Tender 267-2015 Headerwx.toronto.ca/inter/pmmd/callawards.nsf/8f833e980fde75cf85257a77004a025b...D. Corporate Profile Report 2-8 E. Itemized Prices 2-9 Section 3 – Tender Submission

Table of Contents Tender Call No. 267-2015 Contract No. N/A

PMMD V 5.11b – February 9, 2015

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Section 1 – Tender Process Terms and Conditions 10

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

Section 2 – Information for Bidders 6

1. General Information 2-1 2. Mandatory 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 2-5

6.1 Mandatory Bid Submission Requirements 2-5 A. Tender Call Cover Page 2-5 B. Bid Bond 2-5 C. City Policies Submission Form 2-6 D. Pricing Form 2-6

6.2 Mandatory Submission Requirements Prior to Award 2-6

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Table of Contents Tender Call No. 267-2015 Contract No. N/A


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A. Experience and Qualifications Form 2-6 B. Statutory Declaration 2-7 C. List of Subcontractor Form 2-8 D. Corporate Profile Report 2-8 E. Itemized Prices 2-9

Section 3 – Tender Submission Package

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

Safety 6 3-3

3. City Policies Submission Form 1 3-6 4. Pricing Form 11 3-7 5. Experience and Qualifications Form 2 3-19

Section 4 – Scope of Work 3 4-1

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

29

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

Section 6 – Contract Execution Package 6-1

1. CCDC 2-2008 Stipulated Price Contract 1 6-2 2. CCDC 221-2002 Performance Bond 1 6-3 3. CCDC 222-2002 Labour & Material Payment Bond 1 6-4 4. WSIB & Tax Statutory Declaration Form 1 6-5 5. Insurance Certificate 3 6-6 6. Declaration of Compliance with Anti-

Harassment/Discrimination Legislation & City Policy Form 1 6-8

7. Supplementary Statutory Declaration Form for Occupational Health and Safety

7 6-9

Section 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

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

City of Toronto Management Employees for City Contracts 2

7. Toronto Licensing Requirements 1 8. Environmentally Responsible Procurement Statement 1 9. Contractor Performance Evaluation 1 10. Notice of "No Bid" Form 1

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Section 1 – Tender Process Terms and Conditions Tender Call No. 267-2015 Contract No. N/A

PMMD V 5.11b – February 9, 2015 Page 1-1

1. Definitions

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

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

2. Bidder’s Responsibility

It shall be the responsibility of each Bidder:

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

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

documents, appendices, forms and addenda;

c) to become familiar and comply with all of the terms and conditions contained in this Tender Call and the City’s Policies and Legislation set out on the City of Toronto website at: http://www.toronto.ca/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 Form total shall govern. For Unit Price Tenders, where any discrepancy exists between the total price and the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

4. Bid Bond

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

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5. Site Meetings

Mandatory Site Meetings

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

7. Questions

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

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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. Post-Submission Adjustments

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

12. Withdrawal of Bids

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.

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13. Irrevocability

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

14. No Collusion

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

15. Prohibition against Gratuities

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

16. Acceptance of Bids

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

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

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

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

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

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

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

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

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

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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.

17. Non-Compliant Bids

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

IRREGULARITY ACTION

Late Response Automatic rejection and not read publicly.

Unsealed Envelopes Automatic rejection

Insufficient Financial Security (No deposit

or Bid Bond or insufficient deposit or Bid Bond).

Automatic rejection

Response not completed in non-erasable

medium and signed in ink

Automatic rejection

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

Qualified Response (qualified or restricted

by an attached statement unless allowed for).

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

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IRREGULARITY ACTION

Response received on documents other than those provided by the City

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

Execution of Bid Bonds (Financial Security)

Corporate seal or signature of the bidder missing.

Two (2) business days to correct

Both corporate seal and signature of the bidder missing.

Automatic rejection.

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

Automatic rejection.

Other Bid Security - Uncertified Cheques Automatic rejection.

Documents – Execution:

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

Corporate seal and signature missing Automatic rejection

Erasures, Overwriting or Strike-Outs which

are not Initialed:

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

Two (2) business days to initial.

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

Two (2) business days to initial

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

Automatic Rejection

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

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18. Execute Contract

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

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

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

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

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

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

19. Failure or Default of Bidder

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

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

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

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

20. Currency

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

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

22. Mathematical Errors

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

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23. Conflicts of Interest

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

24. Ownership and Confidentiality of City-Provided Data

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

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

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

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

25. Ownership and Disclosure of Bid Documentation

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

a) shall become the property of the City;

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

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26. Intellectual Property Rights

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

27. Governing Law

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

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

The City may reject a Bid or Bidder if the City:

1. confirms that the Bidder or any individual that owns, directs, or controls the Bidder has been charged with or convicted of an offence under the Criminal Code, an offence as defined in the Provincial Offences Act, or an offence pursuant to similar laws outside of Ontario;

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

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

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Section 2 – Information for Bidders Tender Call No. 267-2015 Contract No. N/A


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 contains the CCDC-2 – 2008, Stipulated Price Contract and the City of Toronto’s Supplementary General Conditions to the CCDC-2 -2008, Stipulated Price Contract. The Bidder should review these terms, along with any Specific Conditions of Contract that may be included as Section 5A, to understand the Contract being entered into with the City.

Section 5A – Specific Conditions of Contract, if included, contains additional terms for the Contract that supersedes or adds to the General Conditions of Contract. The Bidder should review these terms to understand the Contract being entered into with the City.

Section 6 – Contract Execution Package will contain: (i) the CCDC-2 – 2008, Stipulated Price Contract (CCDC -2 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase from authorized document outlets listed on the following Web site: http://www.ccdc.org/WhereToBuy/WhereToBuy.html; (ii) the CCDC 221-2002 Performance Bond and the CCDC 222-2002 Labour and Material Bond (both of these bonds must be obtained by the Successful Bidder and are available for purchase from authorized document outlets listed on the following Web site: http://www.ccdc.org/WhereToBuy/WhereToBuy.html or a surety company); (iii) the City's form of Insurance Certificate; (iv) the WSIB & Tax Statutory Declaration; and (v) if applicable, a Supplementary Statutory Declaration for Occupational Health and Safety/Asbestos. These forms do not have to be submitted for the Bid to be valid. Please see Section 1, article 18 for additional information on the execution of the Contract.

Section 7 – City Policies contains specific policies related to the Tender Call. It is the responsibility of the Bidder to review all of the City Policies located in Section 7 and as found on the City’s website at www.toronto.ca/purchasing/policies. Commencing October 1, 2013 all Tender Call documents contain a copy of the Contractor

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Performance Evaluation Form in Section 7. The Form helps to summarize and quantify performance. It provides guidance to City staff on creating and maintaining an evaluative record of a Contractor's performance on City projects for the purpose of Contract management and future purchasing decisions. If you have any questions about this process, please do not hesitate to forward your questions via email to [email protected]

2. Mandatory Site Meeting

A Mandatory Site Meeting Will Take Place On August 19, 2015 At 9:00 A.M. Local Time On Site. Meet With The City Representative At The Vacant Security Desk Located At The Front Entrance Of The Building At Metro Hall, 55 John Street, Toronto. Site meetings will not be available at any other times. 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. Bidders submitting Bids that do not attend the Mandatory Site Meeting SHALL be declared non-compliant.

Drawings and Specifications Drawings and Specifications for this Tender document are available on CD format. Bidders can obtain a copy of the CD from the Tender Office of the Purchasing and Materials Management Division, 19th Floor, West Tower, Toronto City Hall, 100 Queen Street West. Bidders who purchased the document online must provide proof of purchase of the Tender Call document in order to obtain a copy of the CD.

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:

“INDUSTRIAL/COMMERCIAL/INSTITUTIONAL WORK (I.C.I.)”

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 delay and the invoice may be returned to you without payment. It is the vendor's responsibility to submit correct invoices for payment of goods /services delivered to the City of Toronto divisions. If an incorrect invoice 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 Exceptions The standard invoice billing requirement must be followed with the exception of vendor invoices related to an approved capital project subject to construction lien holdbacks only. Billing requirement direction will be provided by the contract custodian or city divisional designate. 5.2 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 one invoice 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. 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:

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

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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. 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.

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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.

B. Bid Bond

Every Bidder shall submit with their Bid a Bid Bond in the amount of 10% of the quoted bid 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.

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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: The work to be carried out under this tender is only for companies that employ certified Backflow Prevention (BFP) device testers, installers and survey specialists. Documents verifying certification of Backflow Prevention (BFP) device testers, installers and survey specialists should be provided with the Bid submission by the closing date and time. Should the Bidder not provide this information with their Bid submission, the Bidder shall provide this information within five (5) business days upon written request from the City.

Failure of the Bidder to provide any/all of the information requested by the deadline provided will result in their bid being declared non-compliant.

Failure of the Bidder to provide any/all information that meet(s) the requirements of this Section by the deadline provided will result in their bid being declared non-compliant.

1. must have completed (including testing and commissioning), and must have

achieved Substantial Performance as defined in the Construction Lien Act for at least two (2) similar projects in the past ten (10) years as a contractor involving certified Backflow Prevention (BFP) device testers, installers and survey specialists for new

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or upgraded facilities having a minimum dollar value of $200,000.00 Canadian Dollars each (excluding taxes).

In order to prove they have the required experience, the Bidder must complete and submit the Experience and 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

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.

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

E. Itemized Prices Where included, the Itemized Prices Form must be completed and submitted when requested.

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Section 3 – Tender Submission Package Bid Bond

Tender Call No. 267-2015 Contract No. N/A


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

10% of Quoted Bid

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. 267-2015 CONTRACT NO. N/A

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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Section 3 – Tender Submission Package Bid Bond



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 with Asbestos Awareness Training


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 PACKAGE.

I/we

of the city / town / village of

in the province of do solemnly declare as follows:

IF AN INDIVIDUAL STRIKE OUT "OF"

1. I am (If an incorporated Company, state "President", “Secretary”, or as the case may be) of

(State Firm Name)

the Bidder herein.

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

I am the Bidder herein and I carry on business at

under the name of and (State Firm Name)

there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THE FOLLOWING PARAGRAPH

We are the Bidders herein and we carry on business at

in partnership,


we are the only members of such partnership.

Working Near Asbestos

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Commissioner, etc.

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APPENDIX “A”

“ASBESTOS AWARENESS TRAINING” history of asbestos and asbestos-containing materials how to identify asbestos the hazards of asbestos exposure methods of controlling asbestos hazards the use, care and disposal of protective equipment and clothing to be used and worn

when doing the work use and maintenance of respiratory protective equipment (RPE) personal hygiene to be observed when doing the work Ontario legislation regarding asbestos the measures and procedures prescribed by the Occupational Health and Safety Act and

Ontario Regulation 278/05 regarding asbestos overview of Type 1, Type 2 and Type 3 abatement methods and procedures Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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APPENDIX “B”

“ASBESTOS MANAGEMENT TRAINING” Occupational Health and Safety Act and Regulations and Ontario Regulation 278/05

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

enclosure, removal Asbestos Waste Disposal Environmental Protection Act

Ontario Regulation 347 Packaging Waste Transporting Asbestos Legislation Requirements General Respirator Limitations Types of Respirators Parts of a Respirator Visual Inspection

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Fit Checks Particulate Filters General Guidelines for Abatement Activities Classifying Activities Work Procedures – Type 1, Type 2 and Type 3 abatement methods and procedures Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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Section 3 – Tender Submission Package City Policies Submission Form



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

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

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



PRICING FORM – BASE BID Installation of Backflow Preventers (Phase 4) at 36 Various Sites throughout the City of Toronto. 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 lowest Bidder will be determined solely from the Total Base Bid, subject to the City's reserved rights not to award to any Bidder.

All Bidders must complete in its entirety and submit the enclosed Pricing Form pages with your bid submission by the closing time and date. Failure to do so SHALL result in the Bid being rejected as non-compliant.

NAME OF CONTRACTOR: _________________________________________________________ The following itemized prices shall be INCLUDED in the Tender Bid Price, Harmonized Sale tax (H.S.T.) excluded. These items do not necessarily represent all of the work specified in this Tender. A) WORK SPECIFIED IN THE TENDER – BID PRICE

It is agreed and understood that the following prices will apply to the applicable work specified in the specification. The following Stipulated Prices include all supervision, labour, material, supply, profit and fees, (Exclusive of HST).

LUMP SUM COST BREAKDOWN The following itemized Lump Sum Prices are for the items contained in this schedule and shall be INCLUDED in the Quoted Bid Price (Exclusive of HST). These items do not necessarily represent all of the work specified in this tender. Refer to the Specifications and Drawings for Full Description of Items. The City reserves the right to select none of these items or any items at the time of award of this Tender.

Continued on next page…

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Item No Description Estimated Quantity

/Unit

Cost per Unit

Cost for Item

1.0

Provide new Backflow Preventer and Thermal Expansion Tank at 44 Beechwood Drive

Lump Sum N/A $______________

2.0 Provide freezing of piping to permit installation of new backflow preventer at 44 Beechwood Drive

Lump Sum N/A $______________

3.0 Contingency for work at 44 Beechwood Drive

Lump Sum N/A $ 3,000.00

4.0

Provide new Backflow Preventer and Thermal Expansion Tank at 70 Birmingham St

Lump Sum N/A $______________

5.0 Provide freezing of piping to permit installation of new backflow preventer at 70 Birmingham St

Lump Sum N/A $______________

6.0 Contingency for work at 70 Birmingham St

Lump Sum N/A $ 5,000.00

7.0 Provide new Backflow Preventer and Thermal Expansion Tank at 2126 Kipling Ave.

Lump Sum N/A $______________

8.0 Provide freezing of piping to permit installation of new backflow preventer at 2126 Kipling Ave.

Lump Sum N/A $______________

9.0 Contingency for work at 2126 Kipling Ave.

Lump Sum N/A $ 3,000.00

10.0 Provide new Backflow Preventer and Thermal Expansion Tank at 5230 Finch Ave W

Lump Sum N/A $______________

11.0 Provide freezing of piping to permit installation of new backflow preventer at 5230 Finch Ave W

Lump Sum N/A $______________

12.0 Contingency for work at 5230 Finch Ave W

Lump Sum N/A $ 5,000.00

13.0 Provide new Backflow Preventer and Thermal Expansion Tank at 2 Dyas Rd

Lump Sum N/A $______________

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/Unit

Cost per Unit

Cost for Item

14.0 Provide freezing of piping to permit installation of new backflow preventer at 2 Dyas Rd

Lump Sum N/A $______________

15.0 Contingency for work at 2 Dyas Rd

Lump Sum N/A $ 3,000.00

16.0 Provide new Backflow Preventer and Thermal Expansion Tank at 18 Cranfield Rd

Lump Sum N/A $______________

17.0 Provide freezing of piping to permit installation of new backflow preventer at 18 Cranfield Rd

Lump Sum N/A $______________

18.0 Contingency for work at 18 Cranfield Rd

Lump Sum N/A $ 3,000.00

19.0 Provide new Backflow Preventer and Thermal Expansion Tank at 30 Ellerslie Ave

Lump Sum N/A $______________

20.0 Provide freezing of piping to permit installation of new backflow preventer at 30 Ellerslie Ave

Lump Sum N/A $______________

21.0 Contingency for work at 30 Ellerslie Ave

Lump Sum N/A $ 5,000.00

22.0 Provide new Backflow Preventer and Thermal Expansion Tank at 40 Norfinch Dr.

Lump Sum N/A $

23.0 Provide freezing of piping to permit installation of new backflow preventer at 40 Norfinch Dr.

Lump Sum N/A $______________

24.0 Contingency for work at 40 Norfinch Dr.

Lump Sum N/A $ 3,000.00

25.0 Provide new Backflow Preventer and Thermal Expansion Tank at 41 Cranfield Rd

Lump Sum N/A $

26.0 Provide freezing of piping to permit installation of new backflow preventer at 41 Cranfield Rd

Lump Sum N/A $______________

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/Unit

Cost per Unit

Cost for Item

27.0 Contingency for work at 41 Cranfield Rd

Lump Sum N/A $ 5,000.00

28.0 Provide new Backflow Preventer and Thermal Expansion Tank at 50 Upjohn Rd

Lump Sum N/A $______________

29.0 Provide freezing of piping to permit installation of new backflow preventer at 50 Upjohn Rd

Lump Sum N/A $______________

30.0 Contingency for work at 50 Upjohn Rd

Lump Sum N/A $ 3,000.00

31.0 Provide new Backflow Preventer and Thermal Expansion Tank at 75 Eglinton Ave W

Lump Sum N/A $______________

32.0 Provide freezing of piping to permit installation of new backflow preventer at 75 Eglinton Ave W

Lump Sum N/A $______________

33.0 Contingency for work at 75 Eglinton Ave W

Lump Sum N/A $ 3,000.00

34.0 Provide new Backflow Preventer and Thermal Expansion Tank at 101 Coxwell Ave

Lump Sum N/A $______________

35.0 Provide freezing of piping to permit installation of new backflow preventer at 101 Coxwell Ave

Lump Sum N/A $______________

36.0 Contingency for work at 101 Coxwell Ave

Lump Sum N/A $ 3,000.00

37.0 Provide new Backflow Preventer and Thermal Expansion Tank at 200 Tretheway Dr

Lump Sum N/A $______________

38.0 Provide freezing of piping to permit installation of new backflow preventer at 200 Tretheway Dr

Lump Sum N/A $______________

39.0 Contingency for work at 200 Tretheway Dr

Lump Sum N/A $ 3,000.00

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/Unit

Cost per Unit

Cost for Item

40.0 Provide new Backflow Preventer and Thermal Expansion Tank at 225 Humber Bay Park Rd

Lump Sum N/A $______________

41.0

Provide freezing of piping to permit installation of new backflow preventer at 225 Humber Bay Park Rd

Lump Sum N/A $______________

42.0 Contingency for work at 225 Humber Bay Park Rd

Lump Sum N/A $ 3,000.00

43.0 Provide new Backflow Preventer and Thermal Expansion Tank at 242 Milner Ave

Lump Sum N/A $______________

44.0 Provide freezing of piping to permit installation of new backflow preventer at 242 Milner Ave

Lump Sum N/A $______________

45.0 Contingency for work at 242 Milner Ave

Lump Sum N/A $ 5,000.00

46.0 Provide new Backflow Preventer and Thermal Expansion Tank at 300 Lesmill Rd

Lump Sum N/A $______________

47.0 Provide freezing of piping to permit installation of new backflow preventer at 300 Lesmill Rd

Lump Sum N/A $______________

48.0 Contingency for work at 300 Lesmill Rd

Lump Sum N/A $ 3,000.00

49.0 Provide new Backflow Preventer and Thermal Expansion Tank at 791 Islington Ave

Lump Sum N/A $______________

50.0 Provide freezing of piping to permit installation of new backflow preventer at 791 Islington Ave

Lump Sum N/A $______________

51.0 Contingency for work at 791 Islington Ave

Lump Sum N/A $ 3,000.00

52.0 Provide new Backflow Preventer and Thermal Expansion Tank at 1435 Eglinton Ave W

Lump Sum N/A $______________

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/Unit

Cost per Unit

Cost for Item

53.0 Provide freezing of piping to permit installation of new backflow preventer at 1435 Eglinton Ave W

Lump Sum N/A $______________

54.0 Contingency for work at 1435 Eglinton Ave W

Lump Sum N/A $ 3,000.00

55.0 Provide new Backflow Preventer and Thermal Expansion Tank at 2050 Jane St

Lump Sum N/A $______________

56.0 Provide freezing of piping to permit installation of new backflow preventer at 2050 Jane St

Lump Sum N/A $______________

57.0 Contingency for work at 2050 Jane St

Lump Sum N/A $ 5,000.00

58.0 Provide new Backflow Preventer and Thermal Expansion Tank at 2222 Eglinton Ave E

Lump Sum N/A $______________

59.0 Provide freezing of piping to permit installation of new backflow preventer at 2222 Eglinton Ave E

Lump Sum N/A $______________

60.0 Contingency for work at 2222 Eglinton Ave E

Lump Sum N/A $ 5,000.00

61.0 Provide new Backflow Preventer and Thermal Expansion Tank at 2440 Lawrence Ave E

Lump Sum N/A $______________

62.0

Provide freezing of piping to permit installation of new backflow preventer at 2440 Lawrence Ave E

Lump Sum N/A $______________

63.0 Contingency for work at 2440 Lawrence Ave E

Lump Sum N/A $ 3,000.00

64.0 Provide new Backflow Preventer and Thermal Expansion Tank at 3699 Bloor St W

Lump Sum N/A $______________

65.0 Provide freezing of piping to permit installation of new backflow preventer at 3699 Bloor St W

Lump Sum N/A $______________

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/Unit

Cost per Unit

Cost for Item

66.0 Contingency for work at 3699 Bloor St W

Lump Sum N/A $ 5,000.00

67.0 Provide new Backflow Preventer and Thermal Expansion Tank at 4610 Finch Ave W

Lump Sum N/A $______________

68.0 Provide freezing of piping to permit installation of new backflow preventer at 4610 Finch Ave W

Lump Sum N/A $______________

69.0 Contingency for work at 4610 Finch Ave W

Lump Sum N/A $ 3,000.00

70.0 Provide new Backflow Preventer and Thermal Expansion Tank at 50 Toryork Dr

Lump Sum N/A $______________

71.0 Provide freezing of piping to permit installation of new backflow preventer at 50 Toryork Dr

Lump Sum N/A $______________

72.0 Contingency for work at 50 Toryork Dr

Lump Sum N/A $ 3,000.00

73.0 Provide new Backflow Preventer and Thermal Expansion Tank at 160 Duncan Mill Rd

Lump Sum N/A $______________

74.0 Provide freezing of piping to permit installation of new backflow preventer at 160 Duncan Mill Rd

Lump Sum N/A $______________

75.0 Contingency for work at 160 Duncan Mill Rd

Lump Sum N/A $ 3,000.00

76.0 Provide new Backflow Preventer and Thermal Expansion Tank at 330 Progress Ave

Lump Sum N/A $______________

77.0 Provide freezing of piping to permit installation of new backflow preventer at 330 Progress Ave

Lump Sum N/A $______________

78.0 Contingency for work at 330 Progress Ave

Lump Sum N/A $ 150.00

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/Unit

Cost per Unit

Cost for Item

79.0 Provide new Backflow Preventer and Thermal Expansion Tank at 4331 Lawrence Ave E

Lump Sum N/A $______________

80.0

Provide freezing of piping to permit installation of new backflow preventer at 4331 Lawrence Ave E

Lump Sum N/A $______________

81.0 Contingency for work at 4331 Lawrence Ave E

Lump Sum N/A $ 5,000.00

82.0 Provide new Backflow Preventer and Thermal Expansion Tank at 9 Hanna Ave

Lump Sum N/A $______________

83.0 Provide freezing of piping to permit installation of new backflow preventer at 9 Hanna Ave

Lump Sum N/A $______________

84.0 Contingency for work at 9 Hanna Ave

Lump Sum N/A $ 3,000.00

85.0 Provide new Backflow Preventer and Thermal Expansion Tank at 31 Avenue of the Island

Lump Sum N/A $______________

86.0

Provide freezing of piping to permit installation of new backflow preventer at 31 Avenue of the Island

Lump Sum N/A $______________

87.0 Contingency for work at 31 Avenue of the Island

Lump Sum N/A $

88.0 Provide new Backflow Preventer and Thermal Expansion Tank at 40 College St

Lump Sum N/A $______________

89.0 Provide freezing of piping to permit installation of new backflow preventer at 40 College St

Lump Sum N/A $______________

90.0 Contingency for work at 40 College St

Lump Sum N/A $ 5,000.00

91.0 Provide new Backflow Preventer and Thermal Expansion Tank at 51 Parliament St

Lump Sum N/A $______________

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/Unit

Cost per Unit

Cost for Item

92.0 Provide freezing of piping to permit installation of new backflow preventer at 51 Parliament St

Lump Sum N/A $______________

93.0 Contingency for work at 51 Parliament St

Lump Sum N/A $ 3,000.00

94.0 Provide new Backflow Preventer and Thermal Expansion Tank at 235 Cibola Ave

Lump Sum N/A $______________

95.0 Provide freezing of piping to permit installation of new backflow preventer at 235 Cibola Ave

Lump Sum N/A $______________

96.0 Contingency for work at 235 Cibola Ave

Lump Sum N/A $

97.0 Provide new Backflow Preventer and Thermal Expansion Tank at 235 Queens Quay W

Lump Sum N/A $______________

98.0 Provide freezing of piping to permit installation of new backflow preventer at 235 Queens Quay W

Lump Sum N/A $______________

99.0 Contingency for work at 235 Queens Quay W

Lump Sum N/A $

100.0 Provide new Backflow Preventer and Thermal Expansion Tank at 245 Queen Quay W

Lump Sum N/A $______________

101.0 Provide freezing of piping to permit installation of new backflow preventer at 245 Queen Quay W

Lump Sum N/A $______________

102.0 Contingency for work at 245 Queen Quay W

Lump Sum N/A $ 3,000.00

103.0 Provide new Backflow Preventer and Thermal Expansion Tank at 245 Queen Quay W

Lump Sum N/A $______________

104.0 Provide freezing of piping to permit installation of new backflow preventer at 245 Queen Quay W

Lump Sum N/A $______________

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/Unit

Cost per Unit

Cost for Item

105.0 Contingency for work at 245 Queen Quay W

Lump Sum N/A $ 3,000.00

106.0 Provide new Backflow Preventer and Thermal Expansion Tank at 1116 King St

Lump Sum N/A $______________

107.0 Provide freezing of piping to permit installation of new backflow preventer at 1116 King St

Lump Sum N/A $______________

108.0 Contingency for work at 1116 King St

Lump Sum N/A $ 3,000.00

109.0 Provide new Backflow Preventer and Thermal Expansion Tank at 1288 Queen St

Lump Sum N/A $______________

110.0 Provide freezing of piping to permit installation of new backflow preventer at 1288 Queen St

Lump Sum N/A $______________

111.0 Contingency for work at 1288 Queen St

Lump Sum N/A $ 3,000.00

112.0

Distribution of Project Documents Documents specified within the Specification, at the minimum shall be submitted to the Engineer and the City of Toronto during the course of the project, before Substantial Completion. One electronic copy and two hard copies shall be submitted for each document. The full amount of $10,000.00 without HST will be retained until all documents are provided to the City of Toronto.

Lump Sum

N/A

$10,000.00

A) Total (Sum of items 1.0 to 112.0):

$_______________

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B)

CASH ALLOWANCES (Exclusive of HST) Such are intended to cover the net cost to the Contractor of providing the pre-determined services, products, or for other authorized expenses specified. The Total Bid Price, and not the Cash Allowances, shall include the Contractor's overhead, and profits, supervision on such cash allowances. If cost exceeds the cost allowance, the extra sum is an extra to the contract, if cost is less the unused portion is credit to the contract. This amount, at the owner’s sole discretion, may be reduced or deducted entirely from the total bid price.

$15,000.00

C)

CONTINGENCY ALLOWANCES (Exclusive of HST) is an allowance for additional work for unforeseen or discovered site and/or work condition(s). Additional work and associated costs must be reviewed and authorized in written form by the City prior to initiating addition work. Do not add overhead, profit or taxes to amount for additional service(s). Cost associated with additional work will have a maximum mark-up of 10% to account for overhead and profit for services/work provided by the proponent. For work/services performed by a sub-contractor, the proponent is only entitled to a maximum mark-up of 5% to account for overhead and profit + 5% for sub-contractor price (Total of 5% + 5% = 10%). This amount, at the owner’s sole discretion, may be reduced or deducted entirely from the total bid price.

$140, 000.00

D) Total Amount of Tender (Sum of A + B + C) Exclusive of HST ……………………………..….

$_________________

E) HST Calculation (13 % of above item D) ………………………………

$_________________

TOTAL QUOTED BID PRICE Inclusive of HST: (Item D + item E) …… *(Please indicate this amount on the Tender Call Cover Page)

*$_________________

Note: The installation work to start 4 days after award of contract (issuing of purchase order) and

to be completed in 24 weeks from the date of purchase order.

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Section 3 – Tender Submission Package Experience and Qualifications Form



1. Project Experience / Comparable Projects 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. Project 1 Project 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

Continued on next page…

45 of 131

Section 3 – Tender Submission Package Experience and Qualifications Form



Project 2 Project 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

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Section 4 – Scope Of Work Tender Call No. 267-2015 Contract No. N/A


SCOPE OF WORK The City of Toronto invites bids for the Installation of Backflow Preventers (Phase 4) at 36 Various Sites throughout the City of Toronto. The Contractor shall furnish all labour, materials, equipment and supervision to carry out the required work at the various sites mentioned in this tender document and in accordance with the specification and drawings, general conditions and other documents contained within the tender package and shall be read in conjunction with each other. Discrepancies between drawings and/or specifications and other documents must be identified during the bidding process and brought to the City's attention for clarification/resolution Please Note: This tender is for an additional 36 sites of installation of Backflow Preventers and is not part of tender 218-2015 Installation of Backflow Preventers (Phase 3) at 59 Various Sites throughout the City of Toronto, which closed June 29, 2015. This work shall include, but not necessarily be limited to the short summary below:

1.1 Summary of Work

Arrange for;

.1 Labour, material and equipment to complete work of Contract in conformity with Contract Documents and Construction Schedule.

.2 Permits, inspections, tests, and systems verifications. Demolition, relocation, and removal of existing equipment and services to complete Work.

.3 Delivery, receiving, inspection at time of delivery, unloading, and hoisting of materials and equipment.

.4 Clean-up of materials and garbage on daily basis or as directed, and removal of unused equipment/materials from site.

.2 Project involves;

.1 Provide new premise isolation backflow prevention device at 36 sites within the Municipality of Toronto;

.2 Provide new thermal expansion tanks at 36 sites within the Municipality of Toronto;

.3 Test new backflow preventer in accordance with CSA B64;

.4 Provide copies of test certificates in each O&M manual submitted and leave one (1) additional test certificate at site in a conspicuous location near the installed device.

HOT WORK & RED TAG PERMIT TRAINING

All contractor’s forces, including sub-contractors, performing work for "Tender 267-2015, Installation of Backflow Preventers (Phase 4) at 36 Various Sites throughout the City of Toronto," are required to have successfully completed “Managing Impairments Using FM Global’s Red Tag Permit System (if any work involves or is to be done on any fire protection system- exception- a fire detection system if it is not a part of a fire protection system- ie. It is

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not used to trip a gaseous suppression or sprinkler system) and/or Managing Hot Work Using FM Global’s Hot Work Permit System as applicable to the scope of work. In order to successfully complete the training, a grade of 80% is required. The contractor and sub-contractor’s staff must be recertified every three years. Each session takes less than one hour to complete and can be accessed 24 hours a day, seven days a week from any computer connected to the Internet. No downloads required. There is no limit to the number of people that can register. To register, please fill out the enclosed application and e-mail to [email protected]. N.B. Once enrolled for one course you are automatically enrolled for all courses. The contractor can sign up directly by sending an e-mail to [email protected] with the name, company name and e-mail address of the person (s) requiring authorization. The contractor must enter “City of Toronto” and the location of the City facility into the sign up window so that FM Global can track that they are a City contractor. Please note that 24 hours is required to allow for confirmation of contractor authorization. This will be a mandatory requirement of the Contract and applicable work shall only be performed by those who have successfully completed the course. Upon request by the City, either before commencement of the work or at any time throughout the duration of the Contract, the contractor shall submit written certificates confirming that the contractor’s and sub-contractor’s staff have successfully completed the applicable training session(s).

FM Global Online Training Pre-Registration Form (complete and email to [email protected])

City Of Toronto- Acct. 1-07087

Last Name First Name Title Email Address

Requested Username (if don't have email)

Local name of location

PROPOSED SUBSTITUTIONS DURING TENDER PERIOD:

The award shall be based on the Products specified in the tender documents. Alternate materials that are not listed may be proposed as a substitution after the award as follows:

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.1 Where the specifications require the Contractor to supply a Product designated by a trade or other name, the Tender Call shall be based only upon supply of the Product so designated, which shall be regarded as the standard of quality required by the specification. After the award, the Contractor may apply to the Contract Administrator to substitute another Product identified by a different trade or other name for the Product designated as set out above. The application shall be in writing and shall state the price for the proposed substitute Product, and such other information as the Contract Administrator may require.

.2 Rulings on a proposed substitution Product will not be made prior to the award. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution Product will be made at the discretion of the Contract Administrator.

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Section 5 - Supplementary Conditions to CCDC 2-2008 Stipulated Price Contract Tender Call No. 267-2015 Contract No. N/A


The CCDC 2-2008 Stipulated Price Contract constitutes the General Conditions of Contract. The terms and conditions of the CCDC 2-2008 Stipulated Price Contract are modified by the

City of Toronto's Supplementary Conditions to CCDC 2-2008 Stipulated Price Contract "Supplementary Conditions"), attached here as Section 5.

CCDC 2-2008 is published by the Canadian Construction Documents Committee ("CCDC") and

is available for purchase at: http://www.ccdc.org/WhereToBuy/WhereToBuy.html

The Successful Bidder shall acquire the necessary copyright seal from CCDC and affix the seal on the cover page of CCDC 2 at the time it executes the CCDC 2 form of agreement.

CITY OF TORONTO

SUPPLEMENTARY CONDITIONS TO CCDC 2-2008

STIPULATED PRICE CONTRACT

June 2014

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Supplementary Conditions, June 2014 1

AMENDMENTS TO THE STIPULATED PRICE CONTRACT, CCDC2-2008

The Standard Construction Document for Stipulated Price Contract, English version, consisting of the Agreement Between Owner and Contractor, Definitions, and General Conditions of the Stipulated Price Contract, Parts 1 to 12 inclusive, governing same is hereby made part of these Contract Documents, with the following amendments, additions and modifications:

1. AGREEMENT BETWEEN OWNER AND CONTRACTOR

1.1 ARTICLE A-3-CONTRACT DOCUMENTS

1.1.1 Amend paragraph 3.1 by adding the following after the words, "The General Conditions of the Stipulated Price Contract":

- "These Supplementary Conditions

-The Specific Conditions, if any

-Drawings

-Specifications"

1.2 ARTICLE A-5 – PAYMENT

1.2.1 Delete paragraph 5.3 – Interest, in its entirety.

1.3 ARTICLE A-6 – RECEIPT AND ADDRESSES FOR NOTICES IN WRITING

1.3.1 Amend paragraph 6.1, by deleting the words, "or by facsimile" in the second sentence, the words, "facsimile or other form of" in the fourth sentence, and the words, "facsimile number" wherever they appear.

2. DEFINITIONS

2.1.1 Delete Definition 4, "Consultant", and replace it with the following:

"The 'Consultant', shall be the person or entity designated as the Consultant by the Owner, from time to time.

2.1.2 Add a new Definition, "Act", as follows:

"'Act" means the Construction Lien Act (Ontario), as amended."

2.1.3 Add a new Definition, "OHSA", as follows:

"'OHSA' means the Occupational Health and Safety Act (Ontario)."

2.1.4 Add a new Definition, "Submittals", as follows:

"Submittals

Submittals are documents or items required by the Contract Documents to be provided by the Contractor in accordance with the Contract Documents such as:

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

Page 5-2.51 of 131


- Shop Drawings, samples, models, mock-ups to indicate details or characteristics, before the portion of the Work that they represent can be incorporated into the Work; and

- As-built drawings and manuals to provide instructions to the operation and maintenance of the Work.

2.1.5 Add a new Definition, "WSIB", as follows:

"'WSIB' means the Workplace Safety & Insurance Board."

2.1.6 Add a new Definition "Daily Work Records", as follows:

"'Daily Work Records' mean daily records detailing the number and categories of workers and hours worked or on standby, types and quantities of Construction Equipment, and descriptions and quantities of Product utilized."

3. GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT

Where a General Condition or paragraph of the General Conditions of the Stipulated Price Contract is deleted by these Supplementary Conditions, the numbering of the remaining General Conditions or paragraphs shall remain unchanged, and the numbering of the deleted item will be retained, unused.

3.1 GC 1.1 - CONTRACT DOCUMENTS

3.1.1 Delete paragraph 1.1.7.1 in its entirety and replace it with new paragraph 1.1.7.1:

"1.1.7.1 If there is a conflict within the Contract Documents, the order of priority of documents, from highest to lowest, shall be:

any amendment to the Agreement between the Owner and the Contractor,

the Agreement between the Owner and the Contractor, as amended by these Supplementary Conditions

the Definitions,

Specific Conditions

Supplementary Conditions,

the General Conditions,

the Drawings,

Division 1 of the Specifications,

Technical Specifications,

material and finishing schedules."

3.1.2 Delete paragraph 1.1.8 in its entirety and replace it with new paragraph 1.1.8:

"1.1.8 The Owner shall provide the Contractor, without charge, up to ten copies of the Contract Documents. If requested by the Contractor, the City shall provide additional copies at the cost of printing handling and shipping."


Page 5-2.52 of 131


3.1.3 Amend paragraph 1.1.9 by deleting the period at the end and replacing it with ", which shall not unreasonably be withheld."

3.2 GC 1.3 – RIGHTS AND REMEDIES

3.2.1 Amend paragraph 1.3.2 by deleting the word, "Consultant" and replacing it with "his representative".

3.3 GC 1.4 - ASSIGNMENT

3.3.1 Delete paragraph 1.4.1 in its entirety and replace it with the following:

"1.4.1 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of the Owner."

3.4 GC 2.1 – AUTHORITY OF THE CONSULTANT

3.4.1 Delete paragraph 2.1 in its entirety and replace it with new paragraph 2.1:

"2.1.1 The Consultant will be the Owner's representative during construction and until the issuance by the Consultant of a certificate at completion of the Work ("Completion Certificate") or the issuance by the Consultant of a certificate of final acceptance ("Final Acceptance Certificate") whichever is later. All instructions to the Contractor including instructions from the Owner will be issued by the Consultant. The Consultant will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

2.1.2 The Consultant will inspect the Work for its conformity with the plans and Specifications, and record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the Work completed in the case of a lump sum price contract.

2.1.3 The Consultant will investigate all claims of a change in the Work made by the Contractor and issue appropriate instructions.

2.1.4 In the case of non-compliance with the provisions of the Contract by the Contractor, the Consultant, after consultation with the Owner, will have the authority to suspend the Work for such reasonable time as may be necessary to remedy such non-compliance. The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances.

3.5 GC 2.2 - ROLE OF THE CONSULTANT

3.5.1 Amend paragraph 2.2.3 by deleting the second sentence thereof.

3.5.2 Amend paragraph 2.2.7 by deleting the words "except with respect to GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER."

3.5.3 Delete paragraph 2.2.16 and replace it with the following:

2.2.16 The Consultant and the Contractor will jointly conduct reviews of the Work to determine the date of Substantial Performance of the Work and completion of the Work as provided in GC 5.4 SUBSTNATIAL PERFORMANCE OF THE WORK and GC 5.7 – FINAL PAYMENT, respectively.

3.6 GC 2.4 - DEFECTIVE WORK

3.6.1 Amend paragraph 2.4.1 by adding the following at the end, "at no additional cost to the Owner"

3.6.2 Add new subparagraphs 2.4.1.1 and 2.4.1.2:


Page 5-2.53 of 131


"2.4.1.1 The Contractor shall rectify, in a manner acceptable to the Owner and the Consultant, all defective Work and deficiencies throughout the Work, whether or not they are specifically identified by the Consultant.

2.4.1.2 The Contractor shall prioritize the correction of any defective Work which, in the sole discretion of the Owner, adversely affects the day to day operation of the Owner."

3.7 GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS

3.7.1 Delete subparagraphs 3.2.2.4 and 3.2.2.5 in their entirety.

3.8 GC 3.4 - DOCUMENT REVIEW

3.8.1 Delete paragraph 3.4.1 in its entirety and replace it with new paragraph 3.4.1:

"3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover. Such review by the Contractor shall comply with the standard of care described in GC 3.14 STANDARD OF CARE. Except for its obligation to make such review and report the result, the Contractor does not assume any responsibility to the Owner or to the Consultant for the accuracy of the Contract Documents. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents, which the Contractor could not reasonably have discovered. If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the Work affected until the Contractor has received corrected or missing information from the Consultant."

3.8.2 Add new paragraph 3.4.2:

"3.4.2 If the Contractor finds discrepancies in and/or omissions from the Contract Documents or has any doubt as to the meaning or intent of any part thereof, the Contractor shall immediately notify the Consultant, who will provide written instructions or explanations. Neither the Owner nor the Consultant will be responsible for oral instructions."

3.9 GC 3.5 - CONSTRUCTION SCHEDULE

3.9.1 Add the following sections 3.5.1.1.1 to 3.5.1.1.5

"3.5.1.1.1 The schedule shall take into account the sequence of construction and the completion dates contained in the information for bidders and the tender submission package;

3.5.1.1.2 Only computerised type schedules will be accepted;

3.5.1.1.3 The schedule must show the Project critical path and the critical path must be identified in a contrasting colour (red) from the other activities;

3.5.1.1.4 The schedule must clearly show, in weekly intervals, the logic and timing of major activities, proposed start dates and estimated duration for activities;

3.5.1.1.5 The schedule must have a level of detail sufficient to identify the Contractor and each specific Subcontractor and their respective parts of the Work and the specific location thereof."


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3.10 GC 3.6 – SUPERVISION

3.10.1 Amend paragraph 3.6.1 by adding the following after the words, "competent representative", "who shall be a Competent Person, as that term is defined in the Occupational Health and Safety Act,", and by deleting the last sentence, and replacing it with the following, "The Contractor shall not be entitled to change the Competent Person without the prior written authorization of the Owner, which shall not be unreasonably withheld."

3.10.2 Add paragraphs 3.6.3 to 3.6.7 as follows:

"3.6.3 The Contractor shall furnish competent and adequate staff, who shall be in attendance at the Place of the Work at all times, as necessary, for the proper administration, co-ordination, supervision and superintendence of the Work; organize the procurement of all Product and Construction Equipment so that they will be available at the time they are needed for the Work; and keep an adequate force of skilled workers on the job to complete the Work in accordance with all requirements of the Contract Documents.

3.6.4 Prior to commencement of the Work, the Contractor shall select a competent and experienced full time Project manager (the “Project Manager”) who shall be in attendance at the Place of the Work or on the road and engaged in the Work at all times, and a competent and experienced full time site supervisor (the “Site Supervisor”) who shall be in attendance at the Place of the Work at all times. The Project Manager shall have full responsibility for the prosecution of the Work, with full authority to act in all matters as may be necessary for the proper co-ordination, supervision, direction and technical administration of the Work, who shall attend site meetings in order to render reports on the progress of the Work and who shall have authority to bind the Contractor in all matters related to this Contract. The Project Manager and the Site Supervisor shall be satisfactory to the Owner and shall not be changed except for good reason and with the prior written approval of the Owner, which shall not unreasonably be withheld. The Project Manager may be the same person as the competent representative set out in section 3.6.1.

3.6.5 The Project Manager and Site Supervisor shall represent the Contractor at the Place of the Work and notices and instructions given to the Project Manager and/or the Site Supervisor shall be held to have been received by the Contractor.

3.6.6 The Owner acting reasonably, shall have the right to order the Contractor to remove from the Project any representative or employee of the Contractor, Subcontractors or Suppliers who, in the opinion of the Owner, are a detriment to the Project.

3.6.7. The Contractor shall provide the Owner and the Consultant with the names, work addresses and telephone numbers of the Project Manager, the Site Supervisor and other responsible field persons who may be contacted for emergency and other reasons during non-working hours.”

3.11 GC 3.7 - SUBCONTRACTORS AND SUPPLIERS

3.11.1 Add a new paragraph 3.7.1.4, as follows:

"3.7.1.4 at all times ensure full compliance with all of the Owner's policies including the Owner's Fair Wage Policy, and its collective agreements."

3.11.2 Delete paragraphs 3.7.3, 3.7.4, and 3.7.5 in their entirety, and replace them with sections 3.7.3, 3.7.4, 3.7.5, 3.7.6, 3.7.7, and 3.7.8 as follows:

"3.7.3 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents.


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3.7.4 The Contractor shall notify the Consultant, in writing, of its intention to subcontract. Such notification shall identify the part of the Work and the Subcontractor with whom it is intended to subcontract.

3.7.5 The Contractor shall not, without the written consent of the Owner, and whose consent shall not be unreasonably withheld, change a Subcontractor who has been engaged in accordance with this General Condition.

3.7.6 The Contractor shall preserve and protect the rights of the Owner with respect to that part of the Work to be performed under subcontract and shall enter into agreements with the intended Subcontractors to require them to perform their Work in accordance with the Contract Documents and shall be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly and indirectly employed by them as for acts and omissions of persons employed directly by the Contractor.

3.7.7 The Owner's consent to subcontracting by the Contractor shall not be construed as relieving the Contractor from any obligation under the Contract and shall not impose any liability on the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner.

3.7.8 The Contractor and all associated Subcontractors shall be subject to the Owner's policies, including any Fair Wage Policy, if any, as may be adopted by the Owner from time to time, and any of the Owner's or legislated labour trades requirements. Failure to comply with these policies or requirements may lead to termination of the Contract, or rejection of a Subcontractor, as the case may be."

3.12 GC 3.8 - LABOUR AND PRODUCTS

3.12.1 Paragraph 3.8.2 is amended by adding the following sentence to the end:

"The Contractor shall not change the source of supply of any Product without the written authorization of the Consultant."

3.12.2 Amend paragraph 3.8.3 by adding the following at the end thereof:

"and shall not employ any persons on the Work whose labour affiliation (or lack thereof) is incompatible with other labour employed in connection with the Work or at the Place of the Work."

3.13 GC 3.11- USE OF THE WORK

3.17.1 Amend section 3.11.2 by adding the words, ", individuals and the area adjacent to the work.", at the end thereof.

3.14 GC 3.12- CUTTING AND REMEDIAL WORK

3.18.1 Amend paragraph 3.12.1 by adding the word, "coring," before the word, "cutting".

3.15 GC 3.13- CLEANUP

3.15.1 Amend paragraph 3.13.2 by adding the following at the end thereof, "all to the satisfaction of the Consultant and the Owner, acting reasonably."

3.15.2 Add a new paragraph 3.13.4 as follows:

"3.13.4 The Owner shall have the right to back charge cleaning to the


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Contractor if the cleaning is not completed within 24 hours of written notice to clean and the Owner shall have the right to back charge the cost of damage to the Place of the Work caused by the Contractor’s, Subcontractor’s or Supplier's transportation in and out of the Place of the Work if not repaired within 5 Working Days of written notice to repair or before final payment, whichever is earlier.”

3.16 GC 3.14 – STANDARD OF CARE

3.16.1 Add new General Condition 3.14 as follows:

"3.14.1 In performing its services and obligations under the Contract, the Contractor shall exercise a standard of care, skill and diligence that would normally be provided by an experienced and prudent Contractor supplying similar services for similar projects. The Contractor acknowledges and agrees that throughout the Contract, the Contractor's obligations, duties and responsibilities shall be interpreted in accordance with this standard. The Contractor shall exercise the same standard of due care and diligence in respect of any Products, personnel, or procedures which it may recommend to the Owner.

3.14.2 The Contractor further represents covenants and warrants to the Owner that there are no pending, threatened or anticipated claims that would have a material effect on the financial ability of the Contractor to perform its Work under the Contract."

3.17 GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER

3.17.1 Delete GC 5.1.1 and 5.1.2 in their entirety and replace them with "Intentionally left blank."

3.18 GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT

3.18.1 Amend paragraph 5.2.4 by deleting the words "calendar days" and replacing them with "Working Days".

3.18.2 Amend paragraph 5.2.7 by adding the following at the end thereof:

"Any Products delivered to the Place of the Work but not yet incorporated into the Work shall remain at the risk of the Contractor notwithstanding that title has passed to the Owner pursuant to GC 13.1 OWNERSHIP OF MATERIALS."

3.18.3 Add new paragraphs 5.2.8, 5.2.9 , 5.2.10, 5.2.11, 5.2.12, and 5.2.13 as follows:

"5.2.8 The Contractor shall submit a WSIB clearance certificate and a Statutory Declaration of Progress Payment Distribution by Contractor in a form acceptable to the Owner with each application for progress payment.

5.2.9 The Contractor shall, within 21 days of the signing of the Contract, and prior to the first claim for monthly payment, submit to the Owner a detailed breakdown of the lump sum tender price for the purpose of establishing monthly payments. The Owner, acting reasonably, reserves the right to modify costs allocated to the various breakdown items to prevent unbalancing.

5.2.10 Payment for mobilizing and setting up plant, temporary buildings and services, premiums and other disbursements, shall be prorated based on the value of the Work performed during a billable period..

5.2.11 Payment for bonds and insurance will be paid 100 per cent on the first progress payment, provided that respective invoices are submitted as proof of payment.

5.2.12 An “as-built” item shall be identified on the cost breakdown with a corresponding fair and reasonable value for the purpose of ensuring that the as-built information drawings are given due diligence. A detailed description of as-built information/drawings performed for that month shall accompany the invoice.


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5.2.13 Prior to applying for any payment from the City, the Contractor shall submit a monthly projected/estimated payment schedule based on the detailed construction schedule and the Contract Price for the duration of the Contract."

3.19 GC 5.3 - PROGRESS PAYMENT

3.19.1 Amend subparagraph 5.3.1.2 by adding the following sentence at the end thereof:

"For clarity, the ten calendar day period referenced in this paragraph shall not commence until such time as the Consultant has determined that he has received from the Contractor all required documents supporting the invoice and evidencing the Work being invoiced, all to the Consultant's reasonable satisfaction."

3.19.2 Amend paragraph 5.3.1.3 by deleting the number "20" and replacing it with the number, "30", and by deleting everything after the word "after" and replacing it with the following:

"the Consultant and the Contractor have reached mutual agreement on the amount of the invoice evidencing the Work being invoiced with required supporting documents."

3.20 GC 5.4 – SUBSTANTIAL PERFORMANCE OF THE WORK

3.20.1 Delete paragraph 5.4.3 in its entirety and replace it with the following:

"Immediately prior to the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish a schedule for completion of the Work and cor rec t ing def ic ien t Work , and the construction schedule shall be deemed to be amended to include this completion schedule."

3.20.2 Add new paragraphs 5.4.4 and 5.4.5:

"5.4.4 Prior to submitting its written application for Substantial Performance of the Work, the Contractor shall submit to the Consultant all:

.1 guarantees;

.2 warranties, completed as per paragraph 12.3.6;

.3 certificates;

.4 testing and balancing reports;

.5 distribution system diagrams;

.6 spare parts;

.7 maintenance/operation manuals;

.8 training manuals;

.9 samples;

.10 reports and correspondence from authorities having jurisdiction in the Place of the Work;

.11 Shop Drawings, and marked up Drawings;


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.12 completed as-built drawings in the latest edition of a Computer Assisted Design Drawing software program;

.13 inspection certificates;

and other materials or documentation required to be submitted under the Contract, together with written proof acceptable to the Owner and the Consultant that the Work has been substantially performed in conformance with the requirements of municipal, governmental and utility authorities having jurisdiction in the Place of the Work.

5.4.5 Where the Contractor is unable to deliver the documents and materials described in paragraph

5.4.4, then, provided that none of the missing documents and materials interferes with the use and occupancy of the Project in a material way, and except as described herein, the failure to deliver shall not be grounds for the Consultant to refuse to certify Substantial Performance of the Work. However, certification of Substantial Performance of the Work ma y be withheld if the Contractor f a i l s to deliver maintenance manuals, as required in paragraph 5.4.4.7, o r completed a s -built drawings, as required in subparagraph 5.4.5.12. Any documents or materials not delivered in accordance with paragraph 5.4.5 shall be delivered as provided in paragraph 5.7.1.2 of GC 5.7."

3.21 GC 5.5 - PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK

3.21.1 Amend paragraph 5.5.1.2 by adding the following at the end thereof:

"The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance of the Work. Payment of such statutory holdback shall be due 46 days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a satisfactory certificate of clearance from the WSIB; a Release and Waiver in a form acceptable to the City; and proof of publication of the Certificate of Substantial Performance."

3.21.2 Amend paragraph 5.5.2 by deleting from line 1, the words, "the statement" and replacing them with the words, "the documents".

3.21.3 Delete paragraph 5.5.3 in its entirety.

3.21.4 Amend paragraph 5.5.4 by deleting the last sentence and replacing it with the following: "In accordance with the Construction Lien Act, the Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work and, the Owner acting reasonably, may retain any amounts in respect of claims of third parties made to the Owner in respect of the Contract or the Work, and in respect of any claims the Owner may have against the Contractor."

3.22 GC 5.6 - PROGRESSIVE RELEASE OF HOLDBACK

3.22.1 Amend paragraph 5.6.1 by deleting the period at the end of the first sentence and substituting ",subject to, and in accordance with, the terms of this GC 5.6." and by deleting the last sentence thereof and by adding the following as paragraphs 5.6.1.1, and 5.6.1.2:

"5.6.1.1 The holdback in respect of a subcontract shall be released 46 days after the date the subcontract is certified complete , provided the Contractor submits the following to the Consultant:

(a) a document satisfactory to the Consultant that will release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies;


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(b) evidence satisfactory to the Consultant that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract;

(c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and

(d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due to the Subcontractor from the Contractor."

5.6.1.2 The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work and any amounts in respect of claims of third parties made to the City in respect of the Contract or the Work. "

3.23 GC 5.7 - FINAL PAYMENT

3.23.1 Amend paragraph 5.7.1 by renumbering it as 5.7.1.1 and adding the following subparagraph as 5.7.1.2,.

"5.7.1.2 The Contractor’s application for final payment shall be accompanied by any documents or materials not yet delivered pursuant to paragraph 5.4.4. The Work shall be deemed not to be performed until all of the aforementioned documents have been delivered, and the Owner may withhold payment in respect of the delivery of any documents in an amount determined by the Consultant in accordance with the provisions of GC 5.8 WITHHOLDING OF PAYMENT."

3.23.2 Amend paragraph 5.7.4 by deleting the number, "5" and replacing it with "45".

3.24 GC 6.2 - CHANGE ORDER

3.24.1 Add new paragraphs 6.2.3 and 6.2.4 as follows:

"6.2.3 Work on a Lump Sum Basis

6.2.3.1 Any agreement reached by the Owner and Contractor on an adjustment of the Contract Price on either a lump-sum or unit price basis shall be subject to the conditions contained in this paragraph 6.2.3.

6.2.3.2 Where a change in the Work, is performed by the Contractor’s own forces, the negotiated lump sum price for change in the Work, or negotiated unit price(s) for each unit priced item shall be all-inclusive, except HST and mark-up as provided hereafter, and shall include, without limitation, all costs, charges, expenses and fees whatsoever required or related to perform such change, or such unit priced item. The Contractor shall be allowed a mark-up to a maximum amount of 15% of the lump sum price, or aggregate of unit items and applicable unit price(s), for such change, net of taxes on the first $100,000 and 10% thereafter. The Contractor shall provide a written quotation identifying each amount to be charged for transportation, labour, Product, Construction Equipment and services and all other costs for the performance of the Work. The HST, as applicable, shall be identified separately in a manner satisfactory to the Owner.

6.2.3.3 Where a change in the Work is performed by a Subcontractor’s forces, the Subcontractor’s lump sum price for change in the Work, or unit price (s) for each unit priced item shall be all-inclusive, except HST and mark-up as provided hereafter, and shall include all of its costs, charges, expenses and fees whatsoever required or related to perform such change, or such unit priced item. The Contractor shall provide a written quotation with back-up documentation from the Subcontractor identifying each amount to be charged for transportation, labour, Product, Construction Equipment and services and all other costs for the performance of the Work and the total price charged by the Subcontractor. The Subcontractor shall be allowed a mark-up to a maximum amount of 15% of the lump sum price, or aggregate of unit items and applicable unit price(s), for such change, net of taxes on the first $100,000 and 10% thereafter. The Contractor is allowed a maximum mark-up of 10% on the total price charged by the Subcontractor to the


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Contractor for such change, net of taxes and Subcontractor mark-up. The HST, as applicable, shall be identified separately in a manner satisfactory to the Owner.

6.2.3.4 In the event any of the change in the Work, contains items or parts that, in the opinion of the Consultant, are the same or equivalent to items for which the Contractor submitted unit prices in the tender submitted by the Contractor, then the prices in the tender shall be the prices paid by the Owner for that work or parts of the work in respect of any such change in the Work.

6.2.3.5 Where a change in the Work is performed either by the Contractor or a Subcontractor, and requires Construction Equipment, reasonable rental charges for Construction Equipment, such as tractors, bulldozers, ditching machines, air compressors, compactors, concrete mixers and graders, for the actual time required in operation for the performance of the Work must be agreed upon before commencing the Work.

6.2.3.6 The mark-ups provided for in paragraph 6.2.3.2 and 6.2.3.3 shall constitute the only compensation the Contractor shall be entitled to for any and all overhead, profit, incidental and administrative costs whatsoever related to the change, including but not limited to, costs relating to superintendence and supervision, shop drawing production, estimating, site office and home office expenses, workers tools, temporary facilities and controls, and coordination of any and all Work-related activities.

6.2.3.7 No claim whatsoever for a change in the Contract Time, delay, prolongation charges, remobilization or otherwise shall be permitted with respect to a change, unless first authorized by the Consultant and approved by the Consultant and set out in the Change Order or Change Directive, as the case may be, by the Owner.

6.2.3.8 No compensation for any change in the Work shall be allowed unless such change is first ordered in writing by the Consultant and authorized by the Owner.

6.2.4 Work on a Time and Material Basis

6.2.4.1 Where agreement is not reached on a lump-sum or unit price basis for a change in the Contract Price arising out of a change in the Work, the Owner may choose to issue a Change Order for Work on a Time and Material Basis, in which case the following provisions in this section 6.2.4 shall apply:

6.2.4.2 For the purposes of this paragraph 6.2.4, the following definitions apply:

Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, administration or management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Construction Equipment.

Cost of Product: means the cost of Product purchased, or supplied from stock, and valued at current market prices, for the purpose of carrying out extra Work, by the Contractor, or by others when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices.

Operated Rented Construction Equipment: means rented Construction Equipment for which an operator is provided by the supplier of the Construction Equipment and for which the rent or lease includes the cost of the operator.

Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments forming part of the Contractor's normal labour costs.


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Rented Equipment: means Construction Equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act, R.S.O. 1990, Chapter c.S.5, as amended, and is approved by the Consultant.

Road Work: means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures.

Sewer and Watermain Work: means the preparation, construction, finishing and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures.

Standby Time: means any period of time which is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of Construction Equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition.

Structure Work: means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto.

The 127 Rate: means the rate for a unit of Construction Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the Work is carried out or for Construction Equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates.

Work on a Time and Material Basis: means changes in the Work approved by the Consultant for payment on a time and material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, Specifications and provisions of the Contract.

Working Time: means each period of time during which a unit of Construction Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition.

6.2.4.3 Daily Work Records prepared as the case may be by either the Contractor's representative or the Consultant and reporting the labour and Construction Equipment employed and the Product used for Work on a Time and Material Basis, shall be reconciled and signed each day by both the Contractor's representative and the Consultant.

6.2.4.4 Payment as herein provided shall be full compensation for all labour, Construction Equipment and Product to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a time and material basis shall apply to each individual Change Order authorized by the Consultant.

6.2.4.5 The Owner will pay the Contractor for labour employed on each time and material project at 135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000.

6.2.4.6 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor’s actual cost of Payroll Burden.


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6.2.4.7 At the Owner’s discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Work on a Time and Material Basis.

6.2.4.8 The Owner will pay the Contractor for Product used on each time and material project at 120% of the Cost of Product up to $3,000, then at 115% of any portion of the Cost of Product in excess of $3,000.

6.2.4.9 The Owner will pay the Contractor for the Working Time of all Construction Equipment other than rented Construction Equipment and Operated Rented Construction Equipment used on the Work on a Time and Material Basis at the 127 Rates with a cost adjustment as follows:

(a) Cost $10,000 or less - no adjustment;

(b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10,000; and

(c) Cost greater than $20,000 - $19,000 plus 80% of the portion in excess of $20,000.

6.2.4.10 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Consultant up to a maximum of 110% of the 127 Rate. This constraint will be waived when the Consultant approves the invoice price prior to the use of the Rented Equipment.

6.2.4.11 The Owner will pay the Contractor for the Working Time of Operated Rented Construction Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Construction Equipment invoice price approved by the Consultant prior to the use of the Construction Equipment on the Work on a Time and Material Basis.

6.2.4.12 The Owner will pay the Contractor for Standby Time of Construction Equipment at 35% of the 127 Rate or 35% of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Place of the Work for extended periods agreed to by the Consultant. This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.

6.2.4.13 In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis.

6.2.4.14 Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the Rented Equipment can be resumed. The Owner will pay such costs as result directly from such return.

6.2.4.15 When Construction Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Place of the Work, payment will be made by the Owner only in respect of the transporting units. When Construction Equipment is moved under its own power it shall be deemed to be working. Construction Equipment rates shall be subject to the approval of the Consultant.

6.2.4.16 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of hand tools or equipment that are tools of the trade.

6.2.4.17 For changes in the Work, where the Work is performed by a Subcontractor the Owner shall pay the Contractor a mark up in the amount of 10 % of the first $10,000 plus 5 % of the amount in excess of $10,000.


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6.2.4.18 No further markup will be applied regardless of the extent to which the Work is assigned or sublet to others. If Work is assigned or sublet to an associate, as defined by the Securities Act no markup whatsoever will be applied.

6.2.4.19 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Construction Equipment rates not already submitted to the Consultant during the course of such work.

6.2.4.20 Separate summaries shall be completed by the Contractor according to the standard form “Summary for Payment of Accounts on a Time and Material Basis”. Each summary shall include the order number and covering dates of the Work and shall itemize separately labour, Product and Construction Equipment. Invoices for Product, Rented Construction Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary.

6.2.4.21 Each month the Consultant will include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the Contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis.

6.2.4.22 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 days after the completion of the Work on a Time and Material Basis."

3.25 GC 6.3 - CHANGE DIRECTIVE

3.25.1 Delete paragraph 6.3.7.1 in its entirety and replace it with the following:

".1 salaries, wages and benefits paid to personnel in the direct employ of the Contractor, applying the labour rates set out in the wage schedule in the Contract Documents or as otherwise agreed between the Owner and Contractor for personnel,

(1) carrying out the Work, including necessary supervisory services;

(2) engaged in expediting the production or transportation of material or equipment, at shops or on the road;

(3) engaged in the preparation of Shop Drawings, fabrication drawings, coordination drawings and Contract as-built drawings, or,

(4) including clerical staff engaged in processing changes in the Work."

3.25.2 Amend paragraph 6.3.8 by adding the words "except for paragraph 6.3.14" after the word "Contract" in the first line.

3.25.3 Add new paragraph 6.3.14 as follows:

"6.3.14 For greater certainty, and without limitation, the cost of performing the Work attributable to the Change Directive does not include, and no payment shall be made for:

.1 head office salaries and benefits and all other overhead or general expenses, except only for the salaries, wages and benefits of personnel described in paragraph 6.3.7.1 and the contributions, assessments or taxes referred to in paragraphs 6.3.7.2;

.2 capital expenses and interest on capital;

.3 general clean-up, except where the performance of the Work in the Change Directive causes specific additional clean-up requirements;


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.4 wages paid for project managers, superintendents, assistants, watch persons and administrative personnel, provided the Change Directive does not result in an extension of Contract Time;

.5 wages, salaries, rentals, or other expenses that exceed the rates that are standard in the locality of the Place of the Work that are otherwise deemed unreasonable by the Consultant;

.6 any costs or expenses attributable to the negligence, improper Work, deficiencies, or breaches of Contract by the Contractor or Subcontractor;

.7 any cost of quality assurance, such as inspection and testing services, charges levied by authorities, and any legal fees unless any such costs or fees are pre-approved in writing by the Owner."

3.26 GC 6.5 - DELAYS

3.26.1 Amend paragraphs 6.5.1, and 6.5.2 by deleting the period at the end of each paragraph, and substituting the following words, ", but excluding any consequential, indirect or special damages, loss of profit, loss of opportunity or loss of productivity resulting from such delay."

3.26.2 Add new subparagraphs 6.5.6, 6.5.7, 6.5.8 and 6.5.9 as follows:

"6.5.6 If the Contractor is delayed in the performance of the Work by an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly, or by any cause within the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Owner shall be reimbursed by the Contractor for all reasonable costs incurred by the Owner as the result of such delay, including all services required by the Owner from the Consultant as a result of such delay by the Contractor and, in particular, the cost of the Consultant's services during the period between the date of Substantial Performance of the Work stated in Article A-1 herein as the same may be extended through the provisions of these General Conditions and any later, actual date of Substantial Performance of the Work achieved by the Contractor.

6.5.7 The Contractor shall be responsible for the care, maintenance and protection of the Work in the event of any suspension of construction as a result of the delay described in paragraphs 6.5.1, 6.5.2 or 6.5.3. In the event of such suspension, the Contractor shall be reimbursed by the Owner for the reasonable costs incurred by the Contractor for such care, maintenance and protection, but excluding the costs of the Contractor's head office personnel. The Contractor's entitlement to costs pursuant to this paragraph 6.5.7, if any, shall be in addition to amounts, if any, to which the Contractor is entitled pursuant to paragraphs 6.5.1, 6.5.2 or 6.5.3.

6.5.8 Without limiting the obligations of the Contractor described in GC 3.2 – CONSTRUCTION BY OWNER OR OTHER CONTRACTORS and GC 9.4 – CONSTRUCTION SAFETY, the Owner may, by Notice in Writing, direct the Contractor to stop the Work where the Owner determines that there is an imminent risk to the safety of persons or property at the Place of the Work. In the event that the Contractor receives such notice, it shall immediately stop the Work and secure the Project site. The Contractor shall not be entitled to an extension of the Contract Time or to an increase in the Contract Price unless the resulting delay, if any, would entitle the Contractor to an extension of the Contract Time or the reimbursement of the Contractor's costs as provided in paragraphs 6.5.1, 6.5.2 or 6.5.3.

6.5.9 The Contractor recognizes and agrees that the Owner will suffer financial loss if the Work is not completed within the time specified in the Contract. The Contractor also recognizes the delays, expenses and difficulties involved in proving the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Contractor agrees that as liquidated damages for delay (but not as penalty) the Contractor shall pay to the Owner, as liquidated damages, an amount per day, as designated in the Specific Conditions of Contract for each and every day’s delay from the specified time for completion of the Work until actual completion of the Work, and it is further expressly acknowledged and agreed by the Contractor that:


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(a) this amount is a reasonable estimate of the actual damage that will be incurred by the Owner due to any failure to complete the Work within the time required by this Contract;

(b) the Owner may deduct the amount due under this section from any monies that may be due or payable to the Contractor, whether under this Contract or any other agreement;

(c) the liquidated damages provided for in this section shall be without prejudice to any other remedy to which the Owner is entitled at law or in equity."

3.27 GC 6.6 CLAIMS FOR CHANGE IN CONTRACT PRICE

3.27.1 GC 6.6.1 - 6.6.6 are deleted in their entirety and replaced with the following:

"6.6.1 Claims for a change in the Contract Price shall be determined in accordance with GC 8, as amended."

3.28 GC 7.1 - OWNER'S RIGHT TO PERFORM THE WORK, STOP THE WORK, OR TERMINATE THE CONTRACT

3.28.1 Amend paragraph 7.1.2 by adding the following sentence to the end:

"Failure by the Owner to provide such notice shortly after the default has occurred shall not constitute condonation of the default."

3.28.2 Add a new paragraph 7.1.5.5 as follows:

".5 charge the Contractor for any damages the Owner may have sustained as a result of the default."

3.29 GC 7.2 - CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT

3.29.1 Delete paragraphs 7.2.1, and 7.2.3.1 in their entirety.

3.29.2 In paragraph 7.2.2, insert the words "other than the City of Toronto" after the words "public authority" in the second line.

3.29.3 Delete subparagraph 7.2.3.4 and replace it with the following:

".4 the Owner violates the requirements of the Contract to a substantial degree"


"7.2.5 If the default cannot be corrected within the 5 Working Days specified in paragraph 7.2.4, the Owner shall be deemed to have cured the default if it

.1 commences the correction of the default within the specified time; and

.2 provides the Contractor with an acceptable schedule for such correction; and

.3 completes the correction in accordance with such schedule."

3.29.5 Add new paragraph 7.2.6:

"7.2.6 If the Contractor terminates the Contract under the conditions described in this GC 7.2, the Contractor shall be entitled to be paid for all Work performed to the date of termination. The Contractor


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shall also be entitled to recover the direct costs associated with termination, including the costs of demobilization, losses sustained on Products and Construction Equipment. The Contractor shall not be entitled to any recovery for special, indirect or consequential losses, or loss of use."

3.30 GC 8.0 – DISPUTE RESOLUTION

3.30.1 Delete Part 8 in its entirety and replace it with the following:

"8.0 DISPUTE RESOLUTION

8.1.1 Continuance of the Work

Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have.

8.1.2 Record Keeping

Immediately upon commencing Work that may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Consultant shall keep Daily Work Records to be used in assessing the Contractor's claim, all records to be in accordance with the requirements of the Contract.

8.1.3 The Contractor and the Consultant shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Consultant fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim.

8.1.4 The keeping of Daily Work Records by the Consultant or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim.

8.2 Claims Procedure

8.2.1 The Contractor shall give verbal notice to the Consultant of any situation which may lead to a claim for additional payment immediately upon becoming aware of the situation and shall provide written notice to the Consultant of such situation or of any express intent to claim such payment, within seven days of the commencement of any part of the Work which may be affected by the situation or shall form part of the claim.

8.2.2 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 days after completion of the Work affected by the situation. The detailed claim shall:

a) identify the item or items in respect of which the claim arises;

b) state the grounds, contractual or otherwise, upon which the claim is made; and

c) include the records maintained by the Contractor supporting such claim.

In exceptional cases the 30 days may be increased to a maximum of 90 days with approval in writing from the Consultant.

8.2.3 Within 30 days of the receipt of the Contractor’s detailed claim, the Consultant may request the Contractor to submit any further and other particulars as the Consultant considers necessary to


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assess the claim. The Contractor shall submit the requested information within 30 days of receipt of such request.

8.2.4 Within 90 days of receipt of the detailed claim, the Owner, or if authorized by the Owner, the Consultant, shall advise the Contractor, in writing, of the Owner’s opinion with regard to the validity of the claim.

8.3 Negotiations

8.3.1 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations.

8.3.2 Should the Contractor disagree with the opinion given in paragraph 8.2.4, with respect to any part of the claim, the Consultant shall enter into negotiations with the Contractor to resolve the matters in dispute. Negotiation shall occur on three levels; first, with the Consultant, second, with the Owner’s Manager level, and third, with the Owner’s Director, General Manager or Executive Director level. Corresponding level shall be involved in the discussions on behalf of the Contractor. Any agreement reached with the Consultant shall be subject to the Owner’s approval. Prior to commencement of construction the Owner and the Contractor shall meet to determine the names of the representatives at the three levels of discussion. These names shall be put in writing, to be used in the event of a dispute in issue.

8.3.3 Discussions with the Consultant shall be completed as soon as possible and shall be limited to a period of no more than 30 days following receipt of the opinion given in paragraph 8.2.4. Manager level discussion shall be completed as soon as possible following failed discussions with the Consultant, and shall be limited to a period of no more than a further 30 days. The Director, General Manager or Executive Director level discussion shall be completed as soon as possible following failed manager level discussions, and shall be limited to a period of no more than a further 30 days.

8.3.4 Each party shall be responsible for elevating an issue to the next level of negotiation, if the issue has not been resolved at the current level. The Contractor or Consultant shall notify the other properly in writing if he or she wishes to pursue an issue to the next level of negotiation.

8.3.5 Where a negotiated settlement cannot be reached, or it is agreed that payment cannot be made in accordance with paragraph 6.2.3 or paragraph 6.2.4, the parties may, upon mutual agreement, proceed in accordance with clause paragraph 8.4, Mediation.

8.4 Mediation

8.4.1 If a claim is not resolved satisfactorily through the negotiation process in paragraph 8.3, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator.

8.4.2 The mediator shall be mutually agreed upon by the Owner and Contractor.

8.4.3 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. The mediator may provide the parties with his or her non-binding without prejudice settlement recommendation, on the day of the mediation.

8.4.4 Each party is responsible for its own costs related to the use of the third party mediator process. The costs of the third party mediator shall be equally shared by the Owner and Contractor.


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8.5 Payment

8.5.1 Payment of the claim shall be made no later than 30 days after the date of resolution of the claim or dispute. Such payment shall be made according to the terms of Part 5, Payment.

8.6 Rights of Both Parties

8.6.1 Unless the parties agree otherwise, no action taken under paragraphs 8.1 to 8.6, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties.

8.7 Arbitration

8.7.1 If a claim is not resolved satisfactorily through the negotiation process, or mediation if utilized, either party may request an arbitration of the dispute and the parties, by mutual agreement, may submit such dispute to arbitration and the provisions of the Ontario Arbitration Act, 1991, as amended, shall apply to such arbitration, including the provisions for appeal therein except as otherwise provided in this section 8.7. Notwithstanding this, in the case of claims for amounts less than $150,000, exclusive of H.S.T., the provisions of subsection GC 8.7 to 8.11, Arbitration, shall be mandatory if requested by either party, and the matter shall proceed to arbitration if not resolved through the said negotiation or mediation processes.

8.7.2 If the Parties engage in arbitration to resolve the issue, notification to that effect shall be communicated in writing to the Consultant within 30 days of completing the negotiations referred in paragraph 8.3, or, if the parties proceed to mediation under paragraph 8.4, within 30 days of completing that mediation.

8.7.3 The parties shall be bound by the decision of the arbitrator.

8.7.4 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of paragraphs 8.7 to 8.11.

8.8 Arbitration Procedure

8.8.1 The following provisions are to be included in the agreement to arbitrate:

.1 All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;

.2 All then unresolved claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and

.3 Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule.

8.9 Appointment of Arbitrator

8.9.1 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute.

8.9.2 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 days of the notification of arbitration noted in paragraph GC 8.7.2, the Owner and the Contractor shall each chose an appointee with 37 days of the notice of arbitration.


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8.9.3 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which shall select an arbitrator to adjudicate the dispute within 7 days of being requested to do so.

8.9.4 The arbitrator shall not be interested financially in the Contract nor in either party’s business and shall not be employed by either party.

8.9.5 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant.

8.9.6 The hearing shall commence within 90 days of the appointment of the arbitrator.

8.10 Costs

8.10.1 The arbitrator’s fee shall be equally shared by the Owner and the Contractor.

8.10.2 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor.

8.10.3 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor.

8.10.4 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.

8.11 The Decision

8.11 The reasoned decision shall be made in writing within 90 days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with Part 5, Payment."

3.31 GC 9.1 - PROTECTION OF WORK AND PROPERTY

3.31.1 Delete subparagraph 9.1.1.1 in its entirety and replace it with new subparagraph 9.1.1.1:

"9.1.1.1 errors in the Contract Documents which the Contractor could not have discovered applying the standard of care described in GC 3.14 STANDARD OF CARE."

3.31.2 Amend paragraph 9.1.1.2 by adding the word, "negligent" at the beginning thereof.

3.31.3 Add new paragraphs 9.1.5 and 9.1.6 as follows:

"9.1.5 Without in any way limiting the Contractor's obligations under this GC 9.1, should the Contractor or any Subcontractor or Supplier cause loss or damage to trees or other plantings, whether owned by the Owner or third parties, the Contractor shall be liable for the replacement cost of the trees or other plantings damaged, including the cost of any arborist or other Consultant, and such costs may be deducted by the Owner from amounts otherwise owing to the Contractor.

9.1.6 The Contractor shall neither undertake to repair and/or replace any damage whatsoever to the Work of other Contractors, or to adjoining property, nor acknowledge the same was caused or occasioned by the Contractor, without first consulting the Owner and receiving written instructions as to the course of action


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to be followed from either the Owner or the Consultant. However, where there is danger to life or public safety, the Contractor shall take such emergency action as it deems necessary to remove the danger."

3.32 GC 9.4 - CONSTRUCTION SAFETY

3.32.1 Delete paragraph 9.4.1 in its entirety and substitute new paragraph 9.4.1:

"9.4.1 The Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work."

3.32.2 Add new paragraphs 9.4.2, 9.4.3 and 9.4.4:

"9.4.2 Prior to the commencement of the Work, the Contractor shall submit to the Owner:

.1 a current WSIB clearance certificate;

.2 documentation of the Contractor’s in-house safety-related programs;

.3 a copy of the Notice of Project filed with the Ministry of Labour naming itself as “constructor” under OHSA

9.4.3 The Contractor shall indemnify and save harmless the Owner, its agents, officers, directors, employees, consultants, successors and assigns from and against the consequences of any and all safety infractions committed by the Contractor under OHSA, including the payment of legal fees and disbursements on a solicitor and client basis. Such indemnity shall apply to the extent to which the Owner is not covered by insurance, provided that the indemnity contained in this paragraph shall be limited to costs and damages resulting directly from such infractions and shall not extend to any consequential, indirect or special damages.

9.4.4 The Owner undertakes to include in its contracts with other contractors and/or in its instructions to its own forces the requirement that the other contractor or own forces, as the case may be, will comply with directions and instructions from the Contractor with respect to occupational health and safety and related matters."

3.33 GC 10.1 - TAXES AND DUTIES

3.33.1 Add the following to the end of paragraph 10.1.1:

"Any Value Added Taxes (including Harmonized Sales Tax), where applicable, shall be listed as line items separate from the total Contract Price."


"Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties at the time of the bid closing shall increase or decrease the Contract Price accordingly. For greater certainty, the Contractor shall not be entitled to any mark-up for overhead or profit on any increase in such taxes and duties."

3.33.3 Add new paragraphs 10.1.3, 10.1.4, 10.1.5, and 10.1.6, as follows:

"10.1.3 Where the Owner is entitled to an exemption or a recovery of sales taxes, customs duties, excise taxes or Value Added Taxes applicable to the Contract, the Contractor shall, at the request of the Owner or the Owner's representative, assist with the application for any exemption, recovery or refund of all such


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taxes and duties and all amounts recovered or exemptions obtained shall be for the sole benefit of the Owner. The Contractor agrees to endorse over to the Owner any cheques received from the Federal or provincial governments, or any other taxing authority, as may be required to give effect to this paragraph.

10.1.4 The Contractor shall maintain accurate records of Construction Equipment, Product and component costs reflecting the taxes, customs duties, excise taxes and Value Added Taxes paid.

10.1.5 Any refund of taxes, including, without limitation, any government sales tax, customs duty, excise tax or Value Added Tax, whether or not paid, which is found to be inapplicable or for which exemption may be obtained, is the sole and exclusive property of the Owner. The Contractor agrees to cooperate with the Owner and to obtain from all Subcontractors and Suppliers cooperation with the Owner in the application for any refund of any taxes, which cooperation shall include but not be limited to, making or concurring in the making of an application for any such refund or exemption, and providing to the Owner copies, or where required, originals of records, invoices, purchase orders and other documentation necessary to support such applications or exemptions or refunds. All such refunds shall either be paid to the Owner, or shall be a credit to the Owner against the Contract Price, in the Owner's discretion. The Contractor agrees to enable, assist with and submit to any reasonable audit requested by the Owner with respect the potential refunds under this paragraph.

10.1.6 Customs duties penalties, or any other penalty, fine or assessment levied against the Contractor, shall not be treated as a tax or customs duty for the purpose of this GC 10.1"

3.34 GC 10.2 LAWS, NOTICES, PERMITS, AND FEES

3.34.1 Add to the end of paragraph 10.2.4, the following:

"The Contractor shall notify the Chief Building Official or the registered code agency where applicable, of the readiness, substantial completion, and completion of the stages of construction set out in the Ontario Building Code. The Contractor shall be present at each site inspection by an inspector or registered code agency as applicable under the Ontario Building Code."


"10.2.6 If the Contractor fails to notify the Owner and the Consultant in writing, fails to obtain direction as required in paragraph 10.2.5, and/or performs work that it knows or ought to have known that contravenes any laws, ordinances, guidelines, standards, permits, statutes, by-laws, rules, regulations, or codes, the Contractor shall be responsible for and shall correct the violations thereof, and shall bear the costs, expenses, and damages attributable to the failure to comply with the provisions of such laws, ordinances, guidelines, standards, permits, statutes, by-laws, rules, regulations, or codes, and, notwithstanding any limitations described in paragraph 12.1.1, shall indemnify and hold harmless the Owner and the Consultant from and against any claims, demands, losses, costs, damages, actions, suits or proceedings resulting from such failure or breach of law."

3.34.3 Add a new paragraph 10.2.8 as follows:

"10.2.8 Without limiting the generality of any other provision in the Contract Documents, the Contractor shall cause all certificates to be furnished that are required or given by the appropriate governmental or quasi-governmental authorities as evidence that the Work as installed conforms with the laws and regulations of any authorities having jurisdiction over the Place of the Work, including, without limitation, certificates of compliance for the Owner’s occupancy or partial occupancy. The certificates are to be final certificates giving complete clearance of the Work, in the event that such governmental or quasi-governmental authorities furnish such certificates."


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3.35 GC 10.3 PATENT FEES

3.35.1 Amend paragraph 10.3.1 by adding the words, "indemnify and" before the words, "hold the", in the second line.

3.35.2 In paragraph 10.3.2, add the words, "by the Owner", after the words, "supplied to the Contractor"

3.36 11.1 INSURANCE

3.36.1 Delete paragraph 11.1 in its entirely and replace it with the following:

"11.1 INSURANCE

11.1.1 Without restricting the generality of paragraph 12, Indemnification, the Contractor shall provide, maintain and pay for the insurance coverages listed in this General Condition under paragraphs 11.1.2, 11.1.3,11.1.4, and 11.1.5. Insurance coverage in paragraphs 11.1.6, and 11.1.7 will only apply when so specified in the Contract Documents.

11.1.2 Commercial General Liability Insurance

.1 Commercial General Liability Insurance shall provide that the policy:

a) is in the amount of Five Million Dollars ($5,000,000), per occurrence;

b) includes the Owner (City of Toronto), its Boards, Agencies and Commissions and subsidiary operations, as applicable, and the Consultant as additional insureds with respect to liability arising out of the operation of the insured for which a contract is issued by the Owner; and,

c) has provision for a cross liability and/or severability of interest, contractual liability, Owner's and Contractor's protective liability, broad form property damage, contingent/and or employer's liability, products and completed operations, non owned automobile liability and, if applicable to the insured operations as detailed in the Contract Documents, coverage for blasting, pile driving and collapse.

.2 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period set out in these General Conditions of Contract or as otherwise required by the Contract Documents.

.3 The Contractor shall maintain completed operations coverage for a period of six (6) years from Substantial Performance of the Contract, unless otherwise indicated in the Contract Documents. On an annual basis the contractor shall submit to the City a renewal Certificate or a replacement policy prior to the expiration date of the existing policy without notice or demand by the City. If the Contractor fails to do so, any limitation period for claiming indemnity described in the Contract Documents will not be binding on the Owner.

.4 "Claims Made" insurance policies will not be permitted.

11.1.3 All Risk Property Insurance (Builders' Risk or Installation Floater)

.1 The Contractor shall provide, maintain and pay for a policy of all risk property insurance. The policy shall be maintained from the commencement of Work until 10 days after Substantial Performance of the Work and shall be written on a replacement cost basis on all Products, supplies and equipment and/or systems, including boiler and machinery, if applicable, that forms part of the Work. The policy may be in the form of a Builder's Risk or Installation Floater, as appropriate to the Project. The Owner shall be included as an additional insured and a joint loss payee on the Builder's Risk Insurance Policy.


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11.1.4 Automobile Liability Insurance

.1 The Contractor shall provide, maintain and pay for a policy of automobile liability insurance in respect of all licensed owned/leased vehicles that will be utilized in the performance of the Work, unless otherwise required by the Contract Documents. This policy of automobile liability insurance shall have limits of not less than Two Million Dollars ($2,000,000).

11.1.5 Contractor's Equipment Insurance

.1 The Contractor shall provide, maintain and pay for a policy of all risks Contractor’s equipment insurance covering construction machinery and equipment used and owned by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels. This policy shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. Upon agreement of the Owner, approval may be provided to the Contractor to waive the equipment insurance requirement for the purpose of this Contract.

11.1.6 Contractor's Pollution Liability Insurance

.1 Where specified in the Contract Documents, the Contractor shall provide, maintain and pay for a policy of pollution liability insurance. The policy shall have a limit of not less than Two Million Dollars ($2,000,000) per claim limit. The policy shall cover third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from the Contractor’s operations and completed operations (i.e. Work performed). The policy shall be kept in force for 24 months from the date of Substantial Performance of the Work. The Owner shall be included as an additional insured on this policy.

11.1.7 Use and Occupancy of the Work Prior to Completion

.1 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance of the Work, the Owner will give 30 days’ written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage.

.2 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may decide in consultation with the Contractor.

11.1.8 Payment for Loss or Damage

.1 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Part 5.0. In addition the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work.


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.2 The Contractor shall be responsible for deductible amounts under the policies.

11.1.9 Insurance Requirements and Duration

.1 Unless specified otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until 10 days after the date of final acceptance of the Work, as set out in the Final Acceptance Certificate.

.2 Prior to commencement of the Work and upon placement and at renewal, amendment or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner with confirmation of coverage on the Owner’s certificate of insurance form or on a form acceptable to the Owner, without notice or demand by the Owner. The insurance documents shall be signed by the insurer or an authorized representative of the insurer.

.3 If the Owner receives notice of cancellation for nonpayment of the insurance premium, the Owner may, but is not obliged to, pay the premium of any policy of insurance required to be maintained herein and make a formal demand for reimbursement of such costs from the Contractor. If the Contractor fails to pay the cost of the insurance placed by the Owner within 15 days of the date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor.

.4 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature of the insurer or the underwriter or the broker.

.5 All insurance policies taken out by the Contractor shall be placed with insurers licensed to write business in the Province of Ontario.

.6 The insurance policies required pursuant to this clause shall be primary and shall not call into contribution any insurance available to the Owner.

.7 The amount of the deductible for the purpose of this Contract shall not be more than $25,000.00.

.8 The Contractor shall maintain such forms of insurance as the Owner, acting reasonably, may require from time to time, in amounts and for risks against which a prudent Contractor would insure."

.9 Each policy (except for the policy of automobile insurance required under section 11.1.4) shall contain an endorsement requiring the insurer(s) to notify the City of Toronto in writing, by registered mail, at least thirty (30) days, (fifteen (15) days if cancellation is due to non-payment of premium), prior to any cancellation of the Contractor’s insurance."

3.37 GC 11.2 – CONTRACT SECURITY

3.37.1 Add new paragraph 11.2.3 as follows:

“11.2.3 The premiums for the bonds required by the Contract Documents are included in the Contract Price."

3.38 GC 12.1 - INDEMNIFICATION

3.38.1 Delete paragraphs 12.1.1 through 12.1.6 and replace them with the following:

"12.1.1 The Contractor shall indemnify and hold harmless the Owner and each of the Owner's elected officials, officers, employees and agents (hereinafter referred to collectively as the “Indemnitees”) from and


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against all claims, demands, actions, suits or proceedings which may be brought against or made by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform any of its obligations under the Contract Documents.

12.1.2 The Contractor shall indemnify and hold harmless the Owner and the Indemnitees from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Product furnished by the Contractor under the Contract.

12.1.3.1 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, actions, suits or proceedings ("claims") in respect to claims against the Contractor by third parties that arise out of the Contractor's direct involvement in this Contract provided such claims are directly caused by the negligent act or omission of the Owner, and then only to the extent the loss or damage was caused by the Owner.

12.1.3.2 The Owner shall indemnify and hold harmless the Contractor, its agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of its obligations under the Contract Documents which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. The Contractor expressly waives the right to indemnity for claims other than those stated above.

12.1.4 The Contractor shall pay to the Indemnitees, or any of them, on demand any loss, costs, damages and expenses which may be sustained, incurred or paid by the Indemnitees, or any of them, in consequence of any such action, suit, claim, lien, execution or demand and any moneys paid or payable by the Indemnitees in settlement or in discharge or on account thereof. If the Contractor fails to make such payment, all such mentioned loss, costs, damages and expenses and all such moneys so paid or payable may be deducted from any moneys of the Contractor then remaining in the possession of the Owner on account of the Work or from moneys payable by the Owner to the Contractor on any account whatever or may be recovered from the Contractor or its Surety, as the case may be, in any court of competent jurisdiction as moneys paid at their request. The Contractor hereby authorizes and empowers the Owner or the Consultant as the case may be, or their Solicitor, for the time being, to defend, settle or compromise any of such actions, suits, claims, liens, executions or demands as the Owner or the Consultant, as the case may be, or their said Solicitor may deem expedient. The Contractor shall ratify and confirm all the acts of the Owner or the Consultant or their Solicitor in that behalf, and shall pay to such Solicitor on demand his or her reasonable costs of any such defense, settlement and/or compromise, and that in default of such payment the same may be deducted from any moneys payable by the Owner to the Contractor on any account whatever."

3.39 GC 12.2 - WAIVER OF CLAIMS

3.39.1 Amend paragraphs 12.2.1 through 12.2.10 as follows:

"GC 12.2 WAIVER OF CLAIMS

12.2.1 In the fourth line, add the words “claims for delay pursuant to GC 6.5 DELAYS, claims for an increase in the Contract Price, pursuant to GC 6.6 CLAIMS FOR A CHANGE IN THE CONTRACT PRICE” after the word “limitation”. Add the words “(collectively “Claims”)” after “Substantial Performance of the Work” in the sixth line.

12.2.1.1 Change the word “claims” to “Claims” and change the word “claim” to “Claim”.

12.2.1.2 Change the word “claims” to “Claims”.

12.2.1.3 Delete paragraph 12.2.1.3 in its entirety.


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12.2.1.4 Change the word “claims” to “Claims”.

12.2.2 Change the words “in paragraphs 12.2.1.2 and 12.2.1.3” to “in paragraph 12.2.1.2”. Change the word “claims” to “Claims” in both instances and change the word “claim” to “Claim”.

12.2.5 Delete the number "395" and substitute the number "760".

12.2.6 Change the word “claim” to “Claim” in all instances in the paragraph.

12.2.7 Change “The party” to “The Contractor". Change the word “claim” to “Claim” in all instances in the paragraph.

12.2.8 Change the word “claim” to “Claim” in all instances in the paragraph.



3.40 GC 12.3 – WARRANTY

3.40.1 Amend paragraph 12.3.1 by deleting the words, "one year", and replacing them with the words, "two years", and by adding the following at the end of the paragraph, "With respect to equipment installed at the request of the Owner, and successfully operating at its intended design capacity before completion of the work, the warranty period shall be two years from the date the equipment commenced its successful operations.

3.40.2 Amend paragraphs 12.3.3, 12.3.4, and 12.3.6 by deleting the words, "one year", and replacing them with the words, "two years".

3.40.3 Add the following clauses as 12.3.7, 12.3.8, and 12.3.9"

“12.3.7 Any Product or equipment requiring excessive servicing during the warranty period (or free maintenance period, if applicable) shall be considered defective and the warranty (or free maintenance period) shall be deemed to take effect from the time that the defect has been corrected so as to cause excessive servicing to terminate.

12.3.8 Following Substantial Performance of the Work, and without limiting the Contractor’s warranty under this GC 12.3, the Contractor shall assign to the Owner, to the extent assignable, the benefit of all warranties and guarantees relating to the Work. The assignment shall expressly reserve the right of the Contractor to make any claims under such warranties and guarantees and such assignment shall in no way prejudice any rights of or benefits accruing to the Contractor pursuant to such warranties and guarantees.

12.3.9 The provisions of the GC 12.3 – WARRANTY shall not deprive the Owner of any action, right or remedy otherwise available to the Owner for the Contractor’s failure to fulfill its obligations or responsibilities under the Contract and shall not be construed as a waiver of claims in favour of the Contractor or as a limitation on the time in which the Owner may pursue such other action, right or remedy. The warranties set out in the Contract are not supplemental to and do not limit or preclude the application of any other conditions and warranties, express or implied, by law or trade usage.”

PART 13 - OTHER PROVISIONS

3.41 Add New PART 13 As Follows:

"GC 13.1 - OWNERSHIP OF MATERIALS


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13.1.1 Unless otherwise specified, all materials existing at the Place of the Work at the time of execution of the Contract shall remain the property of the Owner. All Work and Products delivered to the Place of the Work by the Contractor shall be the property of the Owner. The Contractor shall remove all surplus or rejected materials as its property when notified in writing to do so by the Consultant.

GC 13.2 - CONSTRUCTION LIENS

13.2.1 In the event that a written notice of lien is delivered to the Owner in respect of the Project by or through a Subcontractor or Supplier, and provided the Owner has paid all amounts properly owing under the Contract, the Contractor, at its own expense and within ten (10) days, shall ensure that such written notice of lien is withdrawn in writing.

13.2.2 In the event that the Contractor fails to conform with the requirements of 13.2.1, the Owner may set off and deduct from any amount owing to the Contractor, all costs and associated expenses, including legal fees and disbursements reasonably incurred to secure a written withdrawal of the notice of lien. If there is no amount owing by the Owner to the Contractor, then the Contractor shall reimburse the Owner for all of the said costs and associated expenses.

GC 13.3 - CONTRACTOR DISCHARGE OF LIABILITIES

13.3.1 In addition to the obligations assumed by the Contractor pursuant to GC 3.7, the Contractor agrees to discharge all liabilities incurred by it for labour, materials, services, Subcontractors and Products, used or reasonably required for use in the performance of the Work, except for amounts withheld by reason of legitimate dispute and which have been identified to the party or parties, from whom payment has been withheld.

GC 13.4 – DAILY REPORTS/DAILY LOGS

13.4.1 The Contractor shall cause its supervisor or such competent person as it may delegate, to prepare a daily log or diary reporting on weather conditions, work force of the Contractor, Subcontractors, Suppliers and any other forces on site and also record the general nature of Project activities. Such log or diary shall also include any extraordinary or emergency events which may occur and also the identities of any persons who visit the site who are not part of the day-to-day work force.

13.4.2 The Contractor shall also maintain records, either at its head office or at the job site, recording manpower and material resourcing on the Project, including records which document the activities of the Contractor in connection with GC 3.5, and comparing that resourcing to the resourcing anticipated when the most recent version of the schedule was prepared pursuant to GC 3.5. The Contractor shall make these records available to the Owner and/or the Consultant for inspection, upon reasonable notice.

GC 13.5 - PUBLIC STATEMENTS

13.5.1 The Contractor shall not publish, issue or make any statements or news release, electronic or otherwise, concerning the Contract, the Work, or the Project, without the express written consent of the Owner."

GC 13.6 OWNER'S SET-OFF

13.6.1 In addition to and without limiting any other rights the Owner may have under this Contract and at law, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties, undetermined claims by the Owner, and any assessment due the Workplace Safety and Insurance Board.

END OF SUPPLEMENTARY CONDITIONS


Page 5-2.78 of 131

Section 5A – Specific Conditions of Contract Tender Call No. 267-2015 Contract No. N/A


Table of Contents Page No. 5 – 1. Specification Reference Numbers ......................................................................................... 2

2. Emergency During Construction ........................................................................................... 2

3. Workplace Safety And Insurance Act .................................................................................... 2

4. Occupational Health And Safety Act ..................................................................................... 2

5. Organization Of Work And Work Restrictions ....................................................................... 7

6. Other Contractors .................................................................................................................. 7

7. Contractor's Liability .............................................................................................................. 8

8. Pre-Construction Survey And Layout .................................................................................... 8

9. Disposal Of Surplus Excavated Material And Removals....................................................... 8

10. Smog Alert Response Plans ................................................................................................. 9

11. Security ............................................................................................................................... 10

12. Material And Truck Weighing .............................................................................................. 10

13. Noise Regulations ............................................................................................................... 11

14. Fair Wage And Labour Trades Policy ................................................................................. 11

15. Liquidated Damages ........................................................................................................... 11

16. Spills Reporting ................................................................................................................... 12

17. Taxes .................................................................................................................................. 12

18. Insurance ............................................................................................................................ 12

19. Service Standards for Contractors in Responding to Third Party Claims ............................ 12

20. Contract Documents ........................................................................................................... 14

21. Order of Precedence ........................................................................................................... 14

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1. Specification Reference Numbers

All index and reference numbers in the Tender Submission Package, Plans and/or Specifications, or Index are given for the convenience of the Contractor and as such must be taken only as a general guide to the items referred to. It must not be assumed that such numbering is the only reference to each item, but the Contract as a whole must be fully read in detail for each item.

2. Emergency During Construction

The Contractor is requested to furnish the phone number and name of a representative who can be contacted on a 24 hour basis in case of emergency during construction, upon request by the Consultant after the award of the Contract. Those nominated shall have a cellular phone and/or pager to ensure that potential contact with them can be sustained over 24 hours, seven days a week throughout the duration of the Contract.

3. Workplace Safety And Insurance Act

Before commencing Work the Contractor shall provide the City with a valid clearance certificate from the Workplace Safety & Insurance Board (WSIB), and shall continue to provide valid clearance certificates from the WSIB for the duration of the Contract. Prior to the release of final monies owing by the City of Toronto, the Contractor will be required to produce a certificate issued by the Board to the effect that it has paid in full their assessment based on a true statement of the amount of payrolls. If such a certificate cannot be provided because the Contractor is considered by WSIB to be an independent operator without coverage, a letter to this effect from the WSIB shall be provided by the Contractor.

4. Occupational Health And Safety Act

4.1 Nothing in this section shall be deemed or construed as making the City the

"employer" of any workers employed or engaged by the Contractor to perform the Work and/or supply services to the project, including any part thereof, or the "constructor", either instead of or jointly with the Contractor. “Employer” and “constructor” shall have the same meaning as in section 1 of the Occupational Health and Safety Act, R.S.O. 1990, Chapter O.1, as amended from time to time, including any regulations thereunder and successor legislation (hereinafter collectively referred to as the “OHSA”).

4.2 Unless specifically advised otherwise in writing by the Consultant or otherwise

directed by the Ministry of Labour, where the Work consists of or includes construction, the Contractor shall for the purposes of the OHSA be deemed, construed and designated as the "constructor" for the project comprising the Work and shall:

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(a) assume all of the responsibilities of that constructor as set out in the OHSA and its regulations including, without restricting the generality of the foregoing, (i) registration as a constructor with the Director of the Construction

Health and Safety Branch in accordance with the OHSA and, in particular section 5 of Regulation 213/91 or any successor provision;

(ii) posting/compliance with any applicable notice-filing and notice-posting/availability requirements of the OHSA and, in particular section 6 of Regulation 213/91 under or any successor provision;

(b) provide the City with adequate written proof of the registration referred to in subsection (a) (i) of this section before commencing the Work; and

(c) where the notice requirements referred to in subsection (a) (ii) of this section are applicable, provide a copy of such notice to the City concurrently with the filing thereof pursuant to the OHSA.

4.3 In accordance with the OHSA, as amended, a list of designated substances

found at the project site is appended to hereto under Section 4 – Scope of Work and forms part of this Contract.

4.4 The Contractor shall ensure that each prospective subcontractor engaged by the

Contractor for the project has received a copy of the list of designated substances that are present at the site, provided to the Contractor by the City, before each prospective subcontractor enters into a binding contract for the supply of Work on the project, and the Contractor shall perform all other obligations as the constructor under the Contract and for the project.

4.5 The Contractor shall conform to and enforce strict compliance with the OHSA

including, without restricting the generality of the foregoing, the Contractor's duties and obligations as an "employer" under section 25 and 26 thereof, and OHSA regulations with respect to construction, designated substances and asbestos. “Designated substance” and “hazardous material” shall have the same meaning as in the OHSA.

4.6 The Contractor shall:

(a) ensure that no work will commence, and that those engaged by the

Contractor are aware of and comply with the requirements of the OHSA and shall not commence work, without first reporting their arrival and intent at the Work site on the first day to the Consultant;

(b) establish and maintain at each Work site, in a manner easily available to all workers, other staff and authorized City staff, a copy of all relevant Material Safety Data Sheets (“MSDS”);

(c) deliver to the Consultant a list of all designated substances and a copy of the MSDS for each hazardous material, both as defined in the OHSA, that will be brought to the Project site and/or used in the performance of the Work, no later than Five (5) working days following execution of the Contract and at least Ten (10) working days prior to commencement of the Work;

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(d) not bring onto the Work site any designated substance or hazardous material without the prior written authorization of the Consultant;

(e) strictly conform to and comply with, all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority pertaining to lead and any other designated substance(s) or hazardous material(s), including without limitation, the OHSA and all regulations thereunder, and also cause its subcontractors to do so;

(f) submit to the Consultant a copy of the Notice of Project issued to the Ministry of Labour;

(g) should the Contractor be issued a notice/directive as either an "order to comply" or a "stop work order", immediate corrective measures shall be taken by the Contractor. A copy of the notice/directive shall be delivered to the Consultant immediately.

(h) promptly report to the Consultant all accidents involving personal injury or property damage that occur in connection with the work; and

(i) take all steps necessary to prevent the spread of lead-containing dust/particles and any other designated substance(s) or hazardous material(s) from the Work site when performing Work involving, but not limited to, lead-containing paint, and to protect the Contractor, those engaged by the Contractor in performance of the Work, City employees and all others, including the general public, likely to be at or near the Work site.

4.7 Where the Work includes removal of asbestos, the Contractor shall:

(a) conform to and enforce strict compliance with all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority governing workplace safety or asbestos on construction projects and in building and repair operations with respect to the removal of asbestos, air testing and removal of barriers, including without limitation, OHSA Reg. 278/05 (Designated Substance --- Asbestos on Construction Projects and in Buildings and Repairs Operations), hereinafter referred to as the “Asbestos Regulation”, as may be amended from time to time;

(b) ensure, through appropriate air testing and such other measures as may be appropriate and necessary, that the Work site and adjacent areas not been contaminated with asbestos during the performance of the Work; and

(c) prior to dismantling any barriers erected to contain asbestos and asbestos-containing materials, the Contractor shall provide written confirmation to the Consultant that, after conducting proper air testing and other due diligence measures, the area is safe in accordance with the requirements of the OHSA.

4.8 Asbestos

4.8.1 If, during the course of the Work, the Contractor or any of the subcontractors or suppliers engaged by the Contractor, disturb material that is believed to be

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asbestos containing material, separate and apart from asbestos abatement work forming part of the Contract, the Contractor shall act in strict compliance with the OHSA, including but not limited to the Asbestos Regulation, and without limiting the generality of the foregoing, shall:

(a) Stop work and evacuate the area where the asbestos containing

material is believed to have been disturbed and take all precautions or actions mandated by the OHSA and notify the City immediately;

(b) Notify the Consultant via telephone, with written notification to follow as soon as possible; and

(c) Refrain from entering the work area for any reason whatsoever until safe to do so, in accordance with the requirements of the OHSA and, prior to re-entry, notify the Consultant for approval to recommence Work.

4.8.2 The Contractor shall ensure that all employees, including the employees of

any subcontractors, are trained on the City’s asbestos management program (the “Program”) prior to the commencement of the work. The training will include the specific requirements of the Program and the record containing the City’s inventory report, including,

(a) the location of all asbestos containing material described in the record

for the work location, including drawings, plans and specifications; (b) whether the material is friable or non-friable; (c) a description of the condition of the material.

4.8.3 Prior to the commencement of the Work, the Contractor shall confirm to the City in writing that the training described in section 4.8.2 has been completed.

4.8.4 The Contractor shall ensure that all employees, including the employees of

any subcontractors, are trained on the City’s asbestos report prepared in accordance with section 10 of the Asbestos Regulation. The training shall include the specific requirements of the report including,

(a) the location of all asbestos containing material described in the record

for the work location, including drawings, plans and specifications; (b) whether the material is friable or non-friable; (c) a description of the condition of the material.

4.8.5 Prior to the commencement of the work, the Contractor shall confirm to the City in writing that the training described in paragraph 4.8.4 has been completed.

4.9 The Contractor shall use all reasonable and due care to avoid spilling or

disturbing any designated substance(s) or hazardous material(s) of which the City notifies the Contractor are or may be on the site; and shall not remove or interfere with any designated substance(s) or hazardous material(s) except in full compliance with the OHSA and, after notifying the Consultant, being authorized to do so by the Consultant. The Contractor shall, following discovery that any

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designated substance or hazardous material has been removed or interfered with other than in compliance with this subsection, forthwith report same to the Consultant and ensure that no further such non-complying removal or interference occurs.

4.10 Where the Contractor encounters designated substance(s) or hazardous

material(s) at the site or has reasonable grounds to believe that designated substance(s) or hazardous material(s) are or may be present at the site, the Contractor shall take all reasonable steps as deemed necessary to comply with the OHSA, including stopping the Work, to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of such substance(s) or material(s), and immediately report the circumstances to the Consultant and any other appropriate authority, in writing. Where there is a delay by reason of so doing, the Contractor shall be entitled to its reasonable costs, to the extent directly incurred by reason of that delay and directly related to designated substance(s) or hazardous material(s) which existed at the site prior to the commencement of the Work which were not disclosed by the City.

4.11 Authorized representatives of the City shall, at all times, have access to the Work

site to monitor the Contractor’s compliance with the terms of the Contract. 4.12 During the course of the Work, the Contractor shall furnish forthwith to the City of

Toronto Health and Safety Manager, via the Consultant, a copy of all correspondence, reports, compliance orders or charges arising from or issued in respect to the requirements of the OHSA which are received or which come to the notice of the Contractor that apply or are relevant to any of the Work or activities conducted under the terms of the Contract.

4.13 Without limiting any other right, remedy or privilege of the City under this

Contract or otherwise provided by law, statute or in equity, where the Contractor has failed to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of the Contractor, whether express or implied, the City shall have the right to:

(a) Require the Contractor to remedy such default, by the removal of any

workers from the Work that fail to comply with the OHSA (or any other health and safety plan, policy or program requirement of the Contract) or the taking of such other measures as may be necessary to remedy such default;

(b) Suspend or Stop the Work; (c) Cancel or Terminate the Contract; and/or (d) Exercise any other right, remedy or privilege available to the City for

default or breach of this Contract available under the terms of this Contract, or may be available in law, by statute or in equity.

4.14 In the event that the City exercises the right to suspend or stop the Work or an

affected part thereof, as a result of the failure by the Contractor to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of

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the Contractor, such Work or part thereof shall not resume until any such violation has been completely rectified to the satisfaction of the Consultant.

4.15 The Contractor shall be responsible for any delay in the progress of the Work as

a result of any violation of a health and safety requirements of any federal, provincial or municipal governmental authority, it being understood that no such delay shall be deemed or construed as an "Unavoidable Delay" for the purposes of extending the time for performance for the Work or entitling the Contractor to additional compensation whatsoever, and the Contractor shall take all necessary steps to avoid delay in the final completion of the Work without additional cost to the City. The City shall not be responsible for any compensation, expense or liability resulting from any such delay.

4.16 Nothing in this Contract shall be construed as requiring the City to monitor or

approve the workplace health and safety practices of the Contractor. The City shall not be liable to any person by reason of a breach by the Contractor or any subcontractor of any applicable health and safety standard or requirement.

5. Organization Of Work And Work Restrictions

Before work commences, the Contractor shall expedite the ordering and delivery of all materials and equipment required, and shall co-ordinate the sequence of the work stages. No claim shall be allowed for delays and/or additional expense resulting from failure to order and accept the delivery of materials from suppliers in a timely manner and subsequent failure to maintain the contract schedule. It is the Contractor's responsibility to implement all required measures (e.g. fences, enclosures, etc.) in order to strictly control the pedestrian traffic in the construction area and to prevent any pedestrian approaching into the areas of construction hazard, or any other dangerous area. The Contractor shall be attentive to the needs of pedestrians that are visually or physically impaired, and the Contractor must be prepared at all times to assist in the safe and comfortable passage of these pedestrians. The Contractor shall note that a number of existing utilities and services are located below the area of reconstruction and others in the near vicinity. The Contractor shall examine the site to identify potential problems associated with the accessibility, transportability and constructability of their proposed methods.

6. Other Contractors

The Contractor is advised that existing utility relocation and other work, survey, testing, sampling and quality control estimates may take place within the construction limits prior to and possibly during the work to facilitate the new construction. The Contractor shall co-ordinate its activities with those of any particular utility, testing companies, City crew and other contractor working within the project construction limits at a particular work location in order that all work can take place expeditiously and without conflict.

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There shall be no consideration for additional payment to the Contractor related to work activity co-ordination as described above.

7. Contractor's Liability

The Contractor will be held responsible by the City of Toronto for damages caused by the Contractor's work to utilities, properties, structures near to or in the general area of the Work, through the Contractor's or its sub-contractor's intentional or negligent action or omission, or through settlement of ground, vibration or shock etc., resulting from causes relating to the Work performed under the Contract. Additionally, the Contractor will be required to make good all damage at its expense and to the satisfaction of the Consultant.

8. Pre-Construction Survey And Layout

8.1 Pre-Construction Survey

The City shall perform a pre-construction survey to identify property bars, and to establish baselines and benchmarks necessary for the delineation of Working Area and layout of the Works. Notwithstanding, the City may request the Contractor to perform the pre-construction survey. In which case, compensation for the service shall be determined on a time and materials basis in accordance with GC 6.2.4.

8.2 Layout

The City shall perform the layout of the Works in this Contract. Notwithstanding, the City may request the Contractor to perform the Layout of the Works. In which case, compensation for the service shall be determined on a time and materials basis in accordance with GC 6.2.4.

9. Disposal Of Surplus Excavated Material And Removals

All surplus excavated materials, removals, grindings and all other debris, including that from sewer flushing and catch basin cleaning, shall be disposed of, off site. No separate payment shall be made for the costs associated with this work. The City of Toronto will not make arrangements for the disposal of surplus materials or supply bills of lading. The Contractor shall assume full ownership of the surplus excavated material and shall be solely responsible for its removal and disposal. The Contractor shall indemnify and hold harmless the City and each of its elected officials, officers, employees and agents from and against all claims, demands, actions, suits or proceeding which may arise in connection with the excavated material and the handling and disposal thereof.

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The Contractor shall comply with the requirements of all Federal, Provincial and Municipal Laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract. Stockpiling of excavated material within the City street allowance is not permitted. The Contractor shall dispose of all excavated material off site immediately upon removal. No additional payment will be made for costs incurred as a result of this requirement.

10. Smog Alert Response Plans

The Contractor, when notified by the Consultant that the City’s Smog Alert Response Plan has been implemented, shall, where applicable:

suspend use of oil based products except for roadway line painting required to address safety concerns or to reduce traffic congestion;

suspend all pesticide spraying; suspend grass cutting operations; not allow refuelling during daytime hours; not permit equipment and vehicle idling; curtail the use of two-stroke engines as much as practical; suspend normal street sweeping of all roadways during daytime hours except

where there is an urgent need for clean-up, i.e. following a special event such as Caribana;

suspend the operation of loop cutting tar pots; and suspend any non-essential planned traffic control device installation or

modification work which will require lane closures or require complete deactivation of the traffic control device. Work that is required to address safety concerns or to reduce traffic congestion may continue.

Asphalt paving operations using SS-1 tack coat (water based) may continue. A Smog Alert may be preceded by a Smog Watch. A Smog Watch is issued when there is a 50 percent chance that a smog day is coming within the next three (3) days. The Contractor shall not be entitled to any additional payment or extension of Contract Time due to the implementation of the Smog Alert Response Plans. Notwithstanding the above, if it is necessary and the Consultant ordered the suspension of paving operations, payment and/or extension of the Contract for the suspension of asphalt paving operations shall only be made if notification by the Executive Director or General Manager to suspend work is made in less than four hours prior to starting of such operations, and if such suspension has detrimentally impacted on the Contractor's work schedule. The Contractor shall provide supporting documentation identifying the impact and associated fair and reasonable costs and any delay in accordance with the General Conditions of Contract Part 6. Payment for this work, at actual costs incurred, shall be made under the appropriate provisional item(s) identified in the Pricing Form and in accordance with the General Conditions of Contract 6.2.4 Payment on a Time and Material Basis with the exception of any mark ups.

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11. Security

The Contractor shall be responsible for the security of the work of this Contract from the time the job site is turned over to him until all work has been completed. The Contractor shall take all necessary precautions to ensure that the construction site does not pose a hazard to the public for the duration of the project. Appropriate safety and warning signs must be posted. All such site security measures shall be removed from the site at the completion of the project. The Contractor shall supply an Emergency Call Sign that shall be posted in a prominent area. The sign shall conform to City's standard drawing T-216.02-24 No additional separate payment will be made for such work and provisions.

12. Material And Truck Weighing

The City reserves the right to randomly verify the quantity of materials supplied in connection with this Contract. Prior to unloading of materials that are priced on a unit weight basis (“unit weight materials”), the weight tickets must be provided to the Consultant (or in their absence, the City’s inspector). Material weight tickets that are not provided to the Consultant or the City’s inspector prior to unloading will not be accepted later for payment. When directed by the Consultant or the City’s inspector, trucks carrying unit weight materials shall proceed immediately to a City’s weighing facility as specified by the Contractor Administrator or the inspector. After passing through the City’s weight scale and unloading the materials, the empty truck shall return to the same facility to verify the vehicle tare if so directed by the Consultant or the City’s inspector. Should the weight verification show that the verified weight of the material is less than what is shown on the Contractor’s weight ticket by more than 1.0%, the payment for the affected load shall be made based on the weight measured by the City’s weighing facility. City staff will also adjust the method of measurement for all following loads that are not weight-verified but have been delivered to the site before a new weight verification process can prove the Contractor had rectified the weight inconsistency. The weight of the following loads will be adjusted based on an adjustment factor determined from the most recently weight-verified load The City will not compensate contractors for any cost associated with the weight verification process.

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13. Noise Regulations

The Contractor shall comply with all City noise bylaws. In addition, the Contractor shall ensure the following:

Equipment shall be maintained in an operating condition that prevents unnecessary noise, including but not limited to proper muffler systems, properly secured components and the lubrication of all moving parts; and

Idling of equipment shall be restricted to the minimum necessary for the proper performance of the specified work.

14. Fair Wage And Labour Trades Policy

The Contractor and all associated subcontractors, shall be subject to the City's Fair Wage Policy and Labour Trades Obligations, as adopted by the City from time to time, and any of the City's or legislated labour trades requirements. Failure to comply with this policy and/or these requirements, may lead to termination of the Contract, or termination or rejection of a subcontractor, as the case may be, with no recourse by the Contractor in respect of such termination or rejection. The Fair Wage Schedule that is applicable to this Contract is set out in Section 2 – Information for Bidders – of this Tender Call.

15. Liquidated Damages

The Contractor recognizes and agrees that the City will suffer financial loss if Substantial Performance of the Contract is not attained within the time specified in this Contract. The Contractor also recognizes the delays, expenses and difficulties involved in proving the actual loss suffered by the City if Substantial Performance of the Contract is not attained on time. Accordingly, instead of requiring any such proof, the Contractor agrees that as liquidated damages for delay (but not as penalty) the Contractor shall pay to the City the sum of $1,000.00 (ONE THOUSAND DOLLARS) per day as liquidated damages for each and every calendar day’s delay from the specified time for the attainment of Substantial Performance of the Contract until Substantial Performance of the Contract is attained, and it is further expressly acknowledged and agreed by the Contractor that:

(a) this amount is a reasonable estimate of the actual damage that will be incurred by the City due to any failure to attain Substantial Performance of the Contract within the time required by this Contract;

(b) the City may deduct the amount due under this section from any monies that may be due or payable to the Contractor, whether under this Contract or any other agreement; and,

(c) the liquidated damages provided for in this section shall be without prejudice to any other remedy to which the City is entitled at law or in equity.

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16. Spills Reporting

Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Consultant. Spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990, c. E.19, as may be amended. All spills or discharges of liquid, other than accumulated rain water, from luminaries, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCBs and shall forthwith be reported to the Consultant. This reporting will not relieve the Contractor of its legislated responsibilities regarding such spills or discharges.

17. Taxes

Harmonized Sale Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in the call. HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the Price Schedule and any subsequent invoices.

18. Insurance

This clause is supplementary to 3.36 (paragraph 11.1 Insurance) of the Supplementary

Conditions in Section 5. The limit of Commercial Liability Insurance is $5,000,000 as specified in paragraph

11.1.2

The limit of Automobile Liability Insurance is $2,000,000 as specified in paragraph 11.1.5

Contractor's Pollution Insurance is $2,000,000 as specified in paragraph 11.1.6.

19. Service Standards for Contractors in Responding to Third Party Claims

1. Without limiting the obligations of the Contractor under section 2, the Contractor, or the Contractor's insurer, shall:

(a) respond to all third party claimants in a timely manner, (b) ensure that third party claimants are provided with accurate information about

the status of their claim, and

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(c) where appropriate, notify third party claimants of the relevant activity on their claims and provide them with information.

2. (1) If the Contractor receives notice of a third party claim from a claimant relating

to or arising out of the Contract, the Contractor shall immediately forward the notice of claim to the City Clerk's office at [email protected].

(2) Once the Contractor receives notice of a third party claim from the City's

adjuster, relating to or arising out of the Contract, the Contractor, or the Contractor's insurer, shall:

(a) within 5 Working Days of receiving notice of the claim, send a letter to the

claimant acknowledging receipt of the claim and provide the claimant with the contact information of the Contractor's Superintendent, or another person representing the Contractor, to whom the claimant can refer questions regarding the claim.

(b) conduct an investigation of the claim and make a decision regarding the claim that is based on a proper consideration of the facts.

(c) within 25 Working Days of receiving notice of the claim, provide the claimant with a letter advising of the results of the investigation and clearly explaining the Contractor's decision regarding the claim or should the contractor require the involvement of their insurance company to resolve the claim, this shall be forwarded to the insurance company and the claimant notified within the allotted time above.

An extension of time for responding to the claimant may be provided in writing by the Consultant, if the Contractor or the Contractor's insurer, in writing, provides the Consultant with a request for an extension as well as the reasons for the extension. In considering whether to provide an extension under this section, the Consultant shall consider the Contractor's, or the Contractor's insurer's, reasons for the request and all of the surrounding circumstances including good customer service standards. Once the contractor forwards the claim to their respective insurer, the resolution of the claim shall follow the insurance industry standards for claim investigation.

(3) If an extension of time is provided under subsection 2(2), the Contractor, or

the Contractor's insurer, shall write to the claimant advising that the investigation is on-going, advise of the date by which the Contractor or its insurer will report the results of the investigation to the claimant, and explain the reasons why additional time is required to make a decision on the claim.

(4) A copy of all letters sent to the claimant by or on behalf of the Contractor, including letters sent by the Contractor's insurer, pursuant to this section shall be copied to the Consultant, and the City's adjuster.

3. (1) If the Contractor fails to meet any of its obligations under section 1 or 2, the City

shall provide the Contractor with notice that these obligations must be fulfilled.

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(2) If the Contractor does not meet its obligations under section 1 or 2 within 5 Working Days from receipt of the notice provided to the Contractor pursuant to subsection 3(1), the City may hold back an amount of $10,000.00 from monies payable to the Contractor under this Agreement.

(3) Subject to its right to exercise any other right of hold back or set-off, including

the City's rights under Supplementary GC 13.6.1, the City will release the monies held back pursuant to subsection 3(2) once it has received evidence that the Contractor has sent the claimant a letter(s) in accordance with subsections 2(2)(a) and (c).

4. Where appropriate, the Contractor shall ensure its insurer takes all of the

appropriate steps to meet the obligations under sections 1 to 3, failing which the Contractor shall be responsible for undertaking these obligations itself.

5. The Contractor shall provide to the City monthly updates on the status of all third

party claims received until claim resolution.

20. Contract Documents

Supplementary Condition 1.1.1 is deleted and replaced with:

1.1.1 Amend paragraph 3.1 by adding the following after the words, "The General Conditions of the Stipulated Price Contract":

- These Supplementary Conditions

-The Specific Conditions, if any

-Drawings

-Specifications

-any addenda to the tender call for the Contract

- the tender call for the Contract

21. Order of Precedence

Supplementary Condition 3.1.1 is deleted and replaced with:

3.1.1 Delete paragraph 1.1.7.1 in its entirety and replace it with new paragraph 1.1.7.1:

"1.1.7.1 If there is a conflict within the Contract Documents, the order of priority of documents, from highest to lowest, shall be:

highest to lowest, shall be:

a. any amendment to the agreement between the Owner and the Contractor,

b. the Agreement between the Owner and the Contractor, as amended by these Supplementary Conditions and any Specific Conditions

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c. the Definitions,

d. any Addenda to the Tender Call for the Contract,

e. the Tender Call for the Contract,

f. Contractor's Bid,

g. the General Conditions,

h. Division 1 of the Specifications,

i. Technical Specifications,

j. Material and Finishing Schedules,

k. The Drawings".

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Section 6 – Contract Execution Package Tender Call No. 267-2015 Contract No. N/A


Note

Bidders are not required to complete the following listed documents as part of the Bid Submissions.

The Successful Bidder shall complete these documents upon notification by the City.

CCDC 2-2008 STIPULATED PRICE CONTRACT

CCDC 221-2002 PERFORMANCE BOND

CCDC 222-2002 LABOUR & MATERIAL PAYMENT BOND (Trustee Form)

WSIB & TAX STATUTORY DECLARATION

INSURANCE CERTIFICATE

DECLARATION OF COMPLIANCE WITH ANTI-HARASSMENT/DISCRIMINATION LEGISLATION & CITY POLICY FORM

SUPPLEMENTARY STATUTORY DECLARATION FOR OHSA

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Section 6 – Contract Execution Package CCDC 2-2008 STIPULATED PRICE CONTRACT



CCDC 2-2008 STIPULATED PRICE CONTRACT

CCDC 2 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase at http://www.ccdc.org/WhereToBuy/WhereToBuy.html

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Section 6 – Contract Execution Package CCDC 221-2002 PERFORMANCE BOND



CCDC 221-2002 PERFORMANCE BOND


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Section 6 – Contract Execution Package CCDC 222-2002 LABOUR & MATERIAL PAYMENT BOND (Trustee Form)



CCDC 222-2002 LABOUR & MATERIAL PAYMENT BOND (Trustee Form)


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Section 6 – Contract Execution Package WSIB & Tax Statutory Declaration Form



CANADA, ) IN THE MATTER OF the annexed Agreement PROVINCE OF ONTARIO, ) made between JUDICIAL DISTRICT OF YORK ) ) ) ) – and – ) ) THE CITY OF TORONTO ) ) this day of , 20 . ) with respect to ) I, , of the CITY / TOWN / VILLAGE of in the Province of , do solemnly declare as follows: 1. I am of (If an incorporated Company, state" President", (Company Name) “Secretary”, or as the case may be) referred to above (hereinafter called “the Contractor”), and as such have knowledge of

the matters hereinafter declared to. 2. The Contractor has paid all assessment or compensation payable to the Workplace

Safety and Insurance Board as provided for in the article of the General Conditions entitled “Certification and Payment”, attached to the said Agreement.

3. The Contractor has paid all taxes and/or penalties imposed on it by the Corporation Tax

Act, R.S.O. 1990, c. C.40, as may be amended. AND I 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. DECLARED before me at } } the of } } in the City of Toronto } } this day } Signing Officer of Company } of 20 }


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Section 6 – Contract Execution Package Insurance Certificate



INSURANCE CERTIFICATE

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Page 6-8

Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy

Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity. The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council. Declaration:

I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract. Name of Vendor or Name of Grant Applicant (Organization or Individual): Complete Address: Email _____________________________ Tel. No. ____________________________ Postal Code: Fax No. ____________________________ Name of Signing Officer or Name of Applicant (Name – please print): Position

Signature: Date: Authorised Signing Officer or Individual

Multilingual Services: 311 and TTY 416-338-0889.Further information: www.toronto.ca/diversity.ca

Gro

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Section 6 – Contract Execution Package Supplementary Statutory Declaration Form for Occupational Health and Safety



SUPPLEMENTARY STATUTORY DECLARATION FORM FOR OCCUPATIONAL HEALTH AND SAFETY

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Section 6 – Contract Execution Package Supplementary Statutory Declaration with Asbestos Awareness Training


PMMD Construction - V 1.0 – May 20, 2011

DOMINION OF CANADA } IN THE MATTER of a proposed Contract for } PROVINCE OF ONTARIO } } JUDICIAL DISTRICT } } OF YORK; } } TO WIT: } Contract No.

as hereinbefore described on the first page of the Tender.

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 Contractor herein.

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

I am the Contractor herein contracted to carry out the work under contract no. ____ and I carry on business at


there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THIS PARAGRAPH

We are the Contractors contracted to carry out the work under Contract no.____ and we carry on business at

in partnership, under the name of

and (state firm name)

we are the only members of such partnership.

Working Near Asbestos

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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 Contractor and its proposed Subcontractors

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

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

c) Have put into effect all programs and plans related to confined spaces as required by the regulations under the OHSA.

d) Have put into effect all programmes relating to designated substances as required by the regulations under the OHSA.

4. Without limiting the generality of the foregoing, the Contractor’s supervisors have received, in addition to Asbestos Awareness Training set out in 3(b), a program of Asbestos Management Training which meets the requirements of Ontario Regulation 278/05 (Designated Substances – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “B”.

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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 }


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APPENDIX “A”

“ASBESTOS AWARENESS TRAINING” history of asbestos and asbestos-containing materials how to identify asbestos the hazards of asbestos exposure methods of controlling asbestos hazards the use, care and disposal of protective equipment and clothing to be used and worn

when doing the work use and maintenance of respiratory protective equipment (RPE) personal hygiene to be observed when doing the work Ontario legislation regarding asbestos the measures and procedures prescribed by the Occupational Health and Safety Act and

Ontario Regulation 278/05 regarding asbestos overview of Type 1, Type 2 and Type 3 abatement methods and procedures Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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APPENDIX “B”

“ASBESTOS MANAGEMENT TRAINING” Occupational Health and Safety Act and Regulations and Ontario Regulation 278/05

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

enclosure, removal Asbestos Waste Disposal Environmental Protection Act

Ontario Regulation 347 Packaging Waste Transporting Asbestos Legislation Requirements General Respirator Limitations Types of Respirators Parts of a Respirator Visual Inspection

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Fit Checks Particulate Filters General Guidelines for Abatement Activities Classifying Activities Work Procedures – Type 1, Type 2 and Type 3 abatement methods and procedures Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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Section 7 – City Policies Tender Call No. 267-2015 Contract No. N/A

SECTION 7 – CITY POLICIES

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Section 7 – City Policies Tender Call No. 267-2015 Contract No. N/A

City of Toronto Accessible Customer Service Training Requirements: Contractors, Consultants and other Service Providers

(Accessibility Standard for Customer Service, O. Reg. 429/07, AODA 2005) The City of Toronto supports the goals of the Accessibility for Ontarians with Disabilities Act (AODA), 2005 and is committed to providing equal treatment and equitable benefits of City services, programs and facilities in a manner that respects the dignity and independence of people with disabilities. Under section 6 of the Accessibility Standard for Customer Service, O. Reg. 429/07 (Appendix A), established by the AODA, the City of Toronto must ensure that employees, volunteers and all other personnel, including third party contractors, who deal with members of the public or other third parties on behalf of the City or, who participate in developing City policies, practices or procedures on the provision of goods and services receive training on accessible customer service. All personnel must complete training that meets the requirements of the Accessible Customer Service regulation and includes:

An overview of the AODA Understanding the requirements of the Regulation How to interact and communicate with persons with various types of disabilities; How to interact with persons with disabilities who use an assistive device or require the

assistance of a guide dog or other service animal or the assistance of a support; How to use equipment or devices available on the provider’s premises or otherwise

provided by the provider to people with disabilities to access goods or services; and What to do if a person with a particular type of disability is having difficulty accessing

the provider’s goods or services. Third party contractors and other service providers are to ensure that training records are maintained, including dates when training is provided, the number of personnel who received training and individual training records. Contractors are required to ensure that this information is available, if requested by the City of Toronto. Access an e-learning course: The training requirements can be fulfilled by completing the e-Learning course “Serve-ability: Transforming Ontario’s Customer Service”, which can be found on the Ministry of Community and Social Services website: http://www.mcss.gov.on.ca/mcss/serve-ability/splash.html For more information: How to comply with the Accessible Customer Service Standard at: www.accessON.ca/compliance Requirements of the Accessibility Standards for Customer Service (Ontario Regulation 429/07): www.e-laws.gov.on.ca/html/source/regs/english/2007/elaws_src_regs_r07429_e.htm

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City Manager’s Office

Fair Wage Office

100 Queen Street West

City Hall, 19th Floor, West Toronto, Ontario M5H 2N2

Tel: 416-392-7300 - General Enquiry 416-392-FAIR - Complaints Hotline Fax: 416-392-0801 E-mail: [email protected] Web: www.toronto.ca/fairwage

*Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07)

Fair Wage Policy* A1. Definitions As used in this Fair Wage Policy, the following terms have the meaning indicated: APPRENTICE – An Individual who has entered into a registered training agreement under which the individual is to receive workplace-based training in a trade, other occupations or skill set as part of an apprenticeship program approved by the Ontario Ministry of Training, Colleges and Universities. APPRENTICESHIP PROGRAM – A program recognized by Ontario Ministry of Training, Colleges and Universities which provides for the qualification, recruitment, selection, employment, and training on the job. Apprenticeship and training leads to Ontario Certification of Qualification and Apprenticeship for Journeyperson status, which is recognized by employer and employee representatives of industry. CONTRACT – A legal, business agreement between the City of Toronto and the contractor to perform work or services or to provide materials and supplies. CONTRACTORS – Any person or business entity with whom the City enters into a contract with to perform the work or provide services. FAIR WAGE SCHEDULE – Stipulated rates of pay for different classifications of work produced and obtainable from the Fair Wage and Labour Trades Office. FIELD WORK – All work in performance of the contract that is not shop work. FRINGE BENEFITS – Includes such benefits as company pension plans, extended health care benefits, dental and prescription plans, etc. It does not include legislated payroll deductions such as C.P.P., E.H.T., W.S.I.B. or E.I.C. NON-COMPLIANCE – The occurrence of any of the following conditions: A. Contractor fails to co-operate with the Manager, Fair Wage Office in fulfilling his/her responsibilities under

the Fair Wage Policy and the Labour Trades Contractual Obligations in the Construction Industry. B. Sub-contractor fails to co-operate with the Manager, Fair Wage Office in fulfilling his/her responsibilities

under the Fair Wage Policy and the Labour Trades Contractual Obligations in the Construction Industry. C. Contractor or sub-contractor has been found in violation of the Fair Wage Policy (non-compliance applies

to both contractor and sub-contractor. D. Contractor has been found in violation of the Labour Trades Contractual Obligations in the Construction

Industry. E. Sub-contractor has been found in violation of the Labour Trades Contractual Obligations in the

Construction Industry. PROCUREMENT CALL DOCUMENT – Includes a Tender, Request for Quotations and a Request for Proposals as issued by the Purchasing and Materials Management Division, and as defined in Chapter 195 of the Toronto Municipal Code. SHOP WORK – Any work in performance of the contract that is done in or at any factory, foundry, shop or place of manufacture not located at or upon the site of the work, and not operated solely for the purpose of the work.

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SUB-CONTRACTOR – Any person or business entity not contracting with or employed directly by the City but who supplies services or materials to the improvement under an agreement with the contractor or under the contract with another sub-contractor. WAGES or RATE OF WAGES – Includes the hourly rate, vacation and holiday pay and any applicable amount for fringe benefits shown in the current Fair Wage Schedule, to be paid to the worker as part of the worker’s wages or for the worker’s benefit provided for in any collective agreement applicable to that worker. WORKERS – Includes mechanics, workers, labourers, owners and drivers of a truck or other vehicle employed in the execution of the contract by the contractor or by any sub-contractor under them and clerical staff. A2. City of Toronto Council references A. City of Toronto Council, by the adoption of Corporate Services Committee Report 13, Clause 1, as

amended, at its meeting of October 1 and 2, 1998, directed that the Fair Wage Policy of the former Municipality of Metropolitan Toronto be adopted for all City departments, agencies, boards and commissions and replace all existing fair wage policies of the former local municipalities.

B. City of Toronto Council, by the adoption of Administration Committee Report 7, Clause 1, as amended, at its meeting of June 18, 19 and 20, 2002, directed that certain changes be made to the Fair Wage Policy and Procedures.

C. City of Toronto Council, by the adoption of Administration Committee Report 5, Clause 2, at its meeting of June 24, 25 and 26, 2003, directed that certain further changes be made to the Fair Wage Policy and Procedures, and to the Fair Wage Rate Schedule.

D. City of Toronto Council, by the adoption of Government Management Committee Item 8.9, at its meeting of October 22 and 23, 2007, directed that certain changes be made to the Fair Wage Policy.

A3. Purpose and history of Fair Wage Policy A. The Fair Wage Policy has as a central principle the prohibition of the City doing business with contractors,

sub-contractors and suppliers who discriminate against their workers. B. Originally implemented in 1893 to ensure that contractors for the City paid their workers the union rates or,

for non-union workers, the prevailing wages and benefits in their field, the Fair Wage Policy has expanded over the years to other non-construction classifications such as clerical workers.

C. The policy also requires compliance with acceptable number of working hours and conditions of work in order to protect the rights of workers.

A4. Intent of Fair Wage Policy The intent of the Fair Wage Policy can be summarized as follows: A. To produce stable labour relations with minimal disruption; B. To compromise between the wage differentials of organized and unorganized labour; C. To create a level playing field in competitions for City work; D. To protect the public; and E. To enhance the reputation of the City for ethical and fair business dealings. A5. Application

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A. The provisions of the Fair Wage Policy apply equally to contractors and all sub-contractors engaged in work for the City of Toronto. It is understood that contractors cannot sub-contract work to any sub-contractor at a rate lower that called for in the Fair Wage Policy.

B. The fair wage rates do not apply to small businesses, typically those with owner-operators, or partnerships,

or principals of companies as long as they undertake the work themselves. C. It should be noted that under the above City of Toronto Council reference authorities, the conditions of the

Fair Wage Policy cannot be waived, unless authorized by Council to do so. A6. Establishment of rates A. Establishing fair wage rates and schedules are intended to minimize potential conflicts between organized and

unorganized labour in the tendering and awarding of City contracts. B. Certain designated construction-related rates are based on the lowest rate established by collective bargaining,

while the wage rates for other classifications are based on market and industrial surveys in accordance with the prevailing wages for non-union workers in the geographic area.

C. The City encourages contractors to hire and train apprentices under approved apprenticeship programs. Apprentices/trainees will be assessed based on Provincial Qualification Apprenticeship Certification Criteria.

D. Fair wage rates, including rates for apprentices, are established through discussion between the Fair Wage Office and with employee and employer groups and associations (having both union and non-union members). This discussion will also include appropriate apprenticeship programs for construction-related trades.

E. The proper wage rates to be paid to apprentices/trainees are those specified by a particular industry program in which they are enrolled, expressed as a percentage of the journeyman rate on the wage determination. In the event employees reported as apprentices and trainees have not been properly registered, or are utilized at the jobsite in excess of the ratio of journeymen permitted under the approved program, they must be paid the applicable schedule of wage rate. The Manager, Fair Wage Office may assess established employee work history as to determine the appropriate apprentice/trainee level.

F. These rates are reviewed by the above-noted groups and are recommended to Council, by the Manager, Fair Wage Office for approval every three years.

A7. Contractor and sub-contractor responsibilities A. Contractors will be responsible for any violations or non-compliance issues arising from the engagement of

any sub-contractor on City work. B. The contractor or sub-contractor shall pay or cause to be paid weekly or biweekly to every worker

employed in the execution of the contract wages at the following rates, namely:

(1) For workers employed in shop work: (a) The union rate of wages in the particular district or locality in which the work is

undertaken for any class or work in respect of which there is such union rate; and (b) For any class of work for which there is no such union rate, the rate of wages shall be the

rate of wages, as determined by the Manager, Fair Wage Office prevailing in the particular district or locality in which the work is undertaken.

(2) For workers employed in field work:

(a) Where the contractor or sub-contractor is in contractual relationship with a union recognized by the Ontario Labour Relations Board as the bargaining agent for the relevant workers, the applicable rate of wages set out in the collective agreement; and

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Fair Wage Office





(b) Where there is no such contractual relationship, a rate not less than that set out for such work in the Schedule of Wage Rates files by the Manager, Fair Wage Office, with the City Clerk of the Corporation after being first approved by Toronto Council; and

(c) For any class of work for which there is no rate, the rate of wages shall be the rate of wages, as determined by the Manager, Fair Wage Office, prevailing in the particular district or locality in which the work is undertaken.

C. The contractor and sub-contractor shall:

(1) At all times keep a list of the names and classifications of all workers employed in the work, the hourly rate and hours worked per day and a record of the amounts paid to each.

(2) From time to time, if demanded by the Manager, Fair Wage Office, furnish a certified copy of all paysheets, lists, records and books relating to the work and keep the originals thereof open at all times for examination by the Manager.

(3) At all times furnish and disclose to the said Manager any other information respecting wages of workers that may be desired by the Manger in connection with the work.

(4) Attach to all accounts rendered for payment of money upon the contract, a declaration affirming that the requirements of the Fair Wage Policy have been fully complied with.

(5) Display legible copies of this Fair Wage Policy in a prominent position in his or her workshop(s), accessible to all employees.

E. The contractor or sub-contractor shall not compel or permit any worker engaged for the work to work more

than the number of hours per day and the number of hours per week set out in the Fair Wage Schedule for the particular type of work involved except in case of emergency, and then only with the written permission of the Commissioner or head of the department/division having charge of the work or the person then acting as such.

A8. Responsibilities of Manager, Fair Wage Office A. To fulfil the duties of the Manager, as set out in Chapter 67 of the Toronto Municipal Code, 67-A3 B. In every procurement call to which the Fair Wage Policy applies, the Manager, Fair Wage Office, will

determine the applicable Fair Wage Schedules for the work requested in the procurement call, or whether unionized workers need to be utilized for the work requested in the procurement call as per Chapter 67 Schedule B Labour Trades Contractual Obligations in the Construction Industry.

C. Once the applicable Fair Wage Schedule is determined for a specific procurement call, the Manager, Fair Wage Office will provide a copy of the Fair Wage Schedule to Purchasing and Materials Management Division to insert into the procurement document, before the procurement documentation is issued.

D. In case of a jurisdictional dispute or dispute as to rate of wages to be paid under the contract or as to the amount to be paid to any worker or apprentice, the decision of the Manager, Fair Wage Office, shall be final and binding upon all parties.

E. After the procurement call closes, the Manager, Fair Wage Office, at the request of Purchasing and Materials Management Division, will send a fair wage declaration form to the three lowest bidders, to determine if the bidder will comply with the fair wage policy and fair wage schedule.

A9. Penalty Provisions A. If the contractor or sub-contractor fails to pay any worker wages at the rate called for in Chapter 67-A7, the

City may: (1) Charge an administrative fee not in excess of 15 per cent of the balance necessary to make up the amount that should have been paid from the contractor’s progress draw or holdback; and

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Fair Wage Office





(2) Pay the worker(s) directly for any back-wages owing directly from the contractor’s progress draw or holdback.

B. If a tenderer or bidder is found not to comply with the Fair Wage Policy, the Manager may recommend the

next lowest bidder for contract aware to Purchasing & Materials Management Division in the following circumstances: (1) On the declaration form discussed in Chapter 67-A8E, a contractor or sub-contractor does not

meet the Fair Wage Schedules. (2) An investigation is underway and the firm does not co-operate in providing timely information

within 5 business days after being requested by the Manager, Fair Wage Office in fulfilling his or her responsibilities under the Fair Wage Policy and the Labour Trades Contractual Obligations in the Construction Industry and, operationally, the provision of goods and/or services cannot be delayed.

(3) A contractor or sub-contractor is in violation of the Fair Wage Policy and has not paid restitution to its workers.

(4) A contractor or sub-contractor is unable to comply with the City of Toronto Labour Trades Contractual Obligations in the Construction Industry.

A10. Disqualification Provisions

A. When a contractor or any sub-contractor is found to be in non-compliance with the provisions of the Fair Wage Policy in two separate instances over a period of three years inclusive, the Manager, Fair Wage Office must report and may recommend to the Government Management Committee that the said contractor or sub-contractor be disqualified from conducting business with the City for a period of two years, inclusive.

B. The disqualification period will start from the day of the decision of Council.

C. After the disqualifying period is over, the said contractor or sub-contractor will be placed on probation for the next year. If another non-compliance violation occurs, the Manager, Fair Wage Office must report and may recommend to the Government Management committee that the said contractor or sub-contractor; be disqualified from conducting business with the City for an indefinite period of time.

D. All non-compliance activities (including firm names) and disqualification statistics will be reported to Council annually. Disqualified firms will be published on the City’s website.

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Corporate Services

Fair Wage Office




Labour Trades Contractual Obligations in the Construction Industry* B1. Legislative Applicability of Labour Trades Obligations.

The mandatory Labour Trades provisions for municipalities bound by province-wide collective agreements are separate from Fair Wage Policy established, monitored and enforced by the City. Central to any understanding of municipal obligations to Labour Trades, is that the City has no discretion in setting wage rates or in using union labour for certain trades performing Work for the City. This is by virtue of the Province-wide collective agreements applicable to trades in the Industrial, Commercial and Institutional (ICI) and Residential sectors and other negotiated collective agreements in other sectors of the construction industry.

The Province-wide collective agreements are binding on all employers in the sector. The former City of Toronto was first considered an “employer” when the relevant unions obtained bargaining rights beginning in 1978. As a result, subject to the jurisdiction of the collective agreements, union workers must be used for contracted-out Work. The use of union sub-contractors for municipal building projects is also required in most cases.

B2. Current Labour Trades Contractual Obligations in the Construction Industry.

A. The City of Toronto is bound by the current province-wide collective agreements with respect to the Industrial, Commercial and Institutional sectors of the construction industry between:

(1) The Carpenters’ Employer Bargaining Agency and the Ontario Provincial Council, United Brotherhood of Carpenters and Joiners of America.

(2) The Mechanical Contractors Association of Ontario and the Ontario Pipe Trades Council of the United Association of Journey-men and Apprentices of the Plumbing and Pipe-Fitting Industry of the United States and Canada.

(3) The Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario.

(4) The International Union of Bricklayers and Allied Craftsmen and the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen, and The Masonry Industry Employers Council of Ontario.

(5) The International Association of Heat and Frost Insulators and Asbestos Workers and The Master

Insulators’ Association of Ontario Inc. (6) The International Brotherhood of Painters and Allied Trades and The Ontario Painting Contractors

Association.

(7) The Ontario Glazier Agreement between The Architectural Glass and Metal Contractors Association and The International Brotherhood of Painters and Allied Trades; and

(8) The Environmental Sheet Metal Association Toronto and the Sheet Metal Workers’ International

Association and the Ontario Sheet Metal Workers’ Conference. (9) The Ontario Erectors Association Incorporated, and the International Association of Bridge,

Structural, Ornamental and Reinforcing Iron Workers and the Ironworkers District Council of Ontario

Labour Trades Contractual Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

FW R (02/06) Page 1 of 2 117 of 131

B. Exhibition Place is bound;

(1) By collective agreements in all sectors of the construction industry between:

(a) The Carpenters’ Employer Bargaining Agency and The Ontario Provincial Council, United Brotherhood of Carpenters and Joiners of America.

(b) The Mechanical Contractors Association of Ontario and The Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada.

(c) The Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario; and

(2) By Letters of Understanding between the Board and, respectively, Local 506 of the Labourers International Union of North America and The International Brotherhood of Painters and Allied Trades.

C. Any non-maintenance part(s) of the Work that is the work of Union members for whom the said Council, Brotherhood, Association or Local is the collective representative under the provisions of any one of the said collective agreements or the said Letters shall in each case be performed only by an employer owing contractual obligations to such representative, unless such obligations do not prohibit performance of such part(s) of the Work by others.

B3. Guidelines for Prospective Bidders.

This summary is an overview of the current status of trades’ certifications and the relevant construction sectors for which firms and workers with the appropriate union affiliations must be used when performing the following Work for the City of Toronto and Exhibition Place.

City of Toronto Exhibition Place Type of Work * I.C.I.

Asbestos/ Insulation X Bricklaying/ Masonry X Carpentry X X Electrical X X Glazing X Iron Workers X Labourers X Mechanical X X Painting X X Sheet Metal X

* (Industrial, Commercial, Institutional sector)

B4. Decisions, Fair Wage Policy.

The Fair Wage Office will make final decisions with respect to:

• Work jurisdictions, in consultation with the industry • type of Work involved • whether or not union firms/workers must be used • if Labour Trades Contractual Obligations apply * Labour Trades Contractural Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

FW R (02/06) Page 2 of 2 118 of 131

GUIDE TO PROSPECTIVE BIDDERS

APPLICATION OF THE FAIR WAGE SCHEDULES In accordance with the City of Toronto Fair Wage Policy, Contractors and Sub-contractors are responsible to pay workers employed in “field work”, a rate of wages not less than that set out for such work in the applicable Schedule of Wage Rates for this contract is as follows:

APPLICABLE FAIR WAGE SCHEDULE SUBJECT TO LABOUR TRADE CONTRACTUAL OBLIGATIONS IN THE CONSTRUCTION INDUSTRY

“INDUSTRIAL, COMMERCIAL, INSTITUTIONAL (I.C.I.) WORK”

On December 18, 2013, City Council enacted By-law No. 1717-2013 that revises the Industrial, Commercial, Institutional (I.C.I.) Work Schedule for 2013-2016. This schedule is applicable to the construction industry as determined by work characteristics that include industrial, commercial, institutional work. Refer to the Labour Trade Contractual Obligations document for legislated labour requirements with respect to certified trades. To obtain a copy of the I.C.I. Schedule, call the Fair Wage Office at the telephone number listed below or accesses the following link:

Industrial, Commercial, Institutional (I.C.I.) Schedule 2013.pdf In case of a jurisdictional dispute or dispute as to the 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. In the event that other Fair Wage Schedules may overlap the work covered by this contract, please contact the Fair Wage Office at (416) 392-7300 to seek clarification.

Human Resources

Fair Wage Office 100 Queen Street West City Hall, 18th Floor, West Tower Toronto, ON M5H 2N2

Tel: 416-392-7300 Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: [email protected] Visit us at www.toronto.ca/fairwage

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Purchasing & Materials Management Division

Right to Reject Debtors and Set Off Policy

DATE: August 16, 2011

PAGE : 1 of 6

PURPOSE

1.0 To protect the interests of the taxpayers of the City of Toronto by reserving the right to the City to reject an offer to supply goods and/or services through the City’s procurement processes where the City determines that the person making the offer is in any way indebted to the City and in its sole discretion is of the opinion that it is in the City’s best interests that the offer be rejected. To make it clear to persons responding to a call or request from the City that the Treasurer may choose to exercise any legal or equitable right of setoff against any person who becomes indebted to the City during the provision of their services and may re-direct payments to otherwise due to such person towards repayment of outstanding amounts owed to the City. Note: 1. Adopted by Council at its meeting held on July 20, 21, 22, 2004, Report No. 5, Clause 8, Administration Committee. 2. Revised by City Council at its meeting of June 14, 15 & 16, 2005, Report No. 5, Clause 3.

POLICY

2.0 Application This policy shall apply to all calls and proposals issued by the City of Toronto’s Purchasing and Materials Management Division (PMMD). 3.0 Definitions “bid” means a formal price response to a call issued by the City; “bidder” means any person submitting a competitive bid in response to a call by the City; “call” means a solicitation from the City to external suppliers or providers to submit a tender or a quotation; "controlling interest" means the interest that a person has in a corporation when the person beneficially owns, directly or indirectly, or exercises control or direction

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over, equity shares of the corporation carrying more than 10 per cent of the voting rights attached to all equity shares of the corporation for the time being outstanding; “debtors watch list” means a list of persons and or companies who are indebted to the City; “indebted” includes but is not limited to unpaid taxes, outstanding claims, judgements or executions, arrears of rent and any interest and penalty thereon owing by a person to the City; “parent" means a person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that person is the natural parent of the child; “person” shall include any individual, sole proprietorship, partnership, corporation or other entity with the legal capacity to contract; “procurement processes” includes any call or request issued by PMMD pursuant to Chapter 195, Purchasing, of the City of Toronto Municipal Code; “related person” means a parent or the spouse or any child of the person or any person or entity having an indirect pecuniary interest as set out in section 4.0; “request” means a solicitation from the City to external suppliers or providers to submit a proposal; “senior officer" means the chair or any vice-chair of the board of directors, the president, any vice-president, the secretary, the treasurer or the general manager of a corporation or any other person who performs functions for the corporation similar to those normally performed by a person occupying any such office; "spouse" means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage. 4.0 Indirect pecuniary interest A person has an indirect pecuniary interest in any matter in which another person is concerned, if:

(a) the person or his or her nominee, (i) is a shareholder in, or a director or senior officer of the other person,

being a corporation that does not offer its securities to the public;

(ii) has a controlling interest in or is a director or senior officer of the other person, being a corporation that offers its securities to the public, or

(iii) is a member of the other person; or

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(b) the person is a partner of the other person or is in the employment of the other person.

5.0 Right to Reject It shall be the policy of the City of Toronto that in any procurement of goods and services by the City, the City reserves the right to reject an offer to supply goods and/or services presented in response to the City’s procurement processes where the City determines that the person making the offer is in any way indebted to the City and in its sole discretion is of the opinion that it is in the City’s best interests that the offer be rejected. For the purpose of this section 5.0, “person making the offer” includes the person actually making the offer, whether as agent or principal, a person on whose behalf the offer is made and any related person. 5.1 Process All calls or proposals issued by PMMD on behalf of City Divisions shall include a copy of this policy. 5.2 Declaration PMMD shall be entitled to rely on the contents of the Debtors Watch List in making a determination of disqualification. 6.0 Determination of Disqualification The City Manager or designate shall have, in consultation with the Treasurer, the City Solicitor and the Division Head on whose behalf PMMD has issued a procurement process, the sole discretion to reject a bid on the basis of this policy in the best interests of the City. The Guidelines in Appendix ‘A’, attached, will be used by the City Manager in exercising his/her discretion under the policy. NOTE: On July 23, 2007 the City Manager delegated to the Treasurer, the authority to make the determination for rejection as described herein above in Section 6.0 and in Appendix A of this policy 6.1 Notification of Rejection Once a decision to reject a bid has been made by the City under sections 5.0 and 6.0 hereof, PMMD shall forthwith notify the affected person of the decision by way of a notice in writing delivered to the address provided by the person in the particular procurement process from which that the bid has been rejected, provided, however, that any such rejection is not conditional upon the delivery or receipt of such notice in writing.

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7.0 Set-Off The Treasurer, in consultation with the City Solicitor, may choose to exercise any legal or equitable right of set-off against any person who becomes indebted to the City during the provision of their services and may re-direct payments otherwise due to such person towards repayment of outstanding amounts owed to the City. 8.0 Where a disqualified person is otherwise the lowest bidder whose bid meets the specifications and requirements set out in the call or request, such bid will be referred to a standing committee of council in accordance with the provisions of Schedule 195, Purchasing, of the Municipal Code.

Attachments

APPENDIX A – GUIDELINES IN REPSECT OF THE CITY’S RIGHT TO REJECT DEBTORS AND SET OFF POLICY

CONTACT

Should you have any questions please contact the Purchasing and Materials Management Division

. In the event that further interpretation is required, please contact the Manager, Corporate Purchasing Policy & Quality Assurance at 392-0387 or Supervisor, Policy, Training & Technology at 392-1305

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Appendix A

Guidelines in Respect of the City’s Right to Reject Debtors and Set Off Policy (The “Policy”)

The following are guidelines for the City Manager to consider when, in consultation with the City Solicitor, the Treasurer and the Division Head, to determines whether to exercise his/her discretion to reject a debtor under the Policy. The City Manager may consider any individual guideline or any combination of guidelines to determine the application of the Policy.

(1)

Size of the indebtedness

The policy should only be applied in situations where the amount of the indebtedness is significant in relationship to the contract under consideration.

The suggested size of the indebtedness that would trigger possible application of the policy is 10% of the amount bid.

(2)

Age of the indebtedness

The policy should be applied in situations where the age of the indebtedness is significant. The suggested age of the indebtedness that would trigger possible application of the policy is 90 days overdue or more. The policy may also be applied where the debtor has a chronic pattern of late payment.

(3)

The nature of the indebtedness

Where the nature of the indebtedness is a legal claim or a claim to rectify previous deficiencies, the policy should be applied in those circumstances where the claim is significant in size (see 1.) If the contractor in question has a track record of settling cross claims in a manner acceptable to staff, it would be inappropriate to use the policy. It may be quite appropriate to exercise the policy with a debtor that has a chronically poor record with the City with respect to payment of accounts or where the debtor has a chronic history of claims.

(4)

Other Avenues Available to Correct the Indebtedness

The denial of City business is one of many avenues that the City has to encourage the payment of outstanding accounts. In a situation where the City

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has other strong collection tools available such as the disconnection of water or the tax sale of a property, it may be in the best interests of the City to award a contract if the bid is attractive enough and the risk of not collecting on outstanding accounts is low.

(5)

The Spread between the Debtors Low Bid and the Next Lowest Bid

In circumstances where the response submitted by the debtor is so attractive as compared to the next ranked response that the benefit of the award significantly outweighs the debt to the City, it may not be appropriate to decline the award. Care must be taken, however, in situations where the indebtedness is in the form of past claims for poor workmanship. In these situations, a low bid may indicate that the pattern of poor workmanship and resulting claims may continue.

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Purchasing & Materials Management Division Restrictions on the Hiring and use of Former City of Toronto Management Employees for City Contracts

DATE:: JUNE 27,, 2007

PAGE : 1 of 2

PURPOSE

To ensure that former City of Toronto management employees who took part in a separation program or received a retirement package, are prohibited from participating in contracts directly or indirectly related to the City of Toronto or its special purpose bodies for a period of two years starting from an employee's separation date.

POLICY

A standard clause is to be inserted in all competitive procurement calls and requests issued by the City and its special purpose bodies, in order to advise companies, firms and individuals and ensure compliance with this policy. Accordingly, all respondents competing for a City of Toronto contract will be asked to identify, by name, any former City management employees now under their employ if: the employee left the present City of Toronto and its special purpose bodies with a separation package or retirement incentive; and, if the project contract is within two years of the date of termination of the former City employee. Former employees covered by this policy are prohibited from participating in contracts directly or indirectly related to the City of Toronto or its special purpose bodies for a period of two years starting from the employee’s separation date. This would include, but not be limited to, for example, the following roles: • As an independent contractor/consultant; • As a contractor/consultant on City project work for a company/firm (but, the firm may compete); or • As a contractor/consultant on City project work for a company/firm that has been sub-contracted by

another company/firm. Notes: (1) Adopted by Council at its meeting of February 4, 5, & 6, 1998, Report No. 2, Clause No. 2 of the Strategic Policies and Priorities Committee, and (2) Revised by City Council at its meeting of November 26, 27, 28, 2002, Report No. 14, Clause No. 6, Administration Committee.

PROCEDURES

(1) The above policy will be included in all applicable competitive procurement calls/requests issued by the Purchasing and Materials Management Division.

(2) In addition, all applicable competitive procurement calls/requests issued by the Purchasing and Materials Management Division will include the following statement:

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

Respondents 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: .”

(3) This policy will be considered in the evaluation of all submissions received by the City of Toronto.

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CONTACT

Should you have any questions, please contact the Purchasing and Materials Management Division. In the event that further interpretation is required, please contact the Manager, Corporate Purchasing Policy & Quality Assurance at 416-392-0387 or Supervisor, Policy, Training & Technology at 416-392-1305.

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TORONTO LICENSING REQUIREMENTS

Attached is a listing of services and trades which require licensing.

Any firm (prime contractor, sub-contractor) performing or subcontracting any or all of the

services listed must be licensed and in good standing.

For further detailed information on Licenses please contact the call centre at 416-392-6700.

TRADES / SERVICES REQUIRING TORONTO LICENSES

BUILDING RENOVATORS:

- Bricklaying / Masonry - Shingling

- Carpentry - Waterproofing

- Flat Roofing - Concrete Work

- Plastering - Eavestroughing

- Tile Setting - Manufacture & Installation of Cabinets and Vanities

- Drywall / Taping - Installation of Aluminum Products

- Tuck Pointing - Underpinning

OTHER TRADES:

- Insulation Installer - Heating Contractor

- Building Cleaner - Exterior - Plumbing and Heating Contractor

- Sign Painter - Plumbing Contractor

- Chimney Repairperson - Drain Contractor

MISCELLANEOUS:

-Auctioneer

Revised August 7, 2009

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ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT

Tender No.:_______________________________ Bidder’s Name:________________________

The City of Toronto Environmentally Responsible Procurement Policy encourages bidders to also offer products/services which are environmentally preferred. Environmentally preferred products/services offered must be competitive in cost, conform to specifications, performance requirements and, be suitable for the intended application as determined by the using division(s). Environmentally preferred products/services are those such as durable products, reusable products, energy efficient products, low pollution products/services, products (including those used in services) containing maximum levels of post-consumer waste and/or recyclable content, and products which provide minimal impact to the environment. An environmentally preferred product is one that is less harmful to the environment than the next best alternative having characteristics including, but limited to the following:

1. Reduce waste and make efficient use of resources: An Environmentally Preferred Product would be a product that is more energy, fuel, or water efficient, or that uses less paper, ink, or other resources. For example, energy-efficient lighting, and photocopiers capable of double-sided photocopying.

2. Are reusable or contain reusable parts: These products such as rechargeable batteries,

reusable building partitions, and laser printers with refillable toner cartridges.

3. Are recyclable: A product will be considered to be an Environmentally Preferred Product if local facilities exist capable of recycling the product at the end of its useful life.

4 Contain recycled materials: An Environmentally Preferred Product contains post-consumer

recycled content. An example is paper products made from recycled post-consumer fibre.

5. Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal: An Environmentally Preferred Product would be a non-hazardous product that replaces a hazardous product.

6. Have a long service-life and/or can be economically and effectively repaired or upgraded. Bidders shall if requested, provide written verification of any environmental claims made in their bid/proposal satisfactory to the City of Toronto within five(5) working days of request at no cost to the City. Verification may include, but not be limited to, certification to recognized environmental program (e.g., Environmental Choice Program [ECP]), independent laboratory tests or manufacturer’s certified tests. Only proven environmentally preferred products/services shall be offered. Experimental or prototype products/services will not be considered. For a copy of the City of Toronto Environmentally Responsible Procurement Policy, contact the Purchasing and Materials Management Division at (416) 392-7303 or (416) 392-0387. State if environmentally preferred products/service is being offered: YES______ NO______ State briefly the environmental benefit of the product/service offered: ________________________________________________________________________________ __________________________________________________________________________

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Page 1 of 1

Contractor Performance Evaluation 1

START DATE:

COMPLETION DATE: U I ME EE EX N/A

A. sub-score 25%1. 2. 3.

B. sub-score 25%1. 2. 3.

C. sub-score 12.5%1. 2. 3. 4. 5. 6. 7. 8. 9.

D. sub-score 25%1. 2. 3. 4. 5. 6. 7. 8.

8.1 8.2 8.3 8.4 8.5 8.6

E. sub-score 12.5%1. 2. 3. 4. 5. 6. 7.

Was the quality and submission timelines of the following items acceptable?

Did the contractor provide competitive change order pricing?Did the contractor accept responsibility for the full scope and extent of the contract?

Did the contractor participate in resolving project problems and display initiative to implement solutions?Did the contractor demonstrate accountability for problems for which they where responsible?

Complete operations and maintenance manuals and closeout documents

Did the contractor communicate, cooperate, collaborate with the contract administrator, project team & stakeholders?

Training plan and manualsStartup testing and commissioning reports

ADMINISTRATION - Contractor Performance and Diligence

Total Score (weighted)

DATE:

Did the contractor submit timely, relevant requests for information (RFIs) as needed?Were shop drawings submitted according to shop drawing schedule and in compliance with the contract?EXECUTION - Work Performance

3.00

Did the contractor adequately address disputes, damages and claims with third parties to City PM's knowledge?

Look ahead schedules or work plans

Did the contractor seek authorization to perform extra or additional work?

Note: if the contractor disagrees with the evaluation, it is to follow the claims dispute procedure in the contract with necessary modifications. 3.00

3.00

Did the contractor follow the approved schedule and meet milestones?Did the contractor provide effective quality control?

Did the contractor submit accurate, complete invoices in a timely manner?

Date

Project Manager:

SignatureName (Print or Type)

Director: (required for Final only)

Did the contractor coordinate to minimize disruption to the public and City operations?

Manager:

Weight

Weight

Weight

Weight

Weight

Did the contractor complete the project on time?

Accurate and complete record documents (as-builts)

Did the contractor effectively coordinate and manage the work of its subcontractors?

Secure and/or closed applicable municipal permits

Did the contractor comply with OHSA requirements?

Did the contractor submit schedule updates in accordance with the contract?

Did the contractor provide adequate & competent site supervision?

3.00

Did the contractor adequately staff and resource the project in compliance with the contract?

Did the contractor keep the site clean and free of trash and debris in compliance with the contract?

CONTRACT No.:

Did the contractor promptly comply with change orders, change directives, site instructions, and RFQs?

Was the quality and workmanship in compliance with the contract documents?

3.00

3.00

Did the contractor adhere to environmental, (non-OHSA) safety requirements, and other laws & policies?

For definitions refer to Backup sheets

Ranking

version 1.1 - 8-Aug-14

Did a person with decision-making authority represent the contractor at pay/progress meetings?

QUALITY - Compliance with Contract Standards & Specifications

Did the contractor commence the work on time?

Did the contractor promptly & effectively correct defective work as the project progressed?

Did the contractor submit a satisfactory baseline schedule in compliance with the contract?

Did the contractor comply with standards and specifications in the contract?

ORGANIZATION - Work Plan and Management

Did the contractor take adequate precautions with any hazardous materials and designated substances?

CONTRACTOR: PROJECT NAME:

SAFETY & COMPLIANCE - Laws & Standards CONTRACT VALUE:

DESCRIPTION:

Interim # Final

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IMPORTANT - PLEASE READ THIS

It is important to the City of Toronto to receive a reply from all invited Bidders. There is no obligation to submit a Bid; however, should you choose not to submit, completion of this form will assist the City in determining the type of services you are interested in submitting a Bid in the future. INSTRUCTIONS:

If you are unable, or do not wish to submit a Bid on this Request for Tender, please complete the following portions of this form. State your reason for not submitting a Tender by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Request for Tender documents. 1. We do not offer this service. Other reasons or additional comments. 2. We do not offer services to these requirements. 3. Unable to offer services competitively. 4. Cannot handle due to present commitments. 5. Quantity/project too large. 6. Cannot meet delivery/completion requirements. 7. Tender restrictions. Do you wish to participate in Request for Tenders for services in the future? YES ____ NO ____

For City’s use only - Do not write in this space. Company Name:

Address:

Signature of Company Representative:

Position:

Date: Tel. No.: Fax No.:

Please return completed form by facsimile to 416-397-7779 or by e-mail to [email protected]

NOTICE OF “NO BID”

TENDER #: 267-2015

CLOSING DATE: August 26, 2015.

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