REQUEST FOR QUOTATION DOCUMENT

FOR CONSTRUCTION CONTRACT ADMINISTRATION RETAINER SERVICES

PART A–TERMS OF REFERENCE (Version 1.5, May2016)

Location of the Project

Enter geographical Assignment area

Retainer Assignment Number: XXXX – RET – XXXX

IRegion

Date (Month/Year)

Ministry of Transportation

Ontario

TABLE OF CONTENTS

1.0 GENERAL INFORMATION AND INSTRUCTIONS......

1.1 RFQ Package......

1.2 PROPONENT’S UNDERSTANDING OF THIS ASSIGNMENT......

1.3 FORMAT OF THE QUOTATION submission AND GENERAL INFORMATION...

2.0 RFQ SCHEDULE......

3.0 THE SERVICES......

3.1 Technical Standards and Specifications......

3.2. CONSTRUCTION CONTRACT ADMINISTRATION (CA) SERVICES......

4.0 GENERAL INFORMATION......

4.1 PERFORMANCE EVALUATION - (N/A)

4.2right to accept or reject......

4.3Execution of Contract......

4.4FAILURE TO EXECUTE CONTRACT......

4.5NO LIABILITY FOR EXPENSES OR DAMAGES......

4.6RFQ EVALUATION AND AWARD......

4.7IRREVOCABLE RESPONSE......

4.8CONTACT PERSON......

4.9CHANGES TO THE QUOTATION SUBMISSION......

4.10CONFIDENTIAL RESPONSES......

4.11Conflict of Interest......

4.12Tax Compliance......

4.13OCCUPATIONAL HEALTH AND SAFETY......

4.14Insurance......

4.15WORK ITEM ORDER PROCESS......

4.16Payment for Retainer Services......

RFQ Retainer for CA, Part AAssignment Number:

Version 1.5, May 2016

1.0GENERAL INFORMATION AND INSTRUCTIONS

Definitions

“Ministry” or “MTO” refers to the Ontario Ministry of Transportation.

“RAQS” refers to the Registry, Appraisal and Qualification System.

“Preferred Proponent” is the entity that is selected by the Ministry to enter into the final Agreement.

“Proponent” includes firms qualified in the Prime Specialty for this Assignment that submits or intends to submit a proposal in response to this Request for Quotation (RFQ) prior to the Quotation Submission Deadline.

“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.

“Agreement Administrator” refers to the Ministry’s Agreement Administrator, including the Area Contracts Engineer or Contract Services Administrator.

“Quotation Submission” refers to documents Proponents submit in response to this RFQ.

“Request for Quotation” is the process and documents used to invite Proponents into the bidding process for this Assignment.

“Agreement” means the executed RFQ for this Assignment by the Ministry and the Service Provider.

“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.

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.

Intent of the RFQ

HER MAJESTY THE QUEEN in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") is issuing this RFQ solicitation document, which sets out the Assignment’s Quotation Submission process and terms that will govern the Service Provider’s Performance Evaluation (as specified in Part A Section 4) for the Agreement.

The purpose of this RFQ is to procure Construction Contract Administration Services by:

  • Initiating the process to short-list Proponents.
  • Selecting up to three (3) Proponents to provide Construction Contract Administration Services required within the prescribed time frames during the (X) month period from from date to date(the “Term”).

A Quotation Submission by the Proponents in response to this RFQ is an acknowledgement that the Proponents have the resources available for the Term of this Assignment.

When or if, the Ministry’s need for CA Services for a Work Item arises from time to time during the Term, then the Ministry would issue a Work Item Order (Form 8A), to request Service Provider(s) to submit a Quotation submission to procure CA Services.

The Ministry does not, in any way whatsoever, guarantee that there will be any specific number of individual or any Work Items at all during the Term. The Ministry shall have no liability, whatsoever, to the Service Provider(s) as to the number of Work Items awarded.

The Ministry reserves the right to revise this RFQ up to the Quotation Submission Deadline.

The Ministry reserves the right to modify the schedule, or cancel this RFQ for any reason, without incurring any liability for costs, losses or damages incurred by Proponents.

Any changes or revisions to the RFQ, prior to the Quotation Submission Deadline, will be issued as a formal addendum and posted on the Project Notice for all Proponents to access.

1.1RFQPackage

This RFQ package consists of the following documents:

(a)Part A – Terms of Reference:Describe the acquisition and contract management process for this Assignment.

(b)Part B – Legal Terms and Conditions.

(c)Part C – Forms and Notices that Proponents will be required to complete over the Term of this Assignment, as applicable.

  • Form 1:Offer and Acceptance
  • Form 2: Additional Information for Joint Ventures
  • Form 3: Certification – Conflict of Interest (Part 3(a) OR 3(b), AND Part 3(c))
  • Form 4: Occupational Health and Safety Statutory Declaration
  • Form 5: RAQS Declaration
  • Form 6A*:Fee Schedule – Hourly Billing Rates
  • Form 6B*:Fee Schedule – Blended Hourly Billing Rates
  • Form 6C*:Fee Schedule – Hourly Rates And Expenses
  • Form 7: Checklist of Mandatory Documents required for the Quotation Submission
  • Form 8A:Work Item Order
  • Form 8B*:Work Item Quote
  • Form 8C:Acceptance of Quote
  • Form 8D:Non-Acceptance of Quote

(d)Clarifications/Addenda received by the Anticipated RFQ Clarification Posting Date.

Each Proponent must satisfy itself as to the sufficiency of the information presented and obtain any updating or additional information, and perform any studies, analysis or investigations Proponents deems necessary in order to deliver the requirements of this Contract.

In the event of conflicts or inconsistencies, the documents with the most recent date shall prevail.

The generic RFQ Parts B and C can be downloaded from the RAQS public website.

1.2 PROPONENT’S UNDERSTANDING OFTHIS ASSIGNMENT

It is the Proponents’ responsibility to obtain all the necessary information concerning the intent and requirements of this Assignment and its construction contract(s).

A Proponent who has questions regarding any part of this Assignment including any error(s), inconsistency(ies) or omission(s) must make a written enquiry to the Ministry prior to time on the date, month and year, requesting clarification at the following address:

Assignment No.

GWP/WP Numbers

Attention: Contract Services Administrator Name or Area Contracts Engineer or RAQS Coordinator

E-mail address

Or by facsimile at:(XXX) XXX XXXX

Or by electronic mail to:

Proponents shall not make verbal enquiries to Ministry staff with respect to this Assignment. No information given orally by Ministry staff will be binding, nor will it be construed so as to change the requirements of this RFQ, and will not be a factor in the evaluation of Submissions by the Ministry in any way.

The Ministry reserves the right to distribute questions and answers (Clarifications) to all other Proponents. The Ministry reserves the right to revise this RFQ up to the Proposal Submission Deadline.

The Ministry, at its discretion, will post Clarifications on the RFQ Project Notice by the Anticipated RFQ Clarification Posting Date.

Depending on the nature of the Clarifications, the Anticipated RFQ Clarification Submission Deadline and the RFQ Clarification Posting Date may be revised.

Non-Collusion

Proponents shall not discuss or communicate with any other Proponents about the preparation of their Quotation Submission. Each Proponent shall participate in the procurement process for this Assignment, fairly and without collusion or fraud.

1.3FORMAT OF THE QUOTATION submission AND GENERAL INFORMATION

The Service Provider and sub-Service Provider and Construction Contract Administration staff performing the Services under this Agreement shall be independent Service Providers which are not owned by, in whole or in part, or affiliated with, the construction contractor, a sub-contractor or a supplier of construction material under the construction contract for this Assignment.

Only the Proponents registered for the Registry, Appraisal and Qualification System (RAQS) Prime Specialty, as identified in the RFQ Posting Notice, will be considered. In addition, Proponents must have their Core Plan and their Generic Category Plan registered for the “Construction Administration” Category.

Any Quotation submission requirements for the Work Item Orders under the CA Services Retainer Agreement shall be as described elsewhere in the CA Services Retainer RFQ.

The Quotation submission for this Assignment shall consist of:

1. The two (2) following Envelopes:

Envelope #1 (Fee Schedule) is to include:

  • Three (3) completed and signed copies of the completed Fee Schedule (Form(s) 6A or 6B or 6C) in a sealed envelope clearly marked “Envelope No. 1 Fee Schedule, Confidential”.

Envelope #2 (Technical and Management Information) is to include:

  • Three (3) completed and signed copies of Forms 2, 3, 4, 5, and 7 (of the RFQ Part C).
  • Quotation Submissions shall not exceed [XX] 21.59 cm by 27.94 cm size paper pages in length (excluding staff resumes and promotional materials), using 2.5 cm margins and a minimum ten (10)-point type. Mandatory forms are not included in the overall page limit. Any Quotation Submission exceeding the page limit shall not be considered.
  • At least one (1) signed original copy of the Transmittal Letter indicating:

-The Proponent’s intention to submit a Quotation for this Assignment with the name, title, address and telephone number of the Principal who will serve as the contact for this Assignment.

-Be signed by an individual listed in RAQS as the Proponent’sKey or Alternate Contact with the authority to legally sign a binding Agreement on behalf of the firm.

  • The Service Provider Organizational Structure that includes:

-Legal Name of Business

-Owner(s); Partner(s); Corporate Officer(s)/Title

-Business Address

-Street

-City

-Province

-Postal Code

-Telephone Number

-Facsimile Number

  • Shall conform to the requirements identified in Part A. Any deviations from these requirements shall be clearly identified. The Technical and Management Quotation submission shall contain the following information:

-Identification of the individuals proposed by the Proponent to perform the roles of the positions required, accompanied by a Letter of Consent signed by the individuals, demonstrating that they, at a minimum, meet the qualifications for the position for this Assignment.

-A narrative detailing the number of appropriately qualified staff the Proponent currently has on staff for each of the Project Manager, Road Construction Senior Inspector, Road Construction Junior Inspector, Office Person, and Checker positions.

-A narrative detailing the number of appropriately qualified staff the Proponent would have available with short notice from the Ministry for each of the Project Manager, Road Construction Contract Administrator, Road Construction Senior Inspector, Road Construction Junior Inspector, Office Person and Checker positions during the Term of the retainer agreement.

  • Previous Experience of the Proponent with reference to the retainer description, Deliverables and Services
  • A narrative detailing the Proponent’s general understanding of the retainer process and the tasks, Deliverables and Services required for any individual Work Item Order that the Ministry may request during the Term.
  • Detailed description of the proposed methodology and project approach by major tasks and Deliverables.
  • Schedule for completing the Deliverables and Services.
  • Level of Commercial General Liability Insurance, Errors and Omissions Liability Insurance, Automobile Insurance and Other Insurance Carried by the Service Provider or to be arranged.
  • Proof of compliance that Service Provider is in good standing with WSIB
  • A narrative explaining how the Service Provider would overcome any shortfalls in qualified staff availability during the Term and any individual Work Item Order.
  • The Proponents should clearly indicate any part of the Services described herein that might be subcontracted to other firms.
  • Occupational Health and Safety Plan as detailed in Section 4.13.

In preparing its QuotationSubmission, Proponents must make specific reference in to compliance to the Mandatory Documents as listed in Form 1.

The QuotationSubmission and Envelopes #1 and #2 must clearly indicate the:

  • Envelope number
  • Assignment number
  • Construction contract number
  • Proponent’s name and return address, and deliver to:

Ministry of Transportation

Region

XXXXX Regional Office

Postal Box XXXXX

XXX XXXXX Street

XXXXXXXX, Ontario, XXX XXX

Attention:XXXXXXXXXXXX, Area Contracts Engineer orContract Services Technician or Contract Services Administrator

Assignment No.: XXXX-C-XXXX

Project Description: Construction Contract Administration Services for construction contract XXX-XXXX

For multiple assignments insert instructions and separate lines for each additional construction contracts.

The Quotation Submission must be received at the above specified location no later than theinsert day and date of insert month, insert year, at 1:30:00 p.m.

A Quotation Submission not received by the stipulated closing date and time (Quotation Submission Deadline) will be disqualified. Late Quotation submissionswill not be considered, and will be returned unopened to the Proponent.

The Proponent bears alone the responsibility for the delivery of the Quotation Submission to the above address by the stipulated closing date and time (Quotation Submission Deadline). The Ministry will not be responsible for the Quotation Submissions delivered to the mailroom, security or to any other Ministry locations when they do not arrive at the specified address before the closing date and time.

UnsignedQuotations Submissions or Addenda thereto will be disqualified and not considered for further evaluations by the Ministry.

The Quotation Submission must be in hard copy form. Quotation Submissions received via facsimile transmissions will not be accepted. The time of receipt of the Quotation Submission will be determined by the Ministry's date/time stamp.

Quotation Submission Clarifications by the Ministry

The person identified as the Principal in the Transmittal Letter of the Proponent’s Quotation Submission will be one of the contact persons in RAQS and will be the Ministry’s primary contact for any issues/clarification, which arise during the procurement process.

The Ministry reserves the right to seek Clarification(s) and supplementary information relating to the Clarification from Proponents after the Quotation Submission Deadline. The Ministry reserves the right to interview any or all Proponents to seek Clarification(s).

The Proponent is responsible to provide their written clarification(s) within three (3) Business Days.

The Ministry reserves the right to accept or reject any written Clarification(s) submitted by a Proponent. The purpose of the Clarification(s) is not to alter the content of the original Quotation Submission and/or Maximum Ceiling Price. The response received by the Ministry from a Proponent shall, if accepted by the Ministry, form an integral part of that Proponent's Proposal.

If the Ministry receives information at any phase of the evaluation process which results in earlier information provided by the Proponent, deemed by the Ministry as inaccurate, incomplete or misleading, the Ministry reserves the right to revisit the Proponent’s compliance with the requirements of this RFP and/or adjust the Technical and Management Proposal scores.

2.0 RFQ SCHEDULE

The following schedule is tentative and may change at the discretion of the Ministry without financial consequencesto the Ministry.

Activity / Date / Deadline
RFQ Posting Date / Day / Date *****
Deadline for Proponents to notify the Ministry of Intention to Submit (i.e. submission of Form 6 of Part C) / Day / Date / Time or Not Applicable *****
Anticipated Viewing Session / Distribution of additional material (i.e. when using Form 6) / Day / Date / Time or Not Applicable *****
RFQ Clarification Submission Deadline / Day / Date / Time i.e. 1:30:00 p.m. *****
Anticipated RFQ Clarification Posting Date / Day / Date *****
Quotation Submission Deadline / Day / Date / Time i.e.1:30:00 p.m. *****
Insurance Certificate / Date/time set out in the Conditional Award Letter
Anticipated Award Date / Day / Date *****
Anticipated Assignment Start Date / Day / Date *****

3.0 THE SERVICES

Web-Based Contract Management Services

In 2016, the Ministry of Transportation (“MTO” or “Ministry”) is delivering a suite of Web-Based Contract Management Services that will revolutionize the way that contracts for Construction, Construction Administration and Material Quality Assurance Testing Services are managed throughout the entire contract delivery lifecycle from award to close. External service providers are required to use the new solution to record contract activities and laboratory and field data electronically. This solution will replace a wide variety of paper-based methods of recording contract activities in diaries, spreadsheets and stand-alone databases. WBCMS-MTO for MTO’s Engineering and Maintenance contracts will be delivered in subsequent phases.

For more information on WBCMS-MTO, please visit the WBCMS website.

Definition

Web-Based Contract Management Services (WBCMS or WBCMS-MTO) means a solution that will provide an electronic means to capture field and laboratory data, transmit and store data. The WBCMS offers a complete set of software to support the recording of daily activities associated will all contract administration functions. The Ministry, its external service providers and its contractors will access the new system and its services via an internet browser from their desktop, laptop, tablets and or mobile devices.