The Contractor Performance Evaluation (CPE) is a standardized internal tool to be used to encourage contractors to improve their performance and will be used consistently across all City of Toronto divisions to assess performance and when considering a contractor’s eligibility for future awards.

The purpose of the Contractor Performance Evaluation (CPE) Form is to provide an evaluative record, both positive and negative, of a general contractor’s performance on any given construction project that has been awarded to a general contractor by the City of Toronto. (Hereafter a general contractor will be referred to as a “contractor”. i.e. Where cited below “contractor” means “general contractor”)

The CPE is a standardized internal tool to be used to encourage contractors to improve their performance and will be used consistently across all City of Toronto divisions to assess performance and when considering a contractor’s eligibility for future awards.

CPE evaluations are conducted by City Project Management staff with oversight from Senior Division Management and the Purchasing & Materials Management Division (PMMD).

Effective October 1, 2013 all Tender call documents contain a copy of the Contractor Performance Evaluation (CPE) Form. Please refer to Section 7, Titled “City Policies” of the Tender call document. The CPE Form may also be found above.

The frequency of CPEs that a contractor can expect depends on the complexity and duration of the project, and will be based on the following suggested guideline:

Project Duration Frequency of CPEs
up to 1 month The option to conduct a final CPE
1 – 3 months A final CPE at the end of the project with the option to conduct one interim CPE
3 – 6   months A final CPE at the end of the project with the option to conduct one to two interim CPEs
6 – 12   months A final CPE at the end of the project with the option to conduct one to three interim CPEs
Over 12 months A final CPE at the end of the project; one mandatory interim CPE per year, with the option to conduct up to three interim CPEs per year

The expected frequency will be communicated to the contractor at the pre-construction meeting. Only the determined number of CPE reports will be issued to the contractor for CPE evaluation purposes.

 

Using the CPE, the contractor will be evaluated on how it performs the work in the following five major categories, with several criterion in each category. (Please refer to the CPE Form for a listing of criterion.) An appropriate measure of weight has been allocated to each criterion and will be used in the evaluation process to calculate the score.

Category Weight
(A) Safety: Compliance with Laws & Standards 25%
(B) Quality: Compliance with Contract Standards & Specifications 25%
(C) Organization: Work Plan and Management 12.5%
(D) Execution: Work Performance 25%
(E) Administration: Contractor Performance and Diligence 12.5%

 

The contractor is rated on each criterion with one of:

Rating CPE Definition of Rating
EX (Exceptional Performance) Far exceeded expectations due to exceptionally high quality of performance and work in all areas of responsibility adding value to the project.
EE (Exceeds Expectations) Consistently exceeded expectations in all essential areas of responsibility and overall quality of performance and work excellent.
ME (Meets Expectations) Consistently met expectations in all essential areas of responsibility with few if any issues.
I (Improvement Needed) Performance failed to meet expectations in one or more essential areas of responsibility. Usually required some additional staff time and resources.
U (Unsatisfactory) Consistently below expectations in most essential areas of responsibility.  Usually required much additional staff time and resources.

Meeting or exceeding the expectations of the Contract will result in a score of 3.0 or more.

The score generated by an approved CPE form results in the following:

Score Action
Any score below 2.5 Warning letter to contractor indicating risk of suspension
Any ONE of:

  • a final score of 2 or less
  • two interim/final scores below 2.5 within 5 years
  • two interim/final criterion checks of “I” or “U” within 5 years for A.1 “Did the contractor comply with OHSA requirements?”
  • One final criterion check of “U” for A.1: “Did the contractor comply with OHSA requirements?”
May initiate report to Council recommending suspension for a minimum of one year.

 

In the event that the Contractor does not agree with the CPE score they must submit objections in writing with supporting evidence within five (5) business days following receipt of the report to the attention of:

  1. the Division Manager for Interim CPEs.
  2. the Division Director for Final CPEs.

Based on the information provided it shall be at the City’s sole discretion whether the score shall be amended and a replacement completed CPE form issued.

In the event a staff report is submitted to Council recommending suspension the Chief Purchasing Officer (CPO) shall inform the contractor of their right to make a deputation before the Standing Committee dealing with the suspension and shall advise the contractor to contact the Clerk’s Office for further information on the deputation process. Upon hearing the deputation and considering the staff report, the standing committee shall make a recommendation to Council with respect to the suspension.

Other than contracts/subcontracts that the contractor is already performing work under at the time of suspension, the contractor is not eligible to bid on City construction contracts and may not perform work as a subcontractor for the duration of the suspension. The suspension of the contractor also applies to:

  1. any legal entity that is affiliated with the contractor within the meaning of the Business Corporations Act;
  2. any related person of the contractor within the meaning of the Business Corporations Act; and
  3. other legal entities having the same operating mind as the contractor, as determined in consultation with Legal Services.

After the suspension period, the contractor may bid on City construction contracts and/or work as a subcontractor.