Common use of Roles and Responsibilities of Metrolinx Clause in Contracts

Roles and Responsibilities of Metrolinx. Metrolinx shall have the following roles and responsibilities in addition to those referred to elsewhere in this Agreement: a. Metrolinx shall facilitate all aspects of each Procurement including without limitation, issuance, proposal evaluation and award and shall, through the Project Officer, administer the provisions contained in a Master Agreement on behalf of the Parties. b. Metrolinx shall appoint and fund a Manager for each Procurement. c. The Manager may attend and participate in any of the activities carried out in relation to the joint Procurement, including any meetings of a Steering Committee and/or sub-committee(s) established by a Steering Committee. d. Metrolinx shall: i. work with each Steering Committee to coordinate the: I. development of the Terms of Reference for each Procurement; II. development of common Technical Specifications and/or Scope of Work; and III. development of each Master Agreement and Purchase Agreement; ii. assist in the consolidation of orders for Goods and/or Services on behalf of the Purchasers; and iii. be responsible for notifying the respective Steering Committee and the Supplier if other transit service providers wish to participate in the Procurement by becoming Purchasers. At such time, Metrolinx shall contact the Supplier to determine if there is sufficient capacity to accommodate additional orders for Goods and/or Services on the basis of the existing terms and conditions of the Master Agreement. e. Metrolinx shall review any proposed public communications prepared by a Purchaser and submitted to the Parties in accordance with Schedule B (Communications Policy) to ensure consistency with the Communications Policy set out in Schedule B (Communications Policy). f. Except through GO Transit’s participation in the Procurement, Metrolinx shall not otherwise: i. evaluate proposals, except for determining a Proponent’s compliance with the mandatory requirements set out in the Procurement Documents; ii. mediate disputes between the Purchaser and the Supplier following the execution by a Purchaser of a Purchase Agreement; or iii. pay or otherwise be responsible for any amounts for any Goods and/or Services as may be set out in any Purchaser’s Purchase Agreement from time to time with the Supplier. g. Notwithstanding anything in this Agreement to the contrary, any payment or funding obligation made by Metrolinx under this Agreement in respect of any activity whatsoever, including without limitation Metrolinx’s retention of any Manager, Project Officer and/or Project Inspector (“Project Inspector”), as described in the Terms of Reference, is subject to there being an appropriation of moneys by the Legislature of Ontario (the "Legislature") sufficient to satisfy such commitments under this Agreement. Activity, payment or funding obligations may be reduced or terminated, in response to the Legislature’s annual budget, a change in departmental funding levels by the Legislature, or any other parliamentary decision that has an impact on the program under which this Agreement is made. h. Notwithstanding its retention of any Manager, Project Officer or Project Inspector pursuant to the Terms of Reference, Metrolinx does not guarantee, warrant or otherwise provide any assurance as to suitability of any of the Goods and/or Services to the Purchasers, or anyone, and Metrolinx is not responsible for the acts or omissions of the Project Officer or the Project Inspector.

Roles and Responsibilities of Metrolinx. Metrolinx shall have the following roles and responsibilities in addition to those referred to elsewhere in this Agreement: a. Metrolinx shall facilitate all aspects of each Procurement Public Tender including without limitation, issuance, proposal tender evaluation and award and shall, through the Project Officer, administer the provisions contained in a Master Agreement on behalf of the Parties. b. Metrolinx shall appoint and fund a Manager for each ProcurementProject Manager. c. The Project Manager may attend and participate in any of the activities carried out in relation to the joint Procurement, including any meetings of a Steering Committee and/or sub-committee(s) established by a Steering Committee. d. Metrolinx shallwill: i. work with each Steering Committee to coordinate the: I. development of the Terms of Reference for each Procurementcommon ECS Specifications; II. development of common Technical Specifications and/or Scope of Work; andterms and conditions for each Public Tender; III. development of each ECS Master Agreement and ECS Purchase Agreement; ii. assist in the consolidation of orders for Goods and/or Services ECS units and ECS Retrofits on behalf of the Purchasers; and iii. be responsible for notifying the Supplier and respective Steering Committee and the Supplier if other transit service providers municipalities wish to participate in the Procurement by becoming Purchasers. At such time, Metrolinx shall contact the Supplier to determine if there is sufficient manufacturing capacity to accommodate the additional orders for Goods and/or Services ECS units and ECS Retrofits on the basis of the existing terms and conditions of the each Master Agreement. e. Metrolinx shall review any proposed public communications prepared by a Purchaser and submitted to the Parties in accordance with Schedule B (Communications Policy) to ensure consistency with the Communications Policy set out in Schedule B (Communications Policy). f. Except through GO Transit’s participation in the Procurement, Metrolinx shall not otherwise: i. evaluate proposalstenders, except for determining a Proponent’s compliance with the mandatory requirements set out in the Procurement Public Tender Documents; ii. mediate disputes between the Purchaser and the Supplier following the execution by a Purchaser of a an ECS Purchase Agreement; or iii. pay or otherwise be responsible for any amounts for any Goods and/or Services Deliverables or other services as may be set out in any Purchaser’s ECS Purchase Agreement from time to time with the Supplier. g. f. Notwithstanding anything in this Agreement to the contrary, any payment or funding obligation made by Metrolinx under this Agreement in respect of any activity whatsoever, including without limitation Metrolinx’s retention of any Manager, a Project Officer and/or Project Electric Cooling System Inspector (“Project ECS Inspector”), as described in the Terms of Referenceon Schedule C (Procurement Approach – 1. Project Officer and 2. ECS Inspector), is subject to there being an appropriation of moneys by the Legislature of Ontario (the "Legislature") sufficient to satisfy such commitments under this Agreement. Activity, payment or funding obligations may be reduced or terminated, in response to the Legislature’s annual budget, a change in departmental funding levels by the Legislature, or any other parliamentary decision that has an impact on the program under which this Agreement is made. h. g. Notwithstanding its retention of any Manager, Project Officer or Project the ECS Inspector pursuant to Schedule C (Procurement Approach – 2. ECS Inspector) and the Terms of ReferenceProject Officer pursuant to Schedule C (Procurement Approach – 1. Project Officer), Metrolinx does not guarantee, warrant or otherwise provide any assurance as to suitability of any of the Goods and/or Services Deliverables to the Purchasers, or anyone, and Metrolinx is not responsible for the acts or omissions of the Project Officer or the Project ECS Inspector.

Roles and Responsibilities of Metrolinx. Metrolinx shall have the following roles and responsibilities in addition to those referred to elsewhere in this Agreement: a. Metrolinx shall facilitate all aspects of each Procurement RFP including without limitation, issuance, proposal evaluation and award and shall, through the Project OfficerEngineer, administer the provisions contained in a Master Agreement on behalf of the Parties. b. Metrolinx shall appoint and fund a Manager for each ProcurementProject Manager. c. The Project Manager may attend and participate in any of the activities carried out in relation to the joint Procurement, including any meetings of a Steering Committee and/or sub-committee(s) established by a Steering Committee. d. Metrolinx shallwill: i. work with each Steering Committee to coordinate the: I. development of the Terms of Reference for each Procurementcommon Specialized Transit Bus specifications; II. development of common Technical Specifications and/or Scope of Work; andRFP terms and conditions for each Specialized Transit Bus RFP; III. development of each Specialized Transit Bus Master Agreement and Bus Purchase Agreement; ii. assist in the consolidation of Specialized Transit Bus orders for Goods and/or Services on behalf of the Purchasers; and iii. be responsible for notifying the Supplier and respective Steering Committee and the Supplier if other transit service providers municipalities wish to participate in the Procurement by becoming Purchasers. At such time, Metrolinx shall contact the Supplier to determine if there is sufficient manufacturing capacity to accommodate the additional orders for Goods and/or Services Specialized Transit Buses on the basis of the existing terms and conditions of the each Master Agreement. e. Metrolinx shall review any proposed public communications prepared by a Purchaser and submitted to the Parties in accordance with Schedule B (Communications Policy) to ensure consistency with the Communications Policy set out in Schedule B (Communications Policy). f. Except through GO Transit’s participation in the Procurement, Metrolinx shall not otherwise: i. evaluate proposals, except for determining a Proponent’s compliance with the mandatory requirements set out in the Procurement Documents; ii. mediate disputes between the Purchaser and the Supplier following the execution by a Purchaser of a Bus Purchase Agreement; or iii. pay or otherwise be responsible for any amounts for any Goods and/or Services Deliverables or other services as may be set out in any Purchaser’s Bus Purchase Agreement from time to time with to the Supplier. g. f. Notwithstanding anything in this Agreement to the contrary, any payment or funding obligation made by Metrolinx under this Agreement in respect of any activity whatsoever, including without limitation Metrolinx’s retention of any Manager, a Project Officer Engineer and/or Project Inspector (“Project Bus Inspector”), as described in the Terms of Reference, is subject to there being an appropriation of moneys by the Legislature of Ontario (the "Legislature") sufficient to satisfy such commitments under this Agreement. Activity, payment or funding obligations may be reduced or terminated, in response to the Legislature’s annual budget, a change in departmental funding levels by the Legislature, or any other parliamentary decision that has an impact on the program under which this Agreement is made. h. g. Notwithstanding its retention of any Manager, Project Officer or Project the Bus Inspector pursuant to Section 22 (Bus Inspector) and the Terms of ReferenceProject Engineer pursuant to Section 21 (Project Engineer), Metrolinx does not guarantee, warrant warranty or otherwise provide any assurance as to suitability of any of the Goods and/or Services Deliverables to the Purchasers, or anyone, and Metrolinx is not responsible for the acts or omissions of the Project Officer Engineer or the Project Bus Inspector.