TENDER DOCUMENT. The cover page contains information about the contract and the ratings that are required in order to bid on the project.

Transcription

1 TENDER DOCUMENT 1.0 Introduction The contains the contract provisions. It is generated by the Designer from CPS and contains the design documents that have been prepared, added, and modified by the Designer. The consists of: Tender Cover Page Tender Item List Instructions to Bidders Conflict of Interest Declaration Schedule of Provisions, Contract Plans, Standard Drawings, Specifications, & General Conditions Tax Compliance Declaration Section A: Special Provisions Section B: Fair Wage Program Special Provision Section C: Liquidated Damages Special Provision The Designer must perform a comprehensive check of the document as well as additional editing and formatting in order to produce a final copy suitable for tendering purposes. 2.0 Cover Page The cover page contains information about the contract and the ratings that are required in order to bid on the project. August 2017 (UNDER REVIEW) Page 1 of 24 CDED G-500

2 a) Tender Closing Date and Time The tender closing date and time must be added directly to the cover page, after the is generated from CPS. The date and time is added by the Contract Tendering Section prior to tendering the project. b) Contract Information and Location Specific information about the contract such as its location, the type of improvement, the Hwy number, length, region, etc., is entered by the Designer in CPS using the Proposed Work tab under Form of Tender. The relevant information is automatically transferred to the corresponding fields of the cover page when the is generated from CPS. Note the contract information and location entered on this screen must match the signed key plan in the contract drawings. c) Qualified Versus Designated Contracts The statement for qualified contracts appears by default on the cover page of the generated from CPS. It does not require any further editing or action by the Designer for qualified contracts. August 2017 (UNDER REVIEW) Page 2 of 24 CDED G-500

3 For designated contracts the Designer must manually edit the statement on the cover page of the after it is generated from CPS, as shown below. Designers can obtain further information about Qualified and Designated Contracts from the Qualification Control Section (QCS) and the Contract Tendering Section (CTS). Bonds/bonding is used to: ensure that bidders are serious and will execute a contract, that a contract will be completed should a contractor default, and that payment will be made to those who are not a direct party to the contract. In lieu of the use of bonds, a Qualification System can be used to ensure that a Contractor has the financial resources and skills to perform the Work. Under MTOs Qualification System contractors must be pre-qualified and rated in order to bid on a Qualified Contract. Rated Contractors may also bid on a Designated Contract by using their available Financial Rating or by providing bonds or security. Non-rated contractors can only bid on Designated Contracts and must provide performance bonds, payment bonds, or other forms of security. The s must specify whether a contract is Qualified or Designated. In general, non-highway contracts such as those for equipment, material supply, facilities, and demolition are tendered regionally and highway construction contracts for expansion, reconstruction, structures, intersection improvements, electrical work, and ATMS are tendered by the Provincial Office, Contract Tendering Section (CTS), based in part on their value and complexity. Projects less than $1 million are usually designated and tendered regionally. Projects less than $3 million and/or 15 Tender Items are usually designated and tendered regionally but may also be qualified and tendered by CTS via RAQS/MERX. Projects over $3 million and/or 15 items are Qualified and tendered by CTS via RAQS/MERX. August 2017 (UNDER REVIEW) Page 3 of 24 CDED G-500

4 d) Classification and Ratings In order to bid on a Qualified Contract a Contractor must first be rated. A Contractor is rated based on their financial strength and their ability to do satisfactory work in various classifications. On an annual basis rated contractors are granted a: Basic Financial Rating based on their financial strength and technical ability, and a Maximum Workload Rating based on their 5 year work history for the Ministry. In order for a rated contractor to bid on a contract, their ratings must equal or exceed the ratings placed on a contract in the classification(s) of work assigned. Contractors are rated in the following classifications of work: GR General Road Contract Grading, Drainage, Granular Base, Hot Mix Paving, Concrete Paving S Structure Contract All Structure work E Electrical Contract High Mast Lighting, Advanced Traffic Management System (ATMS) SC Structural Coating Contract Structure Coating GM General Maintenance Contract Area Maintenance Contracts, Noise Barrier Wall, fencing, Landscaping The Designer must assess the type and value of work to be completed, in order to assign appropriate ratings. For projects that will be completed in a single year the Financial Rating will be the same as the Maximum Workload Rating however for multi-year projects the Financial Rating will be based on the highest value of total work expected to be completed in any given year. Categories GR and S may both be assigned to a contract however categories GM, E, and SC are normally stand-alone categories. In determining whether a Contract can be assigned both a GR and an S classification the Designer must take into consideration that, as per the MTO General Conditions of Contract, a contractor can subcontract no more than 60% of the total tender value, therefore: If the value of work in either the GR or S classification is greater than 60% of the total value, then the contract is rated only in the classification that is over 60%. August 2017 (UNDER REVIEW) Page 4 of 24 CDED G-500

5 If the value of work in both the GR and S classifications are both less than 60% of the total value, then the contract is rated in both classifications. Example 1 Grading, Drainage, Granular Base, Paving, Structural, and Electrical Projects: Category Year 1 Year 2 Year 3 Year 4 Year 5 Total % Value GR 2,000,000 1,000,000 1,000, ,000, % S 1,000,000 4,000, ,000, % E 100, , ,000, % SC GM Total 3,100,000 5,900,000 1,000, ,000, % Note: If the % Value of any given category is 60% or greater then only that category applies. The categories and ratings that would be assigned are: NECESSARY AVAILABLE FINANCIAL RATING IS $6,000,000 IN (GR) or (S) NECESSARY AVAILABLE MAXIMUM WORKLOAD RATING IS $10,000,000 Example 2 Grading, Drainage, Granular Base, Paving, Structural, and Electrical Projects: Category Year 1 Year 2 Year 3 Year 4 Year 5 Total % Value GR 1,000,000 1,000,000 1,000, ,000, % S 1,500,000 6,000,000 3,000, ,500, % E 500, , , ,500, % SC GM Total 3,000,000 7,800,000 4,200, ,000, % Note: If the % Value of any given category is 60% or greater then only that category applies. The category and ratings that would be assigned are: NECESSARY AVAILABLE FINANCIAL RATING IS $8,000,000 IN (S) NECESSARY AVAILABLE MAXIMUM WORKLOAD RATING IS $15,000,000 Ratings of less than $5 million are to be rounded up the nearest $500 thousand, and ratings over $5 million are to be rounded up to the nearest $1 million. August 2017 (UNDER REVIEW) Page 5 of 24 CDED G-500

6 The ratings and classification of work must be added directly to the cover page, after the is generated from CPS. For projects advertised by CTS, this information is added by the CTS prior to tendering the project. Designers can obtain further information about classification and ratings from QCS and CTS. 3.0 Table of Contents The table of contents lists the titles of the sections and documents that are included, and is organized in the order in which the sections appear in the document. The Designer must refresh the table of contents after the is generated from CPS. To refresh the table, right click anywhere on the table then select Update Field. This must be repeated after any subsequent edits are made to the. August 2017 (UNDER REVIEW) Page 6 of 24 CDED G-500

7 4.0 Tender Item List The Tender Item List indicates the Tender Item numbers description of the Tender Items, the specification code governing the Tender Items, whether there are one or more Special Provisions against an item, the units of measure, whether an item is a Plan Quantity Payment (PQP) item, and the item quantities. This section of the does not usually require any further editing or action by the Designer however due to limitations of the CPS program, incorrect quantities may sometimes be found in the list, therefore the Designer shall manually verify the Tender Item quantities in the Tender Item List against the Tender Item quantities in the Quantity Sheets before submission of the final documents for tendering. 5.0 Instructions to Bidders The instructions to bidders, details the bidding procedures and requirements of an acceptable tender submission. This section includes: definitions, compliance with instructions, and enquiries during the tender period, joint ventures, electronic bid submission procedures, computer system failure, unbalanced tenders and discrepancies, qualification, bonding, and security requirements, acceptance and rejection of tenders, and contract award procedures. August 2017 (UNDER REVIEW) Page 7 of 24 CDED G-500

8 This section of the does not require any further editing or action by the Designer. Changes to this section shall be made only by CTS. 6.0 Conflict of Interest Declaration This section states the Ontario government s conflict of interest policy and associated submission requirements. The Contractor must complete and submit, as part of the ation, either Part 1(a) or Part 1(b) of the conflict of interest forms, the table for persons who participated in the preparation of the Tender, and the table for former OPS employees. This section of the does not require any further editing or action by the Designer. Changes to this section shall be made only by CTS. August 2017 (UNDER REVIEW) Page 8 of 24 CDED G-500

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10 7.0 Schedule of Provisions, Plans, Drawings, Specifications, and GCs The schedule lists the applicable version numbers and dates of Special Provisions, drawings, and specifications, and general conditions applicable to the contract. The Schedule is organized into sections A through H as follows: A. Special Provisions B. Plans C. Standard Drawings D. General Special Provisions E. Item Specific Special Provisions F. Standard Specifications G. Referenced Standard Specifications H. General Conditions The schedule lists the applicable version of the MTO General Conditions of Contract (GCs) which are issued as Ontario Provincial Standard Specification OPSS.PROV 100 and are therefore also listed in sections F and G of the schedule. The GCs include information related to substantial performance, liens, reliance on contract documents, order of precedence, administration of the contract, delays, extensions of time, changes in the work, additional work, change proposals, clarifications and claims, owner s rights and responsibilities, materials, insurance, protection and damage, Contractor s responsibilities and control of the work, and measurement and payment. This section of the does not require any further editing or action by the Designer however the contents should be reviewed for errors and inconsistencies before submission of final documents for tendering. August 2017 (UNDER REVIEW) Page 10 of 24 CDED G-500

11 8.0 Signed Statement and Tax Compliance Declaration This section of the is automatically included and contains the signed statement by bidder and the Ontario government policy regarding the tenderer s provincial tax standing. The bidder must complete and submit this declaration with their tender to indicate that their provincial taxes have been paid, or that arrangements have been to pay any outstanding balance. This section of the does not require any further editing or action by the Designer. Note: This section of the will be revised to account for recent changes to the tax compliance requirements. August 2017 (UNDER REVIEW) Page 11 of 24 CDED G-500

12 9.0 Section A: Special Provisions Special Provisions are special directions within the Contract Documents containing requirements particular to the Work. Additional information about Special Provisions can be found in Chapters A and E of this manual. The Special Provisions that are included in Section A of the are: General NSSPs (e.g. Notices to Contractor and Operational Constraints) Item Specific NSSPs General SSPs (100 Series) Item-Specific SSPs (200 to 900 Series) Schedule of Materials to Be Supplied By the Owner The Designer shall ensure that all documents imported into CPS are formatted according to Formatting Guidelines outlined in Chapter E. Improperly formatted documents often print and view without any apparent issues from directly within the project file in CPS however when the is produced, auto-numbered items may no longer be numbered correctly, paragraph and text alignments may be lost, hidden edits may appear if the track changes function was not disabled in the source document, and CPS will crash and fail to generate the full if source documents contain section breaks. August 2017 (UNDER REVIEW) Page 12 of 24 CDED G-500

13 This section of the normally requires further editing by the Designer to address formatting issues which may not be readily apparent in the source documents however under no circumstances shall the content of SSPs or NSSPs be added or revised in the final. If changes to the content of an SSP or NSSP are required after generation of the the Designer must edit the documents directly in CPS and re-generate a new Tender Document. 9.1 Non-Standard Special Provisions (NSSPs) NSSPs may be written locally by the design team to address specific design issues or may be imported from the regional and head office copies housed in CPS. Due to a deficiency in CPS the Designer shall remove the warrants and notes to designer from all NSSPs in the. a) General NSSPs General NSSPs such as Notices to Contractor (NTCs) and Operational Constraints (OCs) contain information about constraints and restrictions within the contract that could affect the normal progress of the work and result in an increase in the cost of the contract. Additional information about NSSPs can be found in Chapter E of this manual. General NSSPs are printed in full in the that is produced from CPS. They are printed in the order that they appear in CPS therefore the Designer must organize them before producing the from CPS. To do this the Designer must select an NSSP by left clicking the mouse then dragging and dropping it to the desired location within the list. The types of general NSSPs that may be required, and the order that they must appear in the, when required, are as follows: August 2017 (UNDER REVIEW) Page 13 of 24 CDED G-500

14 Notices to Contractor Operational Constraints Operational Constraints (Electrical) Operational Constraints (Environmental) Weighing of Materials - Job Specific Bidding Procedures - New MTO Policy - Attendance to Pre-Bid Meetings - Interim Completion Dates - Incentives/Disincentives - Timing Constraints - Work Around Railways - Night Work - Maintenance of Illumination - Co-ordination of Work - Access/Egress to Work - Maintenance of Existing Drainage - Scheduling of Milling/Paving Operations - Working On or Around Structures - Lane Closures - Hot Mix Paving Restrictions - Blasting Restrictions - Protection of Highways/Other Roads - Temporary Relocation of Signs - Contract Staging - Seasonal Shutdown - Winter Work - Specialized Work Requirements - Relocation/Maintenance of Various Facilities Within the Contract Limits - Work Around/Protecting Existing Utilities (e.g. Hydro, Gas, Bell) - Delivery of Special Material - Other Contractors/Agencies Working Within or Adjacent to the Contract - Staging Requirements - Work Around Utilities - Fishery/Watercourse Protection - Migratory Bird Protection - Protected Animals/Vegetation - Areas for Used Management of Excess Material - Waterways - Erosion and Sediment Control - In-Stream Work - Management of Effluent from Concrete Cutting/Grinding - Control of Emissions During Abrasive Blast Cleaning August 2017 (UNDER REVIEW) Page 14 of 24 CDED G-500

15 b) Item Specific NSSPs Unlike standard SSPs, item specific NSSPs are not automatically attached/linked to Tender Items in CPS. They are added independently of their associated items and must be linked manually by the Designer in the CPS Work Project. An NSSP may be linked to both standard and non-standard Tender Items. To link an NSSP to a Tender Item, select the NSSP, then detail, and then new, on the items reference tab. When editing the content of item specific NSSPs Designers should note that item numbers are not to be added manually to the headings of the actual NSSPs. The item titles and numbers that are printed in the heading of the NSSP in the produced from CPS are based on the items that are attached/linked to the NSSP, therefore the Designer must ensure that all item specific NSSPs are attached/linked to the appropriate items before producing the. The content of item specific NSSPs is printed in full in the produced from CPS and they appear in the numerical order of the item(s) to which they are attached. Example - Item Specific NSSP Not Attached/Linked to Any Tender Items If the Designer fails to attach/link the NSSP to the appropriate Tender Item(s) in CPS the item number(s) will be missing from the NSSP that is printed out in the produced from CPS. There will also be no indication of an SP having been applied to the item(s) on the Tender Item list. August 2017 (UNDER REVIEW) Page 15 of 24 CDED G-500

16 Item titles and numbers are not to be manually revised in the NSSPs themselves however if this is done, and the NSSP is not attached to a Tender Item, then the information from the NSSP will appear in the that is generated. Example - Item Specific NSSP Attached/Linked to Appropriate Tender Item Linking the NSSP to the correct Tender Item ensures that the correct item title and number are printed in the produced from CPS. It also ensures that the Tender Item is flagged in the Tender Item list as having an SP applied against it. August 2017 (UNDER REVIEW) Page 16 of 24 CDED G-500

17 9.2 Standard Special Provisions (SSPs) All SSPs are listed in the schedule of the that is produced from CPS and only the content of modified or fill-in SSPs is printed in full in the Tender Document. The warrants and notes to designer are automatically removed from all the SSPs that are printed in the. a) General SSPs (100 Series) General SSPs are not attached/linked to Tender Items. When modified and/or filled-in they will be printed in full in the and will appear in numerical order. When a GRAD file is created in CPS all of the 100 series SSPs are automatically added to the CPS file and the Designer must manually delete any that do not apply. Designers should note that SSPs with a warrant of all contracts are to remain in all contracts including ones to which they appear to not be applicable. This includes stand-alone projects for ATMS, electrical, structural, etc. For convenience Designers may choose to create a GRAD file for use with standalone projects in order to facilitate the process of adding the general SSPs. Otherwise the applicable general SSPs must be added manually to all standalone projects or combined projects that do not contain a grading component. b) Item Specific SSPs (200 to 900 Series) Item specific SSPs are attached/linked to their relevant Tender Items in CPS and are brought into the CPS file automatically upon insertion of the standard Tender Items to which they are attached however Designers shall still perform a thorough check to ensure that all documents and Tender Items are appropriately attached/linked. When modified and/or filled-in they will be printed in full in the and will appear in the numerical order of the items to which they are attached. August 2017 (UNDER REVIEW) Page 17 of 24 CDED G-500

18 c) Fill-In SSPs When general and item specific SSPs are coded with an F (e.g. 100F06) it means that additional fill-in information must be added. To fill-in an SSP the Designer must first export it, add the appropriate information, and then import the completed copy back into CPS. Upon importing the filled-in copy of the SSP the Designer must toggle the Filled box in CPS. An F will then appear in the M/F status column. All fill-in SSPs in a project file must be filled-in before the Designer can generate the from CPS, failure to do so, will result in an error message upon attempting to generate the. August 2017 (UNDER REVIEW) Page 18 of 24 CDED G-500

19 d) Modified SSPs Both general and item specific SSPs may be modified. To modify an SSP the Designer must first export it, revise the appropriate information, then import the completed copy back into CPS. Upon importing the modified copy of the SSP the Designer must toggle the Modified box in CPS, and an M will then appear in the M/F column. Failure to toggle the Modified box in CPS, when necessary, will result in a discrepancy between the schedule and the content of the that is produced by CPS. Example: Failure to Toggle Modified Button When Necessary Example: Modified Button Toggled When Necessary When modifying an SSP the Designer shall add an M to the right of the SSP number in the title block of the Special Provision. The Designer may also add a tracking date in brackets to the right of the SSP number in the title block, however, under no circumstances is the date of the SSP be revised (e.g. September 2011 as shown below). It must remain the same as the currently active version of the SSP otherwise there will be a discrepancy between the schedule. August 2017 (UNDER REVIEW) Page 19 of 24 CDED G-500

20 9.3 Schedule of Materials to be Supplied by the Owner This is covered in Chapter G, Section G Section B: Fair Wage Program (FWP) This section of the outlines the minimum fair wage payable by a Contractor to their employees on a MTO road construction project. The wage amounts are shown in a table based on the classification of the work. The minimum wages will vary depending on where the road construction project is located within the province. Also covered are the hours of work, wages and overtime pay, certification of wage rates, the Contractors' obligations with respect to subcontractors, the employees claims procedures, and the owner s right to holdback to settle employee claims. The Ministry of Labour governs the Fair Wage Program and MTO is mandated by Cabinet order to include the appropriate Fair Wage Schedule in our contracts. The FWP applies to road building projects where the contract value is $160,000 or over. The Designer must toggle the appropriate Fair Wages Schedule SP to be included in the Contract based on the location of the contract using the map provided below. The selected document will be included in the and does not require any further editing or action by the Designer. [Boundary map will be inserted here at a later date.] August 2017 (UNDER REVIEW) Page 20 of 24 CDED G-500

21 11.0 Section C: Liquidated Damages In this section the Contractor is given the requirements regarding time, progress of the work and time for completion, and liquidated damages. The time for completion will be specified through the use of either the Fixed Completion Date Special Provision, or the Working Days Special Provision. Upon generating the Tender Document in CPS, the Designer will be prompted to select the appropriate SP for inclusion in the. Additional information on calculating working days, determining free time, determining start and finish dates, and converting working days to a fixed completion date, can be obtained from Determining Contract Working Time and Production Rates manuals issued by Contract Management Office, Estimating Section. Copies of these manuals are available from the PMBP website at a) Working Days and Charges (Formerly SSP 100F09) Upon generating the in CPS for a working days contract the Designer must toggle the selection for working days under liquidated damages which will activate the fields for entry of additional information. Start Date - The Designer can obtain this information from the Contract Review Officer in consultation with the Contract Tendering Section. Number of Days - The Designer must enter the number of working days. August 2017 (UNDER REVIEW) Page 21 of 24 CDED G-500

22 Free Period Start and End Dates - The Designer must enter appropriate dates based on the following: Contract Type Structural Steel Coating Contracts All Other Contracts Free Period Start Nearest Monday To: Free Period End Nearest Sunday To: Region October 15 May 1 West, Central, Eastern September 30 May 15 North, Northwest December 1 May 15 West, Central, Eastern November 17 May 31 North, Northwest These free times are to be included whether or not winter carry-over is anticipated at the time of Contract tendering. If no free time is allowed, the word NIL would be used in the allotted space. Penalty Amount/Liquidated Damages - The Designer shall enter the. The information entered on this screen will populate the appropriate fields of the Special Provision that is included in the that is generated by CPS. The resultant Special Provision requires further editing by the Designer. Example - Working Days and Charges Information as entered in CPS and the resultant Special Provision as it appears in the generated by CPS. August 2017 (UNDER REVIEW) Page 22 of 24 CDED G-500

23 The working days Special Provision originally contained notes to designer regarding the entry of information and the optional use of paragraph e), however the SSP was cancelled and replaced by a hard-coded version built into CPS. By default paragraph e) is now included however it is only required on contracts with hot mix paving in the fall therefore the Designer may delete it from the, if it is not required. Regardless of whether paragraph e) is included, the word OPTION ** shall be deleted before submission of the for tendering. b) Fixed Completion Date and Charges (Formerly SSP 100F10) Upon generating the in CPS for a fixed completion date contract the Designer must toggle the selection for fixed completion date under liquidated damages which will activate fields for the entry of additional information. August 2017 (UNDER REVIEW) Page 23 of 24 CDED G-500

24 The Designer can obtain the information for the Completion Date and Penalty Amounts, from the Project Manager. The Completion Date entered is typically a Friday. The information entered on this screen will be automatically transferred to the appropriate fields of the Special Provision that is included in the Tender Document that is generated from CPS. The SP does not require any further editing or action by the Designer. Example - Fixed Completion Date and Charges Information as entered in CPS and the resultant Special Provision as it appears in the generated by CPS. August 2017 (UNDER REVIEW) Page 24 of 24 CDED G-500