March 2, 2016 NOTICE TO POTENTIAL RESPONDENTS VIEWING … · 2019-04-04 · Michael Pacholok Director Purchasing and Materials Management Division City Hall,18th Floor, West Tower

Michael Pacholok Director

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

Joanne Kehoe Manager Construction Services

March 2, 2016

NOTICE TO POTENTIAL RESPONDENTS

Request to Pre-qualify (RTP) No. 3907-16-5029 FOR: Pre-Qualification of General Contractors and/or Subcontractors for the Reconfiguration of Six

Points Interchange Please review the attached document and submit your Response to the address noted below by the closing deadline of 12:00 noon (local Toronto time) on March 18, 2016. Responses will not be considered unless: 1. Received by the date and time specified above; and 2. Received at the address specified below, and 3. In compliance with terms and conditions of this RTP. Submission by facsimile or e-mail is not acceptable. Only the names of the firms submitting Responses will be read aloud at the public opening on the date of closing.

Deadline for Questions:(must be in writing)

March 15, 2016

City Contact: Amy Hung, Senior Corporate Buyer (t) (416) 397-7251 (f) (416) 397-7779 (e) [email protected]

For convenience you may affix the following address label to the envelope(s) containing your submission.

------------------------------------------------------------------------------------------------------------

RESPONDENT NAME:

RTP NO.: 3907-16-5029 CLOSING DEADLINE: 12:00 noon

(local Toronto time)March 18, 2016

DELIVER TO: Chief Purchasing Official Purchasing and Materials Management Division 18th Floor, West Tower, City Hall 100 Queen Street West Toronto, ON, M5H 2N2

The Purchasing and Materials Management Division will not be held responsible for submission documents submitted in envelope(s) that are not labelled in accordance with the above instructions. Tenders/RFQ/RFP/RTP/Sales/Disposals are advertised on the City of Toronto Website: www.toronto.ca

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This Pre-qualification Checklist is provided for the convenience of Respondents. Respondents are advised to read and understand the entire Request to Pre-qualify (RTP) document package. Make sure your prequalification submission is complete. The prequalification Submission Package must be legible, neat and filled out in ink. Your submission is to include, but is not limited to, the following:

Items that must be submitted on RTP closing Completed

City of Toronto Forms:

Form 1 - Response Submission Form

Form 2 - Policy to Exclude Bids from External Parties involved in the Preparation or Development of a Specific Call/Request

Form 3 - Restrictions on the Hiring and use of Former City of Toronto Management Employees for City Contracts (if applicable)

Mandatory Technical Submission Requirements

Letter from a Guarantee Surety Company For General Contractors

Letter from the Insurance Company For General Contractors

Mandotory Experience Requirements

Mandatory Experience For General Contractors

Mandatory Experience For Streetscape/Landscape Subcontractors

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TABLE OF CONTENTS RTP 3907-16-5029

Notice to Potential Respondents ................................................................................................................... 1 Table of Contents .......................................................................................................................................... 3

1.0 TERMINOLOGY ............................................................................................................................... 4 1.1 References to Labeled Provisions ...................................................................................... 4 1.2 Definitions ........................................................................................................................... 4 1.3 RTP Process Terms and Conditions ................................................................................... 5

2.0 PURPOSE ........................................................................................................................................ 5

3.0 SCOPE OF WORK .......................................................................................................................... 7 3.1 Scope of Project .................................................................................................................. 7 3.2 Preliminary Project Schedule .............................................................................................. 8 3.3 Special Challenges ............................................................................................................. 8

4.0 RESPONSE EVALUATION AND SELECTION PROCESS ............................................................ 8 4.1 Selection Committee ........................................................................................................... 8 4.2 Selection Criteria ................................................................................................................. 8 4.3 Selection Process ............................................................................................................. 11 4.4 Schedule of Events ........................................................................................................... 11 4.5 Clarifications ...................................................................................................................... 11 4.6 Interviews or Demonstrations ........................................................................................... 11 4.7 Evaluation of Results ........................................................................................................ 12

5.0 RESPONSE SUBMISSION REQUIREMENTS ............................................................................. 12 5.1 General Overview ............................................................................................................. 12 5.2 Response Documentation and Delivery............................................................................ 12 5.3 Submission Requirements for Multiple Categories ........................................................... 13 5.4 Submission Requirements for General Contractors ......................................................... 13 5.5 Submission Requirements for Bridge Demolition Subcontractors .................................. 16 5.6 Submission Requirements for Streetscape/Landscape Subcontractors .......................... 17 5.7 Submission Requirements for Municipal Underground Infrastructure Subcontractors ..... 18 5.8 Submission Requirements for Retaining Wall Subcontractors ......................................... 19 5.9 Project Experience Reference Requirements ................................................................... 20

APPENDICES Appendix A RTP Process Terms and Conditions ....................................................................................... 21 Appendix B Standard Submission Forms ................................................................................................... 27 Appendix C Project Experience Template .................................................................................................. 31 Appendix D Project Sketches (For Information Only) ................................................................................. 32 Appendix E Construction Constraints (For Information Only) ..................................................................... 39 Appendix F Fair Wage Schedules .............................................................................................................. 43 Appendix G Prequalified Utility Contractors ................................................................................................ 55

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1.0 TERMINOLOGY 1.1 References to Labeled Provisions

Each reference in this Request to Pre-qualify to a numbered or lettered “section”, “subsection”, “paragraph”, “subparagraph”, “clause” or “subclause” shall, unless otherwise expressly indicated, be taken as a reference to the correspondingly labeled provision of this Request to Pre-qualify (RTP).

1.2 Definitions

Throughout this Request to Pre-qualify, unless inconsistent with the subject matter or context, “Agreement” means the executed formal written contract between the City and the Successful Bidder setting out the respective duties, responsibilities and obligations contemplated by this RTP and the subsequent Tender. “City” means City of Toronto. "City Contact" means the City employee(s) designated as City Contact on the Notice to Potential Respondents for all matters related to the RTP call process. “Contractor” means the successful bidder of the subsequent Tender with whom the City enters into an Agreement for the provision of labour, supplies, materials, equipment and other resources for the supply, execution, fabrication, installation and construction of the Work and is the Constructor of the Project in accordance with OHSA. "Consortium" means a joint venture of two or more distinct legal entities that agree between themselves to work together to submit a Response and thereby undertake to perform any resulting contract(s): Where a consortium is responding to this RTP, the following shall apply:

(i) One Respondent shall identify itself as the Prime Respondent. (ii) The Respondent shall identify and list in its Response all other consortium

members and what each will supply or perform. (iii) The Respondent shall acknowledge that the Respondent shall assume full legal

responsibility and liability for the work and actions of all consortium members with respect to the obligations to be assumed pursuant to this RTP, provided that the City shall be entitled to reject any proposed consortium member as is the case with any proposed subcontractor.

“Council” means City of Toronto Council. “Evaluation Team” denotes representatives selected by the City. “May” and “should” used in the RTP denotes permissive (not mandatory). “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act. “Must”, “shall” and “will” used in this RTP denote imperative (mandatory), meaning Responses not satisfying imperative (mandatory) requirements will be deemed to be non-compliant and will not be considered for contract award. “Pre-qualified Bidder” means a Respondent whose Response, as determined by City staff through the evaluation analysis in the RTP, has the qualifications and meets the requirements of the City for this project and is eligible to bid for the subsequent Tender. “Pre-qualified Subcontractor” means a Respondent whose Response, as determined by City staff

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through the evaluation analysis in the RTP, has the qualifications and meets the requirements of the City for this project and is eligible to bid as a subcontractor for the subsequent Tender. “Project” means the Master Contract of the Six Points Interchange project which includes existing interchange removal, road resurfacing, road reconstruction, utility reconstruction, underground municipal reconstruction, boulevard and streetscaping street lighting, traffic signal, structural and site grading work. “Project Manager” means main contact person at the City for all matters relating to the project. “Project Team” means City’s assigned staff and Consultants. “Respondent” means a legal entity that submits a Response. If two or more legal entities wish to submit a response as a consortium, one member of the consortium must be identified as the Respondent with whom the City may enter into an Agreement, and the other member(s) must be identified as subcontractors to that Respondent. “Response” means an offer submitted by a Respondent in response to a form Request to Pre-qualify (RTP), which includes all of the documentation necessary to satisfy the submission requirements of the RTP. “RTP” means this Request to Pre-qualify package in its entirety, inclusive of all Appendices and any bulletins or Addenda that may be issued by the City. “Tender” means the subsequent pre-qualified Request for Tender package in its entirety, inclusive of all Appendices and any bulletins or Addenda that may be issued by the City. “Work” means the construction work and related services including the supply of equipment, labour and materials required as part of the subsequent Tender.

1.3 RTP Process Terms and Conditions

This RTP process is governed by the terms and conditions in Appendix ‘A’. 2.0 PURPOSE

The Six Points Interchange is located at the intersection of Dundas Street West, Bloor Street West and Kipling Avenue, near the Kipling Subway/GO Train stations. In the 1980's, the City of Etobicoke chose the Six Points area (Dundas Street West/Kipling Avenue/Bloor Street West) for the location of its new civic centre. The new civic centre was never built and the lands were identified as a potential future mixed-use residential/commercial development node. In 2003, the Six Points Interchange Reconfiguration Class Environmental Assessment (EA) Study was initiated. The Class EA study examined various scenarios for the existing road configuration to support the development of Etobicoke Centre and the objectives of the Etobicoke Centre Secondary Plan. The study concluded in 2008 and identified a preferred reconfiguration for the interchange that was based on the removal of existing bridges and the construction of standard intersections between Kipling Avenue, Bloor Street West and Dundas Street West. To finalize streetscaping and open space plan details, the City undertook an urban design study between 2009 and 2011. This study included detailed streetscape designs for the new roads to be as detailed in the Six Points Interchange Reconfiguration Environmental Assessment. Cross sections for the streetscape designs finalized in this study included public realm details such as pedestrian clear zones, market zones and tree planting zones.

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Transformation of the interchange will include the future rebuilding of the Kipling Subway/GO Transit stations. The existing bridges and ramps of the old road interchange, which was constructed in the 1950s, will be removed and replaced with three major at-grade intersections at: 1. Dundas Street West & Bloor Street West; 2. Dundas Street West & Kipling Avenue; and, 3. Bloor Street West & Kipling Avenue. Dundas Street West will be re-constructed east of Kipling Avenue through the former Westwood Theatre lands to meet Bloor Street West, and Bloor Street West will be re-constructed east of Kipling Avenue to re-establish connectivity. The reconfiguration will result in surplus City lands, which will be parcelled for re-development and managed by Build Toronto. One of the parcels of land will incorporate a new YMCA facility near Kipling Avenue at Dundas Street West. Pre-design, detailed design and preparation of construction tender documents are underway for the reconfiguration of the Six Points Interchange as a multi-year phased construction project (the Master Contract) to include: a) Road network re-alignment and construction; b) Sewer and watermain upgrades and relocation; c) Above ground and underground utility relocation; d) Bridge structure removal; and, e) Retaining wall construction. The first contract of the Six Points Interchange Reconfiguration project began in October 2014 and was completed in Fall 2015. The Master Contract of the Six Points Interchange reconfiguration project is at 90% design completion. It's anticipated that the Master Contract will be tendered in Spring of 2016 and start construction in late Summer of 2016. The anticipated completion date of the Master Contract is November 30, 2019. The project will require significant logistic and project management capabilities on the part of the Contractor. Key to success will include the ability to: work safely in close proximity to and over the rail corridor, provide successful traffic management, coordinate efficiently with utility companies, provide high quality of work, provide multiple crews to work continuously and simultaneously during weekdays, week nights, and weekends, manage suppliers and sub-trades; and, to work in an environment of heightened public interest. The City of Toronto invites experienced General Contractors with superior project management abilities and demonstrated expertise in completing road construction work, with significant construction and operational constraints, to apply for this pre-qualification for the Reconfiguration of Six Points Interchange. The City of Toronto also invites experienced Subcontractors with abilities and demonstrated expertise in completing bridge demolition, structural retaining wall, municipal underground infrastructure, and streetscape/landscape, to apply for this pre-qualification for the Reconfiguration of Six Points Interchange. Respondents submitting a Response must do so in accordance with this RTP. Any contractor previously pre-qualified for other works must re-submit for this RTP. Only General Contractors that have been pre-qualified as a result of this RTP will be eligible to bid on the subsequent Tender for this Project. Only Subcontractors that have been pre-qualified as a result of this RTP will be eligible to be bid as subcontractors on the subsequent Tender for this Project. This project will be subject to compliance with all City of Toronto Policies including the City of Toronto's Fair Wage Policy and Labour Trades Contractual Obligations in the Construction Industry, outlined in Appendix "F".

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3.0 SCOPE OF WORK 3.1 Scope of Project

The Master Contract of the Six Points Interchange project includes existing interchange removal, road resurfacing, road reconstruction, utility reconstruction, underground municipal reconstruction, boulevard and streetscaping, street lighting, traffic signal, structural and site grading work.

The work to be completed includes, but is not limited to, the following: Removal of 3 existing bridges including foundation and retaining walls; Reconstruction of the following roads:

o Dundas Street (including new alignment) o Bloor Street o Kipling Avenue o Beamish Road o Dunbloor Road o Viking Lane o Kipling Avenue Bus Ramps o St. Alban’s Road

New Construction of Roads A, B and C Underground Storm, Sanitary and Watermain construction along the following roads:

o Dundas Street o Bloor Street o Kipling Avenue o Road A o Road B

Streetscaping and boulevard construction along all roads, including off-street bicycle lane along Dundas Street, Bloor Street and Kipling Avenue

Traffic Signals Street Illumination along all roads Utility relocation (construction work) for: Toronto Hydro; Bell Canada; Cogeco Data Services,

Telus Canada, and Rogers Utility relocation (coordination work) for: Enbridge Gas and Bell Canada (Phase I)

Project Sketches are included with this Request to Pre-Qualify (Appendix "D"). For more details on the project's overall information, Respondents should visit the project website by selecting the following link: www.toronto.ca/sixpoints For more details on the project's scope of work, Respondents should visit the project website by selecting the following link: http://www1.toronto.ca/City%20Of%20Toronto/Policy,%20Planning,%20Finance%20&%20Administration/Public%20Consultation%20Unit/Construction/Six%20Points%20Interchange%20Reconfiguration/Files/pdf/140612%20Presentation%20-%20web.pdf These appendices and links are being provided for INFORMATION PURPOSES ONLY, and the information therein is subject to revisions in the subsequent Tender. Questions related to the contents of the sketches/links will NOT be answered during the Pre-Qualification period. The Respondents who are pre-qualified as a result of this RTP will be permitted to submit questions during the Tender period. Prequalified lists of utility Subcontractors are included in Appendix G "Prequalified Utility Contractors". When submitting bids for the Master Contract, the Pre-qualified Bidders shall select the prequalified utility Subcontractors from the approved lists.

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3.2 Preliminary Project Schedule

The anticipated key milestone dates are as follows: Issue Tender – April 25, 2016 Deadline for Questions – May 17, 2016

Close Tender – May 20, 2016 Award Contract to Successful Bidder – August 17, 2016 Order to Commence Site Work – September 12, 2016 Complete Work – November 30, 2019 The above noted dates are the estimated time line and are subject to change without further notice. The dates are provided to give the Respondent some insight into the City’s expectations and the schedule that is being contemplated. The City may modify and/or cancel the Tender Call prior to accepting any Bid. In particular, the City reserves the right to cancel the Tender Call in the event that all necessary third party approvals are not in place, including the necessary approvals from TTC and Ministry of Environment.

3.3 Special Challenges The Contractor for the Project is expected to meet several challenges in the execution of the work. Some of these challenges are addressed in Appendix E "Construction Constraints". Questions related to the contents of the Construction Constraints will NOT be answered during the Pre-Qualification period. The Respondents who are pre-qualified as a result of this RTP will be permitted to submit questions during the Tender period.

4.0 RESPONSE EVALUATION AND SELECTION PROCESS 4.1 Selection Committee

All Responses will be evaluated through a comprehensive review and analysis by a Selection Committee, which will include members from the City's Engineering and Construction Services Division.

The Selection Committee may at its sole discretion retain additional committee members or advisors.

The aim of the Selection Committee will be to select Responses which in its opinion meet the City’s requirements under this RTP. By responding to this RTP, Respondents will be deemed to have agreed that the decision of the Selection Committee will be final and binding.

4.2 Selection Criteria

Responses will be reviewed and evaluated based on the submission requirements identified in Section 5.0 of the RTP. Failure of a Response to meet any mandatory requirement(s) listed will result in disqualification, and the Response will not be considered further.

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A Response must meet all mandatory requirements, as applicable, in order to be evaluated. A Response must receive the following in order for the Respondent to pre-qualify for an applicable category: (1) the minimum points required in the applicable section(s) as detailed in the tables below; AND (2) a minimum overall score of 65 points out of a possible 100 points in the applicable category. In the event that a Respondent pre-qualifies as both a Pre-qualified Bidder and a Pre-qualified Subcontractor (for any category/categories), the Pre-qualified Bidder may NOT submit bids as a Subcontractor for any other Bid except its own for the subsequent Tender.

Responses will be evaluated and scored based on the following categories:

4.2.1 General Contractors

Mandatory Technical Submission Requirements For General Contractors

Pass/Fail

Mandatory Experience Requirements For General Contractors

Pass/Fail

Evaluated Submission Requirements For General Contractors

Available Points

Minimum Points

Required Section A - Company Information 10 points n/a Section B - Project Experience 10 points n/a Section C - Quality Control and Quality Assurance Procedures

20 points 13 points

Section D - Health and Safety Information 15 points 10 points Section E - Environmental Management Policy 15 points 10 points Section F - Planning and Scheduling 30 points 22 points TOTAL 100 points 65 points

Refer to Section 5.4 of the RTP for more information. 4.2.2 Bridge Demolition Subcontractors

Evaluated Submission Requirements For Bridge Demolition Subcontractors

Available Points

Minimum Points

Required Section A - Company Information 15 points n/a Section B - Project Experience 40 points 25 points Section C - Health and Safety Information 20 points 12 points Section D - Planning, Scheduling, and Traffic Staging 25 points 15 points TOTAL 100 points 65 points

Refer to Section 5.5 of the RTP for more information.

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4.2.3 Streetscape/Landscape Subcontractors

Mandatory Experience Requirements For Streetscape/Landscape Subcontractors

Pass/Fail

Evaluated Submission Requirements For Streetscape/Landscape Subcontractors

Available Points

Minimum Points

Required Section A - Company Information 10 points n/a Section B - Project Experience 30 points 18 points Section C - Quality Control and Quality Assurance Procedures

20 points 12 points

Section D - Health and Safety Information 15 points 8 points Section E - Environmental Management Policy 10 points n/a Section F - Planning and Scheduling 15 points 8 points TOTAL 100 points 65 points


4.2.4 Municipal Underground Infrastructure Subcontractors

Evaluated Submission Requirements For Municipal Underground Infrastructure Subcontractors

Available Points

Minimum Points


20 points 12 points

Section D - Health and Safety Information 15 points 8 points Section E - Environmental Management Policy 15 points 8 points Section F - Planning and Scheduling 10 points n/a TOTAL 100 points 65 points


4.2.5 Structural Retaining Wall Subcontractors

Evaluated Submission Requirements For Structural Retaining Wall Subcontractors

Available Points

Minimum Points


30 points 20 points

Section D - Health and Safety Information 10 points 5 points Section E - Planning and Scheduling 10 points n/a TOTAL 100 points 65 points


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4.3 Selection Process

The Selection Committee will evaluate the Responses to determine the pre-qualified list of Bidders and Subcontractors. The City of Toronto reserves the right, in its sole discretion to reject any Response.

If the Respondent fails to provide or satisfy any of the mandatory requirements, its Response will be rejected.

The City, in its sole discretion, reserves the right to cancel the RTP entirely or cancel the RTP for a specific category and/or to re-issue a new RTPor additional RTPs, as deemed necessary, to supplement the list of Pre-qualified Bidders and/or Subcontractors.

Due to the complexity of the project, only General Contractors and Subcontractors deemed qualified will be invited to submit a bid for the subsequent Tender for the reconfiguration of Six Points Interchange project. The authority to determine the Respondents which will be pre-qualified for this subsequent Tender rests solely, and completely, with the City of Toronto.

The documents and answers herein provided will be used to determine whether Respondents are qualified to bid on the reconfiguration of Six Points Interchange project. The City reserves the right to check other available sources. Omission of requested information may result in disqualification.

4.4 Schedule of Events

Release of RTP – March 2, 2016 Deadline for Questions from Respondents – March 15, 2015 at 12 noon (local Toronto time) Deadline for Submission of Response to RTP – March 18, 2016 at 12 noon (local Toronto time) Evaluation of Responses Completed – Early April, 2016 Selection of Preferred Respondents – Mid-April, 2016 This schedule is subject to change and appropriate written notice of any changes will be provided where feasible.

4.5 Clarifications

As part of the evaluation process, the Selection Committee may make requests for further information with respect to the content of any Response in order to clarify the understanding of the Respondent’s response. The clarification process shall not be used to obtain required information that was not submitted at time of close or to promote the Respondent’s company.

The Selection Committee may request this further information from one or more Respondents and not from others.

4.6 Interviews or Demonstrations

A Respondent whose written Response has met or exceeded the minimum score of 65 out of a total of 100 points (65%) may be invited to an interview with the Selection Committee, the results of which will be used by the Committee as a mechanism to revisit, revise, confirm and finalize the score and select the Pre-Qualified Bidders and Subcontractors(s).

The representatives designated by the Selection Committee in its invitation to the Respondent must attend any interview scheduled as part of this evaluation process unless the City agrees otherwise in writing and at its sole discretion.

The representative of a Respondent at any interview scheduled is expected to be thoroughly versed and knowledgeable with respect to the requirements of this RTP and the contents of its

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Response, and must have the authority to make decisions and commitments with respect to matters discussed at the interview. Where the staff team proposed by the Respondent is an important element in the selection criteria, the staff team proposed shall be present for the interviews. No Respondent will be entitled to be present during, or otherwise receive, any information regarding any interview with any other Respondent. The Selection Committee may interview any Respondent(s) without interviewing others, and the City will be under no obligation to advise those not receiving an invitation until completion of the evaluation and selection process.

4.7 Evaluation of Results

Upon conclusion of the evaluation process, a final recommendation will be made by the Selection Committee to the appropriate City staff member and/or City Council. Response evaluation results shall be the property of the City and are subject to MFIPPA. Evaluation results may be subject to public release pursuant to MFIPPA. Respondents should be aware that Council and individual Councilors have the right to view the responses provided that their requests have been made in accordance with the City’s procedure.

5.0 RESPONSE SUBMISSION REQUIREMENTS 5.1 General Overview

The City has formulated the procedures set out in this RTP to ensure that it receives Responses through an open, competitive process, and that Respondents receive fair and equitable treatment in the solicitation, receipt and evaluation of their Responses. The City may reject the Response of any Respondent who fails to comply with any such procedures. Responses should address the RTP content requirements as outlined herein, should be well ordered, detailed and comprehensive. Clarity of language, adherence to suggested structuring, and accessible documentation is essential to the City’s ability to conduct a thorough evaluation. General marketing and promotional material will not be reviewed or considered.

5.2 Response Documentation and Delivery

The documentation for each Response:

a) Must be submitted in a sealed envelope or container (submissions made by fax, telephone, electronic message or telegram will not be accepted) displaying a full and correct return address.

b) Must consist of one (1) original hard copy (clearly marked as such on its first page), and

preferably include three (3) full photocopies of:

1 A Main Response Document as described in Section 5.0

Response Content to include all attachments and appendices as required. (Mandatory)

2 Form 1 (Response Submission Form)

Completed and signed by an authorized official of the Respondent. This includes selecting the category for which the Respondent is submitting a Response, and the acknowledgement of all addenda received as per Appendix A, item 4. (Mandatory)

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3

Form 2 (Policy to Exclude Bids from External Parties involved in the Preparation or Development of a Specific Call/Request)

Completed as indicated. (Mandatory)

4

Form 3 (Restrictions on the Hiring and use of Former City of Toronto Management Employees for City Contracts)

Completed as indicated, if applicable.

. c) Must be completed in a non-erasable medium and signed in ink.

d) Must not include:

i) any qualifying or restricting statements; ii) exceptions to the terms and conditions of the RTP that have not been approved

through an addendum; or iii) additional terms or conditions.

e) Must be delivered no later than the Closing Deadline to:

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

Delays caused by any delivery service (including Canada Post and courier) shall not be grounds for any extension of the Deadline, and Responses that arrive after the Deadline will not be accepted.

ANY RESPONSE SUBMISSION FAILING TO COMPLY WITH ANY OF THESE MANDATORY REQUIREMENTS WILL BE DECLARED NON-COMPLIANT AND NOT CONSIDERED FURTHER.

5.3 Submission Requirements for Multiple Categories Respondents that are submitting a Response for multiple categories are to complete the following, in addition to Section 5.2 above: a) Responses for each category must be submitted in separate packages; b) Form 1 must clearly indicate the category for which the Response has been submitted; and

c) The category of work for which projects are submitted in Appendix "C" must be clearly

completed in "Category Experience Requirement".

Failure of a Respondent to submit their Response in accordance with these requirements may result in their Response being declared non-compliant, and the Response will not be considered further.

5.4 SUBMISSION REQUIREMENTS FOR GENERAL CONTRACTORS

Respondents that are submitting a Response for the General Contractor category are to include the following their submission:

5.4.1 Mandatory Technical Submission Requirements

Any Response that fails to include any of the following mandatory requirements will be declared non-compliant and will not be considered further:

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1. Letter from a Guarantee Surety company, authorized to practice in the province of

Ontario, stating intent to provide a Performance Bond and Labour and Material Payment Bond in the amount of $35,000,000.00 each and a Bid Bond in the amount of $2,250,000.00. State the name of your Surety Company, contact person and telephone number and the length of time you have been with this company. State that the Respondent had a surety become financially involved to complete a contract by the Respondent for any reason whatsoever within the past five (5) years. This letter must be issued no earlier than 30 days prior to the closing date of this RTP.

Note: The figures provided are for the Surety Company to provide the above noted letter and do not represent the actual project cost.

2. Letter, issued no earlier than 30 days prior to the closing date of this RTP, from the

Respondent’s Insurance Company, licensed to do business within the Province of Ontario, stating that the Respondent agrees and has the capacity to purchase and maintain, or cause to be maintained, and kept in force, at its own cost and expense and for the duration of the construction contract agreement, the following policies of insurance:

(a) Commercial General Liability Insurance which has inclusive limits of not less than

$5,000,000.00, per occurrence, for bodily injury and property damage resulting from any one occurrence and which extends to include Personal Injury Liability, Broad Form Contractual Liability, Owner’s and Contractor’s Protective Coverage, Completed Operations Coverage, Contingent Employer’s Liability and Non-Owned Automobile Liability. The policy will include a Cross Liability and Severability of Interest Clause of standard wording.

(b) All-Risk Property insurance written on a replacement cost basis of $1,000,000.00

on all materials, supplies and equipment and/or systems installed by contractor or on behalf of the contractor by its contractors or sub-contractors, including materials and supplies used by the contractor in the performance of the work.

(c) Owner's Property Insurance - by City of Toronto.

(d) The City of Toronto will permit Contractors to provide insurance under (a), (b),

(c), (d) and (e) herein with deductibles not in excess of $25,000.00

(e) Automobile Liability coverage with a limit of at least $2,000,000.00 for all motorized vehicles used in the performance of services.

The above policies will include the City of Toronto and the property owner as additional insured and a clause which states that the policy will not be cancelled or materially changed without the City of Toronto receiving 30 days prior written notice.

5.4.2 Mandatory Experience Requirements

Any Response that fails to include the information required to meet the following mandatory requirements will be declared non-compliant and will not be considered further: Respondents must have completed (including testing and commissioning), and must have achieved Substantial Performance as defined in the Construction Lien Act for at least three (3) projects within the past fifteen (15) years as General Contractor involving the construction and/or reconstruction of road having a minimum dollar value of $12,000,000.00 Canadian Dollars each (excluding taxes). At least one of these projects must have involved staged/phased construction activities. At least one of these projects must have utility subcontractors.

Respondents should provide the information in the template provided in Appendix "C". At a minimum, the project information provided must include the details requested in Appendix "C".

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5.4.3 Evaluated Submission Requirements

Section A - Company Information 1. Provide a description of the legal structure of the company. Indicate the year established

and indicate if consortium, corporation, partnership, registered, sole proprietor, or other. Provide the names and titles of Officers, Partners, and Principal. Provide particulars of all related or associated companies under which you conduct business, currently or within the last six (6) years.

2. Include a fully completed and signed CCDC Document 11 Form latest edition. The items evaluated under the CCDC Form 11 are Years in Business, Annual Construction Value, Experience with Similar / Related Projects, and References. The City may contact any of the names given, at random, to obtain a quality/performance reference.

3. Provide organization chart indicating key onsite and office support personnel and reporting relationships specific to the proposed Work. Provide their professional and/or trade qualifications, years of experience, resumes for key personnel (Project Manager, Site Superintendent, Site Supervisor, Health and Safety Coordinator, Startup and Commissioning Coordinator etc.) related project experience.

Section B - Project Experience Respondents should provide information of additional projects in addition to the Mandatory Experience Requirements in in Section 5.4.2 above. Additional projects should be similar in size and complexity to the project contemplated in this RTP. Respondents should provide the information in the template provided in Appendix "C". At a minimum, the project information provided must include the details requested in Appendix "C".

Section C - Quality Control (QC) and Quality Assurance (QA) Procedures 1. Provide the company QA/QC policy and manual. 2. Provide one (1) sample QA/QC plan from previous projects. Section D - Health and Safety (H&S) Information 1. Provide a detailed description of the company health and safety policy and written

confirmation that the policies will be enforced by the company. 2. Provide one (1) sample H&S plan from projects within the past ten (10) years. 3. To evaluate the Respondent's commitment to maintaining a healthy and safe work

environment, the City will review the WSIB CAD 7 experience rating assessment and the WSIB Workplace Injury Summary Report.

Section E - Environmental Management Policy 1. Provide a detailed description of the company Environmental Management Policy. 2. Provide one (1) sample Environmental Management Plan (EMP) H&S plan from previous

projects. Section F - Planning and Scheduling 1. Provide two (2) previous comprehensive construction schedules. The schedule should

show the critical paths and the demonstration of the project management skills. 2. Provide one (1) project plan from previous projects. This project plan should be similar in

scale and complexity to the project contemplated in this RTP.

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5.5 SUBMISSION REQUIREMENTS FOR BRIDGE DEMOLITION SUBCONTRACTORS

Respondents that are submitting a Response for the Bridge Demolition Subcontractor category are to include the following their submission:

5.5.1 Evaluated Submission Requirements for Bridge Demolition Subcontractors

Section A - Company Information 1. Provide a fully completed and signed CCDC Document 11 Form latest edition. The items

evaluated under the CCDC Form 11 are Years in Business, Annual Construction Value, Experience with Similar / Related Projects, and References. The City may contact any of the names given, at random, to obtain a quality/performance reference.

2. Provide organization chart indicating key onsite and office support personnel and reporting relationships specific to the proposed Work. Provide their professional and/or trade qualifications, years of experience, resumes for key personnel (Project Manager, Site Superintendent, Site Supervisor, Health and Safety Coordinator, Startup and Commissioning Coordinator etc.) related project experience.

Section B - Project Experience Respondents should provide two (2) multi-lanes concrete bridge demolition projects, which they have completed. The projects should be located over multi-lanes road and should be completed within the past ten (10) years. At least one (1) of these projects should have involved staged/phased construction activities. Respondents are encouraged to provide the information in the template included in Appendix "C". At a minimum, the project information provided should include the details requested in Appendix "C". Section C - Health and Safety (H&S) Information 1. Provide a detailed description of the company health and safety policy and written



Section D – Planning, Scheduling, and Traffic Staging 1. Provide one (1) previous comprehensive construction schedule. The schedule should

show the staging of the bridge demolition. 2. Provide one (1) project plan from previous projects. 3. Provide one (1) traffic control management plan including traffic staging from previous

projects.

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5.6 SUBMISSION REQUIREMENTS FOR STREETSCAPE/LANDSCAPE SUBCONTRACTORS

Respondents that are submitting a Response for the Streetscape/Landscape Subcontractor category are to include the following their submission:

5.6.1 Mandatory Experience Requirements Any Response that fails to include the information required to meet the following mandatory requirements will be declared non-compliant and will not be considered further: Respondents must have completed at least two (2) streetscaping/landscaping projects in the past ten (10) years. The value of each project must be in excess of $2,000,000.00 Canadian Dollars (excluding taxes). At least one (1) of these projects must have involved a minimum of 500 square metres of soil cells activity. Respondents should provide the information in the template provided in Appendix "C". At a minimum, the project information provided must include the details requested in Appendix "C".




2. Provide organization chart indicating key onsite and office support personnel and

reporting relationships specific to the proposed Work. Provide their professional and/or trade qualifications, years of experience, resumes for key personnel (Project Manager, Site Superintendent, Site Supervisor, Health and Safety Coordinator, Startup and Commissioning Coordinator etc.) related project experience.

Section B - Project Experience Respondents are encouraged to provide information of additional projects other than what must be provided in the Mandatory Experience Requirements in Section 5.6.1 above. Additional projects should be similar in size and complexity to the project contemplated in this RTP. Respondents should provide the information in the template provided in Appendix "C". At a minimum, the project information provided must include the details requested in Appendix "C". Section C - Quality Control (QC) and Quality Assurance (QA) Procedures 1. Provide company QA/QC policy and manual. 2. Provide at least one (1) sample QA/QC plan from previous projects. Section D - Health and Safety (H&S) Information 1. Provide a detailed description of the company health and safety policy and written



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projects. Section F - Planning and Scheduling 1. Provide one (1) previous comprehensive construction schedule. The schedule should



5.7 SUBMISSION REQUIREMENTS FOR MUNICIPAL UNDERGROUND INFRASTRUCTURE SUBCONTRACTORS

Respondents that are submitting a Response for the Municipal Underground Infrastructure Subcontractor category are to include the following in their submission:

5.7.1 Evaluated Submission Requirements Section A - Company Information 1. Provide a description of the legal structure of the company. Indicate the year established

and indicate if consortium, corporation, partnership, registered, sole proprietor, or other. Provide the names and titles of Officers, Partners, and Principal. Provide particulars of all related or associated companies under which you conduct business, currently or within the last six (6) years.

2. Include a fully completed and signed CCDC Document 11 Form latest edition. The items




Section B - Project Experience 1. Provide one (1) completed project of 300 mm diameter (or greater) of watermain in the

past ten (10) years with a value of in excess of $1,000,000.00 Canadian Dollars (excluding taxes).

2. Provide one (1) completed project of 750 mm diameter (or greater) of transmission

watermain (steel with concrete encased and cement mortar liner) in the past ten (10) years with a value of in excess of $1,000,000.00 Canadian Dollars (excluding taxes).

3. Provide one (1) completed project of 300 mm diameter of concrete watermain (or greater)

in the past ten (10) years with a value of in excess of $500,000.00 Canadian Dollars (excluding taxes).

4. Provide one (1) completed project of 1200 mm diameter of concrete sewer (or greater) in

the past ten (10) years with a value of in excess of $300,000.00 Canadian Dollars (excluding taxes).

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Section C - Quality Control (QC) and Quality Assurance (QA) Procedures 1. Provide company QA/QC policy and manual. 2. Provide at least one (1) sample QA/QC plan from previous projects. Section D - Health and Safety (H&S) Information 1. Provide a detailed description of the company health and safety policy and written


environment the City will review the WSIB CAD 7 experience rating assessment and the WSIB Workplace Injury Summary Report.


projects. Section F - Planning and Scheduling 1. Provide two (2) previous comprehensive construction schedules. The schedule should



5.8 SUBMISSION REQUIREMENTS FOR RETAINING WALL SUBCONTRACTORS

Respondents that are submitting a Response for the Retaining Wall Subcontractor category are to include the following in their submission:






Section B - Project Experience Provide one (1)project of cast in-place reinforced concrete retaining wall (one (1) metre wall height or greater) completed by the Respondent in the past ten (10) years with a value of in excess of $500,000.00 Canadian Dollars (excluding taxes).


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Section C - Quality Control (QC) and Quality Assurance (QA) Procedures 1. Provide QA/QC policy and manual. 2. Provide at least one (1) sample QA/QC plan from previous projects. Section D - Health and Safety (H&S) Information 1. Provide a detailed description of the company health and safety policy and written



Section E - Planning and Scheduling 1. Provide one (1) previous construction schedule. The schedule should show the critical

path and the stages. 2. Provide one (1) project plan from previous projects. This project plan should be similar in

scale and complexity to the project contemplated in this RTP. 5.9 Project Experience Reference Requirements

The City may use the project references provided to verify and confirm the project information provided in the Response. The City reserves the right to contact any or all of the project references provided, and will make its own arrangements in contacting the contact persons listed. It is the Respondent's responsibility to ensure that the contact information provided is current and that the project references will be available and able to confirm the project information provided. Should any contact fail to confirm a Respondent's experience as stated in their Response, the Response may be declared non-compliant and will not be considered further.

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APPENDICES

APPENDIX A RTP PROCESS TERMS AND CONDITIONS

1. Respondent’s Responsibility ............................................................................................. 22 2. Prime Respondent ............................................................................................................ 22 3. Questions .......................................................................................................................... 22 4. Addenda ............................................................................................................................ 22 5. Exceptions to Mandatory Requirements, Terms and Conditions ..................................... 23 6. Omissions, Discrepancies and Interpretations ................................................................. 23 7. Incurred Costs ................................................................................................................... 23 8. Post-Submission Adjustments and Withdrawal of Responses ......................................... 23 9. No Collusion ...................................................................................................................... 23 10. Prohibition Against Gratuities ............................................................................................ 23 11. Acceptance of Responses ................................................................................................ 24 12. Verification ........................................................................................................................ 24 13. Unbalanced Bids ............................................................................................................... 24 14. Conflicts of Interest ........................................................................................................... 24 15. Ownership and Confidentiality of City-Provided Data ....................................................... 25 16. Ownership and Disclosure of Response Documentation ................................................. 25 17. Intellectual Property Rights ............................................................................................... 25 18. Failure or Default of Respondent ...................................................................................... 25 19. Quasi-Criminal/Criminal Activity of a Respondent ............................................................ 25 20. Publicity ............................................................................................................................. 26 21. Governing Law .................................................................................................................. 26

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1. Respondent’s Responsibility

It shall be the responsibility of each Respondent:

(a) to examine all the components of this RTP, including all appendices, forms and addenda;

(b) to acquire a clear and comprehensive knowledge of the required services before submitting a Response;

(c) to become familiar, and (if it becomes a successful Respondent) comply, with all of the City’s Policies and Legislation set out on the City of Toronto website at www.toronto.ca/tenders/index.htm

The failure of any Respondent to receive or examine any document, form, addendum, Agreement, policy shall not relieve the Respondent of any obligation with respect to its Response or any Agreement entered into or Purchase Order issued based on the Respondent’s Response.

2. Prime Respondent

A joint Response by a consortium of two or more Respondents having no formal corporate links may be submitted, but one person or company must be shown as the prime Respondent and be prepared to represent the consortium to the City by executing the Agreement, acting as the primary contact, and taking overall responsibility for performance of the Agreement.

Where a Response is made by a prime Respondent with associate firms working with or under the prime Respondent in either a sub-contracting or consortium relationship, it is required that those associate firms be named in the Response.

3. City Contact and Questions

All questions concerning this RTP should be directed in writing to the City employee(s) designated as “City Contacts” in the Notice to Potential Respondents.

No City representative, whether an official, agent or employee, other than those identified “City Contacts” are au-thorized to speak for the City with respect to this RTP, and any Respondent who uses any information, clarification or interpretation from any other representative does so entirely at the Respondent’s own risk.

Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Respondent to bypass the RTP process may be grounds for rejection of its Response.

From and after the date of this RTP until the time of any ensuing notification of pre-qualification, no communication with respect to this matter shall be made by any potential Respondent, or its representatives, including a third-party representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Response or oppose any competing Response, nor shall any potential Respondent, or its representatives, including a third party representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss the RTP or its Response with any City staff, City officials or Council member(s), other than a communication with the "City Contact" identified on page 1 on this RTP.

Respondents should be aware that communications in relation to this RTP outside of those permitted by the applicable procurement policies and this RTP document contravene the Lobbying By-law, an offence for which a person is liable to a maximum fine of $25,000.00 on a first conviction and $100,000.00 on each subsequent conviction. In addition, the City's Procurement Processes Policy provides that any Respondent found in breach of the policy may be subject to disqualification from the call or a future call or calls at the discretion of Council.

Notwithstanding anything to the contrary as set out in this document, the obligations as set out in the City of Toronto Municipal Code, Chapter 140 shall apply.

For your information, please find below the links to the City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement: http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf http://www.toronto.ca/legdocs/municode/1184_140.pdf http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf

4. Addenda

If it becomes necessary to revise any part of this RTP, the revisions will be by Addendum posted electronically in Adobe PDF format on the City’s website at www.toronto.ca/calldocuments. Respondents and prospective Respondents SHOULD MONITOR THAT SITE as frequently as they deem appropriate until the day of the Deadline. Only answers to issues of substance will be posted. The City reserves the right to revise this RTP up to

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the Closing Deadline. When an Addendum is issued the date for submitting Responses may be revised by the City if, in its opinion, determines more time is necessary to enable Respondents to revise their Responses.

All Respondents must acknowledge receipt of all Addenda in the space provided on the Response Submission Form.

The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final Addendum (if any) no later than two (2) days prior to the Deadline.

5. Exceptions to Mandatory Requirements, Terms and Conditions

If a Respondent wishes to suggest a change to any mandatory requirement, term or condition set forth in any part of this RTP, it should notify the City in writing not later than the deadline for questions. The Respondent must clearly identify any such requirement, term or condition, the proposed change and the reason for it. If the City wishes to accept the proposed change, the City will issue an Addendum as described in the article above titled Addenda. The decision of the City shall be final and binding, from which there is no appeal. Changes to mandatory requirements, terms and conditions that have not been accepted by the City by the issuance of an Addendum are not permitted and any Response that takes exception to or does not comply with the mandatory requirements, terms and conditions of this RTP will be rejected.

6. Omissions, Discrepancies and Interpretations

A Respondent who finds omissions, discrepancies, ambiguities or conflicts in any of the RTP documentation or who is in doubt as to the meaning of any part of the RTP should notify the City in writing not later than three days before the Closing Deadline. 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 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 RTP documents.

7. Incurred Costs

The City will not be liable for, nor reimburse, any potential Respondent or Respondent, as the case may be, for costs incurred in the preparation, submission or presentation of any Response, for interviews or any other activity that may be requested as part of the evaluation process or the process for the negotiation or execution of an Agreement with the City, as the case may be.

The rejection or non-acceptance of any or all Responses shall not render the City liable for any costs or damages to any firm that submits a Response.

8. Post-Submission Adjustments and Withdrawal of Responses

No unilateral adjustments by Respondents to submitted Responses will be permitted.

A Respondent may withdraw its Response prior to the Deadline any time by notifying the City Buyer designated in this RTP in writing.

A Respondent who has withdrawn a Response may submit a new Response, but only in accordance with the terms of this RTP.

After the Deadline each submitted Response shall be irrevocable and binding on Respondents for a period of 120 days.

If the City makes a request to a Respondent for clarification of its Response, the Respondent will provide a written response accordingly, which shall then form part of the Response.

9. No Collusion

No Respondent may discuss or communicate about, directly or indirectly, the preparation or content of its Response with any other Respondent or the agent or representative of any other Respondent or prospective Respondent. If the City discovers there has been a breach at any time, the City reserves the right to disqualify the Response or terminate any ensuing Agreement.

10. Prohibition against Gratuities

No Respondent and no employee, agent or representative of the Respondent, may offer or give any gratuity in the form of entertainment, participation in social events, gifts or otherwise to any officer, director, agent, appointee or employee of the City in connection with or arising from this RTP, whether for the purpose of securing an Agreement or seeking favourable treatment in respect to the award or amendment of the Agreement or influencing the performance of the Agreement, including without restriction enforcement of performance standards, or expressing

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appreciation, or providing compensation, for the award of an Agreement or for performance of the City's obligations thereunder or for conferring favours or being lenient, or in any other manner whatsoever.

If the City determines that this article has been breached by or with respect to a Respondent, the City may exclude its Response from consideration, or if an Agreement has already been entered into, may terminate it without incur-ring any liability.

11. Acceptance of Responses

The City shall not be obliged to accept any Response in response to this RTP.

The City may, without incurring any liability or cost to any Respondent:

a) accept or reject any or all Response(s) at any time;

b) waive immaterial defects and minor irregularities in any Responses;

c) modify and/or cancel this RTP prior to accepting any Response;

d) award a contract in whole or in part.

The City is relying on the experience and expertise of the Respondent. The City reserves the right to disqualify any Respondent who has given inaccurate, incomplete, false or misleading information in the sole opinion of the City.

12. Verification

The City reserves the right to verify with any Respondent or with any other person any information provided in its Response but shall be under no obligation to receive further information.

If, in the opinion of the City, any Respondent has clearly misinterpreted the services or underestimated the hours or value of the services to be performed as reflected in its Response content and submitted price/fees, or all or any or any combination of them, then the City may reject its Response as not representative of the scope of the services).

13. Unbalanced Bids

The City may reject a bid if it determines, in its sole discretion, that the bid is materially imbalanced.

A bid is materially imbalanced 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 Response 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.

14. Conflicts of Interest

In its Response, the Respondent 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 Response.

The Respondent 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 Respondent and the nature of that interest. If such an interest exists or arises during the evaluation process or the negotiation of the Agreement, the City may, at its discretion, refuse to consider the Response or withhold the awarding of any Agreement to the Respondent until the matter is resolved to the City’s sole satisfaction.

If, during the Response evaluation process or the negotiation of the Agreement, the Respondent is retained by another client giving rise to a potential conflict of interest, then the Respondent will so inform the City. If the City requests, then the Respondent will refuse the new assignment or will take such steps as are necessary to remove the conflict of interest concerned.

Respondents are cautioned that the acceptance of their Response may preclude them from participating as a Respondent in subsequent projects where a conflict of interest may arise. The successful Respondent for this project may participate in subsequent/other City projects provided the successful Respondent 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 Respondent.

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15. Ownership and Confidentiality of City-Provided Data

All correspondence, documentation and information provided by City staff to any Respondent or prospective Respondent in connection with, or arising out of this RTP, the Services or the acceptance of any Response:

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

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

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

16. Ownership and Disclosure of Response Documentation

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

a) shall become the property of the City and may be appended to the Agreement and/or Purchase Order with the successful Respondent;

b) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"), and may be released, pursuant to that Act.

Because of MFIPPA, prospective Respondents are advised to identify in their Response material any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury.

Each Respondent’s name at a minimum shall be made public. Responses will be made available to members of City Council provided that their requests have been made in accordance with the City’s procedure and may be released to members of the public pursuant to MFIPPA.

17. Intellectual Property Rights

Each Respondent warrants that the information contained in its Response 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 Response.

18. Failure or Default of Respondent

If the Respondent, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Respondent under the terms of the RTP, the City may disqualify the Respondent from the RTP and/or from competing for future tenders or RTP issued by the City for a period of one year. In addition, the City may at its option either:

a) Consider that the Respondent has withdrawn any offer made, or abandoned the Agreement if the offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void; or

b) Require the Respondent to pay the City the difference between its Response and any other Response 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 Respondent’s failure or default, and further the Respondent will indemnify and save harmless the City, its officers, employees and agents from all loss, damage, liability, cost, charge and expense whatever which it, they or any of them may suffer, incur or be put to by reason of such default or failure of the Respondent.

19. Quasi-Criminal/Criminal Activity of a Respondent

The City may reject a Response or Respondent if the City:

a) Confirms that the Respondent or any individual that owns, directs, or controls the Respondent 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;

b) Determines that this charge or conviction is material to the given procurement; and

c) Determines that, in light of this charge or conviction, awarding to that Respondent/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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20. Publicity

The Respondent and its affiliates, associates, third-party service providers, and subcontractors shall not release for publication any information in connection with this RTP or any Agreement without prior written permission of the City.

21. Governing Law

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

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APPENDIX B

STANDARD SUBMISSION FORMS

FORM 1: Response Submission Form – Mandatory

FORM 2: Policy to Exclude Bids From External Parties Involved in the Preparation or

Development of a Specific Call/Request - Mandatory

FORM 3: Restrictions on the Hiring and Use of Former City of Toronto Management Employees for City Contracts – Mandatory If Applicable

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FORM 3 RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT

EMPLOYEES FOR CITY CONTRACTS The purpose of this Policy to ensure: a) 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.

b) To monitor for other potential conflicts of interest or unfair advantage involving bidders or proponents who employ former employees who may be included on project work contracted by the City or its special purpose bodies within two years of their departure from employment with the City.

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. 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. In addition, irrespective of whether a former employee was part of a separation or retirement benefit, there are many potential situations of conflict of interest or unfair advantage that may arise where a former employee is to be included on project work contracted by the City within two years following their departure from employment with the City. Those situations may include:

(i) A potential breach of confidential City information/intellectual property; (ii) The potential use of insider information on City plans or strategies; (iii) The potential of undue influence in the evaluation of bids/proposals/responses; and (iv) The creation of an unlevel playing field among bidders/proponents/respondents.

A former employee or their company/firm employing may also be limited or prevented from participating in contracts directly or indirectly related to the City of Toronto or its special purpose bodies for a period of two years where the City deems there to be a conflict of interest or unfair advantage. 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. 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: ____________________________________________ This policy will be considered in the evaluation of all submissions received by the City of Toronto in addition to any other potential conflicts of interest and unfair advantages identified in the RTP. For further information contact:

Manager, Corporate Purchasing, Policy & Quality Assurance 18th

Floor, West Tower, City Hall, (416) 392-0387 For a copy of the City of Toronto Policy, visit the website: www.toronto.ca/calldocuments/pdf/former_employees.pdf

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APPENDIX C PROJECT EXPERIENCE TEMPLATE

Category Experience Requirement(s)

Project Title

Project Location

Description of Project

Owner's Name

Owner's Phone No.

Owner's E-mail

Total Contract Value

Description of Subcontracted Works

Value of Subcontracted Works

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APPENDIX D PROJECT SKETCHES

(FOR INFORMATION ONLY)

ATTACHMENTS Attachment 1: Existing Study Area Attachment 2: Future Street Network Attachment 3: Phase 1 (Initial Works) Attachment 4: Future Construction Stages, Stage 1 (Master Contract) Attachment 5: Future Construction Stages, Stage 2 (Master Contract) Attachment 6: Future Construction Stages, Stage 3 (Master Contract)

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Attachment 1

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Attachment 2

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Attachment 3 (Phase 1, Initial Works)

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Attachment 4

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Attachment 5

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Attachment 6

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APPENDIX E CONSTRUCTION CONSTRAINTS (FOR INFORMATION ONLY)

Road Construction Constraints:

1. The Contractor shall follow the general sequence related to Six Points Project Construction as specified in the suggested Construction Staging Plans in the Contract Documents.

2. The new “Dundas Street West” from Auckland Road to Summerland Terrace via Westwood Theatre Lands shall be constructed first before work can take place on any other corridors.

3. The Contractor shall complete full construction of Dundas Street West from Kipling Avenue to Bloor Street including Road A & Road B and the Bus Ramp by Fall of Year 2017 as per the lane arrangements outlined in the suggested Construction Staging Plan.

4. A minimum of two (2) lanes in both directions shall be maintained along Dundas Street West (existing and reconstructed segments) at all times.

5. A minimum of one (1) lane in both directions shall be maintained along Bloor Street West (existing and reconstructed segments) at all times.

6. A minimum of one (1) lane in each direction shall be maintained along Kipling Avenue (existing and reconstructed segments) at all times, except when Kipling Avenue is closed during the removal of existing bridges.

7. Beamish Drive shall be open to provide local access at all times. The Contractor shall place a sign ``No Access to Dundas Street or Bloor Street`` on either ends of Beamish Drive.

8. Dunbloor Road shall be open to provide local access at all times. The Contractor shall place a sign “No Access to Dunbloor Road” on either ends of the Dunbloor Road.

9. Dundas-Kipling Ramp shall be open to local access only. 10. A minimum of one (1) lane in each direction shall be maintained on St. Albans Road. 11. A night time closure is allowed on Viking Lane provided local access is maintained. 12. Existing Bus Ramp to be closed provided TTC buses are rerouted using the new Road A, Road B

and Dundas Street West as suggested in the Construction Staging Drawings as specified in the Contract Documents.

13. The Contractor shall maintain a minimum safe operating speed of 50 kmh (Design and Posted) on Dundas Street, Kipling Avenue and Bloor Street at all times during construction. The Contractor shall coordinate with the Contract Administrator in the event that a 50 kmh posted speed is not achievable and propose mitigation measures to maintain a safe operating speed through the construction zone.

14. The Contractor shall provide a temporary Northbound (NB) left turn lane along Kipling Avenue at the Bloor Street intersection as required to make sure traffic can circulate in all directions along Dundas Street, Bloor Street and Kipling Avenue through the project limits. The need for this left turn lane shall be indicated on the Contractor’s construction staging plans.

15. During the times when Bloor Street is closed west of Dunbloor Road, the Contractor shall maintain 3 lanes in each direction on the new Dundas Street West alignment from Bloor Street to Kipling Avenue.

16. Kipling Avenue Road Closure constraints for the removal of the two (2) existing bridges are as follows: The two bridges are to be removed over a single long weekend. The Contractor shall prepare a detail plan (signed and sealed by a Professional Engineering

in the Province of Ontario) and schedule indicating how the bridge will be demolished. The plans and schedule shall be submitted to the Contract Administrator for review and acceptance 4 full weeks in advance of the scheduled demolition of the bridges.

The Contractor is allowed to close the Kipling Avenue from 7:00 PM Friday night to 5:00 AM Tuesday Morning.

All work related to Bridge Removals shall be prepared in advance.

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The Contractor shall provide a detail Traffic Management Plan identifying the access, and haul routes for the bridge demolition and disposal equipment.

The Contractor shall verify at his own expense the strength of existing pavement structures with respect to their equipment access route. Any work to increase the strength of the existing pavement to accommodate the Contractor’s bridge demolition and disposal equipment shall be done by the Contractor at his own expense.

The City will not entertain a time extension for the bridge demolition. All work related to Bridge Removal shall be done within the long weekend selected to carry out the work and within the time constraint specified above.

17. The Contractor shall coordinate with the Contract Administrator with respect to adjacent TTC and City of Toronto projects to minimize the traffic disruption within the area.

18. The Contractor shall not close any intersection during the following festivals/local events within Six Points Project Limits. - Taste of Kingsway - Other local festivals within 5 Km radius of the Six Points Project Limits of Construction.

19. The Contractor shall use the Steel Plates which are counter sunk and flush with the asphalt with no skid treatment.

20. The Contractor is allowed to close the small residential driveways for a maximum period of 12 hours. Contractor shall coordinate with the individual property owner 5 working days in advance of the driveway closure. All coordination shall be done through the Contract Administrator.

21. The Contractor shall not close any access to any businesses during the regular business hours. 22. All driveway closure shall be coordinated with the Contractor Administrator and the individual

property owner 1 week in advance of the construction work. 23. The Contractor shall maintain sufficient turning radius for large size vehicle (Large Trucks and

TTC/Mississauga Transit new articulated buses) at all intersections within the project limits during construction.

24. Except major intersections and transition areas, all grinding, sub-base and surface paving work shall be carried out during weekdays.

25. Existing intersections and time duration identified for these intersections to be closed as per the suggested construction staging plans shall be over the weekend, long weekend and during night time only. Temporary restoration shall be completed by the Contractor if the required work is not completed in the anticipated time frame.

26. The Contractor shall coordinate with TTC 8 weeks in advance prior to the installation of the 900 mm Storm Sewer Connection on the south side of Road A adjacent to TTC subway tracks. All Contractor staff (including subcontractors) that work on TTC subway property or adjacent to the subway tracks will require TTC training for working in close proximity to the subway tracks. It is the Contractor’s responsibility obtain this training for staff at their own expense. No additional payment will be provided for TTC training. Proof of training shall be provided to the Contract Administrator prior to starting any work adjacent to the TTC subway tracks. All necessary approvals shall be secured in advance prior to the construction work.

Transit:

1. The Contractor shall inform TTC and Mississauga Transit 4 weeks in advance of any road or intersection closures within the project limits. All communication shall be coordinated through the Contract Administrator.

2. During the Kipling Avenue is closure for bridge demolition, all lanes along Auckland Road (from Dundas Street to Bloor Street), and Bloor Street (from Auckland Road to Kipling Avenue) in both directions shall be open to traffic. No construction work is permitted along these sections of Auckland Road and Bloor Street during the closure of Kipling Avenue. The Contractor to schedule the Bridge Removal work to minimize the disruption to existing transit routes and services.

3. During Bloor Street closure between Kipling Avenue and Beamish Drive, all lanes along Kipling Avenue in both directions shall remain open with no lane restrictions or closure.

4. The Contractor shall maintain uninterrupted TTC and Mississauga Transit bus routes at all times during construction. The Contractor shall provide adequate temporary signs and proper access

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ramps for public transit passengers. A minimum of 2 Working Days' notice is required to relocate temporary TTC bus stop signs. TTC sign relocations shall only be performed by TTC staff. Contractor to coordinate with TTC on this item.

5. The Contractor shall maintain existing bus stops at all times.

Sidewalks/Pedestrian Access:

1. The Contractor shall provide a sidewalk (a minimum of one side of the road) for pedestrian access on all roads at all times.

2. The pedestrian route shall be continuous and as direct a route as possible, with minimal road crossings.

3. Pedestrian access from beyond the Construction Limits to the TTC and GO Transit Kipling Stations shall be maintained through the Six Points Project Limits at all times.

4. Vehicle and pedestrian access to and from all near by Condominium and Residential Apartments within the project construction limits shall be provided at all times.

5. The Contractor shall reconstruct the sidewalk on block by block bases. The length of on-going continuous sidewalk construction shall not exceed a maximum length of 500 m.

6. Where the access to the sidewalks requires relocation, the Contractor shall provide temporary asphalt ramps at the appropriate locations to facilitate pedestrian access to the sidewalk. The ramps shall be a minimum of 2.0m wide and shall not exceed 6% slope or more than 10mm grade difference at any point and also shall meet the AODA requirements.

Project Coordination with Other Construction Projects:

1. The Contractor shall coordinate with the Contract Administrator on an on-going basis for an up-to-date list of all possible construction projects in or within close proximity to the Six Points Project limits, including any emergency infrastructure projects.

2. The Contractor shall coordinate with other Development projects within or in close proximity of the Six Points Project Limits with respect to access and construction activities on the development site. Development Projects known at the time of the contract tender package preparation are listed below. i) Parcel 1 Development: Physical address of this parcel is currently unknown but the parcel is

located on the SE corner of New Dundas Street Loop and the Kipling Avenue intersection. Development is by Build Toronto.

ii) Parcel 2 Development: Physical address of this parcel is currently unknown but the parcel is located on the SE corner of Dundas Street West Loop and Road B intersection. Development is by Build Toronto.

iii) Parcel Development on the SE corner of Auckland Road and Dundas Street West intersection. Development is by Main and Main.

3. Bell (Phase 1) construction along south side of Bloor Street, East of Dunbloor Road and along the Dundas-Kipling Ramp.

4. Enbridge Gas within the Six Points Project corridor limits. 5. TTC Kipling Station Rehabilitation work 6. The Contractor shall coordinate with other Contractors and have a separation of time and space

for their individual limits of Construction Work. The Contractor shall remain the Constructor as per the Occupational Health and Safety Act of Ontario during the entire length of project.

Other Constraints: 1. Any work requiring the restriction of traffic shall be carried out only after the proposed traffic restriction

has been approved by the City. 2. The Contractor shall prepare and distribute RoDARs, as required, for any road restriction or closure. 3. The Contractor shall maintain uninterrupted vehicular and pedestrian access to and from all

residences and businesses at all times.

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4. No claim for delay or expense shall be considered due to any rejection of road or lane closure requests, or for the cancellation of any closure activities due to inclement weather or unforeseen circumstances.

5. The Contractor shall schedule their work, as required, to include overtime and/or extended hours, weekend and night work to complete the Contract by the stipulated completion date. The cost of all overtime, weekend work and night work shall be included in the bid prices and no additional payment will be made.

6. The Contractor shall provide access to all businesses at all times including proper access ramps. 7. The Contractor shall not begin their work before 7 a.m. 8. The Contractor shall accommodate the business owners when they request an access for material

deliveries.

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APPENDIX F

FAIR WAGE POLICY

LABOUR TRADES CONTRACTUAL OBLIGATIONS IN THE CONSTRUCTION INDUSTRY

APPLICABLE SCHEDULES

Heavy Construction Work – 2013

Road Building Work -2013

Sewer and Watermain Construction – 2013

Utility Work – 2013

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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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Fair Wage Office





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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(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)

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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)

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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

“HEAVY CONSTRUCTION WORK” On December 18, 2013, City Council enacted By-law No. 1717-2013 that revises the Heavy Construction Work Schedule for 2013-2016. This schedule is applicable to the construction, reconstruction, rehabilitation, repair of bridges, overpasses, underpasses, etc. This schedule is not applicable to resurfacing of new road construction, otherwise covered by the Road Building Schedule. To obtain a copy of the Heavy Construction Schedule, call the Fair Wage Office at the telephone number listed below or accesses the following link:

Heavy Construction 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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“ROAD BUILDING WORK”

On December 18, 2013, City Council enacted By-law No. 1717-2013 that revises the Road Building Work Schedule for 2013-2016. This schedule is applicable to repair, resurface and new construction, including parking lots and pathways. This schedule is not applicable to bridge cloverleaf or construction work, otherwise covered by Heavy Construction Schedule. To obtain a copy of the Road Building Schedule, call the Fair Wage Office at the telephone number listed below or accesses the following link:

Road Building 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



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“SEWER & WATERMAIN CONSTRUCTION WORK” On December 18, 2013, City Council enacted By-law No. 1717-2013 that revises the Sewer and Watermain Construction Work Schedule for 2013-2016. This schedule is applicable to Sewer and Watermain construction including, reconstruction, demolition, construction maintenance, rehabilitation and repair. This schedule is not applicable to construction work, otherwise covered by Utility Fair Wage Schedule. To obtain a copy of the Sewer & Watermain Schedule, call the Fair Wage Office at the telephone number listed below or accesses the following link:

Sewer & Watermain Construction 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



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“UTILITY WORK” On December 18, 2013, City Council enacted By-law No. 1717-2013 that revises the Utility Work Schedule for 2013-2016. This schedule is applicable for work engaged in power, energy and communication construction involving repair and maintenance. This schedule is not applicable to construction work, otherwise covered by the Sewer and Water Main Fair Wage Schedule. To obtain a copy of the Utility Schedule, call the Fair Wage Office at the telephone number listed below or accesses the following link:

Utility Work 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



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APPENDIX G PREQUALIFIED UTILITY CONTRACTORS

Type of Work Pre-Qualified Contractors

Electrical Traffic Control Device AGI Traffic Technology Inc.

Beacon Utility Contractors Limited Black & McDonald Ltd. Fellmore Electrical Contractors Limited Guild Electric Limited TM3 Inc. Weinmann Limited

Electrical Management Device AGI Traffic Technology Inc. Black & McDonald Ltd. Guild Electric Limited Weinmann Limited

Communication (Bell Canada) Aecon Utilities Avertex Utilities Solutions Inc. Black & McDonald Limited Robert B. Somerville

Hydro-Electric Distribution Aecon Utilities Beacon Utility Contractors Ltd Black & McDonald Limited Con-Elco Ltd Entera Utility Contractors Company Ltd Powerline Plus Ltd Riggs Distler Inc. Robert B. Somerville Transpower Utility Contractors Inc.

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