Metrolinx Request For Quote: Relief Line Network Study

REQUEST TO QUALIFY AND QUOTE FOR CONSULTANTS ASSIGNMENT FOR A RELIEF LINE NETWORK STUDY
REQUEST NO. RQQ-2013-SPC-037
CONTENTS Instructions Request Submission Content Request Evaluation Criteria and Selection Process Form of Request Attachment #1 Consultants Costs (Fees) Attachment #2 Consultants References Sample Articles of Agreement Appendix A General Conditions Appendix B Consultants Scope of Services Appendix C Metrolinx Services Request Return Label #1 Request Return Label #2 13 pages 7 pages 3 pages 3 pages 3 pages 3 pages 3 pages 20 pages 25 pages 1 page 1 page 1 page
G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks
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1. General (a)
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You are invited to submit your bid (hereinafter referred to as a Request) for a Regional Relief Options Study, as more particularly described in the attached documents (the Work) as required by Metrolinx. Requests shall be received by Metrolinx at 20 Bay Street, Suite 600, Toronto, Ontario, M5J 2W3, (Attention: Procurement and Contract Services Office), in accordance with Article 6- Submission of Request herein, up to 3:00 p.m. local time on Thursday, July 11, 2013 (the Closing Date). Your Request is to be firm and irrevocable for one hundred and twenty (120) calendar days from the Closing Date. The Request to Qualify and Quote shall be evaluated in accordance with the Request Evaluation Criteria and Selection Process.
(b)
(c) (d)
2.
Completion (a) Persons submitting a Request to Metrolinx (hereinafter referred to as a Consultant) shall exercise extreme care when completing and submitting their Request Documents. Failure to provide all the information required or comply with all of the instructions herein may cause the Request to be found nonresponsive and disqualified. The Request Documents shall be completed fully in ink in a clear and legible manner. Requests which do not contain an original signature in ink of an authorized signatory of the Consultant and which do not contain all pricing entries in ink shall be deemed non-responsive and disqualified. The Request shall be submitted on the original Request Document forms as issued by Metrolinx and except for designated sections where the Consultant is to enter information, the Request Documents shall not be mutilated or altered in any way including, but not limited to, write-ins, strike-outs of the pre-printed provisions or any other qualifying statements. Any submitted Request which contains such qualifying statements shall be deemed non-responsive and disqualified unless such qualifying statements are withdrawn in writing upon request by Metrolinx. If during the preparation of their Request, the Consultant desires to make a change which requires correction, alteration or erasure to any information previously entered in a designated section of the Request Document by the Consultant, each such correction, alteration or erasure shall be initialled in ink by an authorized signatory of the Consultant.
(b) (c)
(d)
(e)
(f)
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(g)
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All prices shall be firm and quoted in Canadian funds. The prices quoted in the Request Documents shall represent full payment for all such Work as is necessary for the proper completion of the Contract. The person(s) executing on behalf of the Consultant, if a corporation, shall indicate their title and confirm that they have authority to bind the corporation. Requests by individuals shall be witnessed.
(h)
3.
Mandatory Site/Information Meeting Not applicable.
4.
Investigation By Consultants (a) Consultants shall examine carefully the whole of the Request Documents and any data referred to therein. They must make investigations necessary to inform themselves thoroughly as to the character and magnitude of the Work. The Consultant shall not claim at any time after the Closing Date and/or after notification of award of the Contract that there was any misunderstanding or uncertainty in regard to the Request Documents or any of the contents therein. No plea of ignorance of conditions which exist, or any conditions or difficulties that may be encountered, shall be accepted as a reason for failure to complete the Contract or as a basis for claims for additional compensation or extension of time. Any questions concerning the Request Documents, the contents herein, or the Work contemplated herein are to be directed, in writing, to the person identified in Article 7 herein no later than 4:00 p.m. (Toronto time) Thursday, July 4, 2013. No questions or requests for clarifications, changes or amendments of Request Documents shall be entertained after this time regardless of reason.
(b)
(c)
5.
Addenda (a) In the event that Metrolinx determines in its sole discretion, that clarifications of, or revisions to the Request Documents are required, all Consultants who received copies of the Request Documents shall be advised of such clarifications or revisions during the Request period by written addenda. Such addenda shall become part of the Request Documents and the contents thereof shall be allowed for in the prices bid for the Work. The Consultant shall sign each addendum received in acknowledgement that the contents shall form part of the Contract Documents and shall submit signed copies of all addenda received in Envelope No. #1 of their Request submission. It is the Consultants responsibility to ensure that they have received copies of all addenda issued. Information concerning the number of addenda issued and the
(b)
(c)
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date of issue of the most recent addendum can be found at www.merx.com for all publicly advertised Requests to Qualify and Quote. Consultants are urged to select automatic notification of Addenda issuance when registering on MERX. (d) The Consultant, when ascertaining if copies of all addenda issued have been received, shall be responsible for allowing sufficient time prior to the Close Date to receive any missing addenda and to review and allow for the contents thereof in the Request to be submitted. Failure of a Consultant to receive any addenda issued and/or include a signed copy of any or all addenda issued with their Request submission shall not relieve the Consultant of any obligation under such addenda. Failure of a Consultant to submit a signed copy of any or all addenda issued with its Request submission, may, in Metrolinxs sole discretion result in its Request being found non-responsive and disqualified.
(e)
(f)
6.
Submission of Request (a) Requests shall be returned in an envelope or box using the appropriate Request Return Labels attached. The Request Return Label shall be affixed to the outside of the package that is used for submission of the Request. (i) Consultants shall enclose all information of their Request pertaining to Corporate Capability and Team Experience/Qualifications in the envelope or box for submission marked by Request Return Label #1 (referred to herein as Envelope #1). Consultants shall enclose their Attachment #1 Consultants Costs (Fees) of their Request in the envelope or box for submission marked with Request Return Label #2 (referred to herein as Envelope #2).
(ii)
(b)
Request Documents shall be received, in hardcopy only, by Metrolinx at: METROLINX 20 BAY STREET SUITE 600 TORONTO, ONTARIO M5J 2W3 ATTENTION: PROCUREMENT & CONTRACT SERVICES
(c)
All Requests close at and must be received by 3:00 PM local time (as recorded by the time stamp of the Procurement and Contract Services time clock) on the Closing Date (the Closing Time) at the office stipulated in 6(b) herein. Requests received after the Closing Time shall be deemed non-responsive and disqualified regardless of the reason for lateness. The
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Consultant shall submit the Request in sufficient time to ensure its arrival before the Closing Time. (d) Notwithstanding the above, Metrolinx reserves the right to postpone the Closing Date, at which time all potential Consultants shall be advised of the new Closing Date by way of Addenda.
7.
Request Enquiries (a) All written enquiries and other communications prior to Contract Award are to be directed only to the following: Sandra Searl, Procurement & Contract Services Telephone No.: Facsimile: E-mail: (416) 869-3600, Ext. 5392 (416) 869-3525 Sandra.Searl@metrolinx.com
Information received from any other sources shall be considered informal and Metrolinx shall not be bound by any information given in such a manner. (b) In accordance with Article 5 Addenda herein, when necessary, revisions to, or clarifications of the Request Documents will be incorporated into a written addendum issued by the person identified in Section 7(a) herein. Information regarding the Request Documents or the Work, whether provided by the person identified in Section 7(a) herein, or from any other source, whether verbally or in writing, shall be considered informal and Metrolinx shall not be bound by, or liable for, any such information unless incorporated into a written addendum.
8.
Insurance (a) Workplace Safety and Insurance Clearance Certificate The Consultant to whom this Contract is awarded must furnish a valid Workplace Safety and Insurance Clearance Certificate for the premium rate class, subclass or group as appropriate for the Work of this Contract, as issued by the Workplace Safety and Insurance Board, within five (5) business days, of notification of acceptance of its Request by Metrolinx. Failure by the Consultant to comply with this requirement shall result in the Contract award being declared VOID. (b) Liability Insurance (i) As a condition of award of this Contract the Consultant shall provide to Metrolinx certificates for the following types of insurance in the amounts specified within five (5) business days of notification of acceptance of its Request by Metrolinx:
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(A) (B)
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Commercial General Liability Insurance in an amount of not less than two million dollars ($2,000,000.00) per occurrence; Errors and Omissions/Professional Liability Insurance in an amount of not less than two million dollars ($2,000,000.00) per claim; and Automobile Liability Insurance for owned and non-owned vehicles in an amount of not less than two million dollars ($2,000,000.00) per occurrence.
(C)
(ii)
The Certificate of Commercial General Liability Insurance shall reference the Contract Name and Number and include the following as an additional insured. (A) Metrolinx.
(iii)
All certificates of insurance shall include a provision requiring the insurer to give Metrolinx thirty (30) calendar days prior written notice of any changes to, or cancellation of the required insurance policies and confirmation that the policies include a waiver of subrogation against Metrolinx. Failure by the Consultant to comply with these requirements shall result in the award of the Contract being declared VOID.
(iv)
9.
Consultants Qualifications (a) Only qualified Consultants shall be considered for award of this Contract. In order to be considered qualified the Consultant must demonstrate that it possesses the following experience and qualifications. (i) Corporate The Consultant must have recent experience with work of a similar nature, scope and magnitude of the Work contemplated in this Request to Qualify and Quote as well as the physical and financial resources to sustain and complete the Work to the satisfaction of Metrolinx. Specifically, a comprehensive narrative, along with other supporting information as the Consultant may deem necessary, demonstrating that its Corporate Team has experience, expertise and qualifications in: (A) (B) (C) Project management; Transit network planning; Land use policy and planning;
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(D) (E) (F) (G) (H) (I) (J) (K) (L) (M) (ii)
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Designing, implementing and validating four-stage travel demand models; Travel demand model analysis; Subway and rail operations and service planning; Subway and rail infrastructure and systems; Capital and operating cost estimation; Economic analysis; Stakeholder engagement, consultation and public relations; Demographic forecasting, trend analysis and modeling; Government decision-making processes; and Other experience and expertise relevant to the Study and identified by the Consultant
Project Team Staff (A) The Consultant shall employ only skilled staff with experience and qualifications relevant to the proposed Work, under the supervision of a senior staff member, to perform the Work contemplated under this Request to Qualify and Quote. Team Members may fulfill more than one role. The Consultant shall employ staff for the following Key Project Team Member positions to perform the Work contemplated herein who possess the experience and qualifications specified as follows: (I) Position: Project Director 1) 2) Years experience: 15 Years Required qualifications and experience: a) Engineer, urban planner, architect, or similar relevant technical professional with a minimum of fifteen (15) years project management experience. The Project Director shall have experience providing strategic leadership and oversight in transportation planning, transit planning
(B) (C)
b)
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and multi-disciplinary public infrastructure development studies. c) In addition, the Project Director should be an industry leader in strategic planning with the ability to understand and communicate network-level impacts from the various planning tools available. The Project Director is expected to be engaged with the project in an in-depth capacity throughout the study.
d)
(II)
Position: Project Manager 1) 2) Years experience: 10 Years Required qualifications and experience: a) Engineer, urban planner, architect, or similar relevant technical professional with a minimum of ten (10) years of project management experience. The Project Manager shall have qualifications and extensive experience in managing project scope, budget and schedule for transportation planning, transit planning and managing multi-disciplinary public infrastructure development studies. The Project Manager shall also have experience in coordinating complex stakeholder management issues, as well as implementing overall quality control procedures for documentation and reports. Excellent written and oral communication skills are essential.
b)
c)
d) (III)
Position: Lead Transportation Planner 1) 2) Years experience: 7 Years Required qualifications and experience: a) Planner/transportation planner/transportation engineer with a minimum of seven (7) years professional experience in transportation
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planning, transit planning, and/or rapid transit planning. b) The Lead Transportation Planner shall have experience in rapid transit network planning and analysis, transportation master planning studies, ridership forecasting, and project appraisal using cost/benefit methods.
(IV)
Position: Lead Transportation Modeller 1) 2) Years experience: 7 Years Required qualifications and experience: a) Planner/transportation modeller with a minimum of seven (7) years professional experience in four-stage travel demand modelling. The Lead Transportation Modeller shall have extensive experience in developing and analyzing transit ridership forecasts from four-stage travel demand models, performing model validation and quality control checks on modelling outputs, and use of EMME modelling software.
b)
(V)
Position: Rail and Subway Operations Specialist 1) 2) Years experience: 7 Years Required qualifications and experience: a) Transit operations expert with a minimum of seven (7) years professional experience developing operating and service plans for commuter rail, subway, and LRT services.
(VI)
Position: Stakeholder Relations Specialist 1) 2) Years experience: 7 Years Required qualifications and experience: a) Stakeholder relations professional with a minimum of seven (7) years developing stakeholder consultation plans on contentious and high-profile public issues
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for effective public and stakeholder outreach and input. (VII) Position: Professional Writer 1) 2) Years experience: 5 Years Required qualifications and experience: a) This person will be a dedicated professional writer for key documents who is skilled in translating technical planning and engineering concepts into well-written, public-facing reports which are coherent and concise and written in clear, plain language.
(D)
Other Team Members (I) The remainder of the project team should include staff with expertise in: 1) 2) Assessment of economic impacts associated with major transit investments Preparation of capital and operating costs for commuter rail, subway, and light rail projects, including rough-order-of-magnitude, feasibility, and pre-design estimates. Rail and subway infrastructure planning and design Transit station design and understanding of factors influencing passenger capacity, level of service, safety and comfort Assessing land use and socio-community impacts associated with transit projects; Assessing development potential at major transit stations areas and knowledge of transit-oriented development best practices; Graphic design and document layout skills would also be an asset.
3) 4)
5) 6)
7)
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10. Revisions To Submitted Requests (a)
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Consultants may revise their submitted Request or submit a new Request provided such revisions or new Requests are received on or before the Closing Time and Date. All revisions or new Requests shall be signed by an individual with authority to bind the Consultant, shall use the same form as the original Request and shall be submitted in a sealed envelope. Information contained in the most recent Request submitted and received prior to the Closing Time and Date will take precedence over the information contained in previously received Requests from the Consultant.
(b)
(c)
11.
Withdrawal of Submitted Requests The Consultant may withdraw a submitted Request at any time prior to the Closing Time and Date specified by Metrolinx by delivering a written notice of revocation to Metrolinx at the address shown in Article 6 herein. Revocation shall be in effect as of the time the notice is received by Metrolinx. Such withdrawn Requests shall be returned to the Consultant unopened as soon as practicable after the Closing Time and Date.
12.
Nature of Agreement The General Conditions set out in Appendix A and the Consultants Scope of Services set out in Appendix B attached hereto shall be included in and form part of the Contract. Submission of a Request constitutes acknowledgement that the Consultant has read and agrees to be bound by such conditions.
13.
Clarification of Requests (a) Metrolinx reserves the right, within one hundred and twenty (120) calendar days following the Closing Time, to request that any Consultant clarify its Request and such Consultants shall submit responses to such request within five (5) business days following receipt of such request or within such shorter time as Metrolinx may require. Metrolinx may, in its sole discretion, choose to meet with some or all of the Consultants to discuss aspects to their Requests. Metrolinx may require Consultants to submit information clarifying any matters contained in their Requests or Metrolinx may prepare a written interpretation of any aspect of a Request and seek the respective Consultants acknowledgement of that interpretation. Such information accepted by Metrolinx, for purposes of clarification, and written interpretations which have been acknowledged by the relevant Consultant shall be considered to form part of the Request of those Consultants.
(b)
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(c) (d) 14.
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After the Closing Date, only information specifically requested by Metrolinx for purposes of clarification shall be considered as additions to a Request. Metrolinx is not obliged to seek clarification of any aspect of a Request.
Rights of Metrolinx Rights Metrolinx reserves the right: (a) to cancel this Request to Qualify and Quote and/or any acceptance of a Request prior to final execution of the Contract by Metrolinx, for any reason, without any obligation or any reimbursement to the Consultant; to reject any or all Requests. The Request with the lowest price will not necessarily be accepted. Metrolinx's selection will be based on which Consultant has provided a Request which Metrolinx determines, in its sole discretion, to provide the greatest value based on the evaluation criteria contained in the Request Document; to disqualify any Request which contains misrepresentations or any other inaccurate or misleading information; in its sole discretion, subjectively exercised, to waive any requirement of the Request Documents or request amendment where, in the sole opinion of Metrolinx, there is an irregularity or omission in the information provided, that is not material to the Request unless a specific consequence has been identified herein for the commission of such an irregularity or omission; to waive the requirement to check references; to not respond to Consultant's clarification questions; to distribute via Addenda, copies of any Consultant's clarification questions received and responses provided by Metrolinx, to all Consultants who received the Request Documents; to postpone the Closing Date, at which time all Consultants who received Request Documents will be advised of the new Closing Date via written Addenda; within one hundred and twenty (120) days following the Closing Date, to request that any Consultant clarify its Request and such Consultants shall submit responses to such request within five (5) Working Days following receipt of such request or within such shorter time as Metrolinx may require; to prepare a written interpretation of any aspect of a Request and require the relevant Consultant's acknowledgement of the accuracy of that interpretation;
(b)
(c) (d)
(e) (f) (g)
(h) (i)
(j)
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(k)
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at its sole discretion, to request that a Consultant voluntarily withdraw its Request without penalty where in the opinion of Metrolinx the Request is substantially below internal budget estimates and therefore, in Metrolinx's sole opinion, subjectively exercised, the Work would not be satisfactorily completed for the Total Contract Price bid; after the Request opening at its sole discretion, to correct arithmetical errors in any or all Requests where such errors affect the Total Estimated Contract Price and/or H.S.T. and/or Grand Total. Corrections to extension, sums, differences or other arithmetical operations based on the Total Contract Price submitted will be identified on the Request Document by Metrolinx and acknowledged in each instance by the initials of the Consultant's and Metrolinx's authorized signatories. Such corrections will become part of the Consultant's Request. Failure of the Consultant to acknowledge such corrections shall result in its Request being deemed non-responsive and disqualified; to, upon failure of the Consultant whose Request was accepted to fulfil the conditions of Section 15(b) herein, cancel award of Contract and consistent with industry practice, notify another Consultant who was determined to be qualified in accordance with the Request evaluation criteria stated herein and who submitted a responsive Request; that its Request has been accepted and, subsequent to the fulfillment of the conditions of Section 15(b) herein, that Consultant shall be deemed to be the successful Consultant and the Consultant to whom the Contract is awarded; and
(l)
(m)
15.
Contract To Be Executed (a) Metrolinx shall notify the Consultant in writing of acceptance of its Request by Metrolinx. Metrolinx will prepare the Articles of Agreement and bind it into the Contract Documents. Two (2) sets of Contract Documents will be forwarded to the Consultant for review and execution. The Contract Documents shall be executed by the Consultant and returned to Metrolinx within five (5) business days of notification to the Consultant that Metrolinx has accepted its Request. Failure by the Consultant to execute and return the Contract Documents with the required Insurance Certificates and Workplace Safety and Insurance Clearance Certificate and any other documents as may be required within the specified time, shall result in the cancellation of the Contract award and the Consultant shall indemnify Metrolinx by paying an amount equal to the difference between the Total Contract Price bid by the Consultant and the Total Contract Price bid by the Consultant to whom the Contract is ultimately awarded to. Upon failure of the Consultant, whose Request was accepted, to fulfil the conditions of Section 19(b) herein and cancellation of award of Contract, Metrolinx may, at its sole discretion, and consistent with industry practice, notify another Consultant who was determined to be qualified in accordance with the
(b)
(c)
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evaluation criteria stated herein and who submitted a responsive Request that its Request has been accepted and, subsequent to the fulfillment of the conditions of Section 19(b) herein, that Consultant shall be deemed to be the successful Consultant and the Consultant to whom the Contract is awarded. (d) There is no binding contract for the supply of the Work unless and until Metrolinx and the Consultant whose Request has been accepted have executed the written agreements contemplated in the Request Documents. The Consultant shall not start work before the Contract Documents have been executed by the Consultant and Metrolinx and all documents required by the Request Documents, as a condition of award of the Contract, have been delivered to Metrolinx.
DO NOT WRITE IN THIS SPACE
REQUEST SUBMISSION CONTENT
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The Consultants Request shall include the following documents and information as listed, in addition to items required elsewhere by the Request Document. 1. Submission Format (a) The Request shall be submitted in the following format: (i) (ii) (iii) (iv) Information shall be provided in Font Size 11 pt. on 8 x 11 paper and shall be double-sided and bound in a 3 ring binder. A Table of Contents shall be included. The Request shall be organized into sections with tabs to correspond to the Request Submission Content requirements. Consultants shall only provide three (3) Corporate Reference Projects and three (3) Reference Projects for each Key Project Team Member. In the event a Consultant provides more than the required number of reference projects only the first three (3) Corporate Reference Projects and the first three (3) Key Project Team Member Reference Projects provided shall be considered.
(b)
The entire content of the Consultants Request shall be submitted in writing, and the content of web sites or other external documents referred to in the Consultants Request will not be considered for evaluation unless submitted in hard copy as part of the Request.
2.
Submission Content (a) Phase One and Phase Two: Envelope No. 1 Administrative and Technical Submission The Consultant shall submit one (1) original and four (4) copies of the following information in Envelope #1 (marked by Request Return Label #1). The original copy shall be labelled as such. Absolutely no pricing or price information is to be included in Envelope #1. (i) Form of Request Completed Form of Request with original signatures. (The Form of Request shall not be scanned or retyped, and entries shall be made directly on forms provided by Metrolinx).

(ii) Addenda
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A signed copy of any Addenda issued hereto, in accordance with Article 5 Addenda, of the Instructions. (iii) A statement indicating compliance with Metrolinxs General Conditions, attached hereto as Appendix A, including the insurance and WSIB requirements as stated in Section 1(e) of Appendix A General Conditions. Designated Contact Person The Consultant shall provide one (1) contact person for communication between Metrolinx and the Consultant for purposes of this Request. The following information for the contact person: (A) (B) (C) (D) (E) (F) (G) (v) Name; Title; Company Name; Address; Telephone Number; Fax Number; and Email Address.
(iv)
Corporate Capability (A) Corporate Summary The Consultant shall provide a corporate overview of its structure, capabilities, qualifications and experience relevant to the Work, as follows: (I) Description of Company A description of the Consultants company, including, but not necessarily limited to: 1) 2) A description of the Consultants corporate and ownership structure; A brief corporate history including number of years in business;

3) 4)
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Location of office(s) including address of head office and location of other offices; Consultants legal entity (Corporate Project Team), if applicable, or otherwise contracting party. If a consortium or other, please identify each entity of the consortium or other organizational construct; Identify consultants core business and breadth of services offered; and Identify principal business of key subconsultants, professional advisors and subject matter experts (hereinafter referred to as subconsultants) it proposes to use in the performance of the Services, especially for major or critical pieces of the work. For each subconsultant listed the Consultant shall provide the following: a) b) c) The full corporate name and location; Which area of the Services the subconsultant shall be employed for; The subconsultants experience and qualifications relative to the Services it will be performing; and Previous instances of the Consultant and subconsultant working together including: a description of the project and value; the client the services were performed for; and the parts of the services performed by the subconsultant.
5) 6)
d)
(II)
Scope of Services A description of the Consultants core business and breadth of services offered.
(B)
Corporate Experience and Qualifications The Consultant shall demonstrate its experience in performing work similar in type, size and complexity as the Work identified in Appendix B as follows:

(I) Experience and Qualifications
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A summary of the Consultants companys qualifications and experience relevant to the Work being contemplated. (II) Reference Projects Provide a list of three (3) references, for relevant projects performed within the past five (5) years, as follows: 1) The Consultant shall, using Attachment #2 References, provide the following information for each reference project: a) b) 2) Name of the company for which the work was performed; and Contact persons name, title, telephone number and e mail address.
The Consultant shall attach a maximum of two (2) additional pages of information for each reference project including but not necessarily limited to the following: a) b) c) Name of the company for which the work was performed; Project description and construction value; and Description of Services provided with reference to Services provided similar to those being requested in Appendix B.
(vi)
Team Experience and Qualifications (A) Functional Organization (I) Organizational Chart 1) An organizational chart identifying the individuals assigned to the project in their respective roles/positions, for completion of the Work (hereinafter referred to as Key Team Member(s)) of the Consultants Project Team (group of Key Team Members assigned to complete the Work) designated for the Work.

(II)
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Roles and Responsibilities of Key Team Members 1) A description identifying the role and responsibilities of each Key Team Member, with respect to the Work being requested. A statement describing the experience of the Key Team Members in working together on previous relevant projects. A statement indicating whether the Key Team Member is an employee of the Consultant or is a subconsultant.
2)
3)
(B)
Project Team (I) Project Team - Key Team Members A list of personnel who will be performing the following Key Team Member roles: 1) 2) 3) 4) 5) 6) 7) (II) Project Director (15 years) Project Manager (10 years) Lead Transportation Planner (7 years) Lead Transportation Modeller (7 years) Rail and Subway Operations Specialist (7 years) Stakeholder Relations Specialist (7 years) Professional Writer (5 years)
Project Team - Experience and Qualifications For each of the individuals to be employed in the above Key Team Member roles, the Consultant shall provide: 1) Curriculum Vitae A curriculum vitae, including biographical information, which clearly identifies their: a) Qualifications and experience as specified in the Appendix B Consultants Scope of Services, relative to the Work being requested; and

b) c) d) e) f) g) h) i) (III)
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Years of experience in the specified position; Biographical Data; Experience and qualifications relevant to the Services being requested. Professional Designations and Licenses Key Team Member References The Consultant shall provide the following information for each reference: Company Name for which the services were performed; and Contact Persons Name, Title, Telephone Number and E-mail Address.
Project Team - References A list of three (3) references for relevant projects completed within the past five (5) years, for each Key Team Member, as follows: 1) The Consultant shall, using Attachment #2 References, provide the following information for each reference project: a) b) 2) Name of the company for which the work was performed; and Contact persons name, title, telephone number and e-mail address.
The Consultant shall attach one (1) additional page of information for each reference project that includes, but is not necessarily limited to the following: a) b) Name of the company for which the work was performed; Project description and construction value; and

c)
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Description of Services provided with reference to the applicable Key Team Member role and responsibilities for the work contemplated in this Request to Qualify and Quote.
(b)
Phase Three: Presentation/Interview Process (i) Those Requests achieving the minimum score requirement for Phase One, in accordance with Article 11 below, will proceed to Phase Two of the Evaluation, where the Consultant will be contacted and required to come and do a twenty (20) minute Presentation followed by fifteen (15) to twenty (20) minutes for interview questions. Project Director, Project Manager and at least two (2) Key Team Members are required to be present at the Presentation and interview, in person or by telephone. We expect the Presentation/Interview to be held during the week of July 29th and Consultants will be notified during the week of July 22nd. The Presentation should cover the following topics: (A) (B) Introduce the firm and key team members; Briefly describe your reference projects; (I) (II) (III) (IV) Applicability to current assignment (e.g., scope, challenges, success factors); Project management approach; Key lessons learned; and Approach to stakeholder involvement (e.g., public open houses, design charettes, etc.).
(ii) (iii)
(c)
Phase Four: Envelope #2 Price (Request Return Label #2) The Consultant shall submit the following information in Envelope #2 (marked by Request Return Label #2). (i) A completed copy of Attachment #1 Consultants Costs (Fees) with all pricing entries and original signatures in ink.
REQUEST EVALUATION CRITERIA AND SELECTION PROCESS

1. Request Evaluation Methodology (a)
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Requests will undergo an administrative and technical evaluation based on the information contained in Envelope #1, using the criteria and scoring as listed in Article 2 Evaluation Criteria (the Evaluation Criteria). Each criteria is evaluated and assigned a score out of ten (10). The score is then multiplied by the weight (which indicates the relative importance of the criteria to Metrolinx) to determine the weighted score (or points) for each of the listed criteria. The weighted scores are then added to determine the Total Evaluated Score for the Request. Requests shall be evaluated in four (4) phases, as follows: (i) Phase One: Administrative Evaluation Requests shall undergo an administrative evaluation to determine compliance with the mandatory requirements as stated in the Instructions. Only those Requests determined in the sole opinion of Metrolinx, to have fulfilled all the mandatory requirements shall be deemed compliant and shall proceed to Phase Two of the evaluation process. (ii) Phase Two: Technical Evaluation Requests proceeding to Phase Two shall be evaluated by members of the Metrolinx evaluation team in accordance with Article 2 of Request Submission Content and Article 2 below. Only those Requests achieving a total minimum score of 80% (800 points out of 1000 possible points) based on the technical evaluation of the contents of Envelope #1 (marked by Request Return Label #1) will be considered further and shall proceed to Phase Three of the evaluation process. (iii) (iv) Phase Three: Presentation/Interview Process Those Requests achieving the minimum score requirement for Phase One, in accordance with Article 11 below, will proceed to Phase Two of the Evaluation, where the Consultant will be contacted and required to come and do a twenty (20) minute Presentation followed by fifteen (15) to twenty (20) minutes for interview questions. Project Director, Project Manager and at least two (2) Key Team Members are required to be present at the Presentation and interview, in person or by telephone. Phase Four: Pricing Evaluation (A) Envelope #2 (marked by Request Return Label #2) will be opened for the Requests which achieve the minimum score of 80% on the technical evaluation.
(b)
(c)
(v)

(B)
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An administrative evaluation shall be conducted of Attachment #1 Consultants Costs (Fees) to determine compliance with the mandatory requirements as stated therein and in the Instructions. The Total Estimated Contract Price of each Request proceeding to Phase Three, shall then be divided by the Total Evaluated Score (points) achieved by the Request to determine a cost per point. Envelope #2 will be returned unopened to the Consultants whose Requests do not achieve the specified minimum score requirement.
(A) (d)
Selection of Requests (i) Metrolinx selection shall be based on which Consultant has provided a Request which Metrolinx determines in its sole discretion to provide the greatest value to Metrolinx based on the evaluation criteria contained in these Request Documents. The award of the Contract shall be made to the Request with the lowest cost per point.
(ii)
2.
Evaluation Criteria (a) The Criteria to be used for evaluation of the Consultants Request and the weighting assigned to each criteria are as follows:

EVALUATION CRITERIA PHASE ONE: ADMINISTRATIVE EVALUATION (COMPLIANT/NON-COMPLIANT) PHASE TWO: TECHNICAL EVALUATION Criteria Corporate Summary Scope of Services Offered Qualifications and Experience 10 10 5 5 Maximum Score CORPORATE CAPABILITY Weighting Factor
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Points (Score x weight) (Score out of 10x weighting factor) 50 50
TEAM EXPERIENCE AND QUALIFICATIONS Functional Organization Description of Functional Organization (including Roles and Responsibilities and Dedication of Key Team Members) Work Plan Understanding of the Assignment 10 10 100
10 10
5 10
50 100
Key Team Members Experience and Qualifications (In specified position and relevant to work being requested)

Projected Director Project Manager Lead Transportation Planner Lead Transportation Modeller Rail and Subway Operations Specialist Stakeholder and Public Relations Specialist Professional Writer
10 10 10 10 10 10 10
10 20 10 10 5 5 5 100 40 30 30 100 Cost / Point Ratio
100 200 100 100 50 50 50 1000 400 300 300 1000
PHASE TWO TOTAL EVALUATED SCORE

PHASE THREE: PRESENTATION AND INTERVIEW Relation of reference projects to need s and challenges of current assignment Communication and facilitation Interaction/Collaboration amongst team members 10 10 10
PHASE THREE: TOTAL EVALUATED SCORE PHASE FOUR: PRICING EVALUATION Price (Envelope #2) All costs associated with the request submitted as part of the Work
Price Bid Total Points = $/PT
FORM OF REQUEST
Page 1 of 3
REQUEST TO QUALIFY AND QUOTE REQUEST CLOSING:
DATE: TIME:
Thursday, July 11, 2013 3:00 P.M. RQQ-2013-SPC-037
(the Closing Date) (the Closing Time)
REQUEST NUMBER:
Request for:
CONSULTANT ASSIGNMENT FOR A RELIEF LINE NETWORK STUDY
Request submitted by: (Full Legal Name of Company or Individual)
(Address)
(Phone No.) (E-mail Address)
(Facsimile No.)
In consideration of the mutual premises and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned (hereinafter referred to as the Consultant) hereby offers to Metrolinx to furnish all necessary labour, superintendence, plant, tools, appliances, equipment, supplies and other accessories, services and facilities necessary to perform the following services: TO PROVIDE CONSULTANTS SERVICES FOR THE PROVISION OF: A REGIONAL RELIEF OPTIONS STUDY, AS SET OUT IN THE CONSULTANTS SCOPE OF SERVICES, ATTACHED AS APPENDIX B. The Consultant hereby undertakes to perform the Work in strict accordance with the full intent of the terms, conditions and requirements set forth in the following documents which form the Request Documents: ANY ADDENDA ISSUED HERETO INSTRUCTIONS REQUEST SUBMISSION CONTENT
FORM OF REQUEST
REQUEST EVALUATION CRITERIA AND SELECTION PROCESS FORM OF REQUEST ATTACHMENT #1 CONSULTANTS COSTS (FEES) ATTACHMENT #2 CONSULTANTS REFERENCES SAMPLE ARTICLES OF AGREEMENT APPENDIX A - GENERAL CONDITIONS APPENDIX B - CONSULTANTS SCOPE OF SERVICES APPENDIX C METROLINXS SERVICES
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The Consultants Request is hereby submitted on the full understanding that it is an irrevocable offer by the Consultant for a period of one hundred and twenty (120) calendar days from the Closing Date. The Consultant hereby covenants that it shall perform and execute the Work, in accordance with the Contract Prices quoted herein if it is notified in writing by Metrolinx within the one hundred and twenty (120) calendar day period that it is the successful Consultant. 1. Requirement (a) The Consultant shall provide labour, superintendence, plant, tools, appliances, equipment, supplies and other accessories, services and facilities necessary for a Regional Relief Options Study, in accordance with the Consultants Scope of Services, attached as APPENDIX B (the Work). The Work is to be provided to the satisfaction of the Manager, Strategic Policy and Systems Planning, unless otherwise specified.
(b)
2.
Project Team (a) The Consultant shall enter the names of the individuals who will be performing the following Key Team Member roles in the spaces provided.
Position Project Director Project Manager Lead Transportation Planner Lead Transportation Modeller Rail & Subway Operations Specialist Stakeholder Relations Specialist Professional Writer Name Minimum Years Experience 15 10 7 7 7 7 5 Actual Years Experience
FORM OF REQUEST
(b)
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Minimum years experience shall be defined as relevant experience that the individual employed in the respective Key Team Member position has, whether solely in the employ of the Consultant, or in the combined employment of the Consultant and/or other Consultants.
3.
Schedule of Work The Consultant shall be bound to the scheduled completion dates agreed between Metrolinx and the Consultant, for each project/tAsk assigned after award of Contract.
In witness whereof, the undersigned has executed this agreement, this , 2013. If the Consultant is a corporation or a partnership:
day of
(Companys Full Legal Name) Per: Name: Title: Per: Name: Title: I/We have authority to bind the Corporation
If the Consultant is an individual:
) ) ) )
Witness
) )
Name:
ATTACHMENT #1 CONSULTANTS COSTS (FEES)
Page 1 of 3
REQUEST NUMBER:
RQQ-2013-SPC-037
Request for:
CONSULTANTS ASSIGNMENT FOR A RELIEF LINE NETWORK STUDY
Request submitted by: (Full Legal Name of Company or Individual)
(Address)
(Phone No.)
(Facsimile No.)
The Contract Prices [Consultants Costs (Fees)] are hereby submitted on the full understanding that they form part of the Consultants Request and as such constitute an irrevocable offer by the Consultant for a period of ninety (90) calendar days from the Closing Date and the Consultant hereby covenants that it will perform and execute the Work in accordance with the Contract Prices quoted herein if it is notified, in writing, by Metrolinx within ninety (90) calendar days of the Closing Date that it is the successful Consultant. Payment for services rendered and goods supplied in accordance with the terms and conditions of the Contract shall be based on the following: 1. Maximum Hourly Billing Rates (a) The Consultant shall provide the maximum hourly billing rate for each of the following Key Project Team positions and the name of the individual to be employed in that position. Position Project Director Project Manager Name Maximum Hourly Billing Rate $ $

Position Lead Transportation Planner Lead Transportation Modeller Rail and Subway Operations Specialist Stakeholder Relations Specialist Professional Writer Name
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Maximum Hourly Billing Rate $ $ $ $ $
(b)
The Maximum Hourly Billing Rate, as quoted herein by the Consultant, is an all-inclusive maximum rate at which the Consultant will invoice Metrolinx for Services provided on a time basis, in accordance with Paragraph 3(a)(ii)(B) of Appendix A General Conditions, for services rendered by the individual employed in that position. The Maximum Hourly Billing Rate for each position shall be the sum of any and all costs attributable to the individual employed in that position including, but not necessarily limited to, the following: basic hourly rate, fringe benefits, payroll burden, mark-up, overhead, profit, disbursements, travel, mileage, and any and all other costs associated with the performance of the Services.
(c)
2.
Contract Prices (a) The Consultant Costs (Fees) shall be all-inclusive costs associated with the Request to perform the services defined in the Consultants Scope of Services attached as Appendix B. The Consultant Costs (Fees) quoted below shall include all costs related to the work including, but not limited to, any sub consultants, any and all disbursements and Management of the Services. TOTAL CONTRACT PRICE ..... CONTINGENCY ALLOWANCE.. 13% HARMONIZED SALES TAX (H.S.T.) AMOUNT CONSULTANTS H.S.T. NUMBER . $ $ 100,000.00 $
(b)
(c) (d) (e) (f)
Page 3 of 3
In witness whereof, the undersigned has executed this agreement, this , 2013. If the Consultant is a corporation or a partnership:
day of
(Companys Full Legal Name) Per: Name: Title: Per: Name: Title: I/We have authority to bind the Corporation If the Consultant is an individual: ) ) ) ) Witness ) ) Name:
ATTACHMENT #2 CONSULTANTS REFERENCES

CONSULTANTS REFERENCES 1.
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The Consultant shall provide both corporate and personnel reference information as indicated in this Attachment #2 Consultants References. The Consultant shall ensure that all contact information provided for references is current and accurate in order to enable Metrolinx to obtain all necessary information for evaluation purposes in a timely manner. If Metrolinx is unable to contact any of the references provided in order to verify the Consultants qualifications and experience, the Consultant may, in Metrolinxs sole discretion, receive no score for that reference. Corporate References (a) The Consultant shall, using this Attachment #2 References, provide the following contact information for each reference project provided: (i) (ii) Name of company for which the work was performed; and Contact persons name, title, telephone number and e-mail address.
2.
3.
Key Team Members References (a) The Consultant shall, using this Attachment #2 References, provide the following contact information for each reference project provided for each Key Team Member: (i) (ii) (iii) Key Team Members name; Name of company for which the work was performed; and Contact persons name, title, telephone number and e-mail address.
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CORPORATE REFERENCES Company Name Project Title Contact Person Phone Number E-mail Address
POSITION: PROJECT DIRECTOR Company Name Project Title
NAME: Contact Person Phone Number E-mail Address
POSITION: PROJECT MANAGER Company Name Project Title
POSITION: LEAD TRANSPORTATION PLANNER Company Name Project Title
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POSITION: LEAD TRANSPORTATION MODELLER Company Name Project Title
POSITION: RAIL & SUBWAY OPERATIONS SPECIALIST Company Name Project Title
NAME: Phone Number E-mail Address
Contact Person
POSITION: STAKEHOLDER RELATIONS SPECIALIST Company Name Project Title
POSITION: PROFESSIONAL WRITER Company Name Project Title
SAMPLE ARTICLES OF AGREEMENT

These Articles of Agreement are made as of the day of , 20 BETWEEN
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METROLINX, a corporation established pursuant to the Metrolinx Act, 2006
SAMPLE DO NOT COMPLETE
- and (hereinafter the Consultant) In consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, Metrolinx and the Consultant agree as follows: 1. Contract (a) The following documents and any amendments relating thereto form the contract between Metrolinx and the Consultant (the Contract): (i) (ii) (iii) (iv) (v) (vi) (vii) these Articles of Agreement; any Addenda issued hereto; the Form of Request; Attachment #1 Consultants Costs (Fees); the document attached hereto as Appendix A and entitled General Conditions; the document attached hereto as Appendix B and entitled Consultants Scope of Services; the document attached hereto as Appendix C and entitled Metrolinx Services; and
(viii) the document attached hereto as Appendix D and entitled Documents. (b) In the event of discrepancies, inconsistencies or ambiguities of the wording of these documents, the wording of the document that first appears on the above list shall prevail over the wording of a document subsequently appearing on the list.

2. Date of Completion of Work and Description of Work
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The Consultant shall, between the date of these Articles of Agreement and the day of , perform and complete with care, skill, diligence and efficiency the work that is further described as follows:
(a)
The Consultant shall provide labour, superintendence, plant, tools, appliances, equipment, supplies and other accessories, services and facilities necessary to carry out , in accordance with the Consultants Scope of Services, attached as APPENDIX B (the Work). The Work is to be provided to the satisfaction of the , unless otherwise specified.
(b)
3.
Contract Price Subject to the terms and conditions of the Contract and in consideration for the Work, Metrolinx shall pay to the Consultant: (a)
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If the Consultant is a corporation or a partnership: (Companys Full Legal Name)
Per: Name: Title: Per: Name: Title: I/We have authority to bind the Corporation
If the Consultant is an individual:
) ) )
Witness
Name:
METROLINX
Per: Authorized Signing Officer
In witness whereof, the abovesigned has executed this agreement, this , 20 .
day of
APPENDIX A GENERAL CONDITIONS
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1.
General Conditions (a) Retainer Metrolinx hereby retains the Services of the Consultant for the Work and the Consultant hereby agrees to provide the Services under the general direction and control of Metrolinx. Such general direction and control shall not relieve the Consultant from any duty the Consultant may have under law or pursuant to the requirements of any regulatory or self-regulatory body having jurisdiction over the accreditation of the Consultant. (b) Services The Services to be provided by the Consultant and by Metrolinx in the provision of services required for the Work, are set forth in Article 3 herein and such services as changed, altered or added to, under Section 3(g) herein, are hereinafter called the Services and constitute all the services to be covered by the Contract. (c) Compensation Metrolinx shall pay the Consultant in accordance with the provisions set forth in Article 4 herein. (d) Suspension Or Termination for Convenience Metrolinx may, at any time, by giving the Consultant ten (10) days written notice, terminate or suspend the performance of this Contract in whole or in part. The Consultant shall, upon receipt of such notice, cease all Services as indicated on the date of termination or suspension as stated in the notice. The Consultant shall be entitled to forthwith render an account in accordance with Section 4(b) herein for its Services performed from the inception of the Services and Metrolinx shall compensate the Consultant for all Services completed to the satisfaction of Metrolinx to the point of termination or suspension. Upon receipt of such notice, the Consultant shall perform no further Services other than those authorized by Metrolinx as reasonably necessary to close out the Services. (e) Insurance (i) The Consultant shall obtain and maintain for the entire term of the Contract the minimum insurance coverages as follows: (A) (B) Commercial General Liability Insurance in an amount of not less than two million dollars ($2,000,000.00) per occurrence; Errors and Omissions/Professional Liability Insurance in an amount of not less than two million dollars ($2,000,000.00) per claim; and

(C)
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Automobile Liability Insurance for owned and non-owned vehicles in an amount of not less than two million dollars ($2,000,000.00) per occurrence.
(ii)
Within five (5) business days of notification of its acceptance of its Request by Metrolinx, and at other times as may be requested by Metrolinx, the Consultant shall provide Metrolinx copies of the required certificate(s) of insurance (inclusive limits) to Metrolinx showing all the required coverages as set out in Subsection 1(e)(i) herein. The Certificate of General Liability Insurance shall include, the Consultant and Metrolinx as additional insured. All certificates of insurance shall include a provision requiring the insurer to give Metrolinx thirty (30) calendar days written notice in the event that any or all of the insurance policies required under this agreement are materially altered or cancelled and confirmation that the policies include a waiver of subrogation against Metrolinx. If the Consultant fails to maintain the required insurance then Metrolinx may, at its sole discretion, shall provide and maintain such insurance and give evidence to the Consultant of such. The Consultant shall pay the cost of such insurance to Metrolinx upon demand or Metrolinx may deduct the cost of such insurance from any amount which is due, or may become due, to the Consultant. All required insurance policies shall be placed with insurers licensed to underwrite insurance in the Province of Ontario. The Consultant, for themselves, their heirs, executors, administrators, successors and assigns hereby release, waive and forever discharge Metrolinx and its respective agents and employees, of and from all claims, demands, damages, costs, expenses, actions and causes of actions in respect of death, injury, loss or damage to persons or property howsoever caused, arising or to arise by reason of the Consultants failure to secure or maintain the required insurance and/or the inadequacy of limits of said insurance, or exclusions of coverage, or the failure of the insurance to respond for whatever reasons, whether prior to, during or subsequent to the execution of the Contract. The Consultant further hereby undertakes to hold and save harmless and agrees to indemnify all of the aforesaid for and against any and all liability incurred by any and all of them arising as a result of or in any way connected with the requirements of insurance for the Consultant.
(iii) (iv)
(v)
(vi) (vii)

(f) Workplace Safety and Insurance Clearance Certificate (i)
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Within five (5) business days of delivery of notice of award of the Contract by Metrolinx, and at other times as may be requested by Metrolinx, the Consultant shall provide Metrolinx a valid Workplace Safety and Insurance Clearance Certificate for the premium class, subclass or group as appropriate for the Work of this Contract, issued by the Workplace Safety and Insurance Board, confirming that all assessments due and required to be made by the Consultant have been made and that the Consultant is a registered employer in good standing. If the Consultant is an Independent Operator, the Consultant must submit to WSIB an Independent Operator Status General Questionnaire (1158A (08/02)) and provide Metrolinx with a letter from WSIB confirming registration as an Independent Operator. If the Consultant is unable to provide a valid Workplace Safety and Insurance Clearance Certificate, the Consultant may provide Contingent Employers Liability in lieu of this requirement.
(ii)
(iii)
(g)
Specialized Services The Consultant may, from time to time, engage others including self-employed personnel, subconsultants and agencies to perform specialized services provided that prior consent is obtained, in writing, from Metrolinx. Such consent shall not be unreasonably withheld. In such an event, the cost of such a subconsultant is to be included in the overall cost of the deliverables as set out in the Consultants Costs (Fees).
(h)
Inspection Metrolinx, and persons authorized by Metrolinx, shall have the right, at all reasonable times, to inspect or otherwise review the Services performed, or being performed under the Work and the premises where the Services are being performed.
(i)
Publication The Consultant agrees to obtain the consent of Metrolinx in writing before publishing or issuing any account of the Work.
(j)
Confidential Information (i) For the purposes of this Agreement Confidential Information shall mean all confidential and proprietary information of Metrolinx provided, disclosed or made available, via any media and in any form, to the
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Consultant by Metrolinx. Confidential Information shall include Metrolinx Intellectual Property. (ii) The Consultant shall hold all Confidential Information in confidence, shall not disclose Confidential Information to third parties and shall use the Confidential Information only for the purpose of performing the Services. Notwithstanding the forgoing, the Consultant may, for the purpose of performing the Services, disclose Confidential Information to third parties who require it in order to perform their portion of the Services, provided that such third parties have executed an agreement with the Consultant that contains terms and conditions substantively the same as those contained in this Agreement. The Consultant shall, if required for the purposes of performing the Services, enter into a confidentiality agreement with a third party who is under separate Contract to Metrolinx and is providing Confidential Information, as determined by such third party, to the Consultant for the purposes of enabling the Consultant to perform the Services. Confidential Information shall not include any information which: (A) (B) was at the time of disclosure, or thereafter became, part of public domain through no act or omission of the Consultant; became available to the Consultant from a third party who did not acquire such Confidential Information under an obligation of confidentiality either directly or indirectly from Metrolinx; was known to the Consultant at the time of disclosure thereof by Metrolinx; was required to be disclosed by law; or the Consultant was given expressed written permission by Metrolinx to disclose.
(iii)
(iv)
(v)
(C) (D) (E) (vi)
At Metrolinx request the Consultant shall, within ten (10) business days of receipt of such a request, return to Metrolinx any or all of the Confidential Information together with all copies, extracts or other reproductions in whole or in part of such Confidential Information. In addition, at Metrolinx request the Consultant shall, within in ten (10) business days receipt of such a request, destroy demonstrably and irrevocably; (A) all such extracts or other reproductions of the Confidential Information, or any Metrolinx specified portion of the Confidential Information, which cannot, because of the device on which the
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Confidential Information is stored, be removed from the possession of the Consultant for delivery to Metrolinx; and (B) all documents, designs, drawings, specifications, plans, reports, information and other deliverables or data whatsoever (regardless of the form, medium or device on or in which such information, deliverables or data is written, recorded, stored or reproduced) prepared in respect of the Services and which is based on any of the Confidential Information.
(vii)
Following such return and/or destruction of the Confidential Information and any documents, designs, drawings, specifications, plans, reports, information, deliverables or data derived there from, the Consultant will promptly provide Metrolinx with written confirmation of such return and/or destruction.
(k)
Dispute Resolution (i) Negotiation (A) In the event a matter of difference between the Consultant and Metrolinx in relation to the Contract the grieved party shall send a notice in writing of dispute to the other party which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a reply in writing to the dispute within ten (10) business days after receipt of the notice of dispute setting out particulars of this response and any relevant provisions of the Contract Documents. The Consultant and Metrolinx shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, frank, candid and timely disclosure of any and all relevant facts, information, and documents to facilitate these negotiations. In the event of failure by the Consultant and Metrolinx to reach agreement within ten (10) business days of receipt of the responding partys reply under Paragraph 1(k)(i)(A) herein, or if either party concludes that further negotiation is unlikely to result in agreement, the matter shall be referred to mediation as provided in Subsection 1(k)(ii) herein.
(B)
(C)
(ii)
Mediation (A) The Consultant and Metrolinx shall jointly select an impartial Mediator who shall be, preferably, properly qualified in the area of work as contemplated by this Contract. In the event that the
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parties, acting reasonably, cannot agree on a mediator, the candidates selected by the parties shall, acting reasonably, choose a third party to act as the Mediator. (B) The Mediator shall meet with the parties within ten (10) business days after the selection of the Mediator selection to attempt to mediate and resolve the dispute. The Consultant and Metrolinx shall observe such reasonable procedures for conducting the mediation as the Mediator may reasonably request. If no agreement is reached within twenty (20) business days of the selection of the Mediator or if either party concludes that further mediation is unlikely to result in agreement, then either the Consultant or Metrolinx may request the Mediator to recommend (and only recommend) a basis, or bases, for resolution of the dispute. The Mediator shall, after consideration of the parties positions and written submissions (if so requested), issue a written recommendation in this regard. Any recommended basis for resolution shall have absolutely no binding effect upon either party unless both parties agree to accept it and shall be without prejudice to the parties positions in any further proceeding. If no agreement is reached either party may refer such matter as is arbitrable to arbitration as provided in Subsection 1(k)(iii) (Arbitration) herein or exercise any legal rights it may have. All meetings and proceedings shall be held in Toronto at a time and location as determined by the parties. The costs and expenses of the Mediator shall be shared equally by the Consultant and Metrolinx.
(C)
(D)
(E) (F) (iii)
Arbitration (A) In the event that the parties are unable to settle any dispute between them which is under mediation, either party may refer such matter to arbitration as provided herein: (I) Metrolinx and the Consultant shall select an arbitrator within ten (10) business days of the submission of a dispute to arbitration under this Section. If the parties are unable to agree on a neutral arbitrator, each party shall appoint an arbitrator within ten (10) business days, and the two (2) arbitrators so chosen shall select a third arbitrator acceptable to both of them within a further ten (10) business days.

(II)
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The arbitration shall be conducted in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17, unless the parties otherwise agree. If the issue in dispute is particularly time sensitive, the parties shall, in good faith, take such reasonable steps as may be required to expedite the arbitration process. In any event, all disputes shall be submitted to the arbitrator within thirty (30) calendar days of the selection of the arbitrator. All arbitration meetings and proceedings shall be held in Toronto, at a time and location determined by the parties, but in any event no later than thirty (30) calendar days following the submission of the dispute to the arbitrator. In addition to the examination of the parties by each other, the arbitration panel may examine, in the ordinary course, the parties or either of them and the witnesses in the matter referred to the arbitration panel, and the parties and witnesses, if examined, shall be examined on oath or affirmation. The arbitration panel shall, after full consideration of the issues in dispute, the relevant facts and applicable law, render a decision within thirty (30) calendar days after argument of the issue to the arbitrator, which decision shall be final and binding on the parties and not subject to appeal or challenge, except such limited relief provided under Subsection 45(1)(appeal on a question of law, with leave) or Section 46 (setting aside award) of the Arbitration Act, 1991. Each party shall bear its own costs and expenses incurred in the arbitration, and the parties shall share equally in the costs and expenses of the neutral arbitrator. Any award of the arbitration panel may, at the instance of either of the parties to this Agreement and without notice to the other of them, be made an Order of the Superior Court of Ontario, pursuant to the Arbitration Act, 1991 and the Courts of Justice Act, R.S.O. 1990, c.C-43.
(III)
(IV)
(V)
(VI)
(l)
Responsibility No act or omission of Metrolinx, its servants or agents, in connection with the Consultants performance of the terms of the Contract shall relieve the Consultant of any obligation, duty or liability arising out of the Contract, unless the Consultant has brought to the attention of Metrolinx by written objections to such acts or omissions and received from Metrolinx written instructions overruling
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such objections and has complied with those instructions in accordance with good practice applicable to its consultancy. (m) Time (i) The Consultant shall perform the Services expeditiously to meet the requirements of Metrolinx. The Consultant shall complete any portion or portions of the Services in such order as Metrolinx may request. Metrolinx shall have the right to take possession of and use any completed or partially completed portions of the Services notwithstanding any provisions of the Contract to the contrary. In any event, the Consultant shall use its best efforts to expedite the provision of the Services, and deliver to Metrolinx the drawings and documents on or before the dates set out in the Articles of Agreement. Time is of the essence in the performance of the parties respective obligations.
(ii) (n)
Cost and Schedule of Progress The parties hereto agree that the Articles of Agreement attached hereto and forming part of the Contract, represents: (i) (ii) the total cost including all expenses associated with each Deliverable identified in Appendix B; and the schedule of progress for each of the Deliverables identified in Appendix B.
(o)
Subsequent Changes in Cost or Schedule of Progress The Consultant will require prior approval in writing by Metrolinx for the following changes: (i) (ii) any change in the cost beyond those outlined in the Articles of Agreement (by Amendment); and any change in the schedule of progress (by letter/Amendment).
(p)
Reporting of Progress The Consultant shall provide Metrolinx with a written report showing the actual and predicted progress of the Services as outlined under Appendix B.
(q)
Notices Any notices, orders, decisions, directives or communications given by one party to the other shall be in writing and shall be delivered to (i) the Consultant at the
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address as shown on Page 1 of the Form of Request, or (ii) Metrolinx, to 20 Bay Street, Suite 600, Toronto, Ontario, M5J 2W3 (facsimile 416-869-3525, to the attention of the assigned Project Manager), and shall be deemed to have been received by the party on the day delivered to the party by hand or by facsimile transmission or other form of recorded transmission or, if mailed, on the sixth day following the day on which it was mailed. (r) Status If the Consultant is a corporation, the Consultant has been duly incorporated and organized, is validly existing under the laws of its jurisdiction of incorporation and has not been dissolved. (s) Capacity The Consultant has the capacity and authority to enter into the Contract and to perform the obligations under the Contract. The Consultant represents and warrants that it has the professional accreditation required to perform the Work and is in good standing in any regulatory or self-regulatory body having jurisdiction over such accreditation. (t) Authorization The entering into, execution and delivery of the Contract and the performance by the Consultant of its obligations hereunder has been duly authorized by all necessary proceedings. (u) Conflict with Other Agreements The entering into, execution and delivery of the Contract does not and shall not result in a breach of and/or constitute a default under, or create a state of fact, which after notice or lapse of time or both, or otherwise, would constitute a default under any term or provision of the constating documents of the Consultant, the by-laws or resolutions of the Consultant or any agreement or instrument to which the Consultant is a party or by which it is bound. (v) Date-Related Compliance The Consultant covenants and warrants that date-related processing shall not in any way prevent any material, equipment or system, specified for use in connection with the provision of the Work, from performing its required function(s). (w) Entire Agreement This Contract constitutes the entire agreement between the parties relating to the subject matter of this Contract and, except as stated in the Contract, contains all the representations, warranties, covenants and agreements of the respective parties
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relating to the subject matter of this Contract. There are no oral representations, warranties, covenants and agreements by the parties of any kind. This Contract may not be amended or modified in any respect except by written instrument signed by the parties. In the event that circumstances require an amendment to the Contract, the parties will use their best efforts to mutually agree to any required changes. (x) Assignment The Contract, or any portion thereof, shall not be assigned or delegated nor shall any of the Services provided for hereunder be subcontracted without the prior written consent of Metrolinx. Such consent shall not unreasonably be withheld. (y) Previous Agreements The Contract supersedes all previous agreements, arrangements or understandings between the parties, whether written or oral, in connection with, or incidental to, the Work. (z) Severability If any provision of this Contract is determined by a court of competent jurisdiction to be invalid or unenforceable, whether in whole or in part, such invalidity or unenforceability shall only attach to such provision to the extent it is determined to be invalid or unenforceable and everything else in the Contract shall continue in full force and effect. (aa) Approval By Other Authorities Unless otherwise provided in the Contract, where the work of the Consultant is subject to the approval or review of an authority, department of government, or agency other than Metrolinx, the Consultant, with the prior consent of Metrolinx, may carry out preliminary discussions in connection with such approval but applications for approval or review shall not be obtained by direct contact by the Consultant with such other authority, department of government or agency unless the Consultant is requested to do so by Metrolinx. (bb) Nature of Relationship The parties acknowledge that the Consultant is an independent contractor and neither it nor any employee hired by it are employees of Metrolinx. The Consultant shall hire such staff as it considers appropriate to perform its obligations under the Contract. Metrolinx does not have the right to hire such employees, to supervise them, to control their work or to discharge them. Metrolinx shall not have any responsibility for determining or paying the compensation of such employees. Metrolinx and the Consultant hereby disclaim the creation hereby of a general agency, limited agency, partnership, joint venture,
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master/servant relationship or employer/employee relationship. The powers and obligations of Metrolinx and the Consultant are therefore restricted expressly to those provided for in the Contract and Metrolinx and the Consultant agree that no representations shall be made or acts undertaken by either of them which could establish or imply any apparent relationship of agency, partnership or employment and neither party shall be bound in any manner whatsoever by any agreements, warranties, representations or actions of the other party to such effect. (cc) Applicable Law The Contract shall be interpreted in accordance with and be governed by the laws of the Province of Ontario and the Federal laws of Canada applicable therein. (dd) Contingency Allowances (i) (ii) The Total Contract Price includes all Contingency Allowances identified in the Contract. The Contingency Allowance shall be for undefined and/or additional Work and shall only be expended at Metrolinx sole discretion, with the prior written approval of Metrolinx, for the purpose(s) identified by Metrolinx. Should the cost of performing the Services under the Contingency Allowance exceed the amount of the Contingency Allowance identified in the Contract the Consultant shall be compensated for any additional cost that is incurred plus an amount for overhead and profit. Should the cost of performing the Services under the Contingency Allowance be less than the amount of the Contingency Allowance identified in the Contract Documents the Consultant shall only be compensated for the actual cost of performing the Services. The Consultant may, at Metrolinxs sole discretion, be required to provide three (3) quotes to Metrolinx for any Services to be performed under the Contingency Allowance. All expenditures by the Consultant under the Contingency Allowance must be substantiated. The Consultant shall only be compensated for expenditures under the Contingency Allowance that are substantiated.
(iii)
(iv)
(v)
(vi)
2.
French Language Services (a) Definitions (i) "French Language Services Act" means the French Language Services Act, R.S.O. 1990, c.F. 32, as amended.

(ii)
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"French-designated Area" means an area designated from time to time in the Schedule to the French Language Services Act (Ontario). A map and complete listing of French-designated areas is available at http://www.ofa.gov.on.ca/en/flsa-mapdesig.html.
(b)
French Language Services (i) Insofar as this Contract relates to the provision of Services directly to the public on behalf of Metrolinx, the French Language Services Act, R.S.O. 1990, c. F. 32 and any amendments thereto (hereinafter referred to as "the FLSA") shall be applicable. A person has the right in accordance with the FLSA to communicate in French with, and to receive available services in French where the Consultant's work is located in or serves an area designated in the FLSA Schedule. It shall be the Consultant's responsibility to provide translation services to any person making such a request as per R.S.O. 1990, c. F.32, s. 5(1). A service refers to any service or procedure provided to the public, including communications. Services being provided in French must be equivalent to those offered in English, available within the same timeframe and of the same quality. Services and communications in designated areas include, but are not limited to: (A) Consultations/Public Meetings Presentation materials, displays, comment cards/feedback mechanism or other materials are available in French. Consultant has at least one bilingual staff or interpreter on hand able to answer questions and discuss technical drawings/documents in French. When relevant, the Consultant will compile and analyze the views of Francophones separately, because they may have different concerns. (B) Signage Construction contracts may from time to time involve erecting temporary signage to redirect or warn the public of hazards. Such signage will be bilingual. (C) Communications
(ii)
(iii) (iv) (v)
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Communication plans, customer impact documents, information bulletins, notices of service disruption and public relations information will be bilingual. (D) Marketing/Advertising Advertising, promotion, publicity will be undertaken in English and French. A list of Francophone media is available at: http://www.ofa.gov.on.ca/en/franco-media.html. (E) Consultants Staff The Consultant will have a bilingual staff available to attend consultations or public meetings. (F) Translation Services The Consultant will have a staff or procure the services of a professional translator or interpreter, accredited by the Association of Translators and Interpreters of Ontario. http://www.atio.on.ca/ 3. Services (a) Services of the Consultant The Services to be provided by the Consultant relating to the Work are described in the Consultants Scope of Services attached hereto as Appendix B, forming part of the Contract. The Consultant shall perform such Services and any changes, alterations and additional Services, pursuant to Section 3(g) herein, subject to and in accordance with the terms of the Contract. (b) Services of Metrolinx The Services provided to the Consultant by Metrolinx relating to the Work are described in the Schedule of Metrolinx Scope of Services attached hereto as Appendix C forming part of the Contract and hereinafter referred to as the Metrolinx Services. (c) Standard of Care of Staff And Methods The Consultant shall represent and warrant it shall use the best available methods in providing the Services and shall employ only skilled and competent staff who will be under the supervision of a senior member of the Consultants staff. All staff shall possess, or where permitted, shall be supervised by persons who possess the professional accreditation required to complete the Work. The Consultant will conduct the Services in a manner that will maintain good relations with the general public and property owners.

(d) Drawings And Documents
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Drawings and documents or copies thereof required for the Work, in the possession of one party and required by the other party will be provided by the first mentioned party upon request. All original plans, drawings, specifications, designs, computer/CADD files, data and documents prepared by the Consultant for the Work shall be, and remain, the property of Metrolinx and Metrolinx may reproduce or sell or distribute for use all such plans, drawings, specifications, designs, computer/CADD files, data and documents. The Consultant may, retain a copy of such documents for record purposes only, and shall not use, nor permit the use thereof, for any other purpose without the prior written consent of Metrolinx. (e) Intellectual Property (i) Consultants Intellectual Property Metrolinx and the Consultant hereby agree that the Consultant, its contracted affiliates and its subconsultants have created, acquired or otherwise have rights in, and may, in connection with the performance of the Services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in various intellectual and other property, including, without limitation, concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates, the generalized features of the structure, sequence and organization of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, coherence and methods of operation systems (collectively, the Consultants Intellectual Property) (ii) Ownership of Deliverables For the purposes of this agreement, Deliverables shall mean all work product first created by the Consultant for delivery to Metrolinx in connection with the Services provided hereunder, but shall not include any third-party software or related documentation licensed directly to Metrolinx from a third party, or any modifications or enhancements thereto or derivatives thereof. Subject to Metrolinx full and final payment to the Consultant hereunder, the Consultant shall: (A) transfer, assign and convey to Metrolinx all right (including copyright), title and interest in the Deliverables (except for any Consultants Intellectual Property contained therein); permanently waive in favour of Metrolinx any moral rights, as defined in the Copyright Act, R.S. 1985, c. C-42, which it may have in or to any Deliverables and provide to Metrolinx a written permanent waiver, in a form acceptable to Metrolinx, of moral
(B)
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rights of every author (including subconsultants and contracted affiliates) who contributed to such Deliverables; and (C) grant to Metrolinx a non-exclusive, royalty-free, worldwide, perpetual, non-transferable licence to use, for Metrolinx internal business purposes, any Consultants Intellectual Property contained in the Deliverables.
(iii)
Ownership of Consultant Intellectual Property To the extent that the Consultant uses any Consultants Intellectual Property or any other intellectual, industrial, or other property in connection with the performance of the Services, the Consultant shall retain all right, title and interest in and to such property, and, except for the licence expressly granted in Paragraph 3(e)(ii)(C) herein, Metrolinx shall acquire no right, title or interest in or to such property.
(f)
Records And Audit (i) The Consultant shall maintain such accurate records relating to the Work as may be required to substantiate all invoices submitted to Metrolinx for payment. For the purpose of determining fees calculated on a time basis, the Consultant shall keep a detailed record of the hours worked by and salaries paid to its staff employed providing the Services. During the term of the Contract and for a period of two (2) years thereafter, Metrolinx may inspect and audit the books, payrolls, accounts and records of the Consultant during regular office hours with respect to any item which Metrolinx is required to pay on a time scale or disbursement basis arising from the Contract. The Consultant, when requested by Metrolinx, shall provide copies of receipts and/or other appropriate supporting documentation with respect to any disbursement for which the Consultant claims payment under the Contract.
(ii)
(iii)
(iv)
(g)
Changes, Alterations And Additional Services (i) Metrolinx may in writing at any time after the execution of the Contract or the commencement of the Services, request changes in the scope of the Services of the Consultant to be performed hereunder. Where such changes involve any increase or decrease in the amount of the Consultants compensation, such amounts shall be mutually agreed upon in writing by and between Metrolinx and the Consultant prior to the Consultant undertaking any such work.

(ii)
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Within ten (10) business days of the receipt of a change request, the Consultant shall advise Metrolinx whether the changes are possible, the cost of the changes, and what affect such changes will have on the Contract. If the cost impact of such changes actioned by Metrolinx necessitates additional staff or services, the Consultant shall be paid in accordance with Subsection 4(a)(ii) herein.
(h)
Replacement of Project Team Members (i) When specific persons have been named in the Contract as performing the Work or as having specific roles and/or responsibilities in the performance of the Work, the Consultant shall provide the services of the persons so named. If at any time the Consultant, for reasons beyond its control, is unable to provide the services of any specific person named in the Contract, it shall provide a replacement person who possesses equal qualifications, experience and ability. The Consultant, prior to replacing or substituting any specific person named in the Contract, shall provide a written notice to Metrolinx requesting to replace or substitute the person. The request shall identify: the person being replaced; their role and/or responsibility in the performance of the Work; the reason why it is necessary to replace that person; the replacement persons name, qualifications, experience and references. The replacement person must be acceptable to Metrolinx. In the event the replacement person is acceptable to Metrolinx, Metrolinx shall give the Consultant written permission to make the replacement or substitution. The Consultant shall not replace any members of its Project Team named in the Contract without the written permission of Metrolinx. Such permission shall not be unreasonably withheld.
(ii)
(iii)
(iv)
4.
Fees and Disbursements (a) Basis of Consultants Remuneration (i) Payments Calculated on a Lump Sum Basis The lump sum or unit price quoted for each task shall form the basis of payment by Metrolinx under the Contract as specified in the Articles of Agreement subject to such additions and deductions as may be properly made under the terms hereof. The amounts payable for each of the Deliverables are set out in the Articles of Agreement.

(ii) Changes or Altered Services
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Where, under Section 3(g) herein, Metrolinx has changed or altered the whole or any part of the Services, or has requested the Consultant to provide a change in Services from those set forth in Appendix B, the Consultant shall be paid for such altered Services using one or more of the following methods: (A) (B) by estimate and acceptance of a lump sum; by an estimated time basis subsequently agreed upon and the Maximum Hourly Billing Rates for positions utilized in the performance of the Services; or by cost and a fixed or percentage payment.
(C) (iii)
Records Where Payment Calculated on a Time Basis Where the Consultant is paid on a time basis for any portion of the Services, no part of such payment shall be based upon hours of work that have not been recorded as required by Section 3(f) herein or upon any costs other than those costs identified under the Articles of Agreement.
(b)
Payment of Consultant (i) Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate to the amount of the Contract, of the Services performed as of that date. Applications must include a detailed monthly Consultant status report for the period covered. Metrolinx shall, no later than ten (10) business working days after the receipt of an application for payment from the Consultant, approve the invoice or issue a certificate for payment in such other amount as is determined to be properly due. If Metrolinx amends the application, the Consultant shall be promptly notified in writing giving reasons for the amendment. Metrolinx shall make payment to the Consultant no later than fifteen (15) business days after the approval of the invoice or issuance of an approved certificate of payment. Metrolinx retains the option to hold back an amount not exceeding ten percent (10%) of each Consultants invoice pending acceptance of the individual deliverables. The invoices of the Consultant, quoting the Contract number, shall be addressed to and sent to:
(ii)
(iii)
(iv)
(v)

Metrolinx Accounts Payable Department 20 Bay Street, Suite 600 Toronto, Ontario M5J 2W3 (c) Reimbursable Expenses
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All reimbursable expenses are to be covered within the individual deliverables and are not to be submitted as a separate item unless otherwise noted in the Articles of Agreement. 5. Default By Consultant (a) Events of Default The Consultant shall be in default under the Contract on the occurrence of any of the following events (Events of Default): (i) if any representation or warranty made by the Consultant herein is or becomes incorrect or untrue or any statement or other document heretofore or hereinafter furnished by or on behalf of the Consultant pursuant to or in connection with the Contract proves to have been false in any respect at the time as of which the facts therein set forth were stated or certified, or proves to have omitted any substantial material fact; or the Consultant does not complete the Work in a timely manner or the Consultant does not observe or perform any of its obligations under the terms of the Contract; or the Consultant ceases or threatens to cease to carry on its business; or the Consultant becomes insolvent, bankrupt, makes a Request or files an assignment for the benefit of creditors under the Bankruptcy and Insolvency Act (Canada) or similar statute, including without limitation the Companies Creditors Arrangement Act (Canada); a petition in bankruptcy is filed against the Consultant; or steps are taken under any legislation by or against the Consultant seeking liquidation, winding-up or dissolution of the Consultant; or a receiver, receiver and manager or trustee is appointed in respect of the Consultant; or the holder of a security interest takes possession of all or a substantial part of the Consultants property or undertaking.
(ii)
(iii) (iv)
(v) (vi)

(b) Rights upon Default
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If at any time the Consultant fails to complete the Work as required, Metrolinx shall have the right to take such action as to complete the Work or cause the Work to be completed in respect of such period. The Consultant shall indemnify Metrolinx for any cost or expense incurred by Metrolinx for the Consultants failure to comply with its covenants herein, as provided in Article 7 herein. In addition, Metrolinx may deliver a written notice to the Consultant which describes the Event of Default relied upon, and which further provides that unless such Event of Default is waived by Metrolinx or cured within a five (5) business day period, Metrolinx shall have the right to terminate the Contract with the Consultant and make such alternative arrangements to secure satisfactory completion of the Work as Metrolinx may, at its sole discretion, consider necessary. The Consultant shall be liable for any damages or additional expenditures incurred by Metrolinx as a result of such termination. Metrolinx may deduct from monies due under the Contract, as certified by the Chief Financial Officer of Metrolinx, required to compensate Metrolinx for such damages or additional expenditures. (c) Other Rights Upon Default, Metrolinx shall have, in addition to the rights specifically provided in the Contract, all rights given to it by statute or by common law. No such right shall be exclusive of or dependent upon any other right and one or more of such rights may be exercised independently or in combination from time to time. (d) Deficiency Notwithstanding the exercise of any rights in Section 5(b) herein, the Consultant shall remain liable to Metrolinx for fulfilment of any obligations which are outstanding following any Event of Default. 6. Liability (a) Limitation of Liability The Consultant shall not be liable to Metrolinx for any loss which is occasioned by a delay beyond the control of the Consultant, or for any loss which in any manner relates to loss of earnings, profits or products, or consequential damages of Metrolinx, caused in any manner whatsoever, or any other damages of Metrolinx which do not flow from a breach of the Consultants standard of care provided in Section 3(c) herein.

(b) Strict Liability
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The Consultant shall be strictly liable for any loss or damage to any computer system, programs or data and CADD files provided by Metrolinx, as a result of any act of the Consultant, its employees, officers or agents being allowed access to and use of it or them unless such loss or damage is as a result of the negligent act or failure to act of Metrolinx. 7. Indemnification (a) Indemnification for Claims The Consultant hereby indemnifies and holds Metrolinx harmless in respect of the amount of any claim, loss, cost, expense, liability, fine, penalty, interest, payment or damage (including reasonable counsel fees) (hereinafter collectively referred to as the Claim) incurred by or asserted against Metrolinx collectively resulting from or in connection with the breach of any of the representations and warranties made by the Consultant herein or the breach or non-fulfilment of any of the covenants, conditions and agreements made by the Consultant herein, including without limitation any failure by the Consultant to complete the Work as required by the Contract. If Metrolinx determines that it is entitled to indemnification under this Section 7(a), it shall give the Consultant notice of the Claim (a Claim Notice) and the provisions of Section 7(c) herein shall apply. (b) Damage to Metrolinx Property The Consultant hereby indemnifies and holds Metrolinx harmless for all loss or damage suffered by Metrolinx to any of its property arising as a result of the wilful or negligent act or failure to act of the Consultant or any of its employees, servants or agents (Damage). (c) Right to Set-off In the event that there is a Claim under Section 7(a) herein or Damage under Section 7(b) herein, Metrolinx shall have the right to set-off the amount of such Claim or loss or damage against any amounts owing to the Consultant by Metrolinx in respect of the Work, provided that Metrolinx shall deliver at Claims Notice in respect of a Claim or Damage at least three (3) business days prior to setting-off the amount of the Claim or Damage against any amounts owing to the Consultant.
APPENDIX B CONSULTANTS SCOPE OF SERVICES
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1.
Introduction and Project Objectives (a) The Big Move, regional transportation plan for the Greater Toronto and Hamilton Area (GTHA), identifies a 25-year plan for the regional rapid transit and highway network. The first wave of projects is already underway with over $16 billion in dedicated funding. The Next Wave (i.e., to be funded) of projects has been selected through business case analysis and in cooperation with municipal needs. Overcrowding on the Yonge subway has been identified as a key local and regional issue affecting the potential for future growth. The Downtown Relief Line (hereafter referred to as the Relief Line) was moved to The Big Move 15 year plan and Next Wave projects to help address this issue of overcrowding on the Yonge subway and on other overflowing arteries of the Toronto transit system. The Relief Line diverts riders from peak sections of the Yonge subway and provides additional rapid transit capacity into and through Downtown Toronto. Given that this project is still in the early planning stages and will require substantial investment (estimated in the $3.2B- $7.4B range, depending on scope), Metrolinx is investigating a broad range of options for addressing Yonge subway capacity relief. As part of the further analysis of Next Wave projects and leading up to the 2016 full legislated update to The Big Move, Metrolinx has initiated the Relief Line Network Study (RLNS) to address the following key questions: (i) From a system-based perspective, what are the transit network alternatives that relieve the Yonge-University-Spadina subway and provide the greatest net value and system-wide benefits? (A) What are the range of alternatives that need to be considered including subway, LRT, and GO Rail based options, and policy measures (e.g., fare changes)? What is the optimal phasing of affected Next Wave priority projects?
(b)
(c)
(B) (d)
The RLNS will be an approximately 14-month consultant study. Key milestones for this study include reports to the Metrolinx Board of Directors on preliminary findings in early 2014 and full recommendations in late summer/early fall 2014. Analysis will consider a range of infrastructure and policy alternatives, including the phasing of the Yonge Subway extension, the Relief Line, potential upgrades to the Richmond Hill and Stouffville GO corridors, operational solutions, and a range of other alternatives to be developed. Benefits will be assessed through the lens of the three pillars of The Big Move, namely the relative contribution of each alternative to the delivery of a more sustainable environment, a prosperous and economically vibrant region, and a higher quality of life.
(e)

2. Background and Relevant Studies (a)
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The Relief Line Network Study will build upon a number of relevant studies, outlined below. Metrolinx will provide any internal information and studies relevant and necessary for the project. Metrolinx, Toronto and York Region are coordinating integrated work streams on relevant regional relief planning studies. The RLNS will be conducted in parallel to the TTCs work scoping an alignment for the Relief Line (i.e., Downtown Rapid Transit Expansion Study Phase 2), the City of Torontos Official Plan review, and continued planning for the Yonge North extension. Background (i) The Yonge Subway functions as the backbone of rapid transit access North-South along the City of Toronto and serves residents across the City of Toronto and York Region. As discussed, this line currently operates at capacity. The Next Wave projects include a number of investments that affect ridership on the Yonge subway, including the Spadina subway extension, Yonge North subway, two-way all day service on the Richmond Hill and Stouffville GO lines, and the Relief Line (Figure 1). There are a number of funded projects underway to provide much needed additional capacity on the Yonge subway, including new subway trains (2014) and Automatic Train Control (2016). In addition, the Spadina subway extension, planned to open in 2016, will also divert riders from the Yonge subway. However, with the currently funded capacity improvements, the Spadina subway extension, the planned Yonge North subway extension, and projected ridership increases attributed to population and employment growth, the TTC has predicted that the Yonge subway will still be at capacity by 2031 (Downtown Rapid Transit Expansion Study, 2012). Delivering options that relieve the Yonge Subway is a key issue for the travelling public, Metrolinx, TTC, City of Toronto, and York Region, among others.
(b)
(c)
(ii)
(iii)
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Figure 1: Relief Line and other Next Wave Projects Affecting Yonge Subway Ridership
(d)
Key Inputs and Parallel Studies (i) Options Scoping for Northern GO Corridors Study This study is currently ongoing as preparatory work for the Relief Line Network Study. Its objective is to scope out packages of best possible improvements to the Richmond Hill and Stouffville GO corridors to make travel times on those corridors more competitive with the Yonge Subway, and thus potentially offload passengers from the Yonge Subway. The study outcome will include recommendations for travel speed and frequency improvements for each corridor. The study may also include recommendations for additional stations. Recommendations and outcomes of this study will inform the development of alternatives in Task C of the RLNS. The Options Scoping for Northern GO Corridors study is slated to conclude in August and the consultants working on this study will pass along the methodology and results to the successful consultant team for the RLNS. (ii) Downtown Rapid Transit Expansion Study (DRTES) Phase 1 (A) Phase 1 of the DRTES was completed in 2012 by the TTC. This study identifies and assesses potential rapid transit improvements into and within downtown Toronto. The study found that given a reference network of planned transit expansion coupled with forecast population and employment growth, the Yonge subway in the segment south of Bloor Station will be over capacity in 2031. The study finds that a downtown relief line diverting passengers from the east traveling towards downtown would sufficiently offload the Yonge Subway to accommodate ridership growth.

(B) The DRTES report recommends that: (I)
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The City, TTC and Metrolinx continue to work jointly to plan for new and/or improved grade-separated rapid transit services into the downtown from the east and the north TTC proceed with evaluating Relief Line alignments City of Toronto protect for the Relief Line in the Official Plan update
(II) (III) (C)
The DRTES report also recommends that Metrolinx look at capacity relief options utilizing the northern GO corridors, which is occurring via the Options Scoping for Northern GO Corridors.
(iii)
Downtown Rapid Expansion Study - Phase 2 The TTC is currently pursuing DRTES Phase 2 to evaluate potential alignments for the eastern segment of the DRL and develop a conceptual design. Planned completion of this study is in Q3 of 2014.
(iv)
City of Toronto Official Plan Review The City of Toronto is currently undertaking a review of its Official Plan, including an update to the planned transit network, including a list of priority projects. The OP review will culminate in a report to the Planning and Growth Management Committee in October-November 2013 confirming priority projects and connective revenue tools to the priority projects.
(v)
Bloor-Yonge Station Redesign The TTC is working on developing alternatives for a six-platform renovation to Bloor-Yonge Station. Preliminary study results provided direction on dominant passenger movements during both the AM and PM peak periods, the effects of adding an additional platform on the BloorDanforth line, and the impacts of potential service disruptions on station operations. Further analysis is underway to determine the impacts of the AM peak period operating strategy currently in place, potential similar strategies for the PM peak period, the impacts of a RL on station operations, and the extent of renovations required to accommodate future ridership.
(vi)
Yonge North Subway Extension Benefits Case Analyses v1 (09); v2 (13) The Yonge North Subway Extension Benefits Case Analyses (BCA) present an economic evaluation of the Yonge North Subway extension to
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Richmond Hill Centre from Finch Station in terms of costs and broader economic, environmental, and social benefits. The BCA looks at three options: an extension to Steeles, an extension to Richmond Hill Centre, and a BRT extension to Richmond Hill Centre. The BCAs have also examined several Richmond Hill GO options in parallel to Yonge Street Corridor options. (vii) Union Station 2031 Metrolinxs Union Station 2031 study looked at options to alleviate Union Station capacity, should a scenario be identified that would require it. The recommendations of the DRTES Phase 1 report are consistent with options identified in Union Station 2031. (e) Other Parallel Studies (i) The Investment Strategy (A) The Investment Strategy proposes a series of 24 recommendations as part of a four-part plan to integrate transportation, growth and land use planning in the GTHA, maximize the value of public infrastructure investment, optimize system and network efficiencies, and dedicate new revenue sources for transit and transportation. The Tools - Based upon the principles of dedication of funding, fairness, equity and accountability, and informed by broad and deep consultation throughout the GTHA, Metrolinx is recommending the following investment tools to fund The Big Moves Next Wave: One Percentage Point Increase to the Harmonized Sales Tax (A Mobility Tax Credit is also recommended to help ensure the proposed HST increase does not disproportionately burden those with lower incomes. The cost of this credit about $105 million annually would be paid by the revenue generated from the tax increase.) (I) (II) (III) (D) Regional Fuel and Gasoline Tax 5 cents per litre Business Parking Levy Development Charges Amendments
(B)
(C)
Policy Recommendations - Three additional tools are being recommended because of their positive policy benefits such as improving the efficiency of the transportation network, building
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more walkable and livable communities, encouraging transit ridership, and making the most of the infrastructure we have: (I) (II) (III) (ii) High Occupancy Toll Lanes Pay for Parking at Transit Stations Land Value Capture
Lakeshore Express Rail Study The Lakeshore Express Rail Study, an ongoing study, is looking at options for faster and more frequent service on the Lakeshore corridor. The study objectives include refining the Express Rail concept, using some of the work flowing from the Electrification Study, and developing a service concept for the designated lines. This study also includes a ridership and market assessment of different service concepts. This study may have implications for the Relief Line Network Study.
(iii)
Fare and Service Integration Study Metrolinx is undertaking work towards the development of a fare and service integration strategy for the Greater Toronto and Hamilton Area (GTHA). The intent of the undertaking is to identify short and longer term solutions for improving fare integration, enhancing the customer experience, promoting ridership growth, improving mobility across the region, and moving people more seamlessly and efficiently by public transit. The fare integration component will consider the challenges and opportunities of multiple existing fare policies, cost and revenue implications, and opportunities to build on existing systems and tools. In conjunction with fare integration, the service integration component will provide directions and guidance on the topic of transit service integration across the region. An integrated fare and service strategy will support better service for customers and provide more transit options for travellers in the GTHA. The RLNS will serve as an input to the Fare and Integration Study which is expected to conclude after the RLNS wraps up.
(f)
Other Studies (i) The Big Move The Big Move includes the Yonge North Subway extension to Richmond Hill Centre in the Top Priority Transit Projects. Research and analysis post-TBM indicates that the transit network into the downtown will face capacity constraints; specifically that planned capacity improvements to the Yonge-University-Spadina (YUS) subway may not be sufficient to
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accommodate forecast ridership demand in 2031, necessitating further solutions for capacity relief. (ii) Yonge North Subway Extension Demand Forecasting Report This report documents ridership forecasts for the Yonge North Subway Extension with 2031 land use in the Greater Toronto Area. These forecasts were used by consultants in preliminary designs for stations on the subway extension. (iii) GO 2 Way All Day Benefits Case Analysis The GO Rail Benefits Case Analysis evaluated long term service options on five GO rail corridors. The BCA looked at increased peak service and two way all day service on the Barrie, Lakeshore East, Milton, Richmond Hill, and Stouffville corridors. Although this is a long term view on GO Rail corridors, and is out-of-date in terms of service assumptions and current understandings of likely service scenarios, it may help inform the development new service options. (iv) Union Station Rail Corridor Capacity Study The Union Station Rail Corridor Capacity Study looked at feasibility and options to accommodate increased peak service in Union Station and the Union Station Rail Corridor, and provides background on Union Station capacity which may impact GO-based options in the Relief Line Network Study. (v) Union Station Pedestrian Movement Study Metrolinx completed a joint study to review the future forecast year (2031) pedestrian movement issues at Union Station under alternative operating and passenger demand scenarios, including a Two Way All Day scenario and a Double Berthing scenario. (vi) Bloor Yonge Pedestrian Movement Study TTC have completed pedestrian microsimulation studies for the Bloor Yonge Station complex. These quantify the pedestrian movement characteristics of the station. (vii) Gardiner Expressway and Lake Shore Boulevard Reconfiguration Environmental Assessment (EA) The reinvigorated EA for the Gardiner Expressway will consider four alternatives: Do Nothing, Improve, Replace, and Remove and includes balance modes of travel as a goal. Stakeholder and public consultation will occur in the coming period with a recommended alternative expected
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in early 2014. The Gardiner represents a significant means of access into downtown and potential changes could impact the transit network. Likewise, upgrades to the transit network could impact traffic flows on the Gardiner as well. The work, recommendations, and consultation for the EA should be considered for interrelationships with the RLNS. (viii) Electrification Study The Electrification Study, completed in December 2010, looked at the feasibility of electrification of the entire GO rail system. The study was comprehensive in its approach and addressed the impact of different technologies at a high level of detail, including consideration of technological factors for current and future diesel and electric technologies. The studys Option 3 is the scenario recommended for priority project status. Appendix 3 of the Electrification Study lays out a GO Rail reference service scenario that has been used in other GO Rail service planning. 3. Study Organization and Approach (a) The study will be managed by the Policy and Planning department at Metrolinx (i.e., the Project Team). Due to the regional importance of this study, the RLNS will include a robust consultation approach and plan involving key stakeholders and the public. In addition to the Project Team, support and direction for the study will be provided by the following: (i) The Technical Advisory Committee (TAC) will be the primary group reviewing content and providing direction on the study. The TAC will ensure coordination between parallel studies, provide technical input at key milestones, and help to identify any potential issues with the study approach or findings. This committee has already been established and includes representatives from the TTC, City of Toronto, York Region Transportation Planning, York Region Rapid Transit Corporation, and Metrolinx/GO Transit. (A) As a subset of the TAC, a Modelling Working Group with participation from the TTC, City of Toronto, and York Region has been established to ensure consistency in land use and network assumptions.
(b)
(ii)
An Internal Working Group has been established, including GO Planning, GO Capital Infrastructure, GO Rail Operations, and Investment Strategy and Project Evaluation to provide technical advice on study inputs.

(iii)
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A Peer Review Panel composed of academics and senior transportation experts will review the methodology and analysis to ensure the study follows best practice approaches. A Stakeholder Advisory Group made up of opinion leaders from around the region will provide input and help to identify key public and stakeholder issues. Public meetings in Toronto and York Region will allow for input on study alternatives, evaluation criteria, and draft recommendations. The Metrolinx Senior Management Team and Board of Directors will be responsible for final approval of the study.
(iv)
(v) (vi) (c) (d)
Figure 2, below, illustrates the key points proposed for each of these groups to be involved in the study. Travel Demand Modelling Roles and Responsibilities (i) It is anticipated that the Greater Golden Horseshoe Travel Demand Model (GGHM) will be the primary tool for travel demand modelling to support the assessment of alternatives from the perspective of ridership impacts. Metrolinx will provide the consultant with limited access to the Greater Golden Horseshoe model and model documentation. For this study, the model will be operated by Metrolinx. The Consultant will prepare model inputs. Metrolinx will then operate the model and conduct preliminary quality control. The Consultant will review and analyse outputs and perform any necessary further quality control. The consultant should assume that a base scenario plus 3-5 alternative scenarios will be modelled for a total of approximately 8-12 model runs, depending on the extent of sensitivity testing.
(ii)
(e)
Public Consultation Roles and Responsibilities (i) The Consultant will be responsible for the organizing and facilitating public workshops at two points throughout the study: Task C - Identify Infrastructure and Policy Alternatives and Task G - Final Consultation and Study Recommendations. Each workshop will likely include 2-3 locations for a total of 4-6 meetings. Additional public meetings/stakeholder sessions may also be required on an emergent basis. As such, the consultant should budget for 7-9 public meetings and up to six stakeholder and interest group meetings, as required. The consultant should assume that public materials surrounding the events (from advertising and promotion to presentations) will likely require multiple drafts and approvals within Metrolinx and that Metrolinx will have final sign-off.

(ii)
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Workship organization and facilitation includes the following responsibilities: (A) Identify and book the workshop location. Events should be located at a facility large enough to accommodate approximately 100 people. Retain independent, third-party facilitator. Metrolinx will have final approval over the facilitator. Advertise/promote the event. All workshop logistics including such things as venue set-up, A/V equipment, onsite signage, flip charts, markers, refreshments etc. Develop the workshop agenda/approach. Prepare a PowerPoint presentation, display boards and any other AV/presentation materials as required. Develop questions to be used in panel discussions, if relevant Develop facilitator speaking notes and discussion questions/prompts, if relevant Participate in and lead a pre-meeting panel member briefing session to review the approach/agenda, discussion questions, roles etc (if relevant). Facilitate the workshop (an evening session of approximately two to three hours duration) Take notes at the event and write a concise key themes session summary Provide French translation of public consultation materials by the date of public meetings and workshops so that the material can be posted to the website the day of the meeting or the day after
(B) (C) (D) (E) (F) (G) (H) (I)
(J) (K) (L)
4.
Workplan The workplan for the RLNS is summarized in Figure 2, including the main tasks, and consultation, deliverables and timing associated with each task. Following the figure, this section describes each study task in detail. Anticipated consultation activities, deliverables, and executive reporting are identified at the end of each major task description. Figure 2: Relief Line Network Study Workplan Summary
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(a)
Task A: Establish Study Design and Consultation Plan (i) The consultant will prepare a study design at the outset of the project, outlining tasks, study process and milestones, methodologies, the review and approvals process, consultation, and timing and resources that will be applied to address the study objectives. The study design should link the workplan to parallel work within the organization and at the City of Toronto, the TTC, and York Region, building upon coordinated work conducted prior to consultant selection. The study design should also include a Critical Path Methodology schedule that meets the milestones set out in the workplan in figure 2. The Critical Path schedule should provide an indication of the resources (person hours) necessary for the completion of each task and deliverable. In addition, building upon work to date, Task A will include the development of a proactive consultation plan. This will present a strategy for receiving input and communication of findings and recommendations to: (A) (B) (C) (D) (E) Metrolinx Board and senior leadership; Provincial stakeholders; Technical Advisory Committee (TAC); Stakeholder Advisory Group; and, The public.
(ii)

(iii)
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The consultation plan should include public information centres and stakeholder workshops. The consultant should be prepared to develop and possibly host an interactive project website. The consultant will also be expected to manage the public consultation, including providing notice to the public, securing a venue, and other associated tasks. The study design and consultation plan will be developed in an iterative fashion with input from Metrolinx, the TAC, Stakeholder Advisory Group and Peer Review Panel. Consultation and Deliverables for Task A Consultation: TAC, Stakeholder Advisory Group, Peer Review Panel (A) Deliverables: (I) (II) Study Design (team, approach, work-plan, schedule, budget and allocation of resources by task and team member) Consultation Plan
(iv)
(v)
(b)
Task B: Background Review, Define Problem Statement and Develop Base Scenario (i) Background Review: Current and Future Needs (2006 and 2031) The Consultant will be responsible for reviewing relevant background and parallel studies, ensuring a comprehensive understanding of the range of issues the RLNS aims to address. The background review will building off of the Transportation Tomorrow Survey data, GGH model runs, transit agency ridership counts, and other data sources, and identify needs and opportunities building from an analysis of: (A) Market analysis of current and future Yonge subway (and related) ridership, including demographics, trip purpose, trip origin and destination; Current and future pinch-points in the network (e.g., Yonge and Bloor), including a review of existing and forecast pedestrian flow and pedestrian capacity challenges at transit nodes as passenger safety, comfort, and amenity are critical considerations for transit design Relevant current and future transit supply on the TTC, YRT, VIVA, and GO networks. This analysis should demonstrate an understanding of subway capacity estimations.
(B)
(C)

(ii) Problem Statement
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This Needs and Opportunities Report will lead into defining a problem statement for the RLNS. The problem statement will delineate the issues the study will address within a focused scope, differentiating the RLNS from antecedent and parallel studies, clarifying its intended contribution, and ensuring that the process of analysis will lead to specific and actionable recommendations. As part of the problem statement, the consultant will analyze and define the study area. It should be noted that it may be necessary to adjust the preliminary study area boundaries as the study progresses, to encompass the area that would be potentially affected be the direct and indirect impacts of the project. Drafting the problem statement will also be an important venue for consultation with internal and external stakeholders. (iii) Modelling Base Scenario (A) As part of the review of current and future needs, the consultant will be responsible for modifying and validating a current year and future year (i.e., 2031) base scenario in the GGH travel demand model. This will build off of substantial work done to date by Metrolinxs internal modelling team to develop the base scenarios. The consultant team will need to ensure that the base scenarios are adequate and contain valid assumptions to test the range of alternatives to be considered in the study. Some of the tasks that may be required in modifying and validating the base scenarios include: (I) (II) (III) (IV) (V) (VI) (B) Validating Yonge subway travel times Considering issues surrounding model resolution, particularly in the downtown core Creating revised surface transit network (including buses and streetcars) as required Validating land use assumptions Understanding model sensitivity to fare assumptions as basis for future fare policy alternatives Refining model treatment of access to local transit
Metrolinx has established a Modelling Working Group with participation from the TTC, City of Toronto, and York Region to ensure consistency in land use and network assumptions. Information has already been received from the group in
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developing the base scenarios. Additional meetings will likely be required with this group as part of this task. (iv) Consultation and Key Deliverables for Task B Consultation: Technical Advisory Committee, Modelling Working Group (A) Key Deliverables: (I) (II) (III) Current and Future Needs Analysis Problem Statement Modelling base scenarios (2006, 2031 with Yonge North Subway Extension, with Yonge North Subway Extension and Relief Line, do-nothing)
(c)
Task C: Identify Alternatives (i) Purpose and Overview The purpose of this task is to identify a short list of three to five scenarios to be advanced to detailed evaluation. The Task will begin by identifying a long list of credible infrastructure, operational, and policy alternatives to address the issues identified in the problem statement. Over the course of this task, the initial long list will be refined down to a short list using a screening process. After the most promising alternatives have been identified, the task will move to a bundling process designed to combine smaller alternatives into workable scenarios. (ii) Developing Long-List of Alternatives (A) Given the important character and broad interest in this topic, the consultant should seek to develop and assemble a wide range of alternatives, including new concepts, ideas discussed in the public realm and never formally studied, and those studied historically. Capacity relief options have traditionally focused on diverting ridership coming into downtown from the east and northeast. In order to develop a broad range of alternatives, the process should build from a first principles understanding of current and future travel patterns and markets and network performance. This will enable the identification of travel markets and development of philosophies to guide thinking on alternatives. Potential philosophies may include:
(B)

(I)
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Identification of concentrations of Yonge subway ridership by area of origin and diversion of those passengers from the at the point of origin to an alternative transit service Rethinking the relationship between GO Rail and TTC subway services in Toronto such that GO Rail assumes a more prominent function in short and medium-distance commutes Addressing capacity constraints directly at the location of the issue. In the context of the Yonge Subway this might mean an operational change utilizing Lower Bay Station to offload the segment of the Yonge subway south of Bloor St. Peak spreading potentially using fare incentives or direct interventions with large employers in the downtown core.
(II)
(III)
(IV) (C) (D)
Establishing a catalogue of alternatives will be a highly consultative process. As noted in the Background Studies section, the Options Scoping for Northern GO Corridors Study, slated to conclude in August 2013, will also inform the development of infrastructure alternatives. The study outcome will include a number of recommendations each for the Richmond Hill and Stouffville corridors to enhance service and travel times. Further refinement to these alternatives may be required as part of this study. Ultimately, the consultant will identify and thoroughly document a long list of alternatives. Some potential examples include: (I) Infrastructure: 1) 2) Relief Line Upgrades to the northern GO corridors (building on those identified by the Options Scoping for Upgrades to Northern GO Corridors) Streetcar upgrades; enhanced surface transit priority BRT on the Don Valley Parkway, connecting to GO New GO stations in Toronto and the related requirement for east-west GO capacity, either surface or underground, and/or upgrades to the USRC.
(E)
3) 4) 5)

(II) Operational Strategies: 1) 2) 3) (III)
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Express and local service on Yonge Subway (includes infrastructure component) 7 car subway trains Use of Lower Bay Station
Policy and Land-Use Initiatives: 1) 2) Land use forecast changes Fare changes to encourage alternate options to the Yonge Subway (e.g. TTC fare for Richmond Hill and Stouffville GO service) Policy interventions to promote peak spreading
3) (iii)
Screening of Long-List and Alternatives Bundling (A) Since it is not feasible to conduct a detailed evaluation of each alternative, a short-list of alternatives will be identified via a screening process. The screening process to be developed as part of the task should be transparent and defensible and based on sufficient evidence to communicate to external stakeholders and the public why an alternative was or was not considered for future analysis. The screening will be the only opportunity for presentation of evaluation of the full list of alternatives considered by the study and as such, is a critical opportunity to demonstrate the validity of the screening. Given the public consultation element associated with this task, this task will be a significant endeavor. After the long-list has been screened to pull out the most promising alternatives, alternatives will undergo an iterative bundling process wherein smaller alternatives may be combined to build 3-5 viable scenarios for further analysis.
(B)

Figure 3: Graphic Representation of Task C
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(iv)
Union Station (A) Union Station issues will need to be considered carefully in the study. If the consultant proposes a service concept more intensive than those demonstrated to be viable in the Union Station Rail Corridor Capacity Study, the consultant will provide a high-level rationale of why this service level will be feasible within the existing Union Station Rail Corridor and Union Station itself. Should Task C advance an alternative that cannot be accommodated within the existing Union Station and Union Station Rail Corridor, or requires a substantive change to operational practice, high-level investigation of a concept, feasibility and costs of required changes to Union Station will need to be considered.
(B)
(v)
Consultation and Key Deliverables for Task C Consultation: Technical Advisory Committee, Stakeholder Advisory Group, Peer Review, Public Consultation (A) Key Deliverables: (I) (II) (III) (IV) Long list alternatives, including detailed descriptions of each alternative Detailed documentation of the screening process conducted to move from the long list to the short list. Short list of three to five scenarios, including description of the concept that each scenario represents Summary of the unique considerations regarding Union Station redevelopment or renovation including costs and
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potential secondary benefits. Benefits may be out of the scope of the RLNS but nonetheless essential to the longterm viability of the GTHAs transit network. (d) Task D: Develop Evaluation Framework (i) Prior to consultant selection, Metrolinx will work internally to develop a preliminary evaluation framework to include a broad selection of evaluation criteria. Task D will focus on refining this evaluation framework for alternatives analysis in Task E and will proceed in parallel to the work of Task C Identify Infrastructure and Policy Alternatives. The work in Task D will begin with a joint review of the preliminary evaluation criteria prepared by Metrolinx. In contrast to a traditional planning study, the evaluation framework for the RLNS will include economic criteria typically associated with Benefits-Case Analysis or Multi-Account Evaluation. The up-front inclusion of economic indicators in the study is intended to provide a wider lens into the various benefits and costs of each scenario. Potential criteria may include: (A) Transportation User Benefits (I) (II) Ridership Markets and/or locations served by transit and by new rapid transit. This may include, for example, an analysis of impact to neighbourhoods now served by streetcars with closely spaced stops by transition to a subway with wider stop spacing. Yonge Subway (south of Bloor) volume to capacity ratio Travel time savings
(ii)
(iii)
(III) (IV) (B)
Network Benefits (I) (II) (III) (IV) Network connectivity - interface with other higher order rapid transit corridors Network wide benefits including number of new riders, number of people within 1 km of rapid transit Future network resiliency/future proofing/redundancy Deliverability and constructability and the potential for phasing

(V) (C) Impact to Union Station
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Socio-Community and Environmental Benefits (I) (II) (III) (IV) Social and community benefits and needs Job accessibility Development impacts Noise and emissions
(D)
Financial Evaluation (I) (II) Capital and operating cost Revenues
(E)
Economic Evaluation (I) Travel time savings, vehicle operating savings, safety benefits, agglomeration benefits, macro-economic impacts and land-value uplift Long-term economic impacts
(iv)
The consultant will need to consider the relative weighting of different criteria and develop a methodology for the inclusion of qualitative and quantitative metrics. The evaluation framework should be sufficiently well documented as to allow Metrolinx to apply it to additional alternatives in the future. Consultation and Key Deliverables for Task D: Consultation: Technical Advisory Committee, Peer Review (A) Key Deliverable: (I) Final Evaluation Framework, including documentation of rationale and clear, concise stakeholder-facing presentation of evaluation framework.
(v)
(e)
Task E: Analyze Scenarios and Preliminary Findings (i) The scenario analysis (Task E) will take the short-list of three to five scenarios developed in Task C and assess them via the evaluation framework finalized in Task D. Scenarios will be scored on qualitative and quantitative grounds and their various benefits and costs will be considered.

(ii)
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Travel demand analysis will be one key input into the evaluation. The consultant should assume one to two model runs per scenario during Task E. The Metrolinx modelling team will take the lead on conducting model runs; however, the consultant team will be responsible for developing model inputs and critically reviewing and checking model outputs. Sensitivity analysis (e.g. alternative land-use, population, and employment scenarios in the City of Toronto and York Region) should be conducted for the most promising scenarios. Resulting analysis will be comprehensively documented through a profile prepared on each scenario presenting its performance via the evaluation framework. This analysis should have a narrative element, ensuring successful communication of scenario evaluation to stakeholders and to the public. Scenario analysis will also include preliminary feasibility analysis of the scenarios recommended for advancement as well as identification, quantification, and mitigation of potential key obstacles around construction, implementation, and project delivery. Factors to be considered include: (A) (B) (C) (D) (E) (F) Engineering constraints Regulatory constraints Need for major property acquisitions Operational constraints Significant environmental constraints Socio-economic issues
(iii)
(iv)
(v)
(vi) (vii)
Potential community oppositionThese aspects will be considered in advancing recommendations. Outcomes of this task will point toward preferred scenarios that will relieve the Yonge Subway and perform well via other indicators in the Evaluation Framework. Work in this task will support a report to the Board on preliminary findings of the study, addressing questions such as: (A) What is the forecasted peak demand on the Yonge subway in 2031, if all planned infrastructure is constructed, and land use projections are achieved? How does relate to the future capacity of the Yonge subway?

(B)
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Do preliminary findings indicate if there are any other promising options to offload the Yonge Subway, in addition to the Relief Line?
(viii) Consultation and Key Deliverables for Task E: Consultation: Technical Advisory Committee, Peer Review, Modelling Working Group, Stakeholder Advisory Group (A) Key Deliverables: (I) Documentation of each scenarios performance vis-a-vis the evaluation framework, including narrative relating scenario performance to its underlying concept. Documentation of preliminary feasibility analysis Draft findings on preferred scenarios
(II) (III) (ix)
Executive Reporting: Report to Board in March/April 2014 (Metrolinx staff will take the lead on this reporting exercise with input from the consultant team)
(f)
Task F: Systems Analysis and Phasing Options (i) Task F will focus on developing a strategic phasing recommendation for the scenarios identified as preferred in Task E. In particular, analysis will focus on evaluating the relationship between different phasing options of the Yonge Subway Extension, as defined in the Yonge North BCA, the need for capacity relief on the Yonge subway south of Bloor Station, potential phasing of the Relief Line, and other scenarios, as identified. Work conducted during this task will develop several potential phasing options and will seek to understand the implications of each option, particularly with regard to Yonge Subway capacity. This analysis will explore the interdependencies of the different relevant projects and build an evidence base to support phasing recommendations. This will likely include: (A) (B) (C) High-level operational plans for the preferred alternative to include consideration of impact on existing and planned transit. High-level ridership and volume/capacity forecasts beyond 2031 using straight-line projection. High-level ridership forecasts beyond 2031 using more nuanced projections, taking into account potential changes in the
(ii)
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employment and residential balance across the region towards greater self-containment. (iii) The ultimate outcome of this task will be a recommended sequence of infrastructure projects and policy interventions. Depending on the outcomes of the sensitivity testing, some of these recommendations may relate to a timeframe beyond 2031. Recommendations may also need to be tailored to the emerging outcomes of policy development surrounding the Investment Strategy, particularly indications on funding envelopes. Detailed Analysis of Preferred Scenarios This task will also include a detailed analysis of projects in the preferred scenarios to include preliminary potential alignments and more detailed cost estimates. As well, more detailed analysis will be conducted on potential obstacles, with the phasing implications to be included in that analysis. Barriers and issues identified in the feasibility analysis in Task E will be explored here in more detail for the preferred scenarios. Figure 4: Graphic Representation of Tasks B through F
(iv)
(v)
(vi)
Consultation and Deliverables for Task F: Consultation: Technical Advisory Committee, Peer Review, Modelling Working Group, Stakeholder Advisory Group (A) Key Deliverables:

(I)
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Phasing options, including detailed documentation of advantages and disadvantages of different phasing scenarios. Detailed analysis of preferred projects, including more detailed cost estimates, and potential alignments Transportation Modelling Report to include all relevant draft materials and original files (including modelling data) to support the final report, and a final summary of modelling conducted over the course of the RLNS. Draft recommendations
(II) (III)
(IV) (g)
Task G: Final Consultation and Study Recommendations (i) Task G will bring together the recommendations in the alternatives analysis and the project phasing and timing phases into one comprehensive set of recommendations encompassing both indications on preferred infrastructure and policy initiatives, project phasing, and discussion of implementation and next steps. This task will include public consultation as well as final consultation with all levels of stakeholders. Consultation and Deliverables for Task G: Consultation: Technical Advisory Committee, Peer Review, Stakeholder Advisory Group, Public Consultation (A) (B) Key Deliverables: Draft report, draft final report, final report Executive Reporting: Report to board, September 2014
(ii)
(h)
Documents The Consultant shall submit 30 hard copies of the report in addition to an electronic copy. Consultant will be responsible for French translation of the final report and delivery of a fully translated and graphically formatted final report.
5.
Outline of Responsibilities
Consultant Metrolinx
Assignment Consultation Activities: i) ii) Project Team Meetings Stakeholder Advisory Group
Lead Attend Prepare materials
Attend Lead Schedule Review and approve

Assignment iii) Metrolinx Executive and other Executive Briefings Consultant Reporting Prepare supporting materials Attend, as required Prepare supporting materials Attend, as required Lead Schedule Prepare Materials Reporting Schedule Prepare Materials Reporting Prepare materials Reporting
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Metrolinx materials Lead Schedule Prepare reports/ presentations Lead Schedule Reporting Support Review and approve materials
iv)
Metrolinx Board*
v)
Technical Advisory Committee
vi)
Modelling Working Group
Support
vii)
Peer Review Panel
Lead Schedule Review and approve materials Support Review and approve materials
viii)
Public Consultation
Lead Schedule Prepare Materials Reporting
(a)
Co-ordination of the Services The consultant shall: (i) Assign a Project Director and a Project Manager who will direct the provision of the Services. The Project Director and the Project Manager will maintain ongoing contact with the Metrolinx project manager to ensure that issues arising during the terms of the Contract are dealt with in an efficient, effective and timely manner Maintain communications contact as may be necessary to keep Metrolinx properly informed and up to date on the progress of the Project Provide to Metrolinx a list identifying the Consultants and all subconsultants employees assigned to the Project
(ii) (iii)

(iv) (v) (vi) (vii)
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Be responsible for co-ordinating and interfacing with other disciplines it retains to complete the study under the Project Arrange, co-ordinate and chair in a number of meetings with Metrolinx and/or external agencies in connection with the Project, as required Arrange, co-ordinate, chair meetings and liaise with sub-consultants and support services as required Maintain a system to identify and report changes in the study scope of the Services to be provided and immediately notify Metrolinx in writing of any proposed changes that will affect the study schedule or costs, regardless of the initiator of the changes (Consultant, Metrolinx or third parties). Only changes approved in writing will be accepted.
(b)
Progress Reports and Minutes of Meetings (i) (ii) Record, prepare and distribute, within five (5) working days of the meeting date, minutes of all meetings associated with the Project Prepare and submit to Metrolinx an updated consultants monthly budget report. This brief two-page report shall include a summary of the Project budget and schedule status.
APPENDIX C METROLINX SERVICES
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1.
Metrolinx Services Metrolinx shall: (a) (b) provide the Consultant with general direction in the provision of the Services; designate an individual to act as its Representative, who shall transmit instructions to, and receive information from the Consultant. The designated Metrolinx Representative shall be accountable for all project expenditures; and provide access to and where necessary, make available copies of existing plans, reports, studies, information and correspondence relevant to the Project.
(c)
REQUEST RETURN LABEL #1
Page 1 of 1

AFFIX THESE LABELS TO YOUR SUBMISSION PACKAGE ENVELOPE
Consultant to complete the following:

(Full Legal Name and Address)
NAME: ADDRESS:
RQQ-2013-SPC-037
ENVELOPE # 1 (TECHNICAL)
Title: CONSULTANT ASSIGNMENT FOR A RELIEF LINE NETWORK STUDY
CONTACT: NAME PHONE:
CLOSING DATE: Thursday, July 11, 2013 CLOSING TIME: 3 p.m. (Toronto Time)
TO:
Metrolinx Procurement & Contract Services 20 Bay Street, Suite 600 Toronto, ON M5J 2W3
IMPORTANT INSTRUCTIONS: Requests must be submitted in a sealed package(s) to the address indicated on the Request Return Label between the hours of 8:00 a.m. and 4:00 p.m. ( Toronto Time), Monday through Friday (excluding Statutory Holidays), AND NO LATER THAN THE CLOSING DATE AND CLOSING TIME NOTED ABOVE. Failure to affix this Label to your submission envelope/ package may also result in submissions not being recognized as Requests. This could result in your Request arriving late at the Procurement and Contract Services Office and will be deemed late, disqualified and returned unopened. Requests received by Fax or any other kind of electronic transmission will be rejected.
Page 1 of 1

AFFIX THESE LABELS TO YOUR SUBMISSION PACKAGE ENVELOPE
Consultant to complete the following:

(Full Legal Name and Address)
NAME: ADDRESS:
RQQ-2013-SPC-037
ENVELOPE #2 (PRICING)
Title: CONSULTANT ASSIGNMENT FOR A RELIEF LINE NETWORK STUDY
CONTACT: NAME PHONE:
CLOSING DATE: Thursday, July 11, 2013 CLOSING TIME: 3 p.m. (Toronto Time)
TO:
Metrolinx Procurement & Contract Services 20 Bay Street, Suite 600 Toronto, ON M5J 2W3
IMPORTANT INSTRUCTIONS: Requests must be submitted in a sealed package(s) to the address indicated on the Request Return Label between the hours of 8:00 a.m. and 4:00 p.m. ( Toronto Time), Monday through Friday (excluding Statutory Holidays), AND NO LATER THAN THE CLOSING DATE AND CLOSING TIME NOTED ABOVE. Failure to affix this Label to your submission envelope/ package may also result in submissions not being recognized as Requests. This could result in your Request arriving late at the Procurement and Contract Services Office and will be deemed late, disqualified and returned unopened. Requests received by Fax or any other kind of electronic transmission will be rejected.
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Metrolinx Request For Quote: Relief Line Network Study

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REQUEST TO QUALIFY AND QUOTE FOR CONSULTANTS ASSIGNMENT FOR A RELIEF LINE NETWORK STUDY

REQUEST NO. RQQ-2013-SPC-037

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Mandatory Site/Information Meeting Not applicable.

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(e) (f) (g)

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DO NOT WRITE IN THIS SPACE

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REQUEST SUBMISSION CONTENT

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST SUBMISSION CONTENT

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST SUBMISSION CONTENT

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST SUBMISSION CONTENT

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST SUBMISSION CONTENT

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST SUBMISSION CONTENT

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST SUBMISSION CONTENT

DO NOT WRITE IN THIS SPACE

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST EVALUATION CRITERIA AND SELECTION PROCESS

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST EVALUATION CRITERIA AND SELECTION PROCESS

DO NOT WRITE IN THIS SPACE

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST EVALUATION CRITERIA AND SELECTION PROCESS

Points (Score x weight) (Score out of 10x weighting factor) 50 50

10 20 10 10 5 5 5 100 40 30 30 100 Cost / Point Ratio

100 200 100 100 50 50 50 1000 400 300 300 1000

PHASE TWO TOTAL EVALUATED SCORE

Price Bid Total Points = $/PT

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

REQUEST TO QUALIFY AND QUOTE REQUEST CLOSING:

Thursday, July 11, 2013 3:00 P.M. RQQ-2013-SPC-037

(the Closing Date) (the Closing Time)

CONSULTANT ASSIGNMENT FOR A RELIEF LINE NETWORK STUDY

Request submitted by: (Full Legal Name of Company or Individual)

(Phone No.) (E-mail Address)

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

If the Consultant is an individual:

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

ATTACHMENT #1 CONSULTANTS COSTS (FEES)

CONSULTANTS ASSIGNMENT FOR A RELIEF LINE NETWORK STUDY

Request submitted by: (Full Legal Name of Company or Individual)

G:\Corporate\400wp - Corporate Infrastructure\Contract\RQQ-2013-SPC-037.doc\ks

ATTACHMENT #1 CONSULTANTS COSTS (FEES)

Maximum Hourly Billing Rate $ $ $ $ $