request for proposals for - raqsb.mto.gov.on.ca · request for proposals defining the proposal and...

Request for Proposals

Total Project Management (TPM)

for

Bridge Engineering Services

Template Version 7.5 – June 2011

Group Work Project Number: _________________ Contract Number: _________________

[Insert date]

Ministry of Transportation Ontario

Request for Proposals Template– Version 7.5 Assignment Number ______________ Bridge Engineering - June 2011

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TABLE OF CONTENTS

Section A: General Information and Instructions ........................................................................................ 1 A.1 Intent of the RFP .......................................................................................................................... 1 A.2 RFP Documents ........................................................................................................................... 1 A.3 Relationship between RFP Documents ........................................................................................ 1 A.4 Proposal Process ......................................................................................................................... 2 A.5 Proposal Time Schedule .............................................................................................................. 3 A.6 Submission of Proposals .............................................................................................................. 3 A.7 Joint Venture ................................................................................................................................ 4 A.8 Clarifications ................................................................................................................................ 5 A.9 Non-collusion ............................................................................................................................... 5 A.10 Proposal Evaluation Process and Award...................................................................................... 5 A.11 Payment for TPM Services ........................................................................................................... 7 A.12 Audits of Service Providers Work ................................................................................................. 8 A.13 Performance of Service Provider .................................................................................................. 8 A.14 Dispute Resolution ....................................................................................................................... 8 A.15 Proposal Documents to Be Submitted .......................................................................................... 9

Section 1: Project Description .................................................................................................................... 9 1.1 Terms of Reference ................................................................................................................... 10

Section 2: Project Schedule ..................................................................................................................... 11 2.1 Terms of Reference ................................................................................................................... 11 2.1.1 Detail Design Assignments ................................................................................................. 11 2.2 Proposal Instructions .................................................................................................................. 13

Section 3: Management Plan ................................................................................................................... 14 3.1 Terms of Reference ................................................................................................................... 14 3.2 Proposal Instructions .................................................................................................................. 14

Section 4: Planning Plan - N/A ................................................................................................................. 15

Section 5: Preliminary Design Plan - N/A ................................................................................................. 15

Section 6: Detail Design Plan ................................................................................................................... 16 6.1 General ...................................................................................................................................... 16 6.1.1 Terms of Reference ............................................................................................................ 16 6.1.2 Contract Package and Design Documentation – N/A .......................................................... 18 6.1.3 Proposal Instructions ........................................................................................................... 18 6.1.3.1 Project Overview ................................................................................................................. 19 6.1.3.2 Functional Work Plans ........................................................................................................ 20 6.2 Advanced Traffic Management Systems - N/A .......................................................................... 21 6.3 Bridge Engineering ..................................................................................................................... 22 6.3.1 Terms of Reference ‘General’ - N/A ................................................................................... 22 6.3.2 Terms of Reference ‘Project Specific’ ................................................................................. 22 6.3.4 Reference Documents ........................................................................................................ 29 6.3.5 Proposal Instruction ............................................................................................................ 30 6.4 Drainage and Hydrology Engineering - N/A ................................................................................ 31 6.5 Electrical Engineering - N/A ...................................................................................................... 31 6.6 Engineering Materials Investigations - N/A ................................................................................. 31 6.7 Environmental - N/A ................................................................................................................... 31


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6.8 Foundations Engineering - N/A .................................................................................................. 31 6.9 Highway Engineering - N/A ........................................................................................................ 31 6.10 Pavement Engineering - N/A ...................................................................................................... 31 6.11 Surveying & Plan Preparation – N/A .......................................................................................... 31 6.12 Traffic Engineering – N/A ........................................................................................................... 31 6.13 Value Engineering - N/A ............................................................................................................. 31 6.14 Constructability Review Plan - N/A ............................................................................................. 31 6.15 Additional Biddable Work ........................................................................................................... 32 6.15.1 Design Support and Liaison during Construction ................................................................ 32 6.15.2 Additional Biddable Work Items .......................................................................................... 32

Section 7: Construction Contract Administration Plan – N/A..................................................................... 32

Section 8: Engineering Materials Testing And Evaluation Services - N/A ................................................. 32

Section 9: Innovation Plan ........................................................................................................................ 33 9.1 General ...................................................................................................................................... 33 9.2 Proposal Instructions .................................................................................................................. 34

Section 10: Quality Control ....................................................................................................................... 35 10.1 General ...................................................................................................................................... 35 10.2 Quality Control (QC) Plan Process During Agreement ............................................................... 36 10.2.1 Prior to Signing Legal Agreement ....................................................................................... 36 10.2.2 During Agreement ............................................................................................................... 37 10.3 Special Requirements for Engineering Work .............................................................................. 37

Section 11: Occupational Health and Safety Plan .................................................................................... 38 11.1 Terms of Reference ................................................................................................................... 38 11.2 Proposal Instructions .................................................................................................................. 38 11.3 Statutory Declaration .................................................................................................................. 40 11.4 Notice to Service Providers ........................................................................................................ 41 11.5 List of Designated Substances in Ministry Workplaces .............................................................. 41 11.6 MOL ORDERS ........................................................................................................................... 42

Section 12: Conflict of Interest .................................................................................................................. 43 12.1 Conflict of Interest (Proposal Format) ......................................................................................... 43 12.2 Certification - No Conflict Of Interest .......................................................................................... 44 12.3 Certification - Conflict Of Interest ................................................................................................ 45 12.4 List of People Who Participated In Preparation of the Proposal Document ................................ 47 12.5 List of Former OPS Employees .................................................................................................. 48

Section 13: Tendered Contract Tax Compliance ...................................................................................... 49

Section 14: Financial Proposal ................................................................................................................. 51 14.1 Terms of Reference ................................................................................................................... 51 14.2 Proposal Format ......................................................................................................................... 52 14.3 Proposal Forms .......................................................................................................................... 53 Payment Schedule Forms ........................................................................................................................ 55 Form 14-1: Summary of Project Lump Sum Prices for Planning - N/A ...................................................... 55 Form 14-2: Summary of Project Lump Sum Prices for Preliminary Design - N/A ...................................... 55 Form 14-3: Summary of Project Lump Sum Prices for Bridge Engineering .............................................. 56 Form 14-4: Summary of Lump Sum Prices for Engineering Materials Testing - N/A ................................ 61


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Section 15: Insurance Requirements ........................................................................................................ 67 15.1 Terms of Reference ................................................................................................................... 67

Section 16: Technical Standards and Specifications ................................................................................ 69 16.1 Detail Design Assignments ........................................................................................................ 69 16.2 Construction Contract Administration – N/A ............................................................................... 73

Section 17: Ministry Acceptance/Approvals .............................................................................................. 74 17.1 Planning, Preliminary Design and Detail Design Assignments - N/A ......................................... 74 17.2 Construction Contract Administration – N/A ............................................................................... 75

Section 18: Ministry Work and Reimbursable Services ............................................................................ 76

Section 19: Draft Service Provider Performance Appraisal Forms ........................................................... 77

Section 20: Referee Process .................................................................................................................... 78

APPENDIX “A” - Detailed List of Structures ............................................................................................ 88

APPENDIX “B” - Sign-off Letter for Service Provider Bridge Inspections ................................................ 89

APPENDIX "C" - OBMS Input Screens ................................................................................................... 93 PART A – INITIAL INVENTORY DATA .................................................................................................... 94

APPENDIX "D" - Sample Summary Action Report ................................................................................ 108

APPENDIX "E" - Storage Of Structure Inspection Photographs On CD ................................................. 109

APPENDIX "F" - Form AE1 .................................................................................................................... 111

APPENDIX "G" - Protocol For Lane And Ramp Closure Notification ...................................................... 115

APPENDIX "H " - Inspection Times ........................................................................................................ 119

APPENDIX "HI" - Bridge Accessibility Plans .......................................................................................... 119


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Section A: General Information and Instructions

A.1 Intent of the RFP

The purpose of the Request for Proposals (RFP) is to initiate the process for short-listed companies to submit a Proposal for furnishing all professional and technical services for the Detail Design using the “Total Project Management (TPM) Approach”. In general terms, the project/contract includes the resurfacing of XX km of Highway XX. The project/contract includes pavement rehabilitation, frost heave treatments, drainage improvements, illumination, and replacement of XX structures. The more detailed description of the Project scope and related requirements are set out in Sections 1 and 6 of this RFP.

A.2 RFP Documents

This RFP package consists of the following documents: 1. Request for Proposals defining the proposal and selection process, the Project scope and criteria

for the performance of services; 2. Preliminary project data/plans available from the Ministry, which collectively constitute the

Reference Documents and consist of the documents listed within Section 6 of this RFP. 3. The Generic TPM Legal Agreement will be available upon request. The project data/plans are available for viewing and/or pickup at the Ministry offices located at XXXXXXXXXXXXXXX which also constitute part of the Reference documents and consists of the documents listed below or within Section6of this RFP. The Reference Documents set forth the background and basic configuration of the Project. The Service Providers can rely on the accuracy of the available information provided within the limitations contemplated therein and any other limitations stated in Section 6 or as otherwise advised by the Ministry prior to the closing of RFP: Proposal Due Date.

Each Service Provider 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 the Service Provider deems necessary in order to deliver the requirements of this Project/Contract. In the event of conflicts or inconsistencies among the Reference Documents, documents with the most recent date shall prevail. All requirements, designs, documentation, plans and information viewed or obtained by the Service Provider in connection with this RFP are the property of the Ministry and must be treated as confidential and not used for any purpose other than replying to this RFP and the fulfillment of any resulting Agreement. Upon request of the Ministry, all such designs, documents, plans and information shall be returned to the Ministry.

A.3 Relationship between RFP Documents

The submission requirements of the RFP are defined in Sections 2 through 20. The response to the RFP is structured to consist of a number of Plans describing the Service Provider’s approach, and the


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proposed Project Schedule. Each Section and proposed Plan are numbered to correspond with the Schedules to the TPM Legal Agreement (sometimes referred to throughout this document as the “TPMA”), listed in Section 1.4 of the TPMA. Upon selection of the successful Proposal, selected components from the RFP document and the Proposal response will be appended to the TPMA. The sections so noted throughout this RFP, and the proposed Plans submitted by the Service Provider will become the Schedules to the TPMA. This combination will then represent the document signed by the Ministry and the successful Service Provider.

A.4 Proposal Process

The Service Provider shall submit its Proposal for performing the TPM Services on the basis of the requirements of the RFP for Bridge inspection and upon the Service Provider's further investigations and careful consideration of the project, the content of the Reference Documents supplied by the Ministry and those referenced in the RFP Documents. Each Service Provider shall be solely responsible for examining all the RFP documents, including any addenda issued during the Request for Proposals period, and shall be deemed to have satisfied itself of the sufficiency of its Lump Sum Price for the TPM Services. Each Service Provider shall review all the RFP documents, and shall promptly report and request clarification of any discrepancy, deficiency, ambiguity, error, inconsistency or omission contained therein. Any such request must be submitted to the Ministry in writing, prior to

Insert hour, insert date

Addressed to:

Ministry of Transportation Northwestern Region Planning & Design Section 615 South James Street Thunder Bay, Ontario P7E 6P6 Fax: (807) 473-2168 Attention: _____________, P. Eng. TPM Agreement Administrator

Where such a request results in a change to the requirements of this RFP, the Ministry will prepare and issue an addendum to this RFP. The Ministry reserves the right to distribute copies of any or all questions and responses to all Service Providers. The Ministry will distribute to all Service Providers all questions and responses regarding discrepancies or lack or clarity in the RFP. It is not the intent of the Ministry to distribute to all Service Providers information on what the Ministry considers to be innovative ideas put forward by a Service Provider. Service Providers shall not make verbal inquiries of Ministry staff with respect to this RFP. Information given orally by Ministry staff will not be binding on the Ministry, nor will it be construed as a factor in the evaluation of the Proposals. The Ministry reserves the right to revise the RFP up to the Proposal Due Date. All Proposals shall be prepared by and at the expense of the respective Service Provider.


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Staff changes by the successful Service Provider during the Detail Design will require written approval from the Ministry, prior to any such change. The qualifications and experience of the proposed staff must be equivalent or better to the staff proposed at the EOI and RFP phases. Failure to comply may result in the termination of the assignment.

A.5 Proposal Time Schedule

The Ministry reserves the right to modify the schedule, or cancel this RFP for any reason without incurring any liability for costs, losses or damages incurred by any company invited to participate in the Proposal phase. The anticipated schedule for the Request for Proposals phase of the Project is as follows:

Insert date - Distribution of RFP Documents Insert date - Request for Clarifications (As per A.4)

Insert date - Closing of RFP: Proposal Due Date.

Insert date - Anticipated Start Date (Signed Agreement)

All Proposals shall be valid for ninety (90) days following the Proposal Due Date. The Lump Sum Price(s) is valid for a period of ninety (90) days only unless all Service Providers explicitly agree to extend their Lump Sum Price(s) for a longer period. Otherwise, all Service Providers may be requested to resubmit the Financial Proposal.

A.6 Submission of Proposals

Proposals consisting of six(6) copies of the Technical & Management Proposal (marked Envelope #1) and one (1) copy of the Financial Proposal (marked Envelope #2) must be submitted in accordance with Sections 2 through 20. The Ministry will receive proposals no later than 1:30:00 p.m. Eastern Standard Time on insert date at the following address:

Ministry of Transportation Northwestern Region Planning & Design Section 615 South James Street Thunder Bay, Ontario P7E 6P6 Attention: _____________, P. Eng. TPM Agreement Administrator

Failure to submit by the time and date specified would result in disqualification of the submission. Late submissions will not be accepted and will be returned unopened. The Service Provider alone bears the responsibility for delivery of the submissions to the above address by the stipulated closing date and time. The Ministry will not be responsible for submissions 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. Each Proposal package must be marked on the outside with the following:


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TPM Agreement Administrator (MTO) __________________ Project Location __________________ GWP Number __________________ Contract Number __________________ Service Provider's name and address __________________ Signature (Company Authority) __________________ Date __________________ “CONFIDENTIAL” All pages of the proposal (excluding staff resumes) shall have a header clearly indicating the Service Provider’s Name and the Contract Number. The Ministry office is open to receive proposals between 8:15 a.m. and 4:30 p.m. Monday to Friday (excluding Civic Holidays). Proposals will be dated and time stamped upon receipt. It is each Service Provider's sole responsibility to see that its Proposal is received on time. Any proposals submitted after the submission closing date/time will be returned unopened to the respective Service Provider. All proposals must be signed. No fax transmissions will be accepted. The Service Provider proposal must be accompanied with a transmittal letter. A transmittal letter must be signed by the individual in a firm with the signing authority and listed in RAQS as the Contact or Alternate Contact person. The person identified as the Principal in the Transmittal Letter of the TPM Service Provider’s RFP 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 proposal process. Should the Principal of the TPM Service Provider have a designated contact, the Ministry shall be advised in the Proposal. A Service Provider may only submit one proposal for this RFP indicating the Service Provider as the Prime Service Provider. No alteration to the Service Provider’s Proposal will be accepted after the Proposal Due Date, except as provided for herein. A Proposal may be withdrawn by the Service Provider by means of a written request delivered to the above noted address prior to the Proposal Due Date.

A.7 Joint Venture

For a Joint Venture involving more than one service provider, the following information provided at the EOI Stage must be reaffirmed: Undertaking that the Service Providers will be working as Joint Venture for the purposes of the assignment. For the purposes of an assignment, a Joint Venture is treated as equal partnership between the Service Providers; Specialties / areas of work that each individual Service Provider will be responsible for; Lead Service Provider for Ministry contact for the purposes of assignment. For the purposes of the assignment, the Ministry will deal with the Lead Service Provider as the Ministry Contact; Name, title and telephone number of the Principal within the Lead Service Provider, to serve as the Contact for the project. The Principal must have been identified as the Contact in RAQS and empowered to sign Legal Agreement with the Ministry and make decision for the Service Provider on policy and contractual matters;

Where the Core and Generic Category Plans of Sub-Contractors are not already registered, the Lead Service Provider undertakes to submit such Core, Generic Category and Supplementary Specialty Plans;


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Each Service Provider in a Joint Venture is totally and equally responsible for the quality control of all aspects of the assignment, including the work of the Sub-Contractors; and The Lead Service Provider is responsible to administer the accepted Quality Control Plan, including the Plans for all Categories. The lead Service Provider is responsible for timely submission of all Plans required and the Milestone Quality Reports (Quality Audit) to the Ministry project manager. At the award of an assignment, the Legal Agreement shall be signed by and shall be binding on all Service Providers. All provisions and obligations of the Legal Agreement shall apply equally to all Joint Venture Service Providers. All Service Providers shall receive the same performance appraisal. In case of a breach of an agreement, all the Service Providers may receive infraction report/penalty. Both Service Providers are responsible for a completed and signed Declaration for No Conflict Of Interest.

A.8 Clarifications

The Ministry reserves the right to seek clarification and supplementary information relating to the clarification from proponents after the Proposal Due Date. The Service Provider 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 Service Provider. The purpose of clarification(s) is not to alter the content of the original submission and/or Lump Sum 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. In the event that the Ministry receives information at any stage of the evaluation process which results in earlier information provided by the proponent being deemed by the Ministry to be inaccurate, incomplete or misleading, the Ministry reserves the right to revisit the proponent’s compliance with the Mandatory Requirements and/or adjust the scoring of the proposal. The Ministry reserves the right to interview any or all proponents to obtain information about or clarification of their proposals.

A.9 Non-collusion

A Service Provider shall not discuss or communicate with any other Service Provider about the preparation of their Proposals. Each Service Provider shall participate in the RFP process fairly and without collusion or fraud.

A.10 Proposal Evaluation Process and Award

The Proposal submission is to consist of two (2) envelopes as described in Section A.15. Envelope #1 will contain the Technical and Management Proposal and Envelope # 2 will contain the Financial Proposal. In case of the submission of an Innovation Proposal(s), additional envelopes will be required. Upon receipt of each Proposal submission, the Ministry will separate the two (2) envelopes. The Financial Proposals will remain sealed until the Technical and Management evaluations are completed. Each submission will first be examined to determine if it meets the mandatory requirements (i.e., has the


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information been submitted in the manner specified in Section A.15 and all the requirements of Sections 2 through 20 have been satisfied). A determination of non-compliance (omitted or unacceptable items) may result in disqualification of the submission from further consideration, in which case the Financial envelope will be returned to the Service Provider unopened. The Service Provider understands and agrees that the Ministry may, if deemed necessary, verify any information provided in any proposal. It must be clearly understood that if there is any evidence of misleading or false information having been given, the Ministry may, in its sole discretion, reject the proposal. Each Technical and Management Proposal will be scored in accordance with the following relative weighting:

Schedule/Plan Maximum Score

Required Minimum Score

Schedule Number (Section 1.4 of the

TPMA)

Project Schedule 80 35 2

Management Plan

220 100 3

Bi-ennial Inspections Bridge Engineering Visual Inspection

480

225

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Project Overview 220 100

Occupational Health and Safety Plan PASS/FAIL 11

TOTAL SCORE 1000 460

The individual components within each plan/schedule will be reviewed and scored based on the following: 0 = does not meet requirements 4 = meets requirements 7 = exceeds requirements 10 = exceptional If a Proposal does not meet the Technical & Management requirements (i.e., scored below the Minimum Score as described in the above Table), the Service Provider will be disqualified and the Financial Envelope will be returned unopened. Where the results of the Technical and Management Proposal evaluation indicates an acceptable submission, the Financial Proposals pertaining to that submission will be opened. The Financial Envelopes of qualified submissions will be examined to confirm mandatory requirements (i.e., has the information been submitted in the manner specified in Section A.15) have been met. A determination of non-compliance may result in the disqualification of the submission from further consideration. The qualified Proposals will be evaluated based on a weighting of 40% for the Technical and Management Proposal, 50% for the Service Provider’s Corporate Performance Rating (CPR) and 10% for the Service Provider’s Total Competitive Cost. Each of the criteria indicated above are rationalized out of 100 points, multiplied by the relative weights and summed to provide an overall scoring for each Service Provider. The selection is on the basis of overall score and ranking. Prior to signing the legal agreement, any additional clarifications required of the Proposal will be resolved with the Service Provider


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The award of an assignment to a successful bidder is subject to the Ministry approvals required. The acceptance of a proposal and the award of this assignment will be made in writing and only in writing. The successful Service Provider will be required to enter into and duly execute a written contract with the Ministry in the form attached hereto or referenced herein within seven (7) Business Days or such longer time period as is referred to in the written notice given by the Ministry that the contract is ready for execution.

The successful Service Provider shall submit to the Ministry, the Quality Control of TPM Services Plan as described in Section 10. In the event that a successful Service Provider fails to enter into and duly execute the written contract within the prescribed time, the Ministry reserves the right, at its sole discretion, exercising reasonably, to award the Assignment to another Service Provider, not to accept any proposal, or to call for a new proposal, and the defaulting Service Provider shall be liable for all losses, damages, costs and expenses (including consequential losses and damages, and legal fees on a solicitor and client basis) suffered or incurred by the Ministry as a direct or indirect result thereof, including but not limited to any increase in the price of performance over the price submitted by the defaulting Service Provider in its proposal.

Once a TPM Legal Agreement has been signed, the Ministry will, if requested and as time and resources permit, may debrief each Service Provider relative to its submission and evaluation results (Technical and Management Component). The Ministry will consider all proposals as confidential. The Ministry will, however, have the right to make copies of all proposals received for its internal review process. Any innovative ideas expressed in any unsuccessful proposal shall be considered proprietary to the respective Respondent. In the event that any proposal is not accepted, the Ministry will not be liable for any costs or damages incurred by any Service Provider including, without limitation, any expenses incurred in the preparation and submission of the proposal.

A.11 Payment for TPM Services

The payment for TPM Services is described in Section 14. As part of the Financial Proposal, the Service Provider shall submit the: PAYMENT SCHEDULE FORM FORM 14-3: SUMMARY OF PROJECT LUMP SUM PRICES FOR DETAIL DESIGN

FORM 14-3-A TO 14-3-M: PRICE BREAKDOWN TABLES FOR INDIVIDUAL CATEGORIES FORM 14-4: SUMMARY OF LUMP SUM PRICES FOR ENGINEERING MATERIALS TESTING FORM 14-4-A: ENGINEERING MATERIALS FIELD TESTING PRICE REFERENCE FORM 14-4-B: ENGINEERING MATERIALS LABORATORY TESTING PRICE REFERENCE

These documents, which comprise the “Payment Schedule” set out in Section 14, will become Schedule 10 to the TPMA. Note: The itemized price breakdown forms (14-3-A to M) shall be submitted as a separate document within envelope #2. The preliminary major item quantities, defined in Section 14, shall be used by the Service Provider to estimate the cost of the Engineering Materials Testing and Evaluation. These estimated costs will be used for evaluating and comparing proposals. Payment for testing will be based on the actual number of tests performed and the unit test prices as described in Section 14.


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A.12 Audits of Service Providers Work

Any audits performed pursuant to Article 3 of the Legal Agreement will be used in the assessment of the TPM Service Provider’s performance. The Ministry, or its delegate, reserves the right to visit the office of the TPM Service Provider or Sub-Contractor(s), including laboratory-testing facilities, to conduct an independent audit of the work currently completed. The TPM Service Provider shall maintain Assignment records in accordance with Section 11.4 of the TPMA. The TPM Service Provider will make Assignment records available to the ministry staff at the time of such audits. Any audits performed may be used in the assessment of the Service Provider’s Performance. Any audits performed may be used in the assessment of the Service Provider’s Performance. Results of an audit, if found unsatisfactory, may impact the Service Provider's eligibility to perform future work for the Ministry.

A.13 Performance of Service Provider

The Ministry will monitor the timeliness and quality of the services/deliverables over the course of this assignment. The monitoring may involve items such as adherence to technical standards, value for money, adherence to the Quality Control of TPM Services Plan and the Terms of References. Effective January 1, 2001, the Ministry has implemented performance based selection approach for Engineering and Related Services assignments. Past performance is applied in the selection of Service Provider for future work. . The Service Provider will receive performance feedback and performance appraisal(s) for an assignment. An appraisal may be Interim, Annual or Final. An Assignment with a duration of less than two years will receive a Final Appraisal An Assignment with a duration of two – to two and a half years will receive an Interim and Final Appraisal An Assignment of a duration greater than two and a half years will receive Annual and Final Appraisal Upon receipt of Interim, Annual or Final Appraisal from the Ministry, the Service Provider will be allowed twenty-one (21) calendar days to sign and concur with the final appraisal or request a review. If the Service Provider does not respond within the twenty-one (21) calendar day deadline, the appraisal as issued will be considered approved. Only the approved Interim, Annual and Final appraisals will be applied in CPR. Separate performance appraisals will be issued for the design and construction administration components of a combined TPM assignment (Detail Design and Construction Administration). Effective March 1, 2004, a separate Corporate Performance Rating (CPR) is calculated for Planning, Engineering, Construction Administration, Area Materials Testing and Small Value Assignments. For additional information regarding Service Provider’s Corporate Performance Rating, refer to the latest version of Ministry’s document “Consultant Performance and Selection System, Consultant Reviews and Consultant Infraction Reports, Procedures Guide” and “Consultant Performance Appraisals Procedure Guide” which are available at www.raqs.mto.gov.on.ca/ in the section of Consultant Performance and Selection System (CPSS).

A.14 Dispute Resolution


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The TPMA Article 19 outlines the Dispute Resolution options available to the parties. Section 20 (referred to as Schedule 14 in the TPMA) details the process to be followed in a Referee Process.

A.15 Proposal Documents to Be Submitted

The Proposal shall be submitted as follows: A Service Provider submission must include a Transmittal Letter. The Transmittal Letter shall include the project and the name, title, address and telephone number of the Principal who will serve as the contact for the project. The letter must be signed by an individual who is listed in RAQS as the Service Provider’s Key or Alternate Contact with the authority to sign a binding legal agreement on behalf of the Service Provider. The Transmittal Letter for the proposal must include the acknowledgment of all clarifications and addenda issued by the Ministry prior to proposal submission.

In case of a Joint Venture, a Transmittal Letter must be jointly signed by the Service Provider’s Key or Alternate Contact in RAQS for both firms with the authority to sign a binding legal agreement on behalf of the Service Provider firms. A proposal on behalf of a Service Provider Joint Venture must also affirm all requirements of Section A.7. At least one copy of the Transmittal Letter must be signed in original. The Service Provider is to submit a completed RAQS Declaration Form (January 2011). An original signature/date is required on this form. A separate Envelope #1 is to contain the Technical and Management Proposal and must include all information defined in the appropriate Sections 2 through 13, and 15 through 20. The Technical and Management Proposal shall conform to the requirements identified in the appropriate Sections 1 through 21 of the TPMA. Envelope #2 is to contain the Financial Proposal including all information described in Section 14 (including a separate document for the price breakdown tables in the envelope); An Innovation Proposal is to be submitted in two (2) separate envelopes. For details, refer to Section 9.0. The Technical and Management Proposal is to be structured to follow the appropriate Sections 2 through 13. Envelope #1 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 10-point type. Mandatory forms are not included in the overall page limit. The maximum number of pages shall not exceed 40, (excluding staff resumes and promotional materials). Any proposal exceeding the page limit shall not be considered. The maximum number of pages shall not exceed 40. The above-noted limit excludes the following:

Transmittal Letter; Staffing described in the proposal under various functional plans in Section 4, 5 and 6; Resumes; Any Compliance Forms (for example OHS, Conflict of Interest, RAQS Declaration, etc.).

Any proposal exceeding the page limit shall not be considered.

Section 1: Project Description


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The Terms of Reference for the Project Description shall become Schedule 1 to the TPMA.

1.1 Terms of Reference

This agreement involves Bridge Engineering for the detailed visual inspection of bridges, culverts, overhead signs and bridge mounted signs along various provincial highways in >>>>> Region.

The project involves the detailed visual inspection of XX bridges, XX culverts, XX retaining walls, XX overhead signs and XX bridge mounted signs for the Ontario Bridge Management System (OBMS). See structures listed in Appendix ‘A’.

The scope of work includes all work necessary to deliver the Project as described in the TPMA. The Project shall be completed in conformance with the standards, criteria and requirements of the Technical Standards and Specifications.

The work shall include carrying out detailed visual inspections, in the field, for the structures listed in Appendix “A”, recording the condition state of each element in accordance with the procedures and format of the OBMS and Ontario Structure Inspection Manual (OSIM). Traffic protection during the fieldwork portion of the assignment shall be provided in accordance with the Ontario Traffic Manual. Engineering materials laboratory testing services are/are not required for this assignment.


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Section 2: Project Schedule

The Terms of Reference and the successful Service Provider’s Project Schedule shall become Schedule 2 to the TPMA.


2.1.1 Detail Design Assignments

Milestone Dates The work shall be scheduled in order to achieve the following dates so that the completed construction contract package ready for tendering is delivered to the Planning and Design Section by the required date. The TPM Service Provider shall meet the following milestone dates: Submission of Inspection Schedule Insert Date Submission of Preliminary Inspection of 10 structures Insert Date Submission – Draft BMS Reports, 50% completion Insert Date Submission – Draft BMS Reports, 75% completion Insert Date Submission – Draft BMS Reports, 100% completion Insert Date Meetings/Presentations/Deliverables for XXXX The TPM Service Provider shall schedule the following dates. Start-up Meeting Insert Date Submission of Inspection Schedule Insert Date Meeting with Tony Merlo for BMS Update(2) Insert Date Meeting for Draft BMS Reports, 10 inspections completed(3) Insert Date Meeting for Draft BMS Reports, 50% completion Insert Date Meeting for Final BMS Reports 100% complete before , XXXX Meetings/Presentations/Deliverables for XXX portion The TPM Service Provider shall schedule the following dates. Attendance at the MTO OBMS Workshop (1) Insert Date Progress Meeting Insert Date Submission of Inspection Schedule Insert Date Meeting for Draft BMS Reports, 50% completion Insert Date Meeting for Final BMS Reports 100% complete before Oct 31st, XXXX The dates above, for submissions and meetings, are mandatory for the TPM Service Provider. The Ministry will provide comments for the progress and the completeness/correctness of the information provided in the reports at these meetings. (1) All Lead-Inspectors identified in the TPM Proposal must have attended a 2-day MTO OBMS

Workshop in the spring of XXXX and it is mandatory to attend in the spring of XXXX. (2) The successful Proponent shall visit 6 bridges and 4 culvert sites which will be identified by the MTO


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Project Manager. The inspections shall take place prior to the starting of the inspections for the assignment and must be completed by the timelines stated. The Service Provider shall conduct full inspections of the 10 structures prepare reports with photos and meet with the project manager to discuss the quality and content of each before proceeding with the rest of the inspections. (If the successful Proponent has already undertaken this exercise and the reports were acceptable to the MTO project manager under a previous assignment then these inspections will not be required)

(3) The Ministry will use this submission to confirm the completeness and thoroughness of the reports. Should the Service Provider choose to inspect additional structures prior to the review meeting, they will do so at their own risk. The Service Provider is advised that these reports will be scrutinized rigorously and no further reports will be accepted until all the issues from the initial submission have been resolved and approved by Ministry staff.

Mandatory Meetings Meetings during the inspection phase will be held at the Ministry Regional Office. Office hours are between 8:30 a.m. and 4:00 p.m. All meetings shall be scheduled such that all issues are adequately covered and discussed within these hours. All meetings shall be arranged with each individual team member and chaired by the TPM Service Provider. Meeting dates are to be such that required team members are available. The TPM Service Provider Project Manager shall be present at all meetings including meetings with Sub-Contractors. An agenda and a copy of the documents and plans to be discussed shall be supplied to each member of the Ministry’s Project Team, a minimum of five (5) Business Days prior to the meeting. The TPM Service Provider shall provide sufficient staff at all meetings so that the proceedings are not unduly delayed for the purposes of taking minutes. Minutes shall be prepared for all meetings within five (5) Business Days and distributed in hard copy or e-mail as agreed to by the Ministry to all attendees, all team members and any invited persons that could not attend, and as necessary, make the appropriate changes, additions and deletions. Minimum meeting requirements during design are: Start-up Meeting with the Ministry Progress Meetings Final Meeting. Other Meetings as Required The above dates are critical to the delivery of the project and shall be met. The contract is to be available for a possible tender opening in the Spring, Summer, Fall, Winter of Insert Date. The Service Provider shall act to deliver the following:

1. All Constructability Reviews identified in the RFP and Proposal completed 2. Service Provider Project Manager acted upon Constructability Review Recommendations to be

incorporated in design 3. Signoff and tracking of Constructability Review completed 4. Service Provider completes the detail design package (report, layout plan, related

documentation), ready for review by the Ministry Staff 5. The completed package is forwarded to the Ministry Project Manager for review 6. Service Provider receives and acts to incorporate (where appropriate) the written comments

provided by the Ministry 7. Service Provider completes the design and related deliverables, incorporating any independent

check of any reports, layout drawings, and all other related documentation


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8. Service Provider forwards the completed Detail Design package to the Ministry Project Manager Design Complete / Executive Presentation The TPM Service Provider Quality Auditor shall confirm in writing to the Ministry’s TPM Agreement Administrator that the package sent to the Ministry has had the changes incorporated from the TPM Service Provider Internal Design Review(s). Written documentation from the TPM Service Provider Internal Design Review(s) shall be provided to the Ministry at the time the Design Complete Presentation package is submitted. Changes from the TPM Service Provider Internal Design Review(s) shall be made before the documents are sent to the Ministry for the Design Complete Presentation. For the Executive / Design Complete Presentation, the Project is required to be totally complete and all report, layout plan, related documentation completed in final form. Only very minor changes may be required following Design Complete Presentation. A digital copy of the final InRoads cross-sections (AutoCAD, PDF or another viewing ministry approved format) for the entire project shall be provided to the Ministry’s TPM Agreement Administrator at the time the Design Complete Presentation package is submitted. The individual who was directly responsible for and completed the InRoads work shall attend the Design Complete Presentation Meeting. The Service Provider key staff responsible for the Bridge Engineering, Drainage and Hydrology Engineering, Electrical Engineering, Engineering Materials Testing and Evaluation, Environmental, Foundations Engineering, Highway Engineering, Pavement Design and Infrastructure Management, Surveying and Plan Preparation, Traffic Engineering shall attend the Design Complete Presentation. 2.1.1 Planning/preliminary Design/Detail Design Assignments – N/A 2.1.2 Construction Administration Assignments – N/A

2.2 Proposal Instructions

NOTE: No work by the Service Provider shall be planned to start before the Award Date in Section

A.5 of this RFP. The Proposed Project Schedule shall depict the entire Project showing the major milestones in the process from TPM Project award through to submission of the final deliverables.

In order to eliminate the possibility of the Ministry being designated as "Constructor" as defined in the Occupational Health and Safety Act, RSO, 1990, two contractors (including utility companies and Service Providers) cannot have work progressing in the same area. The Proposed Project Schedule must address how the situation of the Ministry being designated "Constructor" will be avoided during the inspections. The RFP submission shall include a list (Project Schedule Plan) of the dates for key milestones, meetings, presentations and deliverables in table format for the activities in Section 2.1. This Project Schedule Plan shall be a maximum of 3 pages in length. Excess pages will not be evaluated. The Milestone dates provided in Section 2.1 shall be met and if a Proposal does not meet these dates, the proposal may be rejected.


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Section 3: Management Plan

The Terms of Reference and the Successful Service Provider’s Management Plan shall become Schedule 3 to the TPMA.


The key individual identified as responsible for Overall Project Management (Project coordination, cost and schedule control, etc.) shall have:

Proven ability to manage projects of similar size and nature and to deliver completed quality work on time and within budget;

Proven ability to coordinate a multi-disciplinary team on projects of similar size and nature;

Proven ability to work cooperatively and effectively with a wide variety of interests/authorities including the public, levels of government, utility companies and special interest groups as demonstrated on projects of similar size and nature;

Authority to act on behalf of the company; and

Have proven negotiation skills.


The proposed Management Plan shall include the following:

a) Organizational chart for the project indicating all staff or organizations (Sub-Contractors) and their

reporting relationships for all project activities inclusive of the following activities: i) all components of Bridge Inspections; ii) quality control of TPM Services; iii) in-house review and quality control and assurance of TPM Services; and iv) any engineering materials testing and evaluation required.

b) Identification of the key individual responsible for Overall Project Management. Provide a

resume of the Overall Project Manager, which highlights: relative experience and past performance on projects of similar scope and size, including the owner’s name, the name of a contact person, and a phone number to facilitate verification by the Ministry.

Do not provide staff resumes/information for support staff proposed for this assignment in this section. This information is to be provided within the appropriate Section.

c) A description of the Service Provider’s project management approach for this assignment. This should include, the Service Provider’s role in administering the project, project-specific issues requiring a specific management approach and the functions and relative responsibility/authority of the Project Manager(s) and/or other staff.

d) A description of the Service Provider’s schedule control mechanisms and what action will be

taken so that the project schedule of the assignment will be maintained and what will be done to


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restore the schedule if problems develop. Describe how the schedule updating requirements in Section 2.1 will be achieved. Describe how scope changes will be handled to minimize schedule delays.

e) The Service Provider’s involvement in similar types of projects.

f) The provision for the identified Ministry staff for on-the-job training according to the Ministry training plan set out below. The Ministry staff identified are to report to the designated Service Provider staff during the training period. Describe the reporting relationship of the Ministry trainee(s) with the Service Provider.

Section 4: Planning Plan - N/A

Section 5: Preliminary Design Plan - N/A


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Section 6: Detail Design Plan

The General Terms of Reference, the Terms of Reference specific to each Category, the Reference Documents specific to each Category, the Contract Package & Design Documentation requirements and the Successful Service Provider’s Detail Design Plan shall become Schedule 6 to the TPMA.

6.1 General

6.1.1 Terms of Reference

The following Terms of Reference are applicable to all Detail Design categories. Terms of Reference specific to the individual Categories are set out in the corresponding subsections. The TPM Service Provider shall:

- Carry out the required design of the physical project requirements, including all field reviews, relevant tests, inspections and studies, and with due regard for environmental, traffic control and safety concerns, capital cost and operating efficiency, all in accordance with Technical Standards and Specifications;

- Perform all field tests, surveys and studies, such as geotechnical investigations and testing,

foundations investigations and testing, etc. including associated laboratory work, and any other site investigations and field testing required to support the design of the project;

- Perform Constructability Review as per requirement included in this assignment. The details are

covered in Section 6.14 and “Constructability Review Process Guide Ver. 2.0 April 2010,” (Table 16-1); and

- Answer any design related questions during the construction of the Project in a timely manner.

Correct design errors during construction through issuance of revised grading templates and contract design data.

Meetings and Liaison The TPM Service Provider shall:

Correspond with governmental ministries, agencies and other public authorities for design information;

Attend and prepare the minutes of all meetings with Ministry staff and external agencies. The

TPM Service Provider is responsible for making arrangements with appropriate Ministry staff for attendance at all meetings;

Negotiate on behalf of the Ministry with external agencies and stakeholders relative to the

Project, prepare draft agreements and secure all required clearances for commencement of construction work;

Keep the appropriate Ministry staff informed of project progress on a monthly basis, and as

required. Ministry staff involvement will be significantly reduced compared to previous conventional design assignments;

Respond to any Ministry inquiries within five (5) Business Days;

Provide written response to all questions and concerns raised at Milestone meetings within

five (5) Business Days;


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Label all correspondence to the Ministry with the GWP, appropriate Ministry File name and

description of contents; and

Obtain municipal council resolution where required. Site Investigation and Field Testing

The TPM Service Provider shall provide all field investigations necessary to determine the inspection schedule and to complete the Ontario Bridge Management System (OBMS) reports as per the Ontario Structure Inspection Manual (OSIM- April 2008), as well as the Safety Practices for Structure Inspections – September 2001. The TPM Service Provider shall comply with the Ontario Traffic Manual Book 7 - Temporary Conditions (and the Temporary Conditions Field Edition). All signing shall be in accordance with the Ontario Traffic Manual. This manual defines a minimum standard. Specific site conditions will warrant if additional safety measures are required. Signs shall be no more than one kilometre apart. In the performance of site investigation, the TPM Service Provider shall:

- Ensure for the safety of both the public and the staff involved in site investigations; - Protect utilities and property from damage; - Restore the site as near to original conditions as practical; - Submit property damage reports to the Ministry for unrestored damages; - Adhere to the work constraints - Co-ordinate field work with separate construction contracts, highway maintenance activities,

e.g. Area Maintenance Contracts, (AMCs), Managed Outsourcing contracts and/or Consultant assignment(s) which may be ongoing adjacent to this Project or within the limits of this project; and

- Adhere to the separation requirements i.e. compliance with 500 m separation requirements. All vehicles of the TPM Service Provider must be equipped with a vehicle-mounted 360-degree amber light. Every effort shall be taken by the TPM Service Provider to not have equipment, vehicles and staff on the shoulders when seasonal maintenance operations such as snow ploughing, grading, etc. is expected. The TPM Service Provider is responsible for roadside safety when performing work and shall adhere to the following work constraints: 1. Field investigation operations shall be carried out in such a manner as to minimize disruptions to

highway operations. 2. Field investigation operations adversely affecting public traffic (i.e. lane restrictions) and the

loading or unloading of materials and equipment onto and from the travelled portion of the highway and the shoulders shall not be carried out during the following periods:

Friday or a Day Preceding a Holiday: noon to midnight Sundays: all day Canadian Statutory Holidays and Civic Holiday: all day From 0.5 hours before sunset to 0.5 hours after sunrise Any period of inclement weather (i.e., heavy fog, heavy rain, snow, ice)


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The TPM Service Provider shall notify, in writing, XXXX XXXXX (Regional Contracts Engineer – X Region, (Phone Number), and MTO Radio Room –the area office in the appropriate location. In addition, email notification should be sent to NAME XXXXXXX, Operations Manager at [email protected]. List of contacts for area offices: Location- Name Phone Number Ext Fax Number Location- Name Phone Number Ext Fax Number Location- Name Phone Number Ext Fax Number Location- Name Phone Number Ext Fax Number of the detail of upcoming fieldwork in order to avoid any Constructor issues when two Service Providers/contractors are working in the same area. The Structure Inspection schedule must be submitted to the above noted people for review/comments two weeks prior to the commencement of fieldwork. This would include the extent and type of work, the work site location, and the anticipated duration of the work; i.e., Hwy 11, from Small town to Big town, two survey crews working across the R.O.W. for the next three weeks, December 1 - December 19. The TPM Service Provider must continue to inform the Regional Contracts Engineer of the operation throughout the life of the assignment. The TPM Agreement Administrator shall be copied on all notifications. If the TPM Service Provider fails to comply with any of the above conditions, or the OHS Act or its regulations and poses an immediate danger to the health or safety of a worker or the public, the Ministry will order the TPM Service Provider to immediately cease all operations. The TPM Service Provider shall then remove itself and any traffic control devices from the highway. The TPM Service Provider will not be allowed to gain access to the corridor until the TPM Service Provider demonstrates that it is able to conform to the requirements of this section and provides written notification to the Ministry outlining how the situation has been rectified. The Service Provider will require the ministry’s permission to recommence work. Immediate danger is defined as a violation of the OHS Act or its regulations where the violation poses a danger and any delay in stopping the work may result in a serious injury to a worker or the public. A situation of insufficient traffic control may pose an immediate danger.

6.1.2 Contract Package and Design Documentation – N/A

6.1.3 Proposal Instructions

Service Providers are encouraged to prepare their proposal response in as concise a manner as possible. However, the Service Provider should provide sufficient information and detail in their proposal to adequately address the various issues associated with the project. In responding to the requirements of Section 6 of the RFP, the Service Provider’s proposal must include a Project Overview and discuss the multi-disciplinary tasks associated with the preparation of the Detail Design. In addition, specific Functional Work Plans must be developed to respond to Sections 6.2 to 6.13, as applicable. The proposal must address the following two key objectives: - Confirm that the Service Provider will complete all the necessary tasks to successfully perform the


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work. - Demonstrate to the Ministry that the Service Provider has the best knowledge, capability, commitment

and expertise to deliver a quality product that is cost effective and innovative. In addressing the first objective, the Service Provider is encouraged to make reference to sections of the RFP and other documents to confirm they will adhere to established Ministry processes and procedures. Repeating the narratives that are well documented in the RFP, Ministry manuals, and other readily available sources is not required. The second objective provides the Service Provider with an opportunity to demonstrate their ability to best perform the work. The Service Provider is encouraged to address the following as they relate to each Functional Plan:

Identify how cost effectiveness, innovation and constructability considerations will be applied to the design; and

Identify how the Service Provider will minimize construction costs in the delivery of quality

infrastructure. The processes, procedures and methodologies must be well described in the Scope/Work Plan section of a Functional Plan.

6.1.3.1 Project Overview

The Project Overview must discuss the following as a general project overview: Understanding of the Project This section should discuss the Service Provider’s understanding of the requirements of the project including key issues, constraints and ideas/plans to meet the challenges of the project. Project Approach This section should provide a narrative to demonstrate the Service Provider’s understanding of how to undertake the assignment, including a concurrent and sequential application of disciplines involved and their integration to deliver the end product. The discussion may include but is not limited to the following:

a) Disciplines/Specialties required to successfully complete the assignment (this does not require an organizational chart).

b) Design process overview specific to this project identifying the proposed work plan to address the multi-disciplinary requirements and demonstrating how the integration of the disciplines will occur in the project.

c) Type of Disciplines/Specialties involved to successfully complete the assignment (this does not require an organizational chart).

Service Provider’s Commitment to General Requirements in Section 6.1

The Service Provider shall outline the work plan and the methodology to respond to the requirements outlined in only the general Terms of Reference (Section 6.1.1) and Contract Package and Design Documentation (Section 6.1.2). The Service Provider needs to include a statement to clearly confirm that the Service Provider will deliver all services in accordance with the Terms of Reference (e.g., meetings, working days, etc.,). The Service Provider does not need to repeat the requirements outlined in the Terms of Reference (Section 6.1.1) and Contract Package and Design Documentation (Section 6.1.2).


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The Service Provider shall confirm that the Service Provider will comply with the requirements of the ‘Site Investigation and Field Testing’ subsection within Section 6.1.1. Specific information on what will be investigated for each Function, how the investigation is undertaken and how the results are confirmed should be covered within the respective Functional Work Plans (Sections 6.2 to 6.13). In addition to confirming compliance with the Terms of Reference, the Service Provider may identify additional items needed/required in meeting the Terms of Reference.

6.1.3.2 Functional Work Plans

Sections 6.2 to 6.13 cover the Functional Work Plans. The Service Provider’s Functional Work Plan(s) shall be of sufficient detail to clearly illustrate to the Ministry all of the required tasks and deliverables to complete the proposed scope of work. It is the Ministry’s preference that all proposals clearly outline the scope of services and deliverables. Subject to a Service Provider’s submission to this RFP, the Service Provider may be asked for clarification(s) regarding the scope of work outlined by the Service Provider. The Service Provider is advised that at the Ministry’s discretion, an incomplete or ambiguous submission may result in disqualification. Outlined below are the general proposal instructions for the Functional Plans. a) Scope/Work Plans

The Service Provider shall outline the approach, methodology and work it plans to undertake to respond to the requirements outlined in the Terms of Reference - General (6.X.2) and Terms of Reference – Project Specific (6.X.3), based on the Service Provider’s understanding of the issues and key challenges related to each Discipline.

The Service Provider Work Plan must meet both objectives outlined at the beginning of 6.1.3, (i.e. confirm that the Service Provider will complete all the necessary tasks to successfully perform the work, and demonstrate to the Ministry that the Service Provider has the best knowledge, capability, commitment and expertise to deliver a quality product that is cost effective and innovative). The Service Provider Work Plan shall include a statement to clearly confirm that the Service Provider will carry out the necessary tasks to perform the work. In addition, the Service Provider Work Plan will demonstrate that the methodology proposed is well suited for this specific work. The Service Provider Work Plan may demonstrate the level of understanding and problem solving that will be used. It should be noted that discussion specific to Site Investigation and Field Testing and Materials Testing requirements must be in parts d) and e) respectively.

b) Deliverables

This section shall include a confirmation that the deliverables identified in the Terms of Reference for the specific functional plan will be provided. In addition, the Service Provider may identify any other deliverables they may deem necessary to complete the work.

c) Staffing

The following must be identified: a) The key individual(s) responsible for the categories; including proposed responsibilities and

duties; b) The assigned technical staff and proposed responsibilities/duties; c) Reporting relationships for all staff; d) Resume highlights, including references, relative to assignment including experience and

past duties performed on projects of similar scope and size; and In the case that more than


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one individual is identified, identify who will be responsible to do the work and identify who will be assigned to do what work, to allow for Ministry evaluation and scoring.

The 40 page limit does not include staff under Section c above.

d) Site Investigation and Field Testing

This section should focus on the investigation and testing requirements related to the specific Functional Work Plan only. General Site Investigation and Field Testing requirements and compliance to General Requirements should be covered in the Project Overview as described in Section 6.1.3.1 ‘Service Provider’s Commitment to General Requirements’.

e) Engineering Materials Testing and Evaluation Requirements - N/A

This section should focus on material testing requirements related to the specific Functional Work Plan only.

6.2 Advanced Traffic Management Systems - N/A


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6.3 Bridge Engineering

A detailed visual inspection and Ontario Bridge Management System (OBMS) inspection report is required for all bridges and structural culverts and retaining walls, along various provincial highways, in the XXXXXXXXX Region/Area. Also included is the inspection of overhead and bridge mounted signs. See structures listed in Appendix ‘A’.

6.3.1 Terms of Reference ‘General’ - N/A

6.3.2 Terms of Reference ‘Project Specific’

The TPM Service Provider shall provide the following services in accordance with the TPMA and RFP: The inventory data and the inspection procedure, including the amount and type of data to be collected and recorded, shall be in accordance with the requirements of the OBMS and the OSIM 2008 Revision. A list of the structures to be inspected as part of this assignment is provided in Appendix “A”. Included in Appendix “A” are the General Arrangement Drawings and maps showing the general locations of the bridges. For some bridges where the General Arrangement Drawings are not available, a brief description of the bridge will be given. Complete and submit the AE1 application form (Appendix ‘F’), for each inspector, so that the inspectors names can be added to the pick-list on the OBMS database. OBMS requires that all the Service Provider's inspectors names are entered in the database before the sites are checked-out of OBMS and handed over to the Service Provider for inspections. Prior to the commencement of the field inspections, the Service Provider shall become familiar with all the reference documents provided, including the location of the structure sites and other relevant site conditions which may impact on the planning and carrying out of the inspection work in the field. The Service Provider is solely responsible for locating the structures using the Bridge Clearance and Load Restriction Manual and the Linear Highway Reference System (LHRS) Maintain a 500 m separation between other construction zone operations at all times while undertaking fieldwork and co-ordinate fieldwork with the other companies, Service Providers and/or contractors. Several structures that may potentially be within construction zones are identified in Appendix ‘A’. Develop and implement a site specific Worker Safety Plan. The Worker Safety Plan shall be submitted to the Ministry at least one week prior to the fieldwork being undertaken. The requirements for the safety and protection of workers in the field, including protective clothing, traffic control and protection devices, and any and all measures required accordingly, is the responsibility of the Service Provider. Develop and implement a Traffic Control Plan and provide traffic protection during the fieldwork portion of the assignment in accordance with the requirements of Book 7 of the Ontario Traffic Manual – Temporary Conditions, March 2001. The Traffic Control Plan shall be submitted to the Ministry at least one week prior to the work being undertaken. Develop and carry out all field inspections in accordance with the Occupational Health and Safety Plan. Field inspections are to be carried out so as to minimize the impact on flow of traffic, and so as not to affect traffic. The Service Provider will comply with any requirements for separation from other construction contracts in the vicinity. The Service Provider will carry out the field inspections so as not to damage any utilities or property. Any property damaged for whatever cause, shall be reported to the Ministry.


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All engineering products including General Arrangement drawings, structural rehabilitation and replacement drawings and inspection requirements must be reviewed and approved by a Professional Engineer licensed in Ontario and registered in the relevant design specialties. The Engineer shall be a Professional Engineer in good standing, licensed with the Professional Engineers of Ontario and have 5 years of related Bridge Inspection experience The inspection firm shall have adequate knowledge of bridge behaviour and shall be registered in RAQS under the specialty of “Bridge Engineering: Design & Evaluation - Single Span or Design & Evaluation - Complex Structures (multi-span) The Engineer responsible for the inspections must review all the inspection reports and note any additional investigations or work required based on the inspection data. All inspection data is to be saved in the central Bridge Management System database. Sign off sheets for the Service Provider will be provided at the pre-start meeting and these will be submitted with the final submission package. The Engineer shall direct the investigation and all support staff as necessary. For all structures identified as such in Appendix “A”, a Professional Engineer licensed in Ontario, shall be the designated inspector and be on site during the inspections. The MTO Project Manager/ Regional Structural Engineer will randomly visit 3% - 5% of the bridge sites while the consultant is at the site to ensure that the inspections are being conducted in a proper manner and according to the OSIM requirements. For newly constructed or rehabilitated structures requiring the entering of initial inventory data, the Service Provider shall extract inventory information and element data from the structure drawings provided. A list of these structures in provided in Appendix ‘A’. These drawings will include original structure drawings, where available, as well as information on recent structure rehabilitation contracts, if applicable. The Service Provider is advised that the existing drawings stored on the CD('s) containing the structural drawings of the bridges/culverts which will be provided to the Successful Respondent may require sorting efforts. Drawings from the provided CD('s) under a specific Site Number may include drawings of other bridges/culverts or obsolete drawings. It is the Service Provider’s responsibility to sort the required drawings through comparison with the general arrangement drawings and photographs for that structure as well as site identification if necessary. The data shall be entered into the OBMS database, using the OBMS Input Screens, prior to the commencement of the field inspections. This includes identifying and recording the types of element(s), dimensions (length, width, height, and area) and other relevant information required by the OBMS and described in the OSIM. Where drawings are not available, the Service Provider shall retrieve the data during the inspection.

Carry out detailed visual inspections in the field for all the structures. The Service Provider shall note and record the defects, deterioration and the quantity of each element in each condition state in accordance with the procedures and format in the OSIM. This information shall be recorded on the Data Entry forms in the field and later transferred into the OBMS. Alternatively, the field data may be entered directly into OBMS using laptop computers or field data entry devices. Note: For many elements, the condition states will be recorded as an area measurement, m2. For example, a deck element of area 1000 m2 may have 100 m2 in excellent condition, 700 m2 in good condition, 100 m2 in fair condition and 100 m2 in poor condition. For some elements, such as bearings, the data will be recorded by each. For example, a bridge with 10 bearings may have 5 bearings in excellent condition, 3 bearings in good condition, 1 bearing in fair condition and 1 bearing in poor condition. For other elements, such as expansion joint armouring, the data is recorded by linear metre. For example, an expansion joint armouring of 10 m length may have 1 metre in excellent condition, 2 metres in good condition, 3 metres in fair condition, and 4 metres in poor condition.

The List of Bridge Elements, and how their defects are to be recorded (i.e., by area, by length, or by each) is obtained from OSIM, Section 2 of Part 2 table 2.2. The Service Provider is advised that OBMS defines the concrete diaphragm as per Table 2.1 by the quantity “each” while OSIM requires the quantity to be recorded in square metres. The Service Provider shall calculate the quantities in Sq.m and attach a note indicating the unit.


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The Material Element Condition State Tables that identify the criteria to be used to assess the condition states of the elements is obtained from OSIM, Section 4 of Part 2. Procedures and methods for computing the surface area of elements are given in OSIM, Section 3 of Part 2.

The assignment includes the requirement to print the forms to be used for entering Inspection data in the field. The OBMS system shall be used to print the forms. The Service Provider shall provide sufficient and relevant comments for each element as described in OSIM, complete the suspected performance deficiencies, maintenance needs, recommended rehabilitation work (including the time frame for the repair), and make recommendations for additional investigations for the structure. In addition to rating the condition of elements, the Service Provider shall summarize the overall condition of the structure and highlight any urgent work in the “Special Notes” OBMS screen. The Service Provider shall ensure that inspection reports contain comments corresponding to all areas indicating a poor condition. Where suspected performance deficiencies are noted, the required follow up actions shall be flagged in the form of additional investigations.

As part of the field inspection, the Service Provider shall compare and verify all element and structure data from the OBMS data entry forms with observations in the field. The Service Provider shall note any discrepancies and make appropriate revisions on the data entry forms as well as notify the Ministry in writing of significant changes. The Service Provider shall subsequently enter corrected data into the OBMS files accordingly. The Service Provider shall make notes of "bird nests", their sizes and locations on the structures inspected for this assignment.

The Ministry will be checking the completeness of inventory data (e.g. Bridge type. Span lengths, etc) to ensure to ensure accurate information is being submitted. Where errors are found in the inspection reports, the project manager/ regional structural engineer will discuss them will the Service Provider and instruct them to correct the errors prior to checking-in the data into BMS. The Service Provider is required to submit a daily progress report of all structures inspected that day and it can be faxed to the Ministry project manager each night or early morning, as well as a detailed list of sites to be inspected each week shall be submitted at the beginning of each week. A list of minimum inspection times is provided in Appendix ‘A’. The Service Provider shall maintain timesheet logs for all field activities that show staff time spent at each bridge site. Logs shall be signed by the employees identified therein. The Service Provider shall carry out a detailed visual inspection of the underside of all structures listed in Appendix ‘A’ using the Bridgemaster to provide access where identified. The Bridgemaster is to be reserved through the Project Manager and the schedule set by Ministry of Transportation. Traffic protection for the inspections using the Bridgemaster shall be the sole responsibility of the service provider. For sites requiring the Bridgemaster for inspection, the Service Provider should use the Bridgemaster only for the inspection of areas that are inaccessible from the ground. The ground portion of the inspection should be done by foot, ladder or boat. Bridges requiring entry into box girders are also listed in Appendix A, and may require a Bridgemaster or other means for access. The Bridgemaster is to be reserved through the Project Manager and the schedule set by Ministry of Transportation. If the Service Provider is to use a bridgemaster and traffic control which they have acquired for the purposes of this inspection, they must submit a schedule for the inspections to the Project Manager. The bridgemaster that is to be used for the inspections must have a two person bucket and extendable arm to reach widths of up to 12 meters or more, can be deployed reaching across sidewalks and over fences to gain access to under bridge areas as well as easy to manoeuvre through steel bridge members and cables and tight spaces. A platform or scissor lift will not be acceptable for the detailed inspection where the bridgemaster is required.


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The Service Provider will be required to conduct shoulder or lane closures for the structures listed in Appendix ‘A’. Where a lane closure is not identified, the Service Provider shall submit a plan indicating how they plan to assess areas inaccessible for an up close inspection. The Service Provider is responsible for notifying all agencies, municipalities, emergency services and area offices of all ramp closures. They are also responsible for arranging flaggers from the railway when inspecting a structure over the rail lines. An alternate method of inspection will be required for culverts that are difficult to access (i.e. high water levels or inadequate vertical clearances, etc.). The Service Provider is required to use alternate inspection methods (i.e. boat, dingy, canoe, etc.) as well as returning when water levels are down. The Service Provider shall propose how these areas will be inspected, e.g. multi-lane deck top, soffits, etc. The Service Provider shall inspect all elements from a maximum distance as defined in the document, “Bridge Inspection Accessibility Guidelines, March 2010”. Accessibility plans for each structure define access requirements (lane/shoulder closures, etc) and special access equipment (Bridgemaster, boat, bucket truck, scissor lift, etc) required and are included in Appendix ‘H’.

For all assignments, the Service Provider shall complete the information in the Appraisal Indices Section. This includes the Load Capacity, Barrier, Fatigue, Seismic, and Sour and Flood. The Fatigue and Scour & Flood are mandatory to be filled out in 2010 & 2011 for each site inspected. The required information is designated in the first part of Appendix C, Part A. If partial information already exists in the Appraisal Section, the Service Provider shall complete the remaining information as required in Appendix C.

Prepare and submit “Draft” reports for the Ministry’s review, as described elsewhere. Make appropriate changes to the reports and resubmit as “Final” reports, as described elsewhere. Note all draft copies marked-up by the Ministry and handed over to the Service Provider for review shall be returned to the Ministry with the final copies – in tact. All reports shall be submitted in chronological order, sorted by site. The Service Provider shall include in the quotation an allowance to spend X days at the MTO Regional Structural Office to examine and extract additional information, as required, from the site files and contract books regarding the structures to compliment the information and documents provided to the Service Provider. The Ministry will not consider such activity by the Service Provider as Change Order (Extra Service). A sufficient number of photographs shall be taken to clearly identify the structure and the condition of all elements of the structure. A digital camera with zoom and flash features shall be used to take all photographs. Digital photographs shall show the date (year-month-day) when they were taken. All photographs shall be stored on a CD as described in Appendix ‘C’.

Photographs shall be taken of the following:

For Bridges:

- Deck cross-section and features such as number of traffic lanes, curbs and sidewalks, medians and railing system. Note: This photograph is normally taken from the approach roadway looking along the length of the bridge

- Each elevation of the structure and which clearly shows the number of spans and superstructure type

- Soffit, which shows the type and number of main superstructure element(s)


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- Each expansion joint, taken along the length of the joint

- Bearings- all bearing which show a deficiency and a typical bearing in good condition

- Close up of all deteriorated areas to clearly show the deficiency

- Substructure elements.

For Culverts: - Features of the highway, including road surface, guide rails, upstream and downstream

views

- Ends of the culvert (elevations)

- Views of the interior of the barrel

- All construction joints

- Two photos looking thru the culvert from the road centreline - one in each direction

- All deteriorated areas. All digital photographs shall be compatible with viewing software of Windows XP.

Individual photographs for structures shall be taken of all areas in a poor condition state (areas with severe defects and deterioration). These photographs shall be taken at sufficiently close range such that the type, location and extent of the defects and deterioration are clearly visible and apparent. Note: Where there are no areas of severe deterioration in an element, then a photograph shall be taken showing a typical area, which represents the worst condition state in that element.

All photographs shall be date and time stamped and the Service Provider shall submit time logs to verify the time spent on each bridge. The Service Provider is responsible to provide all necessary equipment, materials and labour to do the work. As a minimum, the Service Provider shall have available the inspection equipment specified in Part 2 Section 1.4 of OSIM. The use of special equipment, such as bolt cutters to remove locks, and devices may be required to reach and inspect structure elements with difficult access. All locks which are cut off the doors need to be replaced with new locks and keys handed into the project manager. For all structures requiring internal inspections, preliminary field visit may be required to assess actions necessary for entry into boxes as well as determining if any traffic protection will be required to carry out these inspections At some sites, observations from the ground together with the use of visual enhancement equipment, such as binoculars, may be adequate. Where defects and deterioration are either apparent or visually suspect in elements that are not directly accessible, the Service Provider shall do what is necessary to make the proper assessment. This information shall be recorded on the inspection form. Immediately inform the Ministry's Project Manager of any critical defects or deficiencies, such as fatigue cracks in steel girders, and all unsafe conditions, which are discovered in the field.


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Enter the results of the inspections into the Service Provider’s local OBMS database and copy the database files onto CD format. The TPM Service Provider shall complete the “Sign-off” letter and the "Completed Inspections Report” for all the bridges and culverts inspected. Sample documents are found in Appendix ‘B’ & ‘D’. The “Completed Inspections Report” will be generated by the new OBMS. The TPM Service Provider is advised that the OBMS software may be updated during the course of the assignment. It will be the responsibility of the Service Provider to ensure that the latest production version of OBMS is being used. The Ministry will provide an electronic copy of the Reference Release Notes and Known Issues Report to the Service Provider with any updates, when they become available. A sample of the Data Entry forms is contained in OSIM, Section 7 of Part 2. However, when completing the assignment, the inspection forms shall be obtained from OBMS. These OBMS Input Screens are shown in Appendix “C”. These illustrate the data that needs to be obtained from files and/or collected in the field. These screens are provided to illustrate the scope of inspections required, but the actual input screen may be somewhat different. The actual input screens shall be obtained from the OBMS program. As indicated in Appendix “A”, some input is required only for assignments requiring the recording of initial inventory data. However, this information must be checked for major errors or omissions through the course of the inspection. The Ministry will provide the Service Provider with an Internet site containing the OBMS software for installation by the Service Provider on their computer. The Service Provider shall ensure that they obtain the latest production version of OBMS. For assignments requiring the recording of initial inventory data, the site numbers and minimal required data for each structure to be inspected will be pre-loaded in the OBMS database provided by the Ministry. For assignments not requiring the recording of initial inventory data the inventory information for the overall structure and for the elements will be pre-loaded in the OBMS database provided by the Ministry. DELIVERABLES: 1) The Service Provider shall provide two (2) electronic copies, on CD format, of the database file

containing all input inventory information (if required according to Section 3.5) and inspection information collected in the field.

2) The Service Provider shall provide draft reports for review when the required 10 preliminary

inspections are complete, then at the 50% and 75% project completion meetings. Then upon completion of the assignment submit two (2) hard copies of the complete OBMS Inspection Report printed double sided for each structure inspected, 1 box for the originals with coloured photos and 1 box of copies and 1 Binder with all reports in numerical order. All reports for each area (i.e. 52, 53, 54 & 62) to be boxed up separately. The report shall be created from OBMS, and shall be printed on standard imperial size 8.5"x11” paper double sided. Copies of all photographs, appropriately labelled, taken for the site shall be included in the Inspection Report. All photographs must be printed on a colour laser printer using picture quality paper. There shall be a separate report produced, bound and stapled, for each structure site with the Summary Action Report attached on front of each report. The Inspection Report shall identify the condition states of the elements, performance deficiencies, required maintenance, and recommendations for repairs and rehabilitation. One box for each Area ( 52,53,54, 62) and all the copies shall be filed together in site # order and one box for all originals filed in site # order in a box filed separately.

3) The Service Provider shall produce a Summary Action Report for each structure in Microsoft

Excel format, which shall include recommendations for other inspections, investigations and surveys to be carried out. The Summary Action Report shall also identify the required maintenance to be carried out on the structure and its elements, and around the structure site. The Summary Action Report shall also include recommendations for repair and rehabilitation


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work required for each element and the time frame within which repairs and rehabilitation should be carried out. Also, a general statement shall be provided on the overall condition of the structure. The Service Provider shall provide two (2) hard copies and two electronic copies on CD format of the Summary Action Report. The summary action report shall be attached to the front of the inspection report. Note: A sample output of a Summary Action Report is given in Appendix “D”. This

template is to be used in final submission, no other substitutes will be accepted. 4) The Service Provider shall provide one (1) colour digital copy of all photographs in “jpg” format

(compatible with the viewing software in the OBMS), resolution at least 1024x768, stored on Windows 2000 readable CD(’s). Digital photos for each structure shall be stored in sub-directories that are labelled by structure Site Number and date of inspection. Each digital photograph file shall be named to allow it to be easily identified with the element or part of the structure to which it applies. All photos for each structure to be saved into BMS by the Service Provider. An Index file and Table of Contents for photographs, as specified in Appendix “E”, shall be created on the CD('s) and a hard copy of these provided with the CD('s).

5) The Service Provider shall provide one (1) colour hard copy of all photographs, of size 100mm

X150mm. Hard copies of the photos shall be placed on 8.5"x11" paper with no more than two photos to a page. The Site Number, structure name and date of inspection shall be printed across the top of the page. A brief description of the element or area photographed, indicating the location and size of the defect or deterioration shown, shall be written below each photo. Note: hard copies need not be on photographic paper. Good quality reproductions from colour inkjet, or laser printers, or colour photocopies are acceptable.

The Service Provider shall provide three (3) copies of a report which details any problems and difficulties encountered in collecting the inventory and inspection data. The purpose of this report is to provide feedback to the Ministry that can be used to improve the ease of collecting and recording the data and the quality of the data collected. Specifically, the Service Provider shall provide feedback as to the ease, or difficulty, of assessing the condition states for elements and quantifying areas, completing the inspection forms, and suggestions for improvements.

OBMS Reports The format and content of the OBMS Reports as well as the inventory data and the inspection procedure, including the amount and type of data to be collected and recorded, shall be in accordance with the requirements of the OSIM Manual (October 2000 – updated April 2008) and shall be entered, using the OBMS data entry forms, and printed from the most current OBMS version. The report shall be created from OBMS, and shall be printed on standard imperial size 8.5"x11” paper. The Service Provider shall produce and staple separate reports for each structure with the appropriate photos attached to the back of the inspection report. There is to be a report for each site # which requires an inspection in 2009 & 2010. If the structure is under construction in the year it is to be inspected, then a new inspection report shall be generated and in the special notes a comment should be put to the reflect that this structure was not inspected in 20XX due to construction and will be inspected when construction is complete or the next cycle is due. An electronic PDF file of the inspection report shall also be created from OBMS for each site, which shall be added to the OBMS data base and stored as a document for each specific site. A sample of the Data Entry forms is contained in OSIM, Section 7 of Part 2. However, when completing the assignment, the inspection forms shall be obtained from OBMS. The List of Bridge Elements, and how their defects are to be recorded (i.e., by area, by length, or by each or %) is obtained from OSIM, Section 2 of Part 2. The Service Provider is advised that OBMS defines the concrete diaphragm by the quantity “each”, while OSIM requires the quantity to be recorded in square metres. The Service Provider shall calculate the quantities in Sq.m and attach a note indicating the unit. The Material Element Condition State Tables that identify the criteria to be used to assess the condition


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states of the elements is obtained from OSIM, Section 4 of Part 2. The Service Provider shall provide 1 colour and 1 black and white hard copy of all photographs, of size 100mm X150mm. Hard copies of the photos shall be placed on 8.5"x11" paper with no more than two photos to a page. The site number, structure name and date of inspection shall be printed across the top of the page. A brief description of the element or area photographed, indicating the location and size of the defect or deterioration shown, shall be written below each photo. Note: hard copies need not be on photographic paper. Good quality reproductions from colour inkjet, or laser printers, or colour photocopies are acceptable. The Service Provider shall provide colour digital copies of all photographs in “jpg” format (compatible with the viewing software in the OBMS and Windows), resolution at least 1024x768, and stored as described in Appendix ‘D’. The Service Provider shall produce a Summary Action Report (sample output in Appendix ‘D’) for each structure in Microsoft Excel format, which shall include recommendations for other inspections, investigations and surveys to be carried out and attached to each inspection report. The Summary Action Report shall also identify the required maintenance to be carried out on the structure and its elements, and around the structure site. The Summary Action Report shall also include recommendations for repair and rehabilitation work required for each element and the time frame within which repairs and rehabilitation should be carried out. Provide a general statement on the overall condition of the structure. OBMS Software The Ministry will provide the Service Provider with a CD containing the OBMS software for installation by the Service Provider on their computer. The Service Provider shall ensure that they are using the latest production version of OBMS. For structures not requiring the recording of initial inventory data, the inventory information for the overall structure and for the elements will be pre-loaded in the OBMS database provided by the Ministry. The OBMS installation CD must be returned to the Ministry at the completion of the assignment. Minimum Hardware Requirements for OBMS Windows XP version:

Hardware: - Pentium III 600 MHz - 128 MB RAM - 200 MB free disk space - SVGA graphic display monitor with 800x600

resolution - Printer Software - Windows XP - Oracle SQL*Net Software (provided by installation

program) - Microsoft Data Access Components 2.5 or greater

NOTE: The Service Provider is advised that the software provided may not be 100% error free and that "bugs" may be encountered when using the OBMS software. The Service Provider shall immediately report all "bugs" or any other software related issues to the Ministry's Project Manager. An electronic copy of the OBMS Known Issues Report will be provided to the successful respondent. The purpose of the report is for the Service Provider to document OBMS software issues. 6.3.3.1 Detail Design Services N/A

6.3.4 Reference Documents


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The following will be provided to the successful Proponent:

- CD containing all OBMS databases for Structures for each County including previous reports - CD of all Existing Bridge Drawings - Electronic copy of the Reference Release Notes and Known Issues Report

6.3.5 Proposal Instruction

The Detail Design Plan is to include the following sections:

6.3 Bridge Engineering 6.3.1 Scope/Work Plans 6.3.2 Deliverables 6.3.3 Staffing 6.3.4 Site Investigation and Field Testing


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6.4 Drainage and Hydrology Engineering - N/A

6.5 Electrical Engineering - N/A 6.6 Engineering Materials Investigations - N/A 6.7 Environmental - N/A 6.8 Foundations Engineering - N/A 6.9 Highway Engineering - N/A 6.10 Pavement Engineering - N/A 6.11 Surveying & Plan Preparation – N/A 6.12 Traffic Engineering – N/A 6.13 Value Engineering - N/A

6.14 Constructability Review Plan - N/A


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6.15 Additional Biddable Work

6.15.1 Design Support and Liaison during Construction

The Service Provider shall provide Design Support and Liaison during Construction as listed below. The Service Provider is required to provide, under this section, the proposal on Design Support and Liaison during Construction identified by the ministry. This will form part of the total lump sum price submitted with the proposal. The Service Provider will provide total biddable costs for this item in Table 14-3: Summary of Project Lump Sum Costs for Detail Design. Staff Position Number of Hours Staff Position Number of Hours Staff Position Number of Hours Staff Position Number of Hours

6.15.2 Additional Biddable Work Items

This area allows the ministry to identify 1 – 2 biddable line items and the corresponding scope of work not covered elsewhere in the RFP. The Service Provider is to cover those items in the proposal under this section in the usual format (scope/work plans, deliverables, staffing, site investigation and field testing, etc), and provide the total costs for each item in Table Form 14-3: Summary of Project Lump Sum Costs for Detail Design. Item Heading / Description Scope of the proposed work will be provided by the Service Provider under Section 6.15.2 and the cost will be provided under Table 14-3: Summary of Project Lump Sum Costs for Detail Design. During this assignment these items may be partially or fully removed from the assignment at the ministry’s discretion.

Section 7: Construction Contract Administration Plan – N/A

Section 8: Engineering Materials Testing And Evaluation Services - N/A


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Section 9: Innovation Plan

9.1 General

An Innovation Proposal is submitted separate from a Basic Proposal. A Service Provider may submit Innovation Proposals for one or more area(s). Also, a Service Provider may opt for not submitting a proposal for Innovation. Each Innovation Proposal is submitted in two (2) separate envelopes; one containing Technical & Management component and the other containing Price/Financial component. An Innovation proposal submitted without the submission of a Basic Proposal will be disqualified and not considered.

A Basic Proposal is to be sufficient to meet all the requirements for an assignment and to provide all deliverables, in a timely manner. An Innovation Proposal if not accepted by the Ministry, shall not influence the Service Provider’s obligations under a Basic Proposal. A basic proposal, which cannot independently deliver on the requirements without relying on the Innovation proposal submitted, will be considered deficient and will be disqualified. An Innovation Proposal is to be substantive and beyond the normal Detail Design work to be carried out for a project. Design routinely involves assessing options, evaluating alternatives, recommending effective, practical and value-added solutions and delivering the design package, specifications, quantities, cost estimates and the related details / documentation. The items, which are considered as part of the normal scope of highway planning, design, construction administration or other normal TPM Services will not be considered under Innovation. An Innovation Proposal outlines the objective and scope of work proposed, clear deliverables, staffing and schedule and the estimated cost. The proposal is to clearly identify the benefits to the Ministry and potential for any further work, which may be needed beyond an Innovation Proposal. The benefits of an innovation proposed may be reflected in process efficiencies, end-product, accelerated schedule, savings on capital costs and /or life cycle costs, drivers’ safety and other similar but major considerations. A Service Provider’s Basic and Innovation Proposals will be separately evaluated and scored such that a Basic Proposal is evaluated first and an Innovation Proposal second. In case a Basic Proposal is disqualified, an Innovation Proposal will not be considered. Innovation Proposals will be evaluated in steps as described below for the expected benefits to the Ministry, timeliness of delivery, the risks to the project or delivery, ability of the Service Provider to deliver the Innovation Proposal and the prospect of the Innovation Proposal providing a successful outcome.

The Technical & Management proposals of all Service Providers, whose Basic Proposals are considered Qualified will be evaluated. All such Innovation Proposals will be screened in relation to the Ministry’s priorities for innovation within the scope of the project.

The Innovation Proposals not meeting the Ministry’s Screening Criteria will not be considered further.

The Innovation Proposals meeting the Ministry’s screening criteria will be further evaluated and scored for: timeliness of delivery; the solid benefits from an Innovation Proposal; any risks to the project; the relative priority for the Ministry of an Innovation in relation to others submitted; and the qualifications of a Service Providers team to deliver a proposed Innovation.

The Technical Scores for an Innovation Proposal will be added into the scores of the Basic Proposal, to obtain the total for Technical Scores. Where more than one Innovation Proposal is submitted, only the scoring of the Innovation Proposal, receiving the highest scores will be included in the total for Technical


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Scores. The price for an Innovation Proposal will not be added to the Price of the Basic Proposal submitted. For selection, the Weights for Total Technical Scores (including Innovation scores), CPR and Basic Price (Price for Innovation not included), will be 40%, 50% and 10% respectively. The Ministry may disqualify an Innovation Proposal if the price of the proposal, assessed by the Ministry, is not appropriate in relation to the overall scope and price of the assignment and the scope of the innovation proposed. Only the technical score of a qualified Innovation Proposal will be added to the technical score of the Basic Proposal, to obtain the Total Technical Score. The technical score of a disqualified Innovation Proposal will not be added to the technical score of the corresponding Basic Proposal. The Ministry may further consider the Innovation Proposal of the winning Service Provider. The Ministry may accept / not accept the Innovation submitted or may negotiate to revise the scope of an Innovation Proposal. The Innovation Proposals of non-winning Service Providers will not be further considered. The finalized Innovation Proposal shall be included in, and form part of the plan(s) (Detailed Design) to which the innovation applies.


The Innovation Plan is to include the following sections:

9 Innovation Plan

9.1 Innovation Proposal 1 [insert title] 9.1.1 Scope/Work Plans 9.1.2 Deliverables 9.1.3 Benefits and Risks 9.1.4 Schedule 9.1.5 Staffing

9.2 Innovation Proposal 2 [insert title] 9.2.1 Scope/Work Plans … [repeat]

… [repeat]

Each Innovation Proposal is limited to a maximum of five pages in length


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Section 10: Quality Control

10.1 General

The Terms of Reference and the Successful Service Provider’s Quality Control (QC) Plan shall become Schedule 8 to the Legal Agreement.

The Service Provider is fully responsible for the quality control of all services in accordance with the QC Plans that have been approved by the Ministry. The Prime Service Provider shall be responsible for the Quality Control Plans of all Specialties including the Plans of Sub-Contractor and take the appropriate corrective measures, in order to maintain the quality of services. The Ministry requires that Service Provider / Sub-Contractor staff directly involved will not be checking their own work for the purposes of Quality Control of Services Plan. The check / audit of quality control for all Specialties including the work of Sub-Contractor (s) shall be conducted by the staff of a Service Provider / Sub-Contractor who have not been directly involved with that component of the work. A senior level staff (Auditor) of a Service Provider / Sub-Contractor will be responsible to oversee the process of checking to resolve all problems/issues, and that all provisions of the QC Plans have been adhered to and provide an audit report to the Ministry project manager. During the agreement, at the dates agreed and at completion, the Auditor shall certify that the Quality Control Plan Process has been duly executed. The process for submission, registration and administration for Service Provider Quality Control Plans has been streamlined. It is required that a Service Provider Quality Control Plan is submitted through Registry, Appraisal & Qualification System (RAQS) in the following three components: - Core Plan - Generic Category Plan - Supplementary Specialty Plan (project specific) The Core Plan is to provide the Service Provider’s corporate policy, best practices and procedures on Quality Control. Only one Core Plan is required from a Service Provider registered in RAQS. The Generic Category Plan will outline the process, which a Service Provider generally follows to provide for the quality of work for the Categories and Specialties, for which a Service Provider has been approved/registered by the Ministry. One Generic Category Plan is required for each Category where a Service Provider is registered under one or more Specialties. Only one Generic Category Plan is allowed regardless of the number of Specialties the Service Provider is registered for. The Core Plan and the Generic Category Plan components are submitted to the Ministry, after a Service Provider has been registered to do the work under the specific Specialties. Upon approval by the Ministry staff, the Core and Generic Category Plans are registered in RAQS. A Supplementary Specialty Plan, which is project specific, is required from the successful Service Provider. A Supplementary Specialty Plan outlines how a Service Provider / Sub-Contractor shall provide for quality control for the individual Phases / Tasks for Specialties included in an agreement. During the agreement and at completion, the Service Provider’s Auditor shall submit reports on quality control (Milestone Quality Report(s)) to the Ministry project manager via RAQS. The Milestone Quality Reports are subject to acceptance by the Ministry Project Manager. The Ministry Project Manager may request clarification or additional information as deemed necessary. The performance of the Service Provider will be tracked on the adherence to the accepted Quality Control Plan, the timely delivery of Milestone Reports, the accuracy of check / audit reporting and any follow up clarification(s) or additional information requested by the Ministry Project Manager. The areas of


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conformance / non-conformance will be documented by the Service Provider. It is the responsibility of the Service Provider to correct the areas of non-conformance. The Ministry may inform the Service Provider in writing to correct any major non-conformance / violation of the Quality Control Plans. If after written notice, the major non-conformance / violation is not corrected, the Ministry may at its own discretion issue an Infraction Report / Penalty(ies) and / or stoppage of work, until the conformance is demonstrated or appropriate revisions to the plans are approved, such that any additional work to obtain conformance shall not constitute a Scope Change under the Legal Agreement. Upon request, the Ministry shall be given access at any time to all records produced in the performance of the Services including inspection records, test results and testing facilities, and to conduct sampling, direct observation of testing as necessary to enable the Ministry to monitor adherence to the Quality Control Plans for Services and other requirements of the Legal Agreement. The Service Provider shall be solely and fully accountable for the quality of the deliverables. The Ministry reserves the right to recover costs which may result from errors, omissions or other actions or inaction of the Service Provider pursuant to the construction administration of the agreement. The detailed requirements, templates and the submission procedures in RAQS for Core, Generic Category Plan(s), Supplementary Specialty Plan and the Milestone Quality Report are listed in the following Document: Service Provider Quality Control (QC) Plan Process, Procedures Guide, Contract Management Office, MTO (the latest version). The document is available at www.raqs.mto.gov.on.ca.

10.2 Quality Control (QC) Plan Process During Agreement

For all RFP agreements, a Service Provider must have as a minimum, a prior registration of the Core Plan and the Generic Category Plan for the category in which the Prime Specialty identified in the EOI Notice is located. The Service Providers who do not meet the requirement will shall not be considered at the EOI/RFP Stages.

10.2.1 Prior to Signing Legal Agreement

Within ten (10) Business Days following notification by the Ministry, the Service Provider shall submit through RAQS a completed Supplementary Specialty Plan together with Templates for the Specialties identified in the proposal submitted by the successful Service Provider. The requirements of prior registration of Core and Category Plans will apply to the Prime Service Provider. If a Sub-Contractor included in a proposal does not have a prior registration of Core and Generic Category Plans, it will be the responsibility of the Prime Service Provider to submit those to the Ministry Project Manager at the time of submission of the their Supplementary Plan. Service Provider’s submission of Supplementary Specialty Plan (and any Core and Generic Category Plan for a Sub-Contractor, if not already registered) is reviewed for acceptance by the Ministry Project Manager. The Ministry Project Manager will provide comments on the Supplementary Plan submitted and request any clarification(s) or additional information as warranted. Only upon the acceptance of the Supplementary Specialty Plan by the Ministry Project Manager by the date specified and by the duly signed / executed Legal Agreement, the Service Provider shall proceed


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with the agreement. Failure to provide an acceptable Supplementary Specialty Plan in RAQS within twenty (20) Business Days may result in the cancellation of the award process for that Service Provider.

10.2.2 During Agreement

The Service Provider is to submit through RAQS, the Milestone Quality Report(s) at the milestone dates identified in the accepted Supplementary Plan. The Ministry Project Manager may accept the Milestone Quality Reports or may request clarification(s) or additional information as appropriate. The Service Provider / Prime Service Provider who is signatory to the Legal Agreement is fully responsible for all aspects of Quality Control of an agreement including the quality control of work by Sub-Contractor(s). The Service Provider is responsible for the timely submission of Supplementary Specialty Plan and Milestone Quality Report(s) including those of Sub-Contractor(s), the accuracy of check / audit reporting and any clarification(s) or additional information requested by the Ministry Project Manager. The performance of the Service Provider will be tracked for the timely delivery of QC deliverables, the accuracy of check / audit reporting and for any follow up clarification(s) or additional information requested by the Ministry Project Manager

10.3 Special Requirements for Engineering Work

All engineering products including contract drawings and engineering reports, must be sealed by a Professional Engineer licensed in Ontario and registered in the relevant RAQS design specialties. In the case of structural and foundations work, two (2) stamps are required.


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Section 11: Occupational Health and Safety Plan

The Terms of Reference and the Successful Service Provider’s Occupational Health and Safety Plan shall become Schedule 9 to the TPMA.


The TPM Service Provider is to adhere to the requirements of Article 4.12 of the TPMA regarding Occupational Health and Safety. Although the Ministry generally views engineering work as non-construction work for the purposes of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, as amended ("OHSA"), the Ministry has been advised that some engineering work may be considered "construction" depending on the nature and extent of the work activities. The Ministry of Labour ("MOL") has indicated that in some cases, certain engineering work may constitute "construction" work for the purposes of the OHSA. The successful Service Provider is advised that it shall be required to review its work activities to achieve compliance with the OHSA and applicable regulations. The contractor shall execute the terms of the Contract in strict compliance with the OHSA and the applicable regulations there under. The TPM Service Provider is advised that the Ministry’s Central Region has been issued a MOL order, which requires the employer to provide a guard or other device to protect a worker when he/she is working within three metres of moving traffic on a freeway. This order is provided in Section 11.6. Traffic control provisions are also provided in the Ontario Traffic Manual Book 7 - Temporary Conditions). The TPM Service Provider is advised to reference this manual for further direction on traffic control. In accordance with Section 30 of the OHSA, the Ministry has provided, appended hereto, a list of designated substances present in Ministry workplaces.


The Service Provider will be responsible for meeting all of the obligations under the OHSA and shall take reasonable efforts so that the TPM Services are carried out in accordance with the OHSA and all applicable regulations. This includes but is not limited to, the duties to: provide a safe workplace; provide information and educate the workers on workplace hazards; appoint a competent supervisor; prepare and provide a health and safety policy; implement a comprehensive health and safety program to support the policy; and take every reasonable precaution to protect the health and safety of workers. The Service Provider shall: i) provide advance notice of the proposed starting date and time, estimated duration, and location

of the work to:

The Ministry Area Contracts Engineer, Name / Telephone Number; The Ministry Contract Control Officer/Contract Services Administrator, Name / Telephone Number; The Ministry Project Manager, Name / Telephone Number;

ii) make reasonable efforts so that work does not start, or must stop, if another Service Provider is

working in the area. An alternate schedule is to be worked out with the Ministry such that their work does not create hazards that impact another service provider; and

iii) make reasonable efforts so that work is not carried out near or within the confines of a

construction project without Ministry approval and direction as this action could implicate the


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Ministry as a constructor for the purposes of the OHSA. The proposed Occupational Health and Safety Plan shall outline the Service Provider’s general approach to Occupational Health and Safety. As a minimum in the proposal, the Service Provider’s Plan shall include:

a signed Occupational Health and Safety Statutory Declaration Form, Section 11.3 certifying that the signatory fully understands and intends to fulfill its obligations as “employer” as prescribed in the OHSA and its regulations; a valid corporate Health and Safety Policy as prescribed in the OHSA. (Please note: The OHSA requirement to have an OHS Policy does not apply to employers with five (5) or less employees.);

a description of the hazards inherent to the work of this Agreement and a description of how these hazards will be managed in compliance with the OHSA and all applicable Regulations;

a description of what provisions it has put (or will put) in place for providing an adequate number of supervisors and that they all satisfy the definition of "competent" as prescribed in the OHSA;

an indication of whether a Preventative Maintenance Program for equipment is available (if required); a description of traffic control provisions, specific to the contract, which demonstrate that the Service Provider is aware of relevant traffic standards and their obligations and responsibilities under the OHSA to provide for public and employee safety for this assignment; a description of what information and instructions shall be provided to employees to so that all employees are informed of the hazards inherent in the Work and understand the procedures for minimizing the risk of injury or illness; procedures for (i) responding to OHS issues identified by MTO; (ii) managing orders from Ministry of Labour (MOL); (iii) fulfilling MOL notification for critical injuries and fatalities; and (iv) notifying MTO of critical injuries/fatalities and MOL orders;

a list of MOL orders that have been issued to the Service Provider within the past five (5) years and any conviction for OHSA violations if applicable.


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11.3 Statutory Declaration

In submitting this proposal, I/We, on behalf of , (Legal name(s) of company) certify the following: (a) I/We have a health and safety policy and will maintain a program to implement such policy as

required by clause 25(2)(j) the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, (the "OHSA").

The above requirements do not apply to employers with five (5) or less employees.

(b) With respect to the services being offered in this proposal, I/we and our proposed Sub-

Contractors, acknowledge the responsibility to, and shall: (i) fulfil all of the obligations under the OHSA and make reasonable efforts so that all work is

carried out in accordance with the OHSA and its regulations. (ii) make reasonable efforts so that adequate and competent supervision is provided as per

the OHSA to protect the health and safety of workers; and (iii) provide information and instruction to all employees so that they are informed of the

hazards inherent in the work and understand the procedures for minimizing the risk of injury or illness.

(c) I/We agree to take every precaution reasonable in the circumstances for the protection of worker

health and safety, as required under the OHSA. Dated at ______________________ this _____ day of ____________________ 20__ (Authorized signing officer for the Service Provider) (Title) (Telephone Number) (Authorized signing officer for the Service Provider) (Title) (Telephone Number) Note: In case of a Joint Venture, signatures of all partners are required.

(Authorized signing officer for the Service Provider) (Title) (Telephone Number)


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11.4 Notice to Service Providers

The Ministry of Transportation has been issued an Order by the Ministry of Labour. The Order reads "Except in an emergency the employer shall, by 01 March 96, not permit a worker on a 400-series highway in Central Region to work within 10 feet or 3 m of moving traffic unless protected by a guard or other device from moving traffic." "Emergency" is described as assisting an injured person or clearing debris that represents an immediate or serious hazard to public safety. "Serious" is that which would affect the movement of a vehicle. "400-series highway" has been changed to "freeway" as defined Ontario Traffic Manual Book 7 - Temporary Conditions, i.e., "any public highway with a continuous dividing median and a posted limit of 90 km/h or greater". "Guard or other device" includes a six-ton dump truck or vehicle of similar weight, a guardrail, barrier or other physical barrier or by distance such that a worker cannot be struck by a moving vehicle or another vehicle in motion as a result of being struck. "Work" is not considered to include getting in/out of vehicles nor the removal or replacement of equipment. If work is being carried out behind a guide rail, barrier or at a distance of greater than 3 m of a travelled lane, a blocker truck would not be required.

11.5 List of Designated Substances in Ministry Workplaces

In accordance with Section 30 of the OHSA, the TPM Service Provider is advised that the Designated Substances silica (O. Reg. 521/92) and arsenic (O. Reg. 508/92) are generally present throughout the project limits, occurring naturally or as a result of vehicle emissions. Exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. In addition, the TPM Service Provider is advised of the presence of the Designated Substances presented in Table 11-1 to which the TPM Service Provider may be exposed when working at the specified locations or while the specified work activities are being undertaken.

Table 11-1 Designated Substances In Ministry Workplaces

Designated Substance Location or Work Activity

Silica (O. Reg. 521/92) Handling sand or gravel. Handling road sweeping materials.

Lead (O. Reg. 519/92) Bridge Washing or repairs of steel structures with lead coatings.

Asbestos (O. Reg. 510/92) Patrol yard building materials (i.e., pipe insulation, ceiling/beam insulation, ceiling tiles, acoustic wallboards, floor tiles, ducts in bridges, etc.).

Mercury (O. Reg. 520/92) Manometers, thermometers or other pressure or temperature sensing devices may contain mercury. Steel Structure coatings may contain small concentrations of mercury.

Arsenic (O. Reg. 508/92) Steel Structure coatings may contain small concentrations of arsenic.


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11.6 MOL ORDERS

1. ORDER # 627339 2. ORDER # 627025


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Section 12: Conflict of Interest

12.1 Conflict of Interest (Proposal Format)

Each Service Provider or member of a Service Provider Joint Venture must include in its proposal confirmation of the following: a) That the Service Provider does not and will not have any conflict of interest (actual or potential) in

submitting its proposal or, if selected, with the contractual obligations of the Service Provider as the TPM Service Provider under the Agreement. Where applicable, a Service Provider must declare in its proposal any situation that may be a conflict of interest in submitting its proposal or, if selected, with the contractual obligations of the Service Provider as the TPM Service Provider under the Agreement; and

b) That the Service Provider neither has nor has access to any Confidential Information as defined below:

“Confidential Information” refers to confidential information of the Crown (other than confidential information which is disclosed to Service Providers in the normal course of the Request for Proposal); the Confidential Information is relevant to the Services required by the Request for Proposals, their pricing or the Request for Proposal evaluation process; and the disclosure of which could result in prejudice to the Crown or an unfair advantage to the TPM Service Provider.

In addition, each proposal shall include a list of names, addresses, telephone numbers and percent of contribution of the persons who participated in the preparation of the proposal (Section 12.4); and The proposal of any Service Provider will be disqualified where the Service Provider fails to provide confirmation of the foregoing or makes misrepresentations regarding any of the above. Further, the Minister shall have the right to rescind any contract with the selected Service Provider in the event that the Minister, in his/her sole discretion, determines that the selected Service Provider has made misrepresentation regarding any of the above, in addition to or in lieu of any other remedies that the Minister has in law or in equity.

The proposal must also include a statement regarding conflict of interest. The Service Provider is to return either the completed:

Certification - No Conflict of Interest (Section 12.2); or Certification - Conflict of Interest (Section 12.3).


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12.2 Certification - No Conflict Of Interest

(Complete 12.2 or 12.3 - Do Not Complete Both) I/We hereby certify that there is not nor was there any actual or potential conflict of interest or unfair advantage in our submitting the Proposal or performing the Services required by the Agreement. In submitting the Proposal, our company has no knowledge of or the ability to avail ourselves of confidential information of the Crown (other than confidential information which may have been disclosed by the Minister to the Service Providers in the normal course of the Request for Proposal) where the confidential information would be relevant to the Services, their pricing or the Request for Proposal evaluation process. ______________________________ _____________________________ Name Signature (Key Contact/Alternate Contact listed in RAQS) _____________________________ _____________________________ Position Date _____________________________ _____________________________ Name Signature (Key Contact/Alternate Contact listed in RAQS) _____________________________ _____________________________ Position Date _____________________________ _____________________________ Name Signature (Key Contact/Alternate Contact listed in RAQS) _____________________________ _____________________________ Position Date Note: In case of a Joint Venture, signatures of all partners are required.


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12.3 Certification - Conflict Of Interest

(Complete 12.2 or 12.3 - Do Not Complete Both) In submitting our Proposal the Service Provider declares that the attached is a list of situations, each of which may be a conflict of interest, or appears as potentially a conflict of interest in our Company submitting the Proposal or performing the contractual obligations of the TPM Service Provider under the Agreement In submitting the Proposal, our Company has/has no (strike out the inapplicable) knowledge of or the ability to avail ourselves of confidential information of the Crown (other than confidential information which may have been disclosed by the Minister to the Service Providers in the normal course of the Request for Proposal) where the confidential information would be relevant to the Services, their pricing or the Request for Proposal evaluation process and where access to such additional information may prejudice the Crown or be an unfair advantage to the TPM Service Provider. (If declaring that the Service Provider has access to additional information that may be confidential, other than confidential information which may be disclosed by the Minister to the Service Providers in the normal course of the Request for Proposal, please attach an explanation describing the additional information and how you have access to it.) With the exception of those situations and/or access to additional information disclosed on the list attached, I/we hereby certify that there is not nor was there any other actual or potential conflict of interest or unfair advantage in our submitting the Proposal or performing the Services required by the Agreement. I/We hereby acknowledge that the Minister at his/her sole discretion shall have the right to determine whether or not the declared situations do constitute an actual or potential conflict of interest or whether access to additional confidential information does constitute an unfair advantage over other Service Providers. I/We acknowledge that in the event that the Minister finds the situations to be a conflict of interest or access to the additional confidential information to be an unfair advantage that our Proposal may be rejected. NOTE: Strike out Inapplicable Paragraphs above.


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______________________________ _____________________________ Name Signature (Key Contact/Alternate Contact listed in RAQS) _____________________________ ____________________________ Position Date ______________________________ _____________________________ Name Signature (Key Contact/Alternate Contact listed in RAQS) _____________________________ ____________________________ Position Date _______________________________ _____________________________ Name Signature (Key Contact/Alternate Contact listed in RAQS) _______________________________ _____________________________ Position Date Note: In case of a Joint Venture, signatures of all partners are required.


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12.4 List of People Who Participated In Preparation of the Proposal Document

Table 12-1 Proposal Preparation Participants

Name Business Address Business Telephone Number

Contribution Or % Of Work


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12.5 List of Former OPS Employees

Table 12-2 is a list of individuals who are former employees of the Ontario Public Service (OPS) whom our company since April 23, 1997 has either appointed to its Board of Directors or employed:

Table 12-2 Former OPS Employees

Name of Individual Job Classification of last

position within OPS Ministry/Agency of OPS where

last Employed


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Section 13: Tendered Contract Tax Compliance

The following form must be submitted as part of envelope #1.

Tax Compliance Declaration

The Ontario Government expects all suppliers to meet their Ontario tax obligations on a timely basis. In this regard, proponents are advised that their Ontario tax obligations, if any, must be in good standing in order to be considered for a contract award. In order to be considered for a contract award, the proponent must submit the following tax compliance status statement and the following consent to disclosure:

Declaration I/We hereby certify that ________________________________________________________ at the time (legal name of bidding company) I/We hereby certify that ________________________________________________________ at the time (legal name of bidding company)

I/We hereby certify that ________________________________________________________ at the time (legal name of bidding company)

of submitting its proposal, is in full compliance with all applicable Ontario tax statutes, whether administered by the Ontario Ministry of Finance or by the Canada Revenue Agency, and that, in particular, all returns required to be filed have been filed and all taxes due and payable under those statutes have been paid or satisfactory arrangements for their payment have been made and maintained; or the Proponent will take all necessary steps prior to being considered for contract award in order to be in full compliance with all applicable Ontario tax statutes.

(Please check applicable box) The Proponent is / is not a corporation subject to Ontario corporate tax under the Taxation Act, 2007 (Ontario). (Please insert Proponent’s Business Number) ____________________________________ (Please insert Proponent’s Business Number) ____________________________________ (Please insert Proponent’s Business Number) ____________________________________ Consent to Disclosure The Proponent consents to the Ministry of Transportation (“Requesting Ministry”) releasing the taxpayer information to the Ministry of Finance as necessary for the purpose of verifying the Proponent’s compliance with Ontario tax statutes. The Proponent consents to the Ministry of Finance releasing taxpayer information to the Requesting Ministry as necessary for the purpose of verifying the Proponent’s compliance with Ontario tax statutes. Dated at ____________________________ this _________ day of _________________________, 20__


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I have authority to bind the Proponent.

This Tax Declaration Form must be signed and the original included with the Proposal.

(An authorized signing officer) _______________________________________________________

(Title) _______________________________________________________

(Telephone Number) _______________________________________________________

(Fax Number) _______________________________________________________

(Company Address) _______________________________________________________

_______________________________________________________

(Contract Number) _______________________________________________________


(Title) _______________________________________________________


(Fax Number) _______________________________________________________

(Company Address) _______________________________________________________

_______________________________________________________


(Title) _______________________________________________________


(Fax Number) _______________________________________________________

(Company Address) _______________________________________________________

_______________________________________________________

Note: In case of a Joint Venture, signatures of all partners are required.


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Section 14: Financial Proposal


Basis of Payment:

The Lump Sum Price shown in Form 14-3 and 14-3-A through 14-3-M; Forms 14-4 and 14-4-A; 14-4-B prepared by the Service Provider and submitted as Financial Proposal shall be full compensation for all services, deliverables, equipment, materials, and testing required to provide the Services. The Lump Sum Price includes, but is not limited to salary, benefits, overhead (office, computer, cell phones, etc.), payroll burden, and profits. Bridge Engineering Services The Lump Sum Price for Bridge Engineering Services is shown in Table 14-3 of the Payment Schedule Form (prepared by the Proponent and submitted in its Financial Proposal). The payments will be made on a monthly basis over the duration of the assignment. Monthly billings must be accompanied by a description indicating the status of the work and percent completion. If the equal monthly payments would result in substantial payments being made in advance of deliverables being produced, or if substantial deliverables are being produced in advance of equal monthly payments, a suitable payment schedule will be arranged by the Ministry and the TPM Service Provider. Construction Contract Administration Services – N/A Change Order / Change Request for Extra Work Extra Work is defined as the TPM Services not included in the Lump Sum Price. Prior Ministry approval is required for starting any extra work, above and beyond the lump sum price agreed. Addenda covering agreed Extra Work will be issued from time to time and will be subject to approval. In the event that the assignment timeframe is shortened and/or the staffing complement is less than anticipated, for whatever reason, the Ministry reserves the right to pursue cost savings through negotiations with the Service Provider. The Ministry’s prior approval is required for the following: Revising any of the staff, equipment, deliverables or rates of payment listed in the Service Provider’s response to this RFP. The addition of work above the Maximum Ceiling Price. Payment Schedule for TPM Services The documentation in the Financial Proposal shall become the Payment Schedule and form Schedule 10 of the TPMA. The Lump Sum Price shown in the Proposal Form (prepared by the Service Provider and submitted in the Financial Proposal) shall be full compensation for all services; deliverables, equipment, materials and testing required during the TPM Services. The Service Provider shall provide the Ministry with the Service Provider’s billing office/address in written format within the submitted Financial Proposal. The TPM Service Provider shall submit monthly invoices throughout the term, on the basis of work


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completed each month together with a Monthly Progress Report. The final invoice shall not be approved for payment until all services are complete and deliverables are received in a form acceptable to the Ministry. The payment on an invoice shall be made on the approval by the Ministry (Legal Agreement Article 13). Canada and Ontario have entered into a Comprehensive Integrated Tax Coordination Agreement whereby Ontario has agreed to pay harmonized sales tax (HST) on its purchases. For Deliverables provided on or after July 1, 2010, the supplier shall invoice and collect HST from the Ministry for the Deliverables in accordance with the provisions of the Excise Tax Act, R.S.C. 1985, c.E-15, as amended or replaced from time to time.

14.2 Proposal Format

The Financial Proposal shall contain the following information: 1. The Service Provider shall submit the following: i) Completed and signed Proposal Form; ii) Completed Proposed Payment Schedule Form Table(s) 14-3, 14-4 (Tables A and B) ; iii) A separate document containing the itemized price breakdown tables - Table(s) 14-3-A to 14-3-M.


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14.3 Proposal Forms

GWP: _________________ TO: Her Majesty the Queen in right of Ontario as represented by the Ministry of Transportation (“the Ministry”). FROM: (the "Service Provider") ADDRESS:

TENDER

The Service Provider hereby tenders and offers to enter into a contract to provide the TPM Services specified in the Total Project Management Agreement and this Request for Proposals for the Lump Sum Price of $ and agrees that upon acceptance of this Tender by the Ministry, this Tender, the Total Project Management Agreement and the Request for Proposals response shall form a TPM legally binding agreement as described in this RFP document.

Canada and Ontario have entered into a Comprehensive Integrated Tax Coordination Agreement whereby Ontario has agreed to pay harmonized sales tax (HST) on its purchases. For Deliverables provided on or after July 1, 2010, the supplier shall invoice and collect HST from the Ministry for the Deliverables in accordance with the provisions of the Excise Tax Act, R.S.C. 1985, c.E-15, as amended or replaced from time to time.

This Tender shall be irrevocable and open for acceptance for a period of ninety (90) days following the Proposal Due Date of Day/Month/Year or as specified in Section A.5 I HAVE AUTHORITY TO BIND THE SERVICE PROVIDER: Signature of Authorized Signing Officer: (Print Name, Title) (Date) I HAVE AUTHORITY TO BIND THE SERVICE PROVIDER: Signature of Authorized Signing Officer: (Print Name, Title) (Date) I HAVE AUTHORITY TO BIND THE SERVICE PROVIDER:


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Signature of Authorized Signing Officer: (Print Name, Title) (Date) Note: In case of a Joint Venture, signatures of all partners are required.


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Payment Schedule Forms

Form 14-1: Summary of Project Lump Sum Prices for Planning - N/A

Form 14-2: Summary of Project Lump Sum Prices for Preliminary Design - N/A


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Form 14-3: Summary of Project Lump Sum Prices for Bridge Engineering

Bridge Engineering

CATEGORY CURRENT

FISCAL YEAR ($)

NEXT FISCAL YEAR

($)

ALL REMAINING

YEARS ($)

TOTAL ($)

OBMS Inspections

Project Management

Bridge Engineering Inspection of: Bridges (only) Bridge Engineering Inspection of: Culverts (only) Bridge Engineering Inspection of: Signs

TOTAL: $ $ $ $

*Bridge Engineering Inspection of Hwy 69/400 39 Bridges (only) 1 Culvert (only) *Bridge Engineering Inspection of Hwy 11 9 Bridges (only) *Bridge Engineering Signs (only)

TOTAL: $ $ $ $

Design Support and Liaison During Construction

Additional Biddable Line Item

Additional Biddable Line Item

TOTAL PROJECT PRICE: $ $ $

$(Total is to be transferred to the Proposal Form in Section 14.3)


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Price Breakdown Forms NOTE: The following price breakdown forms must be completed and provided with a financial

proposal. Failure to provide the completed forms will result in disqualification of the proposal. Mark N/A in case the price for one or more Categories is not included in the proposal.

Form 14-3-O: Price Breakdown for Project Management

Form 14-3-P: Price Breakdown for Advanced Traffic Management Systems – N/A

Form 14-3-C: Price Breakdown for Bridge Engineering – N/A

Form 14-3-D: Price Breakdown for Drainage and Hydrology – N/A

Project Management Item Fee Estimate $

Overall Project Management Project Meetings (Progress and milestone meetings)

Total $

Advanced Traffic Management Systems Item Fee Estimate $

ATMS Project Management Design Total $

Bridge EngineeringItem Fee Estimate $

Project Management Design-Rehabilitation (field review, data collection, contract drawings, tender documents)

Design-New Structures/Replacements (field review, data collection, contract drawings, tender documents)

Design Retaining Walls Design OH Signs and Others Total $

Drainage And Hydrology EngineeringItem Fee Estimate $

Project Management (External Approvals)

Design (Field Reviews, Data Collection, Reports)

Total $


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Form 14-3-Q: Price Breakdown for Electrical Engineering – N/A

Electrical EngineeringItem Fee Estimate $

Project Management Design-Traffic Signals (Field Reviews, Data Collection, Approved Legal Drawings, Contract Drawings, Tender Documents)

Design-Illumination (Field Reviews, Data Collection, Benefit Cost Analysis (High Mast vs. Conventional), Contract Drawings, Tender Documents

Total $

Form 14-3-R: Price Breakdown for Environmental – N/A

Form 14-3-S: Price Breakdown for Foundations Engineering – N/A

Environmental

Item Fee Estimate $Project Management TESR DCR Screening Document PIC Acoustics and Vibration Air Quality Assessment Archaeology/Heritage Contaminant / Waste Management

Landscape Architecture Natural Sciences-Fisheries Natural Sciences-Others Socio-economics/ Agriculture Total $

Foundation EngineeringItem Fee Estimate $

Project Management Site Access and/or specialized drilling methods or equipment

Traffic Control Field Investigations Including drilling and Lab Testing

Design (Report preparation) Total $


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Form 14-3-T: Price Breakdown for Highway Engineering – N/A

Form 14-3-J: Price Breakdown for Pavement Engineering – N/A

Form 14-3-K: Price Breakdown for Surveying – N/A

Form 14-3-L: Price Breakdown for Traffic Engineering – N/A

Highway EngineeringItem Fee Estimate $

Highway Engineering Project Management

Design Total $

Pavement EngineeringItem Fee Estimate $

Project Management Traffic Control Field Investigations (drilling, lab testing, etc)

Design (Report preparation etc.) Total $

SurveyingItem Fee Estimate $

Project Management Engineering Survey-Traffic Control

Engineering Survey-Field Surveys

Engineering Survey-Plan Preparation, DTM, H&V Sheets etc.

Total $

Traffic EngineeringItem Fee Estimate $

Project Management Design Activities

Traffic Data Collection Traffic Study Total $


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Form 14-3-M: Price Breakdown for Value Engineering – N/A

Form 14-3-O: Price Breakdown For Constructability Review(s) – N/A

Form 14-3-P: Price Breakdown For Design Support and Liaison During Construction – N/A

Form 14-3-Q: Price Breakdown For Additional Biddable Work Items – N/A

This additional price breakdown information for Detail Design will be used by the MTO to create a database of Service Provider’s bid prices; and shall not be considered/used as part of any discussions/ negotiations for extra work or work deletions under this current assignment.

Value EngineeringItem Fee Estimate $

Workshop #1 (also includes pre- and post-workshop activities)

Workshop #2 (also includes pre- and post-workshop activities)

Total $

Constructability Review(s)Item Fee Estimate $

Total $

Design Support and Liaison During ConstructionItem Fee Estimate $

Total $

Additional Biddable Work Items Item Fee Estimate $

Total $


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Form 14-4: Summary of Lump Sum Prices for Engineering Materials Testing - N/A

ENGINEERING MATERIALS TESTING

CATEGORY CURRENT

FISCAL YEAR ($)

NEXT FISCAL YEAR

($)

ALL REMAINING

YEARS ($)

TOTAL ($)

FIELD TESTING - N/A (Form 14-4-A)

LABORATORY TESTING - N/A (Form 14-4-B)

TOTAL PRICE: $ $ $ $


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Form 14-4-A: Engineering Materials Field Testing Price Reference Table - N/A

Material Field Tests

$/Test

(A)

No. of Tests

(B)

Total $

(A * B)

Responsible Party

Earth Compaction

Granulars Compaction

Hot Mix Hot Mix Pavement Smoothness (profilograph)

Review Mix Design Documentation

Hot-in-Place Recycling

Cold-in-Place Recycling

Macrotexture (Sand Patch)

Concrete Bridge Deck Waterproofing Thickness

Review Mix Design Documentation

Half Cell Survey

Covermeter Survey

Concrete Pavement Smoothness (profilograph)

Water Well Testing / Well Investigation

Miscellaneous Traffic Paint Thickness

Glass Bead Distribution

TOTAL LUMP SUM FOR FIELD TESTING $

Form 14-4-B: Engineering Materials Laboratory Testing Price Reference Table - N/A

Material Laboratory Tests

$/Test

(A)

No. of Tests

(B)

Total $

(A * B)

Designated Laboratory

Earth Proctor

Silt Content

Atterberg Limits

Organic Content

Soils Moisture Content of Soils

Particle Size Analysis of Soils

Atterberg limits

Relative Density of Soils


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$/Test

(A)

No. ofTests

(B)

Total $

(A * B)


Moisture-Density Relationship of Soils

ASTM D 2166 Unconfined compressive strength of cohesive soil

ASTM D 2850 Unconsolidated undrained compressive strength of cohesive soils in triaxial compression

ASTM D 4767 Consolidated undrained triaxial compression with pore pressure measurement during shearing

ASTM D 3080 Direct shear test of soils under consolidated drained conditions

ASTM D 2435 One-dimensional consolidation properties of soils

ASTM D 2434 (LS-709) Permeability of granular soils by constant head method

ASTM D 5084 Hydraulic conductivity of low permeable soils using a flexible wall Permeameter

point load strength index – ISRM Suggested Method

ASTM D 2938 uniaxial compression

ASTM D 5607 joint shear strength

Granulars Washed Gradation

Proctor

Hot Mix Review mix-design documentation

AC content and aggregate gradation

Marshall Properties (including Air Voids, Stability, Flow and VMA)

Pavement Compaction Cores (BRD, MRD and thickness)

Virgin Asphalt Cement Quality (PGAC) Specification Compliance Testing

For bidding purposes use

2 tests per contract

Compliance MP1 Testing - refer to SP PGAC 1101, Section 5.1 in the Tender documents

Anti-stripping Additive

MTO

Crack Sealing Quality

MTO

Emulsion, Cutback or Primer Quality

MTO


64


$/Test

(A)

No. ofTests

(B)

Total $

(A * B)


Special Quality Testing of Aggregates for Physical Properties (DFC, OFC, HL1, HL3, Mod)

MTO

Hot-In Place Recycling

Cold-In Place Recycling

Concrete Mix design verification

Compressive Strength Testing of Concrete Cores

Compressive Strength (sets of 2 cylinders or 3 grout cubes)

High Performance Concrete Compressive Strength(Sets of three cylinders)

Portland Cement Quality

MTO

Hydraulic Slag or Fly Ash Cementitious Material Quality

MTO

Water Quality (if not MOH approved)

Curing Compound Quality 1 per contract

per type Audit MTO

Air Entraining and Chemical Admixture Quality

1 per contract per type

Audit MTO

Latex Modifier Quality

MTO

Latex Yield and Flow

Aggregate Quality Testing

Quality Testing of Granular Coarse Aggregate for physical properties incl.: Petrographic Number, Percent Crushed (1 face), Micro-Deval, Percent Asphalt Coated Particles and Gradation.

Quality Testing of Granular Fine Aggregate for physical properties incl: Micro-Deval, Plasticity Index and Gradation

Quality Testing of Hot Mix Coarse Aggregate for physical properties incl: Wash Pass 75 um, Absorption, Micro Deval, Percent Flat and Elongated Particles, Petrographic Number, Freeze Thaw (or Magnesium sulphate as required), Percent Crushed (one or two faced crushed as required), and Gradation

Quality Testing of Hot Mix Fine Aggregate for physical properties including Micro-Deval, Plasticity Index and Gradation.


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$/Test

(A)

No. ofTests

(B)

Total $

(A * B)


Special Quality Testing of Hot Mix Aggregates for Physical Properties (DFC, OFC, HL1, HL3 Mod)

MTO

Quality Testing of Concrete Coarse Aggregate for physical properties including Wash Pass 75 um, Absorption, Magnesium Sulphate/Freeze Thaw, Percent Flat and Elongated Particles, Petrographic Number, Micro-Deval, and Gradation.

Quality Testing of Concrete Fine Aggregate for physical properties incl: Micro-Deval, Organic, Mortar Bar Strength and Gradation

Petrographic Evaluation of Granular Fine Aggregate

Petrographic Examination of non-carbonates material retained on the 4.75 mm (Hot Mix Coarse Aggregate)

Insoluble Residue (Hot Mix Coarse Aggregate)

Freeze Thaw

Micro-Deval, Coarse Aggregate

Micro-Deval, Fine Aggregate

Percent Crushed (2 face)

Percent Asphalt Coated Particles

Reclaimed Asphalt Pavement Extraction for AC content and aggregate gradation (Analysis of RAP)

Miscellaneous Post Tension Cables

MTO

Shotcrete Cores

MTO

Grout, temperature, w/c ratio and expansion

Bridge Deck Waterproofing Quality

MTO

Protection Board Quality

MTO

Hot Poured Rubberized Asphalt Joint Seal Quality

MTO

Expansion Joint Seals

MTO

Elastomeric/Rotational Bearings

MTO

Structural Steel Coating Material Quality

MTO

Metal Wire Galvanizing

MTO

Traffic Paint Quality

MTO


66


$/Test

(A)

No. ofTests

(B)

Total $

(A * B)


Traffic Paint Thickness (Site Testing)

Glass Beads Quality

MTO

Glass Bead Distribution Rate

Thermoplastic Pavement Markings

MTO

Field Reacted Polymer Pavement Marking

MTO

Pre-formed Pavement Marking Tape

MTO

Geotextile Quality (including Thickness, strength and mass)

MTO

Test Piles

Other

TOTAL LUMP SUM FOR LABORATORY TESTING $


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Section 15: Insurance Requirements


The project insurance requirements are described in Article 15 of the TPMA. The TPM Service Provider including each firm of a Service Provider Joint Venture on or before execution of the TPMA requires proof of insurance. The attached form can be used in providing proof of appropriate General Liability Insurance. (This form does not cover Professional Liability Insurance). If the TPM Service Provider or Service Provider Joint Venture chooses not to use this form, proof of appropriate General Liability Insurance coverage, and the Ministry being a named insured in the policy is required.


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Certificate of Commercial General Liability Insurance Contract No.: ___________________ To: Ministry of Transportation (hereinafter called the "Ministry"):

1. This is to certify that ___________________________________

(hereinafter called the "Service Provider") is insured by this insurer Policy No. (s) _____________________ expiring ____________, covering liability, as imposed by law or assumed by the Company under the terms of the above described Contract, for damages because of:

a) Bodily injury, sickness or disease, including death at any time resulting there from; and

b) Damage to or destruction of property of others caused by accident, including loss of use

thereof; subject to a limit of liability of not less than five million ($5,000,000) dollars, inclusive for any one occurrence. 2. As applying to the contract, the policy includes coverage for liability arising out of operations

performed for the Service Provider by any Sub-Contractor. 3. The policy includes an additional insured, the Ministry, but only in respect of, and during,

operations performed by or on behalf of the Service Provider and not in respect of any act or omission of the Ministry, or any of the Ministry's servants. In addition, the policy shall contain a Cross Liability Clause Endorsement.

4. The policy shall be an occurrence policy. In the event that the policy is changed or cancelled, the insurer agrees to give prior written notice to the Ministry in the manner set forth in the Policy Conditions. Dated at _________________ this _____ day of ___________________ 20_ ______________________________ _____________________________ (Signature of Insurer's Official) (Title) Note: For Joint Ventures, all partners must complete this form.


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Section 16: Technical Standards and Specifications

Section 16 shall become Schedule 11 to the TPMA. This Project shall be carried out, designed and constructed in accordance with the Project Requirements outlined in this RFP, the Ministry's current directives, accepted standards, specifications, practices, policies and procedures, and Regional memoranda. The Technical Standards and Specifications define the standards to be used in the design and contract administration, and the minimum quality for materials that shall be specified. In the event of any conflict or inconsistency between documents, documents with the most recent date shall prevail.

16.1 Detail Design Assignments

The applicable standards and specifications include but are not limited to the following documents:

Table 16-1 List of Documents with Current Standards and Specifications

Document Distributor

Abbreviation and Symbols Manual

Publications Ontario Order By Phone: 1-800-668-9938 or (416) 326-5300 or

online at: http://pubont.stores.gov.on.ca/pool

AutoCAD Drawings Structural Library Publications Ontario AutoCAD Standards Guide 2004 Publications Ontario Bailey Bridge Manual Publications Ontario Bridge Clearance and Load Restriction Manual Publications Ontario Canadian Bridge Analysis System (CANBAS) Input Instruction Manual, latest version

Publications Ontario

Canadian Highway Bridge Design Code, CAN/CSA-S6-00 CSA International Canadian Portland Cement Association “Thickness Design for Concrete Highways and Street Pavements”

Canadian Portland Cement Association

Cathodic Protection Manual for Concrete Bridges Publications Ontario

Class Environmental Assessment for Provincial Transportation Facilities (2000)

MTO Website (Publications > Environmental Standards and

Practices) and Publications Ontario

Commercial Site Access Policy and Standards Manual Publications Ontario Commercial Vehicle Survey Customized Report Publications Ontario Concrete Culvert Design and Detailing Manual Publications Ontario

Constructability Review Process Guide Ver. 2.0 (April 2010) MTO – Contract Management Office

Construction Administration and Inspection Task Manual (the most current published edition at the time the proposal is accepted)


Construction Contract Administration Regional memoranda MTO – Regional Construction Office Construction Manual Publications Ontario Construction Update (sections which are still in force) MTO – Regional Construction Office Service Provider Performance and Selection System, Service Provider Reviews and Service Provider Infraction Reports – Process Guide (Revised), latest revision

MTO – Website www.raqs.mto.gov.on.ca/

Service Provider Quality Control (QC) Plan - Process Procedures Guide, latest revision

MTO – Website www.raqs.mto.gov.on.ca/

Contractor Performance Rating Guideline MTO – Regional Construction Office


70


Contract Design Estimating and Documentation Manual Publications Ontario Corridor Control and Permit Procedures Manual Publications Ontario

Design Manual For Highway Illumination – Metric MTO – Traffic Operations Engineering

Section (905-704-2955) Designated Sources for Materials Publications Ontario DGS Design Graphic System User Manual Publications Ontario Drainage Management Manual – Volumes 1, 2, 3 and 4 Publications Ontario Electrical Engineering Manual Volume 1 - Electrical Design Publications Ontario Electrical Engineering Manual Volume 2 - Electrical Maintenance Publications Ontario Electrical Engineering Manual Volume 3 - C.D.E.D. Publications Ontario Electrical Engineering Manual Volume 4 - FTMS C.D.E.D. Publications Ontario

Engineering Survey Manual MTO On-line library catalogue and


Environmental Glossary (2006)



Environmental Guide for Assessing and Mitigating the Air Quality Impacts and Greenhouse Gas Emissions of Provincial Transportation Projects (2012)


Practices)

Environmental Guide for Built Heritage and Cultural Heritage Landscapes (2007)



Environmental Guide for Contaminated Property Identification and Management (2006)



Environmental Guide for Erosion and Sediment Control During Construction of Highway Projects (2007)



Environmental Guide for Fish and Fish Habitat (2009)



Environmental Guide for Noise (2006)



Environmental Guide for Patrol Yard Design (2006)



Environmental Guide for Wildlife in the Oak Ridges Moraine (2006)



Environmental Guidelines for Structural Steel Coating (1996)



Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance (2006)



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Environmental Reference for Contract Preparation (2007)



Environmental Reference for Highway Design (2009)



Environmental Standards and Practices User Guide (2006)



Exceptions to the Canadian Highway Bridge Design Code CAN/CSA-S6-00Sign Support Inspection Guidelines

MTO – Bridge Office

Field Guide for the Acceptance of Hot Mix and Bridge Deck Waterproofing Publications Ontario Flexible Link Slab for Steel Girder Bridges MTO – Bridge Office Formwork and Falsework Manual Publications Ontario Geometric Design Standards for Ontario Highways - Metric Publications Ontario Guideline for the Design of Snowmobile Bridges MTO – Bridge Office

Guidelines for Drinking Well Water Sampling and Testing in Ministry of Transportation Activities (2004)



Highway Design Office Bulletins/Memos MTO – Highway Design Office Highway Equipment Standards Manual Publications Ontario King’s Highway Guide Signing Policy Manual Publications Ontario Inspector’s Diary Publications Ontario Integral Abutment Bridges Publications Ontario King’s Highway Guide Signing Policy Publications Ontario Laboratory Testing Manual Publications Ontario Maintenance Manual Publications Ontario Manual for Condition Rating of Flexible Pavements (SP-024) MTO – MERO Manual for Condition Rating of Rigid Pavements (SP-005) MTO – MERO Manual of Standard Short Span Steel Bridges Publications Ontario Mix Design Method for Recycled Hot Mix MTO – MERO

MTO Class EA Process Monitoring Program (2003) MTO Website (Publications > Environmental Standards and

Practices)

MTO/DFO/OMNR Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings (2013)



MTO/DFO/OMNR Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings, User Field Guide



MTO Gravity Pipe Design Guidelines: Circular Culverts and Storm Sewers

Available in digital format through the MTO Online Library Catalogue

MTO/MOE Memorandum of Understanding on Permits-To-Take-Water (2006)


Practices) and


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MTO/MOE Protocol for the Management of Excess Materials in Road Construction and Maintenance (1994)


Practices) MTO Soil Classification Manual Publications Ontario Ontario Bikeways: Planning/Design Guidelines Publications Ontario Ontario Highway Bridge Design Code (3rd edition, 1991) Publications Ontario Ontario Highway Traffic Volumes 1988 – 2002 Publications Ontario Ontario Modular Bridge Analysis System (OMBAS) Publications Ontario Ontario Modular Bridge Analysis System: Input Instruction Manual Publications Ontario Ontario Modular Bridge Analysis System: User’s Guide Publications Ontario Ontario Provincial Standards and Specifications (OPS) User's Guide Publications Ontario OPS Specifications for Roads and Municipal Services, Vol 1, General Conditions of Contract and Specifications for Construction (Div 1 to 9)


OPS Specifications for Roads and Municipal Services, Vol 2, Specificationsfor Material


OPS Specifications for Roads and Municipal Services, Vol 3, Drawings for roads, barriers, drainage, sanitary sewers, watermains and structures


OPS Specifications for Roads and Municipal Services, Vol 4, Drawings for Electrical Work


Ontario Structure Inspection Management Systems (OSIMS) User’s Guide Publications Ontario Ontario Structure Inspection Manual Publications Ontario Ontario Traffic Manual (OTM) Series available from University of Toronto Press

University of Toronto Press

Ontario Traffic Signal Control Equipment Specifications Publications Ontario OSIM Ontario Structure Inspection Manual Publications Ontario Overcoating – Technical Assessment of Existing Coatings of Steel Bridgesfor Overcoating

MTO – Bridge Office

Parametric Estimating Guide MTO – Estimating Office Pavement Design and Rehabilitation Manual Publications Ontario Pesticides Spray Manual Publications Ontario Performance of Integral Abutment Bridges Report Publications Ontario Pile Load and Extraction Tests, 1954 - 1992 Publications Ontario Chapter 5 of Construction Manual MTO – Contract Management Office Guide to the Design of Post-Tensioned Decks Publications Ontario Prestressed Concrete Manual for Quality Assurance of Bridges During Construction


Procedures for the Design of High Mast Pole Foundations MTO – Bridge Office Progress and Final Payment Guidelines (July 2003) MTO – Regional Contract Office Property Request Manual MTO – Property Section Provincial Highways Distance Table Publications Ontario Remote Airport Lighting Manual Publications Ontario Roadside Safety Manual Publications Ontario

Retained Soil System (RSS) Guidelines (2007) MTO – Materials Engineering and

Research Office Safety Practices for Structure Inspections MTO – Bridge Office Seeding and Cover Quality Assurance Visual Inspection Field Guide Publications Ontario Semi-Integral Abutment Bridges Manual Publications Ontario Short Span Steel Bridges Publications Ontario Sign Support Manual Publications Ontario Soil Classification Publications Ontario Soils Manual Publications Ontario


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Standard Ministry forms related to Construction Contract Administration Services

MTO – Regional Construction Office

SFAM Structural Financial Analysis Manual Publications Ontario Structural Manual Publications Ontario Structural Steel Coating Manual Publications Ontario Structure Rehabilitation Manual Publications Ontario Traffic Control Signal Timing and Capacity Analysis for Signalized Intersections

MTO – Traffic Office

Transportation of Dangerous Goods AASHTO 1993 AASHTO Guide for the Design of Pavement Structures for Rigid and Flexible Pavements

AASHTO

Applicable Ministry Directives and Regional Memoranda MTO – Regional Contracts Office Regional Specific Documents Publications Ontario Central Region Operation Constraints and Non-standard Special Provision MTO CR Northwestern Region [V:\~Service Provider Repository] Files MTO – NWR Planning & Design All issues of the current Construction Update MTO – Construction Guidelines for conducting ½ Cell Survey and Covermeter Survey MTO – Construction

Guide for Preparing Hydrology Reports for Water Crossings MTO – Drainage Management Web

site

Storm water Management Requirement for Land Development Proposals MTO – Drainage Management Web

site

Evaluation of Drainage Management Software MTO – Drainage Management Web

site In addition to the duties detailed elsewhere in this Agreement, as part of this TPM Assignment, the TPM Service Provider shall include the following special provisions in the Construction Contract Documents:

16.2 Construction Contract Administration – N/A


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Section 17: Ministry Acceptance/Approvals

Section 17 shall become Schedule 12 to the TPMA.

17.1 Planning, Preliminary Design and Detail Design Assignments - N/A

In addition to requirements outlined elsewhere in the Agreement, the TPM Service Provider must secure the specific approvals and acceptance of the Ministry outlined in Table 17-1. The turnaround times specified below apply only upon submission of all required documentation.

Table 17-1 Ministry Acceptance/Approvals

Ministry Acceptance/Approvals Turnaround

Time

Service Provider Supplementary Specialty Plans Acceptance 10 Business

Days External Approvals/Commitment Conditions and TESR and Changes Thereto

Approval 20 Calendar

Days

Design criteria Approval 20 Calendar

Days

Property Request Approval 20 Calendar

Days

Property Related Agreements with Municipalities/Private owners Approval 20 Calendar

Days

Design and layout of Temporary and Permanent Signals Approval 20 calendar

days

Utility Relocation Cost-sharing Arrangements Approval 20 Calendar

Days

Layout and wording of Permanent Signs Approval 20 Calendar

Days

Traffic control plan (operational constraints) Approval 20 Calendar

Days

Horizontal and Vertical Project Control Approval 20 Calendar

Days

Structure General Arrangement Drawing Approval 20 Calendar

Days

Project Physical Configuration Approval 20 Calendar

Days Transportation of oversized loads Approval 7 Calendar Days

Load limits (as per Highway Traffic Act) Approval 20 Calendar

Days

Contract Package Acceptance 20 Calendar

Days Contractor's Quality Control Plan Acceptance 3 Business Days Construction Contract Change Orders (<$15K only if precedent setting, >$15K and all changes to traffic operational constraints)

Approval 7 Calendar Days

Changes to Contractor’s working days/completion date Approval ** Construction Contract – Contractor Initiated Change Proposals Approval **

Stop Work Order (non safety related) Approval Same Business

Day


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Sub-contract Substantial Performance Acceptance Approval 3 Business Days

Contract Substantial Performance Acceptance Approval 3 Business Days Issue of Certificate of Completion Approval 3 Business Days

** To be agreed to by the Ministry and the TPM Service Provider Draft documents for design work shall be submitted and shall have the same turnaround time as stated above for final documents. Draft documents for design work shall be submitted and shall have the same turnaround time as stated above for final documents.

17.2 Construction Contract Administration – N/A


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Section 18: Ministry Work and Reimbursable Services

Section 18 shall become Schedule 13 to the TPMA. The TPM Service Provider may request, Ministry Technical Services in conformance with the TPMA based on the following rates:

Management and Professional Staff per diem rate = $1,000 Technical Staff per diem rate = $800

Should the TPM Service Provider require any other services of the Ministry, these will be negotiated as required. The Ministry will provide the following services during Construction, if applicable: General guidance and direction of a Ministry Representative who will be making periodic visits to the Working Area and other Ministry design, estimating, materials or other specialists who may be available on a limited basis when circumstances warrant. The TPM Service Provider is referred to the Ministry caution regarding accountability stated in Section 8.

The testing services for the specialized materials listed below: Asphalt mix design verification and acceptance for Open Friction Course and Electrically Conductive

Mix only; Hot poured rubberized asphalt crack sealing compound; Portland cement, slag and fly ash; Curing compounds, air entraining and chemical admixture quality; Latex modifier quality; Quality testing for bridge deck waterproofing material properties; Quality testing of pavement marking materials, paint and reflectorized beads – material properties; Ministry or private sector referee testing services; Anti-stripping additive Quality; Emulsion, Cutback or Primer Quality; Special Quality Testing of Aggregates for Physical Properties (DFC, OFC, HL1, HL3 Mod); Post tension cables; Shotcrete cores; Protection Board Quality; Membrane Reinforcement; Hot Poured Rubberized Asphalt Joint Seal Quality; Expansion Joint seals; Elastomeric and Rotational Bearings; Structural Steel Coating Material Quality; Metal Wire Galvanizing; Geotextile quality testing; and Quality Assurance Laboratory Testing. Test results provided by the Ministry shall be returned and communicated to the Contractor within two (2) Business Days of receipt.


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Section 19: Draft Service Provider Performance Appraisal Forms

The following appraisal in Draft Form has been included, as an attachment to the RFP document: Functional Assignment Appraisal - Engineering and Related Services-3 The Ministry will monitor the timeliness and quality of the Services and Deliverables over the course of this Assignment. Pursuant to Article 3.2 of the Agreement, the Ministry, or its delegate, reserves the right to visit the office of the Service Provider or Sub-Contractor to conduct an independent audit of the work currently completed. The Service Provider shall maintain Assignment records and make these available for review at the time of such audits. Any audits performed will be used in the assessment of the Service Provider’s Performance. Results of the audits may impact the service provider's eligibility to perform future work for the Ministry.

Section 20: Referee Process

Section 20 shall become Schedule 14 to the TPMA. 1 INTERPRETATION

1.1 Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the TPMA.

2 OBJECTIVE OF THE REFEREE PROCESS

2.1 The objective of the Referee Process is to resolve the larger, more serious, precedent setting disputes that cannot be resolved through direct negotiations between the Ministry and the TPM Service Provider. The Referee Process is designed to resolve disputes expeditiously, on-site, during design and/or construction, with the direct participation of the staff most familiar with the work. The disputes are addressed while relevant staff members are still accessible and while the facts are still fresh in the minds of those persons. The disputes are addressed when mitigation, rescheduling and design changes are still possible.

2.2 The emphasis is on the technical aspects of the disputes with due consideration being given to legal

aspects. Resolving disputes during design and/or construction requires that the TPM Service Provider and the Ministry prioritize their time and consider the considerable returns associated with expedient dispute resolution. Use of the Referee Process after project completion reduces the effectiveness of this process.

2.3 It is not intended for the Ministry or the TPM Service Provider to default on their responsibility to

amicably and fairly settle their differences by indiscriminately terminating claim negotiations and assigning disputes to the Referee.

2.4 When a dispute is serious enough to warrant the Referee's review, it is anticipated that the majority of

the preparation work, investigative work, calculations, costing of the quantum, testing and so on will have been done during the negotiation stage that precedes the Referee stage. The negotiation stage is the first stage in the dispute resolution process, not the Referee stage.

2.5 The Referee Process does not apply to Service Provider Performance Appraisals and Service

Provider Infraction Reports. 3 INITIATION OF THE REFEREE PROCESS

3.1 Upon notice of a request to use the Referee Process, and agreement by the other party, the Ministry and TPM Service Provider shall select an individual as the referee. If the Ministry and TPM Service Provider cannot agree upon an appropriate referee, the Referee Process shall not be utilized.

4 REFEREE'S ROLE

4.1 The Referee's role is to fairly and impartially consider all the evidence put forward by the parties, at hearings. The Referee will then make a non-binding written recommendation and/or determination of the principles of the dispute or the respective liabilities of the parties in connection therewith. The Referee will not normally provide any recommendation or determination as to the quantum of a dispute, unless the TPM Service Provider and the Ministry mutually agree and instruct the Referee accordingly. The parties may mutually agree to request the Referee to make a binding determination.


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4.2 The Referee will refrain from:

4.2.1 giving interim opinions on the relative merits of any aspect of a dispute;

4.2.2 giving any advice or counsel to either party; and

4.2.3 acting as a mediator.

4.3 The Referee is a neutral, impartial, ethical professional with no interest in the TPM Agreement or the Project, other than payment for her/his own services. In this regard, the Referee shall not work directly for either the Ministry or the TPM Service Provider (or any Company related company, partnership or individual) during the term of this Project or for a period of two (2) years following the completion of this Project, without the written consent of the other party. If the dispute is not resolved by the Referee Process, the Referee will not assume the role of an arbitrator in a arbitration, or act for either party, or appear as a witness in later arbitration or litigation processes.

4.4 In arriving at her/his recommendations, the Referee testimony shall consider and weigh all of the

evidence presented as well as the submissions of the parties to the dispute. The formal rules of evidence applicable to legal proceedings shall not be strictly applied in these proceedings and the Referee, in his/her sole discretion, shall determine what evidence may be admitted and what weight to place upon any particular piece of evidence. The Referee may rely on his/her own experience and training in arriving at his/her decision, but the Referee’s fundamental duty is to make an impartial assessment of the facts and adjudicate upon the issues accordingly.

4.5 The Referee will not conduct tests, do independent investigation into the background of the dispute or

arrange for witnesses or experts to attend hearings. If additional information is needed in order to assist the Referee to resolve the dispute, the TPM Service Provider and the Ministry shall cooperate to expediently and objectively obtain such information. It is the responsibility of each party to present sufficient evidence to demonstrate its position to the other party and the Referee and to arrange for its own witnesses to attend the hearings.

5 DOCUMENTS

5.1 Upon the retention of the Referee, the requesting party will provide the Referee with a copy of the TPM Agreement so that the Referee may familiarize himself/herself with the project.

5.2 A copy of other documents related to the dispute shall be made available to the Referee only, in strict

confidence, at the Referee's request, where the documents are required to assist in the resolution of a dispute. The Referee will review and return the documents without making any copies, within seven (7) calendar days of receiving the documents. The Referee will only refer to information from the documents in the final decision on the matter where necessary.

6 PRE-HEARING INFORMATION

6.1 The requesting party shall provide the Referee and the other party with the information set out below, within seven (7) calendar days after the retention of the Referee.

6.2 The Ministry and the TPM Service Provider may mutually agree that a briefer submission is

acceptable, in lieu of the information listed below. However, consideration shall be given to the fact that most of this information should be available from the negotiation stage. In addition, consideration shall be given to the fact that the lack of prior preparation for the hearing will lengthen the Referee Process and make the Referee's task more difficult.

6.3 Pre-hearing information to be provided by the requesting party:


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6.3.1 a chronological listing of the events and facts leading up to the dispute;

6.3.2 disputed issues and grounds for alleged liability of the other party;

6.3.3 particular activities affected;

6.3.4 actual lost time and extra costs to date including impact costs;

6.3.5 non-binding estimates of the total delay in final completion and final total extra costs, including

impact costs (if actual final costs not known);

6.3.6 logical connections between issues, delays, extra costs and impact costs;

6.3.7 pertinent documents, references and evidence which are or may become necessary for the Referee to perform his/her function (i.e. Agreement or contract law references, drawings, sketches, calculations, procedures, schedules, Proposal documents and so on);

6.3.8 lists of witnesses and internal experts that the requesting party will call, with a brief summary

of their job title and their reports or positions on the dispute;

6.3.9 a list of relevant witnesses from the responding party that the requesting party would like to have attend at the hearings;

6.3.10 whether the Referee is requested to make a non-binding recommendation or determination

with respect to the quantum of the dispute; and

6.3.11 a list of any affected third parties that will attend and their interest in the dispute.

6.4 The responding party will respond to the requesting party's position, in writing, within seven (7) calendar days of receipt of the requesting party's pre-hearing information, with a copy to the requesting party and the Referee.

6.5 Pre-hearing information to be provided by the responding party:

6.5.1 which aspects of the requesting party's information are accepted and which aspects are

disputed (and why);

6.5.2 data on any counter-claims the responding party is making;

6.5.3 other pertinent documents, references and evidence not yet provided to the Referee;

6.5.4 lists of witnesses and internal experts that the responding party will call, with a brief summary of their job title and their reports or positions on the dispute;

6.5.5 a list of relevant witnesses from the requesting party that the responding party would like to

have attend at the hearings;

6.5.6 whether the responding party agrees that the Referee is to make a non-binding recommendation or determination with respect to the quantum of the dispute; and

6.5.7 a list of any additional, affected third parties that will attend and their interest in the dispute.

6.6 The Referee conducts the on-site review, if necessary, within seven (7) calendar days of receiving the

responding party’s pre-hearing information. The Referee's on-site review shall be done in the presence of both parties. If objections to the Referee conducting the on-site review are received, the Referee shall first address the objections and then conduct the on-site review within seven (7)


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calendar days of having addressed the objections.

6.7 If the responding party disagrees that the Referee is to make a recommendation or determination with respect to the quantum of the dispute, the Referee shall only make a non-binding recommendation or determination as to the principles of the dispute or the respective liabilities of the parties in connection therewith.

6.8 Either party may make a request to introduce new evidence or witnesses at any time after making its

pre-hearing submissions and up to the end of the hearing. The Referee may either grant or refuse the request. The Referee may adjourn the hearing or take whatever steps are appropriate in the circumstances to accommodate the request.

6.9 The Referee shall terminate the Referee Process if the Referee determines that one or both of the

parties is/are delaying the process unnecessarily. 7 DATE, TIME AND PLACE FOR HEARING(S)

7.1 After consulting with both parties, the Referee shall set the date, time and place for the initial hearing and advise the parties accordingly. The date for the initial hearing shall not be later than twenty-one (21) calendar days from receipt of the responding party's pre-hearing information. The hearing will generally be held on-site and shall alternate between the Ministry's and the TPM Service Provider’s offices. On-site facilities shall be used free of charge.

7.2 A party to a dispute requesting, on less than one (1) week’s notice, that the hearing be cancelled or

rescheduled shall pay the Referee an administrative fee of $500.

7.3 Where, without showing sufficient cause, a party fails to appear at a Referee hearing or to produce documentary evidence, the Referee may continue the hearing and make his/her final non-binding recommendation or determination based on the evidence before him/her. Alternatively, the Referee may terminate the Referee Process if the Referee considers the missing party's statement or the missing information to be significant.

7.4 Except for making meeting arrangements, the Referee will not communicate with either party, without

the other party present, unless the other party gives written permission to do so.


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8 HEARING PROCEDURE

8.1 The Referee will chair and conduct the hearings, as he/she wishes, based on guidelines in this Section and the TPMA. The Referee shall normally restrict the numbers of persons present at the hearings to no more than three (3) or four (4) persons from each side. The Referee shall exclude a subsequent witness from the hearing if there is a concern that the testimony of the subsequent witness will be affected by the testimony of a preceding witness. Witnesses must attend the hearings in person. Affidavits will not be accepted, in lieu of witness attendance, without the other party's written approval.

8.2 Each party shall select an individual (other than a solicitor or a claims expert) to represent it at the

hearings. The individual selected shall be knowledgeable about the TPM Agreement and the work.

8.3 The requesting party's representative will make an opening statement lasting no longer than one half-hour concerning the following matters:

8.3.1 the chronological summary of events leading up to the dispute;

8.3.2 claim issues and grounds for the responding party's alleged liability;

8.3.3 particular activities affected;

8.3.4 actual extra costs to date claimed to constitute a Scope Change;

8.3.5 estimate of final extra costs claimed to constitute a Scope Change if actual final costs not

known; and

8.3.6 logical connections between issues and extra costs claimed to constitute a Scope Change.

8.4 The responding party's representative will then make its opening statement of no longer than one half-hour explaining how the responding party agrees or disagrees with the requesting party, reasons for any disagreement and the particulars of any counter-claims.

8.5 The Referee will summarize, clarify and attempt to reach a consensus on what is being disputed and,

if applicable, counter-claimed, the points of disagreement and what the parties authorize the Referee to provide recommendations on and/or determinations of.

8.6 In order to resolve the points of disagreement, the requesting party's representative shall then present

pertinent documents, references, evidence, witnesses or affidavits (if accepted by the responding party) and internal expert witnesses. Following the presentation of evidence by the requesting party's representative, the Referee shall provide the responding party's representative equal time to rebut the evidence and question the requesting party's presenter, witnesses and internal experts. The requesting party’s representative may then “re-examine” his/her witness if he/she wishes.

8.7 The responding party's representative shall then present pertinent documents, references, evidence,

witnesses or affidavits (if accepted by the requesting party) and internal expert witnesses. Following the presentation of evidence by the responding party’s representative, the Referee shall provide the requesting party’s representative equal time to rebut the evidence and question the responding party’s presenter, witnesses and internal experts. The responding party’s representative may then “re-examine” his/her witness if he/she wishes.

8.8 Each representative shall introduce his/her witnesses, and internal experts, describe their

qualifications and indicate whether they are being offered as an expert witness or not. Each witness shall present his/her testimony directly to the Referee, along with his/her documentary evidence. Each representative shall assist or ask questions of his/her witnesses only when necessary.

8.9 After the presentation of evidence and witnesses by each party, the Referee will open the floor to a


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general discussion of the dispute.

8.10 The Referee may ask questions, summarize and clarify positions and request additional information, at any time. The Referee will also actively encourage informal, ad-hoc questions and discussions among all persons present. The Referee shall ensure that the discussions remain constructive, focused and orderly. If the informal discussions become unproductive, the Referee will ask the representatives to resume their presentations, calling of witnesses, etc.

8.11 Either representative may object to irrelevant or leading questions, hearsay evidence, or question the

"expert" status of witnesses. The Referee may also question and may disallow irrelevant or leading questions or disqualify expert testimony. The Referee has the power to determine the admissibility, relevance, materiality and weight of any evidence including opinion or hearsay evidence from internal expert witnesses.

8.12 During the Referee Process, either party or the Referee may request a party to the dispute to provide

copies of reports, documents, notes etc., referred to at the Referee hearing(s). The Referee will record, rule on such requests and advise the parties after the hearing on what information to provide. Additional information shall be provided within seven (7) calendar days of the hearing.

8.13 At the end of the hearing, each party's representative will then present a closing summary statement

of not more than one half-hour in length.

8.14 The Referee will then again summarize, clarify and try to reach a consensus on the disputed issues, any counter-claims, the facts in agreement, the facts being disputed and what recommendations and/or determinations are being requested.

8.15 If the Referee is required to provide recommendations and/or determinations on the quantum of the

dispute, the TPM Service Provider, the Ministry and Referee shall mutually agree on a time limit for the Referee's decision on the quantum of the dispute, following the date of the last hearing.

8.16 The Referee shall then suggest that the hearing be adjourned. Either party or the Referee may

request additional hearing(s). However, when the Referee is satisfied that all parties have had an equal opportunity to introduce all the relevant evidence, the Referee will close the hearings.

8.17 The Referee will not prepare minutes of meetings or prepare reports of the hearings. Each party is

responsible for recording its own notes.

8.18 After adjourning the last hearing on a dispute, the Referee will consider the evidence and circulate a preliminary, reasoned, written, non-binding recommendation on or determination of the principles of the dispute and the respective liabilities of the parties in connection therewith, within seven (7) calendar days. The TPM Service Provider and the Ministry have seven (7) calendar days to respond to such recommendation and/or determination in writing. The Referee will consider the responses, if any, and issue a final, written, non-binding recommendation on or determination of the principles of the dispute and the respective liabilities of the parties in connection therewith within twenty-one (21) calendar days of the date of the hearing adjournment.

8.19 If the Referee has been requested to make recommendations and/or determinations with respect to

the quantum of the dispute, the preliminary, written recommendations and/or determinations with respect to the quantum shall be made on the date mutually set at the last hearing. The Referee will consider the responses, if any and issue the final, written recommendations and/or determinations with respect to the quantum of the dispute within twenty-one (21) days after the date of the issuance of the preliminary quantum recommendations and/or determinations.

8.20 Within seven (7) calendar days following the release of the Referee’s final recommendation and/or

determination, the parties shall each communicate to the other, and to the Referee, their acceptance or rejection of the Referee’s final recommendation and/or determination.


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9 SETTLEMENT AGREEMENTS

9.1 If both parties accept the Referee's final recommendations and/or determinations, the TPM Service Provider parties will both be responsible for preparing and signing a formal settlement agreement. That agreement, once signed by authorized individuals of both parties, shall be binding. Affected third parties, who are in agreement with the settlement agreement, shall also sign it.

9.2 The formal settlement agreement shall be implemented on a date to be agreed upon by the parties.

10 DEADLINE FOR PROCESS

10.1 If the time limits in this Schedule are not met by one or more of the parties, without a reasonable explanation, the Referee may terminate the Referee Process if he/she feels that one or more of the parties are not acting in good faith.

11 REFEREES AND THE LAW OF THE PROVINCE OF ONTARIO AND CANADA

11.1 The Referee’s recommendations and/or determinations shall be made within the context of the TPM Agreement and the laws of the Province of Ontario and of Canada applicable therein.

12 THIRD PARTIES

12.1 If third parties have an interest in the dispute between the TPM Service Provider and the Ministry, the Referee shall be so advised in the submission(s) of the requesting party and/or the responding party. Without prejudice to the privity of contract between the Ministry and the TPM Service Provider, the third party(ies) shall be requested by their associate, either the Ministry or the TPM Service Provider, to attend the Referee hearing(s) and provide input as witnesses. The TPM Service Provider and the Ministry may each object in their pre-hearing submission to the request by the other party to have the third party(ies) attend the hearing. This matter shall be decided by the Referee in his/her sole discretion.


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13 NO SUMMONS OR SUBPOENAS, NON-BINDING PROCESS 13.1 The Referee shall not appear before, or provide evidence, etcetera, at any subsequent arbitral or

judicial proceeding. 13.2 The Ministry and the TPM Service Provider shall indemnify and hold harmless the Referee from and

against all claims, damages, losses and expenses, including but not limited to legal fees arising out of and resulting from the actions, recommendations and/or determinations of the Referee made in good faith.

13.3 The parties agree that the hearings will be held in private closed sessions. 13.4 The Referee Process is confidential and without prejudice and the parties may not rely on or introduce

as evidence in any subsequent arbitral or judicial proceeding, any admissions made by any party, any documents (including cost estimates) prepared exclusively for the Referee Process, any willingness to make or accept a settlement offer and the preliminary and final non-binding recommendations and/or determinations of the Referee on a matter. The parties agree to keep all communications and information forming part of this Referee Process in confidence. The only exception to this is disclosure for the purposes of enforcing any settlement agreement reached. The Referee will not voluntarily disclose to anyone who is not a party to the Referee Process anything said or done or any materials submitted to the Referee, except:

to any person designated or retained by any party, as deemed appropriate or necessary by the Referee; or

where ordered to do so by a judicial authority or where required to do so by law.

13.5 This Referee schedule and any formal written settlement agreement resulting from the Referee

Process, executed by authorized individuals representing the TPM Service Provider and the Ministry, are legally binding upon the parties signing the agreement.

14 COMMITMENT TO WORK IN GOOD FAITH 14.1 The parties will enter into the Referee Process voluntarily in an effort to work towards mutually

acceptable settlement and will conduct themselves in good faith at all times. The parties agree that open and honest communications is necessary for the Referee Process to work. The parties therefore agree to make full and frank disclosure of all relevant facts, reports, documents or other written or oral information necessary or desirable to facilitate settlements.

15 AUTHORITY TO SETTLE 15.1 In order for the Referee Process to result in a settlement, those participating should have full authority

to settle the dispute. The participants shall disclose their limits of authority on each issue at the first Referee hearing and whether they require a higher level of approval for settlements.

16 LEGAL COUNSEL, OUTSTANDING PROCEEDINGS & LIABILITY 16.1 Each party should seek legal advice before the hearings. The Referee will not provide legal advice or

representation for any party at any time. The Referee will not provide legal advice to, or representation for, any party at any time. The Referee has no duty to assert or protect the legal rights and responsibilities of any party, to raise any issue not raised by the parties themselves, or to determine who should participate in the Referee Process.

16.2 Legal counsel, third party claim Service Providers and external experts shall not be permitted to attend


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Referee hearings. In-house or internal experts of the Ministry or the TPM Service Provider shall be permitted to participate in the Referee Process.

16.3 No party will initiate or take any steps in any appeal, arbitral or legal proceedings related to the dispute

while the Referee Process is in progress. 17 RIGHT TO WITHDRAW AND ALTERNATIVE SETTLEMENTS 17.1 During the Referee Process, the parties may reach a settlement between themselves, without the

assistance of the Referee. The Referee shall not act as a mediator nor assist the parties to negotiate their own settlement. If such a settlement discussion occurs and a settlement is agreed to, the Referee shall be advised of the settlement as soon as possible. The Referee shall not be advised of settlement offers made but not accepted.

18 COST OF THE PROCESS 18.1 The Referee shall be paid at a rate of $125.00 per hour when conducting hearings and when

assessing or making a recommendation or determination as to the quantum of a dispute, if so authorized by the parties. All other time will be charged at $75.00 per hour.

18.2 The Referee's disbursements, such as meeting costs, travel costs, messenger services, fax,

telephone costs, photocopying, and office supplies used will be paid at actual costs based on invoices. Copies of original supporting invoices need not be submitted with invoices. Travel will be paid at 40 cents per kilometer. Breakfast, lunch, and supper costs, if required during hearings meetings or field visits will be paid at $8.75, $11.25 and $20.00 per day respectively. Claims for travel and meals expenses will be submitted in an expense account format. The Referee shall not bill for the services of others they employ to assist in the resolution of the dispute, without the prior, mutual agreement of both the TPM Service Provider and the Ministry.

18.3 The Referee shall provide the TPM Service Provider and the Ministry monthly invoices. The Referee

shall draw down payment from his/her retainer fee. 18.4 The TPM Service Provider will pay the Referee a retainer fee of $10,000.00 at the initiation of the

Referee Process and the Ministry will reimburse the TPM Service Provider for $5,000.00 of the retainer fee. The Referee will draw on the retainer as services are provided. If the retainer is exhausted, the Referee will advise the TPM Service Provider who will "top-up" the retainer to the $10,000.00 limit and the Ministry will reimburse the TPM Service Provider for 50% of the "top-up" amount. Upon termination of the Referee's services, any unused portion of the retainer will be returned to the TPM Service Provider who, in turn, will return 50% of the amount of any such returned retainer to the Ministry. Meeting cancellation costs shall be borne by the party responsible for the cancellation. Costs shall be allocated in the manner described in this paragraph, regardless of the outcome of the Referee Process.

18.5 The Referee shall keep available for inspection by the Ministry, for a period of one (1) year after the

Referee's services are terminated, the cost records, original bills and accounts pertaining to this Schedule. If any litigation or binding arbitration or audit arises out of this Schedule, the cost records and accounts shall be retained until such litigation, arbitration or audit involving the records is completed.

18.6 The TPM Service Provider and the Ministry are each solely responsible for their own costs to prepare

and present their respective positions. 19 REPLACEMENT OF THE REFEREE


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19.1 If the Referee becomes unable or unwilling to serve, or if the Ministry and the TPM Service Provider mutually agree to replace the Referee, then the Referee shall be replaced, without reasons being given to the Referee.


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APPENDIX “A”

APPENDIX “A” - Detailed List of Structures

See attachment for:

- List of structures for inspection - List of Structures that maybe under construction - List of Newly Constructed or Rehabilitated Structures - List of Structures Requiring Bridgemaster and/or Box Girder Entry - List of Required Lane Closures - List of Inspection Times - List of Structures Requiring Engineer on Site.

Comment [m1]: Some new requirements here


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APPENDIX "B"

APPENDIX “B” - Sign-off Letter for Service Provider Bridge Inspections


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Regional Project Manager, Ministry of Transportation….. Re: Completion of Inspections for 2009 – Assignment XXXXXXXXX Attached is a list of bridges and culverts inspected in 2009 under Assignment XXXXXXXX.

The number of structures inspected is as follows:

Description Number of Structures

Bridges Culverts

Structures due for inspection xx xx

Structures inspected by Service Provider Project Manager

xx xx

Structures inspected by Technicians/Engineers under my supervision

xx xx

Structures not inspected (See individual reports for reason)

xx xx

The inspection reports have been prepared in accordance with the requirements of the Ontario Structure Inspection Manual (OSIM). All inspection data has been saved in the Bridge Management System database and the inspection reports submitted to the Ministry’s regional structural office. ………………..Service Provider may add other comments as appropriate. Sincerely, Signed, P.Eng. Service Provider Engineer , P.Eng. Attach.


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DRAFT - Sample

Completed Inspections Report Biennial Inspections for the Year 2005

Site ID

Structure Name

Structure Category

Highway

Sequence

District County Owner Maintained By

Due Date

Completed

Inspector Firm Inspection Date

Comments

1 - 32/

Hwy 24 Underpass at Hwy

403

Bridge 403 London/Stratford

Brant MTO MTO 2005 Yes Tim Campbell

TSH June 10, 2005

1 - 43/

West Street

Underpass

Bridge 403 London/Stratford

Brant MTO MTO 2005 No Under rehabilitation

in 2005


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Appendix “C”

APPENDIX "C" - OBMS Input Screens

The Service Provider will be given a copy of the Ontario Bridge Management System (OBMS) software for installation on their computer. The data collected from drawings and in the field will be entered into the local OBMS database on the Service Provider’s computer. Screen captures of the OBMS input screens which will be required for data entry are given in the following pages. The screens shown in Part A of this Appendix are required for the entry of initial inventory and appraisal information. Where entry of initial inventory information is not required this information may be provided, but all inventory and appraisal information must be checked and corrected for major errors and omissions. The screens shown in Part B of this Appendix are the inspection and recommendation screens and are to be completed for all assignments.

The data which must be entered is highlighted by the block arrows ( ➨ ) shown on each screen. To assist

in data entry, many of the fields have pick lists which give acceptable input for the field. These pick lists are indicated by a down arrow icon ( )) in the data entry window beside each field. A sample pick list is shown below: The screens shown in the following pages are as of the date of release of this assignment. It is anticipated that there may be minor changes in some of the screens in the actual version of the OBMS provided to the Service Provider.

Any information not shown on the input screens which must be obtained by the Service Provider should be input into the comments field:


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PART A – INITIAL INVENTORY DATA


95


96


97


98


99

For Each Element


100

For Culverts


101

For Culverts


102

For Culverts


103

For Culverts


104


105


106


107


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Appendix “D”

APPENDIX "D" - Sample Summary Action Report

Additional Investigations

Site Number

Inspection Date Investigations, Inspections, Surveys Recommended Priority

12-123

May 01 2000

Deck Condition Survey Normal (< 2 yrs)

Fatigue Investigation

Urgent

Structure Evaluation Normal (< 2 yrs)

Underwater Investigation Normal (< 2 yrs)

Maintenance

Site Number

Inspection Date Element Maintenance Required Comments

12-123

May 01 2000

Embankment Erosion control at bridge

Pier Cap

Repair bridge concrete Repair east end of pier.

Deck top Rout and seal asphalt Eastbound lane only.

Expansion joint seal

Joint repair

Replace seal.

Repair and Rehabilitation Work

Site Number

Inspection Date Element Rehabilitation Required Priority (years)

12-123

May 01 2000

Barrier system Remove and replace with concrete barrier wall

1 to 5

Girder

Repair fatigue crack Urgent

Deck top

Deck rehabilitation 1 to 5

Expansion joint assembly

Remove and replace expansion joint assembly 1 to 5

Site

Number Inspection Date Remarks

(Overall condition of structure) 12-123 May 01 2000 d) Fair to good condition with deterioration of east curb

face and handrail system Severe erosion of east embankment


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APPENDIX "E"

APPENDIX "E" - Storage Of Structure Inspection Photographs On CD

Photographs taken for each structure inspected shall be stored on CD (or DVD). A separate CD is required for each County/District. The CD will be organized as follows:

Photographs shall be given file names to describe the element and condition. The length of the filename should be limited to the restrictions given in the BMS Release Notes and Know Issues documents supplied with the BMS software The photographs will be saved into BMS by the Service Provider, with BMS adding the site number and inspection date to the beginning of all file names.

All photographs shall be added in the BMS Document screen to the Default BMS directory for

“C:\Program Files\BMS\Images”, without creating any sub-directories. The files shall not be “read only”.

All photographs in the “Images” directory shall be copied to CD.

The CD will be assigned a name, or ID. The name or ID of the CD will be assigned according to the following naming convention:

NERPH_Agreement #_NN Where: NERPH - is for NorthEastern Region Photos.

Agreement # - is the 11 digit Service Provider agreement number for the assignment.

NN - is a sequential number for multiple CD’s; e.g. 01, 02, ...etc For example; the first CD for the Northern Region Service Provider Assignment 5005-E-0017 shall be named as: NERPH_5005-E-0017_01

Each CD shall be identified with the following information, which shall be written with non-

erasable medium on the CD, as follows: The Agreement Number Name of the Consulting Firm Date of Inspection (Month and Year) The county number(s) of the structures inspected Brief Description of the CD contents ex. Databases or Photographs

or both he number of the CD and the total number of CD’s for the assignment; e.g., CD 1 of 2 CD Identification Number

A sample of a CD label is shown in Figure 1.


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Figure 1 – CD Label

Northern Region Biennial Bridge Inspection Photos

September 2002

County: 42

Agreement # 5005-A-000266

ABC Service Providers

Databases, Photographs or both

CD 1 of 2

CD ID: NERPH_5005-A-000266_01


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Appendix “F”

APPENDIX "F" - Form AE1


112


113


114


115

APPENDIX "G"

APPENDIX "G" - Protocol For Lane And Ramp Closure Notification

(SEE ATTACHED FILE)

Comment [m2]: Should this be included if we’re asking them to propose how to do it?


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NORTHEASTERN REGION LANE CLOSURE/ TRAFFIC MANAGEMENT PROTOCOL PURPOSE: The purpose of the Northeastern Region Lane Closure Protocol is to ensure that: Roadwork activities are co-ordinated so that conflicts are avoided;

External partners (police, emergency services) are informed and consulted as appropriate; Safety concerns related to working on highways are reduced; The concept of traffic flow management forms an integral part of all operations taking place on the Highway network. Signing This will include all temporary signing or additional traffic control measures required throughout the Project. The Contractor shall provide all temporary signage or other signing requirements (as per Ontario Traffic Manual Book 5,6,7,11) throughout the project including cautionary signing at critical locations. All signs shall be bilingual. The Ministry must approve all additional signs and messaging. Traffic Management Plan The Traffic Management Plan shall include the appropriate provisions to minimize impacts and delays to the public travelling through the worksite. Highway 11, from North Bay southerly to the Northeastern Regional boundary shall be considered freeway status as per Ontario Traffic Manual Book 7. Ontario Traffic Manual Book 7 ‘Temporary Conditions’ shall be used as a minimum standard to plan and implement all traffic management for this project. PROCEDURE: LANE CLOSURE TIMES: Permitted Times for Lane Closures Lane closures for bridge and culvert inspections will only be allowed during the following times, subject to the additional restrictions covered under the section entitled •Holiday Restrictions•: Lane Closures

*Full mainline closures are not permitted.


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Holiday Restrictions

The use of construction accesses, shoulder closures, lane closures and loading and unloading of materials and construction equipment onto and from the traveled portion of the roadway shall not be carried out on all Canadian and U.S. Statutory and Civic Holidays.

EMERGENCY CLOSURES:

If the need for an emergency closure arises, the Ministry should be notified immediately at the following contacts numbers:

Area 52 – Huntsville Office, Tel: 705-789-2391 or 1-800-255-7814

Area 54 – Sudbury Office, Tel: 705-564-7722 or 1-800-222-1047

North Bay Office, Tel: 705-472-7900 or 1-800-461-9547

Area 53 - New Liskeard Office, Tel: 705-647-6761 or 1-800-720-1120

Cochrane Office, Tel: 705-272-4333 or 1-800-280-1465

Area 62- Sault Ste Marie Office Tel 705-945-6677 or 1-877-366-0669

Closure

Monday or a Day Following a Holiday

Tuesday to Thursday Except on Days Following and Preceding Holidays

Friday or a Day Preceding a Holiday

Saturday Sunday

All Hwy’s excluding 11,

17 & 69

One Lane Closure

Sunrise to Sunset

Sunrise to Sunset

Sunrise to Sunset N/A N/A

All Hwy’s excluding 11,

17 & 69

Two Lane Closure

N/A* N/A* N/A* N/A* N/A*

Hwy 11,17 & 69 One Lane Closure

1000 to 1500 1000 to 1500 1000 to 1500 N/A N/A

Hwy 11, 17 & 69

Two Lane Closure

N/A* N/A* N/A* N/A* N/A*


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APPENDIX "H"

APPENDIX "H " - Inspection Times

APPENDIX "HI" - Bridge Accessibility Plans

(SEE ATTACHED FILE)