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REQUEST FOR PROPOSALS
2017-RFP-06 ARENA FEASIBILITY STUDY CONSULTANT
Issue Date: April 5, 2017
The City is seeking proposals from qualified professionals to conduct a feasibility study to identify possible options for building a new arena facility. Proponents should provide one (1) paper original of a Proposal and an electronic copy on a USB, in an envelope plainly marked "2017-RFP-06 Arena Feasibility Study Consultant” or an electronic copy in PDF format in one (1) complete file. All submissions must be received prior to the Closing Date and Time. Fax submissions will NOT be accepted. RFP Closing Time: 2:00:00 p.m. local time RFP Closing Date: Thursday, April 20, 2017 Delivered to: City of Penticton
616 Okanagan Avenue East Penticton, BC V2A 3K6 Attention: Cathy Ingram, Procurement Manager [email protected]
Enquiries: Cathy Ingram, Procurement and Inventory Services Manager
e-mail [email protected]
Proposals will not be opened in public.
It is the sole responsibility of the proponent to check the City’s website at www.penticton.ca for any updated information and addenda issued before the closing date. www.penticton.ca is the only authorized website to obtain competitive bid documents for the City of Penticton opportunities. The City of Penticton shall not be held responsible for our competitive bid documents that are located on any other website.
TABLE OF CONTENTS 1.0 PROJECT OVERVIEW .................................................................................................................................. 3
2.0 BACKGROUND ............................................................................................................................................. 3
3.0 INTERPRETATION........................................................................................................................................ 5
4.0 PROJECT SCHEDULE .................................................................................................................................. 6
5.0 SCOPE OF SERVICES .................................................................................................................................. 7
6.0 DELIVERABLES ............................................................................................................................................. 7
7.0 CONTENT OF PROPOSAL ......................................................................................................................... 7
8.0 INSTRUCTIONS TO BIDDERS ................................................................................................................... 8
9.0 REQUEST FOR RFP PROCESS .................................................................................................................. 9
10.0 PRE-RFP INFORMATION ........................................................................................................................... 9
11.0 PROPOSAL PREPARATION .................................................................................................................... 12
12.0 ADDITIONAL TERMS ................................................................................................................................ 13
13.0 CONDITIONS .............................................................................................................................................. 14
14.0 CONTRACTOR’S OBLIGATIONS............................................................................................................ 15
15.0 INSURANCE PROTECTION AND DAMAGE ....................................................................................... 15
PROPOSAL SUBMISSION FORM ........................................................................................................................... 19
APPENDIX A – CERTIFICATION DOCUMENT ..................................................................................................... 22
APPENDIX B - CONFLICT OF INTEREST CERTIFICATION ................................................................................ 23
APPENDIX C – REFERENCES ................................................................................................................................ 24
1.0 PROJECT OVERVIEW The City of Penticton is soliciting proposals from qualified firms to conduct a feasibility study to identify possible options for building a new arena facility. The study will include identifying potential locations and evaluating solutions on feasibility of construction, adherence to functional program requirements, site impacts and constraints and overall project lifecycle costs including capital construction and ongoing operation and maintenance requirements. 2.0 BACKGROUND The City of Penticton owns four arena facilities; the South Okanagan Events Centre (SOEC), the Okanagan Hockey Group (OHTC) Training Centre, Memorial Arena and McLaren Arena. The first three of these facilities are located on a common ‘campus’ at 325 Power Street, known as the SOEC site. McLaren arena is the only one of the four facilities that is located ‘off-campus’ at 1350 King Street in Penticton. The facilities are of varying ages and sizes as noted in the table below:
Facility Ice Size Spectator Seating Capacity
Size Age of Facility
SOEC (includes OHTC Facility)
2 NHL Ice surfaces each at 85’ x 200’ Ice sheet in SOEC is expandable to Olympic Ice (100’ x 200’)
4,400 at SOEC 400 at OHTC
229,572 SF 9 years (built in 2008)
Memorial 1 ice surface (80’ x 180’)
2,212 60,000 SF *includes concourse level
66 years (built in 1951) Renovation in 1992 and addition in 2002
McLaren 1 ice surface (80’ x 180’)
200 23,950 SF 45 years (built in 1972)
In 2013, a Facilities Master Plan (FMP) review was conducted for all of Penticton’s key facilities, including the four arenas. The FMP identified that the SOEC and OHTC are both in excellent condition and will require minimal ongoing investment to sustain their operations for the long-term. Memorial Arena, at 66 years old, was identified to be in poor condition with approximately $6-7M capital investment required to keep the building in operation, and up to $13.5M investment to provide functional upgrades to the facility such as modernization of washrooms and dressing rooms, bleacher replacements, lobby upgrades and increasing the ice surface to NHL regulation size. McLaren Arena, at 45 years old, was identified to be in fair to poor condition with approximately $1.5M capital investment required to keep the building in operation over the long-term, not including any functional upgrades to the facility. Given the poor condition of the Memorial and McLaren Arenas, and the significant costs of the required upgrades, the City has to make a difficult decision on whether to replace or upgrade the aging arena facilities. In May 2016, the City engaged GDH Solutions to conduct an arena usage analysis to confirm how well our arena facilities are used and if there is a need to maintain the current supply of ice surfaces.
The Arena Usage Analysis (Refer to Section 5), concluded that the four arena facilities in the City are well used throughout the year and that bookings are consistently increasing. The utilization of our arenas is on average higher than other similar sized communities and more off-peak hours are being booked in Penticton. The arena usage analysis determined that if the Memorial Arena was no longer operational, there would be 80 hours of ice per week during the fall and winter season that would need to be replaced into the other three arenas, which are also heavily booked especially through peak times. This does not consider dry floor bookings that would need to be displaced as Penticton Minor Lacrosse and the Junior Flames and ball hockey currently use Memorial Arena from mid-March to June for their dry floor needs. Preliminary Evaluation of Options A Life Cycle Costing (LCC) analysis and Net Present Value (NPV) comparison conducted by LTA Cost Consultants in July 2016 (Refer to Section 5), compared the order of magnitude costs for keeping and upgrading Memorial, to the cost of replacement. The information presented on the scope of the project and potential locations for a new arena were very high level and many assumptions were made in the analysis:
• A new arena would be located at the SOEC site with two sites assumed for the purposes of the LTA report; a single pad arena adjacent to the OHTC and a single pad arena (with capacity for future expansion) located on the ball diamond behind the PTCC.
• A new arena would likely be in the range of 35,000SF in size, rather than the Memorial arena size which is approximately 60,000SF.
• The functional program for a new or renovated facility is based on a basic arena facility as noted in the cost report. The functional program will be validated in this phase of work.
• Site specific servicing and geotechnical requirements for a replacement facility have not been confirmed as conditions may vary depending on location options. The cost analysis is based on similar size and type of facility only. Environmental and geotechnical analysis will be completed as part of this phase of work, as required.
• The costing analysis assumes that the new facility will be a stand-alone building with its own ice plant. If the facility can be tied into the existing SOEC /OHTC ice plant, it could result in capital savings. The ability to tie into an existing plant needs to be validated.
• There may be other related site impacts that need to be considered with an upgraded or new arena including parking, site circulation and displacement of any existing amenities. The scope and cost of these impacts will need to be considered in this phase of work.
The LTA report concluded that NPV of a new arena (over 40 years) is estimated at $27,000,000 to $28,000,000 versus upgrade estimate of almost $32,000,000. The LTA report did not consider McLaren arena upgrade or replacement as that wasn’t identified as a priority at the time of the report. As a result of the LTA report, in August 2016 Council directed that staff proceed with the next phase of analysis including a more detailed review of the arena upgrade options as well as further analysis on the feasibility of building a new facility. The City has engaged a firm to provide the detailed upgrade analysis for the existing buildings, and with this RFP is currently seeking consultant services to develop options for arena replacement. Current Progress An Arena Task Force (ATF) has been created to review arena options and provide a recommendation to Council. The task force is made up of (8) community members and (6) arena user group representatives, along with staff and two Council members.
Throughout the arena feasibility analysis, the task force will act as the steering committee and represents the needs of the users and the community. The City’s community engagement officer has planned out an extensive community consultation process. Engagement began early this year, with more planned activities to take place throughout the options analysis. A planned schedule of events and engagement updates can be found on http://www.shapeyourcitypenticton.ca/arenataskforce.
Through engagement with user group representatives and the general public, the Arena Task Force has concluded the following priorities for a replacement arena facility:
- Facilities must be multi-use, capable of accommodating ice and dry floor sports in our community. - There is a strong desire to consolidate all arenas on the SOEC site. - Consideration must be given to respecting the historic aspect of Memorial and McLaren arenas in a new
facility. - Parking is deemed to be a considerable challenge for the site and any options must address parking
strategies to meet demand use - Preliminary programming indicates a need for:
o Regulation size ice surface (85’x200’) o Minimum height of 25’ to ensure lacrosse and other sports requiring additional clearances can be
accommodated o 4-6 dressing rooms, 2 officials rooms o Storage space for user equipment o Multi-purpose space for dryland training/warm-up and administration of tournaments and other
events o Capacity for approximately 400 spectator seating o Small concession and skate room o Note: no additional amenities are required such as walking tracks, meeting rooms, etc. as the
SOEC campus has an abundance of multi-use facilities and areas on site
The intent of this study will be to validate the potential for both a new one-pad and two-pad arena (or one-pad with future twinning capacity) at the SOEC site. The study will need to analyze all impacts of a new facility including full project costs, site servicing, parking, offsite traffic improvements, traffic management, site circulation, and displacement or impact of any other site amenities.
3.0 INTERPRETATION 3.1 DEFINITIONS
a. “Best Value” means the value placed upon quality, service, past performance and price. b. “City” means The Corporation of the City of Penticton. c. “City Representative” means the representative or appointee engaged by the City to supervise the
Work. d. “Contract” means an agreement between the City and the Successful Proponent. e. “Contractor” means the Successful Proponent to this RFP who enters into a written Contract with
the City. f. “Council” means the duly elected officials of the City. g. “must,” “mandatory” or “required” means a requirement that must be met in order for a Proposal to
receive consideration.
h. “Premises” shall mean building(s) or part of a building with its appurtenances. i. "Proposal" shall mean the Proponent's submission to the RFP. j. “Proponent” means a party submitting a Proposal to this RFP. k. “RFP” means the “Request for Proposal”. l. “Request for Proposal” includes the documents listed in the index of the Request for Proposal and
any modifications thereof or additions thereto incorporated by addenda before the close of RFP. m. “Services” means any labour, materials, duty and/or efforts to accomplish the purpose of this
project. n. “should” or “desirable” means a requirement having a significant degree of importance to the
objectives of the Request for RFP. o. “Special Conditions” means the special conditions, which are included in the RFP. p. “Specifications” means the specifications which are included in the RFP. q. “Sub-contractor” includes, inter alia, a person, firm or corporation having a contract with the
Successful Proponent for the execution of a part or parts, or furnishing to the Successful Proponent materials and/or equipment called for in the RFP.
r. “Successful Proponent” means the Proponent submitting the most advantageous RFP as
determined by the City of Penticton. s. “Work” means any labour, materials, duty and/or efforts to accomplish the purpose of this project.
4.0 PROJECT SCHEDULE
Following is the anticipated schedule for completing all tasks within this RFP and is subject to change at the sole discretion of the City:
Activity Completion Date Consultant Award April 28 Kick-off Meeting May 3 Submission of Table of Contents May 10 First Draft Report June 16 Final Report to Arena Task Force June 26 Presentation to Council TBC
5.0 SCOPE OF SERVICES
The City is looking for a consultant with experience in multi-use arena facilities, to assess the feasibility of arena options at the SOEC site. The consultant’s scope of services and feasibility report shall include: 1. Review previous reports prepared to date. All reports can be found on Shape your City Penticton, Arena
Task Force: http://www.shapeyourcitypenticton.ca/arenataskforce. In particular, the following reports should be reviewed in detail prior to commencement of the scope of services:
i. Arena Usage Analysis, GDH Solutions, June 2016 ii. Arena Upgrade/Replacement Opinion of Probable Cost, LTA Consultants Inc., July 2016
iii. Parking Analysis South Okanagan Event Center, Urban Systems, December 2015 iv. Gateway Casino Traffic Impact Assessment, Urban Systems, May 2016 v. Buried Utility Assessment – Special Project, AECOM, November 2015
vi. SOEC site service map 2. Consult with the Arena Task Force (ATF) to validate the functional space program requirements and
prepare a recommended space program. 3. Prepare of a statement of arena design trends including; size of floor surface, accessibility, safety,
sustainability, technical standards (i.e. dasherboards, glass, ice, elevation), sound and acoustics, building systems (i.e. Pre-eng, engineered steel, tilt-up, wood frame, etc.), refrigeration systems, support spaces and ability to accommodate multi-use including ice and dry floor sports and events. Include examples of successful arena projects in comparable communities.
4. Prepare up to (3) planning options for the arena facility on the SOEC site, including site orientation, building configuration, site opportunities, ability for expansion, physical limitations and constraints.
5. Identify site servicing requirements. 6. Identify site impacts and requirements such as parking, vehicle and pedestrian circulation, traffic impacts,
site access and egress. Liaison with MOTI will be required for the traffic impact study. 7. Identify impacts or opportunities to existing site amenities. 8. Prepare a phasing strategy (as required) to accommodate building options. 9. Prepare Conceptual project estimate and Life cycle costing analysis for each building option. 10. Assist with public consultation requirements including; surveys and other communication methods with
the community and ATF to determine needs, preferences and emerging issues, informal displays/open house and presentation to ATF and Council (as required).
11. Prepare a feasibility report to compare the options complete with recommendations. 12. Present the Draft Report to City staff and the ATF, incorporate comments and feedback into the final report. 13. Prepare a PowerPoint presentation and present final report to Council.
6.0 DELIVERABLES
The Successful Proponent will provide the following to the City: a. Executed Consulting Agreement; b. Table of Contents for the Draft Report; c. Schedule for delivery of services; d. Participation in (2) Pubic Consultation events e. Draft Report (electronic version) and presentation to City Staff, ATF and City Council ; f. Final Report (electronic version); and g. PowerPoint Presentation with supporting documentation.
7.0 CONTENT OF PROPOSAL
The following documents must be included in the Proposal submission in the following order.
• Proposal Submission Form • Project Understanding - Provide a written statement demonstrating the understanding of the project
including the scope of work. Indicate any challenges or issues likely to be encountered. • Project Methodology and Work Plan - Describe proposed methodology or work plan to deliver the project,
including key milestones, as per the anticipated project schedule. If schedule cannot be met, indicate realistic achievable schedule. Describe any value added or unique attributes to your approach.
• Corporate Profile and Project Team - Provide a corporate profile and describe the consulting team including list of key team member(s), related experience and role on similar projects. Include team member’s specific knowledge and experience related to multi-use arena facility development. Include responsibility matrix describing the role and allocation of time for each team member.
• Fee Proposal - Provide a fixed fee to perform all services described in this RFP. Provide hourly rates for team members and upset limit for disbursements.
• Completed Appendix A – Certification Document • Completed Appendix B – Conflict of Interest Certification • Completed Appendix C – References
8.0 INSTRUCTIONS TO BIDDERS
8.1 GENERAL
a. The law applicable to this RFP shall be the law in effect in the Province of British Columbia. Except
for an appeal from a British Columbia Court to the Supreme Court of Canada, no action in respect to this RFP shall be brought or maintained in any court other than in a court of the appropriate jurisdiction of the Province of British Columbia.
b. In carrying out its obligations hereunder, the Proponent shall familiarize itself and comply with all
applicable laws, bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits and registrations as may be required by law. Where there are two or more laws, ordinances, rules, regulations or codes applicable to the Works, the more restrictive shall apply.
c. Applicability of law: All references in the RFP to statutes and regulations thereto and City bylaws
shall be deemed to be the most recent amendments thereto or replacements thereof. d. Copyright: All designs, drawings, concept drawings, specifications, digital, hard copies, web pages,
internet pages, maps and plans commissioned by the City of Penticton, shall remain the property of the City of Penticton.
e. In the case of any inconsistency or conflict between the provisions of the RFP, the provisions of
such documents and addenda thereto will take precedence in governing in the following order: (1) addenda; (2) RFP; (3) Special Conditions; (4) Specifications; (5) Drawings; (6) Executed Form of RFP; (7) all other documents.
f. Headings are for convenience only: Headings and titles in the RFP are for convenience only and are
not explanatory of the clauses with which they appear. g. Method of payment is governed by City policy as well as applicable Federal and Provincial laws. h. The RFP, accepted submission, and City Contract represent the entire Agreement between the City
and the Successful Proponent and supersede all prior negotiations, representations or agreements either written or oral. The Contract may be amended only by written instrument agreed and executed by the Successful Proponent and the City.
9.0 REQUEST FOR RFP PROCESS 9.1 NOT A TENDER CALL This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. This RFP is not an invitation for an offer to contract, and it is not an offer to contract made by the City.
9.2 NO OBLIGATION TO PROCEED
Though the City fully intends at this time to proceed through the RFP, the City is under no obligation to proceed to the purchase, or any other stage. The receipt by the City of any information (including any submissions, ideas, plans, drawing, models or other materials communicated or exhibited by any intended Proponent or on its behalf, shall not impose any obligations on the City. There is no guarantee by the City, its officers, employees or agents, that the process initiated by the issuance of this RFP will continue, or that this RFP process or any RFP process will result in a contract with the City. 9.3 ADDENDA AND SUBSEQUENT INFORMATION Proponents are advised that all subsequent information regarding this RFP including any addendum will be posted on the City’s webpage. 9.4 ELIGIBILITY
Proposals will not be evaluated if the Proponent’s current of past corporate or other interests may, in the City’s opinion, give rise to a conflict of interest in connection with the RFP. 9.5 CONFLICT OF INTEREST
Any potential or perceived conflict of interest must be disclosed to the City in writing through the use of the Conflict of Interest Certification in Appendix B. Any conflict of interest identified will be considered and evaluated by the City. The City has the sole discretion to take the steps they deem necessary to resolve the conflict. If during the term of the Contract, a conflict or risk of conflict of interest arises, the Contractor will notify the City immediately, in writing, of that conflict or risk and take any steps that the City reasonably required to resolve the conflict of deal with the risk.
9.6 LATE PROPOSALS
Proposals received after the final date and time for receipt of Proposals will be considered as “late Proposals.” Late Proposals will not be accepted and will be returned unopened to the sender.
10.0 PRE-RFP INFORMATION 10.1 COST OF PREPARATION Any cost incurred by the Proponent in the preparation of this Proposal will be borne solely by the Proponent.
10.2 INTENTION OF THE CITY The Proponent that submits to the City the most advantageous Proposal and which represents the interests of the City, best overall, may be awarded the contract. The City reserves the right to accept or reject all or part of the RFP, however, the City is not precluded from negotiating with the Successful Proponent to modify its Proposal to best suit the needs of the City.
10.3 REJECTION OF PROPOSALS The City reserves the right to reject, at the City’s sole discretion, any or all Proposals, without limiting the foregoing, any Proposal which either:
a. is incomplete, obscure, irregular or unrealistic; b. has non-authorized (not initialled) erasures or corrections in the Proposal or any schedule thereto; c. omits or fails to include any one or more items in the Proposal for which a price is required by the
RFP; d. fails to complete the information required by the RFP to be furnished with a Proposal; and/or e. Fails to complete the information required whether the same purports to be completed or not.
Further, a Proposal may be rejected on the basis of the Proponents past performance, financial capabilities, completion schedule and compliance with Federal, Provincial, and/or Municipal legislation. As it is the purpose of the City to obtain a Proposal most suitable to the interests of the City and what it wishes to accomplish, the City has the right to waive any irregularity or insufficiency in any Proposal submitted and to accept the Proposal which is deemed to provide the Best Value to the City.
10.4 EVALUATION CRITERIA
Proposals will be checked against the mandatory criteria. Proposals not meeting all mandatory criteria will be rejected without further consideration. If all submissions do not meet the City’s mandatory criteria, it shall remain the City’s sole discretion to evaluate submissions and reject all or award to the Proponent with the highest overall ranking.
MANDATORY CRITERIA
MANDATORY CRITERIA
• Proposal Submission Form – Signed and Dated • Completed Appendix A – Certification Document • Completed Appendix B – Conflict of Interest Certification • Completed Appendix C - References
SCORED EVALUATION CRITERIA
Proposals meeting the mandatory requirements will be further evaluated based on predetermined criteria and weighting as detailed below:
PROJECT UNDERSTANDING – 15%
• Demonstrates clear understanding of the project requirements
METHODOLOGY / WORKPLAN - 30%
• Demonstrates good methodology and work plan
CORPORATE PROFILE AND PROJECT TEAM - 30%
• Previous performance of similar work
FEE 25%
• Fees are fair market value for work detailed in the Proposal.
10.5 EVALUATION COMMITTEE Evaluation of Proposals may be by an Evaluation Committee formed by the City and may include a representative of its Procurement Division.
Upon submitting a Proposal, Proponents agree that the City may disclose their company name; however, no prices, scores, weights or totals will be provided to any Proponents.
Awards will be made based on the Best Value offered, and the Best Value will be determined by the City. The quality of the service to be supplied, the conformity with the specifications, the suitability to requirements, guarantee clauses, and references shall all be taken into consideration. 10.6 CONFIDENTIALITY OF PROPOSALS
The City will endeavour to keep all Proposals confidential. The material contained in the Proposal from the Successful Proponent will be incorporated in a contract and information which is considered sensitive and/or proprietary shall be identified as such by the Proponent. Technical or commercial information included in the City contract shall not be released if the Procurement Department of the City deems such releases inappropriate, subject to the Protection of Privacy and Freedom of Information Act. 10.7 CONFIDENTIALITY OF CITY’S INFORMATION All Proponents and any other persons who, through this RFP process, gains access to the City’s confidential financial information, are required to keep strictly confidential all information which in any way reveals confidential business, financial or investment details, programs, strategies or plans learned through this RFP process. This requirement will continue with respect to such information learned by the Successful Proponent, if any, over the course of any contract for service which arises out this RFP process. Information pertaining to the City obtained by the Proponent as a result of participation in this process is confidential and must not be disclosed without written authorization of the City.
10.8 CLARIFICATION
The City reserves the right to seek Proposal clarification with the Proponents to assist in making evaluations.
10.9 GIFTS AND DONATIONS
Proponents will not offer entertainment, gifts, gratuities, discounts, or special services, regardless of value, to any employee of the City. The Successful Proponent shall report to the City’s Procurement Department any attempt by City employees to obtain such favours.
10.10 ACCEPTANCE OF PROPOSAL
The City shall not be obligated in any manner to any Proponent whatsoever until a written agreement has been duly executed relating to an approved Proposal.
No act of the City other than written notice signed by the City’s Corporate Officer or Procurement Manager shall constitute an acceptance of a Proposal. Such acceptance shall bind the Successful Proponent to execute in a manner satisfactory to the City.
10.11 NEGOTIATION DELAY If a written Contract cannot be negotiated within 30 days of notification to the Successful Proponent, the City may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the RFP process and not enter into a Contract with any of the Proponents.
10.12 ENQUIRIES AND CONACT DURING THE RFP PROCESS All enquiries related to this RFP are to be directed, in writing, to
Cathy Ingram, Procurement Manager City Yards 616 Okanagan Avenue East Penticton, BC V2A 3K6 [email protected]
The Procurement Manager (or designate) is the City’s only representative authorized to communicate and otherwise deal with Proponents and all Proponents must communicate and otherwise deal with that person only. Contact with any other City representative, including members of Council, officers or employees of the City regarding this RFP of a Proponent’s submission may result in the Proposal being removed from consideration for this and any future competitions. Enquiries and responses will be recorded and may be distributed to all Proponents at the City’s option. Questions will not be accepted or answered within 48 hours of the Closing date and time.
10.13 SUBMITTAL DEADLINE AND INSTRUCTIONS Delivery of Proposals to the City Procurement office located at Penticton City Yards prior to the specified date and time is solely and strictly the responsibility of the Proponent. The City shall not, under any circumstances, be responsible for delays caused by any delivery service, or for delays caused by any other occurrence. All Proposals must be manually and duly signed by an authorized corporate officer or principal(s) of the organization with the authority to bind said Proponent. Proposals must be received by 2:00:00 p.m. (local Penticton time) on Thursday, April 20, 2017 at:
Procurement Department City Yards 616 Okanagan Avenue East Penticton, BC V2A 3K6 [email protected]
Proposals and their envelopes should be clearly marked with the name and address of the Proponent and the RFP program title.
11.0 PROPOSAL PREPARATION 11.1 ALTERNATIVE SOLUTIONS If alternative solutions are offered, please submit the information in the same format, as a separate Proposal.
11.2 CHANGES TO PROPOSAL WORDING
The Proponent will not change the wording of its Proposal after the submission deadline and no words or comments will be added to the Proposal unless requested by the City for purposes of clarification. 11.3 IRREVOCABILITY OF PROPOSALS
By submission of a clear and detailed written notice, the Proponent may amend or withdraw its Proposal prior to the closing date and time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be successful, the Proponent will enter into a contract with the City.
11.4 PROPONENT’S EXPENSE Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the City, if any. If the City elects to reject all Proposals, the City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract or any other matter whatsoever. 11.5 LIMITATION OF DAMAGES
The Proponent, by submitting a Proposal, agrees that it will not claim damages, for whatever reason, relating to the RFP or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its Proposal. The Proponent, by submitting a Proposal, waives any claim for loss of profits if no agreement is made with the Proponent.
11.6 FIRM PRICING
Proposals must be firm for at least 60 days after the RFP Closing Date. Prices will be firm for the entire contract period. 11.7 CURRENCY AND TAXES Prices quoted are to be:
• in Canadian dollars; • inclusive of duty, where applicable; • FOB destination, delivery charges included where applicable; and • excluding applicable taxes.
Proponents acknowledge that, if it is a non-resident company, payments to the Proponent, as a non-resident, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Proponent, as a non-resident, provides the City with an official letter from Canadian Customs and Revenue Agency waiving the withholding requirements, the City will withhold the taxes it determines are required under the Income Tax Act (Canada).
12.0 ADDITIONAL TERMS
12.1 SUB-CONTRACTING
a. Using a Sub-contractor (who must be clearly identified in the Proposal) is acceptable. This includes
a joint submission by two (2) Proponents having no formal corporate links. However, in this case, one of these Proponents must be prepared to take overall responsibility for successful interconnection of the two (2) product or service lines and this must be defined in the Proposal.
b. A Sub-contractor individual or firm, whose current or past corporate or other interests may, in the
City’s opinion, give rise to a conflict of interest in connection with this project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Proposal.
c. Any Sub-contracting of the service to any firm or individual after the award of a Contract must have
prior written approval by the City.
12.2 LIABILITY FOR ERRORS
While the City has used considerable efforts to ensure an accurate representation of information in this RFP, the information contained in this RFP is supplied solely as a guideline for Contractors. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing
in this RFP is intended to relieve Contractors from forming their own opinions and conclusions with respect to the matters addressed in this RFP. 12.3 AGREEMENT WITH TERMS By submitting a Proposal the Contractor agrees to all the terms and conditions of this RFP. Contractors who have obtained the RFP electronically must not alter any portion of the document, with the exception of adding the information requested. To do so will invalidate the Proposal. 12.4 USE OF REQUEST FOR PROPOSALS This document, or any portion thereof, may not be used for any purpose other than the submission of Proposals.
13.0 CONDITIONS
a. A qualified Proposal is one which meets the needs and specifications of the City, the terms and
conditions contained in the RFP. The preferred Proposal is a qualified Proposal offering the Best Value, as determined by the City.
b. The City will decide whether a Proposal is qualified by evaluating all of the Proposals based on the
needs of the City, specifications, terms and conditions and price. The City Evaluation Committee will examine all Proposals and recommend which Proposal is in the City’s best interest.
c. A Proposal which is unqualified is one that exceeds the cost expectations of the City and/or does
not meet the terms and conditions contained in the RFP and/or do not meet the needs and specifications of the City. The City reserves the right to reject any or all unqualified Proposals.
d. The City reserves the right to cancel this RFP at any time. e. The City recognizes that Best Value is the essential part of purchasing a product and/or service and
therefore the City may prefer a Proposal with a higher price, if it offers greater value and better serves the City’s interests, as determined by the City, over a Proposal with a low price. The City’s decision shall be final.
f. The City reserves the right to negotiate with a preferred Proponent, or any Proponent, on any
details, including changes to specifications and price. If specifications require significant modification, all Proponents shall have the opportunity to adjust their Proposals or re-submit altogether, as determined by the City Procurement Department and/or department head.
g. All equipment, goods and workmanship must conform to all Laws and Standards necessary for use
in Canada and the Province of British Columbia.
h. The Successful Proponent, herein named the Contractor, shall guarantee that their Proposal will meet the needs of the City and that any or all items supplied and/or services rendered shall be correct. If the items supplied by the Contractor and/or the services rendered by it are in any way incorrect or unsuitable, all correction costs shall be borne solely by the Contractor.
i. All proposed prices shall include delivery F.O.B. City Works yard or other destination point, as
specified by the City, and the Contractor shall bear all risks of loss and/or damage. j. Where only one Proposal is received, the City reserves the right not to make public the amount of
the Proposal. The amount of the Proposal will be made public if a contract is awarded. The City reserves the right to accept or reject a Proposal, where only one Proposal is received.
k. The City reserves the right in its sole discretion to accept or reject all or part of any Proposal which is
non-compliant with the requirements of this RFP.
l. The City shall not be obligated either to accept or reject any non-compliance with the requirements
of this RFP.
m. Cancellation Clause: The City reserves the right to cancel the Contract for goods and/or services as outlined in this RFP, at any time, by providing 30 days written notice to the Contractor.
14.0 CONTRACTOR’S OBLIGATIONS
14.1 REGISTRATION WITH WORKSAFE BC (WCB) The Contract may contain a provision that the Contractor and any approved Sub-contractors must be registered with WorkSafe BC (WCB), in which case WorkSafe BC (WCB) coverage must be maintained for the duration of the Contract. Prior to receiving any payment, the Contractor may be required to submit a WorkSafe BC (WCB) Clearance Letter indicating that all WCB assessments have been paid.
The Contractor shall ensure compliance on their part with the Workers' Compensation Act and any regulations there under, especially provisions of said Act or of regulations under said Act having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including proper sanitation and ventilation.
In any case where pursuant to the provisions of the Workers' Compensation Act, the Workers' Compensation Board orders the Contractor in respect of his operations under this Agreement, to cease operations because of failure to install or adopt safety devices or appliances directed by the order of the said Board, or required under said Act or regulations there under or because said Board is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, or because of lack of payment of an account due to the Board, the City on twenty-four (24) hours written notice to the Contractor, may terminate the Contract. 14.2 GOVERNING REGULATIONS
The Contractor shall apply and pay for all necessary permits or licences required for the execution of the Work (but this shall include the obtaining of permanent easements or rights of servitude). The Contractor shall give all necessary notices, pay for all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of the public health. The Contractor shall be responsible for the safety of all workers and equipment on the project in accordance with all applicable safety legislation passed by Federal, Provincial and local authorities governing safety.
15.0 INSURANCE PROTECTION AND DAMAGE
15.1 GENERAL INSURANCE
The Contractor shall procure and maintain, at its own expense and cost, the insurance policies listed in Section 10.2, with limits no less than those shown in the respective items, unless in connection with the performance of some particular part of the Work or Services, the City advises in writing that it has determined that the exposure to liability justifies less limits. The insurance policy or policies shall be maintained continuously from commencement of the Work or Services until total completion of the Work or Services or such longer period as may be specified by the City.
15.2 INSURANCE
As a minimum, the Contractor shall, without limiting its obligations or liabilities under any other contract with the City, procure and maintain, at its own expense and cost, the following insurance policies: Commercial General Liability Insurance Providing for an inclusive limit of not less than $2,000,000 for each occurrence or accident; providing for all sums which the Contractor shall become legally obligated to pay for damages because of bodily injury
(including death at any time resulting therefrom) sustained by any person or persons or because of damage to or destruction of property caused by an occurrence or accident arising out of or related to the Work or Services or any operations carried on in connection with this Contract; including coverage for Contractor's Protective, Personal Injury, Contingent Employer's Liability, Broad Form Property Damage, and Non-Owned Automobile Liability.
Cross Liability Coverage Coverage must include a Cross Liability clause providing that the inclusion of more than one Insured shall not in any way affect the rights of any other Insured hereunder, in respect to any claim, demand, suit or judgment made against any other Insured.
Automobile Liability Insurance Automobile Liability Insurance covering all motor vehicles, owned, operated and used or to be used by the Contractor directly or indirectly in the performance of the Work or Services. The Limit of Liability shall not be less than $2,000,000 inclusive, for loss or damage including personal injuries and death resulting from any one accident or occurrence. Such All Risks Insurance shall be endorsed to waive all rights of subrogation against the City.
Errors & Omissions Insurance: The Consultant shall, at the Consultant’s expense, establish and maintain professional errors and omissions insurance to the following minimum requirements:
Minimum Insurance
Consulting Services for projects $ 250,000 not exceeding $50,000 in value Consulting Services for projects $ 2,000,000 exceeding $50,000 The Maximum deductible in all categories shall be $ 50,000 • The Consultant accepts responsibility for the acts and omissions of all Sub-Contractors it may
engage in rendering the Service on the Project. • The Consultant’s professional errors and omissions insurance shall remain in force for the life of
the Project and for twelve (12) months after substantial completion, and shall contain the following endorsement to provide the City of Penticton with prior notice of changes and cancellations.
15.3 THE CITY NAMED AS ADDITIONAL INSURED
The policies required by section .2 above shall provide that the City is named as an Additional Insured thereunder and that said policies are primary without any right of contribution from any insurance otherwise maintained by the City.
15.4 CONTRACTOR'S SUB-CONTRACTORS
The Contractor shall require each of its S ub-contractors to provide comparable insurance to that set forth under Section .2 above.
15.5 CERTIFICATES OF INSURANCE
The Contractor agrees to submit Certificates of Insurance, for itself and for all of its Sub-contractors to the Procurement D e p ar t m e n t of the City prior to commencing the Work or providing the Services.
Such Certificates shall provide that 30 days' written notice shall be given to the City’s R isk Management Department, prior to any cancellations of any such policy or policies. The Contractor agrees to notify the City of any material changes to such policy or policies.
15.6 OTHER INSURANCE
After reviewing the Contractor's Certificates of Insurance, the City may require other insurance or alterations to any applicable insurance policies in force during the period of this Contract and will give notifications of such requirement. Where other insurances or alterations to any insurance policies in force are required by the City and result in increased insurance premium, such increased premium shall be at the Contractor’s expense.
15.7 ADDITIONAL INSURANCE
The Contractor may take out such additional insurance, as it may consider necessary and desirable. All such additional insurance shall be at no expense to the City. The Contractor shall ensure that all of its Sub-contractors are informed of and comply with the City's requirements.
15.8 INSURANCE COMPANIES
All insurance, which the Contractor is required to obtain with respect to this Contract, shall be with insurance companies registered in and licensed to underwrite such insurance in the province of British Columbia.
15.9 FAILURE TO PROVIDE
If the Contractor fails to do all or anything which is required of it with regard to insurance, the City may do all that is necessary to affect and maintain such insurance, and any monies expended by the City shall be repayable by and recovered from the Contractor. The Contractor expressly authorizes the City to deduct from any monies owing the Contractor, any monies owing by the Contractor to the City.
15.10 NON-PAYMENT OF LOSSES
The failure or refusal to pay losses by any insurance company providing insurance on behalf of the Contractor or any Sub-contractor shall not be held to waive or release the Contractor or Sub-contractor from any of the provisions of the Insurance Requirements or this Contract, with respect to the liability of the Contractor otherwise. Any insurance deductible maintained by the Contractor or any Sub-contractor under any of the insurance policies is solely for their account and any such amount incurred by the City will be recovered from the Contractor.
15.11 AUTOMOTIVE INSURANCE
A minimum of Two Million Dollars ($2,000,000) of public liability and property damage insurance shall be carried on all automotive equipment.
15.12 INDEMNITY
The Contractor shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City, its elected officials, officers, employees and managers (collectively) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this Contract, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities.
The Contractor shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this contract, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities.
15.13 CITY REPRESENTATIVE
A City Representative will be assigned by the City to oversee the compliance of the Proposal awarded to the Contractor. In addition, the Contractor will be expected to name a counterpart Project Manager.
15.14 PAYMENT HOLDBACK
The Contract may contain a provision whereby the City will hold back a portion of the total Contract price until the requirements of the RFP have been met.
15.15 SOFTWARE
It is the Contractor’s responsibility to ensure that the City has all licenses required to use any software that may be supplied by the Contractor pursuant to the Contract.
15.16 ARBITRATION
All disputes arising out of or in connection with the Contract must, unless the parties otherwise agree, be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act.
2017-RFP-06 Arena Feasibility Study Consultant
Complete and return this Proposal Submission Form
Proposals will be received on or before 2:00:00 pm local time on
Thursday, April 20, 2017 PROPOSAL SUBMISSION INSTRUCTIONS One (1) paper original of a Proposal and an electronic copy on a USB, in an envelope plainly marked "2017-RFP-06 Arena Feasibility Study Consultant” or an electronic copy in PDF format in one (1) complete file may be hand delivered, couriered, mailed or e-mailed and must be received prior to the closing date and time, to:
City Yards, 616 Okanagan Avenue East Penticton, BC V2A 3K6 Attention: Cathy Ingram, Procurement Manager [email protected]
Submitted by: (Company name)
(Address)
(Postal Code) Company Contact Name: Telephone Number: Company Contact e-mail address:
PROPOSAL SUBMISSION FORM
Proposal Submission Form continued The Proponent confirms it has obtained and carefully examined all of the documents making up the Request for Proposal issued by The City of Penticton and any addenda issued in connection therewith. The Proponent undertakes and agrees that: 1.1 EXECUTION OF CONTRACT If the offer contained in this Proposal is accepted, upon being advised that the Contract (the Contract) is available the Proponent will obtain the Contract and Drawings, if any, and will execute and identify the Contract and Drawings in a form and manner acceptable to the City and will deliver the same within 10 days from the time when the same are available or are delivered or mailed to the Proponent. 1.2 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK If awarded the Contract, the Proponent shall supply the goods on the date set out in the Contract and shall complete the contract within the time specified in the Contract. 1.3 NO COLLUSION Except as otherwise specified or as arising by reason of the provision of the Contract, no person whether natural, or body corporate, other than the Proponent has or will have any interest or share in this Proposal or in the proposed contract which may be completed in respect thereof. There is no collusion or arrangement between the Proponent and any other actual or prospective Proponents in connection with Proposals submitted for this project and the Proponent has no knowledge of the contents of other Proposals and has made no comparison of figures or agreement or arrangement, express or implied, with any other party in connection with the making of the Proposal. 1.4 ACCEPTANCE OF PROPOSAL The acceptance of the Proposal by the City shall be made only by the notice in writing from the Corporate Officer or from the Procurement Department of the City, and will be addressed to the Successful Proponent at the address given in this Form of Proposal; and if the Proposal Documents are so worded, the Proposal may be accepted either in whole or part. 1.5 FAILURE OR DEFAULT OF PROPONENT If the Proponent for any reason whatsoever fails or defaults in respect of any matter or thing which is an obligation of the Proponent under the terms of this Proposal, the City at its option may consider the Proponent has abandoned the offer made or the contract if the offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void and the City shall be free to select an alternate solution of its choosing. Executed at , in the Province of BC this day of , AD 2017 under seal of the Proponent as a speciality instrument. NOTE: If the Proponent is a corporation, in addition to signature, affix corporate seal (if available). If a natural person makes the Proposal, the Proponent must sign it with his/her name typed or clearly printed below the signature. If the Proponent is carrying on business under a firm name and NOT incorporated, the members of the firm must sign below the firm name and their names must be typed or clearly printed below the signature.
(Corporate Name if Proponent is a Corporation) Per: Per:
Mailing Address of Proponent (if different than above) Street City Province Postal Code Telephone
APPENDIX A – CERTIFICATION DOCUMENT
2017-RFP-06 Arena Feasibility Study Consultant
Certification: We have carefully read and examined the RFP document and have conducted such other investigations as were prudent and reasonable in preparing this response. We certify that the statements made in this response are true and complete. These statements and prices in our Proposal represent our response to the City of Penticton. We agree to be bound by statements and representations made in this response and to any agreement resulting from this response. We hereby agree that this RFP response may only be withdrawn by written notice delivered to the office of the Purchasing Manager prior to the time set for the opening of Proposals. We agree that the RFP response attached hereto shall be irrevocable by us for a period of sixty (60) days after the date of the opening of the RFP. Print Company Name and Address: Print Name and Title of Authorized Signing Officers: Signature of Authorized Signing Officer: Telephone Number: Fax Number: E-mail address:
Signed this day of , 2017.
APPENDIX B - CONFLICT OF INTEREST CERTIFICATION 2017-RFP-06 Arena Feasibility Study Consultant
The City of Penticton requires all Proponents to certify either statement A or statement B below:
A) We certify that:
1. our affiliates, subsidiaries, officers, directors, and employees have not received any additional information,
documents, drawings or specifications with respect to this RFP, other than has been made available to or disclosed to all bidders as part of the RFP process.
2. the prices(s) and amount of this bid have been arrived at independently and without consultation,
communication or agreement with any other contractor, Proponent, or potential Proponent.
3. the submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or non-competitive bid.
4. that none of our affiliates, subsidiaries, officers, directors and employees are currently under investigation by
any government agency involving conspiracy or collusion with respect to bidding on any public contract.
5. that none of our officers, directors or any person employed by or associated with our company in the performance of services or otherwise, is an employee of, or has an employment relationship of any kind with the City of Penticton or is in any way entitled to terms or conditions of employment or employment benefits of any kind whatsoever from the City of Penticton under any collective agreement or otherwise including but not limited to private programs or coverages and statutory programs and coverages, whether under the Employment Standards Act of British Columbia (as amended from time to time), the Workers Compensation Act of British Columbia (as amended from time to time), the Employment Insurance Act of Canada (as amended from time to time), health plan contributions, or otherwise. We understand that the City will investigate any disclosure under this section and determine whether the conflict is material. The determination of materiality will be determined by the Director of Corporate Services or designate.
6. we understand and acknowledge that this certification is material and important, and will be relied on by THE
CITY OF PENTICTON in awarding the contract(s) for which this document is submitted. We understand that any misstatement in this certification is and shall be treated as fraudulent concealment from THE CITY OF PENTICTON of the true facts relating to the submission of Proposals for this contract.
Print Company Name and Address:
Print Name and Title of Authorized Signing Officers:
Signature of Authorized Signing Officer:
Signed this day of , 2017
OR
B) We cannot certify the statements listed above for the following reasons:
Print Company Name and Address:
Print Name and Title of Authorized Signing Officers:
Signature of Authorized Signing Officer:
Signed this day of _, 2017
APPENDIX C – REFERENCES
2017-RFP-06 Arena Feasibility Study Consultant
List at least 3 references of similar Work. If there are special concerns or restrictions on our use of any reference, these concerns must be addressed in the Proposal. The City will perform adequate reference checks prior to contract award. Company Name:
Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address: Key Team Member: Company Name: Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address: Key Team Member: Company Name: Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address: Key Team Member:
