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Purchasing and Materials Management Division Request for Quotation #: 7002-17-7230 Issued: December 15, 2017 Buyer: Vathsala Mariyanayagam Telephone No.: 416-392-7172 Fax: 416-392-1262 Email: [email protected] Client Division: Solid Waste Management Services REQUEST FOR QUOTATION COVER PAGE Quotations in response to this RFQ must be completed, properly executed by the Bidder and received at the Purchasing and Materials Management Division, 18th Floor, West Tower, City Hall, 100 Queen Street West, Toronto, Ontario, Canada M5H 2N2 by 12 O’CLOCK NOON (LOCAL TIME) ON THE SPECIFIED CLOSING DATE or your Quotation will be declared non-compliant. Questions Deadline: January 5, 2018 Closing Date: January 11, 2018 Late submissions will not be considered. Delays caused by any delivery service (including Canada Post and courier services) shall not be grounds for any extension of the submission deadline. Quotations will not be accepted by fax or email. DESCRIPTION QUOTATIONS ARE REQUESTED FOR: the non-exclusive supply of all labour, materials, staff, safety gear and equipment necessary to provide Integrated Pest Management Services to various City of Toronto Divisions and TTC PUBLIC OPENING – You are invited to attend a public opening of the Quotations at the time and location indicated above. Unless otherwise indicated the prices will be read aloud at this time. Acceptance of any Quotation is subject to further review by the City of Toronto. For any questions, contact the above named Buyer in writing. IMPORTANT NOTICE - Fair Wage Schedule(s) Update At its May 29, 2017 meeting, City Council adopted recommendations to update City of Toronto Fair Wage Schedules. Notice is given to contractors and other service providers that the fair wage schedules shall be in effect as of August 1, 2017. For more information about the fair wage schedules, please access the following web site at: http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=aa18ccc6a943b510VgnVCM10000071d60f89RCRD Any questions about the Fair Wage By-law should be directed to the Fair Wage Office at (416) 392-7300 or at [email protected] The undersigned, the Bidder, agrees with the City of Toronto, the party inviting the Quotation referred to above (hereinafter referred to as “the City” unless otherwise indicated) that: (a) the Bidder will furnish to the City, in conformity with all of the terms and conditions, specifications, plans, price schedules, samples, instructions, addenda or other details provided in connection therewith or referred to herein, the goods, material, articles, equipment, work or services, specified or called for in this RFQ, at the prices quoted herein, on receipt of an official purchase order therefore; (b) the Bidder warrants that any goods, material, articles or equipment to be supplied under or pursuant to any official purchase order based on this Quotation, that is or are to be made or used for a particular purpose, will be fit and suitable for that purpose; and (c) By submitting a Quotation in response to this RFQ, the Bidder certifies that: i) The prices in the Quotation have been arrived at independently of those of any other Bidder; ii) The prices in the Quotation have not been knowingly disclosed by the Bidder, and will not knowingly be disclosed by the Bidder prior to the award, directly or indirectly, to any other Bidder or competitor; and iii) No attempt has been made, or will be made to induce any other person to submit or not to submit a Quotation, for the purpose of restricting competition. Name of Bidder: Address of Bidder: Telephone: Fax Number: Email: Signature of Authorized Signing Officer: (must be signed in ink) I have the authority to bind the Bidder Print Name: Date: Title: Site meeting to be held: I/WE ACKNOWLEDGE THE RECEIPT OF ADDENDUM TO DATED TO . TOTAL BASE BID PRICE (transcribed from Appendix C -Price Form) 1 of 102 VIEWING COPY

Request for Quotation #: 7002-17-7230 Issued: December 15 ... · Buyer: Vathsala Mariyanayagam Telephone No.: 416-392-7172 Fax: 416-392-1262 Email: [email protected]

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Purchasing and Materials Management Division

Request for Quotation #: 7002-17-7230 Issued: December 15, 2017 Buyer: Vathsala Mariyanayagam Telephone No.: 416-392-7172 Fax: 416-392-1262 Email: [email protected] Client Division: Solid Waste Management Services

REQUEST FOR QUOTATION COVER PAGE

Quotations in response to this RFQ must be completed, properly executed by the Bidder and received at the Purchasing and Materials Management Division, 18th Floor, West Tower, City Hall, 100 Queen Street West, Toronto, Ontario, Canada M5H 2N2 by 12 O’CLOCK NOON (LOCAL TIME) ON THE SPECIFIED CLOSING DATE or your Quotation will be declared non-compliant.

Questions Deadline: January 5, 2018 Closing Date: January 11, 2018

Late submissions will not be considered. Delays caused by any delivery service (including Canada Post and courier services) shall not be grounds for any extension of the submission deadline. Quotations will not be accepted by fax or email.

DESCRIPTION

QUOTATIONS ARE REQUESTED FOR: the non-exclusive supply of all labour, materials, staff, safety gear and equipment necessary to provide Integrated Pest Management Services to various City of Toronto Divisions and TTC

PUBLIC OPENING – You are invited to attend a public opening of the Quotations at the time and location indicated above. Unless otherwise indicated the prices will be read aloud at this time. Acceptance of any Quotation is subject to further review by the City of Toronto. For any questions, contact the above named Buyer in writing.

IMPORTANT NOTICE - Fair Wage Schedule(s) Update At its May 29, 2017 meeting, City Council adopted recommendations to update City of Toronto Fair Wage Schedules. Notice is given to contractors and other service providers that the fair wage schedules shall be in effect as of August 1, 2017. For more information about the fair wage schedules, please access the following web site at: http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=aa18ccc6a943b510VgnVCM10000071d60f89RCRD Any questions about the Fair Wage By-law should be directed to the Fair Wage Office at (416) 392-7300 or at [email protected]

The undersigned, the Bidder, agrees with the City of Toronto, the party inviting the Quotation referred to above (hereinafter referred to as “the City” unless otherwise indicated) that: (a) the Bidder will furnish to the City, in conformity with all of the terms

and conditions, specifications, plans, price schedules, samples, instructions, addenda or other details provided in connection therewith or referred to herein, the goods, material, articles, equipment, work or services, specified or called for in this RFQ, at the prices quoted herein, on receipt of an official purchase order therefore;

(b) the Bidder warrants that any goods, material, articles or equipment to be supplied under or pursuant to any official purchase order based on this Quotation, that is or are to be made or used for a particular purpose, will be fit and suitable for that purpose; and

(c) By submitting a Quotation in response to this RFQ, the Bidder certifies that:

i) The prices in the Quotation have been arrived at independently of those of any other Bidder;

ii) The prices in the Quotation have not been knowingly disclosed by the Bidder, and will not knowingly be disclosed by the Bidder prior to the award, directly or indirectly, to any other Bidder or competitor; and

iii) No attempt has been made, or will be made to induce any other person to submit or not to submit a Quotation, for the purpose of restricting competition.

Name of Bidder: Address of Bidder:

Telephone: Fax Number: Email:

Signature of Authorized Signing Officer: (must be signed in ink) I have the authority to bind the Bidder Print Name: Date:

Title:

Site meeting to be held:

I/WE ACKNOWLEDGE THE RECEIPT OF ADDENDUM TO DATED TO .

TOTAL BASE BID PRICE (transcribed from Appendix C -Price Form)

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For convenience, you may affix the return label found below to the envelope containing your submission. If you do not use the provided return label, the front of your envelope must indicate ALL of the information shown on the return label below. Purchasing and Materials Management cannot be held responsible for documents submitted in envelopes that are not labelled in accordance with the above instructions.

Return Label

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Firm Name: Request for Quotation No. 7002-17-7230 Closing Deadline: 12:00 O’Clock Noon, January 11, 2018

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

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Table of Contents RFQ 7002-17-7230

COVER PAGE.............................................................................................................................................. 1 Table of Contents .......................................................................................................................................... 3 1.0  RFQ Summary ............................................................................................................................... 4 2.0  Terminology .................................................................................................................................. 4 3.0  Scope of Work and Associated Deliverables ............................................................................... 10 4.0  Term of Contract ......................................................................................................................... 10 5.0  Site Meeting ................................................................................................................................. 11 6.0  Quotation Response Requirements .............................................................................................. 12 7.0  Evaluation of Bids ....................................................................................................................... 16 8.0  Offers to Agencies and Corporations (Piggyback Option) .......................................................... 16 9.0  Specifications .............................................................................................................................. 17 10.0  Material Safety Data Sheets (MSDS) .......................................................................................... 35 11.0  Delivery ....................................................................................................................................... 36 12.0  Return of Products – Not Applicable .......................................................................................... 38 13.0  Warranty ...................................................................................................................................... 38 14.0  Insurance (Refer to Appendix B – General Contract Terms and Conditions) ............................. 38 15.0  Performance Security – Not Applicable ...................................................................................... 39 16.0  Occupational Health and Safety .................................................................................................. 39 17.0  The City of Toronto Social Procurement Program (Not applicable) ........................................... 39  APPENDIX “A” - REQUEST FOR QUOTATIONS PROCESS TERMS AND CONDITIONS APPENDIX “B” - GENERAL CONTRACT TERMS AND CONDITIONS APPENDIX “C” - PRICE FORM APPENDIX “D” - SUPPLEMENTARY FORMS APPENDIX “E” - CITY POLICY COMPLIANCE FORMS APPENDIX “E1” - APPLICABLE CITY POLICIES APPENDIX “E2” - FAIR WAGE SCHEDULE APPENDIX "F"- SSHA'S ADDITIONAL REQUIRMENTS APPENDIX "G" – TORONTO TRANSIT COMMISSION NOTICE OF “NO BID”

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1.0 RFQ Summary .1 Quotations are invited for the non-exclusive supply and delivery of Integrated Pest Management

Services to various City of Toronto Divisions and Toronto Transit Commission within the City of Toronto, as and when required, for the period starting from the date of award to December 31, 2018 with the option to renew for four (4) additional separate one (1) years periods, all in accordance with the provisions and specifications contained in this Request for Quotation (RFQ) and the City of Toronto's Procurement Policies, the attached Appendix "C" – Price Form, and the City of Toronto Fair Wage Policy and Labour Trades Contractual Obligations in the Construction Industry.

2.0 Terminology .2 Definitions .2.1 In this request for quotation, unless inconsistent with the subject matter or context:

“Addendum” or “Addenda” means any document or documents issued by the City prior to the Closing Deadline that changes the terms of the RFQ or contains additional information related to the RFQ; "Affiliated Person" means everyone related to the Bidder 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.

“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 RFQ is available from the following page on the City's website www.toronto.ca/abcc “Award” means the formal acceptance of a bid that results in a contract;

"Bid" means a Bidder's response to the RFQ, which includes all of the documentation necessary to satisfy the requirements of the RFQ, has the same meaning as "Quotation" and is used interchangeably;

“Bidder” means any legal entity that submits a Quotation in response to the RFQ;

"Bird Pests" means birds including but not limited to Pigeons;

“Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day which the City has elected to be closed for business;

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“Buyer” or "Senior Buyer" means the main contact person at the City for all matters related to the RFQ process, as set out on the RFQ Cover Page; "City of Toronto" (City) means the City of Toronto including all Agencies and Corporations of the City;

“City Confidential Information” means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of the Vendor in connection with the Contract. For greater certainty, the City Confidential Information shall:

a) include: (i) all new information derived at any time from any such information whether

created by the City , the Vendor or any third-party; (ii) all information (including Personal Information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation or otherwise at law; but

b) not include information that: (i) is or becomes generally available to the public without fault or breach on the part of the Vendor of any duty of confidentiality owed by the Vendor to the City or to any third-party; (ii) the Vendor can demonstrate to have been rightfully obtained by the Vendor, without any obligation of confidence, from a third-party who had the right to transfer or disclose it to the Vendor free of any obligation of confidence; (iii) the Vendor can demonstrate to have been rightfully known to or in the possession of the Vendor at the time of disclosure, free of any obligation of confidence when disclosed; or (iv) is independently developed by the Vendor; but the exclusions in this subparagraph shall in no way limit the meaning of Personal Information or the obligations attaching thereto under the Contract or other Requirements of Law.

"Chief Purchasing Official (CPO)" means the person designated to undertake the responsibilities of the chief purchasing official of the City.

“Closing Deadline” means the date and time specified on the RFQ Cover Page or any Addenda issued by the City, as the date and time by which Bidders must submit their Quotation;

"Conflict of Interest or Unfair Advantage" means:

A. In relation to the RFQ process, a Bidder hat has, or is seen to have, an unfair advantage or

engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to: (1) Having, or having access to, confidential information of the City in the preparation of its

bid that is not available to other Bidders, or (2) 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

(3) 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 in the City contract, the Bidder’s other commitments, relationships or financial interests: (1) Could, or could be seen to, exercise an improper influence over the objective, unbiased and

impartial exercise of its independent judgement, or a) Could, or could be seen to, compromise, impair or be incompatible with the effective

performance of its contractual obligations.

“Contract” means the binding agreement that is formed upon Award as confirmed by the issuance of a purchase order, blanket contract or the execution of any written agreement by the City.

“Council” means City Council; “Deliverables” means everything provided to the City in the course of performing the Contract or agreed to be provided to the City under the Contract by the Vendor

"Diverse Supplier" means any business or enterprise that is certified by a Supplier Certification Organization to be:  More than 51% (majority) owned, managed and controlled by persons belonging

to an equity-seeking community, or 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 full-time equivalent employees or are participating in, or have completed, transitional employment training, experience economic disadvantage.

"Equity-seeking Community" means 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.

"Exterior Insect Pests" means, including but not limited to, centipedes, crickets, sow bugs, pill bugs, clover mites, millipedes, earwigs, and wasps, hornets or bees;

"HST", means Harmonized Sales Tax; “including” means “including without limitation” and ”includes” means “includes without limitation”; the use of the word “including” or “includes” is not intended to limit any statement that immediately precedes it to the items immediately following it.

"Infestation” means the presence of one or more Pests; "Interior Insect Pests" means, including but not limited to, cockroaches, silverfish, non-wood boring ants, fleas, ticks, mites, flies, book lice, sow bugs, bedbugs and firebrats;

"Mammal Pests" means, including but not limited to, raccoons, skunks, groundhogs and other non-domesticated animals;

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“may” and “should” used in this RFQ denote permissive (not mandatory);

"MOECC" means the Ontario Ministry of the Environment and Climate Change;

“must”, “shall” or “will” used in this RFQ denote imperative (mandatory), meaning Quotations not satisfying imperative (mandatory) requirements will be deemed to be non-compliant and will not be considered for Award of Contract.

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

"Non-Compliant" means that the Quotation has failed one (1) or more mandatory requirement(s) and will not be considered for Award;

“Pests” means Interior Insects, Exterior Insects, Rodents, Mammals, Birds, Pest Vegetation that are infesting the interior and exterior of facilities, presenting an infection control risk or are deemed by the City to be a structural safety risk, public safety risk, or nuisance; "Public Body" means any government or government agency, municipality or local board, commission or non-profit corporation carrying out a public function, and includes any corporation of which the City is a shareholder. "Quotation" means a Bidder's response to the RFQ, which includes all of the documentation necessary to satisfy the requirements of the RFQ, has the same meaning as "Bid" and is used interchangeably; “Requirements of Law” mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, City by-laws, rules, regulations, policies, official plans, permits, licences, authorisations, directions, and agreements with all authorities that now or at any time hereafter may be applicable to either the Contract or the Deliverables or any part of them; "RFQ" means this Request for Quotation inclusive of all Appendices, Schedules and any Addenda that may be issued by the City; "Rodent Pests" means, including but not limited to, rats, mice, voles, squirrels and bats; “Routine Service Call” means the regularly scheduled weekly service or monthly service when a location is inspected and required treatment(s) are applied;

“Services” means all services to be provided by the Successful Bidder as described in this RFQ; “Service Technician” means a technician or engineer providing Services to the City pursuant to the Contract;

"Successful Bidder" means the Bidder, which has been awarded the Contract by the City for the Services to be provided under this RFQ in accordance with its provisions;

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"Supplier Certification Organization" means a non-profit organization recognized by the City of Toronto that certifies businesses and enterprises as Diverse Suppliers by assessing them using established, consistent criteria. Recognized Supplier Certification Organizations include:

Canadian Aboriginal and Minority Supplier Council Canadian Gay and Lesbian Chamber of Commerce Social Purchasing Project Women Business Enterprise Canada

Canadian Council for Aboriginal Business "Supplier Code of Conduct" means business ethical standards contained in Article 13 Chapter 195,

Purchasing, of the Toronto Municipal Code;

“Term” means the period of time from the effective date of the Award as evidenced by a City purchase order, until the completion date of the Contract including any renewal options exercised by the City as detailed in Section 4.0.

“Vendor” means the successful Bidder that has been awarded the Contract. “Work” means all labour, materials, equipment and services required and implied as shown and

described in the contract documents, supplied and installed or erected, complete at the designated place, in compliance with laws and regulations of the locality

"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.

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.3 References to Labeled Provisions

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

.4 General Interpretation In this RFQ, unless the context otherwise necessitates:

.4.1 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;

.4.2 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;

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

dollars; .4.4 all references to time shall be deemed to be references to current time in the City; .4.5 a word importing only the masculine, feminine or neuter 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;

.4.6 any words and abbreviations which have well-known professional, technical or trade meanings, are

used in accordance with such recognized meanings; .4.7 all accounting terms have the meaning recognized by or ascribed to those terms by the Chartered

Professional Accountants Canada (CPA Canada); and

.4.8 all index and reference numbers in the RFQ or any related City document are given for the convenience of Bidders 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.

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.5 RFQ Process Terms and Conditions This RFQ process is governed by the terms and conditions in Appendix “A”.

3.0 Scope of Work and Associated Deliverables 3.1 The scope of this RFQ includes but not limited to the supply and delivery of all labour, materials,

consumables, supplies, tools, equipment, apparatus, transportation, services and incidentals necessary to provide Integrated Pest Management Services (IPM) to various City of Toronto Divisions and Agencies:

3.2 Integrated Pest Management

Integrated Pest Management is a decision-making process that is used to select the best combination of management strategies in order to reduce pest populations to acceptable levels that protect resources. With IPM, it is not the intent to completely eradicate pest populations but to achieve a balance between healthy site and facilities and the presence of natural pests. The IPM process involves:

a) planning and managing facilities and sites cleanliness and structural maintenance

repairs to prevent insects and other fauna from becoming pests. Clean and properly maintained facilities becomes the first line of defence for pest control. Note: This section is the City's responsibility not the Bidders except where explicit requirements are noted below;

b) identifying potential pests; c) monitoring pest populations, pest damage and environmental conditions; d) using thresholds in making treatment decisions; e) reducing pests to acceptable levels using strategies that may include a

combination of physical, cultural, mechanical, behavioural, electrical, chemical, biological and pesticide controls. Note: Biological treatments are the second last option for Bidders to consider. Note: Pesticide treatments are last option for Bidders to consider; and

f) evaluating and documenting the effects and efficiency of treatments. 3.3 Please refer to Appendix "F for additional requirements for the SSHA 3.4 Please refer to Appendix "G for additional requirements for the Toronto Transit Commission 3.5 Monthly/Weekly Service or as Required: The Vendor shall provide a regularly scheduled service consisting of a treatment in the method specified to all areas as noted. 4.0 Term of Contract .6 Upon Award of this RFQ, the Vendor and the City will have a Contract for the Deliverables for a

period of one (1) year, with the option to renew the Contract for four (4) additional separate one (1) year periods, all in accordance with the terms, conditions, and specifications contained in this RFQ and any applicable City policy.

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.7 The decision to renew the Contract for any option term will be at the sole discretion of the City and

will be decided at least four (4) months in advance. All terms and conditions of the Contract shall remain in effect and continue during the optional year(s), with the exception of any price adjustment. The City may take into consideration the following into its decision to exercise any option year:

Available budget; The annual price adjustment; Vendor performance during the contract; and Operational needs

Included in the decision to accept any option year(s) of the Contract, is a price adjustment annually effective applied after the Contract's end date in accordance with the annual Consumer Price Index (CPI), (CPI Index-All Items-Toronto) for a 12 month period. CPI will be validated starting from four (4) months prior to the end of the current Contract conducted by the City for the Deliverables included herein, at the time the option is being considered. For the purposes of the evaluation and award, there will be a 3% CPI adjustment applied annually to the total annual cost. Throughout the Term, the annual CPI – All Items Toronto will be assessed four (4) months prior to the annual renewal date and adjusted at the time the option is being considered. All terms and conditions of the Contract shall remain the same and continue during the extended Term. In addition, the City will also review the Vendor's contract performance during the Term with regards to meeting timelines, and Deliverables.

5.0 Site Meeting .1 Optional Site meeting

Please note: The sites available for site inspections are most representative of most sites listed in the document. Interested Bidders are invited to attend an optional site meeting to familiarize themselves with the work and ascertain the full extent of the Deliverables required.

It shall be the Bidder's responsibility to visit and examine any and/or all of the facilities listed in Appendix "C" including but not limited to all buildings and their conditions, both internal and external for scope and extent of work. This should include, but not be limited to, the layout and equipment within facilities, determination of the state of any existing visible infestations, ascertaining the nature and extent of work involved, as well as all conditions that might affect the Bidder's pricing prior to submitting their Bid. Claims for additional costs for any reason will not be accepted.

5.1.1 Bidders submitting a Bid without attending the optional Site meeting -Facilities Inspections do so

at their own risk. 5.1.2 Attached as Schedule “C” is the facilities site inspection schedule for the City Division and TTC

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Interested Bidders shall be deemed to have visited the sites listed, examined the premises and to have satisfied themselves as to the usage and site conditions, scope and extent of work. Should Bidders wish to visit the site locations mentioned in Schedule "A", an optional site meeting will commence on the following dates: For Transportation Services Division:

December 19, 2017 December 28, 2017 January 3, 2018

For SWMS Division:

December 18, 2017 December 19, 2017 December 20, 2017

For Transportation Services Division locations listed in Schedule A, Transportation Services staff will be available to meet with prospective bidders between 7:00 a.m. to 3:00 p.m. on the dates specified. For Solid Waste Management Services Division locations listed in Appendix "C", Solid Waste Management staff will be available between 7:00 a.m. to 5:00 p.m.

5.1.3 Bidders are responsible for arranging their own transportation to travel between sites. In order to be permitted to attend the optional site meeting, any interested Bidder should confirm their attendance via email to Vathsala Mariyanayagam at [email protected].

5.1.4 Should Bidders have any questions regarding a site, they should be submitted in writing as per

section 2.0. Claims for additional costs for reason of oversight on the part of the Bidder will not be accepted

A record of questions and answers as deemed relevant from the site meeting will be distributed in the form of an Addendum and posted on the City's online call document system. The City reserves the right not to answer questions at the Site Meeting but will answer questions that arise at the site meeting as part of an Addendum.

6.0 Quotation Response Requirements

.8 General Response Requirements

.8.1 The following section lists the items that are to be included with your submission. Failure to include

mandatory items will result in your submission being found to be non-compliant and not considered further.

.8.2 Bidders must submit one (1) original (clearly marked and identified) and should submit four (4)

additional hard copy of their Quotation. In the event where there are deviations between the original and any copies, the original hard copy shall prevail.

.8.3 Quotation should include an electronic version of the Quotation editable in Microsoft Word 2003 or compatible and Excel 2003 or compatible files (unlocked and unprotected) and also with PDF

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files (unlocked and protected), on one (1) USB storage keys, CD-Rs or similar media marked or labelled with the Bidder's name. In the event where there are deviations between the original and any copies, the original hard copy shall prevail.

.9 Request for Quotation Cover Page

.9.1 If providing a Quotation on behalf of a corporation, the RFQ cover page must be signed by an

authorized signing officer who has the authority to bind the corporation. If the Bidder is not a corporation, the cover page must be signed by an authorized signing officer, having the authority to legally bind the Bidder to the extent permissible by the Requirements of Law. Bidders must also indicate the receipt of all Addenda as indicated on the RFQ cover page.

.10 Price Form – Appendix “C” .10.1 In order for your Bid to be considered, pricing must be submitted on all items listed in Part 1, Part

2, Part 3 and Part 4 in Appendix "C' – Price Form. Quotations that do not include pricing on all items in Part 1, 2 ,3 and 4 listed in Appendix "C" – Price Form will be declared non-compliant and not considered further.

.10.2 Prices stated will be in Canadian dollars and must remain firm during the period of the contract.

.10.3 Bidders must provide all information required in Appendix "C"- Price Form. Bidders that do not fully complete these forms (such as leaving lines blank), or have unclear answers (such as "N/A, "-", or "TBA" 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"

.10.4 Early Payment Discount Discount terms for early payment cannot be earlier than 15 days from the receipt date of the invoice by the City of Toronto, Corporate Accounts Payable unit.

.10.4.1 If early payment terms are being offered, this must be indicated on Appendix C - Price Form. The Total Base Bid Price will be calculated taking the total base bid price less the discount offered, and will be applied against both the initial Term, and any subsequent renewal Term option(s) (if applicable) in order to determine the evaluated bid price for the purposes of the award.

.10.5 Optional Pricing Where optional pricing is requested, the Bidder is required to provide pricing on all items as specified in the optional pricing table within Appendix C – Price Form. Pricing on these items is a mandatory requirement. Optional pricing is not calculated into the Total Base Bid Price, unless notified otherwise. Optional pricing is required for informational purposes and will be used for administering the Contract.

.10.6 All prices, rates, and/or costs submitted by Bidders with respect to this Request for Quotation, must include any and all expenses that may be anticipated and incurred by the Vendor while providing the Products F.O.B. destination as specified in this RFQ. No additional costs will be considered.

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.10.7 All prices, rates, and/or costs submitted by Bidders with respect to unit prices, labour hours and estimated labour hours prior to the start of the work in relation to this Request for Quotation, must include any and all expenses that may be anticipated and incurred by the Vendor while providing the Services as specified in this RFQ. No additional costs will be considered.

.10.8 Bidders must provide a quote for Deliverables that meet or exceed the minimum specifications and requirements detailed in Section 9.0.

.10.9 For firms that manufacture and/or market products identified within the Ontario Municipal Hazardous Waste or Special Waste (MHSW), all fees payable to Stewardship Ontario are to be included in the unit prices.

.10.10 Bidders must provide ALL prices requested in the Price Form(s). Prices that are intended to be zero cost/no charge to the City must be submitted in the space provided in Price Form(s) as "$0.00", "0" or "zero". BIDDERS THAT DO NOT FULLY COMPLETE THESE FORMS (SUCH AS LEAVING LINES BLANK), OR HAVE UNCLEAR ANSWERS (SUCH AS "N/A", "-", OR "TBD", DASHES OR HYPHENS) WILL BE DECLARED NON-COMPLIANT.

.10.11 The City will include a contingency allowance each year to the Contract to reflect additional location requirements or any unforeseen circumstances, infestations or problems that arise outside of the services covered in Schedule “A”. The hourly rate(s) established in Part “B” and/or the percentage above trade cost for miscellaneous materials established in Part “C” of Schedule "A"- Price Form will be applied for pricing for any payments from the contingency allowance. Payments from the contingency allowance will not be permitted without prior written approval of the City. In the event that the City does not approve the pricing for additional locations or unforeseen requirements, the City reserves the right to obtain those product(s) and/or services(s) from other sources

.10.12 Refer to the definitions section in Appendix "C" price forms for information and requirements regarding the markup for miscellaneous materials and the contingency allowance. The Bidder is to transcribe the Grand Total Base bid price from the Appendix C - Price Form into RFQ Cover Page 1 – Total Base Bid Price. In the event of any discrepancy between the information provided in RFQ Cover Page 1 – Total Base Bid Price and the amount set out in the Price Form, the Price Form shall govern.

.11 Volume Rebate – Price Form - Appendix "C" – Not Applicable

.12 Bid Security – Not Applicable

.13 City Policies Submission Form(s) – Appendix "E"

.14 The policy submission form contains statements from different city of toronto policies. The complete text of these policies can also be found on the city’s website at http://www.toronto.ca/purchasing/policies. Where applicable, the bidder shall answer the questions posed and include the submission form with the completed request for quotation, failure to do so will result in the bidder being declared non-compliant.

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.15 Literature .15.1 Bidders, where applicable, should submit complete literature on all products being included in their

quotation including, but not limited to, standard manufacturer’s warranty, model numbers, part numbers and other relevant documentation as part of their Quotation.

.16 Bidder Qualifications .16.1 Bidder shall ensure that only licensed Exterminator(s), under Ontario Regulation 63/09 with noted

Type and, Class of Exterminator licence that match what is specified in this RFQ or as per written directions from City of Toronto where Integrated Pest Management Services have been requested, shall be allowed to Bid or work on the premises herein stated.

.16.2 Bidders must have at least five (5) years' experience or more related to the provision of Integrated

Pest Management Services in municipal setting. Please refer to Section 6.9 References. .16.3 The Bidder is to be fully insured to provide Integrated Pest Management Services including but not

limited to the use of pesticides and shall be responsible for any damage or claims arising out of misuse or carelessness by the Bidder, their staff and any assigned subcontractors.

.17 Bidder References .17.1 Bidders must submit a minimum of three (3) references from companies, for whom the Bidder has

satisfactorily supplied, installed, delivered and provided pest control services in the past five (5) years which may be provided in the form provided for this purpose in Appendix "D".

.17.2 Should the reference information requested not be included with the Quotation submission, Bidders must provide it within two (2) Days of a written request from the City or the Quotation will be declared non-compliant.

.17.3 The City may contact the references provided. Should any reference fail to confirm that the services listed in Section 6.9.1 were performed in a satisfactory manner; the Quotation will be declared Non-Compliant. Quotations with incomplete reference information may be declared non-compliant.

.18 Samples – Not Applicable .19 Usage Reports

The Vendor shall demonstrate the ability to provide an electronic Usage Report in columnar text format, in MS Excel 2007 or higher version, of invoice details by providing the following report criteria: Dollar value and usage information by:

a) Division, b) Contract Number and Contract Line item c) Item model number for all items listed in Appendix “C”– Price Form and any 'Other' items

purchased

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d) Location, e) Invoice Number, f) By quantity g) By item h) By delivery date i) Usage j) Cumulative Total by month or as requested by individual City Divisions

The Vendor shall be required to submit to the City of Toronto, “Usage Reports” on a monthly basis, or as requested, within 30 days after the end of each month based on the Appendix “C” – Price Form and the above report criteria. The Vendor shall also provide a cumulative report at the end of each contract term based on the aforementioned criteria.

7.0 Evaluation of Bids .20 Subject to the process terms contained in Appendix "A" and the City's procurement policies, it is the

intent of the City to award a Contract to one (1) Bidder based on the Bidder meeting specification and providing the lowest total base bid price cost as shown in Appendix “C” – Price Form inclusive of prompt payment .

.21 Upon award the City will confirm with the Vendor, the Deliverables, date(s) and any other

instructions related to the Deliverables being provided. .22 The provision of Deliverables shall not commence until a signed Contract for the Deliverables is

issued and a Contract Release Order (CRO) has been issued. .23 The intention is to award a Contract to the overall lowest Bidder whose Quotation meets the

requirements of this Request for Quotation based on the initial contract period.

8.0 Offers to Agencies and Corporations (Piggyback Option)

After award, the Vendor acknowledges that the City may inform its Agencies and Corporations of the Vendor's Contract with the City. If the Vendor wishes to provide the same Deliverables to the City's Agencies and Corporations, it shall use commercially reasonable efforts to negotiate for the purpose of entering into separate and distinct contracts with the City's Agencies and Corporations based on the same or comparable terms (including price and duration) as are set out in the City's Contract with the Vendor. The Vendor further acknowledges that the City shall not be liable for any separate contracts negotiated with the City's Agencies and Corporations by the Vendor.

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9.0 Specifications .1 SUCCESSFUL BIDDER'S GENERAL RESPONSIBILITIES .2 The Successful Bidder shall be responsible for all the General Terms and Conditions as set out in Schedule “B” which include but are not limited to:

General Requirements Workplace and Safety Designated Substances Protective Clothing, Equipment and Devices Housekeeping Signage Confined Space Public Way Protection Access/Egress Cleaning and Protection General Performance

.3 The Successful Bidder shall comply with the security regulations regarding keys and Contractor

badges when inside the City of Toronto Divisions and TTC facilities. .4 CREW REQUIREMENTS

The crew is to consist of a minimum of one (1) person structured in accordance with facility requirements for the control of pests. The Bidder is to designate a person as lead at each location / site. The lead will be responsible for all on site communications with the City of Toronto and TTC of IPM activities. The successful Bidder is to be compliant with all of the following procedures and practices when working in City of Toronto facilities:

a) The successful Bidder must adhere to the inspection and pest control activity location(s) and/or route(s) as determined by the facility's Manager/ Supervisor when entering and leaving a City of Toronto facility.

b) Any legislated safety equipment must be worn at all times by the Successful Bidder.

All work performed in or around a Toronto Facility is under the authority of the City of Toronto City Divisions and TTC facilities. If instructed to cease work due to health and safety or environmental concerns, the successful bidder must comply immediately. All Successful Bidder's consumables, equipment and materials, including any pesticides must not be stored on City premises and must be removed by Successful Bidder from City and TTC premises. Following the IPM activities, any debris must be removed from the facility by the Successful Bidder.

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.5 SCHEDULING

11.4.1 For all Divisions and Agency: 11.4.1.1 The Successful Bidder shall submit a detailed work schedule acceptable to the Contract

manager for each division and agency within five (5) business days of award. The schedule will include the day of the week or month, the time of day and the estimated duration of each Routine Service Call for each location. Failure to provide a satisfactory schedule within one (1) week after award date or request of schedule where City initiated scheduling changes are required, may result in the cancellation of call. Any changes to the schedule must be authorized in advance by the facility's Manager /Supervisor.

11.4.1.2 The Successful Bidder shall maintain a full time business office during normal City

business hours of 7 am to 5 pm Monday to Friday. The Successful Bidder must provide for twenty-four (24) hour services with immediate response (less than 2 hours) in the case of an emergency, and for all other services requests a next business day maximum response time.

a) The Successful Bidder must maintain this schedule throughout the entire awarded period.

Failure to maintain this schedule will result in cancellation of the purchase agreement. All treatments will be done during regular business hours Monday to Friday from 7am to 6pm unless otherwise indicated on the price schedule according to location, at a time acceptable to the building or property service supervisor.

b) The Successful Bidder will complete all treatments/services requiring more than one

days' work consecutively without delays or interruptions.

c) In cases where a treatment application outside of this scope of work is required, the Successful Bidder must obtain approval and give the centre supervisor one (1) weeks' notice.

11.4.1.3 The schedule will include a Routine Service Call, with sufficient time allowed for an

inspection and IPM treatment (if required) of the following areas (as applicable) at each location:

a) Kitchens b) Serveries c) Dining/Easting Areas d) Cafeterias e) Waste Holding Areas f) Receiving Areas g) Change Rooms h) Offices i) Sheds j) Any other areas with reported pest activity k) Building exterior bait stations l) Garages and yards m) Restrooms/Toilets Areas

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n) Hallways and Stairways o) Seating areas p) Lockers q) Compactor/Garbage Rooms r) Transfer Stations and Facilities

s) Landfill locations (including but not limited to the closed Keele Valley Landfill, closed Brock West Landfill, active Green Lane Landfill, at an extra cost to the City of Toronto as per price schedule for time and mileage)

t) bedrooms/sleeping areas

11.4.1.4 Unless otherwise noted, all work performed shall be scheduled during the City’s and TTC's regular scheduling working hours. Exceptions to this are as follows:

a) Unless mutually agreed upon by the Successful Bidder and the appropriate

representative.

b) When IPM requires pesticide application, such work performed for Yards, Centres, Buildings, Transfer Stations and Landfills, will begin in the evenings only after all staff have vacated the premises on during the week only, not on weekends after 6 pm or 60 minutes after official location closing time whichever is latest.

11.4.1.5 In cases where extensive (i.e. schedule not as noted above) treatment application is

required, the Successful Bidder must give the supervisor one (1) week notice before IPM treatment is applied.

11.4.1.6 Service Calls (Refer to Part "1"- Table A-Price Form)

a) 24 hour emergency calls shall be considered part of, and included in, this purchase order.

Service will be expected within (two) 2 hours of telephone notification, and at a time agreeable to Toronto Divisions and the TTC. No additional payment will be made for emergency service. The Successful Bidder shall record the name and phone number of anyone requesting emergency service. Bidders must state a contact name and phone number for emergency services. Failure to provide this information will result in the Bid being declared informal:

Emergency contact name: __________________________

Emergency contact phone number: ___________________

c) The Successful Bidder shall respond to emergency situations within two (2) hours

notice. d) In cases where needed treatment application will be seasonal.

11.4.1.7 The Successful Bidder shall notify the location's be building services supervisor or Contract manage upon their arrival and departure.

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11.4.1.8 All required signage and Pest Control Action Plan must be completed on site and signed by location's appropriate representative. Upon completion of any IPM treatment, the Successful Bidder must obtain a signature of completion from the location's appropriate representative.

11.4.1.9 Service (inspection and/or treatment) at each location must be scheduled at a time

agreeable to the location's be building services supervisor or Contract manage to avoid interruption of operations.

11.4.1.10 Upon commencement of IPM work, the Successful Bidder must complete the

work in full without delays or interruptions. Delays of one (1) day or more between work periods are not acceptable. Work missed by the Successful Bidder must be re-scheduled within 24 hours and will not be charged for that service.

b) When eradication may involve the use of chemical pesticides, the Successful Bidder's

recommendations shall be submitted in writing to the building or property services supervisor, reviewed at once and approved in writing prior to implementation of the action.

c) Written recommendations shall include details of the pesticide product recommended,

chemical form and carrier, percentage to be used, quantity, methods and location of application, anticipated residue time (if known), site preparations required, and application schedule.

d) Approval for chemical use within buildings shall only occur in situations of known

problems, as a last resort when non-chemical – or the standard monthly chemical solutions – are ineffective, and upon review and written approval of the building or property services supervisor.

e) The application of pesticides shall be limited to the area of infestation as scheduled with

the centre supervisor. f) If pest activity is discovered and determined to be potentially damaging to the property,

the Successful Bidder shall inform the building services supervisor or Contract manager, and recommend a plan of action for eradication and prevention of reoccurrence.

11.4.2 Pest Control Services Schedule

The Vendor must maintain the Pest Control Services Schedule throughout the entire Contract period. Failure to maintain this schedule will result in cancellation of the contract. The schedule shall indicate the building, the first Tuesday of each month for treatments (if required), to the satisfaction of the be building services supervisor or Contract manage. All treatments will be during 7 am to 5 pm Monday to Friday unless otherwise noted (see 11.4.1.4 b) - for exceptions).

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10.0 SUCCESSFUL BIDDER GENERAL IPM RESPONSIBILITIES 1.2 The Successful Bidder shall be responsible for all Integrated Pest Management Services

including but not limited to pest monitoring, and pest control of the interior and exterior of various City of Toronto Divisions and Agencies facilities in part and/or in whole, including owned and/or operated by the above noted three City of Toronto's Divisions.

The Successful Bidder(s) will be responsible for providing IPM services for any one or all of the locations listed in the RFQ. The City reserves the right to add or remove locations as necessary at an additional cost to the City of Toronto as per Schedule "A" Price Form. The Bidder’s optional/additional service call unit prices listed as optional pricing shall apply for any additional locations within the City of Toronto not included in Price Schedule. 1.2 11.0 PEST IDENTIFICATION AND ECOLOGY

It is mandatory that the bidder have basic knowledge of pest identification and ecology. The bidder must be able to identify pests at different stages of the pests life, including but not limited to egg, larva, nymphs/pupa and adult stages for most effective treatments. It is mandatory that the bidder access from the internet and become familiar with the content from the following resource publications for use at Solid Waste Management facilities and Transportation Service Division facilities:

13.1 IPM TREATMENT STRATEGIES:

SELECTING TREATMENT STRATEGIES Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-4.pdf

13.2 IPM For PEST ANTS:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-5.pdf

13.3 IPM For COCKROACHES:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-6.pdf

13.4 IPM For CLOTHES MOTHS AND CARPET BEETLES:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-7.pdf

13.5 IPM For FLEAS:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-8.pdf

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13.6 IPM For PEST FLIES:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-9.pdf

13.7 IPM For LICE: Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-10.pdf

13.8 IPM For PEST RATS, MICE AND RELATED SPECIES:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-12.pdf

13.9 IPM For PEST SILVERFISH, FIREBRATS, AND BOOKLICE:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-14.pdf

13.10 IPM For PEST SPIDERS:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-15.pdf

13.11 IPM For WOOD DAMAGING PESTS:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-17.pdf

13.12 IPM For PEST YELLOWJACKETS AND HORNETS:

Bidders can use the following link to obtain a copy of the publication: http://www.epa.gov/opp00001/ipm/schoolipm/chap-19.pdf

13.13 IPM For PEST BIRDS:

Pest Bird Control and the Peregrine Falcon Recovery Program in Ontario Bidders can use the following link to obtain a copy of the publication: https://www.ontario.ca/page/pest-bird-control-and-peregrine-falcon-recover-program-ontario

13.14 IPM FOR BED BUGS https://www.epa.gov/bedbugs/controlling-bed-bugs-using-integrated-pest-management-ipm

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13.14 IPM for Pest Mammals:

IPM for Pest Mammals: Require relocation as per City of Toronto: "Wildlife in the City" and/or Ministry of Natural Resources: "Endangered Species" unless deemed Infectious Disease Vector (i.e. Rabies) by Toronto Public Health and/or Ministry of Natural Resources: "Rabies in Ontario - Control Efforts" Bidders can use the following link to obtain a copy of the publication: a) https://www.toronto.ca/community-people/animals-pets/wildlife-in-the-city/ for

Wildlife in City b) http://www.mnr.gov.on.ca/en/Business/Species/2ColumnSubPage/276504.html for

Deciduous Forest area c) http://www.mnr.gov.on.ca/en/Business/Species/2ColumnSubPage/276503.html for Great

Lakes-St. Lawrence Forest area d) http://www.mnr.gov.on.ca/en/Business/Rabies/2ColumnSubPage/STEL02_166327.html for

Rabies Control Efforts in Ontario 13.15 IPM FOR PUBLIC WORKS IPM DETERMINED CLASS 9 PESTICIDE USE: For public works IPM determined Class 9 pesticide use, bidders are to familiarize themselves with Technical Guidance: Pesticides Act and Ontario Regulation 63/09 - Public Works - May 2011and Public Works Exception – Guide to Providing Written Instructions, at: http://www.ene.gov.on.ca/environment/en/category/pesticides/STDPROD_086340.html 14.0 WORK EXECUTION – INTEGRATED PEST MANAGEMENT AND CONTROLS

There are four (4) components involved in the execution of the contract on the part of the bidder:

1. Pre-Work Approval: Site Assessment and the development of a Pest Control Action Plan 2. Methods of Pest Control 3. Disposal/Relocation of Pests 4. Documentation

14.1 Pre-Work Approval: Facilities Assessment and Pests Control Action Plan

The bidder is to be prepared to effect IPM to control pests that have been deemed a public health and safety risk by the City of Toronto Divisions and TTC Manager / Supervisor. IPM to control pests must include the posting of IPM signage and, if any, pesticide warning signs, when required, by the bidder within 48 hours of notification to the City of Toronto by the Bidder. Prior to IPM to control pests, as part of developing a Pest Control Action Plan, the Bidder is to carry out an initial facility assessment with the City of Toronto Divisions and Agencies facilities. For purposes of facility assessments, the bidder shall send one person from their company who is responsible for mobilizing crews and executing the Pest Control Action Plan. For each facility, a Pest Control Action Plan involving the documentation of facility characteristic (Pest(s) status, facility description), IPM control method(s) and plans for follow up monitoring

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and re-treatment (if necessary) will be developed by the bidder, and reviewed with each City of Toronto Divisions and the TTC facilities Manager/Supervisor. In accordance with the Pest Control Action Plan, the bidder is to provide the safe and effective removal and where required disposal/relocation of pests that have been deemed a public health and safety issue by the City of Toronto. The objective of each Pest Control Action Plan is for the bidder to initiate different methods of control or combinations of control for the immediate removal of pests so as to mitigate current and future health and safety risks to the occupants and public.

The Pest Control Action Plan is to be prepared by the bidder and submitted to each City of Toronto Divisions and the TTC facilities Manager/Supervisor for review and written approval prior to initiating any on facility control measures. It is here that written authorization for the use of pesticides when required will be provided to the bidder by the City of Toronto. Final decisions regarding method(s) of control including the application of pesticides will remain the responsibility of each City of Toronto Divisions and the TTC facilities Manager/Supervisor.

1. SPECIFIC DIVISONAL EXCLUDED METHODS OF CONTROLS 14.1.1.1 Bidder must ensure that they are familiar with following list of pesticides or

ingredients in other pesticides and pesticide synergists as they are not to be used for Yards, Centres, Buildings, Transfer Stations and Landfills and other facilities where staff typically visit and/or frequent:

2011 List of EPA Do Not Use Pesticides/Synergists:

1. Organophosphates:

a) Diazinon b) Chlorpyrifos c) Pentachlorophenol d) DDT

2. Pyrethroids:

a) cis- and trans-permethrin b) resmethrin,

3. Pesticide synergist(s):

a) piperonyl butoxide

Note: Sourced from Dr. Nicolle Tulve, research scientist, EPA's National Exposure Research Laboratory

14.1.1.2 Bidder must also ensure that solvent based pesticides are not used for IPM in

facilities where staff typically visit and/or frequent including but not limited to Yards, Centres, Buildings, Transfer Stations and Landfills.

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14.1.1.3 No bait trays or rodenticides are to be used in or around facilities where staff typically visit and/or frequent including but not limited to Yards, Centres, Buildings, Transfer Stations and Landfills.

14.2 IPM to Control Pests– Methods of Control

The successful Bidder will select the best combination of management strategies and best practices in order to control pests that have become a public health and safety issue. Successful bidder will follow treatment decisions to reduce pests to acceptable levels using strategies that may include a combination of biological, physical, cultural, mechanical and behavioural controls. Legislatively compliant pesticide controls are used only as a last resort should these other methods not provide acceptable results.

14.2.0.1 EXAMPLES OF SPECIFIC METHODS OF CONTROL FOR PEST VEGETATION

14.2.0.1.1 Method of control will vary as to:

- Area covered by the pest vegetation - Plant density - Sub surface accessibility to the vegetation and root systems - Stage of vegetative growth - Location of vegetation relative to watercourses

Where larger areas are involved, the Bidder is to work from the periphery of pest vegetation

growth inwards so as to allow competing and desired vegetation the opportunity to establish.

For purposes of public safety, the City of Toronto Divisions and the TTC may cordon off designated work sites where pest vegetation exists and that requires control on the part of the bidder as authorized by the City of Toronto. Barriers or other means to control access are to remain in place at all times during the execution of pest vegetation control on the part of the bidder. The only exception to this would be to allow the bidder access into and out of the site. The barrier will remain in place following the execution of work on the part of the bidder at each site and will be removed by the City of Toronto Divisions and the TTC

Unless otherwise requested, the bidder is not to engage in any method of exterior vegetation

control prior to April 21st in order to align the Pest Control Action Plan with the growth cycle of pest vegetation for purposes of more effective control.

Unless otherwise requested, the bidder is required to engage at any time, any method of vegetation control year round in greenhouses and facilities with indoor plants.

The management and control of pest vegetation will involve one or a combination of the

following IPM methods to be executed on the part of the bidder:

1. Hand Pulling Hand pulling is conducted only with very young seedlings and where the majority of the root system can be removed from the soil. The vegetation is collected and double

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bagged for disposal using industrial contractor grade bags with a minimum 6 mils and minimum 130 Newtons for seam and plastic tear strength.

2. Root Cutting

Root cutting is performed with a spade having a sharp blade. The root is cut at a minimum of 10 cm below soil level. Prior to root cutting, the situation is assessed for indications of soil erosion where additional layers of soil may be covering plants and in such instances, these individuals need to be cut further down, up to 25 cm. below the soil surface. The cut parts of the plants are pulled out of the soil and double bagged for disposal using industrial contractor grade bags with a minimum 6 mils thickness and minimum 130 Newtons for seam and plastic tear strength. The bidder is to maintain the blade of the spade in a sharp condition. Root Cutting is considered as the method of control at thresholds < (less than) 400 plants per site.

3. Stem Cutting

In situations where root cutting would not be possible, the stem of the plant is cut down to ground level using a long, sharp and serrated knife. As much as possible of the stem and root system is removed and all plant parts are double bagged for disposal using industrial contractor grade bags with a minimum 6 mils thickness and minimum 130 Newtons for seam and plastic tear strength.. Stem Cutting is considered as a method of control at thresholds < (less than) 400 plants per site. Note: In all instances where plants are being removed from the soil in a physical manner, the bidder is to exercise care and caution so as to minimize soil disturbance and prevent soil erosion especially along watercourses. Where soil has been disturbed from plant removal, bidder is to tamp soil back in place by foot or with shovel.

4. Herbicides

For pest vegetation, a Class 10 herbicide with minimum efficacy of Monsanto, "Roundup – Weathermax" is to be used on a post-emergent basis in all matters of pest vegetation control requiring the authorized IPM determined last resort use of herbicides. The label for "Roundup – Weathermax" can be found using the following link: http://www.cdms.net/LDat/ld5UJ047.pdf The label for bidder approved efficacy equivalent will be the bidder's responsibility.

The application of herbicides is conducted using formal Integrated Pest Management (IPM) protocol and in full compliance with Provincial pesticide legislation and label instructions. Further, herbicides are applied according to the manufacturer's safety instructions and recommended rate of application. Unless otherwise legally prescribed or as directed by original manufacturer directions, the bidder is to maintain a minimum three (3) metre buffer zone to water at all times for any authorized herbicide application and to increase this buffer zone up to five (5) metres on slopes as per City of Toronto Pesticide Use Policy, 2011 or

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latest edition. Only physical methods of control – Hand Pulling, Root Cutting and / or Stem Cutting are used for pest vegetation lying within prescribed buffer zone. Bidder is to also refer to section relating to Weather Conditions Affecting Pesticide Applications for managing drift and other local conditions. Under the Pest Control Action Plan, herbicide application is considered as a method of control at plant thresholds > (greater than) 400 plants per site except where it has been determined that threatened or endangered plants and species may be harmed through herbicide application in which case Root Cutting will be used as the method of control for pest vegetation in that area or portion of the site.

i) For Foliar Exterior Applications

Unless otherwise requested, and excepting in instances of re-treatments with herbicide, foliar applications of herbicide are confined to exterior applications in mid spring between late April (April 21st) and early May (May 7th) leaves are green and actively growing and where plant colonies exist, access to the centre of the colony is possible for operators. Depending upon weather conditions and growth stage of the plant, this period may be extended beyond May 7th in accordance with the Pest Control Action Plan. Method of foliar herbicide application is done with respect to minimizing potential damage to all non-targeted, desired vegetation. The bidder is to conduct spot spraying when and wherever possible to reduce the amount of herbicide used as well as to provide the best opportunity for desired vegetation to establish in treated areas.

a) Where dense monocultures of pest vegetation exist, a backpack

sprayer 10 Litre to 15 Litre volume is used to apply the herbicide. b) In areas with mixed vegetation, a small hand sprayer 500 ml to 1 L

volume with a nozzle that effectively constricts the spray to the target pest vegetation is used with extreme care taken not to impact any non-targeted, desired vegetation.

ii) Stem Cut and Foliar Herbicide Application

Where a colony is encountered later in the season and grown too tall, plants are cut down to waist level and the lower leaves treated with a foliar application of herbicide. The cut vegetation is double bagged for disposal using industrial contractor grade bags with a minimum 6 mils thickness and minimum 130 Newtons for seam and plastic tear strength. The bidder is to utilize the appropriate spray equipment as described under "Foliar Applications" to minimize amount of herbicide applied, to minimize risk of damage to all non-targeted, desired vegetation and to provide the best opportunity for desired vegetation to establish in treated areas.

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iii) Stem Injection Applications (Note: this method of control is currently not indicated on the label of "Roundup – Weathermax" or approved efficacy equivalent Class 10 herbicide for the control of herbaceous, hollow stemmed vegetation but may become subject to legislative review). Stem injection is included here should this method of control become legislatively compliant during the course of the contract and be indicated on the label or supplemental label of Class 10 herbicides that can be used for the control of pest vegetation. Herbicide would be applied according to label directions through hand-held injection devices that deliver the recommended amounts of herbicide directly into the stem of the plant.

Hand-held injection devices as well as instructions for their use are available from JK Injection Systems, phone number: 888 302-3996 or approved equivalent. Information about the company and the hand-held injection devices can be found using the following link: http://www.jkinjectiontools.com/

14.2.0.1.2 Umbel and Seed Removal

In all instances of removing mature plants having flowering and / or seed laden umbels and in order to reduce seed production and dispersal, these umbels are first bagged off and then pruned with care taken not to dislodge any seeds and to contain all seed heads to prevent them from reaching the ground and / or water. Whenever possible, the bidder is to lay a sheet of plastic underneath the umbels to collect any seeds that may become dislodged during the bagging off and pruning process.

According to best practices from the New York State Department of

Environmental Conservation, it is recommended that the bidder utilize a sharp cut and hold long reach pruner for certain hazardous vegetation's umbel removal so that direct contact with the plant is not required. The pruner is used carefully to sever all flowering and / or seed laden umbels.

All plant parts including seeds are double bagged for disposal using industrial

contractor grade bags with a minimum 6 mils thickness and minimum 130 Newtons for seam and plastic tear strength.

14.2.0.1.3 Follow-up Monitoring and Treatment

Recognizing:

a) that seeds can germinate at different times during the spring, and b) that there may be re-growth at any time during the growing season following first attempt

at control using any method and in accordance with the Pest Control Action Plan, the bidder is to conduct follow up monitoring and re-treatment (if required) for any locations and sites where pest vegetation was located and previously controlled. In all instances

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where re-treatment with herbicide is required, bidder must follow all Ontario Pesticide regulations including but not limited to re-signage and notifying and receiving a written authorization by City of Toronto Divisions and the TTC The bidder is to conduct follow up monitoring and re-treatment (if required) in the following manner:

1. For locations / sites of pest vegetation managed previously by the City of Toronto during

2017 the bidder is to initiate follow up monitoring for escapes, re-growth and new seed germination within five (5) business days following contract award and effect control as required. Wherever possible, re-treatment at these locations / sites is to involve physical methods of removal – Hand Pulling, Root Cutting, Stem Cutting with the use of herbicides considered only on a last resort basis. The bidder is to follow-up at these locations / sites in three (3) weeks time to monitor for escapes, re-growth and where applicable new seed germination and to effect control as required. Wherever possible, re-treatment is to involve physical methods of removal – Hand Pulling, Root Cutting, Stem Cutting with the use of herbicides considered only on a last resort basis.

2. For new occurrences and instances where attempts at physical control (Hand Pulling,

Root Cutting, Stem Cutting) had been made, the bidder is to follow-up at location / site three (3) weeks following the completion of the first attempt at control, monitor for escapes, re-growth and where applicable new seed germination and effect control as required. Wherever possible, re-treatment is to involve physical methods of removal – Hand Pulling, Root Cutting, Stem Cutting with the use of herbicides considered only on a last resort basis when leaves are still green and the plants not dying back. Further, the bidder is to follow-up at location / site the following spring in and around May 1st, monitor for new seed germination and effect control as required. Wherever possible, re-treatment during the following spring is to involve physical methods of removal – Hand Pulling, Root Cutting, Stem Cutting with the use of herbicides considered only on a last resort basis.

3. For new occurrences and instances where attempts at herbicidal control (Foliar and if

legislatively compliant by Stem Injection) had been made, the bidder is to follow-up at location / site three (3) weeks following the completion of the first attempt at control, monitor for escapes, re-growth and where applicable new seed germination and effect control as required. Wherever possible, re-treatment is to involve physical methods of removal – Hand Pulling, Root Cutting, Stem Cutting with the use of herbicides considered only on a last resort basis when leaves are still green and the plants not dying back. Further, the bidder is to follow-up at location / site the following spring in and around May 1st, monitor for new seed germination and effect control as required. Wherever possible, re-treatment during the following spring is to involve physical methods of removal – Hand Pulling, Root Cutting, Stem Cutting with the use of herbicides considered only on a last resort basis.

The City of Toronto Divisions and the TTC will advise the bidder as to any exceptions to the scheduling and execution of follow-up monitoring and re-treatment procedures.

14.3 DISPOSAL/RELOCATION 14.3.1 Procedures

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The bidder is responsible for the safe and environmentally responsible disposal/relocation of all pests that has been removed from facility according to the Pest Control Action Plan.

Disposal is undertaken only when any type of pest, animal and vegetation are destroyed.

Relocation is undertaken only when animal pests are live captured, typically for birds and mammals.

Disposal and relocation must be according to Ministry of the Environment and Climate Change guidelines. Until further notice or availability of a provincial guideline and/or legislation at time of disposal, bidder must ensure disposal is to licensed landfill or licensed incineration as directed by pesticide manufacturer.

Until disposal guidelines/legislation become available or further notice by the City of Toronto, pest material for disposal is not to be deposited in any type of waste container owned by the City of Toronto, nor on and off site and not be sent to organic streams for composting

Following the double bagging of all pests for disposal using industrial contractor bags with minimum 6 mils thickness and minimum 130 Newtons for seam and plastic tear strength. and at any stage of the disposal process, should any of the bags develop holes or become compromised in any way, the bidder is responsible to re-bag should this occur so that the material cannot come into direct contact with a person during the handling and disposal process. Note: following the deposit of the pests into bags, disposal bags should have least amount of air to avoid tearing or bursting open in licensed landfill or licensed incineration as directed by pesticide manufacturer and transfer operations.

14.4 DOCUMENTATION

As part of Integrated Pest Management (IPM) strategy, Successful Bidder must provide a checklist that includes all product applications, at each location, at least once a month and submit this checklist to both the facilities manager and to the City of Toronto Public Health Healthy Environments Section.

14.4.1 Pesticide Use Form

The bidder is required to document any pesticide application on a post treatment basis at each site on the attached “Pesticide Use Form” and submit the same to the area City of Toronto Divisions and the TTC facilities Manager/Supervisor within five (5) business days following any pesticide application conducted by the bidder. The bidder is to consult with the, City of Toronto Divisions and the TTC Management facilities Manager/Supervisor with regards to the completion and submission of this form. The bidder is to keep a copy of the Pesticide Use Form for their records.

15.0 WORK: REQUIREMENTS DURING IPM CONTROL METHODS

Successful bidder must follow the City of Toronto signed off Pest Control Action Plan for each IPM treatment.

15.1 NON-PESTICIDE CONTROL METHODS: Bidder is responsible for all costs including labour, materials, incidentals, equipment, consumables, transportation and cleaning, for all non-permanent non-pesticide treatments including but not limited to live traps, sealing treatments of all cracks up to and including 10 inches long with up to

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and including 1 inch wide, sealing treatments of all accesses and holes up to and including a maximum of 3 inches in diameter or with areas less than 29 inches square.

City will be responsible to perform at its own cost any sealing treatments of all cracks over 10 inches long with over 1 inch wide; sealing treatments of all accesses and holes over 3 inches in diameter or with areas greater or equal to 29 inches square. Any permanent placement of rodent control and fly control devices such as exterior bait stations, catchalls and light traps shall be at an additional charge to the City, up to a third party's catalogue list price where non-pesticide treatment has been sourced, and, after payment, becomes the property of the City. Where an electrical source is not available within 25 feet of light trap or other electrical treatment, the City will be responsible for delivery of electrical power to bidder identified location(s), as and when capable. Until electrical power supply is made available, and possibly not until after contract is expired, bidder shall provide non electric alternatives.

PESTICIDE CONTROL METHODS:

15.2.1 Pesticide Authorization

The bidder will undertake any required pesticide application only following consultation and written authorization on the part of the City of Toronto. For any reason, if pesticide application is not going to be initiated within 48 hours of posting, the bidder is to provide immediate notification to the City of Toronto Divisions and the TTC

15.2.2 The bidders and any sub-contractors shall only apply pesticides for which they are respectively licensed for.

15.2.3 The Successful Bidder shall comply with the original manufacturer's label instructions, including

where labels addresses: a) do not use in Child Use Areas or similar 15.2.4 The Successful Bidder shall source pesticides where manufacturer(s) have labelled product as

acceptable for use in: a) Child Use Areas or similar 15.2.5 Each area shall be isolated after pesticide application and special action (such as securing the area

by locking, treating in off-hours, and/or providing supervision, providing signs, communication with the site manager/supervisor, follow up visit etc.) shall be taken to prevent the public, especially children and elderly, and City of Toronto employees getting into the area where possible.

15.2.6 All areas of the facilities specified by bidder or City of Toronto Divisions and the TTC facilities'

manager/supervisor and as part of Pest Control Action Plan, shall be treated and controlled. 15.2.7 No area shall be excluded unless written authorization is received from the respective City of

Toronto Divisions and the TTC facilities' manager/supervisor. 15.2.7 Any chemicals used including Pesticides, shall leave minimal stains on surfaces where they are

applied.

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15.2.8 Exterior perimeter treatment shall be included, where required by City or Bidder, to control entry of pests such as but not limited to ants, cockroaches and rodents.

15.2.9 ADDITIONAL WORK REQURIED:

15.2.9.1 Lockers shall be sprayed once per year unless otherwise requested. The Successful Bidder must

coordinate this service with the respective City of Toronto, City of Toronto Divisions and the TTC facilities manager/supervisor prior to spraying.

15.2.10 SIGNAGE

As per Ontario Regulation 63/09, pesticide warning signs must remain in place for 48 hours after treatment. Pesticide warning signs are to be removed by the bidder within 24 hours after this period is over.

Solid Waste Management and Transportation Service Division may post additional signage for public information purposes. More detailed information on Ontario Regulation 63/09 with regards to Notice and Warning Signs is available at the following link to the Ontario Ministry of the Environment and Climate Change website:

http://www.ene.gov.on.ca/environment/en/resources/STDPROD_079997

15.2.11 Pesticide Control Method Use Conditional Restrictions

Where IPM activity requires pesticide application to the exterior of facility, the following shall apply: 15.2.11.1 Buffer Zones to Water Unless otherwise legally prescribed or as directed by original manufacturer directions, the bidder is to maintain a minimum three (3) metre buffer zone to any water at all times for any authorized pesticide application and to increase this buffer zone up to five (5) metres on slopes as per City of Toronto, Pesticide Use Policy, 2011 or latest edition. 15.2.11.2 Weather Conditions Affecting Exterior Pesticide Applications 15.2.11.2.1 The authorized application of pesticides by the bidder is contingent upon weather conditions involving rain, morning dew, wind and smog. The application of pesticides can be applied up to an hour before a rain event, however is not permitted during a rain event. Following a rain event, the bidder must allow the facility to dry sufficiently so that the pesticide will not run off the facility and onto the ground and / or be diluted in the presence of water. The bidder can initiate pesticide treatment only after any morning dew has sufficiently evaporated so as to not dilute and compromise the effect of the pesticide. Under windy conditions and where the bidder deems risk of pesticide drift, bidder will please refer to:

http://www.omafra.gov.on.ca/english/crops/resource/using-pesticides.htm#drift

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For managing drift, however under Commonwealth legislation, no application under 4 km/hr and over 20km/hr will be allowed. The use of any type of spraying equipment is not permitted under the above conditions. The bidder is not to initiate any pesticide applications on City of Toronto smog alert days. 15.2.11.2.2 With regards to smog, it is incumbent upon the bidder to listen for smog conditions on the news or contact the Ontario Ministry of the Environment and Climate Change at 416-246-0411 or by website http://www.airqualityontario.com/alerts/alert.cfm for the most up to date Air Quality Index (AQI) reading. A smog alert is issued when the AQI reaches or exceeds 50. (Note: The bidder is encouraged to receive notification of smog alerts by e-mail.) The City of Toronto Air Quality Information Line also provides daily information on the smog alert status for the City. Call 416-338-SMOG (7664) for the most up-to-date information.

15.2.11.2.3 Other Considerations Involving Pesticide Applications The bidder is to use the following link to the Ontario Ministry of Agriculture Food & Rural Affairs (OMAFRA) to refer to other considerations involving pest vegetation pesticide applications including protecting the environment, pesticide disposal and pesticide spills:

http://www.omafra.gov.on.ca/english/crops/resource/using-pesticides.htm

16.0 WORK VALIDATION AFTER IPM CONTROL METHODS: 16.1 The Successful Bidder shall follow manufacturer label for decontamination in all Solid Waste

Management and Transportation Service Division facilities, including but not limited to ventilation and/or cleaning prior to end user(s), occupant(s) and employee(s) returning. Where no decontamination information label is available, bidder shall contact manufacturer for decontamination information. Bidders may consult with City of Toronto Public Health's Healthy Environments to validate a particular decontamination method.

16.2 The bidder is to contact the City of Toronto, Solid Waste Management and Transportation Service Division facility's manager/supervisor within seven (7) business days following the completion of pest control at each facility. Prior to providing approval, the City of Toronto, Solid Waste Management and Transportation Service Division facility's manager/supervisor will verify:

1. That all work has been completed satisfactorily and in accordance with the Pest Control Action Plan for the facility.

2. That there has been no damage to the facility caused by the bidder during the execution of the contract.

3. That all Reporting Forms, Post Control and Pesticide Use Forms (when required) have

been completed in an acceptable manner and submitted to the City of Toronto within the time frames indicated.

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16.3 RECORDS MAINTENANCE

16.3.1 INSPECTION AND INTERIM REPORTS

16.3.1.1 The Successful Bidder shall conduct inspections of all locations specified for pest activity and provide interim summary reports of pest evidence and recommendations for follow-up action at each service visit.

16.3.1.2 Inspection and interim reports shall be submitted to the Supervisor within seven (7)

days of each inspection. Reports shall include inspection date, pest discoveries (including identification of pests, location and degree of activity, resultant and potential damage), and preliminary recommendations for follow up IPM action.

16.3.1.3 For all City divisions and TTC facilities:

Successful Bidders at their expense, are to supply an up-to-date certification record of all pest control, monitoring, and IPM services provided on an electronic database (Excel format) to the City, quarterly, within ten (10) business days of the inspection date and including full data signatures on completion of the first year of the contract and each optional year of the contract. The Excel spreadsheet will include:

1. Site address; 2. Type of pesticide used per application; 3. Quantity of pesticide used; 4. Location in/outside of facility where pesticide was used; 5. Date, time and duration of location; 6. Number and location of pest control devices or traps there were used; 7. Pest discoveries or infestations; 8. Preliminary recommendations for follow-up action.

16.3.1.4 In addition to Pest Control Activity Plans, and the other requested reporting requirements throughout, the successful bidder shall be required to maintain, on the premises, a log book for each facility and have available for review by designated City employees, records detailing the following:

1) Type of pesticide used, 2) Quantity of pesticide used per application, 3) Location where pesticide was used, 4) Date, time and duration of application, 5) All pertinent Material Safety Data Sheets, 6) Ontario Ministry Operator Licence/Information, exterminator’s licenses,

technician and trainer licences 7) Ongoing written information regarding each service call detailing

results of the inspections, sanitation and structural observations, work performed by the technician(s), and recommendations,

8) Insurance documents, compensation information, 9) Contractor contact information, both routine & emergency, 10) Schematic diagram floor plans will be used to indicate the location of

monitors and bait stations,

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11) Contractor contact information, both routine and emergency, 12) List of all products used at the location.

a) The log book shall be available to the City for review upon request, within 24 hours of the request.

b) A copy of the log book shall be provided to the building or property services supervisor at quarterly intervals during the term of the purchase order.

16.3.1.5 Failure to maintain these records, or to provide them at quarterly intervals, or to

have them recorded in a manner in which they can be easily interpreted may result in cancellation of the contract(s) as per Appendix "B" – General Contract Terms and Conditions Section 11 Termination Provisions.

16.3.1.6 The Successful Bidder shall implement a reporting process that will include

documentation, between the City’s staff and the Successful Bidder's staff. This reporting process shall be checked on each site Routine Service Call and a documented response will be provided in the log book.

16.3.2 BI-ANNUAL INSPECTIONS AND ADVISORY REPORTS

16.3.2.1 In summer and winter, the bidder shall thoroughly examine the conditions of the locations specified on the quotation document to identify conditions favourable to pests and evidence of pest activity and recommend non-chemical measures of pest prevention and measures which involve limited use of chemicals.

16.3.2.2 Findings and preventative advice shall be location-specific and shall be provided

in the form of two (2) annual reports within 30 days of inspection. The report shall be submitted to the building supervisor.

Quantity

.24 Quantities provided are estimates only and should not be interpreted as indicating a minimum or maximum order quantity. The quantities shall be used as a basis for comparison upon which the award will be made. These quantities are not guaranteed to be accurate and are furnished without any liability to the City whether decreased or increased.

10.0 Material Safety Data Sheets (MSDS)

11.1 Deliveries and usage of pesticides must be made according to regulatory requirements and Material

Safety Data Sheets (MSDS) information. 11.2 Under no circumstances can the Vendor leave any partially used and unused amounts of pesticides,

nor pesticide application equipment, used and unused, at application facility and all other City of Toronto properties: a) before and after application of pesticide, b) unattended for any length of time, and c)

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overnight. All partially used and all unused amounts of pesticides and all application equipment used and unused, must remain in the possession of the bidder at all times. Deliveries and usage must include Vendor’s human resources to wear appropriate PPE as noted in MSDS.

11.3 The Successful Bidder shall submit appropriate Material Safety Data Sheets (MSDS) to the City

prior to any pesticide application. 11.4 The Successful Bidder must include Material Safety Data Sheets for the pesticides to be used

within five (5) business days of request. 11.5 In addition, within five (5) business days of request by the City, an electronic version must also be

sent to [email protected], with the corresponding RFQ # in the following format: "RFQ: 7002-17-7230" which is to be entered only in the email subject line. Failure to submit all MSDSs to the City within the specified time frame by the City may result in the Vendor being deemed in breach of the Contract.

11.6 Where applicable , the City will only allow use of WHMIS controlled products from Vendors only

if appropriately labelled with supplier WHMIS label and accompanied by a material safety data sheet (Occupational Health and Safety Act (R.S.O. 1990, c. 0.1) WHMIS Regulation (R.R.O., Reg. 860).

11.7 As per City of Toronto WHMIS policy dated June 8, 2006, all products offered are not to contain

any of the following, unless requested specifically by specification: • Substances designated by regulation under the Ontario Occupational Health and Safety Act • Substances identified as carcinogenic to humans as listed in group 1 by the International Agency for Cancer Research (IARC) • Substances identified as confirmed human carcinogens as listed in category A1 by the American Conference of Governmental Industrial Hygienists (ACGIH) • Substances identified as probably carcinogenic to humans as listed in group 2A by the

International Agency for Research on Cancer (IARC) 11.0 Delivery .25 The Vendor must guarantee delivery of the Deliverables specified in this Request for Quotations 24

hours turn around after receipt of a purchase order / Blanket contract, to the delivery location specified by the City in accordance with this section.

.26 The Vendor must deliver the specified Deliverables as per their Quotation without substitution or deviation.

.27 The Vendor shall provide staff who are qualified to undertake the installation services required under

the terms of this RFQ. The staff must be certified to install and set-up the Products listed in Appendix “C” – Price Form.

.28 Delivery will be to City of Toronto locations as per the Contract/Contract Release Order.

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.29 Late Delivery, partial shipments or shipment of unauthorized Product may result in the Contract

being cancelled. .30 The Vendor shall restore all property temporarily removed, damaged, or destroyed during the supply,

delivery, and installation, of Products to the satisfaction of the City and at no cost to the City. The Vendor, before final payment, shall remove all surplus materials and any debris of every nature resulting from its operation and put the site(s) in a neat, orderly condition; thoroughly clean. If the Vendor fails to clean up at the completion of the supply, delivery, and installation of the Products, then the City may do so and charge the Vendor for the costs thereof, or deduct said costs from any monies still owing to the Vendor.

.31 The Vendor shall furnish all labour, materials, services, supplies, tools, equipment, apparatus, transportation, facilities and incidentals required and perform all operations necessary to accomplish the complete installation of the Product(s).

.32 A hard copy packing slip must accompany the products delivered and include at a minimum, the

purchase order number, the requisitioner's name and address, a description of the items delivered complete with serial numbers, part numbers, and quantity shipped.

.33 The Vendor must send valid Material Safety Data Sheet(s) sent with the first shipment of each new

order. .34 Before commencing any installation Work, the Vendor shall provide the City with a valid clearance

certificate from the Workplace Safety & Insurance Board (WSIB), and shall continue to provide valid clearance certificates from the WSIB for the duration of the Contract. Prior to the release of final monies owing by the City of Toronto, the Vendor will be required to produce a certificate issued by the Board to the effect that it has 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.

WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS)

12.1 The Vendor must ensure that all WHMIS-controlled products used in performing the work are

appropriately labeled.

12.2 The Vendor must maintain, at all times during the work, copies of material safety data sheets for WHMIS controlled products on site in an easily accessible location.

12.3 The Vendor must comply with the requirements of WHMIS legislation regarding the use,

handling, storage and disposal of hazardous materials. 12.4 Further to the requirements of WHMIS, the Vendor shall ensure that the application of flammable

or toxic materials is commenced only after the following requirements are met: a) Adequate ventilation is provided during and after application; b) Enclosures are provided, when required, to contain fumes/vapours within the application area;

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c) The building heating, ventilating and air conditioning system will not distribute fumes/vapours throughout the building; d) Warning signs and appropriate safety barriers, as required by regulations or to prevent entry into the application area, are used; e) Workers are provided with the necessary respiratory protection devices to safeguard their health; f) Notwithstanding the requirements of preceding paragraphs, applications which might affect the well-being of any occupants or members of the public may be rescheduled to evenings or weekends; and g) All information regarding the handling of materials, avoidance of spills, cleanup, installation of materials, ventilation, or other features designed to minimize the level of worker or public

exposure to airborne contaminants are appropriately communicated.

13. DESIGNATED SUBSTANCES Where the Work involves potential worker exposure to a Designated Substance, the Vendor shall: 13.1 Propose a work plan for Work which includes (a) methods to be used to limit worker exposure to

the substance to the extent possible and, in any case, to within exposure limits specified in the applicable Designated Substance Regulation made under the Occupational Health and Safety Act and (b) methods to ensure compliance with other requirements of the applicable Designated Substance Regulation;

13.2 Review and discuss the work plan with the designated City Representative and subcontractors

prior to work in this area; 13.3 Perform regular inspection of the work to monitor adherence to the applicable Designated

Substance Regulation and work plan; 13.4 Take immediate action to ensure that non-compliance with the Designated Substance Regulation

and/or the work plan, which places the Vendor’s, or City’s employees at risk of exposure to designated substances, is addressed;

13.5 Document the results of inspections; and Notify the City’s Representative immediately, by

phone and/or written notice, if non-compliance is noted. Otherwise, provide copies of inspection reports weekly to the City’s Representative.

12.0 Return of Products – Not Applicable

13.0 Warranty

14.0 Insurance (Refer to Appendix B – General Contract Terms and Conditions)

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15.0 Performance Security – Not Applicable 16.0 Occupational Health and Safety .35 Bidders are required to submit a properly commissioned (**) Occupational Health and Safety

Statutory Declaration (“OHSA Declaration”) in the form attached to this Quotation Request prior to award. (Form can be found in Appendix "D" – Supplementary Forms).

.36 If a properly commissioned OHSA Declaration is not submitted with your Quotation, the City may provide a Bidder with an opportunity to submit the required OHSA Declaration within five (5) working days of such written request. Failure to submit the OHSA Declaration in response to that written request or the inability of the Bidder to satisfy the requirements set out in the OHSA Declaration are grounds for default. The City may also consider previous OHSA violations as grounds for rejection of a Quotation and the City may terminate any contract arising from this Request for Quotation if the Bidder is continuously in violation of OHSA requirements.

.37 In the event that a Bidder is unable to satisfy the OHSA Declarations requirements, Bidders are

advised Occupational Health and Safety training is available to Ontario contractors through the Construction Safety Association. That training should enable Bidders to identify whether further training is necessary to satisfy the requirements of the OHSA Declaration on future Tender/Quotation/Request for Proposal submissions.

.38 The following persons, by virtue of their office, are Commissioners for taking affidavits in Ontario:

Members of the Legislative Assembly, Provincial judges and justices of the peace, and barristers and solicitors entitled to practise law in Ontario.

17.0 The City of Toronto Social Procurement Program (Not applicable) .11 LICENSING .12 For all requested City of Toronto Divisions and TTC Services facilities:

a) All Work and materials used for the Work shall be in accordance with the Ontario

Pesticides Act, R.S.O, 1990, c.P11, including Ontario Regulation 63/09 and all other applicable Regulations and amendments thereto.Bidders providing services must be licenced as an Operator under the Ontario Pesticides Act and associated Ontario Regulation 63/09. Bidders are responsible for ensuring that all pesticide applications are made in compliance with the Ontario Pesticides Act and associated Ontario Regulation 63/09.

Operator’s License (Business) #____________

b) Bidder must have their annual Operator's Licence valid, not expired, up to the award date of Contract to be considered further.

c) Successful Bidder must keep annual Operator's Licence valid, not expired, during the

life of the contract period.

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d) Further, any pesticide applications for facilities internal and external unless otherwise noted will be performed by a licensed Structural Exterminator-Structural Type 6 Class 02 or certified Structural Technician working under the direct, not indirect, supervision of a licensed Structural Exterminator-Structural Type 6 Class 02 as qualified in Ontario Regulation 63/09.

Note: Trainee working under the direct supervision of a licensed Structural Exterminator-Structural Type 6 Class 02 as qualified in Ontario Regulation 63/09 will not be accepted.

e) Bidders must employ a minimum of four (4), full-time (part-time, temporary and contract persons excluded), Structural Exterminators who possess Type 6 Class 02 Structural Exterminator –Structural Licence and are familiar with Integrated Pest Management best practices, the Pesticides Act and Ontario Regulation 63/09.

Employee #1: Full time Type 6 Class 02

Structural Exterminator-Structural Licensee name:___________

Type 6 Class 02 Structural Exterminator-Structural License #:____________

Employee #2: Full time Type 6 Class 02

Structural Exterminator-Structural Licensee name:___________

Type 6 Class 02 Structural Exterminator-Structural License #:____________

Employee #3: Full time Type 6 Class 02

Structural Exterminator-Structural Licensee name:___________

Type 6 Class 02 Structural Exterminator-Structural License #:____________

Employee #4: Full time Type 6 Class 02

Structural Exterminator-Structural Licensee name:___________

Type 6 Class 02 Structural Exterminator-Structural License #:____________

f) Bidders must employ a minimum of one (1), full-time (part-time, temporary and contract persons excluded), Land Exterminator – Agriculture who possess Type 7 Class 01 Land Exterminator – Agriculture Licence and are familiar with Integrated Pest Management best practices, the Pesticides Act and Ontario Regulation 63/09.

Employee #5: Full time Land Exterminator – Agriculture

Type 7 Class 01 Licensee name:___________

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Type 7 Class 01 Land Exterminator – Agriculture License #:____________

g) Bidder should attach with bid submission or within five (5) business days of

request by the city, a separate sheet with: copies of all other Exterminator licences, including Types, and Classes, along with each Exterminator names, all operating under the Operator Licence (Business) sated above and/or any other Operator for this call.

h) Bidder must keep their 5 years Exterminator's Licence(s) valid, not expired, during

the life of the contract period.

.13 If requested, and at an additional cost to the City of Toronto as per the Schedule "A" Price Form PART D, the licensed Operator (Business) noted above may be required to provide additional IPM services under Ontario Regulation 63/09, including but not be limited to IPM services from the following Type and Class of Exterminator Licences:

Type Class Description 6 03 Structural Exterminator – Termite 6 08 Structural Exterminator – Fumigation, Soil 7 02 Land Exterminator - Landscape

.14 More detailed information on licencing under the Provincial pesticide legislation can be found at

the following link to the Ontario Ministry of the Environment and Climate Change: http://www.ene.gov.on.ca/environment/en/category/pesticides/STDPROD_079357.html

.15 The bidder shall apply Integrated Pest Management best practices first, before pesticide only use is considered.

.16 The bidder shall understand that pesticides, pesticide materials, and pesticide active ingredients

are defined and controlled by applicable legislation including but not limited to:

a) Pesticides Act, R.S.O. 1990, c. P.11 and its regulations b) Ontario Regulation 63/09 – Pesticides Act, c) Pest Control Products Act, S.C. 2002, c. 28 and its regulations, and d) City of Toronto Municipal code Chapter 612 Pesticide, Use Of

.17 Bidders may be interviewed and asked to consult with the City of Toronto Public Health, Healthy Environments Section prior to awarding of contract.

.18 As part of Integrated Pest Management (IPM) strategy, Successful Bidder must provide a checklist that includes all product applications, at each location, at least once a month and submit this checklist to both the hiring manager and to the City of Toronto Public Health, Healthy Environments Section.

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.19 Successful Bidder shall submit appropriate Material Safety Data Sheets (MSDS) to the City prior to any pesticide application in addition to MSDS section referred to later in this call in Section 19.0.

18.0 COMMUNICATIONS 19.2.1 The successful Bidder must be able to maintain communications with the City of Toronto,

Divisions and TTC at all times while on each site via a cell phone.

19.2.2 The successful Bidder is responsible for the exchange of contact information including cell phone numbers with the City of Toronto, Divisions and TTC prior to initiating any onsite service.

19.2.3 The successful Bidder must have an active and valid e-mail address for purposes of information exchange with the City of Toronto, Divisions and TTC.

19.2.4 The cell phone numbers and e-mail address is to be provided upon request by the City of Toronto, Divisions and TTC.

19.0 COMPLIANCE WITH OCCUATIONAL HEALTH AND SAFETY AND RELATED

LEGISLATION 19.3.1 In addition to any other Occupational Health and Safety legislation required as noted elsewhere in

this RFQ, to Successful Bidder must also comply with all of section 10.0 to 10.16 inclusive where applicable.

19.3.2 The Successful Bidder must comply with, but not limited to, the requirements of the following Act(s) and Regulation(s) for:

Occupational Health and Safety Act, R.S.O. 1990, c. O.1 and its Regulations Industrial Establishments, R.R.O. 1990, Reg. 851 Workplace Hazardous Materials Information System (WHMIS), R.R.O.

1990, Reg. 860 Confined Spaces, O. Reg. 632/05 Construction Projects, O. Reg. 213/91 including but not limited to Elevated

work platforms s. 143-149, Ladders s. 78-85, 86, Protective clothing, equipment and devices s.21-27, Public way protection s.64-66, stairs and landings s.75-77

Interpretations, Policies and Guidelines (IPG) document entitled "Fall-Protection Systems for Vehicles", 932-1-IPG-064

19.3.3 No scaffolding or work platforms will be allowed under this call.

19.3.4 Where bidder's pesticide and non-pesticide, non-permanent, pest control treatments require manual installation at heights, the Successful Bidder shall ensure compliance with the requirements of the Regulations for Construction Projects and the Regulations for Industrial Establishments with respect to “Elevating Work Platforms” including but not limited to bucket trucks, boom lifts and scissor lifts, all at no additional cost to the City of Toronto.

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Where Bidder's non-pesticide, permanent, pest control treatments require manual installation at heights, the Successful Bidder shall ensure compliance with the requirements of the Regulations for Construction Projects and the Regulations for Industrial Establishments with respect to “Elevating Work Platforms” including but not limited to bucket trucks, boom lifts and scissor lifts, all at City's own cost as part of cost for non-pesticide, permanent treatment as noted in price schedule. Note: Personal fall protection is required for persons working above 2.4 meters in bucket trucks and boom lifts, regardless of whether the aerial platform is guarded. Scissor lifts however, are exempted from this requirement if they are not being operated as a vehicle, i.e., are not being moved horizontally, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.5 The Successful Bidder shall ensure compliance with the requirements of the Regulations for Construction Projects and the Regulations for Industrial Establishments with respect to “Roofing” requirement, when required to work on, near or access roofs, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.6 The Successful Bidder shall ensure that qualified competent workers, are properly trained,

supervised and perform all work on or near ladders, elevated work platforms and on or near roofs to the Regulations for Construction Projects and the Regulations for Industrial Establishments, and are provided with, and use all required personal protective equipment, including but not limited to site compliance and worker compliance to relevant CSA Z259 series fall protection devices and systems, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.7 The Successful Bidder shall ensure that qualified competent workers, as specified in the Regulations for Construction Projects, perform all work near electrical equipment or installations, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.8 The Successful Bidder shall ensure that all electrical equipment in use during performance of the work is appropriately designed, located, and inspected so as to prevent a hazard to workers or the public and where applicable ULc or CSA certified, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.9 The Successful Bidder shall ensure that qualified competent workers, a WHMIS re properly

trained, supervised and perform all work near electrical equipment and/or installations to the Regulations for Ontario Electrical Code, Construction Projects and Regulations for Industrial Establishments, and are provided with, and use, appropriate personal protective equipment, including but not limited to electrical safety garments, tools, devices and systems noted in CSA Z462-08 Workplace Electrical Safety Standard, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.10 The Successful Bidder shall comply with requirements of the Regulations for Construction Projects

and Regulations for Industrial Establishments respecting electrical hazards, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

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19.3.11 Where applicable, the Successful Bidder shall ensure that where electrical work is required, the City is notified within 24 hours, the area is tagged and signed out of service or barricaded/fenced -in for public and worker safety, and work at other locations is begun, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.12 Where applicable, the Successful Bidder shall ensure that sufficient and qualified competent

workers, are properly trained, supervised and perform all work and are provided with, and use, appropriate personal protective equipment, including but not limited to high visibility safety garments, life safety lift devices and systems, and breathable gas devices and monitoring systems, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment. The Successful Bidder shall ensure that that fall safety, moving of equipment and materials safety, electrical hazards safety, confined space safety, excavation safety and traffic protection safety are accounted for, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.13 The Successful Bidder shall maintain on-site compliance with requirements of the Regulations for

Construction Projects and the Regulations for Industrial Establishments regarding fall protection, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.14 The Successful Bidder shall maintain on-site compliance with all sections of the Regulations for Construction Projects, which outline requirements respecting protective clothing, equipment and devices and the Successful Bidder shall ensure that all visitors to the manual installation site wear the approved safety boots and other personal safety equipment as required by law; all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

19.3.15 The work or services of the Successful Bidder is performed on City of Toronto property, the

Successful Bidder shall at all times comply with the Occupational Health and Safety Act and its Regulations and take every precaution reasonable in the circumstances for the protection of workers, all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment. If the Successful Bidder sub-contracts any or all of the work or services provided to be performed, the Successful Bidder will ensure the sub-contractor(s) are qualified to perform the work or services and comply with the Pesticide Act and Occupational Health and Safety Act and its Regulations. Unless otherwise stated, if the work or services is a project as defined under the Occupational Health and Safety Act, the Successful Bidder shall be deemed to be the Contractor under the Act and its Regulations and the Successful Bidder must govern itself accordingly; all at no additional cost to the City of Toronto regardless of being permanent or non-permanent treatment.

20.0 SAFETY 19.4.1 Deliveries and usage of pesticides must be made according to regulatory requirements and

Material Safety Data Sheets (MSDS) information.

19.4.2 Under no circumstances, can the bidder leave any partially used and unused amounts of pesticides, nor pesticide application equipment, used and unused, at application facility and all other City of Toronto properties: a) before and after application of pesticide, b) unattended for any length of time, and c) overnight. All partially used and all unused amounts of pesticides and

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all application equipment used and unused, must remain in the possession of the bidder at all times.

19.4.3 Deliveries and usage must include bidder’s human resources to wear appropriate PPE as noted in MSDS

21.0 TRANSPORTATION, SPILLS AND HANDLING TRAINING: All bidder's staff and sub-contractors, if applicable, shall be trained and practice proper safety,

handling, transportation, storage, transfer, spill procedures as required by applicable statutes and regulations, including but not limited to the following:

Pest Control Products Act, S.C. 2002, c. 28 and its regulations, General Regulation - Dangerous Goods Transportation Act - RRO 1991 Reg. 261 Environmental Protection Act (R.S.O. 1990) Spills Regulation – RRO 1990 Reg. 360 Spill Prevention and Contingency Plans – O. Reg. 224/07 Occupational Health and Safety Act (R.S.O. 1990)

The successful bidder is to use the following link to the Ontario Ministry of Agriculture Food & Rural Affairs (OMAFRA) to refer to other considerations involving pesticide applications including protecting the environment, pesticide disposal and pesticide spills: http://www.omafra.gov.on.ca/english/crops/resource/using-pesticides.htm

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APPENDIX “A” REQUEST FOR QUOTATIONS PROCESS TERMS AND CONDITIONS 1. Bidder’s Responsibility (1) It shall be the responsibility of each Bidder:

a) to examine all the components of this Request for Quotations (RFQ), including all appendices, forms and Addenda;

b) to acquire a clear and comprehensive knowledge of the required Deliverables before submitting a Quotation;

c) to become familiar and (if it becomes a successful Bidder) comply with all of the terms and conditions contained in this RFQ and the City’s Policies and Legislation set out on the City of Toronto website at: http://insideto.toronto.ca/purchasing/procedures.htm

(2) The failure of any Bidder to receive or examine any document, form, addendum, or policy shall not

relieve the Bidder of any obligation with respect to its Quotation or any purchase order issued based on the Bidder’s Quotation.

2. City Contact and Questions

(1) All contact and questions concerning this RFQ should be directed in writing to the City employee(s) designated as “Buyer” in the RFQ.

(2) No City representative, whether an official, agent or employee, other than those identified as “Buyer” or the Chief Purchasing Official or his/her delegate are authorized to speak for the City with respect to this RFQ, and any Bidder who uses any information, clarification or interpretation from any other representative does so entirely at the Bidder’s own risk.

(3) Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Bidder to bypass the RFQ process may be grounds for rejection of its Quotation.

(4) Commencing from the issue date of this RFQ until the time of any ensuing Award, no communication shall be made by any person, including potential Bidders, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Quotation or oppose any competing Quotation, nor shall any potential Bidder, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss this RFQ or its Quotation with any City staff, City officials or Council member(s), other than a communication with the "City Contact" identified on page 1 on this RFQ.

(5) Communications in relation to this RFQ outside of those permitted by the applicable procurement policies and this RFQ 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 $100,000.00 on each subsequent conviction. In addition, the City's Supplier Code of Conduct (Article 13 of Chapter 195, Purchasing By-law) provides that any Bidder found in breach of the policy may be subject to disqualification from the call or suspended from future call or calls at the discretion of the Chief Purchasing Official or Council.

(6) Notwithstanding anything to the contrary set out in this document, the obligations with respect to lobbying as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. More information on the Lobbying By-Law can be found at the Office of the Lobbyist Registrar's website.

3. Addenda

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If the City, for any reason, determines that it is necessary to provide additional information relating to this RFQ, such information will be communicated to all Bidders by addenda. Each addendum shall form an integral part of this RFQ. Such addenda may contain important information, including significant changes to this RFQ. Bidders are responsible for obtaining all addenda issued by the City. All Bidders must acknowledge receipt of all Addenda in the space provided on the RFQ Cover Page. 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. The City reserves the right to revise this RFQ up to the Closing Deadline. If any addendum is issued after the Deadline for issuing Addenda, the City may at its discretion extend the Submission Deadline for a reasonable amount of time.

4. Exceptions to Mandatory Terms and Conditions

If a Bidder wishes to suggest a change to any mandatory term or condition set forth in any part of this RFQ it should notify the Buyer in writing not later than three (3) Business Days before the Closing Deadline. The Bidder must clearly identify any such 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 terms and conditions that have not been accepted by the City by the issuance of an Addendum are not permitted and any Quotation that takes exception to or does not comply with the mandatory terms and conditions of this RFQ will be rejected.

5. Omissions, Discrepancies and Interpretations

A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the RFQ documentation or who is in doubt as to the meaning or has a dispute respecting any part of the RFQ should notify the Buyer noted in this RFQ in writing. 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 respecting any such disputes 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 RFQ.

6. Bidders Shall Bear Their Own Costs

Every Bidders shall bear all costs associated with or incurred by the Bidder in the preparation and presentation of its bid including, if applicable, costs incurred for samples, interviews or demonstrations.

7. Limitation of Liability

The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any Bidder prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the City of any Quotation, or by reason of any delay in acceptance of a Quotation, except as provided in this RFQ.

8. Post-Submission Adjustments and Withdrawal of Quotations

(1) No unilateral adjustments by Bidders to submitted Quotations will be permitted.

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(2) A Bidder may withdraw its Quotation prior to the Closing Deadline any time by notifying the Buyer designated in this RFQ in writing.

(3) A Bidder who has withdrawn a Quotation may submit a new Quotation, but only in accordance with the terms of this RFQ.

9. Binding Bid

(1) After the Closing Deadline each submitted Quotation shall be irrevocable and binding on Bidders for a period of 90 days

10. Supplier Code of Conduct

(1) Honesty and Good Faith

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

(2) Confidentiality and Disclosure

Bidders must maintain confidentiality of any confidential City information disclosed to the Bidder as part of the RFQ.

(3) Conflicts of Interest and Unfair Advantage

Bidders 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 Bidder foresees an actual or potential conflict of interest in the performance of the contract.

(4) Collusion or Unethical Bidding Practices

No Bidder may discuss or communicate, directly or indirectly, with any other Bidder 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. Bidders shall disclose to the Buyer any affiliations or other relationships with other Bidders that might be seen to compromise the principle of fair competition, including any proposed subcontracting relationships.

(5) Illegality

A Bidder 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.

(6) Interference Prohibited

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

(7) Gifts of Favours Prohibited

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No Bidder 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 RFQ or management of a contract.

(8) Misrepresentations Prohibited

Bidders are prohibited from misrepresenting their relevant experience and qualifications in relation to the RFQ and acknowledge that the City's process of evaluation may include information provided by the Bidder's references as well as records of past performance on previous contracts with the City or other public bodies.

(9) Prohibited Communications

No Bidder, 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 of the RFQ 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.

(10) Failure to Honour Bid

Bidders shall honour their Bid, except where they are permitted to withdraw their bid in accordance with the process described in the RFQ. Bidders shall not refuse to enter into a contract or refuse to fully perform the contract once their bid has been accepted by the City.

(11) Bidder Performance

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

(12) Disqualification for Non-Compliance with Supplier Code of Conduct

Bidders shall be required to certify compliance with the Supplier Code of Conduct in the City Policy Compliance Form (Appendix E), with their Bid and verify compliance, upon request from the Buyer, prior to award. Any contravention of the Supplier Code of Conduct by a Bidder, including any failure to disclose potential conflicts of interest or unfair advantages, may be grounds for the Chief Purchasing Official to disqualify a Bidder from the RFQ and suspend the Bidder from future procurements.

11. Failure or Default of Bidder

(1) If the Bidder, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Bidder under the terms of the RFQ, the City may at its option:

a) Consider that the Bidder has submitted a non-compliant Bid, whereupon the City may also rescind any acceptance of the Bid as null and void; or

b) Consider that the Bidder has abandoned any Agreement and require the Bidder to pay the City the

difference between its Quotation and any other Quotation 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 Bidder’s failure or default. The Bidder shall be ineligible to submit a new Quotation for any Call that the City is required to reissue as a result of the Bidder's failure or default or where the City deems that the Bidder has abandoned the Agreement.

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12. Acceptance of Quotations

(1) The City shall not be obliged to accept any Quotation in response to this RFQ.

(2) The City may modify and/or cancel this RFQ prior to accepting any Quotation.

(3) Quotations may be accepted or rejected in total or in part.

(4) The lowest quoted price may not necessarily be accepted by the City.

(5) In determining which Quotation provides the best value to the City, consideration may be given to the past performance of any Bidder. Bidders and their Affiliated Persons that are currently on a City of Toronto suspended vendor list are not eligible for an award.

(6) Quotations which are incomplete, not completed in ink, conditional or obscure or which contain additions not called for, erasures or alterations of any kind may be rejected.

(7) The City reserves the right to waive immaterial defects and minor irregularities in any Quotation.

(8) Quotations not completed in non-erasable medium and signed in ink shall be rejected.

(9) The City reserves the right to verify the validity of information submitted in the Quotation and may reject any Quotation where, in the City’s sole estimation, the contents appear to be incorrect, inaccurate or inappropriate.

(10) If the City makes a request to a Bidder for clarification of its Quotation, the Bidder will provide a written response within 48 hours accordingly, unless otherwise indicated, which shall then form part of the Quotation.

(11) The City reserves the right to assess the ability of the Bidder to perform the contract and may reject any Quotation where, in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient.

(12) The City may reject a Quotation if it determines, in its sole discretion, that the Quotation is materially unbalanced. A Quotation is materially unbalanced 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 Quotation may not result in the lowest overall cost to the City even though it may be the lowest submitted Quotation; or

c) it is so unbalanced as to be tantamount to allowing an advance payment.

13. Currency

Unless otherwise stated herein, prices quoted are to be in Canadian dollars.

14. Tied Bids

In the event that the City receives two (2) or more Bids identical in price, the City reserves the right to select one of the tied Bids as set out in the Tied Bid procedure under the Purchasing Procurement Processes Policy. The Tied Bid procedure allows for first to consider whether any of the bidders are a Diverse Supplier as defined in the Social Procurement Policy to break the tie. If no bidder is a Diverse Supplier then the tie will be broken by way of coin toss or lottery

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15. Mathematical Errors

In the event of mathematical errors found in the pricing pages, the unit prices quoted shall prevail. Extensions and totals will be corrected accordingly and adjustments resulting from the correction will be applied to the total price quoted.

16. City Confidential Information

(1) City Confidential Information provided by City staff to any Bidder or prospective Bidder in connection with, or arising out of this RFQ, the Deliverables or the acceptance of any Quotation:

a) is and shall remain the property of the City; b) must be treated by Bidders and prospective Bidders as confidential; c) must not be used for any purpose other than for replying to this RFQ, and for fulfillment of any related

subsequent contract.

17. Ownership and Disclosure of Quotation Documentation

(1) The documentation comprising any Quotation submitted in response to this RFQ, along with all correspondence, documentation and information provided to the City by any Bidder in connection with, or arising out of this RFQ, once received by the City:

a) shall become a record of the City; b) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act

("MFIPPA"), and may be released, pursuant to that Act and other Requirements of Law. (2) Because of MFIPPA, Bidders should identify in their Quotation any scientific, technical, commercial,

proprietary or similar confidential information, the disclosure of which could cause them injury. (3) Each Bidder’s name and quoted total base price shall be made public.

(4) By submitting a Quotation, the Bidder acknowledges that it will be made available to members of City Council and Committees on a confidential basis and may be released to members of the public pursuant to an access request made under MFIPPA and other Requirements of Law.

18. Intellectual Property Rights

Each Bidder warrants that the information contained in its Quotation does not infringe any third party intellectual property right 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 Quotation.

19. Selection of Successful Bidder

The highest ranked Bidder(s), as established under the evaluation of the RFQ that are recommended by the City to enter into a Contract will be so notified by the City in writing, pending any award.

20. Notification to Other Bidders

Once the Successful Bidder is notified of their selection, the other Bidders will be notified by the City in writing of the outcome of the RFQ process.

21. Debriefing

Bidders 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

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the outcome of the selection process. The intent of the debriefing information session is to aid the Bidder in presenting a better bid in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the RFQ process.

22. 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 Bidder and the City by the RFQ process until the selection of the Bidder to provide the Deliverables pursuant to an Agreement.

23. Bid Protest Procedure

1) Pre-award bid disputes.

Bidders 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 RFQ process, pending the acknowledgement and resolution of any pre-award dispute. For more information, see the Pre-Award and Post-Award Bid Dispute Process.

2) Post-award bid disputes.

Any dispute to the outcome of this RFQ 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 Bidder, shall be referred to the Treasurer or their designate(s) for an impartial review, based on the following information:

A. A specific description of each act or omission alleged to have materially breached the procurement process;

B. A specific identification of the provision in the solicitation or procurement procedure that is alleged to have been breached;

C. A precise statement of the relevant facts;

D. An identification of the issues to be resolved;

E. The Bidder's arguments, including any relevant supporting documentation; and

F. The Bidder's requested remedial action.

The Treasurer or their designate(s), in consultation with the City Solicitor, may:

A. Dismiss the dispute;

B. 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 Process.

24. Governing Law and Interpretation

The Terms and Conditions of the RFQ are to be governed by and construed in accordance with the laws of the province of Ontario, including the City's Policies and Legislation.

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APPENDIX "B" GENERAL CONTRACT TERMS AND CONDITIONS In addition to any other terms and conditions contained elsewhere in this RFQ, the following terms and conditions shall form part of the Contract between the City and the Vendor and are deemed to be incorporated into and take precedence over the terms of any purchase order(s) issued in connection with this RFQ. The order of precedence shall be: (i) the RFQ, including any appendices, schedules and Addenda; (ii) the purchase order; and (iii) the Quotation;

2. Compliance with Laws

The Vendor will be required to comply, at its sole expense, with all applicable Requirements of Law (including, without limitation, the City's Fair Wage and other policies or by-laws applicable to the City's vendors, the Ontario Fire Code, the Ontario Employment Standards Act, the Ontario Human Rights Code, the Ontario Labour Relations Act, the Workplace Safety and Insurance Act, the Income Tax Act and Occupational Health and Safety requirements) in relation to the provision of any Services, including the obtaining of all necessary permits and licences, and shall submit proof of such compliance to the City, upon request, and the Vendor shall indemnify and save the City harmless from any liability or cost suffered by it as a result of the vendor's failure to comply with this provision.

3. Non-Exclusivity

The awarding of a Contract to a Vendor shall not be a guarantee of exclusivity. 4. Confidentiality

The Vendor shall treat as confidential all information of any kind which comes to the attention of the Vendor in the course of carrying out the Services and shall not disseminate such information for any reason without the express written permission of the City or otherwise in accordance with MFIPPA or other applicable privacy law. The Vendor may be required to enter into a detailed confidentiality and conflict of interest agreement in a form satisfactory to the City Solicitor.

5. Conflict of Interest

The Vendor shall: (a) avoid any Conflict of Interest in the performance of its contractual obligations; (b) disclose to the City without delay any actual or potential Conflict of Interest that arises during the performance of its contractual obligations; and (c) comply with any requirements prescribed by the City to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or in equity, the City may immediately terminate the Contract upon giving notice to the Vendor where: (a) the Vendor fails to disclose an actual or potential Conflict of Interest; (b) the Vendor fails to comply with any requirements prescribed by the City to resolve or manage a Conflict of Interest; or (c) the Vendor’s Conflict of Interest cannot be resolved to the City's reasonable satisfaction. 6. Indemnities (1) The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council,

officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgments (including legal fees and costs) arising from or related to the

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Vendor's performance or non-performance of its obligations, including payment obligations to its approved subcontractors and suppliers and others, and including or breach of any confidentiality obligations under the Contract or infringement, actual or alleged of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists.

(2) Upon assuming the defence of any action covered under this sub-article the Vendor shall keep City of Toronto reasonably informed of the status of the matter, and the Vendor shall make no admission of liability or fault on City of Toronto's part without City of Toronto's written permission.

Intellectual Property Indemnity

The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council, officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgements (including legal fees and costs) arising from infringement, actual or alleged, by the Quotation, its use or misuse, or by any of the deliverables developed or provided or supplied under or used in connection with the Services (including the provision of the Services themselves), of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists.

Employment & WSIB Indemnity

Nothing under this Agreement shall render the City responsible for any employment, benefit or termination liability (including those under or in connection with the Workplace Safety and Insurance Act, 1997 or any successor legislation ("WSIA"), whether statutorily required, at common law or otherwise, resulting from Services supplied under this Agreement by persons employed or otherwise engaged by the Vendor. In the event that employment related costs, or other related responsibility falls to the City for any reason whatsoever, the Vendor agrees to indemnify the City for such costs.

7. Insurance The Successful Bidder agrees to purchase and maintain in force, at its own expense (including the payment of all deductibles) and for the duration of this Contract, the following policies of insurance, which policies shall be in a form and with an insurer acceptable to the City. A certificate of these policies originally signed by the insurer or an authorized agent of the insurer must be delivered to the City prior to the commencement of the Successful Bidder’s services:

a) Comprehensive General Liability, provided that the policy:

i. is in the amount of not less than FIVE Million Dollars ($5,000,000.00), per occurrence;

ii. adds the City of Toronto as additional insured; iii. has the provisions for cross-liability and severability of interest as between the

Bidder and the City of Toronto, broad form contractual liability, products/completed operations liability, owner’s/contractor’s protective liability, contingent employer’s liability, employer’s liability, broad form

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property damage liability, non owned automobile liability and personal injury liability

iv. provides for thirty (30) days’ prior written notice of cancellation or material change.

v. does not exclude the application of pesticides; and

(b) Standard Automobile Liability Insurance for all licensed owned/leased vehicles of the Successful Bidder, utilized in the performance of the work, provided that the policy is:

(i) in the amount of not less than TWO Million Dollars ($2,000,000.00) per

occurrence in respect of any one accident. 1.1 At the expiry date of the policy, the Successful Bidder shall provide original signed

certificates evidencing renewals or replacements to the City prior to the expiration date of the original policies, without notice or request by the City.

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. The successful vendor is responsible for any loss or damage whatsoever to any of its materials, goods, equipment or supplies and will maintain appropriate all-risk coverage as any prudent owner of such materials, goods, supplies and equipment. The successful 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.

8. No Assignment

The Vendor shall not assign any part of the Contract nor any interest therein without the prior written consent of the City, which consent shall not be unreasonably withheld. However, such written consent shall not under any circumstances relieve the Vendor of its liabilities and obligations under this RFQ and the Contract, including the terms of this RFQ.

9. Subcontractors

(1) The Vendor shall be solely responsible for the payment of every subcontractor employed, engaged, or retained by it for the purpose of assisting it in the performance of its obligations under the contract. The Vendor shall coordinate the provision of the Deliverables by its subcontractors in a manner acceptable to the City, and ensure that they comply with all the relevant requirements of the Contract.

(2) The Vendor shall be liable to the City for all costs or damages arising from acts, omissions, negligence or willful misconduct of its subcontractors.

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10. Personnel and Performance (1) The Vendor must make available appropriately skilled workers, consultants or subcontractors, as

appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to fulfill its obligations under the Contract.

(2) The Vendor shall be responsible for its own staff resources and for the staff resources of any subcontractors and third-party service providers.

(3) The Vendor will ensure that its personnel (including those of approved subcontractors), when using any City buildings, premises, equipment, hardware or software shall comply with all security policies, regulations or directives relating to those buildings, premises, equipment, hardware or software.

(4) Personnel assigned by the Vendor to provide the deliverables (including those of approved

subcontractors) may also, in the sole discretion of the City, be required to sign confidentiality and conflict of interest agreement(s) satisfactory to the City Solicitor.

11. Independent Contractor

The Vendor and the City agree and acknowledge that the relationship of the City and the Vendor is one of owner and independent contractor and not one of employer-employee. Neither is there any intention to create a partnership, joint venture or joint enterprise between the Vendor and the City.

11. Warranties and Covenants

The Vendor represents, warrants and covenants to the City (and acknowledges that the City is relying thereon) that any deliverable resulting from or to be supplied or developed under the Contract will be in accordance with the City’s functional and technical requirements (as set out in the RFQ) and, if applicable, will function or otherwise perform in accordance with such requirements.

12. Ownership of Intellectual Property and Deliverables

The City will own all intellectual property rights, including (without limitation) copyright, in and to all deliverables provided by the Vendor and its subcontractors. All information, data, plans, specifications, reports, estimates, summaries, photographs and all other documentation prepared by the Vendor in the connection with the provision of the Deliverables under the Contract, whether they be in draft or final format, shall be the property of the City.

13. Termination Provisions

(1) Upon giving the Vendor not less than 30 days’ prior written notice, the City may, at any time and without cause, cancel the Contract, in whole or in part. In the event of such cancellation, the City shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or performed by the Vendor at the time of cancellation.

(2) Failure of the Vendor to perform its obligations under the Contract shall entitle the City to terminate the Contract upon ten (10) calendar days’ written notice to the Vendor if a breach which is remediable is not rectified in that time. In the event of such termination, the City shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or performed by the Vendor at the time of termination.

(3) All rights and remedies of the City for any breach of the Vendor's obligations under the Contract shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly,

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jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Contract or otherwise at law.

(4) No delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy.

14. Liquidated Damages

If the vendor at any time fails to supply all goods or services to the City as specified within the Contract, or fails to replace goods or services rejected by the City, then the City shall be permitted to procure such goods or services elsewhere and charge any additional costs incurred by the City to the vendor as liquidated damages, unless otherwise specified, and deduct such amounts from payments due to the vendor or to otherwise collect such costs from the vendor by any other method permitted by law.

15. Right to Retain Monies

The City shall have the right to retain out of monies payable to the vendor under the Contract the total amount outstanding for time to time of all claims arising out of the default of the vendor of its obligations to the City. This shall include claims pursuant to this or any other contract or cause of action between the vendor and the City which have not been settled between the City and the vendor.

16. Occupational Health and Safety

(1) The Vendor shall comply with all federal, provincial or municipal occupational health and safety legislative requirements, including, and without limitation, the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").

(2) Nothing in this section shall be construed as making the City the "employer" (as defined in the

OHSA) of any workers employed or engaged by the Vendor for the Work, either instead of or jointly with the Vendor.

(3) The Vendor agrees that it will ensure that all subcontractors engaged by it are qualified to perform the Work and that the employees of subcontractors are trained in the health and safety hazards expected to be encountered in the Work.

(4) The Vendor acknowledges and represents that:

a) The workers employed to carry out the Work have been provided with training in the hazards of the Work to be performed and possess the knowledge and skills to allow them to work safely;

b) The Vendor has provided, and will provide during the course of the agreement, all necessary personal protective equipment for the protection of workers;

c) The Vendor’s supervisory employees are competent, as defined in the OHSA, and will carry out their duties in a diligent and responsible manner with due consideration for the health and safety of workers;

d) The Vendor has in place an occupational health and safety policy in accordance with the OHSA; and e) The Vendor has a process in place to ensure that health and safety issues are identified and addressed

and a process in place for reporting work-related injuries and illnesses.

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(5) The Vendor shall provide, at the request of the General Manager or his designate, the following as proof of the representations made in paragraph d(i) and d(iv):

a) documentation regarding the training programs provided or to be provided during the Work (i.e. types of training, frequency of training and re-training); and

b) the occupational health and safety policy. (6) The Vendor shall immediately advise the General Manager or his designate in the event of any of

the following:

a) A critical injury that arises out of Work that is the subject of this agreement;

b) An order(s) is issued to the Vendor by the Ministry of Labour arising out of the Work that is the subject of this agreement;

c) A charge is laid or a conviction is entered arising out of the Work that is the subject of this agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code, R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, as amended.

(7) The Vendor shall be responsible for any delay in the progress of the Work as a result of any violation

or alleged violation of any federal, provincial or municipal health and safety requirement by the Vendor, it being understood that no such delay shall be a force majeure or uncontrollable circumstance for the purposes of extending the time for performance of the Work or entitling the Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the final completion of the Work without additional cost to the City.

(8) The parties acknowledge and agree that employees of the City, including senior officers, have no

authority to direct, and will not direct, how employees, workers or other persons employed or engaged by the Vendor do work or perform a task that is the subject of this agreement.

17. Workplace Safety and Insurance Board The Vendor shall secure, maintain and pay all costs for Workplace Safety and Insurance Board ("WSIB") workers’ compensation coverage for its employees providing Services under this contract, whether required statutorily or not under the Workplace Safety and Insurance Act, 1997. The Vendor represents and warrants that it shall be in good standing with the WSIB throughout the Term of this Contract. Prior to supplying the Services and prior to receiving payment, the Vendor shall produce a Clearance Certificate issued by the WSIB confirming that the Vendor has paid its assessment based on a true statement of the amount of its current payroll in respect of the Services and that the City is relieved of financial liability. Thereafter, throughout the period of Services being supplied, a new Clearance Certificate will be obtained from the WSIB by the Vendor and provided to the City every 90 days or upon expiry of the Certificate's validity period whichever comes first. The Vendor shall ensure that any and all persons, including but not limited to volunteers, students, subcontractors and independent contractors, providing services under this Contract have secured WSIB coverage, whether required statutorily or not, for the term of this Contract.

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18. Accessibility Standards for Customer Service Training Requirements The Vendor shall require all applicable personnel (including those of its subcontractors) to fulfill the training requirements set out in the City's policy on Accessible Customer Service Requirements for Contractors, Consultants and other Service Providers.

19. City of Toronto – Invoice/Billing Requirements To assist in prompt payment, it is essential that all required billing information is provided on the invoice submitted to the City of Toronto. If billing information is missing from an invoice it will result in a payment delays. It is the Vendor's responsibility to submit accurate invoices for goods /services delivered to the City of Toronto divisions. If an inaccurate invoice (ie: but not limited to, pricing, quantity or services provided) is submitted, the Vendor will be requested to issue a credit note and submit a new invoice. If the invoice in question offered an early payment discount, the re-issue date of the new invoice will be used to calculate the early payment discount terms. 19.1 Standard Invoices: 1) Original hardcopy vendor invoices must be addressed and sent DIRECTLY to: City of Toronto Accounting Services Division Corporate Accounts Payable 55 John Street 14th Floor, Metro Hall Toronto, ON M5V 3C6; or 2). Electronic Invoices To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email to [email protected] . Electronic invoices submitted must be in a PDF format with either single or multiple invoice(s) per attachment. Note: Do not send statements or past due invoices to this email address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted an electronic invoice. If you have any questions regarding this process, please contact AP Customer Service at 416-397-5235 and follow the prompts. 3) Invoice/s submitted to the City of Toronto must have complete ship to information including:

I. Name of City Division, II. The City Division’s contact name and phone number (the person ordering or picking up

the goods and/or services), III. Delivery location of goods and/or services (excluding pick-up order),

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IV. Purchasing document information on the invoice (blanket contract number, contract release order number (CRO) purchase order (PO) or Divisional Purchase Order (DPO) must be clearly indicated on the invoice.

V. Complete "Remit To" address is required on all submitted vendor invoices A purchasing document number must be provided by City Staff at time of order for goods or services. 4) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts Payable. These invoices are considered paid. 5) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to the

ordering Division for goods/services delivered. 6) Vendors are to provide backup documentation directly to the ordering Division, not Corporate

Accounts Payable. 19.2) Construction Contracts & Consultant Assignments related to Capital Projects – With a

Holdback only. Invoices related to an approved capital project with a holdback and managed by a Contract Administrator (CA) must be forwarded to the CA for review and approval. Billing requirement direction will be provided by the contract custodian or city divisional designate prior to the start of the Contract. 1) All invoices must be addressed and sent DIRECTLY to: Contract Administrator

City of Toronto Address Contact Info: Phone #, E-mail address Note: Contact Information of respective CA will be provided in writing, prior to the start of the contract. 2) Invoice/s submitted to the City of Toronto Contract Administrator must have complete information including:

I. Contract/Project Number II. Name of City Division and Contract Administrator

III. Vendor Number IV. Vendor Name and address V. The City Division’s contact name and phone number (the person ordering or picking up

the goods and/or services), VI. Description of work/ Project Name

VII. Location of work VIII. Bill through Dates(Work Done): from and to

IX. Invoice Date X. Sub-total Amount: Excluding all taxes

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XI. Total Invoice Amount; Including all taxes Purchasing document information on the invoice (blanket contract number, contract release order number (CRO) purchase order (PO) or Divisional Purchase Order (DPO), must be clearly indicated on the invoice. (*This purchasing number should be provided by City staff at the time of order*)

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APPENDIX “C” PRICE FORM

UNIT PRICES QUOTED SHALL INCLUDE PEST CONTROL SERVICES, EXCLUDING HARMONIZED SALES TAX (HST)

IN THE EVENT OF MATHEMATICAL ERRORS FOUND IN THE PRICING PAGES, THE UNIT PRICES QUOTED SHALL PREVAIL. EXTENSIONS AND TOTALS WILL BE CORRECTED ACCORDINGLY AND ADJUSTMENTS RESULTING FROM THE CORRECTION WILL BE APPLIED TO THE TOTAL PRICE QUOTED.

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PART 1 - Table A

1 SW TDO - Bermondsey Transfer Stations188 Bermondsey Road, North York 24 -$

2 SW TDO - Commissioners Transfer Stations400 Commissioners Street, Toronto 24 -$

3 SW TDO - Disco Transfer Stations120 Disco Road, Etobicoke 24 -$

4 SW TDO - Dufferin Transfer Stations35 Vanley Crescent, North York 24 -$

5 SW TDO - Ingram Transfer Stations50 Ingram Drive, North York 24 -$

6 SW TDO - Scarborough Transfer Stations1 Transfer Place, Scarborough 24 -$

7 SW TDO - Victori Park Transfer Stations3350 Victoria Park Ave, North York 24 -$

9 SW TDO - Keele Valley Landfills7 Eaglet Court, Maple 12 -$

10 SW TDO - Brock West LandfillsConc 3, West of Brock Road, Pickering 12 -$

12 SW C&LO - Ingram Yard86 Ingram Drive, North York 4 -$

13 SW C&LO - Bermondsey Yard25 Old Eglinton Avenue, North York 4 -$

14 SW C&LO - Ellesmere Yard2000 Midland Avenue, Scarborough 4 -$

15 SW C&LO - Yonge Street Yard1008 Yonge Street, Toronto 4 -$

16 Transporation Services 1116 King Street 14 -$

17 Transportation Services 1401 Castlefield Ave 14 -$

18 Transportation Services 677 Wellington St 5 -$

19 Transportation Services 40 Toryork Drive 1 -$

20 Transportation Services 64 Murray Road (Murray Yard) 12 -$

21 Transportation Services 251 Esther Shiner Blvd. (Oriole Yard) 12 -$

22 Transportation Services 2000 Midland Ave, Bldg A 6 -$

23 Transportation Services 891 Moningside Ave 6 -$

24 Transportation Services7 Leslie Street 15 -$

25 Transportation Services433 Eastern Avenue 15 -$

26 Transportation Services 8270 Sheppard Sheppard Ave 6 -$

Unit Price(B) Item Location

Estimated annual # of Services

(A)

Schedule "A"- Price Form

Extended Price (A*B)

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27 Transportation Services 320 Bering Ave Building B, C, D, E 48 -$

28 Transportation Services 61 Toryork Drive 12 -$

29 Seaton House, service every two weeks, minimum four hours per visit - Service Day 26 -$

30 Seaton House, cleanout service, 100,000 sf.1 -$

31 Downsview Dells, service once per month, minimum 1.5 hours per visit 12 -$

32 Downsview Dells, cleanout service, 5,200 sf1 -$

Birkdale Residence, service once per month12 -$

Birkdale Residence, cleanout service, 35,693 sf.1 -$

33 Fort York Residence, service once per month, minimum 1.5 hours per visit once per month, 12

34 Fort York Residence, cleanout service, 26,000 sf1

35 Birchmount Residence, service once per month, minimum 1.5 hours per visit 12

36 Birchmount Residence, cleanout service, 7,000 sf1

37 Women's Residence, service every two weeks, minimum two hours per visit 26

38 Women's Residence, cleanout service, 28,266 sf1

39 Robertson House, service every two weeks, minimum 1.5 hours per visit 26

40 Robertson House, cleanout service, 19,795 sf1

41 Family Residence + office areas, service once per month, minimum 2 hours per visit 12

42 Family Residence cleanout service, 40,000 sf4

43 Adelaide Resource Centre, service once per month, minimum 1.5 hours per visit 12

44 Adelaide Resource Centre, cleanout service, 15,898 sf 1

45 129 Peter St., service once per month, minimum 1.5 hours per visit 12

46 129 Peter St., cleanout service, 13,161 sf1

47 Bellwoods House, service once per month, minimum 1.5 hours per 12

48 Bellwoods House, cleanout service, 3,256 sf1

*Price to be copied to Table L line item 1-$ Total Table A*:

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PART 1 - Table B

1Fogging 20 -$

2 Spraying 20 -$

PART 1 - Table C

1Fogging 1 -$

2 Spraying 1 -$

PART 1 - Table D

1Fogging 3 -$

2 Spraying 3 -$

*Price to be copied to Table L line item 4

Estimated annual # of Services

(A)

*Price to be copied to Table L line item 2

*Price to be copied to Table L line item 3

Total Table C*:

Item

Total Table D*: -$

-$

-$

Extended Price (A*B)

Extended Price (A*B)

Hourly rate for Cockroach Control

Unit Price(B)

Extended Price (A*B)

Total Table B*:

Fly Control

Estimated annual # of Services

(A) Unit Price

(B) Item

Item Maggot Control

Estimated annual # of Services

(A) Unit Price

(B)

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PART 1 - Table E

1Interior 22 -$

2Exterior 19 -$

PART 1 - Table F

1 Business hours 8:00am to 5:00pm, Monday to Friday 35 -$

2 After Business hours, Saturdays, Sundays & Statutory Holidays 4 -$

PART 1 - Table G

1Interior 6 -$

2 Exterior 6 -$

PART 1 - Table H

1 Regular hours 8:00am to 5:00pm, Monday to Friday

27-$

2 After regular hours, Saturdays, Sundays & Statutory Holidays

7-$

PART 1- Table I

1 Bed Bug Service 1 -$

-$

*Price to be copied to Table L line item 8

Extended Price (A*B)

-$

-$

*Price to be copied to Table L line item 5

*Price to be copied to Table L line item 6

Total Table F*:

ItemFlat rate for inspection and re-baiting of rodant

traps

Estimated annual # of Services

(A)

-$

Estimated annual # of fly-strips

(A)

Estimated annual # of Stations

(A)

Item Setup traps for Racoon Station

Estimated annual # of Stations

(A)

Item

Total Table G*:

Total Table H*:

*Price to be copied to Table L line item 7

Unit Price(B)

Item Bed Bug Services for SSHA Estimated annual

# of Stations Unit Price

(B)

Unit Price(B)

Extended Price (A*B)

Extended Price (A*B)

Extended Price (A*B)

Extended Price (A*B)

Unit Price(B)

Item Flat rate for replacement of fly-strips

Total Table E*:

Setup traps for Rodent Station

Unit Price(B)

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*Price to be copied to Table L line item 9

PART 1 - Table J (TTC)

1Control of cockroaches and miscellaneous pests on TTC vehicles

2 Control of bedbugs inspections on TTC vehicles 2,515-$

3Control of bedbugs (steaming & vacuuming service) on TTC vehicles

101-$

4 Pigeon control 101 -$ 2,610 -$

ITEM DESCRIPTIONEstimated Hours

(A)Hour Rate

(B)Extended hours

(A*B)

1

Hourly rate for labour during normal working hoursMonday through Friday, 7:00 AM to 5:00 PM

330 -$

2

Hourly rate outside of normal working hours (Monday – Friday)(after 5:00 p.m.) 110 -$

3 Hourly rate for labour for Saturday and Sundays 30 -$

4Hourly rate for Emergency Services and Statutory Holidays 20 -$

-$

Summary for Price Schedules PART 1 and PART 2 - Table L

Item Description1 Total Table A Total Price2 Total Table B $ -

3 Total Table C $ -

4 Total Table D $ -

5 Total Table E $ -

6 Total Table F $ -

7 Total Table G $ -

8 Total Table H $ -

Total Table I $ -

9 Total Table J $ -

*Price to be copied to Table L line item 10

Item Description Est. yearly number of

applications Unit Price

(B) Extended Price (A*B)

PART 2

Total Table I*: -$

-$ Total Table J*:

Total Price for Part 2*:

TRAVEL CHARGES MUST BE INCLUDED FOR THE DURATION OF THE CONTRACT.

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10 Total Part 2 Table A $ -

11 Subtotal $ -

12 Contingency for Solid Waste Services Division $ 7,000.00

13 Contingency for Transportation Services Division $ 1,000.00

14 Contingency for Shelter, Support & Housing Administration

$ 5,000.00

15 Grand Total Part 1**Grand Total Part 1 and Part 2 is to be tranferred to page (2) of the RFQ documents in order for your bid to be considered.

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Bidder must state the percentage above trade cost for miscellaneous materials which shall remain firm for the entire term of the Contract, including any option years. Miscellaneous

materials refers to materials required for unforeseen circumstances, infestations or problems that arise outside of the services covered in the Schedule “A” and Schedule “B” Price Forms. Miscellaneous materials shall only be purchased with prior written approval from the City. The City will not be responsible for the cost of any miscellaneous materials

if prior written approval from the City is not obtained.

Miscellaneous Materials:

PART 3MISCELLANEOUS MATERIALS PRICE FORM

Miscellaneous materials are to be provided and charged at “TRADE COST” plus a percent markup for overhead, profit, delivery, and all other charges to be valid for the entire term of the contract including all option years. No additional costs or charges will be considered. Trade Cost shall mean the actual cost to YOUR ORGANIZATION after deduction for all trade discounts. Exclude Ontario Retails Sales Tax (PST) and Goods and Services Tax (GST). The Bidder must be prepared to provide the City of Toronto with proof of “Trade Cost” within five (5) business days of a request. Specifically, a copy of their trade invoice as well as the corresponding copy of the invoice issued to the City for any item or service specified by the City to validate that the mark-up structure applied by the supplier complies with the mark-up structure detailed below.

Percentage mark-up over "Trade Cost" for miscellaneous materials: _________ %

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ITEMService Charge

Hourly Rate

1

2

3

Saturday and Sunday

Holiday Schedule

The hourly service charge must include all labour, materials, services, equipment and transportation, excluding all taxes. (Refer to Section 7.2 of the RFQ document)

DESCRIPTION OF HOURS

Structural Exterminator – Termite

7:00 a.m. until 5:00 p.m

5:00 p.m. until 11:59 p.m.

Saturday and Sunday

PART 4

Holiday Schedule

Structural Exterminator – Greenhouse/Interior Plant

7:00 a.m. until 5:00 p.m

5:00 p.m. until 11:59 p.m.

Land Exterminator – Landscape

7:00 a.m. until 5:00 p.m

5:00 p.m. until 11:59 p.m.

Saturday and Sunday

Holiday Schedule

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APPENDIX “D” – SUPPLEMENTARY FORMS

1) Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy

2) Statutory Declaration (Occupational Health & Safety)

3) Bidder References Form

4) Sub-Contractors

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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. Name of Vendor or Name of Grant Applicant (Organization or Individual): Complete Address: Email _____________________________ Tel. No. ____________________________ Postal Code: Fax No. ____________________________ Name of Signing Officer or Name of Applicant (Name – please print): Position Signature: Date:

Authorised Signing Officer or Individual

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Multilingual Services: 311 and TTY 416-338-0889.Further information: www.toronto.ca/diversity.ca

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STATUTORY DECLARATION (Occupational Health & Safety)

PROVINCE OF ONTARIO ) JUDICIAL DISTRICT OF YORK )

IN THE MATTER OF RFQ NO. __________ AND ANY ENSUING CONTRACT BETWEEN

_______________________________________________

(Company Name)

- AND -

City of Toronto I, ______________________________ of the City/Town/Village of ___________________________ in the Province

(Name) of _____________________________, do solemnly declare the following:

(Name of Province) 1. I am the ___________________________ of the ____________________________ and as such

(Insert Title) (Insert Company Name) have knowledge of the matters herein stated. 2. __________________________ is a sole proprietorship/partnership/corporation with its head office

(Company Name) located at________________________ and has carried on business as a_______________________________________

(contractor/state other type of business) since on or about_____________________.

(Insert Date) 3. _______________________________ since__________________ had in place a Health and Safety

Policy (Company Name) (Insert Date)

under Section 25(2) (j) of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 as amended, (the “Act”) and has/have developed and maintain(s) on an annual basis a program to implement the written Occupational Health and Safety Policy. A copy of the policy and program for________________________ (Insert Company Name) will be delivered to the City of Toronto upon request by the City and will be available for inspection at the City of Toronto, solely for the purposes of

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the above noted Contract. 4._______________________________ since__________________ had in place a Workplace Violence and a

(Company Name) (Insert Date) Workplace Harassment Policy under Section 32.0.1(1) of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 as amended, (the “Act”) and has/have developed and maintain(s) on an annual basis a program to implement the written Workplace Violence and Workplace Harassment Policy. A copy of the policy and program for________________________ (Insert Company Name) will be delivered to the City of Toronto upon request by the City and will be available for inspection at the City of Toronto, solely for the purposes of the above noted Contract. 5._______________________________ (Insert Company Name) will employ for the Work under this

Contract a supervisor or supervisors who are competent persons as defined by section 1(1) of the Act, and specifically a person or persons who: (a) are qualified because of knowledge, training and experience to organize the Work and its

performance;

(b) are familiar with the Act and the regulations made thereunder that apply to the Work; and

(c) have knowledge of any potential or actual danger to health and safety associated with the Work.

6.________________________________________ (Insert Company Name) will employ for the purpose of

this project the following competent supervisors: __________________________________________ (Insert name of supervisors)

No supervisors other than those named shall work on this Contract.

7. The supervisors employed by________________________________________ (Insert Company Name) has successfully completed the necessary health and safety courses to be considered a competent person to undertake the Work described in the Contract.

AND I/We make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and

effect as if made under oath and by virtue of “The Canada Evidence Act”.

DECLARED BEFORE ME AT THE ) )

OF ) )

IN THE ) _____________________________________________ ) Signing Officer for Company

THIS DAY OF 20___. ) )

A Commissioner etc. )

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BIDDER REFERENCES FORM 1. Company Name: ______________________________

Contact Name/Title: ______________________________

Telephone Number: ______________________________

Email: ______________________________

Supplied Pest Control Services Yes No

2. Company Name: ______________________________

Contact Name/Title: ______________________________

Telephone Number: ______________________________

Email: ______________________________

Supplied Pest Control Services Yes No

3. Company Name: ______________________________

Contact Name/Title: ______________________________

Telephone Number: ______________________________

Email: ______________________________

Supplied Pest Control Services Yes No

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List of Sub-Contractors Bidders should indicate if any agent or subcontractors will be performing any part of the services outlined in the RFQ and shall provide details on who they are and the service(s) the agent/subcontractors shall perform. The Successful Bidder shall be solely responsible for any agent or subcontractor involved in assisting with the performance of the contract. Where agent or subcontractor will be providing pesticide application, bidder must submit with bid submission or within five (5) business day of request, name of exterminator and their exterminator licence #, and under which Operator licence they will operate under. Certified Technicians and trainees will not be accepted. Bidders must fill out the attached form indicating any agent or subcontractors that may be assigned to this service.

Company Name Contact Name/Title

Email address Phone Number

Services that will be performed

1.

2.

3.

4.

5.

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APPENDIX E - CITY POLICY COMPLIANCE FORMS

(Also See City Policies Listed in Appendix "E1")

POLICIES The Bidder has read, understood and agrees to comply with the terms and conditions contained in this RFQ and the City’s Policies and Legislation set out on the City of Toronto website at: http://www.toronto.ca/purchasing/policies DECLARATION OF COMPLIANCE WITH THE CITY'S SUPPLIER CODE OF CONDUCT By signing this form, the Bidder acknowledges that it has read and understands its obligations under the Supplier Code of Conduct and further certifies that the Bidder, and any of its proposed subcontractors, will provide the services in compliance with the Supplier Code of Conduct. Refer to the Supplier Code of Conduct in Article 13 of Chapter 195, Purchasing, of the Toronto Municipal Code.

PROHIBITION AGAINST COLLUSION AND UNETHICAL BIDDING If the box below is left blank, the Bidder will be deemed to declare that it had no affiliation or other relationships with other Bidders that might be seen to compromise the principle of fair competition, including any proposed subcontracting relationships. If the Bidder declares an affiliation or other relationship with other Bidders that might be seen to compromise the principle of fair competition, the Bidder must set out the details below:

Refer to the Supplier Code of Conduct mentioned above.

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PROHIBITION AGAINST ILLEGALITY If the box below is left blank, the Bidder will be deemed to declare that is has no previous convictions of itself or affiliated persons for collusion, bid-rigging, price-fixing, bribery, fraud, or other similar behaviors or practices prohibited under the Criminal Code, the Competition Act, or other applicable law, for which the Bidder has not received a pardon. If the Bidder declares that it has previous convictions of itself or affiliated persons, the Bidder must set out the details below:

Refer to the Supplier Code of Conduct mentioned above.

CONFLICTS OF INTEREST OR UNFAIR ADVANTAGE

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

(a) in relation to the procurement process, the Bidder has, or is seen to have, 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 Bidders, (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

(b) in relation to the performance of its contractual obligations contemplated in the contract that is the subject of this procurement, the Bidder’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.

Potential Conflicts of Interest or unfair advantage include, but are not limited to: (1) Engaging current or former City employees or public office holders to take any part in the preparation of the proposal or the performance of the contract if awarded, any time within two (2) years of such persons having left the employ or public office of the City;

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(2) Engaging any family members, friends or private business associates of any public office holder which may have, or appear to have, any influence on the procurement process or performance of the contract, if awarded; (3) Prior involvement by the supplier or affiliated persons in developing the technical specifications or other evaluation criteria for the solicitation; (4) Prior access to confidential City information by the supplier, or affiliated persons, that is materially related to the solicitation and that was not readily accessible to other prospective Bidders; or (5) The Bidder or its affiliated persons are indebted to or engaged in ongoing or proposed litigation with the City in relation to a previous contract. If the box below is left blank, the Bidder will be deemed to declare that (a) there was no Conflict of Interest in connection with preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in this RFSQ process. The Bidder declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the Bidder foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the procurement. If the Bidder declares an actual or potential Conflict of Interest, the Bidder 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. Bidders may include this information on a separate sheet if more space is required) The Bidder agrees that, upon request, the Bidder shall provide the City with additional information from each individual identified above in a form prescribed by the City.

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PURCHASE OF PRODUCTS MANUFACTURED IN FACTORIES WHERE CHILDREN ARE USED AS SLAVE LABOUR OR OTHER EXPLOITIVE CIRCUMSTANCES WHICH IMPEDES CHILD DEVELOPMENT (if applicable) Purpose: To advise suppliers that the City of Toronto does not wish to encourage the use of products manufactured in factories where children are used as slave labour or other exploitive circumstances which impedes child development. Policy: Bidders must state where the products offered have been made. City Council does not wish to see products used that have been made in factories in countries where children are used as slave labour or other exploitive circumstances, which impedes child development. Therefore, preference will be given to bidders that obtain products from any country other than the aforementioned, but this criteria will not be used to disqualify any bidder. Bidders must state where the products offered have been made: _______________________ (Specify) Bidders to state if products offered have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development: ____________________ (Specify)

This policy will be considered in the evaluation of all Bids received. ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT (if applicable) For a copy of the City of Toronto Environmentally Responsible Procurement Policy, please download a copy of the Policy at http://www.toronto.ca/calldocuments/pdf/environment_procurement.pdf State if environmentally preferred products/service is being offered: YES______ NO______ State briefly the environmental benefit of the product/service offered: ____________________________________________________________________________________ ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES STANDARDS The Bidder acknowledges that it shall deliver, as appropriate for each Deliverable, accessible and inclusive Services consistent with the Ontario Human Rights Code (OHRC), the Ontarians with

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Disabilities Act, 2001 (ODA) and Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its regulations in order to achieve accessibility for Ontarians with disabilities. Bidders are also required to comply with the City’s accessibility standards, policies, practices, and procedures, which may be in effect during the Term of the Agreement and which apply to the Deliverables. The accessible customer service training requirements which are applicable to the Deliverables may be reviewed at: https://www.ontario.ca/laws/regulation/110191 DISCLOSURE OF BID INFORMATION The Bidder hereby agrees that any information provided in this Bid, 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 Bidder hereby consents to the disclosure, on a confidential basis, of this Bid by the City to the City’s advisers retained for the purpose of evaluating or participating in the evaluation of this Bid. The Bidder shall provide the City with ongoing disclosure, should the Bidder be awarded a contract and any of the information or representations provided in this form no longer be accurate.

___________________________________________________ SIGNATURE OF AUTHORIZED SIGNING OFFICER ___________________________________________________ PRINTED NAME OF SIGNING OFFICER I have authority to bind the Bidder and attest to the accuracy of the information provided in this Bid

THIS FORM IS A MANDATORY SUBMISSION REQUIREMENT

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APPENDIX “E1” – APPLICABLE CITY POLICIES

For a copy of the City of Toronto Procurement Policies, please download a copy of the Policy by clicking any of the links as provided below or by visiting the following website (www.toronto.ca/purchasing/policies):

(1) FAIR WAGE POLICY*

*Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07)

The policy and schedules are available on the Fair Wage Office website – www.toronto.ca/fairwage LABOUR TRADES CONTRACTUAL OBLIGATIONS IN THE CONSTRUCTION INDUSTRY* Labour Trades Contractual Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

(2) ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING REQUIREMENTS POLICY

(3) POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION

OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST

(4) ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT

(5) POLICY ON DONATIONS TO THE CITY FOR COMMUNITY BENEFITS

(6) RIGHT TO REJECT DEBTORS AND SET OFF POLICY

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APPENDIX “E2” – FAIR WAGE SCHEDULE

The Fair Wage Schedule that is applicable to this Call is the:

Please review a copy of the Fair Wage Schedule applicable to this Call. The Fair Wage Schedules can be found at the following website:

http://www.toronto.ca/fairwage

In the event that other Fair Wage Schedules may overlap the work covered by this Contract or if you have any questions with respect to the Fair Wage Policy or the Fair Wage Schedules please contact the Fair Wage Office by:

Tel: (416) 392-7300 Fax:(416) 392-0801 E-Mail: [email protected]

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APPENDIX F ADDITIONAL SPECIFICATIONS FOR SSHA Bidders must provide a quote for Product(s) and/or Service(s) that meet or exceed the minimum specifications and requirements detailed in this section.

This specification applies to pest control and pest monitoring of the interior and exterior areas of various locations within the City of Toronto’s Shelter, Housing and Support Division – Shelter Locations. These locations shall be chemically and/or non-chemically treated and/or monitored by the Bidder as required, to control pests. The mandate is to manage pests through proper sanitation and housekeeping practices, habitat modification and the involvement of mechanical and biological methods rather than the use of pesticides whenever possible. During or before the commencing of any pest control procedure, which contains liquid or dust formula, only the least toxic and most effective method will be used in a manner that minimizes exposure to tenants and City staff. Integrated pest management procedure must also be carried out in a fashion that is environmentally responsible. The Bidder shall only apply pesticides for which they are licensed and only federally and provincially approved pesticides shall be used. The bidder shall submit a list of pesticides to be used along with sample labels and Material Safety Data Sheets (MSDS). MSDS sheets or product data sheets (for non-WHMIS controlled products) shall be provided to the building or property services supervisor, for all products used to control pests at all locations. The pesticide list shall be changed as Federal, Provincial or Local regulations change and new products become approved or existing ones become restricted. Materials included: All materials, pesticides and rodenticides required to control the pests covered are to be included in the bid price. Materials excluded: Any permanent placement of rodent control and fly control devices such as exterior bait stations, catchalls and light traps shall be an additional charge and will become the property of the purchaser. 1.2 Detailed Requirements Applies to interior and exterior pest control: a) Any resident or entry breeding conditions identified during or after treatment shall be treated to the

acceptance of the user, e.g. wasp nests, rat nests, pigeon nests. b) “Service” is a complete spray or gel of all building common areas, office areas (interior and exterior) and

accessible areas as determined by the building or property services supervisor. c) “Clean Out” is in addition to a “Service” is a complete spray or gel of all sleeping areas and their furniture

(night stands, lockers, bedframes and cabinets) plus any area not usually accessible.

d) Bed Bug Services will be priced on a per room basis (an average room consists of 4 beds) and will include at a minimum but not limited to; residual spray and steam using a two stage process - initial inspection & treatment plus follow up visit to inspect and if necessary, retreat. Service will include dry steam & vacuum

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of all cracks, crevices, baseboards, furniture and drapery within identified room / area. . If required, apply non-toxic treatment or chemicals to eradicate bed bugs. All work to be warranted.

1.3 Protection

Chemicals used shall leave minimal stains on surfaces where they are applied. Remove any overspill from surfaces where placing of hands may occur. Empty containers and/or packages to prevent contamination or ingestion by occupants.

1.4 Warranty

The Successful Bidder shall warrant the work done to ensure the elimination of pests for a period of 90 days following treatment. Areas requiring re-treatment within this period will be treated as no additional cost to the City. Basis for warranty work will be determined by staff complaints.

1.5 Work Not Included

The Successful Bidder shall submit written notification to the City regarding evidence of any infestation not covered by these specifications or any condition, which may bring about an infestation of any kind. Such notification shall be forwarded to the centre supervisor.

1.6 Pest Control - Monitoring, Reporting and Treatment a) The provision for monitoring, reporting, advisory service and treatment shall include user receipt of:

1) Inspections for pest activity and prevention, 2) Identification of pests found and expert advice of preventative non-chemical and chemical

measures for pest control, 3) Localized application of chemical pesticides as required, 4) Documentation of all such examinations, advice and use of chemical pesticides

1.7 Inspections and Interim Reports a) The Successful Bidder shall conduct inspections of all locations specified for pest activity and provide

interim summary reports of pest evidence and recommendations for follow-up action each month. b) Inspection and interim reports shall be submitted to the centre supervisor within seven (7) days of each

inspection. Reports shall include inspection date, pest discoveries (including identification of pests, location and degree of activity, resultant and potential damage), and preliminary recommendations for follow up action.

1.8 Pesticide Application

The Successful Bidder shall provide the centre supervisor with a written descriptive report of pesticide use upon completion of an application. Reports shall include details of product type used, chemical ingredients, quantity applied and method, locations, time and date of application.

1.9 Vendor’s Responsibilities with respect to Occupational Health and Safety

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1. Refer to Appendix B – General Terms and Conditions, Item 16 – Occupational Health and Safety above.

2. During execution of this Work, the Vendor shall ensure that:

i. worker safety is given first priority in planning, and performing the Work;

ii. its officers and supervisory employees have a working knowledge of the duties of a “constructor” and “employer” as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them;

iii. a copy of the most current version of the Act and the Regulations are available at the Vendor’s office

within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work;

3. Only Competent Workers, as defined by the Occupational Health and Safety Act, may perform work with

Hazardous or Controlled Products. No hazardous products which are “designated substances” and/or “known human cancer-causing agents” (see attached Appendix B) may be used in the performance of the work, unless pre-authorized by the City’s Representive. The Vendor shall not bring into the Work Site any Hazardous or Controlled Product without maintainng at the Work site, in a manner ensuring easy availability for all workers and authorized City Representatives, a copy of the relevant material safety data sheet.

4. Before starting the Work, the Vendor shall provide the City with written evidence that:

i. The Vendor has provided his employees and sub-trades with instructions and training in handling and use of Hazardous and Controlled Products (WHMIS training) and other training required by the Occupational Health and Safety Act.

ii. The Vendor has an Occupational Health and Safety Policy and Procedures, including an emergency

plan for addressing a critical injury, accident or incident as defined by the Occupational Health and Safety Act. A copy of the policy, procedures and emergency plan shall be provided.

iii. The Vendor is registered with the Workplace Safety and Insurance Board (WSIB). An up to date

WSIB Clearance Certificate shall be submitted.

5. All Vendor’s Safety Reports, where applicable, shall be completed and submitted to the City.

6. When building records or test results indicate the presence of a designated substance, specific information on its condition and location will be provided to the Vendor by the Owner.

7. The Vendor shall advise the Owner of work procedures to be followed to minimize worker exposure to a

designated substance(s), when the potential for disturbance of a designated substance(s) exist(s) in Work to be performed.

8. The City’s Representative will stop the work immediately for any major violation of the Occupational

Health and Safety Act or its regulations. The Vendor shall not resume the work until any such violation has been rectified.

9. Where required, the Vendor shall provide appropriate first aid material and any other measures required

for emergency use as identified in the emergency plan on site.

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1.10 Workplace Hazardous Materials Information System (WHMIS)

1. The Vendor must ensure that all WHMIS-controlled products used in performing the work are appropriately labeled.

2. The Vendor must maintain, at all times during the work, copies of material safety data sheets for WHMIS-controlled products on site in an easily accessible location.

3. The Vendor must comply with the requirements of WHMIS legislation regarding the use, handling, storage and disposal of hazardous materials.

4. Further to the requirements of WHMIS, the Vendor shall ensure that the application of flammable or toxic materials is commenced only after the following requirements are met: a) Adequate ventilation is provided during and after application;

b) Enclosures are provided, when required, to contain fumes/vapours within the application area;

c) The building heating, ventilating and air conditioning system will not distribute fumes/vapours

throughout the building;

d) Warning signs and appropriate safety barriers, as required by regulations or to prevent entry into the application area, are used;

e) Workers are provided with the necessary respiratory protection devices to safeguard their health.;

f) Notwithstanding the requirements of preceding paragraphs, applications which might affect the well being of any occupants or members of the public may be rescheduled to evenings or weekends; and

g) All information regarding the handling of materials, avoidance of spills, cleanup, installation of materials, ventilation, or other features designed to minimize the level of worker or public exposure to airborne contaminants are appropriately communicated.

1.11 Designated Substances

Where the Work involves potential worker exposure to a Designated Substance (see Appendix B), the Vendor shall:

1. Propose a work plan for Work which includes (a) methods to be used to limit worker exposure to the

substance to the extent possible and, in any case, to within exposure limits specified in the applicable Designated Substance Regulation made under the Occupational Health and Safety Act and (b) methods to ensure compliance with other requirements of the applicable Designated Substance Regulation;

2. Review and discuss the work plan with the designated City Representative and Sub-contractors prior to work in this area;

3. Perform regular inspection of the work to monitor adherence to the applicable Designated Substance Regulation and work plan;

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4. Take immediate action to ensure that non-compliance with the Designated Substance Regulation and/or the work plan, which places the Vendor’s, or City’s employees at risk of exposure to designated substances, is addressed;

5. Document the results of inspections; and

6. Notify the City’s Representative immediately, by phone or fax, if non-compliance is noted. Otherwise, provide copies of inspection reports weekly to the City’s Representative.

1.12 Protective Clothing, Equipment and Devices

The Vendor shall maintain on-site compliance with all sections of the Occupational Health and Safety Act and its Regulations which outline requirements respecting protective clothing, equipment and devices.

1.13 Housekeeping

1. The Vendor shall keep the site clean and free of debris.

2. All work areas, stairways and walkways are to be kept clean and free of obstructions.

3. All material must be removed from the site location after work is completed. 1.14 Signage

1. The Vendor shall post signs in prominent locations and in sufficient numbers to warn workers of any exposure to hazardous material.

2. The Vendor shall post signage restricting access to authorized personnel only and ensure that site access

is strictly controlled. 1.15 Confined Space

The Vendor shall ensure if the work involves entering a confined space that procedures as required by the Occupational Health and Safety Act and its Regulations are followed. Proof of competency of workers entering confined spaces must be available for review by the City’s Representative, if requested.

1.16 Public Way Protection

The Vendor must ensure that appropriate measures are taken to protect the general public throughout the course of the work. Where necessary, covered ways for public passage must be provided.

1.17 Access/Egress

The Vendor must ensure that means of access to and egress from the work area are appropriately established, controlled and maintained.

1.18 Cleaning and Protection

1. Thoroughly clean and protect all adjoining areas, materials, etc.

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2. Remove rubbish, old parts, protect work, leave site in a clean and tidy condition. 3. Any damage caused to property, contents or equipment will be repaired or replaced at the cost of the

Vendor. 1.19 General Performance

1. Execute the whole of the work specified herein in a first class manner and to the satisfaction of the City.

2. Any installation to be carried out by qualified licensed tradesperson.

3. All work shall be carried out in a manner that will cause a minimum of inconvenience to building occupants or pedestrian traffic.

4. Fully skilled and competent workpersons under constant supervision shall carry out all work as

expeditiously as possible.

APPENDIX “1” QUALIFICATION FORM

Bidders are requested to complete the Qualification Form. Should this information not be provided at the time of closing, Bidders must provide the information within five (5) business days of such a request from the City. Failure to provide this information within the specified timeframe will result in non-compliance and the Bidder's quotation will not be considered further.

No. Name License Class License Number Hourly Rate Paid

(Employees)

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APPENDIX “2” LISTING OF SUBSTANCES

List of Designated Substances and Known (Confirmed) and Probable (Suspected) Human Cancer-Causing Agents1

Designated Substances

Known/Confirmed Human

Cancer-causing Agents

Probable Human Cancer-causing Agents

Acrylonitrile Arsenic Asbestos Benzene Coke oven emissions Ethylene oxide Isocyanates Lead Mercury Silica Vinyl chloride

Aflatoxins 4-Aminodiphenyl Aresnic (elemental and

organic compounds) Asbestos, all forms Azathioprine Benzene Benzidine Beryllium and compounds N,N-bis(2-chloroethyl)-2-

Naphthylamine Bis(chloromethyl)ether 1,4-Butanediol

dimethanesulfonate Cadmium and cadmium

compounds2 Chromium(VI) compounds Coal tar pitch volatiles Ethylene oxide2 Lead chromate2 Mineral oils, untreated and

mildly treated 2-Naphthylamine Nickel insoluble compounds Nickel subsulfide Silica (crystalline)

Acrylonitrile Antimony trioxide production Benz(a)anthracene Benzo(b)fluoranthene Benzo(a)pyrene Benzotrichloride 1,3-Butadiene Calcium chromate Carbon tetrachloride

(Tetrachloromethane) Chloromethyl methyl ether Diazomethane 1,4-Dichloro-2-butene Dimethyl carbamoyl chloride Formaldehyde 4,4’-Methylene bis(2-chloroaniline) 4-Nitrodiphenyl Strontium chromate Sulfuric acid (contained in strong

inorganic acid mists) Vinyl fluoride

1 List comprised of agents or compounds, which are found or used in occupational settings. List derived from the Ministry of Labour’s Designated Substances

Regulations, the International Agency for Research on Cancer’s and American Conference of Governmental Industrial Hygienists’ carcinogens lists. 2 Designated as a confirmed human carcinogen by the International Agency for Research on Cancer but as a suspected human carcinogen by the American

Conference of Governmental Industrial Hygienists.

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Talc containing asbestiform fibres

Uranium (soluble and insoluble compounds)

Vinyl chloride Wood dust (beech and oak) Zinc Chromates

If the above listed items in Appendix “B” should be required for use, the City’s Representative shall be informed of these changes prior to the use and commencement of work.

Appendix G Toronto Transit Commission Terms of Reference

INDEX:

1) SCOPE OF WORK In general, the work shall consist of the following to authorized end users throughout the TTC: 1. The application of pest control products to all Toronto Transit Commission (TTC) vehicles for the control of

cockroaches, bedbugs and miscellaneous insects (e.g. spiders, ants, fleas) on an as required basis.

2. Pigeon control services at various TTC locations on a continuous basis throughout the term of the Contract. The TTC reserves the right to alter the locations during the term of the Contract at no additional cost to the TTC.

NO. TITLE PAGE NO.

1 SCOPE OF WORK ....................................................................................... 1 2 TERMS OF CONTRACT ............................................................................. 2 3 TTC SERVICES ............................................................................................. 2 4 COMPANY SERVICES ................................................................................ 2 5 CONTROL OF COCKROACHES AND BED BUGS .............................. 4 6 ESTIMATED QUANTATIES ...................................................................... 4 7 LOCATIONS REQUIRING PEST CONTROL ON VEHICLES ........... 5 8 LOCATIONS REQUIRING PIGEON CONTROL. .................................. 6 9 APPROVED PESTICIDES / INSECTICIDES .......................................... 6 10 USE OF PRODUCTS .................................................................................... 7 11 TRACK LEVEL TRAINING SUBWAY /SRT. .......................................... 7 12 SAFETY .......................................................................................................... 7 13 WORK SCHEDULING ................................................................................. 8 14 INVOICE/MANAGEMENT REPORT ...................................................... 8 15 ENVIRONMENTALLY RESPONSIBILITIES ...................................... 10 16 COMPLETION OF CONTRACT / WIND-DOWN ................................ 10 APPENDIX 1 – PRICE SCHEDULE APPENDIX 2 – SHOPPING BASKET APPENDIX 3 – CORPORATE SUMMARY INVOICE APPENDIX 4 – SUMMARY EXPENDITURE REPORT APPENDIX 5 - DETAILED USAGE REPORT APPENDIX 6 - COST CENTRE SUMMARY INVOICE APPENDIX 7 – TTC COST CENTRE ORDER FORM APPENDIX 8 – SYSTEM CONTRACT AUTHORIZATION FORM

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All work must comply with The Ontario Pesticide Act and Regulation 63/09. The Company shall utilize best management practices at all times. All products and quantities listed in the Contract are estimated annual quantities only and the quantities noted are not guaranteed nor is the Contract limited to those items only. Billing will be based on the actual quantities required within the specified month and year and the pricing offered in the Price Schedule. The TTC reserves the right to inspect and take samples of products used by the Company to ensure they comply with the Contract requirements. If any item identified in the Shopping Basket is not delivered within the guidelines set out in the Contract, the TTC reserves the right at its sole discretion, to purchase products on an as required basis from third-party Company. Any difference in costs incurred by The TTC will be charged back to the successful Company. In addition, the Company may be requested to source and supply a TTC approved alternate product. This service shall be performed at no additional cost to The TTC. 2) TERM OF CONTRACT

1. The Term of the Contract shall be for a period of up to three (3) years with the option to extend the Contract for two (2) additional separate one (1) year periods, as more particularly set out in the TTC’s Purchase Order, and shall commence upon notification of Contract award. The TTC reserves the right to award a Contract for a one, two, three, four or five year term, at its sole discretion.

2. In the event the initial Contract Term is less than 3 years, the TTC, at its sole discretion, reserves the right to extend the Contract by additional periods, at and for the applicable Contract pricing, such that the aggregate Term does not exceed a total of five years. In such case, the TTC shall provide written notice to the Company the Contract has been extended.

.3 The Contract is anticipated to commence May 1, 2018 approximately or at an earlier date at TTC’s sole discretion.

3) TTC SERVICES

The TTC shall provide the following information and services to the Company as required:

a) Access to the property in accordance with property passes b) Direction and review from time to time during the term of the Contract c) Subway/SRT Track Level Rulebook Training

Any services provided by the Company from information supplied by The TTC, will be undertaken on the basis that it is the best information available, however, the Company shall immediately notify The TTC in writing of any condition or information known or discovered by the Company which conflicts with the information supplied by The TTC. In any event, The TTC shall not be liable for any loss or damage arising from any inaccuracy in such information.

4) COMPANY SERVICES Supply and services include, but are not limited to: 24-hour emergency calls shall be considered part of - and included in - this contract. The Company shall have the capability of filling rush requests (within 2 hours of notification from TTC Representative) from Monday through Sunday upon request for any services listed on The TTC Shopping Basket (see Shopping Basket Appendix 2).

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The Company shall have no minimum dollar limit to warrant a service delivery. The Company shall assist with the implementation of the Pest Control System Contract process by meeting with the System Contract Administrator (SCA) and the end users as required. The SCA will be the TTC's central control contact for this Contract. The Company will only accept changes to the Pest Control System Contract from the SCA, or authorized designate. No other TTC employee is authorized to direct the Company in this regard. The Company must maintain an updated Cost Centre database of APPENDIX 8 – SYSTEM CONTRACT AUTHORIZATION FORM received from the TTC’s SCA. The Company must verify order signatures with TTC’s Primary Control Order Contact’s (PCOC) signature indicated on the System Contract Authorization Form for that particular Cost Centre each time receiving an order unless the order is placed by the designated PCOC through e-mail. The Company shall not accept revisions or changes to Appendix 8 from any TTC Representative other than the SCA. The Company shall have the means to accept orders from the TTC by any of the following:

a) Telephone b) fax c) electronic ordering d) e-mail

The Company shall only accept orders from authorized TTC personnel, with valid cost centre numbers pre-supplied by the TTC (as approved by the SCA). If any single service item ordered exceeds $10,000, the TTC reserves the right to negotiate reduced pricing, or re-bid this single purchase at its sole discretion. The Company shall not proceed to deliver the service requested and shall immediately notify the SCA for any order that exceeds $10,000 and wait for further instructions. If the Company does not comply with this instruction, the Company may not be paid for the specific transaction. If any services identified in the Shopping Basket (see Appendix 2) are not performed within the guidelines set out in the Contract, The TTC reserves the right to purchase the same products or service from another Company. Any difference in costs incurred will be charged back to the Company under this Contract. The Company shall be responsible for all costs including removal, disposal, labour, equipment and all materials necessary to complete the work. The Company shall be responsible for all safety equipment and protective clothing necessary to complete the work. Prior to commencing the work (if applicable), the Company shall provide Material Safety Data Sheets (MSDS) and submit their recommended working methods to The TTC Representative to ensure material and methods used on TTC Property, for the work, is acceptable for use and application: All MSDS documentation and workings methods will be forwarded to The TTC's Safety Department for their review and approval. The Company must take all necessary precautions to permanently remove live animals (if required) in the most humane and natural way. The Company shall assist the TTC Representative to obtain on the locations behalf a "CWSP" - Canadian Wildlife Service Permit related to the tracking of removal of hazardous birds for each location.

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The Company shall be responsible for removal, disposing, power washing, steam cleaning and disinfecting (if deemed necessary/requested by The TTC Representative) of bird and animal droppings with the most environmentally green/friendly products/methods. The Company shall not engage in any sales promotion at any TTC location. All sales promotions must be processed through the TTC SCA. The Company must have a designated Company Representative available on a regular basis to resolve Contract related concerns. This will normally be provided by telephone and or site visits. The Company must provide technical service and support by telephone and on-site visits to deal with specific issues and problems. The Company shall receive service calls from TTC users, via telephone, fax and e-mail and the Company shall generate a service call reference number to ensure service calls are followed upon. The Company shall not apply any pest control product that has not been approved by The TTC Safety Department. The Company shall observe all safety precautions throughout the performance of this Contract. The Company shall provide all necessary tools, applicators, device, equipment and supplies for the performance of its services under this Contract. The equipment and material supplied by the Company will not be stored on TTC property at any time. The TTC assumes no responsibility for lost or damaged equipment. 5) CONTROL OF COCKROACHES & BEDBUGS ON TTC VEHICLES The Company shall provide Pest Control Services for cockroaches, bedbugs and other miscellaneous Insects on an as required basis as specified in Shopping Basket to all authorized end users within 12 hours upon notification from the TTC Representative. Normal hours of service for the TTC are Monday through Sunday, 7:00 a.m. to 3:00 p.m., including statutory holidays if required. However, due to the nature of TTC's operation (24 hour operation), the Company may be required to provide service beyond normal business hours e.g. 11:30 p.m. to accommodate the night service. The requirement to provide service beyond normal business hours would relate to special circumstances and would not occur often and must be arranged with the TTC Representative at the location at no additional charge to The TTC. If the monthly service does not effectively control the pest problem, The TTC reserves the right to have the Company perform additional service at no additional cost. Emergency service may be required during the Contract Term, in which case, service must be provided within 2 hours or less of notification from the TTC Representative at no additional charge to The TTC. 6) ESTIMATED QUANTATIES The estimated number of services required for the control of cockroaches is approximately 60 per month, which cover buses, streetcars, subway cars and non-revenue vehicles. Approximately 90% of the service will be performed on buses. Service will be performed in the following procedure:

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1. The Company will receive a request for service from one of the TTC location Representatives.

The Location Representative will advise on: a. The location receiving service b. Type of vehicle(s) c. Vehicle number(s) requiring service. d. Time service is required (e.g. a.m. or p.m.)

2. The Company will provide the location with a reference number and or e-mail for tracking purposes.

3. The Company will be required to have a service person to that location within 12 hours of notification. The Company Service Representative (CSR) must meet with the TTC Representative at the location prior to commencing any service, and after completing any service, in order to note the time the CSR arrived on property and to confirm the work to be done.

4. After completion of the service, the CSR will be required to supply and complete a three (3) part form, noting the product used and noting when the vehicle may be returned to service. One part of this form shall be posted on the vehicle.

5. The CSR will meet with the TTC Representative to obtain his/her signature and confirmation of the work completed. The second part of the form shall be left with the TTC Representative. The third part of the form shall be retained by the CSR.

If a second service is required to the same vehicle within 30 days, the Company shall perform any additional service(s) within twelve (12) hours or less upon notification from the TTC Representative at no additional charge to the TTC. 7) LOCATION REQUIRING PEST CONTROL ON VEHICLES:

Facility Address 1) Lakeshore Garage 580 Commissioners Street Toronto, Ontario M4M 1A7 2) Malvern Garage 5050 Sheppard Avenue East Scarborough, Ontario M1S 4N3 3) Queensway Garage 400 Evans Avenue Etobicoke, Ontario M8Z 1K6 4) Birchmount Garage 400 Danforth Road Toronto, Ontario M4l 1C3 5) Arrow Road Garage 700 Arrow Road Toronto, Ontario, M9M 2M1 6) Mount Dennis Garage 121 Industry Street Toronto, Ontario M6M 5B6 7) Eglington Garage 38 Comstock Road

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Scarborough, Ontario M1L 4V8 8) Wilson Garage 160 Transit Road Toronto, Ontario M3H 1T8 9) Roncessvale Carhouse 20 the Queensway Toronto, Ontario M6R 1B4

10) Davisville Carhouse 29 Lascelles Blvd Toronto, Ontario, M4S 1Z2 11) Russell Carhouse 1433 Queen St East Toronto, Ontario, M4L 2C7 12) McCowan Carhouse 1720 Ellesmere Road Scarborough, Ontario, M1H 2V5 13) Greenwood Carhouse 400 Greenwood Avenue Toronto, Ontario M4J 4Y5 14) Wilson Carhouse 160 Transit Road Downsview, Ontario M3H 1T8 15) Duncan Shop 1138 Bathurst St. Toronto Ontario M5R 3H2 16) Harvey Shop 1138 Bathurst St. Toronto Ontario M5R 3H2

8) LOCATION REQUIRING PIGEON CONTROL:

Since 1977, the Ontario Ministry of Natural' Resources (MNR) has worked together with other agencies and partners in the Peregrine Falcon Recovery Program to re-establish this threatened bird of prey in Ontario. Because of this initiative, certain locations have limitations as to what type of pigeon control can be used. Below is a list of what locations are approved to use live trapping:

Live Trapping 1. Queensway Garage 2. Malvern Garage 3. Roncesvalles Carhouse 4. Wilson Garage 5. Arrow Garage 6. Russell Carhouse 7. Lakeshore Garage 8. Wilson Carhouse 9. Eglinton Garage 10. Birchmount Garage

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For pigeon control through the use of live trapping, the CSR will visit the various locations three (3) times per week from April to September and daily from October to March, provide fresh corn and water in the bird traps, remove pigeons captured on each service and humanely destroy them off site. The traps must be comfortable and humane, with a minimum size of 30" X 30" X 30". The CSR must meet with the TTC Representative at the location prior to commencing any service, in order to note the time the CSR arrived on property and to confirm the work to be completed. After completion of the service, the service person shall supply and complete a two part form, and to meet with the location Representative to obtain the location Representative's signature as confirmation of the work done. One copy of the -form shall be· forwarded to the location Representative and the other copy shall remain with the service person. 9) APPROVED PESTICIDES INSECTICIDES

The following products are current approved pesticides on the TTC WHMIS inventory.

10) USE OF PRODUCTS (PESTICIDES AND/ OR INSECTICIDES)

All products must be registered and used in accordance with The Ontario Pesticide Act and Regulation 63/09. All products applied under this Contract must be supplied and used only by the Company. All products must be harmless to humans and must not leave any residue on the interior surfaces of vehicles. All products brought onto TTC vehicles or property must be labelled in accordance to WHMIS legislation. Current MSDS/SDS must be submitted and available for the TTC WHMIS inventory.

11) TRACK LEVEL TRAINING SUBWAY/SRT Three weeks prior to the commencement of work on the site, the Company shall furnish The TTC’s Representative with the names of employees to be engaged in the Work so that individual training can be scheduled. Updates to this listing shall be submitted as required. This program is a mandatory prerequisite for employees of companies contracted by the TTC to carry out work at track level in the subway, carhouses and yards. Program content covers the rules and procedures governing safe work practices.

Product Name CONTRAC ALL - WEATHER BLOX DEMAND CS INSECTICIDE DRAGNET DRIONE INSECTICIDE POWDER FINAL R ALL-WEATHER BLOX (COMMERCIAL): ANTICOAGULANT RODENTICIDE: FORMULATED DRY BAIT

Product Name GREENWAY ANT & ROACH BAIT GEL MAXFORCE ® IMPACT COCKROACH BAIT GEL TEMPO 20 WP INSECTICIDE KONK 407

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Trainees must have the required personal protective equipment (safety boots, safety glasses, hard hat and reflective vest). The cost of the employee time for training will be paid by the Company unless otherwise stated. All persons performing work at track level within The TTC’s subway or rapid transit system (including Greenwood Carhouse, Wilson Carhouse, Davisville Carhouse, McCowan Carhouse and all subway yard areas) must attend and successfully meet the requirements of the SUBWAY/SRT RULE BOOK training program prior to the commencement of such work. Workers shall adhere to the SUBWAY/SRT RULE BOOK when working at track level. Failure to abide by the SUBWAY/SRT RULE BOOK requirements may endanger a worker’s life and will be cause for summary removal or refusal of access to track level, which will not be cause for a claim from the Company for additional costs due to any delay related to such removal or refusal of access.

12) SAFETY The Company and their employees are required to meet the following requirements:

a) The Company’s employees must be equipped with the mandatory personal protective equipment in

accordance with any and all safety rules/regulations, including safety footwear (reflective vest, hard hat and appropriate eye protection where applicable). Failure to be properly equipped for safe work may result in the TTC stopping all work activities until workers are in compliance with the safety requirements.

b) The Company must submit (for review by the TTC’s Safety and Environment Department) copies of current

Material Safety Data Sheets (MSDS) for all chemicals proposed to be used as well as their recommended methods, prior to the commencement of any work. A chemical product/method can only be used if it has been reviewed by the TTC Safety and Environment Department and accepted for use on any TTC property. Any product/method introduced to the TTC after the Contract is awarded will be subject to review and acceptance by the TTC Safety and Environment Department. During the life of the Contract, it is the responsibility of the Company to provide the TTC with any and all updates to an MSDS, should it expire during that time. Updates can be submitted electronically. The Company must have a copy of the product MSDS available at the site location at all times.

c) The Company’s employees to be engaged in the work will be required to attend and successfully meet the

requirements of the Subway/SRT Rule Book – TTC training program. The training program must be taken annually. The Company shall provide the TTC Representative with at least two weeks notice of the requirement for training and the identity of persons requiring training. Persons attending training will be required to present photo-identification to the TTC trainer. The Company shall be responsible for the cost of the training and any re-training.

d) The Company shall ensure that all measures and procedures prescribed in the following Acts and Regulations

are carried out at the work locations:

a) The Occupational Health and Safety Act and Regulations for Industrial Establishments; b) WHMIS regulations c) All other legislation, regulations and standards as applicable d) Training record or licence verification for all Company employees attending TTC service calls

are provided. 13) WORK SCHEDULING

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Two weeks prior to the commencement of the work on TTC property, the Company shall furnish the TTC Representative with the names of employees to be engaged in the work, so that individual Property Permits may be issued. The Company shall ensure that all permits are returned to the TTC Representative upon Contract completion. Property Permits require renewal on an annual basis. The TTC’s transit system operations and patron flow, safety and convenience shall take precedence over the performance of the work. Claims for increases in the Contract Price and/or Contract Time due to the conditions or requirements stated herein, will not be considered by The TTC.

14) INVOICE / MANAGEMENT REPORTS .1 The following information MUST appear on all invoices:

.1 Purchase Order Number

.2 Name of the TTC Requestor

.3 Part number, manufacturer, description of material orders

.4 Quantity, unit prices, extended totals and applicable taxes

.5 Same information as the packing slips (refer to section 6.7)

.2 The Company must have the ability to retrieve data from the commencement to the end of the Contract term. The Company must have the ability to provide reports that contain historical purchase information (quantity of salt applications, amount, Cost Centre). The Company must also have the ability to provide reports that contain historical purchases from proceeding Contract years, (e.g. a report capturing Year 1, Year 2 and/or more years of Contract data).

.3 The Company must have the ability to retrieve data from the commencement to the end of the Contract term, and sort such data by TTC Cost Centre. In addition to the requirements stated in Section SC9 – INVOICING AND CORRESPONDENCE, the Company shall supply the invoice reports (hard copies and electronic reports in Microsoft Excel format only) and scanned service receipts (sorted by receipt number in ascending order) on a monthly basis, mailed and e-mailed to the SCA and TTC’s Accounts Payable (A/P) within the first seven (7) days of the month.

- Corporate Summary Invoice – list all Cost Centers invoiced amount and the grand total. This report is emailed to the SCA and the Accounts Payable (A/P) representative.

- Summary Expenditure Report - list a continuing total of each cost centre’s expenditure by month and Contract-to-date. TTC user departments will use the report to manage/control the month to month expenditure.

- Exception Reports must include but not be limited to the following:

i. services purchased outside the Scope of the Contract - lists restricted services purchased that are considered not within the Scope of Work

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The Company shall also provide at no additional cost to the TTC, the following reports on a monthly basis. Reports shall be forwarded by way of e-mail on or before the 7th business day of each month to the SCA.

1. Usage Report

The Company must be capable of providing the TTC with usage reports on a monthly basis for each cost

centre, that details year to date purchases, Contract to date purchase totals, detailed product information, manufacture name and extended cost.

2. Monthly Detailed Report for Pest Control to TTC Vehicles

This report shall include the date of service, the type of vehicle serviced, the vehicle number that was serviced, the last date in which that vehicle received service and a summary of the number of services performed at that location for that month even if no service was provided.

3. Monthly Detailed Report for Pigeon Control to TTC Vehicles

This report must include the date of service, the date of the previous service, and the location serviced. A usage report will be required in Excel format for each location monthly.

Service Level Report for Pest and Pigeon control to TTC vehicles only:

4. This report will monitor the time that the Company experienced in responding to the request for service. This report shall include the date of notification from the TTC, the date in which service was provided, the difference between the two dates, and an average for the month per location. The average for all locations for the month is also to be noted.

5. Additional Reports - the Company shall provide any additional reports deemed necessary and as requested by the

SCA during the term of the Contract. 6. All requested reports shall be provided within 3 business days from notification of request, in EXCEL format.

7. All history must be retained for the duration of the Contract. 15) ENVIRONMENTAL RESPONSIBILITIES The TTC has implemented a Green Procurement Policy (GPP). It is important for The TTC to partner with Companies that are strategically positioned to provide leadership and guidance throughout the implementation of the GPP. Upon award of the Contract, the Company(s) shall work with The TTC on improving the environmental performance of the services provided. This work will result in quantitatively demonstrable environmental benefits over The TTC’s current use of Supply of Pest Control Services. The benefits (and quantification of) may include reductions Greenhouse Gases, energy consumption, water consumption, toxic/hazardous materials, and material/resource use, among others. The initiatives and resulting changes to the service should provide the same level or improved technical performance at equal to or less than the current pricing, upon award of the Contract. If requested by the TTC, the Company shall provide the following within two (2) working days after the close of the Proposal, and at no extra cost to the TTC: .1 A copy of the Company’s environmental policies, which at a minimum should contain some statement or

commitment to continuous improvement

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.2 An outline of the Company’s approach or strategy to improving environmental performance in its fleet and service

delivery (e.g. use of fuel efficient vehicles, alternative fuels, hybrid technologies, monitoring tire pressure, route optimization, minimizing emissions from idling, etc.)

.3 An outline of the Company’s approach or strategy to minimize the environmental impacts. This may include, but

not be limited to:

a. optimizing the efficacy of pest control application methods and service delivery while minimizing the impact on the environment b. training employees on effective application and use of pest control products and application methods,

In addition, the Company shall also provide an annual report of estimated environmental benefits derived from operational improvements as well as those resulting specifically from improvements in service to the TTC. This will include, at minimum, estimated energy consumption, greenhouse gas (GHG) emissions and water saved through improved efficiency. 16) COMPLETION OF CONTRACT / WIND-DOWN

.1 At the conclusion of the Contract (lead time or money) and if a new Contract is awarded to a different Company,

the TTC requires up to an additional 90 day extension period to resolve invoice, custom order, material return issues, and on transition to a new contract.

.2 If the Company is in default of the 90 day extension period and the required transition process (as stated above)

at the Company’s expense, the cost of all transportation, storage, product and services will be deducted from the final invoice owed to the Company.

END OF SECTION

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NOTICE OF "NO BID" RFQ#: 7002-17-7230

CLOSING DEADLINE:

January 11, 2018

IMPORTANT - PLEASE READ THIS It is important to the City to receive a reply from all Bidders. There is no obligation to submit a Bid; however, should you choose not to bid, completion of this form will assist the City in determining the type of goods or services you are interested in bidding on in the future in order to ascertain a better understanding of why a Quotation was not provided to the City to consider. INSTRUCTIONS: If you are unable, or do not wish to quote on this RFQ, please complete the following portions of this form. State your reason for not bidding by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other quotation documents. Return the completed form by email or fax to the Official Point of Contact prior to the Closing Deadline.

Company Name:

Address:

Signature of Company Representative:

Position:

Date: Telephone :

1. We do not manufacture/supply this commodity 6. We do not manufacture/supply to this

specification

2. Unable to quote competitively 7. Cannot handle due to present plant loading

3. Quantity/job too large 8. Quantity/job too small

4. Cannot meet delivery/completion requirements 9. Licensing restrictions

5. Agreements with distributors/dealers do not permit us to sell direct

10. Conditions too restrictive

Yes No

Do you wish to quote on these goods/services in the future?

Please take the opportunity to tell us how we can improve upon this call:

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