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RFQ 4001-16-0017 1.0 RFQ Summary 1.1 Quotations are invited for the non-exclusive PVC Piping and Fittings to various Purchasing and Materials Management (Stores) locations from Date of award to May 31, 2017, with the option to renew the Contract for four (4) additional separate one (1) year periods, all in accordance with the provisions and specifications contained in this Request for Quotation (RFQ) and the City of Toronto's Procurement Policies, the attached Appendix “C” - Price Form, and the City of Toronto Fair Wage Policy and Labour Trades Contractual Obligations in the Construction Industry. 2.0 Terminology 2.1 Definitions 2.1.1 In this request for quotation, unless inconsistent with the subject matter or context: “Addendum” or “Addenda” means any document or documents issued by the City prior to the Closing Deadline that changes the terms of the RFQ or contains additional information related to the RFQ; “Agencies and Corporations” refer to bodies and organizations that have a direct reporting or funding relationship with the City of Toronto or Council. The list of current organization name and contact of agencies and corporations to be considered under this RFQ is available from the following page on the City's website www.toronto.ca/abcc “Award” means the acceptance of a Quotation by the City in accordance with Chapter 195 of the City of Toronto Municipal Code; "Bid" means a Bidder's response to the RFQ, which includes all of the documentation necessary to satisfy the requirements of the RFQ, has the same meaning as "Quotation" and is used interchangeably; “Bidder” means any legal entity that submits a Quotation in response to the RFQ; “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day which the City has elected to be closed for business; “Buyer” or "Senior Buyer" means the main contact person at the City for all matters related to the RFQ process, as set out on the RFQ Cover Page; "City" means the City of Toronto including all Agencies and Corporations of the City; “City Confidential Information” means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, 4 of 63 VIEWING COPY DO NOT SUBMIT

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Page 1: to various Purchasing and Materials Management (Stores

RFQ 4001-16-0017

1.0 RFQ Summary 1.1 Quotations are invited for the non-exclusive PVC Piping and Fittings to various Purchasing and

Materials Management (Stores) locations from Date of award to May 31, 2017, with the option to renew the Contract for four (4) additional separate one (1) year periods, all in accordance with the provisions and specifications contained in this Request for Quotation (RFQ) and the City of Toronto's Procurement Policies, the attached Appendix “C” - Price Form, and the City of Toronto Fair Wage Policy and Labour Trades Contractual Obligations in the Construction Industry.

2.0 Terminology 2.1 Definitions 2.1.1 In this request for quotation, unless inconsistent with the subject matter or context:

“Addendum” or “Addenda” means any document or documents issued by the City prior to the Closing Deadline that changes the terms of the RFQ or contains additional information related to the RFQ; “Agencies and Corporations” refer to bodies and organizations that have a direct reporting or funding relationship with the City of Toronto or Council. The list of current organization name and contact of agencies and corporations to be considered under this RFQ is available from the following page on the City's website www.toronto.ca/abcc “Award” means the acceptance of a Quotation by the City in accordance with Chapter 195 of the City of Toronto Municipal Code;

"Bid" means a Bidder's response to the RFQ, which includes all of the documentation necessary to satisfy the requirements of the RFQ, has the same meaning as "Quotation" and is used interchangeably;

“Bidder” means any legal entity that submits a Quotation in response to the RFQ;

“Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day which the City has elected to be closed for business;

“Buyer” or "Senior Buyer" means the main contact person at the City for all matters related to the RFQ process, as set out on the RFQ Cover Page;

"City" means the City of Toronto including all Agencies and Corporations of the City;

“City Confidential Information” means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored,

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expressed or embodied, which comes into the knowledge, possession or control of the Vendor in connection with the Contract. For greater certainty, the City Confidential Information shall:

a) include: (i) all new information derived at any time from any such information whether

created by the City , the Vendor or any third-party; (ii) all information (including Personal Information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation or otherwise at law; but

b) not include information that: (i) is or becomes generally available to the public without fault or breach on the part of the Vendor of any duty of confidentiality owed by the Vendor to the City or to any third-party; (ii) the Vendor can demonstrate to have been rightfully obtained by the Vendor, without any obligation of confidence, from a third-party who had the right to transfer or disclose it to the Vendor free of any obligation of confidence; (iii) the Vendor can demonstrate to have been rightfully known to or in the possession of the Vendor at the time of disclosure, free of any obligation of confidence when disclosed; or (iv) is independently developed by the Vendor; but the exclusions in this subparagraph shall in no way limit the meaning of Personal Information or the obligations attaching thereto under the Contract or other Requirements of Law.

“Closing Deadline” means the date and time specified on the RFQ Cover Page or any Addenda issued by the City, as the date and time by which Bidders must submit their Quotation;

“Conflict of Interest” includes, but is not limited to, any situation or circumstance where:

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

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

“Contract” means the binding agreement that is formed upon Award as confirmed by the issuance of a purchase order, blanket contract or the execution of any written agreement by the City.

“Council” means City Council; "CPI" means The Consumer Price Index (CPI) is an indicator of changes in consumer prices experienced by Canadians. It is obtained by comparing, over time, the cost of a fixed basket of goods and services purchased by consumers.

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“Deliverables” means everything provided to the City in the course of performing the Contract or agreed to be provided to the City under the Contract by the Vendor

"HST", means Harmonized Sales Tax; “including” means “including without limitation” and ”includes” means “includes without limitation”; the use of the word “including” or “includes” is not intended to limit any statement that immediately precedes it to the items immediately following it.

“may” and “should” used in this RFQ denote permissive (not mandatory);

“must”, “shall” or “will” used in this RFQ denote imperative (mandatory), meaning Quotations not satisfying imperative (mandatory) requirements will be deemed to be non-compliant and will not be considered for Award of Contract.

“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act;

"Non-Compliant" means that the Quotation has failed one (1) or more mandatory requirement(s) and will not be considered for Award;

"Quotation" means a Bidder's response to the RFQ, which includes all of the documentation necessary to satisfy the requirements of the RFQ, has the same meaning as "Bid" and is used interchangeably; “Requirements of Law” mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, City by-laws, rules, regulations, policies, official plans, permits, licences, authorisations, directions, and agreements with all authorities that now or at any time hereafter may be applicable to either the Contract or the Deliverables or any part of them; "RFQ" means this Request for Quotation inclusive of all Appendices, Schedules and any Addenda that may be issued by the City;

“Term” means the period of time from the effective date of the Award as evidenced by a City purchase order, until the completion date of the Contract including any renewal options exercised by the City as detailed in Section 4.0.

“Vendor” means the successful Bidder that has been awarded the Contract.

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2.2 References to Labeled Provisions

Each reference in this Request for Quotation 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 labelled provision of this Request for Quotation (RFQ).

2.3 General Interpretation In this RFQ, unless the context otherwise necessitates:

2.3.1 any reference to an officer or representative of the City shall be construed to mean the person

holding that office from time to time, and the designate or deputy of that person, and shall be deemed to include a reference to any person holding a successor office or the designate or deputy of that person;

2.3.2 a reference to any Act, bylaw, rule or regulation or to a provision thereof shall be deemed to

include a reference to any Act, bylaw, rule or regulation or provision enacted in substitution thereof or amendment thereof;

2.3.3 all amounts are expressed in Canadian dollars and are to be secured and payable in Canadian

dollars; 2.3.4 all references to time shall be deemed to be references to current time in the City; 2.3.5 a word importing only the masculine, feminine or neuter gender includes members of the other

genders; and a word defined in or importing the singular number has the same meaning when used in the plural number, and vice versa;

2.3.6 any words and abbreviations which have well-known professional, technical or trade meanings,

are used in accordance with such recognized meanings; 2.3.7 all accounting terms have the meaning recognized by or ascribed to those terms by the Chartered

Professional Accountants Canada (CPA Canada); and

2.3.8 all index and reference numbers in the RFQ or any related City document are given for the convenience of Bidders and such must be taken only as a general guide to the items referred to. It must not be assumed that such numbering is the only reference to each item. The documents as a whole must be fully read in detail for each item.

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2.4 RFQ Process Terms and Conditions This RFQ process is governed by the terms and conditions in Appendix “A”.

3.0 Scope of Work and Associated Deliverables

PVC Piping and Fittings to various Purchasing and Materials Management (Stores) locations from Date of award to May 31, 2017, with the option to renew the Contract for four (4) additional separate one (1) year period.

4.0 Term of Contract

4.1 Upon Award of this RFQ, the Vendor and the City will have a Contract for the Deliverables for a

period from Date of award to May 31, 2017, with the option to renew the Contract for four (4) additional separate one (1) year periods, all in accordance with the terms, conditions, and specifications contained in this RFQ and any applicable City policy.

4.2 The decision to renew the Contract for any option year(s) will be at the discretion of the City. Included in the decision to accept option year(s) of the Contract is a market analysis, conducted by the City for the Deliverables included herein, at the time the option is being considered, comparing the Bidder’s change in price for the option year(s) to current market/industry conditions. Available budget; The annual price adjustment; Operational needs; and Vendor performance during the contract including timelines and Deliverables

Included in the decision to accept any option year(s) of the Contract there will be a comparison between the Vendor maximum % increase and the Consumer Price Index. We may proceed with optional years based on the lesser % increase of the two (2) options applied after the Contracts end date. 1) CPI OPTION CPI will be validated starting from three (3) months prior to the end of the current Contract conducted by the City for the Deliverables included herein, at the time the option is being considered. The price adjustment applied at time of renewal will be in accordance with the annual Consumer Price Index (CPI), (CPI Index-All Items-Toronto) for a 12 month period. Throughout the Term, the annual CPI – All Items Toronto will be assessed three (3) months prior to the annual renewal date and adjusted at the time the option is being considered. All terms and conditions of the Contract shall remain the same and continue during the extended Term. 2) BIDDER'S MAXIMUM % INCREASE OPTION Included in the decision to accept option year(s) of the contract is a market analysis, conducted by the City for the goods included herein, at the time the option is being considered, comparing the bidder’s change in price for the option year(s) to current market/industry conditions

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*RENEWAL TERM(S) WILL BE BASED ON THE CONTRACT AWARD DATE. SHOULD THE OPTION YEARS BE EXERCISED, FOR PURPOSES OF AWARD ONLY, CALCULATIONS FOR OPTION YEARS WILL BE BASED ON A STANDARD BUDGETARY AMOUNT OF 3% CPI ANNUALLY

5.0 Site Meeting –Not Applicable

6.0 Quotation Response Requirements 6.1 General Response Requirements 6.1.1 The following section lists the items that are to be included with your submission. Failure to

include mandatory items will result in your submission being found to be non-compliant and not considered further.

6.1.2 Bidders must submit one (1) original (clearly marked and identified) and should submit one (1)

additional hard copy of their Quotation. In the event where there are deviations between the original and any copies, the original hard copy shall prevail.

6.2 Request for Quotation Cover Page

6.2.1 If providing a Quotation on behalf of a corporation, the RFQ cover page must be signed by an

authorized signing officer who has the authority to bind the corporation. If the Bidder is not a corporation, the cover page must be signed by an authorized signing officer, having the authority to legally bind the Bidder to the extent permissible by the Requirements of Law. Bidders must also indicate the receipt of all Addenda as indicated on the RFQ cover page.

6.3 Price Form – Appendix “C” 6.3.1 In order for your Quotation to be considered, the Bidder must provide pricing on all items listed

in Appendix “C” - Price Form inclusive of Prompt Payment discounts where applicable. Quotations that do not include pricing on all Deliverables listed will be declared Non -Compliant.

6.3.2 The Bidder is to transcribe the grand total base bid price from the Appendix C - Price Form into

RFQ Cover Page 1 – Total Base Bid Price. In the event of any discrepancy between the information provided in RFQ Cover Page 1 – Total Base Bid Price and the amount set out in the Price Form, the Price Form shall govern.

6.3.3 Early Payment Discount Discount terms for early payment cannot be earlier than 15 days from the receipt date of the invoice by the City of Toronto, Corporate Accounts Payable unit.

6.3.3.1 If early payment terms are being offered, this must be indicated on Appendix C - Price Form. The Total Base Bid Price will be calculated taking the total base bid price less the discount offered, and will be applied against both the initial Term, and any subsequent renewal Term option(s) (if applicable) in order to determine the evaluated bid price for the purposes of the award.

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6.3.4 Bidders must provide a quote for Deliverables that meet or exceed the minimum specifications and requirements detailed in Section 9.

6.3.5 For firms that manufacture and/or market products identified within the Ontario Municipal Hazardous Waste or Special Waste (MHSW), all fees payable to Stewardship Ontario are to be included in the unit prices.

6.3.6 Bidders must provide ALL prices requested in the Price Form(s). Prices that are intended to be zero cost/no charge to the City must be submitted in the space provided in Price Form(s) as "$0.00", "0" or "zero". BIDDERS THAT DO NOT FULLY COMPLETE THESE FORMS (SUCH AS LEAVING LINES BLANK), OR HAVE UNCLEAR ANSWERS (SUCH AS "N/A", "-", OR "TBD", DASHES OR HYPHENS) WILL BE DECLARED NON-COMPLIANT.

6.4 Volume Rebate- Not Applicable

6.5 Bid Security – Not Applicable

6.6 City Policies Submission Form(s) – Appendix "E"

The Policy Submission Form contains statements from different City of Toronto Policies. The complete text of these policies can also be found on the City’s website at http://www.toronto.ca/purchasing/policies. Where applicable, the Bidder shall answer the questions posed and include the submission form with the completed Request for Quotation, failure to do so will result in the Bidder being declared Non-Compliant.

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6.7 Literature 6.7.1 Bidders, where applicable, should submit complete literature on all products being included in

their quotation including, but not limited to, standard manufacturer’s warranty, model numbers, part numbers and other relevant documentation as part of their Quotation.

6.8 Bidder Qualifications

6.8.1 Bidders must be authorized sellers or resellers for the Products listed in Appendix “C” - Price

Form and must hold title to any equipment that will be installed or removed. If requested by the City, Bidders must submit written verification of current and valid authorization, satisfactory to the City, prior to Award. Failure to submit written verification of authorization, satisfactory to the City within a time frame specified by the City will result in the Quotation being declared Non-Compliant.

6.9 Bidder References

6.9.1 Bidders must submit a minimum of two references from companies, for whom the Bidder has satisfactorily supplied, installed, delivered and provided warranty maintenance in the past two (2) years which may be provided in the form provided for this purpose in Appendix "D". At least one (1) reference must be a government agency or similarly sized corporation.

6.9.2 Bidders must complete the section in the RFQ (Bidder Reference Form) to provide the City with confirmation of your experien ce. Failure to do so will result in the bid being declared non-compliant. Failure to list government agenci es as a refer ence in one (1) or both fields will result in the bid being declared non-compliant.

6.9.3 The City may contact the references provided. Should any reference fail to confirm that the services listed in Section 6.7.1 were performed in a satisfactory manner; the Quotation will be declared Non-Compliant. Quotations with incomplete reference information may be declared non-compliant.

6.10 Samples – Not Applicable

6.11 Usage Reports

The Vendor shall demonstrate the ability to provide an electronic Usage Report in columnar text format, in MS Excel 2007 or higher version, of invoice details by providing the following report criteria:

Dollar value and usage information by, a) Division, b) Contract Number and Contract Line item c) Item model number for all items listed in Appendix “C”– Price Form and any 'Other' items

purchased d) Cost Centre e) Location,

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f) Invoice Number, g) By quantity h) By item i) By delivery date j) Usage k) Cumulative Total by month or as requested by individual City Divisions

The Vendor shall be required to submit to the City of Toronto, “Usage Reports” on a monthly basis, or as requested, within 30 days after the end of each month based on the Appendix “C” – Price Form and the above report criteria. The Vendor shall also provide a cumulative report at the end of each contract term and 15 days after the Term expiry date based on the aforementioned criteria.

A sample Usage Report detailing the criteria as noted above shall Provided within five (5) Business Days of request. There shall be no cost to the City for any such report. 7.0 Award 7.1 Subject to the process terms contained in Appendix "A" and the City's procurement policies, it is

the intent of the City to award a Contract to one (1) Bidder based on the Bidder meeting specification and providing the lowest total base bid price cost as shown in Appendix “C” – Price Form inclusive of prompt payment.

7.2 The City reserves the right of accepting or rejecting any and/or all parts of this RFQ. 7.3 Upon award the City will confirm with the Vendor, the Deliverables, date(s) and any other

instructions related to the Deliverables being provided. 7.4 The provision of Deliverables shall not commence until a signed Contract for the Deliverables is

issued and a Contract Release Order (CRO) has been issued. 7.5 The intention is to award a Contract to the overall lowest Bidder whose Quotation meets the

requirements of this Request for Quotation based on the initial contract period.

7.6 Shall the City of Toronto require additional, unforeseen related items, for health and safety and/or brand recognition purposes, other than those listed in Appendix "C" – Price Form during the term of the contract, the City of Toronto reserves the right to request pricing for the additional requirements by requesting a quote from the Successful Bidder. Any additional requirements shall be added to the Successful Bidder's existing contract and the same Terms and Conditions shall apply. Unit price per additional requirement is to remain firm for the duration of the contract.

8.0 Disclosure of Information

After award, the Vendor acknowledges that the City may inform its Agencies and Corporations of the Vendor's Contract with the City. If the Vendor wishes to provide the same Deliverables to the City's Agencies and Corporations, it shall use commercially reasonable efforts to negotiate for the

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purpose of entering into separate and distinct contracts with the City's Agencies and Corporations based on the same or comparable terms (including price and duration) as are set out in the City's Contract with the Vendor. The Vendor further acknowledges that the City shall not be liable for any separate contracts negotiated with the City's Agencies and Corporations by the Vendor.

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9.0 Specifications 9.1 General Specifications

Bidders must provide a quote for Product(s) and/or Service(s) that meet or exceed the minimum specifications and requirements detailed in specification number 003E-41TW and 004E-41TW in Appendix D included in this request for quotation.

9.1.1 The Deliverables being supplied in this RFQ must be new and certified by the Vendor, and free of

encumbrance. Refurbished, rebuilt, or used Products will not be acceptable.

9.1.2 All specifications are minimum requirements that must be met or exceeded. Bids containing one or more items that do not meet or exceed the minimum specifications will be declared Non-Compliant.

10.0 Quantity

10.1 Quantities provided are estimates only and should not be interpreted as indicating a minimum or maximum order quantity. The quantities shall be used as a basis for comparison upon which the award will be made. These quantities are not guaranteed to be accurate and are furnished without any liability to the City whether decreased or increased.

11.0 Material Safety Data Sheets (MSDS) – Not Applicable

12.0 Delivery 12.1 A guaranteed period of delivery of no longer than fifteen (15) business days upon receipt of initial

Contract Release Order (CRO) is required, and five (5) business days upon receipt of CRO's for subsequent orders.

12.2 The Vendor must deliver the specified Deliverables as per their Quotation without substitution or deviation.

12.3 Where applicable, any deposits paid by the City on pallets shall be fully refundable upon return of

pallet up to and including 90 days after the expiration of the contract. Please state pallet charge, if applicable $_________

12.4 Delivery will be to the following locations:

PMMD: East Scarborough Ellesmere (ESE) Islington Warehouse (MAIN) 1050 Ellesmere Road 799 Islington Avenue Scarborough, ON M1P 2X3 Toronto, ON M8Z 5W8

Toronto Water: Commissioners Street Warehouse (STW1) Finch Yard (NTW1) 545 Commissioners St 1026 Finch Ave West Toronto, ON, M4M 1A5 Toronto, ON M3J 2E1

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Note: Regular deliveries may be extended to one or more warehouses (locations to be identified at a later time). There may be specific requirements for drop shipments to locations other than those listed and to the extended warehouses.

12.5 Deliveries should be made between the hours of 7:30 am and 2:30 pm.

12.6 Late Delivery, partial shipments or shipment of unauthorized Product may result in the Contract being cancelled.

12.7 The Vendor acknowledges that due to City operations, the City may issue a minimum order for the product of $100.

12.8 If applicable, please specify the minimum dollar value for direct shipments (drop ship) to locations

other than those noted above (within GTA): $__________. Should this value not be attained, please specify the direct shipment (drop ship) Fee Applicable $____________

12.9 A hard copy packing slip must accompany the products delivered and include at a minimum, the purchase order number, the requisitioner's name and address, a description of the items delivered complete with serial numbers, part numbers, and quantity shipped.

12.10 Delivery is identified as FOB destination.

13.0 Return of Products

13.1 Should the Product fail to work upon arrival, or within thirty (30) days of arrival, the Product will

be returned for a complete exchange of new working Product (same make and model), at no cost to the City. The Product must be exchanged within five (5) business days of notification. The Warranty Period of the replaced Product will be deemed to date from the day of replacement.

13.2 If the Product(s) do not function as warranted and the problem cannot be resolved to the satisfaction of the City, then the Product(s) may, at the sole discretion of the City, be returned for a full refund.

14.0 Warranty 14.1 Please refer to Specification 003E-41TW Section 5.0 and Specification 004E-41TW Section 5.0. 15.0 Insurance (Refer to Appendix B – General Contract Terms and Conditions)

16.0 Performance Security – Not Applicable 17.0 Occupational Health and Safety 17.1 Bidders are required to submit a properly commissioned (**) Occupational Health and Safety

Statutory Declaration (“OHSA Declaration”) in the form attached to this Quotation Request prior to award. (Form can be found in Appendix "D" – Supplementary Forms).

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17.2 If a properly commissioned OHSA Declaration is not submitted with your Quotation, the City may provide a Bidder with an opportunity to submit the required OHSA Declaration within five (5) working days of such written request. Failure to submit the OHSA Declaration in response to that written request or the inability of the Bidder to satisfy the requirements set out in the OHSA Declaration are grounds for default. The City may also consider previous OHSA violations as grounds for rejection of a Quotation and the City may terminate any contract arising from this Request for Quotation if the Bidder is continuously in violation of OHSA requirements.

17.3 In the event that a Bidder is unable to satisfy the OHSA Declarations requirements, Bidders are

advised Occupational Health and Safety training is available to Ontario contractors through the Construction Safety Association. That training should enable Bidders to identify whether further training is necessary to satisfy the requirements of the OHSA Declaration on future Tender/Quotation/Request for Proposal submissions.

17.4 The following persons, by virtue of their office, are Commissioners for taking affidavits in Ontario:

Members of the Legislative Assembly, Provincial judges and justices of the peace, and barristers and solicitors entitled to practise law in Ontario.

18.0 OTHER TERMS 18.1 Upon award, if requested, the successful Vendor(s) will be required to attend a mandatory initial

meeting with Materials Management and Stores Contract Management group within five (5) business days of notification from Materials Management and Stores. A quarterly or annually mandatory meeting to review contract performance for the duration of the contract may also be required. Failure to meet these requirements will result in the cancellation of the contract.

18.2 If at any time during the Contract period, including optional years, if any item(s) become(s)

discontinued or has an unsatisfactory lead time, the Vendor must submit to the City's Contract administrator(s), a letter from the manufacturer stating when the product will be discontinued and what model it is being substituted with. The Vendor shall offer the City the substituted item(s) at the same unit cost as quoted in Appendix "C" – Price Form. In case where an item(s) is being discontinued, but not being substituted, the Vendor must offer the City an equivalent, at the same unit cost, as stated in Appendix "C" – Price Form. Equivalents must meet or exceed the original item(s)'s specification and must be approved by the City's Contract administrator(s) prior to shipping.

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APPENDIX “A” REQUEST FOR QUOTATIONS PROCESS TERMS AND CONDITIONS 1. Bidder’s Responsibility (1) It shall be the responsibility of each Bidder:

a) to examine all the components of this Request for Quotations (RFQ), including all appendices, forms and Addenda;

b) to acquire a clear and comprehensive knowledge of the required Deliverables before submitting a Quotation;

c) to become familiar and (if it becomes a successful Bidder) comply with all of the terms and conditions contained in this RFQ and the City’s Policies and Legislation set out on the City of Toronto website at: www.toronto.ca/tenders/index.htm

(2) The failure of any Bidder to receive or examine any document, form, addendum, or policy shall not

relieve the Bidder of any obligation with respect to its Quotation or any purchase order issued based on the Bidder’s Quotation.

2. City Contact and Questions

(1) All contact and questions concerning this RFQ should be directed in writing to the City employee(s) designated as “Buyer” in the RFQ.

(2) No City representative, whether an official, agent or employee, other than those identified as “Buyer” or the Chief Purchasing Official or his/her delegate are authorized to speak for the City with respect to this RFQ, and any Bidder who uses any information, clarification or interpretation from any other representative does so entirely at the Bidder’s own risk.

(3) Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Bidder to bypass the RFQ process may be grounds for rejection of its Quotation.

(4) Commencing from the issue date of this RFQ until the time of any ensuing Award, no communication shall be made by any person, including potential Bidders, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Quotation or oppose any competing Quotation, nor shall any potential Bidder, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss this RFQ or its Quotation with any City staff, City officials or Council member(s), other than a communication with the "City Contact" identified on page 1 on this RFQ.

(5) Communications in relation to this RFQ outside of those permitted by the applicable procurement policies and this RFQ 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 Bidder 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.

(6) Notwithstanding anything to the contrary set out in this document, the obligations with respect to lobbying as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. The links to the City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement are as follows:

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

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3. Addenda

If it becomes necessary to revise any part of this RFQ, the revisions will be by Addendum posted electronically in Adobe PDF format on the City’s website at www.toronto.ca/calldocuments. Bidders and prospective Bidders 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 RFQ up to the Closing Deadline. When an Addendum is issued the date for submitting Quotations may be revised by the City if, in its opinion, the City determines more time is necessary to enable Bidders to revise their Quotations.

All Bidders must acknowledge receipt of all Addenda in the space provided on the Quotation 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.

4. Exceptions to Mandatory Terms and Conditions If a Bidder wishes to suggest a change to any mandatory term or condition set forth in any part of this RFQ it should notify the Buyer in writing not later than three (3) Business Days before the Closing Deadline. The Bidder must clearly identify any such 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 terms and conditions that have not been accepted by the City by the issuance of an Addendum are not permitted and any Quotation that takes exception to or does not comply with the mandatory terms and conditions of this RFQ will be rejected.

5. Omissions, Discrepancies and Interpretations A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the RFQ documentation or who is in doubt as to the meaning or has a dispute respecting any part of the RFQ should notify the Buyer noted in this RFQ in writing. If the City considers that a correction, explanation or interpretation is necessary or desirable, the City will issue an Addendum as described in the article above titled Addenda. The decision and interpretation of the City respecting any such disputes shall be final and binding, from which there is no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions of the RFQ.

6. Incurred Costs The City will not be liable for, nor reimburse, any potential Bidder or Bidders, as the case may be, for costs incurred in the preparation and submission of any Quotation.

7. Limitation of Liability

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

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8. Post-Submission Adjustments and Withdrawal of Quotations

(1) No unilateral adjustments by Bidders to submitted Quotations will be permitted.

(2) A Bidder may withdraw its Quotation prior to the Closing Deadline any time by notifying the Buyer designated in this RFQ in writing.

(3) A Bidder who has withdrawn a Quotation may submit a new Quotation, but only in accordance with the terms of this RFQ.

(4) After the Closing Deadline each submitted Quotation shall be irrevocable and binding on Bidders for a period of 90 days.

(5) If the City makes a request to a Bidder for clarification of its Quotation, the Bidder will provide a written response within 48 hours accordingly, unless otherwise indicated, which shall then form part of the Quotation.

9. No Collusion or Unethical Conduct

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

(2) By submitting a Quotation in response to this Quotation Request, the Bidder certifies that:

a) the prices in the Quotation have been arrived at independently of those of any other Bidder;

b) the prices in the Quotation have not been knowingly disclosed by the Bidder, and will not knowingly be disclosed by the Bidder prior to the award of purchase, directly or indirectly, to any other Bidder or competitor; and

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

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

10. Prohibition against Gratuities

(1) No Bidder and no employee, agent or representative of the Bidder, may offer or give any gratuity in the form of entertainment, participation in social events, gifts or otherwise to any officer, director, agent, appointee or employee of the City in connection with or arising from this RFQ, whether for the purpose of securing a contract or seeking favourable treatment in respect to the award or amendment of the contract or influencing the performance of the contract, including without restriction enforcement of performance standards, or expressing appreciation, or providing compensation, for the award of a contract or for performance of the City's obligations thereunder or for conferring favours or being lenient, or in any other manner whatsoever.

(2) If the City determines that this article has been breached by or with respect to a Bidder, the City may exclude its Quotation from consideration, or if a contract has already been entered into, may terminate it without incurring any liability.

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11. Conflicts of Interest/Unfair Advantage

(1) In its Quotation, the Bidder must disclose to the City any potential conflict of interest that might compromise the performance of the work or which might reasonably compromise or provide the Bidder an unfair advantage in the bidding process. If such a conflict of interest does exist, the City may, at its discretion, refuse to consider the Quotation.

(2) The Bidder must also disclose whether it is aware of any City employee, Council member or member of a City agency, board or commission or employee thereof having a financial interest in the Bidder and the nature of that interest. If such an interest exists or arises prior to the award on any contract, the City may, at its discretion, refuse to consider the Quotation or withhold the awarding of any contract to the Bidder until the matter is resolved to the City’s sole satisfaction.

(3) Bidders are cautioned that the acceptance of their Quotation may preclude them from participating as a Bidder in subsequent projects where a conflict of interest may arise. The Bidder for this project may participate in subsequent/other City projects provided the Bidder has satisfied pre-qualification requirements of the City, if any, and in the opinion of the City, no conflict of interest would adversely affect the performance and successful completion of an agreement by the Bidder.

12. Quasi-Criminal/Criminal Activity of a Proponent

(1) The City may reject a Quotation or Bidder if the City:

a) confirms that the Bidder or any individual that owns, directs, or controls the Bidder has been charged with or convicted of an offence under the Criminal Code, an offence under other applicable Requirements of Law, or an offence pursuant to similar laws outside of Ontario, or has been named in an order or similar enforcement measure by a regulatory authority;

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

c) determines that, in light of this charge or conviction, awarding the Bidder could compromise the

delivery of the deliverables or would otherwise undermine the business reputation of the City of the public's confidence in the integrity of the call process

13. Failure or Default of Bidder

(1) If the Bidder, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Bidder under the terms of the RFQ, the City may at its option:

a) Consider that the Bidder has submitted a non-compliant Bid, whereupon the City may also rescind any acceptance of the [Proposal/Bid] as null and void; or

b) Consider that the Bidder has abandoned any Agreement and require the Bidder to pay the City the

difference between its Quotation and any other Quotation which the City accepts, if the latter is for a greater amount and, in addition, to pay the City any cost which the City may incur by reason of the Bidder’s failure or default. The Bidder shall be ineligible to submit a new Quotation for any Call that the City is required to reissue as a result of the Bidder's failure or default or where the City deems that the Bidder has abandoned the Agreement.

14. Acceptance of Quotations

(1) The City shall not be obliged to accept any Quotation in response to this RFQ.

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(2) The City may modify and/or cancel this RFQ prior to accepting any Quotation.

(3) Quotations may be accepted or rejected in total or in part.

(4) The lowest quoted price may not necessarily be accepted by the City.

(5) In determining which Quotation provides the best value to the City, consideration may be given to the past performance of any Bidder.

(6) Quotations which are incomplete, not completed in ink, conditional or obscure or which contain additions not called for, erasures or alterations of any kind may be rejected.

(7) The City reserves the right to waive immaterial defects and minor irregularities in any Quotation.

(8) Quotations not completed in non-erasable medium and signed in ink shall be rejected.

(9) The City reserves the right to verify the validity of information submitted in the Quotation and may reject any Quotation where, in the City’s sole estimation, the contents appear to be incorrect, inaccurate or inappropriate.

(10) The City reserves the right to assess the ability of the Bidder to perform the contract and may reject any Quotation where, in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient.

(11) The City may reject a Quotation if it determines, in its sole discretion, that the Quotation is materially unbalanced. A Quotation is materially unbalanced when:

a) 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

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

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

15. Currency

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

16. Tied Bids

In the event that the City receives two or more Quotations identical in price, the City reserves the right to select one of the tied Quotations by way of a coin toss (in the case of two identical bids), or lottery (in the case of more than two identical bids).

17. Mathematical Errors

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

18. City Confidential Information

(1) City Confidential Information provided by City staff to any Bidder or prospective Bidder in connection with, or arising out of this RFQ, the Deliverables or the acceptance of any Quotation:

a) is and shall remain the property of the City; b) must be treated by Bidders and prospective Bidders as confidential;

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

19. Ownership and Disclosure of Quotation Documentation

(1) The documentation comprising any Quotation submitted in response to this RFQ, along with all correspondence, documentation and information provided to the City by any Bidder in connection with, or arising out of this RFQ, once received by the City:

a) shall become a record of the City; b) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act

("MFIPPA"), and may be released, pursuant to that Act and other Requirements of Law. (2) Because of MFIPPA, Bidders should identify in their Quotation any scientific, technical, commercial,

proprietary or similar confidential information, the disclosure of which could cause them injury. (3) Each Bidder’s name and quoted total base price shall be made public.

(4) By submitting a Quotation, the Bidder acknowledges that it will be made available to members of City Council and Committees on a confidential basis and may be released to members of the public pursuant to an access request made under MFIPPA and other Requirements of Law.

20. Intellectual Property Rights

Each Bidder warrants that the information contained in its Quotation does not infringe any third party intellectual property right 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 Quotation. 21. Governing Law

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

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APPENDIX "B" GENERAL CONTRACT TERMS AND CONDITIONS In addition to any other terms and conditions contained elsewhere in this RFQ, the following terms and conditions shall form part of the Contract between the City and the Vendor and are deemed to be incorporated into and take precedence over the terms of any purchase order(s) issued in connection with this RFQ. The order of precedence shall be: (i) the RFQ, including any appendices, schedules and Addenda; (ii) the purchase order; and (iii) the Quotation;

1. Compliance with Laws

The Vendor will be required to comply, at its sole expense, with all applicable Requirements of Law (including, without limitation, the City's Fair Wage and other policies or by-laws applicable to the City's vendors, the Ontario Fire Code, the Ontario Employment Standards Act, the Ontario Human Rights Code, the Ontario Labour Relations Act, the Workplace Safety and Insurance Act, the Income Tax Act and Occupational Health and Safety requirements) in relation to the provision of any Services, including the obtaining of all necessary permits and licences, and shall submit proof of such compliance to the City, upon request, and the Vendor shall indemnify and save the City harmless from any liability or cost suffered by it as a result of the vendor's failure to comply with this provision.

2. Non-Exclusivity

The awarding of a Contract to a Vendor shall not be a guarantee of exclusivity. 3. Confidentiality

The Vendor shall treat as confidential all information of any kind which comes to the attention of the Vendor in the course of carrying out the Services and shall not disseminate such information for any reason without the express written permission of the City or otherwise in accordance with MFIPPA or other applicable privacy law. The Vendor may be required to enter into a detailed confidentiality and conflict of interest agreement in a form satisfactory to the City Solicitor.

4. Conflict of Interest

The Vendor shall: (a) avoid any Conflict of Interest in the performance of its contractual obligations; (b) disclose to the City without delay any actual or potential Conflict of Interest that arises during the performance of its contractual obligations; and (c) comply with any requirements prescribed by the City to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or in equity, the City may immediately terminate the Contract upon giving notice to the Vendor where: (a) the Vendor fails to disclose an actual or potential Conflict of Interest; (b) the Vendor fails to comply with any requirements prescribed by the City to resolve or manage a Conflict of Interest; or (c) the Vendor’s Conflict of Interest cannot be resolved to the City's reasonable satisfaction. 5. Indemnities (1) The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council,

officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgments (including legal fees and costs) arising from or related to the

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Vendor's performance or non-performance of its obligations, including payment obligations to its approved subcontractors and suppliers and others, and including or breach of any confidentiality obligations under the Contract or infringement, actual or alleged of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists.

(2) Upon assuming the defence of any action covered under this sub-article the Vendor shall keep City of Toronto reasonably informed of the status of the matter, and the Vendor shall make no admission of liability or fault on City of Toronto's part without City of Toronto's written permission.

Intellectual Property Indemnity

The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council, officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgements (including legal fees and costs) arising from infringement, actual or alleged, by the Quotation, its use or misuse, or by any of the deliverables developed or provided or supplied under or used in connection with the Services (including the provision of the Services themselves), of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists.

Employment & WSIB Indemnity

Nothing under this Agreement shall render the City responsible for any employment, benefit or termination liability (including those under or in connection with the Workplace Safety and Insurance Act, 1997 or any successor legislation ("WSIA"), whether statutorily required, at common law or otherwise, resulting from Services supplied under this Agreement by persons employed or otherwise engaged by the Vendor. In the event that employment related costs, or other related responsibility falls to the City for any reason whatsoever, the Vendor agrees to indemnify the City for such costs.

6. Insurance

The successful Vendor agrees to purchase and maintain in force, at its own expense and for the duration of the services, the following policies of insurance, which policies shall be in a form and with an insurer acceptable to the City. A certificate evidencing these policies signed by the insurer or an authorized agent of the insurer must be delivered to the City prior to the commencement of services: 1. Commercial General Liability provided that the policy:

(i) is in the amount of not less than Two Million Dollars ($2,000,000.00), per occurrence;

(ii) adds the City of Toronto as an additional insured;

(iii) includes Non Owned Automobile Liability, Employer's Liability and/or Contingent Employer's Liability, and any other provision relevant to the services;

(iv) includes a clause which will provide the City with thirty (30) days' prior written notice of

cancellation (15 days if cancellation is due to non-payment of premium).

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Notwithstanding anything to the contrary contained in this Agreement, kept in full force and effect for a period of time ending no sooner than TWO YEARS after the termination or expiry of this Agreement, as the case may be.

2. Automobile Liability insurance with a minimum limit of One Million Dollars ($1,000,000) for all

owned or leased licensed motorized vehicles used in the performance of services.

It is understood and agreed that the coverage and limits of liability noted above are not to be construed as the limit of liability of the vendor in the performance of services. It is also agreed that the above insurance policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne by the vendor. At the expiry of the policies of insurance, original signed Certificates evidencing renewal will be provided to the City without notice or demand. The successful vendor is responsible for any loss or damage whatsoever to any of its materials, goods, equipment or supplies and will maintain appropriate all-risk coverage as any prudent owner of such materials, goods, supplies and equipment. The successful vendor shall have no claim against the City or the City’s insurers for any damage or loss to its property and shall require its property insurers to waive any right of subrogation against the City.

7. No Assignment

The Vendor shall not assign any part of the Contract nor any interest therein without the prior written consent of the City, which consent shall not be unreasonably withheld. However, such written consent shall not under any circumstances relieve the Vendor of its liabilities and obligations under this RFQ and the Contract, including the terms of this RFQ.

8. Subcontractors

(1) The Vendor shall be solely responsible for the payment of every subcontractor employed, engaged, or retained by it for the purpose of assisting it in the performance of its obligations under the contract. The Vendor shall coordinate the provision of the Deliverables by its subcontractors in a manner acceptable to the City, and ensure that they comply with all the relevant requirements of the Contract.

(2) The Vendor shall be liable to the City for all costs or damages arising from acts, omissions, negligence or willful misconduct of its subcontractors.

9. Personnel and Performance (1) The Vendor must make available appropriately skilled workers, consultants or subcontractors, as

appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to fulfill its obligations under the Contract.

(2) The Vendor shall be responsible for its own staff resources and for the staff resources of any subcontractors and third-party service providers.

(3) The Vendor will ensure that its personnel (including those of approved subcontractors), when using any City buildings, premises, equipment, hardware or software shall comply with all security policies, regulations or directives relating to those buildings, premises, equipment, hardware or software.

(4) Personnel assigned by the Vendor to provide the deliverables (including those of approved

subcontractors) may also, in the sole discretion of the City, be required to sign confidentiality and conflict of interest agreement(s) satisfactory to the City Solicitor.

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10. Independent Contractor

The Vendor and the City agree and acknowledge that the relationship of the City and the Vendor is one of owner and independent contractor and not one of employer-employee. Neither is there any intention to create a partnership, joint venture or joint enterprise between the Vendor and the City.

11. Warranties and Covenants

The Vendor represents, warrants and covenants to the City (and acknowledges that the City is relying thereon) that any deliverable resulting from or to be supplied or developed under the Contract will be in accordance with the City’s functional and technical requirements (as set out in the RFQ) and, if applicable, will function or otherwise perform in accordance with such requirements.

12. Ownership of Intellectual Property and Deliverables

The City will own all intellectual property rights, including (without limitation) copyright, in and to all deliverables provided by the Vendor and its subcontractors. All information, data, plans, specifications, reports, estimates, summaries, photographs and all other documentation prepared by the Vendor in the connection with the provision of the Deliverables under the Contract, whether they be in draft or final format, shall be the property of the City.

13. Termination Provisions

(1) Upon giving the Vendor not less than 30 days’ prior written notice, the City may, at any time and without cause, cancel the Contract, in whole or in part. In the event of such cancellation, the City shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or performed by the Vendor at the time of cancellation.

(2) Failure of the Vendor to perform its obligations under the Contract shall entitle the City to terminate the Contract upon ten (10) calendar days’ written notice to the Vendor if a breach which is remediable is not rectified in that time. In the event of such termination, the City shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or performed by the Vendor at the time of termination.

(3) All rights and remedies of the City for any breach of the Vendor's obligations under the Contract shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Contract or otherwise at law.

(4) No delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy.

14. Liquidated Damages

If the vendor at any time fails to supply all goods or services to the City as specified within the Contract, or fails to replace goods or services rejected by the City, then the City shall be permitted to procure such goods or services elsewhere and charge any additional costs incurred by the City to the vendor as liquidated damages, unless otherwise specified, and deduct such amounts from payments due to the vendor or to otherwise collect such costs from the vendor by any other method permitted by law.

15. Right to Retain Monies

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The City shall have the right to retain out of monies payable to the vendor under the Contract the total amount outstanding for time to time of all claims arising out of the default of the vendor of its obligations to the City. This shall include claims pursuant to this or any other contract or cause of action between the vendor and the City which have not been settled between the City and the vendor.

16. Occupational Health and Safety

(1) The Vendor shall comply with all federal, provincial or municipal occupational health and safety legislative requirements, including, and without limitation, the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").

(2) Nothing in this section shall be construed as making the City the "employer" (as defined in the

OHSA) of any workers employed or engaged by the Vendor for the Work, either instead of or jointly with the Vendor.

(3) The Vendor agrees that it will ensure that all subcontractors engaged by it are qualified to perform the Work and that the employees of subcontractors are trained in the health and safety hazards expected to be encountered in the Work.

(4) The Vendor acknowledges and represents that:

a) The workers employed to carry out the Work have been provided with training in the hazards of the Work to be performed and possess the knowledge and skills to allow them to work safely;

b) The Vendor has provided, and will provide during the course of the agreement, all necessary personal protective equipment for the protection of workers;

c) The Vendor’s supervisory employees are competent, as defined in the OHSA, and will carry out their duties in a diligent and responsible manner with due consideration for the health and safety of workers;

d) The Vendor has in place an occupational health and safety policy in accordance with the OHSA; and e) The Vendor has a process in place to ensure that health and safety issues are identified and addressed

and a process in place for reporting work-related injuries and illnesses. (5) The Vendor shall provide, at the request of the General Manager or his designate, the following as

proof of the representations made in paragraph d(i) and d(iv):

a) documentation regarding the training programs provided or to be provided during the Work (i.e. types of training, frequency of training and re-training); and

b) the occupational health and safety policy. (6) The Vendor shall immediately advise the General Manager or his designate in the event of any of the

following:

a) A critical injury that arises out of Work that is the subject of this agreement;

b) An order(s) is issued to the Vendor by the Ministry of Labour arising out of the Work that is the subject of this agreement;

c) A charge is laid or a conviction is entered arising out of the Work that is the subject of this agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code,

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R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, as amended.

(7) The Vendor shall be responsible for any delay in the progress of the Work as a result of any violation

or alleged violation of any federal, provincial or municipal health and safety requirement by the Vendor, it being understood that no such delay shall be a force majeure or uncontrollable circumstance for the purposes of extending the time for performance of the Work or entitling the Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the final completion of the Work without additional cost to the City.

(8) The parties acknowledge and agree that employees of the City, including senior officers, have no

authority to direct, and will not direct, how employees, workers or other persons employed or engaged by the Vendor do work or perform a task that is the subject of this agreement.

17. Workplace Safety and Insurance Board The Vendor shall secure, maintain and pay all costs for Workplace Safety and Insurance Board ("WSIB") workers’ compensation coverage for its employees providing Services under this contract, whether required statutorily or not under the Workplace Safety and Insurance Act, 1997. The Vendor represents and warrants that it shall be in good standing with the WSIB throughout the Term of this Contract. Prior to supplying the Services and prior to receiving payment, the Vendor shall produce a Clearance Certificate issued by the WSIB confirming that the Vendor has paid its assessment based on a true statement of the amount of its current payroll in respect of the Services and that the City is relieved of financial liability. Thereafter, throughout the period of Services being supplied, a new Clearance Certificate will be obtained from the WSIB by the Vendor and provided to the City every 90 days or upon expiry of the Certificate's validity period whichever comes first. The Vendor shall ensure that any and all persons, including but not limited to volunteers, students, subcontractors and independent contractors, providing services under this Contract have secured WSIB coverage, whether required statutorily or not, for the term of this Contract.

18. Accessibility Standards for Customer Service Training Requirements The Vendor shall require all applicable personnel (including those of its subcontractors) to fulfill the training requirements set out in the City's policy on Accessible Customer Service Requirements for Contractors, Consultants and other Service Providers.

19. City of Toronto – Invoice/Billing Requirements To assist in prompt payment, it is essential that all required billing information is provided on the invoice submitted to the City of Toronto. If billing information is missing from an invoice it will result in a payment delays. It is the Vendor's responsibility to submit accurate invoices for goods /services delivered to the City of Toronto divisions. If an inaccurate invoice (ie: but not limited to, pricing, quantity or services provided) is submitted, the Vendor will be requested to issue a credit note and submit a new invoice. If the invoice

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in question offered an early payment discount, the re-issue date of the new invoice will be used to calculate the early payment discount terms. 19.1 Standard Invoices: 1) Original hardcopy vendor invoices must be addressed and sent DIRECTLY to: City of Toronto Accounting Services Division Corporate Accounts Payable 55 John Street 14th Floor, Metro Hall Toronto, ON M5V 3C6; or 2). Electronic Invoices To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email to [email protected] . Electronic invoices submitted must be in a PDF format with either single or multiple invoice(s) per attachment. Note: Do not send statements or past due invoices to this email address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted an electronic invoice. If you have any questions regarding this process, please contact AP Customer Service at 416-397-5235 and follow the prompts. 3) Invoice/s submitted to the City of Toronto must have complete ship to information including:

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

the goods and/or services), III. Delivery location of goods and/or services (excluding pick-up order), IV. Purchasing document information on the invoice (blanket contract number, contract

release order number (CRO) purchase order (PO) or Divisional Purchase Order (DPO) must be clearly indicated on the invoice.

V. Complete "Remit To" address is required on all submitted vendor invoices A purchasing document number must be provided by City Staff at time of order for goods or services. 4) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts Payable. These invoices are considered paid. 5) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to the

ordering Division for goods/services delivered.

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6) Vendors are to provide backup documentation directly to the ordering Division, not Corporate Accounts Payable.

19.2) Construction Contracts & Consultant Assignments related to Capital Projects – With a

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

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

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

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

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

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

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

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

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APPENDIX “C” PRICE FORM

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Item #PMMD

Material No.

DescriptionApproximate Total Yearly Quantity (A)

Unit of Measure

Unit Price in ($) from Date of

award to May 31, 2017 (B)

Extended Price ($) from Date of award to May 31, 2017 (C)

C = A x B

1800025800 ADAPTER, CLEAN-OUT,SEWER,SPIGOT,PVC,4" 360 EA

$______________ $_______________

2800026780 ADAPTER,P.V.C.MANHOLE 10" 15 EA

$______________ $_______________

3800025816 CAP, SEWER,PVC,4",G 25 EA

$______________ $_______________

4800025817 CAP, SEWER,PVC,6",G 60 EA

$______________ $_______________

5800011670 CONNECTOR, "TY", P.V.C., 4" X 4" X 4" 50 EA

$______________ $_______________

6800002551 COUPLING, BLACK IRON,1",I.P.S. 1000 EA

$______________ $_______________

7800003303 COUPLING, SEWER,CONCRETE TO P.V.C.,8" 60 EA

$______________ $_______________

8800025872 COUPLING, SEWER,PVC,10"X6",SPXG,INCR 15 EA

$______________ $_______________

9800027293 COUPLING, SEWER,PVC,4",GXG 25 EA

$______________ $_______________

10800026933 COUPLING, SEWER,PVC,4"X5",GXSP,INCR 15 EA

$______________ $_______________

11800026934 COUPLING, SEWER,PVC,4"X6",GXSP,INCR 65 EA

$______________ $_______________

12800025878 COUPLING, SEWER,PVC,4"X6",SPXG,INCR 40 EA

$______________ $_______________

13800026799 COUPLING, SEWER,PVC,5",GXG 15 EA

$______________ $_______________

14800026800 COUPLING, SEWER,PVC,6",GXG 10 EA

$______________ $_______________

15800025880 COUPLING, SEWER,PVC,6"X8",GXSP,INCR 10 EA

$______________ $_______________

16800026821 COUPLING, SEWER,RBR,AC-PVC,4" - 6" 15 EA

$______________ $_______________

17800026823 COUPLING, SEWER,RBR,AC-PVC,5" 100 EA

$______________ $_______________

18800027032 COUPLING, SEWER,RBR,ASB-PVC,4" 160 EA

$______________ $_______________

19800025881 COUPLING, SEWER,RBR,CLY-PVC,10" 60 EA

$______________ $_______________

20800025882 COUPLING, SEWER,RBR,CLY-PVC,12" 15 EA

$______________ $_______________

21800025885 COUPLING, SEWER,RBR,CLY-PVC,4" 300 EA

$______________ $_______________

22800025886 COUPLING, SEWER,RBR,CLY-PVC,4"-6",INCR 60 EA

$______________ $_______________

23800025887 COUPLING, SEWER,RBR,CLY-PVC,5" 60 EA

$______________ $_______________

APPENDIX "C" PRICE FORM

SUPPLY AND DELIVERY OF PVC PIPES AND FITTINGS.

PRICE COMPLETE PER UNIT SPECIFIED TO INCLUDE SUPPLY, DELIVERY, AND ALL OTHER APPLICABLE CHARGES EXCLUDING HST.

IN THE EVENT OF MATHEMATICAL ERRORS FOUND IN THE PRICING PAGES, THE UNIT PRICES QUOTED SHALL PREVAIL. EXTENSIONS AND TOTALS WILL BE CORRECTED ACCORDINGLY AND ADJUSTMENTS RESULTING FROM THE

CORRECTION WILL BE APPLIED TO THE TOTAL BID PRICE QUOTED.

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24800026090 COUPLING, SEWER,RBR,CLY-PVC,6" 360 EA

$______________ $_______________

25800025888 COUPLING, SEWER,RBR,CLY-PVC,6"-4" 50 EA

$______________ $_______________

26800025889 COUPLING, SEWER,RBR,CLY-PVC,8" 70 EA

$______________ $_______________

27800026820 COUPLING, SEWER,RBR,CONC-CONC,4" 20 EA

$______________ $_______________

28800025890 COUPLING, SEWER,RBR,CONC-PVC, 4" 100 EA

$______________ $_______________

29800025891 COUPLING, SEWER,RBR,CONC-PVC, 10" 50 EA

$______________ $_______________

30800025892 COUPLING, SEWER,RBR,CONC-PVC, 6"-6"* 160 EA

$______________ $_______________

31800025893 COUPLING, SEWER,RBR,CONC-PVC, 8"-6"* 15 EA

$______________ $_______________

32800026819 COUPLING, SEWER,RBR,CONC-PVC,12"-10" 10 EA

$______________ $_______________

33800025894 COUPLING, SEWER,RBR,PVC-PVC, 4" 360 EA

$______________ $_______________

34800025895 COUPLING, SEWER,RBR,PVC-PVC, 5" 55 EA

$______________ $_______________

35800025896 COUPLING, SEWER,RBR,PVC-PVC, 6" 200 EA

$______________ $_______________

36800025897 COUPLING, SEWER,RBR,PVC-PVC, 8" 70 EA

$______________ $_______________

37800025898 COUPLING, SEWER,RBR,PVC-PVC, 4"-6"* 50 EA

$______________ $_______________

38800026802 COUPLING, SEWER,RBR,PVC-PVC, 5"-6" 35 EA

$______________ $_______________

39800025899 COUPLING, SEWER,RBR,PVC-PVC, 6"-8"* 15 EA

$______________ $_______________

40800025900 COUPLING, SEWER,RBR,PVC-PVC, 10" 100 EA

$______________ $_______________

41800025901 COUPLING, SEWER,RBR,PVC-PVC, 12" 15 EA

$______________ $_______________

42800025903 COUPLING, SEWER,RBR,PVC-PVC, 8"-10"* 10 EA

$______________ $_______________

43800026822 COUPLING, SEWER,RBR,PVC-PVC,4"-5" 25 EA

$______________ $_______________

44800027096 COUPLING, SEWER,RUBBER,6"ACX6",PVC 90 EA

$______________ $_______________

45800025929 ELBOW, SEWER,PVC,22.5°,GXG,10" 15 EA

$______________ $_______________

46800025931 ELBOW, SEWER,PVC,22.5°,GXG,4" 110 EA

$______________ $_______________

47800026832 ELBOW, SEWER,PVC,22.5°,GXG,5" 15 EA

$______________ $_______________

48800025932 ELBOW, SEWER,PVC,22.5°,GXG,6" 60 EA

$______________ $_______________

49800025933 ELBOW, SEWER,PVC,22.5°,GXG,8" 45 EA

$______________ $_______________

50800026833 ELBOW, SEWER,PVC,22.5°,SPXG,10" 15 EA

$______________ $_______________

51800026834 ELBOW, SEWER,PVC,22.5°,SPXG,4" 60 EA

$______________ $_______________

52800026835 ELBOW, SEWER,PVC,22.5°,SPXG,5" 15 EA

$______________ $_______________

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53800026836 ELBOW, SEWER,PVC,22.5°,SPXG,6" 20 EA

$______________ $_______________

54800025934 ELBOW, SEWER,PVC,22.5°,SPXG,8" 25 EA

$______________ $_______________

55800026837 ELBOW, SEWER,PVC,22.5°,SPXG,SWEEPBEND,4" 50 EA

$______________ $_______________

56800026838 ELBOW, SEWER,PVC,22.5°,SPXG,SWEEPBEND,5" 20 EA

$______________ $_______________

57800026839 ELBOW, SEWER,PVC,22.5°,SPXG,SWEEPBEND,6" 20 EA

$______________ $_______________

58800025935 ELBOW, SEWER,PVC,45°,GXG,10" 15 EA

$______________ $_______________

59800025936 ELBOW, SEWER,PVC,45°,GXG,4" 120 EA

$______________ $_______________

60800026841 ELBOW, SEWER,PVC,45°,GXG,5" 25 EA

$______________ $_______________

61800025937 ELBOW, SEWER,PVC,45°,GXG,6" 60 EA

$______________ $_______________

62800025938 ELBOW, SEWER,PVC,45°,GXG,8" 50 EA

$______________ $_______________

63800026842 ELBOW, SEWER,PVC,45°,SPXG,10" 20 EA

$______________ $_______________

64800026843 ELBOW, SEWER,PVC,45°,SPXG,4" 60 EA

$______________ $_______________

65800026845 ELBOW, SEWER,PVC,45°,SPXG,6" 40 EA

$______________ $_______________

66800025939 ELBOW, SEWER,PVC,45°,SPXG,8" 40 EA

$______________ $_______________

67800025940 ELBOW, SEWER,PVC,90°,GXG,10" 15 EA

$______________ $_______________

68800025944 ELBOW, SEWER,PVC,90°,GXG,8" 30 EA

$______________ $_______________

69800025942 ELBOW, SEWER,PVC,90ー,GXG,4" 20 EA

$______________ $_______________

70800027243 INCREASER, SEWER,PVC,5"X6" GASKETXSPIGOT 10 EA

$______________ $_______________

71800011740 LUBRICANT,PIPE JOINT,POTABLE,WATER,1 KG 70 EA

$______________ $_______________

72800027890 PIPE, DRAIN,P.V.C.WH.4"X10' BDR35,PER FT 120 FT

$______________ $_______________

73800027891 PIPE, DRAIN,P.V.C.WH.6"X10' BDR35,PER FT 40 FT

$______________ $_______________

74800003316 PIPE, SEWER, P.V.C., 15"X 14', PER FT 50 FT

$______________ $_______________

75800003314 PIPE, SEWER, P.V.C., 5" X 13', PER FT 750 FT

$______________ $_______________

76800003315 PIPE, SEWER, P.V.C., 8"X 14', PER FT 1500 FT

$______________ $_______________

77800002865 PIPE, SEWER,P.V.C.,10'' X 14',PER FT 600 FT

$______________ $_______________

78800002877 PIPE, SEWER,P.V.C.,12" X 14',PER FT 160 FT

$______________ $_______________

79800002884 PIPE, SEWER,P.V.C.,4"X 14',PER FT 3500 FT

$______________ $_______________

80800002864 PIPE, SEWER,P.V.C.,6" X 14',PER FT 1000 FT

$______________ $_______________

81800001894 PIPE, WATERMAIN,P.V.C.,10" X 20',PER FT 200 FT

$______________ $_______________

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82800001895 PIPE, WATERMAIN,P.V.C.,12" X 20',PER FT 500 FT

$______________ $_______________

83800001897 PIPE, WATERMAIN,P.V.C.,14" X 20',PER FT 60 FT

$______________ $_______________

84800001896 PIPE, WATERMAIN,P.V.C.,16" X 20',PER FT 150 FT

$______________ $_______________

85800027066 PIPE, WATERMAIN,P.V.C.,18" X 20',PER FT 60 FT

$______________ $_______________

86800001891 PIPE, WATERMAIN,P.V.C.,4" X 20',PER FT 450 FT

$______________ $_______________

87800001892 PIPE, WATERMAIN,P.V.C.,6" X 20',PER FT 3000 FT

$______________ $_______________

88800001893 PIPE, WATERMAIN,P.V.C.,8" X 20',PER FT 450 FT

$______________ $_______________

89800027336 PLUG, CLEAN-OUT,SEWER,REC,PVC,6" 150 EA

$______________ $_______________

90800026007 PLUG, CLEAN-OUT,SEWER,RECESSED,PVC,4" 980 EA

$______________ $_______________

91800026102 PLUG, VALVE CHAMBER 170 EA

$______________ $_______________

92800026052 TEE, SEWER,PVC,10"X10"X10"G 10 EA

$______________ $_______________

93800026057 TEE, SEWER,PVC,4"X4"X 4",G 10 EA

$______________ $_______________

94800026059 TEE, SEWER,PVC,6"X6"X6",G 10 EA

$______________ $_______________

95800026075 WYE, SEWER,PVC,4"X4"X4",G 110 EA

$______________ $_______________

96800027009 WYE, SEWER,PVC,5"X5"X4",G 30 EA

$______________ $_______________

97800027010 WYE, SEWER,PVC,5"X5"X5",G 15 EA

$______________ $_______________

98800026076 WYE, SEWER,PVC,6"X6"X 6",G 35 EA

$______________ $_______________

99800026077 WYE, SEWER,PVC,6"X6"X4",G 65 EA

$______________ $_______________

100800026079 WYE, SEWER,PVC,8"X8"X8",G 10 EA

$______________ $_______________

$_______________

(A) $___________

(B) _______%

(C) __________

(D) $___________

(E) $___________

MISCELLANEOUS ITEMS:

Total Base Bid Price (excluding HST)

Please state the percentage discount, from current Wholesale price list, for any other related item that may not appear in the list above, which may be required during the course of the contract. Discount is applicable through out the optional years: ____________%

Discount applied to Total Base Bid Price(AxB)

Total Base Bid Price (excluding taxes) After Discount(A-D)

Table 1 - Early Payment Terms

Total Base Bid Price Before Discount

Prompt Payment Total % Discount for Date of award to May 31, 2017

State Discount Term (e.g. Net 15 days)

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Option Year 1 Renewal (June 1, 2017 to May 31, 2018):

Please state increase percentage_________% (maximum)

Option Year 2 Renewal (June 1, 2018 to May 31, 2019):

Please state increase percentage_________% (maximum)

** Please note: Option year 2 percentage will be based on Optional year 1 Pricing

Option Year 3 Renewal (June 1, 2019 to May 31, 2020):

Please state increase percentage_________% (maximum)

** Please note: Option year 3 percentage will be based on Optional year 2 Pricing

Option Year 4 Renewal (June 1, 2020 to May 31, 2021):

Please state increase percentage_________% (maximum)

** Please note: Option year 4 percentage will be based on Optional year 3 Pricing

If the Bidder decides to Bid for optional years, they must include below the maximum percentage increase that will be applied to all of the items on the Part(s) that was/were Bid on Percentage increase will be rounded to two (2) decimal places to reflect new unit pricing.

** Please note: Option year 1 percentage will be based on the prices of the original term of the contract

Option Years:

PLEASE NOTE: Should the option year be exercised based on CPI, pricing will be subject to an adjustment in accordance with the annual CPI - All items - Toronto for a 12 month period ending three (3) months prior to the start of each option year.

(*Award calculations for Option Years will be based on a budgetary amount of 3% CPI Annually)

PLEASE NOTE: Should the option year be exercised based on Bidder's Maximum % Increase, please state your maximum percentage increase for the following optional years. Maximum percentage increase will be rounded to two (2) decimal places to reflect new unit pricing.

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RFQ 4001-16-0017

APPENDIX “D” – SUPPLEMENTARY FORMS

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

2) Statutory Declaration (Occupational Health & Safety)

3) Bidder References Form

4) Specification Numbers 003E-41TW and 004E-41TW

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

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

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

Authorised Signing Officer or Individual

Gro

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Dat

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For

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

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STATUTORY DECLARATION (Occupational Health & Safety)

PROVINCE OF ONTARIO ) JUDICIAL DISTRICT OF YORK )

IN THE MATTER OF RFQ NO. __________ AND ANY ENSUING CONTRACT BETWEEN

_______________________________________________ (Company Name)

- AND -

City of Toronto I, ______________________________ of the City/Town/Village of ___________________________ in the Province

(Name) of _____________________________, do solemnly declare the following:

(Name of Province) 1. I am the ___________________________ of the ____________________________ and as such

(Insert Title) (Insert Company Name) have knowledge of the matters herein stated. 2. __________________________ is a sole proprietorship/partnership/corporation with its head office (Company

Name) located at________________________ and has carried on business as a_______________________________________

(contractor/state other type of business) since on or about_____________________.

(Insert Date) 3. _______________________________ since__________________ had in place a Health and Safety Policy

(Company Name) (Insert Date) under Section 25(2) (j) of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 as amended, (the “Act”) and has/have developed and maintain(s) on an annual basis a program to implement the written Occupational Health and Safety Policy. A copy of the policy and program for________________________ (Insert Company Name) will be delivered to the City of Toronto upon request by the City and will be available for inspection at the City of Toronto, solely for the purposes of the above noted Contract. 4._______________________________ since__________________ had in place a Workplace Violence and a

(Company Name) (Insert Date) Workplace Harassment Policy under Section 32.0.1(1) of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 as amended, (the “Act”) and has/have developed and maintain(s) on an annual basis a program to implement the written Workplace Violence and Workplace Harassment Policy. A copy of the policy and program for________________________ (Insert Company Name) will be delivered to the City of Toronto upon request by the City and will be available for inspection at the City of Toronto, solely for the purposes of the above noted Contract.

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5._______________________________ (Insert Company Name) will employ for the Work under this Contract a supervisor or supervisors who are competent persons as defined by section 1(1) of the Act, and specifically a person or persons who: (a) are qualified because of knowledge, training and experience to organize the Work and its

performance;

(b) are familiar with the Act and the regulations made thereunder that apply to the Work; and

(c) have knowledge of any potential or actual danger to health and safety associated with the Work.

6.________________________________________ (Insert Company Name) will employ for the purpose of

this project the following competent supervisors: __________________________________________ (Insert name of supervisors)

No supervisors other than those named shall work on this Contract.

7. The supervisors employed by________________________________________ (Insert Company Name) has successfully completed the necessary health and safety courses to be considered a competent person to undertake the Work described in the Contract.

AND I/We make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and

effect as if made under oath and by virtue of “The Canada Evidence Act”.

DECLARED BEFORE ME AT THE ) )

OF ) )

IN THE ) _____________________________________________ ) Signing Officer for Company

THIS DAY OF 20___. ) )

A Commissioner etc. )

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BIDDER REFERENCES FORM 1. Company Name: ______________________________

Contact Name/Title: ______________________________

Telephone Number: ______________________________

Email: ______________________________

Supplied PVC Piping and Fittings Yes No

2. Company Name: ______________________________

Contact Name/Title: ______________________________

Telephone Number: ______________________________

Email: ______________________________

Supplied PVC Piping and Fittings Yes No

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CITY OF TORONTO SPEC.#: 003E-41TW FINANCE SPECIFICATION PAGE #: S1 OF S9 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 1.0 DEFINITION:

This technical specification applies to: Polyvinyl Chloride (PVC) Watermain Fitting Suitable for use by: City of Toronto

2.0 GENERAL REQUIREMENTS: 2.1 DEVIATIONS FROM SPECIFICATION:

The following specifications are prepared with the intention of providing a basis for securing competitive bids. Bidders are required to conform with the specifications for their product(s), commodity(ies), material(s) and service(s) offered.

Notwithstanding the details of this specification; products, commodities, materials and services deemed by the City of Toronto similar in design and construction to this specification, may receive further consideration if, in the opinion of the user division, they are considered to be suitable for the intended application and generally conform to performance requirements.

2.2 DESCRIPTIVE LITERATURE: Bidders shall submit, if requested, manufacturer's descriptive literature and technical

specifications of the products, commodities, materials and services offered, within five (5) business days of request at no cost to the City of Toronto. Failure to do so may result in products, commodities, materials and services offered being declared informal.

2.3 WRITTEN VERIFICATION OF QUALITY OF GOODS: Bidders shall, if requested, submit written verification of products, commodities and materials

offered, satisfactory to the City of Toronto, within ten (10) business days of request at no cost to the City of Toronto. Failure to do so may result in products, commodities, materials and services offered being declared informal

Verification shall include, but not be limited to, proof of certification, if specified, by a Standards Certification Agency accredited by Standards Council of Canada, independent laboratory test results, material manufacturer's product sheets, and Materials Safety Data Sheets (MSDS).

Independent verification testing of products, commodities and materials shall be performed by a laboratory accredited by Standards Council of Canada or other government agency recognised by the City of Toronto.

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CITY OF TORONTO SPEC.#: 003E-41TW FINANCE SPECIFICATION PAGE #: S2 OF S9 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 2.4 EVALUATION SAMPLES OF BID GOODS (PRODUCTS, COMMODITIES AND MATERIALS): Unless otherwise requested in the RFQ document, bidders shall supply, upon request, the number of bid samples identified elsewhere in the RFQ document for evaluation purposes within the time specified in the RFQ document, at no cost to the City of Toronto. Failure to do so will result in the bid being declared informal. Where no number of bid samples has been identified, the default shall be: - Upon request, one (1) bid sample of up to each item offered, at no cost to the City. Failure to submit upon request one (1) bid sample of up to each item offered, all within five (5) Business Days of request and at no cost to the City, will result in the bid being declared noncompliant for that item and not considered for award for that item. Any one bid sample item submitted failing to meet the specifications will result in the bid being

declared noncompliant for that item and not considered for award for that item. The Bidder will still be considered for award of other line items provided that the other bid samples meet specification and bid submission requirements and RFQ award requirements are met.

Bid sample(s) submitted must be equal or better than the following specifications: BID SAMPLE IDENTIFICATION Bid samples submitted must be accompanied by temporarily or permanent Bid Sample

Identification, either affixed or applied, written or printed, that states which item(s) each bid sample represents against the price schedule(s).

A bidder may submit the same bid sample for more than one item in the price schedule but

the bid sample must still be accompanied by temporarily identification, either affixed or applied, written or printed, that states which set of item(s) each bid sample represents against the price schedule(s). Note that for such situations, the sample must still meet the specifications of all referenced Items. The references used must be either as found in the price schedule or specifications, with specifications taking precedence where conflict arises.

Unless otherwise noted, bid samples submitted for evaluation, along with all requested

deviations rectified, must be the same item, same commodity, or same material that will be initially supplied and supplied later as and when required by the contract for the duration of the contract. Bid samples for evaluation along with all requested deviations rectified, that are not the same as the item, commodity or material that will be shipped initially, will not be accepted and will result in the item represented by bid sample being declared informal.

Bid samples must be ready to use. Unless otherwise noted, two or more bid samples, in whole

or in part, cannot be used as a single bid sample. Unless otherwise explicitly noted for bid samples as being required, City identifying logos and City identifying lettering are not required for bid samples. City identifying logos and City identifying lettering meeting specifications will

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CITY OF TORONTO SPEC.#: 003E-41TW FINANCE SPECIFICATION PAGE #: S3 OF S9 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017

be required for City approval prior to first order shipment. City identifying logos and City identifying lettering meeting specifications will be required for first production run and onward for the duration of the contract.

Bid samples with temporary affixed or applied, handwritten or printed, tags excluding the above noted Bid Sample Identification to the price schedule(s), will not be accepted. All textile item samples must have permanent labels meeting the Textiles Labelling Act, including but not limited to C.R.C., c. 1551 - all sections under "Information to be Shown in Label", all sections under "Manner in which Information is to be Shown in Label", and all sections under "Form of Label and Manner of Application". All regulated container samples must bear required permanent markings. All regulated items must bear required permanently affixed or permanently applied markings.

As it is the responsibility of the bidder to submit bid sample(s) that are better or equal to specifications noted in call, the City reserves the right to perform its own bid sample evaluation to determine where bid samples, in part or in whole, deviate from specifications. The City reserves the right to perform destructive testing on submitted bid sample(s), all at no cost to the City of Toronto and to request written verification as per section 2.3 of this specification, including but not limited to accredited laboratory test results to show proof of compliance to some or all specifications, all at no cost to the City of Toronto.

Upon City evaluation, where bid samples are found to deviate from specifications and where said deviations are deemed by the City of Toronto to be similar or better in design and construction to this specification, City may accept said deviations.

Upon City evaluation, where bid samples are found to deviate from specifications and where said deviations are deemed by the City of Toronto to NOT be similar or better in design and construction to this specification, City may request bidder to rectify any deviations to meet specifications or the City may declare bid item represented by sample as informal. Up to one (1) sample for up to each bid sample from the successful bidder will be approved by City of Toronto Standards and Specifications as an authorized representative sample of item, commodity, or service that will be offered for the duration of contract period and will be retained by the City of Toronto as a control sample, at no additional cost to the City of Toronto. 2.5 SHIPPED GOODS REQUIREMENTS: The Successful Bidder shall supply products and commodities and services to the City of Toronto that match the City approved winning sample(s) submitted under 2.4 along with any rectification of deviations and shall ensure that product, commodity, service and related performance and quality is maintained to specification requirements throughout the life of the supply contract. In addition to section 2.3 - WRITTEN VERIFICATION OF QUALITY OF GOODS, the City of Toronto may also randomly test, in part or in whole, all products, commodities and services, supplied to the City, for compliance to the RFQ specifications. Unless otherwise noted in the RFQ or specifications, such audit testing will be at the City of Toronto's expense unless a

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CITY OF TORONTO SPEC.#: 003E-41TW FINANCE SPECIFICATION PAGE #: S4 OF S9 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 product, commodity or service fails to meet specification(s) or referenced standard(s), in which case the Vendor will become responsible for all expenses incurred, including but not limited to costs for: a) Testing costs which resulted in non-compliance to specifications b) All additional re-testing costs to prove compliance to specifications c) Removal of all deficient product(s), commodity(ies) and service(s)

d) Repair or replacement, as directed by the City of Toronto, for all deficient product(s), commodity(ies) and service(s) with specification compliant product(s), commodity(ies) and service(s)

e) Disposal of all deficient product(s), commodity(ies) and service(s) that cannot be made to comply with the relevant call's specifications,

all within the timeframe for first order delivery noted in the RFQ and all at no additional cost to the City of Toronto. In cases of disagreement over the interpretation of test results, the decision of the City of Toronto shall be final and binding.

Vendors are to note that the City considers the following scenarios as Fraud and may

commence various proceedings against Vendors and their firm(s) when, but not limited to: - Lower quality materials and/or lower amounts are supplied but the City is billed for

specified products, commodities and services - Unilateral substitutions of specified products (i.e. Bait and Switch), specified commodities

and/or specified services, - False inspection certificates, and - False testing of material reports Bidders must not substitute contract approved product(s), commodity(ies) or service(s) without prior written approval from City of Toronto Purchasing and Materials Management staff, on either City of Toronto letter head or City of Toronto originating email. Any approved substitution must meet or exceed the approved good, approved commodity or approved service to be substituted, at no additional cost to the City of Toronto. Vendor will reimburse all substitution evaluation costs, including labour and testing costs, to City of Toronto PMMD Standards and Specifications Unit. 2.6 BID SAMPLES AND SHIPPED GOODS (PRODUCTS, COMMODITIES AND SERVICES) GENERAL REQUIREMENTS: Product(s), commodity(ies), material(s) and service(s) shall be free from defects, imperfections

and deficiencies that may affect operation, appearance and serviceability. In all particulars not covered by this specification or the RFQ, production shall be in accordance with good commercial practice. Materials not defined in the specification shall be of the best commercial quality and suitable for the purpose intended.

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CITY OF TORONTO SPEC.#: 003E-41TW FINANCE SPECIFICATION PAGE #: S5 OF S9 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 2.7 CITY OF TORONTO LOGO(S) RIGHTS: The City of Toronto reserves all rights for the various City of Toronto logos, Agency logos,

Corporation logos, Division logos, Program logos and other identifying markings and characteristics reflecting City of Toronto usage; collectively known hereafter as "the City of Toronto logo(s)".

Goods displaying the City of Toronto logo(s) must be only for City of Toronto use, unless express written consent is provided by an authorized representative from the City of Toronto for alternative use. Where Goods displaying the City of Toronto logo(s) exist, are not for City of Toronto use, and

no express written consent has been provided by an authorized representative from the City of Toronto for alternative use, the vendor must remove or permanently and fully cover all of the City of Toronto logo(s) on said Goods.

The City of Toronto reserves the right to inspect samples of removed or permanently and fully

covered the City of Toronto logo(s) within ten (10) business days of request, at no additional cost to the City of Toronto. The City of Toronto reserves the right to view within the City of Toronto boundaries vendor supplied samples of removed or permanently and fully covered the City of Toronto logo(s) within ten (10) business days of request.

2.8 SUBSTITUTIONS Bidders must not substitute contract approved product(s), commodity(ies) or service(s) without prior written approval from City of Toronto Purchasing and Materials Management staff, on either City of Toronto letter head or City of Toronto originating email. Any approved

substitution must meet or exceed the approved good or approved service to be substituted.

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CITY OF TORONTO SPEC.#: 003E-41TW FINANCE SPECIFICATION PAGE #: S6 OF S9 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 3.0 SCOPE: This specification is for the supply and delivery of various, new, Polyvinyl Chloride (PVC)

watermain fittings, Class 150, DR 18 for use in water distribution system in the City of Toronto including but not limited to:

- Bends, - Tees, - Crosses, - Reducers, - Plugs, - Couplings, and - Tapped couplings

3.1 References and Standards: Bidder must supply and deliver above noted item(s), in accordance, including all required

markings, with the relevant standards noted below:

- ANSI/AWWA C907-04 Polyvinyl Chloride (PVC) Pressure Fittings for Water - 4 In. through 8 In.

- ANSI/AWWA C905-10 Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. through 48 In.

- ANSI/AWWA C900-07 Polyvinyl Chloride (PVC) Pressure Pipe and

Fabricated Fittings, 4 In.-12 In., for Water Transmission and Distribution

- NSF/ANSI 61-2010a - Drinking Water System Components - Health Effects

- CSA B137 SERIES-09 Thermoplastic Pressure Piping Compendium

- ASTM D1784-08 Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds

- ASTM F477-10 Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe

- ASTM D2000-2008 Standard Classification System for Rubber Products in

Automotive Applications

- ASTM D2122-98(2010) Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings

- ASTM D3139-98(2005) Standard Specification for Joints for Plastic Pressure

Pipes Using Flexible Elastomeric Seals

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CITY OF TORONTO SPEC.#: 003E-41TW FINANCE SPECIFICATION PAGE #: S7 OF S9 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017

- FM 1610 –2006 - Standard for Ductile Iron pipe and fittings, flexible fittings and couplings

- FM 1612 – 1999 - Standard for Polyvinyl Chloride (PVC) Pipe and Fittings for

Underground Fire Protection Service

- UL 1285-2001, Pipe and Couplings, Polyvinyl Chloride (PVC), for Underground Fire

Service

4.0 PVC WATERMAIN FITTINGS: 4.1 General:

All new PVC fittings, including but not limited to 6” to 24” supplied, must meet requirements of the latest AWWA C900 / AWWA C907 and must be dimension ratio of 18 (DR 18), cast iron pipe equivalent outside diameters (CIOD), pressure class of 150

All materials used for the manufacturing of PVC pipe shall conform to NSF/ANSI 61

4.2 Material: All PVC fittings shall be made from virgin resin and meets the physical and chemical properties as defined in ASTM D1784

Gaskets and Lubricants All gaskets and lubricants for use with PVC fittings shall be made from materials in accordance with AWWA C907, ASTM F477 and CSA B137 Series and shall not adversely affect the water quality

The manufacturer shall provide complete description of the material offered in accordance with ASTM D2000 designation system

All gaskets shall be factory installed in the bell of the fitting in accordance to AWWA C907

All PVC fittings must be assembled with non-toxic, water soluble lubricant approved by the National Sanitation Foundation (NSF) 61

4.3 Design and Performance Requirements

Elastomeric Gasket Joints: Bell end PVC fittings using elastomeric gaskets shall conform to the requirements of ASTM D3139 in accordance with AWWA C907

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CITY OF TORONTO SPEC.#: 003E-41TW FINANCE SPECIFICATION PAGE #: S8 OF S9 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017

All PVC fittings shall conform to the dimensional requirements of ASTM D 2122 per AWWA C907

4.4 Marking Requirement: Markings shall be in compliance with AWWA C900 & C907 and include in addition the following information:

- normal size including branch sizes - deflection angle of bends - DR 18, CIOD, Class 150 - Manufacturer’s name or trademark - Manufacturer’s production code shall include the day,

month, year, shift , plant and extruder of manufacturer - AWWA C907-04 - CSA Standard number - Certification agency and trademark/seal

PVC fittings shall also bear the certifications from the following agencies:

1) NSF (National Sanitation Foundations) Standard 61 for

Plastic Piping Systems components and related materials

2) CSA (Canadian Standard Association) standard CSA B173 Series-09

3) ULC (Underwriters’ Laboratories of Canada) 1285-2001

PVC pipe and Fittings for Underground Fire Service Systems

4) FM (Factory Mutual Research) 1612 - Standard for

Polyvinyl Chloride (PVC) Pipe and Fittings for Underground Fire Protection Service

Gasket Markings

- date code - manufacturer name - nominal diameter - model

4.5 Installation Instructions:

The manufacturer shall furnish clear concise installation instructions

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CITY OF TORONTO SPEC.#: 003E-41TW FINANCE SPECIFICATION PAGE #: S9 OF S9 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 4.6 Manufacturer’s Quality Management System:

All PVC fittings shall be manufactured under a recognized Quality Management System.

If requested, within five (5) business days, bidders shall provide a copy of the manufacturer’s certification to ISO 9001:2000 or an equivalent manufacturer’s Quality Management System (QMS) to be approved by the City of Toronto

Approved equivalent quality system includes:

1. A Quality Manual with a table of content

2. A Quality Policy, and

3. at a minimum the following 5 quality elements*

a. Document and Data Control

b. Control of Non-conforming Products

c. Corrective and Preventive Action

d. Control of Quality records

e. Internal Quality Audits

Quality elements must include Procedures (what, who and when (i.e. frequency)), Work instructions (how and where) and/or Records (signed and dated) or combinations of the above.

4.6.1 Inspection: All material and equipment shall be visually inspected by vendor or assigns to assure conformance with the workmanship, design, and dimensional requirements as per listed standards and this specification.

4.7 Delivery:

All fittings delivered shall be properly covered to prevent the fittings from direct UV exposure

5.0 WARRANTY: Bidder shall provide the City of Toronto with a minimum 2 (two)

year warranty on each product offered

6.0 PERFORMANCE EVALUATION: Upon request, bidders shall supply and deliver one (1) sample of

each item offered for evaluation within five (5) business days of such a request, at no cost to the City of Toronto.

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CITY OF TORONTO SPEC.#: 004E-41TW FINANCE SPECIFICATION PAGE #: S1 OF S8 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 1.0 DEFINITION:

This technical specification applies to: Polyvinyl Chloride (PVC) Watermain Pipe: 6" - 12" and 12" - 24" Suitable for use by: City of Toronto

2.0 GENERAL REQUIREMENTS: 2.1 DEVIATIONS FROM SPECIFICATION: The following specifications are prepared with the intention of providing a basis for securing competitive bids. Bidders are required to conform with the specifications for their product(s), commodity(ies), material(s) and service(s) offered. Notwithstanding the details of this specification; products, commodities, materials and services deemed by the City of Toronto similar in design and construction to this specification, may receive further consideration if, in the opinion of the user division, they are considered to be suitable for the intended application and generally conform to performance requirements. 2.2 DESCRIPTIVE LITERATURE: Bidders shall submit, if requested, manufacturer's descriptive literature and technical specifications of the products, commodities, materials and services offered, within five (5) business days of request at no cost to the City of Toronto. Failure to do so may result in products, commodities, materials and services offered being declared informal. 2.3 WRITTEN VERIFICATION OF QUALITY OF GOODS: Bidders shall, if requested, submit written verification of products, commodities and materials offered, satisfactory to the City of Toronto, within ten (10) business days of request at no cost to the City of Toronto. Failure to do so may result in products, commodities, materials and services offered being declared informal Verification shall include, but not be limited to, proof of certification, if specified, by a Standards Certification Agency accredited by Standards Council of Canada, independent laboratory test results, material manufacturer's product sheets, and Materials Safety Data Sheets (MSDS). Independent verification testing of products, commodities and materials shall be performed by a laboratory accredited by Standards Council of Canada or other government agency recognised by the City of Toronto. 2.4 EVALUATION SAMPLES OF BID GOODS (PRODUCTS, COMMODITIES AND MATERIALS): Unless otherwise requested in the RFQ document, bidders shall supply, upon request, the number of bid samples identified elsewhere in the RFQ document for evaluation purposes within the time specified in the RFQ document, at no cost to the City of Toronto. Failure to do so will result in the bid being declared informal. Where no number of bid samples has been identified, the default shall be:

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CITY OF TORONTO SPEC.#: 004E-41TW FINANCE SPECIFICATION PAGE #: S2 OF S8 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 Upon request, one (1) bid sample of up to each item offered, at no cost to the City. Failure to submit upon request one (1) bid sample of up to each item offered, all within five (5) Business Days of request and at no cost to the City, will result in the bid being declared noncompliant for that item and not considered for award for that item. Any one bid sample item submitted failing to meet the specifications will result in the bid being declared noncompliant for that item and not considered for award for that item. The Bidder will still be considered for award of other line items provided that the other bid samples meet specification and bid submission requirements and RFQ award requirements are met. Bid sample(s) submitted must be equal or better than the following specifications: BID SAMPLE IDENTIFICATION Bid samples submitted must be accompanied by temporarily or permanent Bid Sample Identification, either affixed or applied, written or printed, that states which item(s) each bid sample represents against the price schedule(s). A bidder may submit the same bid sample for more than one item in the price schedule but the bid sample must still be accompanied by temporarily identification, either affixed or applied, written or printed, that states which set of Item(s) each bid sample represents against the price schedule(s). Note that for such situations, the sample must still meet the specifications of all referenced items. The references used must be either as found in the price schedule or specifications, with specifications taking precedence where conflict arises. Unless otherwise noted, bid samples submitted for evaluation, along with all requested deviations rectified, must be the same item, same commodity, or same material that will be initially supplied and supplied later as and when required by the contract for the duration of the contract. Bid samples for evaluation along with all requested deviations rectified, that are not the same as the item, commodity or material that will be shipped initially, will not be accepted and will result in the item represented by bid sample being declared informal. Bid samples must be ready to use. Unless otherwise noted, two or more bid samples, in whole or in part, cannot be used as a single bid sample. Unless otherwise explicitly noted for bid samples as being required, City identifying logos and City identifying lettering are not required for bid samples. City identifying logos and City identifying lettering meeting specifications will be required for City approval prior to first order shipment. City identifying logos and City identifying lettering meeting specifications will be required for first production run and onward for the duration of the contract. Bid samples with temporary affixed or applied, handwritten or printed, tags excluding the above noted Bid Sample Identification to the price schedule(s), will not be accepted. All textile item samples must have permanent labels meeting the Textiles Labelling Act, including but not limited to C.R.C., c. 1551 - all sections under "Information to be Shown in Label", all sections under "Manner in which Information is to be Shown in Label", and all sections under "Form of Label and Manner of Application". All regulated container samples must bear required

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CITY OF TORONTO SPEC.#: 004E-41TW FINANCE SPECIFICATION PAGE #: S3 OF S8 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 permanent markings. All regulated items must bear required permanently affixed or permanently applied markings. As it is the responsibility of the bidder to submit bid sample(s) that are better or equal to specifications noted in call, the City reserves the right to perform its own bid sample evaluation to determine where bid samples, in part or in whole, deviate from specifications. The City reserves the right to perform destructive testing on submitted bid sample(s), all at no cost to the City of Toronto and to request written verification as per section 2.3 of this specification, including but not limited to accredited laboratory test results to show proof of compliance to some or all specifications, all at no cost to the City of Toronto. Upon City evaluation, where bid samples are found to deviate from specifications and where said deviations are deemed by the City of Toronto to be similar or better in design and construction to this specification, City may accept said deviations. Upon City evaluation, where bid samples are found to deviate from specifications and where said deviations are deemed by the City of Toronto to NOT be similar or better in design and construction to this specification, City may request bidder to rectify any deviations to meet specifications or the City may declare bid item represented by sample as informal. Up to one (1) sample for up to each bid sample from the successful bidder will be approved by City of Toronto Standards and Specifications as an authorized representative sample of item, commodity, or service that will be offered for the duration of contract period and will be retained by the City of Toronto as a control sample, at no additional cost to the City of Toronto. 2.5 SHIPPED GOODS REQUIREMENTS: The Successful Bidder shall supply products and commodities and services to the City of Toronto that match the City approved winning sample(s) submitted under 2.4 along with any rectification of deviations and shall ensure that product, commodity, service and related performance and quality is maintained to specification requirements throughout the life of the supply contract. In addition to section 2.3 - WRITTEN VERIFICATION OF QUALITY OF GOODS, the City of Toronto may also randomly test, in part or in whole, all products, commodities and services, supplied to the City, for compliance to the RFQ specifications. Unless otherwise noted in the RFQ or specifications, such audit testing will be at the City of Toronto's expense unless a product, commodity or service fails to meet specification(s) or referenced standard(s), in which case the Vendor will become responsible for all expenses incurred, including but not limited to costs for: a) Testing costs which resulted in non-compliance to specifications b) All additional re-testing costs to prove compliance to specifications c) Removal of all deficient product(s), commodity(ies) and service(s) d) Repair or replacement, as directed by the City of Toronto, for all deficient product(s), commodity(ies) and service(s) with specification compliant product(s), commodity(ies) and service(s)

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CITY OF TORONTO SPEC.#: 004E-41TW FINANCE SPECIFICATION PAGE #: S4 OF S8 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 e) Disposal of all deficient product(s), commodity(ies) and service(s) that cannot be made to comply with the relevant call's specifications, all within the timeframe for first order delivery noted in the RFQ and all at no additional cost to the City of Toronto. In cases of disagreement over the interpretation of test results, the decision of the City of Toronto shall be final and binding. Vendors are to note that the City considers the following scenarios as Fraud and may commence various proceedings against Vendors and their firm(s) when, but not limited to: - Lower quality materials and/or lower amounts are supplied but the City is billed for specified products, commodities and services - Unilateral substitutions of specified products (i.e. Bait and Switch), specified commodities and/or specified services, - False inspection certificates, and - False testing of material reports Bidders must not substitute contract approved product(s), commodity(ies) or service(s) without prior written approval from City of Toronto Purchasing and Materials Management staff, on either City of Toronto letter head or City of Toronto originating email. Any approved substitution must meet or exceed the approved good, approved commodity or approved service to be substituted, at no additional cost to the City of Toronto. Vendor will reimburse all substitution evaluation costs, including labour and testing costs, to City of Toronto PMMD Standards and Specifications Unit. 2.6 BID SAMPLES AND SHIPPED GOODS (PRODUCTS, COMMODITIES AND SERVICES) GENERAL REQUIREMENTS: Product(s), commodity(ies), material(s) and service(s) shall be free from defects, imperfections and deficiencies that may affect operation, appearance and serviceability. In all particulars not covered by this specification or the RFQ, production shall be in accordance with good commercial practice. Materials not defined in the specification shall be of the best commercial quality and suitable for the purpose intended. 2.7 CITY OF TORONTO LOGO(S) RIGHTS: The City of Toronto reserves all rights for the various City of Toronto logos, Agency logos, Corporation logos, Division logos, Program logos and other identifying markings and characteristics reflecting City of Toronto usage; collectively known hereafter as "the City of Toronto logo(s)". Goods displaying the City of Toronto logo(s) must be only for City of Toronto use, unless express written consent is provided by an authorized representative from the City of Toronto for alternative use. Where Goods displaying the City of Toronto logo(s) exist, are not for City of Toronto use, and no express written consent has been provided by an authorized representative from the City of Toronto for alternative use, the vendor must remove or permanently and fully cover all of the City of Toronto logo(s) on said Goods.

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CITY OF TORONTO SPEC.#: 004E-41TW FINANCE SPECIFICATION PAGE #: S5 OF S8 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 The City of Toronto reserves the right to inspect samples of removed or permanently and fully covered the City of Toronto logo(s) within ten (10) business days of request, at no additional cost to the City of Toronto. The City of Toronto reserves the right to view within the City of Toronto boundaries vendor supplied samples of removed or permanently and fully covered the City of Toronto logo(s) within ten (10) business days of request. 2.8 SUBSTITUTIONS Bidders must not substitute contract approved product(s), commodity(ies) or service(s) without prior written approval from City of Toronto Purchasing and Materials Management staff, on either City of Toronto letter head or City of Toronto originating email. Any approved substitution must meet or exceed the approved good or approved service to be substituted.

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CITY OF TORONTO SPEC.#: 004E-41TW FINANCE SPECIFICATION PAGE #: S6 OF S8 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 3.0 SCOPE:

This specification is for the supply and delivery of various, new, Polyvinyl Chloride (PVC) watermain pipe, Class 150, DR 18 for use in water distribution system in the City of Toronto.

3.1 Standards and References: Bidder must supply and deliver above noted item(s), in accordance, including all required

markings, with the relevant standards noted below:

- ANSI/AWWA C907-04 Polyvinyl Chloride (PVC) Pressure Fittings for Water - 4 In. through 8 In.

- ANSI/AWWA C905-10 Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. through 48 In.

- ANSI/AWWA C900-07 Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated

Fittings, 4 In.-12 In., for Water Transmission and Distribution

- NSF/ANSI 61-2010a - Drinking Water System Components - Health Effects

- CSA B137 SERIES-09 Thermoplastic Pressure Piping Compendium

- ASTM D1784-08 Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds

- ASTM F477-10 Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe

- ASTM D2000-2008 Standard Classification System for Rubber Products in Automotive Applications

- ASTM D2122-98(2010) Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings

- ASTM D3139-98(2005) Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals

- FM 1610 –2006 - Standard for Ductile Iron pipe and fittings, flexible fittings and couplings

- FM 1612 – 1999 - Standard for Polyvinyl Chloride (PVC) Pipe and Fittings for

Underground Fire Protection Service

- UL 1285-2001, Pipe and Couplings, Polyvinyl Chloride (PVC), for Underground Fire

Service

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CITY OF TORONTO SPEC.#: 004E-41TW FINANCE SPECIFICATION PAGE #: S7 OF S8 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017 4.0 PVC WATERMAIN PIPING: 4.1 General:

All new PVC pipes, including but not limited to 6” to 24” supplied, must meet requirements of the latest AWWA C900 / AWWA C905 and must be dimension ratio of 18 (DR 18), cast iron pipe equivalent outside diameters (CIOD), pressure class of 150

All materials used for the manufacturing of PVC pipe shall conform to NSF/ANSI 61

4.2 Standard Length: Standard length of PVC pipes shall include but not be limited to 10’ lengths and 20’ lengths, plus or minus 1” tolerance

4.3 Performance Requirements for Elastomeric Gasket Joints:

Bell end PVC pipe joints, using elastomeric gaskets, shall conform to the requirements of AWWA C900, C905 & C907

4.4 Marking Requirement: Markings shall be in compliance with AWWA C900 & C905

Pipes supplies shall bear the certifications from the following agencies:

1) NSF (National Sanitation Foundations) Standard 61 for Plastic Piping Systems components and related materials

2) CSA (Canadian Standard Association) standard CSA B137

Series-09

3) ULC (Underwriters’ Laboratories of Canada) 1285-2001 PVC pipe and Fittings for Underground Fire Service Systems

4) FM (Factory Mutual Research) 1612 - Standard for

Polyvinyl Chloride (PVC) Pipe and Fittings for Underground Fire Protection Service

4.5 Installation Instructions:

The manufacturer shall furnish clear concise installation instructions

4.6 Manufacturer’s Quality Management System: All PVC piping shall be manufactured under a recognized Quality Management System.

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CITY OF TORONTO SPEC.#: 004E-41TW FINANCE SPECIFICATION PAGE #: S8 OF S8 PURCHASING AND MATERIALS MANAGEMENT DATE: 02/22/2016 This Specification forms part of our Quotation No. 4001-16-0017

If requested, within five (5) business days, bidders shall provide a copy of the manufacturer’s certification to ISO 9001:2000 or an equivalent manufacturer’s Quality Management System (QMS) to be approved by the City of Toronto

Approved equivalent quality system includes:

1. A Quality Manual with a table of content

2. A Quality Policy, and

3. at a minimum the following 5 quality elements*

a. Document and Data Control

b. Control of Non-conforming Products

c. Corrective and Preventive Action

d. Control of Quality records

e. Internal Quality Audits

Quality elements must include Procedures (what, who and when (i.e. frequency)), Work instructions (how and where) and/or Records (signed and dated) or combinations of the above.

4.6.1 Inspection:

All material and equipment shall be visually inspected by vendor or assigns to assure conformance with the workmanship, design, and dimensional requirements as per listed standards and this specification.

4.7 Delivery: All pipes delivered shall have caps at both ends

All pipes delivered shall be properly covered to prevent the pipes from direct UV exposure

5.0 WARRANTY: Bidder shall provide the City of Toronto with a minimum 2 (two) year

warranty on each product offered

6.0 PERFORMANCE EVALUATION: Upon request, bidders shall supply and deliver one (1) sample of

each item offered for evaluation within five (5) business days of such a request, at no cost to the City of Toronto.

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APPENDIX E - CITY POLICY COMPLIANCE FORMS (Also See City Policies Listed in Appendix "E1")

POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST To ensure Fair and Equal Treatment in its competitive procurements, the City of Toronto will undertake to:

- disallow bidders/proponents from submitting a bid to any Tender, Quotation, or Proposal call in which the bidder/proponent has participated in the preparation of the call document; and

- a bidder/proponent who fails to comply will result in disqualification of their response to the call/request. Did you, the Bidder, assist the City of Toronto in the preparation of this Request for Quotation call? Specify: Yes _____ No _____

PURCHASE OF PRODUCTS MANUFACTURED IN FACTORIES WHERE CHILDREN ARE USED AS SLAVE LABOUR OR OTHER EXPLOITIVE CIRCUMSTANCES WHICH IMPEDES CHILD DEVELOPMENT (if applicable) Purpose: To advise suppliers that the City of Toronto does not wish to encourage the use of products manufactured in factories where children are used as slave labour or other exploitive circumstances which impedes child development. Policy: Bidders must state where the products offered have been made. City Council does not wish to see products used that have been made in factories in countries where children are used as slave labour or other exploitive circumstances, which impedes child development. Therefore, preference will be given to bidders that obtain products from any country other than the aforementioned, but this criteria will not be used to disqualify any bidder. Bidders must state where the products offered have been made: _______________________ (Specify) Bidders to state if products offered have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development: ____________________ (Specify)

This policy will be considered in the evaluation of all Bids received.

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ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT (if applicable) For a copy of the City of Toronto Environmentally Responsible Procurement Policy, please download a copy of the Policy at http://www.toronto.ca/calldocuments/pdf/environment_procurement.pdf State if environmentally preferred products/service is being offered: YES______ NO______ State briefly the environmental benefit of the product/service offered: ____________________________________________________________________________________ ______________________________________________________________________________

RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT EMPLOYEES FOR CITY CONTRACTS (if applicable) 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.

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APPENDIX “E1” – APPLICABLE CITY POLICIES

For a copy of the City of Toronto Procurement Policies, please download a copy of the Policy by clicking any of the links as provided below or by visiting the following website (www.toronto.ca/purchasing/policies):

(1) FAIR WAGE POLICY*

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

The policy and schedules are available on the Fair Wage Office website – www.toronto.ca/fairwage LABOUR TRADES CONTRACTUAL OBLIGATIONS IN THE CONSTRUCTION INDUSTRY* Labour Trades Contractual Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

(2) ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING REQUIREMENTS POLICY

(3) POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION

OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST

(4) CONFLICT OF INTEREST POLICY

(5) PURCHASE OF PRODUCTS MANUFACTURED IN FACTORIES WHERECHILDREN ARE USED AS SLAVE LABOUR OR OTHER EXPLOITIVE CIRCUMSTANCES WHICH IMPEDES CHILD DEVELOPMENT

(6) ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT

(7) POLICY ON DONATIONS TO THE CITY FOR COMMUNITY BENEFITS

(8) RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT

EMPLOYEES FOR CITY CONTRACTS

(9) RIGHT TO REJECT DEBTORS AND SET OFF POLICY

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APPENDIX “E2” – FAIR WAGE SCHEDULE

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

http://www.toronto.ca/fairwage

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

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

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NOTICE OF "NO BID" RFQ#: 4001-16-0017

CLOSING DEADLINE:

May 19, 2016

IMPORTANT - PLEASE READ THIS It is important to the City to receive a reply from all Bidders. There is no obligation to submit a Bid; however, should you choose not to bid, completion of this form will assist the City in determining the type of goods or services you are interested in bidding on in the future in order to ascertain a better understanding of why a Quotation was not provided to the City to consider. INSTRUCTIONS: If you are unable, or do not wish to quote on this RFQ, please complete the following portions of this form. State your reason for not bidding by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other quotation documents. Return the completed form by email or fax to the Official Point of Contact prior to the Closing Deadline.

Company Name:

Address:

Signature of Company Representative:

Position:

Date: Telephone :

1. We do not manufacture/supply this commodity 6. We do not manufacture/supply to this

specification

2. Unable to quote competitively 7. Cannot handle due to present plant loading

3. Quantity/job too large 8. Quantity/job too small

4. Cannot meet delivery/completion requirements 9. Licensing restrictions

5. Agreements with distributors/dealers do not permit us to sell direct

10. Conditions too restrictive

Yes No

Do you wish to quote on these goods/services in the future?

Please take the opportunity to tell us how we can improve upon this call:

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