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 Supplier Qualifications (RFSQ) for potential proponents to be prequalified to participate in a future second stage procurement for Construction Management services to construct the new Student Wellbeing Centre located at 137 Bond Street. The Project will include the addition of an eight (8) story mass timber tower connected to the existing three (3) story heritage building on the site.
The University intends to execute a construction management contract, CCDC 5B - 2010, as amended by the University’s Supplementary Conditions, similar to those provided in Appendix E of the RFSQ.
The University further intends to sign a guaranteed maximum price contract for the Work at the time of the execution of the Agreement. The Proponent will provide the University with its proposal for a guaranteed maximum price for the performance of the Work through the Second Stage Process.
The University is unable to continue into the construction and tendering phase unless the Construction Cost Estimate provided by the Successful Proponent is within its available construction budget.
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/70124 on or before November 21, 2023 at 11:00:00 AM ET
The submissions will not be opened publicly.
Conditions for Participation
Following the Second Stage Process, the award of a Final Agreement to the Successful Proponent is conditional on the Successful Proponent providing the following information to the University, in accordance with the timeframes specified by the University. For clarity, these conditions of award shall not be requested of the Prequalification Proponents at the conclusion of the RFSQ Process:
(a) Insurance
.1 Automobile Insurance
This insurance shall cover all licensed vehicles owned or leased for 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 - Draft Agreement) 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 - Draft Agreement).
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 - Draft Agreement) 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 - Draft Agreement) 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, Unmaned 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 $2,000,0000 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).
The procurement is subject to the following conditions for participation:
Mandatory Submission Requirements
File #1 - Proposal Acknowledgement Form - Pass/Fail
File #2 - Bonding Letter - Pass/Fail
File #3 – Financial Viability - Pass/Fail
The Minimum Passing Score for Stage 2: Technical is 70% or 56 out of 80 Points.
The Minimum Passing Score for Stage 3: Presentation is 50% or 10 out of 20 Points.
Applicable Trade Agreements
This procurement is subject to the following trade agreement(s):
The Canadian Free Trade Agreement, Chapter Five
The Comprehensive Economic and Trade Agreement, Chapter 19
The Ontario-Quebec Trade and Cooperation Agreement, Chapter 9
Contract Details
The term of the Final Agreement, resulting from the Second Stage Process, is one (1) year beyond the successful completion of the Project plus all warranty terms, as applicable.
Successful completion of the Project is estimated to be reached within 18 - 24 months after mobilization of the Successful Proponent, which is expected to occur in Spring 2024.
For clarity, this RFSQ Process results in a Prequalified Proponent(s) that will receive a Prequalification Notification only. The Final Agreement follows the subsequent Second Stage Process.
Prequalification
The University intends to select a limited number of qualified suppliers to be invited to participate in the subsequent procurement process. The criteria that will be used to prequalify suppliers are set out in procurement documents.
The University intends to select up to a maximum of five (5) prequalified contractors.
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 10
File #5 – Proponent’s Team 20
File #6 – Relevant Experience and Capability 30
File #7 – Approach and Methodology 15
File #8 –Social and Sustainable Practices 5
Presentation Evaluation Criteria
CRITERIA WEIGHTING (POINTS)
Presentation 20
Total 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.
Suppliers should also note that only suppliers prequalified will receive further notices of procurement related to the subsequent procurement process.
