Town of Newmarket Procurement Services Department T: (905) Mulock Drive, P.O. Box 328 STN Main F: (905)

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1 Town of Newmarket Procurement Services Department T: (905) Mulock Drive, P.O. Box 328 STN Main F: (905) Newmarket, ON L3Y 4X7 Revised: Tender Building/Renovation Template: February 21, 2017 REQUEST FOR TENDER T Magna Centre Southlake Renovation The Corporation of the Town of Newmarket (the Owner) shall ONLY accept ELECTRONIC BID SUBMISSIONS submitted through the Owner s Bidding System Website. Bid submissions submitted and/or received by any other method shall be rejected, unless the Owner has instructed otherwise by published Addendum. ELECTRONIC BID SUBMISSIONS ONLY shall be received by the Bidding System, no later than 3:00:00 p.m. (15:00:00 hours) local time, on Tuesday, January 30, The fee to purchase the Bid document online is the non-refundable sum of $75.00 (including H.S.T.) This document is available for purchase at If you require assistance to purchase online please contact the Procurement Services Department at The onus is on Bidders to ensure their Electronic Bid Submission is received no later than the closing time and date stated above. Bidders are cautioned that the timing of their Bid Submission is based on when the Bid is RECEIVED by the Owner s Bidding System, not when a Bid is submitted by a Bidder, as Bid transmission can be delayed in an Internet Traffic Jam due to file transfer size, transmission speed, etc. A Bid Submission will only be considered to have been submitted once it has been RECEIVED by the Owner s Bidding System, regardless of when the Bid was submitted by the Bidder. For the above reasons, the Owner recommends that Bidder allow sufficient time to upload their bid submission and attachment(s) (if applicable) and to resolve any issues that may arise. The closing time and date shall be determined by the Owner s Bidding System web clock. Bidders should contact the Procurement Representative listed below, at least twentyfour (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation to the Bidder advising that their bid was submitted successfully. If you do not receive a confirmation , contact the Procurement Representative immediately. The Corporation of the Town of Newmarket Page 1 of 21

2 Late Bids shall not be accepted by the Owner s Bidding System. To ensure receipt of the latest information and updates via regarding this bid or If a Bidder has obtained this Bid Document from a third party, the onus is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the bid opportunity at the at Questions: If a Bidder needs to address any discrepancies, errors and/or omissions in the Bid Document or if they are in doubt as to any part thereof they shall submit questions in writing through Newmarket s Bid Opportunities website using the Submit a Question link associated with this bid opportunity. The deadline to submit a question is Monday, January 22, The Owner shall not be responsible for responding to questions that are sent other than this method. The Owner may not respond to questions received after the Deadline for Questions, as stated above. No such communications are to be directed to anyone other than the Procurement representative. The Owner is under no obligation to provide additional information, and the Owner is not responsible for any information provided by or obtained from any source other than by written addendum issued by the Procurement Representative. Procurement Representative: Sharon Jones, CPPB Senior Procurement Officer, Procurement Services Procurement Services Department The Corporation of the Town of Newmarket reserves the right to accept or reject all or part of any Bid (if the Bid Document states that Part Bids will be accepted by the Owner), the right to accept other than the lowest Bid, and the right to cancel this Bid Call at any time without obligation.

3 Table of Contents PART I Electronic Bid Submission Currency Definitions Blackout Period Lobbying Prohibited Litigation/Probation/Suspension Contractor Performance Enquiries Bid Call Documents Bid Deposit and Agreement to Bond Subcontractors Alternative or Green Products Bid Closing Time and Date Addendum/Addenda Withdrawal/Edit Bids Checking of Bids Bid Irregularities Consideration of Award Owner s Rights and Privileges Bid Acceptance Avoid Vague Terms Execution of Agreement Notice Insurance Liquidated Damages PART II: SCHEDULE OF PLANS, SPECIFICATIONS AND DOCUMENTS: PART III: PREVIEW OF ON-LINE BIDDING SYSTEM SCHEDULES The Corporation of the Town of Newmarket Page 3 of 21

4 1. Electronic Bid Submission The Corporation of the Town of Newmarket (the Owner) shall only accept and receive Electronic Bid submissions through the Owner s Bidding System, hereafter called the BIDDING SYSTEM. HARD-COPY BID SUBMISSIONS SHALL NOT BE ACCEPTED. 2. Currency All bids submitted shall be in Canadian dollars (CAD). H.S.T. is additional. 3. Definitions All initially capitalized terms shall have the meanings ascribed thereto in the Owner s Procurement Bylaw Number , as it may be amended, restated, supplemented or replaced from time to time. 4. Blackout Period The Blackout Period begins when the Bid Call Document is issued and ends when the agreement is signed by the Owner and the selected Bidder. During the Blackout Period, Bidders must conduct all communication about the procurement only with the Procurement Representative stated in this Bid Call Document. Any communication initiated by a Bidder to elected officials or staff of the Owner other than to the Procurement staff during the Blackout Period may be grounds for disqualifying the offending Bidder from consideration for contract award. During the competitive period (Blackout Period) Bidders may submit questions, as stated on Page 2 of this Bid Document. The Procurement representative may issue a written addendum to provide clarification or modification to the Bid Call Document. The addendum will be published on the Owner s Bid Opportunities website. 5. Lobbying Prohibited If any director, officer, employee, agent or other representative of a Bidder, including any other parties that may be involved in a joint venture, consortium or similar business relationship with the Bidder, makes, from the time the Bid Documents are released until a contract is executed, any representation or solicitation to any elected representative or employee or agent of the Owner including project consultants, or to the media, with respect to the Bidder s Bid, the Owner will be entitled to reject the Bid. This requirement does not extend to any public deputations. The Corporation of the Town of Newmarket Page 4 of 21

5 6. Litigation/Probation/Suspension The Bid Review Panel shall (except the exceptions stated in the Procurement Bylaw as amended) reject a Bid from any Bidder or any other party (including any related or affiliated entities and any principal thereof) who is in unresolved litigation with the Owner or who is currently serving a Suspension Period, in accordance with the Owner s Contractor Performance Procedure. Furthermore, the Owner shall retain the right to reject Bids which may have been received and/or awarded by the Owner, notwithstanding efforts by the Owner to screen the acceptance of Bids from parties engaged in unresolved litigation with the Owner or serving a Suspension period, once the Owner becomes aware of such unresolved litigation or Suspension period. 7. Contractor Performance The Owner s representative shall be responsible for monitoring the performance of this project, in accordance with the Owner s Contractor Performance Procedure, 8. Enquiries If a Bidder needs to address any discrepancies, errors and/or omissions in the Bid Document or if they are in doubt as to any part thereof they shall submit questions in writing through Newmarket s Bid Opportunities website using the Submit a Question link associated with this bid opportunity prior to the stated deadline date for questions. Verbal clarifications shall not be interpreted to change any of the term or conditions of the Bid Call Documents. Bidders shall only rely on information provided by the Owner in an addendum. 9. Bid Call Documents The Owner s Bid Call Document shall include, but is not limited to,, Part I: Instructions to Bidder, Part II: Schedule of Plans, Specifications and Documents, Part III Preview of On- Line Bidding System Schedules and the following additional documents and forms: Document/Form Name Revision Date Owner s Standard Terms and Conditions February 2, 2017 Owner s Bidding System Terms of Service February 2, 2017 Owner s Purchase Order Terms and Conditions April 1, 2015 Owner s Insurance Form February 20, 2015 Owner s Change Order Form February 21, Bid Deposit and Agreement to Bond Corporation of the Town of Newmarket Page 5 of 21

6 10.1 Bidders shall upload both their Bid Deposit and Agreement to Bond (as instructed in 10.2), to the Owner s Bidding System, in the bid submission file labelled Bid Deposit and Agreement to Bond Bidders shall create a single zip file (see Bidding System instructions on how to create a zip file) containing both their Bid Deposit and Agreement to Bond and upload the zipped file to the file labelled Bid Deposit and Agreement to Bond. Bid Deposit A Bid Bond using CCDC 220, or the same format and content as in CCDC 220 or other form used by a Surety company, authorized by law to do business in the Province of Ontario, and acceptable to the Owner. A Bid Deposit in the amount of ten (10) percent of the Sub Total Contract Amount, shall be submitted with your Bid Submission The Bid Deposit shall be in the form of one of the two following Bid Deposit options and shall be submitted with your Electronic bid submission, as instructed above in 10.1 and Option # 1: A Digital Bid Bond. Bidders shall up-load a copy of the Digital Bid Bond and follow the upload instructions as stated in 10.1 and If Bidders are using this option, the Bidder and the Bidder s Surety should refer to the e- bonding information on Surety Association of Canada s website. Information at this site includes; A list of third parties that provide online surety digital bond services such as Mobile Bonds or Xenex. The Owner does not endorse or promote any third party digital bond service provider. An Industry Checklist which Digital Bonds provided should meet. All instruction details for accessing authentication should be included with the up-loaded Bond. Option # 2: A Scanned Paper Bid Bond (Pdf Format) Bidders shall scan and up-load a copy of the Paper Bid Bond and follow the upload instructions as stated in 10.1 and If this alternative is used, Bidders should request either; an Ink seal from their Surety or trace over the embossed seal prior to scanning to allow for the seal to be visible to the Owner. Applicable to both above options: Corporation of the Town of Newmarket Page 6 of 21

7 Bonds shall be issued by reputable Bonding Companies, licensed to issue surety bonds in the Province of Ontario. Bid bonds must be irrevocable and open for bid acceptance for at least ninety (90) days from the date of bid opening. The Bid Deposit is provided as assurance that should the bid be accepted by the Owner, a Contract will be entered into for the proper performance of the work within ten (10) calendar days following written notification from the Owner to the selected Bidder. Once the unofficial bid results have been posted to the Bidding System by the Owner, the Bid Deposit of all Bidders, except the three lowest Responsible and Responsive Bidders, shall be returned upon the request of the Bidder. When the Contract is executed by the selected Bidder and the Owner, the Bid Deposit of the selected Bidder and the second and third lowest Responsible and Responsive Bidder shall be returned, upon request of the Bidder. Agreement To Bond The selected Bidder shall supply upon award: a) A Performance Bond for the due completion of the Work in accordance with the terms and conditions of the Contract, the bond shall be in an amount equal to 50% of the Sub Total Contract Price (excluding all applicable taxes) in the form of CCDC 221 or the most recent Ontario Provincial Standard Form or the Surety Association of Canada s new process enhanced performance bond; and; Note: The bond provided shall be amended to read: It is a condition of this bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of (1) the date on the Completion Certificate for the contractor, or, if no such definition exists, the date when the work is ready for use or is being used for the purposed intended, or (2) the date on which the Principal is declared in default by the Obligee. b) A Labour and Material Payment Bond, the Bond shall be in an amount equal to 50% of the Sub Total Contract Price (excluding all applicable taxes) in the form of CCDC 222 or the most recent Ontario Provincial Standard Form. All Bonds shall be issued by reputable Bonding Companies, licensed to issue surety bonds in the Province of Ontario. All bonds may be subject to the approval of the Owner. All Agreement to Bonds shall be irrevocable and open for acceptance for 90 days from date of closing The Bonds received from the selected Bidder shall remain in force throughout the duration of the Contract including the guarantee, warranty or maintenance period of the Contract and/or until the Contract is deemed complete by the Owner. The Agreement to Bond shall be in one of the two following options and shall be submitted with your Electronic bid submission. Bidders may also use either the Owner s Agreement to Bond Form (enclosed in this web link) and also provided in Item 9 Bid Call Documents or other form used by a Surety Corporation of the Town of Newmarket Page 7 of 21

8 company, authorized by law to do business in the Province of Ontario, and acceptable to the Owner shall be submitted with your Bid. Option # 1: Digital Agreement to Bond The same instructions and terms as stated for the Digital Bid Bond shall apply. Option # 2: A Scanned Paper Agreement to Bond (Pdf) The same instructions and terms as stated for the Scanned Paper Bid Bond shall apply. 11. Subcontractors 11.1 Bidders shall in their Bid submission submit the names of all of the Subcontractors which the Bidder shall use to perform Work under the Contract and the division or section of Contract Work to be completed by each Subcontractor Bidders shall ensure that all Subcontractors selected and named have experience in the Subcontract Work described, have submitted their Subcontract prices in strict accordance with the Bid Documents, and that they shall execute their Work with competence and within the required time frame Bidders shall ensure that all Subcontractors included in a Bid shall be actively engaged in Work of the type described and shall be able to show proof upon request by the Owner of previous Work of similar nature performed by them Bidders shall not show Own Forces in their list of Subcontractors, except where the Bidder s intent is to employ the Bidder s own qualified on-staff personnel to perform such work Bidders shall not indicate TBD (To Be Determined) or TBA (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. One Subcontractor name shall be indicated for each Subcontractor category Bidders shall list in their list of Subcontractors, all of the Subcontractors who shall perform work under the Contract No names, either of Subcontractors or Own Forces may be changed after submission of the list of the Subcontractors unless prior written approval is received from the Owner. Such approval shall only be considered after receipt by the Owner of a written request for the change by the Contractor with a full explanation of the reasons for the requested change and a letter from the previously named Subcontractor agreeing to withdraw its bid to the Contractor, with no consequences to the Owner The Owner reserves the right to reject a Subcontractor for reasonable cause. Upon such rejection, the Bidder shall be required to propose an alternate Subcontractor without resulting change to the Bid. 12. Alternative or Green Products Corporation of the Town of Newmarket Page 8 of 21

9 Prior to the stated deadline date for questions, Bidders may submit for consideration by the Owner, alternative or green product(s); provided the alternative or green product(s) meet the Owner s minimum specifications in writing through Newmarket s Bid Opportunities website using the Submit a Question link associated with this bid opportunity. The product information submitted by the Bidder should include manufacturer name, model and a similar scope reference project. The Owner reserves the right to request additional information by the Bidder. The Owner will issue an Addendum to all Bidders for each alternative and/or green product that is approved by the Owner as acceptable for the solicitation. The Owner shall be the sole judge in determining if an alternative or green product is acceptable. All Bidders may bid on the original product and/or on any alternative or green products which have been approved by the Owner through an Addendum. Bids which submit an alternative or green product(s) that has not received written approval from the Owner by addendum prior to the Closing Date will be rejected. 13. Bid Closing Time and Date All Bidders shall have a Bidding System Vendor account and be registered as a Plan Taker for this Bid opportunity, which will enable the Bidder to download the Bid Call Document, to receive Addenda/Addendum notifications, download Addendums and to submit their bid electronically through the Bidding System. Bid submissions shall be received by the Owner s Bidding System not later than (15:00:00 hours) 3:00:00 p.m. Eastern local time, on the specified closing date. The closing time shall be determined by the Bidding System web clock. Bidders are cautioned that the timing of Bid Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Bid is submitted by a Bidder, as Bid transmission can be delayed in an Internet Traffic Jam due to file transfer size, transmission speed, etc. 14. Addendum/Addenda 14.1 Addendum/Addenda, if required, issued by the Procurement Representative shall form part of the Bid Document. Bidders shall acknowledge receipt of any addenda when submitting their Bid through the Bidding System. Bidders shall check a box for each addendum/addenda and any applicable attachments that has been issued before a Bidder can submit their Bid submission online Addendum/Addenda will typically be issued through the Bidding System, Forty-eight (48) Hours prior to Closing Time and Date In the event an addendum is issued within Forty-eight (48) Hours prior to Closing Time and Date, it may include an extension of the Closing Time and Date. It is the responsibility of the Bidder to have received all Addendum/Addenda that have been issued. Bidders should check online at prior to submitting their Bid and up until the Bid closing time and date in the event additional addendums are issued. Corporation of the Town of Newmarket Page 9 of 21

10 14.4 The Owner encourages Bidders not to submit their Bid prior to forty-eight (48) hours before the Bid closing time and date, in the event that an addendum is issued. If a Bidder submits their bid prior to this or at any time prior to the bid closing and an addendum/addenda is issued by the Owner, the Bidding System shall WITHDRAW their Bid submission and change their Bid submission to an INCOMPLETE STATUS (NOT accepted by the Owner) and the Withdrawn Bid can be viewed by the Bidder in their MY BIDS section of the Bidding System. The Bidder is solely responsible to: i) make any required adjustments to their Bid; and ii) iii) acknowledge the addendum/addenda; and Ensure the re-submitted bid is RECEIVED by the Bidding System no later than 3:00:00 p.m. (15:00:00 hours) local time, on the Bid Closing Date. NOTE: Additional company contacts are recommended for the reasons outlined below: Do not invite any additional contacts that you do not want to have access to view, edit, submit and/or withdraw or who may be in direct competition for example (a company may have two divisions that could compete for the same Bid Opportunity ). You are strongly urged when creating or updating a Bidding System Vendor account to add additional company contacts to create their own login to the Bidding System. This will permit your invited contacts that have created their own login to manage (register, submit, edit and withdraw) Bids which your Company is a Registered Plan Taker for. In the event you are on vacation, or due to illness, etc. these additional contacts may act on your Company s behalf and have the authority to; receive addendum notifications from the Bidding System, and where permitted by the terms and conditions of the Bid Call Document, to submit Bids electronically through the Bidding System and/or withdraw and/or edit and/or acknowledge addendum/addenda, on your behalf. If you are an invited company contact it is imperative that you create your login from the link contained in the invitation. Do NOT go directly to Newmarket s Bid Opportunity website and create a separate vendor account. 15. Withdrawal/Edit Bids Bidders may edit or withdraw their Bid submission prior to the closing time and date. However the Bidder is solely responsible to: i) Ensure the re-submitted bid is RECEIVED by the Bidding System no later than 3:00:00 p.m. (15:00:00 hours) local time, on the bid closing date. 16. Checking of Bids 16.1 Bids are opened and checked by the Procurement Representative and Consultant (if applicable) to ensure that: i. The required Bid Deposit and Agreement to Bond or Alternative Form are properly executed and satisfy the requirements of the Bid Documents. ii. Bids comply with the Bid Documents, and that all items as specified have been bid on and are complete, unless part Bids are permitted under the Solicitation. Corporation of the Town of Newmarket Page 10 of 21

11 Any Bid Irregularities shall be dealt in the manner described in the Bid Call Documents. iii. All mathematical extension calculations are correct. Where there is an obvious error in the extended price the unit price stipulated shall govern and shall be calculated accordingly with the estimate quantity. Where there is an obvious calculation error in the addition of individual lump sum prices into a subtotal price, the Owner may make the appropriate mathematical correction to the subtotal price and/or subtotal contract price, as the case may be, so that the calculation is correct. 17. Bid Irregularities Bid Irregularities shall be dealt with in accordance with Procurement Bylaw , Schedule B Bid Irregularities (applicable to Electronic bidding), as amended. All Bid Irregularities shall be forwarded to the Bid Review Panel for review, consideration, and determination in accordance with Section 9 Bid Review Panel of the Procurement By-law. 18. Consideration of Award 18.1 In evaluating Bids received, the Owner is entitled to accept the Bid the Owner deems the most favourable to the interests of the Owner or that may provide the greatest value advantage and benefit to the Owner based upon but not limited to the following criteria; a) Price b) Ability c) Lead times d) Quality of Work and/or Product, (guarantees, warranties, etc.) e) Service (service depot location) f) Accessibility g) Previous experience h) Performance Evaluations i) Completion history (including extended completion dates) j) Qualification k) Alternative Bid and/or a Green Alternative Bid. l) Meet Owners Specifications 18.2 Contract award shall be communicated by written notification from the Owner to the selected Bidder, if any. The decision of the Owner is final. Corporation of the Town of Newmarket Page 11 of 21

12 18.3 In the event that the Sub Total Contract Bid amount from the lowest Responsive and Responsible Bidder exceeds the Owner s budget for the Solicitation, the Owner reserves the right to: Where in the opinion of the Owner it is possible to do so, award part of the Solicitation to the Responsible and Responsive Bidder that submitted the lowest Sub Total Contract Amount, for the Solicitation as originally bid or Cancel the Solicitation in its entirety Owner s Additional Considerations: The Owner reserves the right to consider, during the evaluation of Bids: ii. iii. iv. Information provided in the Bid Submission itself; Information provided through clarification with a Bidder; Information provided in response to enquiries of credit, experience and industry references set out in the Bid Submission; v. Information received in response to enquiries made by the Owner of third parties, apart from those disclosed in the Bid in relation to the reputation, reliability, experience and capabilities of the Bidder; vi. vii. The manner in which the Bidder provides services to others; The experience and qualification of the Bidder s senior management, and project management; viii. The compliance of the Bidder with the Owner s requirements and specifications; ix. Safety records. Bidders with poor safety records shall not be considered for award. x. Staff or sub consultant qualifications and experience; xi. xii. Equipment of the Bidder; Bidders determined not to be Responsible (i.e. not fully capable to meet all of the requirements of the Bid including but not limited to; financial and technical) shall not be considered for award The Bidder acknowledges and agrees that the Owner may rely upon such criteria as the Owner deems relevant, even though such criteria may not have been disclosed to the Bidder in the Bid Document Bidder Profile A Bidder shall submit, in addition to any information required to be included in the Bid submission, if requested by the Owner, evidence of experience, ability, quality of Work, service, past experience, and qualifications necessary to meet satisfactorily the requirements set forth or implied in the Bid Call Documents Approvals Corporation of the Town of Newmarket Page 12 of 21

13 Bidders acknowledge that the Work, or portions thereof, are subject to the procurement and issuance of certain permits, authorizations, licenses, easements and other approvals (the Approvals ) as may be required from third parties, including applicable government agencies, under applicable laws, statutes & regulations in order to commence and perform the Work. In the event, and to the extent, any such Approvals are not issued in order to permit commencement or performance of the Work, the Owner reserves the right to either: i. Not award the Contract and cancel the Bid; or ii. iii. Award the Contract in whole or in part, subject to the right of the Owner to cancel all or part of the Contract at any time after award; or Delay the consideration of the award of the Contract until such time as the required Approvals have been obtained. 19. Owner s Rights and Privileges 19.1 The Owner hereby reserves the right, privilege, entitlement and absolute discretion, for any reason whatsoever, to: i. Award to the lowest Responsible and Responsive Bidder, ii. iii. iv. Accept a Bid which is not the lowest submitted Bid, or reject a Bid that is the lowest Bid even if it is the only Bid received; Cancel this Bid at any time, either before or after the Closing Time and Date; Accept or reject any and all Bids, whether in whole or in part, and award any part of any Bid; v. Award the Contract in its entirety or in part, to one or more Bidders, in accordance with the Bid Call Document, where more than one primary Contractor is provided for; vi. vii. viii. ix. Subject to, Bid Irregularities, accept any unbalanced, irregular, or informal Bids, or waive any informalities, requirements, discrepancies, errors, omissions, or any other defects or deficiencies or any other forms of noncompliance with the Tender Documents in relation to any Bid Form or Bid Submission; Seek clarification from any Bidder with respect to a Bid Submission after the Closing Time and Date without becoming obligated to seek clarification of any other Bid; Reject any Bidder who is involved in litigation with the Owner; Reject any Bidder to due to past performance, in accordance with the Owner s Contractor Performance Procedure. x. Reject any Bidder who was a Consulting firm involved in preparing or assisting in developing the scope of Work and/or specifications for the project which is the subject of the Contract. Corporation of the Town of Newmarket Page 13 of 21

14 19.2 By submitting a Bid, the Bidder acknowledges and accepts the Owner s rights and Privileges, under this Section and, subject to paragraph below, absolutely waives and releases any right, or cause of action against the Owner and its consultants, by reason of the Owner s failure to accept or reject the Bid submitted by the Bidder, or the acceptance or rejection of any other Bid, or the manner in which this Tender was conducted, whether such right or cause of action arises in contract, negligence, or otherwise Without limiting the generality of the above paragraph, by submitting a Bid, the Bidder further acknowledges and agrees that should a Court of competent jurisdiction determine that the above paragraph is not enforceable by the Owner, the limit of the Owner s liability and the liability of its consultants to the Bidder for damages of any kind whatsoever arising out of the Bid Call, including, but not limited to, the costs of preparing a Bid, damages for lost opportunity, and damages for lost profits or overhead, arising from, contributed by or related to any act or omission of the Owner or its consultants of any kind whatsoever in the course of the Bid Call, including, without limitation, in the manner in which the Bid Call was conducted or any award of Contract that was made, is the lesser of: i. the demonstrable cost to the Bidder of preparing its Bid; and ii. $50, Bid Acceptance Open to Acceptance 20.1 Each Bid shall be open for acceptance by the Owner until the selected Bidder executes the formal Contract or until Sixty (60) Calendar Days after the Closing Date and Time, whichever event occurs first All awards are subject to the approval of Department Head, the C.A.O., Committee and/or Council (if applicable) and the availability of funds All expenses involved with the preparation and submission of Bids to the Owner, or any work performed in connection therewith shall be borne by the Bidder. No payment shall be made for any Bid received, nor for any other effort required of, or made by, the Bidder prior to the commencement of the Work. 21. Avoid Vague Terms The use of N/A should be avoided. N/A can mean several things: Not Available, Not Applicable because there is no charge for the item, or Not Applicable because the item is not proposed. 22. Execution of Agreement 22.1 The selected Bidder, if any, shall endeavour to sign the CCDC2 Agreement Form, in quadruplicate (4) and provide the following documents, within ten (10) Calendar Days of written notification of acceptance and prior to the commencement of any Work. Corporation of the Town of Newmarket Page 14 of 21

15 22.2 The following documents, as listed, shall be submitted by the selected Bidder prior to or at the time of signing the Contract; i. Owners Standard Insurance Certificate Form. ii. A Performance Bond for the due completion of the Work in accordance with the terms and conditions of the Contract, which bond shall be in an amount equal to 50% of the Sub Total Contract Price (excluding all applicable taxes) in the form of CCDC 221 or the most recent Ontario Provincial Standard Form or the Surety Association of Canada s new process enhanced performance bond; and A Labour and Material Payment Bond, which Bond shall be in an amount equal to 50% of the Sub Total Contract Price (excluding all applicable taxes) in the form of CCDC 222 or the most recent Ontario Provincial Standard Form. iii. A current copy of the Workplace Safety and Insurance Certificate of Clearance; iv. The Bidder s Health and Safety Policy; v. The Work Schedule; vi. The Notice of Project filed with the Ministry of Labour; and vii. The name and contract information of the responsible representative at the Surety for purposes of communication The above Contract Security shall be kept in force throughout the duration of the Contract including the guarantee, warranty or maintenance period of the Contract and/or until the Contract is deemed complete by the Owner Should the selected Bidder either; attempt to withdraw their Bid submission, or fail to or refuse to execute the Contract and/or provide the necessary documentation, within the time specified, the selected Bidder s Bid Deposit shall be forfeited and retained and applied for use by the Owner. In addition, at the discretion of the Owner, the Bidder may be suspended for a period of two (2) years in accordance with the Contractor Performance Procedure set out in the Owner s Procurement Bylaw Number , as it may be amended, restated, supplemented or replaced from time to time. The Owner reserves the right to either award to the next lowest Responsible and Responsive Bidder or cancel the solicitation The Owner may grant additional time to fulfill the necessary requirements, if in the opinion of the Owner, the extension does not compromise the interests of the Owner The Contractor shall be responsible for ensuring all change orders approved by the Owner, are provided to their Surety. The Contractor shall be responsible for obtaining and providing the Owner, at the Contractor s cost, an adjusted Bond to reflect 50% of the revised Sub Total contract amount when: The Owner approves any single change order which adds $100, or more to the original and/or current Sub Total of the Contract, or; Corporation of the Town of Newmarket Page 15 of 21

16 The aggregate value of all change orders that have been approved by the Owner has added $100, or more to the original and/or current Sub Total of the Contract. 23. Notice Any written notice, or any other material to be given or delivered pursuant to the agreement, shall be deemed properly given if delivered personally or mailed by registered mail as follows: If to the Corporation of the Town of Newmarket: Attention: Sunny Khemai, Manager, Procurement Services Department And a copy submitted to: Colin Service, Director, Culture and Recreation Services. If to the Selected Bidder, It will be to the Attention and the address of the Bidder s representative submitting the Bid. Such other addresses of which the party to be notified shall have given written notice to the other party in accordance with the above and such notice shall be deemed to have been given at the time it was delivered or Three (3) Working Days from the date of mailing as the case may be. 24. Insurance 24.1 The Contractor upon award of the Contract shall at its own expense obtain and maintain Insurance until the termination of the Contract, with insurers acceptable to the Owner, the following insurance (checked off) and provide evidence thereof, naming the Owner as additional insured: (a) _X_ Comprehensive general liability insurance on an occurrence basis for an amount of not less than Five Million Dollars ($5,000,000) and shall include the Owner, the Corporation of the Town of Newmarket, as an Additional Insured with respect to the Contractor s operations, acts and omissions relating to its obligations under the Contract, such policy to include, but not be limited to, non-owned automobile liability; bodily injury including death, personal injury; broad form property damage including loss of use thereof; contractual liability; owners and contractors protective liability; products and completed operations liability; contingent employers liability; and, cross liability and severability of interest clauses. The deductible is not to exceed Five Thousand ($5,000) or as agreed to by the Owner. Coverage shall also include: i) Sudden & Accidental Pollution, 120 Hour Reporting; ii) Shoring, blasting, excavation, underpinning, demolition, pile driving, caisson work and work below ground surface including tunnelling and grading; Corporation of the Town of Newmarket Page 16 of 21

17 iii) Demolition of Buildings or removal of property; (b) _X_ Standard OAP 1 Automobile liability insurance for an amount not less than Two Million Dollars ($2,000,000) on the Owners form meeting statutory requirements covering all licensed vehicles owned, operated or leased by the Contractor and used in any manner in connection with the performance of the terms of the Contract. The deductible is not to exceed Five Thousand ($5,000) or as agreed to by the Owner. (c) Professional liability insurance in an amount not less than One Million Dollars ($1,000,000) per claim covering losses arising out of an insurable error or omission in the rendering of, or failure to render, professional services in connection with the Contract. If requested confirmation of Professional Liability insurance is to be provided on the Primary Insurers form. The deductible is not to exceed Five Thousand ($5,000) or as agreed to by the Owner. (d) _X_ The Contractor shall provide Broad Form (all risk) covering Construction Equipment used by the Contractor for the performance of the Work including costs to cleanup and restore property damaged by sudden and accidental escape of pollutants and shall be in a form acceptable to the Owner and shall not allow subrogation claims by the Insurer against the Owner. The deductible is not to exceed Five Thousand ($5,000) or as agreed to by the Owner. (e) _X_ The Contractor shall provide and maintain Environmental Impairment Liability / Contractors Pollution Liability during the term of the contract subject to limits of not less than Five Million Dollars ($5,000,000) inclusive per claim and shall include coverage for but not limited to, bodily injury including death, property damage and remediation costs which are reasonable and necessary to investigate, neutralize, remove, remediate (including associated monitoring) or dispose of soil, surface water, groundwater or other contamination. The policy shall remain in force for twelve (12) months following completion of work. The Owner shall be named as an additional insured. The deductible is not to exceed Five Thousand ($5,000) or as agreed to by the Owner. (f) The Contractor shall provide and maintain during the term of the contract Broad Form Property Insurance for all property in the care, custody or control of the Contractor. The policy shall not allow subrogation claims by the Insurer against the Owner. The deductible is not to exceed Five Thousand ($5,000) or as agreed to by the Owner. (g) The Contractor shall provide and maintain during the term of the contract Boiler & Machinery Insurance and shall have limits of not less than the replacement value of the permanent or temporary boilers and pressure vessels, and other insurable objects. Coverage shall not be less than the insurance provided by a comprehensive boiler and machinery policy. The deductible is not to exceed Five Thousand ($5,000) or as agreed to by the Owner The Contractor shall be entirely responsible for the cost of any deductible that is maintained in any insurance policy The policies shown above shall be endorsed to provide the Owner with not less than thirty (30) days written notice of cancellation, change or amendment restricting coverage. However, if for any reason the insurer, on behalf of the Contractor, Corporation of the Town of Newmarket Page 17 of 21

18 cannot endorse their policies to provide the Owner with not less than thirty (30) days written notice of change or amendment restricting coverage, the responsibility thereof shall automatically transfer to the Contractor and becomes the Contractor s strict obligation to deliver to the Owner by registered mail with not less than thirty (30) days written notice of change or amendment restricting coverage The Contractor shall not commence work under the Contract until such time as evidence of insurance, preferably, on the Owner s Certificate of Insurance form has been completed and filed with and approved by the Owner. The Contractor shall provide evidence of the continuance of this insurance at each policy renewal date, or notice if the policies have been amended, or extended all or any part of the insurance, for the duration of the contract. If required by the Owner, the Contractor shall provide certified true copy(s) of the policy(s) certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the work If the Contractors fails to maintain insurance as required by the Contract the Owner shall have the right to provide and maintain such insurance and give evidence to the Contractor. The Contractor shall pay the cost thereof to Owner on demand or the Owner may deduct the cost from the amount which is due to or may become due to the Contractor The Owner reserves the right to request such higher limits of insurance or other types of policies appropriate to work as the Owner may reasonably require All policies shall be with insurers licensed to underwrite insurance in the Province of Ontario and shall be in a form acceptable to the Owner All policies shall apply as primary and not as excess of any insurance available to the Owner If requested the Contractor shall provide the Owner with a letter from their insurance provider confirming the Contractor s ability to meet the insurance requirements as set out in the Contract. Additional Insurance Coverage In addition to the Corporation of the Town of Newmarket the Bidder shall name as co-insured the Regional Municipality of York and. 25. Liquidated Damages It is agreed by the parties to the Contract that in case all the Work called for under the Contractor is not finished or completed within the number of Working Days or the completion date as set forth in the Form of Bid, damage shall be sustained by the Corporation and that it is and shall be impracticable and extremely difficult to ascertain and determine the actual damage which the Corporation shall sustain in the event of and by any reason of such delay and the parties hereto agree that the Contractor shall pay to the Corporation the sum of One Thousand Dollars ($ ) for liquidated damages for each calendar day delay in finishing the Work Corporation of the Town of Newmarket Page 18 of 21

19 in excess of the number of Working Days or the completion date prescribed and it is agreed that this amount is an estimate of the actual damage to the Corporation which shall accrue during the period in excess of the prescribed completion date or the number of Working Days. Corporation may deduct any amount due under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other right, claim, action or any other remedy that may be available to the Corporation. Extension of Contract time may be considered by the Contract in accordance with the provisions of the General Conditions of Contract. END OF PART I: SPECIFIC Corporation of the Town of Newmarket Page 19 of 21

20 I: SCHEDULE OF PLANS, SPECIFICATIONS AND DOCUMENTS: The Work specified in this Contract will be performed in strict accordance with the following Plans, Specifications and Documents: General Conditions CCDC2 General Conditions Supplemental Conditions to CCDC2 General Conditions (contained in Appendix 1) Specifications Appendix 1 - Specifications Plans and Standard Drawings Appendix 2 Architectural Appendix 3 Electrical Appendix 4 Mechanical End of Part II: Schedule of Plans, Specifications and Documents The Corporation of the Town of Newmarket Page 20 of 21

21 II: PREVIEW OF ON-LINE BIDDING SYSTEM SCHEDULES Please find below a preview only of certain schedules (collectively, Schedules ) that will need to be completed online only through the Bidding System by the Bidder as part of your Bid submission. The Bidder acknowledges that the preview below is provided as a courtesy only (to assist the Bidder in determining the size and scope of the project, etc.) and shall not be relied upon in any way Please note that the Schedules shown below are subject to change/addition/deletion by addendum(s) issued by the Owner. Following the issuance of each addendum, such changes may be reflected in the electronic Schedules to be completed, but will not be reflected in this document. It is the Bidder s responsibility to review all addendums and ensure that the Bid is submitted based on the current requirements.. For greater certainty, the Bidder shall submit their Bid by completing all Schedules and fields in the online Bidding System. Any Bid submitted on the basis of the preview Schedules below may in the Owner s sole discretion, be disqualified and rejected on the basis of being incomplete. The Corporation of the Town of Newmarket Page 21 of 21

22 T Magna Centre Southlake Renovation Issue Date: January 12, :00 AM Closing Date: January 30, :00 PM

23 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. HST is additional. In lawful money of Canada. The first table is a Summary Table which provides your Sub-Total for each pricing table and also indicates whether or not the table is mandatory or not. Asterisk s within the table denotes a MANDATORY line item. If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank. Do not enter a $0.00 dollar value unless you are prepared to provide the line item at zero dollars to the Owner. If a table is NON-MANDATORY and you are bidding on it, you must bid on all line items with an asterisk. If there are multiple tables, you must click the "EDIT PRICING" button inside the Summary Table to display the applicable Pricing Table that you wish to bid on. Schedule of Prices - Lump Sum Description Quantity Unit Lump Sum Price * Extended Lump Sum Price Lump sum price for the work described (HST excluded). Itemized prices are to be included in the lump sum price. 1 Lump Sum Subtotal Contract Amount: * Schedule of Itemized Prices Line Item Description Unit Quantity Lump Sum Price * Extended Lump Sum Price 1 Itemized Price No 1: Supply and installation of New Door and Hardware, as described in Contract Documents A44-01, Sheet Notes 11 and Itemized Price No 2: Supply and installation of New Running Man Exit Lights, as described in Contract Documents: E-03, Sheet Note Itemized Price No 3: Supply and installation of New Fire Dampers, as described in Contract Documents M-02, Sheet Note 12. Lump Sum 1 Lump Sum 1 Lump Sum 1 * * * Summary Table Bid Form Schedule of Prices - Lump Sum Subtotal Contract Amount: Amount

24 References All references stated shall be for the same or similar scope as the one described in this Bid. Municipal references are preferred. For newly formed business entity including, corporations, partnerships and sole proprietors or a Contractor teaming arrangement you shall state below in the Client Column that you were not the Contractor for the named project and should state whose past experience on the named project is relevant to that reference. References Description of Project/Work * Project Ammount and Date * Client Name, Contact Name & Number * * * * Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate TBD (To Be Determined) or TBA (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. One Subcontractor name shall be indicated for each Subcontractor category. The Bidder shall state only one (1) subcontractor for each type of work Subcontractors By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their OWN FORCES. Type Of Work Subcontractor Firm Name Telephone Number * Documents Ensure your Bid submission document(s) conforms to the following: 1. The maximum file upload size is 512MB. To reduce the document size, Bidders should follow the instructions below on zipping their document(s). 2. Documents should be in PDF format. Documents should NOT be provided in any other format. In addition, do NOT upload video or audio files. You may state a web address link in your proposal submission or upload a document stating this web link for Town staff to view and/or listen to your video and/or audio information in your bid. 3. Documents should NOT have a security password, as the Owner may not be able to open the file. It is the Bidder s sole responsibility to ensure that their uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by the Owner. 4. The Owner may reject any Bid where any document(s) cannot be opened and viewed by the Owner. 5. If a Bidder requires to upload more than one (1) document, the Bidder should combine the documents into one Zipped file, as per instructions stated below. If uploading a zipped file containing more than one (1) document, please ensure each document is named, in relation to the submission format item responding to, for example, if responding to the Previous Experience category save the document as Previous Experience. To compress (or zip) a file or folder, follow these steps