RFP Part A – General Terms & Conditions Assignment Number ______
Version 8.1 – May 2016
Request for Proposals
Total Project Management (TPM)
Part A
General Terms and Conditions
Version 8.1
May 2016
Assignment Number: ______
Ministry of Transportation
Ontario
[date]
TABLE OF CONTENTS
Definitions 1
Section 1: General Information and Instructions 4
1.1 The RFP Documents 4
1.2 Relationship between the RFP Documents 5
1.3 Submission of Proposals 5
1.5 Proposal Process Submission 9
1.6 Proposal Process Submission Time Schedule 11
1.7 Proposal Clarifications 11
1.8 Non-collusion 11
1.9 Proposal Evaluation Process 12
1.10 Audits of Service Providers Work 15
1.11 Performance of the Service Provider 15
Section 2: Occupational Health and Safety Plan 17
2.1 Terms of Reference 17
2.2 List of Designated Substances in Ministry Workplaces 18
Section 3: Conflict of Interest 22
3.1 Conflict of Interest 22
Section 4: Insurance Requirements 23
4.1 Terms of Reference 23
Section 5: Technical Standards and Specifications 24
Table 5-2 Standards and Specifications: Construction Contract Administration 31
Section 6: Ministry Work and Reimbursable Services 32
Section 7: Performance Appraisal Forms 34
Section 8: Quality Control 35
8.1 General 35
8.2 Quality Control (QC) Plan Process During Assignment 37
8.3 Special Requirements for Engineering Work 38
RFP Part A – General Terms & Conditions Assignment Number ______
Version 8.1 – May 2016
Definitions
“Functional category” or “Category” refers to the broad disciplines including Advanced Traffic Management Systems, Bridge Engineering, Electrical Engineering, Highway Engineering, Drainage and Hydrology Engineering, Engineering Materials, Environmental, Foundations Engineering, Pavement Engineering, Surveying, Traffic Engineering, Value Engineering, Constructability Review, Transportation (Systems) Planning, Environmental Planning, Highway Planning as listed in the Ministry’s Registry, Appraisal and Qualification System (RAQS).
“Agreement” means the formal written document that will be entered into at the end of the procurement process.
“Contract” means the aggregate of the form of Agreement, the RFP procurement document, including any addenda; (c) the Service Provider’s Proposal Submission; and any amendments executed in accordance with the terms of the Contract.
“Joint Venture” is a collaborative undertaking by two or more firms for which the participant firms are equally (both jointly and individually) responsible.
“Ministry” or “MTO” refers to the Ontario Ministry of Transportation.
“Preferred Proponent” is the entity that is selected by the Ministry to enter into the executed Agreement.
“Principal” is an individual in a firm who possesses the legal responsibility for its management (owner, partner, officer, administrator, etc.). The Principal must be identified by the firm as one of the Key Contact/Alternate Contact in RAQS under General Information.
“Proponent” includes firms qualified in the Prime Specialty for this Assignment that submits or intends to submit a proposal in response to this RFP prior to the specified submission closing dates.
“Proposal” refers to documents Proponents submit in response to this RFP.
“Project Key Staff” is an individual that will perform the key requirements, provide direction, assigns work and carry out the project management functions within the Specialty(ies) and / or for this Assignment on the overall. The Project Key Staff may/ may not be Key Personnel registered in the Ministry’s RAQS.
“RAQS” refers to the Registry, Appraisal and Qualification System.
“RFP” or “Request for Proposal” means the process and RFP documents described in Section 1.
“Service Provider” refers to the successful Total Project Management Service Provider for this Assignment, also identified as the Prime firm under the RAQS Prime Specialty.
“Sub-Service Provider” refers to a firm or individual that has been hired by the Prime firm to perform specific tasks of this Assignment.
“Specialty” refers to a Work Type under a Category in RAQS. Firms are registered under specific specialties in RAQS.
“Specialization” refers to primary technological capability of a Project Key Staff. The academic degree, professional registration, certification and / or extensive experience in a particular field of practice normally reflect an individual’s primary technical expertise or the specialization in that area.
“TPM” refers to Total Project Management.
“Agreement Administrator” refers to the Ministry’s TPM Agreement Administrator, including the Project Manager; or Area Contracts Engineer; or Contract Services Administrator as specified in this RFP.
Accessibility Requirements
Accessibility legislations require adherence to:
1. Ontarians with Disabilities Act (ODA) Section 5, Government Goods and Services. Please refer to the disability section of the OPS Inclusion Lens for more information.
2. Accessibility Standards for Customer Service (ASCS) regulated under the Accessibility for Ontarians with Disabilities Act (AODA), Section 6 (1.1 and 2).
To comply with the AODA accessible customer service training requirements, the Service Provider provides shall require that every employee, agent or volunteer, or other persons associated, with the Service Provider who deals with members of the public or other third parties on behalf of MTO, be trained about provision of goods or services to persons with disabilities.
The Service Provider shall keep records of such training, including the dates on which the training is provided and the number of individuals to whom it is provided, and shall provide documentation of the training to MTO upon request.
These training requirements can be fulfilled by completing the e-Learning course: Serve-Ability: Transforming Ontario's Customer Service.
Section 1: General Information and Instructions
1.1 The RFP Documents
The purpose of the RFP process is for firms to issue Proposals to furnish professional and technical services for this Assignment using the TPM Approach.
The RFP Documents include:
- Part A: General Terms and Conditions
Includes work plans, technical specifications, procurement rules, evaluation and selection process, and related conditions.
- Part B: Terms of Reference (Project Specific)
Includes project specific requirements for this Assignment, including details and requirements for deliverables, schedules, and related details.
- Part C: Forms and Tables
- Legal Terms and Conditions
- Addenda / Clarifications prior to the Proposal Submission closing dates
The RFP Documents will be incorporated into the resulting Agreement for this Assignment.
Proponents can rely on the accuracy of the information provided, within the limitations as stated in Part B Sections 15, 16, 17, 19 and 20 or as otherwise advised by the Ministry prior to the Proposal Submission dates.
Conflicts or Inconsistencies
In the event of conflicts or inconsistencies, documents with the most recent date shall prevail.
Proponents’ responsibility
Proponents must determine the sufficiency of the information presented and identify/obtain any additional information, and perform any studies, analysis or investigations as deemed necessary in order to deliver the requirements of this Assignment.
All requirements including designs, documentation, plans and information viewed or provided to Proponents in connection with this RFP are the property of the Ministry and must be treated as confidential and not used for any purposes other than replying to this RFP and the fulfillment of the contract. Upon request of the Ministry, all original, designs, documents, plans and information shall be returned to the Ministry.
Addenda to the RFP Documents
The Ministry may, in its sole discretion, amend or supplement the RFP Documents prior to Proposal Submission closing dates. The Ministry shall issue changes to the RFP Documents by Addenda only. No other statement, whether oral or written, made by the Ministry shall amend the RFP Documents. Section 1.5.1 outlines the responsibility of Proponents regarding addenda.
1.2 Relationship between the RFP Documents
The Service Provider’s Proposal and this RFP Documents will form the contractual Agreement or contract for this Assignment. This combination will represent the offer and acceptance documents signed by the Ministry and the Service Provider and shall form the contract between the Ministry and the Service Provider.
1.3 Submission of Proposals
Proponents responding to this RFP will submit their Proposals in the three (3) Phases described below:
· Phase I: Project Staffing and Organization
· Phase II: Technical and Financial Proposal
· Phase III and Award
All Proponents approved in the Prime Specialty identified in Part B – Section 11.1 are invited to submit Proposals during Phase I.
Detailed submission of the Proposal requirements for Phases I, II and III shall be in accordance with the project specific details outlined in Part B of this RFP.
The Ministry will complete its Phase I evaluation of Proposals, as outlined in Section 1.9, and will shortlist up to five (5) firms who will be invited for Phase II.
Based on the Phase II selection process, the Ministry will select a firm who will be the Preferred Proponent. Only the Preferred Proponent will submit the Phase III submission requirements.
Each Proposal must be marked on the outside using the following format:
Agreement Administrator (MTO):
Project Name/Location(s):
GWP Number(s):
Assignment Number:
Service Provider's name and address:
Date:
“CONFIDENTIAL”
Phase I Proposals are considered valid for short-listing for a period of six (6) months after the Phase I Proposal Submission due date. In case the short-listing is not completed within the above timeline, the Phase I competition may be cancelled.
Phase II Proposals are valid for ninety (90) days from the Phase II Proposal submissions due date, unless all Proponents explicitly agree in writing to extend their Proposals for a longer period.
Proponents may only submit one (1) Phase I Proposal where they are identified as the Prime firm under the RAQS Prime Specialty listed in Part B - Section 11.1.
A Sub-Service Provider can become a Sub-Service Provider to another Prime firm or to a Joint Venture during the Phase I Proposal process.
All pages of the Proposal (excluding staff resumes) shall have a header clearly indicating the Proponent’s name and Assignment number.
Failure to submit by the time and date specified in Part B, Section 11.2, shall result in disqualification of the Proposal. Late Proposals will not be accepted and will be returned unopened. Each Proponent alone bears the responsibility for delivery of the Proposal to the address in Part B, Section 11.3, by the stipulated closing date and time. The Ministry will not be responsible for Proposals which are delivered to the mailroom, security or to any other Ministry location and which do not arrive at the specified address before the closing date and time. The Ministry offices are open to receive Proposals between 8:30 a.m. and 5:00 p.m. Monday to Friday (excluding Civic Holidays). Proposals will be dated and time stamped upon receipt. All Proposals must be signed in all forms and areas specified. No fax transmissions will be accepted.
Proposals submitted after the submission closing date/time will be returned unopened to the respective Proponent. No alteration to the Proponent’s Proposal will be accepted after the Proposal Submission due date, except as provided for herein. A Proposal may be withdrawn by a Proponent by means of a written request delivered to the address listed in Part B, Section 11.3 prior to the Proposal Submission’s due date and time (hh : mm : ss).
Subcontracting services by the Service Provider
In submitting a Proposal, the Service Provider may not subcontract the following services, which must be provided by the Service Provider:
· Project Management for this Assignment
· Quality Control for this Assignment
Sub-contracting by the Service Provider shall not be construed to relieve the Service Provider from any obligation under this Assignment or impose any liability upon the Ministry. Nothing contained in the assignment documents between the Service Provider and its sub-service provider, shall create a contractual relationship between a Sub-Service Provider and the Ministry.
Requirements from the Joint Venture
“Joint Venture” is a collaborative undertaking by two or more firms for which the participant firms are equally and fully (both jointly and individually) responsible. A Joint Venture is limited to one (1) Phase I Proposal. A firm in a Joint Venture may form a Joint Venture with another firm and can provide a Proposal under that Joint Venture. For a Joint Venture, the following information must be provided:
· Undertaking that the Service Providers in a Joint Venture will be working as equal partners for the purposes of this Assignment.
· Specialties / areas of work that each individual Service Provider will be responsible for.
· Lead firm for the Ministry contact for the purposes of this Assignment. The Ministry will deal with the Lead firm on the contractual matters.
· Name, title and telephone number of the Principal of the Lead firm who will serve as the Contact for the project. The Principal must have been identified as one of the Contacts / Alternate Contacts in RAQS and empowered to sign the Agreement with the Ministry and make decisions on behalf of the for the Service Provider firm on contractual matters.
· As a minimum, one firm among the Joint venture firms is approved in RAQS for the Prime Specialty identified in Part B – Section 11.1 and the Key Personnel approved for that Specialty are currently available within the firm. The Prime firm is approved in at least the Prime Specialty.
· The firm approved in RAQS in the Prime Specialty has their Quality Control Core Plan approved in RAQS. The same firm has an approved Quality Control Generic Category Plan in RAQS for the Category where the Prime Specialty for this Assignment is located.
· Where the Quality Control Core and Generic Category Plans of any Sub-Service Providers for this Assignment are not already approved, the Lead firm undertakes to submit their QC Core, Generic Category and Supplementary Specialty Plans.
· Each Service Provider firm in a Joint Venture is responsible for the delivery and quality of work for the purposes of this Assignment.
· The lead Service Provider firm is responsible to administer the accepted Quality Control Plan, including the Plans for all Categories. The lead Service Provider firm is responsible for timely submission of all Plans required and the Milestone Quality Reports (Quality Audit) to the Ministry’s Project Manager.
· At the award of an Assignment, the Agreement Offer shall be signed by and shall be binding on all firms in a Joint Venture. All provisions and obligations of the Agreement shall apply equally to all Joint Venture Service Provider firms. All Service Providers shall receive the same performance appraisal score. In case of a breach of the Agreement, all the Service Providers may receive an infraction and related sanction.
· Both firms in a Joint Venture are responsible for a completed and signed Declaration for No Conflict Of Interest.