Notice of Intended Procurement
Name of Procuring Entity
Toronto Metropolitan University (the “University”)
Contact Person and Contract Person Coordinates
Amanda Wood, 1 Dundas St West, 09th Floor, Toronto, ON, M5B 2H1, 416-979-5000 ext. 556981
Procurement Documents
The procurement documents are available at www.merx.com.
Note that obtaining access to the procurement documents will require prospective suppliers to register and pay a registration fee. Pricing and Payment Terms are available on the MERX website.
Description of Procurement
The University is conducting a Request for Proposal (RFP) for construction management services for the University’s new School of Medicine. The objective of the project is to re-envision and repurpose the existing 220,000 SF building located at 150 Central Park Drive, Brampton; and to further expand its campus. The anticipated budgeted hard construction cost for the Project is $65M (inclusive of Construction Management fees and General Conditions). The deliverables are more fully described in Appendix B – Scope of Work.
The University intends to execute CCDC 5B - 2010 Contract for Construction Management Services, as amended by the University’s Supplementary Conditions attached in Appendix E of this RFP.
The procurement is anticipated to involve negotiation. An electronic auction is not anticipated.
Address and Final Date for Submissions
Submissions must be submitted electronically at https://tmu.bonfirehub.ca/opportunities/69135 on or before August 22, 2023, 11:00:00 AM EDT.
The submissions will not be opened publicly.
Conditions for Participation
The award of a Final Agreement to a Successful Proponent is conditional on the Successful Proponent providing the following information to the University, in accordance the timeframes specified by the University:
Insurance:
.1 Automobile Insurance
This insurance shall cover all licensed vehicles owned or leased for a period in excess of 30 days by the Successful Proponent. It shall provide for third party liability limits not less than $10,000,000 inclusive for bodily injury and property damage plus statutory accident benefits.
.2 Contractors’ Equipment Insurance
This policy shall cover all tools and equipment used at the project site by, or on behalf of, the Successful Proponent against all risks of direct physical loss or damage, including the perils of earthquake and flood, subject to customary exclusions. This insurance shall be maintained continuously from commencement of the Work until all construction, erection, installation and testing has been completed and the Project has been finally accepted. The settlement shall be on a replacement cost basis for equipment newer than 5 years old, and actual cash value for equipment older than 5 years.
All such Contractors’ Equipment Insurance policies shall contain a waiver of subrogation against the University, Successful Proponent, and Consultants engaged on the Project, and shall provide for 30 days prior written notice of cancellation or material change to be given by the insurers to the University.
.3 Commercial General Liability Insurance
This policy shall cover the risks of liability for bodily injury and property damage arising from the operations and activities on and away from the Project site by the Successful Proponent and shall include coverage for those whom it is legally liable for. This policy shall be subject to limits of liability not less than $10,000,000 per occurrence and a deductible of not more than $25,000 per occurrence. It shall include all of the coverage features listed in items (a) to (m) of Article 11.1.2.1.2 (see Appendix E - Supplementary Conditions) of this contract in addition to coverage for difference in conditions and difference in limits in relation to the insurance coverage described in Article 11.1.2.1.2 (see Appendix E - Supplementary Conditions).
This insurance shall be maintained continuously from commencement of the Services until all construction, erection, installation and testing has been completed and the Project has been finally accepted by the University.
The Products-Completed Operations Hazard coverage shall cover the risks of liability for bodily injury and property damage arising from the operations, activities Services and Work performed on and away from the Project site and shall be maintained for 72 months after the Project has been finally accepted by the University.
This insurance shall be secondary, with regards to operations and activities on the Project site, to the insurance described in Article 11.1.2.1.2 (see Appendix E - Supplementary Conditions) of the Draft Agreement Document for the time that such Wrap-Up Liability insurance is maintained, upon which this insurance shall become primary. This insurance shall be primary with regards to operations and activities away from the Project site.
.4 Contractor’s Pollution Liability Insurance
This policy shall cover claims for bodily injury, property damage, clean-up costs and related legal defence expenses for pollution conditions that result from, or are disrupted by, the services rendered in performance at the Project site. This policy shall have limits of not less than $5,000,000 per occurrence and in the aggregate, and a deductible of not more than $25,000 per occurrence. Coverage shall include extensions for transported cargo and off-site disposal. The completed operations coverage shall be for not less than 72 Months after acceptance of the Project by the University.
This insurance shall be secondary to the insurance described in Article 11.1.2.1.3 (see Appendix E - Supplementary Conditions) of this Contract Document for the time that such Project Specific Contractors Pollution Liability insurance is maintained, upon which this insurance shall become primary.
.5 Aircraft, Unmanned Aircraft (Drone) and Watercraft Liability (if applicable)
If the Services or Work at the Project site involves the use of owned or non-owned aircraft or watercraft directly or indirectly in the performance of the Services and Work, appropriate Aircraft Liability and/or Watercraft Liability insurance must be purchased and maintained for the duration of such operations by the party responsible for such operations. This policy shall provide limits of liability not less than $5,000,000 per occurrence insuring against claims for bodily injury, including death and for property damage arising out of the use of such aircraft, drone or watercraft.
.6 Marine Cargo and Charterer’s Liability Insurance (if applicable)
If any property forming part of the Project, including goods and materials to be incorporated into the Project, is required to be transported by vessels as ocean marine cargo, appropriate Ocean Marine Cargo insurance must be purchased to cover such cargo for full replacement value, including transits and storage where applicable. At the discretion of the University Delay-In Start-Up coverage may be requested.
In addition, if an entire vessel is chartered for shipping equipment then Charterer’s Liability insurance must be purchased in amounts sufficient to protect and indemnify the University for all liability arising out of the chartering of such vessel.
This insurance must be purchased and maintained for the duration of such operations by the party responsible for such operations.
.7 Professional Liability Insurance
This policy shall cover the risks of errors, omissions or negligent acts in the performance of professional services for the Project. This policy shall have limits of not less than $2,000,000 per claim and with an aggregate limit of not less than $5,000,000 within any policy year, unless specified otherwise in the Contract Documents. The policy shall be maintained continuously from the commencement of the Services until 6 years after Substantial Performance of the Work. This policy shall not exclude this Project in any way and also provide coverage for pollution incidents resulting from professional services.
(b) WSIB
A clearance certificate from the Ontario Workplace Safety Insurance Board, or if the Successful Proponent is not subject to the Workplace Safety and Insurance Act (Ontario), evidence of employers’ liability coverage equivalent to WSIB coverage in the amount of not less than two million dollars ($2,000,000.00).
(c) Bonding
Digital Construction Act Bonds issued by a duly licensed surety company authorized to transact a business of suretyship in the province or territory the Deliverables are performed.
● labour and material payment bond in an amount equal to not less than 50% of the Contract Price; and
● a performance bond in an amount equal to not less than 50% of the Contract Price.
Proponents shall refer to the Supplementary Conditions attached in Appendix E for complete information regarding bonds.
A bond may be submitted in an electronic or digital format if it meets the following criteria:
1.1. The version submitted by the Proponent must be verifiable by the University with respect to the totality and wholeness of the bond form, including: the content; all digital signatures; all digital seals; with the
Surety Company, or an approved verification service provider of the Surety Company.
1.2. The version submitted must be viewable, printable and storable in standard electronic file formats acceptable to the University, and in a single file.
1.3. The verification may be conducted by the University immediately or at any time during the life of the
bond and at the discretion of the University with no requirement for passwords or fees.
1.4. The results of the verification must provide a clear, immediate and printable indication of pass or fail regarding Item 1.1.
2. Bonds failing the verification process will NOT be considered to be valid.
3. Bonds passing the verification process will be treated as original and authentic.
Mandatory Submission Requirements
File #1 Proposal Acknowledgement Form - Pass/Fail
File #2 - Bonding Letter - Pass/Fail
File #3 – Financial Viability - Pass/Fail
Minimum Passing Score
The Minimum Passing Score for Stage 2, Technical 70% or 42 out of 60 Points.
The Minimum Passing Score for Stage 4: Interview is 50%, or 7.5 out of 15 Points.
Applicable Trade Agreements
This procurement is subject to the following trade agreement(s):
• BPS Procurement Directive;
• The Canadian Free Trade Agreement, Chapter Five;
• The Ontario-Quebec Trade and Cooperation Agreement, Chapter 9];
• Canada-European Union Comprehensive Economic and Trade Agreement (CETA);
Contract Details
The term of the Final Agreement is is from agreement execution until the completion of the Project, inclusive of any warranty terms.
Partial occupancy of the site shall be on or before June 2025, with additional work continuing until Substantial Performance is achieved
Substantial performance is targeted to be no later than September 2026.
The University will base its selection of qualified suppliers on the following criteria:
Mandatory Evaluation Criteria
CRITERIA WEIGHTING (POINTS)
File #1 - Proposal Acknowledgement Form Pass/Fail
File #2 - Bonding Letter Pass/Fail
File #3 – Financial Viability Pass/Fail
Technical Evaluation Criteria
CRITERIA WEIGHTING (POINTS)
File #4 – Company Information 5
File #5 – Proponent’s Team 15
File #6 – Relevant Experience and Capability 15
File #7 – Understanding of the Project 15
File #8 – Health and Safety 5
File #9 – Social and Sustainable Practices 5
Subtotal 60
Financial Evaluation Criteria
CRITERIA WEIGHTING (POINTS)
Pricing Part I: Construction Manager’s Fee 20
Pricing Part II: Hourly Rates 5
Subtotal 25
Interview Evaluation Criteria
CRITERIA WEIGHTING (POINTS)
Interview 15
Subtotal 15
Total Evaluated Score for Stages 1, 2, and 3 100
Notes
Suppliers should note that information contained within this notice is subject to change. Suppliers are encouraged to obtain the procurement documents which contain the most current information. If there is a conflict between the procurement documents and this notice, the procurement documents will take precedence.
