table of contents...table of contents tender call no. 21-2016 contract no. 16tm-03tp ts linear...

Table of Contents Tender Call No. 21-2016 Contract No. 16TM-03TP

TS Linear Standard V5.12 (PMMD V5.12) November 4, 2015

Number of Pages

Page No.

Section 1 – Tender Process Terms and Conditions 11

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

Section 2 – Information for Bidders 7

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

Optional Site Meetings 2-2 3. Deadline for Questions 2-2 4. Fair Wage Schedule Information 2-2 5. Payment and Discount Terms 2-2 6. Instructions for Section 3 Tender Submission Package 2-2

6.1 Mandatory Bid Submission Requirements 2-2

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Number of Pages

Page No.

A. Tender Call Cover Page 2-3 B. Bid Bond 2-3 C. City Policies Submission Form 2-3 D. Pricing Form 2-3

6.2 Mandatory Submission Requirements Prior to Award 2-4 A. Statutory Declaration Form for the Occupational

Health and Safety 2-4

B. List of Subcontractors Form 2-4 C. Corporate Profile Report 2-5

7. Electrical Items 2-5 A. Electrical Traffic Control Devices 2-5 B. Electrical Management Devices 2-6

Section 3 – Tender Submission Package

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

Safety 3 3-3

3. City Policies Submission Form 1 3-6 4. List of Subcontractors Form 1 3-7 5. Pricing Form 4 3-8

Section 4 – Scope of Work 1 4-1

Section 4A – Special Specifications 21 4A-1

Section 5 – General Conditions of Contract 62 5-1

Section 5A – Specific Conditions of Contract 17 5A-1

Schedule A – Schedule of Prices for Extra Work 6 A-1

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Number of Pages

Page No.

Section 6 – Contract Execution Package

1. Form of Agreement 7 6-2 2. Performance Bond 2 6-9 3. Payment Bond 5 6-11 4. WSIB & Tax Statutory Declaration Form 1 6-16 5. Insurance Certificate 2 6-17 6. Declaration of Compliance with Anti-harassment /

Discrimination Legislation & City Policy Form 1 6-19

7. Supplementary Statutory Declaration Form for Occupational Health and Safety 2 6-20

Section 7 – City Policies

1. City of Toronto Accessible Customer Service Training Requirements 1 7-2

2. Notice of "No Bid" Form 1 3. Chapter 67 Schedule A – Fair Wage Policy 5 4. Chapter 67 Schedule B – Labour Trades Contractual

Obligations in the Construction Industry 2

5. Applicable Chapter 67 Schedule C – Fair Wage 6. Right to Reject Debtors and Set-off Policy 6 7. Policy on the Restrictions on the Hiring and Use of Former

City of Toronto Management Employees for City Contracts 2

8. Toronto Licensing Requirements 1 9. Chapter 517 – Idling Vehicles and Boats 3 10. Tree Protection Policy and Specifications for Construction

Near Trees 18

11. Project Information Signs 1 12. OntarioProvincial Standard Drawings & Municipal Standard

Drawings 6

13. Tactile Walking Surface Indicator 5 14. Detail of Sidewalk Stamp 1 15. Speed Hump Profile & Speed Humps Drawing 2 16. Zebra Marking Drawing & Pedestrian X’Over Standard Cond. 2 17. Compression Moulded Recycled Rubber Speed Bump

Drawing 1

18. Typical Signing Configuration for Speed Bumps 1 19. Speed Bumps in Public Lanes – Typical Bump Design 1 20. Catch Basin indicator Arrow Marking 1 21. Environmentally Responsible Procurement Statement 1 22. Contractor Performance Evaluation Form 1

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Section 1 – Tender Process Terms and Conditions Tender Call No. 21-2016 Contract No. 16TM-03TP

TS Linear Standard V5.12 (PMMD V5.12) November 4, 2015 Page 1-1

1. Definitions

Throughout this Tender Call, unless inconsistent with the subject matter or context, “Addenda” or “Addendum” means a document containing additional information or changes to the Tender Call issued by the City prior to the Closing Date; "Affiliate" means an affiliated body corporate as defined in the Business Corporations Act, R.S.O. 1990, c. B.16 as amended; “Bid” means an offer submitted by a Bidder in response to a Tender Call, which includes all of the documentation necessary to satisfy the submission requirements of the Tender Call and “Bids” shall have a corresponding meaning; “Bidder” means a legal entity, being a person, partnership or firm that submits a Bid in response to a formal Tender Call and “Bidders” shall have a corresponding meaning; “Buyer” means the main contact person at the City for all matters related to the Tender Call process, as set out on the Tender Call Cover Page; “Chief Purchasing Official” means the person holding the position of Director of Purchasing and Materials Management whose responsibility it is to supervise and carry out the procurement function on behalf of the City and includes his or her designate; “City” means the City of Toronto; “Closing Date” means the specified deadline for Bids to be submitted to the City as indicated on the Tender Call Cover Page and any subsequent Addenda; “Conflict of Interest” includes, but is not limited to, any situation or circumstance where: a) in relation to the Tender Call process, the Bidder has an unfair advantage or

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

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

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

“Contract” means the Contract Execution Package duly executed by the Successful Bidder and the City with respect to the Work contemplated by this Tender Call, and shall be deemed to include all terms and conditions set out in this Tender Call;

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“Contract Administrator” means the main contact person at the City for all matters relating to the project. The reference to “Project Manager” means the same; “Contractor” means the Successful Bidder of the Tender Call with whom the City enters into a Contract with to perform the Work; “Council” means City Council; “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act R.S.O. 1990, Chapter M.56, as amended, or any successor or replacement legislation “Subcontractor” means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor; “Successful Bidder” means the Bidder that has been selected to perform the Work. “Tender Call” means this Tender Call package in its entirety, inclusive of all appendices and Addenda/Addendum that may be issued by the City. “Work” means all services and deliverables to be provided by a Contractor as described in this Tender Call.

2. Bidder’s Responsibility

It shall be the responsibility of each Bidder:

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

b) to examine all the components of this Tender Call, including all appendices, forms and addenda;

c) to become familiar and comply with all of the terms and conditions contained in

this Tender Call and the City’s Policies and Legislation set out on the City of Toronto website at: www.toronto.ca/calldocuments/policy.htm

The failure of any Bidder to acquire, receive or examine any document, form, addendum, or policy shall not relieve the Bidder of any obligation with respect to its Bid or any purchase order issued based on its Bid.

3. Tender Submission Package

To submit a valid Bid, Bidders must complete, in ink, all the applicable forms in Section 3, and complete, sign and seal the Tender Call Cover Page. As a means of facilitating the announcement of the Bid amounts, the Bidder is to complete the Tender Call Cover Page, including filling in the “Amount of Tender Call” in the space provided. This insertion is to facilitate the conduct of the Tender Call opening

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meeting only. For Lump Sum Tenders, in the event of any discrepancy between the information so inserted on the front cover and the amount set out in the Pricing Form in Section 3, the Pricing Form total shall govern. For Unit Price Tenders, where any discrepancy exists between the total price and the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

4. Bid Bond

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

5. Site Meetings Mandatory Site Meetings

If a mandatory site meeting has been indicated in the Tender Call, then interested Bidders MUST attend the site meeting to familiarize themselves with the project and ascertain the full extent of the work required. Bidders must sign in with the City’s Representative at the Mandatory Site Meeting during the designated date and time for their Bid to be considered. Bids submitted by Bidders that do not attend the mandatory site meeting SHALL be declared non-compliant. Optional Site meetings If a mandatory site meeting is not required, interested Bidders may be invited to attend an optional site meeting as indicated on the Tender Call Cover Sheet to familiarize themselves with the project and ascertain the full extent of the work required. Any information available at the optional site meeting will be issued by an Addenda to the list of Bidders who purchased the Tender from the City.

6. Fair Wage Policy

The Bidder agrees to abide by the Fair Wage Policy as found in Section 7 – City Policies and pay its workers the appropriate wage as set out in the applicable Fair Wage Schedules. The Fair Wage Schedule that is applicable to this Tender Call is set out in Section 2 – Information for Bidders. As per the Fair Wage Policy, in the case of a jurisdictional dispute or disputes as to rate of wages to be paid under the Contract or to the amount to be paid to any worker, the decision of the Manager, Fair Wage Office, shall be final and binding upon all parties. Failure to comply with the Fair Wage Policy, or being in violation of the Fair Wage Policy without paying restitution as set out in the Fair Wage Policy (Chapter 67 – Fair Wage –

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Schedule A Fair Wage Policy § 67-A8D) may result in the Bid being declared non-compliant.

7. Questions

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

8. Addenda

The City reserves the right to revise this Tender Call up to the Closing Date, including extension of the Closing Date. Any such revisions will be made by way of Addenda. Addenda will be faxed or emailed to the Tender Call pick up log. All Bidders must comply with and acknowledge all addenda in their Bid. Failure to acknowledge receipt of Addenda on the Tender Call Cover Page SHALL result in the rejection of the Bid.

9. Omissions, Discrepancies and Interpretations

A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the Tender Call documentation or who is in doubt as to the meaning or has a dispute respecting any part of the Tender Call should notify the Buyer in writing not later than three (3) working days before the Closing Date. If the City considers that a correction, explanation or interpretation is necessary or desirable, the City will issue an Addendum as described in the article above titled Addenda. The decision and interpretation of the City respecting any such disputes shall be final and binding, from which there is no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions of the Tender Call documents.

10. Incurred Costs

The City will not be liable for, nor reimburse, any potential Bidder or Bidders, as the case may be, for costs incurred in the preparation and submission of any Bid. The rejection or non-acceptance of any or all Bids shall not render the City liable for any costs or damages to any Bidder that submits a Bid.

11. Post-Submission Adjustments

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

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

12. Withdrawal of Bids

A) Prior to Submission Deadline

A Bid may be withdrawn at any time prior to the submission deadline by delivery to the City of Toronto Purchasing and Materials Management Division at the address therein specified of a written notice to that effect under the Bidder's duly attested corporate seal (or if the Bidder possesses no corporate seal, accompanied by a sworn statement establishing that the signatory of the notice has authority to bind the Bidder), which notice shall identify the contract Bidder and, if more than one Bid has been submitted by that Bidder, the Bid(s) to be withdrawn, on the basis that the Bid material for any Bid so withdrawn shall be returned to the Bidder as soon after the opening of all Bids as is convenient for the City of Toronto Purchasing and Materials Management Division.

13. Irrevocability

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

14. No Collusion or Unethical Conduct No Bidder may discuss or communicate about, directly or indirectly, the preparation or content of its Bid with any other Bidder or the agent or representative of any other Bidder or prospective Bidder. If the City discovers there has been a breach at any time, the City reserves the right to disqualify the Bid or terminate any ensuing contract. By submitting a Bid in response to this Tender Call, the Bidder certifies that: a) the prices in the Bid have been arrived at independently of those of any other

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

not knowingly be disclosed by the Bidder prior to the award, directly or indirectly, to any other Bidder or competitor; and

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

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

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

16. Acceptance of Bids

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

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

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

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

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

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

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

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

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

H. If, in the opinion of the City, any Bidder has underestimated the value of the

goods and/or services to be provided as reflected in its submitted price/fee, the City may reject its Bid as unbalanced (i.e., not representative of the scope of the goods and/or services). The City may reject a bid if it determines, in its sole discretion, that the bid is materially unbalanced.

A bid is materially unbalanced when:

(1) it is based on prices which are significantly less than cost for some items of work

and prices which are significantly overstated in relation to cost for other items of work; and

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

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

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

IRREGULARITY ACTION

Late Response Automatic rejection and not read publicly.

Unsealed Envelopes Automatic rejection Insufficient Financial Security (No deposit or Bid Bond or insufficient deposit or Bid Bond).

Automatic rejection

Response not completed in non-erasable medium and signed in ink

Automatic rejection

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

Qualified Response (qualified or restricted by an attached statement unless allowed for).

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

Response received on documents other than those provided by the City

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

Execution of Bid Bonds (Financial Security) Corporate seal or signature of the bidder

missing. Two (2) business days to correct

Both corporate seal and signature of the bidder missing.

Automatic rejection.

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IRREGULARITY ACTION

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

Automatic rejection.

Other Bid Security - Uncertified Cheques Automatic rejection. Documents – Execution:

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

Erasures, Overwriting or Strike-Outs which are not Initialed:

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

Two (2) business days to initial.

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

Two (2) business days to initial

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

Automatic Rejection

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

18. Execute Contract

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

execute three (3) original copies of the Form of Agreement; obtain and furnish three (3) original copies of a Performance Bond and a

Payment Bond all signed and sealed by itself and its surety; arrange for two (2) original copies of the City's form of insurance certificate to be

completed and signed (including stamp of insurance broker) as required; complete and sign the City's WSIB & Tax Statutory Declaration Form; complete the Declaration of Compliance with Anti-Harassment/Discrimination

Legislation & City Policy Form; and complete and sign the Supplementary Statutory Declaration if required.

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

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19. Failure or Default of Bidder

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

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

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

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

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

20. Currency

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

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

22. Mathematical Errors

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

23. Conflicts of Interest/Unfair Advantage

In its Bid, the Bidder must disclose to the City any potential conflict of interest that might compromise the performance of the work or which might reasonably compromise or provide the Bidder an unfair advantage in the bidding process. If such a conflict of interest does exist, the City may, at its discretion, refuse to consider the Bid. The Bidder must also disclose whether it is aware of any City employee, Council member or member of a City agency, board or commission or employee thereof having a financial interest in the Bidder and the nature of that interest. If such an interest exists or arises prior to the award on any contract, the City may, at its discretion, refuse to consider the Bid or withhold the awarding of any contract to the Bidder until the matter is resolved to the City’s sole satisfaction. Bidders are cautioned that the acceptance of their Bid may preclude them from participating as a Bidder in subsequent projects where a conflict of interest may arise. The Bidder for this project may participate in subsequent/other City projects provided the

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Bidder has satisfied pre-qualification requirements of the City, if any, and in the opinion of the City, no conflict of interest would adversely affect the performance and successful completion of an agreement by the Bidder.

24. Ownership and Confidentiality of City-Provided Data

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

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

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

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

25. Ownership and Disclosure of Bid Documentation

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

a) shall become the property of the City;

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

26. Intellectual Property Rights

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

27. Governing Law

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

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

The City may reject a Bid or Bidder if the City: 1. confirms that the Bidder or any individual that owns, directs, or controls the Bidder

has been charged with or convicted of an offence under the Criminal Code, an offence as defined in the Provincial Offences Act, or an offence pursuant to similar laws outside of Ontario;

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

3. determines that, in light of this charge or conviction, awarding to that Bidder could

compromise the delivery of the goods or services or would otherwise undermine the business reputation of the City or the public's confidence in the integrity of the call process.

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Section 2 – Information for Bidders Tender Call No. 21-2016 Contract No. 16TM-03TP


1. General Information

Section 1 – Tender Process Terms and Conditions sets out the terms and conditions that will be used during the process of the Tender Call. Each Bidder should review the terms and conditions to understand the rules related to the Tender Call process.

Section 2 – Information for Bidders contains general information and instructions for Bidders in relation to filling out this Tender Call.

Section 3 – Tender Submission Package contains the forms that must be filled out and returned to form a complete bid. Please see below for instructions.

Section 4 – Scope of Work contains the scope of work for the Tender Call, the specifications that must be abided by for the Tender Call and any related drawings to understanding the work required. Bidders should review this section in detail to fully understand what the Bidder is bidding on.

Section 4A – Special Specifications contains special requirements for the Work. Please refer to GC 1.04 in Section 5 – General Conditions of Contract for the definition of 'Special Specification'. Section 5 – General Conditions of Contract contain the City of Toronto’s general conditions of Contract that set out the responsibilities of the Contractor and the City. This forms part of the Contract that will be awarded to the lowest compliant Bidder. The Bidder should review these terms to understand the Contract being entered into with the City.

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

Section 6 – Contract Execution Package contains examples of the Contract, Performance/Payment Bonds, Insurance Certificate and various Statutory Declarations that will be completed by the winning Bidder after the award and notification by the City is made. These forms do not have to be submitted for the Bid to be valid. Please see Section 1, Clause 18 for additional information on the execution of the Contract.

Section 7 – City Policies contains specific City Policies related to the Tender Call. It is the responsibility of the Bidder to review all of the City’s Policies related to the Tender Call located in Section 7 and as found on the City’s website at www.toronto.ca/calldocuments/policy.htm Commencing October 1, 2013 all Tender call documents will contain a copy of the Contractor Performance Evaluation Form in Section 7. The Form helps to summarize and quantify performance. It provides guidance to City staff on creating and maintaining an evaluative record of a Contractor's performance on City projects for the purpose of contract management and future purchasing decisions. If you have any questions about this process, please do not hesitate to forward your questions via email to [email protected]

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2. Mandatory Site Meeting

Not Required Optional Site Meeting

Not Required

3. Deadline for Questions

All questions concerning this Tender Call should be directed in writing to the Buyer indicated on the Tender Call Cover Page. The last day for questions with respect to this Tender Call is three (3) working days before closing time and date.

4. Fair Wage Schedule Information

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

“INDUSTRIAL, COMMERCIAL, INSTITUTIONAL

(I.C.I.) WORK”

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

http://www.toronto.ca/fairwage/index.htm

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

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

5. Payment and Discount Terms

Not Applicable

6. Instructions for Section 3 Tender Submission Package

6.1 Mandatory Bid Submission Requirements

The following must be completed in its entirety and submitted with your Bid at the time of closing. Failure to submit SHALL result in the Bid being rejected as non-compliant.

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A. Tender Call Cover Page

Bidder must fill in all information as requested in ink. Remember to have the cover signed and sealed by an authorized signing officer, if a corporation. If not a corporation, have the cover signed by an authorized signing officer.

Remember to indicate the receipt of all addenda.

B. Bid Bond

Every bidder shall submit with their Bid a Bid Bond in the amount of 10% of Total Bid Price to provide a Performance Bond and a Labour and Material Bond for the due and proper performance of the work, each in the amount of 50% of the contract amount including an extended 36 month warranty period. The Bonds will be issued by a licensed surety company authorized to transact business in the Province of Ontario and shall be maintained in good standing until the fulfilment of the contract. The bonds shall be in accordance with the City's standard form attached to this document.

Failure of a Bidder to submit a fully completed Bid Bond, in the form enclosed in the Tender Submission Package, SHALL result in the Bid being rejected as non-compliant. Should the Bidder fail or refuse to execute the Agreement within ten (10) working days after being requested by the City, it will be considered that the Bidder has abandoned all rights and interests in the award and the City will call on the Bid Bond.

C. City Policies Submission Form

The Policy Submission Form contains three (3) statements from different City of Toronto Policies. The complete text of these policies can be found on the City’s website (www.toronto.ca/calldocuments/policy.htm). The Bidder shall answer the questions posed and include the submission form with the completed Tender Submission Package.

D. Pricing Form

All instructions to fill out the Pricing Form can be found on the first page of the Pricing Form in Section 3. In the event of any discrepancy between the information provided on the Tender Call Cover Page and the amount set out in the Pricing Form, the Pricing Form shall govern. In the event of any discrepancy between the total price and the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

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6.2 Mandatory Submission Requirements Prior to Award

The Bidder must submit the following documents within 5 working days upon being contacted by the City. Failure to submit the documents within this time limit will result in disqualification of the Bid. A. Statutory Declaration for the Occupational Health and Safety Act

It is the Bidder’s responsibility as "Constructor" under the provisions of the Occupational Health and Safety Act of Ontario, R.S.O. 1990, c. O.1, as may be amended (hereinafter “OHSA”), to co-ordinate the activities of all employees and workers under the Bidder’s control operating within the Contract limits to ensure that the requirements of the OHSA are satisfied. To that end, the Bidder must complete the Statutory Declaration found in Section 3 indicating whether they comply with the OHSA. This Statutory Declaration must be signed and declared before a Commissioner of Oaths. The Statutory Declaration states that:

i) the Bidder and all Subcontractors have in place safety programs according to the requirements of the OHSA;

ii) all employees of the Bidder and Subcontractors have received training in occupational safety in accordance with the requirements of the OHSA; and

iii) a representative of the Bidder, whom he shall designate and name in the required Statutory Declaration, with responsibility for supervising the Contract's implementation is qualified as a "Competent Person" as defined in the OHSA.

In the case where the Bidder has indicated "HAVE NOT" in either or both of sub-clauses 3(a) or 3(b) of the Statutory Declaration submitted with its Bid and has been awarded the Contract, the Bidder will be required to submit a Supplementary Statutory Declaration after award of the Contract in the form provided in Section 6 entitled “Supplementary Statutory Declaration” to the effect that the requisite training and programmes are in place. The Bidder will bear full responsibility for all consequences, financial or otherwise, of any failure or delay by the Bidder in submitting the Supplementary Statutory Declaration.

B. List of Subcontractors Form

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

21 of 228



The Contractor will not be permitted to change any named Subcontractor without the written approval of the Contract Administrator. Any request for changing a named Subcontractor must be submitted in writing. The Contractor acknowledges that upon receipt of such a request by the City, the review and approval process could take a time to complete. Any delay in the commencement of the Work or in the performance of the Work or in the Contractor’s performance of its obligations under the Contract related to or arising from the City’s consideration of the Contractor’s request for a Subcontractor change shall be solely borne by the Contractor.

C. Corporate Profile Report Upon request the Contractor will be required to provide a copy of the Contractor's and/or any of the Contractor's affiliated/related legal entities' Corporate Profile Report(s) (Ontario), or equivalent official record issued by the appropriate government authority.

The City also reserves the right to require the Contractor to provide a copy of the Corporate Profile Report or equivalent official record for all of the Contractor's affiliated or related legal entities.

The Corporate Profile Report(s) must have been issued not more than ten (10) working days prior to the date that the City requests the report. The City reserves the right to confirm the accuracy of the information contained in the Corporate Profile Report, and to require additional information from the contractor as necessary. In the event that a request for a Corporate Profile Report or equivalent official record cannot be processed by the appropriate government office within five (5) working days of the City contacting the contractor, the contractor must provide proof that the request has been made and provide an indication as to when the information is expected to be received. The City may refuse to award a contract to any contractor, including the lowest bidder, where the requested information has not been received within five (5) working days of the City contacting the contractor.

7. Electrical Items

Only pre-qualified electrical contractors approved per Request tor Pre-qualification No. 1201-14-5054 are eligible to perform the following categories of electrical work on this Contract.

A. Electrical Traffic Control Devices

Work in this area may include the laying and placement of duct, installation and removal of electrical hand wells and electrical maintenance holes, installation and removal of pole and traffic signal controller footings, installation of ground rods and ground plates, installation and removal of traffic poles, installation and removal of traffic signal controller cabinets, installation and removal of traffic cable, installation of vehicle detector loops, installation of electrical services, and installation and removal of traffic signal, pedestrian crossover and flashing beacon hardware and accessories.

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The following are the pre-qualified contractors for electrical traffic control device works:

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

B. Electrical Management Devices

Work in this area may include the laying and placement of duct, installation and removal of electrical handwells and electrical maintenance holes, installation and removal of power and communication cables, installation of multi-strand single mode/multi mode fibre optic communication cables, installation and modification of CCTV cameras, changeable message signs, digital/analog data/control video/audio communication networks, installation of vehicle detector loops and installation of electrical services.

The following are the pre-qualified electrical contractors for electrical management device works:

AGI Traffic Technology Inc. Black & McDonald Limited Guild Electric Limited Weinmann Limited.

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Section 3 – Tender Submission Package Bid Bond

Tender Call No. 21-2016 Contract No. 16TM-03TP


BOND NO:

KNOW ALL MEN BY THESE PRESENTS that we

herein called the "Principal"

- and -

herein called the "Surety"

are jointly and severally held and firmly bound unto the City of Toronto, hereinafter called the "City", each, in the penal sum of

10% of Total Bid Price

of lawful money of Canada, to be paid to the City or to its successors or assigns for which payment well and truly to be made, we jointly and severally bind ourselves, our and each of our several and respective executors, administrators, successors and assigns and every of them forever firmly by these presents.

SEALED with our several and respective seals.

DATED this day of 20

WHEREAS the said Principal is herewith submitting to the City its Tender for

TENDER CALL NO. 21-2016 CONTRACT NO. 16TM-03TP

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

24 of 228

Section 3 – Tender Submission Package Bid Bond



NOW the condition of this obligation is such that if, on acceptance of the Tender of the aforesaid Principal in accordance with the terms and conditions of said Tender within 90 days from the closing date of the Tender, the said Principal shall, within the time required, enter into a formal contract and give good and sufficient bonds required by the said Tender to secure

(i) the performance of the terms and conditions of the contract, and

(ii) payment for certain labour and materials,

both in the forms required by the City then this obligation shall be void; otherwise the Principal and Surety will pay unto the City the difference in money between the total amount of the Tender of the said Principal and the sums of the amount for which the City legally contracts with another party to perform the work and for which the City of Toronto may expend or for which it may become liable by reason of such default or failure, including the cost of any advertisement for new Tenders if the latter sums of the amount be in excess of the former; but in no event shall the Surety's liability exceed the penal sum hereof.

AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable as Principal and that nothing of any kind or matter whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law or usage relating to the liability of Sureties to the contrary notwithstanding.

SEALED AND DELIVERED )

in the presence of )

)

) Principal

)

)

)

) Surety

25 of 228

Section 3 – Tender Submission Package Statutory Declaration Form for Occupational Health and Safety



DOMINION OF CANADA } IN THE MATTER of a proposed Contract for } PROVINCE OF ONTARIO } } JUDICIAL DISTRICT } } OF YORK; } } TO WIT: }

as hereinbefore described on the first page of the TENDER CALL.

I/we

of the city / town / village of

in the province of do solemnly declare as follows:

IF AN INDIVIDUAL STRIKE OUT "OF"

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

(State Firm Name)

the Bidder herein.

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

I am the Bidder herein and I carry on business at

under the name of and (State Firm Name)

there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THE FOLLOWING PARAGRAPH

We are the Bidders herein and we carry on business at

in partnership,

under the name of and (State Firm Name)

we are the only members of such partnership.

Standard

26 of 228




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

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

a) HAVE/HAVE NOT YET ** conducted training for all personnel to be involved in providing such goods and services as required by the OHSA and all regulations thereunder, including those with respect to the workplace hazardous materials information system, industrial establishments, construction projects and designated substances.

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

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

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

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

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

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

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

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

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

____________________________________________

A Commissioner, etc.

28 of 228

Section 3 – Tender Submission Package City Policies Submission Form



Policy to Exclude Bids from External Parties Involved in the Preparation or Development of a Specific Call/Request

To ensure fair and equal treatment in its competitive procurements, the City of Toronto will undertake to:

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

a bidders/proponent who fails to comply will result in disqualification of their response to the call/request.

Did you, the Bidder, assist the City of Toronto in the preparation of this Tender Call Document (this question does not refer to your Bid)?

Yes _ No

************************************************************************************************************* Policy on Restrictions on Hiring and Use of Former City of Toronto Management Employees for City Contracts

Bidders are to state the name(s) of any former City of Toronto management employee(s) hired/used by your firm, if any, who have left the employ of the City or its special purpose bodies within the last two years.

Specify:

************************************************************************************************************* Policy on the Purchase of products manufactured in factories where children are used as slave labour or other exploitive circumstances which impedes child development Bidders must state where the products offered have been made. City Council does not wish to see products used that have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development. Therefore, preference will be given to bidders that obtain products from any country other than the aforementioned, but this criteria will not be used to disqualify any Bidder. Bidders are to state if products offered have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development.

Yes No

29 of 228

Section 3 – Tender Submission Package List of Subcontractors Form



Upon request, the Bidder shall provide the subcontractor’s name for each work type indicated in the table below or indicate “OWN FORCES” in the “Subcontractor Name” column if a subcontractor will not be used for the work type indicated. The names of all subcontractors to be used for each work type indicated must be provided.

The Contractor will not be permitted to change any named Subcontractor without the written approval of the Contract Administrator. Any request for changing a named Subcontractor must be submitted in writing. The Contractor acknowledges that upon receipt of such a request by the City, the review and approval process could take a time to complete. Any delay in the commencement of the Work or in the performance of the Work or in the Contractor’s performance of its obligations under the Contract related to or arising from the City’s consideration of the Contractor’s request for a Subcontractor change shall be solely borne by the Contractor. Where union affiliation is required pursuant to the City’s “Labour Trades Contractual Obligations in the Construction Industry” (more particularly described in the document attached to the Applicable City Policies section) for the Work or any part thereof, the Contractor (and any Subcontractor performing any part of such Work) must be affiliated with the applicable collective bargaining agency and the Bidder shall submit proof of such affiliation of the Contractor prior to an award of contract.

List of Subcontractors

Name of Bidder: Date:

The Bidder may attach separate sheet(s) to this Form if additional space is needed. Indicate the number of sheets, if attached:

Work Types Subcontractor Name

30 of 228

Section 3 – Tender Submission Package Pricing Form



The Bidder must provide the rate and the amount for each tender item, the total for each part / subsection, the grand total, HST amount and the total amount of tender on the forms in the ensuing pages. Bidders that do not fully complete these forms (such as leaving lines blank), or have unclear answers (such as "n/a", "-", "tba" or "included" etc.) will be declared non-compliant. Prices that are intended to be zero cost/no charge to the city are to be submitted in the space provided in the price schedule as "$0.00" or "zero". All spaces for the aforementioned information must be completed in ink ensuring the printing is clear and legible. Where included Supplementary List of Prices Required for Extra Work Forms must also be completed.

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

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

Note: The Bidder should provide manufacturerer and model number where requested in the Price Form. Should the Bidder does not provide this information with its bid submission, the City reserves the right to request the information in writing prior to award. If the Bidder does not provide the information as requested in the time provided, the City may declare the bid to be non-complaint and it will not be considered for award.

31 of 228

SECTION 3 - TENDER SUBMISSION PACKAGE

PRICING FORM

Contract No. 16TM-03TP

Item Standard / Special

Specification

Description Estimated Quantity

Unit Unit Price

Adden- dum No.

Standard/ Special

Drawing

Tender Call No. 21-2016

Total Per Item

Part A General Items

1 Supply, Remove and Replace Highway Traffic Signal Head - TTS 808(TTR 808.300)

each $_________ 43.00 $___________

2 Supply, Remove and Replace 3x300 mm Traffic Signal Head - TTS 808(TTR 808.300)

each $_________ 3.00 $___________

3 Supply, Remove and Replace 4x300 mmm Traffic Signal Head - TTS 808(TTR 808.300)

each $_________ 1.00 $___________

4 Supply and Install 300 mm Red LED Traffic Signal Module Manufacturer:__________________ Module #: _____________________

each $_________ 2,446.00 $___________

5 Supply and Install 200 mm Red LED Traffic Signal Module Manufacturer: __________________ Module #: ______________________

each $_________ 1.00 $___________

6 Supply and Install and Install 300 mm Amber LED Traffic Signal Module Manufacturer: ___________________ Module #: ______________________

each $_________ 695.00 $___________

7 Supply and Install 200 mm Amber LED Traffic Signal Module Manufacturer: ___________________ Module #: ______________________

each $_________ 1,756.00 $___________

8 Supply and Install 300 mm Green LED with Clear Lens Traffic Signal Module Manufacturer: ___________________ Module #: ______________________

each $_________ 668.00 $___________

9 Supply and Install 200 mm Green LED with Clear Lens Traffic Signal Module Manufacturer: ___________________ Module #: ______________________

each $_________ 1,754.00 $___________

10 Supply and Install 300 mm Green Arrow LED Traffic Signal Module Manufacturer: ___________________ Module #: ______________________

each $_________ 30.00 $___________

11 Supply and Install 200 mm Green Arrow LED Traffic Signal Module Manufacturer: ___________________ Module #: ______________________

each $_________ 1.00 $___________

Dec 16, 2015 9 Page 3 - 32 of 228

SECTION 3 - TENDER SUBMISSION PACKAGE PRICING FORM



Specification


Unit Unit Price

Adden- dum No.

Standard/ Special

Drawing


Total Per Item

12 Supply and Install 300 mm Bi-Modal Green/Amber Arrow LED Traffic Signal Module Manufacturer: __________________ Module #: _____________________

each $_________ 339.00 $___________

13 Supply and Install Reflective Backboard of Highway Signal Head - LFE/TACEL

each $_________ 494.00 $___________

14 Supply and Install Reflective Backboard of 3x300 mm Signal Head - LFE/TACEL

each $_________ 29.00 $___________

15 Supply and Install Reflective Backboard of 4x300 mm Signal Head - LFE/TACEL

each $_________ 13.00 $___________

16 Supply and Install Reflective Backboard of Highway Signal Head - ITS

each $_________ 165.00 $___________

17 Supply and Install Reflective Backboard of 3x300 mm Signal Head - ITS

each $_________ 22.00 $___________

18 Supply and Install Reflective Backboard of 4x300 mm Signal Head - ITS

each $_________ 21.00 $___________

19 Supply and Install Reflective Backboard of Highway Signal Head - FORTRAN

each $_________ 661.00 $___________

20 Supply and Install Reflective Backboard of 3x300 mm Signal Head - FORTRAN

each $_________ 92.00 $___________

21 Supply and Install Reflective Backboard of 4x300 mm Signal Head - FORTRAN

each $_________ 87.00 $___________

22 Supply and Install Reflective Backboard of Highway Signal Head - ECONOLITE

each $_________ 136.00 $___________

23 Supply and Install Reflective Backboard of 3x300 mm Signal Head - ECONOLITE

each $_________ 30.00 $___________

24 Supply and Install Reflective Backboard of 4x300 mm Signal Head - ECONOLITE

each $_________ 33.00 $___________

25 Traffic Control Person PS $1.00 70,000.00 $70,000.00

26 CONTINGENCY ALLOWANCE PS $1.00 50,000.00 $50,000.00

Dec 16, 2015 10 Page 3 - 33 of 228

SECTION 3 - TENDER SUBMISSION PACKAGE PRICING FORM



Specification


Unit Unit Price

Adden- dum No.

Standard/ Special

Drawing


Total Per Item

Summary of Tender

Part A General Items

Total Bid Price (Sum Items 1 to 26) = $X

Company GST/HST Registration Number:

HST Amount (13%) = $Y

Total Amount of Tender Call = $X + $Y

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

Dec 16, 2015 11 Page 3 - 34 of 228

Section 4 – Scope of Work Tender Call No. 21-2016 Contract No. 16TM-03TP

TS Linear Standard V5.12 (PMMD V5.12) November 4, 2015 Page 4- 1

Please refer to Section 4A – Special Specification - Supply and Installation of LED Vehicle Signal Display Modules and Reflective Border Backboards at Existing Traffic Control Devices for the Scope of Work.

35 of 228

Section 4A – Special Specifications

Tender 21-2016, Contract No. 16TM-03TP

SUPPLY AND INSTALLATION OF LED VEHICLE SIGNAL

DISPLAY MODULES AND REFLECTIVE BORDER

BACKBOARDS AT EXISTING TRAFFIC CONTROL DEVICES

Stephen M. Buckley

General Manager, Transportation Services

TRANSPORTATION SERVICES

36 of 228



SPECIAL SPECIFICATION – SERVICES TO BE PROVIDED

1. DEFINITIONS

Throughout this Quotation the following terms have special meanings:

Activation - energizing of the traffic control signals into full time design operation.

Project Manager - the Project Manager of Transportation or any person designated by the

General Manager.

Contractor - the submitter of the successful quotation for service of this Contract.

ESA - Electrical Safety Authority

IBEW - International Brotherhood of Electrical Workers

OTM - Ontario Traffic Manual

Staff - a person, male or female, in the employ of the Contractor.

Third Party - any individual or organization other than Toronto Transportation Services, or

the Contractor.

Toronto - The City of Toronto.

Toronto Transportation - The City of Toronto Transportation Services Division.

Toronto Transportation Maintenance Contractor - the Contractor(s) currently under

Contract to Toronto Transportation for the maintenance of all traffic control devices.

2. SCOPE OF WORK

Please note that the Purchase Order approval depends on the

City of Toronto's 2016 Capital Budget approval

PART ONE:

This Quotation is for replacement of the existing traffic control red LED modules, green

LED modules, green arrow (where applicable) LED modules, bi-modal LED arrows

(where applicable), amber LED modules or amber incandescent lamps (vehicle signals),

and related components necessary for the supply and installation of new LED signal

display modules into the existing traffic signal heads including transit signal heads.

Quantities were obtained from on site field checks between May 22nd and July 27th, 2015.

PART TWO: This Quotation is also for removal of the existing traffic signal head backboards and related

components necessary for the supply and installation of new reflective border backboards

into the existing traffic signal heads, exclusive of transit signal heads, bicycle signal heads 37 of 228



and pedestrian signal heads. Where the existing traffic signal heads are made with metal,

these traffic signal heads are required to be replaced with the City of Toronto approved

signal heads to facilitate the new reflective border backboards installations. Refer to

special specification Item 17 – Materials Supplied by the Contractor.

The Contractor occasionally will remove and replace signal heads as directed and replace

head hangers when required. The Contractor will be required to raise the existing pole

plate/mast arm when installing the new highway/4x300 mm heads to ensure proper

clearance height for the signal head (per TTS 808 – TTR 808.300).

The LED replacement and Reflective Border Backboard installations will occur at

approximately 325 locations for vehicle signals within The City of Toronto. The

Contractor shall be responsible for providing all the necessary resources required to

complete the specified works and leave in place fully functional traffic control signals.

The Contractor is to complete a site visit and field check prior to ordering and installation

for the actual material requirements. The City will only pay for material that has actually

been installed.

Toronto Transportation reserves the right to add or delete any or all of the requirements at

these locations or any other location subsequently identified and the Contractor shall take

note that no claims will be entertained for any damages.

3. INSTALLATION DETAILS

The Contractor must notify the City of Toronto Dispatch at 416-392-5556 upon arrival

and departure from the intersection. Prior to commencement, the Contractor is to inspect

the intersection and report to the City any equipment which needs repair. The Contractor

is required to record in the Controller Service Log Book (in the traffic controller cabinet)

each visit to an intersection when work is performed or the controller cabinet is opened.

Refer to Traffic Control Person, Item 10.

Failure to comply with the above requirements will result in the assessment of liquidated

damages in the amount of $500.00 per occurrence as per Section 5A, Sub-Section 15

Liquidated Damages, at the discretion of the Project Manager.

PART ONE:

The Contractor shall remove the existing traffic control LED modules, existing amber or

red incandescent lamps, lenses, reflector assemblies, and gaskets. The Contractor shall

then install the new LED signal display module. The Contractor is reminded that the

orientation of the LED module is of paramount importance to the integrity of the display.

The LED modules are marked to indicate the required orientation. All inaccurate

installations shall be corrected to the satisfaction of the City at no additional cost.

The Contractor shall supply new twist type connectors for all electrical connections made

under this quotation. (Note: the wire leads from the LED modules shall be supplied pre-

stripped and tinned.)

The Contractor shall supply and replace any clips or screws that are damaged, broken, or

38 of 228



do not properly secure the LED module during the course of the replacement. Self-

tapping screws are acceptable alternatives only for damaged threaded screws or sockets.

The Contractor shall ensure that the existing clips and screws or any new clips and

screws are adequate to secure the LED module so that it will not turn or shift after

installation. All clips, screws, and other hardware shall be stainless steel, aluminium, or

hot dip galvanized.

The Contractor shall ensure that all gaskets and seals are properly oriented during the

installation and that there are no gaps between the LED modules and the doors of the

vehicle signal heads.

PART TWO:

The Contractor shall remove the existing traffic signal head backboard and shall then

install the new reflective border backboard by flipping through the front of the signal

head without disassembly of the signal head. The reflective border backboards shall be of

such dimensions as to fit the signal head housings with no gap between backboard and

housing and positioned such that the signal head is "centered" on the backboard. All

inaccurate installations shall be corrected to the satisfaction of the City at no additional

cost.

If the contractor attends an intersection where reflective backboards have already been

installed, the contractor shall not replace the reflective backboards. Due to maintenance

calls received, some intersections will already be equipped with reflective backboards

and the existing backboards must be maintained.

The contractor shall take before and after photos of each intersection with timestamps of

the date, time, and PX number.

4. VEHICLE SIGNAL HEADS

The Contractor will be required occasionally to remove and replace heads as directed in

the approximate quantities noted in the form of tender.

A recent inspection performed by the City has identified only few vehicle signal heads

which will be replaced, however the Contractor acknowledges that the breaking of clips,

retaining screws, and the freeing of seized components is expected and that the

Contractor is expected to make a sincere attempt in dealing with these encumbrance, this

is deemed to be included in the bid price.

Prior to working on a vehicle signal head the Contractor shall inspect the condition of the

vehicle signal head. In the event the vehicle signal head does not appear to be in a

condition that will allow for the safe installation of the LED signal display module and

reflective border backboard, or, if in the opinion of the Contractor, it will not operate

safely for at least one (1) year, the Contractor will leave the vehicle signal as is. The

Contractor will then notify the appropriate City official immediately and will continue on

with the next LED vehicle signal display module and reflective border backboard

replacement. The Contractor will not be compensated for any signal display where the

LED module cannot be replaced or for any signal head where the reflective border

39 of 228



backboard cannot be installed.

5. SCHEDULE FOR COMPLETION AND LIQUIDATED DAMAGES

All works under this Tender are to be completed by September 30, 2016. All site

restorations, clean-up and the rectification of any and all deficiencies are to be completed

within five (5) days of completion at each location.

Following notification to commence, continuous operation shall be carried out until

completion of the quotation. The Bidder is advised that it may be necessary for the

Contractor to carry on simultaneous operation at more than one location. The contractor

shall forward a weekly and daily schedule to the City of Toronto Contract Administrator or

designate.

NOTE: Liquidated damages in accordance with Section 5A, Sub-section 15 Liquidated

Damages, will be assessed per calendar day, per intersection for each day exceeding the

target completion dates. This sum will be deducted from any payments due to the

Contractor.

Liquidated damages in accordance with Section 5A, Sub-section 15 Liquidated Damages,

will be assessed for each occurrence that final controller conversions infringe upon p.m.

rush hour periods.

6. TRAFFIC SIGNS AND PAVEMENT MARKINGS

All existing traffic signs and pavement markings are to be maintained during installation

unless otherwise specified by the Project Manager.

The Contractor shall take note that no claims will be entertained for any delays due to

changes in schedule, or interference with work as caused by other Contractor's work.

7. WORK RESTRICTIONS

The Contractor shall make every effort to minimize obstructions or closures of lanes or

sidewalks. During construction, pedestrian access shall be provided at one (1) crossing in

each direction of pedestrian travel at all times. The Contractor shall be permitted to work

during the a.m. and p.m. rush hours provided that all equipment is parked off the road and

no obstructions to traffic lanes or pedestrians are in effect.

Unless otherwise approved by the Project Manager, the Contractor shall be allowed to

occupy the curb lane during off peak hours. No obstruction to traffic lanes during the a.m.

(6:00 - 9:00 a.m.) and p.m. (3:00 - 7:00 p.m.) peak hours will be permitted. No work shall

cause any obstruction or delay to T.T.C. service.

The Contractor shall be permitted to work on weekends and on statutory holidays from 7:00

am to 7:00 pm.

The Contractor is advised that weekend, statutory holiday, or overnight work may be

required to complete this contract on schedule. No additional charges will be approved for

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weekend or overtime work.

8. SMOG ALERT RESPONSE PLANS

A Smog Alert will be preceded by a Smog Watch, which is issued by the Ontario

Ministry of the Environment (MOE). A Smog Watch is issued when there is a 50 per cent

chance that a smog day is coming within the next three (3) days. The MOE will issue a

Smog Advisory which is the equivalent to the City of Toronto “Smog Alert”.

From time to time due to poor air quality, the Contractor is to take the following general

actions:

• Minimize vehicle idling

• Reduce the use of non-essential gasoline and diesel powered vehicles or

equipment

Specifically, the Contractor is to postpone any work which will require lane closures or

complete de-activation of the traffic control device.

No additional compensation will be paid to the Contractor by the City of Toronto during

a smog alert.

The Contractor is to provide an email address and a fax number the City can send the

smog alert notification.

9. TRAFFIC CONTROL PERSON

The Contractor shall be responsible for traffic control requirements at the construction

site and shall follow TS 1.00 Construction Specification for Maintenance of Traffic

"Table 1: Deployment of Traffic Control in Road Construction Activities".

Table 1: Deployment of Traffic Control in Road Construction Activities

Conditions under

which Traffic

Control may be

required

Normal regulatory

posted speed 60

km/h or lower, one

lane or reduced to

one lane

Normal regulatory

posted speed 70 km/h

to 90 km/h, one lane

or reduced to one lane

Any speed,

more than one

lane in each

direction

To protect

workers on public

way

TCP can be used

Police presence

is required

To protect

construction

vehicles crossing

roadway

TCP can be used

TCP can direct

construction traffic

only, not public traffic

Police presence

is required

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To protect

construction

vehicles entering

a roadway

TCP can be used

TCP can direct

construction traffic

only, not public traffic

Police presence

is required

Electrical

contractor work

on traffic control

signals

Police presence is required if there is an absence of traffic

control device display and/or if the vehicle/pedestrian

indication(s) are to display conflicting movement. If not, follow

Ontario Traffic Manual Book 7 -Table 6 Deployment of Traffic

Control Persons (TCP). If the TCP conditions are not met, then

police presence is required.

Construction,

Surface

Maintenance,

Utilities, Toronto

Water

Follow Ontario Traffic Manual Book 7 -Table 6 -Deployment

of Traffic Control Persons (TCP). If the TCP conditions are not

met, then police presence is required.

Note 1: Table 1 is a modified version of OTM Book 7 -Table 6: Deployment of Traffic

Control Persons (TCP) that takes into consideration, City of Toronto Operational

Guidelines.

Note 2: See Occupational Health and Safety Act and Regulations for Construction Projects,

R.S.O. 1990 Regulations 213/91 as amended by Regulations 631194 and 145/00.

Note 3: If conditions under Ontario Traffic Manual Book 7 -Table 6 -Deployment of Traffic

Control Persons (TCP) are satisfied, the TCP(s) must be positioned in a manner which will

not conflict with the traffic control device operation. If this is not possible, police presence is

required.

Note 4: For City of Toronto employees, contractors, and sub-contractors, traffic control

work is performed in compliance with the provisions of: the City's Traffic Control policy

and its guidelines; the Regulations for Construction Projects (sections 67-69, 104-106, and

186-187); the Ontario Traffic Manual for Temporary Conditions (OTM Book 7 and Field

Edition); and the Handbook for Construction Traffic Control Persons.

Note 5: In reviewing traffic control measures related to road construction activities,

Transportation Services, Toronto Police Services and the applicant must ensure that the

safety of all road users is preserved.

Contractor must submit a written request for Paid Duty Officer to the Central Paid Duty

Office as per guidelines in the following link:

http://www.torontopolice.on.ca/paidduty/

Please be advised paid duty requests received with less than required notice to Police

Central Pay Duty office may not be filled. In such cases, the Central Paid Duty Office will

not be notifying Contractor the night before the event if their duty is not filled.

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http://www.torontopolice.on.ca/paidduty/



Should the Contractor fail to submit the request for a Paid Duty Officer as per the

requirements of the Central Pay Duty Office, and the duty is not filled, then any resulting

delay of contract, shall not be grounds for extension of the completion date of contract.

Payment for Traffic Control Persons will only be accepted and will be paid under item SP1

upon receipt of all Traffic Control documentation. The Contractor shall supply to the

Contract Administrator, at no cost to the City, a copy of the required documentation upon

delivery of the field documentation.. The City is the sole decider and will determine if the

documentation is sufficient.

All Police Service documentation must be forwarded with the SP1 cost calculation form, (or

approved substitute) with the contractor's invoice(s).

10. PAYMENT

Payments will be made on a per location basis. Payment will only be made upon the

completion, inspection and acceptance by the City Project Manager of the required

works. Payment will be based on the Form of Tender Bid Item quantities as measured /

determined by the City Project Manager and Contractor.

A Project Summary Form will be completed on site following completion of the works

and is to be signed by the City Project Manager and the Contractor. A copy of this form

will be provided to the Contractor from which he is to derive his invoice. Prior to the

invoice being sent to the City of Toronto's Accounts Payable department, a site visit by a

City of Toronto representative and a contractor to verify work completed shall be

required.

A Project Master File may be required to be filled out electronically (in an excel format)

in support of the invoices that are to be paid. Electronic copies of the excel format will

be provided at the first Pre-Construction meeting.

Payment shall be at the unit price bid and shall be payment in full for all labour,

equipment and materials necessary to complete the work.

There must be a separate invoice per location. Preliminary invoices must be sent within

three (3) weeks to Transportation staff for review and approval following the specific site

completion. All supporting documentation that is required must be attached.

Once an invoice has been approved by Transportation staff, the invoice must be

forwarded to:

City of Toronto

Accounting Service Division

Corporate Accounts Payable

Metro Hall – 14th Floor

55 John Street

Toronto Ontario M5V 3C6

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A holdback of 10 percent will apply to all invoices paid to the Contractor.

11. STORAGE

The Contractor shall provide and maintain, for the duration of the Contract, to the

satisfaction of the Project Manager secure climate controlled and insured storage

facilities. Prior to commencement of the Contract, the Contractor must have a location

within GTA that has a minimum size of 65 square metres and a minimum ceiling height

of 3.0 metres. The Contractor is to assume full responsibility for acceptance and storage

of all materials