FORM OF TENDER 32/2010

FORM OF TENDER 32/2010 ELECTRIC PANEL UPGRADES CANADA GAMES COMPLEX -- for the Facilities & Fleet Department -- Page 1 of 9 I/We, the undersigned, do hereby tender and offer to enter into contract with the Corporation of the City of Thunder Bay for ELECTRICAL PANEL UPGRADES at the Canada Games Complex, 420 Winnipeg Avenue, Thunder Bay, all in accordance with the attached "City Standard Terms and Conditions for Tenders and Contracts" and all the specifications and terms of the Corporation's tender which are set forth below and attached at the prices indicated in the space provided for that purpose, all to the entire satisfaction of the Manager - Materials Management or his appointed agent. The price(s) quoted INCLUDE all duty, taxes (other than GST), customs, clearances, cartage, freight and all other charges now or hereafter imposed or in force and is a Total Firm Price. Goods and Services Tax (GST) to be EXTRA. Ontario Retail Sales Tax (PST) to be INCLUDED. Goods and Services Tax (GST) must be shown separately on invoicing. Harmonized Sales Tax (HST) is applicable after July 1, 2010. A CASH DISCOUNT OF % will be allowed if accounts are paid within days after the receipt of the bill for goods that are acceptable. Terms of Payment (cash discount) will be taken into consideration as part of the award. A Mandatory Site Visit is scheduled for 10:00 a.m. Tuesday, April 27, 2010 at the job site (see Page 3 for more details). I/We offer all necessary labour, equipment and material as specified. FOR A TOTAL COMPLETE PRICE OF: $ /lot (PST Included GST Extra) Document Fee: There is a non-refundable charge of $35.00 (33.33 plus 5% GST of $1.67) for these documents payable by cheque, cash or debit card. GST Reg. No. R121396592. NOTE: This form must be completed, properly signed by an authorized official and received on or before the date and time specified, or your tender will not be considered. COMPANY NAME MAILING ADDRESS CITY POSTAL CODE PHONE NO. SIGNATURE OF AUTHORIZED OFFICIAL DATE FAX NO. PLEASE PRINT NAME E-MAIL ADDRESS CELLULAR NO. This tender will be received in DUPLICATE and on the forms provided, sealed in the envelope provided, by deposit in the locked tender box in the City MATERIALS MANAGEMENT office, P.O. Box 800, 111 S. Syndicate Avenue, Victoriaville Civic Centre, Thunder Bay, Ontario, P7C 5K4, until 12:00 noon, local time, TUESDAY, MAY, 11, 2010 and will be opened publicly in the BOARD ROOM of Materials Management Office, Victoriaville Civic Centre at 1:30 p.m. of the same day. THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED LATE TENDERS WILL NOT BE ACCEPTED

Page 2 of 9 IN GENERAL The City of Thunder Bay, Facilities & Fleet Department, requires Electrical Canada Upgrades at the Canada Games Complex, 420 Winnipeg Avenue, Thunder Bay, Ontario, all in accordance with the attached Specifications, Scope of Work, Drawings, and General Terms and Conditions. Construction must include all materials and labour required for a complete installation ready to operate. The successful contractor shall be responsible for the supply, delivery, installation, testing and training (if applicable). Contractor must complete the installation in a complete and operable manner. First class quality workmanship and material are required throughout. No defective, unsound or improper material for workmanship shall enter into the work or be brought on the premises. Where specific items are specified in regards to manufacturer and model, the Corporation will consider approved equivalents providing the make and model being offered are equal to or exceed the items being asked for in regards to design, quality, material, and performance. The equipment shall be new and the latest models available including the latest modifications available at the time of purchase. The specifications in this tender request are the basic minimum requirements that are necessary to obtain the desired performance, reliability and low cost of operation and maintenance. Alternate products will only be reviewed if submitted to the Contract Administrator five (5) calendar days before bid closing. The Contractor shall request in writing and submit full documentation of product that is requested to be an alternate. All plan holders will be notified by means of an addendum of any alternates that are approved. The City shall be the sole judge as to the acceptability of any alternative offered without recourse or penalty. The Corporation reserves the right to be the sole judge of the acceptability of any equipment/material/service, and to purchase the equipment/material/service, which in its opinion most closely meets the operating requirements of the using department. The Corporation also reserves the right to award different options, combinations of the options, as deemed necessary. Basis of award of this tender is subject to budget availability. TENDER DEPOSIT Each supplier shall include a TEN PERCENT (10%) tender deposit in the form of a Certified Cheque, Bid Bond and Consent of Surety in form of a signed and sealed letter from a surety company, or an Irrevocable Unconditional Bank Letter of Credit, payable to The Corporation of the City of Thunder Bay. No interest shall be payable. Failure to include such tender deposit shall result in the tender not being considered. The tender deposit of the successful tenderer (if in bid bond form) shall be exchanged for a Certified Cheque, Performance Bond & Labour and Materials Bond in the amount of 50% of the contract or an Irrevocable Unconditional Bank Letter of Credit, upon the award of the contract. Tender deposits shall be returned to unsuccessful bidders within a reasonable time after consideration and award of the contract. The tender deposit of the successful tenderer shall be held until satisfactory completion of all work. ACKNOWLEDGEMENT OF ADDENDA (IF APPLICABLE) All bidders are to indicate and confirm the following on the line below: Number of Addenda received:

Page 3 of 9 MANDATORY SITE VISIT AND MEETING A one time only Mandatory Site Visit is scheduled for: TUESDAY, APRIL 27, 2010 at 10:00 a.m., local time at THE CANADA GAMES COMPLEX 420 Winnipeg Avenue Thunder Bay, Ontario (at the job site) (meet in the main lobby) Bidders must register (sign-in) with the City representative conducting the site meeting. Failure to attend and to register (sign-in) will result in your bid being disqualified. MANDATORY SITE VISIT Each tenderer must visit the site of the work before submitting his tender and must satisfy himself by personal examination as to the local conditions to be encountered during the design, delivery, installation, and commissioning of the work. He shall make his own estimate of the difficulties to be encountered. He is not to claim at any time after submission of its tender that there was any misunderstanding of the terms and conditions of the contract relating to site conditions. All interested parties are asked to meet with: Mike Noonan, AG Engineering (or designate) phone: (807) 622-3654 Fax: (807) 622-3633 and/or Franco Marchese, Supervisor Facilities Services (or designate) Ph: (807) 626-6796 Fax: (807) 345-1909 If further technical specifications are required, please contact: Mike Noonan, AG Engineering (or designate) 1111 E. Victoria Avenue, 2 nd Floor phone: (807) 622-3654 Fax: (807) 622-3633 E-Mail: mike@agpeng.com Any and all changes will be issued by Materials Management in the form of a written addendum. If addenda are issued, their receipt must be acknowledged by the contractor in the appropriate section of the tender document. The City will assume no responsibility for oral instructions or suggestions. Addenda will be provided to all who have registered with Materials Management and will also be posted on the City s website under Bid Opportunities www.thunderbay.ca/materials.

Page 4 of 9 ATTACHED are the following Specifications, Scope of Work and Drawings: Specifications AG Engineering Moulded Case Circuit Breakers (1 page) Specifications AG Engineering Panelboards Breaker Type (2 pages) Specifications AG Engineering Common Work Results For Electrical (3 pages) Drawings E1 & E2 (2 pages) AG Engineering Undertaking to Comply - Attachment A Certificate of Insurance Standard Terms and Conditions for Tenders and Contracts Normal Hours of Work at the Job Site: Monday to Friday - 8:00 a.m. - 4:30 p.m. (or as arranged by the City Representative in charge) JOB COMMENCEMENT AND COMPLETION Job commencement and completion of this contract is of the essence and is to be as soon as possible after award of tender. I/We hereby estimate to commence the job in calendar days after notification of award of tender and complete within calendar days. It is anticipated the award will be made within five (5) calendar days of the closing of this tender. JOB SCHEDULING All work is to be scheduled by contacting: Mike Noonan, AG Engineering (or designate) phone: (807) 622-3654 Fax: (807) 622-3633 and/or Franco Marchese, Supervisor Facilities Services (or designate) Ph: (807) 626-6796 Fax: (807) 345-1909

Page 5 of 9 GENERAL CONDITIONS / REQUIREMENTS (where applicable) PERMITS The Contractor will be responsible for all applicable permits. All contracts for construction projects for which a building permit is required must specify the following: 1) The party responsible for obtaining the building permit. 2) That no work shall be started until the required building permit has been issued. Issuance of the building permit should be confirmed at the pre-construction meeting. 3) The party responsible for calling for all required inspections. 4) That the building shall not be occupied until the required occupancy permit has been issued. 5) That the final payment will not be released until the final inspection has been completed and any deficiencies corrected, to the satisfaction of the Building Division. TENDER EVALUATION For purposes of tender evaluation the total cost of the base price as specified in the tender, excluding options, will be considered, although optional items may be added or deleted as deemed necessary by the Corporation. RE: BUILDER'S RISK INSURANCE On all contracts pertaining to Renovations/Additions to EXISTING City owned buildings where the contract amount is $50,000.00 or more, the Corporation of the City of Thunder Bay will purchase the Builder's Risk Insurance in accordance with Section 11.1.1 of the stipulated Price Contract Document CCDC 2, 1994. The contractor shall be responsible for payment of deductible on all claims. The Builder's Risk Insurance does not apply to the construction of new buildings. The deductible shall be $2,500.00. CANCELLATION OF CONTRACT The City reserves the right to terminate the contract without notice if due to non-performance and unsatisfactory service and unsatisfactory product performance. The City reserves the right to call in alternate supplier if the tenderer is unable to provide the service when it is requested. WITHHOLD OF PAYMENT The City of Thunder Bay may withhold any or all payments to the Contractor or portions thereof if circumstances where the Contractor is considered by the City or Contract Administrator to be unreasonably in default of specified times for completion of the work. WORK DELAYS If the Contractor is delayed in the performance of the Work by labour disputes, strikes, lock-outs (including lockouts decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), fire, unusual delay by common carriers or unavoidable casualties, or without limit to any of the foregoing, by a cause beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner. AWARDS The City of Thunder Bay, unless it otherwise states, reserves the right to award by item, or part thereof, groups of items, or all items of the tender, and to award contracts to one or more tenderer submitting identical tenders as to price; to reject any and all submissions in whole or in part; to waive technical defects, irregularities and omissions, if in so doing, the best interest of the City will be served. SITE INSPECTION Failure to attend the site inspection does not relieve the successful bidder from doing a complete and proper job. NOTE: SAFETY FOOTWEAR MUST BE WORN AT JOB SITE INSPECTION. It is understood that the contractor has, before submitting his tender, visited the site of the work, has made a careful study of the work to be done and has thoroughly familiarized himself with the existing conditions. INTENT OF SPECIFICATIONS

Page 6 of 9 Should any work or materials be required which are not detailed in the specifications, either directly or indirectly, but which are nevertheless necessary for the proper carrying out of the intent hereof, the contractor is to understand the same to be implied and required, and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. No after claim will be allowed or entertained for obstructions or work necessary to fully complete the work whereon said contractor made tender. PROGRESS AND COMPLETION The contractor shall commence the work immediately upon receiving notice of award of the contract and shall complete the work in accordance with the specifications within a reasonable period. INSURANCE AND INDEMNIFICATION The successful proponent shall, at its own expense, obtain and maintain until the termination of the contract, and provide the City with evidence of: Comprehensive general liability insurance on an occurrence basis for an amount not less than Two Million ($2,000,000 dollars) and shall include the City as an additional insured with respect to the City s operations, acts and omissions relating to its obligations under this Agreement, such policy to include non-owned automobile liability, personal injury, broad form property damage, contractual liability, owners' and contractors' protective, products and completed operations, contingent employers liability, cross liability and severability of interest clauses; Automobile liability insurance for an amount not less than Two Million ($2,000,000) dollars on forms meeting statutory requirements covering all vehicles used in any manner in connection with the performance of the terms of this Agreement. The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the effective date of cancellation or expiry. The City reserves the right to request such higher limits of insurance or other types of policies appropriate to the work as the City may reasonably require. The successful proponent shall not commence work until such time as evidence of insurance has been filed with and approved by the Manager Materials Management for the City. The successful Firm shall further provide that evidence of the continuance of said insurance is filed at each policy renewal date for the duration of the contract. The successful proponent shall indemnify and hold the City harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any acts or omissions either in negligence or in nuisance whether wilful or otherwise by the bidder, it s agents, officers, employees or other persons for whom the bidder is legally responsible. CERTIFICATES REQUIRED: (From Successful Contractor Only) (if applicable) Prior to the commencement of any work under this contract the contractor will file with the City, to the attention of the Manager - Materials Management a Certificate of Insurance and Certificate Undertaking to Comply (Contractor Safety Policy) and WSIB Clearance. WORKPLACE SAFETY & INSURANCE ACT (From Successful Contractor Only) (if applicable) The Contractor shall also furnish evidence of compliance with all requirements of the Workplace Safety & Insurance Act. Independent operators will need CONFIRMATION from the Workplace Safety & Insurance Board (WSIB). i.e. i) Certificate of Clearance ii) Letter of Good Standing iii) Independent Operator Letter IN REFERENCE TO WORKPLACE SAFETY & INSURANCE ACT (From Successful Contractor Only) (if applicable) The Corporation of the City of Thunder Bay requires all contractors and independent operators to have a Status Ruling done from the WSIB prior to any work being carried out for the Corporation.

Page 7 of 9 The Corporation may not issue a purchase order to any contractor or independent operator until "Confirmation" from the WSIB is received. If further information on WSIB is required, please contact the local WSIB at 343-1710. Contractors or independent operators are to STATE if "Confirmation" and "Status Ruling" has been received from the WSIB. STATE: CONTRACTOR'S UNDERSTANDING It is understood and agreed that the contractor has by careful examination, satisfied himself as to the nature and location of the work, the quality and quantity of materials to be encountered, the character of equipment and facilities needed in the completion of the work. PUBLIC CONVENIENCES AND CONDITION OF SITE During the performance of the work it shall be the contractor's responsibility to protect and not interfere with the public. The contractor shall not deposit any material upon any sidewalks, boulevards, etc., but must remove all rubbish and other material, clean up and thoroughly restore all such places to as good and tidy a condition as found. PERMITS All construction under this contract must be in strict accordance with all applicable federal, provincial and municipal codes and by-laws. PROTECTION OF EXISTING WORKS In carrying out the works from their inception and until final acceptance, the contractor must be careful to cause as little injury or damage as possible to any adjacent property, public or private or to any sidewalk, roadways, curbs, boulevards, sodding, trees, shrubs, or any other structures in the vicinity and must make good the same at his own expense. CLEANING UP The contractor shall leave the site of the work in a clean, tidy condition and completely free of any debris which may have accumulated from his construction activities. HEALTH AND SAFETY All work performed under this contract shall be in conformity with the Occupational Health & Safety Act, Regulation 691, R.S.O. 1980 - Chapter 321 and latest revisions thereof and with the Corporate Safety Standards and Policies of the City of Thunder Bay. all persons working on City contracts shall be required to wear personal safety equipment at all times. ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES The Bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The Bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the City of Thunder Bay must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. Prior to the commencement of any work the successful contractor/consultant shall furnish evidence of compliance with the Accessibility for Customer Service Regulation 429/07 Section 6; Training for staff. (The City of Thunder Bay may, at its discretion provide training.) SAFETY REGULATIONS All personnel on the job site must be wearing: Safety Footwear, CSA Class 1 with sole protection ( Green Patch ) Safety Hard Hat Face Shield and Work Gloves (where applicable) Hearing Protection (where applicable) Safety Vests (where applicable) shall be worn, safety vests shall be reflective fluorescent and coloured blaze orange or red. Failure to comply with Safety Regulations may result in the immediate cancellation of this contract.

Page 8 of 9 WHMIS All work performed must comply with WHMIS Legislation & Regulations. WARRANTY The contractor, at his own expense, is to amend and make good any faults in work arising from improper or defective materials or workmanship which may appear within a minimum of one (1) calendar year from the date of the final inspection. (Where manufacturer's warranties are of a longer duration, the extended time period shall be honoured by the successful bidder. STATE AND/OR CONFIRM WARRANTY: TESTS (if applicable) All necessary tests are the responsibility of the contractor. Experienced personnel to be on site during start-up operations and testing. Such tests are to be at NO EXPENSE TO THE CITY. SAFETY FEATURES (if applicable) The equipment supplied must meet all provincial and federal regulations which are in effect on the date of manufacture of the unit. C.S.A. AND ONTARIO HYDRO APPROVED (if applicable) All equipment supplied must be approved by the Canadian Standard Association and Ontario Hydro and bear labels as such. (IF APPLICABLE) Bidders are asked to LIST the various equipment, materials, model numbers, brands and manufacturers of such being offered. UTILITY LOCATES Where applicable, any and all Utility Locates are the responsibility of the successful bidder and must sign all required documentation. EXTRA WORK All extra work over and above this contract must be authorized in writing by an authorized City Representative.

Page 9 of 9 LIST CURRENT OR PAST PROJECTS OF SIMILAR CAPACITY AND THE LOCATIONS WHERE THEY WERE PERFORMED. PLEASE PROVIDE CONTACT NAMES AND PHONE NUMBERS AND SOME DESCRIPTION OF THE LENGTH OF OPERATION AND SCALE. 1) 2) 3) THE CITY WEBSITE ADDRESS FOR BID OPPORTUNITIES LISTINGS IS: www.thunderbay.ca/materials