Product approvals for transportation projects

The Niagara Region has approved the use of the product and equipment listed on the Approved Materials and Equipment Listing on its Transportation projects.

The intent is to ensure that equipment that is specified in future contracts is appropriate in nature, represents best value and whenever possible, is similar to the equipment that is already incorporated on Regional roadways. This reduces the number of products the Region must keep on hand in order to maintain its assets working efficiently as well as be able to respond effectively to emergency repairs.

At the same time, it reduces the number of different equipment types that the maintenance staff must be familiar with in order to be able to provide affective repair and maintenance services.

Consultants shall therefore specify such equipment, where applicable, the design and contract specifications unless these have been changed at the pre-design or detailed design phase of the project.

The Product Review Committee's stated purpose is to review and approve new equipment and materials for design purposes, equipment replacement and new equipment installations on Regional transportation projects including, but not limited to, road reconstructions, rehabilitations, signal works, illumination works or intersection improvements.

To provide timely responses to requests for product review, the Chairperson will convene quarterly meetings to review any new submissions. Meetings to hear presentations, suppliers and equipment manufacturers and product reviews will be scheduled on a minimum quarterly basis, or more frequently as deemed necessary by the Product Review Committee Chairperson.

The structure of the committee allow input from Engineering, Operations and Maintenance and Systems and Planning. The Product Review Committee consists of eight members from Regional Niagara staff as follows:

• Three engineering
• Three operations
• Two systems and planning

Initially, the committee may utilize subcommittees, each responsible for specific categories of products. These categories may include but are not limited to, are:

• Signals
• Illumination
• Construction general
• Construction sub-surface
• Structures
• Systems communication

Each subcommittee will meet at the direction of the Product Review Committee (frequently ultimately depends upon the quantity of products to be reviewed) in order to ensure timely consideration of submitted products for evaluation.

Each subcommittee will review the product and submit a report to the Product Review Committee its recommendations.

The Product Review Committee will accept this report and render its decision within 30 days. A majority vote by the committee is required to accept any new product.

Other interested Regional staff that are not sitting on these committees, may become involved in the Product Review Process specific products of interest to them.

New equipment and/or new material is any product, which has not been included in the Approved Materials and Equipment Listing. No new product shall be included on the Approved Materials and Equipment Listing without review and written approval by the Product Review Committee.

The Approved Materials and Equipment Listing applies to replacement and installation of equipment, as performed by, Operations and Maintenance, and Construction Projects, under the capital project program on all Regional roadways.

During emergency repairs required to restore services, products and materials not included on the Approved Materials and Equipment Listing may be used.

To initiate a product review, complete and submit a Request for Consideration form. This must be done by materials or equipment suppliers or manufacturers. Please submit one form per request. All Request for Consideration, inquiries or questions should be addressed to the Chairperson.

The Product Review Committee will review only one application for a specific product, regardless of applicant, once within a one year time frame.

The Request for Consideration must be accompanied by an information package before the product can be brought to the Product Review Committee for consideration. The Request for Consideration must consist of three complete hard copies (more may be requested), a digital copy (PDF format as a single bookmarked file) containing the following information:

• Supplier/manufacturer's company name and address
• Applicant contact name and contact information
• Product name
• Designed or intended use for the product
• Manufacturer's brochure that provides a component-level understanding of the product
• Product standards and specifications
• Material safety data sheet, if applicable
• Listing of applicable standards and the products status with regard to approval with reference numbers (AWWA, ASTM, ANSI, NFPA, NSF and others)
• Test results showing compliance with applicable standards, including independent laboratory test results, if requested
• Information on installation, use and product specifications
• A brief history of the product manufacturer (i.e. length of time in business, market and quality objectives, etc.)
• A brief history of the product(s), (i.e. length of time in production, modifications, compatibility with other similar products, how long the manufacturer expects to continue product(s) production)
• Maintenance requirements, special equipment and procedures, recommended maintenance schedules, availability of service and training required
• A statement on the availability of the product(s) and replacement parts (i.e. supplier names and locations, size of inventory, maximum delivery time, etc.)
• Cost to supply and maintain product, if available
• Product references (municipal or public users) shall include users' name, address and telephone number, product application and number of years in use, and name and telephone number of a contact person having knowledge of the particular usage
• Explanation of how the product benefits the Division in terms of prolonged service life, reduced maintenance, reduced life-cycle cost and other relevant aspects
• Indicate if there are any special conditions (such as pipe size) for optional performance of the product. Specify conditions or requirements for optimal performance. Where appropriate, include the engineering data required for proper application of the product. Indicate relevant safety factors, and pressure, temperature or environmental limits
• Provide information related to patients, licenses, user fees and/or franchises held on the product
• Provide any other related information

Although not required, application submittal may include other data to assist the Product Review Committee in evaluating the product. This information could include brochures, videos, product samples and/or photographs. The Product Review Committee cannot be responsible for return of these materials. One copy of video and product samples is sufficient for committee review.

The applicant's Request for Consideration will be placed in queue and presented to the Product Review Committee at the earliest convenient date. The Product Review Committee's workload and the number of requests received will dictate the timeline for resolution. After a general review of applications, one of three decisions will be reach:

1. The product is not warranted for further consideration as per Section: Not Warranted
2. The product warrants further consideration
3. The product is granted approval as per Section: Warranted

Not Warranted

The Product Review Committee may deem the product not warranted for further consideration based on the following:

• The product is not within the jurisdiction of the Product Review Committee
• The Product Review Committee fails to find a value in the product
• The product does not meet Niagara Region specifications
• The number of similar products currently listed on the list is sufficient and additional products are not needed
• Other considerations dictate that the product not be approved

The proceedings will cease and the applicant will be notified specifying the reason for refusal. If the product is not warranted, the applicant, or any other person, must wait one year from the date of decision before re-submission. The one-year waiting period is to ensure that the manufacturer adequately reviews and assesses their product for significant changes to warrant re-submission.

The Chairperson may reject from evaluation, those products with no apparent or significant application for use by the Division, or products, which are deemed not to be far enough along in the development process to be effectively evaluated.

Moratorium

Products of Equipment that are not approved may be reconsidered, if the applicant can supply additional information that may influence the stated basis for the Product Review Committee's decision. However, the Product Review Committee reserves the right to not approve any product or equipment deemed to be incompatible with our current methods and materials and to limit the number of approved manufacturers or models of any particular types of product. Ultimately, the best interests of Niagara will be paramount in its decision.

The applicant, or any other person, must wait for one year from the date of rejection before re-application. The one-year waiting period is to ensure the manufacturer adequately reviews and assesses their product for significant changes to warrant re-submission.

If the product is removed from the Approved Materials and Equipment Listing, the manufacturer and supplier must wait for two years from the date of removal before re-submission. The application for re-submission must include a written statement outlining improvements/changes made to the product and/or its supply.

Warranted

The Product Review Committee will further investigate the product as described in the in-depth review procedure.

For products considered "warranted" under Section: Warranted, an in-depth review will be conducted. The Product Review Committee Chairperson will notify the applicant of its requirements within 60 days after the receipt of the request.

The investigation may consist of any of the following:

• Presentation before Committee
• Reference checks
• Samples (as appropriate)
• In-office or site demonstration
• In-field application performed by municipal staff (duration to be determined)
• Site visit to previous installations or manufacturing facilities
• Laboratory testing
• Pilot Study
• Other tests or demonstrations deemed necessary by the Committee
• Other information requirements as determined

Lunch and Learn, or other presentations, are considered external to the product review process. Suppliers and/or manufacturers of new products must follow the review process as defined in the Terms of Reference.

Presentations

Following review of the submittals, the Product Review Committee may request a presentation by the representative at a regularly scheduled Product Review Committee meeting to demonstrate the product or provide additional information. In addition, submitters may request time for a formal presentation to the Committee. This would be especially beneficial for products or procedures that are unique or are significantly different from those currently approved or used. Such requests should be made through the Product Review Committee Chairperson. Formal presentations, included questions, are limited to no more than one hour.

Representatives at the meeting should be in a position to offer any type of background on product use and locations, design and reference checks. These representatives should also have the authority to approve a trial run in the Niagara Region. When additional information is desired by the Product Review Committee, it may request additional information from the sales representative, or that they work with members of the Product Review Committee or their appointees to develop and in-depth study.

Product demonstration

The need for product demonstration or sample may be determined by sales representatives to better promote their product, or may be at the request of the Product Review Committee to gain a better understanding of the product. All costs associated with the supply and delivery of the product for demonstrations purposes will be incurred by the supplier.

Field testing

Some products may require a test period to evaluate the field performance of the product. Their requirement for test installations will generally be requested by the Product Review Committee during their review. The duration of the field test will be determined by the Product Review Committee for each individual product. The Chairperson or his designate will serve as study coordinator in the development and presentation of these reports to the Product Review Committee. Procedures for testing or evaluation shall be as agreed upon between the supplier and the Product Review Committee. Results will become a part of the product file and will be made available to the supplier upon request.

All costs associated with the supply of the product shall be borne by the applicant. Associated costs required to complete the Field Test / Pilot review will be based upon a mutually agreed upon Cost Sharing Arrangement, depending on the complexity of the product installation. Costs for the Field Test / Pilot review may include but are not limited to installation costs, the costs to remove or expose the product (in some cases), laboratory testing, bench testing and any other costs that may be deemed necessary by the Product Review Committee to fully monitor and evaluate the product. If Niagara Region, after completing adequate field tests approves the product, the Region may reimburse the supplier for the cost of the product only. No compensation will be provided for a product that is not approved, and any costs required for the removal (possible restoration) of the rejected product shall be borne by the applicant.

Pilot studies

The Product Review Committee determines that a long-term field test is required to adequately assess the product, a pilot study may be requested. The applicant may arrange for other municipalities to participate in the pilot study. The pilot study must be fully documented to the satisfaction of the Product Review Committee and the participating municipality.

The trial test site location(s) will be recommended by the applicant for consideration by the Product Review Committee and the participating municipality. More than one test site location may be selected for trial. Operations staff from the municipality where the product is being tested must be present during the installation process. The performance of the product is to be evaluated at the end of probationary period. The probationary period shall be a minimum duration determined by the Product Review Committee. At any time, the Product Review Committee reserves the right to extend this probationary period, as deemed necessary.

Procedures for testing for evaluation and cost sharing shall be as agreed upon between the supplier and the Product Review Committee. Results will become a part of the product file and will be made available to the supplier upon request.

Acceptance of the new product or equipment for addition into the Approved Materials and Equipment Listing will be guided based on performance, maintenance requirements, life cycle costs, availability of spare parts and response of vendor to the Region, as well as achieving successful field trial(s). In a similar manner, existing products or equipment may be de-listed based on the established criteria.

Following the Product Review Committee review, and provided no further information is required, a letter outlining the Product Review Committee's decision will be sent to the applicant and other interested parties. The letter will also outline the reasons for that decision. This is the final step in the Product Review Process. The decision rendered will be one of the following:

• The product/equipment is approved for general use

The product/equipment is approved for general use and will become part of the Approved Materials and Equipment Listing when the subsequent issue of list is released. The applicant may seek "approved equivalent" status, to gain permission to use a product for a particular project prior to the issuance of the notification letter from the Product Review Committee may be used as support for "approval equivalent".

• The product/equipment is conditionally approved

Committee may choose to allow the use of a product, but with certain restrictions. The use of a product/equipment may be limited to pre-approved applications. If conditions or restrictions are imposed, the reasoning will be provided. The product may, or may not, be listed on Approved Materials and Equipment Listing.

• The product/equipment is not approved

The product/equipment may not be used in the Division's systems. Notification will be sent to the applicant indicated that the product/equipment is not approved. Reasons will be provided.

The approval for a product or equipment is limited to the stated model(s) conditions or standards/specifications at the date of approval. Any modifications require additional review and approval. Products previously granted approval will not be required to be re-reviewed by the Product Review Committee for minor changes that do not impact the functionality of the product, unless it is determined that the changes may affect how the product performs for its intended use.

Once products have been approved, a letter will be sent to the product representative and other interested parties. A copy of this letter will also be circulated to appropriate Regional staff.

The review process will be documented and kept on file by the Product Review Committee.

Products in use by the Region are subject to ongoing consideration and evaluation by the Product Review Committee. Input from Regional staff and other concerned outside agencies is encouraged to identify problems encountered with products on the list. When changes, deletions or additions become necessary and are approved, the Approved Materials and Equipment Listing will be revised. It is the responsibility of the holders of the Approved Materials and Equipment Listing to ensure they are referring to the most recent amendments.

A copy of the Approved Materials and Equipment Listing will be posted on the Niagara Region's website.

Once a product has been granted approval by the Product Review Committee, the product may be named in Tender or Quotation Specifications. In case of any inconsistency, conflict, or differences by design decisions between the products named in the Approved Materials and Equipment Listing and the Tender or Quotation Specifications, the Tender or Quotation Specifications shall govern.

Inclusion of a product into the Approved Materials and Equipment Listing does not constitute mandatory use of the product.

The Approved Materials and Equipment Listing and the Product Review Committee Terms of Reference are living documents and will be updated as required.

Existing equipment may be de-listed as deemed necessary, by the Product Review Committee.

Product may be removed from the Approved Materials and Equipment Listing for any of the following reasons:

• The Division changes specifications or standards that preclude the use of any particular product
• Vendors fail to satisfactory respond to inquiries or service requests
• Non-use of a product for a period of two year or more may result in the removal from the list
• Products will be removed from the list when they are deemed obsolete by the Product Review Committee, are no longer manufactured, or are requested to be removed by the vendor
• The product is found to be defective
• Repeated or likely installation errors
• Performance problems
• No satisfactory action has been taken by the manufacturer to correct a defect or associated problems with a product
• Parts of service has become difficult to obtain or is cost prohibitive
• If the product no longer meets the relevant standards. For example, the current Ontario Provincial Standard Drawing, or current Ontario Provincial Standard Specifications; American Water Works Association Standards and amendments, Canadian Standards Association, American Society for Testing and Materials, National Sanitation Foundation; other applicable standards.
• Local municipal or Regional by-laws
• Health or safety issues
• Regulatory non-compliance
• Process reliability

Any interested parties may notify the Product Review Committee of issues regarding the products use in the field. Negative feedback shall be submitted to performance of new and existing the Product Review Committee for review. Should it become necessary to consider a removal of a product from the Approved Materials and Equipment Listing, the procedure shall be as follows:

• The review process will be initiated when a member of the Product Review Committee tables a motion for a product removal consideration
• The Chairperson will notify the manufacturer or the supplier that consideration is being given to remove the product from the Approved Materials and Equipment Listing. The product manufacturer and/or its supplier representative will be given an opportunity to appear before the Committee
• Upon the completion of the Committee's review, the Chairperson will remove the product (if so decided) from the Approved Materials and Equipment Listing and will notify the interested parties that the use of the product will be discontinued

If the reason is health or safety related, regulatory non-compliance or process upset; removal from the Approved Materials and Equipment Listing may be issued prior to notifying a representative of the manufacturer. A notification will also be circulated to the users of the Approved Materials and Equipment Listing.