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Home My WebLink About20180124Avista to WNIDCL_Attachment A H1-18.PDF Hydro One Networks Inc. Centralia TS GIS Building - EPC RFP Number 7000006567 RFP Closing Date and Time April 28, 2016 - 11:00:00 AM Toronto, Ontario, Canada Hydro One Contact Bob Noseworthy WNIDCL_PR_018(H1) Attachment A 1 of 40 TABLE OF CONTENTS PART 1: Overview ................................................................................................................................................. 4 1.1 Bid Invitation Letter ......................................................................................................................................... 4 1.2 Definitions ....................................................................................................................................................... 5 1.3 Introduction ..................................................................................................................................................... 6 1.4 Schedule .......................................................................................................................................................... 6 1.5 Submission Details / Form of Response .......................................................................................................... 7 Unpriced Proposal, Pricing Matrix and Number of Copies ................................................................ 7 1.5.1 1.6 Submission Place and Deadline for Proposals ................................................................................................. 9 1.7 The Purchaser’s Contact / Communications ................................................................................................... 9 1.8 Evaluation Process and Criteria ..................................................................................................................... 10 Stages of Evaluation Process ............................................................................................................ 10 1.8.1 Mandatory Criteria / Requirements ................................................................................................ 10 1.8.2 General Requirements ..................................................................................................................... 11 1.8.3 Pricing / Total Evaluated Cost .......................................................................................................... 11 1.8.4 1.9 Negotiations, Notification and Debriefing ..................................................................................................... 11 Timeframe for Negotiations............................................................................................................. 11 1.9.1 Terms and Conditions ...................................................................................................................... 12 1.9.2 Failure to enter into agreement ...................................................................................................... 12 1.9.3 Notification of Award and Debriefing .............................................................................................. 12 1.9.4 1.10 Confidentiality / FIPPA ................................................................................................................................... 12 1.11 Intentionally Deleted ..................................................................................................................................... 12 1.12 Site Conditions ............................................................................................................................................... 12 1.13 Mandatory Site Meeting ................................................................................................................................ 13 1.14 Surety Bonds - Performance, Labour and Material Payment; Other Security .............................................. 13 1.15 Disclaimer ...................................................................................................................................................... 14 PART 2: Commercial Terms and Conditions .......................................................................................................... 17 2.1 Special Terms and Conditions – Supplemental to Engineering, Procurement and Construction Agreement17 Article 33 - Site Access / Security ..................................................................................................... 17 2.1.1 Article 50 - Insurance Provided by Contractor ................................................................................. 17 2.1.2 Form 1 Labour Requirement ............................................................................................................ 17 2.1.3 2.2 Engineering, Procurement and Construction Agreement ............................................................................. 17 PART 3: Terms of Reference ................................................................................................................................ 18 3.1 Background .................................................................................................................................................... 18 3.2 Scope of Work ............................................................................................................................................... 18 3.3 Intentionally Deleted ..................................................................................................................................... 18 3.4 Site Safety Requirements .............................................................................................................................. 18 3.5 Technical Package .......................................................................................................................................... 18 PART 4: Form of Submission ................................................................................................................................ 19 4.1 Company information .................................................................................................................................... 19 4.2 Mandatory Requirements ............................................................................................................................. 20 Hydro One Code of Business Conduct ............................................................................................. 20 4.2.1 Acknowledgement, Agreement and Acceptance of the Terms and Conditions within 4.2.2 Part 1 – Overview ............................................................................................................................. 20 Acknowledgement, Agreement and Acceptance of all Mandatory Technical and 4.2.3 Project Requirements ...................................................................................................................... 20 Confirmed attendance at Mandatory Site Meeting......................................................................... 21 4.2.4 Intentionally Deleted ....................................................................................................................... 21 4.2.5 Labour Requirements ...................................................................................................................... 22 4.2.6 4.3 Executive Summary ....................................................................................................................................... 22 4.4 Technical Exceptions ..................................................................................................................................... 23 4.5 Technical Offer .............................................................................................................................................. 23 WNIDCL_PR_018(H1) Attachment A 2 of 40 4.6 Proof of Ability and Subcontractors .............................................................................................................. 23 Proponent’s Capability – References ............................................................................................... 23 4.6.1 Intentionally Deleted ....................................................................................................................... 24 4.6.2 Ability to file Notice of Project ......................................................................................................... 24 4.6.3 Aboriginal Participation ................................................................................................................... 24 4.6.4 4.7 Key Personnel ................................................................................................................................................ 24 4.8 Hydro One Resource Requirements .............................................................................................................. 24 4.9 Your Understanding of Hydro One’s Requirements ...................................................................................... 25 4.10 Equipment Safety Certification Form ............................................................................................................ 25 4.11 Contractor Health, Safety and Environment Questionnaire – Safety Management ..................................... 25 4.12 Assumptions and Constraints ........................................................................................................................ 25 4.13 Risks ............................................................................................................................................................... 26 4.14 Quality and Performance Guarantees ........................................................................................................... 26 4.15 Pricing ............................................................................................................................................................ 26 Pricing Matrix ................................................................................................................................... 26 4.15.1 Firm Price ......................................................................................................................................... 27 4.15.2 Incentives/Added Value ................................................................................................................... 27 4.15.3 Intentionally Deleted ....................................................................................................................... 28 4.15.4 4.16 Commercial Terms and Conditions ............................................................................................................... 28 Terms of Payment ............................................................................................................................ 28 4.16.1 Invoicing Compliance and Electronic Funds Transfer ...................................................................... 28 4.16.2 Financial Information / Surety Bonds – Performance, Labour and Material Payment; 4.16.3 Other Security .................................................................................................................................. 30 Standard Insurance Certificate ........................................................................................................ 30 4.16.4 WSIB ................................................................................................................................................. 31 4.16.5 4.17 Confidentiality Agreement ............................................................................................................................ 32 4.18 Duration / Contract Term/Delivery Schedule ................................................................................................ 32 4.19 Master Delivery / Critical Path Schedule ....................................................................................................... 32 4.20 Labour Estimated Man Hours ........................................................................................................................ 33 4.21 Additional Information .................................................................................................................................. 33 4.22 Sample Documents/Miscellaneous Information ........................................................................................... 33 4.23 Aboriginal Participation – Certification / Acknowledgement ........................................................................ 33 4.24 Conflict of Interest and Unfair Advantage ..................................................................................................... 34 4.25 Proponent Signature ..................................................................................................................................... 35 PART 5: Attachments and Hyperlinks ................................................................................................................... 37 5.1 Attachments .................................................................................................................................................. 37 5.2 Hyperlinks ...................................................................................................................................................... 40 WNIDCL_PR_018(H1) Attachment A 3 of 40 PART 1: OVERVIEW 1.1 Bid Invitation Letter Date: March 23, 2015 Re: Request for Proposal (“RFP”) Document Number: 7000006567 Bid Invitation Name: Centralia TS GIS Building - EPC Hydro One Networks Inc. (“Hydro One” or “Purchaser”) invites qualified companies to submit a firm priced Proposal for the provision of Switchgear Building Project is comprised of the design, material and equipment procurement, construction and commissioning of building that shall accommodate protection and control equipment. at Centralia TS – 69269 Richmond Street, South Huron, Centralia, Ontario – N0M-1K0 all in accordance with Hydro One’s Request for Proposal (RFP). The Work is fully described in Part 3 - Terms of Reference. Hydro One is committed to ensuring opportunities exists for Aboriginal businesses to play a role in our procurement awards. As such, Hydro One will favourably consider submissions from companies that demonstrate Aboriginal Participation as defined in Section 1.2 – Definitions and detailed in the evaluation criteria included in Part 1 of this RFP. A formal certification will be required as part of the bid documents that certify the bidder will honour any Aboriginal content declarations, and are prepared to comply with any auditing provisions related to Aboriginal Participation. Prime contractors will have to secure certification from subcontractors where applicable. Submission of Proposal is required on or before April 28, 2016 - 11:00:00 AM all in accordance with Hydro One’s Request for Proposal. Purchaser intends to negotiate with one Proponent. The Work has not been awarded until the selected Proponent has entered into an Agreement with the Purchaser in accordance with the Commercial Terms and Conditions - Part 2 of this RFP. It is the Purchaser’s intention to select a single Proponent. Prices/rates are to be in Canadian Funds. Further details are included in Part 1 – Overview. This Request for Proposal is being issued by Inergi LP on behalf of Hydro One. Notwithstanding any document to the contrary, Hydro One is the sole purchaser with respect to this RFP and any subsequent award; and the services being purchased will be used by Hydro One or its affiliates. By responding to this RFP, the Proponent agrees that it will extend the terms and conditions of any resulting Agreement to Hydro One Inc. or any of its affiliates for similar services. The definitions from Section 1.2 of the RFP document apply. Parts 1, 2, 3, 4 and 5 of the RFP document including all attachments thereto form the entire RFP document. The RFP document is available as a single attachment in the General Data – Information from Purchaser tab of the SRM Bidding Information Database (BID) System. Any Addenda to the RFP issued subsequent to this RFP take precedence over the RFP documents contained herein. Automatic notification of any Addenda to the RFP will be e-mailed to all individuals registered to receive the RFP. It is the responsibility of each Proponent to retrieve any and all Addenda issued. Those registering to receive the RFP documents after release of any Addenda are responsible to retrieve any current Addenda at time of registering along with the RFP documents. Automatic notification of any subsequent Addenda will be e-mailed to the registrants. Selecting the “Information from Purchaser” tab under General Data of the BID System will display all, if any, Addenda issued. Proponents are responsible for maintaining their own records of the RFP, all Addenda and their Proposal. To maintain a copy of the RFP and/or any Addenda you must print or save the documents PRIOR to submitting your Proposal. The Proposal is not accepted through the BID System. Proposals are submitted to the Proposal Depository as detailed in Part 1 – Overview. Proposals received in response to this RFP will be opened privately after the time and date for receipt of submissions has elapsed. WNIDCL_PR_018(H1) Attachment A 4 of 40 All requirements, documentation and information obtained by the participants in connection with this RFP are the property of Hydro One and must be treated as confidential and not used for any purpose other than for replying to this RFP, and for fulfillment of any subsequent contract(s), if awarded. It is not to be duplicated or distributed, in any form, to any other company, individual or other entity. Should you choose not to participate in this RFP, please destroy all electronic and paper forms of this RFP documentation. By submitting a Proposal to this RFP, The Proponent confirms that it has had an opportunity to review the RFP documents and obtain legal advice in respect thereto. We look forward to receipt of your Proposal. 1.2 Definitions The following definitions apply: Aboriginal Business “Aboriginal peoples” is a collective name for the original peoples of North America and their descendants. The Canadian Constitution recognizes three groups of Aboriginal people: Indians (commonly referred to as First Nations), Métis and Inuit. Hydro One considers an Aboriginal business one which is at least 51% owned and controlled by an Aboriginal business(es) or person(s) and, if the firm has six or more full-time staff, at least 33% of the employees are of Aboriginal descent. Alliances, Joint Ventures or Partnerships are at least 51% owned and controlled by an Aboriginal business(es) or person(s). In the case of a joint venture or consortium, the following additional requirements must be met: At least 51% of a joint venture or consortium must be controlled and owned by an Aboriginal business or businesses, as defined above. The joint venture must confirm that at least one third of the value of the work performed under the contract will be done by an Aboriginal firm. It may be work done by the Aboriginal partner/contractor or by an Aboriginal sub-contractor. Agreement Contract blanket or umbrella purchase order between the Purchaser and the awarded vendor regarding the supply of materials or the performance of services according to terms and conditions defined in this RFP. Conflict of Interest relation to the performance of its obligations under the contract, the successful Proponent’s other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its obligations under the contract; Days and/or days FIPPA Proponent Proposal Purchaser Hydro One Owner’s Requirements WNIDCL_PR_018(H1) Attachment A 5 of 40 The following definitions apply: Unfair Advantage any conduct, direct or indirect, by the Proponent at the procurement/bidding stage that may result in gaining an unfair advantage over other parties in the procurement/bidding process, including but not limited to (i) possessing, or having access to, information in the preparation of its Proposal that is confidential to the Purchaser and which is not available to other competitors, (ii) communicating with any person with a view to influencing, or being conferred preferred treatment in, the procurement process, or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the procurement process and result in any unfairness, including, without limitation, conduct, agreement, or concerted practice between the Proponent and another company or person to, among other things, create a fake Proposal/bid/submission for comparative purposes, or require a competitor to refrain from bidding/submitting a Proposal, or require a competitor to bid/submit a Proposal in a certain manner, or share details about their bid/Proposal, 1.3 Introduction This RFP document and all Addenda are retrieved through the BID System. The Proposal is not accepted electronically through the BID System; Proposals are submitted to the Proposal Depository as detailed in Section 1.6 - Submission Place and Deadline for Proposals. A detailed user guide to the BID System is included in Part 5 – Attachments and Hyperlinks. This RFP consists of five parts as follows: • Part 1: Overview • Part 2: Commercial Terms & Conditions • Part 3: Terms of Reference • Part 4: Form of Submission • Part 5: Attachments and Hyperlinks Complete your Proposal submission in accordance with the above RFP documents. 1.4 Schedule Event Date/Time Issue date of RFP March 23, 2016 Mandatory Site Meeting April 6, 2016 @ 10:00 A.M. Last Date for Receipt of Proponent-written Questions April 21, 2016 @ 2:00 P.M. Proposal Due Date and Time Rectification Period Three (3) Business Days from notification of rectification NOTE: Intention to Submit Proposal form is required to be submitted before the Proposal due date and time using Attachment # 12 – Intention to Submit Proposal Form in Part 5 – Attachments and Hyperlinks. In the event you are unable to submit a Proposal, or do not wish to submit a Proposal in response to this RFP, Hydro One would appreciate knowing the reason. Replies should be sent via fax or e-mail to the Purchaser’s Contact indicated in Section 1.7 before the Proposal Due Date and Time. WNIDCL_PR_018(H1) Attachment A 6 of 40 For further details on the Mandatory Site Meeting, refer to Section 1.13. 1.5 Submission Details / Form of Response Proponents are required to complete the Form of Submission (Part 4) and other requested documentation as part of the Proposal. In order to allow a consistent evaluation of the Proposals, it is required that information be presented in accordance with Part 4, and to the point, clearly, and completely. This RFP document has been protected. By pressing the “Tab” key you will be directed to each section requiring a response and/or consideration of a response. Access to all hyperlinks and embedded documents is available in Part 5 - Attachments and Hyperlinks in an unprotected state for you to access the link or open the document. You may not change any of the pre-printed information. All required sections are to be directly addressed and fully completed to permit Proposal evaluation. Hydro One is not obligated to seek clarifications. All questions are to be addressed and answers are to be clear, concise, legible, typed or written in ink. Your Proposal must be signed, in ink, by a person or persons authorized to do so. Erasures, overwriting or strikeouts must be initialed by the person signing on behalf of the Proponent submitting the Proposal. Failure to comply with the foregoing may cause rejection of the Proposal. All required attachments to be completed and included with your Proposal are to be attached as appendices and properly referenced. The Appendix number shall be referenced in your response to the applicable section in Part 4 and is to be included on the attachment itself. All Proposals are to be in English only. Any Proposals received by the Purchaser that are not entirely in the English language may be disqualified. Any resulting contract will be in English only, at the express wish of both parties. Toutes les propositions doivent être en anglais seulement. Toutes propositions reçues par l'acheteur qui ne sont pas entièrement dans la langue anglaise peuvent être disqualifiés. Le contrat subséquent sera en anglais seulement. Where there are spaces provided, indicate either “Yes” OR “No” by clicking in the appropriate box as shown in the “example” below: Please do not cross out, shade nor highlight your answer, to allow clarity during evaluation of the submission. Unpriced Proposal, Pricing Matrix and Number of Copies 1.5.1 Proposals must be submitted in the following method: (a) Unpriced Proposal Proposals shall include: • one (1) original (ink) paper copy signed by an authorized representative, prominently marked “Original” (without the Pricing Matrix) and; • Yes ☒ No ☒ I M P O R T A N T Proponents are cautioned against delivering responses that are little more than standard company collateral or company brochures submitted solely to form the RFP response. While this collateral may form an important ancillary Section of your response, they are not to replace clear, definitive correlation between the Proponent’s experience and services/material/equipment to be provided and the specific Hydro One business requirements. Such responses may be disregarded. Please keep all responses clear, concise, and on subject. Back-up information can be included as an Appendix. Hydro One is requesting the Proponent to limit their response, Part 4: Form of Submission, to a maximum of [xx] pages plus relevant appendices which would include CVs (Résumés). WNIDCL_PR_018(H1) Attachment A 7 of 40 Proposals must be submitted in the following method: • Two (2) electronic copy on USB key (without the Pricing Matrix). The Proposal Return Label should be affixed to the outside of the sealed package. The Proposal Return Label is included in Part 5 – Attachments and Hyperlinks. Failure to comply with the foregoing may cause your Proposal to be disqualified. The content of the paper copy Proposal (Part 4 completed) shall be the same electronic version Proposal (Part 4 completed). inconsistency between the hard copy and the electronic copy of Proposal, the hard copy of the unpriced Proposal shall prevail. (b) Proponents must complete the Pricing Matrix – Attachment # 10 as included in Part 5 – Attachments and Hyperlinks. The Pricing Matrix entirety, using the exact format provided in this RFP document package. • one (1) hard copy of the separate sealed envelope Proposal and the separate sealed envelope shall be clearly marked: RFP Document # 7000006567 Centralia TS GIS Building - EPC Proposal Appendix #____ Pricing Matrix Your Full Legal Company Name Note: Appendix # to be referenced in the envelope and; • included (unprotected) containing the same content of the paper copy Pricing Matrix. price applies, state ‘0’ or ‘nil’. Your Proposal may be disqualified area of the Pricing Matrix is left blank. copy of the Proponent’s Pricing Matrix, the hard copy of the Pricing Mat prevail. In most instances Hydro One Criteria, if applicable and after the evaluation of the other Non-Pricing R Criteria (other than price). any Proposal: (a) that does not have a completed Pricing Matrix in a separate sealed envelope (and labeled as the Pricing Matrix along with the applicable RFP # and company’s Proposal Appendix #, or (b) that includes any material pricing information in the Proposal (completed Part 4 Form of Submission). (c) Submission package containing the Pricing Matrix. The comple and delivered to Hydro One as stipulated in Section 1.6. WNIDCL_PR_018(H1) Attachment A 8 of 40 1.6 Submission Place and Deadline for Proposals Your Proposals must be received before the time and date indicated in Schedule – Section 1.4 of this RFP. Proponents shall address their Proposal to: Hydro One Networks Inc. c/o Inergi LP 20 Dundas Street West, Suite 831, Toronto, Ontario M5G 2C2 Attention: Proposal Depository – 8th Floor Reception Reference: RFP Document # 7000006567 Hours of operation for the Proposal Depository are: Monday to Friday (except for statutory holidays observed in Ontario), from 9:00 a.m. to 3:00 p.m. Local Time in Toronto, Ontario, Canada. Hydro One cannot guarantee Proposals will be able to be received and date and time-stamped outside of these hours of operation. Proposals, and revisions to Proposals, received orally, by telephone, e-mail or by facsimile equipment, or after the specified Proposal due date and time, will not be considered. The Proposal due date and time will be strictly adhered to. The onus is on each Proponent to ensure their Proposal is received at the Proposal Depository – 8th Floor Reception at the above-noted address before the stipulated Proposal due date and time regardless of the method of delivery. Responses are deemed received when they are date and time-stamped. The Proposal due time and the local time in Toronto, Ontario, Canada will conclusively deemed to be the time shown on the time-stamp clock used at the Proposal Depository – 8th Floor Reception for this purpose. It is each Proponent’s responsibility to ensure that their response is delivered and date and time-stamped before the Proposal due date and time. The Proponent should factor in that there may be delays or other conditions at the Proposal Depository that could delay the date and time-stamping of their Proposal, and that their own clock (and other clocks) may show a time different than the time-stamp clock used for receipt of Proposals, and this may result in their response being late. The Proponent is also cautioned that Proposals not hand-delivered to the Proposal Depository – 8th Floor Reception may initially arrive at the Hydro One mail room, which may cause delay in the time-stamping of the Proposal and result in a Proposal being late and not accepted for evaluation. 1.7 The Purchaser’s Contact / Communications Inquiries/questions or comments with respect to this RFP must be directed in writing to the Purchaser’s Contact - Bob Noseworthy by e-mail at: robert.noseworthy@inergi.ca before the Last Date for Receiving Proponents’ Written Questions stated in Section 1.4 above. Or by mail: Hydro One Networks Inc. Attn: Bob Noseworthy c/o Inergi LP 20 Dundas Street West, Suite 831, Toronto, Ontario M5G 2C2 Questions and answers will be distributed in numbered Addenda to Proponents by posting such Addenda on the Purchaser’s BID System. In answering a Proponent’s questions, the Purchaser will set out the question(s), but without identifying the Proponent that submitted the question(s) and may, in its sole discretion: (a) edit the question(s) for clarity; (b) exclude questions that are either unclear or inappropriate; (c) answer similar questions from various Proponents only once; and (d) direct an answer to one proponent exclusively if the question pertains solely to their solution or Proposal. Where an answer results in any change to the RFP, such answer will be formally evidenced through the issue of a WNIDCL_PR_018(H1) Attachment A 9 of 40 separate Addendum for this purpose. During the RFP period, no officer, agent, or employee of the Purchaser is authorized to alter orally, any portion of these documents. Any alterations will be issued as addenda and will be considered an integral part of the RFP. Prior to award of the contract, any correspondence that may be required shall carry the Purchaser's RFP Document Number. At the sole discretion of Hydro One, questions and the responses may be distributed to all the Proponents. It is the responsibility of the Proponent to seek clarification from the Purchaser’s Contact on any matter it considers to be unclear. The Purchaser shall not be responsible for any misunderstanding on the part of the Proponent concerning this RFP or its process. Proponent Note: While we conduct the solicitation and evaluation of the Proposals, please do not contact any individual in Hydro One with respect to this requirement, other than the Purchaser’s Contact. disqualified 1.8 Evaluation Process and Criteria Evaluation of the Proposals will be based on the following criteria: Stages of Evaluation Process 1.8.1 The evaluation of the Proposals will be conducted by the evaluation team (the “Evaluation Team”) in several stages, as described below. The Purchaser will determine the membership of the Evaluation Team, in its sole discretion, which may include external consultants and advisors. The Purchaser will conduct the evaluation of Proposals in the following stages: Stage I – Review of Mandatory Requirements (Pass / Fail) Stage I will consist of a review to determine which Proposals comply with all of the mandatory requirements. Proposals, which do not comply with all of the mandatory requirements, and are not rectified, will be disqualified and not evaluated further. All qualified Proposals (those complying with all of the mandatory requirements) will advance to Stage II. Proponents submitting proposals that do not meet the mandatory requirements may at the discretion of the Purchaser be provided an opportunity within the Rectification Period to rectify any deficiencies. Stage II – Evaluation of General Requirements Stage II will consist of a scoring by the Purchaser of each qualified Proposal on the basis of the General Requirements (non-pricing rated criteria). Stage III – Evaluation of Pricing / Total Evaluated Cost Upon completion of Stage II the sealed pricing envelope provided for each Proposal will then be opened and Stage III will consist of a scoring of the pricing submitted. Information provided in the Proponent’s completed Pricing Matrix (form included in Part 5 – Attachments and Hyperlinks) will be scored based on a pricing formula established by the Evaluation Team. Stage IV – Evaluation Summary At the conclusion of Stage III, all scores from Stage II and Stage III will be added and the highest scoring Proponent (“Preferred Proponent”) will be selected to begin negotiations, if required, to enter into a contract in accordance with Part 2 – Commercial Terms and Conditions. Mandatory Criteria / Requirements 1.8.2 Mandatory requirements will be assessed on a pass/fail basis. Failure to meet the mandatory requirements will result in disqualification. A Proposal must include or conform with the following mandatory requirements: • Proponent agrees to not take any action that would cause the Purchaser or any of its directors, officers, employees, agents, representatives, or business partners to be in breach of any of the obligations set out in Hydro One’s corporate Code of Business Conduct. WNIDCL_PR_018(H1) Attachment A 10 of 40 • Confirmation of meeting any and all Mandatory Technical and Project Requirements outlined in Part 4 – Form of Submission. • Acknowledgement, Agreement and Acceptance of the Terms and Conditions within Part 1 – Overview. • Your Proposal must be received at the Proposal Depository before the date and time stipulated in Section 1.4 and at the location stipulated in Section 1.6. Late Proposals will not be considered and will be returned unopened. • Attendance by the Proponent, verified by the Purchaser, at the mandatory site meeting. • Acceptance in Part 4 – Form of Submission of the terms of the Purchaser’s requirements applicable to project site labour as stated in Part 5 Attachments and Hyperlinks - Labour Requirements of this RFP package including a hard copy of the duly executed/signed “Acknowledgement of Labour Requirements” form included within the Labour Requirements attachment in Part 5 – Attachments and Hyperlinks. In addition to the above Mandatory Requirements each Proponent must declare in Part 4 – Form of Submission whether it has an actual or potential Conflict of Interest or Unfair Advantage. Where, in its sole discretion, the Purchaser concludes that an Unfair Advantage and/or Conflict of Interest arises or where the Purchaser discovers a Proponent’s failure to disclose all actual or potential Conflicts of Interest or Unfair Advantage, it may, in addition to any other remedy available to it at law or in equity, disqualify the Proponent’s Proposal, or terminate any contract awarded to the Proponent pursuant to this RFP. Where the Purchaser discovers a Proponent’s failure to disclose all actual or potential Conflicts of Interest or Unfair Advantages, the Purchaser may disqualify the Proponent’s Proposal or terminate any contract awarded to that Proponent pursuant to this RFP process. General Requirements 1.8.3 The Non-Pricing rated criteria will include: • Proof of Proponet’s team capabilities (key personnel) based on previous experience of similar projects; including sub-contractors • Proponent’s demonstrated understanding of Terms of Reference • Proponent’s demonstrated previous experience with EPC Contracts • Proponent’s Ability to Meet Project Schedule • Proponent’s Quality Assurance Plan • Aboriginal Business Participation which may consist of: ─ "Aboriginal Business" ownership of bidder/proponent, partners or subcontractors as defined in Section 1.2 – Definitions (Maximum points allocated for this). ─ Aboriginal community/person involvement in the delivery of the materials/services ─ Past Aboriginal Participation relevant to the contemplated work ─ Active diversity programs and policies Pricing / Total Evaluated Cost 1.8.4 Where quantities shown in the RFP are identified as estimates, they will be used only as a basis for evaluating Proposals. The Purchaser shall be obliged to pay only for Work required, delivered and accepted, which may differ from the estimates. 1.9 Negotiations, Notification and Debriefing Timeframe for Negotiations 1.9.1 The Purchaser intends to conclude negotiations within twenty (20) business days commencing from the date the Purchaser invites the “Preferred Proponent” to enter negotiations. A proponent invited to enter into direct contract negotiations should therefore be prepared to provide requested information in a timely fashion and to conduct its negotiations expeditiously. Any negotiations will not constitute a legally binding offer to enter into a contract on the part of the Purchaser or the proponent. Negotiations may include commercial and/or technical components of the Proposal, and may include requests by the Purchaser for improved pricing from the proponent. WNIDCL_PR_018(H1) Attachment A 11 of 40 Terms and Conditions 1.9.2 The terms and conditions found in this Part 1 – Overview are to form the starting point for negotiations between Hydro One and the selected proponent. Failure to enter into agreement 1.9.3 In the event that the Preferred Proponent fails or refuses to execute the contract or fails to obtain any of the permits, licenses, surety bonds, other types of security and/or approvals required pursuant to this RFP within twenty (20) business days from being notified of its position as the Preferred Proponent, the Purchaser may, in its sole discretion: (a) extend the period for concluding the contract or (b) terminate the discussions and exclude the Preferred Proponent’s Proposal from further consideration and begin discussions with the next highest-ranked Proponent without becoming obligated to offer to negotiate with all Proponents; and (c) exercise any other applicable right set out in this RFP, or available in law including but not limited to, cancelling the RFP, cancelling the procurement, issuing a new RFP or procuring the same or similar services without recourse to an RFP. Notification of Award and Debriefing 1.9.4 Proponents may request a debriefing after receipt of a notification of award. All requests must be in writing to the Purchaser’s Contact stipulated in Section 1.7 and must be made within sixty (60) days of notification of award. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process. Unsuccessful Proponents will be provided with notification of award in writing and/or by following the appropriate links to Tenders and Proposals – Awards at www.HydroOne.com. Proponent Note: The hyperlinks included herein are available for opening in Part 5 – Attachments and Hyperlinks. 1.10 Confidentiality / FIPPA Hydro One reminds Proponents that the terms and conditions of the Confidentiality Agreement signed at the time of submission, Attachment [#x] – Previously Executed Confidentiality Agreement in Part 5 – Attachments and Hyperlinks, will apply to the full content of this RFP and material provided through the RFP process. Without derogating from the terms of the said Confidentiality Agreement, Hydro One hereby informs Proponents as follows: (a) All requirements, documentation and information obtained by Proponents in connection with this RFP are the property of Hydro One, must be treated as confidential, and not used for any purpose other than for preparing your Proposal and replying to this RFP, and for fulfillment of any subsequent contract(s), if awarded. (b) Should you choose not to participate in this RFP process, please destroy all electronic and paper forms of this RFP. (c) Any confidential information supplied to the Purchaser by the Proponent may be disclosed by the Purchaser where it is obligated to do so under FIPPA, by an order of a court or tribunal or pursuant to a legal proceeding. The provisions of this section apply to all Proponents and shall survive the RFP process. 1.11 Intentionally Deleted 1.12 Site Conditions It shall be the responsibility of the Proponent to investigate and familiarize itself with the project site, of all the local, physical and labour conditions, and administrative practices, including those relating to safety, prevailing at the Project Site before submitting a Proposal. WNIDCL_PR_018(H1) Attachment A 12 of 40 1.13 Mandatory Site Meeting A mandatory Site Meeting is a pre-requisite to the submission of Proposals. Proponents must visit the site and thoroughly examine existing conditions as Proponent must satisfy itself to the extent of Work required to properly complete the scope of work, prior to submitting the Proposal. Proponent is responsible for ensuring that the following minimum requirements for personal protective equipment are met by all individuals attending the site meeting or performing the Work: • Head protection (CSA Z94.1) Class E (Type 1 or 2); • Foot protection (CSA Z195) Green triangle and Omega symbol (Class 1 toe protection and electrically resistant); • Eye/Face Protection (CSA Z94.3) High velocity impact with side shields and no metal frames; • Arc Flash/Flame Resistant Clothing. Certified to ASTM 1506 (Standard Performance Specification for Flame Resistant Textile Materials for Wearing Apparel for Use by Electrical Workers Exposed to Momentary Electric Arc and Related Thermal Hazards), must have a minimum ATPV rating of 8 cal/cm2. Clothing can incorporate the high visibility requirements below. All clothing shall provide full body coverage (from wrists to ankles i.e., full length pants and long sleeved shirts); • High visibility clothing must meet O.Reg 213/91 sec. 69.1(1-4) sec. 106(1.1-1.4) for daytime and nighttime visibility. If certified to CSA Z96, the garment must be certified to Class 2 Level 2. Vests shall be arc flash/flame resistant. All individuals attending the site meeting must be prepared to show a valid picture ID (e.g. driver’s licence). Proposals received from Proponents who have not attended a mandatory site meeting, verified by the Purchaser, will not be considered and will be disqualified. The Mandatory Site Meeting is scheduled as follows: Wednesday April 6, 2016 10:00 A.M. Marleen Simon Maximum [XX] attendees per Proponent. REMINDER: Please bring safety helmets, footwear, glasses, high visibility fire retardant clothing and picture ID. Please complete the “Intention to Attend Mandatory Site Meeting Notification/Confirmation Form” included in Part 5 of this RFP by no later than Tuesday April 5, 2016 at 2:00.00 P.M. if you plan on attending the above scheduled meeting. Note: By sending a representative to the Mandatory Site Meeting, Proponent consents to the disclosure of its name to any third party requesting a list of companies that have attended the Mandatory Site Meeting. Should a Proponent wish to request the list after the meeting has taken place, please e-mail the Purchaser’s Contact, stipulated in Section 1.7 before the Proposal due date and time. 1.14 Surety Bonds - Performance, Labour and Material Payment; Other Security (a) Surety Bond – At Purchaser’s request, at any time, and from time to time, the Preferred Proponent and/or successful Proponent may be required to furnish one or more surety bonds (being a performance bond(s) and/or a labour and material payment bond) in a form satisfactory to the Purchaser and in an amount up to 100 percent of the contract price. The surety shall be acceptable to the Purchaser and licensed to issue such surety bonds in the Province of Ontario. The successful Proponent shall maintain the surety bonds in good standing until the fulfillment of its obligations under the contract. WNIDCL_PR_018(H1) Attachment A 13 of 40 (b) Other Security – At Purchaser’s request, at any time, and from time to time, the Preferred Proponent and/or successful Proponent may be required to furnish other security for contract performance, in a form and amount satisfactory to the Purchaser, such as a guarantee by a parent company (if applicable), a bank letter of credit, bank guarantee, a monetary deposit, or personal property security documentation. (c) Reimbursement for Cost of Surety Bonds - If a surety bond is requested, in this Request for Proposal and the cost thereof is shown separately in the Proponent’s Proposal then following the issuance of a surety bond, the successful Proponent will be reimbursed for the cost thereof (if any, and without mark-up of cost by the successful Proponent) at rates no more than the prevailing industry rates, 30 days after receipt of actual invoice accompanied by evidence of payment to the surety. After payment of the initial premium, the successful Proponent shall at its expense maintain the surety bond for contract performance in good standing for the duration of the contract, until fulfillment of its obligations under the contract. There will be no reimbursement of costs in relation to surety bonds in other circumstances for the costs of any other security. (d) Failure to Furnish Surety Bonds or Other Security - Failure to furnish the surety bonds or other security, within two weeks from the date of request, made at any time, therefore by the Purchaser, shall exclude a Proponent from further consideration, make any award of contract by the Purchaser subject to withdrawal and shall also entitle the Purchaser to the payment of any damages it may suffer as a result. If the contract has already commenced, the failure to furnish such surety bonds or other security will, at the Purchaser’s sole discretion, entitle the Purchaser to terminate the contract for cause. 1.15 Disclaimer (a) Hydro One reserves the right, in its sole and absolute discretion, to award the RFP to: (i) make a partial award; (ii) modify, cancel, postpone, withdraw, or re-issue this RFP at any time, whether before or after Proposals have been submitted, and for any reason whatsoever without any obligation or reimbursement to any of the Proponents of any monies, whether or not a Proponent’s Proposal contains all required information and whether or not the Proposal is properly completed or submitted; (iii) waive procedural/technical defects, irregularities, exceptions, or omissions in the Proposal if, in doing so, the best interests of Hydro One will be served; (iv) negotiate any Proposal with a Proponent without reference to any other Proponent or Proposals. (b) Hydro One shall in no way be committed to accept the highest scoring Proposal or any Proposal and shall not be required to give any reason for its decision. Each Proponent agrees that the exercise of any right described herein shall be without liability on the part of Hydro One for any damage or claim brought by a Proponent because of same, nor shall any Proponent seek recourse of any kind against Hydro One because of same. Hydro One may, at its sole and absolute discretion, modify, delay, cancel, postpone, or withdraw this RFP and re-issue other RFPs (or proceed with procurement by other means) for same or similar Work. (c) The costs and expenses for the preparation and submission of a Proposal and all other cost and expenses incurred by any Proponent relating to this RFP, and the process related thereto, shall be borne by that Proponent. Hydro One shall not be liable to pay for such costs and expenses or to reimburse or compensate a Proponent in any manner whatsoever or under any circumstances including, without limitation, in the event of rejection of any or all Proposals, or the modification, cancellation, postponement, withdrawal, or re-issuance of this RFP, or if Hydro One proceeds by other means for same or similar work. (d) All requirements and conditions imposed by the RFP documents are for the benefit of Hydro One. They are not to be construed as undertakings or obligations on the part of Hydro One with respect to their enforcement. Hydro One will not be liable for any verbal information or advice or any errors or omissions which may be contained in this RFP. Hydro One makes no representations or warranties either express or implied, with respect to the accuracy or completeness of this RFP and Hydro One shall not be responsible for any action, cost, loss or liability arising from the Proponent’s reliance or use of this RFP. (e) The Proposals solicited are solely for the benefit of Hydro One, and Hydro One does not make any claims or promises whatsoever that the final award will be based on any perceived or assumed criteria. (f) All requirements, documentation and information obtained by the Proponents in connection with the RFP are WNIDCL_PR_018(H1) Attachment A 14 of 40 Hydro One’s property and must be maintained in confidence and shall not be used for any purpose other than for replying to the RFP, and for fulfilment of any subsequent contract(s) if awarded. (g) Inappropriate Conduct Without limiting the generality of the provisions of all sections of this Part 1, Hydro One reserves the right to disqualify from submitting a proposal, or refuse to award to: (i) An individual or partnership, or (ii) An individual or partnership who was a shareholder or officer of a corporation, or (iii) A corporation, or (iv) A corporation with a shareholder or officer, or (v) A corporation that has a shareholder or officer who is also a shareholder or officer of another corporation that has, in the twenty-four (24) months prior to the Proposal due date, or at any time between the Proposal due date and the date of award; A. had a bid bond retained, or had all or part of a performance bond retained, or breached a contract with Hydro One or one of its affiliates; or B. failed to complete its obligations under any prior contract with Hydro One or one of its affiliates; or C. conducted itself under a prior contract with Hydro One in a manner that, in Hydro One’s reasonable opinion, did not meet the highest standards of integrity, ethics, and business practices which may include the submission of proposals containing misrepresentations or any other inaccurate, misleading or incomplete information; or any other conduct, situation or circumstance, as solely determined by the Purchaser, which constitutes a Conflict of Interest. For the purposes of this Section, “Conflict of Interest” shall have the meaning ascribed to it in Section 1.2. D. was involved, or is now involved, in a legal proceeding, dispute, or threatened dispute, with Hydro One, whether or not the Proponent believes the said proceeding, dispute, or threatened dispute is with merit. The foregoing does not apply where the shareholder holds shares of a publicly-traded company that offers its registered securities to the general public and the shareholder holds an insignificant interest in the stock of that company, not to exceed a total of five per cent of the outstanding stock of the company. (h) Hydro One may, in its sole and absolute discretion, choose to meet with one or more of the Proponents to discuss aspects of their Proposal. Hydro One may require one or more Proponents to submit supplementary documentation clarifying any matters contained in their Proposal, and the supplementary documentation accepted by Hydro One shall form part of the Proposal of such Proponents. (i) This document is the sole property of Hydro One and shall not be reproduced or distributed in whole or in part for any other purpose other than that for which it is intended, i.e. submission of Proposal and submission of work. All other use of this document or portion thereof shall require the prior written approval of Hydro One. (j) The Proponent submitting a Proposal(s) agrees that all rights, title and interest, including copyright ownership, to all information and material that may be provided to the Proponent by Hydro One or otherwise obtained by the Proponent relating to the RFP or in the Proponent’s supply of Work if it is the successful Proponent, shall remain the property of Hydro One. All such information and material and any copies thereof shall be returned to Hydro One upon request. The Proponent further agrees to maintain all information and material that may be provided to the Proponent by Hydro One or otherwise obtained by the Proponent in relation to the RFP or in the course of supplying the Work, if the Proponent is the successful Proponent, in strict confidence and to disclose the said information and material only to those of its employees having a need to know same and who have undertaken a like obligation to maintain its confidentiality. The Proponent agrees neither to reproduce or disclose or distribute the said information and material to any other third party and not to use the said information and material for any purpose other than as specifically contemplated herein without Hydro One’s prior written consent. (k) In no event shall Hydro One be responsible for any losses or damages of the Proponent that are indirect, consequential, punitive, or for economic loss, loss of revenues, loss of profits, penalties, or fines, including without limitation as a result of the Purchaser accepting a non-compliant bid; accepting a bid that does not meet one or more mandatory provisions; disqualifying a bid that meets all of the mandatory provisions; accepting a bid from an ineligible bidder; failing to accept or disqualifying a compliant bid; failing to adhere to its stated evaluation criteria; failing to adhere to its specifications, scope of work, or terms of reference; WNIDCL_PR_018(H1) Attachment A 15 of 40 cancellation, delay, or amendment of the RFP process; commencing a similar RFP process or proceeding with another method of procurement; making a partial award; awarding to more than one Proponent; seeking or failing to seek a clarification on any Proposal; awarding to a bidder other than the lowest bidder; correcting any evaluation errors; failure to conduct a fair process; negotiating with any Proponent without reference to any other Proponents or Proposals; waiver or failure to waive procedural or technical defects, irregularities, exceptions, and omissions in bids; accepting a late bid; or failing to accept a bid submitted on time; refusing to accept a bid submitted to an incorrect location; accepting a bid that was submitted to an incorrect location; or inability or unavailability to accept the submission of a proposal. (l) Subject to all other exclusions and limitations anywhere in the RFP documents, Hydro One’s maximum liability in the event of any loss or damages due in whole or in part to the Hydro One’s act or omission, including, without limitation any negligence, willful misconduct, breach of any statutory or other duty of care, or breach of contract, shall not exceed one thousand dollars ($1,000). (m) No Contract A and No Claims This procurement process is not intended to create and shall not create a formal legally binding bidding process. For greater clarity and without limitation: (i) the RFP shall not give rise to any “Contract A”-based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; (ii) The Proposal may be rescinded by the Proponent at any time prior to acceptance by the Purchaser; and (iii) neither the Proponent nor the Purchaser shall have the right to make any breach of contract, tort, or other claims against the other with respect to award of the contract, failure to award a contract, or failure to honour a response to the RFP. (n) No Contract until Execution of Written Agreement The RFP process is intended to identify prospective vendors for the purposes of negotiating potential agreements. No legal relationship or obligation regarding the procurement of any material or service shall be created between the proponent and the Purchaser by the RFP process until the successful negotiation and execution of a written agreement for the acquisition of such materials and/or services. By submitting a Proposal to the Purchaser, each Proponent acknowledges, agrees with and accepts the terms and conditions of all clauses in this Part 1 - Overview, and agrees to the adequacy of the RFP and the process described herein for the intended purpose. The acknowledgement, agreement and acceptance of the terms and conditions within this Part 1 - Overview is mandatory and any revisions by the Proponent to any clauses found within this Part 1 - Overview will not be accepted, nor will any alternate terms and conditions submitted by the Proponent be accepted. In particular, by submitting a Proposal, each Proponent agrees to any terms that exclude or limit Purchaser’s liability in connection with this RFP. These provisions for the benefit of Hydro One may not be waived. WNIDCL_PR_018(H1) Attachment A 16 of 40 PART 2: COMMERCIAL TERMS AND CONDITIONS Part 2 of the RFP document comprises: 2.1 Special Terms and Conditions (supplemental to Engineering, Procurement and Construction Agreement including LABOUR REQUIREMENTS, Form 1) 2.2 Engineering, Procurement and Construction Agreement To the extent of any conflict or inconsistency, Section 2.1 Special Terms and Conditions take precedence over Section 2.2 Engineering, Procurement and Construction Agreement. In the Special Terms and Conditions and Engineering, Procurement and Construction Agreement the successful Proponent under the RFP shall be referred to as the Contractor. 2.1 Special Terms and Conditions – Supplemental to Engineering, Procurement and Construction Agreement Capitalized terms not defined under the Special Commercial Terms and Conditions shall have the same meaning ascribed to them under Engineering, Procurement and Construction Agreement, unless otherwise expressly stipulated. The provisions of these Special Terms and Conditions shall prevail over any provisions under Engineering, Procurement and Construction Agreement to the extent of any conflict or inconsistency. Article 33 - Site Access / Security 2.1.1 Engineering, Procurement and Construction Agreement Article 33 is hereby amended as follows: 33.1 Delete the words “Personnel Risk Assessment Form”, and replace with “Personnel Risk Assessment” Article 50 - Insurance Provided by Contractor 2.1.2 Engineering, Procurement and Construction Agreement Article 50 is hereby amended as follows: 50.2 Delete the words “7th floor, South Tower”, and replace with “8th floor, South Tower”. Form 1 Labour Requirement 2.1.3 Note: The above documents can be found and accessed in Part 5 – Attachments and Hyperlinks. 2.2 Engineering, Procurement and Construction Agreement Note: This Engineering, Procurement and Construction Agreement is available for opening in Part 5 – Attachments and Hyperlinks WNIDCL_PR_018(H1) Attachment A 17 of 40 PART 3: TERMS OF REFERENCE 3.1 Background Hydro One Inc. is a holding company with subsidiaries that operate in the business areas of electricity, Transmission and Distribution (“T&D”), and telecom services. Hydro One Inc. is wholly owned by the Province of Ontario and our T&D businesses are regulated by the Ontario Energy Board (“OEB”). Our industry, including our company, is governed within the broad legislative framework of the Electricity Act and the OEB Act. Hydro One Networks Inc. (“Hydro One”) represents the majority of Hydro One Inc. business. As stewards of the Province’s electricity grid, our core role is to provide safe, reliable and cost-effective electricity transmission and distribution and to connect clean and renewable sources of generation to the province’s electricity grid. Hydro One is the largest electricity transmission and distribution company in Ontario. We own and operate substantially all of Ontario’s electricity transmission system, accounting for approximately 96.6% of Ontario’s transmission capacity based on the revenue approved by the OEB. Based on assets, our transmission system is one of the largest in North America and our distribution system is the largest in Ontario. The following link can be found and accessed in Part 5 - Attachments and Hyperlinks. In this website, information about Hydro One Inc. and its subsidiaries is available. Website: http://www.hydroone.com/OurCompany/Pages/QuickFacts.aspx 3.2 Scope of Work Note: Should any specifications, drawing or figures or details be omitted which are necessary to a clear and comprehensive understanding of the Request for Proposal document, the Proponent shall notify the Purchaser’s Contact stipulated in Section 1.7 of such omissions or errors and obtain clarification before submitting its Proposal. 3.3 Intentionally Deleted 3.4 Site Safety Requirements The Contractor will be required to submit, upon request from Hydro One Networks Inc., within 21 days, following the execution of the contract, a detailed Safety Plan specific to the Project’s Place of Work. The document below outlines the requirements for the Site Specific Safety Plan. Note: This document can be accessed in Attachments and Hyperlinks – Part 5. 3.5 Technical Package The following documents are referenced drawings/specifications to the Technical Specifications part of this RFP, and should be treated as part of the RFP documentation. All can be accessed in Attachments and Hyperlinks – Part 5. WNIDCL_PR_018(H1) Attachment A 18 of 40 PART 4: FORM OF SUBMISSION Notes: (a) Capitalized terms not defined herein shall have the same meaning ascribed to them in the Bid Invitation Letter of this RFP. (b) The “Proponent”, “Contractor”, and “Company” are the same party. (c) In order to allow a consistent evaluation of the Proposals, you must complete your response on the form provided as the Form of Submission (Part 4). Responses are to be to the point, clear, and complete. You may insert additional lines on the electronic document to provide sufficient space for your complete response; however, you may not change any of the pre-printed information. All requested sections must be directly addressed and fully completed to permit evaluation. Hydro One is not obligated to seek clarifications. All attachments required to be completed and included with your submission are to be attached and properly referenced. Failure to comply may cause your Proposal to not be considered and be disqualified. (d) Failure to comply with sections marked “Mandatory Requirement(s)” will cause your Proposal to not be considered and be disqualified. 4.1 Company information ALL fields are to be completed or if Not Applicable, Proponent should enter "N/A" in field. Full Legal Name of Proponent: Click here to enter your answer. Any other name under which the Proponent conducts business: Click here to enter your answer. Complete Mailing Address: Click here to enter your answer. City, Province / State / Country: Click here to enter your answer. Postal / Zip Code: Complete Remit to Address (If different from the above Mailing Address): Mailing Address: City, Province / State / Country: Postal / Zip Code: Click here to enter your answer. Click here to enter your answer. Click here to enter your answer. Main Contact Person Name: Click here to enter your answer. Click here to enter your answer. Phone Number: Click here to enter your answer. Accounts Receivable Contact Person Name: Click here to enter your answer. Click here to enter your answer. Website / URL Address: Click here to enter your answer. Proponent's GST / HST Registration Number: Proponent's QST Registration Number: Click here to enter your answer. Proponent’s Proposal Reference Number Click here to enter your answer. The undersigned, hereby declare that the company is: (Complete sub-clause or only, whichever applies) Click here to enter your answer. A Company incorporated under the laws of OR (b) places of incorporation, if any, of the members of the Click here to enter your answer. WNIDCL_PR_018(H1) Attachment A 19 of 40 4.2 Mandatory Requirements will be assessed on a pass/fail basis. A Proposal must include or conform with the following mandatory requirements. Proponent is to place an “X” mark in either the “Yes” or “No” column in each of the rows below. disqualification. Yes No Hydro One Code of Business Conduct 4.2.1 We have examined the Hydro One Code of Business Conduct, and agree to not take any action that would cause the Purchaser or any of its directors, officers, employees, agents, representatives, or business partners to be in breach of any of the obligations set out in Hydro One’s corporate Code of Business Conduct. A current copy of the code may be reviewed by downloading the electronic document by following the appropriate link at the following hyperlink (can be found and accessed in Part 5 – Attachments and Hyperlinks): http://www.hydroone.com/CodeofConduct ☐ ☐ Acknowledgement, Agreement and Acceptance of the Terms and Conditions within 4.2.2 Part 1 – Overview A Proponent may not take any exception to Part 1 –Overview under this RFP. Confirm your acceptance of Part 1 – Overview. ☐ ☐ Acknowledgement, Agreement and Acceptance of all Mandatory Technical and 4.2.3 Project Requirements A Proponent may not take any exception to any Mandatory Technical or Project Requirement within this Section. Confirm your acceptance and compliance with all Mandatory Technical Requirements by selecting the appropriate box below. Proposal meets Mandatory Technical & Project Requirements Mandatory Technical or Project Requirement Proponent Bid Reference Yes No A single incorporated company or a consortium of companies, for which one incorporated company takes a Prime Contractor position. Click here to enter your answer. ☐ ☐ Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Failure to meet these requirements may result in disqualification. Yes No If we are the successful Proponent, we agree to provide the following to the Purchaser within 48 hours after the Purchaser’s notification or request: • Copy of Certificate of Incorporation if the company is unincorporated or a certified copy of Business Name Registration or Partnership Registration (Master Business License) • Electronic Funds Transfer (EFT) information requested in Attachment # 15 – Authorization of Electronic Funds Transfer (EFT) Form in Part 5 – Attachments and Hyperlinks. • HST Registration Confirmation as per the sample in Attachment # 16– Registration Confirmation in Part 5 – Attachments and Hyperlinks. Proponent Note: The above documentation should not be submitted with your Proposal. ☐ ☐ We agree that, if we are the successful Proponent and at any time after submission of this Proposal our registration status changes, our name changes, or there is a change in control of our company’s ownership, we will immediately notify the Purchaser, and will provide certified copies of any official documentation such as copies of Articles of Incorporation. ☐ ☐ WNIDCL_PR_018(H1) Attachment A 20 of 40 Mandatory requirements will be assessed on a pass/fail basis. A Proposal must include or conform with the following mandatory requirements. Proponent is to place an “X” mark in either the “Yes” or “No” column in each of the rows below. disqualification. Yes No The Engineering Company providing engineering design service must have a Certificate of Authorization and all design documents must be sealed by a Professional Engineer licensed in the Province of Ontario and in accordance with the Professional Engineers Act. Click here to enter your answer. ☐ ☐ Each company that may provide services on Hydro One property, Right of Way, meets ‘Hydro One Requirements For Site Specific Safety Plans For Contractors’ (see Part 5 Attachments). Click here to enter your answer. ☐ ☐ The General/Prime contractor must act as the Constructor as defined in the OHSA legislation and hold the Ministry of Labour Notice of Project for any trades work performed under this contract. Click here to enter your answer. ☐ ☐ Leads for all trades must hold a valid license for the applicable trade in the Province of Ontario. Click here to enter your answer. ☐ ☐ Confirmed attendance at Mandatory Site Meeting 4.2.4 Name: Click here to enter your answer. Tile: Click here to enter your answer. Date: Click here to enter your answer. Visited the project site(s) and obtained information on the actual physical conditions, labour requirements and all other factors pertinent to the work on the project. ☐ ☐ Intentionally Deleted 4.2.5 WNIDCL_PR_018(H1) Attachment A 21 of 40 Mandatory requirements will be assessed on a pass/fail basis. A Proposal must include or conform with the following mandatory requirements. Proponent is to place an “X” mark in either the “Yes” or “No” column in each of the rows below. disqualification. Yes No Labour Requirements 4.2.6 Contractor and any subcontractors performing trades work under this contract must adhere to all the articles contained in any collective agreements and associated wage schedules associated with this contract. As well, the General/Prime contractor is responsible for ensuring that its subcontractor(s) adheres to this Labour Requirements Clause while working on any Hydro One sites. The “Acknowledgement of Labour Requirements” form is contained in Part 5 - Attachments and Hyperlinks - Labour Requirements of this RFP package and must be submitted with your Proposal. In signing the form, the contractor(s) agrees to be bound by the terms and conditions of any collective agreements associated with this contract. We accept the terms of the Purchaser’s requirements applicable to project site labour as stated in Part 5 Attachments and Hyperlinks - Labour Requirements of this RFP package. We will inform all proposed subcontractors of these requirements, and we undertake to provide similar acknowledgements from each subcontractor prior to its commencement of work at the project site. ☐ ☐ With our Proposal, we have included a hard copy of the duly executed/signed “Acknowledgement of Labour Requirements” form included within the Labour Requirements attachment in Part 5 – Attachments and Hyperlinks. Attached as Appendix # Choose the Appendix #. to our submission. ☐ ☐ 4.3 Executive Summary Provide a concise summary of your organization, number of years in business, capabilities, and compliance. Readers of this section should be able to grasp the substance of the response quickly and easily. Answer below: Click here to enter your answer. Provide details of company ownership and organization specifically addressing persons of Aboriginal decent. Note: Declaration is completely voluntary. Favourable consideration for Aboriginal community content will be contingent on disclosure. Answer below: Click here to enter your answer. Provide details and references if available of prior Aboriginal Participation throughout your organization’s activities. Answer below: Click here to enter your answer. Provide details and copies if available of your diversity programs and policies relating to your workplace and procurement practices. Answer below: Click here to enter your answer. WNIDCL_PR_018(H1) Attachment A 22 of 40 4.4 Technical Exceptions Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No Failure to explicitly express any exceptions to the technical requirements in this section will be deemed as acceptance. NOTE: Proponents that put an “X” mark in the NO box only: Any exceptions must be detailed below. Answer below: Click here to enter your answer. ☐ ☐ 4.5 Technical Offer The following shall be included in the tender submission: • • • • 4.6 Proof of Ability and Subcontractors The Proponents shall have a proven experience and capability to perform the Work described in Part 3 – Terms of Reference of this RFP package. Information pertaining to the Proponent’s experience and organization to perform work or similar or higher in quality and specification than the Work described in Part 3 – Terms of Reference is as follows: Answer below: Click here to enter your answer. Proponent’s Capability – References 4.6.1 The Proponent provides the following reference list of customers to whom Work that is similar, identical or higher in quality, specification, and volume than compared to the Work to be procured under this RFP, has been supplied in the past five years: Note: The Purchaser may contact references listed in their submitted Proposal during the evaluation process for verification purposes. Proponents complete the table below: Proponents complete the table below (for information purposes only): WNIDCL_PR_018(H1) Attachment A 23 of 40 Click here to enter your answer. Click here to enter your answer. The Evaluation Team will verify as many references provided in the qualified Proposals as the Evaluation Team may deem appropriate, and such references may be conducted in-person, as the Evaluation Team may determine in its sole discretion. Verification of the Proponents references will be based on the following items: • • Intentionally Deleted 4.6.2 Ability to file Notice of Project 4.6.3 Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No If we are the successful Proponent, we will file the Notice of Project with the Ministry of Labour, for this Work and will act as the Constructor according to the Ontario Health and Safety Act. Answer below: Click here to enter your answer. ☐ ☐ Aboriginal Participation 4.6.4 Provide details of subcontractor ownership or content specifically addressing persons of Aboriginal decent. Declaration is completely voluntary. Favourable consideration for Aboriginal community content will be contingent on disclosure. Answer below: Click here to enter your answer. 4.7 Key Personnel Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No We have filled out Appendix G – List of Key Personnel, of the Engineering, Procurement and Construction Agreement and the required resumes are attached. Attached as Appendix # Choose the Appendix #. to our submission. Contractor’s Representative If we are the successful Proponent, the following person will be named as the Contractor’s Representative in the resulting Contract: Name: Click here to enter your answer. Contact (Mailing address and Fax Number): Click here to enter your answer. ☐ ☐ 4.8 Hydro One Resource Requirements Detail any required support by Hydro One resources. Include an estimate of time, the reason and at what point in the proposed work schedule the resources are required. Also include any non-personnel resources required of Hydro One. Indicate space/facilities and equipment expected to be provide by Hydro One. WNIDCL_PR_018(H1) Attachment A 24 of 40 Answer below: Click here to enter your answer. 4.9 Your Understanding of Hydro One’s Requirements Describe in your own words, your understanding of Hydro One’s requirements including scope and resource requirements. Specify in detail the actual services you propose to deliver. Detail the support you will require from Hydro One. Identify any major issues as determined by your company that would need to be addressed for successful delivery of the services. Answer below: Click here to enter your answer. 4.10 Equipment Safety Certification Form Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No We have examined the Equipment Safety Certification Form in Attachment # 7– Equipment Safety Certification Form in Part 5 – Attachments and Hyperlinks and certify that, if we are the successful Proponent, we are capable and willing to provide a current, signed Equipment Safety Certification Form to accompany each piece of equipment delivered to project site / jobsite during the contract term. Further, by submitting selecting “Yes” below we certify that: • All equipment supplied during the contract term will be in proper safe working condition at the time of arrival/delivery to the project site / jobsite in accordance with the manufacturer’s specifications; • At the time of arrival/delivery to the project site / job site no equipment will bear, contain or include any modifications or attachments that could affect the manufacturer’s specification and/or affect safe operation of the equipment; and • We will provide written notification of all inspections, repairs and maintenance during the period that the equipment will be on project site / jobsite. ☐ ☐ 4.11 Contractor Health, Safety and Environment Questionnaire – Safety Management Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No endeavours to obtain the following results: (i) 0 Fatalities (ii) 0 Loss Time Injuries (iii) 0 Medical attended Injuries The Purchaser will review the Proponent’s safety capability and the Safety Management Program as a significant factor in the evaluation and must be satisfied that the capabilities and program are sufficient and acceptable in order to consider the Proponent for a contract. If, in the sole and absolute opinion of the Purchaser the Proponent does not satisfy the requirements, the Proponent may not be considered and may be disqualified. Complete and return the Contractor Health, Safety & Environment Questionnaire included as Attachment # 6 in Part 5 – Attachments and Hyperlinks. We have examined, completed and included the Contractor Health, Safety & Environment Questionnaire, including all requested documents, with our Proposal. Attached as Appendix # Choose the Appendix #. to our submission. ☐ ☐ 4.12 Assumptions and Constraints Identify below key assumptions and/or constraints governing your Proposal. Answer below: WNIDCL_PR_018(H1) Attachment A 25 of 40 Click here to enter your answer. 4.13 Risks Using the table provided below, provide an assessment of the potential risks that may impact a successful project completion and how these risks will be mitigated. Potential Risk Risk Impact Risk Mitigation 4.14 Quality and Performance Guarantees (a) Submit your proposed method of ensuring quality of the end work product. Answer below: Click here to enter your answer. (b) Detail the project management methodology to ensure high quality deliverables are delivered. Answer below: Click here to enter your answer. (c) Submit a copy of your firm’s quality management program and plan. Answer below: Click here to enter your answer. 4.15 Pricing Pricing Matrix 4.15.1 Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No Pricing Matrix included as Attachment # 10– Pricing Matrix in Part 5 – Attachments and Hyperlinks has been completed in its entirety and is included with your Proposal. The completed Pricing Matrix, using the exact format provided in this RFP, must be inserted in a separate sealed envelope, inside the box or package containing your main Proposal and the envelope shall be clearly marked: RFP Document #7000006567 - Centralia TS GIS Building - EPC Proposal Appendix #____ Pricing Matrix Your Full Legal Company Name Included in the same separate sealed envelope shall be electronic copies containing the same content of the paper copy Pricing Matrix. For number of paper copies and electronic copies required see Section 1.5.1 – Unpriced Proposal, Pricing Matrix and Number of Copies. Acknowledge that you have complied with the above by marking an “X” in the appropriate box: ☐ ☐ Pricing Matrix has been included in separate sealed envelope and is identified as Appendix # Choose the Appendix #. to our submission. ☐ ☐ WNIDCL_PR_018(H1) Attachment A 26 of 40 Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No • • All insurance(s), WSIB/workers’ compensation and all other charges of every kind attributable to the Work. • All applicable taxes (except for GST/HST and QST). Where applicable, all prices and rates must be net, excluding GST/HST and QST. If applicable, the GST/HST and QST shall be shown, as extra and separately, on the pricing matrix. • All reimbursable expenses. (Note: If extra, reimbursable expenses must be shown separately on the Pricing Matrix and details are to be provided in Part 4 – Form of Submission). • All other charges of every kind attributable to the Work. Prices are in Canadian dollars and are not subject to adjustment for fluctuations in foreign exchange. If not in Canadian dollars, specify currency here: Click here to enter your answer. The price of any performance security shall be shown separately, if applicable. Indicate whether all reimbursable expenses are included in your proposed pricing by marking an “X” in the appropriate box. If No, please provide details below: Click here to enter your answer. Proponent Note: If reimbursable expenses are extra, the estimate must be shown on your completed Pricing Matrix. Proponent Note: Under no circumstances will any expenses be recoverable by the successful Proponent from the Purchaser, either directly or indirectly, for any hospitality, incidental, or food or beverage expenses incurred by successful Proponent’s personnel, or anyone acting on behalf of the successful Proponent, including but not limited to expense in respect of: (i) meals, snacks and beverages; (ii) gratuities; (iii) laundry, dry cleaning and valet services; (iv) dependant care; (v) home management and; (vi) personal telephone calls. The Purchaser shall not accept a surcharge for general administrative expenses including, without limitation, communication charges, data systems management, etc. Proposals shall not include any ☐ ☐ Firm Price 4.15.2 Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No Price is firm for the duration of the engagement. Agreed: If No, please provide details below: Click here to enter your answer. ☐ ☐ Incentives/Added Value 4.15.3 Proponent proposes the following rebates, volume discounts, incentives etc. that may be considered in the evaluation of this Proposal and are intended to increase the total value delivered by the successful Proponent and received by the Purchaser. Any incentives defined in this Section, will be exclusive to any contract that will result from this RFP. However, favourable payment terms defined in Section 4.16.1, as applicable, will be applied to all of the existing contracts that the Proponent has with Hydro One. Answer below: WNIDCL_PR_018(H1) Attachment A 27 of 40 Click here to enter your answer. Intentionally Deleted 4.15.4 4.16 Commercial Terms and Conditions Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No Request for Proposal. Failure to explicitly express any exceptions below to the proposed terms and conditions in this section will be deemed as willingness to accept. If any exceptions please state below: Click here to enter your answer. Proponent Note: Any exceptions will be considered in the evaluation and may cause your Proposal to not be considered further. ☐ ☐ Terms of Payment 4.16.1 Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No deliverable or milestones or upon completion and acceptance of the work as applicable. Agreed: If No, please provide details below: Click here to enter your answer. ☐ ☐ and are intended to increase the total value delivered by the successful Proponent and received by the Purchaser. Favourable payment terms defined in this section will be applicable to all of the contracts that you have with Hydro One. However any discounts, incentives, rebates etc., as proposed in Section 4.15.3, will be exclusive to any contract that will result from this RFP. Choose one of the following: (a) 0.5%, 20 / N 30 ☐ (e) 2%, 15 / N 45 ☐ (b) 0.75%, 30 / N 45 ☐ (f) 3%, 15 / N 45 ☐ (c) 1%, 10 / N 30 ☐ (g) 4%, 15 / N 30 ☐ (d) 1.25%, 20 / N 45 ☐ (h) 5%, 15 / N 30 ☐ Invoicing Compliance and Electronic Funds Transfer 4.16.2 Hydro One has implemented a supplier portal, powered by Taulia, to save suppliers time, reduce errors, and streamline suppliers’ business process when submitting invoices. This easy-to-use online platform provides complete visibility into suppliers’ purchase orders, invoices and payment details. All Hydro One suppliers will be expected to adopt and use the Taulia Supplier Portal for: • PO Status • Invoice Submission • Invoice Status • Questions related to PO, Invoice, and Payment Details If you are already enrolled on the Taulia Supplier Portal as a supplier your invoices will be submitted via the Taulia WNIDCL_PR_018(H1) Attachment A 28 of 40 Supplier Portal at http://portal.taulia.com, using your company ID and Password, do not submit a paper copy invoice through the Taulia Portal. If you are not currently enrolled on the Taulia Supplier Portal you can obtain information about the program at http://supplier.taulia.com/customers/hydroone/ The above links can be found and accessed in Part 5 – Attachments and Hyperlinks. This site contains contact information as well as details on the benefits, how to get enrolled and frequently asked questions. Payment will be made from an ORIGINAL invoice only. Fax copies will not be processed. Statements can be accepted only with original invoices attached. Invoices MUST be submitted in accordance with the contract documents’ Terms of Payment and Invoicing requirements and in a format corresponding to the items listed on the face of each Purchase Order and Purchase Order release. Invoices MUST match the Purchase Order and Purchase Order release in price and quantity. All invoices must clearly show: • Invoice number and date; • Contractor’s name, address, phone number and contact name; • 'Remit' address, if different than mailing address; • This Agreement or Purchase Order number, the Purchase Order Release number and the Purchase Order Release line number(s) including location of the Work and a short description of the Work the charges relate to; • Quantity 1 lot price (unless otherwise specified on the Purchase Order or Purchase Order Release); • Service master number, if provided; • Applicable tax treatment must be shown separately; • Where GST/HST/QST is billed, the registration tax number(s) must be noted on the invoice; • The Purchaser’s Site Contact name; • Reimbursable expenses (if applicable) shall be shown separately on all invoices and be substantiated with receipts at time of invoicing. All GST/HST and QST paid on reimbursable expenses that is recoverable by Contractor must be deducted from the amount of the expense to be claimed for reimbursement from Hydro One; • Currency (if not Canadian dollars); • Terms of Payment as per this Outline Agreement; • Invoices shall detail the hours by individual, their charge out rates, expenses (if applicable) and the Work that the fees relate to. If the Purchaser’s Site Contact requires details of labour, materials and/or Equipment used, please provide this information SEPARATELY, direct to the Site Contact. DO NOT attach a copy of this information to your invoice(s) submitted for payment. NOTE: 1. Invoices not conforming to the above instructions/format will be returned to the Contractor. 2. Payments will be made to the “Remittance” address only. Cheques may not be picked up. 3. Do not include charges from more than one Purchase Order Purchase Order or Release on an invoice. 10% CONSTRUCTION HOLDBACK INVOICING INSTRUCTIONS Invoices are to be submitted in accordance with the Terms of Payment and the Invoicing Instructions of this Agreement. Payment will be made as follows: 1. 90 percent of the invoiced value of all labour and materials incorporated into the Work, plus GST/HST/QST, 45 days after receipt of an acceptable invoice. Such invoices shall be marked as “CONSTRUCTION HOLDBACK TO BE APPLIED”; and 2. Un-paid balance of 10 percent, plus GST/HST/QST, 60 days after completion of the Work and acceptance of the Work by the Purchaser’s designated representative and subject to the applicable legislation. Release of holdback is conditional to the Vendor providing: ─ Proof of the publication of a certificate of substantial performance in a construction trade newspaper; ─ A sworn statutory declaration for release of holdback monies that all accounts for the labour, subcontracts, products, construction, machinery and Equipment, and other indebtedness which may have been incurred by the Contractor in the substantial performance of the work and for which the Purchaser might in any way be held responsible have been paid in full, except for amounts properly retained as a holdback or those amounts not yet WNIDCL_PR_018(H1) Attachment A 29 of 40 paid by the Purchaser to the Contractor which payment may be in dispute; and ─ A current WSIB clearance certificate Applying the above information, prior to issuing an award, at its sole discretion, the Purchaser may request you to submit a sample invoice generated from your accounting system clearly marked “Sample Invoice” that demonstrates your understanding of Hydro One invoicing requirements. The pricing in the sample invoice should NOT under any circumstances be representative of the specific requirement of this RFP. Failure to comply will be considered in the evaluation and may cause your Proposal to not be considered further. The Invoice Sample should not be submitted with your Proposal, you will be contacted by the Purchaser if a sample invoice is required. Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No We will provide the required documentation as outlined above upon request by the Purchaser in this section: ☐ ☐ Financial Information / Surety Bonds – Performance, Labour and Material Payment; Other 4.16.3 Security Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Failure to meet these requirements may result in disqualification. Yes No Financial Information To enable Hydro One to assess the Proponent’s financial condition, the Proponent is required to provide the information requested in Attachment # 8 – Business Profile & Financial Requirements Form in Part 5 – Attachments and Hyperlinks. Proponent Note: The Proponent has the option to provide the completed Business Profile & Financial Requirements Form along with any supporting documentation in a separate sealed envelope, at their discretion. Indicate whether you have completed and attached the above documentation; Attached as Appendix # Choose the Appendix #. to our submission. ☐ ☐ Surety Bonds – Performance, Labour and Material Payment; Other Security In accordance with in Part 1 – Overview, Section 1.14 – Surety Bonds – Performance, Labour and Material Payment; Other Security we agree to provide security as required by the Purchaser : If a surety bond is required, the surety we propose to use is: (Proponent to complete.) Click here to enter your answer. (Name and address of the Surety Company) ☐ ☐ Standard Insurance Certificate 4.16.4 Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No We (the Proponent and/or our subcontractors) will be using licensed vehicles owned, rented or leased by the Proponent and/or its subcontractors in connection with the Work to be performed. ☐ ☐ Our (the Proponent’s) employees and/or our subcontractor’s employees will be using their own licensed vehicles in connection with the Work to be performed. ☐ ☐ X one Yes No The Proponent shall procure and maintain at its own expense, insurance(s), as described in Article 50 – WNIDCL_PR_018(H1) Attachment A 30 of 40 Place an “X” mark in either the “Yes” or “No” column in one of the rows below. Failure to meet this requirement may result in disqualification. Yes No Engineering, Procurement and Construction Agreement, for the duration of this contract. We have examined and meet the requested insurance requirements and the Standard Insurance Certificate Attachment# 2 – Hydro One Standard Insurance Certificate Form in Part 5 – Attachments and Hyperlinks has been completed in its entirety and is included in the hard copies of our submission. Attached as Appendix # Choose the Appendix #. to our submission. ☐ ☐ OR We currently do not meet the requested insurance requirements. However, if we are the successful Proponent, we will obtain and meet the required insurance requirements, at no additional cost to the Purchaser, and submit the Standard Insurance Certificate Form and any other insurance documentation requested by the Purchaser within 48 hours after the Purchaser’s notification or request. ☐ ☐ WSIB 4.16.5 Place an “X” mark in either the “Yes” or “No” column in one of the rows below. Failure to meet this requirement may result in disqualification. Yes No Submit evidence that your company is in good standing with the Workplace Safety Insurance Board by (a) including the Clearance Certificate Number and Validity Period as well as a copy of the Clearance Certificate. For the purposes of obtaining a Clearance Certificate through the WSIB online, the “Principal Account Number” is 9425551 for Hydro One Networks, Inc. (Complete the information in the appropriate spaces below.) CLEARANCE CERTIFICATE # Click here to enter your answer Validity Period: FROM: Click here to enter a date. Choose the Appendix #. to our submission. Proponent’s most Recent WSIB Experience Rating Sheet (CAD-7/NEER/MAP): Click here to enter your answer Proponents are required to meet or exceed the current Hydro One requirements for WSIB Rating (one of the following): • MAP maximum of 10% surcharge on WSIB premiums • NEER: < 1.5 (rebate or surcharge status) • CAD-7: -0.0 or higher (rebate or surcharge status) ☐ ☐ OR - If Proponent is unable to provide information above, please complete one of the following: We currently do not have WSIB Clearance Certificate, and; Yes No Employer by Application We are considered “By Application” by the WSIB. If requested by the Purchaser, we agree to provide (b) a letter from the WSIB indicating that there is an opportunity to obtain optional coverage under an existing rate group. We will opt for the insurance from WSIB and obtain the required WSIB Clearance Certificate irrespective of any available exemptions from the same, at no additional cost to the Purchaser, and submit a copy of the WSIB Clearance Certificate and any other documentation requested by the Purchaser within a reasonable time period upon Purchaser’s request. ☐ ☐ OR ☐ ☐ Non-Compulsory We are considered Exempt by the WSIB (Schedule II). (c) provide a letter from the WSIB indicating that there is no opportunity to obtain optional coverage under our existing rate group. Proponent Note: WSIB indicates there is no fee imposed on contractors for the Independent Operator or “Decision WNIDCL_PR_018(H1) Attachment A 31 of 40 Letter” process. 4.17 Confidentiality Agreement Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No Agreement in Part 5 – Attachments and Hyperlinks and agree to sign it upon request, prior to award of a contract. Failure to explicitly express any exceptions below to the proposed Confidentiality in this section will be deemed as willingness to sign it. Agreed: If No, please provide details below: Click here to enter your answer. Note: You do not need to sign the Confidentiality Agreement at this time. If you are the winning Proponent, you will be requested to sign it prior to award of a contract. ☐ ☐ 4.18 Duration / Contract Term/Delivery Schedule 4.19 Master Delivery / Critical Path Schedule Our completion date (as outlined in above). After Receipt of Order (ARO), is based on the following master delivery/critical path schedule: Proponent shall attach here the proposed project schedule that includes work associated with supply, Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No completion of the project (approximately May 2, 2017)unless otherwise terminated by the Purchaser). The successful Proponent shall complete the work within the timelines dictated by the Purchaser. The Purchaser reserves the right to extend the contract term. We can meet the required schedule/ Substantial Performance of the Work date date as outlined in this Request for Proposal. If answered NO to the above schedule question, we offer the following Substantial Performance of the Work date: Date: Click here to enter a date. The total estimated hours/days/weeks (whichever is applicable) to perform the Work, after receipt of order, are as follows: Click here to enter your answer. Hours; or Click here to enter your answer. Days; or Click here to enter your answer. Weeks ☐ ☐ WNIDCL_PR_018(H1) Attachment A 32 of 40 delivery, site mobilization, construction, installation, site testing and acceptance. Schedule should incorporate all major milestones (milestones listed below are mandatory) and schedule critical path: Project Schedule shall be prepared using commercial software, such as Primavera, MS Project or similar. Attached as Appendix # Choose the Appendix #. to our submission. 4.20 Labour Estimated Man Hours It is a Hydro One internal labour union related requirement to disclose the number of man hours expected to be performed during the execution of any construction project. Therefore, Proponents are required to fill in table below with the estimated number for each category of labour. This is for information only and will not be used for any pricing / adjustment etc. Category Estimated Number of Hours Click here to enter your answer. Click here to enter your answer. - Electricians - Sheet Metal Workers - Pipefitters/ Plumbers - Labourers - Cement Masons - Roofers - Painters - - Carpenters - Teamsters - Rodmen - Operating Engineers - Bricklayers - Tile & Terrazzo Workers - Plasters Click here to enter your answer. 4.21 Additional Information Submit any additional information that supports the required competencies and capabilities as identified in the evaluation criteria outlined in Part 1 – Overview and throughout the RFP, but please keep proposed documentation to a minimum. Excessive marketing material is not required. Answer below: Click here to enter your answer. 4.22 Sample Documents/Miscellaneous Information This section is for the inclusion or attachment of any sample documentation or miscellaneous information not requested for or requested for in these documents but which is not furnished elsewhere that the Proponent may wish to provide in support of their response. Answer below: Click here to enter your answer. Proponent Note: If including any attachments please include the Appendix numbers 4.23 Aboriginal Participation – Certification / Acknowledgement Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No WNIDCL_PR_018(H1) Attachment A 33 of 40 Place an “X” mark in either the “Yes” or “No” column in each of the rows below. Yes No preference given for Aboriginal Participation. A formal certification is required as part of the bid documents that certify the bidder will honour any Aboriginal content declarations, and are prepared to comply with any auditing provisions related to Aboriginal Participation. Prime contractors will have to secure certification from subcontractors where applicable. We have filled out, signed and included the Aboriginal Business Declaration Form, Attachment # 13 Aboriginal Business Declaration Form in Part 5 - Attachments and Hyperlinks. Attached as Appendix # Choose the Appendix #. to our submission. ☐ ☐ If proponents would like to increase their Aboriginal Participation, the following directories provide more information on Aboriginal businesses; • Canada Aboriginal Business Directory: http://www.ic.gc.ca/app/ccc/sld/cmpny.do?tag=248&profileId=381&lang=eng • Ontario Aboriginal Business Directory: http://www.aboriginalbusinessdirectory.aboriginalaffairs.gov.on.ca/abdWeb/ • Hydro One Aboriginal Business Directory: http://www.hydroone.com/DoingBusiness/Pages/FirstNationsDirectory.aspx Please note that these links are provided for information only and Hydro One has not in any way reviewed or shortlisted the named businesses. The above links can be found and accessed in Part 5 - Attachments and Hyperlinks. 4.24 Conflict of Interest and Unfair Advantage Conflict of Interest and Unfair Advantage shall have the meaning ascribed on them in the Definitions Section 1.2 of this RFP. The Proponent, by submitting the Proposal, warrants that to the best of its knowledge, information and belief no actual or potential Conflict of Interest or Unfair Advantage exists with respect to the submission of the Proposal or performance of the contemplated contract other than those, if any, disclosed below. Where the Purchaser discovers a Proponent’s failure to disclose all actual or potential Conflicts of Interest or Unfair Advantage, the Purchaser may disqualify the Proponent or terminate for cause any contract awarded to that Proponent pursuant to this RFP process. In the event that the spaces below are left blank, the Proponent shall be deemed to declare that to the best of its knowledge, information, and belief (a) it has had no Unfair Advantage in preparing its Proposal and (b) there is no foreseeable actual or potential Conflict of Interest in performing the contractual obligations contemplated in the RFP. X The Proponent declares that to the best of its knowledge, information, and belief there is an actual or potential Unfair Advantage relating to the preparation of its Proposal. ☐ The Proponent declares that to the best of its knowledge, information, and belief there is an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the RFP. ☐ In the event the Proponent declares an actual or potential Unfair Advantage and/or an actual or potential Conflict of Interest (by marking an “X” in either of the boxes above), the Proponent shall provide all relevant detailed information below: Click here to enter your answer. The Proponent agrees to provide any additional information which may be requested by the Purchaser, in the form prescribed by the Purchaser. When, in its sole discretion, the Purchaser concludes that an Unfair Advantage and/or Conflict of Interest arises, it may, in addition to any other remedy available to it at law or in equity, disqualify the Proponent’s Proposal, or terminate for WNIDCL_PR_018(H1) Attachment A 34 of 40 cause any contract awarded to the Proponent pursuant to this RFP. 4.25 Proponent Signature The undersigned hereby warrants and represents the following: • The information provided pursuant to this RFP document is complete and accurate in all respects; • All RFP documents including any Addenda have been thoroughly reviewed; • The Proponent has the current capability to provide the proposed services; The undersigned has received the following addenda as listed below (if no addenda are issued by Hydro One leave blank). Addendum No. Dated No. Choose addendum # Click here to enter a date. No. Choose addendum # Click here to enter a date. No. Choose addendum # Click here to enter a date. No. Choose addendum # Click here to enter a date. No. Choose addendum # Click here to enter a date. No. Choose addendum # Click here to enter a date. No. Choose addendum # Click here to enter a date. As detailed in Part 1 – Overview, the onus is on each Proponent to ensure its Proposal is received at the location stipulated for receipt of Proposals and before the date and time fixed for receipt of Proposals by the Purchaser regardless of the method of delivery chosen by the Proponents. Late Proposals will not be considered and will be returned unopened. If there is more than one legal entity constitutes the Bidder, then an authorized representative of each legal entity shall be required to sign below indicating they have the legal capacity to submit this Tender and if awarded a contract, to be jointly and severally liable for the performance of the services and all the covenants contained in Part 2 Terms and Conditions. State Bidder’s legal name below along with your signature. Legal Name of party that is Bidder SIGNATURE “I Have Authority to Bind the Bidder” NAME Click here to enter your answer. TITLE Click here to enter your answer. DATE Click here to enter a date. Note: If there is more than one legal entity constituting the Bidder, then an authorized representative of each legal entity shall be required to sign below, as appropriate: Legal Name of party that is Bidder WNIDCL_PR_018(H1) Attachment A 35 of 40 SIGNATURE “I Have Authority to Bind the Bidder” NAME Click here to enter your answer. TITLE Click here to enter your answer. DATE Click here to enter a date. Legal Name of party that is Bidder SIGNATURE “I Have Authority to Bind the Bidder” NAME Click here to enter your answer. TITLE Click here to enter your answer. DATE Click here to enter a date. Proponent Note: At least one copy of your Proposal MUST include ORIGINAL (ink) signature(s). See Part 1 –Overview for number of paper and electronic copies required. No pricing information shall be included in this Part 4 - Form of Submission. Pricing shall be provided by including the completed Pricing Matrix, per Part 5 – Attachments and Hyperlinks as an Appendix to your submission in a separate sealed envelope as detailed in Part 1 –Overview. WNIDCL_PR_018(H1) Attachment A 36 of 40 PART 5: ATTACHMENTS AND HYPERLINKS Attachments Instructions for Proponents All attachments below that require the Proponent to complete information must be completed, printed and included in / attached to the Proposal. All completed attachments are to be referenced within the appropriate section in the completed Part 4 - Form of Submission, with the corresponding Appendix # to your Proposal. All completed attachments are to include the Proponent’s Appendix #. Exception: The completed Pricing Matrix is required to be inserted in a separate sealed envelope along with separate electronic copies including only the completed Pricing Matrix as per Part 1 - Overview. No pricing information is to be included in the completed paper/hard copies of the completed Form of Submission or the If you are receiving these “Attachments and Hyperlinks” electronically, then please double click on the icons below to open them. 5.1 Attachments List of Attachments The following documents are referenced attachments to the RFP and should be treated as part of the RFP documentation: Attachment #1 Hydro One Code of Business Conduct Attachment #2 Hydro One Standard Insurance Certificate Form Proponent Note: Complete and attach to your Proposal. Attachment #3 Engineering, Procurement and Construction Agreement Attachment #4 BID System User Guide Proponent Note: Proposals are not accepted through the BID System – See Part 1 – Overview Attachment #5 Intention to Attend Mandatory Site Meeting Form Proponent Note: Complete and return before the date indicated in Section 1.4. Attachment #6 Contractor Health, Safety & Environmental Questionnaire Proponent Note: Complete and attach to your Proposal. Attachment #7 Equipment Safety Certification Form Proponent Note: Form is not required with your Proposal. Attachment #8 Proponent Note: Complete and attach to your Proposal. At your discretion, may be included Attachment #9 Previously Executed Confidentiality Agreement Proponent Note: Sign at Time of Submission Attachment #10 Proponent Note: Must be completed and included in a separate sealed envelope as per Attachment #11 Labour Requirements Form 1 Proponent Note: Acknowledgement of Labour Requirements Form which forms part of this attachment must be completed, executed and included with your Proposal. WNIDCL_PR_018(H1) Attachment A 37 of 40 Attachment #12 Intention to Submit Proposal Form Proponent Note: Complete and return before the date indicated in Section 1.4. Attachment #13 Aboriginal Business Declaration Form Proponent Note: Complete and attach to your Proposal. Attachment #14 Proposal Return Label Proponent Note: Affix this label to your submission package envelope. Attachment #15 Authorization of Electronic Funds Transfer (EFT) Proponent Note: Form is not required with your Proposal. Attachment #16 Sample of HST Registration Confirmation Proponent Note: Form is not required with your Proposal. For information purposes only. Attachment # 17 Specifications and Drawings Attachment # 18 Requirements for Contractor Project Specific Health & Safety Plans Attachment # 19 Requirement for Contractors Project Specific Quality Plans Proponent Note: Complete and return before the date indicated in Section 1.4. www.HydroOne.com WNIDCL_PR_018(H1) Attachment A 38 of 40 Attachments – 1 - [19] #1 #2 #3 #4 Hydro One Code of Business Conduct Hydro One Standard Insurance Certificate Form Engineering, Procurement and BID System User Guide * See Hyperlink Below EPC Insurance Certificate Form.docx EPC Contract Binder Nov 06.doc Hydro One BID System - Supplier Help Hydro One - BID System SRM 7 - What #5 #6 #7 #8 Intention to Attend Mandatory Site Meeting & Environmental Equipment Safety Certificate Form Financial Requirements Intention to Attend Mandatory Site Meetin Contractor Health, Safety & Environment Equipment Safety Certification.docx Business Profile and Financial Requirement #9 #10 #11 #12 Previously Executed Confidentiality Agreement Pricing Matrix Labour Requirements Form 1 Intention to Submit Proposal Form Confidentiality Agreement.docx CentraliaTSGISBuildingPriceSchedule_2016 Labour Pkg for RFP.zip Intent to Submit Form.docx #13 #14 #15 #16 Aboriginal Business Declaration Form Proposal Return Label Authorization of Electronic Funds Transfer Sample of HST Registration Confirmation Aboriginal Business Declaration Form.doc Proposal Return Label.docx EFT Authorization Form.docx Sample of HST Registration Confirma #17 Specification & Drawings Requirements for Contractor Project Specific Requirements for Contractors Project HONIRequirementsforContractorPSHSPRev HONIRequirementsforContractorPSQP_Rev WNIDCL_PR_018(H1) Attachment A 39 of 40 5.2 Hyperlinks * A current copy of the Hydro One corporate Code of Business Conduct may be reviewed by downloading the electronic document by following the appropriate link at the following hyperlink: http://www.hydroone.com/CodeofConduct As referenced in Part 3 – Terms of Reference, here you will find Information about Hydro One Inc. and its subsidiaries at: http://www.hydroone.com/OurCompany/Pages/QuickFacts.aspx As referenced in Part 1 – Overview: Notification of awards can be viewed by following the appropriate links to Tenders and Proposals – Awards at www.HydroOne.com As referenced in Part 4 – Form of Submission, further information on the NEXUS program is available at: http://www.cbsa-asfc.gc.ca/prog/nexus/menu-eng.html As referenced in Part 4 – Form of Submission you will find the Treasurer of Canada Website at: http://www.tbs-sct.gc.ca/tbsf-fsct/330-60-eng.asp As referenced in Part 4 - Form of Submission, if you are already enrolled on the Taulia Supplier Portal as a supplier your invoices will be submitted via the Taulia Supplier Portal at http://portal.taulia.com. If you are not currently enrolled on the Taulia Supplier Portal you can obtain information about the program at: http://supplier.taulia.com/customers/hydroone/ As referenced in Part 4 - Form of Submission, further information on Aboriginal Businesses is available at; Canada Aboriginal Business Directory: http://www.ic.gc.ca/app/ccc/sld/cmpny.do?tag=248&profileId=381&lang=eng Ontario Aboriginal Business Directory: http://www.aboriginalbusinessdirectory.aboriginalaffairs.gov.on.ca/abdWeb/ Hydro One Aboriginal Business Directory: http://www.hydroone.com/DoingBusiness/Pages/FirstNationsDirectory.aspx WNIDCL_PR_018(H1) Attachment A 40 of 40