ECS 1 Cover Page - Toronto · 2021. 2. 1. · 13. Irrevocability 1-5 14. No Collusion 1-5 15. Prohibition against Gratuities 1-5 16. Acceptance of Bids 1-6 17. Non-compliant Bids

Tender Checklist for Bidders Tender Call No. 66-2016 Contract No. 16ECS-MI-01AB

This Tender Checklist is provided for the convenience of Bidders. Bidders are advised to read and understand the entire Tender document package.

Make sure your Tender submission is complete. The Tender Submission Package must be legible, neat and filled out in ink.

Your bid is to include the following where applicable, but not limited to:

ITEMS THAT MUST BE SUBMITTED ON TENDER CLOSING COMPLETED

Tender Call Cover page which includes:

Filling in Contact information for Bidder

Filling in the Amount of Tender

Acknowledging receipt of Addendums (if applicable)

Signed and Sealed Cover by Signing Officer authorized to bind the company

Tender Submission Package Forms including:

Bid Bond completed, signed and sealed by your company and the Surety Company licensed in the Province of Ontario on the form included

City Policies Submission form completed

Pricing Forms completed

Schedule of Prices Savings completed (if applicable)

Schedule of Prices Form completed

Ability and Experience Form

Mandatory Submission Requirements Prior to Award:

Statutory Declaration Form for Occupational Health and Safety completed

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Tender Checklist for Bidders Tender Call No. 66-2016 Contract No. 16ECS-MI-01AB

Please firmly affix this return label to the envelope containing your submission. Note: The front of your envelope must indicate ALL of the information shown on the label below. Purchasing and Materials Management cannot be held responsible for documents submitted in envelopes that are not labelled in accordance with the above instructions. If you have any questions feel free to contact the Corporate Buyer referred to on the Tender Call Cover Page.

Return Label

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Firm Name ____________________________________________________________ Tender Call No. 66-2016 Contract No. 16ECS-MI-01AB Closing Date: 12:00 pm Noon, April 28, 2016

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

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Table of Contents Tender Call No. 66-2016 Contract No. 16ECS-MI-01AB

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Page No.

Section 1 – Tender Process Terms and Conditions 10 1. Definitions 1-1 2. Bidder’s Responsibility 1-2 3. Tender Submission Package 1-2 4. Bid Bond 1-2 5. Site Meetings 1-3 6. Fair Wage Policy 1-3 7. Questions 1-3 8. Addenda 1-4 9. Omissions, Discrepancies and Interpretations 1-4 10. Incurred Costs 1-4 11. Post-Submission Adjustments 1-4 12. Withdrawal of Bids 1-4 13. Irrevocability 1-5 14. No Collusion 1-5 15. Prohibition against Gratuities 1-5 16. Acceptance of Bids 1-6 17. Non-compliant Bids 1-6 18. Execute Contract 1-8 19. Failure or Default of Bidder 1-8 20. Currency 1-8 21. Tied Bids 1-9 22. Mathematical Errors 1-9 23. Conflicts of Interest 1-9 24. Ownership and Confidentiality of City-Provided Data 1-9 25. Ownership and Disclosure of Bid Documentation 1-9 26. Intellectual Property Rights 1-10 27. Governing Law 1-10 28. Quasi-Criminal/Criminal Activity of a Bidder/Proponent 1-10

Section 2 – Information for Bidders 9 1. General Information 2-1 2. Pre-Qualification 2-2 3. Mandatory Site Meeting 2-2 4. Deadline for Questions 2-2 5. Fair Wage Schedule Information 2-2 6. City of Toronto – Invoice/Billing Requirements 2-3 6.1 Standard Invoices 2-3 6.2 Construction Contracts & Consultant Assignments related to Capital Projects

– With a Holdback only Invoices 2-4

6.3 Payment Terms 2-4 6.4 Discount Terms 2-5 6.5 Direct Deposit 2-5 7. Instructions for Section 3 Tender Submission Package 2-5 7.1 Mandatory Bid Submission Requirements 2-5

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Page No. A. Tender Call Cover Page 2-5 B. Bid Bond 2-6 C. City Policies Submission Form 2-6 D. Pricing Form 2-6 E. Schedule of Price Savings (not applicable) 2-6 F. Schedule of Prices 2-6

7.2 Mandatory Submission Requirements Prior to Award 2-6 A. Experience and Qualifications Form 2-6 B. Statutory Declaration for the Occupational Health and Safety Act 2-7 C. List of Subcontractors 2-8 D. Corporate Profile Report 2-8

Section 3 – Tender Submission Package 13 1. Bid Bond 3-1 2. Statutory Declaration Form for OHSA with Asbestos Awareness Training 3-3 3. City Policies Submission Form 3-8 4. Pricing Form 3-9 5. Schedule of Price Savings (if applicable) 3-11 6. Schedule of Prices 3-12 7. Experience and Qualifications Form 3-15

Section 4 – Scope of Work: CD

Special Specifications or Technical Specifications – Table of Contents CD Division 1 – General Requirements CD Division 2 – Site Work CD Division 3 - Concrete CD Division 4 - Masonry (not applicable) n/a Division 5 - Metals CD Division 6 - Wood and Plastics (not applicable) n/a Division 7 – Thermal and Moisture Protection CD Division 8 - Doors and Windows CD Division 9 – Finishes CD Division 10 – Specialties (not applicable) n/a Division 11 – Equipment CD Division 12 - Non Applicable (not applicable) n/a Division 13 – Instrumentation, Control and SCADA CD Division 14 - Conveying Systems CD Division 15 – Mechanical CD Division 16 – Electrical CD

Section 5 – Supplementary Conditions to CCDC 2-2008 Stipulated Price Contract

29

Section 5A – Specific Conditions of Contract 26

Attachment ‘A' – Plant-Wide Hazardous Building Materials Reassessment CD

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Page No. Attachment ‘B' – Project Specific Hazardous Materials Assessment CD Attachment ‘C' – Confined Space Inventory CD Attachment ‘D' – PCS Implementation Manual (October, 2012) CD Attachment ‘E' – City of Toronto, Safe Working Procedures CD Attachment ‘F' – Notice of Project (N.O.P.) Form (Sample Only) CD Attachment ‘G’ – Ashbridges Bay Treatment Plant Electrical Maintenance Inspection and Testing Work Report

CD

Attachment ‘H’ – Ashbridges Bay Treatment Plant - Environmental Compliance Approval

CD

Attachment ‘I’ – Ashbridges Bay Treatment Plant – Existing Master SLDs and P&IDs

CD

Section 6 – Contract Execution Package 13 1. Instructions 6-1 2. CCDC 2-2008 Stipulated Price Contract 6-2 3. CCDC 221-2002 Performance Bond 6-3 4. CCDC 222-2002 Labour & Material Payment Bond 6-4 5. WSIB & Tax Statutory Declaration Form 6-5 6. Insurance Certificate 6-6 7. Declaration of Compliance with Anti-harassment / Discrimination Legislation &

City Policy Form 6-8

8. Supplementary Statutory Declaration Form for OHSA with Asbestos Awareness Training

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Section 7 – City Policies 33

1. City of Toronto Accessible Customer Service Training Requirements 1 2. Chapter 67 Schedule A – Fair Wage Policy 5 3. Chapter 67 Schedule B – Labour Trades Contractual Obligations in the

Construction Industry 2

4. Applicable Chapter 67 Schedule C – Fair Wage 1 5. Right to Reject Debtors and Set-off Policy 6 6. Policy on the Restrictions on the Hiring and Use of Former City of Toronto

Management Employees for City Contracts 1

7. Toronto Licensing Requirements 2 8. Tree Protection Policy and Specifications for Construction Near Trees 12 9. Contractor Performance Evaluation Form 1 10. Notice of "NO BID" Form 1 11. Environmentally Responsible Procurement Statement (Orange Form) 1

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Section 1 – Tender Process Terms and Conditions Tender Call No. 66-2016 Contract No. 16ECS-MI-01AB

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1. Definitions Throughout this Tender Call, unless inconsistent with the subject matter or context, “Addenda” or “Addendum” means a document containing additional information and/or changes to the Tender Call issued by the City prior to the Closing Date; "Affiliate" means an affiliated body corporate as defined in the Business Corporations Act, R.S.O. 1990, c. B.16 as amended; “Bid” means an offer submitted by a Bidder in response to a Tender Call, which includes all of the documentation necessary to satisfy the submission requirements of the Tender Call and “Bids” shall have a corresponding meaning; “Bidder” means a legal entity, being a person, partnership or firm that submits a Bid in response to a formal Tender Call and “Bidders” shall have a corresponding meaning; “Buyer” means the main contact person at the City for all matters related to the Tender Call process, as set out on the Tender Call Cover Page; “Chief Purchasing Official” means the person holding the position of Director of Purchasing and Materials Management whose responsibility it is to supervise and carry out the procurement function on behalf of the City and includes her/his designate; “City” means the City of Toronto; “Closing Date” means the specified deadline for Bids to be submitted to the City as indicated on the Tender Call Cover Page and any subsequent Addenda; “Contract” means the Contract Execution Package duly executed by the Successful Bidder and the City with respect to the Work contemplated by this Tender Call, and shall be deemed to include all terms and conditions set out in this Tender Call; “Contract Administrator” means the main contact person at the City for all matters relating to the project. The reference to “Project Manager” means the same; “Contractor” or "Vendor" means the Successful Bidder of the Tender Call with whom the City enters into a Contract with to perform the Work; “Council” means City Council; “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act R.S.O. 1990, Chapter M.56, as amended, or any successor or replacement legislation; “Subcontractor” means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor; “Successful Bidder” means the Bidder that has been selected to perform the Work; “Tender Call” means this Tender Call package in its entirety, inclusive of all appendices and Addenda/Addendum that may be issued by the City;

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“Work” means all services and deliverables to be provided by a Contractor as described in this Tender Call.

2. Bidder’s Responsibility It shall be the responsibility of each Bidder:

a) to acquire, from online or other sources as specified, any document (including any applicable copyright seal) that is referenced or mentioned in this Tender Call which is not physically attached herein;

b) to examine all the components of this Tender Call, including all reference

documents, appendices, forms and addenda;

c) to become familiar and comply with all of the terms and conditions contained in this Tender Call and the City’s Policies and Legislation set out on the City of Toronto website at: http://www.toronto.ca/calldocuments/policy.htm

The failure of any Bidder to acquire, receive or examine any document, form, addendum, or policy shall not relieve the Bidder of any obligation with respect to its Bid or any purchase order issued based on its Bid.

3. Tender Submission Package

To submit a valid Bid, Bidders must complete, in ink, all the applicable forms in Section 3, and complete, sign and seal the Tender Call Cover Page. As a means of facilitating the announcement of the Bid amounts, the Bidder is to complete the Tender Call Cover Page, including filling in the “Amount of Tender Call” in the space provided. This insertion is to facilitate the conduct of the Public Opening meeting only. For Lump Sum Tenders, in the event of any discrepancy between the information so inserted on the front cover and the amount set out in the Pricing Form in Section 3, the Pricing Form total shall govern. For Unit Price Tenders, where any discrepancy exists between the total price and the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

4. Bid Bond Every Bid shall be accompanied by a Bid Bond in the provided form in the specified amount signed by a guarantee surety company, acceptable to the City of Toronto Treasurer, authorized by law to carry on business in the Province of Ontario, and having an office in Ontario, to secure the execution of the formal Contract. Failure of a Bidder to submit a fully completed Bid Bond in the form enclosed in Section 3 - Tender Submission Package, shall result in the Bid being rejected as non-compliant. Submitting a photocopy of the Bid Bond is not acceptable.

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5. Site Meetings Mandatory Site Meetings

If a mandatory site meeting has been indicated in the Tender Call, then interested Bidders MUST attend the site meeting to familiarize themselves with the project and ascertain the full extent of the Work required. Bidders must sign in with the City’s Representative at the Mandatory Site Meeting during the designated date and time for their Bid to be considered. Bids submitted by Bidders that do not attend the mandatory site meeting SHALL be declared non-compliant.

6. Fair Wage Policy

The Bidder agrees to abide by the Fair Wage Policy as found in Section 7 – City Policies and pay its workers the appropriate wage as set out in the applicable Fair Wage Schedule(s). The Fair Wage Schedule(s) applicable to this Tender Call is/are set out in Section 2 – Information for Bidders. As per the Fair Wage Policy, in the case of a jurisdictional dispute or disputes as to rate of wages to be paid under the Contract or to the amount to be paid to any worker, the decision of the Manager, Fair Wage Office, shall be final and binding upon all parties. Failure to comply with the Fair Wage Policy, or being in violation of the Fair Wage Policy without paying restitution as set out in the Fair Wage Policy (Chapter 67 – Fair Wage – Schedule A Fair Wage Policy § 67-A8D) may result in the Bid being declared non-compliant.

7. Questions

All questions concerning this Tender Call should be directed in writing to the Buyer as designated on the Tender Call Cover Page. No other City representative, whether an official, agent or employee, is authorized to speak for the City with respect to this Tender Call, and any Bidder who uses any information, clarification or interpretation from any other representative does so entirely at the Bidder’s own risk. Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Bidder to bypass the Tender Call process may be grounds for rejection of its Bid.

8. Addenda

The City reserves the right to revise this Tender Call up to the Closing Date, including extension of the Closing Date. Any such revisions will be made by way of Addenda. Addenda will be faxed or emailed to the Tender Call pick up log.

All Bidders must comply with and acknowledge all Addenda in their Bid. Failure to acknowledge receipt of Addenda on the Tender Call Cover Page SHALL result in the rejection of the Bid.

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9. Omissions, Discrepancies and Interpretations A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the Tender Call documentation or who is in doubt as to the meaning or has a dispute respecting any part of the Tender Call should notify the Buyer in writing not later than three (3) working days before the Closing Date. If the City considers that a correction, explanation or interpretation is necessary or desirable, the City will issue an Addendum as described in the article above titled Addenda. The decision and interpretation of the City respecting any such disputes shall be final and binding, from which there is no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions of the Tender Call documents.

10. Incurred Costs

The City will not be liable for, nor reimburse, any potential Bidder or Bidders, as the case may be, for costs incurred in the preparation and submission of any Bid. The rejection or non-acceptance of any or all Bids shall not render the City liable for any costs or damages to any Bidder that submits a Bid.

11. Post-Submission Adjustments

No unilateral adjustments by Bidders to submitted Bids will be permitted. If the City makes a written request to a Bidder for clarification of its Bid, the Bidder will provide a written response within 48 hours accordingly, unless otherwise indicated, which shall then form part of the Bid.

12. Withdrawal of Bids

Prior to Submission Deadline

A Bid may be withdrawn at any time prior to the submission deadline by delivery to the City of Toronto Purchasing and Materials Management Division at the address therein specified of a written notice to that effect under the Bidder's duly attested corporate seal (or if the Bidder possesses no corporate seal, accompanied by a sworn statement establishing that the signatory of the notice has authority to bind the Bidder), which notice shall identify the contract Bidder and, if more than one Bid has been submitted by that Bidder, the Bid(s) to be withdrawn, on the basis that the Bid material for any Bid so withdrawn shall be returned to the Bidder as soon after the opening of all Bids as is convenient for the City of Toronto Purchasing and Materials Management Division.

13. Irrevocability After the Closing Date, each submitted Bid shall be irrevocable and binding on Bidders for a minimum period of 90 days.

14. No Collusion No Bidder may discuss or communicate about, directly or indirectly, the preparation or content of its Bid with any other Bidder or the agent or representative of any other Bidder or prospective Bidder. The Bidder shall disclose at or prior to the Closing Date whether it is an Affiliate of any other prospective Bidder. If the City discovers there has been a

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breach at any time, the City reserves the right to disqualify the Bid or terminate any ensuing Contract.

15. Prohibition against Gratuities

No Bidder and no employee, agent or representative of the Bidder, may offer or give any gratuity in the form of entertainment, participation in social events, gifts or otherwise to any officer, director, agent, appointee or employee of the City in connection with or aris-ing from this Tender Call, whether for the purpose of securing a Contract or seeking favourable treatment in respect to the award or amendment of the Contract or influencing the performance of the Contract, including without restriction enforcement of performance standards, or expressing appreciation, or providing compensation, for the award of a Contract or for performance of the City's obligations thereunder or for confer-ring favours or being lenient, or in any other manner whatsoever. If the City determines that this article has been breached by or with respect to a Bidder, the City may exclude its Bid from consideration, or if a Contract has already been enter-ed into, may terminate it without incurring any liability.

16. Acceptance of Bids

A. The City shall not be obliged to accept any Bid in response to this Tender Call.

B. The City may modify and/or cancel this Tender Call prior to accepting any Bid.

C. Bids may be accepted or rejected in total or in part.

D. The lowest quoted price may not necessarily be accepted by the City.

E. In determining which Bid provides the best value to the City, consideration may be given to the past performance of any Bidder. Bidders that are currently on a City of Toronto suspended vendor list are not eligible for an award. The City also reserves the right not to make an award to an Affiliate of a suspended vendor.

F. The City reserves the right to verify the validity of information submitted in the Bid

and may reject any Bid where, in the City’s sole estimation, the contents appear to be incorrect, inaccurate or inappropriate.

G. The City reserves the right to assess the ability of the Bidder to perform the

Contract and may reject any Bid where, in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient.

H. If, in the opinion of the City, any Bidder has underestimated the value of the

goods and/or services to be provided as reflected in its submitted price/fee, the City may reject its Bid as unbalanced (i.e., not representative of the scope of the goods and/or services). The City may reject a bid if it determines, in its sole discretion, that the Bid is materially unbalanced.

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A bid is materially unbalanced when:

(1) it is based on prices which are significantly less than cost for some items of work

and prices which are significantly o verstated in relation to cost for other items of work; and

(2) the City had determined that the bid may not result in the lowest overall cost to the City even though it may be the lowest submitted bid; or

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

17. Non-compliant Bids Bids which are incomplete, conditional or obscure or which contain additions not called for, erasures or alterations of any kind may be rejected. The City reserves the right to waive immaterial defects and minor irregularities in any Bid. The chart below lists irregularities and the respective action that will be taken by the Chief Purchasing Official, in determining whether a Bid is non-compliant. The Chief Purchasing Official is not limited to the following list for reasons to declare a Bid non-compliant. Bidders are reminded to read the entire Tender Call document, as failure to comply with other requirements may or shall result in a Bid being declared non-compliant.

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IRREGULARITY ACTION

Late Response Automatic rejection and not read publicly.

Unsealed Envelopes Automatic rejection Insufficient Financial Security (No deposit or Bid Bond or insufficient deposit or Bid Bond).

Automatic rejection

Response not completed in non-erasable medium and signed in ink

Automatic rejection

Incomplete Response Automatic rejection unless, in the opinion of the Chief Purchasing Official, the incomplete nature is trivial or insignificant.

Qualified Response (qualified or restricted by an attached statement unless allowed for).

Automatic rejection unless, in the opinion of the Chief Purchasing Official the qualification or restriction is trivial or not significant

Response received on documents other than those provided by the City

Automatic rejection unless, in the opinion of the Chief Purchasing Official the matter is trivial or insignificant

Execution of Bid Bonds (Financial Security) Corporate seal or signature of the bidder

missing. Two (2) business days to correct

Both corporate seal and signature of the bidder missing.

Automatic rejection.

Corporate seal or signature of authorized agents of bonding company missing.

Automatic rejection.

Other Bid Security - Uncertified Cheques Automatic rejection. Documents – Execution:

Corporate seal or signature missing. Two (2) business days to correct. Corporate seal and signature missing Automatic rejection

Erasures, Overwriting or Strike-Outs which are not Initialed:

Uninitiated changes to responses which are minor (example: the respondent’s address is amended by over-writing but not initialed)

Two (2) business days to initial.

Unit prices have been changed but not initialed and the contract totals are consistent with the price as amended.

Two (2) business days to initial

Unit prices have been changed but not initialed and the contract totals are not consistent with the price as amended.

Automatic Rejection

Minor Irregularities The Chief Purchasing Official shall have the authority to waive irregularities deemed to be minor.

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18. Execute Contract The Successful Bidder will be required to execute the Contract by taking the following steps within ten (10) working days, not including Saturday, Sunday or a legal holiday, after being notified by the City that the Contract is ready for signature:

execute three or four (as requested by the City) original copies of the CCDC-2 form of agreement and obtain and affix (at the Successful Bidder's sole cost) a CCDC copyright seal to the front page of each of the originally executed copies ;

obtain and furnish three or four (as requested by the City) original copies of a CCDC 221-2002 Performance Bond and a CCDC 222-2002 Labour and Material Payment Bond all signed and sealed by itself and its surety;

arrange for 2 original copies of the City's form of insurance certificate to be completed and signed (including stamp of insurance broker) as required;

complete and sign the City's WSIB & Tax Statutory Declaration Form; and complete and sign the Supplementary Statutory Declaration if required.

Should the Successful Bidder fail or refuse to execute the Contract by taking the steps outlined in this section within ten (10) working days after being requested by the City, it will be considered that the Successful Bidder has abandoned all rights and interests in the award and the City will call on the Bid Bond.

19. Failure or Default of Bidder If the Bidder, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Bidder under the terms of the Tender Call, the City may:

a) disqualify the Bidder from the Tender Call and/or from competing for future Tender Calls issued by the City for a period of one year; and

b) require the Bidder to pay the City the difference between its Bid and any other

Bid which the City accepts, if the latter is for a greater amount and, in addition, to pay the City any cost which the City may incur by reason of the Bidder’s failure or default.

20. Currency

Unless otherwise stated herein, prices quoted are to be in Canadian dollars. 21. Tied Bids

In the event that the City receives two (2) or more Bids identical in price, the City reserves the right to select one of the tied Bids by way of lottery or coin toss as set out in the Purchasing Procurement Processes Policy.

22. Mathematical Errors

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

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23. Conflicts of Interest In its Bid, the Bidder must disclose to the City any potential conflict of interest that might compromise the performance of the Work. If such a conflict of interest does exist, the City may, at its discretion, refuse to consider the Bid. The Bidder must also disclose whether it is aware of any City employee, Council member or member of a City agency, board or commission or employee thereof having a financial interest in the Bidder and the nature of that interest. If such an interest exists or arises prior to the award on any Contract, the City may, at its discretion, refuse to consider the Bid or withhold the awarding of any Contract to the Bidder until the matter is resolved to the City’s sole satisfaction. Bidders are cautioned that the acceptance of their Bid may preclude them from participating as a Bidder in subsequent projects where a conflict of interest may arise. The Successful Bidder for this project may participate in subsequent/other City projects provided the Successful Bidder has satisfied pre-qualification requirements of the City, if any, and in the opinion of the City, no conflict of interest would adversely affect the performance and successful completion of an agreement by the Successful Bidder.

24. Ownership and Confidentiality of City-Provided Data All correspondence, documentation and information provided by City staff to any Bidder or prospective Bidder in connection with, or arising out of this Tender Call, the Work or the acceptance of any Bid:

a) is and shall remain the property of the City;

b) must be treated by Bidders and prospective Bidders as confidential;

c) must not be used for any purpose other than for replying to this Tender Call, and for fulfillment of any related subsequent agreement.

25. Ownership and Disclosure of Bid Documentation

The documentation comprising any Bid submitted in response to this Tender Call, along with all correspondence, documentation and information provided to the City by any Bidder in connection with, or arising out of this Tender Call, once received by the City:

a) shall become the property of the City;

b) shall become subject to MFIPPA, and may be released, pursuant to that Act. Because of MFIPPA, prospective Bidders are advised to identify in their Bid material any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Each Bidder’s name and price shall be made public. Bids will be made available to members of Council on a confidential basis and may be released to members of the public pursuant to MFIPPA.

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26. Intellectual Property Rights Each Bidder warrants that the information contained in its Bid does not infringe any intellectual property right of any third party and agrees to indemnify and save harmless the City, its staff and its consultants, if any, against all claims, actions, suits and proceedings, including all costs incurred by the City brought by any person in respect of the infringement or alleged infringement of any patent, copyright, trademark, or other intellectual property right in connection with their Bid.

27. Governing Law

This Tender Call and any Bid submitted in response to it and the process contemplated by this Tender Call shall be governed by the laws of the Province of Ontario. Any dispute arising out of this Tender Call or this Tender Call process will be determined by a court of competent jurisdiction in the Province of Ontario.

28. Quasi-Criminal/Criminal Activity of a Bidder/Proponent

The City may reject a Bid or Bidder if the City: 1. confirms that the Bidder or any individual that owns, directs, or controls the Bidder

has been charged with or convict ed of an of fence under the Crimin al Code, an offence as defined in the Provincial Offences Act, or an offence pursuant to similar laws outside of Ontario;

2. determines that this charge or conviction is material to the given procurement; and

3. determines that, in light of this char ge or conviction, award ing to that Bidder could

compromise the delivery of the good s or services or would o therwise undermine the business reputation of the City or the public' s confidence in the integrity of the call process.

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Section 2 – Information for Bidders Tender Call No. 66-2016 Contract No. 16ECS-MI-01AB

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1. General Information In this Tender Call process. th is Tender Call and in all reports and documents referenced therin, any reference to the “Technical S ervices Division” shall be deemed to be a re ference to the “Engineering and Construction Services Division.” Section 1 – Tender Process Terms and Conditi ons sets out the terms a nd conditions that will be used during the process of the Tender Call. Each Bidder should review the terms and conditions to understand the rules related to the Tender Call process. Section 2 – Information for Bidders contains general information and instructions for Bidders in relation to filling out this Tender Call. Section 3 – Tender Submission Package contains the forms that must be filled out a nd returned to form a complete Bid. Please see below for instructions. Section 4 – Scope of Work contains the scope of work for the Tender Call, the sp ecifications that must be abided by for the Tende r Call and any related drawings t o understanding the w ork required. Bidders should review this section in detail to fully understand what the Bidder is bidding on. Section 5 – General Conditions of Contract contains the CCDC-2 – 2008, Stipulated Price Contract and the City of Toronto’s Supplementary General Conditions to the CCDC-2 -2008, Stipulated Price Contract. The Bidder should review these terms, along with any Specific Conditions of Contract that may be included as Section 5A, to understand the Contract being entered into with the City. Section 5A – Specific Conditions of Contract, if included, contains additional terms for the Contract that supersedes or adds to the General Conditions of Contract. The Bidder should review these terms to understand the Contract being entered into with the City. Section 6 – Contract Execution Package will contain: (i) the CCDC-2 – 2008, Stipulated Price Contract (CCDC -2 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase from authorized document outlets listed on the following Web site: http://www.ccdc.org/WhereToBuy/WhereToBuy.html; (ii) the CCDC 221-2002 Performance Bond and the CCDC 222-2002 Labour and Material Bond (both of these bonds must be obtained by the Successful Bidder and are available for purchase from authorized document outlets listed on the following Web site: http://www.ccdc.org/WhereToBuy/WhereToBuy.html or a surety company); (iii) the City's form of Insurance Certificate; (iv) the WSIB & Tax Statutory Declaration; (v) the Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy and (vi) if applicable, a Supplementary Statutory Declaration for Occupational Health and Safety/Asbestos. These forms do not have to be submitted for the Bid to be valid. Please see Section 1, article 18 for additional information on the execution of the Contract. Section 7 – City Policies contains specific policies related to the Tender Call. It is the responsibility of the Bidder to review all of the City Policies located in Section 7 and as found on the City’s website at www.toronto.ca/tenders/index.htm.

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Commencing October 1, 2013 all Tender Call documents contain a copy of the Contractor Performance Evaluation Form in Section 7. The Form helps to summarize and quantify performance. It provides guidance to City staff on creating and maintaining an evaluative record of a Contractor's performance on City projects for the purpose of Contract management and future purchasing decisions. If you have any questions about this process, please do not hesitate to forward your questions via email to [email protected] 2. Pre-Qualification (not applicable)

3. Mandatory Site Meeting Bidders must attend the following Mandatory Site Meeting to ascertain the amount of work involved. The Mandatory Site Meeting will be held on April 13, 2016 @ 9:30 a.m. at 1091 Eastern Avenue, with entrance access on Coxwell Avenue. Meet with the City representative at the M & T Pumping Station Buildings. Site meetings will not be available at any other times. Attendees must provide their own safety equipment: hard hats, highly visible vests or clothing and safety boots are mandatory. Refer to Section 1 – Tender Process Terms and Conditions, Item 5 - Site Meetings.

Bidders must sign in with the City’s Representative at the Mandatory Site Meeting during the designated date and time for their Bid to be considered

Bids submitted by Bidders that do not attend the mandatory site meeting SHALL be declared non-compliant. 4. Deadline for Questions All questions concerning this Tender Call should be direct ed in writing to the Buyer indicated on the Tender Call Cover Page. The last day for questions with respect to this Tender Call is three (3) wo rking days before closing time and date unless otherwise changed by addenda. 5. Fair Wage Schedule Information The Fair Wage Schedule that is applicable to this Tender Call is the:

"INDUSTRIAL, COMMERCIAL, INSTITUTIONAL WORK (I.C.I.)"

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

http://www.toronto.ca/fairwage/index.htm

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

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

6. City of Toronto - Invoice/Billing Requirements To assist in prompt payment, it is essential that all required billing information is provided on the invoice submitted to the City of Toronto. If billing information is missing from an invoice it will result in a payment delay. It is the vendor's responsibility to submit accurate invoices for goods /services delivered to the City of Toronto divisions. If an inaccurate invoice (i.e. but not limited to, pricing, quantity, or services provided) is submitted, the vendor will be requested to issue a credit note and submit a new invoice. If the invoice in question offered an early payment discount, the re-issue date of the new invoice will be used to calculate the early payment discount terms. 6.1 Standard Invoices: 1) Original hardcopy vendor invoices must be addressed and sent DIRECTLY to: City of Toronto Accounting Services Division Corporate Accounts Payable 55 John Street

14th Floor, Metro Hall Toronto, ON, M5V 3C6 2) Electronic Invoices To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email to [email protected] . Electronic invoices submitted must be in a PDF format with either single or multiple invoice(s) per attachment. Note: Do not send statements or past due invoices to this email address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted an electronic invoice. If you have any questions regarding this process, please contact AP Customer Service at 416-397-5235 and follow the prompts. 3) Invoice/s submitted to the City of Toronto must have complete ship to information including:

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

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

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

V. Complete "Remit To" address is required on all submitted vendor invoices. A purchasing document number must be provided by City Staff at time of order for goods or services. 4) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts Payable. These invoices are considered paid. 5) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to the ordering Division for goods/services delivered. 6) Vendors are to provide backup documentation directly to the ordering Division, not Corporate Accounts Payable. 6.2 Construction Contracts & Consultant Assignments related to Capital Projects – With a

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

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

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

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

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

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

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

XI. Total Invoice Amount; Including all taxes

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

6.3 Payment Terms Unless otherwise specified on the invoice, the City will assign payment terms of Net 30 days. Payment terms "Due Upon Receipt" are considered Net 30 days. 6.4 Discount Terms The City will consider offers of early payment discount terms. If correct billing information has been indicated on the invoice, it is the City’s policy to pay within vendor’s discount terms from the receipt date of the invoice in the Corporate Accounts Payable unit – Metro Hall, 55 John Street, 14th Floor. Early Payment terms should be clearly indicated on the invoice. Note: Discount terms for early payment cannot be earlier than 15 days from the receipt date of the invoice by the City of Toronto, Corporate Accounts Payable unit. 6.5 Direct Deposit

City of Toronto offers secure electronic deposit payments directly to your bank account through our “Direct Deposit” program. For more information and/or to enrol for this payment option, please email us at [email protected] or contact AP Customer Service at 416-397-5235 and follow the prompts. Effective January 1, 2014, all new contracts for existing or new vendors must be enrolled in the Direct Deposit program.

7.0 Instructions for Section 3 - Tender Submission Package 7.1 Mandatory Bid Submission Requirements The following must be completed in its entirety and submitted with your Bid at the time of closing. Failure to submit SHALL result in the Bid being rejected as non-compliant.

A. Tender Call Cover Page Bidder must fill in a ll information as requested in ink. Remember to have the cover signed and sealed by an authorized signing officer, if a corporation. If not a co rporation, have the cover signed by an authorized signing officer.

Remember to indicate the receipt of all addenda.

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B. Bid Bond

Every Bidder shall submit with their Bid a Bid Bond in the amount of $519,000.00 (Five Hundred and Nineteen Thousand Dollars) to provide a Performance Bond and a Labour and Material Bond for the due and p roper performance of the Work, each in the amount of 50% of the Contract amount including an ex tended 24 month warranty period. The Bonds will be issued by a licensed surety company authorized to transact business in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. The bonds shall be in accordance with the City's standard form attached to this document. Failure of a Bidder to submit a fully completed Bid Bond, in the form enclosed in the Tender Submission Package, SHALL result in the Bid being rejected as non-compliant. Should the Bidder fail or refuse to execute the Agreement within ten (10) working days after being requested by the City, it will be considered that the Bidder has abandoned all rights and interests in the award and the City will call on the Bid Bond

C. City Policies Submission Form

The Policy Submission Form cont ains three statements from different City of Toronto Policies. The complete text of these po lices can be found on the City’s website (http://www.toronto.ca/calldocuments/policy.htm). The Bidder shall an swer the questions posed and include the submission form with the completed Tender Submission Package.

D. Pricing Form

All instructions to fill out the Pricing Form can be found on the first page of the Pricing Form in Section 3 – Tender Submission Package. In the event of any discrepancy between the information provided on the Tender Call Cover Page and the amount set out on the Pricing Forms, the Pricing Forms shall govern. In the event of any discrepancy between the total price an d the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

E. Schedule of Price Savings Not applicable.

F. Schedule of Prices

The Bidder must complete and submit the Schedule of Prices Form as contained in Section 3, - Tender Submission Package. The Total Allowance for Schedule of Prices shall exclude HST, but inclusive of all other applicable taxes and carried forward to the Pricing F orm in Section 3 – Tender Submission Package.

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7.2 Mandatory Submission Requirements Prior to Award

The Bidder can submit the following documents with its Bid Submission. If the documents are not submitted with the Bid Submission, the Bidder must submit the following documents within five (5) working days upon being contacted by the City. Failure to submit the documents within this time limit will result in disqualification of the Bid.

A. Experience and Qualifications Form

The Bidder must have the following experience in order to be considered for award: 1. must have completed (including testing and commissioning), and must have achieved

Substantial Performance as defined in the Construction Lien Act or an applicable US legislation for at least two (2) proj ects in Ontario within the past ten (10) years as General Contractor involving the construction of new or upgraded process mechanical, structural, and electrical facilities in municipal wastewater or water treatment plants having a minimum dollar value of $2,500,000 .00 Canadian Dollars each (excluding taxes).

In order to prove they have the required experience, the Bidder must complete and submit the Experience and Qualificat ions Form as contained in Section 3, Tender Su bmission Package as part of their Tender submission and provide the following information:

Project description, i.e. location, scope of work, project value and contract number; Approval authority contact along with telephone or e-mail information; Owner contact information; Consultant contact information (if applicable) and; List of mechanical and electrical Sub-Contractors for each project.

In providing this information the Bidder gives the City and the Consultant consent to contact these individuals to co nfirm the in formation. Failure to provide the required information listed on th e Experience and Qualifications Fo rm shall render the Bid non-compliant. If required, the City will make its own arrangements in cont acting the references. I f, at the City’s sole discretion, t he references do not confirm the Bidder’s ability to undertake the Work associated with the requirements stated in this Tender Call, the Bi d will be de clared non-compliant and will not be considered for award.

The City reserves the right to verify whether Bidders are relying upon past experience of an affiliated/related legal entity including the nature of the corporate relationship and its relevance to this project. If, at the City's sole discretion, it is determined that a Bidder is relying on an affiliated/related legal entity's past experience and a transfer of the affiliated/related legal entity's experience cannot be demonstrated as relevant to this project then the Bid will be declared non-compliant and not be considered for award. The City reserves the right to verify past performance of the Bidder or its affiliated entities on relevant past City projects, even if Contractor has not included this in the Experience & Qualifications Form (including the City's Agencies, Boards, Commissions and Corporations).

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B. Statutory Declaration for the Occupational Health and Safety Act

It is the Bidder’s responsibility as "Constructor" under the provisions of the Occupational Health and Safety Act of Ontario, R.S.O. 1990, c. O.1, as may be amended (hereinafter “OHSA”), to co-ordinate the activities of all employees and workers under the Bidder’s control operating within the Contract limits to ensure that the requirements of the OHSA are satisfied. To that end, the Bidder must complete the Statutory Declaration found in Section 3 indicating whether they comply with the OHSA. This Statutory Declaration must be signed and declared before a Commissioner of Oaths. The Statutory Declaration states that:

i) the Bidder and all Sub-Contractors have in place safety programs according to the requirements of the OHSA;

ii) all employees of the Bidder and Sub-Contractors have received training in occupational safety in accordance with the requirements of the OHSA; and

iii) a representative of the Bidder, whom it shall designate and name in the required Statutory Declaration, with responsibility for supervising the Contract's implementation is qualified as a "Competent Person" as defined in the OHSA.

In the case where the Bidder has indicated "HAVE NOT" in either or both of sub-clauses 3(A) or 3(B) of the Statutory Declaration submitted with its Bid and has been awarded the Contract, the Bidder will be required to submit a Supplementary Statutory Declaration after award of the Contract in the form provided in Section 6 entitled “Supplementary Statutory Declaration” to the effect that the requisite training and programmes are in place. The Bidder will bear full responsibility for all consequences, financial or otherwise, of any failure or delay by the Bidder in submitting the Supplementary Statutory Declaration.

C. List of Subcontractor Form

Upon request the Bidder will be required to provide a list of Subcontractors and associate d work types to the City for its review and approval prior to award. Bidders must not inclu de companies under suspension by the City on their list of Subcontractors. Where union affiliatio n is required pursuant t o the City’s “Labour Trades Contractual Obligations in the Con struction Industry” (more particularly described in the do cument attached to the Applicable City Policie s section) for the Work or any part there of, the Vendor (and any Subcontractor pe rforming any part of su ch Work) must be aff iliated with the applicable collective bargainin g agency and the Bidder shall su bmit proof of such affiliation of the Contractor prior to an award of contract. The Vendor will not be permitted to change any na med Subcontractor without the written approval of the Contract Administrator. Any request for cha nging a named Subcontractor must be submitted in writing. The Vendor acknowledges that upon receipt of such a request by the City, the review and approval process could take a time to complete. Any delay in the co mmencement of the Work or in t he performance of the Work or in the Vendor’s performance of its obligations

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under the Contract related to or arising from the City’s consideration of the Vendor’s request for a Subcontractor change shall be solely borne by the Vendor.

D. Corporate Profile Report Upon request the Vendor will be required to provide a copy of the Vendor's and/or any of the Vendor's affiliated/related legal entities' Corporate Profile Report(s) (Ontario), or equivalent official record issued by the appropriate government authority.

The City also reserves the right to require the Vendor to provide a copy of the Corporate Profile Report or equivalent official record for all of the Vendor's affiliated or related legal entities.

The Corporate Profile Report(s) must have been issued not more than ten (10) working days prior to the date that the City requests the report. The City reserves the right to confirm the accuracy of the information contained in the Corporate Profile Report, and to require additional information from the bidder as necessary.

In the event that a request for a Corporate Profile Report or equivalent official record cannot be processed by the appropriate government office within five (5) working days of the City contacting the bidder, the contractor must provide proof that the request has been made and provide an indication as to when the information is expected to be received. The City may refuse to award a contract to any contractor, including the lowest bidder, where the requested information has not been received within five (5) working days of the City contacting the contractor.

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Section 3 – Tender Submission Package BID BOND

Tender Call No. 66-2016 Contract No. 16ECS-MI-01AB

Page 3-1

BOND NO:

KNOW ALL MEN BY THESE PRESENTS that we

herein called the "Principal"

- and -

herein called the "Surety"

are jointly and severally held and fir mly bound unto the City of Toronto, hereinafter called the "City", each, in the penal sum of

FIVE HUNDRED AND NINETEEN THOUSAND DOLLARS

of lawful money of Canada, to be paid to the City or to its successo rs or assign s for which payment well and truly to be made, we jointly and severally bind ourselves, our and each of our several and respective executors, administrators, succe ssors and assigns and every of the m forever firmly by these presents.

SEALED with our several and respective seals.

DATED this day of 20

WHEREAS the said Principal is herewith submitting to the City its Tender for

TENDER CALL NO. 66-2016 CONTRACT NO. 16ECS-MI-01AB

and the sa id Tender provides that it is to cont inue open to acceptance and to be irrevocable until the formal contract is executed by the successful Bidder.

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Section 3 – Tender Submission Package BID BOND


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NOW the condition of this obligation is such that if, on acceptance of the Tender of the aforesaid Principal in accordance with the terms and con ditions of said Tender within 120 days from the closing date of the Tender, the said Principal shall, within the time required, enter in to a formal contract and give good and sufficient bonds required by the said Tender to secure

(i) the performance of the terms and conditions of the contract, and

(ii) payment for certain labour and materials,

both in the forms required by the City then this obligation shall be void; otherwise the Principal and Surety will pay unt o the City the differenc e in money between th e total amount of the Tender of the said Principal and the sums of the amount for which the City legally contracts with another party to perform the work and for which the City of Toronto may expend or for which it may become liable by reason of su ch default or failure, including the co st of any advertisement for new Tenders if the latter sums of the amount be in excess of the former; but in no event shall the Surety's liability exceed the penal sum hereof.

AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable as Principal and that nothing of any kind or matter whatsoever that will not discharge the Principal shall operate as a discharge or release of liabilit y of the Surety, any law or usage r elating to the liability of Sureties to the contrary notwithstanding.

SEALED AND DELIVERED )

in the presence of )

)

) Principal

)

)

)

Surety

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Section 3 – Tender Submission Package Statutory Declaration Form with ASBESTOS AWARENESS TRAINING Tender Call No. 66-2016 Contract No. 16ECS-MI-01AB

Page 3-3

DOMINION OF CANADA } IN THE MATTER of a proposed Contract for } PROVINCE OF ONTARIO } } JUDICIAL DISTRICT } } OF YORK; } } TO WIT: }

as hereinbefore described on the first page of the TENDER CALL PACKAGE.

I/we

of the city / town / village of

in the province of do solemnly declare as follows:

IF AN INDIVIDUAL STRIKE OUT "OF"

1. I am (If an incorporated Company, state "President", “Secretary”, or as

the case may be) of

(State Firm Name)

the Bidder herein.

IF AN INDIVIDUAL CARRYING ON A BUSINESS UNDER A FIRM NAME, USE THE FOLLOWING PARAGRAPH

I am the Bidder herein and I carry on business at

under the name of and (State Firm Name)

there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THE FOLLOWING PARAGRAPH

We are the Bidders herein and we carry on business at

in partnership,

under the name of and (State Firm Name)

we are the only members of such partnership.

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2. I/we have a health and safety policy and a programme to implement such policy as required by clause 25 (2) (j) of the Occupational Health and Safety Act. R.S.O., 1990, c. o.1, as may be amended (hereinafter “OHSA”), and the said policy does not conflict with the health and safety policy of the City of Toronto.

3. With respect to the goods and services contemplated in the above Contract, the Bidder and its proposed Subcontractors

a) HAVE/HAVE NOT YET ** conducted training, for all personnel to be involved in providing such goods and services (including but not limited to employees and workers as well as the employees and workers of all sub-contractors), as required by the OHSA and all regulations thereunder, including those with respect to the workplace hazardous materials information system, industrial establishments, construction projects, confined spaces and designated substances.

b) HAVE/HAVE NOT YET **, without limiting the generality of the foregoing, provided its personnel (including but not limited to employees and workers as well as the employees and workers of all sub-contractors) with Asbestos Awareness Training which meets the requirements of Ontario Regulation 278/05 (Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “A”.

c) HAVE/HAVE NOT YET ** put into effect all programs and plans related to confined spaces as required by the regulations under the OHSA.

d) HAVE/HAVE NOT YET ** put into effect all programmes relating to designated substances as required by the regulations under the OHSA.

e) In the case where "HAVE NOT YET" has been indicated in either or all of (a), (b), (c) or (d) the Bidder undertakes to provide to the Executive Director or General Manager of the respective Division a "Supplementary Statutory Declaration" on the form provided following award of the Contract that the requisite training and/or programmes have been completed in order that a written order to commence work may be issued by the Executive Director or General Manager, and undertakes that no claim for delay or extension of Contract will be made for failure by the Bidder to comply with this requirement.

** EITHER "HAVE" OR "HAVE NOT YET" TO BE STRUCK OUT AND INITIALLED

*** BIDDER TO WRITE IN THE NAME OF THE DESIGNATED “ COMPETENT PERSON ”

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4.(a) The Bidder designates ***____________________________, a representative of the Bidder who shall be assigned to a supervisory role over the work of the Contract and who has received training in the provisions of the OHSA which qualifies him/her to act as a "competent person" as defined in the OHSA, in order to have him/her act in an informed and responsible manner in complying with the OHSA and the Contractor's role as employer under the terms of this Contract and the OHSA.

4.(b) Without limiting the generality of the foregoing, the bidder’s supervisors HAVE/HAVE NOT YET ** received, in addition to Asbestos Awareness Training set out in 3(b), a program of Asbestos Management Training which meets the requirements of Ontario Regulation 278/05 (Designated Substances – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “B”.

5. I/we have carefully read through the foregoing Tender Call Package, and to the best of my/our information, knowledge and belief the several matters stated in the said Bid are in all respects correct and true.

6. I am/we are each of the full age of twenty-one years or over.

And I/we make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of "the Canada Evidence Act".

SEVERALLY DECLARED before me at the } } of in } the Province of Ontario } } this day } Signing Officer of Company } of 20 }

_______________________________

A Commissioner, etc.

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APPENDIX “A”

“ASBESTOS AWARENESS TRAINING”

history of asbestos and asbestos-containing materials

how to identify asbestos

the hazards of asbestos exposure

methods of controlling asbestos hazards

the use, care and disposal of protective equipment and clothing to be used and worn when doing the work

use and maintenance of respiratory protective equipment (RPE)

personal hygiene to be observed when doing the work

Ontario legislation regarding asbestos

the measures and procedures prescribed by the Occupational Health and Safety Act and Ontario Regulation 278/05 regarding asbestos

overview of Type 1, Type 2 and Type 3 abatement methods and procedures

Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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APPENDIX “B”

“ASBESTOS MANAGEMENT TRAINING”

Occupational Health and Safety Act and Regulations and Ontario Regulation 278/05

regarding Asbestos Identification of health hazards Legislated employer duties Responsibilities of Workers Legislated constructor duties Legislated Asbestos Management Plans Ongoing Asbestos Management in Buildings, O Reg 278/05 Asbestos Records Asbestos Management Program Building Surveys Control considerations including management plan, encapsulation / encasement,

enclosure, removal Asbestos Waste Disposal Environmental Protection Act Ontario Regulation 347 Packaging Waste Transporting Asbestos Legislation Requirements General Respirator Limitations Types of Respirators Parts of a Respirator Visual Inspection Fit Checks Particulate Filters General Guidelines for Abatement Activities Classifying Activities Work Procedures – Type 1, Type 2 and Type 3 abatement methods and procedures

Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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Section 3 – Tender Submission Package CITY POLICIES SUBMISSION FORM


Page 3-8

Policy to Exclude Bids from External Parties Involved in the Preparation or Development of a Specific Call/Request

To ensure fair and equal treatment in its competitive procurements, the City of Toronto will undertake to:

disallow bidders/proponent from submitting a Bid to any Tender, Quotation, or Proposal call in which the bidders/proponen t has participated in the preparation of the call document; and

a bidders/proponent who fails to comply will result in disqualification of their response to the call/request.

Did you, the Bidder, assist the City of Toronto in the preparation of this Tender Call Document (this question does not refer to your Bid)?

Yes __________ No __________

************************************************************************************************************* Policy on Restrictions on Hiring and Use of Former City of Toronto Management Employees for City Contracts

Former City of Toronto management employees who took part in a separation program or received a retirement incentive are prohibited from participating in contracts directly or indirectly related to the City of Toronto and it s special purpose bodies for a perio d of two ye ars starting from an employee’s termination date.

Bidders are to state the name(s) of any fo rmer City of Toronto management employee(s) hired/used by your firm, if any, who have left the employ of the City or its special purpose bodies within the last two years.

Specify:

****************************************************************************** Policy on the Purchase of products manufactured in factories where children are used as slave labour or other exploitive circumstances which impedes child development Bidders must state where the products offered have been made. City Council does not wish to see products used that have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development. Therefore, preference will be given to bidders that obtain products from any country other than the aforementioned, but this criteria will not be used to disqualify any Bidder. Bidders are to state if products offered have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development.

Yes __________ No ___________

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Section 3 – Tender Submission Package PRICING FORM


Page 3-9

The Bidder hereby tenders and offers to enter into a Contract, being the Contract herein before referred to, to supply and do all or any part of the work which is set out or called for in this Bid, on the terms and conditions and under the provisions set out or called for in this Bid, at and for the following sum, which includes excise tax, patent fees, duty, exchange, all other charges, and Harmonized Sales Tax (HST), as specified and shown on the drawings for:

1 Basic Lump Sum Bid Price, excluding HST $

2 Total Allowance for Schedule of Prices, excluding HST,

(Carry forward from Section 3, page 3-13 ) $

3 Lump Sum Bid Price, excluding HST,

(addition of rows 1 and 2) $

4 Total HST (13%) $

5 TOTAL LUMP SUM BID PRICE : (addition of rows 3 and 4)

$

The Total Lump Sum Tender Price of: *

Canadian Dollars

* Insert the Total Lump Sum Bid Price amount above in words in the space provided and carry forward this amount to the Tender Call Front Cover. Contract Time means the duration in weeks from the date of the written order to commence Work from the Executive Director of Engineering & Construction Services, or his/her designate, until completion of the Work. The City has estimated the reasonable range of Contract Time at between a minimum of 74 weeks and a maximum of 82 weeks. The Bidder agrees that the Contract Time shall be 78 weeks in absence of its own estimate set out below, or where the Bidder proposes a Contract Time outside of the range provided by the City. Subject to the above, the Bidder proposes the following Contract Time (in number of weeks) for the purposes of their Bid: __________________** (**The Bidder to fill in number of weeks).

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Section 3 – Tender Submission Package PRICING FORM


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It is the Bidder's responsibility to reasonably assess the time required to complete the Work. If the Bidder's assessment indicates that the reasonable range set out above is insufficient to complete the Work, the Bidder must notify the City no later than the deadline for questions set out in Section 2 - Information for Bidders. In the absence of an addendum issued by the City altering the reasonable Contract Time range set out above, the Bidder shall be deemed to accept the Contract Time range set by the City. The Bidder agrees that, if the Bid is accepted, the Bidder will supply whatever additional articles and materials a nd execute whatever alterations, extras or deductions may be required to the works, and that payment for such alterations, extras or deductions shall be in accordance with the requirements of the General Conditions of this Contact.

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SECTION 3 – TENDER SUBMISSION PACKAGE SCHEDULE OF PRICES

Tender Call No 66-2016 Contract No. 16ECS-MI-01AB

Page 3-11

The Bidder shall complete the following schedule below giving the names of any items of equipment or materials they submit as equivalent to that which is specified and for which he offers the stated Price saving to the Lump Sum Tender price if any of such items is accepted by the Executive Director. Detailed information on the proposed equivalent equipment or materials shall be submitted with the Tender.

SCHEDULE OF PRICE SAVINGS EQUIPMENT

SAVING ITEM SPEC

SECTION SUPPLIERS NAME AND ADDRESS

PRICE

Note: If additional space is required, list information on an added sheet.

The Bidder will also fill in the following Schedule of Prices to cover alterations, extras or deductions. The terms of this Schedule apply notwithstanding anything to the contrary in the Contract Documents.

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Page 3-12

SCHEDULE OF PRICES TO COVER ALTERATIONS, EXTRAS OR DEDUCTIONS

Item No Description

Provisional Quantity Unit Unit Price Total Price

1 Asphalt repairs, as per Section 02512 20 m2 $ _______ $ ___________

2 Structural crack repairs as per Section 03300 100 m $ _______ $ ___________

3 2.4 m Precast Concrete Curb 140 EA $_______ $__________

4 Beyond Scope Work as defined in Contract Documents for Electrical Modification for ESA Certification

1 LS -- $30,000.00

5 Allowance for additional hazardous material abatement required during pump refurbishment

1 LS -- $20,000.00

6 Allowance for wildlife removal and clean-up of infested areas 1 LS -- $10,000.00

7

M Building – Pump No. 9 Pump Refurbishment from Condition Assessment Report Recommendations

1 EA $20,000.00 $20,000.00

8

M Building – Pump No. 9 Motor Refurbishment from Condition Assessment Report Recommendations

1 EA $10,000.00 $10,000.00

9

T Building – Pumps 1 through 5 Pump Refurbishment from Condition Assessment Report Recommendations

5 EA $30,000.00 $150,000.00

10

T Building – Pumps 1 through 5 Motor Refurbishment from Condition Assessment Report Recommendations

5 EA $10,000.00 $50,000.00

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Page 3-13

Item No Description

Provisional Quantity Unit Unit Price Total Price

11

T Building – Pumps 1 through 5 E.M. Drive Refurbishment from Condition Assessment Report Recommendations

5 EA $5,000.00 $25,000.00

12 Refurbishment/repairs to MSG-11, MSG-15, TSG 1, TSG 2 from Inspection Report(s)

4 EA $80,000.00 $320,000.00

13 Smog Alert Response Allowance $ 20,000.00

14 Contingency Allowance $920,000.00

15 GRAND TOTAL (Rows 1-14) $ ____________________________

(Carry forward to Page 3-9)

TOTAL ALLOWANCE FOR SCHEDULE OF PRICES TO COVER ALTERATIONS, EXTRAS OR DEDUCTIONS (EXCLUDING HST) The contingency and c ash allowances listed in this Schedule are for potential Work which may be required beyond the scope of this Contract. The unit prices entered by the Bidder for t he items listed in this Schedule shall be used by the City to determine payments for the Work where those Work items are ordered by the Consultant, and shall also be use d by the City to determine credits to the City from the Contractor where quantities ultimately required for unit price items under the base scop e of the Co ntract are less than the original Contract quantities. T he unit prices in the schedule shall not include HST nor overhead and profit. The unit prices in serted above for provisional quantities shall be u sed to deter mine payment for those items or cre dits even if actual quantities are found to vary considerably from them. In accordance with CCDC-2 Part 4, the Contract Price includes the cash allowances and the Contract Price inclu des all overhead and profit for those allowances. Profit and overhead on cash allowance Work will be in addition to th e figures in the Schedule and will be calculated in accordance with the Contract Documents. In accordance with CCDC-2 Part 4, the Contract Price includes the contingency allowance listed in this Schedule. The conting ency allowance includes all overhead and profit in connection with Work undertaken under the contingency allowance. The Bidder agrees that no part of the cash allowances or contingency allowance shall be expended without written directio n from the City. Pa yments from the contin gency allowance will be made only following issuance of a Change Order approved by the City.

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Page 3-14

Any unused portion of the contingency allowance and cash allowances, and any credits to the City for unit price items shall be deducted from the Contract Price. In the event of obvious mathematical errors in the Schedule of Prices, the unit prices tendered shall be considered correct and arithmetic exten sions and t otals shall be corrected accordingly. Any such c orrections resulting in adjustment to the total for the Schedule of Prices will be similarly applied a s an adjustm ent to the T otal Lump Sum Price tendered for the project. Bidders that do not fully complete these forms (such as leaving lines blank), or have unclear answers (such as "n/a", " -", "tba" or "included" etc.) will be declared n on-compliant. Prices that are intended to be zero cost/no charge to the city are to be submitted in the space provided in the price schedule as "$0.00" or "zero". Payment for Work not listed in this Schedule will be made in accor dance with the Contract Documents. Taxes Harmonized Sales Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in the call. HST for the supply a nd delivery of materials/goods are to be shown as additiona l separate line items on the Price Schedule and any subsequent invoices.

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SECTION 3 – TENDER SUBMISSION PACKAGE EXPERIENCE AND QUALIFICATIONS FORM


Page 3-15

Name of Bidder: Date: The Bidder must provide a minimum of two (2) reference projects for the purpose of confirming the Bidder's experience and track record of success as per Section 2, Item 7.2 A. Each reference project shall include: Failure to provide verifiable experience will declare the bid non-compliant 1. Project Experience / Comparable Projects (Section 2, Clause 7.2.A.1)

First Reference

Project Description

Location:

Scope of Work:

Date of Start and Substantial Performance:

Project Value

Owner contact information (phone & e-mail)

Consultant contact information (phone & e-mail)

Mechanical sub-contractor & contact information

Electrical sub-contractor & contact information

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SECTION 3 – TENDER SUBMISSION PACKAGE EXPERIENCE AND QUALIFICATIONS FORM


Page 3-16

Second Reference

Project Description

Location:

Scope of Work:

Date of Start and Substantial Performance:

Project Value

Owner contact information (phone & e-mail)

Consultant contact information (phone & e-mail)

Mechanical sub-contractor & contact information

Electrical sub-contractor & contact information

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Section 4 – Scope of Work:

Technical Specification Tender Call No. 66-2016 Contract No. 16ECS-MI-01AB

ECS – February 09, 2015 (VP) Page 4-1

TABLE OF CONTENTS Division 1 General Requirements

01015 Project Requirements 01020 Contract Drawings 01029 Measurement and Payment 01040 Use of the Owner's Site - ABTP 01045 Cutting and Patching 01050 Project Meetings 01060 Hazardous Areas 01062 Health & Safety 01070 Abbreviations of Terms and Organizations 01080 Regulatory Requirements 01145 Information Documents 01300 Submittals 01310 Construction Scheduling 01330 Suggested Sequence of Construction 01365 Waste Management 01400 Quality Control 01500 Temporary Facilities 01510 Field Office 01530 Protection of Existing Facilities 01565 Environmental Requirements Protection 01568 Erosion Control, Sedimentation 01611 Meteorological and Seismic Design Criteria 01612 Shipping 01614 Handling and Storage 01631 Substitutions 01640 Work Management System (WMS) Entity Information

Worksheet 01650 Pre-startup, Startup and Commissioning 01690 Commissioning Tag Process 01700 Project Closeout 01710 Spare Parts and Special Tools 01720 Field Engineering (Preparation) 01730 Project Record Documents 01740 Operations and Maintenance Data 01750 Cleaning 01760 Warranty Period 01820 Demonstration and Training

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Division 2 Site Work

02050 Demolition and Salvage 02051 Alterations to Existing Structures 02200 Earthwork 02201 Site Preparation 02202 Trenching and Backfill 02316 Steel H-Section Piles 02355 Pile Driving 02356 Pile Testing 02512 Asphalt Paving 02522 Concrete Sidewalk, Curb and Gutter 02821 Chainlink Fence 02911 Soli Preparation 02920 Lawns and Grasses

Division 3 Concrete

03100 Concrete Forming 03200 Concrete Reinforcement 03250 Concrete Joints and Accessories 03300 Cast-in Place Concrete 03350 Concrete Placing, Finishing, and Curing 03600 Grouting 03920 Concrete Surface Repair 03930 Concrete Crack Repair

Division 5 Metals

05050 Welding 05313 Steel Form Deck 05500 Metal Fabrication 05520 Handrailing, Guardrailing, and Ladders 05530 Grating 05550 Anchorage in Concrete and Masonry 05700 Miscellaneous Metal Fabrications

Division 7 Thermal and Moisture Protection

07200 Thermal Insulation 07220 Air Vapour Barriers Membrane 07270 Fire-stopping Systems

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07530 EPDM Roofing 07600 Flashing and Sheet Metal 07900 Sealants

Division 8 Doors and Windows

08110 Hollow Metal Doors and Frames 08120 Rolling Metal Doors 08305 Floor Access Hatch 08700 Finish Hardware 08800 Glazing

Division 9 Finishes

09250 Metal Stud and Drywall 09700 Epoxy Coating 09900 Painting

Division 11 Equipment

11010 General Equipment Stipulations 11420 Pump Refurbishment 11500 Lead Removal

Division 13 Instrumentation, Control and SCADA

13010 Process Control General 13010.03 PCS Guideline - Instrument and Equipment Testing 13010.04 PCS Guideline - Colour Convention 13010.05 PCS Guideline - RPU Software Programming 13010.06 PCS Guideline - Standard Software Modules 13010.07 PCS Guideline - Operator Interface Programming 13010.08 PCS Guideline - Process Display Programming 13010.09 PCS Guideline - Alarming 13010.11 PCS Guideline - Factory Acceptance Testing

13010.11.1 PCS Guideline - FAT and SAT Check Sheet 13010.11.2 PCS Guideline - Process Logic Test Sheet 13010.12 PCS Guideline - Site Acceptance Testing and

Commissioning 13040 Equipment & Data Tagging

13040.1 Equipment (Instrument Asset) Aluminum Tag List 13040.2 Equipment (Pumps_Valves As set) Aluminum Tag

List

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13040.3 Equipment (Asset) Lamacoid Tag List 13040.4 Supplemental (MCC Starter Disconnect) Lamacoid

Tag List 13040.5 Supplemental (Source of Power) Lamacoid Tag List 13040.6 EDOCSLIB-#9501 WMS Entity Information

Spreadsheet 13105 General Instrumentation Requirements

13138.2 Thermal Flow Switch 13150.3 Radar Level Transmitter – Horn Antenna 13168 Pressure Switches 13169 Pressure Indicating Gauge 13190 Smoke Detector 13305 Field Wiring

13305.1 RPU0201 IO List 13305.2 RPU0203 IO List 13305.3 RPU0204 IO List 13305.4 RPU0211 IO List 13320 Panel Wiring 13325 DC Power Supply 13366 Power Monitoring Unit (PQM II)

13366.1 Motor Protection Unit (469) 13368 Feeder Protection Unit (750)

13372.1 Power Monitoring System Update 13900 Paging and Telephone Systems

Division 14 Conveying Systems

14641 Portable Gantry Crane

Division 15 Mechanical

15010 Valve Installation 15020 Miscellaneous Piping and Accessories Installation 15055 Equipment, Pipe and Valve Identification 15064 Steel and Stainless Steel Pipe and Alloy Pipe, Tubing and Accessories 15100 Process Valves 15110 Knife Gate Valve 15112 Gate Repair (MSG-11, MSG-15, TSG-01, TSG-02) 15115 Elastomeric Check Valves 15140 Pipe Supports 15180 Valve & Gate Actuators 15250 Mechanical Insulation

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15499 Seal Water Stations

Division 16 Electrical

16015 Electrical Systems Analysis 16050 Electrical 16100 Electrical Equipment Installation 16125 Walk-in Switchgear Building 16360 Metal Enclosed Fusible Interrupter Switchgear 16390 Medium Voltage Soft Starters

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SECTION 1015

PROJECT REQUIREMENTS

1.