ensure that NO WORK commences until a clearance is received or a representative is on site. No excavation shall take place within 30 metres of these services plus the specified right-of-way distance without prior notification to these companies.

12. be aware of any locations where additional precautions are required, and advise their work crews accordingly.

13. rectify any identified unsafe condition and consult with the utility, where required. 14. be aware of the appropriate contact protocols and contact information for each utility

company if damage is done to the utility. 15. if a utility is hit, despite the precautions of this procedure, arrange for a meeting with the

appropriate parties/utilities to determine what additional controls must be implemented to prevent future damage and potential employee injury.

16. where lines are discovered to be significantly closer than expected to the surface, immediately inform the appropriate utility and await instructions.

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Definitions

Abandoned those utility lines that have been identified by the utility in the locate Utility Line: as abandoned. Blanket Locate permission to excavate, subject to terms and conditions outlined by a or Alternate written agreement between the Contractor or Excavator and the utility. Locate Agreement: Contractor the individual, partnership, corporation, public agency or other or entity that digs, bores, trenches, grades, excavates or breaks ground with Excavator: mechanical equipment or explosives in the vicinity of a utility line. Excavation: the hole that is left in the ground as a result of removing material.

Ground: the surface of the earth, including concrete or asphalt roads and/or sidewalks, and all matter below. Hand dig: to excavate using a shovel with a wooden or an insulated handle, not including picks, bars, stakes or other earth piercing devices. Note: Regulations requiring a locate include hand digging applications. Hydrovac: the use of pressurized water or compressed air to loosen soil and a vacuum system to remove it. Isolation: separated from all sources of energy. Live:

a) electrically connected to a source of voltage difference or electrically charged so as to have a voltage different from that of the earth, b) connected to a source of fuel under the Technical Standards and Safety

Act. Locates: identification on the ground of the position of the utility line(s) based on records or electronic locating equipment and includes provision of necessary documentation such as a locate sheet. Mechanical boring or open cut excavation by means of mechanical excavating Excavation: equipment such as powered excavator, earthmover, earth piercing equipment including hand held augers, picks bars, stakes or any other device that may damage the utility’s service. Straight a straight tip nozzle is a single orifice fitting that can be inserted into the end Tip Nozzle: of the wand used with a hydro-excavation machine such that there is a single

concentrated jet of water exiting from the tip of the nozzle. Spinning Tip a spinning tip nozzle is a fitting that emits multiple jets of water, from a

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Nozzle: housing-tip that is designed to spin due to the pressure of the water jets exiting the housing-tip. The jets of water leaving the spinning nozzle do so at an angle of not less than 20 degrees, causing the jet-spray to be cone-shaped and spread out, rather than just a straight concentrated jet of water. Utility: the individual, partnership, corporation, public agency, or other entity that is licenced to operate an electric distribution system under the Ontario Energy Board Act or a pipeline under the Technical Standards and Safety Act. Utility Line: facilities operated by a utility through which gas or electric energy is

conveyed and includes pipe, cables, and other directly related equipment and components such as switches, valves, meters and supporting structures.

Legislation (Excerpts)

Construction Regulations O. Reg. 213/91, section 228

PRECAUTIONS CONCERNING SERVICES

228. (1) Before an excavation is begun,

(a) the employer excavating shall ensure that all gas, electrical and other services in and near the

area to be excavated are located and marked;

(b) the employer and worker locating and marking the services described in clause (a) shall

ensure that they are accurately located and marked; and

(c) if a service may pose a hazard, the service shall be shut off and disconnected. O. Reg.

213/91, s. 228 (1).

(2) If a service may pose a hazard and it cannot be shut off or disconnected, the owner of the service

shall be requested to supervise the uncovering of the service during the excavation. O. Reg.

213/91, s. 228 (2).

(3) Pipes, conduits and cables for gas, electrical and other services in an excavation shall be

supported to prevent their failure or breakage. O. Reg. 213/91, s. 228 (3).

PROTECTION OF ADJACENT STRUCTURES

229. (1) If an excavation may affect the stability of an adjacent building or structure, the constructor shall

take precautions to prevent damage to the adjacent building or structure. O. Reg. 213/91, s. 229 (1).

(2) A professional engineer shall specify in writing the precautions required under subsection (1).

O. Reg. 213/91, s. 229 (2).

(3) Such precautions as the professional engineer specifies shall be taken. O. Reg. 213/91,

s. 229 (3).

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Technical Standards and Safety Act 2000, Ontario Regulation 210/01

Oil and Gas Pipeline Systems

No interference with pipeline

10. No person shall interfere with or damage any pipeline without authority to do so. O. Reg.

210/01, s. 10.

National Energy Board Pipeline Crossing Regulations, Part I

SOR/88-528

6.(f) unless otherwise agreed on by the pipeline company and the excavator and, except

in cases of emergency, three working days’ notice is given by the excavator to the

pipeline company prior to commencement of the excavation;

(g) in the case of an emergency, as much prior notice as is practicable is given by the

excavator to the pipeline company prior to commencement of the excavation;

(h) prior to commencement of the excavation, the excavator

(i) confirms with the pipeline company that all the pipeline company’s pipes in the

vicinity have been staked, and

(ii) ensures that the pipeline company explains, to the satisfaction of the

excavator, the significance of the stakes that identify the location of the pipeline

company’s pipes;

(i) the excavator does not excavate mechanically within a restricted area;

Legislation and Other Requirements

Occupational Health and Safety Act

Construction Regulations O. Reg. 213/91, section 228

Technical Standards and Safety Act 2000, Ontario Regulation 210/01

National Energy Board Act, Pipeline Crossing Regulations (Parts 1 and II)

Ontario Highway Traffic Act & Ontario Traffic Manual, Book 7, Temporary Conditions, Field Edition

National Energy Board Act, Pipeline Companies (Trans Northern, Sarnia Products and Sun-Canadian)

Ontario Regional Common Ground Alliance (ORCGA) best practices manual current version

Technical Standards Safety Association, Guidelines for Excavations in the Vicinity of Utility Lines, December 2008.

Enbridge Consumers Gas, support of Gas Pipelines in the Vicinity of Excavations,

Bell Canada and Rogers Cable systems Excavation Guidelines

National Energy Board, Excavation and Construction near Pipelines (guideline)

Toronto Hydro, Safe Excavating Procedure in the Vicinity of Electric Utility Underground Plant

City of Toronto, Tree Protection Policy

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Related Safety Procedures SP 14 Trenching and Excavating


SP 16 Overhead Power Lines

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COLOUR CODE

For Marking Underground Utility Lines

White Proposed Excavation

Red Electric

Yellow Gas/Oil/Steam

Orange Communication CATV

Blue Potable Water

Purple Reclaimed Water Irrigation & Slurry

Green Sewer

Violet Temporary Survey

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Appendix A- How to Read a Locate Form – Page 1

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Appendix A- How to Read a Locate Form – Page 2

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Appendix B – High-Pressure Pipeline Right-of-Way on Locate Report

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Working Near Overhead Power Lines

Citizen Focused Services Cluster B 2014


SP 16 Working Near Overhead Power Lines Obtain Current version from Cluster B H&S Site page 1 of 8

Purpose The purpose of this procedure is to establish adequate measures for the protection of workers who may be exposed to overhead hazards from energized electrical equipment, installations and conductors while performing their assigned duties.

Hazards Hazards that workers may be exposed to when working near power lines include:

electrocution

explosion

Arc flash

Training

All personnel involved with work that presents the potential for a hazard from contact with energized overhead electrical conductors shall be trained in:

overhead electrical hazard recognition

the proper use of tools, machinery and personal protective safety equipment

familiarity with this procedure and the Power Line Protection Plan/ Procedure/ Checklist

emergency rescue

first aid and CPR

practical training by supervisor in the use of personal protective safety equipment such as, but not limited to, fall arrest systems, body harnesses, gas detection devices, respiratory equipment and communication systems

other procedures, such as Traffic Control, when required. Workers, assigned as signallers, shall also be trained in:

the established signalling protocol with equipment operators


The following steps shall be taken when working in the vicinity of power lines: 1) Locate power lines. All overhead power lines shall be considered energized until proven

otherwise. If they present a potential hazard to workers, have power lines de-energized or covered, if practical, in consultation with Toronto Hydro crews.

2) Complete the Power Line Protection Plan/ Procedure/ Checklist and ensure that all

conditions and requirements are satisfied and that all protective measures are in place. 3) Machinery/equipment operators shall be provided with written notification of the electrical

hazard before beginning the work.

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SAFETY PROCEDURE Working Near Overhead Power Lines

SP 16. Working Near Overhead Power Lines Obtain Current version from Cluster B H&S Site 2

4) Non-conductive ladders shall be used at all times, when working near over head lines. 5) Materials from trucks and flatbeds shall be unloaded away from overhead power lines.

Materials to be lifted by a crane or another hoisting device must not be stored under overhead power lines. No material shall be stacked or piled within 1.8 meters of an excavation.

6) An adequate number of 14” x 10” plastic warning signs, stating “Danger. Overhead Power

Lines”, visible to equipment operators, shall be positioned in the vicinity of the electrical lines (see appendix B). All workers must be able to see these warning signs under any environmental conditions that may occur (e.g., night, rain, fog).

7) A legible decal warning of the potential electrical hazard shall be visible to the operator and

attached at the operator’s station (see appendix C). 8) The following minimum distances must be kept between workers or equipment and power

lines:

a) 750 to 150,000 volt lines - 3 metres (10 feet) b) 150,000 to 250,000 volts - 4.5 metres (15 feet) c) over 250,000 volts - 6 metres (20 feet)

d) Power lines less than 750 volts can cause injury or death. Maintain a distance of I metre

from low-voltage hydro wires. 9) In maintaining safe clearances from electrical power lines and apparatus, equipment

operators and signallers shall allow for equipment sway, rock or sag. 10) A competent worker, designated as a signaller, shall be stationed so that he or she is in full

view of the equipment operator and has a clear view of the electrical conductor and of the vehicle or equipment, at all times, and shall warn the operator each time any part of the vehicle or equipment or its load may approach the minimum distance.

11) A signaller:

a) shall not perform other work while acting as a signaller. b) shall be clear of the intended path of travel of the vehicle, machine or equipment, crane

or similar hoisting device, shovel, backhoe or similar excavating machine or its load; c) shall be in full view of the operator of the vehicle, machine or equipment, crane or similar

hoisting device, shovel, backhoe or similar excavating machine;

d) shall have a clear view of the intended path of travel of the vehicle, machine or equipment, crane or similar hoisting device, shovel, backhoe or similar excavating machine or its load; and

e) shall watch the part of the vehicle, machine or equipment or crane or similar hoisting device, shovel, backhoe or similar excavating machine or its load whose path of travel the operator cannot see

f) shall communicate with the operator by means of a telecommunication system or, where visual signals are clearly visible to the operator, by means of prearranged visual signals.

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Emergency Procedure The following shall be followed if equipment or machinery comes into contact with an overhead line:

To avoid fatal electric shock, the signaller shall secure the area so that no workers come within 10 metres of the equipment/machinery.

The equipment operator shall stay inside the vehicle until the Electrical Utility arrives and shuts off power, unless there is a real threat of fire or explosion.

If the equipment operator must get out due to fire or potential explosion, he/she shall jump out with feet together and shuffle away from the equipment keeping both feet close together taking care to never contact the ground the vehicle at the same time.

Rescue Rescue shall be attempted only by a person trained to use special live line tools. In cases

involving high voltage lines, even using a wooden tool, a dry rope, hose, wooden pole or board to move the victim from the wire is dangerous.

If life is at stake and rescue must be attempted, a heavy object like those mentioned above can be thrown in order to separate the victim from the wire. Never touch the equipment or the victim while still in contact with the power line.

Protect yourself - do not become a 2nd victim.

Contact the Ministry of Labour, Electrical Safety Authority and members of the JHSC if:

Accidental contact by a crane, similar hoisting device, backhoe, power shovel or other vehicle or equipment or its load with an energized electrical conductor rated at more than 750 volts. Reg. 213/91, s. 11 (1);

If the resulting injury meets the definition of critical injury, follow the reporting procedure stated in the Cluster B safe working procedure (SWP-010.01).

Personal Protective Equipment

Signallers, and all workers who may be endangered by vehicular traffic, shall wear all the traffic retro-reflective and florescent clothing required by sections 69 and 106 of the Construction Projects Regulation 213/91.

All workers shall wear protective headwear that meets the Canadian Standards Association Standard Z94.1-92, Class E (electrical).

Electrical resistant footwear shall be worn that meets Canadian Standards Association Standard Z95-09. It should be noted that electrical resistant foot protection is provided under dry conditions and the insulating properties of such footwear will deteriorate in wet environments and with wear.

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Responsibilities Supervisors shall: be familiar with the hazards associated with working near power lines.

ensure the requirements of this procedure and related elements of the Occupational Health and Safety Act and regulations are applied at all times.

ensure that all workers are provided with proper instructions and training prior to work assignments.

ensure that, if work near overhead power lines may present hazards to workers, a Power Line Protection Plan/ Procedure/ Checklist are competed before work begins.

ensure that the signaller has received adequate oral training in his or her duties and has received adequate oral and written instructions in a language that he or she understands.

ensure a copy of the signaller’s instructions is kept at the project site.

ensure that all City of Toronto workers and any other on-site employers/contractors involved in work near overhead power lines are trained on the requirements of the Power Line Protection Plan/ Procedure/ Checklist.

consult with the power utility, to determine if the workplace procedure is insufficient to adequately protect workers.

If the workplace procedure is determined to be insufficient to adequately protect workers then take the direction of the power utility in providing enhanced protection as required to address the site specific risks.

ensure all staff use or wear required safety equipment and are properly trained in their use, when performing this assigned task.

ensure appropriate equipment, tools and materials needed to safely carry out this work are provided and maintained good working condition.


Workers shall: work in accordance with this procedure, legislative requirements and corporate policy.

attend all relevant training on working near overhead power lines and apply the knowledge gained in the performance of their work.


report any concerns, violations, hazards or deficiencies in equipment to their immediate supervisor without delay.

upon discovering an uncontrolled hazard, stop work and immediately advise the supervisor. Workers, assigned as signallers, shall:

use established communication signs and signals to ensure no person, vehicle or piece of equipment encroaches on the minimum permitted distance to power lines.

focus on the signalling task and absolutely not perform any other work (when equipment is being used while within the limits of approach).

wear all protective, reflective clothing, as per requirements.

remain stationed in a location that is both in full view of the operator and has a clear unobstructed view of the electrical equipment, installations and conductors, at all times,

warn the operator each time any part of the vehicle or equipment or its load may approach the minimum distance.

communicate with the operator by means of a telecommunication system or, where visual signals are clearly visible to the operator, by means of prearranged visual signals.

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Legislation

Occupational Health and Safety Act, RSO 1990 Regulation for Industrial Establishments, Reg. 851 Regulation for Construction Projects, Reg. 213/91 Canadian Standards Association Standard Z95-09, Protective Footwear CSA standard Z94.1-92 Protective Headwear

Related Safety Procedures SP 14 Trenching and excavating

SP 15 Work Around Underground Utilities


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Appendix A: Power Line Protection Plan/ Procedure/ Checklist

Below 750 volts - 1 metre (3 feet) 750 to 150,000 volts - 3 metres (10 feet) 150,000 to 250,000 volts - 4.5 metres (15 feet) Over 250,000 volts - 6 metres (20 feet)

If the voltage rating is not known then assume it to be the highest rating and use the highest minimum distance as shown in the table. Contact Toronto Hydro to determine the voltage before proceeding.

Drawing (show location of overhead lines and work area)

Signaller’s Name

Equipment Operators Name Are there vehicles, equipment or loads that may approach the minimum distance?

Utility owner to identify lines Utility owner to cover lines Utility owner to isolate lines Danger sign(s) erected at job site approach Danger sign(s) erected at area of proximity Equipment operator received notice of electrical hazard Electrical warning Operator’s Cab Decal posted Supervisor Safety Talk Overhead Powerlines reviewed with work crew This procedure communicated to all workers on site

Lead hand/supervisor: __________________________ Signature: __________________________ Date: _____________ *** If at any time the signaller is unsure when working in proximity to overhead power lines, all activities must immediately stop.

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DANGER

Overhead Power Lines

Appendix B: Site Warning Sign

(10”x14” non-conductive plastic)

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Appendix C: Operator’s Cab Decal (3.5” x 5” glossy sticker)

Nominal Phase-to-Phase Voltage

Minimum Distance

750 to 150,000 3 metres (10 feet)

150,000 to 250,000 4.5 metres (15 feet)

over 250,000 6 metres (20 feet)

DANGER

Electrical Hazard

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Hot Work Permit System Citizen Focused Services Cluster B 2014


SP13 Hot Work Permit System Obtain Current version from Cluster B H&S Site page 1 of 6

Purpose

The purpose of this procedure is to outline the steps to be followed by city workers and contractors:

1. performing hot work:

a. in Class 1 locations, b. in confined spaces which may contain an explosive or flammable hazard. c. in or on equipment designated by the City of Toronto as being potentially

hazardous due to the possible presence of flammable gases, dusts or vapours. d. hazardous rooms.

2. performing welding, cutting, grinding, braising or soldering work outside of designated areas.

Hazards Fire

Explosion

Toxic combustion products

General Requirements 1. Areas that are known to potentially contain flammables, explosives, gases, vapours and/or

dusts shall be appropriately signed as hot work areas. 2. Hot work should not be conducted in the presence of explosive mixtures of flammable

gases, vapours, liquids or dusts or where they could develop inside improperly prepared tanks or equipment.

3. The supervisor in charge of the work shall assess the work for any special or unusual

requirements. 4. The supervisor in charge of the work shall, before starting any hot work, discuss the fire or

explosion hazards with the worker and plan a safe course of action to be followed, in compliance with this procedure, specific permit requirements and the established fire/evacuation plan at the work area.

5. The area in which hot work is to be performed shall be cordoned off 6. Visible hazard identification shall be provided at or near the hot work area to alert or warn

others of the hazard. Example : Caution Hot Work In Progress-- Stay Clear 7) No hot work shall be performed in any designated location, empty tank or equipment until:

a) the designated area, confined space, tank, container drum, heavy equipment etc. has been cleaned of all flammable or combustible residues. This may require steam cleaning and watering down of the equipment.

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SAFETY PROCEDURE Hot Work Permit System

SP 132 Hot Work Permit System Obtain Current version from Cluster B H&S Site 2

b) the location is refuse free. c) a suitable fire extinguisher has been provided and the worker has been trained to

operate it. d) workers have taken all necessary precautions to prevent fire or explosions.

e) the atmosphere in which hot work is to be carried out is continuously monitored for the

presence of combustible gas, toxic gas and oxygen deficiency. f) workers have protected equipment that may be affected by the work with fire resistant

blankets or material. g) all painted surfaces, which may be welded or cut, is known to be non-toxic or the paint

has been removed. Otherwise appropriate respiratory equipment shall be worn. h) the supervisor in charge has checked that all essential action has been taken. i) the supervisor fills out, signs and issues a Hot Work Permit.

8) Ventilation of the work site, either through local or general exhaust ventilation, shall be adequate for the work performed.

9) If the LEL on the gas monitor exceeds 5%, all hot work shall immediately stop and the

source of the explosive gas shall be identified, eliminated and purged before work proceeds. 10) If the LEL on the gas monitor exceeds 5% and below 10%, the area shall be evacuated and

the source of the explosive gas shall be controlled from outside the area (eg. shutting off gas valves). If it is necessary to control the source of the explosive hazard, it shall be done, inside the high gas area by qualified personnel wearing all appropriate PPE and using non-sparking tools.

11) If the LEL on the gas monitor exceeds 25%, the area shall be evacuated and the source of

the explosive gas shall be controlled from outside the area. No one shall enter the high gas area

12) The worker shall keep the upper section of the permit until the work is completed, but not

beyond the end of the shift, and shall be returned to the supervisor in charge. 13) If the job has not been completed by the end of the shift, a new permit shall be issued in

accordance with this procedure. 14) Workers shall check to ensure that the work location is fire safe before the area is vacated. 15) Workers shall immediately report any fire occurrence, or discharge of a fire extinguisher, to

their supervisor.

16) The supervisor shall ensure that any fire extinguishers that may have been discharged are replaced without delay.

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Specific Requirements

Contracted Work 1) For contracted work within City of Toronto facilities, unless the contract specifically provides

otherwise, the facility management shall communicate the requirements of this procedure to all contractors who will thereafter comply with all requirements of this procedure.

2) At plant/site management’s discretion, for large projects or projects where the contractor is

the constructor, the responsibility for managing hot work may be assigned to the contractor. 3) Where the contractor is managing the hot work, the contractor shall develop and implement

its own hot work procedures, based on existing and foreseeable conditions that meets or exceeds the City’s hot work procedures. Contractor supervision and workers shall be competent and fully trained in the provisions of the procedures.

4) The City’s hot work permit tag shall be used in addition to the contractor’s tag. 5) Plant/site management shall audit the work to ensure that the requirements of the hot work

procedure are fully implemented. Cutting and Welding 1) Cutting and welding operations are to be restricted to authorized, properly trained

individuals. 2) If possible, hot work is to be performed in a properly designated shop area equipped with all

the necessary controls and adequate ventilation. 3) A properly rated fire extinguisher must be attached to all cutting and welding carts. 4) Move combustible materials at least 9 metres from the work site. If this is not possible,

protect combustibles with metal guards or by flameproof curtains or covers (not ordinary tarpaulins).

5) Cover floor and wall openings within the 9 metres of the work site to prevent hot sparks from

entering walls or falling beneath floors to a lower level. 6) Fire resistant curtains and/or tinted shields are to be used to contain sprayed molten

material and to prevent exposure by other workers to ultra-violet light. 7) Where conditions warrant, a person other than the operator shall perform fire watch duties

and stand watch at the work site for at least 1 hour after the hot work operations have ended and the area shall be monitored for an additional 3 hours.

Responsibilities

Workers shall: 1) work in accordance with legislative requirements, corporate policy and departmental safe

work procedures.

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2) attend all relevant Hot Work Permit training and apply the knowledge gained, in the

performance of their work.

3) acquire a Hot Work Permit for all hot work in designated locations, which shall be returned to

the supervisor on completion of the work.

4) wear all personal protective equipment required to safely perform their work.

5) immediately report any violations, hazards or deficiencies in equipment to their supervisor.

6) consult the supervisor in charge for instruction on Hot Work Permit conditions not covered

by this procedure.

7) assist supervisory staff in developing safe work procedures for specific tasks

8) follow established procedures in the event of an injury, accident or emergency.

Supervisors shall: 1) be familiar with the actual and potential hazards associated with equipment/processes within

the work area.

2) ensure that the requirements of the program and related elements of the Occupational

Health and Safety Act and regulations, and applicable industry standards are applied.

3) evaluate and document work operations, machinery and equipment to determine where the

Hot Work Permit procedure is required in consultation with joint health and safety

committees.

4) develop written site specific safe work procedures for individual tasks, particularly in unusual

or unique situations, in consultation with work crews, joint health and safety committees and

Human Resources health and safety staff.

5) ensure that all employees under their supervision are competent and qualified to do the

assigned work and are provided with instructions and training prior to commencing work.

6) ensure all records of training are retained indefinitely.

7) ensure all staff use or wear required safety equipment when performing hot work.

8) review with the worker, the potential fire/explosion hazards inherent in the work and plan a

safe course of action to be followed including the provision of emergency response.

9) fill out, sign and issue a Hot Work Permit as required or, if assigning the duty to issue Hot

Work Permits to someone else, ensure they have all necessary competencies and authority

to adequately manage the hot work.

10) retain used Hot Work Permit tags for a minimum of two years.

11) monitor staff to ensure procedures are followed, and, when violations occur, take

appropriate and progressive disciplinary action.

12) take every reasonable precaution to protect worker health and safety.

13) be familiar with all aspects of the departmental Hot Work Permit program.

Definitions Hot Work is any work which has the potential to be a source of ignition. This includes, but is not limited to, welding, cutting, grinding and the use of non-explosion proof equipment or tools. The use of lighting and communication equipment that is not intrinsically safe is also considered to be hot work.

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Hot Work Permit is an approved tag to be used when performing hot work in designated areas. (Hot Work permits can be purchased from the Print Shop at 90 Niagara St., 416 392-8940 Reference # 104314, Docket # 045243) Confined Space means a fully or partially enclosed space, (a) that is not both designed and constructed for continuous human occupancy; and

(b) in which atmospheric hazards may occur because of its construction, location or contents or because of work that is done in it.

Hazardous Room means a room containing a substance which, because of its chemical nature, the form in which the substance exists or its handling or processing may explode or become easily ignited creating a condition of imminent hazard to a person's health or safety. Class I Locations are defined by the Canadian Electrical Code as locations in which flammable gases or vapours may or do exist. The difference between Division 1 and Division 2 is the level of expectation that hazardous levels will be present. Designated Hot Work Locations are places identified by the City of Toronto Management as requiring Hot Work Permits. These include confined spaces, digester buildings with associated areas designated Class 1, Division 1 or 2, gas control buildings and flammable liquid or combustible storage areas. Designated Hot Work for Equipment If hot work is to be performed on or around equipment which has been contaminated with flamable or combustible solids, liquids, vapours or dust, an assessment shall be made as deemed neccesary for implementation of this Hot Work Procedure. This may apply to heavy equipment such as bulldozers, tractor trailers, trucks, earth movers and vessels containers, drums or pipes.

Legislative Requirements Occupational Health and Safety Act, RSO 1990 Regulation for Industrial Establishments, Reg. 851 Regulation for Construction Projects, Reg. 213/91 City of Toronto Policy and Guidelines on Confined Spaces Distribution – City Manager, Deputy City Manager, Cluster “B”, Division Heads, Directors, Managers, Supervisors, HR OH&S/DM Manager, HR OH&S Consultants, CUPE Local 79, CUPE Local 416, TPFFA Local 3888, Joint Health and Safety Committees

Related Safety Procedures SP 12 Lockout, Tag & Test

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Hot Work Permit (side one)

For open flame, hot or spark- producing work in/on designated locations or

equipment

This permit is issued subject to the observation of the rules on the reverse

side and Safe Working Procedure SWP022.04

HOT WORK PERMIT

The work on this permit is authorized by:

Signature ________________________

Work Order # ___________________ Date ___________________

1. A worker trained in the use of fire extinguishers is required.

2. Continuous forced air is

required. 3. Continuous air monitoring is

required.

Work Order # __________ Date ______________ Time Started _________ Time finished _________

Location and description of job: __________________________________________ Worker Signature ___________________________

800025794

Yes No

Yes No

Yes No

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Hot Work Permit (side two)

WARNING THE PERFORMANCE OF ANY HOT WORK

OUTSIDE OF THE AUTHORIZED LOCATION REQUIRES ANOTHER PERMIT.

Permit No. ______________

1. Before commencing work, the atmosphere of the immediate work area shall be tested for combustibility, oxygen content and toxicity and shall be continuously tested while work is in progress.

2. Before commencing work, a competent person shall test the

contents of tanks, piping systems, containers, etc. for combustible gases and vapours.

3. Should air tests indicate a hazardous or combustible gas is

present, no hot work shall commence until the atmosphere has been rendered safe.

4. For confined spaces, compliance with SAFE WORKING

PROCEDURE SWP001.01, in addition to the above requirements, shall be followed.

WELDING AND CUTTING

1. Remove combustible materials within nine meters, or cover with

fire resistant material. 2. Do not weld or cut over wooden floors unless they are covered

with fire resistant material. 3. When work is conducted in multi-level areas, lower levels shall

be secured and protected from fire hazards. 4. A person shall perform fire watch at the work site for at least 1

hour after the hot work operations have ended and the area shall be monitored for an additional 3 hours.

Permit # ________

Permit # ________

HOT WORK PERMIT FOR OPEN FLAME,

HOT OR SPARK- PRODUCING WORK IN/ON DESIGNATED LOCATIONS OR

EQUIPMENT

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Working With Wastewater Cluster B Health & Safety 2014


SP 07 Working With Wastewater Obtain Current version from Cluster B H&S Site page 1 of 7

Purpose

The purpose of this procedure is to provide information and guidelines for working with wastewater, wastewater sludges and wastewater contaminated environments.

Hazards

Working in a wastewater-contaminated environment creates a potential for exposure to chemical, biological and physical hazards. Potential Chemical Hazards Some chemical hazards that may be found in sewage/wastewater and in treatment facilities are:

Hydrogen Sulfide - (toxic gas)

Carbon Dioxide - (toxic gas)

Carbon Monoxide - (toxic gas)

Methane - (explosive and toxic gas)

Gasoline - (explosive and toxic gas)

Chlorine - (toxic gas)

Sulfur dioxide - (toxic gas)

Ammonia - (toxic gas)

Mercaptans - (toxic gases)

Nitrogen dioxides - (toxic gases)

Phosgene - (toxic gases)

Other Solvents - (explosive and toxic gases) Potential Biological Hazards and Common Symptoms Some bacteria/fungus that may be found in sewage/wastewater are:

E.coli 0157.H7 - (bloody diarrhea, abdominal cramps)

Salmonella - (gastroenteritis, typhoid)

Vibrio - (Asiatic cholera)

Campylobacter - (Bacterial enteritis)

Clostridium - (Tetanus, Gas gangrene)

Leptospira - (Weil’s disease)

Yersignia - (Acute gastroenteritis)

Histoplasmosis - (a fungus which affect the lungs, from bird droppings)

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SAFETY PROCEDURE Working With Wastewater

SP 07 Working With Wastewater Obtain Current version from Cluster B H&S Site 2

Some viruses that may be found in sewage/wastewater are:

Adenovirus - (conjunctivitis)

Hepatitis - (Hepatitis A)

Coxsackie A & B - (upper respiratory infection)

Poliovirus - (poliomyelitis) Some parasitic organisms that may be found in sewage/wastewater are:

Cryptosporidium - (cryptosporidiosis, diarrhea)

Protozoa - (Amoebic dysentery)

Hookworms - (Anemia)

Tapeworms - (stomach pain & weight loss)

Roundworms - (stomach pains & weight loss)

Baylisascaris - (which may seriously affect the central nervous system, from raccoon feces) Potential Physical Hazards Some physical hazards to which water and sewage/wastewater workers may be exposed to are:

Falling into trenches, manholes and dry wells etc.

Excessive noise from mechanical equipment, traffic and process flows

Exposure to UV radiation

Exposure to adverse weather conditions

Slips due to uneven and slippery surface

stress to muscles and tendons from heavy lifting, repetitive activities, or awkward positions

Cuts and lacerations from sharp objects in sewage/wastewater

Entanglement in moving machinery

Drowning

Trench collapse HIV (AIDS)

The Center for Disease Control has stated that there is no scientific evidence that HIV is spread in wastewater.

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Immunizations

Tetanus-Diphtheria (Td) All worker, including sewage/wastewater workers should be up to date on their Td immunization. For those who have completed the basic series of 3 immunizations, a booster should be given every 10 years. Currently the National Institute for Occupational Safety and Health (NIOSH) has made no official recommendations regarding vaccinations for sewage/wastewater workers. The following are some vaccines: Hepatitis A Routine hepatitis A immunoprophylaxis is not recommended due to lack of evidence of significant occupational risk for sewage/wastewater workers.

Hepatitis B Vaccine While blood and other bodily fluids (i.e., menstrual discharges, etc.) enter the sewage/wastewater system, hepatitis B virus is present in very dilute concentrations. No cases of hepatitis B have been linked to sewage/wastewater exposure in North America. Also since hepatitis B is not transmitted by the fecal-oral route, there is no known risk from municipal sewage/wastewater.

Though Hepatitis A and Hepatitis B vaccines are not required for sewage/wastewater workers, any City of Toronto worker wishing to receive them may do so with a medical prescription. TWINRIX, a combined vaccine for Hepatitis A and B, is covered under the

Employee Benefit Plan.

Poliomyelitis Routine immunization against poliomyelitis of adults living in Canada is not considered necessary.

Protective Measures

Evaluate Workplace 1. Test for appropriate atmospheric chemical hazards such as Hydrogen Sulfide,

Carbon Monoxide, Methane, other toxic gasses and oxygen deficiency.

Personal Protective Equipment

1. As a minimum all workers shall wear long sleeve shirts and pants in wastewater

plants, yards and pumping stations.

2. Wear filtering facepiece (dust/mist) respirators, rated N95 equivalent or better, in the

presence of wastewater aerosols, which have been fit tested for the individual

worker.

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3. Wear goggles in the presence of wastewater aerosols.

4. Wear provided protective work clothing.

5. Wear rain suits when required.

6. Wear green patch rubber boots and or rubber waders when required.

7. Avoid direct contact with wastewater; wear waterproof, abrasion resistant gloves.

8. Wear fall arrest equipment when required.

9. Use gas-monitoring equipment when required.

10. Wear self contained air breathing apparatus when required.

Personal Hygiene

1. Never touch face, mouth, eyes, ears or nose while working with wastewater or

sludge.

2. Wash hands with soap and water before eating, drinking, smoking or going to the

toilet.

3. Promptly clean all body parts that come in direct contact with wastewater and

sludges.

4. Do not smoke or chew gum while working in direct contact with wastewater.

5. Eat in areas away from contaminated equipment and materials.

6. Keep your fingernails short and do not bite them.

7. Change soiled clothing as soon as the job is completed.

8. Use separate lockers for street clothes and work clothes to minimize contamination.

9. Leave work clothes, gloves and boots at work to prevent possible disease

transmission.

10. Shower before going home.

First Aid

1. Ensure the availability of adequate first-aid equipment at work locations including

clean water, sterile wipes for cleaning wounds and waterproof adhesive dressings.

2. Promptly treat cuts and abrasions using appropriate first-aid measures.

3. Facilities shall be equipped with first aid stations, eye wash stations, liquid soap

dispensers, towels, hot & cold running water, and showers

4. Inspection/Sewer and Maintenance crew trucks or trailers shall be equipped with a

first aid kit, portable eye wash station, barrier cream dispenser, disposable towels,

liquid soap dispenser and potable water for washing or waterless soap.

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Work Practices 1. Follow all other applicable safe work procedures.

2. Do muscle-limbering stretched before lifting heavier loads.

3. Seek assistance or use appropriate lifting tools, for item that cannot be lifted with

confidence.

4. Take occasional stretch breaks when working in an awkward posture for prolonged

periods.

5. Use appropriate tools, not your hands when picking up abrasive or sharp materials;

gloves do not provide adequate protection for this purpose.

6. Clear work areas of potential trip hazards.

7. Where possible use remote control devices to minimize exposure to

sewage/wastewater.

8. Clean contaminated tools after use with a disinfecting solution.

9. Clean contaminated areas of work vehicles at the end of each shift.

10. If contaminated with wastewater while working in the field; showers are available at

the nearest City of Toronto, Toronto Water work facility (see Appendix “A”).

Responsibilities

Workers Shall: 1) Work in accordance with legislative requirements, corporate policy and

departmental safe work procedures

2) Use or wear all clothing and equipment required to safely perform their work

3) Report any violations, hazards or deficiencies in equipment to their immediate

supervisor without delay

4) Advise their supervisor of any change in their health that may affect their

performance on the job

5) Assist supervisory staff in developing safe work procedures for specific tasks

6) Follow established procedures in the event of an injury, accident or emergency

Supervisors and Managers shall:

1) Be familiar with the actual and potential hazards associated with working in sewers

and sewage/wastewater contaminated environments

2) Ensure that the requirements of this procedure and related elements of the

Occupational Health and Safety Act and regulations and applicable industry

standards are applied at all times

3) Monitor staff to ensure procedures are followed, and, when violations occur, take

appropriate action

4) Ensure that all staff is trained in the proper use and maintenance of required safety

equipment including respiratory equipment, gas monitors and fall arrest equipment.

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5) Ensure that all staff use or wear required safety equipment when performing

assigned tasks

6) Ensure that all equipment needed for working safely in sewers and wastewater

environments is available and maintained in good working condition

7) Provide workers with clean protective clothing as required

8) Provide workers with two lockers each – one for clean clothing and one for used

work clothes

9) Provide workers who may come in contact with wastewater two towels to be

replaced as needed

10) Provide washing facilities with hot and cold running water including showers at each

facility

11) Provide workers with liquid soap for washing


Occupational Health and Safety Act, RSO 1990 Regulation for Industrial Establishments, Reg. 851 Regulation for Construction Projects, Reg. 213/91

Distribution –City Manager, Deputy City Manager, Cluster “B”, Division Heads, Directors, Managers, Supervisors, HR OH&S/DM Manager, HR OH&S Consultants, CUPE Local 79, CUPE Local 416, TPFFA Local 3888, Joint Health and Safety Committees.

Related Safety Procedures

SP 08 Working with Wastewater for Contractors

SP 06 Sharps (Needles and Syringes)

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Appendix “A”

Toronto Water Work Facilities with Showers 51 Beechgrove Drive Highland Creek Treatment Plant, Scarborough 545 Commissioner St. Central Services - Water Supply 201 Copperfield Rd. Frank J. Horgan Plant 30 Dee Ave. Toronto Water Laboratory /Environmental Monitoring &

Protection 60 Tiffield Rd. Operations and Maintenance Yard 1026 Finch Ave. W. Operations and Maintenance Yard 435 Kipling Ave. Central Services Complex Systems 446 Lakeshore Ave. Centre Island Plant 9 Leslie St. Ashbridges Bay Treatment Plant 30 Northline Rd Operations and Maintenance Yard 2701 Queen St. E. R.C. Harris Plant 130 The Queensway Humber Treatment Plant 45 Twenty Third St. R.L. Clark Plant 21 Redway Rd. North Toronto Treatment Plant 150 Disco Road, Bldg D Operations and Maintenance Yard

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Working With Wastewater for Construction Workers Cluster B Health & Safety 2014


SP 08 Working With Wastewater for Construction Workers Obtain Current version from Cluster B H&S Site page 1 of 4

Purpose The purpose of this procedure is to provide information and guidelines for construction workers who are likely to be exposed to wastewater, wastewater sludges and wastewater contaminated environments.

Hazards Working in a wastewater-contaminated environment creates a potential for exposure to

chemical, biological and physical hazards.

Potential Chemical Hazards Some chemical hazards that may be found in sewage/wastewater and in treatment facilities are:

Hydrogen Sulfide - (toxic gas)

Carbon Dioxide - (toxic gas)

Carbon Monoxide - (toxic gas)

Methane - (explosive and toxic gas)

Gasoline - (explosive and toxic gas)

Chlorine - (toxic gas)

Sulfur dioxide - (toxic gas)

Ammonia - (toxic gas)

Mercaptans - (toxic gases)

Nitrogen dioxides - (toxic gases)

Phosgene - (toxic gases)

Other Solvents - (explosive and toxic gases)

Potential Biological Hazards and Common Symptoms Some bacteria/fungus that may be found in sewage/wastewater are:

E.coli 0157.H7 - (bloody diarrhea, abdominal cramps)

Salmonella - (gastroenteritis, typhoid)

Vibrio - (Asiatic cholera)

Campylobacter - (Bacterial enteritis)

Clostridium - (Tetanus, Gas gangrene)

Leptospira - (Weil’s disease) Yersignia - (Acute gastroenteritis

Histoplasmosis - (a fungus which affect the lungs, from bird droppings

Hypersensitivity - (an allergic type of lung disease related to inhaling protein material Pneumonitis particularly in pigeon droppings) Some viruses that may be found in sewage/wastewater are:

Adenovirus - (conjunctivitis)

Hepatitis - (Hepatitis A)

Coxsackie A & B - (upper respiratory infection) Poliovirus - (poliomyelitis)

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SAFETY PROCEDURE Working With Wastewater for Construction Workers

SP 08 Working With Wastewater for Construction Workers Obtain Current version from Cluster B H&S Site 2

Some parasitic organisms that may be found in sewage/wastewater are:

Cryptosporidium - (cryptosporidiosis, diarrhea)

Protozoa - (Amoebic dysentery)

Hookworms - (Anemia)

Tapeworms - (stomach pain & weight loss)

Roundworms - (stomach pains & weight loss)

Baylisascaris - ( which may seriously affect the central nervous system, from raccoon feces)

Potential Physical Hazards Some physical hazards to which water and sewage/wastewater workers may be exposed to are:

Excessive noise from mechanical equipment, traffic and process flows

Exposure to UV radiation

Excessive heat from mechanical equipment and process flows

Potential Safety Hazards Some safety hazards to which water and sewage/wastewater workers may be exposed to are:

Falling into trenches, manholes and dry wells etc.

Exposure to adverse weather conditions

Slips due to uneven and slippery surface

Cuts and lacerations from sharp objects in sewage/wastewater

Entanglement in moving machinery

Drowning

Trench collapse HIV (AIDS) The Center for Disease Control has stated that there is no scientific evidence that HIV is spread

in wastewater.

Immunizations Currently the National Institute for Occupational Safety and Health (NIOSH) has made no official recommendations regarding vaccinations for sewage/wastewater workers. The following are some vaccines available:

Tetanus-Diphtheria (Td) Sewage/wastewater workers should be up to date on their Td immunization. For those who

have completed the basic series of 3 immunizations, a booster should be given every 10 years.

Hepatitis A Routine hepatitis A immunoprophylaxis is not recommended due to lack of evidence of

significant occupational risk for sewage/wastewater workers.

Hepatitis B Vaccine While blood and other bodily fluids (i.e., menstrual discharges, etc.) enter the sewage/wastewater system, hepatitis B virus is present in very dilute concentrations. No cases of hepatitis B have been linked to sewage/wastewater exposure in the North America. Also, since hepatitis B is not transmitted by the fecal-oral route, there is no known risk from municipal sewage/wastewater.

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Poliomyelitis Routine immunization against poliomyelitis of adults living in Canada is not considered

necessary.

Protective Measures

EVALUATE WORKPLACE 1. Before work begins, the contractor in charge, in consultation with the facility manager or

competent designate, shall evaluate the work area to determine if construction workers may

be exposed to wastewater or wastewater sludge. 2. Before work begins, the contractor in charge, in consultation with the facility manager or

competent designate, shall evaluate the work area to determine if construction workers may be exposed to hazards associated with confined spaces, hazardous locations and hot work areas within the proposed work area, and also those outside the work area that may pose a hazard.

HAZARD CONTROLS 1. Contractors shall comply with all controls identified in the industrial hygienist’s report

including the use of personal protective equipment. 2. If respiratory protection is required by the report, workers shall be trained in the use of the

respirators identified and shall be fit tested before work begins. 3. All required personal protective equipment shall be inspected before each use and properly

maintained and stored. 4. If the work area is identified as a confined space, test the space for appropriate atmospheric

chemical hazards such as Hydrogen Sulfide, Carbon Monoxide, Methane, other toxic gasses, and for oxygen deficiency. Follow confined space entry procedures and other procedures that may apply.

PERSONAL HYGIENE Never touch face, mouth, eyes, ears or nose while working with wastewater or sludge. 1. Wash hands with soap and water before eating, drinking, smoking or going to the toilet. 2. Promptly clean all body parts that come in direct contact with wastewater and sludges. 3. Do not smoke or chew gum while working in direct contact with wastewater. 4. Eat in areas away from contaminated equipment and materials. 5. Keep your fingernails short and do not bite them. 6. Change soiled clothing as soon as the job is completed. 7. Keep street clothes and work clothes separate to minimize contamination.

FIRST AID 1. Ensure the availability of adequate first-aid equipment at work locations including clean

water, sterile wipes for cleaning wounds and waterproof adhesive dressings. 2. Promptly treat cuts and abrasions using appropriate first-aid measures.

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WORK PRACTICES 1. Follow all other applicable safe work procedures. 2. Use appropriate tools, not your hands when picking up abrasive or sharp materials; gloves

do not provide adequate protection for this purpose. 3. Clear work areas of potential trip hazards. 4. Where possible use remote control devices to minimize exposure to sewage/wastewater. 5. Clean contaminated tools after use with a disinfecting solution. 6. If contaminated with wastewater while working in the field, shower as soon as possible.

Legislative Requirements Occupational Health and Safety Act, RSO 1990 Regulation for Industrial Establishments, Reg. 851 Regulation for Construction Projects, Reg. 213/91


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