DIVISION 1 - Greater Sudbury

DIVISION 1

DIVISION #1

INSTRUCTIONS TO TENDERERS

INDEX Section Description Page 1. SCOPE OF WORK 1 2. GENERAL CONDITIONS, STANDARD SPECIFICATIONS AND DRAWINGS 1 3. SOILS REPORT 1 4. SUBSTITUTIONS 1 5. TENDER INFORMATION MEETING 2 6. ADDENDA 2 7. PREQUALIFICATION 2 8. PLUMBING AND ELECTRICAL LICENCES 5 9. TENDER CONFIDENTIALITY 6 10. TENDER DEPOSIT, PERFORMANCE GUARANTEE 6 11. GOVERNMENT TAXES 7 12. WITHDRAWAL PROCEDURES 8 13. CLOSING DATE FOR TENDERS 9 14. TENDER OPENING 9 15. VALIDITY OF TENDERS 10 16. ACCEPTANCE OF TENDER AND EXECUTION OF CONTRACT 12 17. RIGHT OF CITY 12 18. CONTRACT AWARD 12 19. WORKPLACE SAFETY AND INSURANCE BOARD 12 20. INSURANCE 13 21. PRE-CONSTRUCTION MEETING 14 22. SAFETY 14 23. TEST PITS AND TEST PIT REQUEST FORM 14 24. LETTER OF CREDIT (SAMPLE) 16 25. AGREEMENT TO BOND (SAMPLE) 18 26. ACCESSIBILITY COMPLIANCE 19

Page 1 of 20

INSTRUCTIONS TO TENDERERS

1. SCOPE OF WORK

The work consists of the supply of all labour, material, equipment and supervision necessary to complete the work shown, or described by, or reasonably inferred from these contract documents. Without limiting the qualifications of the foregoing the work consists of the following:

2. GENERAL CONDITIONS, STANDARD SPECIFICATIONS AND DRAWINGS

All work shall be carried out in accordance with the current Ontario Provincial Standard Specifications and Drawings as adopted by the City, and the current City Supplemental Specifications and Drawings. The current General Conditions apply to this contract and will be included in the legal documents.

3. SOILS REPORTS − [Designer to indicate if Not Applicable]

These reports are prepared for design purposes, and when provided to the bidders are for information only (refer to Division # ). Contractors bidding on or undertaking the works, must rely on their own investigation and interpretation of this information, and draw their own conclusions as to how this information will affect their bidding and construction techniques.

4. SUBSTITUTIONS

Where, pursuant to the contract documents, the Contractor is required to supply an article or group of related articles designated by trade or supplier‟s name followed by the words “or approved equal” or similar such terminology, the tender shall be based only upon supplying the article or group of articles so designated, which shall be regarded as the standard of quality required by the specifications.

No ruling on a proposed substitution and “approved equal” will be made prior to acceptance of a tender. No substitutions shall be made without the prior approval of the General Manager. No tender price shall be based on a presumed acceptance by the General Manager, of a substitute item of supply.

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5. TENDER INFORMATION MEETING Tenderers are invited to attend a Tender Information Meeting in Committee Room ( # ), Tom Davies Square, 200 Brady Street, Sudbury, at (time) , on (date), (year).

The purpose of the meeting is to provide additional information, if required, and to answer questions concerning the project and contract documents. All tenderers are urged to attend the Tender Information Meeting.

Any new information or project changes given at the meeting will be covered by an Addendum to the Contract which will be issued prior to the tender closing date. Minutes of the Tender Information Meeting will also be issued to all Tenderers.

6. ADDENDA Tenderers may, during the tendering period, be advised by addenda of required additions to, deletions from, or alterations in the requirements of the tender documents.

A copy of all Addenda shall be either hand delivered, or sent by courier, electronic correspondence, or fax, to each prospective bidder who has obtained Tender Documents.

Addenda will be issued under the following circumstances:

a) Interpretation of tender documents as a result of queries from prospective bidders;

b) Revision, deletions, additions or substitutions of any portion of tender documents.

All such changes as addressed in the addenda shall become an integral part of the tender documents and shall be allowed for in arriving at the tender price.

Oral instructions shall not be considered valid unless they are confirmed in writing by the General Manager.

7. PREQUALIFICATION If a Tenderer has not prequalified by the Annual Prequalification Procedure then the

procedure outlined in this section shall be followed.

There will be no Annual Prequalification for work pertaining to Water Plants, Wastewater Plants, Bridges and Environmental projects. These contracts will have prequalification at the time of tendering.

[When tendering Sewer, Water and/or Road Projects]

Tenderers must submit the following documents, prior to the specified deadline for application for prequalification:

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7. PREQUALIFICATION – continued

a) Letter from the tenderer‟s bank manager addressed to the City of Greater Sudbury, attesting to the tenderer‟s financial capability to complete this contract.

b) A written schedule of all contracts successfully completed by the tenderer in the

previous three (3) years.

Include the value of each contract, the name of the owner, and the name and telephone number of the owner‟s contact person who is willing and able to attest to the tenderer‟s capability to perform this contract work.

c) A list of all contracts presently undertaken, the value of each contract, the

scheduling of each contract, and the name of the owner.

d) The name, qualifications, and experience of the proposed superintendent for this contract work.

e) A list of equipment available for this contract work, and whether “owned” or

“rented”.

f) The successful tenderer shall be required to supply a copy of a current City of Greater Sudbury license for the electrical and/or plumbing contractor(s) that they plan to “carry” on this contract. The copy of the licence(s) shall be provided at the pre-construction meeting.

PREQUALIFICATION FOR TRAFFIC SIGNAL INSTALLATION [Designer to delete entire section if not required]

Prequalification for Traffic Signal Installation Work:

Tenderers are to submit the name of the electrical contractor(s) that they plan to “carry” on this contract who will be responsible for the Traffic Signal Installation work. The electrical contractor must meet the following requirements:

Qualification of Electrical Contractor

i) The Contractor must have fully trained, qualified and experienced licensed

electricians having a minimum of three (3) years involving the installation, maintenance, and repairing of all types of traffic signals, signal system, and related devices. These individuals must be knowledgeable in the function, operation and features of modern electrical and electronic signal control equipment, specifically NEMA traffic control cabinets, and Eagle traffic controllers and systems.

ii) The Contractor‟s electricians must have successfully completed the International

Municipal Signal Association (IMSA) Level I and II, Traffic Signal Certification Program.

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7. PREQUALIFICATION – continued

Prequalification for Traffic Signal Installation Work:

Qualification of Electrical Contractor – continued

iii) The Contractor must have a minimum of five (5) years in business as related to traffic control signal installation and maintenance.

iv) Minimum field personnel requirements on this contract shall include:

• Contract Supervisor • Field Electrician(s)

• Labourer(s)

In addition, the tenderer must submit the following documents, prior to the specified deadline for application for prequalification.

a) The Contractor must supply documentation of their personnel, including:

Ministry of Labour #309A Certificate of Qualification, and any other evidence as to the personnel‟s qualification, training and experience in maintaining and installing traffic signal control devices.

b) A written schedule of all contracts successfully completed by the electrical

contractor in the previous three (3) years. Include the value of each contract, the name of the owner, and the name and

telephone number of the owner‟s contact person who is willing and able to attest to the tenderer‟s capability to perform this contract work.

c) A list of all contracts presently undertaken, the value of each contract, the

scheduling of each contract, and the name of the owner.

d) The name, qualifications, and experience of the proposed supervisor for this contract work.

e) A list of equipment available for this contract work, and whether “owned”.

In addition, following the prequalification deadline, the City will review all electrical contractors submitted and then issue a list of approved electrical contractor(s) to all prequalified tenderers only. Prequalified tenderers will then be allowed to “carry” any electrical contractor that is on this list.

Current listing of City approved electrical subcontractors for Traffic Signal Installation is:

Steel Control Services Contact: Dave Wilton 1377 Kelly Lake Road Tel: (705) 523-1166 Sudbury, ON P3E 5P5 Fax: (705) 523-1355

Page 5 of 20 7. PREQUALIFICATION – continued

Prequalification Deadline: Prequalification applications for Contract ENG11- must be received by 12:00 Noon,

(date), 201__ and should be submitted to: Director of Engineering Services

City of Greater Sudbury Mailing Address: P.O. Box 5000, Station A, Sudbury, ON P3A 5P3

Courier Address: 200 Brady Street, Sudbury, ON P3E 5K3

The envelope containing the details should be clearly marked with the Contract Number, Contract Title and the word “Prequalification”.

No tenderer will be supplied with a tender form and envelope unless the tenderer has been prequalified.

Each tenderer who has submitted a prequalification application, will be notified as soon

as they have been prequalified. The tenderer will then be advised how and where he may receive a tender form and envelope.

8. PLUMBING AND ELECTRICAL LICENCES

[Designer to delete the entire Section 8 if not required] When required to obtain the City of Greater Sudbury plumbing licence, the Tenderer will

need to submit the following to the Licensing and Assessment Clerk.

• Plumbing Contractor Licence application. • Certification of Plumbing Licence with copy of the actual Plumbing Licence from the

Ministry. • Certification of Insurance ($1,000,000 minimum).

The City plumbing licence is effective for a one year period from January 1 to December 31 and must be renewed yearly.

Information on the fee schedule and method of payments is available from the Licensing

and Assessment Clerk.

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8. PLUMBING AND ELECTRICAL LICENCES - continued

Please submit application for a plumbing licence and payment to: Licensing and Assessment Clerk City of Greater Sudbury

Mailing Address: P.O. Box 5000, Station A, Sudbury, ON P3A 5P3


Phone: (705) 674-4455 Ext. 2320 Fax: (705) 671-8118 Electrical Contractors must have a current electrical Certification for Electrical Contractor

issued by the Electrical Safety Authority.

9. TENDER CONFIDENTIALITY The City of Greater Sudbury will consider all tenders as confidential, subject to the

provisions set out in the Municipal Freedom of Information and Protection of Privacy Act. The names of the tenderers and the total amount of the tenders will be made available to the public. However, unit prices will not be made available to the public.

10. TENDER DEPOSIT, PERFORMANCE GUARANTEE

Each tender must be accompanied by one of the following alternatives: A) A tender deposit in the form of a certified cheque or Letter of Credit in the amount

of $(5% of estimate). The tenderer must also provide an Agreement to Bond from a Bonding Company whereby the Bonding Company agrees to provide a 100 percent Performance Bond, in a form acceptable to the City Solicitor. An Agreement to Bond for any previous tender, or a Performance Bond from any previous contract is not an acceptable alternative to the Agreement to Bond requested.

B) A tender deposit in the form of a Bid Bond in the amount of $(15% of estimate).

The tenderer must also provide an Agreement to Bond from a Bonding Company whereby the Bonding Company agrees to provide a 100 percent Performance Bond, in a form acceptable to the City Solicitor. An Agreement to Bond for any previous tender, or a Performance Bond from any previous contract is not an acceptable alternative to the Agreement to Bond requested.

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10. TENDER DEPOSIT, PERFORMANCE GUARANTEE - continued C) A deposit in the form of a Letter of Credit or certified cheque, in the amount of

$(25% of estimate). The Letter of Credit should be in the form found in Section #24, Division #1, Instructions to Tenderers. (Letters of Credit from a Caisse Populaire or Credit Union, properly completed will be acceptable).

Under alternatives (A), (B) and (C), the deposit of the lowest tenderer is retained until the contract is awarded and the contract documents executed and the Performance Bond or Performance Deposit is received by the City of Greater Sudbury.

Under alternatives (A) and (B), the 100% Performance Bond will remain in full force without reduction until the end of the maintenance period. Under alternative (C) the deposit of the successful tenderer must remain in full force until substantial completion, following which it may be reduced to $(1/3 of value “C”) until the expiration of the maintenance period.

The Bid Deposit shall be forfeited to the Corporation if the bidder who has been awarded the contract fails to execute and return the contract and to furnish all required documents within fourteen days after notice from the Corporation to do so.

11. GOVERNMENT TAXES

The following government tax requirements are summarized only and full particulars are contained in Section 108-10 of the GENERAL CONDITIONS which shall in cases prevail.

a) Gasoline and Fuel Taxes

The Contractor shall pay all taxes under the Gasoline Tax Act and the Motor Vehicle Fuel Tax Act on gasoline and diesel fuel used by him in the performance of the contract.

b) Harmonized Sales Tax (HST)

Applicable HST shall not be included in the unit prices tendered. HST shall be added at the end of the Schedule of Unit Prices to arrive at the Total Contract Price.

c) Changes to Government Taxes

Where a change in Canadian Federal or Provincial taxes occur after the Tender Closing Date for this contract, and this change could not have been anticipated at the time of bidding, the City will increase or decrease contract payments to account for the exact amount of tax change involved.

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12. WITHDRAWAL PROCEDURES A bidder may request that his or her submitted tender be withdrawn, up until the closing

time for a particular contract. Withdrawals can only be made in person and the bidder wishing to withdraw from a particular tender must attend at the Purchasing Agent‟s office and execute an appropriate withdrawal form, signed by a principal of the bidder, or provide a letter from the bidder, signed by a principal, withdrawing the tender. The Agent and Treasurer together shall then open the Tender Box, retrieve the withdrawn Tender, and hand it back unopened to the bidder. The completed withdrawal form, specific to the time of return, shall then be signed by the Agent and Treasurer, placed into the Tender Box and the Tender Box relocked.

The withdrawal of a tender does not disqualify a bidder from submitting another tender

for the same contract provided that all of the tender procedures are observed and the new bid is deposited in the tender box prior to the terminal time for closure. However, unless withdrawal procedures have been followed, more than one tender from the same bidder will result in the disqualification of the bidder.

The Bid Deposit shall be forfeited to the Corporation when a bidder attempts to withdraw

his or her tender after tenders have been opened, in addition to any consequence or legal penalty that may apply.

Occasionally, there may be more than one contract opened at the same tender opening.

Immediately following the reading of tenders for any contract, the low tenderer for that contract may withdraw upon written request signed by a principal of the company, any or all of his remaining tenders for the balance of tenders yet to be opened and read, and these will be returned, unopened, immediately to the tenderer. Any such withdrawal(s) will not be reinstated under any circumstances, even if subsequent checking proves that tenders not withdrawn are in fact not the lowest of all tenders read.

13. CLOSING DATE FOR TENDERS A complete tender shall be delivered to the Purchasing Agent, City of Greater Sudbury,

Supplies and Services Department, Second Floor, Tom Davies Square,

Mailing Address: P.O. Box 5000, Station A, Sudbury, ON P3A 5P3


by no later than 11:00 a.m. Local Time, (date) , (year) , sealed in the tender

envelope provided by the City and shall include: a) Form of Tender & Schedule of Unit Prices supplied by the City, complete in every detail, and b) the appropriate documents required under Section 10.

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14. TENDER OPENING Tenders will be opened publicly at 2:30 p.m., on, (date) , (year) , by the

Tender Opening Committee, in Committee Room C-21, Tom Davies Square, 200 Brady Street, Sudbury, Ontario.

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15. VALIDITY OF TENDERS

SCHEDULE "C"

to By-Law 2006-270 of the City of Greater Sudbury Page 1 of 2

IRREGULARITY RESPONSE

1 Late Bid. Automatic rejection and not opened or read publicly.

2 Unsealed Envelope. Automatic rejection.

3 No Bid Security or agreement to bond or insufficient Bid Deposit or agreement to bond.

Automatic rejection.

4 Bids completed and/or signed in erasable medium.


5 All required sections of Bid documents not completed.

Automatic rejection unless, in the consensual opinion of the Agent, General Manager in charge of the Bid Solicitation and the City Solicitor, the incomplete nature is trivial or insignificant.

6 Qualified Bids (Bids qualified or restricted by an attached statement).

Automatic rejection unless, in the consensual opinion of the Agent, General Manager in charge of the Bid Solicitation and the City Solicitor, the qualification or restriction is trivial or not significant.

7 Bids received on documents other than those provided or specified by the City.


8 Bids Containing Clerical Errors, which are trivial or insignificant.

48 hours to correct and initial errors. The determination of what constitutes trivial or insignificant errors shall be made in the consensual opinion of the Agent, General Manager in charge of the Bid Solicitation and the City Solicitor

9 Failure to execute Agreement to Bond (Surety's Consent) or Bonding company corporate seal or signature missing from Agreement to Bond.


10 (a) Failure to execute Bid Bond by Bidder and Bonding Company.


(b) Corporate seal of the Bidder and Bonding Company, missing.

48 hours to correct.

11 Documents - Execution

(a) Corporate seal or signature missing; signatory's authority to bind the corporation or signature missing.

48 hours to rectify situation.

(b) Corporate seal and signature missing; signatory's authority to bind the corporation and signature missing.


Page 11 of 20 15. VALIDITY OF TENDERS – continued

SCHEDULE "C"

to By-Law 2006-270 of the City of Greater Sudbury Page 2 of 2

IRREGULARITY RESPONSE

12 Erasures, Overwriting or Strike-Outs which are not initialed:

(a) uninitialled changes to the Tender documents, other than unit prices, which are trivial or not significant;

48 hours to initial. The determination of what constitutes trivial or insignificant uninitialled changes shall be made in the consensual opinion of the Agent. General Manager in charge of the Bid Solicitation and the City Solicitor.

(b) unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals are consistent with the price as changed;

48 hours to initial change in unit price. The determination of what constitutes trivial or insignificant uninitialled changes shall be made in the consensual opinion of the Agent, General Manager in charge of the Bid Solicitation and the City Solicitor.

(c) unit prices in the Schedule of Prices which have been changed but not initialed and the Contract totals are inconsistent with the price as changed;


13 Mathematical errors which are not consistent with unit prices.

48 hours to initial corrections as made by the Supplies and Services Division.

14 Bids, in which all necessary Addenda, which have financial implication, have not been acknowledged.


15 Any other irregularities. The Agent, General Manager in charge of the Bid Solicitation and the City Solicitor acting in consensus shall have authority to waive other irregularities or grant 48 hours to initial such other irregularities, which they jointly consider to be trivial or insignificant.

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16. ACCEPTANCE OF TENDER AND EXECUTION OF CONTRACT The Tenderer agrees that, notwithstanding anything to the contrary in this Contract, that a maximum of sixty days shall be allowed between the date that tenders are opened and the date that a tender is awarded, cancelled, or recalled.

Following contract award, the Corporation shall notify the successful tenderer that his tender has been accepted. The formal contract agreement will also be sent to the successful tenderer, with instructions on how to properly complete and sign the document.

The successful tenderer is to be allowed not more than Fourteen (14) days from receipt of the document for the execution of the contract document. Failure to execute the contract documents or to provide the necessary guarantees, insurance, etc. within the specified time may result in the forfeiture of the Tender Deposit.

17. RIGHT OF CITY

The City reserves the right to reject any or all tenders.

The City shall not accept any inconsistency in the Unit Prices bid for the various items.

The City reserves the right to delete any portion or part of the work outlined and the bidder agrees to such cancellation without any claim whatsoever because of such cancellation.

18. CONTRACT AWARD The Contract award is subject to receipt of . Lowest or any tender not necessarily accepted.

19. WORKPLACE SAFETY AND INSURANCE BOARD

The successful tenderer is required to provide a notice from the Workplace Safety and Insurance Board stating that he is in good standing with the Board, prior to the signing of the contract documents by the City.

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20. INSURANCE

The following insurance requirements are summarized only and full particulars are contained in Section 106-2 of the GENERAL CONDITIONS which shall in all cases prevail.

While the Contractor will be responsible for maintaining adequate insurance to cover all claims and save the Corporation harmless from all litigation arising from such claims, the Contractor shall at his own expense, maintain the following minimum insurance while this contract is in force and such insurance shall be entirely comprehensive for all phases of the work pertaining to the contract.

a) All risks property insurance in a form acceptable to the Corporation on all buildings,

structures, machinery, and equipment. b) Liability Insurance in a form acceptable to the Corporation in the following

amounts; i) Comprehensive General Liability and Property Damage for bodily injury or

property damage, not less than $5,000,000 inclusive for any one occurrence. ii) Automobile Public Liability and Property Damage for bodily injury or property

damage, not less than $2,000,000 inclusive for any one occurrence. The Liability Insurance must cover the use of explosives prior to such use when the work

involves the use of explosives. The Contractor shall be solely responsible for all damage, loss or costs resulting directly or indirectly from the use of explosives. The Contractor shall indemnify and save harmless the City of Greater Sudbury from and against all claims, demands, loss, damages and costs resulting directly or indirectly from the use of explosives.

With respect to the Comprehensive General Liability Insurance, the City of Greater

Sudbury must be added as additional insured. The certificate(s) of insurance and copies of insurance policy(ies), each stating that this

insurance is the primary insurance for purposes of the Contractor's General Liability and property damage and any other claims against the City, must be filed with the General Manager within fourteen (14) days of official notification of contract award by City Council. The City of Greater Sudbury reserves the right to approve all Certificates of Insurance.

Blank forms may be obtained from the City of Greater Sudbury's web site

www.greatersudbury.ca – All City Services – Business – Licences, Permits and Certificates – Certificates • Certificates of Insurance – Contractors (95 KB) (Acrobat Reader 5.0 required).

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21. PRE-CONSTRUCTION MEETING A pre-construction meeting shall be scheduled with the successful tenderer, following

contract award. The Contractor will be required to submit to the City the following information at that time, namely:

a) A construction “Progress Schedule” indicating clearly the proposed order and

time allowance for various phases of the work in sufficient detail to show weekly progress.

b) A “Traffic Protection Plan” in accordance with Section 106-3 “Provision for

Traffic” in the GENERAL CONDITIONS. c) A listing of sub-contractors and suppliers that Contractor wishes to utilize for

completing work on the contract in accordance with Section 107-3 “Assignment, Subletting and Renting” in the GENERAL CONDITIONS.

22. SAFETY In conjunction with Section 106-13 of the GENERAL CONDITIONS “Observance of

Laws, Regulations and Policies” the Contractor must do all works in conformance with the Occupational Health and Safety Act, and regulations for construction projects.

The City of Greater Sudbury has Asbestos Cement (AC) mains and services at various places throughout the City in both the distribution and collection systems. All persons involved in work for the City of Greater Sudbury (Workers and Supervisors) are required to be trained in and provide proof of training by a competent person in an Asbestos Awareness Program as a minimum. If any AC pipe will be disturbed during construction, proper handling and disposal practices shall be followed in accordance with Regulation 278/05 Asbestos on Construction Projects and in Building and Repair Operations.

23. TEST PITS A Test Pit Request Form is included in Section 23 in this Division. If requested and

approved, Test Pit site(s) will be excavated at on .

Page 15 of 20 23. – continued

TEST PIT REQUEST FORM

CONTRACT ENG11- Tenderers shall indicate below desired test pit location(s), and forward to the Director of Engineering Services by no later than , of 201 . Requested Test Pit Location(s):

Requested by:

Subject to the approval of the City, test pits will be excavated at the requested locations. If requests are not received from tenderers, then no test pits will be excavated. Complete, detach, and forward to the Director of Engineering Services by the date indicated

Page 16 of 20 24. SAMPLE

IRREVOCABLE LETTER OF CREDIT

Letter of Credit No.: Amount: $____________________ Initial Expiry Date: ____________________ TO: The City of Greater Sudbury P.O. Box 5000, Station A Sudbury, Ontario P3A 5P3 WE HEREBY AUTHORIZE YOU TO DRAW ON THE ____________________________________________________________________________

(Name of Bank and Branch)

(of _____________________________, __________________) City Postal Code for the account of _____________________________________________________________ (Bank Customer)

UP TO THE AGGREGATE AMOUNT OF ___________________________________________ (Dollar Amount, Canadian) ($ ____________________________________________) Payable on Demand. (available on demand as follows) PURSUANT TO THE REQUEST OF our customer: __________________________________ (Bank Customer)

we the _______________________________________________________________, (Name of Bank)

hereby establish and give to you an Irrevocable Letter of Credit in your favour in the total amount of

_____________________ as required pursuant to an Agreement made between the City of Greater

Sudbury and ______________________ which may be drawn in whole or in part by you at any time,

and

from time to time, upon written demand for payment made upon us by you, which demand we shall

honour without inquiring whether you have the right as between yourself and the (our) said

customer to make such demand, and without recognizing any claim of our said customer, (or

objection by customer of payment to you).

WE UNDERSTAND THAT THIS LETTER OF CREDIT relates to services to be performed pursuant

to an agreement between the customer and yourself and referred to as the

____________________________________________________________________________

(Name of Project or Contract Name and Number)

THE AMOUNT of this Letter of Credit may be reduced from time to time as advised by notice in

writing (given to us) to the undersigned from time to time by you.

Page 17 of 20 It is understood that this obligation is between the ____________________________________ (Bank Name)

and the City of Greater Sudbury and any notice referred to in the preceding paragraph shall not be

used for any other purpose than herein set forth.

It is understood that the obligation of the undersigned under this Letter of Credit is an obligation to

pay money only and that in no circumstances shall the_______________________________

(Bank Name)

be obliged to perform or cause to be performed any work under the said Agreement.

THIS IRREVOCABLE LETTER OF CREDIT will continue in force for a period of one year, but shall

be subject to the condition hereinafter set forth.

IT IS A CONDITION of this Letter of Credit that it shall be deemed to be automatically extended

without amendment for year to year from the present or any future expiration date hereof, unless at

least 30 days prior to any such future expiration date, we notify you in writing by registered mail that

we elect not to consider this Letter of Credit to be renewable for any additional period.

The demand drawn under this Irrevocable Letter of Credit is to be endorsed and shall state on its

face that it is drawn on _______________________________________________________

(Bank Name) (Bank Address)

Irrevocable Letter of Credit #_______________, dated _______________________.

DATED AT _____________________, Ontario, this ________ day of ______________, 20__.

COUNTERSIGNED

BY: ______________________________________________________________________

(Name of Bank)

Per: ________________________________________________

“I have the authority to bind the (Name of Bank/Caisse Populaire/Credit Union)”.

“I have the authority to bind the (Name of Bank/Caisse Populaire/Credit Union)”.

Per: ________________________________________________

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25. SAMPLE

AGREEMENT TO BOND

We, the undersigned, hereby agree to become bound as for ___________________________ a bond (BIDDER‟S NAME) totalling One Hundred Per Cent (100%) of the Contract amount, and conforming to the

Instruments of Contract attached hereto, for the full and due performance of the works shown as

described herein, if the tender for

is (CONTRACT NUMBER & TITLE) accepted by the City of Greater Sudbury. It is a condition of this Agreement that if the above mentioned tender is accepted, a

Performance Bond must be completed with the undersigned within fourteen (14) days of

acceptance of the tender related thereto, otherwise this Agreement shall be null and void.

DATED this day of 201 .

___________________________________ Name of Bonding Company SEAL Signature of Authorized Person Signing for Bonding Company

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26. ACCESSIBILITY

The City is committed to the accessibility principles of preventing and removing barriers in accessing goods and services for people with disabilities and is bound by the Standards under the Accessibility for Ontarians with Disabilities Act, 2005 as may be amended from time to time.

Regulations enacted under the Act apply to every designated public sector organization and other third parties that provide goods and services to the members of the public.

The consultant/contractor, and all sub-contractors hired by the consultant/contractor in the completion of its work, will meet or exceed compliance with all applicable regulations under the Accessibility for Ontarians with Disabilities Act, 2005 as may be amended from time to time.

It is the consultant/contractor‟s responsibility to ensure they are fully aware of, and meet all requirements under the Act. A Declaration of Accessibility Compliance will be required by the successful bidder(s).

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26. ACCESSIBILITY – continued

DECLARATION OF ACCESSIBILITY COMPLIANCE

COMPANY NAME:

PRINT NAME:

TITLE:

DATED:

RE: Contract No.:

I/ we acknowledge that as a Contractor/Consultant of the City of Greater Sudbury we are bound to comply with all accessibility Standards under the Accessibility for Ontarians with Disabilities Act, 2005 as amended from time to time. I/we declare that I/we have read, understand and will meet or exceed all enacted accessibility Standards as amended from time to time. I/we further declare that I/we will undertake to ensure all sub-contractors hired by us in completion of our work will also comply with the above Standards.

________________________________ _____________________________ Authorized Signature Dated