TORONTO TRANSIT COMMISSION REQUEST FOR BIDS

TORONTO-YORK SPADINA SUBWAY EXTENSION

SALE AND REMOVAL OF TUNNEL BORING MACHINES (TBMs)

AND AUXILLARY EQUIPMENT

BID NO.: Z13SB13614

December, 2013 Toronto Transit Commission

Toronto Transit Commission Request For Bids Bid No.: MASTER INDEX DOCUMENT 00100 - INSTRUCTIONS TO BIDDERS DOCUMENT 00300 - BID FORM DOCUMENT 00700 - GENERAL CONDITIONS DIVISION 1 - TERMS OF SALE

Toronto Transit Commission Document 00100 Bid No.: Z13SB13614 INSTRUCTIONS TO BIDDERS INDEX

Section Title Page

1 BID SUBMISSION ..........................................................................................................1

2 BID OPENING ...............................................................................................................1

3 BID INQUIRIES ..............................................................................................................1

4 LOBBYING ....................................................................................................................1

5 ADDENDA ....................................................................................................................1

6 AWARD .......................................................................................................................2

7 SUBMISSION REQUIREMENTS ........................................................................................2

8 SELECTION OF BUYER ..................................................................................................2

9 EXCEPTIONS OR QUALIFICATIONS .................................................................................2

10 WITHDRAWAL OF BIDS ...............................................................................................2

11 ACCEPTANCE OF BIDS ................................................................................................3

12 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT ..................3

13 INVESTIGATION ..........................................................................................................3

Toronto Transit Commission Document 00100 Bid No.: Z13SB13614 INSTRUCTIONS TO BIDDERS Page 1 BID NO. : Z13SB13614 Toronto-York Spadina Subway Extension TITLE : Sale and Removal of Tunnel Boring Machines (TBMs) and Auxiliary Equipment

1 BID SUBMISSION The Bidder shall complete all sections of the attached Bid Form in ink. The Bidder shall be responsible for familiarizing themselves with the provisions of this

document. Sealed Bids will be received by the Commission at 11th Floor Reception Desk addressed

to: ATTENTION: M. Visconti Director – Procurement, TYSSE 5160 Yonge Street, 11th Floor Toronto, ON M2N 6L9 Until 2:00 p.m. Toronto time on Friday January 24, 2014 or postmarked one day prior to

date shown above.

2 BID OPENING Bids will be opened privately.

3 BID INQUIRIES All inquiries shall be directed to D. Barba, Senior Contract Administrator, at (416) 397-

8064 or Fax No.: (416) 338-0275.

4 LOBBYING

.1 Anyone who “Lobby’s” (as defined in the City of Toronto Municipal Code, Chapter 140) or is expected to Lobby a Member of the Board (i.e. Commissioner), their staff, or any Board officer or employee must comply with the requirements as set out in the City of Toronto Municipal Code, Chapter 140 – Lobbying). For the purposes of Chapter 140 of the City of Toronto Municipal Code, the Board is a “local board (restricted definition)”. For further information please see City of Toronto Web site at www.toronto.ca/lobbying.

.2 Failure to comply with the requirements of Chapter 140 of the City of Toronto

Municipal Code, may, in the Board’s sole discretion, be considered in the evaluation of the Proponent’s current or future tender/proposal submissions and

Toronto Transit Commission Document 00100 Bid No.: Z13SB13614 INSTRUCTIONS TO BIDDERS Page 2

award of the current or future contracts. The Board reserves the right, at it sole discretion, to not award a contract to a Proponent who has failed to comply with the requirements of Chapter 140 of the City of Toronto Municipal Code.

5 ADDENDA During the Bid period, any change to the Request for Bids will be made by the issue of

addenda, which will be couriered to the Bidder. Addenda will be issued in the form of complete replacement pages which are to be inserted in the Request for Bids, discarding the replaced pages. Revised pages will refer to the addendum number in the bottom right corner of the page. Addenda will be accompanied by a transmittal which will be signed and returned promptly. Addenda will also include a green acknowledgement form to indicate acceptance of the contents of the addendum. The Bidder shall sign and submit a copy of this form with its Bid to acknowledge that the contents form a part of its Bid.

6 AWARD The Commission reserves the right to award any or all portions of the lot(s) as specified

in the Bid Form.

7 SUBMISSION REQUIREMENTS Each bidder shall submit a completed bid form, including full address, phone and fax

numbers (if applicable). Bidders may bid on any or all equipment listed on the Price Schedule.

8 SELECTION OF BUYER Buyer will be selected based on a per item basis as per the price(s) set out in the Bid

Form.

9 EXCEPTIONS OR QUALIFICATIONS The Bidder shall be deemed to accept all terms and conditions of the Request for Bids.

Taking any exception to the Bid Documents may render the Bid unacceptable.

10 WITHDRAWAL OF BIDS No Bid may be withdrawn after the closing date and time for Bids, until expiration of the

Bid validity period specified on the Bid Form.

Toronto Transit Commission Document 00100 Bid No.: Z13SB13614 INSTRUCTIONS TO BIDDERS Page 3 11 ACCEPTANCE OF BIDS The Commission is under no obligation to accept the highest Bid. The Commission

reserves the right to cancel or withdraw the Request for Bids at any time prior to Notification of Award at no cost to the Commission.

Each and every alteration or erasure made in the Bid shall be initialed by an authorized

signatory of the Bidder. Any errors or inconsistencies in the Bid submission shall be subject to the interpretation of the Commission.

12 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT A Bid submitted to the Commission shall become the property of the Commission and is

therefore, subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, 1989. Bidders are encouraged to familiarize themselves with the provisions of this Act.

13 INVESTIGATION The Commission will conduct a tour for Bidders to view and inspect the condition of the

material/equipment prior to bidding. Failure to do so shall not in any way relieve the Bidder of the obligation to honor their offer. Interested parties are encouraged to attend the tour.

The tour will be held on Wednesday, December 18, 2013 at 9 a.m. Bidders shall meet

at the entrance of Keele Valley landfill at the corner of McNaughton Road East and Eaglet Court where they will be me by a Commission’s Representative.

Toronto Transit Commission Document 00300 Bid No.: Z13SB13614 BID FORM INDEX

Section Title Page 1 DECLARATION ...................................................................................................... 2

2 OFFER ................................................................................................................. 2

2.1 PRICE SCHEDULE .................................................................................................. 3

3 VALIDITY ............................................................................................................. 4

4 SIGNATURE .......................................................................................................... 4

Toronto Transit Commission Document 00300 Bid No.: Z13SB13614 BID FORM Page 2 Title : Toronto-York Spadina Subway Extension Sale and Removal of Tunnel Boring Machines (TBMs) and Auxiliary Equipment Bid No. : Z13SB13614 To : Toronto Transit Commission

1 DECLARATION: We:__________________________________________________________________________ (Name of Bidder) ______________________________________________________________________________ (Address) ______________________________________________________________________________ ______________________________________________________________________________ (Telephone Number Incl. Area Code and Fax Number) do hereby declare as follows: - That we have carefully examined the Instructions to Bidders, the General

Conditions, Terms of Sale, and do hereby accept the same as part and parcel of the Contract;

- That this Bid is made without any knowledge, comparison of figures, or

arrangements with any other party or parties making a Bid for the same Lot(s) and is, in all respects, fair and made without collusion or fraud;

- That no member of the City of Toronto Council or Commissioner of the Toronto

Transit Commission, or any officer or employee of a municipal corporation of the Toronto area, or of the Toronto Transit Commission is or shall become interested, directly or indirectly, as a contracting party, partner or otherwise in, or in any portion of the profits thereof.

- That we are in compliance with the City of Toronto Municipal Code, Chapter 140

- Lobbying.

2 OFFER: We do hereby bid and offer to purchase the equipment as specified within the Request

for Bids, for the Prices as set out in the price schedule in Canadian Funds (Excluding Taxes).

Toronto Transit Commission Document 00300 Bid No.: Z13SB13614 BID FORM Page 3 2.1 PRICE SCHEDULE The Bidder shall complete the following price schedule. Bidder may bid on any or all

items listed below.

(DO NOT INCLUDE ANY TAXES IN THE PRICE OFFERED)

LOT NUMBER QTY UNIT UNIT PRICE PRICE OFFERED

EBM #25700 1 EACH $

EBM #25900 1 EACH $

EBM #25800 1 EACH $

EBM #26000 1 EACH $

TBM POWER SUBSTATION

1 EACH $

TBM POWER SUBSTATION

1 EACH $

TBM POWER SUBSTATION

1 EACH $

TBM POWER SUBSTATION

1 EACH $

SEGMENT MOULDS

(Consists of 12 sets = 72 moulds = 6 moulds per set)

12 SETS $

HST EXEMPTION NO:

F.O.B. TTC Site

BIDDERS NAME: ______________________________________________

Toronto Transit Commission Document 00300 Bid No.: Z13SB13614 BID FORM Page 4 3 VALIDITY: We agree that this Bid is valid for acceptance for a period of 60 calendar days from the

day of closing of Bids and that the Commission may at any time within the said period accept this Bid whether or not any other Bid has been previously accepted.

4 SIGNATURE: Dated this ............................... Day of ......................................... 20........... ............................................................................................... (Signature) ............................................................................................... (Print Name)

Toronto Transit Commission Document 00700 Bid No.: Z13SB13614 GENERAL CONDITIONS INDEX

Section Title Page

1 DEFINITIONS ........................................................................................................ 1

2 DOCUMENT ORDER OF PRECEDENCE ...................................................................... 1

3 LAWS TO BE OBSERVED ....................................................................................... 1

4 INDEMNIFICATION ................................................................................................ 2

5 TERMS OF PAYMENT ............................................................................................ 2

6 PAYMENT AND CORRESPONDENCE ........................................................................ 2

7 ASSIGNMENT ....................................................................................................... 2

8 TAXES................................................................................................................. 3

Toronto Transit Commission Document 00700 Bid No.: Z13SB13614 GENERAL CONDITIONS Page 1

1 DEFINITIONS Wherever in the Sale Documents the following terms or pronouns in place thereof shall

be interpreted as defined below:

a) Board or TTC - Toronto Transit Commission. b) Commission’s Representative - shall mean the duly authorized representative,

designated from time to time by the Board, to exercise such power, authority or discretion as is required under the Contract.

c) Contract - The Sale entered into by the Commission and the Buyer as set out in

the Request for Bids Documents. d) Buyer - The Bidder to whom the Commission has awarded the Sale of Lot(s). e) Contract Documents - The Request for Bids and the Bidder's Bid. f) Notification of Award - The written or verbal notification by the Commission

accepting the Bid of a bidder. g) Bid - The written offer of a bidder to buy the goods. h) Request for Bids - The Instructions to Bidders, General Conditions, Bid Form as

applicable. i) Sale - The whole or any part of the Sale of Tunnel Boring Machines (TBMs) and

Auxiliary Equipment j) Lot – Any or all lots listed in Price Schedule. k) F.O.B. - The point at which title passes only. This does not relieve the Buyer of

their responsibility to remove the lots awarded at the prices bid.

2 DOCUMENT ORDER OF PRECEDENCE The Sale Documents shall consist of the Commission's “Notification of Award Letter”, if

applicable, the Commission's Request for Bids and the Buyer's Bid and shall take precedence in the order in which they are named.

3 LAWS TO BE OBSERVED The Buyer shall comply with the laws, statutes, regulations and by-laws of Canada, the

Province of Ontario and Municipalities which are applicable in the Sale. The Contract shall be governed and interpreted in all aspects with the laws of Ontario.

Toronto Transit Commission Document 00700 Bid No.: Z13SB13614 GENERAL CONDITIONS Page 2 4 INDEMNIFICATION

The Contractor shall hereby assume the defense of, fully indemnify and hold harmless the Commission, its Engineer, consultants, agents and employees in respect of the amount of any claim, demand, loss, cost, expense (including reasonable legal expenses), action, suit, proceeding, liability, fine, penalty, interest, payment or damage by whomsoever (including, without limitation, the Commission) which is made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to any breach of the Contract by the Contractor, or to any wilful misconduct, fault, or negligent act or omission of the Contractor or any person, agent, consultant, firm or corporation for whose acts the Contractor is liable at law (collectively referred to as "Claims"). Further, the Contractor shall pay any amount of Claims incurred by the Commission on account of any injuries, including death or damages, received or sustained by any persons or property and if it fails to do so, the Commission may pay such Claims and deduct the amount thereof from any monies due, or to become due, to the Contractor, or otherwise recover such amounts or any balance thereof from the Contractor. Notwithstanding anything to the contrary contained in the Contract, in no event shall either party be liable to the other party for any consequential damages, including, but not limited to, claims for loss of profit or reputation.

5 TERMS OF PAYMENT Payment shall be in Canadian Funds and inclusive of all applicable taxes in force at the

time of payment. Payment shall be in the form of a certified cheque made payable to the Toronto Transit

Commission or exact cash prior to the removal of sale item(s) from Commission property.

6 PAYMENT AND CORRESPONDENCE a) Certified cheque made out to the Toronto Transit Commission, Accounts

Receivable for the exact amount or exact cash shall be submitted to: A.G. Bertolo Chief Project Manager, TYSSE Toronto Transit Commission 5160 Yonge Street, 11th Floor Toronto, ON M2N 6L9

7 ASSIGNMENT The Buyer shall not knowingly purchase lots for any current Commission employee.

Toronto Transit Commission Document 00700 Bid No.: Z13SB13614 GENERAL CONDITIONS Page 3

8 TAXES The Bid price will be subject to applicable at the rate of tax effective on the date full

payment is made, unless Bidder is tax exempt.

Toronto Transit Commission Division 1 Bid No.: Z13SB13614 SPECIFICATIONS INDEX

Section Title Page

1 SCOPE OF WORK .................................................................................................. 1

3 PERMITS AND LICENCES ....................................................................................... 1

4 SAFETY EQUIPMENT .............................................................................................. 1

5 REMOVAL OF MATERIAL/EQUIPMENT ..................................................................... 1

6 REMOVAL OF DISTINCTIVE MARKINGS ................................................................... 1

7 CONDITIONS OF MATERIAL ................................................................................... 2

8 HOURS OF BUSINESS ............................................................................................ 2

Toronto Transit Commission Division 1 Bid No.: Z13SB13614 TERMS OF SALE Page 1

1 SCOPE The Commission approved the purchase of four Tunnel Boring Machines (TBMs) from Caterpillar Tunneling Canada Corporation, formerly Lovat Inc., on July 9, 2009 for use in the construction of the Toronto-York Spadina Subway Extension. TBM description of major components are attached as Appendix A. The tunnel liner moulds were manufactured by Armtec Holdings Ltd. Four Power Substations for the TBMs were manufactured and supplied by ABB Inc. These four TBM Power Substations consist, in general of a 27.6 kV switch, 2.5 MVA 27.6 kV to 13.8 kV transformer and 13.8 kV circuit breaker. The life expectancy of this equipment is 30 years; Operating: Each would be connected to a 30 amp circuit to power up anti condensation heaters and ventilation fan. Tunneling of the Toronto-York Spadina Subway Extension started on April 2011 and has now been complete. The TBMs are generally considered to have a useful life of tunneling of approximately 20 kilometers. At the completion of this project, they would have been used between 2.5 and 3.2 kilometers or approximately 10-15% of their useful life. Accordingly, the TBMs will be capable of significant additional tunneling on other projects with the same approximate diameter of tunnel.

2 PERMITS AND LICENCES

The Company shall obtain and pay for all permits and licences required either by the Province of Ontario, City of Toronto or any other authority to enable the Bidder to do all things necessary to perform the Contract according to the provisions of the agreement.

3 SAFETY EQUIPMENT

The Company shall at all times provide and wear proper safety gear, i.e. - safety shoes, hats, etc., when performing work on TTC property where required.

4 REMOVAL OF MATERIAL/EQUIPMENT

All material removed from the TTC's property will be accompanied with a Sales Delivery Slip. One copy of this form will remain with the material, one copy will be released to the Commission’s Representative. The TTC reserves the right to inspect any load at any time, and to have any vehicle and/or container weighed at any time during the operation. The Company must complete the removal of material within the required period after notification by the TTC. The Company will be required to load and transport all material at their own expense.

Toronto Transit Commission Division 1 Bid No.: Z13SB13614 TERMS OF SALE Page 2

6 REMOVAL OF DISTINCTIVE MARKINGS

The Company agrees to remove any and all trademarks, logos, labels and distinctive marking of the Toronto Transit Commission which may appear on the material/ equipment at the time of release by the Commission of said items or immediately thereafter unless otherwise agreed to or required by the Commission in writing.

7 CONDITIONS OF MATERIAL

All items will be sold on an "as is - where is" basis with no warranty of merchantability or fitness nor any other warranty expressed or implied, except for the warranty of title.

8 HOURS OF BUSINESS

Arrangements will be made with the Commission’s Representative for removal of any part of parts of the equipment.

Toronto Transit Commission Division 1 Bid No.: Z13SB13614 TERMS OF SALE Page 3 The following is provided for general information only the site visit will provide a more accurate account of equipment.

EPBM: #25700, #25900, #25800, #26000 General Information: The LOVAT RME241SE Series; mixed face, earth pressure balance (EPB) Tunnel-Boring Machine is specifically designed to mine in a mixed ground condition. TBM Model Number: RME 241SE Year of manufacturing: 2010 Tunnel Cut diameter: Nominal - 6.134 m Main Shield diameter: (Front & Rear) - 6.096 m Articulation minimum curve radiuses: Horizontal - 230 m. Vertical – 350 m. Tunnel finished diameter: 5400 mm EPB pressure rating: TBM is designed to support an EPB pressure of 3.5 Bar. Cutting tools: Ripper teeth, scraper teeth and a center nose cutter. Four (4) spokes of the cuttinghead. A trailing belt conveyor is used to transport the rock cuttings (muck) from the cuttinghead to the back up system, which deposits it into four (4) cars used for removal from the tunnel. Six (6) water-cooled electric motors @ 200kW each. Five (5) independently operated injection ports on the Cuttinghead face are used for foam and bentonitie injection. The main bearing is a triple roller-type with a pressurized lubrication system and rotary fluid joint. Two (2) probe drill port through the forward shell is parallel to the tunnel axis. The airlock provides access to the cuttinghead chamber through the upper level of the TBM bulkhead. Hours in mining operation (Estimate for the end of the drives): #25700 - 1100 hours #25900 – 1250 hours #25700 – 1040 hours #25800 – 1150 hours

25700 - DESCRIPTION OF MAJOR COMPONENTS Exclusions

• 6 Gearboxes • Motorplate structure • Rotary fluid joint • 1 Torque limiter • 1 Conveyor motor(M3) • M2 circuit breaker

Cuttinghead Drive System General Cuttinghead and Chamber Features -stored upright Cutting Tools -removed Forward Shell -stored upright Airlock -separate tarped(never used) Active Articulation System -separate container Forward Shell CD1 Water Injection Ports -attached Forward Shell High Pressure Water Injection -attached Stationary Shell -stored upright Propulsion Cylinders and Thrust Pads -separated/attached some in containers Passive Articulation -attached Muck Removal System Screw Conveyor -separate Trailing Belt Conveyor -separate Belt Conveyor Weighing System -separate Trailing Shield Tail Seals (Grease Injection System) -attached Grout Lines -attached Segment Handling and Erection Systems Segment Erector-Ring Type -separate Segment Transport Beam -separate Segment Unloader -separate Rail Up System -separate Operators Control Station -part of gantry structure Industrial Workstation -inside control cabin Telephone Communication System -attached CCTV System -attached PLC / Datalogger (Model DLC -laptop Human Machine Interface (HMI) -datalogger Gantry (Trailing) -separated Ground Conditioning System (Lovat) -separate Air Compressor (GCS and Tools) -separate Bentonite Injection System -separate High Voltage Cable Reel -separate Water Hose Reel -separate TBM Diesel Generator -separate Grout System (Peristaltic A/B type component) -separate Auxiliary Ventilation System -separate Ventilation Cassette Lifting System -separate Dewatering System -separate Substation -separate Main Drive and Transmission Main Drive Bearing -missing TACS Tunnel Guidance System -separate(at 5160 office)

25900 - DESCRIPTION OF MAJOR COMPONENTS Exclusions

• 2 Gearboxes • Bullgear •

Cuttinghead Drive System General Cuttinghead and Chamber Features -stored upright Cutting Tools -removed Forward Shell -stored upright Airlock -separate tarped(never used) Active Articulation System -separate container Forward Shell CD1 Water Injection Ports -attached Forward Shell High Pressure Water Injection -attached Stationary Shell -stored upright Propulsion Cylinders and Thrust Pads -separated/attached some in containers Passive Articulation -attached Muck Removal System Screw Conveyor -separate Trailing Belt Conveyor -separate Belt Conveyor Weighing System -separate Trailing Shield Tail Seals (Grease Injection System) -attached Grout Lines -attached Segment Handling and Erection Systems Segment Erector-Ring Type -separate Segment Transport Beam -separate Segment Unloader -separate Rail Up System -separate Operators Control Station -part of gantry structure Industrial Workstation -inside control cabin Telephone Communication System -attached CCTV System -attached PLC / Datalogger (Model DLC -laptop Human Machine Interface (HMI) -datalogger Gantry (Trailing) -separated Ground Conditioning System (Lovat) -separate Air Compressor (GCS and Tools) -separate Bentonite Injection System -separate High Voltage Cable Reel -separate Water Hose Reel -separate TBM Diesel Generator -separate Grout System (Peristaltic A/B type component) -separate Auxiliary Ventilation System -separate Ventilation Cassette Lifting System -separate Dewatering System -separate Substation -separate Main Drive and Transmission Main Drive Bearing -missing TACS Tunnel Guidance System -separate(at 5160 office)

TBM truck mounted ABB sub-station stored

Segment moulds – 12 sets of moulds (6moulds = 1 ring)(72 moulds)