wx.toronto.ca · Michael Pacholok, Cheif Purchasing Officer City Hall,18 Purchasing and Materials...

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Michael Pacholok, Cheif Purchasing Officer Purchasing and Materials Management Division City Hall,18 th Floor, West Tower 100 Queen Street West Toronto, Ontario M5H 2N2 Sabrina Dipietro , Manager (A) Construction Services December 5, 2018 NOTICE TO POTENTIAL PROPONENTS Request for Proposal No. 9117-18-7247 For: Professional Consulting Services for 30 Dee Avenue Consolidation Two-Envelope System Please review the attached document and submit your Proposal to the address noted below by the closing deadline of 12:00 noon (local Toronto time) on January 7, 2019 Proposals will not be considered unless: Received by the date and time specified above; and Received at the address specified below. Submission by facsimile or e-mail is not acceptable. Only the names of the firms submitting Proposals will be read aloud at the public opening on the date of closing. IMPORTANT NOTICE – Transition to City's new Source-to-pay tool – SAP Ariba As of September, 2018, the City of Toronto will launch an online Source-to-Pay tool utilizing SAP Ariba and begin to migrate the City's Solicitations (RFQs, RFPs etc.) from being posted on the City's Online Call Document System to being posted through SAP Ariba. It is important for all Suppliers to register on the SAP Ariba network in order to continue to be able to access City of Toronto Solicitations. For more information on this transition please visit: Upcoming Changes to Bidding on City Contracts Any questions about this transition should be directed to City Bids at: [email protected] Site Meeting Requirements: Required: (yes/no) YES Attendance Requirement: (mandatory/voluntary) MANDATORY Date: December 17, 2018 Time: 1:30 to 3:00p.m. Location: 30 Dee Avenue, North York, ON M9N1S9 Deadline for Questions (must be in writing): December 18, 2018 at 12:00 p.m. (noon local time) Deadline for Issuance of an Addenda December 20, 2018 at 4:00 p.m. (noon local time) City Contact: Marie Reid, Senior Corporate Buyer Purchasing and Materials Management Division (t) 416-397-5187 (f) 416-397-7779 (e) [email protected] VIEWING COPY

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Page 1: wx.toronto.ca · Michael Pacholok, Cheif Purchasing Officer City Hall,18 Purchasing and Materials Management Division th Floor, West Tower 100 Queen Street West Toronto, Ontario M5H

Michael Pacholok, Cheif Purchasing Officer

Purchasing and Materials Management Division City Hall,18th Floor, West Tower 100 Queen Street West Toronto, Ontario M5H 2N2

Sabrina Dipietro , Manager (A) Construction Services

December 5, 2018

NOTICE TO POTENTIAL PROPONENTS

Request for Proposal No. 9117-18-7247 For: Professional Consulting Services for 30 Dee Avenue Consolidation

Two-Envelope System Please review the attached document and submit your Proposal to the address noted below by the closing deadline of 12:00 noon (local Toronto time) on January 7, 2019 Proposals will not be considered unless: Received by the date and time specified above; and Received at the address specified below. Submission by facsimile or e-mail is not acceptable. Only the names of the firms submitting Proposals will be read aloud at the public opening on the date of closing.

IMPORTANT NOTICE – Transition to City's new Source-to-pay tool – SAP Ariba

As of September, 2018, the City of Toronto will launch an online Source-to-Pay tool utilizing SAP Ariba and begin to migrate the City's Solicitations (RFQs, RFPs etc.) from being posted on the City's Online Call Document System to being posted through SAP Ariba. It is important for all Suppliers to register on the SAP Ariba network in order to continue to be able to access City of Toronto Solicitations. For more information on this transition please visit: Upcoming Changes to Bidding on City Contracts Any questions about this transition should be directed to City Bids at: [email protected]

Site Meeting Requirements: Required: (yes/no) YES

Attendance Requirement:

(mandatory/voluntary)

MANDATORY

Date: December 17, 2018 Time: 1:30 to 3:00p.m.

Location: 30 Dee Avenue, North York, ON M9N1S9

Deadline for Questions (must be in writing):

December 18, 2018 at 12:00 p.m. (noon local time)

Deadline for Issuance of an Addenda

December 20, 2018 at 4:00 p.m. (noon local time)

City Contact: Marie Reid, Senior Corporate Buyer

Purchasing and Materials Management Division (t) 416-397-5187 (f) 416-397-7779

(e) [email protected]

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For convenience you may affix the following address label to the envelope(s) containing your submission. --------------------------------------------------------------------------------

COMPANY NAME:

RFP NO.: 9117-18-7247 CLOSING DEADLINE: 12:00 Noon

(local Toronto time)January 7, 2019

DELIVER TO: Chief Purchasing Officer Purchasing and Materials Management Division 18th Floor, West Tower, City Hall 100 Queen Street West Toronto, ON, M5H 2N2

The Purchasing and Materials Management Division will not be held responsible for submission documents submitted in envelope(s) that are not labelled in accordance with the above instructions.

Tenders/RFQ/RFP/Sales/Disposals are advertised on the City of Toronto Website: www.toronto.ca/purchasing

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Professional Consulting Services for 30 Dee Avenue Consolidation City of Toronto RFP No. 9117-18-7247

ECS Version 1.4 – July 2018 i

Table of Contents

  GENERAL INFORMATION ................................................................................. 1 

  REFERENCES TO LABELLED PROVISIONS .................................................... 1   DEFINITIONS ...................................................................................................... 1   INTERPRETATION .............................................................................................. 3   PROPOSAL PROCESS ....................................................................................... 3   MANDATORY SITE INFORMATION MEETING .................................................. 3   SOCIAL PROCUREMENT ................................................................................... 4   GENDER DIVERSITY IN CITY PROCUREMENTS ............................................. 4 

  SCOPE OF WORK .............................................................................................. 5 

  FACILITY / PROJECT BACKGROUND ............................................................... 5   PROJECT OVERVIEW ........................................................................................ 5   PROJECT ELEMENTS ........................................................................................ 6   GENERAL PROJECT REQUIREMENTS ............................................................ 6   PRELIMINARY DESIGN ENGINEERING SERVICES ......................................... 8   DETAILED DESIGN ENGINEERING SERVICES ................................................ 8   SERVICES DURING CONSTRUCTION ............................................................ 10   SERVICES DURING TESTING AND COMMISSIONING .................................. 10   POST CONSTRUCTION SERVICES ................................................................ 11   SUMMARY OF PROJECT SUBMISSIONS ....................................................... 11   ALTERNATIVES SUGGESTED BY PROPONENT ........................................... 12 

  PROPOSAL SUBMISSION ............................................................................... 13 

  SUBMISSION OVERVIEW ................................................................................ 13   PROPOSAL DOCUMENTATION ....................................................................... 13   PROPOSAL DELIVERY ..................................................................................... 14   TECHNICAL PROPOSAL CONTENT ................................................................ 14 

  PROPOSAL EVALUATION AND SELECTION ................................................ 24 

  SELECTION COMMITTEE ................................................................................ 24   SELECTION CRITERIA ..................................................................................... 24   SELECTION PROCESS .................................................................................... 25   CLARIFICATIONS ............................................................................................. 25   INTERVIEW ....................................................................................................... 25   EVALUATION RESULTS ................................................................................... 26   NEGOTIATIONS AND AGREEMENTS ............................................................. 26   CONSULTING AGREEMENTS / PURCHASE ORDERS ................................... 27   INSURANCE ...................................................................................................... 27 

  COST OF SERVICES ........................................................................................ 29 

  COST OF SERVICES DOCUMENTATION AND DELIVERY ............................. 29   COST OF SERVICES SUBMISSION CONTENT – GENERAL .......................... 29   BASE SCOPE OF WORK .................................................................................. 30   PROVISIONAL ALLOWANCES ......................................................................... 31   SERVICES DURING CONSTRUCTION – WEEKLY RATE ............................... 32   ALTERNATIVES SUGGESTED BY PROPONENT ........................................... 33 

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Professional Consulting Services for 30 Dee Avenue Consolidation City of Toronto RFP No. 9117-18-7247

ECS Version 1.4 – July 2018 ii

  PAYMENTS FROM COST OF SERVICES PROPOSAL .................................... 33   PAYMENTS FOR PROVISIONAL ALLOWANCES ............................................ 34   PAYMENTS FOR CONTINGENCY ALLOWANCE ............................................ 34   CURRENCY ....................................................................................................... 34   TAXES ............................................................................................................... 34 

  CITY RESPONSIBILITIES ................................................................................ 35 

  GENERAL .......................................................................................................... 35 

  REFERENCES .................................................................................................. 35 

  CURRENT STUDIES AND DESIGN AND CONSTRUCTION PROJECTS ........ 35   CITY REFERENCE DOCUMENTS AND STANDARDS .................................... 35   PROFESSIONAL SERVICES PERFORMANCE EVALUATION ........................ 36 

  APPENDIXES .................................................................................................... 37 

APPENDIX A – STANDARD PROJECT SCOPE REQUIREMENTS A.1 General Requirements A.2 Health and Safety (including Designated Substances) A.3 Approvals A.4 Drawings and Standards A.5 Class EA A.6 Studies A.7 Pre-Design A.8 Detailed Design A.9 Construction and Commissioning (including Inspection Reports) A.10 Post Construction and Warranty A.11 Electrical System A.12 Process Control System (PCS) A.13 Work Management System (WMS) Entity Information Worksheet (EIW) A.14 Energy Management Plan (EMP)

APPENDIX B - RFP PROCESS TERMS AND CONDITIONS

APPENDIX C - SUBMISSION FORMS

APPENDIX D - SPECIMEN CONTRACT AGREEMENT, INCLUDING INSURANCE FORMS

APPENDIX E - PROJECT REFERENCE MATERIAL - CD

 

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Professional Consulting Services for 30 Dee Avenue Consolidation City of Toronto RFP No. 9117-18-7247

ECS Version 1.4 – July 2018 Page 1

GENERAL INFORMATION REFERENCES TO LABELLED PROVISIONS

Each reference in this Request for Proposal to a numbered or lettered “section”, ”subsection“, “paragraph, “subparagraph”, “clause” or “sub clause” shall, unless otherwise expressly indicated, be taken as a reference to the correspondingly labelled provision of this Request for Proposal (RFP).

DEFINITIONS Throughout this Request for Proposal, unless inconsistent with the subject matter or context:

"Addendum" or "Addenda" means any document or documents issued by the City prior to the Closing Deadline that changes the terms of the RFP or contains additional information related to the RFP.

"Affiliated Person" means everyone related to the Proponent including, but not limited to employees, agents, representatives, organizations, bodies corporate, societies, companies, firms, partnerships, associations of persons, parent companies, and subsidiaries, whether partly or wholly-owned, as well as individuals, and directors, if:

a. Directly or indirectly either one controls or has the power to control the other; or

b. A third party has the power to control both.

"Agencies and Corporations" refer to bodies and organizations that have a direct reporting or funding relationship with the City of Toronto or Council. The list of current organization name and contact of agencies and corporations to be considered under this RFP is available from the following page on the City's website www.toronto.ca/abcc

“Agreement” means any written contract between the City and a Proponent, or any Purchase Order issued by the City to the Vendor, with respect to any Services contemplated by this RFP, and shall be deemed to include the terms and conditions for the provision of Services as set out in this RFP.

“City” means the City of Toronto.

"City Contact" means the City employee(s) designated as City Contact on the Notice to Potential Proponents for all matters related to the RFP call process.

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

a. in relation to the RFP process, the Proponent 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 or having access to information in the preparation of its Proposal that is confidential to the City and not available to other Proponents; (ii) communicating with any person with a view to influencing preferred treatment in the RFP process including the giving of a benefit of any kind, by or on behalf of the Proponent 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 RFP process and render that process non-competitive and unfair; or

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

"Consultant" means the Vendor performing the work in accordance with the signed Agreement.

“Council” means City Council.

"EVA Report" stands for Earned Value Analysis Report.

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Professional Consulting Services for 30 Dee Avenue Consolidation City of Toronto RFP No. 9117-18-7247

ECS Version 1.4 – July 2018 Page 2

"Diverse Supplier" means any business or enterprise that is certified by a Supplier Certification Organization to be:

a. More than 51% (majority) owned, managed and controlled by persons belonging to an equity-seeking community; or

b. A social purpose enterprise whose primary purpose is to create social, environmental or cultural value and impact, and where more than 50% of the persons who are fulltime equivalent employees or are participating in, or have completed, transitional employment training, experience economic disadvantage.

"Equity-seeking Community" is a group that experiences discrimination or barriers to equal opportunity, including women, Aboriginal People, persons with disabilities, newcomers/new immigrants, LGBTQ+ people, visible minorities/racialized people, and other groups the City identifies as historically underrepresented.

"General Manager" means the General Manager of Toronto Water Division

“HST” means Harmonized Sales Tax.

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

“may” and “should” used in this RFP denote permissive (not mandatory).

“must”, “shall” and “will” used in this RFP denote imperative (mandatory), meaning Proposals not satisfying imperative (mandatory) requirements will be deemed to be noncompliant and will not be considered for contract award.

“Project Manager” means main contact person at the City for all matters relating to the project.

“Proponent” means a legal entity, being a person, partnership or firm that submits a Proposal in response to a formal Request for Proposal. If two or more legal entities wish to submit a Proposal as a consortium, one member of the consortium must be identified as the Proponent with whom the City may enter into an Agreement, and the other member(s) must be identified as subcontractors to that Proponent.

“Proposal” means an offer submitted by a Proponent in response to a formal Request for Proposal (RFP), which includes all of the documentation necessary to satisfy the submission requirements of the RFP.

“RFP” means this Request for Proposal package in its entirety, inclusive of all Appendices and any bulletins or Addenda that may be issued by the City.

“Services” means all services and deliverables to be provided by a Vendor as described in this RFP.

“Solution” means a set of goods and services meeting the City’s requirements, as set out in this RFP.

"Supplier Certification Organization" is a non-profit organization recognized by the City of Toronto that certifies businesses and enterprises as Diverse Suppliers by assessing them using established, consistent criteria. Recognized Supplier Certification Organizations include:

a. Canadian Aboriginal and Minority Supplier Council

b. Canadian Gay and Lesbian Chamber of Commerce

c. Social Purchasing Project

d. Women Business Enterprise Canada

e. Canadian Council for Aboriginal Business

"Supplier Code of Conduct" means business ethical standards contained in Article 13 Chapter 195, Purchasing, of the Toronto Municipal Code.

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Professional Consulting Services for 30 Dee Avenue Consolidation City of Toronto RFP No. 9117-18-7247

ECS Version 1.4 – July 2018 Page 3

"Sub-Consultant" means a separate provider of specialized engineering or technical services that may be procured by the consultant, or directly by the City.

"Vendor" means the successful Proponent with whom the City enters into an Agreement.

"Workforce Development" means a relatively wide range of activities, policies and programs to create, sustain and retain a viable workforce that can support current and future business and industry. It is an approach that integrates career exploration, industry–driven education and training, employment, and career advancement strategies, facilitated by the collaboration between employers, training and education institutions, government, and communities.

INTERPRETATION

In this RFP and in the Agreement, unless the context otherwise necessitates:

a. Any reference to an officer or representative of the City shall be construed to mean the person holding that office from time to time, and the designate or deputy of that person, and shall be deemed to include a reference to any person holding a successor office or the designate or deputy of that person;

b. A reference to any Act, bylaw, rule or regulation or to a provision thereof shall be deemed to include a reference to any Act, bylaw, rule or regulation or provision enacted in substitution thereof or amendment thereof;

c. All amounts are expressed in Canadian dollars and are to be secured and payable in Canadian dollars;

d. All references to time shall be deemed to be references to current time in the City;

e. A word importing only the masculine, feminine or neutral gender includes members of the other genders; and a word defined in or importing the singular number has the same meaning when used in the plural number, and vice versa;

f. Any words and abbreviations which have well-known professional, technical or trade meanings, are used in accordance with such recognized meanings;

g. All accounting terms have the meaning recognized by or ascribed to those terms by the Canadian Institute of Chartered Accountants; and

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

PROPOSAL PROCESS

The process is governed by the terms and conditions in Appendix “B”.

MANDATORY SITE INFORMATION MEETING

A mandatory site meeting will be held on December 17, 2018 at 1:30 p.m. at 30 Dee Avenue, North York, ON M9N 1S9. The City encourages proponents visiting laboratory for site meeting to park in the mall close to Dee Ave along Weston Road or other places.

Interested Proponents must attend the site information meeting to familiarize themselves with the project and ascertain the full extent of the work required.

Proposals submitted by Proponents that did not attend the mandatory site information meeting shall be declared non-compliant and will not be considered.

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Attendees shall meet outside the main building entrance and wait until they are escorted to the meeting room by project staff. A brief overview of the project will be provided by the City prior to walking through the proposed work areas.

Attendees shall meet outside the security booth and wait until they are escorted to the meeting room by project staff. A brief overview of the project will be provided by the City prior to walking through the proposed work areas.

Individuals attending must provide and wear their own hard hats, safety boots (minimum CSA green patch) and reflective vests.

Individuals attending the meeting must sign in at the meeting and clearly indicate on the sign in sheet the name of the firm they are representing.

SOCIAL PROCUREMENT

The goal of the City of Toronto Social Procurement Program is to drive inclusive economic growth in Toronto by improving access to the City's supply chain for diverse suppliers and leverage employment, apprenticeship and training opportunities for people experiencing economic disadvantage, including those from equity-seeking communities. The City of Toronto expects its Bidders to embrace and support the City of Toronto Social Procurement Program and its respective goals. Social procurement creates social value for the City in addition to the delivery of efficient goods, services, and works. The City of Toronto Social Procurement Program consists of two components: Supplier Diversity and Workforce Development.

Supplier Diversity

a. The goal of supplier diversity is to increase the diversity of the City's supply chain by providing diverse suppliers with equitable access to competitive procurement processes.

b. In accordance with Section 1.3.2 of the City of Toronto Social Procurement Policy, points will be assigned to proponents that submit information as part of their proposal that will improve supplier diversity in the City's supply chain. See section 3.4, Technical Proposal Content for more information.

Workforce Development

a. The goal of Workforce Development (WD) is to increase the number of employment, apprenticeship and training opportunities leveraged for people experiencing economic disadvantage, including those from equity-seeking communities.

b. Proponents are being asked to submit, as part of their Proposal, a Workforce Development Plan that identifies which strategies, if any, from among the categories summarized in Section 3.4.13 Subsection 9 that the Proponent is committed to deliver during term of the assignment, as well as details on the implementation of the Workforce Development Plan.

GENDER DIVERSITY IN CITY PROCUREMENTS

As part of City Council's support to enhance gender diversity on boards of corporations, all corporations conducting business with the City of Toronto are encouraged to utilize an intersectional analysis to strive to have gender parity on their corporate boards.

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Professional Consulting Services for 30 Dee Avenue Consolidation City of Toronto RFP No. 9117-18-7247

ECS Version 1.4 – July 2018 Page 5

SCOPE OF WORK FACILITY / PROJECT BACKGROUND

The Toronto Water Laboratory at 30 Dee Avenue, Toronto, ON, consists of a two storey (above grade) steel structure with complete single storey cast-in-place concrete basement that was reportedly constructed in the 1940s and augmented in 1988. The site was originally occupied by a concrete reservoir and pumping station. The reservoir was converted to a parking garage and the pumping station to a laboratory in the mid 1950's. The facilities were extensively altered and expanded in 1989 to their current arrangement. The parking garage/former reservoir occupies an area of 587 sq. m. The laboratory building consists of 1,010 sq. m on the lower levels and 789 sq. m. on the upper level.

The Environmental Monitoring and Protection (EMP) currently located on the lower floor of 30 Dee Avenue will be transferred to another Toronto Water Building. In lieu the existing laboratory and staff at 545 Commissioners Street will be transferred to 30 Dee Avenue..

The laboratory testing services are to be maintained throughout the construction activities. This may require phasing of the construction within the building or looking for temporary facilities that may require some of the testing laboratories to be relocated. The consultant, in cooperation with the City staff, is to establish the specific requirements and include the design and construction review of the alterations that may be required as part of the general contract as well. The fees for this component of the project are to be identified separately.

Applications for approvals from the Toronto Region Conservation Authority (TRCA), City of Toronto Site Plan Control, building permit, and Ministry of Environment for Ontario (MOE) for air emissions are to be made by the selected consultant. The actual cost of these approvals will be covered directly by Toronto Water. The City requires design features to meet the City of Toronto Energy Efficiency Guidelines for New Construction, and is encouraging sustainable design features within this project as part of the consultant's responsibility. The City will consider additional opportunities presented by the consultant to achieve higher levels of accreditation, however, the City is under no obligation to accept alternative designs.

Include the basement water leak mitigation as defined in the Basement Leak Investigation Report (provided in Appendix E).

PROJECT OVERVIEW

Toronto Water has identified the need to consolidate the laboratory testing facilities at 545 Commissioners Street to the existing laboratory at 30 Dee Avenue. This is to improve operational efficiencies and deal with the increased workload from various divisions. The consolidated facility should meet all current OBC standards, laboratory testing best practices, Toronto Water standards, and AODA (Accessibility for Ontarians with Disabilities Act, 2005).

The City of Toronto (City) requires the provision of professional architectural and engineering consultants demonstrating experience in laboratory design for preliminary and detailed design, preparation of tender documents, contract administration, site supervision and project management for the laboratory consolidation project.

In April 2013, the facility underwent a Building Condition Assessment by Facilities Management Division – Asset Preservation.

In March, 2018, 30 Dee Avenue underwent a Facility Condition Assessment performed by Morrison Hershfield.

For added reference, an accessibility assessment was performed for 30 Dee Avenue by Morrison Hershfield.

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ECS Version 1.4 – July 2018 Page 6

PROJECT ELEMENTS

Arrange one (1) to two (2) hour meetings with Client at 30 Dee Avenue as required to define end user needs.

Evaluate the current testing laboratory at 545 Commissioners Street, Toronto, Ontario M4M 1A5, the existing areas to be vacated by the EMP as well as the existing building at 30 Dee Avenue, North York, Ontario M9N 1S9

Prepare options for conceptual design along with respective estimated construction cost at preliminary design phase. Include the advantages and disadvantages for all options presented

Include the supply, installation, commissioning and validation of sterilizers Walk-in Coolers and Fume hoods and others as defined during design

Prepare tender design drawings and specifications of the approved option

Perform contractor prequalification

Perform contract administration during construction to final completion

Assist client in moving including laboratory equipment and validation from 545 Commissioners Street to 30 Dee Avenue

Coordination with Laboratory Operations – to minimize disruption to the facility operations, at a minimum, the following items should be discussed with City staff and addressed in the design:

a. The project will require update of the existing fire safety plan in accordance with the City of Toronto Fire Services standard. Coordinate with the facilities Environmental Health & Safety coordinator and with Toronto Fire to develop the plan

b. How to minimize disruption to the laboratory operations during construction. In a scenario involving conflict with construction operation and laboratory services, laboratory services shall take precedence.

c. A provisional allowance for relocation of laboratory staff shall be considered.

GENERAL PROJECT REQUIREMENTS

Proponents are to confirm on-site to their own satisfaction, both the accuracy of the information provided in the City’s RFP and the current site conditions prior to submission of Proposals. As-built drawings are not to be solely relied upon for design development. The requirement to meet current regulatory codes is considered to be base scope.

Installation of emergency backup generator.

The City has identified the need to provide a Building Automation System (BAS).

The City has identified the need to replace walk-in-coolers, fume hoods, and the sterilizers.

The City has identified the need to incorporate surge protection equipment within the building's electrical system in order to protect sensitive equipment and instrumentation from premature damage during electrical transients.

All proposed works must meet or exceed the laboratory testing best practices.

The renovated lab must incorporate the findings as per the FCAP (Facilities Condition Assessment Program) report as a minimum.

All existing laboratory testing services must be maintained while new facilities and interconnections with the existing facilities are constructed.

Base scope includes all the renovation required to upgrade the existing Dee Avenue Laboratory.

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All required design work associated with the proposed use of the existing facilities (whether modified or not), preparation of contract documents, tendering, contract administration and inspection are deemed to be included in the base scope.

The Vendor shall ensure that all design and construction activities are coordinated with the other active facility projects as required, and will be subject to discussions and reviews by the City.

Proponents shall prepare and provide an EVA (Earned Value Analysis) Report with each progress draw report.

Operation, access, ergonomics requirements:

a. Ergonomics and maintainability are key concerns for the City. Include specific design considerations for ergonomics, ease of use, and access for routine laboratory activities, and routine maintenance procedures performed upon building utility equipment. Optimize ease of access and travel distances through connecting platforms and stair access points. The proposed design must meet City of Toronto Ergonomics and OMP (Office Modernization Program).

b. Include specific design considerations for various building systems i.e. electrical, mechanical, lighting, health and safety equipment.

c. Conduct an ergonomics workshop with laboratory personnel and facilities operator.

Appendices – the requirements for provision of engineering services are specified in the Appendices. It is the responsibility of the Proponents to familiarize themselves and comply with the project and contractual requirements of the City, as specified in the Appendices, and to ascertain the full scope of work and the engineering services required for the project, prior to submission of the Proposal.

Appendix A.1 – includes the City’s general project requirements for project management and administration procedures.

a. Specific exceptions/modification to Appendix A.1 include:

1. Additional meetings – in addition to the project meetings required in accordance with Appendix A.1, include for:

a) Four (4) additional annual meetings (for each year of the project) with the project team. The focus of these meetings will be to address project management issues (scope, schedule, fees), issues resolution, and proactive project planning.

b) One (1) design meeting with the City's CADD staff to ensure a clear understanding of CADD-related requirements, including standards, submissions, etc.

c) One (1) design meeting with the City's PCS staff to ensure a clear understanding of the City's asset tagging systems and PCS requirements.

d) One (1) design meeting with the City's electrical engineer(s) to ensure a clear understanding of the City's electrical requirements.

e) Three (3) design meetings with the City's Corporate Security and IT staff to co-ordinate implementation of appropriate security measures into the design of all works. Design standards will be provided by the City.

f) Two (2) design meetings with the City's insurer to identify, assess, and incorporate appropriate measure to mitigate insurance risk to the City.

g) Three (3) meetings with Toronto Hydro.

b. Additional requirements to Appendix A.1 include:

1. Two (2) days for a HAZOP workshop.

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2. For many projects, the involvement of all appropriate operating staff in the design meetings may not be an effective nor efficient method for obtaining operator input. Include in your work plan for additional design workshops at key milestones to ensure their input is sought at the appropriate time. Include these workshops for each contract identified in the project scope.

Appendix A.2 – includes City requirements related to health and safety and designated substances.

a. Specific exceptions/modification to Appendix A.2 include:.

1. Section A.2.1.8: Safety equipment is to be provided by the Vendor, but paid for in accordance with Section 5.

2. Section A.2.2: DSL Management is to be undertaken by the Vendor. The co-ordination of the DSL Sub-consultant is included in the base scope of work for this assignment (Note qualification requirements for undertaking DSL investigations). Payment for the DSL Sub-consultant will be in accordance with Section 5

Appendix A.3 – includes City requirements related to approvals

Appendix A.4 – includes City requirements related to design and drawings standards.

PRELIMINARY DESIGN ENGINEERING SERVICES

Appendix A.7 – includes the City’s general requirements for preliminary design engineering services.

1. Submit Technical Memoranda (TM) on major project issues prior to preparing the predesign report. Include these TMs in the report appendices and summarize the key elements in the predesign report.

DETAILED DESIGN ENGINEERING SERVICES

Appendix A.8 – includes the City’s general requirements for detailed design engineering services.

a. Specific exceptions/modification to Appendix A.8 include:

1. No equipment is to be pre-selected or pre-purchased for this project

2. Address constructability issues and develop a construction sequence to ensure uninterrupted operation of the facility, including coordination of other ongoing projects on site. Expand upon and provide specific issues for your project.

3. Update the existing PCNs to reflect the new systems. Note that PCNs are separated by process area (as process areas identified in the tagging standard). It will be necessary to update each affected PCN. Some PCNs will be replaced, however others will only require partial changes. A new project specific PCN will be required for tender purposes so that bidders can determine the specific scope of work.

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4. Carry out risk assessment, pre-selection and recommendation of preferred supplier for

respective equipment.

5. Carry out contractor prequalification process.

b. Additional requirements to Appendix A.8 include:

1. Specify, review, and confirm work necessary for the electrical protection co-ordination study that will be produced and performed by the contractor under the construction contract.

2. Identify performance and equipment test requirements that will be imposed on the General Contractor. Discuss with operational staff the feasibility of proposed testing, and ensure all provisions are in place within the contract to permit testing and tie-ins to the existing, operational equipment.

3. It is the City's intent, wherever possible, to designate the General Contractor as Constructor for the project. To ensure that the operations staff can gain safe access to necessary equipment/facilities during construction, review the construction sequencing with City staff, with a view to identifying special project requirements to be included in the specification, that are required to provide safe, uninterrupted access to operational equipment. Prepare a separate site plan, strictly for use by the City, clearly delineating the extent of construction activities related to the project, including all work required in underground tunnels/duct banks, etc. The purpose of this site plan is to assist the City in identifying and mitigating the obligations associated with Constructor status. Chair a meeting with City staff (and others identified by the City) to obtain input on other construction projects and their phasing. Prepare a memo outlining the project overlaps and prepare recommendations to avoid or mitigate Constructor status, including staging options within this and other contracts.

4. Update the City’s hazard control plans as required for the Contract.

5. The City wishes to prequalify General Contractors and mechanical and electrical sub-trades prior to tendering. Follow the requirements of Appendix A.8. All contractors and sub-trades will be pre-qualified using the same call document.

Appendix A.11 – includes the City's general requirements for Electrical System.

Appendix A.13 – includes the City's general requirements for Work Management System (WMS)

a. Additional requirements to Appendix A.13 include:

1. Undertake separate workshops to develop/review:

a) WMS to review equipment maintenance and warranty requirements

Appendix A.14 – includes the City's general requirements for Energy Management Plan (EMP).

a. Specific exceptions/modification to Appendix A.14 include:

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1. Discuss with Client Division level of Measurement & Verification to be applied based upon the size and complexity of the project. A.14.4.2.3.a

SERVICES DURING CONSTRUCTION

Appendix A.9 – includes the City’s general requirements for services during construction and commissioning are included in Appendix A.9.

a. Specific exceptions/modification to Appendix A.9 include:

1. Provide training as identified, but for two separate work areas (i.e. double the amount of training sessions).

b. Additional requirements to Appendix A.9 include:

1. Provide project management, office staff, resident site inspection services, and other services as required to ensure the contract is executed in accordance with the plans, specifications, and intent of the project. For estimating the effort, assume a 48 month (208 week) construction period.

2. Include for an inspection team consisting of a minimum of one lead inspector and one (1) resident site inspection staff, each at 20 hours per person, per 5 day week for a total of 2080 hours. Provide full-time staffing throughout individual vacation periods. The team should be comprised of individuals having all necessary skills suitable for the various disciplines with the contract, including but limited to structural/civil, mechanical, and electrical.

3. Resident inspection staff hours allocated above, do not include for engineering services, project management, or general office administration services required to support the project during the construction phase.

4. Coordinate commissioning for the following major systems:

a) BAS/HVAC systems b) Walk-in coolers c) Autoclaves

SERVICES DURING TESTING AND COMMISSIONING

Appendix A.9 – includes the City’s general requirements for site services during testing and commissioning.

a. Additional requirements to Appendix A.9 include:

1. Coordinate with Plant Operations staff to ensure that at no time an upset or interruption to the Toronto Water Laboratory testing facilities is incurred. All laboratory operations shall maintain priority over commissioning.

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2. Monitor the activities of the Contractor for compliance with the City's vibration and noise By-laws, and with the settlement limitations of the construction contract, and report any exceedance to the Contractor and the City immediately, along with instructions in writing to resolve the problem. The specialized vibration sub-consultant (or specialized in-house staff, as the case may be) used to provide vibration consulting services during design shall review the vibration monitoring activities and reports during construction.

POST CONSTRUCTION SERVICES

Appendix A.10 – includes the City’s general requirements for post construction services are included in Appendix A.10.

SUMMARY OF PROJECT SUBMISSIONS

Table 2-1 includes a summary of major project submissions. The Proponent should note that other deliverables are also required, as specified within this document.

The City will provide written comments to each submission in a standard template provided either by the Vendor or the City. The Vendor shall respond to each comment, in writing, indicating clearly how the comment has been addressed / incorporated, whether more information is required, or provide reasons why the comment has not been incorporated.

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Table 2-1 Major Project Submissions

Submission Number of

Hard Copies

Digital Copy

Pre-Design

Pre-design Report with Construction Cost Estimate (70%, 95%, 100%) 6 1

Designated Substances and Asbestos Survey Report 6 1

Soil Investigation Report (100%) 6 1

Detailed Design

Noise Study (100%) 6 1

Tender Drawings (50%, 70%, 95%, 100%) with Construction Cost

Estimate

6 1

Tender Documents and Specifications (70%, 95%, 100%) 6 1

Pre-start Health & Safety Report at the End of Detailed Design Phase 6 1

Construction and Post-construction

Pre-start Health & Safety Report Prior to Commissioning 6 1

Commissioning Plan 6 1

Vendor Process Operations Manual (75%, 90%, 100%) 6 1

As-Built Drawings (Draft and Final) 6 1

ALTERNATIVES SUGGESTED BY PROPONENT

The City is interested in innovative solutions and will consider alternative approaches in the execution of the project.

Alternatives presented by the Proponent, but not specifically requested by the City, will be evaluated in accordance with Section 3.4.12.

Any alternative proposed must be of sufficient detail to allow the City to understand the merit(s) of the alternative and benefit(s) to the City.

The City reserves the right to accept or reject any alternative and is under no obligation to consider any alternative.

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PROPOSAL SUBMISSION SUBMISSION OVERVIEW

The City has formulated the procedures set out in this RFP to ensure that it receives Proposals through an open, competitive process, and that Proponents receive fair and equitable treatment in the solicitation, receipt and evaluation of their Proposals. The City may reject the Proposal of any Proponent who fails to comply with any such procedures.

Proposals are expected to address the RFP content requirements as outlined herein. The Proposals should be well ordered, detailed and comprehensive. Clarity of language, adherence to suggested outline, and adequate accessible documentation is essential to the City’s ability to conduct a thorough evaluation. General marketing and promotional material will not be reviewed or considered.

The City prefers that the assumptions used by a Proponent in preparing its Proposal are kept at a minimum and to the extent possible, that Proponents will ask for clarification prior to the deadline for Proponent questions rather than make assumptions. Proponents should also review sections 3 to 6 of Appendix B with respect to asking questions about the RFP.

Where a Proponent's assumptions are inconsistent with information provided in the RFP, or so extensive that the total Proposal cost is qualified, such Proponent risks disqualification by the City in the City's sole discretion.

PROPOSAL DOCUMENTATION

The documentation for each Proposal:

a. Must be submitted in a sealed envelope or container (electronic submissions will not be accepted) displaying a full and correct return address;

b. Must consist of one (1) original (clearly marked as such on its first page) and preferably Six (6) full copies and one (1) pdf version of:

1. A Main Proposal Document as described in section 3.4, including all attachments (Mandatory); and

2. Form 1 (Proposal Submission Form) completed and signed by an authorized official of the Proponent. This includes the acknowledgement of all addenda received as per Appendix C (Mandatory)

c. The Cost of Services Proposal must be submitted separately in a sealed envelope, as part of the two-envelope process. Refer to Section 5 regarding the Cost of Services Proposal. Inclusion of pricing information in the Technical Proposal will render the Proposal submission non-compliant.

d. Must not include:

1. Any qualifying or restricting statements.

2. Exceptions to the terms and conditions of the RFP that have not been approved through addendum; or

3. Additional terms or conditions.

e. Must be completed and signed in a non-erasable medium.

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f. Proponents must have attended the mandatory site/information meeting as per Section 1.5.

PROPOSAL DELIVERY

Must be delivered no later than the Closing Deadline to:

Chief Purchasing Officer

Purchasing and Materials Management Division

18th Floor, West Tower, City Hall

TORONTO, ON, M5H 2N2

Delays caused by any delivery service (including Canada Post and courier) shall not be grounds for an extension of the Deadline, and Proposals that arrive after the Deadline will not be accepted.

TECHNICAL PROPOSAL CONTENT The Technical Proposal should contain the following items.

Title Page

a. Showing RFP number, closing date and time, Proponent's name, address, email address and telephone number.

Letter of Introduction

a. Introducing the Proponent and signed by the person(s) authorized to bind the Proponent to statements made in the Proposal. The letter should be signed by the person signing the submission forms. Provide details for a contact person who will act as the Proponent’s representative for post-submission communications.

Table of Contents

a. Include page numbers, identifying all submitted materials.

Format

a. Subsections 1 through 7 should be limited to 10 pages, minimum 11 point font, single sided (or preferably printed on 10 pages double sided), with unlimited appendices.

Subsection 1 – Executive Summary

a. Summary of the key features of the Proposal.

Subsection 2 – Proponent's Profile & Corporate Experience

a. Overview of the Proponent firm(s), its history, and its future plans. Include a list of present or pending assignments with the City, if any.

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b. Proponents should have staff, organization, and an installed base adequate to ensure their ongoing ability to deliver and support the project over the period of the assignment.

c. To be evaluated fully as a viable and sound enterprise, the Proponent should include the following information, and if the submission is a joint Proposal, for each consortium member. Please note that Proposals being presented by consortiums that do not include the information requested for each consortium member, will not be awarded full marks during evaluation.

d. If the Proposal is being presented by a consortium, provide a description of the relationships between consortium members. Please note section 2 of Appendix B regarding consortiums and the requirement that there be a single Proponent.

e. A profile and summary of corporate history including:

1. Date company started

2. Products and/or services offered

3. Total number of employees

4. Major clients

5. A profile and summary of corporate history of any subsidiaries and affiliates and the nature of the Proponent’s relationship to them (i.e., research, financing and so on).

6. a copy of the Proponent's and if applicable for each consortium member, Corporate Profile Report(s) (Ontario), or equivalent official record issued by the appropriate government authority

7. Where the skills/expertise/experience are being provided by a subcontractor or other legal entity apart from the Proponent, a Proposal that does not include the information requested in Subsection 2 for each such subcontractor or other entity, will not be awarded full marks during the evaluation.

f. The Proponent should demonstrate its commitment to diversity by:

1. Describing your company's commitment to an active supplier diversity program, including providing a company approved policy related to supplier diversity and demonstrated results of the policy; and

2. Describing your company’s commitment to a pro-active employment diversity program, including providing the company approved employee diversity policy and demonstrated results of the policy.

g. Diverse Supplier: If the proponent is certified by a Supplier Diversity Organization, the Proponent should provide evidence of such certification.

h. Corporate Experience

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1. Proponents are to demonstrate sufficient project experience including, but not limited to the following specific areas:

a) Multidisciplinary project delivery as the prime Vendor, preferably for projects at least $10-30M in capital costs for projects involving renovation and/or construction of laboratories .

b) Multidisciplinary project delivery as the prime Vendor, preferably for projects at least $20M in capital costs and preferably for projects involving construction of new high voltage electrical substation.

c) Construction management within environmental testing laboratory, preferably for projects of at least $10 - 20M in capital costs.

d) Arbitration and negotiated claims settlements particularly with respect to differing site conditions, and development of practical and enforceable clauses for managing contractor claims for differing site conditions.

e) Cost estimating and cost-benefit analysis. f) Construction schedule analysis and mitigation. g) Risk management including, but not limited to, risk identification and assessment

workshops, development of risk registers and risk matrices, risk analysis, and development of mitigation strategies.

h) Field/construction monitoring including project controls and inspection, safety compliance, settlement and vibration instrumentation, building/structure response, etc.

i) Coordination of multiple large (similar size to this project) complex construction projects occurring in near proximity.

2. List projects with details as to size, location, owner, and names of the staff that managed these projects, to demonstrate relevant experience.

3. Projects that are more recent, of similar scale (or larger) and most similar to the subject of this RFP will be scored higher.

4. Include project profile documentation in an Appendix.

a) Complete corporate experience Table 3-1(or similar chart containing the requested information) .

5. List projects with details as to size, location, owner, and names of the staff that managed these projects, to demonstrate relevant experience.

6. Projects that are more recent, of similar scale (or larger) and most similar to the subject of this RFP will be scored higher.

7. Include project profile documentation in an Appendix.

8. Complete corporate experience Table 3-1.

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Table 3-1 Corporate Experience and References Project Information References

Project Name

Capital Cost

Description of Scope

Laboratory Specialty

Project Stage / Year of

Completion

Key Staff & Roles

Company Name

Contact Details

*Proponents may recreate this chart containing the requested information

i. References

1. The reference projects should have been successfully commissioned and at a minimum achieved Substantial Performance as defined in the Construction Act.

2. All reference information should be provided.

3. In providing references, Proponents agree that the City can contact the individuals listed as part of the evaluation process. The City will make its own arrangements in contacting the references. Substitution of references will not be permitted after the close of the RFP.

4. The City's evaluation may include information provided by the Proponent's references and may also consider the Proponent's past performance on previously awarded contracts with the City or other related Agencies, Boards and Commissions of the City.

Subsection 3 – Organization Chart and Project Team

a. The Proponent is required to assemble a multi-disciplinary team whose expertise matches the specific needs of the project.

b. Organization Chart

1. Include an organization chart for this project with defined roles and responsibilities. Provide details on how the team will be managed, including communication and co-ordination protocol to ensure a successful delivery of the project.

2. The Proponent should submit signed consent forms authorizing the disclosure of personal information to the City, or its designated agent(s), for any resumes that are submitted. The Proponent will accept all liability if not disclosed to the City.

c. Team Members Individual Experience

1. The proposed project team is expected to demonstrate project experience, including, but not limited to the following specific areas:

a) Construction of medical, environmental, and pharmaceutical testing laboratories.

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2. Outline recent experience of the proposed team members on projects of a similar nature with details as to stage (including dates), scope (key elements), construction value, location and the owner.

3. Identify key Project Management staff for this project. Provide information on their specific experience and proposed roles on the project team. The experience profiles should highlight project management and technical expertise with examples of completed assignments, including actual roles and responsibilities on each project.

4. Identify key technical staff proposed for this project. Provide their professional qualifications, related project experience and the proposed roles and responsibilities on this project. At a minimum, identify design leads, QA/QC team, technical specialists, contract administration and site inspection staff.

5. Provide information on key technical staff specific experience illustrating relevant experience and technical expertise with examples of completed assignments including roles and responsibilities on the referenced projects.

6. Include a summary table of the above qualifications and experience of the team members as it relates to their role in this project and their role in the referenced projects

7. The project team is expected to include the services of an independent certified cost estimator, such as a Professional Quantity Surveyor (PQS) in good standing with the Canadian Institute of Quantity Surveyors. Provide information regarding relevant experience.

8. The project team is expected to include the services of a senior scheduler. Provide information regarding relevant experience.

9. The City has a preference for a minimum number of years of experience for Proponent's team members. The preferred years of experience are listed in Table 3-2.

10. Unless specified, provide resident site inspection staff having a minimum of five (5) years of demonstrated experience on projects involving similar engineering disciplines.

11. Continuity of key personnel will be required, with a contractual obligation for substitutions only with a written approval by the City.

12. Provide the guaranteed time commitment for key team members. Indicate the time commitment as an average of hours per week of their overall time. Do not modify Table 3-2 .

13. Provide detailed CVs in an appendix. All CVs should be arranged in alphabetical order.

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Table 3-2 Qualifications for Team Members

Project Role Preferred Years of Experience

Name of the Proposed

Staff

Years of Experience of Proposed Staff

Guaranteed Time Commitment

Project Manager

12

Laboratory Architect

10+

Mechanical Lead

10+

Electrical Lead

10+

Cost Estimator

15+

Resident Site Inspector

15+

*Proponents may recreate this chart containing the requested information

Subsection 4 – Project Understanding and Approach

a. Provide a description of the understanding of the scope of work. Illustrate the approach and the proposed methods to successfully complete the project.

b. Discuss the development of the project workplan and outline a strategy for bundling or staging of project components. Furthermore, outline methods for design and construction contract administration. Include a discussion on addressing operability, risk analysis, energy management, constructability, or site specific limitations, etc.

c. Identify proposed cost estimating method for the construction contract. Identify methods for cost control measures during construction.

d. Identify management and control methods during the execution of the project’s phases. This should include details of but not limited to communication, scope management, change management, time management, schedule management, risk management, staff planning, dispute prevention and resolution.

e. Outline the cost control measures that will be implemented in order to ensure that the upset limit for the engineering fees will not be exceeded.

f. Specifically discuss the following:

1. Approach to securing required approvals

2. Schedule, with emphasis on the possible acceleration of the project delivery

3. Constructability concerns recognizing operational limitations, constructor issues, and quality control

4. Construction sequencing so as to ensure that treatment capacity is not impacted at any time during construction

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Subsection 5 – Workplan and Deliverables

a. The workplan should be structured to match the categories in Table 5-1 in Section 5 – Cost of Services, but expanded on to include activities under each phase. The workplan should clearly identify the base scope items and provisional items separately. Should include appropriate staffing levels and availability for all phases.

b. As a minimum, the workplan should include the following, as applicable:

1. Study / Pre-design

a) Project Management & Meetings b) Pre-Design Report & Technical memoranda

2. Detailed design

a) Project Management & Meetings b) Risk assessment c) Capital cost estimate d) Approvals & Permits e) Work Management System (WMS) spreadsheet f) Tendering

3. Construction duration as stipulated in the RFP

a) Project Management & Meetings b) Head Office Administration c) Design staff support during construction, start up and commissioning d) Shop Drawings/RFIs/Inspection reports e) Resident site services and site inspection services f) Master Single Line Drawings, Master P&ID's, Equipment-specific tagged control

drawings g) Commissioning and testing h) Vendor’s O&M Manual (inclusive of PCS) and training i) As-Built Drawings

4. Post-Construction

a) Warranty inspections b) Any provisional items

c. Provide a detailed time/task breakdown indicating all tasks and deliverables including estimating and scheduling. Includes senior and specialty expertise during construction.

d. The time/task breakdown should detail a project-specific approach to each phase of the project including engineering studies, pre-design, detailed design, and contract administration. Post-construction should include engineering services during warranty and maintenance period, operational, process and maintenance support services.

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e. Provide a time/task breakdown with estimated person-hours for members of the project team required to complete the various components of the project. The time/task breakdown should be sufficiently detailed so that the level of effort of each staff member is identified for the various tasks in the project.

f. Provide sub-totals and totals for each phase of the project in the time/task breakdown.

Subsection 6 – Schedule

a. Provide a detailed schedule with a comprehensive and logical sequence that reflects understanding of the project, indicating all tasks, deliverables and significant milestones.

b. The schedule should detail a project-specific approach to each phase of the project including engineering studies, pre-design, detailed design, and contract administration. Post-construction should include engineering services during warranty and maintenance period, operational, process and maintenance support services

c. Provide an estimated overall timeline of the project, including an indication of the date of commencement. Key dates for major deliverables must be clearly defined in the Proponent's detailed workplan and highlighted in the Gantt chart. Gantt chart to include logical linking of interdependent tasks and identification of the project critical path. Allow 3 weeks for each City review. The City will not tender projects without first obtaining all required approvals.

d. Provide a discussion of the underlying assumptions associated with the proposed project schedule and methods for maintaining the schedule.

e. As a guideline, please note that tendering, award, and contract execution typically takes 3 to 6 months following receipt of contract documents, depending on project size and complexity, cost, and budget availability.

f. For each deliverable provide sufficient detail to facilitate the review and evaluation by the City.

g. State assumptions regarding roles and involvement of City staff beyond those identified in Section 6. This is important so clarifications of any assumptions are apparent to the Selection Committee during the review of the Proposal.

Subsection 7 – Quality Assurance Plan

a. Identify quality assurance (QA) and quality control (QC) plan for key deliverables and for all phases of the project. Include the documentation that is being proposed to ensure that the plan is being adhered to. Identify QA/QC team members function and authority within the organization.

Subsection 8 – Innovation and Value Added

a. Specify all value added activities or innovative ideas that are proposed, but were not specified in the terms of reference. Identify the costs for these items separately from the base scope, where applicable, in the Cost of Services envelope.

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Subsection 9 – Workforce Development and Social Procurement

a. Proponents may submit a detailed Workforce Development Plan (the "WD Plan") that identifies which strategies, if any, from among the categories summarized below the Proponent is committed to deliver during term of the assignment, as well as details on the implementation of the WD Plan. The WD Plan should specify the frequency of meetings that will be included for meeting with the designated City representative. The WD Plan should designate a liaison within the Proponent's organization who will implement and maintain the WD Plan and provide status updates and outcomes. The Plan should also include a process for maintaining records of progress and outcomes and share these records with the City at agreed intervals throughout the contract, at the end of the contract and upon request by the City. The WD Plan may also include subcontractors associated with any aspect of this Program, where feasible. The WD Plan can include strategies within this assignment, as well as strategies for consideration in the Construction Assignments as part of the project delivery. Any costs associated with additional effort above and beyond the base scope of work are to be included in the Innovations section of the costing submission.

b. Workforce Development Strategies

1. Customized Recruitment

a) Customized recruitment initiatives involve needs-based approaches to sourcing qualified candidates for available jobs, developed and implemented in conjunction with existing hiring methods in order to enhance and augment typical talent pools.

2. Training and Work-based Learning Skills Development

a) Training includes programming that allows candidates to formally gain the skills required to compete for emerging job opportunities. Activities may include informing the development of industry recognized components and supporting the attainment of professional certifications or licensing for specific candidate groups (e.g., Newcomer professionals, youth, etc.).

b) Work-based learning involves a continuum of activities with an emphasis on learning in a real work environment and through practice on the job. Activities range from shorter and less formal workplace exposure (e.g., workplace tours and job shadowing) to longer term and more intensive (e.g., paid internships with specific skill development objectives).

3. Opportunities for Registered Apprenticeships during Construction

a) Identify opportunities to hire, directly and/or through subcontractors, registered apprentices through apprenticeship training programs that provide candidates with access to the skilled trades.

4. Use of Social Enterprise in the Supply Chain

a) Identify opportunities to sub-contract, where required, components of work or services to social enterprises. Social Enterprises are enterprises that employ business methods and practices to create employment or training opportunities for low income or marginalized individuals.

5. Other Activities

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a) Any other appropriate activities that will provide employment-related opportunities to candidates will also be considered. Employment related activities that will meet this requirement may include (but are not exclusive to) the following:

1. Participating in sector/industry career information sharing, learning and networking events

2. Providing mentoring through established mentorship programs 3. Supporting pre-employment workshops such as resume and interview skills

development

c. Proponents should submit examples of how social benefits have been delivered by the Proponent in the past. Each example should include details of the program or initiative and documented evidence of success.

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PROPOSAL EVALUATION AND SELECTION SELECTION COMMITTEE

All Proposals will be evaluated through a comprehensive review and analysis by a Selection Com-mittee, which will include members from the City's Engineering & Construction Services, Toronto Water and other City staff and stakeholders.

The Selection Committee may, at its sole discretion, retain additional committee members or advisors.

The aim of the Selection Committee will be to select one Proposal that meets the City's require-ments and provides a satisfactory overall value to the City. The Proposal selected will not neces-sarily be the one offering the lowest fees or cost (pricing). Pricing is one of the components in determining the total score or ranking.

By responding to this RFP, Proponents will be deemed to have agreed that the decision of the Selection Committee will be final and binding.

SELECTION CRITERIA

The Proposals will be first reviewed for mandatory submission requirements, as follows:

a. Mandatory submission requirements will be scored PASS/FAIL, as described in Section 3. If all the mandatory requirements are not met, the Proposal would not be further evaluated and would be considered non-compliant.

If all mandatory submission requirements are met, the Proposal content will be evaluated using Table 4-1. Technical Proposal Content Requirements are detailed in Section 3.4, evaluation in Table 4-1 will be based upon the extent to which the Proponent's Proposal fulfills the submission requirements detailed in 3.4.6 to 3.4.12.

a. In addition to the above requirements the Proposal will also be evaluated on its completeness, conciseness and general suitability of Proposal. (Item 6 on Table 4-1).

Proposal Evaluation Form that will be used to evaluate the Proposals is included as Table 4-1.

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Table 4-1 Proposal Evaluation Form

Stage 1. MANDATORY SUBMISSION REQUIREMENTS (Section 3) 1. Corporate Experience (Table 3-1) PASS________ FAIL_________ 2. References (Table 3-1) PASS________ FAIL_________ 3. Team Qualifications (Table 3-2) PASS________ FAIL_________ 

Stage 2. PROPOSAL CONTENT EVALUATION CRITERIA AVAILABLE POINTS TO BE

AWARDED a. Proponent Profile and Corporate Experience 5 b. Project Team, Experience and Structure 25 c. Project Understanding and Approach 25 d. Project Workplan and Deliverables 22 e. Proposal Organization and Quality 3

SUB-TOTAL 80 Stage 3. INTERVIEW (If applicable)

Proponent must score a minimum of 75% (i.e. 60 points). Stage 4. COST OF SERVICES

Proponent’s fees calculates as follows: Formula: [(lowest cost Proposal divided by Proponent's Proposal cost) x 20]

20

TOTAL 100

SELECTION PROCESS

If the submission fails the Mandatory Submission Requirements, the Proposal will be rejected. The Technical Proposal and Cost of Services will not be reviewed.

The Technical Proposal must score a minimum 60 points of the possible 80 points to have the Cost of Services Envelope opened and Cost Proposal evaluated. The Selection Committee will not have any knowledge of information contained in the Cost of Services envelopes until such time that the technical evaluations are complete and Proponents are short listed.

The Total Score shall be the sum of the Technical Proposal score and the Cost of Services score.

The Proposal that achieves the highest overall Total Score will be ranked first.

In the event of a tie Total Score (Total Score rounded to one decimal point), the Proponent achieving the highest score for its Technical Proposal will be ranked first overall.

CLARIFICATIONS

As part of the evaluation process, the Selection Committee may request further information with respect to the content of any Proposal to clarify its understanding of the Proponent’s response. The clarification process shall not be used to obtain required information that was not submitted at time of close, or to promote a particular Proponent.

The Selection Committee may request further information from one or more Proponents and not from others.

INTERVIEW

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A Proponent whose written Proposal has met or exceeded the minimum score for the technical Proposal or has received a high ranking may be invited to an interview with the Selection Committee, the results of which will be used by the Selection Committee as a mechanism to revisit, revise, confirm and finalize the score and select the recommended Proponent(s). The City reserves the right to interview up to a maximum of five (5) top ranked Proponents. The Selection Committee may interview any Proponent(s) without interviewing others, and the City will be under no obligation to advise those not receiving an invitation until completion of the evaluation and selection process.

The representatives designated by the Selection Committee in its invitation to the Proponent must attend any interview scheduled as part of this evaluation process unless the City agrees otherwise in writing and at its sole discretion.

The representative of a Proponent at any interview scheduled is expected to be thoroughly versed and knowledgeable with respect to the requirements of this RFP and the contents of its Proposal, and must have the authority to make decisions and commitments with respect to matters discussed at the interview, which may be included in any resulting Agreement.

Where the staff team proposed by the Proponent is an important element in the selection criteria, the staff team proposed shall be present for the interviews.

No Proponent will be entitled to be present during, or otherwise receive any information regarding, any interview with any other Proponent.

Refusal of a Proponent to participate in an interview requested by the City may, in the City's sole discretion, be considered a failure of the Proponent to comply with a Mandatory Requirement of the RFP and thus subject to disqualification.

EVALUATION RESULTS

Upon conclusion of the evaluation process, a final recommendation will be made by the Selection Committee to the General Manager Toronto Water and/or City Council.

Proposal evaluation results shall be the property of the City and are subject to MFIPPA. Evaluation results may be made available to public release pursuant to MFIPPA.

Proponents should be aware that Council and individual Councillors have the right to view the Proposals provided that their requests have been made in accordance with the City's procedures.

NEGOTIATIONS AND AGREEMENTS

An award of the Project to a Proponent will be at the absolute discretion of the City.

The selection of a recommended Proponent will not oblige the City to negotiate or execute an Agreement with that recommended Proponent.

Any execution of an Agreement resulting from this RFP will be in accordance with the bylaws, policies, and procedures of the City.

The City shall have the right to negotiate on such matter(s) as it chooses with any Proponent to which it has awarded an Agreement without obligation to communicate, negotiate, or review similar modifications with other Proponents. The City shall incur no liability to any other Proponent as a result of such negotiation or alternative arrangements.

During negotiations, the scope of the services may be refined, issues may be prioritized, responsibilities among the Proponent, all staff and sub-Consultants provided by it, and the City may be settled and the issues concerning implementation may be clarified.

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Any Agreement must contain terms and conditions in the interest of the City, and be in a form satisfactory to the City Solicitor. If the Agreement required City Council approval, the final Agreement must contain terms and conditions substantially as set out in the Council report authorizing the Agreement. Any Agreement will incorporate as schedules of appendices such part of the RFP (including addenda) and the Proposal submitted in response thereto as are relevant to the provision of the goods and/or services.

The terms and conditions set out in Appendix ‘D’ shall be incorporated in any Agreement entered into with the recommended Proponent. These terms and conditions are mandatory and are not negotiable. Any Proponent wishing to request that the City consider any changes to the terms and conditions set out in Appendix "D" must follow the process outlined in Appendix "B".

If negotiations between the City and a Proponent do not result in an Agreement within ninety (90) Days of receipt by the Proponent of notification of award, the City may at its sole discretion terminate such negotiations and either enter into negotiations with one or more other Proponents or terminate the RFP process.

The City shall be under no obligation to accept a Proposal without amendment, alteration, counter-offer, or any change that may result from negotiations with the Proponent submitting the Proposal.

CONSULTING AGREEMENTS / PURCHASE ORDERS

For reference, a specimen Agreement is included in Appendix D. The agreement may be required for all projects regardless of dollar value, at the City’s sole discretion.

Prior to undertaking work onsite, the Vendor or sub-consultant preparing DSL Reports, DSL abatement specifications, DSL abatement monitoring and provision of Clearance Certificates must provide the City with proof that their Professional Liability Insurance policy includes pollution coverage, specifically for mould and asbestos. Also refer to the general insurance requirements described in the specimen agreement.

If this assignment is for design and construction it shall be divided into three phases and executed by up to three distinct consulting agreements and the issuance of three (3) Purchase Orders. The design and construction phases will have a 10% lien holdback applied. The post construction phase is not subject to a 10% lien holdback.

The first agreement shall cover the design phase as defined in this RFP.

The second agreement shall cover the construction phase as defined in this RFP.

The third agreement or a Purchase Order covering post construction activities will be issued as defined in this RFP. This Purchase Order will be subject to the terms of the above two agreements with payments being made on a time basis to the Upset Sum Limit.

It is the City's intent to prepare agreements for execution prior to the initiation of the Work.

INSURANCE

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

The Vendor will be required to comply with the following insurance requirements:

a. Professional liability (errors and omissions coverage) insurance in the amount of not less than TWO MILLION DOLLARS ($2,000,000.00);

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1. Includes Environmental Consultants Professional Liability where the Vendor’s services include environmental work

2. Provides for thirty (30) days prior written notice of cancellation

3. Will extend to infringement of copyright and other intellectual property, including misuse of trade secrets, if appropriate.

b. Comprehensive General Liability insurance in the amount of TWO MILLION DOLLARS ($2,000,000.00);

1. Adds City as additional insured

2. Includes the following clauses: personal injury liability; a cross-liability/severability of interest; broad form contractual liability; owner’s/contractor’s protective liability; contingent employer’s liability; employers liability; and non-owned automobile liability

3. Provides for thirty (30) days’ prior written notice of cancellation

c. Automobile Liability insurance with a minimum limit of One Million Dollars ($1,000,000) for all owned or leased licensed motorized vehicles used in the performance of services.

It is understood and agreed that the coverage and limits of liability noted above are not to be construed as the limit of liability of the Vendor in the performance of services. It is also agreed that the above insurance policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne by the Vendor. At the expiry of the policies of insurance, original signed Certificates evidencing renewal will be provided to the City without notice or demand.

The Vendor is responsible for any loss or damage whatsoever to any of its materials, good, equipment or supplies and will maintain appropriate all-risk coverage as any prudent owner of such materials, goods, supplies and equipment. The Vendor shall have no claim against the City or the City's insurers for any damage or loss to its property and shall require its property insurers to waive any right of subrogation against the City.

   

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COST OF SERVICES COST OF SERVICES DOCUMENTATION AND DELIVERY

The documentation for each Cost of Services:

a. Must be PACKAGED AND SEALED IN A SEPARATE ENVELOPE labeled Cost of Services (submissions made by fax, telephone, or electronic message will not be accepted) displaying a full and correct return address;

b. Must consist of One (1) original (clearly marked as such on its first page) and preferably one (1) pdf and three (3) printed copies.

c. Any pricing shown in the Technical Proposal shall render the Proposal non-compliant.

COST OF SERVICES SUBMISSION CONTENT – GENERAL

Identify an upset limit for the project, net of all taxes.

Provide a project cost breakdown for the base scope of work and defined provisional items as indicated in Table 5-1. All parts and items in Table 5-1 must be priced for the entire services in order for the Proposal to be considered valid.

Identify a specific cost per deliverable, excluding all taxes, in Table 5-1. In addition provide costs for all tasks shown in the Proponent's time/task breakdown.

Submit a list of proposed hourly rates (excluding HST) for all project personnel by classification with role titles. All key personnel and any other specified individuals should be cross-referenced to the Technical Proposal. The classification rates will be used for any part of the work to be paid for on a time basis. These rates will be fixed for the duration of the assignment up to the completion date as identified in the Proponent’s project schedule. Total duration of the project includes post construction services.

Where a separate firm or sub-consultant is providing base scope work, the sub-consultant is to be identified and included in the time/task breakdown

Adjustments to an individual's classification will be considered after 4 years on the project, subject to a written request and a subsequent approval by the City. The rate adjustment shall not change the overall upset limit of the assignment.

The rates will be fixed for the duration of the assignment up to the completion date as identified in the Proponent's project schedule, including the post construction services.

Should the duration of the project extend beyond six (6) years for design and construction due to delays beyond the Proponent’s control, a rate adjustment may be considered for the subsequent years and shall not exceed the Toronto – All Items Consumer Price Index (CPI) for the subsequent years. The additional cost resulting from the rate adjustments will be paid from the provisional cash allowance. Rate adjustment will not be considered for delays caused by the Vendor or its Sub-consultant.

Provide a Lump Sum Limit for any and all anticipated disbursements required in connection with the work, on a per deliverable basis. Disbursements relate to daily expenses incurred in the performance of services required for this assignment. Payments for disbursements will be pro-rated on the value of work performed during a billable period; as follows:

a. The Lump Sum Limit for disbursements associated with pre-design and detailed design services is not to exceed a maximum value of 5% of the pre-design and detailed design fees identified by the Proponent. Disbursements for City defined alternatives associated with pre-design and detailed design shall utilize the same 5%.

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b. The Lump Sum Limit for disbursements associated with services during construction is not to exceed a maximum value of 5% of the general office administration and site supervision services fees identified by the Proponent. Disbursements for City defined alternatives associated with construction shall utilize the same 5%.

c. The Lump Sum Limit for disbursements associated with post construction services is not to exceed a maximum value of 5% of the post construction services fees identified by the Proponent.

Disbursements shall cover general expenses that may or can occur on a daily basis.

Disbursements shall not include, and the City will not pay for the following:

a. Roadway tolls

b. Meal allowances

c. Use of personal computers

Disbursements that are considered “specialty services” or “specialized expenses” are to be identified separately if identified in Table 5-1.

If the value of the disbursements exceeds the percentage (%) stipulated in the City’s RFP, the value of the disbursements shall be reduced by the City to the maximum stipulated % value. Any such corrections resulting in an adjustment to the disbursement cost will be applied as an adjustment to the Total Upset Limit Price for the assignment.

Provide a lump sum cost for specialized expenses, as specified in the RFP.

The Total Upset Limit as provided in Table 5-1 will be used for establishing the Cost of Services score for the Proposal evaluation and selection as outlined in Section 4 of the RFP.

BASE SCOPE OF WORK

The cost for invoice preparation and processing is considered part of base scope.

Provide a separate cost for accounting audits in accordance with the Engineering Services Agreement, Section 3.

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Table 5-1 Upset Limit Cost Breakdown for Base Scope of work

30 Dee Avenue Consolidation

Deliverables Cost ($) Item A –Preliminary Design and Detailed Design Labour $ Disbursement (not to exceed 5%) $ Financial Audit $

Item A – Subtotal – Preliminary and Detailed Design $ Item B – Services during Construction Labour $ Disbursement (not to exceed 5%) $ Schedule of weekly rate allowance – Construction (from Table 5-3) $ Financial Audit

Item B – Subtotal – Services during Construction $ Item C – Post Construction Services Labour $ Disbursements (not to exceed 5%) $ Financial Audit

Item C – Subtotal – Post Construction $ Item D – Contingency (10% of Items A+B+C) $

SUBTOTAL (A+B+C+D)* $ HST (13%) $ TOTAL INCLUSIVE OF HST $

*This will be the evaluated value.

PROVISIONAL ALLOWANCES

Provisional allowances priced by the Proponent are listed in Table 5-1.

Provisional cash allowances defined by the City are listed in Table 5-2.

a. Health & Safety equipment

1. It is expected that the base scope of work includes for standard health & safety personal protective equipment such as hardhats, safety footwear, eye protection, safety vests, safety gloves, and hearing protection. The provisional cash allowance is intended to cover all other specialty equipment such as respirators, gas detection, scaffolding, safety retrieval devices or for hiring safety experts for activities such as confined space entry.

b. Designated Substances Report

1. Sub-consultant's services for the designated substances surveys and reporting will be paid from the allowance provided. Co-ordination of the sub-consultant's activities is deemed to be included in the base scope.

c. Asbestos Abatement

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1. Should asbestos be identified in the Designated Substances Report, the City may hire and pay separately for asbestos remediation contractors prior to tendering of the contract, if removal in advance of the contract is feasible. Preparation of tender documents for asbestos abatement, monitoring of asbestos abatement activities and the provision of appropriate clearance certificates by a third party, updating of the DS Reports and updating of Asbestos Owner's Reports will be paid from this allowance.

d. Additional post-construction support

1. Additional services required in the post-construction phase of the assignment will be paid from this allowance.

Table 5-2 Table of Provisional Cash Allowance Items – All Phases

Item Description Amount (excl. HST)

Schedule of Allowance Items – Design 1 Health & Safety equipment $ 2 Completion of DSL Reports, Monitoring of asbestos abatement activities and

reporting $

3 Specialized services for noise study $ 4 Specialized services for sampling and testing $

5 Mould survey report, mould abatement specification, monitoring of mould abatement activities, appropriate clearance certificates report, updating of mould report as required

$

Subtotal – Design $ Schedule of Allowance Items –Construction

1 Health & Safety equipment $ 2 Preparation of asbestos abatement specifications, monitoring and clearance by

an asbestos Vendor during construction $

3 Cost for material testing services during construction $ Subtotal – Construction $ Schedule of Allowance Items – Post Construction A.2 Procure third party for Noise Assessment $ A.3 Post construction troubleshooting support, additional training $

Subtotal – Post Construction $ Total Allowance Items (excluding HST) $

SERVICES DURING CONSTRUCTION – WEEKLY RATE

Provide a maximum weekly rate for Services during Construction to be used for adjustment to the Upset Limit, where approved by the General Manager, in the event that the actual construction period is longer than anticipated. This weekly rate is to include services for project management, office staff, and resident site staff plus disbursements.

Provide a proposed time-task breakdown for the weekly rate for Services During Construction.

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The maximum weekly rate includes resident site inspection staff (50 Hours per week) plus associated Project Management, Engineering and Office Staff related to the Services during Construction Period. This weekly rate excludes HST.

The hourly rates in Table 5.3 shall be based upon the same hourly rates as submitted for the base contract.

The maximum weekly rate payment will not be flat rate or lump sum. The weekly rate when applied is subject to the payment terms as defined in Section 5.9 Payment from Cost of Services Proposal.

Table 5-3 Schedule of Provisional Weekly Rate Allowance – Construction

Item Description Hourly Rate

(A)

Hours/wk

(B)

Amount (excl. HST)

(A x B)

1 Site Inspector $ _______ /hr 25 hr/wk $________ /wk

2 Contract Administrator $ _______ /hr 25 hr/wk $________ /wk

3 Project Management/ Head Office blended rate $ _______ /hr 20 hr/wk $________ /wk

4 Disbursements (maximum 5%) $________ /wk

5 Weekly rate for the addition of services during construction. To be used as required and approved by the General Manager (1 + 2 + 3 + 4)

$________ /wk

6 Number of weeks -----26-----

Subtotal (Item 5 x Item 6) excluding taxes (transfer to Table 5-1)

$___________

ALTERNATIVES SUGGESTED BY PROPONENT

In the event that the Proponent has identified a suggested improvement in the project scope as per Section 2.12, the related cost impact is NOT TO BE INCLUDED IN THE PROPONENT’S BASE PROPOSAL OR CITY ALTERNATIVES PRICING. The cost related to the Proponent’s suggested improvement/innovation idea is to be presented separately.

Cost of Services Proposals for Proponent’s alternatives are to be included in the Cost of Services envelope, along with the base Proposal. If the Proponent elects to submit pricing for an alternative, this pricing will only be used as the basis for fee negotiation, once the Vendor has been selected.

PAYMENTS FROM COST OF SERVICES PROPOSAL

For labour costs, payment will be on a time basis at approved hourly or per diem rates up to the maximum amount proposed for each deliverable.

Sub-consultants providing base scope work are considered to be staff and no mark-up is permitted.

Payments for disbursements will be pro-rated based on the value of the work performed during a billable period.

Fees for specialist sub-consultant services will be paid at cost plus a mark-up of a maximum of 5%, if provided for in the cost of services Proposal. Invoices must be submitted for payment.

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For the Unit Price Deliverables, payment will be at the unit price, for each deliverable provided. The City will determine how many of the “Units” are required, once the project has progressed sufficiently to make the decision.

The Construction Act requirements shall be applied to the design and construction phases of the assignment. Refer to Section 5 of the RFP

The 10% holdback on the first Purchase Order will be released upon completion of the design phase of the project and upon meeting all requirements of the Construction Act. The 10% holdback on the second Purchase Order will be released upon substantial performance of construction phase. There is no holdback on the third Purchase Order for the post construction phase.

Prices and staff rates by classification submitted in a Proposal are to be firm for the term of resulting Agreement.

The City shall not be responsible for any unauthorized additional costs.

The Vendor must be solely responsible for any and all payments and/or deductions required to be made including those required for the Canada Pension Plan, Employment Insurance, Workplace Safety and Insurance, and Income Tax.

All invoices must clearly show HST as a separate value and HST "registrant" number.

Without restricting the generality of the foregoing, the Vendor acknowledges that, if it is a non-resident person, payments to the Vendor, as a non-resident person, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Vendor, as a non-resident person, provides the City with an official letter from Canadian Customs and Revenue Agency waiving the withholding requirements, the City will withhold the taxes it determines are required under the Income Tax Act (Canada).

In the event of mathematical errors found in the pricing pages, the unit prices quoted shall prevail. Extensions and totals will be corrected accordingly by City staff and adjustments resulting from the correction will be applied to the Total Lump Sum Price quoted.

PAYMENTS FOR PROVISIONAL ALLOWANCES

Payments from the provisional allowances and provisional cash allowance will not be permitted without prior written approval of the Executive Director.

PAYMENTS FOR CONTINGENCY ALLOWANCE

In seeking authority to engage consulting services, the City will include a contingency amount to cover potential changes in the scope of services where warranted. Payments from the Contingency Allowance will not be permitted without prior written approval of the General Manager.

CURRENCY

All dollar amounts, fee statements, and invoicing shall be in Canadian dollars. The Proponent shall assume all currency risk.

TAXES

Harmonized Sales Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in this RFP.

HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the Price Schedule and any subsequent invoices.

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CITY RESPONSIBILITIES GENERAL

Best efforts will be made by the City to provide information on the scope and current status of active design and construction projects as well as the current timeline for completion.

Best efforts will be made by the City to provide available record drawings and/or access to facility libraries to support the project.

As required, the City will provide available operational data to support the design.

The City will provide a copy of the City’s Health & Safety Policies.

The City will pay for all utility locates.

The City will hire and pay for asbestos remediation required prior to tendering of the contract, if required and feasible.

The City will pay application fees for required approvals.

The City will print copies of the contract specifications and drawings, including addenda, for tendering.

The City will pay for testing services during construction, such as compaction, concrete and welding.

Unless specifically stated elsewhere, for any public meetings needed to support the project, the City will make facility arrangements, pay rental fees and for notifications and distributions.

REFERENCES CURRENT STUDIES AND DESIGN AND CONSTRUCTION PROJECTS

The following section describes some of the related projects and activities currently underway within Toronto. Some may only have a minor impact on the proposed project. The information has been made available to provide perspective on the current situation.

Projects Underway

a. Studies

1. Backup Power Resilience Study

CITY REFERENCE DOCUMENTS AND STANDARDS

The following reference documents (Appendix E) are available via CD from the City Purchasing Department. The CD can be picked-up by firms who have purchased a copy of the RFP at the Tender Office in City Hall, 100 Queen Street West, 19th Floor West Tower.

a. “CADD Specifications for Microstation V8”. This document includes the City standards and requirements regarding drawing documentation.

b. "Construction Sequencing and By-Pass Flow Plan for Sewer Work – Terms of Reference – latest version"

c. Toronto Water 13040 Equipment Tag Standard, latest version.

d. Toronto Water 13100 Instrumentation Design Standard, latest version

e. Toronto Water 13300 Control Panel Design Standard, latest version

f. Toronto Water 16020 Electrical Control Schematic Diagram Standard.

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g. Toronto Water Electrical Specification Standards http://wpww10ho.pns-tw.toronto.ca/CWD/Master_SLD/ESPECS.html

h. Toronto Water Master Single Line Diagram Standard http://wpww10ho.pns-tw.toronto.ca/CWD/Master_SLD/Forms.html

i. Field Services Manual, City of Toronto, latest version.

j. Start Up and Commissioning and Training Guidelines for Works Facilities and Structures Projects, January 2004.

k. City Design Drawing and Record Drawing Protocol, latest version.

l. The Toronto Water Pipe Labelling Standard, rev. June 2012

m. Safe Operating Procedures for Asbestos at Toronto Water Facilities.

n. Confined Space Entry Procedures.

o. Facility Drawings CD, which contains the related facility engineering drawings that are available from the City.

p. PDF versions of the facility Master Single Line Diagrams, P&ID's, and Process Control Narratives.

q. Corporate Security Standards

The following reference documents are available on the City website:

a. The City of Toronto’s “Construction Specifications & Drawings for Road Works":

b. The City of Toronto’s “Construction Specifications & Drawings for Sewers and Watermains ":

c. City of Toronto Green Building Standard, 2010:

d. City of Toronto Accessibility Design Guidelines, 2004:

PROFESSIONAL SERVICES PERFORMANCE EVALUATION

The Professional Services Performance Evaluation Form will be used to assess the performance of the Vendor on the project. Once completed, the evaluation will be forwarded to the Operating Division and Engineering and Construction Services, for information and/or appropriate action.

   

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Professional Consulting Services for 30 Dee Avenue Consolidation City of Toronto RFP No. 9117-18-7247

ECS Version 1.4 – July 2018 Page 37

APPENDIXES APPENDIX A – STANDARD PROJECT SCOPE REQUIREMENTS

A.1 General Requirements

A.2 Health and Safety (including Designated Substances)

A.3 Approvals

A.4 Drawings and Standards

A.5 Class EA -NAA.6 Studies -NAA.7 Pre-Design

A.8 Detailed Design

A.9 Construction and Commissioning (including Inspection Reports)

A.10 Post Construction and Warranty

A.11 Electrical System

A.12 Process Control Systems (PCS)

A.13 Work Management System (WMS) Entity Information Worksheet (EIW)

A.14 Energy Management Plan (EMP)

APPENDIX B - RFP PROCESS TERMS AND CONDITIONS

APPENDIX C - SUBMISSION FORMS

APPENDIX D - SPECIMEN CONTRACT AGREEMENT, INCLUDING INSURANCE FORMS

APPENDIX E – PROJECT REFERENCE MATERIAL - CD

E.1 Designated Substances Survey Report

E.2 Accessibility Report

E.3 Building Condition Assessment Report

E.4 Toronto Water Laboratory Electrical Resiliency

E.5 Dillon Report - 2006

E.6 Consolidation Study

E.7 Pre-Construction Photos

E.8 Facility Condition Assessment program Report

E.9 Site Photographs (Valid as of March 2018)

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APPENDIX A.4 – STANDARDS ECS VERSION 1.0 – OCTOBER 2016

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TABLE OF CONTENTS

A.4 STANDARDS ........................................................................................................... 2

A.4.1 GUIDELINES, CODES & STANDARDS .............................................................................................. 2

A.4.2 CITY STANDARDS ......................................................................................................................... 2

A.4.3 CITY REQUIREMENTS FOR PLANT & FACILITY STRUCTURES ........................................................... 2

A.4.4 CITY DRAWING STANDARDS ......................................................................................................... 3

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A.4 Standards

A.4.1 Guidelines, Codes & Standards

A.4.1.1 The Consultant shall use the latest versions of recognized industry design standards, guidelines, and best practices to establish the basic design data and design criteria. The design must meet the requirements of relevant codes and applicable legislation. The following list of selected statutes and codes is provided for guidance only:

1. The Boilers and Pressure Vessels Act Ontario (MCCR, TSSA, etc.)

2. CSA B149.6–15 – Code for digester gas, landfill gas and biogas generation and utilization

3. CSA B149.3–15 – Code for the field approval of fuel-related components on appliances and equipment

4. Navigable Water Act

5. Ontario Gas Utilization Code, Ontario Regulation 244, 346

6. Environmental Protection Act,

7. Ontario Health and Safety Act

8. Ontario Building Code (OESC) and latest Electrical Safety Authority (ESA) Bulletins

9. Ontario Electrical Safety Code

10. Ontario Water Resources Act

11. NFPA 820 Standard for Fire Protection in Wastewater Treatment and Collection Facilities

12. CSA Code Z462 latest edition – Workplace Electrical Safety

13. American Concrete Institute ACI 350-01

14. Safe Drinking Water Act.

15. Ministry of Environment and Climate Change (MOECC) standards and guidelines

16. American Water Works Association (AWWA) standards and specifications

17. American Society of Mechanical Engineers (ASME) standards and specifications

18. American Society for Testing and Materials (ASTM) standards and specifications

A.4.2 City Standards

A.4.2.1 When fulfilling the project requirements, the Consultant is to ensure compliance with the latest version of the following City of Toronto standards, unless specifically directed otherwise by the Project Manager:

1. “Process Control System (PCS) Implementation Guidelines”. Note standards are to be used as a guideline for the development of the project requirements. The consultant is responsible for ensuring the standards are appropriate for the project, and shall seek approval for variance as required.

2. City of Toronto’s “Standard Construction Specifications & Drawings for Sewers, Watermains and Roads”.

3. Engineering and Construction Services Field Services Manual

4. Toronto Water Electrical (Division – 16) Specifications

A.4.3 City Requirements for Plant & Facility Structures

A.4.3.1 Design plant and facility structures in accordance with Ontario Building Code for post-disaster buildings.

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A.4.3.2 Design plant and facility concrete structures for water-tightness, strength and serviceability, vibration, seismic design, etc., in accordance with American Concrete Institute ACI 350-01, Code Requirements for Environmental Engineering Concrete Structures and ACI 350R-01, Commentary.

A.4.3.3 All chemicals, instrumentation, equipment and materials used in the operation and production of safe drinking water that come into contact with water shall meet all applicable standards set by Ministry of Environment, American Water Works Association and American National Standards Institute safety criteria standards NSF/60 and NSF/61.

A.4.3.4 The building/structure is to be constructed in accordance with the City’s Accessibility Design Guidelines.

A.4.3.5 The project design shall incorporate elements necessary for the completed project to achieve the Toronto Green Development Standard (a minimum of Silver level of certification under the LEED Canada NC-01 Rating System) where applicable.

A.4.3.6 The City has corporate standards for security systems. To meet Divisional Security Standards, incorporate security features to allow monitoring and controlling of building access such as cameras, card readers, door strikes, IR photo beam sensors, etc.

A.4.4 City Drawing Standards

A.4.4.1 Latest version of "CADD Specifications for AutoCAD, Consultants Manual" or “CADD Specifications for Microstation V8”.

1. Drawings with colours shall be reproducible by all printing or duplication media in black and white.

2. Except as may be modified or specified herein, or otherwise approved by the City, the collection and depiction of subsurface utility information shall conform to the applicable provisions of CI/ASCE 38-02, “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data”.

3. Drafting and lettering shall be of proper density and legibility for a 50% reduction during reproduction.

4. The depiction of attributes such as line type, material type, age, condition, ownership, status (e.g. in-service, out-of-service, active, abandoned), number of conduits or direct buried cables, or other required information, shall not be eliminated, obliterated, or obscured by the manner of reproduction of by 50% reduction in size.

5. Final drawings for reproduction shall have all drafting work and image on one side of the sheet.

6. The Consultant shall replace, at no cost to the City, sheets that do not comply with the above criteria.

7. Topographic mapping, field edit, compiled area plan, and property surveys and other data require proper editing and formatting by the Consultant in accordance with the City’s drafting standard before being used as a base plan.

END OF APPENDIX A.4

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APPENDIX A.5 – MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT

ECS VERSION 1.0 – JUNE 2017

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TABLE OF CONTENTS

A.5 MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT (MCEA) .......................... 2

A.5.1 GENERAL REQUIREMENTS ............................................................................................................ 2

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A.5 MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT (MCEA)

A.5.1 General Requirements

A.5.1.1 The Consultant shall undertake the tasks defined and outlined in the 2015 version of Municipal Class Environmental Assessment (MCEA) (October 2000, as amended in 2007, 2011 & 2015). The aforementioned Class EA document, although not bound into this RFP, shall be considered a part of this RFP document. The required tasks are shown in the schematic diagram entitled Exhibit A.2 Municipal Class EA Planning and Design Process, from the MCEA document, and must be completed in the sequence shown in this diagram. Exhibit A.2 can be found on the MCEA website here: http://www.municipalclassea.ca/manual/page74.html The MCEA process is also outlined in the MCEA Companion Guide (2015), available on the MEA website. Additional City expectations and requirements are outlined in the following discussion.

A.5.1.2 It is important that the problem or opportunity to be addressed in the study be defined in consultation with the City of Toronto, the Ministry of the Environment and Climate Change (MOECC) and other regulatory bodies, as appropriate. It is necessary to review all previous reports and other pertinent data relating to the problem, concerns and deficiencies with the existing Plant/Facilities. In carrying out the study, the Consultant should refer to all applicable legislation.

A.5.1.3 The Consultant is required to maintain documentation, in accordance with the MCEA requirements.

A.5.1.4 The consultant is responsible for ensuring that the overall EA process is managed effectively within the shortest possible timeframe and within the available budget. The final responsibility for ensuring that all the conditions of the EA process are met lies with the Consultant.

A.5.1.5 All tasks are the responsibility of the Consultant unless specifically identified as the City's responsibility within the main body of the RFP. Follow the steps as identified in the requisite Phases of the MCEA process.

A.5.1.6 The City has identified various Progress and Interim Reports to be submitted to the City for review and approval for quality control purposes during the course of the project. These Progress and Interim Reports consist of one or more Sections of the final document so that the document is essentially written, reviewed and approved, step by step, during the course of the project when key milestones and decision points are reached. Refer to Section 2 Summary of Project Submissions.

A.5.1.7 If authorized by the City, perform an Environmental Impact Study. A provisional allowance is included in Section 5 to cover the services for the study, in case it is identified as a requirement during the EA process.

END OF APPENDIX A.5

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APPENDIX A.7 – PRE-DESIGN ENGINEERING SERVICES

ECS VERSION 1.2 – JUNE 2017

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TABLE OF CONTENTS

A.7 PRE-DESIGN ENGINEERING SERVICES ............................................................... 2

A.7.1 GENERAL .................................................................................................................................... 2

A.7.2 FIELD REVIEWS, STUDIES AND SURVEYS ....................................................................................... 4

A.7.3 ENERGY MANAGEMENT PLAN (EMP) ............................................................................................ 5

A.7.4 REVIEW OF DESIGN ALTERNATIVES ............................................................................................... 5

A.7.5 PRE-DESIGN REPORT .................................................................................................................. 5

A.7.6 SPECIALTY SUB-CONSULTANTS .................................................................................................. 10

A.7.7 DELIVERABLES ........................................................................................................................... 12

A.7.8 SUBSURFACE UTILITY ENGINEERING (SUE) ................................................................................ 12

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A.7 Pre-Design Engineering Services

A.7.1 General

A.7.1.1 Existing Documents and Drawings

1. The City will provide copies of available drawings, reports, and other documents pertaining to the project. The Consultant shall note that changes may have been made over time without updating the documents or drawings. Prior to commencement of the pre-design, the Consultant shall review the existing background information, as well as conduct a site review at the facility to confirm changes or omissions, if any, in the drawings. Visit the site to determine existing conditions, equipment locations, process layout and flow, services, features, connections, routes, access, interference, etc., related to the project. The expected level of the site review includes a walk through the facility, visual observations and verification of the available drawings and documents. The Consultant shall record its findings and advise the PM of any significant changes or omissions in the drawings.

2. Any redesign work required due to the Consultant’s failure to review and verify documents or drawings will be at the Consultant’s own cost.

A.7.1.2 Review scope of current projects and identify potential impacts on the project. Ensure that any potential impacts/conflicts are identified and discussed with the City’s project team.

A.7.1.3 Provide a site plan clearly identifying the anticipated extent of construction activities related to the project, including all work required in underground tunnels/duct banks, etc. The purpose of this site plan is to assist the City in identifying and mitigating the obligations associated with Constructor status

A.7.1.4 At each facility, the City of Toronto maintains a complete set of Master Process and Instrumentation Diagrams (Master P&IDs) that schematically represent the functional relationship of all piping, system equipment, electrical, instrumentation and components.

The Master P&ID sets typically include;

1. Process piping, size and service

2. Flow directions

3. Interconnection references to other drawings

4. Valves with tag designations

5. Mechanical equipment with tag designations

6. Instrumentation with tag designations

7. Tankage, size and service

8. Electrical distribution and control and assets inclusive of tagging

9. Control inputs and outputs, interlocks, annunciation inputs

10. Identification of components and subsystems delivered by others

11. Intended physical sequence of the equipment

12. Equipment rating or capacity

All demolition and new tie-in points are to be identified on the Master P&IDs to show the effect on the existing systems. Additions may be documented (to the PFD level of detail) on a separate drawing.

A.7.1.5 At each facility, the City maintains a complete set of Master Single Line Diagrams (Master SLDs) that schematically depict paths for power flow from incoming power source to each downstream load – including the ratings and sizes of each piece of electrical equipment, their circuit conductors and their protective devices.

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A.7.1.6 All demolition and new tie-in points are to be identified on the Master SLD's to show the effect on the existing systems. Additions may be documented on a separate drawing. Refer to Appendix A.11 for the details of the requirements.

A.7.1.7 At each facility, the City of Toronto maintains a complete set of Master SCADA Architecture Drawings.

The Master SCADA Architecture drawings typically include:

1. Core closets

2. Access closets

3. RPUs

4. Servers

5. HMIs

All demolition and new tie-in points are to be identified on the Master SLD's to show the effect on the existing systems. Additions may be documented on a separate drawing.

A.7.1.8 Equipment Redundancy and Selection

1. The Consultant shall ensure that the level of redundancy for process and/or equipment at City’s facilities meets the Certificate of Approval criteria, operating objectives, and the functionality of the associated process equipment. The City has adopted, in principle, a policy to provide firm capacity for major processes and equipment. Under the policy for each process one or two process units could be offline for maintenance and repair, while still complying will the Certificate of Approval, as well as other provincial or federal regulations.

2. Discuss with City staff their preferences for equipment selection. Identify suppliers and recommend equipment based on the following: best performance, reliability, flexibility, availability, life cycle costs, ease of maintenance, expandability, spatial requirements and supplier/owner references with respect to service in existing installations. List features, benefits, as well as advantages and disadvantages of the selected equipment, including information on equipment delivery and its impact on construction timelines. Except for proprietary equipment, consider at least three suppliers for each component, whenever possible.

3. In consultation with the City, prepare equipment list and data sheets for inclusion in the pre-design report. Ensure that the selected equipment/system can be fully automated and is suitable for unattended operation, where appropriate.

A.7.1.9 I&C and SCADA Requirements

1. Ensure that the selected equipment/system can be fully automated and is suitable for unattended operation, where appropriate.

2. Comply with the requirements of the Toronto Water Process Control System (PCS) Implementation Guidelines.

A.7.1.10 Approvals

1. Refer to Appendix A.3 for general information. During pre-design, the Consultant shall determine the project specific approvals and co-ordinate the process with the City and the approval agencies.

2. If applicable, conduct pre-consultation with the Ministry prior to submitting an application for amendments to the Environmental Compliance Approval.

3. Near the conclusion of the pre-design phase, identify if a pre-start health & safety review will be required at the conclusion of the design phase of the project

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A.7.2 Field Reviews, Studies and Surveys

A.7.2.1 General

1. The Consultant shall identify and conduct all necessary field reviews, studies, and surveys to suit the project scope.

2. Any redesign work required due to the Consultant’s failure to conduct field reviews, surveys will be at the Consultant’s own cost.

A.7.2.2 Existing Conditions and Utilities

1. Visit the site as required to determine existing conditions, locations, services, features, connections, routes, access, interference, etc., related to the proposed design.

2. Submit plans to utility companies to obtain locations of all below and aboveground utilities. Provide field survey within the limits of the construction area and obtain accurate field ties to all buried utilities as identified by utility companies.

3. Develop an approach to ensure that critical utilities are maintained during construction. Where necessary, coordinate and arrange to expose if accurate location is critical for design purposes. Cost to expose will be borne by the City

A.7.2.3 Field Edit of Aerial Mapping

1. On projects where the City provides the Consultant with aerial mapping in digital format within the project limits, the Consultant shall conduct a field edit (survey) of the aerial mapping. The purpose of the survey is to confirm the location, accuracy, and completeness of all topographic information; verify inverts and materials of existing pipes and manholes where new system will connect, and verify location of all above ground utilities. The Consultant shall comply with the following

a) Set horizontal control line in accordance with the City’s requirements with ties to existing property bars and topographic information.

b) Set elevation control bench marks clear of the expected construction area to allow referencing of further detailed elevation information, as well as the development and control of elevations of the works to be constructed under this project.

c) Provide any other necessary survey work required to complete the design of the project.

d) Provide all survey notes for layout purposes

A.7.2.4 Topographical survey

1. A topographical survey of the project area is required.

A.7.2.5 Existing Equipment

1. Perform a field review of existing piping, process, mechanical and electrical equipment relevant to the project. Verify existing equipment and piping capacities, conditions and layout. Provide recommendations on what existing equipment can be re-used and what equipment should be replaced. All demolition, alteration or addition must be documented using the Master P&IDs and Master SLDs to show the effect on the existing systems

A.7.2.6 Existing Structures

1. Undertake a visual survey of the existing building envelope within the project areas, including process tanks, roofs, and surfaces finish conditions. Summarize your findings and recommendations in a technical memorandum to the City. Review and discuss with the City further specialized investigation, if required.

2. Determine load carrying capacity of the existing structures. Confirm the structural integrity of the existing facility to accommodate the proposed equipment and loadings, and develop pre-design to upgrade the structural integrity if necessary.

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A.7.2.7 Operating Procedures

1. The Consultant shall become fully familiar with the facility’s operating procedures/systems.

A.7.2.8 Operating Procedures

1. Undertake the initial project specific survey in accordance with A.2 and provide recommendations & work scope for abatement activities.

A.7.3 Energy Management Plan (EMP)

A.7.3.1 Energy Management Plan

1. Refer to Appendix A.14 for the Energy Management Plan (EMP) requirements

2. Provide an EMP (Prelim) at the pre-design stage of the project.

3. Provide an updated EMP (Final) at 70% detailed-design stage of the project

A.7.4 Review of Design Alternatives

A.7.4.1 The Consultant shall prepare a review of design alternatives and summarize in a technical memo.

A.7.4.2 The technical memo shall outline project specific options, provide an analysis of these options and include a recommendation of the preferred alternative. The analysis shall be based on the technical information, prepared by the Consultant prior to commencement of the pre-design and on the input from and acceptance by the City. The analysis of options shall include, but is not limited to the following:

1. Cost of ownership including annual fixed/amortized costs

2. Land requirements

3. Impact on future and current land use

4. Site constraints

5. Technology applicability

6. Equipment reliability

7. Operational issues and concerns

8. Operational and maintenance costs

9. Constructability

10. Design and construction schedule

A.7.4.3 On selected projects the review of design alternatives and the pre-design report may be combined in one document. Refer to the project specific scope of work in the RFP

A.7.5 Pre-Design Report

A.7.5.1 General

1. Prepare a comprehensive Pre-Design Report (PDR), which will provide the basis and details for the detailed design and construction of the proposed facilities.

2. Submit a report outline to the City for approval prior to commencement of the report.

3. The final PDR must be signed and stamped by a Professional Engineer licensed in Ontario.

4. Upon approval of the PDR by the City, changes will not be permitted unless authorized in writing by the City

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A.7.5.2 Plant & Facility Projects PDR

The scope of the PDR shall include the following sections:

1. Executive Summary

2. Project Description

a) Background

b) Objectives

c) Process units

d) Applicable guidelines and standards

3. Location plan

a) Preliminary site plan including existing facility property

b) Land to be acquired, if applicable

4. Site Services

a) Municipal water supply

b) Municipal wastewater connection

c) Electrical power supply

d) Site access and egress

e) Storm water drainage management

f) Communication Services

g) Natural gas

5. Basic Design Data

a) Basic design data as required by the regulatory agencies.

b) Preliminary process design calculations, as required, using existing Plant data where available.

c) Rationale for the design criteria used.

d) List of standards, codes, and guidelines applied in the design

6. Process Design Elements

a) Provide Master P&ID showing all demolition and new tie-in points. Provide additions on separate drawing(s) to the Process Flow Diagram (PFD) level of detail.

b) A preliminary hydraulic profile, identifying major unit operating liquid levels. All assumptions and calculations used to develop the hydraulic profile must be included in an appendix.

c) Equipment list and data sheets for major equipment, including product information and catalogue sheets.

d) Recommendations on pre-selection or pre-purchase of process equipment, where appropriate.

7. Conceptual Layout

a) Preliminary layout plan

b) Equipment location and orientation including, but not limited to, equipment control panels and tanks including major ventilation units, electrical transformer, switchgear, Power Distribution Panel (PDP), Motor Control Centre (MCC) and in-line measuring devices.

c) Identify all process and piping modifications required to accommodate new systems. Develop pre-design of necessary modifications as required

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8. Building and Landscape Design

a) Finished architectural elevations.

b) Description of all internal and external architectural finishes.

c) An area classification schedule, including the classification of each room or building area for new facilities, as well as for existing facilities that will be upgraded under the project.

d) Structural and architectural designs of new/expanded facilities are to be designed to ensure that the exterior will complement the surrounding environment and comply with the standards expected for extended lifespan.

e) Landscaping must be given careful consideration to ensure that the end result will blend in with the existing surrounding area and ensure adequate drainage

9. Electrical system

a) Refer to Appendix A.11 for the details of the electrical system requirements and the following systems:

1. Fire alarm

2. Telephone/Communication System

3. Public Address System

4. Security System

5. Emergency Standby Power

10. Mitigating Measures

a) Proposed mitigating measures reducing impact on natural, economic, and community environment, such as noise attenuation, air emission reduction, and visual aesthetics.

11. Process Control System (PCS) Including Instrumentation

a) Provide Master SCADA Architecture drawing(s) showing all demolition and new tie-in points. Provide additions on a separate drawing(s)

b) Address the following requirements:

1. Paging and security

2. Equipment and instrumentation list

3. Process narrative

c) Refer to Appendix A.12 for the details of the PCS requirements

12. Heating and Ventilation

a) Area schedule consisting of room description, seasonal temperature objectives, minimum ventilation requirement.

b) Identify and classify hazardous/confined areas in compliance with NFPA 820, where applicable.

c) Fan schedule, including equipment listing all units and throughput capacity.

d) Odour treatment equipment capacities, type, location and design performance parameters.

e) Heating system and its components including, as applicable, boiler sizing, re-circulation and booster pump capacities, equipment list with catalogue sheets, distribution piping sizes and unit heaters and other radiant heater capacities. The description of the heating system must be complemented by a schematic flow diagram that includes all components.

f) Assessment of the existing heating system to ensure that the expanded facility heating requirements are met.

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g) Dehumidification system describing the dehumidification components, equipment sizing and equipment list with catalogue sheets.

h) Cooling system describing the components, equipment sizing and equipment list with catalogue sheets.

13. Ancillary Systems

a) Plant water requirement list, frequency of use, flows and pressures.

b) Plant potable water requirements, including a list showing frequency of use, flows, pressures and temperature.

c) Fire protection system requirements, including areas to be supplied with sprinklers, standby pipes, fire cabinets, hydrants, fire doors, fire dampers etc. Use a site plan and identify the areas and their respective fire protection system coverage and/or location. Where wet protection systems are applicable, identify capacity requirements and source of water.

14. Reduced Drawings

a) Provide reduced drawings (11x17) of the following with the pre-design report:

1. Site Plan

2. Process diagrams

3. Hydraulic grade line

4. Electrical Master SLDs

5. Architectural elevations

6. Floor plans/ sections

7. HVAC

8. I&C and SCADA drawings in accordance with the PCS Guidelines.

15. Cost Estimates

a) Prepare construction cost estimate using preliminary quantity surveys and current unit prices within ±25% accuracy. Include overhead costs including bonding, profit, and insurance. Include estimating contingency of 10 %.

b) Identify cost of new works.

c) Identify cost of renovation works impacted by construction works because of changes to the various codes or legislation.

d) Include all work sheets of quantity take-off

16. Operating and Maintenance (O&M) Cost Estimates

a) Provide a summary of all operation and maintenance cost components affected by the project with a brief explanation including the following:

1. Hydro

2. Potable water and other utilities as required

3. Chemicals, fuel and other consumables

4. Spare parts

5. Staffing requirements

17. External specialty services such as maintenance contracts, testing services, calibration services Approvals & Regulatory Issues

a) List of required approvals for the project, including identification of those to be provided by the contractor, and those to be obtained by the consultant/City.

b) Assess construction site boundaries and identify likely constructor status.

c) Prepare preliminary list of confined spaces created during and after construction.

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18. Constructability

a) Identify preliminary construction staging strategy.

b) Identify the provision of temporary systems to maintain plant operations during construction. Include in the temporary systems any necessary temporary plumbing, piping, valving, bypasses, temporary electrical systems and temporary modifications to the existing control, monitoring and alarm systems to allow the plant to operate during construction.

c) Address co-ordination of the construction in recognition of the other construction projects underway or proposed at the plant, noting potential interferences, construction issues, etc.

d) Include pre-design of the demolition and decommissioning work required.

e) Confirm and show that isolation and tie-ins to existing systems are possible without impacting the facilities ability to meet all regulatory requirements.

f) Review hydraulic models and other tools to ensure that the ability of the facility to meet regulatory requirements without flooding is maintained at all stages of construction.

g) Obtain details on past shutdowns at the specific facility, similar shutdowns at similar facilities and other details to demonstrate to the City that the proposed construction methods are achievable.

h) Provide a workplan to coordinate and perform test isolations of the existing isolation devices, including gates and stop logs / bulkheads, if required

19. Schedule

a) Prepare a preliminary schedule for final design, construction, commissioning, and post-construction services of the project. Incorporate reasonable timelines into the schedule, addressing approvals requirements and City of Toronto Council award requirements.

b) Propose sequence of construction required to minimize disruption to plant operations.

A.7.5.3 Water and Wastewater Mains PDR

The PDR should include the following sections:

1. Project Description

a) Background

b) Objectives

2. Plan and Profile Drawings

a) Preliminary plan and profile including:

1. Existing soils information

2. Land to be acquired, if applicable

b) Include reduced drawings (11x17) with the pre-design report

3. Mitigating measures

a) Proposed mitigating measures reducing impact on natural, economic, and community environment, such as noise attenuation, air emission reduction, and visual aesthetics.

4. Basic Design Data

a) Basic design data as required by the MOE Certificate of Approval.

b) Complete preliminary process design calculations, as required, using existing available system data.

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5. Cost Estimates

a) Prepare construction cost estimate using preliminary quantity surveys and current unit prices within ±25% accuracy.

b) Identify cost of new works

c) Identify cost of renovation works impacted by construction works because of changes to the various codes or legislation.

d) Include all work sheets of quantity take-off

e) Include equipment pre-purchased by the City (valves, pipes, etc.)

6. Schedule

a) Prepare a preliminary schedule for final design, construction, and post-construction services of the project. Incorporate reasonable timelines into the schedule, addressing approvals requirements and City of Toronto Council award requirements.

A.7.6 Specialty Sub-Consultants

A.7.6.1 Geotechnical Investigation

1. Retain the services of a specialized firm that will conduct a sub-surface field investigation to establish geotechnical design parameters and the geochemical levels of soil contamination to establish soils management options.

2. If the Consultant undertakes the drilling of boreholes itself, then it shall be designated the "constructor" for the purposes of Occupational Health and Safety Act (OHSA) and shall assume all of the responsibilities and carry out all of the duties of a constructor as set out in OHSA and its regulations. Any agreement the Consultant enters into with a person who undertakes the drilling of boreholes (the "driller"), or with another consultant who retains a driller, shall designate the "constructor" for purposes of the OHSA, and shall require the driller to assume all of the responsibilities, and carry out all of the duties, of a constructor as set out in OHSA and its regulations. For greater clarity, in no circumstances will the City undertake the drilling of boreholes and it shall assume none of the responsibilities of a constructor in relation thereto.

3. Prepare and submit a Soil Investigation Report that addresses the following as a minimum:

a) Soil Classification(s)

b) Borehole logs

c) Grain size analysis curves

d) Type and hardness of bedrock (if encountered)

e) Depth of overburden

f) Ground water elevations

g) Soil proctors for overburden material

h) Bearing capacity of soils

i) Recommendations for soil parameters to be used for calculation of thrust blocks, and restrained joints, including coefficient of friction, shear angle, and bearing capacity.

j) Concerns as to trench bottom uplift

k) Recommendations for pipe bedding (materials) requirements with respect to City’s standards, assuming pipe materials to be steel encased concrete pressure pipe for this project.

l) Recommendations for dewatering (if required) describing available methods including well points.

m) Provide recommendations relative to bedrock blasting, and removal (if required).

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n) Recommendation for open cut trench excavation, type of shoring system, methods of tunnelling, or jacking and boring.

o) Recommendation on the use of native backfill, placement depth of layers, and compaction specification for same.

p) Recommendations as to resistivity of the soil, as in-situ and fully moistened, and chloride ion concentration, pH corrosivity, with respect to the proposed pipe materials. These samples are to be obtained at the proposed watermain depth. Allowed for a minimum of five (5) tests with the samples to be taken at approximately 500 metres apart.

q) Soil Chemical Analysis Report based on the testing of a minimum of six (6) representative soil samples, taken at the rate of 1 sample per 100m3 or as appropriate for the site size. A Qualified Person (QP) shall confirm acceptability of testing frequency required to characterize the soil affected in total, based on the site characteristics (history, land use, soil stratigraphy etc.). Analysis is to include Metals and Inorganics, Petroleum Hydrocarbons, Polycyclic Aromatic Hydrocarbons, Volatile Organic Compounds, PCBs, asbestos. Provide testing for O.Reg 347 Schedule 4 parameters at a frequency of 1 sample per 100m3. The chemical analysis is intended to address any qualitative concerns for materials to be disposed off site. Make recommendation on the disposal of the material off site based on the outcome of the chemical analysis of the soil.

4. If the Request for Proposal indicates that the City will separately retain the geotechnical services, Initiate and co-ordinate all work associated with the sub-surface investigation including:

a) Identify areas to be investigated based on the review of the existing reports and the proposed land use

b) Prepare the terms of reference for a sub-surface investigation in compliance with the City’s standards

c) Review the quotations and recommend a specialized firm to be retained by the City

d) Administer all work undertaken by the selected firm

e) Incorporate the recommendations in the relevant reports

5. Allow for a minimum of eight weeks for the City to retain these services.

A.7.6.2 Noise Study

1. Retain the services of a specialized firm to conduct a noise study in compliance with NPC and the City of Toronto Municipal Code.

2. If the Request for Proposal indicates that the City will separately retain the noise study services, the Consultant shall initiate and co-ordinate all work associated with the noise study as follows:

a) Identify areas to be investigated based on the installation of the existing and the proposed layout of the new facilities

b) Prepare the Terms of Reference for a noise investigation in compliance with the City’s standards

c) Review the quotations and recommend a noise consultant to be retained by the City

d) Administer all work undertaken by the noise consultant

e) Incorporate the recommendations and ensure implementation of noise attenuation measures, as required.

3. Allow for a minimum of eight weeks for the City to retain these services.

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A.7.7 Deliverables

A.7.7.1 The following provides a list of deliverables upon completion of the pre-design. The Consultant shall note that the RFP may contain additional project specific deliverables or delete some accordingly.

1. Review of Design Alternatives

2. First draft Pre-design Report

3. Second draft Pre-design Report

4. Final Pre-design Report complete with design calculations

5. Energy Management Plan

6. Technical Memorandum Building Envelope Evaluation

7. Soils Investigation Report

8. Noise Study

A.7.8 Subsurface Utility Engineering (SUE)

A.7.8.1 Undertake SUE investigations to quality level defined in RFP per requirements below

A.7.8.2 Quality Level 'D'

Utility Records and Plans Research is the first level of engineering effort. The focus is on conducting utility records research to identify utility owners that may have facilities on, or may be affected by, the proposed project. The tasks include:

1. Records and Information Research- conduct appropriate investigation (e.g. Owner records, City of Toronto archival records, TPUCC records, personal interviews, visual inspections, etc.) to help identify utility owners that may have facilities within the project limits or that may be affected by the project

2. Record Collection- collect applicable records (e.g. utility owner base maps, “as built” or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities.

3. Records Review- review records for evidence or indication of additional available records. For duplicate or conflicting information, provide clarification.

4. Aerial or Ground-Mounted Facilities- include records research, identification, and depiction of aerial or ground-mounted facilities in Quality Level ‘D’ tasks when specified.

5. Compilation and Presentation of Data- transfer information on all involved utilities to appropriate plan sheets, electronic files, and/or other documents as required by the City of Toronto. Exercise professional judgment to resolve conflicting information. For information depicted, indicate; utility type and ownership; date of depiction; quality level (s); end points of any utility data; line status (e.g. active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement.

A.7.8.3 Quality Level “C”-

Survey of Surface Features indicates the presence and approximate horizontal location of underground utilities by surveying visible above ground utility features, such as maintenance holes, valve boxes, posts, etc., and by using professional judgment in correlating this information with existing utility records. The tasks include:

1. All tasks indicated as required under Quality Level “D”. There is no prescribed order for completing the Quality Level D tasks versus the Level C tasks.

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2. Identification of Surface Utility Features- identify surface features, from project topographic data (if available) and from field observations that are surface appurtenances of subsurface utilities.

3. Aerial or Ground-Mounted facilities- include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks if specified.

4. Utility Survey and Verifications- surveys of subsurface utility facilities or systems shall also include (in addition to subsurface utility features visible at the ground surface), determination of invert elevations of maintenance holes and vaults; sketches showing interior dimensions and line connections of such maintenance holes and vaults; any surface marking denoting subsurface utilities, furnished by utility owners for design purposes. Survey surface features of subsurface utility facilities or systems, if such features have not previously surveyed and carry out verification checks on previous survey data for accuracy and completeness.

5. Confined Space Procedures- confined entry procedures (including but not limited to maintenance holes, vaults, and pipes, etc.), are to comply with City of Toronto applicable procedures and requirements contained within the City of Toronto, Health and Safety Policy.

6. Correlation, Interpretation, Presentation of Data Resolution of Discrepancies- exercise professional judgment to correlate data from different sources, and to resolve conflicting information. Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level ‘D’ and Quality Level ‘C’ data. Recommend follow-up investigations (e.g., additional surveys, consultations with utility owners, etc.) as may be required to further resolve discrepancies and conflicts. As appropriate amend the indicated quality level of depicted information.

A.7.8.4 Quality Level “B”-

Designating Horizontal Position increases the accuracy of the information by utilizing surface geophysical measurement methods, such as electromagnetic, magnetic, ionic, or other energy fields to search for and trace existing utilities. The tasks include:

1. All tasks indicated as required under Quality Levels “D” and “C”. There is no prescribed order for completing the Quality Level B tasks versus the Level C and Level D tasks.

2. Line Detection and Marking- select/apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. In conjunction with the City of Toronto standards and based on an interpretation of data, mark the indications of utilities and label individual utility information on the ground surface, for subsequent survey. Unless otherwise directed, mark centerline of single conduit lines, and outside edges of multi-conduit systems. As an alternative to the physical marking of lines, the Consultant may, with City of Toronto approval, utilize other means of data collection, storage, retrieval, and reduction that enables the correlation of surface geophysical data to the projects survey control.

3. Surveys- Survey all markings that indicate the presence of a subsurface utility. Perform surveys to a horizontal accuracy consistent with applicable City of Toronto survey standards. Reference surveys to the project’s survey control. Record depth information of utility, which is indicated by the particular detection method, used. Clearly identify the means used to estimate depth, and the estimated level of accuracy.

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4. Correlations, Interpretation, Presentation of Data Resolution of Discrepancies- exercise professional judgment to correlate data from different sources and to resolve conflicting information. Update and/or prepare plan sheets, electronic files, and/or documents to reflect the integration of Quality Levels D, C, and B data. Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. As appropriate, amend the indicated quality level of depicted information.

5. All completed design services must be certified as to accuracy a licensed Professional Engineer. All drawings and reports must be stamped and signed.

A.7.8.5 Quality Level “A”

Locating Horizontal and Vertical Position is the most accurate assessment and is typically used in the final design stage, when utilities have a high potential for conflicts with the proposed construction. Test holes are completed using vacuum extraction or other comparable non-destructive approaches so as to not cause damage to the utility lines. After excavation is complete, a field survey determines the exact location and position of the utility line. The Quality Level A tasks include:

1. All tasks indicated as required under Quality Levels “D”, “C”, and “B”. There is no prescribed order for completing the Quality Level A tasks versus the Level B, C and D tasks.

2. Selection of Test Locations- City of Toronto may require Quality Level A data where the precise horizontal and vertical location of utilities, obtained by exposure and survey of the utility at specific points, is needed for conflict assessment and/or resolution purposes. The Consultant may recommend test locations based on the requirements of the project and on existing subsurface utility information.

3. Selection of Method- The Consultant shall use minimally intrusive excavation techniques, acceptable to the City of Toronto, where utility lines must be exposed and surveyed at specific locations that ensure the safety of the excavation, the integrity of the utility line to be measured as well as other lines, which may be encountered during excavation. The Consultant will ensure excavation shall be by means of air or water assisted vacuum excavation equipment manufactured specifically for the purpose. No other means of mechanical excavation shall be allowed.

4. Excavation of Test Holes- clean the test hole area of surface debris. In paved areas, neatly cut and remove existing pavement, cut not to exceed 0.15 square meters unless otherwise approved. Excavate test hole by method(s) approved by the City of Toronto and to the applicable standards. The nominal diameter of the test hole shall not exceed 375 mm unless otherwise approved. Expose the utility only to the extent required for identification and data collection purposes. Avoid damage to lines, wrappings, coating, and cathodic protection or other protective coverings and features. Hand dig as needed to supplement the excavation and to ensure safety of personnel and buried plant. Revise test hole location as necessary to positively expose the utility.

5. Collection, Recording, and Presentation of Data- measure and/or record the following information on an appropriately formatted test hole data sheet that has been dated and professionally sealed by Consultant. Elevation at top and/or bottom of the utility tied to the project datum, to a vertical accuracy of +/-15mm. Elevation of existing grade over utility at test hole. Horizontal location of utility referenced to project coordinate datum, to a horizontal accuracy consistent with applicable City of Toronto survey requirements. Field sketch showing horizontal location referenced to a minimum of three (3) swing ties to physical structures existing in the field and shown on project plans. Approximate centerline bearing of utility lines. Nominal diameter of pipe, width of duct banks and configuration of non-encased multi-conduit systems. Utility structure material composition, when reasonably ascertainable. Identity of benchmarks used to determine elevations. Ascertain and note condition of utility. Pavement thickness and type when applicable. Soil type and site

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conditions. Identity of utility owner/operator. Other pertinent information as is reasonably ascertainable from test hole.

6. Site Restoration- replace bedding material around exposed utility lines in conformance with owner’s specifications or as otherwise directed or approved. Backfill and compact excavated material in accordance with City of Toronto requirements. Re-install color-coded warning ribbon within the backfill area and directly above the utility line. Supply/install permanent surface marker (e.g. P.K. nail, peg, steel pin, or hub) directly above the centerline of the structure or edge of structure for duct banks and record elevation of marker. Restore paved areas using grout and 50 mm asphalt at surface. Dispose of all unused material that was removed in accordance with the City’s standards and current regulations.

7. Interpretation of Data and Resolution of Discrepancies- provide professional expertise to correlate multi-sourced data and to resolve conflicting information. Update plan/profile sheets, electronic files, and/or other documents to reflect the integration of Quality Levels D, C, B and A data. Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. As appropriate, amend the indicated quality level of depicted information.

8. All completed design services must be certified as to accuracy a licensed Professional Engineer. All drawings and reports must be stamped and signed.

END OF APPENDIX A.7

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TABLE OF CONTENTS

A.8 DETAILED DESIGN ENGINEERING SERVICES..................................................... 2

A.8.1 GENERAL .................................................................................................................................... 2

A.8.2 PRE-REQUISITES ......................................................................................................................... 2

A.8.3 DESIGN REVIEW REQUIREMENTS .................................................................................................. 3

A.8.4 50% DESIGN REVIEW PACKAGE ................................................................................................... 3

A.8.5 70% DESIGN REVIEW PACKAGE ................................................................................................... 4

A.8.6 95% DESIGN REVIEW PACKAGE ................................................................................................... 5

A.8.7 100% FINAL DESIGN PACKAGE .................................................................................................... 6

A.8.8 EQUIPMENT PRE-SELECTION PROCESS ........................................................................................ 7

A.8.9 SPECIFICATION REQUIREMENTS ................................................................................................... 7

A.8.10 APPROVALS ................................................................................................................................. 8

A.8.11 PRE-START HEALTH & SAFETY REVIEW ........................................................................................ 8

A.8.12 PRE-TENDER ESTIMATE ............................................................................................................... 9

A.8.13 SERVICES DURING TENDER PERIOD .............................................................................................. 9

A.8.14 HAZARD AND OPERABILITY REVIEW .............................................................................................. 9

A.8.15 CONTRACTOR PRE-QUALIFICATION ............................................................................................. 10

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A.8 Detailed Design Engineering Services

A.8.1 General

A.8.1.1 Complete the detailed design of the project as outlined in the final pre-design report (unless otherwise directed) including the preparation of tender/contract documents, contract drawings, and technical specifications.

A.8.1.2 Provide expertise required for the design of the structures and facilities to service the best interests of the public, with due regard for the environmental and public concerns, capital cost and operating efficiency, in accordance with the recognised industry standards, guidelines, best practices, codes, regulations, etc. as established by the City and all regulating authorities. Refer to Appendix A.1.

A.8.1.3 Provide continuous quality assurance and quality control (QA/QC) per Appendix A1

A.8.1.4 Prepare drawings in accordance with the City’s Design & Drafting Standards and requirements of Appendix A.4.

A.8.1.5 Obtain drawing numbers from the City.

A.8.1.6 At each facility, the City of Toronto maintains a complete set of Master Process and Instrumentation Diagrams (Master P&IDs) and Master Single Line Diagrams (Master SLDs) that completely document the existing systems. The Consultant is to edit the existing Master P&ID set, Master SLD set and Master SCADA Architecture so that they remain an accurate representation of the facility following completion of the work. All cross-references in the Master Drawing Sets must be updated within the set to reflect the changes being made under the contract.

A.8.1.7 All processes shall be fully automated, allowing for unattended operation of the system. Comply with the requirements of the PCS Guidelines and Appendix A12

A.8.1.8 Where necessary, co-ordinate with City staff for test pits. Consultants to arrange for all utility locates prior to undertaking the test pits. Take attendance and have the findings of the test pits recorded and reported by a geo-technical consultant. Provide the report of the test pits to the City.

A.8.1.9 Complete an assessment of newly created confined spaces (both during and after construction). Identify potential updates the plant inventory so that the City can undertake an assessment for operational conditions once the contract is complete. Provide the necessary information in the contract documents related to confined spaces.

A.8.1.10 As per National Fire Protection Association (NFPA) 820 and Ontario Electrical Safety Code (OESC) provide electrical area classifications drawing for all working areas within the project scope and indicating areas in the project requiring a hot work permit.

A.8.2 Pre-Requisites

A.8.2.1 Do not proceed with detailed design engineering phase until the following tasks have been completed.

1. Final Pre-Design Report has been accepted by the City and the Project Manager has directed in writing to proceed with detailed design engineering phase.

2. A project workplan has been developed and presented, including the design schedule, list of project deliverables, and required approvals.

3. Topographic survey of the project site(s) has been completed (if applicable).

4. Geo-technical/Sub-surface Investigation program has been completed and final geo-technical/sub-surface investigation report has been submitted (if applicable).

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5. Design team members have visited and are completely familiar with the plants, facilities, and operating procedures.

6. Design team members have reviewed drawings of the existing facilities and have identified discrepancies on the existing record drawing details from the existing conditions.

7. A workplan to identify and verify ground and buried utilities and services has been provided.

8. Electrical area classifications drawing(s) has been developed for waste-water facilities.

A.8.3 Design Review Requirements

A.8.3.1 Detailed design review packages are required at 50%, 70%, 95% and 100% design completions.

A.8.3.2 Include with each design review package the complete drawings list indicating percentage complete for each drawing. Provide with each submission, a log of City comments and changes made in the submission to address comments provided.

A.8.3.3 Request for Information (RFI) Log – create and maintain RFI log, including issue date and response date.

A.8.3.4 Decisions Log – create and maintain issues log documenting decisions made with appropriate references to other documents such as meeting minutes/notes, RFI. Append decisions log with the meeting minutes.

A.8.3.5 Capital Costs and Schedule -Track project capital costs and schedule throughout the project design period. Identify impacts of design changes on the schedule and capital costs

A.8.4 50% Design Review Package

A.8.4.1 Prior to submitting the design review package ensure that following tasks have been completed.

1. All major design decisions have been documented clearly and agreed to by the City.

2. Resolution of outstanding issues from the pre-design reports.

3. Detailed design review package contains sufficient design details to convey the design intent. The design package indicates greater than 50% of the design completion effort e.g. the aggregate total of percent complete of the drawings in the review package represent greater than 50% total of the estimated drawings for the project.

4. Using the logic of the tagging standard and existing documents, develop, submit and receive approval of tags for new assets, equipment and instrumentation using the City's Enterprise Tagging Management System (ETMS) and Toronto Water's Tagging Standard. Submit data using the prescribed Entity Information / WMS Worksheet excel spreadsheet.

A.8.4.2 Include with the review package the following:

1. Site Plans indicating elevations, building locations, access roads, right-of-way for underground utilities and services

2. Process Design, including

a) Master P&IDs edited to document proposed demolition, alteration and modification, including integration and tie in with existing systems

b) New P&IDs, where applicable, including tag number for all equipment, valves, and instruments

c) Hydraulic profile

d) Equipment Data Sheets

e) List of Major Equipment selection

f) Confirm equipment that requires pre-selection/pre-purchase

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3. Building Layouts indicating:

a) Floor plans with major equipment size and location

b) Major piping and duct work

c) Raceways for electrical duct work, HVAC ducting, plumbing, etc.

d) Building sections and elevations

4. Plans and Profile drawings of existing and proposed mains, sewer, utilities, hydro/electrical ducts/duct banks and other services.

5. Electrical design

a) Refer to Appendix A.11 for the details of electrical requirements.

6. I&C and SCADA design – develop or update the following:

a) Master process control narratives.

b) SCADA architecture drawings and updated Master SCADA Architecture Drawing

7. Updated Capital Cost Estimate

8. Risk Register – the consultant needs to identify the potential risks and its impact/cost on the project during construction stage, identifying all possible risks its probability, magnitude, severity, costs and actions to be taken etc.

A.8.5 70% Design Review Package

A.8.5.1 Prior to submitting the design review package ensure that following tasks have been completed:

1. Resolution of outstanding issues from the 50% design review package.

2. Comments from the 50% design review package have been incorporated.

3. Equipment pre-selection/ pre-purchase process, if applicable.

4. Updated Capital Cost Estimates identifying changes to the pre-design cost estimates.

5. Detailed Design Review package contains sufficient design details to indicate greater than 70% of the design completion effort, e.g. the aggregate total of percent complete of the drawings and specifications in the review package represent greater than 70% total of the estimated drawings and specifications for the project.

A.8.5.2 Include with the review package the following:

1. Details of pre-selected equipment.

2. Drawings indicating greater than 70% design completion effort.

3. Table of Content of Technical Specifications.

4. Detailed specifications for Division 1 including summary of work, sequence of construction, requirements for operational input, constraints, training, testing, commissioning, etc. For wastewater treatment facilities, incorporate City requirements of "Use of Owner's Site" into Division 1.

5. Detailed Specifications Sections from Divisions 2 and 3.

6. Detail Specifications Sections from Division 11 to Division 16 for major equipment and processes.

7. Arc Flash Hazard Assessment Report: Refer to Appendix A.11 for the details of the requirements.

8. Develop or update the following documents for 70% detailed design:

a) Update 50% detailed design documents

b) Local & Area control panel drawings and RPU panel drawings

c) Equipment layouts and control schematics

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d) SCADA hardware and software requirements

e) Instrument ranges and setpoints

f) Alarm list including alarm conditioning

g) Identify iHistorian, eOPS, POMS, LIMS requirements

h) Paging and security

i) Networking and structured cabling

j) Equipment and instrumentation physical tag list

k) Electrical drawings and specification. Refer to Appendix A.11 for the details of the requirements.

l) Removals, including hardware, wiring

m) Identify RPU/HMI program/code removal in scope of work section of specification

n) "General Info" portion of WMS EIW

9. Soil Management Plan: Prepared by a Qualified Person (QP). Advise whether soil must be managed in accordance with the MOECC document entitled "Management of Excess Soil – A Guide for Best Management Practices", or if a bespoke solution is permissible. Outline the commercial terms and algorithms governing soil handling that will be included in Divisions 2 and 3 as well as Form of Tender Schedule of Prices, i.e., volumes (reuse and disposal), stockpiling and testing logistics, excavation procedures and precautions, dewatering requirements and responsibilities, the receiving or disposal facilities that will be required and approximate volumes to each, quantities of soils that are available for reuse, constraints and conditions governing soil reuse. It is the City's position that the Soils Investigation Report is for the exclusive use of the designer, who will prepare appropriate technical and commercial terms for inclusion in the construction contract. The intent is to limit risks of changed conditions, leading to 'crisis pricing' from the Contractor during construction.

10. Construction Testing Memo: the City internally completes and/or has standing purchase orders for a variety of construction testing (granular material, welding and structural steel, asphalt and membrane testing, elastomeric bearing testing). Prepare memo identifying list of tests required during construction, and review with City staff to determine which tests will be completed internally via the City's blanket contracts, which are to be included in the construction tender, and which will be done by procuring specialized testing services..

11. Expand on Summary of Work, Sequence of Construction, PCS Transition Plan. The PCS Transition Plan outlines the construction sequence required to ensure continuity of control, data acquisition and trending, and a strategy to migrate from existing to new systems without undue risk to system.

12. Updated project risk register.

13. Provide an update to the Energy Management Plan (EMP) provided in the pre-design phase in TM format. The update is to refresh all energy savings calculations for base case analysis, and updates to energy savings from measures implemented in detailed design, with specific information and data from the specified equipment. The TM should include all specific data for the energy calculations, based on the specified equipment. Refer to Appendix A.14 for the details of EMP requirements.

A.8.6 95% Design Review Package

A.8.6.1 Incorporate the comments from the City of Toronto and prepare complete set of contract documents including Form of Tender, etc., drawings and technical specifications. The Soils Investigation Report is not to form part of the contract documents, except as approved under special circumstances by the City.

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A.8.6.2 Ensure that design review package is complete and ready for final review by the City and suitable for review by the approval agencies. Insert on the drawings revisions table with “Issued for Approval” note and date.

A.8.6.3 Submit complete set of drawings and specifications bearing signatures and stamp of professional Engineers/Architect etc. to the City of Toronto for review and to the approval agencies.

A.8.6.4 Submit draft consultant SCADA Operation Manual.

A.8.6.5 If the engineering consultant is recommending that only one manufacturer be named in the specification, provide a business case that details the rationale.

A.8.6.6 Provide an update to the Operating & Maintenance Cost Estimate provided in the pre-design phase in TM format. Provide as a final draft TM on the estimated change of the annual operating budget resulting from the work provided under this project.

A.8.6.7 Populate the WMS EIW with equipment numbers and descriptions for Vendor Contractor to provide additional detailed information during construction.

A.8.6.8 Updated project risk register.

A.8.7 100% Final Design Package

A.8.7.1 Incorporate comments from the City and the approval agencies and prepare final tender documents.

A.8.7.2 Submit electronic copy in native format (MS Word, Excel, AutoCAD) and PDF in CD/USB of final Drawings and Specifications.

A.8.7.3 Upon final approval, submit the original final tender documents to the City of Toronto. Drawings are to be submitted in the form of CADD and PDF files and the Specifications are to be submitted in their original format (i.e. Word, Excel, etc.). Insert “Issued for Tender” note and date on the drawings revisions table. Drawings and specifications to be stamped and signed by a Professional Engineer, licensed in the Province of Ontario. Provide one (1) paper copy of 11” x 17” stamped and signed drawings.

A.8.7.4 Provide to the City a digital copy of all final design calculations and design notes for the process, structural, mechanical, HVAC, electrical, and instrumentation related to detailed designs for the City’s information and storage. Calculations to include all assumptions, design criteria and design parameters.

A.8.7.5 Provide final WMS EIW with equipment numbers and descriptions for Vendor Contractor to provide additional detailed information during construction incorporating feedback from 95% design stage.

A.8.7.6 Deliverables:

1. Signed, stamped drawings and specifications

2. Pre-Start Health & Safety Report including area classifications

3. Confined Space Inventory

4. Final project specific DSL and confirmation letter indicating compliance with project limits and scope.

5. Final EMP

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A.8.8 Equipment Pre-Selection Process

A.8.8.1 Identify, prior to 50% design completion stage, the equipment that is recommended to be pre-selected and/or pre-purchased. Provide rationale for pre-selecting/pre-purchasing the equipment. Note that the City does not pre-order pre-selected equipment.

A.8.8.2 Do not commence with pre-selection until authorised by the City.

A.8.8.3 Note that pre-selection is a form of equipment procurement, thereby requiring engineering effort and appropriate timelines for tender, evaluation and award. This must be accounted for in the project workplan and schedule.

A.8.8.4 The City has pre-selection documents that must be used that reflect the City’s specific approach to this process. Discuss the requirements in advance with City staff, so the project team has a thorough understanding of the process and timelines required.

A.8.8.5 Prepare documents for the pre-selection or pre-purchase of equipment and machinery and administer the pre-selection process. The tasks to be undertaken for pre-selection process shall include, but not be limited to the following:

1. Prepare a draft risk assessment document, to quantify the risks and consequences of failure, of the equipment under consideration. Provide recommendations on the limitation of liability to be imposed on the vendor in the pre-selection document. The risk assessment will be finalized by the City.

2. Develop life-cycle analysis methodology for selection of the most appropriate equipment over the life-cycle of the equipment. Note pre-selection RFQ's are awarded based on the lowest life-cycle cost.

3. Submit draft copy of pre-selection document for review, utilizing City of Toronto standard documents for “Request for Quotation for the Pre-Selection of Equipment”. Meet with the Project Manager and staff for review of the pre-selection document. Revise draft documents and submit final for approval.

4. Provide technical support during the pre-selection bidding period and respond to queries

5. Prepare draft copies of addenda for issuance by the City.

6. Attend bidders’ meeting.

7. Review bids received from equipment supplies and provide written recommendation to City.

A.8.8.6 Generally, ensure that equipment pre-selection is completed prior to 70% design completion.

A.8.9 Specification Requirements

A.8.9.1 Specifications are to include only information for materials, equipment and methods of construction that is pertinent to the works under construction. All non-applicable sections and clauses are to be deleted.

A.8.9.2 Ensure that the latest version of the City of Toronto’s Front End documents are used and complete in the preparation of the Contract Documents. Obtain Contract Number from the City.

A.8.9.3 Prepare technical specifications conforming to National Master Specifications (NMS) format. The City maintains the electrical (Division-16) specifications for use in Toronto Water facilities. The consultant shall obtain the electrical specifications through the City Project Manager, and use it for the project after reviewing it and making sure it meets the project requirements.

A.8.9.4 Include provisions within the contract documents to meet City requirements for construction and construction administration (i.e. testing, commissioning, training, DSL management strategies, O&M manuals, shutdowns, performance requirements, etc.). Provide confined space inventories.

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A.8.9.5 Within the tender specifications, describe the required construction schedule and sequence of execution of the project, assuring minimal impact to the plant operations and timelines. Prepare and document a sequence of proposed shutdowns and their execution timetable and obtain City approval of such. Specify in detail, all operational constraints including connection to existing plant utilities, shutdown and start up and commissioning sequence. The plan is to include specific details with respect to process limitations and constraints. Develop and incorporate PCS transition plan requirements including temporary automation facilities if necessary.

A.8.9.6 Within the tender specifications, describe the dewatering requirements/methodology for construction assuring minimal impact to the facility operations and timelines. Specify in detail, all facility and regulatory constraints including connection to existing utilities, shutdown and start up and commissioning sequence.

A.8.9.7 Specify in detail, procedures for access to work site during construction to ensure safety and security. Identify contractor work and storage areas. Ensure the material handling of major components is performed in a manner that prevents damage. Identify key work areas for City staff that require constant safe access that must be provided by the Contractor.

A.8.9.8 Include necessary specifications and drawings to remove designated substances as part of the construction work. Provide a detailed strategy for managing suspect materials.

A.8.9.9 Identify all contractor submittals, including those identified in the PCS Guidelines.

A.8.9.10 Prepare detailed start-up/shut-down procedures with the input of City staff. Procedures are to detail the process and equipment related start-up/shut-down procedures that need to be implemented by plant staff during the construction phase. The detailed start-up/shut-down procedures shall be included in the tender document.

A.8.9.11 Ensure, prior to tendering, that all contract documents are complete and contain all the details required for the construction of the works. The City will not permit tendering with incomplete and/or deficient contract documents and the necessary approvals.

A.8.10 Approvals

A.8.10.1 Secure permits/approvals required for the project. Ensure that all permits and approvals have been issued prior to calling the tender for the project. Reference Appendix A3.

A.8.11 Pre-Start Health & Safety Review

A.8.11.1 Prepare a Pre-Start Health and Safety review in accordance with OHSA and applicable regulations for: racking & stacking structures, lifting devices, flammable liquids, explosion hazards, dust collectors, safeguarding of machinery, and occupational exposure.

A.8.11.2 The review is to ensure that the construction, addition or installation of a new apparatus, structure, protective element or process, or the modification to existing apparatus, structure, protective element or process are in compliance with the applicable provisions of the Regulation for Industrial Establishments.

A.8.11.3 The work will consist of:

1. Preparation of an initial report based upon review of the final drawings and specifications,

2. Attendance at meetings with City to review draft initial report,

3. Modifications to detailed tender drawings and specifications as required,

4. Finalize initial report.

A.8.11.4 If a trigger for a PSR is not present per above, provide a signed letter confirming such.

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A.8.12 Pre-Tender Estimate

A.8.12.1 On completion of the design work, the Consultant shall prepare and submit a pre-tender estimate at the time of submitting the tender package to the City of Toronto. Pre-tender estimate should include contingency amount based on the risk register prepared for the project.

A.8.12.2 Prepare the pre-tender estimate accurate to within ±10%. Estimates to be completed using industry recognized standard cost estimating tools such as Means or other applicable costing manuals, guidelines and standards. As a minimum, provide a breakdown by specification section, adjusted to the mid-point of construction, and inclusive of contractor overhead and profits, contingency, etc.

A.8.13 Services during Tender Period

A.8.13.1 General

A.8.13.2 The tender period shall not be less than three weeks and usually not more than six weeks. For complex projects, it may be as long as eight or more weeks.

A.8.13.3 During the tender period, receive requests for information/clarification from the City. Prepare addenda, as required, for distribution by the City. Addenda could include drawing or specifications revisions required to clarify the base scope of work. Submit addenda at earliest date possible and no later than one week before tender period ends.

A.8.13.4 Attend and chair one (1) site meeting with bidders. The meeting will be used to brief the bidders on the contract documents and the project and will be followed by a site walk-through. Take an attendance record of all contractors present and record all questions raised and answers provided. Submit information to the City. Include information in the next addendum for the project.

A.8.13.5 Perform evaluation or tenders, including: formality, pricing, bonding, completion date, and alternatives. Submit a tender report and recommendation to the City, no later than seven consecutive calendar days after the close of the tender.

A.8.13.6 Prepare and submit recommendations to the City for award of contract including suitability of contractor to carry out the work.

A.8.13.7 Arrange to attend one (1) pre-award meeting chaired by the City with the lowest formal bidder. The meeting will be used to review the submitted tender and to confirm contractual obligations prior to the award of the Contract.

A.8.13.8 Upon closing of the tender, the Consultant is to prepare consolidated "Issued for Construction" drawings and specifications, incorporating any changes identified in the Addenda.

A.8.14 Hazard and Operability Review

A.8.14.1 Conduct a hazard and operability review at approximately 70% detailed design. This review is a systematic, critical examination of the engineering design and equipment. The objective of the review is to assess the hazard potential of malfunctions of the individual equipment in a system and the consequential effects on the facility, operations staff, and upon the environment. The review will identify potential hazards associated with the new equipment and its operation and will recommend measures to minimize these hazards. These measures shall be incorporated into the final design.

A.8.14.2 Submit an electronic (pdf) file of the following documents. Documents are to be provided two weeks before the date of the session:

1. P&IDs including equipment tags and control loops

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2. A detailed process control narrative (numbered and including revision dates)

3. Layout drawings (numbered and including revision dates)

4. Draft Alarm list complete with priority level and set points

5. A complete node list

6. A preliminary list of deviations including standard (flow, temp, pressure, etc.) and project specific deviations

7. Do not revise documentation provided prior to session.

A.8.14.3 Utilize a third party specialist for the review meeting. The specialist shall be responsible for creating the report, providing direction to meeting participants and mediating the review to ensure that discussion is focused and relevant to the review in particular. Design issues and comments shall be discussed at separate meetings. It is the specialists' responsibility to ensure the meeting takes place as efficiently as possible.

A.8.14.4 The specialist shall have a minimum 10 years' experience in undertaking hazard and operability analyses. The specialist shall have a basic understanding of the process such that they can direct participants towards additional decisions that may not have been considered in the preliminary list. The specialist and consultant shall not expect the City participants to be experts and must lead discussions so as to identify all of the possible deviations.

A.8.14.5 The review shall include a risk ranking of each deviation both before and after the recommendations have been included

A.8.14.6 Submit a draft report within three weeks following the review and a final report within one week from receiving the City’s comments regarding the draft report. The final report shall include a complete set of documents used during the session. Each recommendation in the final report shall have a person responsible for the recommendation identified

A.8.14.7 Include for a follow up meeting to review the recommendations and assigned risk ranking as required for any items that require further discussion

A.8.15 Contractor Pre-Qualification

A.8.15.1 Where contractor pre-qualification is included in the base scope of the RFP, the steps outlined in this section are to be followed.

A.8.15.2 Develop mandatory requirements (pass/fail) and a point-based evaluation structure for each category of contractors to be prequalified.

A.8.15.3 Utilizing the City's latest template, prepare a draft Request to Prequalify (RTP) for review and approval by the City. Finalize the draft with input from the City.

A.8.15.4 The City will issue the Request to Prequalify (RTP) and accept the submissions. The evaluation of the submissions will be carried out by the City's project team but will also include the Consultant's Project Manager.

A.8.15.5 Evaluate all submissions individually. Undertake reference checks for each submission using a set of questions developed jointly by the evaluation team. Provide a summary of responses for the City to use in the prequalification process.

A.8.15.6 Participate in the review team meeting to select the qualified contractors

END OF APPENDIX A.8

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TABLE OF CONTENTS

A.9 SERVICES DURING CONSTRUCTION ................................................................... 2

A.9.1 GENERAL .................................................................................................................................... 2

A.9.2 CONTRACTOR REQUESTS FOR INFORMATION (RFI) ....................................................................... 3

A.9.3 CONSTRUCTION SCHEDULE .......................................................................................................... 3

A.9.4 SHOP DRAWINGS ......................................................................................................................... 3

A.9.5 CHANGES IN SITE CONDITIONS & SCOPE OF WORK ....................................................................... 4

A.9.6 PROGRESS PAYMENTS: ................................................................................................................ 4

A.9.7 PRE-START HEALTH AND SAFETY REPORTS: ................................................................................. 4

A.9.8 RESIDENT STAFF ENGINEERING SERVICES DURING CONSTRUCTION ............................................... 4

A.9.9 MASTER DEFICIENCY LIST: ........................................................................................................... 6

A.9.10 TRAINING AND MANUALS PROVIDED BY CONTRACTOR/SUPPLIER FOR PLANT OPERATION STAFF ON

OPERATION AND MAINTENANCE OF EQUIPMENT .......................................................................... 6

A.9.11 CONSULTANT'S OPERATION MANUALS & OPERATIONS TRAINING ................................................... 7

A.9.12 TESTING AND COMMISSIONING ..................................................................................................... 8

A.9.13 TESTING PRE-REQUISITES ........................................................................................................... 8

A.9.14 START-UP PRE-REQUISITES ......................................................................................................... 8

A.9.15 COMMISSIONING PRE-REQUISITES ................................................................................................ 9

A.9.16 SUBSTANTIAL PERFORMANCE PRE-REQUISITES ............................................................................ 9

A.9.17 HANDOVER AND ASSUMPTION OF FACILITIES ................................................................................. 9

A.9.18 CONSULTANT'S COST CONTROL OF PROJECT DURING CONSTRUCTION ......................................... 10

A.9.19 FOR CONSTRUCTION DRAWINGS ................................................................................................ 11

A.9.20 RECORD DRAWINGS – MASTER P&ID, SLDS AND SCADA ARCHITECTURE .................................. 11

A.9.21 AS-BUILT DRAWINGS – CONSTRUCTION CONTRACT .................................................................... 11

A.9.22 FIELD AMBASSADOR .................................................................................................................. 12

A.9.23 REGULATORY AGENCIES APPROVALS ......................................................................................... 13

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A.9 SERVICES DURING CONSTRUCTION

A.9.1 General

A.9.1.1 Provide general engineering services for administering the contract and site inspection of the work during the construction phase.

A.9.1.2 The Contractor is responsible for carrying out his obligations under the terms and conditions of the construction contract. The Contractor is also responsible for the quality of the work.

A.9.1.3 The Consultant is neither responsible for the construction of the work, nor are his review services rendered for the Contractor's benefit. The Consultant is the City's agent to administer the Contract.

A.9.1.4 Monitor and inspect the Contractor's work to ensure that the Contractor carries out the work as designed per the contract specifications, and to confirm that the constructed plant/facility will perform and function as intended.

A.9.1.5 Assist the City in the proactive identification, documentation, communication and resolution of Health & Safety concerns during the construction phase as they relate to the OHSA.

A.9.1.6 If the Consultant determines that the Contractor is not carrying out the work in accordance with the Contract Documents, or the work does not satisfy the intent of the design, or does not conform with the plans and specifications, or does not continue to conform to the proposed schedule, the Consultant shall report to the City’s Project Manager, and at the same time provide recommendations on the course of action to rectify the problem(s).

A.9.1.7 Conduct formal construction status review meetings. The consultant will hold project site review meetings with the City and the Contractor every two weeks during the construction phase, and on a weekly basis during the commissioning phases. The meetings will review the following, as a minimum:

1. Health and safety

2. RFI status

3. Shop drawing status

4. Site instructions

5. Changes to the contract

6. Coordination with facility and/or other contracts

7. Construction progress and schedule, including equipment procurement sub-contract status, and milestones

8. 2 week rolling schedule

9. 6 week look ahead including any shutdowns to plant operations

10. Project finances

A.9.1.8 Issue supplementary details and instructions to clarify the intent of the design to the Contractor as required.

A.9.1.9 Evaluate and advise on alternative methods, equipment and materials proposed by the Contractor as permitted by the terms and conditions of the contract.

A.9.1.10 Contracts are to be administered in accordance with the guidelines provided in the Field Services Manual. The Vendor must use the City's Daily Reports, Contract Change Order and Change Directive forms. Specifically note the City's protocols regarding signing authorities and requirements associated with Change Orders and Change Directives.

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A.9.2 Contractor Requests for Information (RFI)

A.9.2.1 Respond to Request for Information (RFI) from the Contractor no later than five (5) working days after receipt.

A.9.2.2 Consultant shall verify with contractor potential cost or schedule impact related to RFI.

A.9.2.3 The consultant shall maintain a log of RFIs. The RFI Listing Log must include the following column headings: RFI No.; Spec. Sec. No.; Originator; RFI Subject; Date Received; Due Date; Date Responded; Remarks. The RFI Listing Log must be reviewed at every site meeting.

A.9.3 Construction Schedule

A.9.3.1 Review the proposed baseline construction schedule submitted by the Contractor.

1. Ensure that the submitted schedule complies with the contract completion date, and incorporates all required tasks to complete the work, including commissioning and testing.

2. Ensure that the schedule complies with the contract specifications, including showing the critical path and compliance with all project constraints and restrictions.

3. Comment on the procedures, methods and sequence of work that may have conflict with operation of the plant/facility, which will potentially impact the construction schedule. Consult with Plant Operation Staff to assist in identifying any conflicts.

4. Submit schedule assessment report to the City. With the acceptance by the City, approve the baseline schedule.

A.9.3.2 Review the monthly Contractor schedule submission and compare to the baseline schedule to evaluate work progress and critical path. Identify to the City any potential impacts to the critical path and project end date.

A.9.3.3 At each site meeting, advise the Contractor to provide a rolling schedule of the construction work proposed for the next 2 week period which is between the present and the next site meeting.

A.9.3.4 Advise the Contractor to update the construction schedule when the rolling schedules are out of sequence with the proposed construction schedule.

A.9.4 Shop Drawings

A.9.4.1 Advise the Contractor in the pre-construction meeting to prepare and submit a Shop Drawings List highlighting materials and equipment that have long delivery time. The Shop Drawings List, inclusive of all PCS submittals (including functional flow charts and completed WMS Datasheets), must be submitted at the first site meeting.

A.9.4.2 Review the Shop Drawing List with the contractor and identify materials and equipment that have long delivery time frame and installation time that may impact the construction schedule and completion date.

A.9.4.3 Review shop drawings submitted for general compliance with the design requirements. The Consultant shall return all shop drawings to the Contractor no later than 14 calendar days after receipt. Do not retain any shop drawings pending the submission of additional information, including return of City comments. Return shop drawings to Contractor indicating what information is required.

A.9.4.4 Maintain a log of all shop drawings received for review; Shop Dwg No.; Spec. Sect. No.; Shop Dwg. Title & Description; Originator; No. Copies received; date received; Date reviewed & approved; Date reviewed and Not Approved; No. Copies returned; Remark.

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A.9.4.5 The updated shop drawings log shall be reviewed at each site meeting and also included with each site meeting minutes until all the required shop drawings have been submitted, reviewed and returned to the Contractor.

A.9.5 Changes in Site Conditions & Scope of Work

A.9.5.1 Investigate, report and advise on unforeseen circumstances that come to the Consultant's attention during construction such as differing underground soil condition, or claims from Contractor for whatever reasons, in a timely manner so that appropriate actions may be taken to mitigate damages or claims by the Contractor.

A.9.5.2 Issue Site Instruction (SI), Change Directive (CD), Change Notice and/or Request For Quotation as appropriate for potential changes to the work. For Site Instruction or Change Directive, the Consultant must notify the City of any cost or schedule impact and submit the SI or CD form to the City for approval by the appropriate signing authority.

A.9.5.3 Review and advise on the validity of claims, or extra charges for additions or deletions, and extension of time to the contract. Ensure that claimed costs are in agreement with the contract Schedule of Prices, where applicable. Assist with or issue Change Orders (CO) to the Contractor as per 9.18.6.

A.9.5.4 Maintain a log of COs issued and approved including: date approved, amount, related documentation such as RFI #, RFQ#.

A.9.6 Progress Payments:

A.9.6.1 Review, verify, request revisions as appropriate, and process Contractor's progress and final payment submissions, and forward the processed payment submission to the City’s Project Manager no later than 3 working days after having receiving the agreed upon submission and invoice from the Contractor. Note date of meetings with contractor to resolve payment claims on the payment certificate.

A.9.6.2 Consultant to issue payment recommendation letter with the Contractor's invoice to the City

A.9.6.3 Issue Substantial Performance Certificate in accordance with Construction Lien Act. Issue Lien Holdback payment certificate to the City. Review with Project Manager prior to issuance.

A.9.7 Pre-Start Health and Safety Reports:

A.9.7.1 The Consultant is responsible for the preparation of a construction Pre Start Health and Safety Report.

A.9.8 Resident Staff Engineering Services during Construction

A.9.8.1 Resident staff services may consist of a Project Manager and Inspector who shall be provided by the Consultant on a full time or part time basis. Requirements for Resident Staff services during the construction phase will be specified in the Request for Proposal.

A.9.8.2 Coordinate the Access Permission process for the Contractor to obtain access and handover from the Facility Operator. Prepare all documentation as required by specific facility.

A.9.8.3 Maintain onsite and available at all times all records required for regulatory compliance during the construction phase, including but not limited to: building permits, inspection certificates, MOL documentation, appropriate DSL Reports (and amendments), applicable Asbestos Owner’s Reports, asbestos clearance certificates, etc.

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A.9.8.4 Review and discuss weekly with the Project Manager the progress of the construction works and advise/update Project Manager, noting any contractual problems, schedules or claims and recommended strategy for resolving these issues.

A.9.8.5 Any communication with the Contractor shall be coordinated through the Consultant. Plant Operations Staff and Contractor staff should not be coordinating directly with each other. Any potential actions resulting from discussion with Plant Operations Staff shall be brought to the City Project Manager for direction on action to be taken.

A.9.8.6 Arrange for all necessary field testing, inspections or verification by specialist consulting or inspection firms. The City has open purchase orders with testing companies to perform granular material and compaction testing, welding inspection and testing, concrete testing, asphalt mix design and testing of asphalt and membranes,. Co-ordinate with the City’s Project Manager if such testing services are required.

A.9.8.7 Inspect all layout, construction work, and installation of equipment to ensure conformance with the contract documents, drawings and specifications, and that all works are completed in a good workmanship like manner.

A.9.8.8 Provide qualified technical specialists to carry out inspection of work constructed or installed to ensure quality and verify compliance with contractual requirement, Codes, and Regulations.

A.9.8.9 Liaise with and coordinate construction activities with respect to other construction projects at the facility, both ongoing and upcoming, that may impact the construction of the work.

A.9.8.10 Ensure that the Contractor conforms to the required shutdown request procedures. Issue required documentation and coordinate with operating personnel to schedule shutdowns. Ensure that the contractor arranges for alternatives to maintain plant processes with minimum interruption. Maintain a shutdown log, including initial Contractor shutdown submission date, operations response date, revised shutdown date.

A.9.8.11 Ensure that all reports for all field testing, calibration reports, air balancing reports, all manufacturers' start-up report, electrical co-ordination study report etc are properly bound together in the Maintenance Manual PRIOR to the start up of the plant/facility.

A.9.8.12 Maintain adequate data and records in a Site Diary/Log and provide Daily Site Inspection Reports to the City. Template will be provided by the City. As a minimum, provide electronic copies of the daily reports on a weekly basis. Site Diary/Log is to document progress of the work, which must include at minimum the following daily information:

1. Weather conditions

2. Temperature - maximum & minimum

3. Number of workers - by company and trades

4. Heavy equipment and tools on site

5. Work performed - by company and trades, and start and end time

6. Unusual and/or significant events

7. Visitors

8. Testing

9. Delivery dates of major equipment

10. Digital photos of work in progress

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A.9.8.13 Ensure that the contractor provides proper protection of all existing structures, finishes and equipment, which are adjacent to work areas. Ensure that the conditions of all existing facilities are appropriately recorded, photographed during and after construction, and that at the end of the contract these are returned to the same or better condition. Ensure contractor provides adequate protection to ensure plant can maintain adequate function as an operating facility without unnecessarily impacting operations.

A.9.8.14 Ensure that the contractor has obtained all permits that are required for the project.

A.9.8.15 Maintain a "marked-up" set of drawings to show "Record" works. The "marked-up" drawings shall be updated weekly.

A.9.9 Master Deficiency List:

A.9.9.1 Throughout the progress of the work, prepare a deficiency list and update at appropriate milestones.

A.9.9.2 Assess deficiencies and assign a value to each deficiency.

A.9.9.3 The master Deficiency List shall be updated and/or expanded to include new deficiencies, as these become identified. The Deficiency List is to be updated and issued monthly until all deficiencies are resolved and the list is closed. Once the Contractor completes the rectification of the deficiencies, process the Final Payment Certificate, and provide a letter to the City indicating completion of the construction project.

A.9.9.4 If the Contractor fails to rectify the deficiencies, advise the City so that the City can evaluate the value and priority of the outstanding work. The City may choose to deduct the value of the deficiencies from the contract and notify the Surety that others are correcting the deficiencies as provided under the terms and conditions of the contract. Assist the Project Manager to retain the services of another Contractor to have the deficiencies corrected. Separately document the engineering services required to retain the new Contractor and to verify deficiency rectification. On completion of the rectification works, advise the City of deduction amount withheld for work completed.

A.9.9.5 Once an item has been entered into the Deficiency List, removal from the Deficiency List is not permitted. The only changes permitted to the list will be in the second and last column where the status of the item is to be updated.

A.9.10 Training and Manuals provided by Contractor/Supplier for Plant Operation Staff on

Operation and Maintenance of Equipment

A.9.10.1 Review and approve the Operation and Maintenance (O&M) manuals submitted by the contractor before submitting to the City of Toronto. The City requires submission of both hardcopy and electronic copy (native and pdf formats) of Contractor O&M Manuals. In addition to reviewing the hardcopy version, review the CD to ensure that it includes all documentation provided in the hardcopy version.

A.9.10.2 Ensure draft manuals are submitted for review by the City a minimum of six (6) weeks prior to any training or commissioning being conducted. Ensure final manuals are submitted to the City prior to substantial performance of the project.

A.9.10.3 Ensure that Plant Operations Staff are fully advised of the operating characteristics and maintenance requirement of all equipment at the commissioning performed by the Contractor and/or equipment suppliers. Confirm that all special requirements are noted and the details included in the Maintenance Manual prepared by the Contractor.

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A.9.10.4 Prior to commissioning of any equipment, arrange with the supplier through the Contractor to provide training as specified in the specifications to the Plant Operation Staff in the proper care, operation and maintenance of the equipment.

A.9.10.5 Final O&M Manuals to include written guarantees from the contractor, identifying that the contractor will undertake corrections of any and all defects in materials and/or workmanship utilized in the contract having warranties for two (2) years unless otherwise specified. All warranty periods shall commence of date of issuance of the Substantial Completion or upon handover acceptance by the City of equipment. Obtain pdf versions of the O&M Manuals.

A.9.11 Consultant's Operation Manuals & Operations Training

A.9.11.1 Prepare Operations Manual as required by the city staff and as mandated by the MOECC Environmental Compliance Approval for Water and Sewage, and Air. Ensure that the manual is clear, comprehensive, complete, and complies with MOECC requirements. The manual shall include, but not be limited, to the following:

1. General plant description and plant treatment processes.

2. A detailed description of the expansion/upgrade work and its operational details.

3. A detailed description of how the expansion/upgrade work is integrated to the existing facility.

4. Details of new individual unit processes, including any special characteristics and special considerations.

5. Detailed technical description, and operation requirements of the expansion/upgrade works

6. Updated Master Process Control Narrative.

7. Maintenance of equipment, linking to the Operations and Maintenance Manual supplied under the construction contract by the Contractor.

8. Special observations and unique operating characteristics.

9. Detailed start-up and shut down procedures for all processes and equipment, including inter-related and auxiliary components.

10. The manuals are to include the alarm settings, safety settings, routine equipment checks, process troubleshooting guides, Standard Operating Procedures (SOPs), and descriptions of performance measures.

11. Hardcopy manuals shall be bound in commercial quality binders. When multiple binders are used, the consultant shall correlate data into related consistent groupings. Each cover shall identify the City's project number and name and the subject matter of the contents. Titles shall be placed both on the front and binder edge. Tabbed, fly leafs shall be used to separate each section of the manual.

12. Soft copy manuals shall be provided in both PDF and native format. Scanned PDF documents will not be accepted. Both the PDF and native file shall have embedded META data keywords including the RFP contract number, tender contract number, project name, manual title and process code.

13. For phased projects one (1) hardcopy and one (1) electronic copy may be submitted for the first phase. This working copy can be updated for each subsequent phase. For the final phase and single phase projects, three (3) hard copies and one (1) softcopy shall be provided.

A.9.11.2 Manuals must be submitted to City staff prior to substantial performance and/or prior to the equipment/system being turned over to the City. Additional submission requirements for the Consultant SCADA manual to be in accordance with the PCS Implementation Guidelines.

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A.9.11.3 Provide process training to City staff prior to the hand-over of the equipment. Training to include at a minimum:

1. Process overview

2. Standard Operation Procedures

3. Process troubleshooting

4. Control philosophy

5. SCADA system control hierarchy and screen navigation

A.9.11.4 Training to be provided to plant staff on a shift schedule. Allow for 5 training sessions on separate days to accommodate the shift schedules.

A.9.11.5 The Process operations manual must be submitted and approved prior to the training sessions.

A.9.11.6 The lesson plan and handout material must be submitted to the Owner for review and approval prior to the training session.

A.9.11.7 Each training session shall be comprised of time spent both in the classroom and at the specific location of the subject equipment and system.

A.9.12 Testing and Commissioning

A.9.12.1 Review the Contractor's detailed start-up, testing, and commissioning plan and schedule. Ensure that the plan generally follows the requirements of the contract, and incorporates the requirements of the PCS Transition Plan. The plan must be reviewed by the consultant in conjunction with input from key City staff prior to approval. The procedures are to be reviewed and approved two months prior to scheduled start-up/shut-downs.

A.9.12.2 Ensure that the Contractor carries out the required testing, instrumentation calibration and commissioning in accordance with the contract documents, including equipment checkout/verification, pressure testing, wet testing and performance testing as applicable.

A.9.12.3 Coordinate with City to arrange for required staff to witness testing and commissioning as appropriate.

A.9.12.4 Attend meetings for Factory Acceptance Test (FAT) and Site Acceptance Test (SAT) as necessary for proper co-ordination of work by the Contractor, the Sub-Contractors, suppliers or testing firms.

A.9.12.5 All verification reports must be documented and submitted at the end of the verification process.

A.9.13 Testing Pre-Requisites

A.9.13.1 Electrical Control Schematics associated with each electrically controlled device must be complete. One paper copy must be available on site to facilitate troubleshooting, and redlining with any changes, corrections or modifications that arise during testing.

A.9.13.2 Master SLDs must be complete. One paper copy must be available on site to facilitate isolation of devices, and redlining with any changes, corrections or modifications that arise during testing.

A.9.13.3 All equipment must be identified in the field with either a temporary or permanent tag.

A.9.14 Start-up Pre-Requisites

A.9.14.1 Submit a completed Pre-Start Health and Safety Report to the City prior to the start-up and commissioning of equipment.

A.9.14.2 Draft Operation and Maintenance manuals must be submitted to the City a minimum of six (6) weeks prior to start-up or commissioning.

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A.9.14.3 Provide a Master Deficiency List prior to start-up and commissioning. Ensure that all major deficiencies have been addressed prior to allowing the Contractor to initiate start-up.

A.9.14.4 Start-up and Commissioning Plan must be accepted by the City.

A.9.14.5 Coordinate with the General Contractor to obtain the red line single line drawings in sufficient time to mount and install the drawings prior to energizing the equipment.

A.9.15 Commissioning Pre-Requisites

A.9.15.1 The Consultant may not allow commissioning of the facility to commence until the start-up phase has been completed and all the reports delivered to and accepted by the Project Manager.

A.9.15.2 All training must be completed prior to Commissioning, including process training to be provided by the Consultant.

A.9.15.3 Site Acceptance Testing (SAT) must be completed and all SAT documentation submitted prior to allowing commencement of Commissioning.

A.9.15.4 The WMS spreadsheet must be submitted prior to start of Commissioning.

A.9.16 Substantial Performance Pre-Requisites

A.9.16.1 If performance testing is required all performance testing must be completed and accepted.

A.9.16.2 Prior to issuance of the Certificate of Substantial Performance, carry out an inspection of the facility with the Contractor and Plant Operation Staff. Update the Master Deficiency List within five (5) days after inspection and issue it to the Contractor, Plant Operations Staff and the Project Manager. The value of uncompleted deficiencies is to be set off against the Substantial Performance Holdback payment.

A.9.16.3 Review and accept all the required "final" shop drawings and "Record" drawings submitted by the Contractor prior to recommending Substantial Completion.

A.9.16.4 Ensure Final Operations and Maintenance Manuals have been received.

A.9.16.5 Submit Final Consultants Process Operations Manual.

A.9.16.6 Ensure all required Regulatory approvals and certificates have been obtained and documentation submitted.

A.9.17 Handover and Assumption of Facilities

A.9.17.1 Ensure that the Contractor prepares an inventory list of special tools, spare parts and equipment as specified in the specifications to be supplied for Plant Operation's use, three months prior to handover. Issue inventory list to Contractor, Plant Operation Staff and Project Manager.

A.9.17.2 Accept spare parts on behalf of City of Toronto and issue same to Plant Operation Staff. Maintain an Equipment Inventory List. Prepare and issue a Transmittal for all items handed over to the City and obtain sign-off from the Project Manager.

A.9.17.3 All required documentation must be delivered and handed over by a formal transmittal.

A.9.17.4 Formal Acceptance by the City of Toronto will occur when the following is completed:

1. The formal handing over of the facility to Plant Operation Staff should normally coincide with the date of the issuance of the Certificate of Substantial Completion to the contractor.

2. If the contractor has performed as required by the contract, issue the Certificate of Substantial Completion and turn the facility over to Plant Operation Staff.

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3. Notwithstanding the fact that Plant Operation Staff will be operating the facility, all operation problems with be forwarded to the Consultant for resolution.

A.9.18 Consultant's Cost Control of Project during Construction

A.9.18.1 The City requires that the Consultant be fully responsible for cost control of the project with respect to engineering fees and construction administration. The City will require timely reports of impending overrun of fees, or construction contract cost.

A.9.18.2 The consultant is to monitor and assess the Contractor's performance, through the use of assessment methods such as Earned Value or other, and notify the City of performance issues or potential cost overruns, in a timely manner.

A.9.18.3 Timely report or manner is defined as a reasonable period for which it will permit the Project Manager to report to Committee and Council prior to the expected overrun in either engineering fees or construction contract cost. Where the Consultant does not exercise proper cost control and has incurred additional cost, the City will not be obliged to honour payment for such services.

A.9.18.4 The Consultant shall submit updated reports on the project construction contract cost control sheets to the Project Manager on a monthly basis with respect to the following:

1. Tender amount with contingency amount including all applicable taxes

2. Payment to Contractor to-date – i.e. the latest copy of payment certificate

3. Approved CO's issued to-date – i.e. the CO log

4. Value of Contract to-date, including the projection of any additional cost to complete the construction works.

5. Description of work performed to-date and advice on progress to-date versus schedule submitted by Contractor.

6. Recommend any action to be taken by City of Toronto to mitigate cost overrun.

7. Any changes to the contract must be made by the issuance of CO's to the Contractor, includes changes to the contract even where there is no change in the contract value, i.e. extension of time to the contract.

A.9.18.5 City of Toronto accepts no responsibility for any such CO's where the Consultant has issued the CO's without first obtaining the written approval of the City’s Executive Director or designate.

A.9.18.6 Change Orders

Change Orders (CO) are to be issued only upon the written approval of the City of Toronto’s Executive Director or designated signing authority. All COs issued to the City for authorization shall be on the City’s Standard Change Order (CO) Form and be accompanied by a letter of recommendation and necessary documentation. The letter of recommendation must include an explanation of why the change is extra to the base contract, a brief definition of the additional scope referencing any RFI's, CD's, or Change Notices, and the rationale for the work required. All CO's should include support documentation as follows:

1. A RFI or RFQ or Change Directive/Notice identifying the additional scope of work to be performed;

2. The Contractor’s response shall include scope of work to be performed, and the cost. The cost shall include impact cost, overhead and profit and all applicable taxes;

3. Consultant’s letter noting the rationale of the recommendation to the Contractor’s response along with signed CO.

4. Change Directives and Change Orders must be processed using the City's standard forms.

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5. Change Directives must be used when authorizing the Contractor to proceed with additional work where there is insufficient time to process a Change Order. Change Directives are ONLY to be used when immediate direction is needed to avoid delay impact costs. Change Directives must be signed by the City's Project Manager prior to issuance to the Contractor. The Change Order with all backup documentation must be processed as soon as practicable, to allow for payment to the Contractor.

A.9.19 For Construction Drawings

A.9.19.1 A set of For Construction drawings shall be prepared incorporating any changes / additions made via Addenda during the tendering process. For Construction drawings to be provided in electronic format.

A.9.19.2 Issue Electrical Control Schematics for construction. Each device which is electrically controlled must have a dedicated electrical control schematic produced 'for construction' in order to facilitate wiring, and the correct tagging of all wiring. Use of typical drawings is not permitted; a unique drawing must be produced for each device. Tender drawings are to be updated as early as possible during construction to include all specific information such as exact configuration, terminal block numbering, RPU I/O numbers, etc, taken from approved shop drawings and any existing equipment on site. Duplicate typical drawings and edit with specific information as required until each device has a unique control schematic that can be used for construction and record purposes.

A.9.20 Record Drawings – Master P&ID, SLDs and SCADA Architecture

A.9.20.1 Edit the existing Master P&ID set, Master SLD set and Master SCADA Architecture drawing so that they remain an accurate CAD representation of the facility following completion of the work.

A.9.21 As-Built Drawings – Construction Contract

A.9.21.1 Latest version of "CADD Specifications for AutoCAD, Consultants Manual" or “CADD Specifications for Microstation V8”.

A.9.21.2 Provide drafting services to provide As-Built Drawings, including the Record survey information.

A.9.21.3 Complete As-Built Drawings no later than 3 months after commissioning.

A.9.21.4 Issue one set of full size As-Built Drawings and one set of reduced 11” by 17” drawings to the City’s Project Manager.

A.9.21.5 Provide one complete set on CD-ROM. All CDs shall be properly labelled and dated.

A.9.21.6 The City will verify that the CD/CADD files meet City standards. All drawings not meeting City standards will not be accepted, and must be re-issued at no additional cost.

A.9.21.7 Record documentation includes the submittal of as-installed software for all components of the project. This documentation is to include a CD-ROM containing a copy of the HMI application as at the end of the project, and all field controller software.

A.9.21.8 Allow 60 days for City review to confirm acceptability of files before final payment will be issued.

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A.9.22 Field Ambassador

A.9.22.1 The Consultant shall provide a full time Field Ambassador for the Notification and Community Relations as this is an integral component for the project. Residents and businesses can be more accepting of a project when they are well informed, engaged and involved. The ability of the Field Ambassador to communicate well with the public is critical. The following are the requirements of the Field Ambassador:

1. Must have a minimum of five (5) years of recent experience in project communications and/or public liaisons construction projects in the public sector. The Field Ambassador must have excellent verbal and written communications including computer skills with a demonstrated understanding of the challenges of linear construction. Demonstrated experience in conflict management and negotiation is an asset.

2. Shall be accessible at all times by phone and / or email and always be approachable while keeping a well-groomed professional appearance and attitude. The Field Ambassador must possess a vehicle and travel within the City. The Field Ambassadors' duties will include, but will not be limited to:

3. Shall serve as a public information liaison for all construction contracts within this RFP, developing rapport with construction teams, residents, and business owners.

4. Draft notices and allow sufficient time for the development, revision, completion and distribution. This, and other review periods, should be reflected in the schedule submitted with the proposal. Production of notice materials will follow City guidelines, to be provided by Public Consultation Unit. Notices must be delivered a minimum of two (2) weeks before construction work commences. Construction notices shall be delivered to each residence/business prior to work taking place via Canada Post, door-to-door delivery, and/or email, and ensuring that notices have been delivered. This may require random visits within the limits of construction when circumstances make personal delivery impractical, and use of social media and email for more frequent updates to the community.

5. Conduct periodic and proactive visits to local residents, institutions and businesses, in order to ensure early identification of issues, including but not limited to noise, broader stakeholder concerns, property damage, water service interruptions, and expediting their resolution.

6. Visit residents, institutions, and businesses in person and serving as a point of contact for any concerns or issues raised through the project hotline or in person.

7. Respond to phone calls within 24 hours, and emails within 48 hours.

8. Arrange parking considerations with City divisions when necessary, and managing the resolution of parking tickets through Police Services when parking tickets are incurred by the public or contractors and are attributed to construction restrictions.

9. Work closely with citizens, construction teams and City staff to resolve any issues.

10. Record all interactions with the public in a detailed “Public Daily Report Log”, and Document the issues and their resolution, including taking photographs when possible.

11. Respond to public or Councillor Inquiries within two business days.

12. Provide feedback to senior management on future improvements which could proactively aid public relations issues.

13. Track contractor compliance with pre-condition survey requirements, as well as maintain a log of resident's participation in the pre-condition survey.

14. Track the status of and follow up on any third party claims and their resolution.

15. Attend the pre-construction meeting and any construction meetings as required for coordination purposes.

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16. Distribute information promptly to all relevant team members and following up frequently to ensure that issues are resolved as quickly as possible.

17. Provide monthly updates to the project team at site meetings, including detailed reports (“Public Monthly Report”).

A.9.23 Regulatory Agencies Approvals

A.9.23.1 Confirm that all required inspections by regulatory agencies have been performed prior to issuance of Substantial Completion Certificate. Ensure that all regulatory agencies have been notified of completed work.

A.9.23.2 Verify that the Contractor has provided a copy of all approvals, from these regulatory agencies, in each set of the Maintenance Manual.

END OF APPENDIX A.9

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TABLE OF CONTENTS

A.10 SERVICES DURING POST CONSTRUCTION AND WARRANTY .......................... 2

A.10.1 GENERAL .................................................................................................................................... 2

A.10.2 POST CONSTRUCTION SERVICES .................................................................................................. 2

A.10.3 LESSONS LEARNED ...................................................................................................................... 3

A.10.4 CONSULTANT'S COST CONTROL OF PROJECT DURING POST CONSTRUCTION ................................. 3

A.10.5 WARRANTY REQUEST FORM – 10-1 .............................................................................................. 4

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A.10 SERVICES DURING POST CONSTRUCTION AND WARRANTY

A.10.1 General

A.10.1.1 Provide general engineering services for administering the contract and site inspection of the work during the post construction phase.

A.10.1.2 The Contractor is responsible for carrying out his obligations under the warranty terms and conditions of the contract.

A.10.1.3 The Consultant is neither responsible for the construction of the work, nor are his review services rendered for the Contractor's benefit. The Consultant is the City's agent to administer the Contract.

A.10.1.4 Monitor and inspect the Contractor's warranty work to ensure that the Contractor carries out the work as per the contract specifications, and to confirm that the constructed plant/facility will perform and function as intended.

A.10.1.5 At the end of the warranty period, two years from the date of substantial performance, re-issue any As-Built Drawings to reflect any changes made during the warranty period.

A.10.2 Post Construction Services

A.10.2.1 Develop and maintain records of warranty on all installed components, and update the City of status every six months in a written report.

A.10.2.2 For phased projects maintain a log of all equipment including the warranty start and end date. Update the list as equipment is brought on line in different phases. Provide this log to operations staff each time this log is updated.

A.10.2.3 Where any materials and equipment supplied and/or installed for the contract, or part thereof, that were found to be defective or inadequate within the guarantee/warranty period, instruct the Contractor/Installer/Supplier to replace/correct the deficiencies without cost to the City.

A.10.2.4 Warranty Requests

1. Use the Warranty Request Form (see form 10-1 below) to record warranty issues and document responses. Obtain clarification from the requestor as required and forward the Warranty Request to the Contractor with five (5) working days after receipt. Urgent Warranty Requests shall be forwarded to the Contractor immediately.

2. Prepare and maintain a Warranty Request Log. The Log must include the following column headings: WR No.; Equipment/Description; Date Received; Date Forwarded to Contractor; Date Responded; Remarks; Date Completed.

A.10.2.5 During the two year warranty period ensure that:

1. Inspection shall be carried out every six (6) months;

2. Inspection where required, is carried out by all parties concerned, including Consultant, Contractor, City Project Manager, Operating Staff and Operating Support Staff;

3. The list of warranty issues identified during the inspection is sent to the Contractor within five (5) working days;

A.10.2.6 Where Warranty Requests, or inspections identify work that requires rectification:

1. Ensure the contractor notifies the City prior to carrying out the rectification work and follow the Shutdown Request Notification process as applicable

2. Ensure the contractor provides sufficient notice so that any work performed can be monitored and/or inspected

A.10.2.7 Conduct formal warranty status review meetings every six months. The meetings will review the following, as a minimum:

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1. Warranty Request Log

2. Outstanding warranty issues

3. Coordination with facility and/or other contracts for warranty work

A.10.2.8 Provide final warranty report at the end of 2 years outlining status of all warranty work.

A.10.2.9 Where the construction contract includes a warranty holdback clause the consult shall prepare a letter verifying the work and recommending the release of holdback.

A.10.3 Lessons Learned

A.10.3.1 Operability Review and Workshop

1. Facilitate a half day workshop with the City to review the operability of the system as constructed and to present options for improvement.

A.10.4 Consultant's Cost Control of Project during Post Construction

A.10.4.1 The City requires that the Consultant be fully responsible for cost control of the project with respect to engineering fees and construction administration. The City will require timely reports of impending overrun of fees, or construction contract cost.

A.10.4.2 Timely report or manner is defined as a reasonable period for which it will permit the Project Manager to report to Committee and Council PRIOR to the expected overrun in engineering fees. Where the Consultant does not exercise proper cost control and has incurred additional cost, the City will not be obliged to honour payment for such services.

END OF APPENDIX A.10

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A.10.5 Warranty Request Form – 10-1

CONTRACTOR WR NO.

PROJECT xxxx - TAB DATE SUBMITTED

CONTRACT NO. DATE COMPLETED

LOCATION EQUIPMENT

Drawing Reference Equipment Tag No.

Warranty Start Date Warranty End Date

Description of Problem

Observation/Action Taken by City

Contractor's Response

Further Action Required No Further Action Required Date: Engineer: ________________________ Authorized Representative

Final Acceptance City Engineer: ________________________ Authorized Representative

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TABLE OF CONTENTS

A.11 ELECTRICAL SYSTEM ........................................................................................... 2

A.11.1 GENERAL .................................................................................................................................... 2

A.11.2 ELECTRICAL DESIGN REQUIREMENTS ........................................................................................... 2

A.11.3 ELECTRICAL (DIVISION – 16) SPECIFICATIONS ............................................................................... 4

A.11.4 ELECTRICAL SINGLE LINE DIAGRAM (SLD) .................................................................................... 4

A.11.5 ELECTRICAL CONTROL SCHEMATIC DIAGRAM ................................................................................ 5

A.11.6 ELECTRICAL STUDIES AND ARC FLASH STUDY ............................................................................... 6

A.11.7 COMPLIANCE OF ELECTRICAL INSTALLATION IN WASTEWATER FACILITIES WITH NFPA 820 ............. 7

A.11.8 EMERGENCY STANDBY POWER .................................................................................................... 7

A.11.9 KEY DELIVERABLES...................................................................................................................... 7

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A.11 ELECTRICAL SYSTEM

A.11.1 General

A.11.1.1 The requirements mentioned in Appendix A.11 are for consulting engineering services, related to the Electrical System of a project and form part of the base scope of all consulting assignments. The Consultant shall provide a design which meets all requirements mentioned in the Appendix A.11 and all other sections of the RFP.

A.11.1.2 The following abbreviations are used in the documents related to the electrical system, according to Toronto Water Equipment and Data Tagging Standard #13040:

1. Greater than750 V Switchgears are identified as BUS

2. Less than 750 V Switchgears are identified as PDP (Power Distribution Panels)

3. Less than 750 V Motor Control Centres are identified as MCC

4. 120/208 V Lighting Panels or Load Panels are identified as LP

A.11.2 Electrical Design Requirements

A.11.2.1 The electrical design shall comply with the latest edition of Ontario Electrical Safety Code (OESC) and all Electrical Safety Authority (ESA) bulletins.

A.11.2.2 Update/develop Master Single Line Diagram (SLD) related to the project.

A.11.2.3 Determine the overall power needs related to the project.

A.11.2.4 Identify where existing electrical infrastructure is insufficient for the new project, identify where additional power is required and how it will be provided.

A.11.2.5 Contact Toronto Hydro Electrical System Limited (THESL) to get all the relevant data required for the project. Incorporate Toronto Hydro standards/requirements in the design of the project.

A.11.2.6 In the Pre-design stage measure the power factor, harmonics and maximum demand load at existing electrical equipment of the project, for example, Power Distribution Panel (PDP), Switchgear and Motor Control Centre (MCC).

A.11.2.7 Provide new Automatic Power Factor Correction Unit (APFU) for the project to improve the power factor of the electrical system to a minimum of 0.95 lagging.

A.11.2.8 Wherever Variable Frequency Drive (VFD) is used in the project, provide means of harmonics control to meet IEEE 519 requirements. The Consultant shall mention in the Tender that the contractor shall measure the harmonics during commissioning stage of the project.

A.11.2.9 Redundancy of power to be incorporated in the electrical design, for example, Main-Tie-Main configuration.

A.11.2.10 Toronto Water has standardized on GE Multilin protection and monitoring relays. Provide power system protection for the electrical system.

A.11.2.11 Provide power monitoring for new Switchgear, MCC and motor loads greater than 100hp using GE power monitoring devices; and connect it to the SCADA system and Enervista power monitoring system. Mentioned in the Tender document to update or provide new SCADA screen for power monitoring.

A.11.2.12 Update/develop Master Process and Instrumentation Diagram (P&ID) and SCADA Architecture network drawing for all project related electrical equipment controlled and monitored through PCS/SCADA.

A.11.2.13 Provide new P&ID and network drawing for power monitoring utilizing Enervista system.

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A.11.2.14 Locate Switchgear, Power Distribution Panel (PDP), Motor Control Centre (MCC) in a separate electrical room, wherever possible. Remote Processing Unit (RPU) and instrumentation devices should not be located in the electrical-room.

A.11.2.15 Design electrical rooms with a minimum of 25% spare physical space for Power Distribution Panel (PDP), Switchgear and Motor Control Centre (MCC) expansion.

A.11.2.16 Provide approximate 10% spare circuit breakers and starters in each PDP, Switchgear and MCC. Provide approximately 10% spaces as well, with all the required provisions for adding new Circuit Breakers.

A.11.2.17 Provide Electrical Control Schematic diagrams for all the new/modified equipment of the project. Provide separate detailed control schematic diagram for each equipment (typical drawing is not acceptable). All the indicating lights for PDP, MCC, Switchgear and control panel shall be "Push-To-Test' LED Type, 30mm diameter.

A.11.2.18 Provide equipment layout drawing, showing locations of all the loads and sources of power, routing of cables, cable-tray, cable-duct, bus-duct etc.

A.11.2.19 Provide a complete cable schedule with "cable tags" in a tabular form; for cable tagging standard refer to Toronto Water Specification #16122 Wires and Cables. Provide site plan showing the location of power source(s) and all the loads, such that the contractor will be able to calculate the cable length for all the new cables to be used in the project.

A.11.2.20 Provide plan and elevation drawings for all electrical equipment and electrical-room, for example High Voltage equipment, Control Panel, Switchgear, Power Distribution Panel (PDP), Motor Control Centre (MCC), Transformer etc.

A.11.2.21 Provide grounding and bonding drawing for all the equipment of the project.

A.11.2.22 Provide load/motor schedule consisting of equipment description, location, power, phase, cycle, type. The schedule shall include cross-references under the description column to other relevant equipment for example mechanical equipment.

A.11.2.23 Provide lighting schedule for the project showing types of light and its descriptions. Use LED lights, energy efficient lamps wherever possible. Describe the lighting control system used in the project.

A.11.2.24 Provide lighting layout, including lighting control schematics. Circuits to be labelled with the respective panel and circuit number, for example, LP-1201/5 where lighting panel is LP-1201 and circuit number is 5.

A.11.2.25 All power outlets/receptacles to be labelled with the respective panel and circuit number.

A.11.2.26 Provide circuit directory for Lighting Panel or Load Panel (LP).

A.11.2.27 Provide lightning protection, wherever needed.

A.11.2.28 Provide manufacturer's data sheet/catalogue for all electrical equipment used in the project, for example transformers, switchgear and motor control centre (MCC) etc.

A.11.2.29 Provide Factory Acceptance Tests (FAT), and Site Acceptance Tests (SAT) procedures in the specification/tender document for all the new/modified equipment.

A.11.2.30 Refer to Appendix A.14 Energy Management Plan (EMP) and incorporate its recommendations in the design of the electrical system. Submit EMP reports to the City.

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A.11.2.31 Provide the following systems for the project:

1. Fire Alarm

a) As per the applicable code requirements provide a new fire alarm system or integrate additional devices into the existing system at the plant/facility. Provide description of the new/updated fire alarm system, including a schematic diagram that illustrates the new or expanded system. Provide "riser diagram/drawing" for the system.

2. Telephone/Communication System

a) Provide new telephone outlets and suitable telephone-sets for the project and integrate it into the existing system at the plant/facility. Consider both internal and external phone lines. Provide description of the new/updated system, including a schematic diagram that illustrates the new or expanded system. Provide "riser diagram/drawing" for the system.

b) Provide new communication outlet-ports for computers and other electronic devices, and integrate it into the existing system at the plant/facility. Provide description of the new/updated system, including a schematic diagram that illustrates the new/expanded system.

3. Public Address system

a) Provide new additional public address devices, speakers for the project, and integrate it into the existing system at the plant/facility. Provide description of the new/updated system, including a schematic diagram that illustrates the new/expanded system.

4. Security System

a) As per the City of Toronto requirement provide security system for the project, and integrate it to the existing system at the plant/facility. Provide description of the new/updated security system, including a schematic diagram that illustrates the new or expanded system. Follow the standards of the City Corporate Security.

A.11.3 Electrical (Division – 16) Specifications

A.11.3.1 The City maintains the electrical (Division-16) Specifications for use in the City of Toronto facilities. The latest version of the Specifications will be provided by the City of Toronto. The consultant shall obtain the MS Word files of the electrical Specifications through the City Project Manager, and use it for the project after reviewing and editing to ensure it meets the project specific requirements. Highlight all edits to facilitate Toronto Water review. Where a City of Toronto Specification is not available use the National Master Specification (NMS) latest version.

A.11.4 Electrical Single Line Diagram (SLD)

A.11.4.1 The City maintains the electrical Master Single Line Diagram (SLD) for Toronto Water facilities. The latest version of the SLDs are available on Toronto Water intranet.

1. The Consultant shall obtain the Master SLDs in PDF format through the City Project Manager.

2. The Consultant shall identify the individual Master SLDs which are going to be modified under the project.

3. During Pre-Design stage field verify and mark-up the project related Master SLDs.

4. The Consultant through the City Project Manager shall request for release of "SLD Legend and Abbreviations" as well as the project related Master SLD drawings in native format by filling "AutoCAD drawings Release Request Form", and submit it back to the Project Manager.

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5. At the end of design phase the Consultant shall submit an updated/new Master SLDs in AutoCAD format to the City Project Manager and Capital Works Delivery (CWD) unit of Toronto Water, identifying in the revision block: Rev. No., date, Revision /Contract Number (for example: Rev. No.: 3, Date: Nov21, 2015, Revision/Contract Number: Issued for Tender/Contract 9155-9-7055)

6. At the end of the construction phase the Consultant will submit "As-built" updated/new Master SLDs in AutoCAD format to City Project Manager and Capital Works Delivery (CWD) unit of Toronto Water, with an updated revision block (for example: Rev. No: 4, Date: Mar01, 2016, Version/Contract Number: As-built/Contract 9155-9-9-7055).

A.11.4.2 The SLD should illustrate the new system and document its integration with the existing system on the Master SLDs. Show sources of electrical power and all connected loads.

A.11.4.3 For a new project all demolition and new tie-in points are to be identified on the Master SLD's to show the effect on the existing systems. If needed additional SLDs should be added as additional Masters.

A.11.4.4 The single-line diagram (SLD) is a diagram that use single lines and graphic symbols to indicate the path and components of an electrical system. It shows a correct power distribution path from the incoming power source to each downstream load and includes the ratings and sizes of each piece of electrical equipment, feeder sizes and protective devices. The Master SLD of an electrical system shall include but is not limited to:

1. Main power flow diagram - showing all the sources of power, and all the connected loads to the Switchgear/Power Distribution Panel (PDP)/Motor Control Center (MCC)

2. All circuit breakers (CB) shown (including spare circuit breakers and spaces).

3. Location of the CB or Starter indicated on the SLD/BUS (for example location '3A' indicates the breaker/starter is located at the top (Unit 'A') of section '3' of the PDP/MCC).

4. Proper tag numbers for all the equipment according to Toronto Water Equipment and Data Tagging standard #13040.

5. Show all the power devices, including Metering devices (GE PQM)

6. Ratings of Bus-bar, (Ampere, Voltage, Number of Phase, Number of Wire, Frequency, Short-Circuit Rating) protection devices (Circuit Breaker, Fuse, Starter, CT, PT), isolating device Disconnect Switch), Transformer, Motor, Generator

7. Cable description including Neutral (if any) and Bonding Conductor: size, type

8. Interlocking (if any) for circuit breaker, disconnect switch

9. For High voltage system (27.6kV, 13.8kV, 4.16kV, 2.3kV) SLD shall also include all the CTs, PTs, Protection relay c/w IEEE designated protection parameters, NGR (if any), Metering devices (Ammeter, Voltmeter, PQM), voltage indicating lights (if any).

A.11.5 Electrical Control Schematic Diagram

A.11.5.1 The City maintains the standard for "Electrical Control Schematic Diagram specification #16020 and standard control schematic diagrams for typical equipment. The consultant shall obtain the specification #16020 and standard control schematic diagrams (AutoCAD drawings) through the City Project Manager for use by the Consultant as a template, which can be modified to suit the specific project and associated application requirement.

A.11.5.2 Provide a detailed "Electrical Control Schematic Diagram" for each equipment added or modified in the project. The Consultant shall follow it the standard and provide electrical control schematic diagram for all the new/modified electrically controlled equipment of the project, for example, Blowers, Pumps, Valves, Grinders, Conveyers, any drive; Protection relays wiring diagrams; Switchgear/PDP/MCC main Breakers and Tie-Breaker control schematics; Feeder breakers control schematics; HVAC (including Fans, Dampers, Heaters) control schematics

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A.11.6 Electrical Studies and Arc flash Study

A.11.6.1 Provide the following studies/analysis and "arc-flash labels" for the electrical system under the scope of the project, and for all down-stream equipment as per the requirements of CSA Standard Z462 latest edition:

1. In the beginning of detailed design stage conduct preliminary Short-Circuit study analysis and protection coordination study for all the power equipment, and power sources. Verify the Master SLD of the facility related to the project, and contact Toronto Hydro to get all the relevant data required for the studies.

2. Once the preliminary coordination study is completed, conduct an initial Arc-Flash Hazard Analysis as per the requirements of CSA standard Z462 latest edition and provide report, including detailed recommendations for reducing the incident energy to 8 Cal/cm2 or to a lower value.

3. Submit the Arc-Flash Hazard Analysis report to the City as early as possible, latest at 70% detailed-design stage. The report shall summarize in a table format calculated arc flash incident energy, flash boundaries, risk category, required PPE, Arc Flash labeling, specific site issues and any other pertinent information related to arc flash safety and mitigation of each piece of equipment/bus. The study should also make recommendations on how the City can accommodate the operations/maintenance of existing equipment (e.g. pump, valves) that infringe on recommended arc flash boundaries.

4. Review the above mentioned analysis report with the City's electrical team to select a suitable arc flash mitigation recommendation for the project. It is important to note that re result of Arc Flash Hazard Analysis report may have a significant impact of the electrical design, hence the priority should be given in conducting these studies early in the design stage.

5. Update the report based on the feedback from the City and incorporate the arc flash mitigation recommendations in the electrical system design of the project before tendering the project.

6. The consultant shall include all the requirements in the Tender, which contractor has to do during construction stage of the project, including programming of the protection relays, printing of Arc Flash labels.

7. The Consultant shall identify in the Tender the quantity and details of Arc Flash Hazard Labels for all the electrical equipment affected by the project, including all downstream equipment. The contractor will print all the required Arc Flash labels for the project. All the labels shall be according to the requirements of Toronto Water Standard for "Arc flash Warning Label (Specification – Section 16011)."

8. The Consultant is responsible to ensure Arc Flash Hazard Labels are properly affixed on all the electrical equipment.

9. Construction stage activities:

a) The consultants shall update the Short Circuit and Coordination Study, utilizing the protective device data and other required parameters from the shop drawings and new equipment and cables procured for the project. Also update the Arc Flash Hazard Analysis report. Submit a Draft copy of the Arc Flash Hazard Analysis report to the City's electrical team for review. Incorporate City's comments in the Arc Flash report.

b) Just prior to the commissioning stage of the project, the Consultant shall submit the approved Final Draft Arc Flash report to the Contractor, providing the details of all the protective devices and its parameters/settings required for the project. Final Draft report shall be signed and stamped by a Professional Engineer of Ontario.

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c) The Consultant shall require that the Contractor programs the protective relays in accordance with the parameter data listed within the Consultant's Final Draft Arch Flash report. The Contractor shall submit test reports to the Consultant that clearly identify any changes made to the protective relay parameters, during the commissioning.

d) The Consultant shall update the report with any changes made during commissioning and submit a final Short Circuit, Protection Coordination Arc Flash Hazard Analysis Report to the City. This final copy should be issued no later than 2 weeks after the Substantial Performance date. The final report shall be signed and stamped by a Professional Engineer of Ontario.

A.11.7 Compliance of Electrical Installation in Wastewater Facilities with NFPA 820 & OESC

A.11.7.1 During the pre-design phase, the consultant shall determine/confirm the "Electrical Area Classification" as per NFPA820. For all the areas affected by the project, including the location of all the loads provide "Electrical Area Classification" drawing for the project. Existing classification drawings may be provided for reference but the consultant must confirm they are still applicable and compliant with the current version of the code. Clearly identify each area as Unclassified/Class-1 Division-1/ Class-1 Division-2 on the contract drawings.

A.11.7.2 The consultant shall make sure the electrical design in the "classified area (Class-1 Division-1/ Class-1 Division-2)" meets the OESC code requirements. Compare the various options available to meet the code and provide a report outlining the options. The long term operating costs of increased ventilation must be compared against the capital cost of explosion rated equipment. The consultant should consult with ESA inspector assigned to the plant/facility before tendering the project.

A.11.8 Emergency Standby Power

A.11.8.1 During Pre-Design stage identify if emergency standby power is required to meet the project objectives, including impacts to operations, life-safety, alarms, etc. In consultation with the City, prepare a list of equipment and loads recommended for standby power. Identify whether standby power needs can be met by existing systems or if new sources of standby power are required.

A.11.9 Key Deliverables

A.11.9.1 Pre-Design Stage – Key Deliverables

1. Provide Technical Memo(s) and Pre-Design Report (PDR) according to the RFP requirements, refer to Appendix A.6 (Engineering Study) and Appendix A.7 (Pre-Design Engineering Services) for details. Some of the key requirements are mentioned below:

a) The Consultant shall develop several conceptual design alternatives. Where possible, a minimum of three viable alternatives are to be identified for comparison purposes. In general, these should represent a range of alternatives with respect to performance, complexity and cost. Provide an analysis and comparison of these alternatives, and include a recommendation on the preferred alternative. The analysis shall be based on the technical information, prepared by the Consultant. The analysis shall include site constraints, constructability challenges and future expandability.

b) Identify source(s) of electrical power supply and its usage in the project. Identify area where additional power supply is required, and how it is going to be accomplished in the project. Prepare a site plan showing locations of supply and usage. Provide a single-line diagram illustrating the new system and document its integration with the existing system on the Master SLDs.

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c) Provide Master Single Line Diagram (SLD) showing all demolition and new tie-in points. Provide additional SLD drawing(s) if needed.

d) Conceptual Layout:

1. Preliminary layout plan

2. Equipment location and orientation including, but not limited to, major equipment, transformer, switchgear, Power Distribution Panel (PDP), Motor Control Centre (MCC), and equipment control panel.

e) For wastewater facilities identify each area as unclassified/Class-1 Division-1/ Class-1 Division-2, as detailed in Section A.11.7.

f) Recommended methods for reducing arc flash hazard and what impacts, if any, they will have on the co-ordination of the system.

g) Address the following requirements: Emergency Standby Power, Fire Alarm System, Telephone/Communication System, Public Address System and Security System

h) Determine load carrying capacity of the existing structures. Confirm the structural integrity of the existing facility to accommodate the proposed equipment and loadings, and develop pre-design to upgrade the structural integrity if necessary.

i) Cost Estimates

j) Provide catalogue sheets for the proposed electrical equipment.

k) Provide the measured value of the following for the existing electrical system related to the project:

1. Power Factor

2. Harmonics

3. Maximum Demand Load

4. Ground resistance (in case a new Grounding system is required for the project)

A.11.9.2 Detailed Design Stage – Key Deliverables

1. Provide detailed design drawings and specifications as per the RFP requirements, refer to Appendix A.8 (Detailed Design Engineering Services) for details. Some of the key requirements are mentioned below:

a) Resolution of outstanding issues from the previous review package

b) Comments from the previous review package shall have been incorporated

c) For wastewater plant/facility provide electrical area classifications drawing for all working areas within the project scope, as detailed in Section A.11.7.

d) Provide site plans indicating elevations, building locations, access roads, right-of-way for underground utilities and services.

e) Provide three (3) drawings in each submission for the equipment which will be demolished, modified or replaced, namely a) Existing b) Demolition c) New

f) Proper tag number for all the equipment as per Toronto Water Equipment and Data Tagging standard 13040.

g) Electrical design indicating:

1. Electrical power requirements and its sources including emergency standby power.

2. Master SLDs edited to document proposed demolition, alteration and modification, including integration and tie in with existing systems. Provide additional SLDs if required.

3. Plan and elevation drawings for electrical-room and electrical equipment.

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4. Equipment layout/plan drawing showing locations of all the loads, sources of power, cable runs, cable-tray, cable-duct-bank and major conduits. The loads include all existing and new process, mechanical and electrical loads which are in the scope of the project. Use site plan to show the preferred electrical cable routings for the loads.

5. Electrical Control Schematic diagrams for all the new or modified equipment

6. Grounding and bonding drawing for all the equipment of the project.

7. Load/Motor schedule consisting of equipment description, location, power, phase, cycle, type. The schedule shall include cross-references under the description column to other relevant equipment lists included in design.

8. Lighting and Power layout drawings that include lighting control system suitable for the project.

9. Lighting schedule of facility. Provide a schedule of all lighting requirements and identify areas that should have multiple lighting levels. Use of high-energy efficiency lamps is required where possible.

10. Drawings for fire alarm, telephone/communication, public address, and security systems of the project.

11. Process and Instrumentation Diagrams (P&IDs) and network drawing for electrical equipment which are controlled and monitored through PCS/SCADA, for example power-meters, protection relays, circuit-breakers, motor-starters, Soft-starter, Variable Frequency Drive (VFD) etc.

12. P&ID and network drawing for power monitoring utilizing Enervista system.

13. Provide tag number for all the equipment as per Toronto Water Equipment and Data Tagging standard 13040.

14. Construction sequencing drawings for the equipment and feeders.

15. Refer to other sections of Appendix A.11 for details of electrical requirements.

h) Cable schedule with proper cable tags, and its routing. For cable tagging, refer to standard 16122 Wires and Cables.

i) Short-circuit and protection coordination study. Arc Flash Hazard Analysis report as per the requirements of CSA Standard Z462 latest edition, including recommendations for reducing the incident energy to 8 Cal/cm2 or to a lower value.

j) Technical specification for all the electrical equipment and items

k) Updated Capital Cost Estimate

l) Provide Energy Management Plan (EMP) report in accordance with Appendix A.14 requirements.

m) Approval of Agencies (ESA, Toronto Hydro, Building Permit, and all other required permit and approval)

END OF APPENDIX A.11

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TABLE OF CONTENTS

A.12 PROCESS CONTROL SYSTEM (PCS) .................................................................. 2

A.12.1 GENERAL .................................................................................................................................. 2

A.12.2 ELECTRONIC TAG MANAGEMENT SYSTEM (ETMS) ...................................................................... 3

A.12.3 HARDWARE AND SOFTWARE ....................................................................................................... 4

A.12.4 PRELIMINARY DESIGN PHASE ..................................................................................................... 4

A.12.5 DETAILED DESIGN PHASE........................................................................................................... 6

A.12.6 CONSTRUCTION PHASE .............................................................................................................. 9

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A.12 PROCESS CONTROL SYSTEM (PCS)

A.12.1 General

A.12.1.1 Toronto Water has implemented a Process Control System for control and monitoring of its facilities which include, but are not limited to, Water Treatment Plants, Wastewater Treatment Plants, Water Supply Transmission, and Sewage Pumping & Collection Stations. In general, the PCS consists of instrumentation, control devices, wiring, networking, input/output devices, control panels, local and central Human Machine Interfaces (HMIs), Supervisory Control And Data Acquisition (SCADA) Systems, and Remote Processing Units (RPUs) / Programmable Logic Controllers (PLCs). The requirements for consulting engineering services, related to PCS, are specified in the Process Control System (PCS) Guidelines and Toronto Water Instrumentation Design and Electrical Specification Standards which all form part of the base scope of all Consulting assignments with any PCS component(s).

A.12.1.2 For bidding purposes, in addition to the PCS Guidelines, the following specifications have a direct impact on the Consultant's effort and therefore are included as appendices:

1. 13100 – Instrumentation Design Specification

2. 13300 – Control Panel Design Specification

3. 16020 – Electrical Control Schematic Diagrams Specification

A.12.1.3 In general, for all Consulting assignments with any PCS component(s), the Consultant shall:

1. Be responsible for engineering and design of the Instrumentation and Control (I&C) and SCADA System, including development of new system control logic or integration with existing system control logic.

2. Prepare new, or update existing, Process Control Narratives, Instrumentation & Control Drawings, SCADA Architecture, and P&ID.

3. Prepare contract specifications and drawings of the I&C and SCADA system.

4. Review the RPU and HMI/SCADA program, including configuration, as prepared by the contractor and ensure compliance with Toronto Water's PCS standards.

5. Develop process flow charts as required.

6. Prepare all requirements for the Factory Acceptance Test (FAT) plan.

7. Attend and approve the FAT at the contractor's facility, within Ontario, to ensure compliance with the design and Toronto Water's requirements.

8. Prepare all requirements for the Site Acceptance Test (SAT) plan.

9. Attend and approve the Site Acceptance Test (SAT) on site to ensure compliance with the design and Toronto Water's requirements.

10. Prepare all requirements, including but not limited to Transition Plans, P&IDs, I&C Drawings, Process Control Narrative(s), for operational tests / system performance tests.

11. Attend the site and approve all operational tests / system performance tests.

12. Review the Operation and Maintenance Manual prepared by the Contractor and ensure compliance with the contract specifications.

13. Review the Plant SCADA Operation Manual and ensure compliance with the design. Submit at the specified milestones.

14. Prepare and conduct PCS training.

15. Verify all necessary testing and performance of the SCADA system.

16. Prepare "As-Built" documentation for all PCS related drawings and documents produced during the design phase.

A.12.1.4 If the PLC and SCADA programming is being completed by the Consultant, then the Consultant shall take on the role of the System Integrator and shall:

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1. Develop control logic flow chart(s) and submit to the Process Control Systems Unit for review before the start of any programing.

2. Configure and program the PLC in accordance with the specified process control narratives and comply with Toronto Water PCS standards.

3. Configure and program the HMI/SCADA and OIT (Operator Interface Terminal) in accordance with the specified process control narratives and comply with Toronto Water PCS Standards.

4. Review and test the PLC and HMI/SCADA programs to ensure compliance with the design specifications and Toronto Water's PCS standards and guidelines.

5. Conduct the PCS training in accordance with Toronto Water's PCS standards and guidelines and prepare all training material.

6. Perform the software FAT for Toronto Water Staff or other City representatives to attend and witness.

7. Perform the SAT for the appropriate Toronto Water Staff or other City representatives to attend and witness.

8. Perform the operational test / system performance test for the appropriate Consultant and Toronto Water Staff to attend and witness.

9. Release the SCADA system for Toronto Water staff once all testing is successfully completed and accepted.

10. Provide SCADA/PLC support and response within 24hours to address any issues related to the newly implemented system.

11. Respond to Toronto Water for all deficiencies and correct the deficiencies in a timely manner.

12. Prepare the SCADA Operation and Maintenance Manual and submit to the Process Control Systems Unit at the appropriate timelines.

A.12.1.5 Toronto Water has a Process Control System Unit (PCSU) which maintains the standards and guidelines for PCS projects and technology. The PCSU also maintains the facilities' PCS Master Documentation which includes Master P&ID, Master Process Control Narratives, SCADA Architecture Drawings, and Hardware and Software Inventory Lists. The PCSU also provides support for review of SCADA hardware and software deliverables, including but not limited to, servers, PLCs, networking, and all related customized programming.

A.12.2 Electronic Tag Management System (ETMS)

A.12.2.1 Toronto Water's PCS unit manages and maintains the ETMS. The purpose of the ETMS is to ensure uniqueness of the tags and proper tag structure in accordance with Toronto Water tagging standards. As part of the base scope the Consultant shall:

1. Request an ETMS tag report for the related facility and process(es) which are being upgraded as part of the project.

2. Ensure all equipment, equipment loops, data and local area network cabling added or modified under the project are tagged in accordance with Toronto Water's Equipment and Tagging Standards.

3. Use related Master P&IDs in conjunction with ETMS database or ETMS tag report in order to assure tag loop numbers follow existing tag logic.

4. Determine tag numbers that will be used in the P&ID drawing(s) and all related project documentation for the identification of all equipment.

5. Update the ETMS tag report to be reserved in the ETMS.

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A.12.3 Hardware and Software

A.12.3.1 The City has developed standard programming methods, in the form of programming modules, for use within the City of Toronto Water, Wastewater, Distribution, and Collection systems in order to ensure consistency between the PAC and HMI development. The standard methods are to be used by consultants and integrators so as to maintain a consistent approach to programming and a single standardized approach to SCADA system implementation. A Software Function Block User Guide has been development and will be made available to the consultant and integrator.

A.12.3.2 Programming modules have been developed for analog instruments, constant speed motors (forward and reverse), VFD motors, valves (discrete and analog), generators, PID control, duty control, and other function blocks. The following exists for each programming module / function block:

1. PLC/RTU Standard device logic using Proficy Machine Edition

2. HMI Standard configuration and popup graphics to match the PLC/RTU logic using iFix.

3. OIT Standard configuration and popup graphics to match the PLC/RTU logic using Proficy Machine Edition.

4. Simulation Software function blocks for simulation testing of control systems.

A.12.3.3 The City's objective to have PCS compliant hardware and software when feasible. It is also recognized that some vendors have proprietary controls and either will not provide open software nor meet Toronto-specific requirements due to the unique nature and incompatibility with their global product.

A.12.3.4 For all key pieces of equipment being proposed that are provided with control logic by the vendor undertake the following:

1. Investigate each vendor's ability and/or willingness to comply with the City's PCS standards

2. Identify the rationale if the vendor will not comply

3. Facilitate a workshop with the City team (inclusive of the PM, Operations, and PCS representatives) to review compliance issues for individual equipment-by-equipment basis. List options and provide recommendations on procurement options to meet the City's objectives and the resulting design implications.

4. Prepare a technical memo documenting:

a) Vendor track record regarding compliance with PCS;

b) Vendor comments and concerns;

c) Number of vendors that could comply for each device of concern;

d) Risk to the City (both product and maintenance) of non-compliance (probability and consequence);

e) Cost (capital and operating); and

f) Final team decision and recommendations.

5. For those that will not be providing PCS compliant systems, the design must be sufficient to provide operations staff: I/O, alarms, and diagnostic messages to trouble-shoot operational issues.

A.12.4 Preliminary Design Phase

A.12.4.1 The Consultant shall follow Toronto Water's PCS Guidelines and Standards throughout the Preliminary Design Phase. The Consultant shall:

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1. Visit the existing facility, or a similar Toronto Water facility, and become familiar with the existing interfaces, PCS equipment including tagging, software, control strategies, and network architecture to be matched and/or upgraded.

2. Request and review all engineering reports and drawings for the PCS system related to the project including existing process control narratives, SCADA operation manuals, P&IDs, control schematics, loop drawings, and RPU panel drawings.

3. Review previous preliminary design report(s) and detailed designs prepared for the PCS system.

4. Complete a field verification report in accordance with the field verification procedure in Toronto Water's PCS Guidelines to ensure that the design will meet the requirements of the facility and achieve a targeted level of automation.

A.12.4.2 At the 50% Preliminary Design Phase the Consultant shall:

1. Prepare an equipment and instrumentation list in tabular format of all existing (re-used) and proposed equipment and instrumentation to be installed under this assignment. This table shall be modified throughout the project phases and will serve as a source document for preparation of tag lists during detailed design.

2. Review and document all existing hardware (PLCs/Severs/Network, etc.) affected by the project and determine the system capacity, capability of expansion, and identify any obsolete hardware to be replaced as part of upgrading the existing or expansion of the PCS.

3. Review and document all existing software affected by the project and identify all additional software required for modifications to the HMI, PLC, and networking devices so as to fully integrate the new or expanded works into the existing system.

4. Review and document all existing control wiring and structured cabling / network cabling, and identify all additional cabling that will be required so as to fully integrate the new or expanded works into the existing system.

5. Review the existing alarm notification and security system of the facility and document the proposed modifications and additions to provide the required services for notification of the critical PCS alarms of the project.

6. Review the existing power supplies to the relevant areas for the facility and document the proposed modifications and additions to provide the required power to for the proposed upgrades.

A.12.4.3 At the 75% Preliminary Design Phase the Consultant shall:

1. Provide a process narrative, or update an existing process narrative for each process, clearly describing how it is to be operated in all modes of process control. Process narrative are to be written in plain English and will not apply solely to the new processes/equipment, but will detail all interactions with existing process/equipment control such as alarm triggers, process variables shared by multiple processes, report generation, etc.

2. Provide a process flow diagram or update an existing process flow diagram to clearly illustrate the relationships between the various affected processes and associated instrumentation.

3. Include a section detailing any alternative designs related to the PCS that might offer benefits to Toronto Water in terms of cost or functionality.

4. Provide a cost estimate to construct the PCS portion of the project.

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A.12.4.4 The 100% Preliminary Design shall include all updates to reflect comments and revisions made during the review of the 75% preliminary design submittals. The 100% preliminary design submittal shall be reviewed by City staff to provide final comments to allow the Consultant to finalize the report.

A.12.5 Detailed Design Phase

A.12.5.1 The Consultant shall follow Toronto Water's PCS Guidelines and Standards throughout the Detailed Design Phase. The Consultant shall:

1. Prepare and submit for approval new equipment tag list in ETMS spreadsheet format. A tag import template spreadsheet will be provided to the Consultant.

2. Prepare and submit a replacement equipment tag list in ETMS spreadsheet format for equipment that is going to be replaced or upgraded. In the case the original tag will not be changed but the equipment description might.

3. Prepare and submit a reuse equipment tag list in ETMS spreadsheet format for equipment that will be reused in same or different capacity or function as part of the project.

4. Prepare and submit a reused tag list of removed equipment in ETMS spreadsheet format which refers to the tags of the removed or to be removed equipment but there is an intention to reuse or recycle the tags. Consultant must identify measures during transition if there will be a period of time where two identical tags in the field and SCADA would exist.

5. Prepare and submit a remove/delete equipment tag list in ETMS spreadsheet format which refers to the existing equipment to be removed as part of the project.

6. Prepare detailed technical specifications related to PCS. Note that Toronto Water PCSU maintains a base set of standards and specifications related to PCS which Consultants can obtain from the City's Project Manager. The Consultant shall modify or edit these standards as required to suit the project specific requirements, after obtaining consent from Toronto Water PCSU. Where modifications are required, the Consultant shall highlight the proposed deviations to the City to ensure that the proposed changes to do compromise the City's overall goal of standardizing the PCS across all Toronto Water facilities.

7. Be responsible to ensure that all contract detailed technical specifications and drawings related to PCS meet the requirements for proper project execution.

A.12.5.2 At the 50% Detailed Design Phase the Consultant shall:

1. Update the Master Process Control Narrative (PCN) and/or create new PCN for each process being automated as per the requirements in Toronto Water's PCS Guidelines. As a minimum the PCN(s) shall include:

a) A thorough description of key control system elements and all manual and automatic modes of process control.

b) A list of all equipment to be controlled and proposed methods to be used, complete with I/O lists, alarm details, historian requirements, and business systems requirements.

c) A process description including a physical layout, mechanical objectives, and treatment objectives.

d) A process definition including the process name, its relationship to other processes, general components, and physical location boundaries.

e) Block diagram(s) showing all process components

f) Any objectives of the process and general goals.

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g) A process control strategy which includes safe limits of operating targets for the process and operating equipment, a list of priority 1 alarms (alarms which need immediate attention from the operator or alarms that affect multiple operation areas), general alarms, a description of all alarms for each device, the process to bring alarm details to SCADA to allow for remote diagnosis, and requirements for activation and method of reset (manual and automatic) for each alarm.

h) Information of influent sources and effluent destinations.

i) A description of each piece of equipment that can potentially control influents and effluents or change the process.

j) A description of any/all ancillary processes such as spill containments, sample stations, etc. in same level of detail as main process(es) but as separate PCNs.

k) A thorough control system description, including network controllers, location of I/O, panels, modes of control (Automatic, Manual), sequences, alarm handling, and the required control logic.

l) A table showing all real I/O data points and program generated data points associated with the process.

m) A thorough and detailed description of all control logic during normal operation (Auto Mode) which includes all startup and shutdown sequences, all control setpoints associated with Auto logic in tabular format, all sequences, fault response operation, etc.

n) A thorough and detailed description of all back up modes of operation (if necessary) with full descriptions of all requirements to begin each scenario listed and all requirements to return back to normal operation (Auto Mode)

o) A thorough and detailed description of all interlocks generated in the software in the PLC as well as all hard wired interlocks in the control circuits.

p) A thorough and detailed alarm list in tabular format which includes every alarm condition that can be generated by the process, alarm priority, alarm limit, all conditions upon which the alarm is generated, details on any delay timers, details on how to reset any alarm, details on how to enable/disable alarms (if required), etc.

q) A thorough and detailed description in tabular format of all points to be trended by the system historian complete with tag names, deadbands, ranges, sampling rate, grouping for effectiveness of display, etc.

r) A thorough and detailed description in tabular format of all data points which will need to be made available to Toronto Water business systems, such as iHistorian, WMS, POMS, eOPS, LIMS, etc.

s) Block diagrams where necessary to clearly show logical connections and interactions of the control system components.

2. Update the Master P&IDs provided by the City, or prepare/create new P&IDs in case masters do not exist, in accordance with the latest ANSI/ASI standards and Toronto Water PCS Guidelines.

3. Update Master SCADA Architecture drawing of the facility to show modifications and additions of new equipment.

4. Develop device typical control schematics and typical instrument wiring diagram/loop drawings in accordance with Toronto Water PCS Guidelines.

5. Provide drawings and specifications for any power supply upgrades and additions required as a result of new or modified equipment.

6. Update the Master Single Line Drawings (SLDs) provided by the City, or prepare/create new SLDs in case masters do not exist, in accordance with Toronto Water PCS Guidelines.

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7. Provide an updates cost estimate related to PCS to construct the project.

A.12.5.3 At the 70% Detailed Design Phase the Consultant shall:

1. Produce equipment and instrumentation layout drawings as required which show the approximate position of the devices within the facility/area.

2. Produce Device Control Schematics and Instrument Wiring Diagram/Loop Drawings for each device/instrument. These drawings are based on the approved typical instrument wiring diagram/loop drawings produced at the 50% detailed design phase. Drawings shall include proper wire tags, fuse/circuit breaker tags, wire size, and colour in accordance with the Toronto Water PCS Guidelines.

3. Provide drawings for new panels or modifications to any existing control panels. Control panels drawings must as a minimum include control panel layouts, RPU (PLC Layout, Panel Power Distribution, and I/O Modules Wiring Diagram. Drawings shall include proper wire tags, fuse/circuit breaker tags, wire size, and colour in accordance with the Toronto Water PCS Guidelines.

4. Identify requirements for development of cable block diagrams by the contractor during the construction phase. As a minimum, diagrams must show all cables, source and destination location, number of wires, wire size, and all junction boxes. These drawing shall form part of the Consultant's as built PCS drawings.

5. Create or update the Hardware and Software Inventory Lists for the facility indicating what new software or hardware is required for the SCADA system. These include Server, Client, RPU, termination panel, and Access Closet hardware and software Inventory and available capacity.

6. Update the PCN to include all instrument ranges, setpoints, and default values.

7. Provide a PCS I/O Tag List for inclusion in Toronto Water's ETMS database upon approval by the City. The list shall identify related device status: new, reuse, replace, and delete as well as the intention to reuse (recycle) device tags.

8. Refine/develop the Alarm list in the PCN to include Alarm Priority (High, Medium, Low, WIN911) and Alarm Conditioning

9. Update the iHistorian, eOPS, POMS, LIMS, requirements in the PCN.

10. Complete the detailed design for the alarm notification and security that formed part of the preliminary design report. Coordination with the City's Corporate Security is required at this stage for security related issues.

11. Complete the detailed design of the networking and structure cabling requirements formed in the Preliminary Design Report.

12. Populate the Entity Information List (WMS List) with design data (Tag Name, Description, Equipment Type, Location, Size, Range, etc.)

13. Create equipment physical tag lists indicating details of tag quantities, sizes, and types for all field equipment to be physically tagged during construction.

14. Provide electrical drawings and requirements for all electrical upgrades for the project.

15. Create a FAT/SAT Check Sheet and Process Logic Test Sheet in accordance with Toronto Water's PCS Guidelines. These sheets must be sufficiently detailed for a programmer to interpret/program and must include sufficient information to allow for fully testing implementing the intent of the Process Control Narrative. These sheets will form part of the tender and be used at the FAT/SAT during the construction phase.

16. Provide drawings identifying obsolete hardware and wiring to be removed under the project.

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17. Where tags have been deleted or recycled, provide a detailed list indicating which software objects and references should be removed from existing systems, i.e.: PLC, HMI/SCADA, iHistorian, etc.

A.12.5.4 At the 95% Detailed Design Phase the Consultant shall:

1. Provide an updated cost estimate related to PCS to construct the project.

A.12.5.5 The 100% detailed design shall include all updates to reflect comments and revisions made during the review of the 95% detailed design submittal.

A.12.6 Construction Phase

A.12.6.1 In addition to the preliminary and detailed design requirements listed above, the Consultant shall:

1. Provide individual "Issued for Construction" for PCS drawings in the event that typical drawings formed part of the tender documentation.

2. Review all shop drawings. Note that the City has the option to review the PCS shop drawings and may choose to exercise this option after the Consultant's initial review is completed prior to submitting to the contractor. This is not a parallel activity and the responsibility for accuracy and correctness for the PCS shop drawing review will lie with the Consultant.

3. Approve equipment FAT prior to any equipment being delivered to the project site.

4. Review all Contractor written transition plans prior to submitting to the City for approval.

5. Review all software (PLC, SCADA) prepared during construction for compliance with Toronto Water Standards. Software review includes Process Display Programming, Operator Interface Programming, Alarming, Colour Convention, RPU Software Programming, and Standard Software Modules.

6. Review and approve a detailed FAT test plan. This test plan is to broaden the FAT Check Sheet and Process Logic Test Sheet previously prepared during the design phase. The detailed FAT test plan must include:

a) All Field I/O to be tested such as equipment status, control modes and hardwired alarms.

b) All virtual points to be tested such as alarms (including priority and conditioning), setpoints, and operator entered parameters.

c) All automatic logic tests designed to prove that the program responds as detailed in the PCN.

d) A thorough graphics review.

e) The PCN and the contract drawings (Control Schematics, Loop Diagrams, and P&IDs).

f) Proposed FAT schedule and description of the proposed testing environment (Hardware/Software Utilized).

g) All the software components (Known as PRE-FAT Version of the Software)

7. Review a Hardware SAT plan that includes:

a) A SAT schedule.

a) A testing procedure for each item.

b) Sign-off documentation.

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c) Details of City involvement, including any operational requirements such as shutdowns, communication interruptions, etc.

8. Review a Hardware Training plan, in accordance with Toronto Water PCS Guidelines, containing a schedule and detailed outline of all material to be covered.

9. Complete all I/O tests, loop tests, network tests, and instrumentation calibration verification sheets jointly with the Contractor prior to the hardware SAT.

10. Compile all the Hardware SAT results and submit to the City for review. The hardware SAT involves Control Panels and Local Operating Interfaces, Networking Equipment, Workstations, PLCs, and instrumentation.

11. Perform the SAT and ensure that the software functions according to the PCN.

12. Ensure all control loops are tuned and all process variables respond according to design.

13. Finalize tag lists and PCS I/O lists identifying all changes made throughout construction and commissioning for including into the ETMS and WMS.

14. Submit As-Built documentation integrating all changes into documentation prepared in the design phase of the project.

15. Update all master documentation such as Master P&IDs, Master PCNs, and Master SLDs.

A.12.6.2 In the event the Consultant is the System Integrator, the consultant shall:

1. Create and submit a detailed FAT plan (including all components) to the City with a copy of all the software components (Known as PRE-FAT Version of the Software) for review and approval by the City.

2. Host the FAT to the details presented in the schedule and FAT test plan documentation and Toronto Water's PCS Guidelines. Upon successful completion for the FAT, the Consultant shall submit a copy of all software components to the City (Known as the PRE-SAT Version of Software).

3. Perform training on the new software components prior to the SAT.

END OF APPENDIX A.12

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APPENDIX A.13 – WORK MANAGEMENT SYSTEM

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TABLE OF CONTENTS

A.13 WORK MANAGEMENT SYSTEM (WMS) ENTITY INFORMATION WORKSHEET (EIW) ...................................................................................................................... 2

A.13.1 GENERAL .................................................................................................................................... 2

A.13.2 PRELIMINARY DESIGN PHASE ....................................................................................................... 3

A.13.3 DETAILED DESIGN PHASE ............................................................................................................. 3

A.13.4 CONSTRUCTION PHASE ................................................................................................................ 4

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A.13 Work Management System (WMS) Entity Information Worksheet (EIW)

A.13.1 General

A.13.1.1 Toronto Water utilizes a Work Management System (WMS) for all identification, planning, scheduling and execution of preventive and corrective maintenance work in its Water Treatment Plants, Wastewater Treatment Plants, Water Supply Transmission, and Sewage Pumping & Collection Stations. This system requires detailed data on all equipment or Entities that require maintenance in order to suitably plan, capture, track and improve maintenance activities. The Entity Information Worksheet (EIW) is used for the collection and submission of equipment or Entity information pertinent to the operation and maintenance of plant equipment and is integral to the development of maintenance schedules and asset management. Toronto Water has an Optimized Maintenance Unit (OMU) which maintains the standards and guidelines for the WMS EIW. The OMU also provides support for review of WMS EIW deliverables, including but not limited to tagging of assets and naming of assets not related to the Process Control System (PCS).

A.13.1.2 The requirements for consulting engineering services, related to the WMS EIW form part of the base scope of all Consulting assignments with any installed or retrofitted component(s). The Consultant shall:

1. Prepare the initial WMS EIW for submission to the Contractor. The WMS EIW shall form part of the tender documentation.

2. Attend and participate in all WMS EIW information and review meetings

3. Review the WMS EIW submissions prepared by the Contractor during construction and ensure compliance with the contract specifications.

4. Review the WMS EIW and submit at the specified milestones.

5. Submit "As-Built" WMS EIW documentation.

A.13.1.3 Any Entity with a standard tag found on the Contract P&IDs, Contract Drawings or equipment lists will require an entry in the WMS EIW. The following types of equipment are required to be tracked and listed in the WMS and therefore require entries in the EIW:

1. Pumps and motors

2. Tanks

3. Valves and actuators

4. Process Mechanical - 75mm or larger or for regulatory purposes

5. Building Mechanical – motorized valves only

6. Instruments, sensors and analyzers

7. HVAC equipment (blowers, heaters, AHUs, etc.)

8. Computers, servers, PLCs, network, software and other SCADA equipment

9. Cranes, conveyors, hoists, forklifts and other conveyance equipment

10. Operated doors (overhead, roll-up, automated, etc.)

11. Fire prevention and suppression equipment

12. Electrical equipment (switchgears, MCCs, generators, UPSs, breakers, disconnects, etc.)

13. Consultant supplied process equipment (dosing skids, glycol packages, mixers, blowers, bar screens, chemical prep skids, lube skids, etc.)

14. Maintenance equipment (tools, testing equipment, cleaning equipment, welders, lifting equipment)

15. Personal Protective & Safety Equipment (eyewash stations, harnesses, SCBA, AEDs, Electrical gloves, Arc Flash Protective Gear)

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16. Phone and paging systems

17. Vehicles

18. Exit and emergency lighting

A.13.1.4 The following items are not requirements of the WMS and do not need entries in the WMS EIW:

1. Permanent structural entities (buildings, frames, floors)

2. Mechanical piping

3. Wiring (electrical, signal, network)

4. Basins, sumps

5. Roads and pathways

6. Landscaping (trees, plants, ornaments, etc.)

7. Doors (non-operated) and windows

8. Furniture

9. Plumbing fixtures (taps, faucets, sinks)

10. Non tagged valves smaller than 75mm other that do not perform regulatory functions

A.13.2 Preliminary Design Phase

A.13.2.1 The Consultant shall:

1. Attend a workshop at the existing facility, or a similar Toronto Water facility, and to become familiar with Equipment tagging, Work Management System and the Entity Information Worksheet.

A.13.3 Detailed Design Phase

A.13.3.1 The Consultant shall:

1. Prepare and submit for approval a new equipment WMS EIW using the EIW template. An EIW template spreadsheet will be provided to the Consultant.

2. Prepare and submit for approval a replacement equipment WMS EIW list using the EIW template for equipment that is going to be replaced or upgraded. In the case the original tag remains valid but the existing equipment is to be replaced with new, the EIW must be updated for the replacement equipment.

3. Prepare and submit for approval a deleted equipment WMS EIW using the EIW template.

4. Prepare and submit for approval a reused equipment WMS EIW list using the WMS EIW template for equipment that will be reused in same or different capacity or function as part of the project. In this case the EIW must reflect any relevant changes to function, location, drawings and maintenance requirements.

A.13.3.2 At the 70% Detailed Design Phase the Consultant shall:

1. Organize and chair a workshop to discuss WMS EIW requirements with Facility staff and understand scope of equipment to be captured on WMS EIW

2. Populate the WMS EIW with design data per the template. Complete "General Info" portion of the worksheet which includes:

a) Entity Number: provided by Consultant

b) Entity Name: provided by Consultant

c) Entity Site Name: provided by Consultant

d) Parent Entity Number: provided by Consultant

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e) Parent Site name: provided by Consultant

f) Original Entity Number: provided by Consultant

g) Criticality: provided by Consultant

h) Entity Type: provided by Consultant

i) Entity Classification: provided by Consultant

j) Entity Category: provided by Consultant

k) Entity Location Description: provided by Consultant

l) Entity Description: provided by Consultant

m) Drawing Number: provided by Consultant

A.13.3.3 At the 95% Detailed Design Phase the Consultant shall:

1. Prepopulate the WMS EIW with equipment numbers to indicate to the contractor where additional detailed information is required following equipment purchase during construction. For example, a pump with a motor should have the equipment number populated in the "motor" and the "pump" tabs of the WMS EIW.

A.13.3.4 The 100% detailed design shall include all updates to reflect comments and revisions made during the review of the 95% detailed design submittal.

A.13.4 Construction Phase

A.13.4.1 In addition to the items listed above, the Consultant shall:

1. Review the WMS EIW populated by the Contractor and ensure full compliance with the specifications prior to submitting to the City.

2. All changes to tag list made throughout construction shall be reflected in the WMS EIW.

END OF APPENDIX A.13

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APPENDIX A.14 – ENERGY MANAGEMENT PLAN

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TABLE OF CONTENTS

A.14 ENERGY MANAGEMENT PLAN (EMP) .................................................................. 2

A.14.1 GENERAL .................................................................................................................................... 2

A.14.2 ENERGY REDUCTION TARGET ....................................................................................................... 3

A.14.3 ENERGY MANAGEMENT PLAN (EMP) - ENERGY EFFICIENCY RECOMMENDED MEASURES ................ 3

A.14.4 ENERGY MANAGEMENT PLAN (EMP) FOR CAPITAL PROJECTS ....................................................... 5

A.14.5 SERVICES DURING CONSTRUCTION ............................................................................................... 8

A.14.6 SITE SERVICES DURING TESTING AND COMMISSIONING .................................................................. 9

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A.14 ENERGY MANAGEMENT PLAN (EMP)

A.14.1 General

A.14.1.1 The City of Toronto (Toronto Water) needs an Energy Management Plan (EMP) for each project. The consultant shall prepare an EMP as per the requirements mentioned in the Appendix A.14 (EMP), and submit it to the City as a deliverable during Pre-Design and Detailed Design stages of the project.

EMP Updates Baseline Develop Monitoring and Verification (M&V) Plan

M&V Updates, Training, Manuals

Pre-Screening Checklist, Draft EMP

Preliminary Design

Construction

PCS Construction

PCS Software Program

PCS Field Testing

Testing & Commissioning

Substantial Performance

Update M&V as required

Energy Reduction Measures Captured

Detailed Design

Tendering Process

EMP input Project Phase

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A.14.2 Energy Reduction Target

A.14.2.1 City of Toronto Council Energy Reduction Targets

1. The Council approved the following energy management targets:

a) A 20 percent reduction in carbon dioxide emissions by 2005 from 1990 levels

b) Developments to reduce energy use in their buildings and in the City building and facilities by at least 15 percent by 2005

c) The City to purchase 25 percent of its corporate energy needs from “green power”

d) Ensure that the City accounting system allows energy use to be tracked

A.14.2.2 Toronto Water Energy Optimization Plan (2015)

1. The Toronto Water Division has established the following energy optimization targets:

a) A 20 percent per capita reduction in greenhouse gas emissions by 2035 from 2014 levels.

b) Revenue Generation based on energy savings and incentive received demonstration of innovation in energy use.

A.14.3 Energy Management Plan (EMP) - Energy Efficiency Recommended Measures

A.14.3.1 Council and Division targets govern the energy management strategies for capital projects. These strategies shall aim at understanding the energy impacts and minimizing the energy requirements by using the best available energy management technology in the project design where feasible and cost-effective. Provide an Energy Management Plan (EMP) that evaluates and details energy impacts and efficiency measures that shall include, but are not limited to the following:

1. Building Envelope and HVAC General Considerations:

a) Design of building envelopes and systems that minimize heating, ventilation, and air conditioning requirements

b) Heating and ventilation units monitored and controlled through Building Automation System (BAS): occupancy and load scheduling, lockouts, sensors, resets, diagnostics, alarm conditions

c) Programmable temperature controllers to allow set back during non-occupied periods

d) Use of gas fired heaters and dehumidifiers

e) Outdoor air supply units optimally sized to meet ventilation requirements, and integrated with BAS to reduce ventilation load during non-occupied periods

f) Use of doors with high thermal values and gaskets to reduce air flow

g) Window positions to maximize use of natural light and allow passive solar heating where desired

h) Reflective window films, high performance windows, window shades/overhangs to minimize unwanted solar heat gain/loss

i) Insulated wall assemblies

j) Ceiling fans

k) Recirculation systems to recover heat from areas with warm exhaust air

l) Installation of heat-generating equipment outdoors

m) Consideration of rooftop solar panels, cool roofs, and green roofs

n) Proper installation and sealing of duct work

o) Sizing of HVAC units to better match load requirements;

p) Energy recovery ventilators (ERV)

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2. Lighting/Electrical General Considerations:

a) Use of energy efficient lighting systems and lighting control devices: occupancy/vacancy sensors, daylight sensors, timers, photocells for occupancy/non-occupancy conditions, dimming capabilities

b) Maximize use of natural daylight

c) Task lighting for locally focused light

d) Energy efficient lighting technologies qualifying for energy incentive programs

e) Peak shaving, load shedding

f) Power factor correction - shall be greater than 0.95 lagging

g) Digital power consumption monitoring and logging of switchgear and MCCs

h) LED lighting that is Energy Star compliant or listed in the Design Light Consortium’s (DLC) most recent Qualified Product Listing (QPL)

3. Process General Considerations:

a) Design of treatment processes and process equipment that optimize energy consumption

b) Pump selection to optimize power consumption (best efficiency point located close to point in system curve at which pump operates most often), including trimming of impellers for existing pumps

c) Pump operation optimization (duty tables)

d) High efficiency motors where applicable – any motors with greater than 60% duty cycle should be considered for ultra high efficiency

e) Any motors with intermittent loads should be considered for variable frequency drives (VFDs)

f) Soft starters

g) Energy efficient blowers such as turbo blowers with air or magnetic bearings

h) Optimization of process control (backwash, chemical dosing) to minimize energy use while meeting regulatory and performance needs

i) Insulate process piping to minimize condensation and humidity

4. Control system &/or operational changes

5. Evaluation of waste heat recovery options, renewable energy technologies or any other recommendations which do not fit with items (a) – (d) above.

A.14.3.2 It is the City’s objective to maximize energy savings upon completion of the project through innovative solutions, including but not limited to the opportunities unique to the facility under consideration.

A.14.3.3 The Consultant shall undertake the development of an EMP if energy usage for any of the following systems are impacted by the scope of work:

1. Process and/or mechanical systems

2. Operational procedures and related control systems

3. HVAC equipment and building automation systems

4. Lighting and electrical systems

5. Building envelope systems

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A.14.4 Energy Management Plan (EMP) for Capital Projects

A.14.4.1 PRE-DESIGN Engineering Services

1. If an EMP is required, the Consultant shall undertake an in-depth review of the technical options and perform a cost-benefit analysis of the relevant energy efficiency measures recommended (refer to Item A.14.3 for suggestions). Otherwise, the Consultant shall document in a brief memo why the EMP is not required.

2. The Consultant shall prepare the EMP during Pre-Design stage of the project, and summarize the recommended energy management measures appropriate for the project in the EMP and attach as an appendix to the predesign report. Include calculations and assumptions as appropriate, such as system schedule and equipment ratings. Include a table similar to the following table in the summary for new projects:

Energy

Management

Recommendation

Energy Impact

Capital

Cost ($) Annual

Cost ($)

Annual

Consumption

(kWhand/ or

natural gas

cubic meters )

Demand

(kW)

Greenhouse

Gas

Emission

(GHG) ( Kg

or Tonnes)

3. The scope of EMP has be project specific and should include the following sections:

a) Scope of work, overall project goals and specific relevance to energy optimization.

b) System Design Considerations – assumptions and considerations with respect to energy optimization for process and non-process equipment.

1. How to operate for now and later and the transitions in between

2. Operational impacts

3. Building services impacts

c) Design Standards – include discussion on relevant standards/regulations/codes, such as those described in proposed RFP/RFQ Appendix Section – A.14.

1. Motors and Drive Systems – includes assumptions and energy management measures, such as use of energy efficient motors, VFDs.

2. Power Monitoring – includes description of power monitoring systems to track and report performance.

3. Innovative technology or energy conservations measures that reduce total cost of ownership

d) Incentives and Rebates – discussion on relevant funding from sources external to Toronto Water such as those described in proposed RFP/RFQ Appendix Section A.14

e) Estimated Change in Energy Consumption – includes breakdown of energy use before and after by process unit, non-process system, or equipment, as appropriate. Link to the proposed RFP/RFQ Appendix Section – A.14 including normalized energy consumption per ML.

f) Evaluation of Expected Peak Loads – as applicable, to confirm whether electrical system upgrades are required.

g) Electrical Power Management – includes consideration of peak shaving, load shedding, etc.

h) Design of Buildings and Building Services – includes energy management measures such as those described in proposed RFP/RFQ Appendix Section A.14.

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4. For retrofits to existing systems, include a summary of the estimated electricity and/or natural gas use for the new system in comparison with the existing system. Identify energy consumption and demand for the existing system, the new system, and the net change upon completion of the project. Include calculations and assumptions as appropriate, such as system schedule and equipment ratings. Include the following table in the summary as appropriate for specific equipment, process, or energy management measures:

Existing System New System

GHG

(kg/tonne)

Estimated

Annual

Energy

Savings

($)

Estimated

Capital

Cost ($)

GHG

reduction

Equipment,

Process, or

Energy

Measure

Description

Demand

(kW)

Annual

Consumption

(kWh) and

Normalized

Consumption

(kWh/ML)

GHG

(kg/tonne)

Demand

(kW)

Annual

Consumption

(kWh) and

Normalized

Consumption

(kWh/ML)

e.g. Building

services,

treated

water

pumping,

filter

backwash

5. The EMP will be used by Toronto Water to demonstrate successful energy management

practices, to demonstrate the cost-effectiveness of projects, and to receive any third party Conservation and Demand Management (CDM) incentives &/or rebates applicable for this project, including but not limited to the programs offered by the following agencies:

a) Toronto Hydro (example, SaveONenergy Program - relevant for HVAC, lighting, process and systems, compressed air systems, audits)

b) IESO (example, Demand Response)

c) Enbridge (example, Commercial Retrofit Program (2015-2020))

d) Federal and Provincial governments

e) City of Toronto

6. The design shall meet or exceed the requirements of any applicable municipal, provincial or federal standards/legislation/guidelines including the following:

a) Green Energy Act (GEA), 2009

b) Renewable Energy Approvals (O. Reg. 350/09)

c) Ontario Electrical Safety Code

d) Ontario Building Code – Energy Efficiency Clauses

e) Cap-and-Trade (tentatively in place in 2017)

f) Toronto Green Standard – minimum Tier 1 Compliance against Ontario Building Code (OBC)

g) Toronto Green Roof Bylaw (Municipal Code Chapter 492, 2013)

h) NFPA 820 (Wastewater Facilities)

i) Environmental Compliance Approval (ECA)

j) Electrical Safety Authority (ESA)

7. The implementation of the recommendations related to A.14.3 items 1. (a) through (d) in the design phase is deemed to be included in the base scope of work.

8. Inclusion of any recommendations associated with A.14.3 item 1. (e) will be adopted subject to City acceptance and a negotiated change in scope.

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A.14.4.2 Detailed-Design Engineering Services

1. 50% Design Review Package: Submit the following with 50% detailed-design review package

Updated Energy Management Plan (EMP): Provide an update to the EMP provided in the pre-design phase in TM format. The update is to refresh all energy savings calculations for base case analysis, and updates to energy savings from measures implemented in detailed design, with specific information and data from the specified equipment. The TM should include all specific data for the energy calculations, based on the specified equipment. Submit for review by the City including Toronto Water’s Operations Efficiency Unit.

2. 70% Design Review Package: Submit the following with 70% detailed-design package

Updated Energy Management Plan (EMP): Provide an update to the EMP provided in the pre-design phase in TM format. The update is to refresh all energy savings calculations for base case analysis, and updates to energy savings from measures implemented in detailed design, with specific information and data from the specified equipment. The TM should include all specific data for the energy calculations, based on the specified equipment. Submit for review by the City including Toronto Water’s Operations Efficiency Unit.

3. 100% Final Design Package

The Consultant shall undertake the following work during the detailed design phase to support the City in its preparation of submission of applications for incentives from Toronto Hydro or Enbridge Gas or other agencies prior to tendering:

a) Measurement & Verification (M&V): The Consultant will recommend a plan for Measurement & Verification of the existing system, and for the new system after the project is implemented. The Project M&V shall be consistent with the International Performance Measurement and Verification protocol (IPMVP). The objective of measurement and verification activities is to confirm that the Energy Management Measures are installed and resulting in Energy Savings and Demand Savings. The Consultant will provide a means for monitoring of both the existing and new systems.

1. The Consultant is to determine in consultation with the City one of the following generic M&V options based on design and appropriate information available:

a) Engineering calculations (using both stipulated values and measurements)

b) Metering and monitoring (spot, short-term, or continuous measurement)

c) Utility bill analysis

d) Computer simulation models

A.14.4.3 Conservation and Demand Management (CDM) Incentives: Assist the City in the preparation of submission of pre-project documentation for Conservation and Demand Management (CDM) Incentives/Rebates.

A.14.4.4 Updated Energy Management Plan (EMP): The consultant is to update and finalize the EMP in Technical Memorandum (TM) format. The update is to refresh all energy savings calculations for base case analysis, and updates to energy savings from measures implemented in detailed design, with specific information and data from the specified equipment. The TM should include all specific data for the energy calculations, based on the specified equipment. Provide the following prior to tendering:

1. Identification of eligible equipment and lighting through consideration with the City (i.e. Toronto Water’s Operations Efficiency Unit).

2. A description of the base case – i.e. identify number, type, and wattage of existing devices to be removed, including description of existing control system (if any).

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3. A description of the proposed case – i.e. number, type, and wattage of new devices to be installed, including description of existing control system (if any).

4. Energy Demand (kW) and Annual Consumption (kWh and or m3 natural gas used) for the base case i.e. existing eligible equipment, and for the post-retrofit case, i.e. new equipment.

5. Estimated total project cost (total upset limit) with breakdown of costs by measure (i.e. lighting, building envelope and HVAC, process mechanical, control systems).

6. Estimates of costs for each measure by Labour and Material Components (i.e. unit costs such as $/fixture, and $/hour of labour).

7. Product or performance data sheets for proposed equipment.

8. Proposed Measurement and Verification (M&V) Plan for the project.

9. Partial completion of the application for CDM Incentives/Rebates. City to provide sample applications to the Consultant by request.

A.14.4.5 Ensure the tender includes the following requirements for contractor scope of work for the purpose of qualification for Conservation and Demand Management (CDM) Incentives/Rebates:

1. Product or performance data sheets showing the actual model number of the installed equipment, rated capacities, efficiencies, and/or performance curves where applicable.

2. An itemized invoice showing:

a) Actual costs of the equipment purchased and installed

b) Actual costs of labour for the installation of the equipment by suppliers

c) Actual costs to dispose of or decommission the replaced equipment if any

d) Actual costs of inspection of the project as may be required pursuant to laws and regulations if any

3. All appropriate disposal certificates or similar documentation showing that the old equipment that was removed or replaced was disposed of or decommissioned in accordance with appropriate disposal or decommissioning processes, applicable laws, and in accordance with commercially reasonable environmental practices.

4. To implement the M&V plan as provided in the scope of work and facilitate the implementation of the pre and post equipment installation measurement and verification of energy and demand savings.

A.14.4.6 Deliverables

1. Energy Management Plan (EMP) deliverables include the following:

a) EMP in the Pre-Design Report (PDR)

b) Updated EMP at 50% Detailed-Design stage of the project

c) Updated EMP at 70% Detailed-Design Stage of the project

d) Completed Conservation and Demand Management (CDM) Incentive(s) form

A.14.5 Services during Construction

A.14.5.1 Quality Assurance and Quality Control Programs during Construction.

1. Perform Measurement & Verification (M&V) of the existing system per the requirements of Section A.14

A.14.5.2 Training and Manuals provided by Contractor/Supplier for Plant Operation Staff on Operation and Maintenance of Equipment

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1. Ensure that Plant Operation Staff are fully advised of any Energy Management Measures associated with the Energy Management Plan which are related to operations and/or control measures.

A.14.5.3 Consultant’s Operation Manuals & Operations Training

1. The manuals are to include the alarm setting, safety settings, routine equipment checks, process troubleshooting guides, Standard Operating Procedures (SOPs), descriptions of performance measures, and descriptions of information associated with the Energy Management Plan which are related to the operation and functionality of the new system.

2. Provide process training to City staff prior to the hand-over of the equipment. Training to include at a minimum:

A.6.6.5 Process overview A.6.6.6 Standard Operating Procedures A.6.6.7 Process troubleshooting A.6.6.8 Control philosophy A.6.6.9 SCADA system control hierarchy and screen navigation A.6.6.10 Energy Management Measures related to operations and control

3. Training to be provided to plant staff on a shift schedule. Allow for 5 training sessions on separate days to accommodate the shift schedules.

4. Manuals to be in hardcopy and electronic format (native files and pdf) per RFP requirement.

A.14.6 Site Services During testing and commissioning

A.14.6.1 Commissioning Phase

1. Perform Measurement & Verification (M&V) of the new system per the requirements of Section A.14.

2. The commissioning phase may only be terminated upon successful completion of all the verification/checkout and commissioning of equipment, system and sub-systems, processes etc. that enables the facility to operate in the manner as designed and intended per the contract specifications and drawings prepared by the Consultant.

END OF APPENDIX A.14

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APPENDIX B

RFP PROCESS TERMS AND CONDITIONS

1. Proponent’s Responsibility It shall be the responsibility of each Proponent: (a) to examine all the components of this RFP, including all appendices, forms and addenda; (b) to acquire a clear and comprehensive knowledge of the required services before submitting a

Proposal; (c) to become familiar, and (if it becomes a successful Proponent) comply, with all of the City’s

Policies and Legislation set out on the City of Toronto website at: http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=6281a73f0243b510VgnVCM10000071d60f89RCRD

The failure of any Proponent to receive or examine any document, form, addendum, Agreement or policy shall not relieve the Proponent of any obligation with respect to its Proposal or any Agreement entered into or Purchase Order issued based on the Proponent’s Proposal. 2. Prime Proponent A Proposal by a consortium of two or more entities may be submitted, but one person or company must be shown as the prime Proponent and be prepared to represent the consortium to the City by executing the Agreement, acting as the primary contact, and taking overall responsibility for performance of the Agreement. Where a Proposal is made by a prime Proponent with associate firms working with or under the prime Proponent in either a sub-contracting or consortium relationship, it is required that those associate firms be named in the Proposal. 3. City Contacts and Questions All contact and questions concerning this RFP should be directed in writing to the City employee(s) designated as “City Contact” in the Notice to Potential Proponents. No City representative, whether an official, agent or employee, other than those identified “City Contacts” are authorized to speak for the City with respect to this RFP, and any Proponent who uses any information, clarification or interpretation from any other representative does so entirely at the Proponent’s own risk. Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Proponent to bypass the RFP process may be grounds for rejection of its Proposal. From and after the date of this RFP until the time of any ensuing contract award, no communication with respect to this matter shall be made by any potential Proponent, or its representatives, including a third-party representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Proposal or oppose any competing Proposal, nor shall any potential Proponent, or its representatives, including a third party representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss the RFP or its Proposal with any City staff, City officials or Council member(s), other than a communication with the "City Contact" identified on page 1 on this RFP. Proponents should be aware that communications in relation to this RFP outside of those permitted by the applicable procurement policies and this RFP document contravene the Lobbying By-law, an offence for which a person is liable to a maximum fine of $25,000.00 on a first conviction and

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$100,000.00 on each subsequent conviction. In addition, the City's Supplier Code of Conduct provides that any Proponent found in breach of the policy may be subject to disqualification from the call or a future call or calls at the discretion of Council. Notwithstanding anything to the contrary as set out in this document, the obligations as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. For your information, please find below the links to the City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement: http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf http://www.toronto.ca/legdocs/municode/1184_140.pdf http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf 4. Addenda If the City, for any reason, determines that it is necessary to revise any part of this RFP or to provide additional information relating to this RFP, such information will be communicated to all Proponents by addenda. Each addendum shall form an integral part of this RFP. Such addenda may contain important information, including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by the City. All Proponents must acknowledge receipt of all Addenda in the space provided on the Proposal Submission Form. The City reserves the right to revise this RFP up to the Closing Deadline. If any addendum is issued after the Deadline for Issuing Addenda, the City may at its discretion extend the Closing Deadline for a reasonable amount of time. The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final Addendum (if any) no later than two (2) days prior to the Deadline. 5. Exceptions to Mandatory Requirements, Terms and Conditions If a Proponent wishes to suggest a change to any mandatory requirement, term or condition set forth in any part of this RFP, it should notify the City in writing not later than the deadline for questions. The Proponent must clearly identify any such requirement, term or condition, the proposed change and the reason for it. If the City wishes to accept the proposed change, the City will issue an Addendum as described in the article above titled Addenda. The decision of the City shall be final and binding, from which there is no appeal. Changes to mandatory requirements, terms and conditions that have not been accepted by the City by the issuance of an Addendum are not permitted and any Proposal that takes exception to or does not comply with the mandatory requirements, terms and conditions of this RFP will be rejected. 6. Omissions, Discrepancies and Interpretations A Proponent who finds omissions, discrepancies, ambiguities or conflicts in any of the RFP documentation or who is in doubt as to the meaning of any part of the RFP should notify the City in writing not later than the deadline for questions. 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 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 RFP documents.

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7. Proponents Shall Bear Their Own Costs Every Proponent shall bear all costs associated with or incurred by the Proponent in the preparation and presentation of its Proposal including, if applicable, costs incurred for interviews, demonstrations, or any other activity that may be requested as part of the evaluation process or the process for the negotiation or execution of an Agreement with the City, as the case may be.

8. Limitation of Liability The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any Proponent prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the City of any Proposal, or by reason of any delay in acceptance of a Proposal, except as provided in this RFP. 9. Post-Submission Adjustments and Withdrawal of Proposals No unilateral adjustments by Proponents to submitted Proposals will be permitted. At any time throughout the RFP process, a Proponent may withdraw a submitted Proposal prior to the Closing Deadline. To effect a withdrawal, a notice of withdrawal must be sent to the City Contact and must be signed by an authorized representative of the Proponent. The City is under no obligation to return withdrawn Proposals. A Proponent who has withdrawn a Proposal may submit a new Proposal, but only in accordance with the terms of this RFP. 10. Binding Proposal

After the Closing Deadline each submitted Proposal shall be irrevocable and binding on Proponents for a period of 120 days.

11. Acceptance of Proposals The City shall not be obliged to accept any Proposal in response to this RFP. The City may, without incurring any liability or cost to any Proponent: (a) accept or reject any or all Proposal(s) at any time; (b) waive immaterial defects and minor irregularities in any Proposals; (c) modify and/or cancel this RFP prior to accepting any Proposal; (d) award a contract in whole or in part. The City is relying on the experience and expertise of the Proponent. The City reserves the right to disqualify any Proponent who has given inaccurate, incomplete, false or misleading information in the sole opinion of the City. Proponents and their Affiliated Persons that are currently on a City of Toronto suspended vendor list are not eligible for an award. 12. Verify, Clarify and Supplement When evaluating proposals, the City may request further information from the Proponent or third parties in order to verify, clarify or supplement the information provided in the Proponent's Proposal. The City may revisit and re-evaluate the Proponent’s Proposal or ranking on the basis of any such information. If the City makes a request to a Proponent for clarification of its Proposal, the Proponent will provide a written response accordingly, which shall then form part of the Proposal.

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If, in the opinion of the City, any Proponent has clearly misinterpreted the services or underestimated the hours or value of the services to be performed as reflected in its Proposal content and submitted price/fees, or all or any or any combination of them, then the City may reject its Proposal as not representative of the scope of the services). 13. No Incorporation by Reference The entire content of the Proponent's Proposal should be submitted in a fixed form and the content of websites or other external documents referred to in the Proponent's Proposal will not be considered to form part of its Proposal. 14. Unbalanced Bids (In this paragraph “Bid” refers to the Proposal) The City may reject a bid if it determines, in its sole discretion, that the bid is materially imbalanced. A bid is materially imbalanced when: (a) it is based on prices which are significantly less than cost for some items of work and prices which

are significantly overstated in relation to cost for other items of work; and (b) the City had determined that the proposal may not result in the lowest overall cost to the City even

though it may be the lowest submitted bid; or (c) it is so unbalanced as to be tantamount to allowing an advance payment. 15. Ownership and Confidentiality of City-Provided Data All correspondence, documentation and information provided by City staff to any Proponent or prospective Proponent in connection with, or arising out of this RFP, the Services or the acceptance of any Proposal: (a) is and shall remain the property of the City; (b) must be treated by Proponents and prospective Proponents as confidential; (c) must not be used for any purpose other than for replying to this RFP, and for fulfillment of any

related subsequent Agreement. 16. Ownership and Disclosure of Proposal Documentation (a) The documentation comprising any Proposal submitted in response to this RFP, along with all correspondence, documentation and information provided to the City by any Proponent in connection with, or arising out of this RFP, once received by the City:

i) shall become the property of the City and may be appended to the Agreement and/or Purchase Order with the successful Proponent;

ii) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"), and may be released, pursuant to that Act. (b) Because of MFIPPA, Proponents should identify in their Proposal material any scientific,

technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury.

(c) Each Proponent’s name at a minimum shall be made public. (d) Proposals will be made available to members of City Council provided that their requests have

been made in accordance with the City’s procedure and may be released to members of the public pursuant to MFIPPA.

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(e) The City will not return the Proposal or any accompanying documentation submitted by a Proponent.

17. Intellectual Property Rights Each Proponent warrants that the information contained in its Proposal 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 Proposal. 18. Failure or Default of Proponent If the Proponent, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Proponent under the terms of the RFP, the City may disqualify the Proponent from the RFP and/or from competing for future tenders or RFP issued by the City for a period of one year. In addition, the City may at its option either: (a) Consider that the Proponent has withdrawn any offer made, or abandoned the Agreement if the

offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void; or (b) Consider that the Proponent has abandoned any Agreement and require the Proponent to pay the

City the difference between its Proposal and any other Proposal 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 Proponent’s failure or default, and further the Proponent will indemnify and save harmless the City, its officers, employees and agents from all loss, damage, liability, cost, charge and expense whatever which it, they or any of them may suffer, incur or be put to by reason of such default or failure of the Proponent. The Proponent shall be ineligible to submit a new Proposal or bid for any Call that the City is required to reissue as a result of the Proponent's failure or default or where the City deems that the Proponent has abandoned the Agreement.

19. Publicity The Proponent and its affiliates, associates, third-party service providers, and subcontractors shall not release for publication any information in connection with this RFP or any Agreement without prior written permission of the City. 20. Selection of Top-Ranked Proponent(s) The top-ranked Proponent(s), as established under the evaluation that are selected by the City to enter onto an agreement pending award will be so notified by the City in writing.

21. Notification to Other Proponents Once the recommended Proponent(s) is notified of their selection, the other Proponents will be notified by the City in writing of the outcome of the RFP process.

22. Debriefing Proponents may request a debriefing after receipt of a notification of the outcome of the selection process. All requests must be in writing to the City Contact and must be made within sixty (60) days of notification of the outcome of the selection process. The intent of the debriefing information session is to aid the

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Proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the RFP process. 23. No Contract until Execution of Written Agreement No legal relationship or obligation regarding the procurement of any good or service shall be created between the Proponent and the City by the RFP process until the selection of the Proponent to provide the Deliverables pursuant to an Agreement. 24. Cancellation The City may cancel or amend the RFP process without liability at any time. 25. Bid Protest Procedure (a) Pre-award bid disputes. Proponents should seek a resolution of any pre-award dispute by communicating directly with the City Contact as soon as possible from the time when the basis for the dispute became known to them. The City Contact may delay the outcome of the selection process, or any interim stage of this RFP process, pending the acknowledgement and resolution of any pre-award dispute. For more information, see the Pre-Award and Post-Award Bid Dispute Procedure. (b) Post-award bid disputes. Any dispute to the outcome of this RFP process must be received in writing by the City Contact no later than ten (10) days after the date of the notification of the outcome of the selection process, or where a debriefing has been requested, no later than five (5) days after such debriefing is received. Any dispute that is not timely received or in writing will not receive further consideration. Any written dispute with a procurement value over $100,000 that cannot be resolved by the City Contact through consultations with the Proponent, shall be referred to the Treasurer or their designate(s) for an impartial review, based on the following information: i. A specific description of each act or omission alleged to have materially breached the procurement process; ii. A specific identification of the provision in the solicitation or procurement procedure that is alleged to have been breached; iii. A precise statement of the relevant facts; iv. An identification of the issues to be resolved; v. The Proponent's arguments, including any relevant supporting documentation; and vi. The Proponent's requested remedial action. The Treasurer or their designate(s), in consultation with the City Solicitor, may: i. Dismiss the dispute; ii. Accept the dispute and direct the City Contact to take appropriate remedial action, including, but not limited to, rescinding the award and any executed contract, and canceling the solicitation. For more information, see the Pre-Award and Post-Award Bid Dispute Procedure.

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26. Supplier Code of Conduct (a) Honesty and Good Faith

Proponents must respond to the City's RFP in an honest, fair and comprehensive manner that accurately reflects their capacity to satisfy the requirements stipulated in the RFP. Proponents shall submit a Proposal only if they know they can satisfactorily perform all obligations of the contract in good faith. Proponets shall alert the Buyer to any factual errors, omissions and ambiguities that they discover in the RFP as early as possible in the process to avoid the RFP being cancelled.

(b) Confidentiality and Disclosure Proponents must maintain confidentiality of any confidential City information disclosed to the Proponent as part of the RFP.

(c) Conflicts of Interest and Unfair Advantage Proponents must declare and fully disclose any actual or potential conflict of interest or unfair advantage related to the preparation of their bid or where the Proponent foresees an actual or potential conflict of interest in the performance of the contract.

(d) Collusion or Unethical Bidding Practices No Proponent may discuss or communicate, directly or indirectly, with any other Proponent or their Affiliated Persons about the preparation of their Bid including, but not limited to, any connection, comparison of figures or arrangements with, or knowledge of any other supplier making a submission for the same work. Proponents shall disclose to the Buyer any affiliations or other relationships with other Proponents that might be seen to compromise the principle of fair competition, including any proposed subcontracting relationships.

(e) Illegality A Proponent shall disclose to the Buyer any previous convictions of itself or its Affiliated Persons for collusion, bid-rigging, price-fixing, bribery, fraud or other similar behaviours or practices prohibited under the Criminal Code, the Competition Act or other applicable law, for which they have not received a pardon.

(f) Interference Prohibited No Proponent may threaten, intimidate, harass, or otherwise interfere with any City employee or public office holder in relation to their procurement duties. No Proponent may likewise threaten, intimidate, harass, or otherwise interfere with an attempt by any other prospective Proponent to bid for a City contract or to perform any contract awarded by the City.

(g) Gifts of Favours Prohibited No Proponent shall offer gifts, favours or inducements of any kind to City employees or public office holders, or otherwise attempt to influence or interfere with their duties in relation to the RFP or management of a contract.

(h) Misrepresentations Prohibited Proponents are prohibited from misrepresenting their relevant experience and qualifications in relation to the RFP and acknowledge that the City's process of evaluation may include information provided by the Proponent's references as well as records of past performance on previous contracts with the City or other public bodies.

(i) Prohibited Communications No Proponent, or Affiliated Person, may discuss or communicate either verbally, or in writing, with any employee, public office holder, or the media in relation to any solicitation between the time of the issuance

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of the RFP to the award and execution of final form of contract, unless such communication is with the Buyer and is in compliance with Chapter 140, Lobbying of the Municipal Code.

(j) Failure to Honour Bid Proponents shall honour their Bid, except where they are permitted to withdraw their bid in accordance with the process described in the RFP. Proponents shall not refuse to enter into a contract or refuse to fully perform the contract once their bid has been accepted by the City.

(k) Proponent Performance Proponents shall fully perform their contracts with the City and follow any reasonable direction from the City to cure any default. Proponents shall maintain a satisfactory performance rating on their Contracts with the City and other public bodies to be qualified to be awarded similar contracts.

(l) Disqualification for Non-Compliance with Supplier Code of Conduct Proponents shall be required to certify compliance with the Supplier Code of Conduct in the RFP Submission Form 1 (Appendix C), with their Bid and verify compliance, upon request from the Buyer, prior to award. Any contravention of the Supplier Code of Conduct by a Proponent, including any failure to disclose potential conflicts of interest or unfair advantages, may be grounds for the Chief Purchasing Official to disqualify a Proponent from the RFP and suspend the Proponent from future procurements.

27. Governing Law and Interpretation The terms and conditions in this Appendix A - Terms and Conditions of RFP Process: (a) are included for greater certainty and intended to be interpreted broadly and separately (with no particular provision intended to limit the scope of any other provision); (b) are non-exhaustive (and shall not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations); and (c) are to be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.

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APPENDIX C

STANDARD SUBMISSION FORMS

FORM 1: Proposal Submission Form – Mandatory

FORM 2: Notice of No Submission – If Applicable

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FORM 1

PROPOSAL SUBMISSION FORM

REQUEST FOR PROPOSAL NO. 9117-18-7247

FOR: PROFESSIONAL CONSULTING SERVICES FOR 30 DEE AVE CONSOLIDATION Two-Envelope System

CLOSING: January 7, 2019, 12:00 NOON (LOCAL TORONTO TIME)

PROPONENT INFORMATION Please complete following form, and name one (1) authorized person to be the contact for the procurement process and for any clarifications or amendments that might be necessary.

Full Legal Name of Proponent:

Any Other Trade Name under Which the Proponent Carries on Business:

Street Address:

City, Province/State:

Postal Code:

Phone Number:

Fax Number:

Company Website (If Any):

Contact Person and Title:

Contact Phone:

Contact Facsimile:

Contact E-mail:

1. REQUEST FOR PROPOSAL TERMS, CONDITIONS AND SPECIFICATIONS

By signing this form the Proponent agrees that if selected to provide the goods and/or services described in this Request for Proposal document, they will provide those goods and/or services in accordance with the terms, conditions, and specifications contained in the Request for Proposal document and in accordance with the Proponent's proposal submission.

2. POLICIES The Proponent has read, understood and agrees to comply with the policies, practices and statements found on the City’s website at the following link: http://insideto.toronto.ca/purchasing/index.htm

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Without limiting the Proponent's acknowledgement of the City's general procurement policies, by signing this form, the Proponent acknowledges and certifies that the Proponent, and any of its proposed subcontractors, will provide the goods and/or services in compliance with the following specific policies:

3. 1 POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST Did you, the proponent, assist the City of Toronto in the preparation of this Request for Proposal call? Specify: Yes _______ No _________ For a copy of the City of Toronto Policy, visit the website: POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST

3.2 RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO EMPLOYEES FOR CITY CONTRACTS Proponents are to state the name(s) of any former City of Toronto management employee(s) hired/used by your firm, if any, who have left the employ of the City or its special purpose bodies within the last two years. Specify: _________________________________________________________________ This policy will be considered in the evaluation of all submissions received by the City of Toronto in addition to any other potential conflicts of interest and unfair advantages identified in the RFP. For a copy of the City of Toronto Policy, visit the website: RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT EMPLOYEES FOR CITY CONTRACTS 3.3 RIGHT TO REJECT DEBTORS AND SET OFF POLICY For a copy of the City of Toronto Policy, visit the website: RIGHT TO REJECT DEBTORS AND SET OFF POLICY

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3.4 ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT For a copy of the City of Toronto Environmentally Responsible Procurement Policy, visit the website: ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT State if environmentally preferred products/service is being offered: YES______ NO______ State briefly the environmental benefit of the product/service offered: __________________________________________________________________________ __________________________________________________________________________

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

I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract.

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3.6 DECLARATION OF COMPLIANCE WITH THE CITY OF TORONTO FAIR WAGE AND LABOUR TRADES POLICY By signing this form, the proponent acknowledges and certifies that the proponent, and any of its proposed subcontractors, will provide the services in compliance with the City's Fair Wage and Labour Trades Policy. The policy and schedules are available on the Fair Wage Office website – www.toronto.ca/fairwage

3.7 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING REQUIREMENTS POLICY For a copy of the City of Toronto Policy, visit the website: ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING REQUIREMENTS POLICY

3. OTHER CONFLICT OF INTERESTS OR PROHIBITED CONDUCT The City may prohibit a proponent from participating in a procurement process, or from being awarded a contract based on past performance or based on inappropriate conduct in a prior procurement process or resulting contract, and such inappropriate conduct shall include but not be limited to the following:

(a) the submission of quotations containing misrepresentations or any other inaccurate, misleading or incomplete information;

(b) the refusal of the proponent to honour its pricing or other commitments made in a proposal or bid; (c) the proponent has communicated or entered into an agreement or arrangement with other

proponents or suppliers in relation to this procurement process without the knowledge of the City's Chief Purchasing Official;

(d) the proponent or its affiliated persons have previous convictions for collusion, price fixing, bribery, fraud or similar behaviour or practices prohibited by applicable law;

(e) the proponent has threatened, intimidated or harassed other prospective suppliers or City staff in relation to an existing or proposed City contract;

(f) the proponent has offered gifts or favours (including employment) to City staff, Councillors or other officials which might influence or interfere with their official duties with the City;

(g) the proponent or any persons retained by the proponent has attempted to communicate or lobby any City staff or Councillors to obtain a contract, except for such communications as are explicitly permitted with the Chief Purchasing Official under the City's Lobbyist Registry By-law; or

(h) any other conduct, situation or circumstance, as solely determined by the City, that constitutes a Conflict of Interest.

For the purposes of this section, the term “Conflict of Interest” means

(a) in relation to the procurement process, the proponent 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, or having access to, confidential information of the City in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the procurement process (including but not limited to the

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lobbying of decision makers involved in the procurement process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the procurement process; or

(b) in relation to the performance of its contractual obligations contemplated in the contract that is the subject of this procurement, the proponent’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 judgment, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations.

If the box below is left blank, the proponent will be deemed to declare that (a) there was no Conflict of Interest or other prohibited conduct in connection with preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the procurement process. The proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the procurement. If the proponent declares an actual or potential Conflict of Interest or any prohibited conduct, the proponent must set out the details below:

The following individuals, as employees, advisers, or in any other capacity (a) participated in the preparation of our proposal; AND (b) were employees of the City and have ceased that employment within twenty four (24) months prior to the Submission Deadline:

Name of Individual: Job Classification: Department: Last Date of Employment with the City: Name of Last Supervisor: Brief Description of Individual’s Job Functions: Brief Description of Nature of Individual’s Participation in the Preparation of the Proposal:

(Repeat above for each identified individual. Proponents may include this information on a separate sheet if more space is required) The proponent agrees that, upon request, the proponent shall provide the City with additional information from each individual identified above in a form prescribed by the City.

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4. DISCLOSURE OF INFORMATION The proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or if required by order of a court or tribunal. The proponent hereby consents to the disclosure, on a confidential basis, of this proposal by the City to the City’s advisers retained for the purpose of evaluating or participating in the evaluation of this proposal. The proponent shall provide the City with ongoing disclosure, should the proponent be awarded a contract and any of the information provided above change.

5. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA BY NUMBER AND ISSUE DATE I/WE ACKNOWLEDGE THE RECEIPT OF: ADDENDUM No(s). TO DATED TO

SIGNATURE OF AUTHORIZED SIGNING OFFICER _______________________________________________________________________________________ PRINTED NAME OF SIGNING OFFICER

I have authority to bind the proponent and attest to the accuracy of the information provided in this proposal.

THIS FORM MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL OR YOUR PROPOSAL WILL BE DECLARED NON-COMPLIANT.

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IMPORTANT - PLEASE READ THIS It is important to the City of Toronto to receive a reply from all invited Proponents. There is no obligation to submit a Proposal; however, should you choose not to submit, completion of this form will assist the City in determining the type of services you are interested in submitting a Proposal in the future. INSTRUCTIONS: If you are unable, or do not wish to submit a Proposal on this Request for Proposals, please complete the following portions of this form. State your reason for not submitting a Proposal by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Request for Proposals documents. 1. We do not offer this service. Other reasons or additional comments. 2. We do not offer services to these requirements. 3. Unable to offer services competitively. 4. Cannot handle due to present commitments. 5. Quantity/project too large. 6. Cannot meet delivery/completion requirements. 7. Licensing restrictions. Do you wish to participate in Request for Proposals for services in the future? YES ____ NO ____

For City’s use only - Do not write in this space. Company Name:

Address:

Signature of Company Representative:

Position:

Date: Tel. No.: Fax No.:

Send by email: [email protected]

FORM 2

NOTICE OF “NO SUBMISSION”

RFP # : 9117-18-7247 MR

CLOSING DATE: January 7, 2019

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RFP 9117-18-7247 Preliminary and Detailed Design Consulting Services

v.2018.07.20 1

THIS AGREEMENT made in quadruplicate this ______ day of _____________, 20__ BETWEEN:

CITY OF TORONTO (the “City”)

Of The First Part - and -

[ENTER Consultant’s Full Legal Name]

(the “Consultant”) Of The Second Part

[NOTE to writer: Do not change any of the clauses or legal language. Only fill in blanks/highlighted areas, and choose / delete only clauses with instructions in red. ] WHEREAS the City issued the RFP in connection with obtaining professional consulting services for [enter the project name / title] (herein referred to as the "Project"), and the Consultant submitted a Proposal in response to the RFP; and

INSERT 1 of the following clauses:

[All Services Combined in Single Contract clause]

WHEREAS the Consultant has agreed to perform Services in connection with the Project, in accordance with the terms and conditions set forth in this Agreement; and

OR

[Preliminary and Detailed Design Services Contract clause]

WHEREAS the Consultant has agreed to perform, pursuant to this Agreement, Services in connection with preliminary design and detailed design for the Project in accordance with the terms and conditions set forth in this Agreement; and further, pursuant to two separate agreements (which may include a purchase order in the case of post-construction services), services during construction (including site supervision services, testing and commissioning) and post-construction services, with respect to the Project as set forth in those respective agreements; and

OR

[Construction Services Contract clause]

WHEREAS the Consultant has agreed to perform, pursuant to this Agreement, Services during construction including site supervision services, testing and commissioning for the Project in accordance with the terms and conditions set forth in this Agreement; and further, pursuant to two separate agreements (which may include a purchase order in the case of post-construction services), preliminary design and detailed design services and post-construction services, with respect to the Project as set forth in those respective agreements; and

INSERT 1 of the following clauses: [Approval Clause - by GM] WHEREAS the Consultant was selected in accordance with the provisions of Municipal Code Chapters 71 and 195 to provide the Services in connection with the Project in accordance with all the terms and conditions of the RFP and the Proposal at a total cost not in excess of $[ENTER AMOUNT] inclusive of contingency and applicable taxes, being within the delegated authority and financial authority of the Division Head;

OR [Approval Clause - by Bid Committee]

WHEREAS at its meeting held on [ENTER DATE], the Bid Award Panel adopted the recommendations in the Staff Report from the Director of Purchasing and Materials Management dated [ENTER DATE], and authorized the retention of the Consultant to provide the Services in connection with the Project;

OR

[Approval Clause - by Council]

WHEREAS at its meeting held on [ENTER DATE], City Council adopted Item No. __ of Report No. ___ of the [ENTER appropriate committee name] Committee, thereby authorizing the retention of the Consultant to provide the Services in connection with the Project;

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RFP 9117-18-7247 Preliminary and Detailed Design Consulting Services

v.2018.07.20 2

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows:

1. INTERPRETATION

(1) The Interpretation provisions of and definitions contained in the RFP are incorporated into and form part of this Agreement.

(2) Definitions

In addition to the foregoing, the following terms shall have the meanings as specified in this section unless the context otherwise specifies or requires:

(a) “Additional Services” are those services which are not contemplated or provided for in the scope of Services set out in the RFP and which are expressly authorized by the Division Head in writing and in advance in accordance with this Agreement.

(b) “Addendum” and “Addenda” means a written addendum or written addenda issued by the City which modify the RFP and include(s) the following:

[INSERT “None.” where no Addenda and DELETE box below]

Addendum No. 1 dated [ENTER DATE] Addendum No. 2 dated [ENTER DATE] Addendum No. 3 dated [ENTER DATE]

(c) “Business Day” means any day other than a Saturday, Sunday or a statutory or civic holiday in the Province of Ontario.

(d) “Claims” or “Claim” means any damages, losses, costs, demands, claims, actions, causes of action, suits, proceedings, executions, liens or otherwise for, without limitation, compensation, liabilities, damages or loss of any kind and any nature whatsoever and howsoever caused including property damage or loss, bodily injury or death, loss of reputation, loss of opportunity, economic loss, royalties, judgments, fines, penalties, interest, charges, expenses and costs (including legal costs on a substantial indemnity basis).

(e) “City” means the City of Toronto and where an authority or discretion is conferred upon the City under this Agreement, means the appropriate official or representative of the City as designated or appointed under its governing by-laws, resolutions or policies from time to time or under this Agreement.

(f) “Clarification Letter(s)” means a written document issued by the Consultant clarifying its Proposal.

The Consultant's Proposal has been clarified by the following letter(s) of the Consultant:

Letter(s) of the Consultant dated [ENTER DATE] (the “Clarification Letter(s)”).

Each reference in this Agreement to the Consultant’s Proposal (or individually to the Consultant’s Technical Proposal or Cost of Services Proposal) shall be taken as a reference to the respective Proposal as modified by the foregoing Clarification Letter(s).

[INSERT “There has been no clarification made of the Consultant’s Proposal.” where no Clarification Letters

and DELETE box above]

(g) “Confidential Information” means, with respect to the City, all documents, information and material which are identified by the City to the Consultant as confidential or containing confidential information; or which ought by their nature to be considered as confidential or as containing confidential information of the City, which the Consultant and/or its subcontractors receive or are exposed to by reason of this Agreement or performing the Services including: (i) any personal information; (ii) any software code and associated documentation owned or licensed by the City; and (iii) any administrative, commercial, financial, proprietary, technical, commercial labour

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relations, statistical or regulatory information of the City, or of any third party which may be contained in records of the City and was supplied in confidence to the City and identified as such to the Consultant. Notwithstanding the foregoing, Confidential Information shall not include any document, information or material that is or becomes publicly available through no act or failure of the Consultant from a source other than the Consultant prior to receipt from the City; or becomes independently available to the Consultant as a matter of right.

(h) "Conflict of Interest” means, in relation to the performance of its obligations under this Agreement, the Consultant’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 obligations under this Agreement.

(i) “Construction Lien Act” means the Construction Lien Act, R.S.O. c. C.30 and regulations thereunder, as amended from time to time.

(j) “Division Head” means the [General Manager, Toronto Water][Chief Engineer and Executive Director of Engineering and Construction Services] [ENTER appropriate Division Head for Project] and includes such person’s designate.

(k) “including” means “including but not limited to”.

(l) “Indemnitees” means the City, its elected officials, officers, directors, employees, agents, representatives, successors and assigns.

(m) “Optional Item” means an item which has not been set out in the scope of work of the RFP but has been proposed by the Consultant in its Proposal as an enhancement or additional service which may benefit the Project.

(n) “Personnel” means the Consultant’s personnel and includes: (i) the Consultant’s officers, directors, partners, employees, agents and subcontractors; (ii) any person employed or engaged by or under the control of the Consultant or its

subcontractors to perform or supply any part of the Services including goods related thereto; and

(iii) any other person for whom the Consultant is responsible at law.

(o) “Project” means [ENTER brief Project description].

(p) “Proposal” means the Consultant’s Technical Proposal dated [ENTER DATE] and Cost of Services Proposal dated [ENTER DATE], including all appendices, exhibits and attachments thereto, submitted in response to the RFP (individually the “Technical Proposal” and the “Cost of Services Proposal”, respectively). Each reference to the Proposal in this Agreement shall be taken as a reference to the Proposal as modified by the Clarification Letter(s), if any.

(q) “Provisional Item” means a Service identified in Schedule A which shall only be undertaken by the Consultant at the request and upon the prior written authorization of the Division Head.

(r) “RFP” means the Request for Proposal No. [ENTER RFP # ], issued by the City on [ENTER DATE], in connection with obtaining professional consulting services for the Project. Each reference to the RFP in this Agreement shall be taken as a reference to the RFP as modified by the Addenda, if any.

(s) “Services” means those services, and goods related thereto, and obligations detailed in this Agreement, including Schedule A, to be provided and undertaken by the Consultant for the City and shall include Provisional Items and Additional Services, unless the context requires otherwise, authorized by the Division Head in accordance with this Agreement.

(t) “Working Day” shall have the same meaning as set out or described in the RFP and, where there is no meaning or description of Working Day set out in the RFP, it shall have the same meaning as Business Day.

(3) Interpretation

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(a) For the purposes of this Agreement, any reference to a “subcontractor” of the Consultant shall include a sub-consultant of the Consultant.

(b) Any reference to the Division Head or other officer or representative of the City shall be construed to mean the person holding that office from time to time, and the designate or deputy of that person, and shall be deemed to include a reference to any person holding a successor office or the designate or deputy of that person.

(c) Without restricting or limiting the rights and privileges of the City to any broader interpretation, any breach or default of or in respect of a term, covenant, warranty, condition or provision of the Agreement, or a liability caused, by any of the Consultant’s Personnel shall constitute a breach or default or liability caused by the Consultant.

(d) A reference to any Act, bylaw, rule, policy or regulation or to a provision thereof shall be deemed to include a reference to any Act, bylaw, rule, policy or regulation or provision enacted in substitution thereof or amendment thereof.

(e) This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third parties, and no third party shall have any right of action arising in any way under this Agreement for any cause whatsoever.

(f) Any services, goods or incidentals not explicitly specified in this Agreement but which are necessary to conform to professional or safety standards or codes governing such Services, or which may be fairly implied as “included”, shall be done or supplied by the Consultant as if such services, goods or incidentals had been explicitly specified.

(g) Any words and abbreviations, which have well-known professional, technical or trade meanings, are used in this Agreement in accordance with such recognized meanings, unless expressly provided otherwise.

(h) All amounts are expressed in Canadian dollars and are to be payable in Canadian dollars and all references to time shall be deemed to be references to current time in the City.

(4) Priority of Documents

In the event of any conflict or disagreement between the various documents or any omissions contained in the documents making up this Agreement, the documents shall govern in the following order of precedence:

(a) A written amendment to this Agreement in accordance with the terms hereof, the amendment bearing the later date having priority (if any);

(b) This Agreement including Schedules “A” and “B”;

(c) Addenda, the addendum bearing the later date having priority (if any);

(d) RFP;

(e) Statutory Declaration by the Consultant (Schedule “SD-Final”);

(f) Clarification Letter(s) of the Consultant (if any), the Clarification Letter bearing the later date having priority; and

(g) Consultant’s Proposal (including the Technical Proposal and Cost of Services Proposal).

The foregoing documents are incorporated into and form part of this Agreement, even if said documents are not physically attached hereto. The Consultant acknowledges receipt of all such documents.

2. PERFORMANCE

(1) The Consultant agrees and covenants, and represents and warrants, to the City and acknowledges that the City is relying on such representations, warranties and covenants in entering into this Agreement, as follows:

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(a) to supply and perform the Services, more particularly set forth in Schedule "A" attached hereto, and undertake, perform and complete its undertakings and obligations provided for in this Agreement to the satisfaction of the Division Head in accordance with all the terms and conditions of this Agreement;

(b) to supply and provide, at its sole cost, save as otherwise expressly provided in this Agreement, all necessary equipment, goods, materials, analysis, transportation, accommodation, labour, personnel, technical assistance and incidentals required in performing or supplying the Services, and all overhead expenses in connection therewith;

(c) to supply, perform and provide the Services in a careful, professional, skilful, diligent, timely and workmanlike manner according to the industry standards of practice, care, skill and diligence to be expected of professionals and contractors in the performance of services similar to those called for under this Agreement including the use of materials and methods as are properly suited to the function and performance intended;

(d) to make available and employ for the purposes of this Agreement only such persons as are professionally qualified, careful, skilled and experienced in the duties required of them to perform the Services properly and in a competent and professional manner and ensure that every such person is properly and thoroughly trained and instructed;

(e) to ensure that its Personnel, when using any buildings, premises, equipment, hardware or software owned, leased or licensed by the City shall comply with all security policies, regulations or directives relating to those buildings, premises, equipment, hardware or software of which the Consultant has received oral or written notice;

(f) to use, in the performance of the Services, those Personnel specifically named in its Proposal and to not add to or substitute any such Personnel or engage any other subcontractor without the prior written approval of the Division Head. The City reserves the right to require the Consultant to immediately replace any of its Personnel supplying or performing the Services, upon written notice by the Division Head, where such person in the reasonable opinion of the Division Head has performed unsatisfactorily or breached an obligation of the Consultant under this Agreement or has otherwise acted improperly. The City shall not pay any fee or compensation whatsoever in respect of the time required by the replacement for any such Personnel to gain familiarity with the Project.

(g) to be solely responsible for the payment of all its Personnel employed or engaged for the purpose of assisting in or undertaking any of its obligations under this Agreement;

(h) to adhere to the Project time schedule and any amendments thereto approved in writing by the Division Head; and

(i) to comply with and conform to all statutes, laws, by-laws, regulations, requirements, ordinances, notices, rulings, orders, directives and policies (including the City policies referenced in the RFP) of the municipal, provincial and federal governments and any other lawful authority and all court orders, judgments and declarations of a court of competent jurisdiction (collectively referred to as the “Laws”), applicable to the Services to be provided by, and the undertakings and obligations of, the Consultant under this Agreement.

(2) The Consultant represents and warrants that its Personnel and, where applicable, the respective workforce of each are fully qualified to perform the Services and the obligations under this Agreement and hold all requisite licences, rights and other authorizations required by any Laws with respect thereto and all powers, capacities and authorities under its governing legislation. Where required by any Laws, the Personnel shall be duly licensed in performing the Services to the satisfaction of the Division Head.

(3) The Consultant shall ensure that all its Personnel comply with the terms of this Agreement and, in particular without limiting the foregoing, the responsibilities of the Consultant with respect to matters concerning safety, compliance with all Laws and the conduct of the Services.

(4) The Consultant shall co-ordinate the services of all its Personnel in a manner acceptable to the Division Head. The Consultant shall ensure that its Personnel at all times work in a professional, co-operative

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and collegial manner with City staff and the City’s other consultants. It shall be the Consultant's responsibility to control and check the Services of all of its Personnel and to ascertain that all Services are performed in accordance with this Agreement.

(5) The Consultant, in providing the Services, shall and is deemed to be an independent contractor and not the agent or employee of the City.

(6) No subcontracting of any part of the Services or this Agreement by the Consultant shall relieve the Consultant of any responsibility for the full performance of all of its obligations under this Agreement. Notwithstanding the approval of any of its Personnel by the City, the Consultant shall be fully responsible for every such Personnel’s activities, works, Services and acts or omissions. Without limiting the generality of any other provision of this Agreement, the Consultant shall be solely responsible and liable to the City for all its costs, losses or damages arising from errors or omissions or non-compliance with this Agreement of or by the Consultant’s Personnel or any of them. The Consultant’s responsibility and liability as set out in this Agreement shall survive the termination or expiry of this Agreement.

3. PAYMENT

(1) The City will pay the Consultant for the Services performed by the Consultant pursuant to this Agreement, in the amounts and manner, and at the times, set forth in Schedule "B" Fees and Expenses hereto attached.

(2) The Consultant shall, even if the rate of payment set forth in Schedule "B" hereto attached is based on an hourly, daily or other time-based rate, perform all of the Services notwithstanding that the value of the time spent by the Consultant in performance thereof exceeds the maximum amount specified in the Schedule, on the basis that neither such rate nor any provision of this Agreement shall relieve the Consultant from performing all the Services or all its undertakings and obligations under this Agreement.

(3) The Consultant agrees to keep and maintain accurate and complete records and accounts related to any costs payable by the City under this Agreement. All such records, including timesheets, correspondence, receipts and memoranda pertaining to the Services shall be available for inspection by any authorized employee or agent of the City at all reasonable times for the purpose of auditing the Consultant's costs and the Consultant shall provide every reasonable assistance for that purpose. Such records shall be kept for a period of 12 months after completion of all of the Consultant’s services in respect to the Project or termination of this Agreement, whichever occurs last.

(4) At the request of the Division Head, the Consultant shall submit to the City, when claiming reimbursement of expenses, except where the RFP does not require disbursements to be itemized and claimed on an individual basis, detailed expense sheets, copies of receipts, and/or per diem documentation, invoices, vehicle travel records and all such documents and materials in respect of such expenses.

(5) Upon completion of all Services pursuant to this Agreement, the Consultant shall submit to the Division Head a statutory declaration attached as Schedule SD-FINAL (Final Payment) to this Agreement, completed by a senior professional engineer (or, where professional engineering services are not performed, a senior professional regulated by a professional body in respect to the Services performed), who is a fully authorized representative of the Consultant, detailing the Services, or part thereof, for which payment is being claimed, itemizing all disbursements claimed at the time of such submission and certifying that such Services have been performed and disbursements claimed in accordance with the provisions of this Agreement. The details of the performance of the Services, or part thereof, to be contained in the statutory declaration shall be satisfactory to the Division Head.

(6) At the time of submission of the final statement or within a reasonable time thereafter, the Consultant shall submit to the Division Head the certificate of an auditor duly licensed under the Public Accounting Act, 2004, S.O. 2004 c.8 to the effect that in his/her opinion the charges set forth in such final statement (exclusive of any Services to be paid on a fixed fee basis) are properly chargeable under this Agreement. Audit reports must be in the format prescribed by The Canadian Institute of Chartered Accountants (CICA). Reports which are not in accordance with current CICA guidelines will not be accepted. The City reserves the right to conduct an audit of the records of the Consultant at the option of the Division Head.

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In the event that the Services are scheduled to extend or, while not scheduled to do so, do extend beyond a period of two years, audit reports satisfactory to the Division Head shall be required at the end of the second year of Services and on the last day in each subsequent year in which Services are performed; provided, however, that in the final year of Services, the audit report shall be provided within 60 days of the last day of performance of the Services.

4. CONSTRUCTION ACT

(1) For the purposes of this section, “supply of services”, “improvement” and “holdback” shall have the same meaning, respectively, as defined by the Construction Act R.S.O. 1990, c. C.30.

(2) Where any part of the Services constitutes a supply of services upon or in respect to an improvement, the City shall retain a holdback as required by the Construction Act from each sum otherwise payable to the Consultant under this Agreement with respect to those Services. The holdback shall be retained, held and released by the City in accordance with the Construction Act. Unless otherwise specified in the RFP or this Agreement, no letter of credit or demand-worded holdback repayment bond will be accepted by the City for the purposes of the Construction Act

5. RIGHT OF OWNERSHIP/CONFIDENTIAL INFORMATION

(1) Any item, including tangible and intangible property, created, prepared or purchased by the Consultant or any person on its behalf in connection with the Services or this Agreement and charged to the City’s account, including all original written materials, programs, card decks, tapes, disks, listings, books, reports, drawings, maps plans, and all other documents, items, materials and information,

(a) is and shall be deemed and shall remain the sole and absolute property of the City, including all copyright therein and rights of use and reproduction, without the payment of any additional compensation by the City to the Consultant; and

(b) shall be delivered to the Division Head upon completion of the Services or other termination of this Agreement, whichever occurs first, or as otherwise directed by the Division Head.

(2) All proprietary rights in, connected with or arising out of, the ideas, concepts, know-how, techniques, computer data or programming developed by the Consultant or the Consultant’s Personnel, or by the Consultant or the Consultant’s Personnel and the City and its personnel jointly, during the course of this Agreement relating to the Services provided under this Agreement shall be the sole and absolute property of the City and shall be treated as trade secrets to which the City alone is entitled, with the concomitant duty of confidentiality and non-disclosure. The Consultant shall obtain all necessary assignments of copyright and waivers of moral rights in all Services and related goods to be delivered to the City in accordance with this Agreement and shall provide satisfactory proof thereof to the Division Head upon request.

(3) The Consultant acknowledges that any item, document or other matter which is the property of the City, or in which the City has proprietary rights, pursuant to subsections (1), (2) and (3) of this section and the information contained therein are the property of the City having been developed in confidence for the City for its own and sole use.

(4) Any documents, data or other information obtained from the City or prepared by the Consultant for the City shall be disclosed only to those of the Consultant's employees, agents or subcontractors who have a "need to know" for purposes of assisting the Consultant in the performance of the Services.

(5) The Consultant shall not use, disclose, disseminate or reproduce or in any way making known to third parties or to the public any Confidential Information of the City communicated to or acquired by the Consultant in the course of carrying out the Services, except:

(a) as may be strictly required for the purposes of carrying out the Services, or

(b) as expressly permitted in advance by the City in writing, or

(c) as may be required by law to be disclosed pursuant to a court or tribunal order or other legal compulsion and, if so compelled, the Consultant shall only furnish the portion of the City Confidential

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Information that it is legally required to furnish. Where the Consultant is required by law to disclose any such documents, data or information, the Consultant shall promptly notify the Division Head upon such legal requirement being imposed to permit the City an opportunity to seek an order or other remedy to prohibit or restrict such disclosure.

(6) The Consultant shall deliver to the Division Head, upon completion of the Services, any computer data or program used by the Consultant in performing the Services and paid for by the City, subject to any third party proprietary rights with respect to any computer data or program used by the Consultant but which was developed by a third party with resources unrelated to this Agreement which may be purchased or licensed directly by the City, at the City’s option.

(7) The Consultant shall return forthwith and without demand all Confidential Information of the City as may be in documentary form or recorded electronically or otherwise upon the termination of its Services.

(8) Any reports or other documentation delivered to the City by the Consultant shall become the property of the City and may be subject to disclosure under the terms of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 (the “MFIPPA”). While the City is not responsible for the interpretation of any of the provisions of MFIPPA, if the Consultant believes that any part of the reports or other documentation delivered to the City reveals any trade secret, intellectual property right or any scientific, technical, commercial, financial or other similar information belonging to the Consultant and the Consultant wishes the City to attempt to preserve the confidentiality of the trade secret, intellectual property right or information, the trade secret, intellectual property right or information must be clearly and specifically designated as confidential.

6. INSURANCE [Note: Specimen Certificate & Policy Coverages to be set out in RFP]

(1) The Consultant agrees to purchase and maintain in force, at its own expense, the policies of insurance and coverages set out in the RFP for the duration of this Agreement, except in the case of professional liability (errors and omissions) insurance which shall be maintained for a period ending no sooner than two (2) years after the termination of this Agreement or the completion of the Project, whichever occurs last. Such insurance shall be in accordance with the requirements of the RFP and be provided by an insurer licensed to carry on the business of an insurer in Ontario and acceptable to the City. The Consultant shall provide the City with certificates of insurance as proof of such coverage, in a form acceptable to the City in accordance with the RFP, originally signed by the insurer or its authorized agent and delivered to the City prior to the execution of this Agreement and the commencement of the Consultant’s Services.

(2) Prior to the execution of this Agreement and the commencement of the Consultant’s Services, the Consultant shall also provide the City with proof of professional liability insurance maintained by any subcontractor engaged by the Consultant in relation to the Services, where such subcontractor is under a professional obligation to maintain the same, in a form and with an insurer acceptable to the City.

(3) The City reserves the right to require the Consultant to purchase additional insurance coverage or alter existing insurance coverage as the City’s Manager of Insurance & Risk Management may reasonably require. The City agrees to pay the reasonable incremental cost to the Consultant of such additional insurance or any increase in existing coverages, where applicable. Provided, however, the City’s obligation to pay any incremental cost shall not include any costs attributable to risk factors unrelated to the increase of coverage requested by the City, including the Consultant’s claims history, or any costs that exceed generally available market prices for such coverages available to consultants providing like services. The Consultant shall obtain the prices for such coverage changes and provide same to the City.

(4) Any premiums due on any insurance policy under this section but not paid by the Consultant may be paid directly to the insurer(s) or broker(s) by the City, which shall be entitled to deduct the amount of same along with its reasonable costs in so doing from any monies otherwise due to the Consultant by the City either under this Agreement or otherwise.

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(5) To ensure there is no gap in coverage, the Consultant shall provide original signed Certificates evidencing renewals or replacements to the City prior to the expiration date of the original policies, without notice or request by the City.

(6) The Consultant agrees that insurance policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne by the Consultant. The certificates of insurance must include details of the insurance coverage, exclusions, deductibles and any conditions of coverage.

(7) The Consultant shall bear all costs, expenses, losses and damages of its own and those of the City which may arise as a result of the Consultant failing to or delaying in promptly complying with this section.

7. WORKPLACE SAFETY AND INSURANCE ACT

The Consultant shall be in good standing with the Workplace Safety and Insurance Board (“WSIB”) throughout the term of this agreement. If requested by the Division Head or his/her designate, the Consultant shall produce certificates issued by the WSIB to the effect that they have paid in full their assessment based on a true statement of the amount of payrolls. If the Consultant is considered by WSIB to be an independent operator without coverage, the Consultant shall provide a letter to that effect from the WSIB.

8. INDEMNITIES

(1) The Consultant shall indemnify and save harmless the Indemnitees from and against any and all Claims resulting from:

(a) any breach, violation or non-performance by or on behalf of the Consultant of any covenant, obligation or agreement of the Consultant contained in this Agreement, including any express or implied warranty;

(b) any negligent acts, errors or omissions or wilful misconduct by or on behalf of the Consultant relating to the Services to be provided under this Agreement;

(c) any acts performed by or on behalf of the Consultant beyond the authority of the Consultant hereby conferred, whether negligent or otherwise;

(d) any inaccuracy in or breach of any of the representations or warranties of the Consultant contained in this Agreement;

(e) any preserved or perfected lien under the Construction Act filed or made on account of the Services performed under this Agreement, provided that such liens are not the direct result of the default in payment by the City to the Consultant of amounts properly due under this Agreement. The Consultant shall cause any such lien or claim which may be filed or made to be released, vacated or otherwise discharged within 5 days of obtaining notice of the lien or claim or from receipt by the Consultant of written notice from the City. If the Consultant fails to release, vacate or discharge any such lien or claim, then the City may, but is not obligated to, obtain a discharge or release of the lien or claim or otherwise deal with the lien or claim, and the Consultant shall pay all reasonable costs and expenses, including reasonable legal fees, incurred by the City in so doing;

(f) any infringement or alleged infringement of any patent, trade secret, service mark, trade name, copyright, official mark, moral right, trademark, industrial design or other proprietary rights conferred by contract, common law, statute or otherwise in respect to the Services or any matter provided to the City or performed by the Consultant, or anyone else for whom at law it is responsible.

(2) The Consultant shall pay all reasonable costs, expenses and legal fees that may be incurred or paid by the Indemnitees in connection with any Claim with respect to a matter for which the Consultant is obligated to indemnify the Indemnitees pursuant to this section, provided that the indemnity obligations of the Consultant under this section shall not extend to loss or damage attributable to the negligence or wilful misconduct of any Indemnitee to the extent that such Indemnitee’s negligence or wilful misconduct caused the loss or damage.

(3) In the event any Claim is asserted in respect to which an Indemnitee is entitled to indemnification under this section, and without prejudice to any other right or remedy the City may have, the City shall be entitled

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to deduct or withhold a reasonable sum on account of such Claim, including reasonable legal costs, from monies owed or payable by the City to the Consultant under this Agreement pending the final determination or settlement of any such Claim. In the event (i) the Consultant is, becomes, or is deemed to be bankrupt or an insolvent person pursuant to the Bankruptcy and Insolvency Act (Canada); (ii) the Consultant makes a general assignment for the benefit of creditors; or (iii) a receiver or interim-receiver is appointed with respect to some or all of the Consultant’s business, assets, or property, then the City shall be entitled, without prejudice to any other right or remedy the City may have, to further deduct or withhold a reasonable sum on account of such Claim, including reasonable legal costs, from any monies owed or payable by the City to the Consultant under the Project or any other agreement or account. The provisions of this subsection shall not apply in the event that such Claim is otherwise fully provided for under any insurance provided by the Consultant to or for the benefit of the City.

(4) This section shall survive the expiration or earlier termination of this Agreement.

9. DEFAULT & TERMINATION

(1) The following shall constitute, without limitation, Acts or Events of Default (“Default”) by the Consultant:

(a) where the Consultant fails or neglects to commence the Services within ten (10) Working Days of a formal direction by the Division Head to commence;

(b) where the Consultant fails or neglects to proceed, once commenced, with the provision of Services diligently and at a rate of progress that, in the reasonable opinion of the Division Head, will ensure entire completion of the Services within the time provided for in the Agreement or where the City reasonably determines that the Consultant has abandoned its duties with respect to this Agreement;

(c) where the Consultant fails or neglects to complete the Services within the time limit(s) under this Agreement;

(d) where the Consultant has made any material misrepresentation in respect to this Agreement or any part thereof;

(e) where the Consultant fails to comply with and maintain in good standing any insurance policies and coverages, securities, professional certificates, permits, licences or approvals required by this Agreement or commits any acts or omissions that, in the opinion of the Division Head, jeopardizes or may jeopardize these policies, securities, certificates, permits, licences or approvals;

(f) where the Consultant fails or refuses to correct, rectify or remedy any unsatisfactory or defective Services, when so ordered by the City in writing, or fails to prosecute the Services with the required skill and diligence;

(g) where the Consultant fails to comply with any Law applicable to the Services;

(h) where the Consultant subcontracts the whole or any part of this Agreement or the Services or makes an assignment of this Agreement or the Services thereunder or any part thereof, without the prior written consent of the City;

(i) where a lien arises with respect to the Services undertaken by the Consultant under the Agreement and remains unpaid by the Consultant after demand to pay therefore, unless vacated or discharged and released by payment into a court of competent jurisdiction or otherwise, within Five (5) Working Days of such demand, save and except a valid and proper lien of the Consultant registered against the property affected by the Agreement;

(j) where any of the goods, chattels or effects of the Consultant shall at any time during the Term be seized or taken in execution of attachment; or if a writ of execution shall be issued against the goods, chattels or effects of the Consultant; or if the Consultant shall make any assignment for the benefit of creditors; or if the Consultant shall be adjudged bankrupt or insolvent, commit any act of bankruptcy or insolvency or make any proposal under or take advantage of any of the provisions of any act or statutes whatsoever that may be in force regarding bankrupt or insolvent debtors or debtors who are not able to or do not pay their debts promptly and in full; or if a receiving order or winding up order shall be made against or in respect of the Consultant; or if any actions or proceedings shall be taken to wind up, dissolve or liquidate the Consultant or its assets by, against or in respect of the Consultant; or where a resolution is passed or any other act undertaken for the winding up of the Consultant; or a receiver, manager or trustee is appointed in respect of the

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business or assets of the Consultant, or any part of thereof, by a court of competent jurisdiction, or under an agreement;

(k) where the Consultant ceases or threatens to cease to carry on its business, or where the Consultant makes or agrees to make a bulk sale of its assets; or defaults in payment of any indebtedness or liability to a chartered bank or other lending institution, whether secured or not; and

(l) where the Consultant fails to comply with or observe or perform, or breaches or violates, any material provision, term, covenant, warranty, condition and/or obligation of the Agreement.

(2) In the event that the Consultant has committed a Default or a Default has occurred, the Division Head may provide written notice (“Default Notice”) to the Consultant to the effect that if the Consultant does not completely remedy the Default to the satisfaction of the Division Head within Five (5) Working Days of delivery of the Default Notice or otherwise expressly granted in writing by the Division Head in his or her absolute discretion, then the Division Head may, in his/her sole discretion, on the behalf of the City: (a) suspend the performance of the Agreement by the Consultant and either perform the Services on

a temporary basis itself or engage another consultant to perform the Services on a temporary basis; (b) terminate the Agreement and/or the Services of the Consultant immediately by giving notice to that

effect to the Consultant; (c) cease all payments to the Consultant, save for the payment of those Services, if any, that have

been furnished by the Consultant to the satisfaction of the Division Head up to the time of such termination and that have not yet been paid by the City (the Consultant shall have no claim of any kind otherwise against the City), subject to any rights or remedies the City may have against the Consultant;

(d) enforce any performance security provided by the Consultant or deduct or set-off from funds retained under such performance security or otherwise held, but such enforcement shall not preclude the City from recovering any further amounts or damages incurred by the City as a result of the Default by the Consultant;

(e) engage another consultant to complete the Project or may itself complete the Project, without further liability to the Consultant,

(f) where the City performs or engages another consultant to perform the Services, either on a temporary basis or otherwise, the City may employ such means as the Division Head may deem necessary or advisable to complete the Services to his/her satisfaction with such changes therein as in the Division Head's opinion are necessary or advisable by reason of the Consultant's Default,

or any combination of the foregoing.

(3) Notwithstanding subsection (2) of this section and without prejudice to or foregoing any other right, privilege or remedy of the City, in the event that any emergency services are necessitated as a result of the Default of the Consultant, such services may be undertaken immediately, without notice, by the City and all reasonable costs incurred by the City arising from such emergency or as a result of such emergency services shall be borne by the Consultant and payable forthwith upon written demand by the City, with particulars of the emergency and services necessitated thereby, and the City shall have no liability to the Consultant for any loss or damage or compensation whatsoever resulting from such action by the City.

(4) In addition to the rights and remedies in subsection (2) and (3) of this section, if the City terminates the Consultant’s Services in whole or part, as a result of a Default by the Consultant, the City may but is not obliged to: (a) take possession of and utilize any items, goods, material and equipment of the Consultant devoted

to that part of the Services terminated, within the Project site, which is intended to be utilized in the Services, subject to the secured rights of third parties;

(b) withhold further payments to the Consultant with respect to the Services or the portion of the Services withdrawn from the Consultant until the Services or portion thereof withdrawn are completed to the satisfaction of the Division Head;

(c) charge the Consultant the additional cost over the Consultant’s Proposal price for completing the Services or portion thereof withdrawn from the Consultant;

(d) charge the Consultant a reasonable allowance, as determined by the Division Head, to cover correction to the Services performed by the Consultant that may be required;

(e) charge the Consultant for any costs and damages the City may have sustained as a result of the Default; and

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(f) charge the Consultant the amount by which the cost of corrections to the Services exceeds the allowance provided for such corrections,

or any combination of the foregoing.

(5) The Consultant's obligation under this Agreement as to quality, correction and warranty of the Services, performed prior to the time of termination of this Agreement or termination of the Consultant's right to continue with the Services in whole or in part, shall continue to be in force after such termination.

(6) In addition to the foregoing rights of the City, the Division Head may, at his or her sole option and upon providing not less than ten (10) Working Days’ prior written notice to the Consultant, elect to suspend the Services for up to ninety (90) calendar days or discontinue the Services and terminate this Agreement for any reason. In such an event, the Consultant shall have no claim, including for any loss or damages, against the City except for payment for such of the Services as have been satisfactorily performed by the Consultant to the satisfaction of the Division Head to the date of notice of the suspension or discontinuance of Services, subject to any rights or remedies the City may have against the Consultant. The Consultant shall immediately suspend or discontinue the Services, as the case may be, on the date and to the extent specified in the notice and place no further orders for materials or services for the terminated portion of the Services. In the event of a discontinuance of Services, termination shall become effective on such date as shall be stated in the City's notice.

(7) The rights and remedies provided in this section given to the City are distinct, separate and cumulative, may be exercised at any time and from time to time independently or in combination, are in addition to all other legal, equitable or statutory rights, privileges and remedies to which the City is otherwise entitled, as well as any other rights and remedies stipulated in this Agreement, and the exercising or taking of any one right or remedy shall not preclude the exercising or taking of any other rights or remedies.

10. NON-WAIVER

No condoning, excusing or overlooking by the City or any of its representatives of any Default by the Consultant at any time or times in respect of any provision contained in this Agreement shall operate as a waiver of the City's rights under this Agreement in respect of any continuing or subsequent Default or so as to defeat or affect in any way the rights of the City under this Agreement in respect of any such continuing or subsequent Default. No waiver shall be inferred from or implied by anything done or omitted by the City or any of its representatives and no waiver of any rights of the City shall be effective unless expressly provided in writing by an authorized representative of the City.

11. SET-OFF

In addition to any other remedies the City may have under this Agreement, the City shall have the right to set-off, withhold, retain or deduct from amounts due or owing by the City to the Consultant under the Project an amount sufficient to cover any monetary Claims or other amount due or owing from time to time, or portions thereof, by the Consultant to the City, including any amount owing to the City pursuant to the Consultant’s indemnification of the City under this Agreement.

12. OCCUPATIONAL HEALTH & SAFETY (1) The Consultant shall comply with all federal, provincial or municipal occupational health and safety

legislative requirements, including, and without limitation, the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").

(2) Nothing in this section shall be construed as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Consultant for the Services, either instead of or jointly with the Consultant.

(3) The Consultant agrees that it will ensure that all subcontractors engaged by it are qualified to perform

the Services and that the employees of subcontractors are trained in the health and safety hazards expected to be encountered in the Services.

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(4) The Consultant acknowledges and represents that:

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

(b) The Consultant has provided, and will provide during the course of this agreement, all

necessary personal protective equipment for the protection of workers;

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

(d) The Consultant has in place an occupational health and safety policy in accordance with the

OHSA; and

(e) The Consultant has a process in place to ensure that health and safety issues are identified and addressed and a process in place for reporting work-related injuries and illnesses.

(5) The Consultant shall provide, at the request of the Division Head or his/her designate, the following

as proof of the representations made in subsections 4(a) and 4(d) of this section:

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

(b) the occupational health and safety policy.

(6) The Consultant shall immediately advise the Division Head or his/her designate in the event of any of

the following:

(a) A critical injury that arises out of Services that is the subject of this agreement; (b) An order(s) is issued to the Consultant by the Ministry of Labour arising out of the Services

that is the subject of this agreement; (c) A charge is laid or a conviction is entered arising out of the Services that is the subject of this

agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code, R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, as amended.

(7) The Consultant shall be responsible for any delay in the progress of the Services as a result of any

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

(8) The parties acknowledge and agree that employees of the City, including senior officers, have no authority to direct, and will not direct, how employees, workers or other persons employed or engaged by the Consultant do work or perform a task that is the subject of this agreement.

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(9) The Consultant:

(a) must, immediately upon the execution of this Agreement and prior to commencement of the Services, forward to the Division Head a copy of the Safety Data Sheets (the “SDS”) for each hazardous material (as defined in the OHSA) to be used in the performance of the Services;

(b) shall not bring onto the work site any hazardous material, as defined in the OHSA, without first obtaining the prior written authorization of the Division Head and maintaining at the Project site a copy of the relevant SDS readily accessible to all workers, Consultant’s Personnel and City personnel;

(c) shall not remove or interfere with any "designated substance" as defined by the OHSA, except in full compliance with the OHSA and after notifying the Division Head; and

(d) shall, following discovery that any designated substance has been removed or interfered with other than in compliance with subsection (c) of this section, forthwith report same to the Division Head and ensure that no further non-compliant removal or interference occurs.

13. SCHEDULES

The following Schedules attached to this Agreement shall constitute an integral part of this Agreement and all expressions defined in this Agreement shall have the same meanings in such Schedules, unless expressly provided otherwise in such Schedules:

Schedule "A": Professional Consulting Services Schedule "B": Fees and Expenses Schedule “SD-FINAL”: Statutory Declaration Schedule “C”: Consultant’s Cost of Services Proposal Schedule “D”: Clarification Letter(s) of the Consultant (if any)

The RFP, the Addenda (where applicable) and the Consultant’s Proposal are incorporated by reference into this Agreement as if they were set out in this Agreement in their entirety and form part of this Agreement, even if said documents are not physically attached hereto. The Consultant acknowledges receipt of such documents.

14. SUCCESSORS AND ASSIGNS

(1) This Agreement and all terms, covenants, conditions and provisions herein shall be binding upon and shall enure to the benefit of the City and the Consultant and their respective permitted assigns, successors and legal representatives.

(2) Except as expressly permitted in this Agreement, the Consultant shall not:

(a) assign, transfer or encumber in any manner or part this Agreement without the prior written consent of the City; or

(b) subcontract any Services under this Agreement or any part thereof to a third party or change any approved subcontractor without the prior written consent of the Division Head.

(3) No assignment or subcontracting shall, in any circumstances, relieve the Consultant of its responsibilities, obligations and liabilities under this Agreement.

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15. AGREEMENT IN WRITING

No verbal arrangement or agreement relating to the Services will be of any force or effect unless it is in writing and signed by duly authorized representative(s) of the City. The City shall not be bound by any oral communication or representation whatsoever, including but not limited to any instruction, amendment or clarification of this Agreement or any of the documents comprising this Agreement, or any representation, information, advice, inference or suggestion, from any person (including but not limited to an elected official, employee, agent, independent consultant or any other person acting on the behalf of or at the direction of the City or other representative of the City) concerning this Agreement, any of the documents comprising this Agreement, or any other matter concerning this Agreement. Where in this Agreement a reference is made to the express written agreement, approval or consent of the City or the Division Head, it shall be understood that the City or Division Head shall not be deemed or construed to have agreed to any stipulation, specification, exclusion, limitation or other term or condition that deviates from a provision set out in this Agreement, unless that deviation is expressly confirmed in a written and express amendment to this Agreement.

No officer, employee, representative or agent of the City is authorized to orally alter any portion of this Agreement. The City shall not be bound by any written representation whatsoever concerning this Agreement unless executed by the person designated and authorized in accordance with this Agreement or in accordance with a direction or authorization of City Council. The Consultant releases and waives all claims whatsoever in negligence, in equity or otherwise with respect to any oral or unauthorized representations or communications.

16. ENTIRE AGREEMENT

The documents comprising this Agreement are complementary and what is required by any part thereof shall be considered as being required by the whole. This Agreement, as may be amended from time to time by the written agreement of the parties in accordance with the terms herein, contains the entire agreement between the parties hereto with respect to the subject matters hereof. It is agreed that there is no representation, warranty, collateral contract or condition affecting this Agreement except as expressed in it. No amendment, modification or supplement to this Agreement shall be valid or binding unless set out in writing and executed by the parties hereto.

17. GOVERNING LAW This Agreement shall be governed by, subject to and construed in accordance with the laws of the Province of Ontario and the laws of Canada, as applicable to the matters herein. Any action or other legal proceeding arising under or with respect to this Agreement (including any motion or other interlocutory proceeding) shall be brought in a Court or a tribunal, whichever may be applicable, sitting in Toronto, Ontario. In the event that there is no applicable Court or tribunal sitting in Toronto, the proceeding shall be brought in the court (or other forum) of competent jurisdiction nearest to the City of Toronto within the Province of Ontario. The Consultant and the City each irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in accordance with the foregoing.

18. SURVIVAL

In addition to any obligations set forth in this Agreement that by their nature survive the completion of the Services or termination of this Agreement, those obligations set out in ss. 2(1)(g) and 2(6) [liability for and payment of Consultant’s Personnel], ss. 3(3) [retention of records], s. 5 [Rights of Ownership/Confidential Information], s. 6 [Insurance], ss. 7(2) [Workers’ Compensation Claims], s. 8 [Indemnities], s. 9 [Default/Termination], s. 11 [Set-Off], ss. 12(7) [OHSA indemnity], s. 14 [Successors and Assigns], s. 15 [Agreement in Writing] and s. 17 [Governing Law], s. 22 [Conflict of Interest] or otherwise expressly intended to survive shall continue to bind the Consultant notwithstanding the completion of all or part of the Services and payment therefore in accordance with this Agreement or the termination of this Agreement.

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19. SEVERANCE WHERE PROVISION ILLEGAL, ETC.

If any provision of this Agreement or the application thereof to any person or circumstances is found to be invalid, unenforceable or void by any court or tribunal of competent jurisdiction, such provision shall be deemed severable and all other provisions of this Agreement shall be deemed to be separate and independent therefrom and continue in full force and effect unless and until similarly found invalid, void or unenforceable. The remaining provisions of this Agreement and its application to any person or circumstances shall not be affected thereby, but this severance provision shall apply only insofar as the effect of that severance is not to change the fundamental nature of the obligations assumed respectively by the City and Consultant.

20. FURTHER ASSURANCES

The Consultant agrees that it will do all such acts and execute all such further documents, conveyances, deeds, assignments, transfers and the like, and will cause the doing of all such acts and the execution of all such further documents (including waivers of moral rights) as are within its power to cause the doing or execution of, as the City may from time to time reasonably request, in writing, and as may be necessary or desirable to give full effect to this Agreement.

21. NOTICES

Any demand or notice to be given pursuant to this Agreement shall be duly and properly made and given if made in writing and delivered to the party for whom it is intended at the address as set out below, either personally, by facsimile or by means of prepaid registered mail addressed to such party as follows:

(1) in the case of the City:

City of Toronto [ENTER Division Head] [ENTER Division Head’s Address] Attention: [ENTER contact person]

(2) in the case of the Consultant: [ENTER Consultant’s name and address] Attention: [ENTER contact person]

or to such other addresses as one party may from time to time notify the other party in writing, and any demand or notice so made or given shall be deemed to have been duly and properly given and received on the day on which it was personally delivered or, if delivered by facsimile, shall be deemed to be delivered as of the next Business Day following the date of transmission (provided a confirmation of transmission receipt is issued) or, if mailed, then, in the absence of any interruption in postal service in the City of Toronto affecting the delivery or handling thereof, on the day following three (3) full Business Days following the date of mailing.

22. CONFLICT OF INTEREST:

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

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(2) The Division Head shall have the right to decide in consultation with the City Solicitor whether such interest constitutes a Conflict of Interest such that the City shall have the right to terminate the services being provided by the Consultant pursuant to this Agreement.

(3) The absence of any disclosure of interest under this provision shall be treated as a representation and warranty by the Consultant that no such potential Conflict of Interest exists.

(4) The Consultant shall not hire any current or former officer or employee of the City to perform any services covered by this Agreement, unless approved by the City.

(5) This Article shall survive any termination or expiry of the Contract.

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IN WITNESS WHEREOF the City and the Consultant have hereunto affixed their respective corporate seals attested to by the hands of their proper officers in that behalf duly authorized.

SIGNED, SEALED AND DELIVERED ) CITY OF TORONTO ) in the presence of: ) ) ) ) ) City Clerk [delete where not required] ) (c/s) ) ) _____________________________ ) [ENTER - Division Head’s Title] ) )

) [enter Consultant’s Full Legal Name] ) ) ) ______________________________ ) Name: ) Title: ) (c/s) ) ) ______________________________ ) Name: ) Title: ) ) I/We have authority to bind the Corporation.

Approved As To Form

………………………………………… Confirmed by Division Head:

----------------- ----- Alternate Wording #1 -----

Authorized by Division Head pursuant to Municipal Code Chapters 71 and 195.

------ Alternate Wording # 2 ------

Authorized by Minute No. [ENTER #] of the Bid Award Panel on

the ______ day of ______________.

------ Alternate Wording # 3 ------

Authorized by name of standing Committee, Item No. [ENTER #], as adopted by City of Toronto Council on

the ______ day of ________________________.

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SCHEDULE “A” PROFESSIONAL CONSULTING SERVICES Subject to the provisions of this Agreement, the Consultant shall provide the Services more particularly described in this Schedule for the Project, ensuring that the project approach, staffing, organization, methodology and schedule are in accordance with the RFP and the Consultant's Proposal. Services:

[USE where Services all in one Agreement]

The Consultant shall provide and undertake the following Services for the Project:

[insert Brief Description of Services to be performed under this Agreement – See following examples:]

Preliminary Design and Detailed Design for the Project [DELETE if not applicable] Services during construction including office and site supervision services, testing and

commissioning [DELETE if not applicable] Post-Construction Services for the Project [DELETE if not applicable]

including those Services identified in:

Section 2 Appendices A.1-A.4, Appendix A.7 and Appendix A.8 , and Appendices A.11-A.14, of the RFP; and [INSERT applicable Appendices for the Services]

the Consultant’s Technical Proposal. For further clarity, Optional Items included in the Consultant’s Proposal shall not be included in the Services unless identified as a Provisional Item in this Schedule.

and, without limiting the foregoing, those related professional services and responsibilities otherwise detailed in the RFP and this Agreement in the nature of a general or specific responsibility of the Consultant related to the Project.

[USE for Preliminary and Detailed Design Services Agreement]

The Consultant shall provide and undertake the following Services for the Project:

Preliminary Design and Detailed Design for the Project

including those Services identified in:

Section 2, Appendices A.1-A.4, Appendix A.7 and Appendix A.8, and Appendices A.11-A.14 of the RFP; and [INSERT correct Section & Appendix references from RFP]

the Consultant’s Technical Proposal. For further clarity, Optional Items included in the Consultant’s Proposal shall not be included in the Services unless identified as a Provisional Item in this Schedule.

and, without limiting the foregoing, those related professional services and responsibilities otherwise detailed in the RFP and this Agreement in the nature of a general or specific responsibility of the Consultant related to the Project, save and except services during construction (including site supervision services, testing and commissioning) and post-construction service set out in sections 2.8, 2.9 and 2.10 and Appendix A.9 and Appendix A.10, of the RFP which are subject to two further separate agreements (which may include a purchase order for post-construction services). [INSERT correct Section & Appendix references from RFP]

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[USE for Services during Construction Agreement]

The Consultant shall provide and undertake the following Services for the Project:

Services during construction including site supervision services, testing and commissioning

including those Services identified in:

Section 2, Appendices A.1-A.4, Appendix A.9 and and Appendices A.11-A.14, of the RFP; and [INSERT correct Section & Appendix references from RFP]

the Consultant’s Technical Proposal. For further clarity, Optional Items included in the Consultant’s Proposal shall not be included in the Services unless identified as a Provisional Item in this Schedule.

and, without limiting the foregoing, those related professional services and responsibilities otherwise detailed in the RFP and this Agreement in the nature of a general or specific responsibility of the Consultant related to the Project, save and except preliminary design and detailed design services and post-construction services set out in sections 2.6, 2.7 and 2.10 and Appendix A.7 and Appendix A.8 of the RFP which are subject to two separate agreements (which may include a purchase order for post-construction services). [INSERT correct Section & Appendix

references from RFP]

[Provisional Items clause - DELETE where inapplicable]

Provisional Items:

In addition to the foregoing, the Consultant shall provide the following Provisional Items set out in the Consultant’s Proposal, if and when required by the Division Head:

[INSERT, as applicable]

[INSERT, as applicable]

[INSERT, as applicable]

Throughout the Project, the Consultant shall work collaboratively with the City staff. The Consultant shall ensure that sufficient time and resources are allocated to allow for City’s input into decision-making processes, that the City’s concerns are adequately addressed and that all Services are coordinated with the other active associated projects as required. The Consultant shall provide any Additional Services, if and as may be required by the City, upon the prior written authorization to proceed with such Additional Services from the Division Head. The fees and expenses for any such Additional Services are subject to the approval of the Division Head, in his/her sole discretion, and, if approved, shall be paid under the contingency allowance (where applicable) provided for in Schedule "B" - Fees and Expenses to this Agreement. VIEWIN

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SCHEDULE “B”

FEES AND EXPENSES

1. Notwithstanding anything to the contrary in this Agreement, the total fees and disbursements (including overhead and all taxes) for all Services to be provided by the Consultant under this Agreement, including any authorized Provisional Items and Additional Services, shall not exceed a maximum price of $000,000.00 (the “Maximum Agreement Price”).

2. The Consultant’s fees and disbursements are set out in its Cost of Services Proposal attached as Schedule C, as modified by any Clarification Letter(s).

[where the Services to be performed by the Consultant under this Agreement are not separately set out in the Consultant’s Cost of Services Proposal (i.e. separately for design/construction/post-construction) OR where CLARIFICATIONS have altered the amounts in the Consultant’s Cost of Services Proposal or Mathematical ERRORS need to be corrected INSERT revised Cost of Services table below and DELETE above sentence]

2. The Consultant’s fees and disbursements are comprised of the following:

Service Deliverables Cost A. BASE SERVICE DELIVERABLES :

[INSERT Type of Service – e.g. Preliminary Design] $000,000.00 [INSERT Type of Service – e.g. Detailed Design] $000,000.00 Disbursements $000,000.00

BASE DELIVERABLES SUB-TOTAL: $000,000.00

B. PROVISIONAL ITEMS: (WHERE APPLICABLE AND AUTHORIZED)

[INSERT Item] $000,000.00 [INSERT Item] $000,000.00 [INSERT Item] $000,000.00 PROVISIONAL ITEMS SUB-TOTAL: $000,000.00

C. CONTINGENCY ALLOWANCE FOR ADDITIONAL SERVICES: (WHERE APPLICABLE AND AUTHORIZED) $000,000.00 Maximum Agreement Price for Services (exclusive of GST) $000,000.00

GST @ 5% $00,000.00 Maximum Agreement Price for Services (inclusive of GST) $000,000.00

3. An amount of $000,000.00 (inclusive of all fees, disbursements and taxes) is reserved as an allowance

for Provisional Items, where authorized by the Division Head. [DELETE where not applicable] 4. An amount of $000,000.00 (inclusive of all fees, disbursements and taxes) is reserved as a contingency

allowance for Additional Services which may arise during the course of the Project, where authorized by the Division Head. [DELETE where not applicable]

5. The initial estimated cost of Service deliverables or tasks may be adjusted during the Agreement by

mutual agreement between the City and the Consultant, provided that the total cost of Services under this Agreement is not greater than the Maximum Agreement Price.

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6. Provisional Items and Additional Services shall only be provided on an “as and when requested” basis. The City shall not be responsible for the payment of any Provisional Item or Additional Services unless those services have been authorized and assigned to the Consultant by prior written approval of the Division Head. If and upon being authorized, the Consultant shall proceed forthwith to supply the Provisional Item(s) or Additional Service(s), as the case may be, in accordance with: (i) the provisions of this Agreement; (ii) the terms of such authorization; and (iii) in the case of Provisional Items, the price set out in the Consultant’s Proposal; or in the case of Additional Services, the applicable unit rates or prices or lump sum amount set out in the Consultant’s Proposal or otherwise agreed to in writing by the Consultant and the Division Head, as the case may be.

7. If any Services under this Agreement are included by the Consultant in a progress claim as partially or

fully completed, but are not completed in accordance with this Agreement, the City may withhold from payment the total amount payable, or a part thereof, for those Services until they are completed or corrected to the full satisfaction of the Division Head, and the Division Head shall notify the Consultant in writing of its action and the reason for same.

8. The City shall pay the Consultant on a monthly basis, within forty-five (45) days of the City’s receipt of the

Consultant's invoice properly prepared to show details of the portion of the Services accomplished and the hours expended by the Consultant's Personnel to carry out the Services covered by the said invoice.

9. All or part of the aforementioned amounts are to be paid by the Consultant on a timely basis to any other

firm and/or personnel which assists the Consultant in performing part or all of the Services, and the Consultant shall advise the Division Head when such payments by the Consultant have all occurred. It is agreed and understood that the City will not pay any firm and/or personnel other than the Consultant for the Services and that it is the Consultant's responsibility to pay all the other firms and personnel.

10. The Consultant's fees and disbursements shall be in accordance with the Consultant's Cost of Services

Proposal [REPLACE “the Consultant’s Cost of Services Proposal” with “section 2 of this Schedule” where

replacement has been made in section 2] and shall not exceed the specified Maximum Agreement Price with respect to the Services under this Agreement. Subject to section 7 [Confirm correct section reference] (Cost of Services) of the RFP, the payment for Services and authorized Additional Services shall be paid in accordance with the following:

(a) Time of Principals, Senior Officers, Specialists

For time-based services, Personnel specifically identified in the Consultant’s Proposal attached hereto shall be billed at the all-inclusive hourly or per diem flat rates indicated therein or this Schedule “B”, as the case may be; otherwise billing rates for this class of personnel shall be submitted for review and shall be subject to prior approval of the Division Head.

(b) Time of other Staff For time-based services, staff or personnel classifications specifically identified in the Proposal attached hereto shall be billed at the hourly or per diem flat rates indicated therein.

Billing rates for staff or classifications other than those identified in the Proposal shall be submitted for review and shall be subject to prior approval of the Division Head.

(c) Disbursements A lump sum limit for any and all anticipated disbursements required in connection with any part of the Services shall be provided as identified in the RFP.

Payments for disbursements will be pro-rated based on the value of the Services performed during a billable period.

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SCHEDULE “SD-FINAL”

STATUTORY DECLARATION BY THE CONSULTANT RE: FINAL PAYMENT

PROVINCE OF ONTARIO ) IN THE MATTER OF ) the consulting agreement entered into ) between the City of Toronto ) and ___________________________________ ) dated ___________________ (the “Agreement”) ) and an Invoice dated ___________________ (the “Invoice”) ) To Wit:

I, ____________________________________ of the ____________________________________ (Name) (City, Town, etc.)

in the ____________________________________ (Regional Municipality, City, etc.)

do solemnly declare that:

[modify to appropriate professional type, where no engineering services are being provided under agreement] 1. I am a senior professional engineer employed by ______________________________________ (Consultant’s full legal name)

(the “Consultant”). I have personal knowledge of the facts herein set forth and, as a duly authorized representative of the Consultant, have the authority to certify as follows.

2. Attached hereto and marked as Exhibit A to this my declaration are true copies of statements of the

Consultant as part of the Invoice addressed to the City of Toronto setting forth in detail the services performed and the disbursements incurred by the Consultant during the period from the ____ day of _________________, 20___ to the ____ day of _________________, 20___, and for which payment is requested. I do hereby certify that such services were performed and such disbursements were properly incurred by the Consultant pursuant to and in accordance with the provisions of the Agreement.

3. The Consultant has completed all Services (as defined in the Agreement) to be performed by the

Consultant. AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED before me at the ) ) _________________ of _____________________, ) ) in the Province of Ontario, ) ) this day of _________________, 200___. ) ________________________________ ) ) ) _______________________________ ) A Commissioner, etc.

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SCHEDULE “C”

CONSULTANT’S COST OF SERVICES PROPOSAL

[ATTACH Cost of Services Proposal for the Services applicable to this Agreement - e.g. Cost of Services Proposal for Design Services/ Cost of Services Proposal for Construction Services - where Services are not all within 1 agreement]

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SCHEDULE “D”

CONSULTANT’S CLARIFICATION LETTER(S)

[REMOVE Schedule “D” where there are no clarifications]

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J1IORONIOTo be completed only by the insurer or by its representative.

Certificate of InsuranceGoods, Service Provider/Consultant

Name of Insured: City of TorontoContact Name, Address and Telephone Number:

Address and Telephone Number of Insured:

Operations of Named Insured for which certificate is issued:

(NOTE: Provide specific project information including City of Toronto contract number, project name or address)

1. Commercial General Liability

Insuring Company Policy NumberPolicy Limit(s) Effective Date Expiry Date(per occurrence) (yyyy-mm-dd) (yyyy-mm-dd)

Primary Insurer:

Umbrella I Excess Insurer:

Commercial General Liability policy provisions:

(a) The CITY OF TORONTO is included as an additional insured with respect to liability arising out of theoperations of the Insured for which a contract/agreement is issued by the City of Toronto.

(b) Commercial General Liability is extended to include Non-Owned Automobile Liability, Employer’s Liability and!or Contingent Employer’s Liability and any other provisions that might be relevant to the services shown in theOperations of the Insured described above.

(c) The Commercial General Liability Policy(ies) identified above shall apply as primary insurance and not excessto any other insurance available to the additional insureds as set out above.

(d) If cancelled or materially changed to reduce the coverage outlined on this Certificate during the periodof coverage as stated herein, thirty (30) days, (fifteen (15) days if cancellation is due to non-payment ofpremium), prior written notice by registered mail will be given by the Insurer(s) to the CITY OF TORONTO atthe address provided on this Certificate.

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To be completed only by the insurer or by its representative.

Certificate of InsuranceGoods, Service Provider/Consultant

2. Professional Liability (Errors and Omissions), if applicable

Insuring Company Policy Number Policy Limit Effective Date Expiry Datefyyyy-mm-dd) (yyyy-mm-dd)

Professional PollutionLiability, if applicable

3. Automobile Liability, if applicable

Insuring Company Policy Number Policy Limit(s)Effective Date Expiry Date(yyyy-mm-dd) (yyyy-mm-dd)

CERTIFICATION

I certify that the insurance is in effect as stated in this Certificate and that I have authorization to issue thisCertificate for and on behalf of the Insurer(s). This Certificate is valid until the expiration date(s) stated in the “ExpiryDate” provision, unless notice is given in writing in accordance with the provision of this Certificate.

Date Broker’s or Insurer’s Name and Address Signature and Stamp of Certifying Official

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