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PMMD V 5.14 – 2016.07.20

Tender Call No.: 63-2017 Linear Contract No.: 17TW-DC-312OCS Issued: February 21, 2017 Bid Bond Amount: $500,000.00 Buyer: Christine Sze-Louie Telephone No.: 416-392-0627 Email.: [email protected] Client Division: Toronto Water, District Operations

TENDER CALL COVER PAGE Purchasing and Materials Management Division

Bids in response to this Tender Call must be completed, properly executed by the Bidder and received at the Purchasing and Materials Management Division, 18th Floor, West Tower, City Hall, 100 Queen Street West, Toronto, Ontario, Canada M5H 2N2 by 12 O’CLOCK NOON (LOCAL TIME) ON THE SPECIFIED CLOSING DATE.

Closing Date: March 8, 2017

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

DESCRIPTION BIDS ARE REQUESTED FOR:

INSTALLATION OF NEW RESIDENTIAL WATER AND SEWER CONNECTIONS AND ASSOCIATED WORKS WITHIN THE NORTH YORK DISTRICT (SOUTH 401)

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

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

the terms and conditions, specifications, plans, price schedules, samples, instructions, addenda or other details provided in connection therewith or referred to herein, the goods, material, articles, equipment, work or services,

specified or called for in this Tender Call, at the prices quoted herein, on receipt of an official purchase order therefore; and

(b) the Bidder warrants that any goods, material, articles or

equipment to be supplied under or pursuant to any official purchase order based on this Tender Call, that is or are to be made or used for a particular purpose, will be fit and suitable for that purpose.

Name of Bidder: Signature of Authorized Signing Officer:

Address:

Print Name:

Title:

Date:

Corporate Seal Telephone:

Fax Number:

Email:

Amount of Tender Call Herein (HST inclusive Total Amount of Tender Call from the Pricing Form): $

Site meeting to be held: N/A

I/WE ACKNOWLEDGE THE RECEIPT OF ADDENDUM TO DATED TO . THIS TENDER CALL COVER PAGE MUST BE COMPLETED, SIGNED, SEALED AND RECEIVED ON OR BEFORE THE

DATE AND TIME SPECIFIED, OR YOUR BID WILL NOT BE CONSIDERED.

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Tender Checklist for Bidders Tender Call No. 63-2017 Contract No. 17TW-DC-312OCS

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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 Addenda (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 in the form included

City Policies Submission form completed

Pricing Form(s) completed

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Please firmly affix this address 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. 63-2017 Contract No. 17TW-DC-312OCS Closing Date: 12:00 O’Clock Noon, March 8, 2017

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. 63-2017 Contract No. 17TW-DC-312OCS

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No. of Pages Page #

Section 1 – Tender Process Terms and Conditions

1. Definitions 1-1 2. Bidder’s Responsibility 1-2 3. Tender Submission Package 1-2 4. Bid Bond 1-3 5. Mandatory/Optional Site Meetings 1-3 6. Fair Wage Policy 1-3 7. Questions 1-4 8. Addenda 1-4 9. Omissions, Discrepancies and Interpretations 1-4 10. Incurred Costs 1-4 11. Limitation of Liability 1-4 12. Post-Submission Adjustments 1-4 13. Withdrawal of Bids 1-5 14. Irrevocability 1-5 15. No Collusion or Unethical Conduct 1-5 16. Prohibition against Gratuities 1-6 17. Acceptance of Bids 1-6 18. Non-compliant Bids 1-7 19. Execute Contract 1-9 20. Failure or Default of Bidder 1-9 21. Currency 1-9 22. Tied Bids 1-9 23. Mathematical Errors 1-9 24. Conflicts of Interest/Unfair Advantage 1-10 25. Ownership and Confidentiality of City-Provided Data 1-10 26. Ownership and Disclosure of Bid Documentation 1-10 27. Intellectual Property Rights 1-11 28. Governing Law 1-11 29. Quasi-Criminal/Criminal Activity of a Bidder/Proponent 1-11

Section 2 – Information for Bidders

1. General Information 2-1 2. Mandatory Site Meetings 2-2

Optional Site Meetings 2-2 3. Deadline for Questions 2-2 4. Fair Wage Schedule Information 2-2 5. City of Toronto - Invoice/Billing Requirements 2-3 6. Instructions for Section 3 Tender Submission Package 2-6

6.1 Mandatory Bid Submission Requirements 2-6 A. Tender Call Cover Page 2-6 B. Bid Bond 2-7 C. City Policies Submission Form 2-7 D. Pricing Form 2-7

6.2 Mandatory Submission Requirements Prior to Award 2-7

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A. Experience and Qualifications Form 2-7 B. Statutory Declaration Form for the Occupational

Health and Safety Act 2-9

C. List of Subcontractor Form 2-9 D. Corporate Profile Report 2-9

Section 3 – Tender Submission Package

1. Bid Bond 2 3-1 2. Statutory Declaration Form for Occupational Health and

Safety 3-3

3. City Policies Submission Form 1 3-4 4. Pricing Form 5 3-5 5. Experience and Qualifications Form 3 3-10

Section 4 – Scope of Work 4-1

1. Project 4-12. Project Location 4-13. Description of Work 4-14. Construction Phasing 4-15. Street Maps 4-16. List of Standard Specifications and Drawings 4-17. Technical Reports 4-28. Designated Substance List 4-29. Permits and Approvals 4-2

Section 4A – Special Specification – General 1. Construction Signs 4A-12. Hours of Work 4A-13. Use of Recycled Material in Aggregates 4A-24. Commencement and Completion Dates 4A-25. Contract Extension 4A-36. Existing Utilities 4A-37. C.V.O.R Registration 4A-48. School Areas 4A-49. Access to Site 4A-410. Dust and Mud Control 4A-511. Noise and Vibration Control 4A-512. Safe Cranes and Manlifts 4A-513. Stockpiling of Excavated Material 4A-614. Operation of Valves and Hydrants 4A-615. Restoration of Cuts 4A-616. Restoration Default 4A-817. Traffic Requirements 4A-6

Section 4B – Special Specification – Site Servicing 1. General 4B-12. Award Of Contract 4B-13. Issuance of Work 4B-1

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4. Site Investigation and Schedule Work 4B-15. Notification of Applicant and Affected Properties 4B-26. Test Holes 4B-27. Sewer Service Connection/Pipe Installation 4B-28. Sewer Service Connection Depth and Riser 4B-39. Sewer Service Disconnection/Termination 4B-410. Sewer Cleanout 4B-711. Water and Sewer Service Connection Trenches 4B-1012. Water Service Connections/Pipe Installation 4B-1013. Water Service Disconnection/Termination 4B-1114. Cathodic Protection For Copper Water Services And

Watermains 4B-1215. Disinfection Of Replaced Water Service Connections Smaller

Than 100mm In Diameter 4B-1216. Connecting to Services at Streetline 4B-1217. Dewatering 4B-1618. High Water Table Areas 19. Boring, Auguring, Tunnelling, And Hand Excavation 4B-1620. Backfilling 4B-1621. Compaction 4B-1722. Working Around Trees 4B-1723. Working Around Sewer And Watermain Trunks 4B-1724. Working After Hours 4B-1725. Working On Major Arterial Roads 4B-1726. Vacuum Excavation 4B-1827. Method Of Measurement & Payment 4B-1828. Contract Management 4B-19

Section 5 – General Conditions of Contract 62 5-1 Section 5A – Specific Conditions of Contract 15 5A-1

1. Specification Reference Numbers 5A-32. Emergency During Construction 5A-33. Workplace Safety And Insurance Act 5A-34. Occupational Health And Safety Act 5A-35. Organization of Work And Work Restrictions 5A-96. Other Contractors 5A-97. Contractor's Liability 5A-98. Layout 5A-109. Disposal of Surplus Excavated Material And Removals 5A-1010. Smog Alert Response Plans 5A-1011. Security 5A-1112. Material And Truck Weighing 5A-1213. Noise Regulations 5A-1214. Fair Wage and Labour Trades Policy 5A-1215. Liquidated Damages 5A-1316. Spills Reporting 5A-13

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17. Taxes 5A-1418. Stop Work And Delays 5A-1419. Subcontractor Holdback Release (Sgc 8) 5A-1420. Changes In Quantities or Work 5A-1521. Change Order Procedure 5A-1722. Provisional Items 5A-2223. Bonding Cost On Change Orders 5A-2324. Non-Resident Contractor (Sgc 4) 5A-2325. Communication 5A-2326. Standard Specifications & Standard Drawings 5A-2427. Construction Schedule 5A-2428. Time is of the Essence 5A-2529. Time for Completion 5A-2530. Force Majeure 5A-2631. Performance Evaluation 5A-2732. Payroll Burden Rate for Work on a Time and Material Basis 5A-2733. Insurance 5A-2834. Payment Certification 5A-39

Section 6 – Contract Execution Package 1. Form of Agreement 8 6-22. Performance Bond 2 6-93. Payment Bond 5 6-114. WSIB & Tax Statutory Declaration Form 1 6-165. Insurance Certificate 1 6-176. Declaration of Compliance with Anti-

Harassment/Discrimination Legislation & City Policy Form 1 6-187. Supplementary Statutory Declaration Form for Occupational

Health and Safety 6-19Section 7 – City Policies

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

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Section 1 – Tender Process Terms and Conditions Tender Call No. 63-2017 Contract No. 17TW-DC-312OCS

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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; “Conflict of Interest” includes, but is not limited to, any situation or circumstance where: a) in relation to the Tender Call process, the Bidder has an unfair advantage or

engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having access to information in the preparation of its Bid that is confidential to the City and not available to other Bidders; (ii) communicating with any person with a view to influencing preferred treatment in the Tender Call process including the giving of a benefit of any kind, by or on behalf of the Bidders to anyone employed by, or otherwise connected with, the City; or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the open and competitive Tender Call process and render that process non-competitive and unfair; or

b) in relation to the performance of its contractual obligations in the City contract, the

Contractor’s other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations;

“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;

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“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” 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; “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/purchasing/policies

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

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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.

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. Optional Site meetings If a mandatory site meeting is not required, interested Bidders may be invited to attend an optional site meeting as indicated on the Tender Call Cover Page to familiarize themselves with the project and ascertain the full extent of the work required. Any information available at the optional site meeting will be issued by an Addendum to the list of Bidders who purchased the Tender from the City.

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.

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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 per-son, 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.

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

12. Post-Submission Adjustments

No unilateral adjustments by Bidders to submitted Bids will be permitted.

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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.

13. Withdrawal of Bids

A) 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.

B) During Opening

Procedures for the withdrawal of Bids will be applied during the opening of Bids. Bidders are to have a representative in attendance at the Bid opening in the event Bids are to be withdrawn. Whoever signs to withdraw on behalf of a company shall produce an authority to sign under the corporate seal of the Company or signature of the owner.

Bids will be opened at the appointed time in a random or "Lottery" type order. The City of Toronto Purchasing and Materials Management Division representative present at the Public Opening will determine the order in which the Tender Calls are to be opened.

At the conclusion of reading out of Bids for each Tender Call, and before the opening of the Bids for the subsequent Tender Calls, the low Bidder for that Tender Call will have the opportunity to withdraw its remaining Bids.

Bids will be withdrawn by submission to the City of Toronto Purchasing and Materials Management Division of a properly completed "Contractor's Notice of Withdrawal" form which will be made available.

Bids withdrawn under this procedure will not be opened and cannot be reinstated.

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

15. No Collusion or Unethical Conduct 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. If the City discovers there has been a breach at any time, the City reserves the right to disqualify the Bid or terminate any ensuing contract.

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By submitting a Bid in response to this Tender Call, the Bidder certifies that: a) the prices in the Bid have been arrived at independently of those of any other

Bidder; b) the prices in the Bid have not been knowingly disclosed by the Bidder, and will not

knowingly be disclosed by the Bidder prior to the award, directly or indirectly, to any other Bidder or competitor; and

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

Bidders must not have common ownership, directors, or management, or any other affiliation, connection, association or attachment with each other that may be deemed to compromise the principle of competition. Bidders must disclose any arrangements with other Bidders (including but not limited to subcontracting) that may reasonably be deemed to compromise the principle of competition, at or prior to the Closing Deadline.

16. 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 arising 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 conferring 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 entered into, may terminate it without incurring any liability.

17. 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.

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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.

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 overstated 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.

18. 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.

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.

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IRREGULARITY ACTION 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.


Other Bid Security - Uncertified Cheques


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:

Uninitialed 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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19. 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 Form of Agreement;

obtain and furnish three or four (as requested by the City) original copies of a Performance Bond and a 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; complete the Declaration of Compliance with Anti-Harassment/Discrimination

Legislation & City Policy 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.

20. 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.

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

21. Currency

Unless otherwise stated herein, prices quoted are to be in Canadian dollars. 22. 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.

23. Mathematical Errors

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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.

24. Conflicts of Interest/Unfair Advantage

In its Bid, the Bidder must disclose to the City any potential conflict of interest that might compromise the performance of the work or which might reasonably compromise or provide the Bidder an unfair advantage in the bidding process. 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 Bidder for this project may participate in subsequent/other City projects provided the 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 Bidder.

25. 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.

26. 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.

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Each Bidder’s name and total bid 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.

27. 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.

28. 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.

29. 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 convicted of an offence under the Criminal Code, an offence under other applicable Requirements of Law, or an offence pursuant to similar laws outside of Ontario, or has been named in an order or similar enforcement measure by a regulatory authority;

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

and

3. determines that, in light of this charge or conviction, awarding the Bidder could compromise the delivery of the deliverables or would otherwise undermine the business reputation of the City of the public's confidence in the integrity of the call process.

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Section 2 – Information for Bidders Tender Call No. 63-2017 Contract No. 17TW-DC-312OCS

V 5.14 – 2016.07.20 Page 2-1

1. General Information

Section 1 – Tender Process Terms and Conditions sets out the terms and 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 and 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 specifications that must be abided by for the Tender Call and any related drawings to understanding the work required. Bidders should review this section in detail to fully understand what the Bidder is bidding on.

Section 5 – General Conditions of Contract contain the City of Toronto’s general conditions of Contract that set out the responsibilities of the Contractor and the City. This forms part of the Contract that will be awarded to the lowest compliant Bidder. The Bidder should review these terms 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 contains examples of the Contract, Performance/Payment Bonds, Insurance Certificate and various Statutory Declarations that will be completed by the winning Bidder after the award and notification by the City is made. 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/purchasing/policies. 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]

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2. Mandatory Site Meeting

Not Required

Optional Site Meeting

Not Required

3. Deadline for Questions

All questions concerning this Tender Call should be directed 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) working days before closing time and date.

4. Fair Wage Schedule Information

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

Sewer and Water Main Construction

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

http://www.toronto.ca/fairwage

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

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

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5. City of Toronto - Invoice/Billing Requirements To assist in prompt payment, it is essential that all required billing information is provided on the invoice submitted to the City of Toronto. If billing information is missing from an invoice it will result in a payment delays. It is the vendor's responsibility to submit accurate invoices for goods /services delivered to the City of Toronto divisions. If an inaccurate invoice (ie: but not limited to, pricing, quantity or services provided) is submitted, the vendor will be requested to issue a credit note and submit a new invoice. If the invoice in question offered an early payment discount, the re-issue date of the new invoice will be used to calculate the early payment discount terms. 5.1 Standard Invoices: 1) Original hardcopy vendor invoices must be addressed and sent DIRECTLY to: City of Toronto Accounting Services Division Corporate Accounts Payable 55 John Street 14th Floor, Metro Hall Toronto, ON M5V 3C6; or 2). Electronic Invoices To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email to [email protected] . Electronic invoices submitted must be in a PDF format with either single or multiple invoice(s) per attachment. Note: Do not send statements or past due invoices to this email address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted an electronic invoice. If you have any questions regarding this process, please contact AP Customer Service at 416-397-5235 and follow the prompts. 3) Invoice/s submitted to the City of Toronto must have complete ship to information including:

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

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

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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. 5.2 Construction Contracts & Consultant Assignments related to Capital Projects – With

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

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

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

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

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

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

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

XI. Total Invoice Amount; Including all taxes 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*)

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5.3 Billing Requirements 1) Original 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) Invoice/s submitted to the City of Toronto must have complete ship to information including:

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

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

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

Invoices that do not contain the required billing information may be returned without payment to the vendor for correction. 3) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts Payable. These invoices are considered paid. 4) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to the ordering Division for goods/services delivered. 5) Vendors are to provide backup documentation directly to the ordering Division, not Corporate Accounts Payable. 5.4 Contract Release Order for Contract Purchases A request for delivery in the form of a Contract Release Order (CRO) will be issued for each purchase against a contract. All invoices submitted for payment of contract goods/services must contain:

I. Blanket Contract Number II. Contract Release Order Number (CRO)

Under no circumstances are Contract Release Orders to be filled for commodities or services that are not included on a Contract. The total value estimated on a Contract including all charges, excluding any applicable taxes, is not to be exceeded without authorization.

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A Contract shall not be valid once the specified period has elapsed unless an extension has been requested by the City. The City, in its sole discretion, has the right to terminate a contract prior to the expiration of the term without cause or penalty, provided the Total Value Estimated as specified on the Contract Order has been reached. 5.5 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. 5.6 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. 5.7 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.

6. Instructions for Section 3 - Tender Submission Package

6.1 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 all information as requested in ink. Remember to have the cover signed and sealed by an authorized signing officer, if a corporation. If not a corporation, 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 $500,000.00 to provide a Performance Bond and a Labour and Material Bond for the due and proper performance of the Work, each in the amount of 50% of the Contract amount including an extended 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 contains three statements from different City of Toronto Policies. The complete text of these policies can be found on the City’s website (http://www.toronto.ca/purchasing/policies). The Bidder shall answer 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. In the event of any discrepancy between the information provided on the Tender Call Cover Page and the amount set out in the Pricing Form, the Pricing Form shall govern. In the event of any discrepancy between the total price and the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

6.2 Mandatory Submission Requirements Prior to Award

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 a minimum value of $3,500,000.00 Canadian dollars

(excluding taxes) of work annually within a three (3) year period working directly for a

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municipality whereby the Vendor has carried out water and sewer related mainline/site servicing around existing utilities within a public right-of-way by open cut excavation. Reference projects must demonstrate the Vendors ability to carry the volume, seasonal peak period and scattered work locations through the Toronto District defined under this contract.

In order to prove they have the required experience, the Bidder must complete and submit the Experience and Qualifications Form as contained in Section 3, Tender Submission 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 Sub-Contractors for each project.

In providing this information, the Bidder gives the City and the Consultant consent to contact these individuals to confirm the information. Failure to provide the required information listed on the Experience and Qualifications Form shall render the Bid non-compliant. If required, the City will make its own arrangements in contacting the references. If, at the City’s sole discretion, the references do not confirm the Bidder’s ability to undertake the Work associated with the requirements stated in this Tender Call, the Bid will be declared 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 (including the City's Agencies, Boards, Commissions and Corporations).

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;

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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 Subcontractors Form

Upon request, the Bidder will be required to provide a list of Subcontractors and associated work types to the City for its review and approval prior to award. Bidders must not include companies under suspension by the City on their list of Subcontractors. Where union affiliation is required pursuant to the City’s “Labour Trades Contractual Obligations in the Construction Industry” (more particularly described in the document attached to the Applicable City Policies section) for the Work or any part thereof, the Contractor (and any Subcontractor performing any part of such Work) must be affiliated with the applicable collective bargaining agency and the Bidder shall submit proof of such affiliation of the Contractor prior to an award of contract.

The Contractor will not be permitted to change any named Subcontractor without the written approval of the Contract Administrator. Any request for changing a named Subcontractor must be submitted in writing. The Contractor 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 commencement of the Work or in the performance of the Work or in the Contractor’s performance of its obligations under the Contract related to or arising from the City’s consideration of the Contractor’s request for a Subcontractor change shall be solely borne by the Contractor.

D. Corporate Profile Report Upon request, the Contractor will be required to provide a copy of the Contractor's and/or any of the Contractor'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 Contractor to provide a copy of the Corporate Profile Report or equivalent official record for all of the Contractor'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

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confirm the accuracy of the information contained in the Corporate Profile Report, and to require additional information from the contractor 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 contractor, 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. 63-2017 Contract No. 17TW-DC-312OCS

V 5.14 – 2016.07.20 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 firmly bound unto the City of Toronto, hereinafter called the "City", each, in the penal sum of

$500,000.00

of lawful money of Canada, to be paid to the City or to its successors or assigns 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, successors and assigns and every of them 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. 63-2017 CONTRACT NO. 17TW-DC-312OCS

and the said Tender provides that it is to continue open to acceptance and to be irrevocable until the formal contract is executed by the successful Bidder.

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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 conditions of said Tender within 90 days from the closing date of the Tender, the said Principal shall, within the time required, enter into 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 unto the City the difference in money between the 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 such default or failure, including the cost 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 liability of the Surety, any law or usage relating 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 for Occupational Health and Safety


PMMD Construction - V 1.0 – May 20, 2011 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.

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.

Standard

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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 as required by the OHSA and all regulations thereunder, including those with respect to the workplace hazardous materials information system, industrial establishments, construction projects and designated substances.

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

c) The Bidder designates ***____________________________, a representative of the Contractor 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.

d) In the case where "HAVE NOT YET" has been indicated in either or both of (a) or (b), the Bidder undertakes to provide to the Contract Administrator of the respective division a "Supplementary Statutory Declaration of Bidder" 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 Contract Administrator, 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. 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.

5. 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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Section 3 – Tender Submission Package City Policies Submission Form


V 5.14 – 2016.07.20 Page 3-6

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/proponent 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

Bidders are to state the name(s) of any former 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


V 5.14 – 2016.07.20 Page 3-7

The Bidder must provide the rate and the amount for each Tender item, the total for each part / subsection, the grand total, HST amount and the total amount of Tender on the forms in the ensuing pages. 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 non-compliant. Prices that are intended to be zero cost/no charge to the city are to be submitted in the space provided in the price schedule as "$0.00" or "zero".

All spaces for the aforementioned information must be completed in ink ensuring the printing is clear and legible.

Where included, the Alternative Prices, and Supplementary List of Prices Required for Extra Work Forms must also be completed.

The total amount of the bid is the sum of all unit price extensions, including any lump sum and allowance items. The quantities in this Price Form are estimated and may vary. The Unit Prices and actual quantities will form the basis of the Contract Price, subject to the City's reserved rights not to award to any Bidder.

The lowest Bidder will be determined solely from the Total Base Bid, subject to the City's reserved rights not to award to any Bidder.

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Item Unit Unit Price

Page 3 -

Total For Part B Sewer Service Terminate/DisconnectPart C Water Service Installation and Associated Works

Jan 25, 2017 1

$___________

9 4B-9 Additional mobilization cost over items 7 or 8 for disconnection/termination at a different time

10.00 each $_________ $___________

8 4B-9 Terminate/disconnect existing sewer service connections at the sewer main at the same time as the service installation work in a separate excavation over 4.50 up to 6.00 m deep

10.00 each $_________

$___________

7 4B-9 Terminate/disconnect existing sewer service connections at the sewer main at the same time as the service installation work in a separate excavation up to and including 4.5 m in depth

250.00 each $_________ $___________

6 4B-9 Terminate/disconnect existing sewer services connections at the sewer main at the same time as the service installation work within the new sewer service installation excavation

150.00 each $_________

$___________

Total For Part A Sewer Service Installation and Associated WorksPart B Sewer Service Terminate/Disconnect

5 4B-9 Carry out CCTV inspection and cleaning of main sewer; necessary dye tracing to locate sewer connection to be disconnected/terminated

470.00 each $_________ $___________

4 4B-16 Connect new sewer service connection to existing private plumbing at streetline

100.00 each $_________

$_________ $___________

3 OPSS 1820 / OPSS 410 / TS 514/ 4B-7 / 4B-10

T 708.01-2/ T 708.01-5 / T 708.01-6

Supply and install sewer service clean-out

470.00 each $_________ $___________

2 4B-8 T 1006.01-1 / T 708.01 / T

Supply and Install risers where the depth of the main sewer is 4.5 m to 6.0 m

50.00 m

Part A Sewer Service Installation and Associated Works

1 OPSS 410/ 4B-7 / 4B-8 / 4B-11

T 1006.01-1 / T 708.01-5 / T 708.01-6

Supply and install 150 mm dia. PVC sanitary (DR 28) sewer connection including riser - up to and including 4.5m in depth

4,500.00 m $_________ $___________

SECTION 3 - TENDER SUBMISSION PACKAGE PRICING FORM

Tender Call No. 63-2017 Contract No. 17TW-DC-312OCS(2017)

Adden-dum

Standard/ Special

Specification

Standard/ Special Drawing

Description Estimated Quantity

Total Per Item

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Page 3 - Jan 25, 2017 2

$___________

19 4B-13 Additional cost over item 17 or 18 to disconnect water service requiring watermain shut

10.00 each $_________ $___________

18 4B-13 Terminate/disconnect existing water service pipes at the watermain for water services up to and including 50 mm diameter in separate excavation

275.00 each $_________

Total For Part C Water Service Installation and Associated WorksPart D Water Service Terminate/Disconnect

17 4B-13 Terminate/disconnect existing water service pipes at the watermain for water services up to and including 50 mm diameter within new service excavation

150.00 each $_________ $___________

$_________ $___________

16 4B-16 Connect new water service connection to existing private plumbing at streetline

100.00 each $_________ $___________

15 4B-11 / 4B-12 T-1104.01 Install new 25 mm copper water service connecting to existing watermain under pressure in common trench with other sewer service line, to a minimum depth of 1.80 m, including any widening of the trench as per Typical service installation detail(s)

2,500.00 m

$_________ $___________

14 4B-11 / 4B-12 T-1104.01 Install new 19 mm copper water service connecting to existing watermain under pressure in common trench with other sewer service line, to a minimum depth of 1.80 m, including any widening of the trench as per Typical service installation detail(s)

250.00 m $_________ $___________

13 4B-11 / 4B-12 T-1104.01 Install new 25 mm copper water service over 8.0 m connecting to existing watermain under pressure, to a minimum depth of 1.80 m

500.00 m

$_________ $___________

12 4B-11 / 4B-12 T-1104.01 Install new 25 mm copper water service up to 8.0 m connecting to existing watermain under pressure, to a minimum depth of 1.80 m

1,000.00 m $_________ $___________

11 4B-11/ 4B-12 T-1104.01 Install new 19 mm copper water service over 8.0 m connecting to existing watermain under pressure, to a minimum depth of 1.80 m

100.00 m

10 4B-11/ 4B-12 T-1104.01 Install new 19 mm copper water service up to 8.0 m connecting to existing watermain under pressure, to a minimum depth of 1.80 m

100.00 m $_________ $___________

Adden-dum

Standard/ Special

Specification



Total Per Item



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Page 3 - Jan 25, 2017 3

$4,000.00

31 4A-15 / 4B-18 / 4B-19

50 mm H.L. 3 - for walkways, sidewalks & driveways

700.00 m2 $53.00 $37,100.00

30 4A-15 / 4B-18 / 4B-19

Permanent Restoration - Remove & reinstate interlocking bricks in driveways, sidewalks, and boulevards to original condition or better

50.00 m2 $80.00

$480,000.00

29 TS 5.00/ 4A-15 / 4B-18 / 4B-19

Supply and place 100 mm topsoil and No. 1 nursery sod, unstaked

600.00 m2 $35.00 $21,000.00

28 TS 13.10/ 4A-15 / 4B-18 / 4B-19

Supply and place unshrinkable fill for trench backfilling and other void filling applications

4,800.00 m3 $100.00

Total For Part E Additional ItemsPart F Backfill and Restoration

27 TS 1010/ 4A-15 / 4B-17 / 4B-18

Supply and place compacted Granular B for trench backfilling and other bedding applications

100.00 t $20.00 $2,000.00

$9,000.00

24

26 4B-25 Additional cost to carry out work in areas of high water table, as designated by Contract Administrator (Provisional)

50.00 m $_________ $___________

25 TS 1.00/ 4B-15

Supply Police Officer for Traffic Control, rate to include police administration fee

100.00 hr $90.00

TS 701/ 4B-16 T 1104.01 / T 1106.03 / T 1106.06 / T 708.01-4

Additional cost for installing services in tunnel

50.00 m

$___________

$50,000.00

$2,500.00 $125,000.00

23 4B-16 Additional cost to unit rates for installing service connections by boring or augering methods, by hand or mechanical means when ordered by the General Manager

100.00 m $500.00

22 TS 1010 Construct test pits to determine location and depth of utilities (Provisional)

30.00 each $_________

Total For Part D Water Service Terminate/DisconnectPart E Additional Items

21 TS 701/ 4B-21 Additional cost over and above sewer service and water service items to carry out work on Major Arterial Roads due to additional traffic requirements/restrictions

100.00 m $_________ $___________

Total Per Item

20 4B-13 Additional mobilization cost over and above 18 to terminate/disconnect at a later date at direction of General Manager (Provisional)

10.00 each $_________ $___________



Adden-dum

Standard/ Special

Specification



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Page 3 -

Total Amount of Tender Call = $X + $Y

Please indicate this amount on the Tender Call Cover Page next to "Amount of Tender Call Herein ".

Company GST/HST Registration number:

Jan 25, 2017 4

Part D Water Service Terminate/Disconnect

Part E Additional Items

Part F Backfill and Restoration

Part G Contingency

Total Bid Price = $X

33

HST Amount (13%) = $Y

Total For Part G Contingency

Summary of Tender Total

Part A Sewer Service Installation and Associated Works

Part B Sewer Service Terminate/Disconnect

Part C Water Service Installation and Associated Works

Total For Part F Backfill and RestorationPart G Contingency

34 Contingency Allowance 300,000.00 PS $1.00 $300,000.00

4A-15 / 4B-18 / 4B-19

100 mm H.L. 8 in two layers - for arterial & collector roads

150.00 m2 $60.00 $9,000.00

Total Per Item

32 4A-15 / 4B-18 / 4B-19

75 mm H.L. 8 - for local roads 2,650.00 m2 $53.00 $140,450.00



Adden-dum

Standard/ Special

Specification



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Section 4 – Scope of Work Tender Call No.: 63-2017 Contract No.: 17TW-DC-312OCS

V 5.14 – 2016.07.20 Page 3-1

The Bidder must provide reference projects for the purpose of confirming the Bidder's experience and track record of success as per Section 2, Item 6.2 A. Failure to provide verifiable experience will result in the bid being declared non-compliant. Bidders may attach a separate sheet if more space is required in the following format: Year 1 List the Contracts within the year

Project -1 Title

Year

Scope of Work

Project Value

Owner Contact

Consultant Contact

Was Work Performed by the same Legal Entity as the Bidder (Yes/No). If no State name of the affiliated/related Entity that performed the work

If Work Performed by Legal Entity other than the Bidder state relationship to the Entity Listed

Project -2 Title

Year

Scope of Work

Project Value

Owner Contact

Consultant Contact

Was Work Performed by the same Legal Entity as the Bidder (Yes/No). If no State name of the affiliated/related Entity that performed the work

If Work Performed by Legal Entity other than the Bidder state relationship to the Entity Listed

Pr