rfp # 78-627-sk seneca college, (seneca at york washroom ...rfp 78-627-sk seneca college, (seneca at...

College of Applied Arts and Technology

Request for Proposal

RFP # 78-627-SK Seneca College, (Seneca at York Washroom

Renovations)

Date of Issuance: Wednesday October 18, 2017 Submission Deadline: November 9, 2017

Submissions shall be submitted on, and in accordance with, forms supplied by Seneca College. All responses are to be submitted to Seneca College the use of MERX Electronic Bid Submission (EBS).

Bidders shall be solely responsible for the delivery of their Bids in the manner and time prescribed

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Contents 1.1 Overview of the Work ................................................................................................... 4

1.1.1 Proponents to Obtain RFP Only Through MERX .................................................... 4

1.1.2 Legal Actions ............................................................................................................ 4

1.2 Scope of Work ............................................................................................................. 4

1.3 Timeline ....................................................................................................................... 4

1.3.1 Warranty of Work ..................................................................................................... 4

1. RFP Terms and Procedures................................................................................................ 4

2.1 Definitions .................................................................................................................... 4

2.2 Interpretation ................................................................................................................ 6

2.3 RFP Coordinator .......................................................................................................... 6

2.4 RFP Tentative Timetable ............................................................................................. 6

2.5 Review Information ...................................................................................................... 7

2.6 Clarification and Questions .......................................................................................... 7

2.7 Amendments to the RFP .............................................................................................. 8

2.8 Quotation Submission .................................................................................................. 8

2.9 Clarification of Proponent‟s Quotation .........................................................................10

2.10 Verification of Information ...........................................................................................10

2.11 Entering into Contract .................................................................................................10

2.12 Debriefing ...................................................................................................................11

2.13 Bid Protest Procedure .................................................................................................11

2. Additional Terms and Conditions .......................................................................................11

3.1 Sub-Contracting ..........................................................................................................11

3.2 No Publicity or Promotion ............................................................................................11

3.3 Confidential Information of Seneca .............................................................................12

3.4 Confidential Information of the Proponent ...................................................................12

3.5 Freedom of Information and Protection of Privacy Act ................................................12

3.6 Competition Act ..........................................................................................................13

3.7 Trade Agreements ......................................................................................................13

3.8 Permits, Licences, and Approvals ...............................................................................13

3.9 Intellectual Property ....................................................................................................13

3.10 Rights of Seneca – General ........................................................................................13

3.11 Rights of Seneca – Preferred Proponent .....................................................................15

3.12 Cost of Responding ....................................................................................................15

3.13 Liability for Errors ........................................................................................................15

3.14 Limitation on Liability ...................................................................................................15

3.15 Disputes and Jurisdiction ............................................................................................15

RFP 78-627-SK Seneca College, (Seneca at York Washroom Renovations)

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3.16 Assignment .................................................................................................................15

3.17 Priority of Documents ..................................................................................................16

3.18 Governing Law ............................................................................................................16

3. Evaluation Process and Methodology ................................................................................16

4.1 Evaluation Committee .................................................................................................16

4.3 Evaluation and Selection.............................................................................................16

4.4 Tie Break Process.......................................................................................................16

4.5 Preferred Proponent ...................................................................................................16

4.6 Bias and/or Favouritism ..............................................................................................16

4.7 Quotation Content .......................................................................................................16

4.7.1 Form of Offer ................................................................................................................17

4.7.2 Resources / Team Experience ......................................................................................17

4.7.3 References ...................................................................................................................17

4.7.3 Work Plan ................................................................................................................17

4.7.4 Pricing and Fees ...........................................................................................................17

4.8 Contract Term .............................................................................................................17

4.9 Legal Actions .............................................................................................................18

4.10 Declaration of Conflict Statement ................................................................................18

4.11 Form of Contract .........................................................................................................18

APPENDIX A .........................................................................................................................19

APPENDIX B .........................................................................................................................20

APPENDIX C .........................................................................................................................21

APPENDIX D .........................................................................................................................22

APPENDIX E .........................................................................................................................26

APPENDIX E .........................................................................................................................26

APPENDIX F .........................................................................................................................29


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1.1 Overview of the Work

1.1.1 Proponents to Obtain RFP Only Through MERX

This RFP is available only through MERX. A proponent who has not obtained this RFP through MERX

may have its proposal disqualified unless a third party has requested this RFP from MERX on that proponent's behalf and that proponent has identified the third party on the Proposal Return Label for its proposal. Failure to identify the third party in this manner may result in disqualification of a proposal.

NOTE: Seneca College invites proposals from qualified and experienced vendors to provide Goods and Services for our Seneca locations. Seneca College has the right to negotiate with the preferred proponent. Seneca College shall have the final authority on all matters regarding this Request for Proposal.”

1.1.2 Legal Actions

The Proponent should disclose any pending or threatened legal action against the Proponent or by the Proponent against any third party, which may have an impact on the service proposed by the Proponent.

1.2 Scope of Work

This RFP is issued to renovate washrooms at Seneca at York Campus. The proponent will at their own expense provide all materials and perform all the Works as described herein and shown on the contract drawings, schedules, specifications and all other documents included in this RFP.

All work to be performed as per Seneca drawings and Specifications and related documents attached as Appendix A –Scope of Work and Appendix B – Drawings.

1.3 Timeline

The proponent shall provide a start date and schedule with their tender submission. The proponent shall also detail his proposed construction methods to demonstrate that they have the capability to complete all works within the stipulated time frame. The works shall be substantially completed no later than the 30th of January 2018. Bidders must confirm their ability to meet this date. Proponents that do not provide confirmation in their submission or cannot meet this date will not be considered.

1.3.1 Warranty of Work

a) The Proponent warrants that all services and products supplied are in accordance with the specifications, terms and conditions of the contract agreement. If, in the sole and absolute opinion of Seneca College, contract deficiencies or problems (failure to adhere to the contract specifications, terms and conditions) arise during contract period, the Proponent shall immediately remedy, replace, re-perform or correct the deficiencies at no cost to Seneca College within a time fixed by the College b) If the Vendor fails to respond or remedy, replace, re-perform or correct the contract deficiencies within the time fixed by the College, the College may remedy, replace, re-perform or correct the contract deficiencies, and, any damage arising from it, by whatever means it chooses and the cost of same shall be paid by the Vendor.

1. RFP Terms and Procedures

2.1 Definitions

The following defined terms are used in this RFP:


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“Applicable Law” and “Applicable Laws” means any common law requirement and all applicable and enforceable statutes, regulations, directives, policies, administrative interpretations, orders, by-laws, rules, guidelines, approvals and other legal requirements of any government and/or regulatory authority in effect from time to time. Conflict of Interest: any situation or circumstance where, in relation to the performance of its obligations under the Contract, the Proponent‟s other commitments, relationships or financial interests (i) would or could be seen to exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgement; or (ii) would or could be seen to compromise, impair, or be incompatible with the effective performance of its obligations under the Contract. Contract: The written agreement resulting from this RFP, issued by Seneca and signed by Seneca and the Contractor, which shall be the form identified in Appendix F. Contractor: The preferred Proponent to this RFP who enters into a Contract with Seneca. The Contractor is the “Constructor” for the purposes of, and within the meaning of, the Occupational Health and Safety Act, and shall be deemed to have all of the responsibilities of the Constructor in respect of the work.

Drawings: The drawings set out in Appendix B must / mandatory / shall: A requirement that must be met in order for a Quotation to receive full consideration. Failure to meet a mandatory requirement will result in the Quotation not being considered. Personal Information: recorded information about an identifiable individual or that may identify an individual, but does not include the name, title, contact information or designation of an individual that identifies the individual in a business, professional or official capacity. Proponent: Each company receiving this RFP. Quotation: A quotation to Seneca by a Proponent in response to this RFP. RFP: This Request for Quotation. RFP Coordinator: The person identified at Section 2.3 RFP Coordinator. Seneca: Seneca College of Applied Arts and Technology. should / desirable: A requirement having a significant degree of importance to the objectives of the RFP. Specifications: The specifications set out at Appendix A. Submission Deadline: The date and time in which the quotation must be received. Refer to Section 2.4 RFP Tentative Timetable for details. Unfair Advantage: any conduct, direct or indirect, by a Proponent that may result in gaining an unfair advantage over other Proponents, including but not limited to (i) possessing, or having access to, information in the preparation of its Quotation that is confidential to Seneca and which is not available to other Proponents, (ii) communicating with any person with a view to influencing, or being conferred preferred treatment in, the RFP process, or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the RFP process and result in any unfairness.


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Work: The work set out at Section 1 RFP Objective.

2.2 Interpretation

This RFP shall be interpreted according to the following provisions, unless the context requires a different meaning: a) In construing the RFP, general words introduced or followed by the word “other” or “including” or “in particular” shall not be given a restrictive meaning because they are followed or preceded (as the case may be) by particular examples intended to fall within the meaning of the general words; and b) Unless otherwise indicated, time periods will be strictly applied.

2.3 RFP Coordinator

All enquiries related to this RFP are to be directed to the RFP Coordinator: Sonia Karborani, Senior Buyer Seneca College, Procurement Services Phone: (416) 491-5050 ext.77144 E-mail: [email protected] Proponents that fail to comply with the requirement to direct all communications to the RFP Coordinator shall be disqualified from the RFP process. Proponents are advised that from the date of issue of the RFP through any award notification: a) only the RFP Coordinator is authorized by Seneca to amend or waive the requirements of the RFP pursuant to the terms of this RFP; b) under no circumstances shall a Proponent rely upon any information or instruction from any officer, employee, or agent of Seneca, or any Seneca governing body officer, unless the information or instruction is provided in writing by the RFP Coordinator; and c) no officer, employee, or agent of Seneca, or any Seneca governing body shall be responsible for any information or instructions provided to the Proponent, with the exception of information or instructions provided in writing by the RFP Coordinator.

2.4 RFP Tentative Timetable

The following is a summary of the key dates in the RFP process:

Event Time Location Date

RFP Issue Date Seneca At York Campus October 18, 2017

Mandatory Site Visit Seneca at York Campus, 70 The Pond Road ,Toronto, Ontario M3J 3M6 Security Desk

Wednesday October 25, 2017 @ 3:00 PM

Questions Submitted in Writing before

By E-mail, to Sonia Karborani [email protected]

October 30, 2017 @ 5:00PM

Addenda Deadline

November 2, 2017 @ 5:00PM

RFP Submission Deadline Electronic Submission on Merx November 9, 2017 @ 2:00PM

Anticipated Contract Start Date December 1, 2017

mailto:[email protected]


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Seneca may change any of the above dates and times, including the Submission Deadline, in its sole discretion and without liability, cost, or penalty. In the event a change is made to any of the above dates, Seneca will communicate the change to all proponents. In the event of any change in the Submission Deadline, the Proponents shall thereafter be subject to the extended Submission Deadline.

2.5 Review Information

2.5.1 Examination of Site and Existing Conditions Proponents must visit the site to familiarize themselves with the existing site conditions and take measurements as required. No claims for extras will be considered on account of conditions which were apparent or could have been predicted at the time of submitting a Quotation. The Proponent shall be responsible for locating and verifying the viability of irrigation, natural gas, domestic water, sewers, data and electrical power connections on or adjacent to the site. A mandatory site visit will be scheduled with the Proponents. The date and time of this site visit is indicated in Section 2.4 RFP Tentative Timetable. 2.5.1 Proponent to Review Every Proponent should carefully review the RFP to ensure that it has no reason to believe there are any uncertainties, inconsistencies, errors, omissions, or ambiguities in any part of the RFP. Every Proponent is responsible for conducting its own investigations and due diligence necessary for the preparation of its Quotation. 2.5.2 Proponent to Notify In the event a Proponent has any reason to believe that any of the circumstances listed in Section 2.5.1 (Proponent to Review) exist, the Proponent must notify the RFP Coordinator in writing prior to submitting a Quotation. The RFP Coordinator will then clarify the matter for the benefit of all Proponents. Proponents shall not: a) after submission of a Quotation, claim that there was any misunderstanding or that any of the circumstances set out in Section 2.5.1 (Proponent to Review) were present with respect to the RFP; or b) claim that Seneca is responsible for any of the circumstances listed in Section 2.5.1 (Proponent to Review).

2.6 Clarification and Questions

Proponents must submit questions or requests for clarification by email to the RFP Coordinator, or as may otherwise be directed by the RFP Coordinator. In submitting a request for clarification, a Proponent should include telephone number and email address. Where a question relates to a specific section of this RFP, reference should be made to the specific section number and page of the RFP. Requests for clarification must be submitted prior to the RFP Submission Deadline. Refer to Section 2.4 RFP Tentative Timetable. Seneca will make reasonable efforts to provide Proponents with written responses to questions that are submitted in accordance with this Section and subject to this Section. Questions and answers will be distributed in numbered Addenda to Proponents. In answering a Proponent‟s questions, Seneca will set out the question(s), but without identifying the Proponent that submitted the question(s). Also, Seneca may, in its sole discretion: (a) edit the question(s) for


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clarity; (b) exclude questions that are either unclear or inappropriate; and (c) answer similar questions from various Proponents only once. Where an answer results in any change to the RFP, such answer will be formally documented through the issue of a separate Addendum reflecting that change.

2.7 Amendments to the RFP

Seneca shall have the right to amend or supplement this RFP by way of a written Addenda prior to the Submission Deadline. No other statement, whether written or oral, shall amend this RFP.

Any amendment or supplement to the RFP made in any other manner will not be binding on Seneca.

2.8 Quotation Submission

2.8.1 General Proponents to submit two electronic files:

Mandatory Forms File Format

Appendix D: Form of Offer

1st Electronic File

Response to Section 4.7.2 Resources / Team Experience

Response to Appendix E - Reference

Work Plan

Appendix G: Pricing & Fees 2nd

Electronic File

Submissions shall be submitted on, and in accordance with, forms supplied by Seneca College. All responses are to be submitted to Seneca College through the use of MERX Electronic Bid Submission (EBS). Bidders shall be solely responsible for the delivery of their Bids in the manner and time prescribed. Questions concerning submitting through MERX should be addressed to:

MERX Customer Support

Phone 1-800-964-6379

Email [email protected] RFP Documents and all amendments will be available only through MERX distribution. Any proposal response from a proponent whose name does not appear on the official MERX document request list (.e. who has not downloaded the documents themselves) will be declared invalid, and the proposal response will not be considered. MERX EBS does not allow submissions to be uploaded after the bid submission deadline, so the proponent should ensure they allow plenty of time to upload the documents.

mailto:[email protected]


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Proposals transmitted by facsimile, sent by mail or courier, or by any other electronic means shall not be considered. Notwithstanding anything to the contrary contained in any applicable statute relating to electronic documents transactions, any notice, submission, statement, or other instrument provided in respect of the RFP may not be validly delivered by way of electronic communication, unless otherwise provided for in this RFP. Seneca College reserves the right to make copies of the Proponent‟s Proposals as it may be required for the purpose of conducting a full evaluation of the Proposal submitted. The Proponent should identify and mark any trade secret or proprietary intellectual property in its Proposal. 2.8.2 Receipt Every Quotation received will be date/time stamped at the location referred to in Section 2.8.1 General and a receipt will be provided upon request. 2.8.3 Withdrawal of Quotation A Proponent may withdraw its Quotation only by providing written notice to the RFP Coordinator before the Submission Deadline. A Quotation may not be withdrawn after the Submission Deadline. Seneca has no obligation to return withdrawn Quotations. 2.8.4 Amendment of Quotation A Proponent may amend its Quotation after submission, but only if the Quotation is amended and resubmitted before the Submission Deadline. The Proponent must provide notice to the RFP Coordinator in writing and replace its Quotation with a revised Quotation, in accordance with the requirements of this RFP. Seneca has no obligation to return amended Quotations. 2.8.5 Completeness of Quotation By submitting a Quotation, the Proponent confirms that all of the components required to use and/or manage the Work have been identified in its Quotation or will be provided to Seneca at no additional charge. Any requirement that may be identified by the Proponent after the Submission Deadline or subsequent to signing the Contract shall be provided at the Proponent‟s expense. 2.8.6 Proponent’s Quotations All Quotations submitted by the Submission Deadline shall become the property of Seneca and will not be returned to the Proponents. 2.8.7 Quotation Irrevocability Subject to a Proponent‟s right to withdraw a Quotation in accordance with the procedure described in Section 2.8.3 Withdrawal of Quotation, a Quotation shall be irrevocable by the Proponent for 90 days from the Submission Deadline. 2.8.8 Acceptance of RFP By submitting a Quotation, a Proponent agrees to accept and to be bound by all of the terms and conditions contained in this RFP, and by all of the representations, terms, and conditions contained in its Quotation. 2.8.9 Working Language of Seneca The working language of Seneca is English and all Quotations and communications in connection with this RFP must be in English. 2.8.10 Use of Forms The forms included in this RFP must be used for completion of the Quotation and must be submitted as part of the Quotation. No changes or additions may be made to any such form. 2.8.11 Pricing


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Quotations shall be based on the materials and products specified and shall include all freight, and other anticipated costs. No alternative materials or products other than those specified may be used for the work unless approved by Seneca at the time of award of the Contract or after in writing. Any reductions in costs which are the result of such changes shall be passed on to Seneca. 2.8.12 Discrepancies in Quotations Discrepancies between words and numbers will be resolved in favour of words. Discrepancies between the indicated sum of any column or figures and correct sum thereof will be resolved in favour of the correct sum. Discrepancies between (a) the multiplications of unit price quoted with quantity; and (b) the amount indicated for that item, will be resolved in favour of the correct multiplication amount using the unit price quoted. When a total amount is indicated against a unit price item without the unit price shown, the unit price shall be calculated by dividing the amount quoted with the quantity indicated for that particular item to establish a unit price.

2.9 Clarification of Proponent’s Quotation

Seneca shall have the right at any time after the Submission Deadline to seek clarification from any Proponent in respect of that Proponent‟s Quotation, without contacting any other Proponent. Seneca shall not be obliged to seek clarification of any aspect of any Quotation. Any clarification sought shall not be an opportunity for the Proponent to either correct errors or to change the Proponent‟s Quotation in any substantive manner. Subject to the qualification in this provision, any written information received by Seneca from a Proponent in response to a request for clarification from Seneca may be considered to form an integral part of the Proponent‟s Quotation, in Seneca‟s sole discretion.

2.10 Verification of Information

Seneca shall have the right, in its sole discretion, to: a) verify any Proponent‟s statement or claim made in the Proponent‟s Quotation or made subsequently in an interview, site visit, oral presentation, demonstration, or discussion by whatever means Seneca may deem appropriate, including contacting persons in addition to those offered as references b) reject any Proponent‟s statement, claim or Quotation, if such statement, claim or Quotation is patently unwarranted or is questionable; or c) access the Proponent‟s premises where any part of the work is to be carried out to confirm Quotation information, quality of processes, and to obtain assurances of viability, provided that, prior to providing such access, the Proponent and Seneca shall agree on reasonable access terms, including pre-notification, extent of access, security, confidentiality and the allocation and amount of any costs incurred in connection with such access. The Proponent shall co-operate in the verification of information and is deemed to consent to Seneca verifying such information.

2.11 Entering into Contract

The preferred Proponent shall be required to enter into a CCDC2 with Seneca. The Contract will be signed on or around the anticipated contract start date and no obligation on the part of Seneca shall arise until such time as the Contract is signed (provided that the terms of the RFP shall apply between Seneca and each compliant Proponent).


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The successful proponent is to supply Seneca with three copies of the CCDC 2 Stipulated Price Contract within one week of award and should provide acceptance to the SUPPLEMENTARY CONDITIONS To the CCDC-2 2008 Stipulated Price Contract attached as a separate file (see Appendix F - Form of Contract). Seneca College reserves the right to award the contract in part or in full.

2.12 Debriefing

Not later than 60 Days following the date of posting of a contract award notification in respect of the RFP, a Proponent may contact the RFP Coordinator to request a debriefing from Seneca. Any request that is not received within the foregoing timeframe will not be considered and the Proponent will be notified of same in writing. Proponents should note that, regardless of the time of submission of a request by a Proponent, debriefings will not be provided until a Contract award notification has been posted.

2.13 Bid Protest Procedure

In the event that a Proponent wishes to review the decision of Seneca in respect of any material aspect of the RFP process, and subject to having attended a debriefing, the Proponent shall submit a written protest (“Protest”) to Seneca within 10 Days from such a debriefing. Any Protest that is not received within the foregoing timeframe will not be considered and the Proponent will be notified of same in writing. A Protest shall include the following: a) a specific identification of the RFP provision and/or procurement procedure that is alleged to have been breached; b) a specific description of each act alleged to have breached the RFP provision and/or procurement procedure; c) a precise statement of other relevant facts; d) an identification of the issues to be resolved; e) the Proponent‟s arguments and supporting documentation; and f) the Proponent‟s requested remedy.

2. Additional Terms and Conditions

3.1 Sub-Contracting

The names of all sub-contractors that the Proponent intends to retain (or has retained) to perform work under the Contract must be listed in the Quotation.

3.2 No Publicity or Promotion

No Proponent, including the preferred Proponent, shall make any public announcement or distribute any literature regarding this RFP or otherwise promote itself in connection with this RFP or any arrangement entered into under this RFP without the prior written approval of Seneca. In the event that a Proponent, including the preferred Proponent, makes a public statement either in the media or otherwise in breach of this requirement, in addition to any other legal remedy it may have in law, in equity or within the context of this RFP, Seneca shall be entitled to take all reasonable steps as may be deemed necessary by Seneca, including disclosing any information about a Proponent‟s Quotation, to provide accurate information and/or to rectify any false impression which may have been created.


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3.3 Confidential Information of Seneca

In respect of all correspondence, documentation, and information of any kind provided by or on behalf of Seneca to a Proponent in connection with or arising out of this RFP or the acceptance of any Quotation, the Proponent shall treat such information as confidential and, except as provided otherwise in this RFP, or as may be required by applicable laws, the Proponent shall neither disclose nor divulge such information (except to its employees or advisors who require access to the information for the purposes of this RFP and who are subject to binding confidentiality obligations substantially similar to those set out in this RFP) without the express written permission and consent of Seneca; provided that such obligation shall not include any information that is or becomes generally available to the public other than as a result of disclosure by the Proponent. All such confidential information remains the property of Seneca. Such information must not be used for any purpose other than for replying to this RFP and for the fulfillment of any related subsequent Contract, if applicable. The Proponent agrees to return that information to Seneca upon request. Seneca reserves the right to require any Proponent to enter into a non-disclosure agreement satisfactory to Seneca regarding the confidential information of Seneca or another person related to the RFP.

3.4 Confidential Information of the Proponent

Except as provided otherwise in this RFP, or as may be required by applicable laws, Seneca shall treat each Proponent‟s Quotation (including, but not limited to pricing and product information) and any information gathered in any related process as confidential, and shall neither disclose nor divulge such information (except to its employees or advisors who require access to the information for the purposes of this RFP and who are subject to binding confidentiality obligations substantially similar to those set out in this RFP) without the express written permission and consent of the Supplier; provided that such obligation shall not include any information that is or becomes generally available to the public other than as a result of disclosure by Seneca. During any part of this RFP process, Seneca, or any of its representatives or agents, shall be under no obligation to execute a confidentiality agreement.

3.5 Freedom of Information and Protection of Privacy Act

The Freedom of Information and Protection of Privacy Act (Ontario), applies to records in the custody or control of Seneca, and includes any information provided by Proponents in connection with this RFP. It imposes particular obligations in respect of personal information and establishes a freedom of information regime. 3.5.1 Personal Information Seneca shall treat personal information as follows: Submission of Information – The Proponent should not submit as part of its Quotation any information related to the qualifications or experience of individuals who will be assigned to provide services unless specifically requested. Should Seneca request such information, Seneca will treat this information in accordance with the provisions of this section and will maintain the information for a period of 7 years from the time of collection. Use of Personal Information – Any Personal Information that is requested from each Proponent by Seneca shall only be used to (i) to select the qualified individuals to undertake the Work; (ii) to confirm that the work performed is consistent with these qualifications; (iii) for any audit of this procurement process; and (iv) in the case of the preferred Proponent, for contract management purposes.


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Consent – It is the responsibility of each Proponent to obtain the consent of such individuals prior to providing the information to Seneca. If any Personal Information is disclosed to Seneca by a Proponent, Seneca will consider that the appropriate consents have been obtained for the disclosure to and use by Seneca of the requested information for the purposes described herein.

3.5.2 Freedom of Information Any information provided to Seneca by Proponents in connection with this RFP may be subject to freedom of information requests under the Freedom of Information and Protection of Privacy Act (Ontario), and can only be withheld from disclosure in specific circumstances. A Proponent should identify any information in its Quotation that, if disclosed to any other person, would harm that Proponent‟s competitive position. The confidentiality of such information will be maintained by Seneca, except as otherwise required by law or by order of a court, tribunal, or the Ontario Privacy Commissioner. Generally, only specific portions of a Quotation should be identified.

3.6 Competition Act

Under Canadian law, a Proponent‟s Quotation must be prepared without conspiracy, collusion, or fraud. For more information on this topic, visit the Competition Bureau website at http://www.cb-bc.gc.ca/eic/site/cb-bc.nsf/eng/01240.html, and in particular, part VI of the Competition Act, R.S.C. 1985, c. C-34.

3.7 Trade Agreements

Proponents should note that procurements coming within the scope of either Chapter 5 of the Agreement on Internal Trade or within the scope of the Ontario and Quebec Trade and Cooperation Agreement are subject to such agreements, although the rights and obligations of the parties shall be governed by the specific terms of this RFP. For more information, please refer to the Internal Trade Secretariat website at www.ait-aci.ca/ or to the Trade and Cooperation Agreement between Quebec and Ontario at http://www.marcan.net/assets/trade%20arrangements/Quebec-Ontario%20Trade%20and %20Cooperation%20Agreement%20English.pdf.

3.8 Permits, Licences, and Approvals

Proponents shall obtain all permits (excluding building permits), licences, and approvals required in connection with the supply of the Services. The costs of obtaining such permits, licences, and approvals shall be the responsibility of, and shall be paid for by, the Proponent. Where a Proponent is required by applicable laws to hold or obtain any such permit, licence, and approval to carry on an activity contemplated in its Quotation or in the Contract, neither acceptance of the Quotation nor execution of the Contract by Seneca shall be considered an approval by Seneca for the Proponent to carry on such activity without the requisite permit, licence, or approval. Seneca reserves the rights to obtain permits on their own accord, if deemed necessary.

3.9 Intellectual Property

Other than in connection with compiling and submitting a Quotation, the Proponent shall not use any intellectual property of Seneca, including but not limited to, logos, registered trade-marks, or trade names of Seneca, without the prior written approval of Seneca.

3.10 Rights of Seneca – General

In addition to any other express rights or any other rights which may be implied in the circumstances, Seneca reserves the right to: a) make public the names of any or all Proponents;


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b) request written clarification or the submission of supplementary written information from any Proponent and to incorporate such clarification or supplementary written information into the Proponent‟s Quotation, at Seneca‟s discretion, provided that any clarification or submission of supplementary written information shall not be an opportunity for the Proponent to correct errors in its Quotation or to change or enhance the Proponent‟s Quotation in any material manner; c) waive formalities and accept Quotations that substantially comply with the requirements of this RFP, in Seneca‟s sole discretion; d) check references other than those provided by Proponents; e) disqualify any Proponent whose Quotation contains misrepresentations or any other inaccurate or misleading information, or any Proponent whose reasonable failure to cooperate with Seneca impedes the evaluation process, or whose Quotation is determined to be non-compliant with the requirements of the RFP; f) Without limiting the generality of the preceding reservation, disqualify a Proponent whose Quotation incorporates unfair pricing practices including, without limitation, lowball pricing, gratis proposals or frontloading of costs, as determined by the Purchaser in its sole discretion. g) disqualify any Proponent where that Proponent, or one or more principles or key personnel of that Proponent, have (i) previously breached a contract with Seneca, (ii) otherwise failed to perform to the reasonable satisfaction of Seneca, (iii) been charged or convicted of an offence in respect of a contract with Seneca, or (v) a Conflict of Interest or Unfair Advantage, or where reasonable evidence of any Unfair Advantage or Conflict of Interest is brought to the attention of Seneca; h) disqualify any Proponent that has breached any applicable laws or that has engaged in conduct prohibited by this RFP, including where there is any evidence that the Proponent or any of its employees or agents colluded with any other Proponent, its employees or agents in the preparation of its Quotation; make changes, including substantial changes, to this RFP provided that those changes are issued by way of addenda in the manner set out in this RFP; i) accept or reject a Quotation if only one Quotation is submitted; j) reject a subcontractor proposed by a Proponent within a consortium; k) select a Proponent other than the Proponent whose Quotation reflects the lowest cost to Seneca; l) cancel this RFP process at any stage and issue a new RFP for the same or similar requirements, including where:

(i) Seneca determines that it would be in its best interest not to award a Contract; (ii) the Quotation prices exceed the bid prices received by Seneca in connection with a previous acquisition or procurement of services that are similar to the Services; (iii) the Quotation prices exceed the costs that Seneca would incur by doing the work, or most of the work, with its own resources; (iv) the Quotation prices exceed the funds available for the Services; or (v) the funding for the acquisition of the Services has been revoked, modified, or has not been approved;

and where Seneca cancels this RFP, it may do so without providing reasons, and may thereafter issue a new request for Quotations, request for qualifications, sole source, or take no further action in respect of the matters contemplated by this RFP; m) reject any or all Quotations in its absolute discretion, including where a Proponent has launched legal proceedings against Seneca, or is otherwise engaged in a dispute with Seneca; n) negotiate with the successful Proponent with a view to concluding a contract and to add to or

delete from the proposal made by such Proponent; and

o) The college may verify any statement or claim made by a Proponent by whatever means the

college deems appropriate, including contacting references other than those identified by the

Proponent, and may reject any statement or claim by a Proponent if in the college‟s judgement

the statement or claim is unwarranted or not credible.

p) if determined by the evaluation committee to be appropriate, establish a short list of

Proponents based on the initial phases of the evaluation process, and proceed with the

evaluation of those Proponents selected for the list.

q) to award the items of the RFP in whole or in part to one or more Proponents.

r) to waive informalities.


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3.11 Rights of Seneca – Preferred Proponent

In the event that the preferred Proponent fails or refuses to execute the Contract within 5 business days from being notified that it is the preferred Proponent, Seneca may, in its sole discretion: a) extend the period for concluding Contract, provided that if substantial progress towards executing the Contract is not achieved within a reasonable period of time from such extension, Seneca may, in its sole discretion, terminate the discussions; b) exclude the preferred Proponent‟s Quotation from further consideration and begin discussions with the next highest-ranked Proponent without becoming obligated to offer to negotiate with all Proponents; and c) exercise any other applicable right set out in this RFP, including but not limited to, cancelling the RFP and issuing a new RFP for the same or similar Services. Seneca may also cancel this RFP in the event the preferred Proponent fails to obtain any of the permits, licences, and approvals required pursuant to this RFP.

3.12 Cost of Responding

Proponents are solely responsible for their own expenses in preparing and submitting a Quotation and for subsequent negotiations with Seneca. Seneca will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Quotation, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever.

3.13 Liability for Errors

While Seneca has used considerable efforts to ensure an accurate representation of information in this RFP, the information contained in this RFP is not guaranteed or warranted to be accurate by Seneca, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve Proponents from forming their own opinions and conclusions with respect to the requirements, or verifying or validating the information received from Seneca.

3.14 Limitation on Liability

The Proponent further agrees that if Seneca commits a material breach of this RFP, Seneca‟s liability to the Proponent, and the aggregate amount of damages recoverable against Seneca for any matter relating to or arising from that material breach, whether based upon an action or claim in contract, warranty, equity, negligence, intended conduct, or otherwise, including any action or claim arising from the acts or omissions, negligent or otherwise, of Seneca, shall be no greater than the Quotation preparation costs that the Proponent seeking damages from Seneca can demonstrate.

3.15 Disputes and Jurisdiction

Any action or proceeding relating to this RFP process shall be brought in any court of competent jurisdiction in the Province of Ontario and for that purpose the Proponent irrevocably and unconditionally attorns and submits to the jurisdiction of that Ontario court. The Proponent irrevocably waives any right to and shall not oppose any Ontario action or proceeding relating to this RFP process on any jurisdictional basis. The Proponent shall not oppose the enforcement against it, in any other jurisdiction, of any judgement or order duly obtained from an Ontario court as contemplated by this RFP.

3.16 Assignment

The Proponent shall not assign any of its rights or obligations hereunder during the RFP process without the prior written consent of Seneca. Any act in derogation of the foregoing shall be null and void.


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3.17 Priority of Documents

This RFP and all schedules and appendices form an integral part of this RFP. In the event of any inconsistencies between the terms, conditions, and provisions of the main part of the RFP and the schedules and appendices, the RFP shall prevail over the schedules and appendices during the RFP process.

3.18 Governing Law

The RFP, the Proponent‟s Quotation, and any resulting Contract shall be governed by the laws of Ontario and the federal laws of Canada applicable therein.

3. Evaluation Process and Methodology

4.1 Evaluation Committee

Evaluation of Quotations will be undertaken by senior Seneca staff and other relevant stakeholders.

4.3 Evaluation and Selection

Seneca will be evaluating Quotations against a RFP Evaluation Criteria. Quotations that do not meet the mandatory criteria will be disqualified, subject to the terms of this RFP. Quotations that meet all of the mandatory criteria will then be assessed, evaluated and scored appropriately. See Appendix C for RFP Evaluation Criteria.

4.4 Tie Break Process

Where two or more Quotations achieve a tie score on completion of the evaluation process, Seneca shall break the tie by selecting the Proponent with the lowest price as the Preferred Proponent.

4.5 Preferred Proponent

After identifying the preferred Proponent, if any, Seneca may attempt to finalize the terms and conditions of the Contract with the preferred Proponent, or it may, in its sole discretion, a) prior to making the award, where an immediate need exists, Seneca may issue a purchase order or a letter of intent, on terms satisfactory to Seneca, as an interim measure; and b) Negotiate changes, amendments, or modifications to the preferred Proponent‟s Quotation. For certainty, Seneca makes no commitment to the preferred Proponent that the Contract will be executed. Each Proponent acknowledges that, if it is the preferred Proponent, the commencement of any discussions does not obligate Seneca to execute the Contract.

4.6 Bias and/or Favouritism

Proponents who have previous experience in providing goods / services to Seneca will not be advantaged or disadvantaged by their previous experiences with Seneca whether that experience was positive or negative. All Quotations will be evaluated solely on their content. Seneca will follow an administratively fair process and members will act objectively and in the sole interest of Seneca.

4.7 Quotation Content

The body of the Quotation must include the following separate sections, with the headings shown and in the order presented below. To facilitate the evaluation process all pages that address this requirement must contain the corporate name of the proponent and each of the following sections.


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4.7.1 Form of Offer

Proponent must complete and submit Form of Offer. See Appendix D for details.

4.7.2 Resources / Team Experience

Proponent to provide the following:

a) Proponent‟s Statement of Understanding of the Client‟s Requirements b) A listing of the resources the Proponent will use including but not limited to the lead

contractor, key personnel and best practices. c) The contractor‟s and site supervisor‟s CV, along with a commitment to assign a dedicated

site supervisor to the Work until completed. d) Site supervisor must have relevant supervisory experience of similar scope of work as

outlined in this RFP document. e) Whether the Proponent intends to use agents or subcontractors to perform any part of the

Work, and if so, details on who they are and the Work that the agent/subcontractor shall perform. If the Proponent is not using agents or subcontractors on this RFP, the Proponent should respond by stating not applicable.

Proponent proposal demonstrating related construction experience will obtain higher evaluation scores.

4.7.3 References

Please complete Appendix E.

4.7.3 Work Plan

The Quotation must include a comprehensive description of the planned approach to the Work. In particular, proponents must include:

a) A clear description showing how their approach will assist Seneca in meeting its objectives. b) A full description explaining the approach to manage the Work, including methods used and

analytical techniques for each component of the Work. c) A proposed work plan with calendar dates (i.e. Gantt chart, excel spreadsheet) identifying the

estimated time to complete each component of the Work to meet the anticipated substantial and contract completion date.

d) Information regarding the number of personnel that will be assigned to the Work, including their respective area of responsibility.

e) The work plan shall include the following scheduling constraints as a minimum:

Working hours and working days shall be 7:00am to 7:00pm on week days and 9:00am to

7:00pm on Saturdays and Sundays. Contactor can request permission from Seneca

College for special circumstances (night-time work, etc.) and provide a minimum of 48

hours‟ notice. Contractor to comply with City of Toronto noise bylaws.

4.7.4 Pricing and Fees

All pricing and fees should be quoted as outlined in Appendix G: Pricing & Fees Form.

4.8 Contract Term

Anticipated contract start week of December 1, 2017. Substantial completion is required by January 31, 2018 and the contract will be completed on or before January 10, 2018.


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4.9 Legal Actions

The Proponent must disclose any pending or threatened legal action against the Proponent or any third party, which may have an impact on the availability of accessories or support of the product or equipment or services that being proposed pursuant to this RFP.

4.10 Declaration of Conflict Statement

Proponents must agree to an Unfair Advantage and Conflict of Interest Statement within the Form of Offer included with this RFP.

4.11 Form of Contract

Please refer to Appendix F. The Proponent must identify (i) any clauses in the Contract to which it objects, with an explanation as to the nature of the objection, and (ii) alternate clauses that would be acceptable. A Proponent who submits conditions, options, variations, or contingent statements to the terms set out in the Contract, either as part of its Proposal or after receiving notice of selection, not acceptable by Seneca, may be disqualified.

The Proponent should not submit its own form of Contract or terms and conditions.


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APPENDIX A

Scope of Work & Specifications

For Scope and Specifications, please refer to: Washroom Renovations Seneca @ York 70 The Pond Road North York, On Project Manual attached as a separate file


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APPENDIX B

Drawings

Architectural Site Plan, Key Plan, OBC Matrix & Specification A0.0 Demolition Plans A1.0

Proposed Plans and Schedules A1.1

Interior Elevations A1.2

Details A2.0

Mechanical Mechanical Legend, Schedules and Key Plan M-00

Washroom Plumbing Plans – Demolition & Renovation M-01

Washroom HVAC Plans – Demolition & renovation M-02 Washroom Fire Protection Plans – Demolition and Renovation M-03 Mechanical Room Plan – Demolition M-04 Mechanical Room Plan – Renovation M-05 Mechanical Room Schematics M-06

Electrical Electrical Legend, Drawing List, General Notes and Key Plan E-01 Lighting, Power and Systems Demolition and New Plans E-02

Structural Plans and General notes and Specifications S-1


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APPENDIX C

RFP Evaluation Criteria

RFP EVALUATION CRITERIA WEIGHT

RFP Submission Complete with Mandatory Forms & Information Pass / Fail

REFERENCES 15

RESOURCES / TEAM EXPERIENCE 20

WORK PLAN 25

PRICING & FEES 40

SCORE TOTAL 100


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APPENDIX D

Form of Offer

1. Proponent Information

The full legal name of Proponent is:

Any other relevant name under which the Proponent carries on business is:

The jurisdiction under which the Proponent is governed in:

The name, address, telephone and fax numbers, and email address of the contact person for the Proponent is:

2. Offer

The Proponent has carefully examined the RFP documents and has a clear and comprehensive knowledge of the deliverables required under the RFP. By submitting a Quotation, the Proponent agrees and consents to the terms, conditions and provisions of the RFP, including the Form of Contract, except as otherwise noted, and offers to provide the services in accordance therewith at the prices and fees set out in Appendix G: Pricing and Fees Form.

3. Prices

Proponent has carefully examined the Contract Documents, visited and inspected the site, and taken into account all conditions affecting the Work. The Proponent, the undersigned, hereby offer to furnish all necessary labour, materials, tools, equipment, permits, licenses, allowances, transportation, and duties required to perform expeditiously and complete in a satisfactory manner the Work in accordance with the documents for the prices shown in the Pricing & Fee Form.

The Proponent confirm herewith that the stated amounts include the cost of all permits, licenses, certificates, royalties, custom duties, overhead and profit, insurance premiums and all other charges at the date of Tender and that the sum is not subjected to revisions due to changes in cost or labour, materials or otherwise. Any change requests the maximum profit cannot exceed 10% inclusive of all sub-trades. The Proponent has submitted its Pricing in accordance with the instructions in the RFP and in

the Pricing and Fees Form in Appendix G .

4. Mandatory Forms & Information

The Proponent encloses herewith as part of the Quotation, the mandatory forms as set out below:


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Mandatory Forms

Include in Quotation as set

out in Section 2.8.1

Yes, Enclosed

Appendix D: Form of Offer

1st Electronic File

Response to Section 4.7.2 Resources / Team Experience

Appendix E – References form

Response to Section 4.7.34 Work Plan

Appendix G : Pricing & Fees Form 2nd

Electronic File

5. Addenda and Questions/Answers

The Proponent is deemed to have read and accepted all addenda and question/answer documents issued by Seneca prior to the issuance of the Final Addenda (Addenda Deadline).

The onus remains on the Proponent to make any necessary amendments to its Quotation based on this information.

The Proponent is requested to confirm that it has received all addenda and question/answer documents, if any, by completing the applicable column in the below table:

Addenda and Question/Answers Complete this column by inserting

the number/quantity received:

The number of addenda received =

The number of question/answer documents received =

6. Proposal Irrevocable

The Proponent agrees that its Quotation shall be irrevocable for 90 Days following the RFP Submission Deadline.

7. Disclosure of Information

The Proponent hereby agrees that any information provided in this Quotation, 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 its Quotation to the Seneca‟s advisors retained for the purpose of evaluating or participating in the evaluation of this Quotation.

8. Proof of Insurance


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By signing this Form of Offer, the Proponent agrees, if selected, that it has verified its capability to do so and will provide proof of insurance coverage and a Certificate of Good Standing under the Workplace Safety and Insurance Act (Ontario). The Proponent shall procure and maintain all Risk and Liability Insurance and the requirements set out below: The Proponent shall maintain such insurance or pay such assessments as will protect self, the College and its agents from claims for damage from personal injury, including death, and from claims for property damage, including fire, which may arise from operations under the Contract. Certificates of such insurance shall be filed with the College, and such insurance shall be maintained until the College certifies that the work is complete and shall be with limits of not less than $5,000,000 per occurrence, an aggregate limit of not less than $5,000,000 within any policy year with respect to completed operations, and a deductible not exceeding $10,000. Certificates of Liability Insurance, as set out shall be filed with the College prior to the commencement of work.

9. Workplace Safety and Insurance Board

The Proponent must provide a Work Place and Insurance Board Clearance Certificate prior to the commencement of the work and every 45 days thereafter. The Certificate should name Seneca College of Applied Arts and Technology as the Owner. Proponent shall observe and enforce construction safety measures required by Construction Safety Act of Ontario, Ontario Building Code, Occupational Health and Safety Act, Worker‟s Compensation College and Municipal statutes and authorities. The Proponent shall abide by the „Contractor Safety and Due Diligence – Policy and Procedures‟ for Seneca College.

10. Bonding

A Performance Bond equal to Fifty Percent (50%) and Labour and Materials Payment Bond equal to Fifty Percent (50%) of the Tender sum with a satisfactory Guarantee Surety Company must be identified by the Proponent for a faithful performance of Contract including corrections after final payment.

Eleven months after the date of Substantial Performance, the completed work will be reviewed in the presence of all parties to note any warranty items for correction by the Proponent and that the work is satisfactory to Seneca. Seneca College reserves the rights to remove the bonding requirements upon awarding of Contract and will not be subjected to any additional costs incurred by this action.

11. Unfair Advantage and Conflict of Interest Statement

Prior to completing this Form of Offer, the Proponent is advised to review the definitions of Unfair Advantage and Conflict of Interest set out in Section 2.1 of this RFP.

Conflict of Interest Conflict of

Interest (Yes or no)

If yes, please set out the details of the actual or

potential Conflict of Interest below:

Is there an actual or potential Unfair Advantage or Conflict of Interest, relating to the preparation of its Proposal, or if the Proponent foresees an actual or potential Unfair Advantage or Conflict of Interest in performing the contractual obligations contemplated in the RFP?


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The Proponent agrees to provide any additional information, which may be requested by the RFP Coordinator, in the form prescribed by the RFP Coordinator. Where, in its sole discretion, Seneca concludes that an Unfair Advantage and/or Conflict of

Interest arises, it may, in addition to any other remedy available to it at law or in equity, disqualify the Proponent‟s Proposal, or terminate any Agreement awarded to the Proponent under the RFP.

12. Execution of Quotation

If the Proponent‟s Quotation is selected by Seneca, the Proponent agrees to finalize and execute the Quotation substantially in the form set out in the Form of Contract in accordance with the terms of the RFP.

Signature of Witness Signature of Proponent Representative

Name of Witness Name and Title Date:

I have authority to bind the Proponent


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APPENDIX E

References Form

Proponent must provide three (3) references from organizations similar in size to Seneca for which the Proponent has provided the same or similar scope of work within the past three (3) years. Seneca College, in its sole discretion, will confirm the Proponent‟s experience and or ability to provide the services required and described in its Proposal by checking the Proponent‟s references and the provision of the references by the Proponent is deemed to be consent to such confirmation / contact with the references Seneca College reserves the right to revisit the Proponent‟s evaluation score based on the results of the reference check. One reference provided must include the site supervisor that will be assigned to the project.

Reference #1

Company Name

Company Address

Contact Name

Contact Telephone Number

Contact Email Address

Awarded Contract Value

Date Work Undertaken From: To:

Scope of work


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Reference #2

Company Name

Company Address

Contact Name





Scope of Work

Reference #3

Company Name

Company Address

Contact Name





Scope of Work


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APPENDIX F

Form of Contract

CCDC 2 – 2008 Stipulated Price Contract (Signed Upon Award)

Successful proponent to prepare, copy and issue CCDC 2 contract documents and should provide acceptance to the SUPPLEMENTARY CONDITIONS To the CCDC-2 2008 Stipulated Price Contract attached as a separate file.


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APPENDIX G

Pricing & Fees Form

Proponents are to complete Appendix F (Excel file) and table below.

Proponent Company Name:

1. Demolition

2. Drywall Partitions

Concrete block wall

3. Doors, Frames and Hardware

4. Door operators

5. Glazing (Mirror)

6. Structural

7. Tile and Base

8. Painting and Finishing

9. Millwork

10. Washroom Plumbing Fixtures & Accessories

14. Electrical (Power, Lighting)

15. Mechanical (HVAC)


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16. Mechanical (Plumbing)

17. Final Cleaning

19. Other

20. Other

21. Other

22. Other

23. Other

24. Other

25. Overhead and profit

26. Other

27. Other

28. Other

GRAND TOTAL $0.00