ONTARIO COLLEGE OF ART AND DESIGN
UNIVERSITY
REQUEST FOR QUOTATION
FOR
General Contracting Services
for
Interior Renovations for Level 7 & 11 of
230 Richmond St W,
Toronto, Ontario, M5V 1V3
RFQ Ref No: 2015- 101
Closing Date and Time:
Dec 01, 2015 at 2:00 pm EST
Procurement Contact:
Sahil Chishti, Procurement Specialist
schishti@ocadu.ca
Tel: 416-977-6000, ext. 213
November 2015
Table of Contents
1.
SUMMARY OF MANDATORY REQUIREMENTS ............................................................. 4
2.
DEFINITIONS .................................................................................................................... 5
3.
INTRODUCTION ................................................................................................................ 8
4.
BACKGROUND AND OVERVIEW .................................................................................... 8
5.
PROJECT DESCRIPTION ................................................................................................. 9
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
Scope of Work ........................................................................................................ 9
Working Hours .......................................................................................................10
Commencement and Completion Date ..................................................................11
Notice of Project ....................................................................................................11
Designated Subcontractors: ...................................................................................11
Coordination with Owners’ Subcontractors ............................................................12
Record Drawings, And As Built: .............................................................................12
Security of the Site While Work Is Being Performed...............................................13
Existing Utilities and Systems ................................................................................13
Schedule of Timeline and Deliverables ..................................................................13
6.
MANDATORY SITE VISIT AND INFORMATION SESSION .............................................13
7.
QUALIFICATION OF THE BIDDER: .................................................................................14
7.1
7.2
8.
RESPONSES SUBMITTED ONLY IN PRESCRIBED MANNER.......................................14
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.11
8.12
9.
The bidder shall provide qualification information which shall include:- ..................14
To qualify for award of the contract, the bidder:- ....................................................14
Submission Requirements - Preparation Of Bid Response ....................................15
Mandatory Requirements: ......................................................................................15
Revisions and Withdrawals of Bids ........................................................................16
Changes to RFQ ....................................................................................................16
Enquiries................................................................................................................17
One Response .......................................................................................................17
Oral Information .....................................................................................................17
Incomplete Responses ..........................................................................................17
Verification .............................................................................................................17
Misleading Information ...........................................................................................17
Bid Validity Period ..................................................................................................18
Bid Deposit ............................................................................................................18
CONFLICT OF INTEREST ................................................................................................18
10. EVALUATION AND ACCEPTANCE OF BIDS..................................................................18
11. AWARD OF PROJECT .....................................................................................................19
12. LITIGATION ......................................................................................................................20
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
13. BUSINESS INFORMATION AND REQUIREMENTS ........................................................20
13.1
13.2
13.3
13.4
13.5
13.6
13.7
13.8
13.9
13.10
13.11
13.12
13.13
Form and Term of Agreement ................................................................................20
OCAD University Purchasing Policies and Procedure ............................................21
OCAD University Health & Safety Requirements ...................................................21
Occupational Health and Safety Review & Audit ....................................................21
No Guarantee of Volume of Work or Exclusivity .....................................................21
Materials and Copyright .........................................................................................21
Indemnity ...............................................................................................................22
Compliance with Laws, Regulations and Standards ...............................................22
Insurance ...............................................................................................................23
WSIB Clearance ....................................................................................................23
Confidential Information .........................................................................................24
Assignment and Subcontracting.............................................................................24
Accessibility Standards for Customer Service ........................................................24
14. SHIPPING INFORMATION ...............................................................................................26
15. INVOICES .........................................................................................................................26
APPENDIX A: PROPOSAL SUBMISSION FORM ...................................................................27
APPENDIX B: BID BONDS ......................................................................................................28
APPENDIX C: BID SUBMISSION FORM .................................................................................30
APPENDIX D: CONFLICT OF INTEREST DECLARATION .....................................................31
APPENDIX E: SUB-CONTRACTORS & SUPPLIERS .............................................................32
APPENDIX F: QUALIFICATION INFORMATION .....................................................................33
APPENDIX G: ACKNOWLEDGEMENT FORM .......................................................................34
APPENDIX H: CERTIFICATE OF INSURANCE ......................................................................35
APPENDIX I: ARCHITECTURAL, MECHANICAL, ELECTRICAL DRAWING AND
SPECIFICATIONS PACKAGE ..........................................................................................36
APPENDIX J: PROJECT MANUAL ........................................................................................37
APPENDIX K ............................................................................................................................38
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
1.
SUMMARY OF MANDATORY REQUIREMENTS
Following is a list of requirements that must be satisfied in order for a Bid Submission in
response to this RFQ to be considered.
Please check and confirm the following before submitting the Bid
Sl
No
1
Page No
Items to be checked
13
Mandatory site visit attendance (Section 6) on November 17,
2015 at 1:30pm
Project Manager with Five years’ experience (Section 7)
Minimum Annual volume of construction work of
$2,400,000.00 in any of the last three years (Section 7)
Completed as prime contractor in the construction of at least
two similar works during the last five years value of minimum
$ 950,000 each (Section 7)
Electronic Bid Submission (EBS) through the use of MERX
(Section 8)
Bid is valid up to 90 days from date of tender closing date
(Section 8.11)
Contractor’s Appendixes has been signed by Director (Top
Management) of the Company
2
3
4
13-14
5
14
6
17
7
Appendixes
A, C, D,E, F
&G
Yes / No
Documents to be submitted with the Bid
Sl
No
1
Page
No
2
3
4
23
Appendix A
Appendix B
5
6
7
8
Appendix C
Appendix D
Appendix E
Appendix F
9
10
Appendix G
Appendix H
Documents
13-14
Yes / No
Project Manager Resume with Five years’ experience in
works of an equivalent nature and volume (Section 7)
Current valid WSIB clearance certificate (Section 13.10)
Proposal Submission Form
Bid Bond for the value of 10% of the contract value, valid for
a period of One-Hundredth-five (105) days following the bid
closing date
Bid Submission Form
Conflict of Interest Declaration Form
List of Sub-Contractors
Qualification Information; List of Projects executed in last
Five years, showing Value of the project. (Please fill up the
form carefully and completely)
Health & Safety Acknowledgement Form
Valid certificate of Insurance demonstrating the required
insurance coverages (Section 13.9)
NOTES:
Please read the RFQ for the full list of documents to be submitted. This may not be a complete
list.
PLEASE DO NOT SUBMIT THIS CHECKLIST WITH YOUR BID
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
2.
DEFINITIONS
The terms listed below shall have the following meanings in this document:
“Addendum” or “Addenda” means written amendment(s) to this RFQ issued by OCAD
University.
“Award” means to accept the offer of the Preferred Respondent for the provision of the
goods and/ or services contemplated by this RFQ.
“Bid” means a price quotation (in $CAD) included as part of a submission in response to
this RFQ.
“Conditional Award” means an award that is not finalized unless any attached conditions,
such as OCAD U Board of Governors approval, are met to the satisfaction of OCAD U
acting in its sole discretion.
“Consultant” means the person or entity engaged by OCAD U and identified as such in
the Contract Agreement and may be an Architect, an Engineer or any such other
professional entity licensed to practice in the Province of Ontario. The term Consultant
also means the Consultant’s authorized representative.
“Contract Agreement” means the contract signed by OCAD U and the Successful
Respondent, including any Purchase Order submitted by OCAD U to the Successful
Respondent, for the provision of the goods and/ or services contemplated by this RFQ.
“Contract Price” means the dollar amount stipulated in the Contract Agreement for
completion of the Work, excluding applicable taxes.
“Contractor” means the legal entity bound by a Contract Agreement with OCAD U to
provide the goods and/ or services contemplated by this RFQ.
“Evaluation Team” means individuals designated by OCAD U to review all valid Bids and
assess, in their sole discretion, the compliance and viability of all received Bids and
identify the Preferred Respondent yielding the best offer to the benefit of OCAD U.
“Financial Viability” means the assessment of the Evaluation Team, acting in its sole
discretion, of the positive financial condition of a Respondent that supports the
Respondent’s ability to deliver on the performance requirements of the RFQ Documents.
“GC” means General Contractor.
“HST” means Harmonized Sales Tax as applied in the Province of Ontario.
“HVAC” means Heating, Ventilation and Air Conditioning.
“Itemized Price” means a price, exclusive of applicable taxes, attached to any specified
component of the Bid Price.
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
“Letter of Intent” means the written confirmation from OCAD U issued to the Preferred
Respondent that confirms the intent of OCAD U to enter into a Contract Agreement with
the Preferred Respondent.
“Mandatory Requirement” means a condition that must be met or fulfilled, failure of
which shall result in the Disqualification of the Bid.
“MUA” means Make-up Air, ventilation and air conditioning unit.
“OCAD University” or “OCAD U” means Ontario College of Art & Design University.
“OEM” means Original Equipment of Manufacturer.
“Owner” means OCAD University.
“Preferred Respondent” means the Respondent achieving the highest Bid Score from
the Evaluation Team.
“Prime Cost Sum” means a fixed dollar amount included in the Contract Price (inclusive
of all labour, material, equipment and supervision, but exclusive of applicable taxes) to
cover a particular portion of the Work to be carried out by a nominated Supplier/ Vendor
or trade contractor.
“Project” means the entirety of the goods and/ or services contemplated by OCAD U of
which the Work may be the whole or a part.
“Project Manager” means a designated OCAD U representative or the person or entity
engaged by OCAD U to oversee implementation of the entire Project including the Work.
“Project Team” means the designated OCAD U representative(s), the Project Manager,
the Consultants and any additional professionals engaged by OCAD U to oversee
execution of the Project.
“Respondent” means any corporation, partnership, individual or joint venture responding
to this RFQ.
“Respondent Team Member(s)” means any member of the group proposed by the
Respondent, including individuals and/ or subcontractors/ suppliers/ vendors, identified
in the Respondent’s Bid submission to execute the Work.
“Bid Opening” means the opening by the Evaluation Team of all Bids received in
accordance with the requirements of the RFQ Documents.
“Bid Package” means the parcel (envelope or box) containing all the documents and
information the Respondent is submitting in response to this RFQ.
“Bid Score” means the aggregate of all Rated Criteria points achieved by each individual
Bid.
“Bid Submission Form” means Appendix A included with the RFQ Documents.
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
“Rated Criteria” means those criteria described in the RFQ Documents that will be
scored by the Evaluation Team to assess the Bid of each Respondent. Respondents
must demonstrate they can meet all Rated Criteria.
“RFQ” means this Request for Quotation, including all attached Appendices, Schedules
and/ or Drawings.
“RFQ Closing Date” means the latest date by which all Bids must be delivered to OCAD
U in the prescribed manner in order to be considered.
“RFQ Closing Time” means the specific time in Toronto, Canada on the RFQ Closing
Date by which all Bids must be delivered to OCAD U in the prescribed manner in order
to be considered.
“RFQ Documents” means this complete RFQ with all attached Appendices and all
issued Addenda.
“Successful Respondent” means the Respondent selected by OCAD U as a result of the
evaluation and award process, to enter into a Contract Agreement with OCAD U to
provide the goods and/ or services contemplated by the RFQ Documents.
“Supplier” means any legal entity from which OCAD U may purchase goods and/ or
services.
“University” means Ontario College of Art & Design University.
“Vendor” means any legal entity from which OCAD U may purchase goods and/ or
services.
“Work” means the entirety of goods and/ or services required by the RFQ Documents.
“Work Delivery Approach” means the approach described by the Respondent in its Bid
that it intends to apply in executing the Work.
“WSIB” means The Workplace Safety and Insurance Board (of Ontario).
Note: all times listed in this RFQ shall be local time in Toronto, Ontario, Canada.
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
3.
INTRODUCTION
OCAD University solicits offers on the attached Bid Form for our Interior Renovation for
Level 7 & 11 of 230 Richmond St W project.
The Facilities Planning & Management office of OCAD University seeks a General
Contractor to provide all labour, materials, equipment and supervision to construct
approximately 6,000 sq. ft. on the 7th floor + approximately 6,000 sq. ft. on the 11th floor
interior office renovation project of 230 Richmond St. W. Toronto, ON, In accordance
with the drawings and specifications including any addenda issued during the time of
bidding.
The successful Respondent will work with the OCAD U consultant and OCAD
University’s designated Project Manager to deliver the project in accordance with the
drawings and specifications included with this document.
This RFQ is intended to assist Respondents in gaining an understanding of the particular
requirements of the Project for OCAD U. However, each Respondent is responsible for
verifying all the information required for its Bid.
Please be advised that OCAD U is under no obligation to proceed with the Project after
receiving and evaluating Bids, and that under no circumstances will any Respondent
receive payment of any kind from OCAD U for the preparation and submission of any
Bid in response to this RFQ.
4.
BACKGROUND AND OVERVIEW
OCAD University (www.ocadu.ca) is Canada’s “university of the imagination.” The
University, founded in 1876, is dedicated to art and design education, practice and
research and to knowledge and invention across a wide range of disciplines. OCAD
University is building on its traditional, studio-based strengths, adding new approaches
to learning that champion cross-disciplinary practice, collaboration and the integration of
emerging technologies. In the Age of Imagination, OCAD University community
members will be uniquely qualified to act as catalysts for the next advances in culture,
technology and quality of life for all Canadians.
OCAD University is occupying an additional 40,000 square feet at 230 Richmond St. W.,
a former commercial office building which already houses the university’s Marketing and
Communications, Development & Alumni Relations, Imagination Catalyst, Visual
Resources & Archives, and the Admissions & Recruitment teams.
This expansion is enabled, in part, through a recently concluded joint-venture
arrangement with Hullmark Developments, in which Hullmark and OCAD U will share the
ownership of 230 Richmond St. W. and the adjacent brick-and-beam building at 240
Richmond St. W.
The arrangement clears the way for several important space-use opportunities, such as
this project, which involves the relocation of, Payroll/HRIS, Human Resources, Finance,
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
and IT Enterprise onto the 7th floor, from a variety of different locations throughout the
University, and the Offices of the President and Vice Presidents onto 11th floor of 230
Richmond St. W.
The 7th and 11th floors are currently vacated and demolished.
The objective of the project is to consolidate, the administrative functions of the
University into one location.
The Facilities Planning & Management office now seeks a General Contractor to provide
the professional services required to work with OCAD U staff, an Architect, and
Engineering Consultants to bring the Project to completion on time as per Deliverables
listed in Section 5.10. The Successful Respondent, if any, shall be awarded a CCDC-2
(2008) form of Stipulated Price Contract.
5.
PROJECT DESCRIPTION
5.1
Scope of Work
The Contractor shall furnish all labour, materials, equipment and supervision to
implement this project at 230 Richmond St. W 7th & 11th floors, Toronto, in
accordance with the drawings and specifications including any addenda issued
during the time of bidding.
Refer to the attached; Architectural, Mechanical, Electrical drawings, and
Specifications and Project Manual.
The Successful Respondent shall provide professional General Contractor
services to manage the renovation process in accordance with the tender
drawings and specifications. These services shall include but not be limited to
the following:
This scope is high level information only and is intended to compliment all
drawings, specifications and other documentation in support of this work. It is not
intended to be a complete and comprehensive list.
5.1.1
5.1.2
5.1.3
5.1.4
Contractor is responsible to check, confirm and coordinate all site
measurements and conditions, including plumb of the existing surfaces.
Contractor is expected to be able to perform the work during regular
business hours and/or after hours as required, being mindful that the
work area is adjacent to occupied offices and/or classrooms.
Appropriate measures shall be employed to protect adjacent areas from
dust and intrusive noise
Contractor shall perform the work as per the requirements of OCAD U
Contractor duties and responsibilities, as outlined in the OCAD U Health
and Safety requirements for Contractors (see Section 13.3 & 13.4),
including loading, debris removal, hours of work, coordination of
elevator and other facilities as required.
Any surplus doors, hardware and light fixtures shall be offered to OCAD
U for their inventory prior to disposal. If OCAD U deems the material to
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
5.1.5
5.1.6
5.1.7
be re-useable, the Contractor shall relocate the materials to the storage
room identified by OCAD U.
Contractor shall provide daily morning spot cleaning/dusting, and protect
existing equipment and finishes from damage and/or dust for the
duration of the work.
Contractor shall remove all debris and material from the site upon
completion of the work, and provide a thorough cleaning and dusting, so
that the renovated spaces are ready for use.
Contractor to enclose work area in clear Poly to eliminate the travel of
dust to other areas of the building.
5.1.8
Contractor to notify OCAD U of loud noise and smells that are deemed
to affect adjacent occupied offices and classrooms.
5.1.9
Contractor shall manage all sub-contractors and coordinate work as
required with the OCAD U Facilities Planning & Management
departments.
5.1.10
Removal and disposal of any existing materials not part of the current
scope of work as indicated in the attached construction documents.
Patching and making good of existing finishes to match new work as
indicated in the attached Construction Documents and any areas
damaged by trades during the work.
Cooperate with Owner and/or Owner's agents for general work and
maintaining regular building functions for the duration of the construction
period. Prior approval must be obtained where any systems are to be
shut down that may affect the operation of the building. Any and all
associated costs for shutdowns are the sole responsibility of the
Contractor.
Apply and pay for all necessary right of way permits to accommodate
the work as required and/or specified on the contract documents.
Furniture and Equipment (Nil)
5.1.11
5.1.12
5.1.13
Note: Any and all associated costs for the contractor to provide a fire watches will
be at the sole cost of the contractor.
5.2
Working Hours
5.2.1 Working hours for project work are at the discretion of the Contractor. The
owner reserves the right to stop any disruptive work during the hours
shown below in section 5.2.2, and request to have this work completed at
a different time at no cost to OCAD University.
5.2.2 Normal business hours are 8:00 am to 5:00 pm Monday to Friday.
5.2.3 The Contractor must work around the Owners existing delivery dates and
storage requirements. The area of construction is to be clearly delineated
and signed for safety purposes at all times, including access to exits, and
clear paths of travel.
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
5.2.4 Saturday and Sunday work is permitted with prior notification to the owner.
No additional payment for Saturday and Sunday and after hours work will
be permitted. The General Contractor must schedule accordingly and
include afterhours work within their bid price.
Note: The 230 Richmond St. W. building is partially occupied, and undergoing
other renovations projects at the same time. As a result, it is critical that the
General Contractor coordinate the use of the loading dock and freight
elevator for delivery and removal of all material and equipment with OCAD
U designate.
5.3
Commencement and Completion Date
5.3.1 The start date of this Contract is within seven days of purchase order
issuance and signed CCDC2 by the Owner. Award is conditional on all
approvals being in place. Continuous and progressive operation shall be
carried out until the work is completed.
5.3.2 Completion date of the Contract may be extended subject to the required
approvals being obtained.
5.3.3 The Contractor and all Subcontractors will be required to sign in with the
security desk at 100 McCaul St. where they will be issued Contractor cards
to access the site.
5.3.4 The anticipated completion date for all work under this Contract is to be
May 04, 2016.
5.3.5 The General Contractor is responsible to provide any and all the forces
necessary to complete the work within the specified timeframe.
5.4
Notice of Project
Contractor shall file a Notice of Project (Form 0175) with the Province of Ontario
Ministry of Labour and provide a copy of that Notice to the OCAD University
Facilities Planning & Management Department.
5.5
Designated Subcontractors:
The following are sub-contractors for work indicated. Include their work into the
base Contract Price.
Door Hardware, Locks and Stops:
Lock-up Services
Attn: Chris Wright
2977A Lakeshore Blvd W
Toronto, ON M8V 1J8
T: (416) 255-3500
F: (416) 255-8492
M: (416) 553-0570
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
Security Devices:
AC Technical Systems
Attn: Guy DiGiorgio, Account Representative
2100 Forbes St. Unit 8-10 Whitby, ON L1N 9T3
T. (905) 666-8676
F. (905) 666-9795
M (905) 261-1617
Fire Safety
ProFire Safety Services
Attn: Satish Patel
#1 - 15 Kenview Blvd Brampton, ON L6T 5G5
T. (416) 410-7221
F. (905) 799-6439
info@profire.ca
5.6
Coordination with Owners’ Subcontractors
5.6.1
5.6.2
5.6.3
5.7
The contractor will cooperate with maintenance personnel and security
personnel to facilitate the work of the contract.
The Owner will not coordinate any work of the designated
subcontractors. All designated subcontractors to be the responsibility of
the general contractor and be co-ordinated accordingly to perform the
work of the contract.
The contractor will co-operate with the Owner's sub-trades and staff to
facilitate any on-going work within the building.
Record Drawings, And As Built:
5.7.1
Maintain a complete set of record drawings and specifications
throughout the duration of the work of the contract on site.
5.7.2
The project close out documents (including as-built) and the Operations
and Maintenance manuals must be submitted by the general contractor
and accepted by the Project Administrator before the Certificate of
Substantial Performance can be certified by the Prime Consultant.
5.7.3
Refer to technical specifications for additional requirements regarding
as-built drawings and Substantial Performance.
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
5.8
Security of the Site While Work Is Being Performed
While work is being performed access to the facility will be granted to the General
Contractor. The General Contractor is solely responsible for securing the site and
protecting their equipment while trades are working at all times.
5.9
Existing Utilities and Systems
The Contractor is fully responsible for the protection of all utilities and operating systems
either shown on the drawings or which are existing and/or any utility locates.
5.10
Schedule of Timeline and Deliverables
Following are the dates for milestones and deliverables expected of the
Successful Respondent for this important and time sensitive Project. These
dates are subject to change at the sole discretion of OCAD U:
6.
Action or Deliverable
Milestone / Completion Date
RFQ # 2015-101 for GC Issued
November 06, 2015
Mandatory Site Visit and Information
Session
November 17, 2015 @ 1:30 p.m.
Last date for enquiries
November 24, 2015 @ 3:00 p.m.
Enquiry responses forwarded to all
Bidders
November 27, 2015 @ 4:00 p.m.
RFQ # 2015-101 Closing
December 01, 2015 @ 2:00 p.m.
General Contractor selection
December 15, 2015
Commencement of the Work
January 04, 2016
Substantial Completion
May 04, 2016
Complete deficiency correction
May 11, 2016
MANDATORY SITE VISIT AND INFORMATION SESSION
On [November 17, 2015] at 1:30 p.m. all Respondents must attend a mandatory site visit
at OCAD U, meeting in the lobby of the 230 Richmond St W, Toronto, ON M5V 1V3.
Disqualification shall result for any Respondents who do not attend this meeting.
Respondents are requested to carefully review all documents issued or associated with
this RFQ prior to attending this meeting. The purpose of this meeting is to review the
site conditions and answer any questions, clarify and/ or correct any error, inconsistency
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
or omission, and to provide explanation or correct any interpretation of the RFQ
documents.
OCAD University will not reimburse Respondents for any cost incurred by attending this
mandatory meeting.
7.
QUALIFICATION OF THE BIDDER:
7.1
The bidder shall provide qualification information which shall include:7.1.1
7.1.2
7.1.3
Total monetary value of construction works performed for each year of
the last 3 years;
List of similar works (similar to brief description of works described in
Introduction (Section 3)) satisfactorily completed as a prime contractor,
member of Joint Venture or subcontractor during the last five years
A Resume of the Project Manager.
Note: - In the reference to work from a joint venture the submission should
indicate the Lead Partner and the proportionate share of the bidder.
7.2
To qualify for award of the contract, the bidder:7.2.1
Should have executed the minimum required annual volume of
construction work of $ 2,400,000 in any of the last three years.
7.2.2
Should have completed as prime contractor in the construction of at
least two similar works during the last five years value of minimum $
950,000 each.
A Project Manager with five years of experience.
7.2.3
Note: - Should the bidder provided the requested information to the OCAD U in
confidence while indicating that the disclosed information is confidential, than the
OCAD U will treat the information in confidential manner.
8.
RESPONSES SUBMITTED ONLY IN PRESCRIBED MANNER
Respondents must submit a Response in accordance with the manner described below.
All responses are to be submitted to OCAD University through the use of MERX
Electronic Bid Submission (EBS). Applicants shall be solely responsible for the delivery
of their response in the manner and time prescribed.
Questions concerning submitting through MERX should be addressed to:
MERX Customer Support
Phone 1-800-964-6379
Email merx@merx.com
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
For assistance in using MERX, please watch the online Electronic Bid Submission
tutorial: http://www.youtube.com/watch?v=To0fqSccw3M . Alternatively, you can
contact MERX directly at 1-800-964-MERX or visit the MERX website at www.merx.com
IMPORTANT NOTE:
It is extremely important that you obtain and retain the PIN number assigned to you by
MERX in order to upload electronic proposal documents.
OCAD University will not be liable for: (i) any costs incurred by any Bidder in the
preparation and submission of a Bid including, (ii) any expenses, costs, losses or any
direct or indirect damages incurred or suffered by any Bidder as a result of participating
in, or otherwise in connection with, this RFQ.
8.1
8.2
Submission Requirements - Preparation of Bid Response
8.1.1
The Bid shall be submitted on the original Bid Form and specified
Appendices issued by OCAD University. The Bid form and specified
Appendices shall not be altered in any way including, but not limited to,
write-ins, strike-outs or any qualifying statements. Any Bid submitted
containing such alterations may be disqualified.
8.1.2
Fill in all blanks in the Bid Form and specified appendices as instructed.
Bid Documents not completed in full may be rejected.
Mandatory Requirements:
Each Bid must include at time of closing the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
Appendix A Proposal Submission form
Appendix B Bid Bond form
Appendix C Bid Submission form
Appendix D Conflict of Interest Declaration form
Appendix E List of subcontractors form
Appendix F Qualification information
Appendix G Acknowledgement Form
Appendix H Certificate of Insurance demonstrating the required insurance
coverages noted in Section 13.9
Current valid WSIB clearance certificate
8.2.1
Proposal Submission form and Bid Form must be executed with an
original signature by an individual with authority to bind the Bidder.
Failure to submit a signed Proposal Submission and Bid Form specified
Appendices and all the required forms above will result in
disqualification of the Bid.
8.2.2
Every Bid shall be accompanied by an Electrical Bid Bond as per
CCDC-220 provided format – Appendix B in the specified amount (refer
to Section 8.12 Bid Deposit) signed by a guarantee surety company
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8.2.3
8.2.4
8.2.5
8.3
8.4
lawfully doing business in the Province of Ontario, Failure of a Bidder to
submit a fully completed Electrical Bid Bond via MERX in the form
enclosed in Appendix B, shall result in the Bid being rejected as noncompliant. (Scan copy of the regular Non-Electrical Bid Bond is Not
Acceptable)
Bid Submission form – Appendix `C’ must be completed in full and
include a monetary amount on all the line items. If any line item is left
blank or contains an entry other than a monetary amount, the bid will be
disqualified. $0.00 qualifies as an entry.
The list of subcontractors form - Appendix `E’ shall be submitted by
each Bidder. OCAD University reserves the right to review the list of
subcontractors provided by each Bidder and in its sole discretion,
request the substitution of any subcontractor proposed.
Qualification Information – Appendix `F’ shall be completed and
submitted to OCAD U. Qualification information will be a base for
evaluation of the bids. Failure of a Bidder to submit a fully completed
Qualification Information via MERX in the form enclosed in Appendix F
shall result in the Bid being rejected as non-compliant.
Revisions and Withdrawals of Bids
8.3.1
Revisions to a submitted Bid will be permitted if the revision is received
prior to Bid Closing and signed by a duly authorized officer of the
Bidder. Revisions are to be submitted via MERX prior to the Bid closing.
8.3.2
Revisions received after the Bid Closing will not be considered
8.3.3
Bids may be withdrawn at any time prior to the Bid Closing via MERX
8.3.4
Bidders submitting a revised Bid must re-submit all documentation
stated in Section 8.2 prior to the Bid closing. Failure to submit all
required forms as indicated in Section 8.2 will result in disqualification.
Changes to RFQ
Any changes or revisions to the RFQ will be issued as a formal addendum to all
Respondents via MERX. . Each addendum shall form an integral part of this
RFQ. If any addendum is issued, OCAD University may, in its discretion, extend
the Response submission deadline for a reasonable period of time.
8.4.1
8.4.2
Respondents are advised to check the tender listing on MERX regularly
for any such Addenda, which will be consecutively numbered and shall
form an integral part of the RFQ Documents.
Respondents shall insert, in the space provided in the RFQ Response
Form, the Addenda numbers of all Addenda issued prior to the RFQ
Closing, including any Addenda bound into the Specifications. Failure
to acknowledge receipt of all Addenda issued on the RFQ Response
Form will result in disqualification of such Bid.
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8.5
Enquiries
No Respondent may claim any advantage from any error, inconsistency or
omission in this RFQ. Any Respondent who has questions as to the meaning of
any part of this RFQ or the project, or who believes the RFQ contains any error,
inconsistency or omission, must make a written enquiry prior to Nov 24, 2015 at
3:00 pm requesting clarification, interpretation or explanation in writing to the
attention of;
Sahil Chishti,
Procurement Specialist
schishti@ocadu.ca
OCAD University will not be required to respond to late or verbal enquiries.
OCAD University reserves the right to distribute any and all questions and
answers to all other Respondents. Respondents are requested NOT to make
verbal inquiries of OCAD University staff and are reminded that oral information
provided to any Respondent will not be binding on OCAD University.
8.6
One Response
Respondents may not submit more than one Response.
8.7
Oral Information
No information given orally by OCAD University or by means of telephone or
email will be binding nor will it be construed as to change the requirements of the
RFQ in any way.
8.8
Incomplete Responses
OCAD University reserves the right to reject any Response whether or not
completed properly and whether or not it contains all required information.
Without prejudice to this right, OCAD University may request clarification,
including supplementary information related to the clarification, where any
Respondent's intent is unclear and may waive or request amendment where in
the opinion of OCAD University there is a MINOR irregularity or omission in the
information that is to be submitted in a required document. Any response by the
Respondent to such a request shall, if accepted by OCAD University, form an
integral part of the Respondent’s Response.
8.9
Verification
The Respondent agrees OCAD University may, if deemed necessary, verify any
information provided in any Response.
8.10
Misleading Information
If there is any evidence of misleading or false information having been given,
OCAD University may, at its sole discretion, reject the Response.
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8.11
8.12
9.
Bid Validity Period
8.11.1
Unless otherwise specified in the RFQ, tenders are to remain firm and in
effect for a period of ninety (90) days following the Tender Closing Time.
8.11.2
Notwithstanding Article 8.11.1, in the event the OCAD U deems it
necessary to extend the ninety (90) day period for acceptance of
tenders for a further ninety (90) day period, the OCAD U shall, prior to
the expiration of such period, notify the tenderer by written notice to that
effect, whereupon the tenderer shall have fifteen (15) days from the date
of receipt of such written notice to, in writing, either accept the
requested extension as referred to in the OCAD U notice or withdraw its
tender.
8.11.3
In the event tender security was provided and in the event of withdrawal
of tender as herein provided, the Tender Security Deposit shall be
reimbursed or returned without penalty or interest. In the event the
tenderer accepts the requested extension, the acceptance period shall
be extended as referred to in the OCAD U notice. In the event the
tenderer does not respond to the OCAD U notice hereinabove referred
to, the tenderer shall be conclusively deemed to have accepted the
extension referred to in the OCAD U notice.
Bid Deposit
8.12.1
Each Bidder shall include a Bid deposit in the form of an Electrical-Bid
Bond payable to the OCAD U in the amount of 10% of the Bid price.
8.12.2
Electrical-Bid Bonds shall be submitted on CCDC-220 Form and shall
remain valid for a period of One-Hundredth-five (105) days following the
Bid closing date.
8.12.3
Should the successful Bidder fail to enter into a Contract with the OCAD
U or fail to start work as directed, the bid deposit will be forfeited to the
OCAD U.
CONFLICT OF INTEREST
The Respondent is required to disclose any real, apparent or potential conflict of interest
that comes to its attention in preparing its Response, during the evaluation or during the
term of any subsequent agreement. The Respondent shall accept any determination by
OCAD University, including any requirements to withdraw from the bidding or
agreement.
10.
EVALUATION AND ACCEPTANCE OF BIDS
10.1
OCAD U will evaluate and compare the bids determined to be substantially
responsive i.e. which
10.1.1
Meet the qualification criteria and mandatory requirements specified in
section 7 and 8.2 above;
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10.1.2
10.1.3
10.2
Are properly signed (Proposal and Bid submission forms) ; and
Conform to the terms and conditions, Specification and drawings without
material deviations.
In evaluating the bids, OCAD U will determine for each proposal the evaluated
price bid by adjusting the price bid by making any correction for any arithmetic
errors as follows:
10.2.1
If there is a discrepancy between words and figures, the amount in
words shall prevail.
10.2.2
If a Contractor refuses to accept the correction, his bid will be rejected.
10.3
OCAD U shall not be obliged to accept any bid in response to this tender call.
10.4
OCAD U may modify and/or cancel this tender call prior to accepting any bid.
10.5
Bids may be accepted or rejected in total or in part.
10.6
The lowest quoted price may not necessarily be accepted by OCAD U.
10.7
In determining which bid provides the best value to OCAD U, consideration may
be given to the past performance of any bidder.
10.8
OCAD U reserves the right to request clarifications of information submitted in
the bid and may reject any bid where, in OCAD U’s sole estimation, the contents
appear to be incorrect, inaccurate or inappropriate based on responses to the
request for clarification.
10.9
OCAD U reserves the right to request clarifications to assess the ability of the
bidder to perform the contract and may reject any bid where, in OCAD U’s sole
estimation, the personnel and/or resources of the bidder are insufficient based on
responses to the request for clarification.
10.10 OCAD U reserves the right to request clarifications from any bidder that appears
to have underestimated the value of the goods and/or services to be provided as
reflected in its submitted price/fee, OCAD U may reject its bid as unbalanced
(i.e., not representative of the scope of the goods and/or services). OCAD U may
reject a bid if it determines, in its sole discretion that the bid is materially
unbalanced following response to the request for clarification.
11.
AWARD OF PROJECT
OCAD University will have the right to select from among the Responses received, one
or more Respondents to whom the project will be awarded. OCAD University reserves
the right in its sole discretion and for any reason whatsoever:
To accept or to reject any or all Responses in whole or in part;
Not to proceed with all or any part of the project;
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The acceptance of a Bid and the award of the contract or any part thereof will be made
by OCAD University in writing and only in writing, in the form of a Purchase Order and
CCDC2 (2008) contract with OCAD U supplementary conditions for the CCDC2 (2008)
contract. In the event that the successful Respondent fails or refuses to enter into and
duly execute an agreement acceptable to OCAD University within ten (10) business
days after OCAD University gives notice of the award of an agreement, or such other
time as is stipulated by OCAD University, OCAD University reserves the right, at its sole
discretion, to award the agreement to another Respondent, not to accept any Response,
or to call for a new response, and the defaulting Respondent shall be liable for all losses,
damages, costs and expenses (including consequential losses and damages, and legal
fees on a solicitor and client basis) suffered or incurred by OCAD University as a direct
or indirect result thereof, including but not limited to any increase in the price of
performance over the price submitted by the defaulting Respondent in its Response.
12.
LITIGATION
OCAD University may, in its absolute discretion, reject a Respondent’s Response if the
Respondent, or any officer or director of the Respondent, is or has been involved within
five (5) years of the date of this RFQ, either directly or indirectly through another
corporation, (i) in a legal action taken by OCAD University, any of its Board members,
officers or employees in connection with any matters related to OCAD University, or (ii)
in a legal action against OCAD University, any of its Board members, officers or
employees, in connection with any matter related to OCAD University, including without
limitation, arising from OCAD University’s exercise of its powers, duties or functions.
13.
BUSINESS INFORMATION AND REQUIREMENTS
The following Section 13 Business Requirements and all the sections found in Appendix
“A” - Proposal Submission Form are requirements that are non-negotiable.
Respondents submitting a Response with alterations, revisions, changes, and/or
conditions to any of part of this Section and/or any parts of the sections found in
Appendix “A” - Proposal Submission Form will not be considered and the Response will
be disqualified.
13.1
Form and Term of Agreement
The Successful Respondent shall be required to enter into a Contract Agreement
with OCAD U, based on the CCDC 2 (2008) Stipulated Price Agreement with
Supplementary Conditions as specified by the University.
13.1.1
Where the provisions of this RFQ conflict with those included in the
Contract Agreement, the provisions of this RFQ shall supersede.
13.1.2
OCAD U reserves the right to renew the term of the Contract Agreement
awarded under this RFQ for up to one (1) month at its sole discretion,
upon thirty (30) days prior written notice to the Successful Respondent.
OCAD University reserves the right to cancel such contract for
convenience upon thirty days (30) prior written notice to the Successful
Respondent.
13.1.3
Payments terms will be set out in contract terms and conditions.
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13.2
OCAD University Purchasing Policies and Procedure
It is the responsibility of all Respondents to be cognisant of the OCAD U
Purchasing Policies & Procedure, copy of which can be found on the OCAD U
website under About OCAD U, Administrative Policies, Section 9000 Finance,
Policy # 9001 (click the following link or copy & paste in browser).
OCAD U Purchasing Policies & Procedures Manual.pdf
13.3
OCAD University Health & Safety Requirements
It is the responsibility of all Respondents to be cognisant of and satisfy the OCAD
U Health & Safety Requirements for Contractors, copy of which can be found on
the OCAD U website under Administrative Policies, Section 5000 Risk
Management / Health & Safety, Policy # 5006 (click the following link or copy &
paste in browser).
OCAD U Health & Safety Requirements for Contractors.pdf
Respondents should complete the Acknowledgement Form Included in this RFQ
document as APPENDIX G and include it with their Bid Submission.
13.4
Occupational Health and Safety Review & Audit
At all times, while working at any OCAD University property, the successful
Bidder will be responsible for all aspects of Health and Safety including, the strict
adherence to all applicable provisions of the Ontario Occupational Health and
Safety Act (OHSA) and the applicable regulations. The successful Bidder shall
submit to OCAD University, upon request by OCAD University, a copy of the
Bidder’s Occupational Health and Safety Policy and program developed to
implement its Occupational Health and Safety Policy. The successful Bidder’s
Occupational Health and Safety Policy and program shall comply with all
requirements of Ontario Regulation 213/91, Regulations for Construction
Projects, under the Occupational Health and Safety Act (Ontario), as amended
from time to time.
13.5
No Guarantee of Volume of Work or Exclusivity
OCAD University makes no representation or guarantee as to the value or
volume of work to be assigned to the successful Respondent. The contract that
will be executed with the successful Respondent will not be an exclusive contract
for the supply of the services described in this RFQ. OCAD University may
contract with other Respondents for the same or similar services as those
described in this RFQ.
13.6
Materials and Copyright
All designs, drawings, sketches, graphic representations, specifications,
computer generated designs, papers, data, reports, plans and other materials
and documents created by the Successful Respondent to carry out the services
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to be performed for OCAD U (the Materials) will be the property of OCAD U and
the Successful Respondent shall not make any use of the same, except with
prior written approval of OCAD U. The Successful Respondent agrees that all
right, title and interest in the Materials prepared for OCAD U will vest in OCAD U
and that OCAD U will have the right to copy such Materials and to use them for
any purpose. The Successful Respondent shall deliver all Materials to OCAD U
after completion of the projects or at termination of the Contract unless otherwise
specified.
13.7
Indemnity
13.7.1
13.7.2
13.8
The Successful Respondent will indemnify and hold harmless, and upon
OCAD U’s request defend OCAD U, its officers, agents, and employees
from any and all losses, expenses, demands, actions, suits, claims or
liabilities of whatsoever nature (including reasonable legal fees and
expenses (Losses) resulting from:

any injury or death to any person or any property damage caused
by the Successful Respondent, its employees, agents or
subcontractors;

any grossly negligent act or omission, or wilful misconduct of the
Successful Respondent in the performance of the Contract
Agreement; or,

The Successful Respondent's failure to comply with applicable law
or any OCAD U policies and procedures;
OCADU will indemnify and hold harmless, and upon the Successful
Respondent's request, defend the Successful Respondent from any and
all Losses resulting from:

any injury or death to any person or any property damage caused
by OCAD U;

any grossly negligent act or omission, or wilful misconduct of
OCAD U in the performance of the Contract Agreement; or,

OCAD U's failure to comply with applicable law or any OCAD U
policies and procedures.
Compliance with Laws, Regulations and Standards
The Successful Respondent shall comply with all applicable federal, provincial,
and municipal laws, regulations, codes, ordinances, policies, directives and
orders, and carry on its business in compliance with the highest professional
standards prevailing in its industry. The Successful Respondent shall be
responsible for providing services in a professional and competent manner by
persons qualified and skilled in their occupations. If any of the services or
deliverables provided are not in accordance with the requirements of the
Contract Agreement, the Successful Respondent shall make the necessary
corrections at its own expense.
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13.9
Insurance
Respondents shall provide OCAD U, by inclusion with their Bid Submission, one
copy of a valid Certificate of Insurance from a financially sound and reputable
insurance company showing that the required liability coverages are in force. At
the sole cost and expense of the Successful Respondent, the insurance policies
must be maintained in full force and effect at all times throughout the term of the
Contract Agreement. Required insurance coverages are as follows:
13.9.1
Comprehensive General Liability insurance in the amount of at least
$5,000,000 (five million) that protects the Successful Respondent and
its employees and agents, from all claims, demands, actions, and
causes of action that may be taken or made against the Successful
Respondent for any loss of or damage to property, or personal injury
including bodily injury or death, that may arise with respect to the
Successful Respondent’s performance of work as set out in the
Agreement. This policy must also include contractual liability, nonowned automobile liability, completed operations coverage as well as a
cross liability clause. This policy must add OCAD University as an
additional insured but only with respect to and during the Successful
Respondent’s performance of its obligations as set out in the Contract
Agreement;
13.9.2
Automobile Liability insurance with limits of not less than $1,000,000
(one million) per occurrence, which must include legal liability for
damage to non-owned automobiles. This policy must provide coverage
for bodily injury or property damage arising out of the ownership, use or
operation of all owned and/ or leased automobiles.
13.9.3
Errors and Omissions Liability insurance with limits of not less than
$1,000,000.00.
13.9.4
These policies must provide OCAD University with thirty (30) days’
notice of cancellation or material change. Certificate(s) of Insurance
evidencing the insurance coverage required in 13.9.1, 13.9.2 and 13.9.3
above, must be submitted within ten (10) days of the contract award.
The insuring company must originally sign the Certificate(s). The
insurance policies must be maintained in full force and effect at all times
throughout the term of the contract.
Note: Certificates of Insurance shall include the RFQ Document number and
name. A copy of OCAD University standard Certificate of Insurance is
available as a fillable form at Appendix H.
13.10 WSIB Clearance
Respondents shall submit with their Bid Submission a valid WSIB Clearance
Certificate. In addition, the Successful Respondent shall from time to time
provide additional WSIB Clearance Certificates for the duration of the Contract
Agreement (each pay draw must be accompanied by WSIB certificate). The
Successful Respondent and each of its subcontractors or consultants shall
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remain in good standing with the WSIB. Failing this, OCAD U shall have the right
to suspend or terminate the Contract Agreement until such time as a valid WSIB
Clearance Certificate is provided.
13.11 Confidential Information
This RFQ and the terms, conditions and pricing contained herein and in a
Respondent’s submission are confidential and shall not be disclosed orally or in
writing by either party without the consent of the other. The Successful
Respondent (if any) acknowledges that all substantive information that may come
into its possession while performing the specified work is confidential unless
otherwise specifically noted and agrees to keep such information in confidence,
having regard to the sensitive nature of the information and the fact that OCAD
U, as a public educational institution, may be held to a higher standard of
confidentiality than a non-educational institution.
13.12 Assignment and Subcontracting
The Successful Respondent shall agree not to assign or subcontract ANY portion
of its rights or obligations under the Contract Agreement without the prior written
consent of OCAD U. The Successful Respondent shall designate in writing to
OCAD U all subcontractors and shall not subsequently change such
subcontractors without OCAD U's prior written approval. This provision shall be
binding on the successors and permitted assigns of the Successful Respondent.
13.13 Accessibility Standards for Customer Service
OCAD University is committed to improving accessibility for its students,
employees, alumni, and others. While part of the impetus for this commitment is
the importance of meeting the requirements of legislation related to people with
disabilities (e.g., the Accessibility for Ontarians with Disabilities Act (AODA),
Ontario Human Rights Code), OCAD University also recognizes that enhancing
accessibility is an opportunity to improve the usability and efficiency of its built
environment, communication systems and procedures for everyone.
(i)
Accessibility Standards for Customer Service
All Respondents of this RFQ must be capable of delivering goods and services
consistent with the Ontario Human Rights Code (OHRC), the Ontarians with
Disabilities Act, 2001 (ODA) and the Accessibility for Ontarians with Disabilities
Act, 2005 (AODA) and its regulations.
In accordance with Ontario Regulation 429/07 made under the Accessibility for
Ontarians with Disabilities Act, 2005, Accessibility for Customer Service, it is
expected that policies and procedures are in place as outlined in the regulation
by January 1, 2012. Furthermore it is expected that the Respondents may be
requested to provide their policies and procedures upon request, to demonstrate
compliance with the regulation. Respondents will be requested to provide their
accessibility plan to ensure compliance with regulation.
Ontario Higher Education institutions must be compliant with the AODA
Accessibility criteria found here: Making Ontario Accessible. This includes, but
not limited to - WCAG 2.0 Accessibility Standard for Information compliance for
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all online content, and accessibility training for all Respondent employed staff
who are working on campus. Accessibility audits will be required throughout the
duration of the implementation.
During the Term of the Agreement, including any extensions, Suppliers shall
comply with any future additions or modifications to legislation as they become
enacted to accessibility standards and regulations. For more information on the
ODA, please visit: Making Ontario Accessible
(ii)
Accessibility and Customer Service
The Suppliers providing services will:
1.
Ensure appropriate employees have completed the following government
computer based self-passed training courses prior to the start of any
work;
AODA (Accessibility for Ontarians with Disabilities Act) customer service training;
2.
3.
Be aware and sensitive to accessibility, disability, diversity and inclusion
issues.
Suppliers are to ensure that training records are maintained; this includes
dates when training is provided, the number of personnel who received
training and individual training records. Suppliers are to ensure that this
information is available to OCAD U any time during the Term of the
Contract.
(iii)
Definitions

Accessibility: a general term used to describe the degree of ease
that something (e.g., device, service, and environment) can be used and
enjoyed by persons with a disability. The term implies conscious planning,
design and/or effort to ensure it is barrier-free to persons with a disability,
and by extension, highly usable and practical for the general population
as well.

Accessible: that which can be easily reached or obtained; a
facility that can be easily entered; posing no obstacles to persons with a
disability.

Barrier-free: a quality or characteristic of environments, policies,
processes or practices that enables the full participation by all members
of society.

Diversity: the presence of a wide range of human qualities and
attributes within a group or an organization. The dimensions of diversity
include, but are not limited to age, gender, race, ethnicity, physical and
intellectual ability, religion, sexual orientation, educational background,
and expertise.

Inclusive: means an environment that accepts, utilizes,
accommodates and appreciates the talents, skills, abilities, perspectives
and leadership styles of all employees and clients, including all aspects of
their diversity.
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14.
SHIPPING INFORMATION
The Successful Respondent may make prior arrangements with the primary OCAD U Project
contact person to have required materials shipped directly to the site at the following address:
OCAD University
Attn: Robert Sage, Building Project Coordinator
230 Richmond St. W
Toronto, ON
M5V 1V3
15.
INVOICES
OCAD University
Facilities Planning & Management
Attn: Robert Sage, Building Project Coordinator
100 McCaul Street
Toronto, ON M5T 1W1
Note that all invoices for this project must reference the number of the Purchase Order issued to
the Contractor for the Project and show a break out of labour and materials for each invoice
submitted for payment.
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APPENDIX A: PROPOSAL SUBMISSION FORM
Full Legal Name of Proponent: Click here to enter text.
____________________________________________________________________________
Please print clearly
Address: Click here to enter text.
Telephone:
Click here to enter text.
Email:
Click here to enter text.
I, the undersigned, declare that I/ we have carefully examined all of the RFQ documents and
Addenda # Click here to enter text. Through # Click here to enter text.
As issued, visited
and investigated the site, and examined all conditions and aspects affecting the Project. I/ we
will complete the Works described in the RFQ within the required completion period given in the
Clause 5.3.4 of the RFQ. I/ we will complete the works as per specifications and drawings
enclosed to this RFQ without any deviations. I/ we understand that you are not bound to accept
the lowest or any bid you receive. I/ we hereby confirm that this bid is valid for 90 days as
required in Clause 8.11 of the RFQ. If notified in writing of the acceptance of this Proposal within
30 (thirty) days of the latest date specified in the RFQ document for receipt of Proposals, I/ we
agree to provide all materials and perform all the services and/ or work shown and described in
the RFQ document.
I have the authority to bind the above named Proponent:
_______________________________________________
Signature
_______________________
Date
__________________________________________________________
Name (please print)
____________________________________________________________________________
Title
End of APPENDIX A
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Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
APPENDIX B: BID BONDS
BID BOND
Standard Construction Document
CCDC 220 - 2002
No.
_
Bond Amount $
_
as Principal, hereinafter called the Principal, and
a corporation created and existing under the laws of and duly
authorized to transact the business of Suretyship in ----------as Surety, hereinafter called the Surety, are held and
firmly bound unto
as Obligee, hereinafter called the Obligee, in the amount of
Dollars
($
) lawful money of
Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, the Principal has submitted a written bid to the Obligee, dated
in the year
_ for
_
day
of
,
The condition of this obligation is such that if the Principal shall have the bid accepted within the time period
prescribed in the Obligee's bid documents, or, if no time period is specified in the Obligee's bid documents,
within (
) days from the closing date as specified in the Obligee's bid
documents, and the Principal enters into a formal contract and gives the specified security, then this obligation
shall be void; otherwise, provided the Obligee takes all reasonable steps to mitigate the amount of such excess
costs, the Principal and the Surety will pay to the Obligee the difference in money between the amount of the bid
of the Principal and the amount for which the Obligee legally contracts with another party to perform the work if
the latter amount be in excess of the former.
The Principal and Surety shall not be liable for a greater sum than the Bond Amount.
It is a condition of this bond that any suit or action must be commenced within seven (7) months of the date of
this Bond.
No right of action shall accrue hereunder to or for the use of any person or corporation other than the Obligee
named herein, or the heirs, executors, administrators or successors of the Obligee.
IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated
_ in the year
_
SIGNED and SEALED
ATTORNEY IN FACT
Principal in the presence of
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
Signature
Name of person signing
Surety
Signature
Name of person signing
Copyright 2002
Canadian Construction Documents Committee
(CCDC 220 -2002 has been approved by the Surety Association of Canada)
Standard Construction Document
End of APPENDIX-B
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
APPENDIX C: BID SUBMISSION FORM
Full Legal Name of Proponent: Click here to enter text.
____________________________________________________________________________
Please print clearly
Address: Click here to enter text.
Telephone:
Click here to enter text.
Email:
Click here to enter text.
I/ we, the Respondent, understand that this Bid Form is submitted in response to this RFQ and
agree to provide the materials and services described in this RFQ and
Addenda # Click here to enter text. Through # Click here to enter text. Inclusive.
It is agreed and understood that the following price will apply to the complete contract
documents. Included in the price is all overheads, profits and statutory charges as applicable
(HST excluded).
Item
1.
Amount in $ (in
word)
Description
Amount in $ (in
figures)
7th floor Work Specified.
Include all work required in order to successfully
implement the work of the project identified in the
specifications and drawings
$________________
11th floor Work Specified.
Include all work required in order to successfully
implement the work of the project identified in the
specifications and drawings
$________________
3.
HST @ 13%
$________________
4.
Total Quoted Bid Price (including HST)
$________________
2.
_______________________________________________
Signature
_______________________
Date
____________________________________________________________________________
Name (please print)
____________________________________________________________________________
Title
End of APPENDIX C
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
APPENDIX D: CONFLICT OF INTEREST DECLARATION
Conflict of Interest related to any Proposal submitted in respect of these RFQ documents
includes the following conditions:

participation of the Proponent in preparation and/ or assistance with a work
statement or specifications used in acquiring any of the goods and/ or services
contemplated in these RFQ Documents;

participation in the evaluation of products or advisory assistance with the goods and/
or services contemplated in thee RFQ Documents; and,

the Proponent shall use best efforts to ensure that any employee, agent or
subcontractor shall not, during the course of performance of its obligations under any
Contract Agreement resulting from its selection and related designation as the
Successful Proponent, engage in any activity or obtain any interest likely to conflict
with or restrict the Proponent in performing its obligations fairly and independently,
and shall immediately notify OCAD University in writing of any conflict or risk of
conflict.
The Proponent hereby warrants that to the best of its knowledge, no Conflict of Interest
exists or is likely to arise in the performance of its obligations under any Contract
Agreement resulting from its selection and related designation as the Successful
Proponent, either by itself or by its employees, agents or any subcontractors.
Proponent Name (please print)
Contact Name (please print)
Contact Title
__________________________________________
Signature
_____________________________
Date
End of APPENDIX D
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
APPENDIX E: SUB-CONTRACTORS & SUPPLIERS
The Respondent proposes that the Subcontractors and Suppliers listed below shall be used to
carry out the Work for the Project. It is agreed that no substitution shall be made without the
express written approval of OCAD University.
The Respondent understands that where it plans on using its own forces for any of section(s) of
the Work, it will indicate such in the spaces provided by inserting its own name.
Use blank lines to enter additional information as required providing a complete list of
Descriptions and providers.
Sub-Trade
Company Name of
Subcontractor
Address of Subcontractor
Mechanical
Electrical
General Labour
Security
AC Technical Systems
2100 Forbes St, Unit 8-10
Whitby, ON L1N 9T3
ProFire Safety Services
#1 - 15 Kenview Blvd
Brampton, ON L6T 5G5
Lock-up Services
2977A Lakeshore Blvd W
Toronto, ON M8V 1J8
Drywall
Data/Voice Cabling
Fire Safety
Flooring
General Carpentry
Painting
Cable Reels
Door Hardware, Locks and
Stops
Other
_______________________________________________
_______________________
Signature
Date
___________________________________________________________________________
Name (please print)
____________________________________________________________________________
Title
End of APPENDIX E
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Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
APPENDIX F: QUALIFICATION INFORMATION
1
1.1
For Individual Bidders
Principal place of business:
1.2
Total value of Construction work
performed in the last
three years (in CA$)
______________________________
2012-2013 ___________________
2013-2014 ___________________
2014-2015 ___________________
1.3
Work performed as prime contractor (in the same name) on projects of a similar nature
over the last five years.
Remarks
Date
Key
explainin
Stipulate Actua
of
Staff/
g
Name of Descrip
Value of
d period l date
Project
Contrac
issue
Role on reasons
Employ
-tion of
contract
of
of
Name
t No.
of
this
for delay
(CA$)
er
work
complecompl
work
assignm and work
tion
e-tion
order
ent
complete
d
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1.4. Resume of the Project Manager with at least 3 years of experience.
1. For Bid From Joint Venture
2.1
In case of bid from joint venture a joint venture agreement or letter of intent form Joint
Venture should be submitted clearly indicating the Lead Partner and that all the member of JV
are jointly and severely responsible.
2.2
(a) The information of 1.1 to 1.3 above should be provided for each of the partner of JV.
(b) With respect of 1.2 & 1.3 above evaluation will be done after adding the figure of each of the
partners.
End of APPENDIX F
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Interior Renovations for Level 7 & 11 of
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APPENDIX G: ACKNOWLEDGEMENT FORM
OCAD University Health & Safety Requirements for Contractors
The following will be regarded as the Contact Person(s) for the Contractor, and the person(s)
responsible for the health and safety performance of all Contractor and Sub-Contractor
employees and the enforcement of these Requirements.
(Please print clearly)
Name: _____________________________________ Title: ___________________________
Mobile phone #:____________________________________
Name: ______________________________________ Title: __________________________
Mobile phone #:____________________________________
OCAD University Health & Safety Requirements have been read and understood by the
Contractor indicated below and shall be followed for the duration of the project.
Contractor or Contact Name: _____________________________________________________
Company Name: ______________________________________________________________
Date: _____________________________ Signature: ________________________________
Note: This form must be completed, signed and included as part of any Bid Submission
received by OCAD University in response to this RFQ document.
End of APPENDIX G
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Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
APPENDIX H: CERTIFICATE OF INSURANCE
OCAD UNIVERSITY CERTIFICATE OF INSURANCE
(To be completed only by the Insurer or its authorized representative)
Contract/Project #
THIS IS TO CERTIFY TO:
OCAD University
100 McCaul Street TORONTO, ONTARIO M5T 1W1
that Policy(ies) of Insurance as herein described have been issued to the Insured named below and are in force at this date.
Insured:
Address:
TYPE OF INSURANCE
POLICY NO.
EFFECTIVE
EXPIRY
LIMIT
DEDUCTIBLE
Commercial General Liability:
Motor Vehicle Liability:
Umbrella Liability:
Professional Liability:
Other:
Non-Owned Automobile
Other:
Other:
Site Location/Description of Work/Agreement to which this certificate applies:
Provisions of amendments or endorsements of listed Commercial General Liability Policy(ies):
1. Commercial General Liability Policy is extended to include Personal Injury Liability, Contractual Liability, Owner's and Contractor's Protective Coverage, Products Completed
Operations, Contingent Employers Liability, Cross-Liability/Severability of Interest, and Non-Owned Automobile Liability.
2. OCAD University, its governors, trustees, officers and employees named as Additional Insured to these policies but only with respect to liability arising out of the operations
of the Named Insured.
3. It is agreed and understood that the deductible or self insured retention (SIR) arranged between the Named Insured and the Insurer, must be declared herein and is
subject to approval by OCAD University's Insurance & Risk Management Services. It is further understood and agreed that claims arising out of the operations of the
above mentioned project which fall within the deductible or SIR limit are the sole responsibility of the Named Insured.
4. If the insurance provided under the said policy(ies) is cancelled or changed to reduce the coverage in a manner as to affect this Memorandum of Insurance, the Insuring
Company will give thirty (30) days written notice in advance, by registered mail of such a cancellation or change to:
OCAD University
100 McCaul Street, Finance Department, Toronto, Ontario M5T 1W1
Attention: Finance Department
5. The Commercial General Liability Policies identified above shall protect each insured in the same manner and to the same extent as though a separate policy has been
issued to each, but nothing shall operate to increase the Limits of Liability as identified above beyond the amount or amounts for which the Company would be liable if
there had been only one Insured.
6. The Commercial General Liability policy(ies) identified above shall apply as primary insurance and not excess to any other insurance available to the Additional
Insured as set out in Item 2
DATE:
NAME, ADDRESS AND TELEPHONE NO. OF INSURANCE COMPANY
CERTIFICATION
I certify that the insurance is in effect as stated in this certificate and that I have authorization to issue this certificate for and on behalf of the insurer(s). This
certificate is valid until the expiration date(s) shown unless notice is given in writing in accordance with item 4.
NAME, ADDRESS AND TELEPHONE NO. OF INSURANCE BROKER
SIGNATURE AND STAMP OF CERTIFYING OFFICIAL
The acceptance of this Certificate by OCAD University does not certify that the limits of liability and terms and conditions of the policy(ies) referred to above meet the specified requirements of
the University nor will the acceptance of this Certificate by the University waive the University's rights of action against the Insured and/or insurer for failure to comply with the terms and
conditions of the agreement to which this certificate applies.
End of APPENDIX H
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Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
APPENDIX I:
ARCHITECTURAL, MECHANICAL,
ELECTRICAL DRAWING AND SPECIFICATIONS
PACKAGE
Drawings and Specifications
(Attached Separately)
End of APPENDIX I
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Interior Renovations for Level 7 & 11 of
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APPENDIX J: PROJECT MANUAL
Project Manual
(Attached Separately)
End of APPENDIX J
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Interior Renovations for Level 7 & 11 of
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APPENDIX K
Supplementary Conditions for the
Stipulated Price Contract – CCDC 2 (2008)
April 02, 2013
Facilities Planning & Management
OCAD University
100 McCaul Street
Toronto, ON M5T 1W1
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Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
The Standard Construction Document for Stipulated Price Contract, 2008 English version,
consisting of the Agreement Between Owner and Contractor, Definitions, and General
Conditions of the Stipulated Price Contract, Parts 1 to 12 inclusive, governing same is hereby
made part of these Contract Documents, with the following amendments, additions and
modifications. Where these amendments, additions, and modifications specifically reference a
change to the Agreement, Definitions, or General Conditions, these amendments, additions and
modifications shall govern.
ARTICLE A-6 — RECEIPT AND ADDRESSES FOR NOTICES IN WRITING
Delete Article A-6.1 and substitute new article 6.1:
6.1
Notices in Writing between the parties or between them and the Consultant shall be
considered to have been received by the addressee on the date of receipt if delivered by hand
or by commercial courier or if sent during normal business hours by fax and addressed as set
out below. Such Notices in Writing will be deemed to be received by the addressee on the next
business day if sent by fax after normal business hours or if sent by overnight commercial
courier. Such Notices in Writing will be deemed to be received by the addressee on the fifth
Working Day following the date of mailing, if sent by prepaid registered post, when addressed
as set out below. An address for a party may be changed by Notice in Writing to the other party
setting out the new address in accordance with this Article.
DEFINITIONS
Add the following definition:
19a. Submittals
Submittals are documents or items required by the Contract Documents to be provided by the
Contractor, such as:
 Shop Drawings, samples, models, mock-ups to indicate details or characteristics,
before the portion of the Work that they represent can be incorporated into the Work;
and,
 As-built drawings and manuals to provide instructions to the operation and
maintenance of the Work.
GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT
PART 1
GENERAL PROVISIONS
Add the following:
Where a General Condition or paragraph of the General Conditions of the Stipulated Price
Contract is deleted by these Supplementary Conditions, the numbering of the remaining
General Conditions or paragraphs shall remain unchanged, and the numbering of the deleted
item will be retained, unused.
GC 1.1
CONTRACT DOCUMENTS
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Interior Renovations for Level 7 & 11 of
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.1
Add to the end of subparagraph 1.1.2.2:
…, except where the Consultant shall be indemnified as a third party beneficiary as provided in
subparagraphs 9.2.7.4, 9.5.3.4 and in 12.1.3.
.2
Add new subparagraph 1.1.7.5:
1.1.7.5 In case of discrepancies, noted materials and annotations shall take precedence over
graphic indications in the Contract Documents.
GC 2.2
ROLE OF THE CONSULTANT
.1
Add at the end of paragraph 2.2.9 "The Owner and the Contractor shall waive any claims
against the Consultant arising out of the making of such interpretations and findings made in
accordance with paragraphs 2.2.7, 2.2.8 and 2.2.9".
.2
Delete the comma after the word "submittals" and add the words "which are provided"
before the words "in accordance" in paragraph 2.2.14.
GC 2.4
.1
DEFECTIVE WORK
Add new subparagraphs 2.4.1.1 and 2.4.1.2:
2.4.1.1 The Contractor shall rectify, in a manner acceptable to the Owner and the Consultant, all
defective work and deficiencies throughout the Work, whether or not they are specifically
identified by the Consultant.
2.4.1.2 The Contractor shall prioritize the correction of any defective work which, in the sole
discretion of the Owner, adversely affects the day to day operation of the Owner.
GC 3.1
.1
CONTROL OF THE WORK
Add new paragraph 3.1.3:
3.1.3 Prior to commencing individual procurement, fabrication and construction activities, the
Contractor shall verify, at the Place of the Work, all relevant measurements and levels
necessary for proper and complete fabrication, assembly and installation of the Work and shall
further carefully compare such field measurements and conditions with the requirements of the
Contract Documents. Where dimensions are not included or contradictions exist, or exact
locations are not apparent, the Contractor shall immediately notify the Consultant in writing and
obtain written instructions from the Consultant before proceeding with any part of the affected
work.
GC 3.4
DOCUMENT REVIEW
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Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
.1
Delete paragraph 3.4.1 in its entirety and substitute new paragraph 3.4.1:
3.4.1 The Contractor shall review the Contract Documents and shall 'report promptly to the
Consultant any error, inconsistency or omission the Contractor may discover. Such review by
the Contractor shall comply with the standard of care described in paragraph 3.14.1 of the
Contract. Except for its obligation to make such review and report the result, the Contractor
does not assume any responsibility to the Owner or to the Consultant for the accuracy of the
Contract Documents. The Contractor shall not be liable for damage or costs resulting from such
errors, inconsistencies, or omissions in the Contract Documents, which the Contractor could not
reasonably have discovered. If the Contractor does discover any error, inconsistency or
omission in the Contract Documents, the Contractor shall not proceed with the work affected
until the Contractor has received corrected or missing information from the Consultant.
GC 3.8
.1
LABOUR AND PRODUCTS
Add new paragraph 3.8.4:
3.8.4 The Contractor is responsible for the safe on-site storage of Products and their
protection (including Products supplied by the Owner and other contractors to be installed under
the Contract) in such ways as to avoid dangerous conditions or contamination to the Products or
other persons or property and in locations at the Place of the Work to the satisfaction of the
Owner and the Consultant. The Owner shall provide all relevant information on the Products to
be supplied by the Owner.
GC 3.10
.1
SHOP DRAWINGS
Add the words "AND OTHER SUBMITTALS" to the Title after SHOP DRAWINGS.
.2
Add "and Submittals" after the words "Shop Drawings" in paragraphs 3.10.1, 3.10.2,
3.10.4, 3.10.7, 3.10.8, 3.10.8.2, 3.10.9, 3.10.10, 3.10.11, and 3.10.12.
.3
Delete 3.10.3 in its entirety and substitute new paragraph 3.10.3:
3.10.3 Prior to the first application for payment, the Contractor and the Consultant shall jointly
prepare a schedule of the dates for submission and return of Shop Drawings and any
Submittals.
.4
In paragraph 3.10.12, delete the words "with reasonable promptness so as to cause no
delay in the performance of the Work" and replace with "within 10 working days or such longer
period as may be reasonably required".
GC 3.14
.1
PERFORMANCE BY CONTRACTOR
Add new General Condition 3.14.1:
3.14.1 In performing its services and obligations under the Contract, the Contractor shall
exercise a standard of care, skill and diligence that would normally be provided by an
experienced and prudent contractor supplying similar services for similar projects. The
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Interior Renovations for Level 7 & 11 of
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Contractor acknowledges and agrees that throughout the Contract, the Contractor's obligations,
duties and responsibilities shall be interpreted in accordance with this standard. The Contractor
shall exercise the same standard of due care and diligence in respect of any Products,
personnel, or procedures which it may recommend to the Owner.
.2
Add new General Condition 3.14.2:
3.14.2 The Contractor further represents, covenants and warrants to the Owner that:
.1
The personnel it assigns to the Project are appropriately experienced;
.2
It has a sufficient staff of qualified and competent personnel to replace its designated
supervisor and project manager, subject to the Owner's approval, in the event of death,
incapacity, removal or resignation.
GC 4.1
.1
CASH ALLOWANCES
Delete paragraph 4.1.4 in its entirety and substitute new paragraph 4.1.4:
4.1.4 Where costs under a cash allowance exceed the amount of the allowance, unexpended
amounts from other cash allowances shall be reallocated at the Consultant's direction to cover
the shortfall.
.2
Delete paragraph 4.1.5 in its entirety and substitute new paragraph 4.1.5:
4.1.5 The net amount of any unexpended cash allowances, after providing for any
reallocations as contemplated in paragraph 4.1.4, shall be deducted from the Contract Price by
Change Order.
.3
Delete paragraph 4.1.7 in its entirety and substitute new paragraph 4.1.7:
4.1.7 At the commencement of the Work, the Contractor shall prepare for the review and
acceptance of the Owner and the Consultant, a schedule indicating the times, within the
construction schedule referred to in GC 3.5, that items called for under cash allowances and
items that are specified to be Owner purchased and Contractor installed or hooked up are
required at the site to avoid delaying the progress of the Work.
.4
Add new paragraph 4.1.8:
4.1.8 The Owner reserves the right to call, or to have the Contractor call, for competitive bids
for portions of the Work, to be paid for from cash allowances.
GC 6.1
.1
OWNER’S RIGHT TO MAKE CHANGES
Add the following new paragraphs and subparagraphs:
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6.1.3 Where a change in the Work involves additions, deletions, or other revisions to the
Work, the Contract Price shall be increased or decreased, as applicable, only by the net actual
value of the change in the Work, including taxes, but excluding Value Added Taxes, plus the
following:
.1
Contractor mark-up for Overhead and Profit on its own work shall be 10%;
.2
Contractor mark-up for Overhead and Profit on Subcontractor work shall be 5%;
.3
Subcontractor mark-up for Overhead and Profit on its own work shall be 10%;
.4
If a Subcontractor retains another Subcontractor (sub-subcontractor), no additional
mark-up shall be charged to the Owner for the sub-subcontract work.
6.1.4 Costs for the following items shall be considered to be included in the allowance for
overhead:
.1
Contractor’s head office expenses;
.2
wages of project managers, superintendents, assistants, watchpersons and
administrative personnel;
.3
temporary site office, including costs for telephone and/or facsimile machine;
.4
small tools (valued at less than $2,000.00)
.5
insurance and/or bonding premiums;
.6
.7
record drawings (per Owner’s CAD layering standard);
clean-up and disposal of waste materials.
6.1.5 Overhead and profit may not be charged on changes in the Work where there is a net
decrease to the Contract Price.
6.1.6 The Owner reserves the right to call, or to have the Contractor call, for competitive bids
for portions of the Work not covered under the Contract Price.
GC 6.4
.1
CONCEALED OR UNKNOWN CONDITIONS
Add new subparagraph 6.4.5:
6.4.5 The Contractor confirms that, prior to bidding the Project, it carefully investigated the
Place of the Work and applied to that investigation the degree of care and skill described in
paragraph 3.14.1, given the amount of time provided between the issue of the bid documents
and the actual closing of bids, the degree of access provided to the Contractor prior to
submission of bid, and the sufficiency and completeness of the information provided by the
Owner. The Contractor is not entitled to compensation or to an extension of the Contract Time
for conditions which could reasonably have been ascertained by the Contractor by such careful
investigation undertaken prior to the submission of the bid.
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GC 6.5
DELAYS
.1
Delete the period at the end of paragraph 6.5.1, and substitute the following words:
"..., but excluding any consequential, indirect or special damages."
.2
Add new subparagraph 6.5.6:
6.5.6 If the Contractor is delayed in the performance of the Work by an act or omission of the
Contractor or anyone employed or engaged by the Contractor directly or indirectly, or by any
cause within the Contractor's control, then the Contract Time shall be extended for such
reasonable time as the Consultant may decide in consultation with the Contractor. The Owner
shall be reimbursed by the Contractor for all reasonable costs incurred by the Owner as the
result of such delay, including all services required by the Owner from the Consultant as a result
of such delay by the Contractor and, in particular, the cost of the Consultant's services during
the period between the date of Substantial Performance of the Work stated in Article A-1 herein
as the same may be extended through the provisions of these General Conditions and any later,
actual date of Substantial Performance of the Work achieved by the Contractor.
GC 6.6
CLAIMS FOR A CHANGE IN CONTRACT PRICE
.1
Add the words "as noted in paragraph 6.6.3" after the words "of the claim" in paragraph
6.6.5 and add the words "and the Consultant", at the end of paragraph 6.6.5.
GC 8.2
.1
NEGOTIATION, MEDIATION AND ARBITRATION
Add the following new paragraphs 8.2.9, 8.2.10, 8.2.11, 8.2.12., 8.2.13, and 8.2.14:
8.2.9 Within five days of receipt of the notice of arbitration by the responding party under
paragraph 8.2.6, the Owner and the Contractor shall give the Consultant a written notice
containing:
a) a copy of the notice of arbitration;
b) a copy of supplementary conditions 8.2.9 to 8.2.14 of this Contract; and;
c) any claims or issues which the Contractor or the Owner, as the case may be, wishes to raise
in relation to the Consultant arising out of the issues in dispute in the arbitration.
8.2.10 The Owner and the Contractor agree that the Consultant may elect, within ten days of
receipt of the notice under paragraph 8.2.9, to become a full party to the arbitration under
paragraph 8.2.6 if the Consultant:
a) has a vested or contingent financial interest in the outcome of the arbitration;
b) gives the notice of election to the Owner and the Contractor before the arbitrator is
appointed;
c) agrees to be a party to the arbitration within the meaning of the rules referred to in paragraph
8.2.6; and,
d) agrees to be bound by the arbitral award made in the arbitration.
8.2.11 If an election is made under paragraph 8.2.10, the Consultant may participate in the
appointment of the arbitrator and, notwithstanding the rules referred to in paragraph 8.2.6, the
time period for reaching agreement on the appointment of the arbitrator shall begin to run from
the date the respondent receives a copy of the notice of arbitration.
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
8.2.12 The arbitrator in the arbitration in which the Consultant has elected under paragraph
8.2.10 to become a full party may:
a) on application of the Owner or the Contractor, determine whether the Consultant has
satisfied the requirements of paragraph 8.2.10; and,
b) make any procedural order considered necessary to facilitate the addition of the Consultant
as a party to the arbitration.
8.2.13 The provisions of paragraph 8.2.9 shall apply mutatis mutandis to written notice to be
given by the Consultant to any sub-consultant.
8.2.14 In the event of notice of arbitration given by the Consultant to a sub-consultant, the subconsultant is not entitled to any election with respect to the proceeding as outlined in 8.2.10, and
is deemed to be bound by the arbitration proceeding.
GC 9.1
.1
PROTECTION OF WORK AND PROPERTY
Delete subparagraph 9.1.1.1 in its entirety and substitute new subparagraph 9.1.1.1:
9.1.1.1 errors in the Contract Documents which the Contractor could not have discovered
applying the standard of care described in paragraph 3.14.1;
.2
Delete paragraph 9.1.2 in its entirety and substitute the following new paragraph 9.1.2:
9.1.2 Before commencing any Work, the Contractor shall determine the locations of all
underground utilities and structures indicated in the Contract Documents, or that are
discoverable by applying to an inspection of the Place of the Work the degree of care and skill
described in paragraph 3.14.1.
GC 9.2
TOXIC AND HAZARDOUS SUBSTANCES
.1
Add to paragraph 9.2.6 after the word "responsible", the following new words:
“…or whether any toxic or hazardous substances or materials already at the Place of the Work
(and which were then harmless or stored, contained or otherwise dealt with in accordance with
legal and regulatory requirements) were dealt with by the Contractor or anyone for whom the
Contractor is responsible in a manner which does not comply with legal and regulatory
requirements, or which threatens human health and safety or the environment, or material
damage to the property of the Owner or others.”
.2
Add "and the Consultant" after the word "Contractor" in subparagraph 9.2.7.4.
.3
Add to paragraph 9.2.8 after the word "responsible", the following new words:
“…or that any toxic or hazardous substances or materials already at the Place of the Work (and
which were then harmless or stored, contained or otherwise dealt with in accordance with legal
and regulatory requirements) were dealt with by the Contractor or anyone for whom the
Contractor is responsible in a manner which does not comply with legal and regulatory
requirements, or which threatens human health and safety or the environment, or material
damage to the property of the Owner or others.”
GC 9.5
MOULD
Facilities Planning & Management
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Request for Quotation RFQ # 2015-101
Interior Renovations for Level 7 & 11 of
230 Richmond St W, Toronto, ON M5V 1V3
.1
Add "and the Consultant" after "Contractor in subparagraph 9.5.3.4.
GC 10.2
LAWS, NOTICES, PERMITS, AND FEES
.1
Delete from the first line of paragraph 10.2.5 the word, "The" and substitute the words:
"Subject to paragraph 3.14.1, the…".
GC 12.1
.1
INDEMNIFICATION
Add new clause 12.1.1.3:
12.1.1.3
The Contractor shall indemnify and hold harmless the Consultant, its agents and
employees from and against claims, demands, losses, costs, damages, actions, suits, or
proceedings by third parties that arise out of, or are attributable to, the Contractor's performance
of the Contract, provided such claims are attributable to bodily injury, sickness, disease, or
death, or to injury to or destruction of tangible property, and caused by negligent acts or
omissions of the Contractor or anyone for whose acts the Contractor may be liable, and made in
writing within a period of 6 years from the date of Substantial Performance of the Work as set
out in the certificate of Substantial Performance of the Work, or within such shorter such period
as may be prescribed by any limitation statute or the province or territory of the Place of Work.
GC 12.3
WARRANTY
.1
Delete from the first line of paragraph 12.3.2 the word, "The" and substitute the words:
"Subject to paragraph 3.14.1, the...".
Facilities Planning & Management
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