04 08 2016 SpCouncil Agenda
The Township of Oro-Medonte
Special Council Meeting Agenda
Council Chambers
Friday, April 8, 2016
9:00 a.m. - Open Session
Page
1. Call to Order - Moment of Reflection:
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
3. Disclosure of Pecuniary Interest:
4. Reports of Members of Council:
2 a) Mayor H.S. Hughes re: Request from the Neema Children's Choir, Uganda.
5. Reports of Municipal Officers:
3 - 70a) Report No. RC2016-03, Shawn Binns, Director, Recreation & Community
Services re: RFP # CS 2016-01, Operations Service Review.
71 - 104 b) Robin Dunn, CAO and Donna Hewitt, Director, Corporate & Strategic
Initiatives re: Strategic Plan Implementation.
6. Confirmation By-Law:
105 a) By-Law No. 2016-059: Being a By-Law to confirm the proceedings of the
Special Council meeting held on Friday, April 8, 2016.
7. Adjournment:
a) Motion to Adjourn.
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The Corporation of the Township Oro-Medonte
Request for Proposal
Operations Service Review
RFP # CS 2016-01
Sealed Proposals, clearly marked as to contents, will be received by the Community
Services Division, 148 Line 7 South, Oro-Medonte, Ontario, L0L 2E0, no later than 3:00
th
pm (15:00) local time, February 19, 2016.
Late proposals will not be accepted.
Requirements for: Consulting Services for Operations Service Review
All proposals are subject to the terms and conditions of the Request for Proposal, the
accompanying specifications, and all other contract provisions or data that is
incorporated.
If further information is required, contact:
Shawn Binns, PBDM, MBA
Director, Recreation and Community Services
sbinns@oro-medonte.ca
The Corporation of the Township of Oro-Medonte reserves the right to accept or reject
all or part of any proposal, and to accept the proposal that is in the best interest of the
owner
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Table of Contents
Definitions ....................................................................................................................... 5
Part I Project Terms Of Reference ............................................................................ 7
1. Introduction ...................................................................................................... 7
2. Background ...................................................................................................... 8
3. Timeframe of Project ........................................................................................ 9
4. Project Requirements ....................................................................................... 9
5. Deliverables ................................................................................................... 10
6. Contents of Proposals .................................................................................... 11
Part II Instructions to Proponents ............................................................................. 13
1. Delivery of Proposals ..................................................................................... 13
2. Electronic Submissions .................................................................................. 13
3. Proposal Schedule ......................................................................................... 13
4. Competition Intended ..................................................................................... 14
5. Enquiries ........................................................................................................ 14
6. Addendum/Addenda ...................................................................................... 14
7. Site Meeting ................................................................................................... 15
8. Mandatory Proposal Requirements ................................................................ 15
9. Checking of Proposals ................................................................................... 15
10. Late Submission............................................................................................. 16
11. Proposal Opening .......................................................................................... 16
12. Amendment of Proposals ............................................................................... 16
13. Right to Accept or Reject Proposal ................................................................ 16
14. Proposal Evaluation ....................................................................................... 17
15. Evaluation Criteria .......................................................................................... 17
16. Presentation & Interview ................................................................................ 18
17. Award Determination ...................................................................................... 19
18. Execution of Award ........................................................................................ 20
19. Order of Precedence ...................................................................................... 20
20. Alternative Dispute Resolution. ...................................................................... 21
21. Contract Additions & Deletions ...................................................................... 21
22. Proponent Qualifications ................................................................................ 21
23. Proponent's Statement of Understanding....................................................... 21
24. Term of Contract ............................................................................................ 22
25. Irrevocability of Proposals .............................................................................. 22
26. Errors and Omissions ..................................................................................... 22
27. Proponents Expenses .................................................................................... 22
28. Changes to Proposal Wording ....................................................................... 22
29. Price Components.......................................................................................... 22
30. Freedom of Information .................................................................................. 23
31. Bribery/Fraud ................................................................................................. 23
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RFP #: CS 2016-01
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32. Cancellation ................................................................................................... 23
33. Insurance ....................................................................................................... 24
34. Workplace Safety and Insurance Board (WSIB) ............................................ 24
35. Regulation Compliance and Legislation ......................................................... 25
36. Laws of Ontario .............................................................................................. 25
37. Indemnification ............................................................................................... 25
38. Force Majeure ................................................................................................ 26
39. Severability .................................................................................................... 26
40. Termination of Contract .................................................................................. 26
41. Termination by Notice .................................................................................... 26
42. Termination for Cause .................................................................................... 26
43. Suspension of Work ....................................................................................... 27
44. Suspension In Future ..................................................................................... 27
45. Failure to Comply with Owner Decisions ........................................................ 27
46. Evaluation of Performance ............................................................................. 28
47. Time is of the Essence ................................................................................... 28
48. Safety Standards ............................................................................................ 28
49. Non-Waiver .................................................................................................... 28
50. Non-Assignment ............................................................................................ 28
51. Emergency Telephone Number ..................................................................... 29
52. Personal Property Security Act ...................................................................... 29
53. Confidentiality of Information .......................................................................... 29
54. Conflicts of Interest ........................................................................................ 29
55. Township Not Employer ................................................................................. 30
56. Purchasing and Tendering Procedures By-Law # 2004-112 ........ 31
57. Working Language ......................................................................................... 31
58. Intellectual Property ....................................................................................... 31
59. Accessibility ................................................................................................... 31
60. Township of Oro-Medonte Payment Terms .................................................... 32
Part III Form of Proposal........................................................................................... 33
Schedule I Budget ...................................................................................................... 39
Schedule II - List of References .................................................................................... 40
Part V Appendices .................................................................................................... 49
Accessibility for Ontarians with Disabilities (AODA) .................................................... 51
Contract Change Order Sample .................................................................................. 53
Letter of Credit Wording As Required By ..................................................................... 56
Notice of "No Proposal" ............................................................................................... 58
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RFP #: CS 2016-01
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Definitions
The following definitions apply to the interpretation of the Contract Documents;
1. Addenda or Addendum means any additions, deletions, modifications or other
changes to the Contract Document and all corresponding Schedules and
Appendices.
2. Security and Contract Security refers to the certified cheque, bank draft,
money order, or bonding documents submitted with a Proposal or at time of
award notification which serves to guarantee to the Owner that the Proponent, if
awarded the Contract, will execute such Contract in accordance with the terms
and conditions outlined in the Contract Documents.
3. Day means any day from Monday through Friday between the
hours of 8:30 am and 4:30 pm, excluding statutory holidays observed by The
Township of Oro-Medonte.
4. r Day means Monday through Sunday inclusive, but excluding
any recognized statutory holiday.
5. g Time means the time specified in Instructions to Proponents, by which
all Proposals shall be received and stamped by the Owner.
6. of In has the meaning that if there is an actual or potential
Conflict of Interest in preparing its Proposal, and/or the Proponent(s) foresees
an actual or potential Conflict of Interest in performing the works required under
the Contract.
7. means the agreement in writing governing the defined Work, which
has been executed by the Owner and the Successful Proponent following
acceptance by the Owner of the Successful s submission and
subsequent signed agreement.
8. t Documents means a form of agreement, together with the
Standard Conditions, Specifications, Schedules and Appendices, if any,
which constitute the entire understanding between the Township and a
Proponent submitting a Proposal regarding the Work.
9. t Drawings means the plans and drawings provided by the
Township describing the Work.
10. means the elected Council for the Township of Oro-Medonte.
11. m of Proposal are the standard forms provided in the Contract Document.
Proponents must complete and submit the forms contained within this section in
order to provide the necessary information for the evaluation of the submission
for the purpose of entering into a Contract with the Owner in the event of award.
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Definitions
12. OSRrefers to Operations Services Review.
13. means those requirements described in
Instructions to Proponents, which shall be fully satisfied in order for any
Proposal to be considered by the Owner as compliant.
14. y used in this document denotes permissive.
15. wner refers to The Corporation of the Township of Oro-Medonte, as the
case may be, and as identified in the Request for Proposal, and Contract
Documents for the purpose of the award, execution and performance of the
Contract.
16. l or issionrefers to the information submitted by a
Proponent in response to this Request for Proposal.
17. Finance Department means the Director, Finance/Treasurer/Deputy CAO or
his/her designate working within the Finance Department.
18. means the legal entity submitting a Proposal.
19. t for Proposal means the document issued by the Township
and used to solicit Proposals from Proponents to provide goods, services or
construction to the Township.
20. and used in this document denotes imperative.
21. -Contractoror - means a legal entity approved by the
Owner undertaking the execution of a part of the Work pursuant to an
agreement with the Proponent.
22. l Proponent means the Successful Proponent(s) whose Proposal
has been accepted by the Township and to whom the Contract is awarded.
23. ly means to provide the necessary tools, material, equipment, and
product to satisfy the Request for Proposal requirements.
24. -Medonte
25. means Work/service performed to meet a demand to comply with
the conditions of the Contract, delivery dates, specifications and technical
assistance.
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Part I Project Terms Of Reference
1. Introduction
The Township of Oro-Medonte is a diverse and beautiful community with a central
location in Ontario. With a population of 20,078, it covers a land area of 61,000
hectares, stretching from the westerly border with Barrie and Springwater Township,
the southerly border with Lake Simcoe, the easterly border with Orillia and Severn
Township and the northerly border shared with Tay and Severn Townships. The
of rural
life and the convenience of a short drive to Barrie, Orillia and the GTA.
The Township is accessible by:
Provincial Highways 11, 12 and 400 and the County of Simcoe road systems;
The Lake Simcoe Regional Airport operated by the municipalities of Oro-
Medonte, Barrie and the County of Simcoe (Upper tier);
The Canadian Pacific Rail line, which passes through the Township as it travels
from Toronto to Vancouver;
The Lake Country Oro-Medonte Rail Trail which links the Cities of Barrie and
Orillia; and
Lake Simcoe.
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Part I Project Terms Of Reference
2. Background
Like all Municipalities in Canada, the Township of Oro-Medonte is facing a
number of pressures and challenges with respect to municipal infrastructure and
service delivery. In 2008, under the leadership of newly elected Council, the
Township developed a new strategic plan for the organization aimed towards
achieving excellence in public service. Aligned with this plan, was increased
investment in parks and facility infrastructure as well as an extensive road
paving program.
The Township is currently in the process of renewing its strategic plan which
builds on previous efforts to achieve excellence in public service anchored by a
desired culture of citizen centricity and continuous improvement. To align with
the focus set out in the strategic plan and to address these challenges and a
number of impending retirements the Township has re-structured the
organization. Under this new structure, Transportation Services and Recreation
and Community Services have combined as one Department, now entitled
Operations which holds responsibility of roads/transportation, parks and facility
operations, recreation services and associated capital and asset management. A
newly formed Engineering Department has been established to focus on
development engineering and environmental services (water/waste water). This
new structure is planned to be implemented in July 2016. A current
organizational chart is included in appendices. Part of this realignment, was a
commitment to conduct an in-depth review of the services provided by
Operations, provide recommendations on service levels and standards, resource
allocation (staffing and financial) and optimization, risk
management, opportunities for process improvement, use of technology and the
development of performance measures to guide and measure outcomes.
Current situation:
The Township workplace is unionized and under collective agreement with
CUPE (Canadian Union Public Employees). A renewed agreement is currently
being negotiated.
In 2007 the road inventory included 386 km of hard top surface and 226 km of
gravel surface roads. Currently, the inventory is made of up of 577 km of hardtop
surface and 32 km of gravel roads. The increased in hard top surfacing is
impacting ability to properly maintain this new service level, as
well as the capital investment required to optimize lifecycle. The Township is
responsible for more kilometers of roadway than any other Municipality in the
County of Simcoe.
The Township facility inventory includes (1) administration building, (1)
community arena and banquet hall, (6) fire halls, (2) roads yards, (2) sand/salt
storage facilities, (5) community halls and various operations and storage
buildings. The facility management oversight is now being centralized from the
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Part I Project Terms Of Reference
current functional structure.
Fleet management is now being centralized under oversight of the Fire Chief
from the current functional structure.
The Township has 335 acres of parkland consisting of 21 developed parks and
34 undeveloped parks, 3 public wharfs, a tennis court, an arena and various
other park and sports field facilities.
The Township has updated its business plan and performance management
system. We are looking to supplement this with key departmental performance
measures aligned with a balanced scorecard approach.
The current Director of Transportation and Environmental Service is retiring in July
2016 and the Director, Recreation and Community Services will assume
responsibility for the newly created Operations Department.
The Township is facing a number of retirements from key positions in the next 5
years.
Background reports and guiding documents (available on Township website
or upon request)
Township of Oro-Medonte Strategic Plan (2016)
Township of Oro-Medonte Business Plan and Operating Budgets
Roads Needs Study (2015)
Bridge Assessment (2015)
Internal (staff) survey (2014)
External (community) survey (2014)
Strategic Facility Plan (2010)
3. Timeframe of Project
The project shall commence with the award of the Contract. It is the Township
intention to have a draft report completed by the end of April 2016.
4. Project Requirements/Outcome Deliverables
Outcomes:
1. Perform an in-depth analysis/review of current service delivery along with the
development of recommendations aligned to a 5 year time horizon, specifically
related to:
The effectiveness and efficiency of current Transportation, Parks and Facility,
and Recreation service provision against established service levels,
recommend adjustments to service levels as appropriate;
Operating and capital needs over the 2016-2020 time horizon;
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Operating policies/practices;
Enterprise risk management practices, legislative review and compliance audit;
Quality assurance, procurement and project management;
Fleet and Equipment right sizing and optimization;
Human resources capital and management;
Use of technology;
Opportunities for process improvement;
Development of performance measures to guide and measure outcomes.
It is envisioned that this will be completed through:
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A comprehensive review of background reports and guiding documents;
Conducting individual interviews/questionnaires/consultations with Council (7)
and the Senior Management Team (8), Manager of Transportation, Operations
Technologist (1), Department Supervisors (3);
Complete questionnaires/focus groups/consultations with North Yard, South
Yard, Recreation staff and Parks and Facility Staff, service level contractors;
claims history.
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A review of the external environment and trends expected from 2016-2021.
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Benchmarking with (5) five of the approved Municipal comparator
group to benchmark asset management and resource allocation as well as to
review best practice.
Review feasibility of American Public Works Association (APWA) accreditation
and other possible quality assurance best practice certifications.
5. Deliverables
The successful Proponent will provide as a minimum:
1. A draft and final version of a written five (5) year OSR addressing the outcomes as
set forth in Section 4. Presentations to Operations, Senior Management and
Township Council including the items below. Both draft and final versions shall be
provided to the Township in electronic pdf and hard copy versions.
2. A summary of activities that should be undertaken to implement the OSR and the
priority of each activity including a cost/benefit analysis and ROI;
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Part I Project Terms Of Reference
3. A proposed implementation plan that will be incorporated into business plansfor
2017 2020 with recommendations starting in May, 2016 to support the new
structure scheduled for implementation in July, 2016. The implementation plan
must take into account the current staffing and financial constraints;
4. Recommendations for cost savings and efficiencies with respect to alternate
methods of service delivery and possible partnerships and collaboration
strategies with Simcoe County and other municipalities.
6. Contents of Proposals
The Request for Proposal response submission shall include at a minimum the
following information and shall be submitted in the same format outlined:
The submission contents included must be submitted in full in five
(5) complete 8 ½ x 11 paper hard copies with binding, one (1) clearly marked
, four (4) clearly marked and one electronic copy in a single,
unrestricted PDF format on a CD or USB key:
a. Table of Contents, at the front of the submission
b. Completed Proponent Information Form
c. Company Background and Relevant Experience:
a) Provide an outline of your company background and experience in relation
to this municipal project;
b) Provide information on similar projects, which your company has been
involved with, including references;
c) Describe the unique strengths that your firm can bring to the project and how
these set your firm apart from others.
d. Personnel Summary:
a) Provide information related to the qualifications and experience of the
personnel who will be assigned to work directly on this project, including
resumes, documentation of accreditation and/or letters of reference.
Opuf;!Preference will be given to firms and personnel with operations technical
knowledge complemented with general management consulting experience.
e. Work Plan and Timelines
a) Provide a detailed work plan of the services to be provided, including all of the
tasks, milestones and timelines. Indicate the personnel responsible for each
task. The work plan schedule should have sufficient details to clearly
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Part I Project Terms Of Reference
demonstrate a full understanding of the timelines and complexities associated
with the completion of the project.
f. Completed Form of Proposal
g. Completed Schedule II List of References
h. Completed Conflict of Interest Form
i. Completed AODA Declaration Form
j. Budget
a) Provide a detailed budget sheet with number of hours, hourly rates and totals
assigned to each individual personnel assigned to this project. Note
provisional items and costing where appropriate;
b) Identify any out of pocket expenses & disbursements;
c) Identify any sub-consultant(s) that will be used on the project and
appropriately include their fees in the detailed budget sheet;
d) Completed Schedule I Proposed Pricing Schedule
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Part II Instructions to Proponents
1. Delivery of Proposals
The Form of Proposal, together with all supporting documentation, enclosed in an
envelope bearing the name of the Proponent and sealed with the submission label
provided herein affixed to the envelope, shall be received; date and time stamped at
the Township of Oro-Medonte Administration Office, 148 Line 7 South, Oro-Medonte,
ON, L0L 2E0 no later than 3:00:00 p.m. (15:00:00 hours) local time, on the specified
Closing Time.
Proposals time stamped 3:00:01 p.m. (15:00:01 hours) are late and shall be
deemed non-compliant and shall be returned to the Proponent unopened.
Proposals delivered in person, or by a courier service, without the submission label
affixed to the envelope, or Proposals that are not delivered to the designated location
by the Proponent or courier service may be rejected.
Delivery of the Proposals through a courier service shall be the responsibility of the
Proponent and shall result in the Proposal being rejected if:
a. the Proposal is not delivered to the location stated on the envelope;
b. the Proposal envelope is delivered to the Township after the Closing Time.
All Proposals shall be irrevocable and shall remain open for acceptance, at the
prices quoted, for up to ninety (90) calendar days from the Closing Time. In
submitting a Proposal, each Proponent agrees that, notwithstanding anything to the
contrary, the Township may notify the successful Proponent at any time within the
ninety (90) calendar days that its Proposal has been accepted.
Service losing Time of the RFP/!!
2. Electronic Submissions
Electronically transmitted submissions (facsimile, e-mail, etc.) will not be accepted for
this RFP.
3. Proposal Schedule
Task Date
th
Issue of Request For Proposal January 25, 2016
h
Receipt of Proponents Questions January 29, 2016
Response to Proponents Questions February 2nd, 2016
th
RFP Closing Time February 19, 2016
Note: Although every attempt will be made to meet all the dates, the Township
reserves the right to modify any or all dates at is sole discretion.
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Part II Instructions to Proponents
4. Competition Intended
It is the Township intent that this Request for Proposal (RFP) process permits
competition. It shall be the Proponents responsibility to advise the Director,
Recreation and Community Services in writing if any language, requirement,
specification, etc., or any combination thereof, inadvertently restricts or limits the
requirements stated in this RFP to a single source. Such notification must be
received no later than seven (7) calendar days prior to the date set for RFP Closing
Time.
5. Enquiries
All enquiries concerning this Proposal, including specifications, process and results
are to be directed in writing (e-mail) through:
Shawn Binns, Director Recreation and Community Services
sbinss@oro-medonte.ca
Enquiries shall not be directed to any other Township employee.
If required, Proponents who wish to submit questions must do so in writing. All
inquiries shall be e-mailed directly to sbinns@oro-medonte.ca, and receipt of the
inquiries shall be provided. No clarification requests will be accepted by
telephone.
A transcript of the questions and answers will be made available, via the method
authorized for advertising the RFP, on or before the date as listed in this document.
Questions or clarification will be answered individually in writing in a transcript, but
response(s) to any question that modified the scope of this document will be issued
as an Addendum and circulated via the method authorized for advertising the RFP.
6. Addendum/Addenda
Addendum/Addenda if required will be issued by the Director, Recreation and
Community Services and shall hereby form part and parcel of the Contract
Documents. Failure to acknowledge or respond to Addendum/Addenda issuedmay
result in a non-compliant submission. All Addendum/Addenda should be issued to
the Proponents forty-eight (48) hours prior to the Closing Time. It is the
responsibility of the Proponent to ensure they have received all Addendum/Addenda
that have been issued.
The Township of Oro-Medonte will assume no responsibility for oral
instructions or suggestions.
Prior to submitting their Proposal, Proponents should check the Townships website
(www.oro-medonte.ca) to verify they have received all Addenda.
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7. Site Meeting
A site meeting is not required for this RFP.
8. Mandatory Proposal Requirements
Failure to adhere to the following Mandatory Proposal Requirements shall result in
the Proposal being declared a non-compliant Proposal:
i. Proposals shall be received in a sealed envelope, as set out in the RFP, by the
Owner prior to the stated Closing Time;
ii. Proposals shall be submitted complete and in the original Form of Proposal, as
supplied, without any unauthorized alterations, additions, deletions or qualifying
statements made to or provided with the Form of Proposal.
iii. The Form of Proposal shall be riginal with an that is
signed in the spaces provided by a duly authorized official of the Proponent;
iv. Bid Security and/or Contract Security, Surety Consent Form or Letter of Credit
or Certified Cheque issued by or to be drawn against an Ontario based Surety
Company and/or Canadian chartered bank shall be submitted with the Form of
Proposal and shall reflect the correct amount (not applicable for RFP CS2016-
01);
v. The Proponent shall attend all mandatory site meetings, if applicable; and
vi. The Proponent shall be previously qualified, under a related pre-qualification
process, (not applicable for RFP CS2016-01).
If the Proposal is a joint submission of two (2) or more Proponents, a single Proposal
is to be coordinated and submitted by one (1) Proponent, who shall be identified as
the d Proponent and shall take full responsibility for all associated Proponents.
Signatures on behalf of a non-incorporated body or by individuals shall be witnessed.
In the case of an incorporated company, the corporate seal shall be affixed to the
Form of Proposal adjacent to the authorized signature.
9. Checking of Proposals
Proposals opened are checked by the Corporate Services Department to ensure that:
i. the required Bid security is provided and properly executed, if applicable;
ii. all Proposals submitted comply with the Mandatory Proposals Requirements;
iii. all arithmetic extension calculations are correct;
iv. where there is an obvious error in extensions, additions or computations, the
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Township shall be entitled to correct such errors based on the unit prices
supplied, and the corrected total shall be considered as representing the
intention of the Proponent, and shall be used as the basis for comparison of
Bids. For greater certainty, any failure by a Proponent to insert a unit price where
required shall be deemed to be a $ value;
v. all items as specified have been bid on;
vi. all strikeouts, erasures or overwrites are initialed by an authorized person;
vii. no claims or litigation proceedings have been instituted by the Proponent
against the Township, or in turn by the Township against the Proponent; and
viii. all addenda have been acknowledged on the Form of Proposal in the space
provided.
In any of the above circumstances where there are obvious or patent errors such as
misplaced decimals, the Owner shall consider the intent of the Proponent.
10. Late Submission
Proposals received after the Closing Time will not be considered during the selection
process and will be returned unopened to the respective Proponent.
11. Proposal Opening
Proponents are advised there will not be a public opening for this Request for
Proposal. Proposals received, by the date & time of closing, will be opened
administratively by respective members of the Corporation and/or the Evaluation
Team, at a time subsequent to the closing.
12. Amendment of Proposals
Proponents who have submitted a Proposal may amend it up to the Closing Time by
submitting a replacement Proposal. Amended Proposals must be sealed and
submitted in accordance with all other requirements included in this document. The
amended Proposal will clearly be marked and should clearly indicatethat
it replaces any other submitted version. In the case of a discrepancy, the Township
will deem the last Proposal received prior to the Closing Time, to be the valid
Proposal.
13. Right to Accept or Reject Proposal
The Corporation of the Township of Oro-Medonte reserves the right to accept any
Proposal, in whole or in part, that it feels most fully meets the selection criteria.
Therefore, the lowest cost Proposal, or any Proposal may not necessarily be
accepted as per Uif Upxotijq pg Psp.Nfepouf Qvsdibtjoh!boe!Ufoefsjoh!
Qspdfevsft! Cz.mbx $!3115.223. Township staff shall evaluate all Proposals received
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by the Closing Time and make evaluations and recommendations for acceptance.
14. Proposal Evaluation
An Evaluation Committee will evaluate each of the Proposals received in accordance
with the evaluation criteria as set out in the RFP Document. The Committee reserves
the right to enter into further discussions in order to obtain information that will allow
the Committee to reach a decision with a Proponent, and to waive irregularities and
omissions if, in doing so, the best interest of The Township will be served.
15. Evaluation Criteria
It is the responsibility of the proponents to provide sufficient information in the
Proposal to exhibit required abilities. Proponents are cautioned that organization of
their response, as well as thoroughness is critical to the evaluation process. All
required information should be furnished and presented in an organized,
comprehensive and easy to follow manner. Selection of a Proposal will be based on,
but not solely limited to, the following criteria and weighting:
Item Evaluation Criteria Points
1 Quality and Completeness of Proposal 15
2 Relevant Experience 20
3 Budget 25
4 Work Plan and Timelines 15
5 Personnel Summary and Company 20
Background
6 Client References 5
Total Available Points
211
Proposals will be assessed on the basis of information provided by the Proponent at
the time of submission and shall take into account subsequent interviews with the
Proponent as may be required.
Proposals may be considered for an interview/
Proposals will be evaluated on the basis of the following criteria. Each criteria will be
scored 1 through 5 with 5 being the best score. Each criteria has been assigned a
weighting factor that represents the significance relative to other criteria. The scores
for the criteria will be multiplied by the weighting factor assigned and the results will
be totaled out of 100.
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Criteria:
Note: Refer to the Form of Proposal for specifics relating to content requirements of
the Proposal.
1. Quality and Completeness of Proposal: 1 2 3 4 5 /15
Priority Factor: 3X
2. Relevant Experience: 1 2 3 4 5 /20
Priority Factor: 4X
3. Budget: 1 2 3 4 5 /25
Priority Factor: 5X
4. Work Plan and Timelines: 1 2 3 4 5 /15
Priority Factor: 3X
5. Personnel Summary and Company Background: 1 2 3 4 5 /20
Priority Factor: 4X
6. Client References: 1 2 3 4 5 /5
Priority Factor: 1X
Total Score ______________________ out of 100
Proposal evaluation results are the property of the Township. The Township intends
not to disclose evaluation results, under any circumstances, either before, during, or
after the RFP process. An award of an Agreement, if any, shall be based on the
evaluation results. By responding to this RFP, Proponents agree to accept the
recommendations of the Evaluation Committee as final and binding.
16. Presentation & Interview
The Township reserves the right to interview any or all of the Proponents that submit
a Proposal to provide the Evaluation Committee with additional insight into the
ability to meet the requirements as requested in the RFP. If required,
the interviews would be conducted by representatives of the Evaluation Committee
at the Township of Oro-Medonte Administration Centre within seven (7) calendar
days of the RFP closing time and shall follow this general format:
c. Introduction Team (5 minutes)
d. Proponent Presentation of the Proposal (15 minutes)
e. Questions from Evaluation Committee (15 minutes)
f. Questions from Proponents (5 minutes)
Proponents will be notified of the final format for interviews/presentations in advance.
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17. Award Determination
Consideration for award shall only be undertaken in relation to Proponents who are
determined by the Township to have satisfied all the requirements.
The Evaluation Committee hereby reserves the right, privilege, entitlement and
absolute discretion, and for any reason whatsoever to:
i. Recommend acceptance of a Proposal which is not the lowest Proposal
submission, or recommend rejection of a Proposal that is the lowest Proposal even
if it is the only Proposal received;
ii. Recommend acceptance of the Proposal deemed most favourable to address the
scope of work.
iii. Recommend acceptance or rejection of any and all Proposals, whether in whole or
in part;
iv. Recommend acceptance or rejection of any unbalanced, irregular, or informal
Proposals; or
v. Recommend rejection of any Proponent who is involved in litigation with the
Township.
The Evaluation Committee reserves the right to consider, during the evaluation of
Proposals:
vi. Information provided in the Proposal itself;
vii. Information provided in response to enquiries of credit, experience and
industry references set out in the Proposal;
viii. Information received in response to enquiries made by the Owner of third
parties apart from those disclosed in the Proposal in relation to the reputation,
reliability, experience and capabilities of the Proponent;
ix. The manner in which the Proponent provides services to others;
x. The experience and qualification of the Proponen
project management;
xi. The compliance of the Proponent with the s requirements and
specifications; or
xii. The Proponent acknowledges that the Owner may rely upon the criteria, which
the Owner deems relevant; even though such criteria may not have been
disclosed to the Proponent. By submitting a Proposal, the Proponent
acknowledges the s rights under this section and absolutely waives any
right, or cause of action against the Owner, by reason of the failure to
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accept the Proposal submitted by the Proponent, whether such right or cause of
action arises in Project, negligence, or otherwise.
18. Execution of Award
The Successful Proponent, if any, shall sign the Contract in triplicate (3), within
seven (7) calendar days of written notification of acceptance.
The following completed documents, as listed, shall be submitted prior to or at the time
of signing:
a. Agreement signed and sealed in triplicate;
b. Contract Security, if applicable;
c. current Insurance Certificate;
d. a current copy of the Workplace Safety and Insurance Board Certificateof
Clearance;
e. Payment Information, if applicable;
f. AODA Declaration Form and;
g. Any other documentation requested within this RFP.
19. Order of Precedence
The Successful Proponent understands that the Contract shall consist of the
following documents, ranked in order of priority, from highest to lowest:
a. The duly signed Agreement preceding the Schedules;
b. s Change Orders (including any purchase orders issued for these
Change Orders);
c. the Schedules of the Agreement;
d. any addenda to the RFP;
e. the RFP Document;
f. any modifications to the Proposal acceptable to the Township, in its
sole discretion; and
g. the Proposal submitted by the Proponent.
The Contract shall constitute the entire agreement between the parties pertaining to
the subject matter of this RFP and shall supersede all prior agreements,
understandings, negotiations and discussions, oral or written, between the parties or
any documentation that may otherwise accompany the Work. Any conflict or
inconsistency between the components of the Contract shall be resolved, to the
extent of any conflict or inconsistency, in accordance with the order of authority
stated above.
The Township reserves the right to include additional terms and conditions duringthe
process of Contract negotiations. These terms and conditions shall be within the
scope of the original RFP and Contract documents and will be limited to cost,
clarification, definition and administrative and legal requirements.
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20. Alternative Dispute Resolution.
(a) If requested in writing by either the Township or the Proponent, the Township and
the Proponent shall attempt to resolve any dispute between them arising out of or
in connection with this Contract by entering into structured non-binding negotiations
with the assistance of a mediator on a without prejudice basis. The mediator shall
be appointed by agreement of the parties. If a dispute cannot be settled within a
period of ninety (90) calendar days with the mediator, the dispute shall be referred
to and finally resolved by arbitration under the rules of the province having
jurisdiction or by an arbitrator appointed by the agreement of the parties.
(b) No person shall be appointed to act as mediator or arbitrator who is in any way
interested, financially or otherwise, in the conduct of the work on the project or in
the business or other affairs of either the Township or the Proponent.
(c) The award of the arbitrator, including an award for costs if applicable, shall be final
and binding upon the parties.
(d) The provisions of the Bscjusbujpo Bdu-!2::2, S.O. 1991, Chapter 17, as amended shall
apply.
21. Contract Additions & Deletions
The Township reserves the right to add and/or delete any item(s) from the Contract.
Deletions will not result in any penalty in any form.
22. Proponent Qualifications
Qualified Proponents are those which:
Have sufficient facilities and resources to meet the Townships needs;
Will provide all of the Townships key service requirements;
Demonstrate reasonable flexibility and willingness to work with the Township as a
business partner;
Have demonstrated sufficient technical and management knowledge and
experience to deliver expected outcomes;
Have experience with clients requiring services of a similar scope and
complexity as the Township of Oro-Medonte and provide contact details for
these clients.
23. Proponent's Statement of Understanding
It is understood that Proponents have carefully examined all of the Contract
Documents and have carefully examined the Work to be performed under the Contract
if awarded. The Proponent also understands and accepts the said Contract
Documents, and for the prices set forth in the Proposal to be firm for the length of the
project.
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24. Term of Contract
The term of contract will become effective upon award to the successful Proponent(s)
and shall remain in effect for the entire period of the work.
25. Irrevocability of Proposals
By submission of a clear and detailed written notice, the Proponent may amend or
withdraw its Proposal prior to the closing time. Upon closing time, all Proposals
become irrevocable. By submission of a Proposal, the Proponent agrees that should
its Proposal be deemed successful the Proponent will enter into a Contract with the
Township.
26. Errors and Omissions
No oral interpretation shall be effective to modify any provisions of the Contract
Documents. Any modification or clarification shall be by written Addendum. The
Addendum(s) shall form part of the Contract Documents.
27. Proponents Expenses
Proponents are solely responsible for their own expenses in preparing a Proposal and
for subsequent negotiations with the Township, if any. If the Township elects to reject
all Proposals, the Township will not be liable to any Proponent for any claims, whether
for costs or damages incurred by the Proponent in preparing the Proposal, lossof
anticipated profit in connection with any final Contract, or any other matter whatsoever.
28. Changes to Proposal Wording
The Proponent will not change the wording of its Proposal after closing and no
words or comments will be added to the Proposal unless requested by the Township
for purposes of clarification.
29. Price Components
All prices will be quoted in Canadian Funds.
Prices must be expressed in accordance with the unit of measure specified in the
document.
Prices documented shall be net prices including transportation and delivery charges
fully prepaid by the Proponent to any specified destination within the limits of the
Township, unless a breakdown is requested on the Schedule I Proposed Pricing
Schedule.
The Township reserves the right to correct patent computational or other
mathematical errors evident on the face of the bid; however unit prices will not be
adjusted.
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30. Freedom of Information
All Proposals submitted to the Owner become the property of the Owner and as
such, are subject to the Nvojdjqbm Gsffepn pg Jogpsnbujpo boe Qspufdujpo!pg Qsjwbdz
Bdu ).
All correspondence, documentation and information provided to staff of the Township
by any Proponent in connection with, or arising out of this RFP, and the submission of
any Proposal will become the property of the Township and as such is subject to
MFIPPA, and may be released, pursuant to the Act. The s name at a
minimum shall be made public upon request.
In-line with MFIPPA, Proponents are advised to identify in their Proposal material, any
scientific, technical, commercial, proprietary or similar confidential information, the
disclosure of which could cause them injury. Any information in the Proponents
submissions that is not specifically identified as confidential will be treated as public
information. All correspondence, documentation and information provided to the
Evaluation Committee may be reproduced for the purposes of evaluating the
Proponents submissions to this RFP.
31. Bribery/Fraud
Should any prospective Proponents or any of their agents give or offer any gratuity or
to attempt to bribe any employee of the Owner, or to commit fraud, the Owner shallbe
at liberty to cancel the prospective s Proposal and to rely upon the Bid
Security submitted for compensation, if applicable.
32. Cancellation
i. In the event the Successful Proponent does not comply with the specifications,
terms and conditions, and scope of work, at any time throughout the duration of
the Contract, the Contract shall be cancelled in accordance with the terms
contained herein.
ii. The Owner upon non-performance of Contract terms may cancel the Contract;
however, in doing so, the Owner does not waive its right to rely upon any
obligations or commitments agreed to by the Proponent as part of their Proposal.
The Proponent remains liable for the difference between the next acceptable
Proposal of goods and/or service Proposal prices.
iii. Where there is a question of non-performance, payment in whole or in part may
be withheld at the discretion of the Owner. This action shall not prevent the
Owner from taking early payment discounts otherwise applicable.
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33. Insurance
The successful Proponent shall maintain and pay for Commercial General Liability
Insurance with an insurer acceptable to the Owner. The coverage shall include
premises and all operations liability to be performed by the Proponent. This insurance
coverage shall be subject to limits of not less than Two Million Dollars
($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to
property including loss of use thereof for any one occurrence.
i. The CGL policy shall include The Corporation of the Township of Oro-
Medonte as an additional insured in respect to all operations performed by
or on behalf of the Successful Proponent.
ii. The Successful Proponent shall be entirely responsible for the cost of any
deductible, which is maintained in any insurance document.
iii. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse,
without thirty (30) days prior written notice to the Owner.
In addition, Professional Liability Insurance is required, in an amount of not less than
Two Million Dollars ($2,000,000) inclusive per claim/ All required insurance would be
endorsed to provide the Township within 30 days advance written notice of
cancellation or material change. The Service provider will provide the Townshipwith
evidence of the required insurance, in the form of a completed Certificate of Insurance,
immediately following execution and delivery of the Contract.
Where applicable the successful Proponent shall carry standard automobile and non-
owned automobile liability insurance and shall protect themselves against all liability
arising out of the use of owned or leased vehicles, used by the Successful Proponent,
its employees or agents. The limits of the liability for both owned and non-owned
vehicles shall not be less than Two Million Dollars ($2,000.000.00) per occurrence.
34. Workplace Safety and Insurance Board (WSIB)
The successful Proponent shall be required to supply a Certificate from the Workplace
Safety and Insurance Board prior to the start of the Contract and thereafter upon
request during the life of the Contract indicating that all of the assessments the
successful Proponent or any sub-consultant is liable to pay under the Worker'sSafety
Insurance Board Act or successor legislation have been paid and they are in good
standing with the Board.
Effective January 1, 2013, Bill 119 legislates that all Consultants, Contractors and
Sub-Contractors, categorized under Class G: Construction, shall have a WSIB account
and clearance coverage prior to commencing any Contract.
Alternatively, if the Successful Proponent is an Independent Operator and is not
categorized under Class G: Construction, the Successful Proponent must submit a
letter from the WSIB, confirming that s/he has Independent Operator Status underthe
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WSIB Act. If the Successful Proponent does not have Independent Operator Status,
the Successful Proponent shall;
I. Complete an Independent Operator Status Questionnaire upon being awarded the
Contract; and,
II. fund all costs associated with any appeal of a determination by WSIB that the
proponent/contractor is not an Independent Operator; and,
III. provide proof of s Liability Insurance in an amount not less than two
million dollars ($2,000,000) per occurrence (provided either by WSIB or the
successful s insurance provider).
The Successful Proponent acknowledges and agrees that the Township is not hiring
an employee(s) to perform the work associated with this RFP. As such, the Township
reserves the right to terminate all Contracts associated with this RFP if all appeals
have been exhausted and the Successful Proponent is determined by WSIB or court
or tribunal of competent jurisdiction to be an employee.
35. Regulation Compliance and Legislation
The Successful Proponent shall ensure all services and products provided in respect
to this Contract are in accordance with and under authorization of all applicable
authorities, Municipal, Provincial and Federal legislation, including but not limited to:
The Occupational Health and Safety Act and its regulations;
The Workplace Safety & Insurance Act and its regulations;
The Municipal Act and its regulations;
36. Laws of Ontario
Any Contract resulting from this Request for Proposal will be governed by and will be
construed and interpreted in accordance with the laws of the Province of Ontario.
37. Indemnification
The Successful Proponent shall indemnify and save harmless the Owner, its Agents
and employees from and against any and all liability whatsoever for losses, liens,
charges, claims, demands, payments, suits, actions, recoveries and judgments
(including legal fees and expenses) of every nature and description brought or
recovered against either the Owner, its Agents and employees, or the Successful
Proponent by reason of a negligent act, error or omission of the Successful Proponent,
its Agents, employee or licensees in providing the services, including, without limiting
the generality of the forgoing, loss or damage to property, injury or the death of any
persons, alleged copyright, patent or other intellectual property rights infringement or
interference, defective design or damage to the environment.
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38. Force Majeure
Neither party shall be responsible for any delay or failure to perform its obligations under
the Contract where such delay or failure is due to fire, flood, explosion, war, embargo,
Governmental action, Act of Public Authority, Act of God, or to any other cause beyond
its control, except labour disruption.
In the event Force Majeure occurs, the party who is delayed or fails to preform shall
give prompt notice to the other party and shall take all reasonable steps to eliminate
the cause.
Should the Force Majeure event last for longer than 30 calendar days, the Owner may
terminate this Contract by notice to the successful Proponent without further liability,
expense or cost of any kind.
39. Severability
Should any term or portion of this Contract be found to be invalid or unenforceable, the
remainder shall continue to be valid and enforceable.
40. Termination of Contract
The Owner may terminate this contract at any time without penalty upon giving written
notice to the Proponent, if, in the sole opinion of the Owner, the Proponent is unable to
deliver the service as requi performance of the service is
persistently faulty or below the required standard, or, the Proponent becomes insolvent
or commits an act of bankruptcy.
41. Termination by Notice
The Owner may terminate this contract at any time upon notice to the Proponent,
whereupon the Owner shall only be liable for any Proponents fees and expenses for
satisfactorily completed work up to the date of the termination and not thereafter.
42. Termination for Cause
The Owner reserves the right in its sole discretion to terminate this contract, in whole or
in part, at any time, without penalty, expense or further liability of any kind:
a. At any time, upon notice to the Proponent, for a major breach of the terms ofthis
Contract by the Proponent;
b. At any time, upon notice to the Proponent, following the failure of the Proponent
to satisfactorily remedy, repair or replace any defector or deficiency in the
s performance of the Contract, after having been given notice to do
so by the Owner;
c. At any time if the Proponent makes an assignment for the benefit of its creditors,
a proposal of compromise with its creditors, a declaration of its voluntary
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bankruptcy or insolvency, a placing or its cessation or winding up of its business,
in whole or in part;
d. At any time if a Force Majeure event preventing performance of the Contract by
either party continues for longer than thirty (30) consecutive days; or
e. As otherwise provided in this Contract.
The s rights of termination shall be in addition to any other rights or remedies it
may have in law, in equity or under this Contract.
43. Suspension of Work
The Owner may in its sole discretion at any time upon notice to the Proponent in
writing suspend the performance of the Work, in whole or in part, for a specified or
unspecified time.
Upon receiving notice of the suspension, the Proponent shall immediately suspend all
operations concerning that identified portion of the Work except such Work as is
necessary in the opinion of the Owner to care for, preserve and protect the Work.
During the period of suspension, the Proponent shall only be entitled to be reimbursed
for its reasonable, proper and actual expenses in caring for, preserving and protecting
the Work.
Should the period of suspension of the Work, in whole or in part, last longer than
thirty (30) calendar days or such longer period as the parties may agree upon in
writing, either party to the contract may consider the contract to be terminated by
mutual agreement without further liability.
44. Suspension In Future
In the event the Proponent fails to provide quality service, equipment or personnel, as
determined by the Owner in its Sole discretion, the Proponent may be deemed
ineligible for similar work in future competitions for contracts issued by the Owner.
45. Failure to Comply with Owner Decisions
If the Proponent fails to comply with any decision or direction of the Owner made
pursuant to the Contract, the Owner may, upon notice to the Proponent, employ such
methods as the Owner deems advisable to do that which the Proponent failed todo,at
the Proponent cost and expense.
The Proponent shall be liable for and shall upon demand pay to the Owner an amount
equal to the aggregate of all costs, expenses and damages including the cost ofany
methods the Owner employed by reason of the Propons failure to comply as
above.
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46. Evaluation of Performance
At project completion, the Township will conduct an evaluation of the Proponents
overall performance with input from the Townships Inspectors or consultants if
applicable. This evaluation will be reviewed with the Proponent and recommendations
will be put forward as to the overall suitability of future
Township of Oro-Medonte work. It must also be noted that while overall performance is
being evaluated, the Township reserves the right to suspend a Proponent for extreme
or repeated inadequate grades on any issues related to health and safety, specifically
items public safety and traffic control, compliance with all WSIB provisions,
maintenance of employee safety standards, compliance Ministry of Labour regulations.
The evaluation shall be placed on file and a copy will be provided to the Proponent.
This information may be made available to persons requesting Owner references for
the Contract.
The Proponent hereby authorizes the maintenance and release of this information.
47. Time is of the Essence
The Owner shall have the right to cancel at any time any project or any part of any
project resulting from this RFP in respect to the goods, materials, articles, equipment,
work or services, covered thereby, not delivered or performed by the specified time in
the written document, without incurring any liability whatsoever in respect hereto.
e is of the essence
48. Safety Standards
It is the responsibility of the Successful Proponent to Work in a safe and orderly
manner so as not to constitute any safety hazards.
49. Non-Waiver
No condoning, excusing or overlooking by the Owner of any default, breach or non-
observance by the Successful Proponent at any time or times in respect of any
provision herein contained shall operate as a waiver of the Owner's right hereunder in
respect of any continuing or subsequent default, breach or non-observance or so asto
defeat or affect in any way the rights of the Owner herein in respect of any such
continuing or subsequent default or breach, and no waiver shall be inferred from or
implied by anything done or omitted by the Owner save only an express waiver in
writing. Any Work completed by the Owner required by this agreement to be done by
the Successful Proponent shall not relieve the Successful Proponent of his/her
obligations to do that Work.
50. Non-Assignment
The Successful Proponent may not assign this Contract nor any Work to be
performed under this Contract or any part hereof without the prior written consent of
the Owner. Such written consent however shall not under any circumstances relieve
the Successful Proponent of his/her liabilities and obligations under this Contract and
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shall be within the sole and unfettered discretion of the Owner.
51. Emergency Telephone Number
Prior to commencing, the Work, the Successful Proponent shall provide the Owner
with the name(s) and telephone number(s) of his/her representative(s) who can be
contacted on a 24-hour basis in case of an emergency during the term of the Contract.
52. Personal Property Security Act
The Successful Proponent warrants that the goods/inventory/equipment being
supplied to the Owner, are free and clear of all liens, charges, encumbrances,
mortgages, hypothecations, copyright, patents or any third party statutory claims.
53. Confidentiality of Information
Proponents receiving this RFP may not use, disclose, or duplicate it for any purpose
other than to prepare a response. Proponents shall keep the Township data
confidential and shall not disclose its content to any other party, other than to those
internal employees or agents responsible for preparing a submission, without the prior
written approval of the Township. Receipt of this RFP does not entitle the Proponent
to associate its services with the Township in any way, nor represents in any way that
the Township has employed or endorsed the s services. Any such
association or endorsement being contemplated by the Proponent must receivethe
prior written approval of the Township.
The Township will not disclose or share a Proponent's response to this RFP with other
Proponents or other organizations.
The submission of a Proposal indicates acceptance by the Proponent of all of the
conditions contained in this Request for Proposal unless clearly and specifically noted
in the Proposal submitted and confirmed in the formal Contract between the Township
and the Successful Proponent. Deviations from the Request for Proposal must be
clearly identified in the written submission. Proposals are subject to a formal Contract
being negotiated, prepared and executed. The Township reserves the right to
negotiate the terms and conditions of the Contract.
54. Conflicts of Interest
Proponents(s) shall disclose, in their submission, all perceived, potential, and actual
Conflicts of Interest. For the purposes of this RFP, Conflict of Interest includes:
any situation or circumstances where, in relation to this RFP and/or the Contract,
the Proponent(s) other commitments, relationships or financial interests could or
could be perceived to exercise an improper influence over the objective, unbiased
and impartial exercise of independent judgment by any personnel of the Evaluation
Committee or the Township;
any situation or circumstances where any person(s) employed by the Township in
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any capacity;
has a direct or indirect financial interest in the award of the Contract to any
Proposal(s);
is currently employed by, or is a sub-contractor or a consultant to a
Proponent(s);
is negotiating or has an arrangement concerning future employment or
contracting with any Proponent(s);
has an ownership interest in, or is an officer or director of, any
Proponent(s).
If a Proponent(s) discovers, at any time, any perceived, potential, or actual Conflicts of
Interest, the Proponent(s) shall promptly disclose the Conflict of Interest by sendinga
written statement clearly identifying the conflict to Shawn Binns, Director Recreation
and Community Services.
Failure of any Proponent(s) to comply with this section may result in the
disqualification of the Proponent(s) and the rejection of its submission.
Without limiting the generality of the Townships rights, the Township may, in itssole
discretion:
exclude any Proponents(s) and its submission on the grounds of Conflict of
Interest;
waive any and all perceived, potential or actual Conflicts of Interest upon such
terms and conditions as the Township, in its sole discretion, requires tosatisfy
itself that the Conflict of Interest has been appropriately managed, mitigated
and minimized.
In the event any Proponent(s) is found to be in a potential Conflict of Interest duringthe
term of the Contract, the Proponent shall disclose the said conflict immediately. The
Township reserves the right to request any Proponent(s) cure the conflict to the
Townships complete satisfaction. Failure to cure the conflict shall result in
disentitlement to any compensation under this Contract.
55. Township Not Employer
The Proponent agrees that The Corporation of the Township of Oro-Medonte is not to
be understood as the employer to any Successful Proponent nor to such Successful
s personnel or staff for any work, services, or supply of any products or
materials that may be awarded as a result of this RFP. It is understood that the
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Successful Proponent will act as an independent contractor.
56. Township of Oro-Medonte Purchasing and Tendering Procedures By-Law #
2004-112
It is the responsibility of all Proponents to become familiar with and comply with The
Township of Oro-Medontes Purchasing and Tendering Procedures By-law. The
TownshipPurchasing and Tendering Procedures By-law can be found on Township
website: www.oro-medonte.ca
57. Working Language
The working language of the Township of Oro-Medonte is English and all responses to
this Request for Proposal must be English.
58. Intellectual Property
All information and data, in any form, together with all designs or materials capable of
intellectual property protection, prepared, developed or created by the Proponent, its
employees or agents during the performance of and/or pursuant to this work shall
automatically become the property of the Township. Proponents and their employees
and agents each agree to sign whatever documentation may be necessary to givefull
force and effect to this paragraph.
59. Accessibility
In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer
Service Section 6, every provider of goods and services shall ensure that everyperson
who deals with members of the public or participates in the developing of the service
providers policies, practices and procedures governing the provision of goods and
services to members of the public, shall be trained on the following:
1. How to interact and communicate with persons with various types of disability
2. How to interact with persons with disabilities who use assistive devices or require
the assistance of a guide animal, or a support person
3. How to use assistive device equipment that is available on the premises that may
help in the provision of accessible goods or services
4. What to do if a person with a particular type of disability is having difficulty
accessing the provider's goods or services
5. Information on the policies, practices and procedures governing the provisionof
goods and services to people with disabilities.
Contracted employees, third party employees, agents and others that provide services
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to the public on behalf of the Township of Oro-Medonte must meet the requirements of
Ontario Regulation 429/07 with regard to training under the Bddfttjcjmjuz gps Poubsjbot
xjui Ejtbcjmjujft Bdu (AODA).
A document describing your training policy or procedure, a sample copy of training and
details of training dates and attendees may be required to be submitted to the
Township prior to the commencement of any work.
60. Township of Oro-Medonte Payment Terms
The Township payment terms are 30 days from receipt of Invoice.
Harmonized Sales Tax (HST) is an extra and shall be identified separately in the
Contract Documents and on all invoices.
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Part III Form of Proposal
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Form of Proposal
Township of Oro-Medonte
148 Line 7 South, Oro-Medonte, ON L0L 2E0
RFP#: CS 2016-01
Operations Service Review
Documents to Be Enclosed With This Form of Proposal
Complete Contents of Proposal
Proponents Information Form Signed & Sealed
Schedule II - List of References
Conflict of Interest Form
AODA Declaration
Budget
Upon Award
W.S.I.B Certificate (upon award)
Certificate of Insurance (upon award)
Other information to be included
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Part III Form of Proposal
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Proponents Information Form
Proponents must complete this form and include with their Submission.
Please ensure all information is legible.
1. Company Name
2.
Proponents Main Contact
Individual
3.
Address (include postal address)
4. Office Phone #
5. Toll Free #
6.
Cellular #
7. Pager #
8. Fax #
9.
e-mail address
10. Website
11. HST Account #
12.
Will you accept payment by
YES: NO:
Visa?
Acknowledgement of Receipt of Addenda
This will acknowledge receipt of the following addenda and, that the pricing
quoted includes the provision set out in such addenda
Addendum # Date Received
#
#
Check here if no Addendum received.
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Conflict of Interest
Prior to completing this portion of the Form of Proposal, Proponents(s) should refer
to the definition of Conflict of Interest set out in the RFP.
Check the box that applies:
The Proponent(s) declares that there jt opu an actual or potential Conflictof
Interest relating to the preparation of its Proposal and/or the Proponent(s) donot
foresee an actual or potential Conflict of Interest in performing the services required
under the Contract.
The Proponent(s) declares that there jt an actual or potential Conflict of
Interest relating to the preparation of its Proposal, and/or the Proponent(s) foresees
an actual or potential Conflict of Interest in performing the services required under the
Contract.
If the Proponent(s) declares an actual or potential Conflict of Interest by marking the
box above, the Proponent(s) must set out below details of the actual or potential
Conflict of Interest:
The Proponent(s) agrees that, upon request, the Proponent(s) shall provide the
Township with additional information on the Conflict of Interest.
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Part III Form of Proposal
To The Corporation of the Township of Oro-Medonte, Hereafter called the
"Owner":
I/We the
undersigned declare:
1. That I/We represent that no person, firm or organization, other than the
Proponent, has any interest in this Proposal or in the proposed Contract for
which said Proposal is made.
2. That I/We declare that there is no perceived, potential, and/or actual Conflicts of
Interest relating to the preparation of this Proposal and/or I/We do not foresee an
actual or potential Conflict of Interest in performing the services required under
the Contract, unless otherwise declared.
3. That this Proposal is made without any connections, knowledge, comparison of
figures or arrangements with any other company, firm or person making a
Proposal for the same Work and is in all respects fair and without collusion or
fraud.
4. I/We represent that no member of the Council, and no officer or employee of the
Owner, is, or has become interested, directly or indirectly, as a contracting party,
partner, stockholder, surety or otherwise howsoever in or on the performance of
the said Proposal, or in the supplies, Work or business in connection with the said
Proposal, or in any portion of the profits thereof, or of any supplies to be used
therein, or in any monies to be derived there from.
5. That the several matters stated in the said Proposal are in all respects true
accurate and complete.
6. That I/We do hereby propose and offer to enter into an agreement to supply and
deliver all materials mentioned and described or implied therein including in
every case freight, duty, currency exchange, H.S.T. in effect on the date of the
acceptance of Proposal, and all other charges on the provisions therein set forth
and to accept in full payment therefore, in accordance with the prices and terms
set forth in the Proposal herein.
7. That additions or alterations to or deductions from the said Proposal, if any, shall
be made in accordance with the prices stated in Provisional Items of the
Schedule of Unit prices in strict conformity with the requirements of the Proposal
and all unused monies in Provisional Items shall be deducted from the finalcost
of the Work and any quantities exceeding those shown shall be added.
8. That this Proposal is irrevocable and open to acceptance until the formal Proposal
is executed by the awarded Proponent for the said Work or Ninety (90) Calendar
Days, and prices for as long as stated elsewhere in the document, whichever
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Part III Form of Proposal
event first occurs and that the Owner may at any time within that period without
notice, accept this Proposal whether any other Proposal has been previously
accepted or not.
9. That if the Proposal is accepted, I/We agree that the Contract shall constitute the
entire agreement between the parties and shall supersede all prior agreements,
understandings, negotiations and discussions, oral or written, between the
Proponent and the Owner or any documentation that may otherwise accompany
the Work. Any conflict or inconsistency between the components of the Contract
shall be resolved, to the extent of any conflict or inconsistency, in accordance
with the order of authority stated in Order of Precedence in this RFP.
10. That if the Proposal is accepted, I/We agree to furnish all documentation, security
and certifications as required by the Proposal and to execute the agreement in
triplicate within seven (7) calendar days after notification of award. If I/Wefail to
do so, the Owner may accept the next highest ranked or any Proposal or to
advertise for new Proposals, or to carry out completion of the works in any other
way they deem best and I/We also agree to pay to the Owner the difference
between this Proposal and any greater sum which the Owner may expend or
incur by reason of such default or failure or by reason of such action as aforesaid
on their part, including the cost of any advertisement for new Proposals, and shall
indemnify and save harmless the Owner and their officers from all loss, damage,
cost, charges and expense which they may suffer or be put to by reason of any
such default or failure on my/our part.
11. That I/We agree to save the Owner, its agents, or employees, harmless from
liability of any kind for the use of any composition, secret process, invention,
article or appliance furnished or used in the performance of the Proposal of
which the Proponent is not the patentee, assignee, or licensee.
12. I/We hereby accept and agree that the Total Proposed Price (including HST) as
stated in the Form of Proposal will form an integral part of this contract.
13. The Proponent hereby accepts and agrees that the Addenda referred to
in this document form an integral part of this contract.
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Part III Form of Proposal
The undersigned affirms that he/she is duly authorized to execute this Proposal.
Proponent's Signature and Seal:
(I have authority to bind the company)
Position:
Witness:
(If not under seal)
Position:
(If Corporate Seal is not available, documentation shall be witnessed)
Dated at the
(City/Township)
This day of 2016.
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Schedule I Budget
Operation Service Review
The Total Proposed Pricing shall be all inclusive, including but not limited to, mileage,
disbursements, and travel time.
Description Lump Sum Fee
All works as described within the RFP document $
Subtotal $
HST $
Total Proposed Pricing %
The Total Proposed Price (excluding HST):
Epmmbst!
)% *-
in lawful money of Canada.
Inserted price in words take precedence over numeric
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Schedule II - List of References
The Proponent shall provide below three (3) separate references other than the
Township-!having purchased a similar size and design of goods and/or services as
specified herein for a previous five (5) year period from the issuance of this
document.
Project Name:
Company for whom the work was completed:
On the project did your firm act as:
Prime Consultant Sub Consultant
Value of your portion of the project? Date of Completion of this project?
Contact Name at the s facility: s Email Address:
Telephone Number with Area Code: Fax Number with Area Code:
Project Name:
Company for whom the work was completed:
On the project did your firm act as:
Prime Consultant Sub Consultant
Value of your portion of the project? Date of Completion of this project?
Contact Name at the s facility: s Email Address:
Telephone Number with Area Code: Fax Number with Area Code:
Project Name:
Company for whom the work was completed:
On the project did your firm act as:
Prime Consultant Sub Consultant
Value of your portion of the project? Date of Completion of this project?
Contact Name at the s facility: s Email Address:
Telephone Number with Area Code: Fax Number with Area Code:
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Reference Release Form
I (authorized signatory for the Proponent)
authorize the Township to contact the person and/or organization listed on the List of
References, for the purpose of obtaining information relating to the Proponent and
Project.
The Township reserves the right to call references if in its sole discretion finds a need
to do so. The Township reserves the right to check other references other than listed
herein.
If the Township is unable to obtain a satisfactory reference or if the reference does
not respond to the reference call or if the reference chooses not to comment, the
reference will be deemed unsatisfactory.
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Part IV Agreement
Draft Amended Upon Award
Terms and Conditions of Professional Services Agreement (Short Form)
This Agreement made this day of 2016.
Between
The Corporation of the Township of Oro-Medonte hereinafter called the
And
hereinafter called the
Whereas the Owner has awarded to the Proponent the Proposal for;
RFP # DT
3127.12
Operations Service Review
According to the terms and conditions herein referred to, the Proponent having put
in a Proposal therefore, a copy of which is hereto annexed, which Proposal was
accepted by the on the;
day of 2016.
Scope of Work
1. The Corporation of the Township of Oro-Medonte Township) hereby retainsthe
Consultant to provide the Services as specified below and in the Townships
Request for Proposal document ) under the general guidance and direction
of the Township:
The Proponent shall provide the Township with a comprehensive Operations
Service Review, recommendations and implementation plan 2016-2020.
2. The Proponent agrees to supply, at its sole cost and expense, all staff, equipment
and technical assistance necessary to perform the Services as stipulated herein.
Contract Documents and Order of Precedence
1. The Professional Services Agreement () shall consist of the RFP,
the Proponens Proposal and these Terms and Conditions. In the event of
conflicts or inconsistencies between these documents, the terms of these Terms
and Conditions shall prevail over the RFP and the Proposal, and the terms of
the RFP shall prevail over the Proposal.
Fees and Disbursements
1. The Township shall pay to the Proponent as full payment and compensation for
the Services an amount not to exceed the upset limit of the Total Proposed
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Pricing by the Township, including all disbursements but excluding the
harmonized sales tax. No payment in excess of this amount shall be made
without the Townships prior written authorization.
2. During the term of the Agreement, the prices quoted by the Proponent are not
subject to change without the prior written consent of the Township and the
Proponent shall not be entitled to any increases in the upset limit or to the prices for
any of the individual items.
3. Provided that the Consultant is not in default of its obligations under the
Agreement, and provided that the Township does not dispute the invoice submitted
by the Consultant, the Township shall pay each invoice submitted within thirty (30)
days of receipt. The Consultant shall not be entitled to any interest upon any
payments made by the Township beyond the 30-day period.
Workplace Safety and Insurance Board (WSIB)
1. The Consultant must be in good standing with the Workplace Safety and Insurance
Board and shall furnish the Township with satisfactory evidence, in the formofa
valid WSIB Clearance Certificate, prior to commencement of the Services under the
Agreement, upon presentation of a final invoice and at any other time during the
Agreement at the Townships request.
2. The Consultant shall maintain its WSIB Insurance or pay such assessments as will
protect the Consultant and the Township from claims under Workplace Safety and
Insurance Act, and, from any other claims for damage from personal injury,
including death, which may arise from the Consul
Agreement.
3. In the event that the Consultant is not required by law to be registered with WSIB,
confirmation of s liability insurance in the amount of $2 million
($2,000,000.00) is required. Such coverage shall be confirmed by a Certificate of
Insurance.
Compliance with Laws
1. The Consultant acknowledges that it is aware of the provisions of the Occupational
Health and Safety Act (Ontario), the Environmental Protection Act, the Human
Rights Code, the Pay Equity Act (Ontario), and any other applicable Federal,
Provincial, and/or Municipal statutes, regulations, policies and guidelines
thereunder and agrees to comply with, and cause to be complied with, the
provisions thereof as such statutes, regulations, policies and guidelines may be
amended or replaced from time to time.
2. The Consultant shall do, shall cause to be done, shall refrain from doing, and/or
shall prohibit from being done, any act or thing as directed by the Townshipif,at
any time, the Township considers that any situation or condition is unsafe,
damaging to the environment or contrary to the provisions of any applicable
statutes, regulations, policies or guidelines.
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Part IV Agreement
Records and Audit
1. The Township shall have the right to audit all books and records (in whatever
form they may be kept, whether written, electronic or other) relating or pertaining
to the Agreement (including any and all documents and other materials, in
whatever form they may be kept, which support or underlie those books and
records), kept by or under the control of the Consultant, including, but not limited
to those kept by the Consultant, its employees, agents, assigns, successors and
subcontractors. The Consultant shall maintain such books and records, together
with such supporting or underlying documents and materials, for the durationof
this contract or agreement and for at least two years following the completion of
the Agreement, including any and all renewals thereof. The books and records,
together with the supporting or underlying documents and materials shall be
made available, upon request, to the Township, through its employees, agents,
representatives, contractors or other designees, during normal business hours at
the Consultant's office or place of business. In the event that no such locationis
available, then the books and records, together with the supporting or underlying
documents and records, shall be made available for audit at a time and location
in the Township of Oro-Medonte, Ontario, which is convenient for the Township.
Use of Work
1. Notwithstanding any other provisions of the Agreement, the Township shall have
the right to take possession of, and use, any completed or partially completed
portions of the work.
2. The Township shall retain exclusive ownership in all components and
deliverables created solely under this Agreement and shall own any copyright
and patent directly related to and developed solely pursuant to this Agreement.
Quality Control and Quality Assurance
1. The Consultant warrants that it shall perform the Services with the requisite
degree of skill and competence to satisfy the Townships requirements as
stipulated in the Agreement.
2. The Township reserves the right to monitor the performance of the Consultant
and to issue directives to the Consultant to remedy any condition which the
Township considers to be detrimental to provision of the Services, which the
Consultant shall be required to carry out within the timeframe stipulated by the
Township.
3. At any time during the course of the Agreement, the Township may direct the
Consultant to immediately remove a staff member and replace them with
another staff member acceptable to the Township.
Changes and Alterations and Additional Services
1. The Consultant shall not change or deviate from the scope of Services without
the prior written consent of the Township. In the event that the Consultant
undertakes a change or deviation in the scope of Services without the prior
written consent of the Township, it shall not be entitled to any additional
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Part IV Agreement
payments.
Assignments and Subcontracts
1. It is understood and agreed that the Consultant will be an independent contractor
and that the employees or agents of the Consultant will perform all services
offered. Subcontracting agreements made by the Consultant will not release the
Consultant from any obligation to the Township with respect to the performance
of its obligations under the Agreement.
2. The Township must grant prior written approval for any assignments and all sub-
contracts which may be granted on such terms, as the Township deems
advisable. The Townshipt to any assignment or subcontract shall not
release the Consultant from its duties and obligations under the Agreement.
Damages and Set Off
1. If the Township should suffer damage because of any wrongful act or neglectof
the Consultant or of anyone for whom the Consultant is responsible in law, then
the Township shall be reimbursed by the Consultant for such damage.
2. Services which have not been performed to the Townships satisfaction in
accordance with the Agreement, whether the result of poor workmanship or
through carelessness or other acts or omissions of the Consultant or any of its
subcontractors, shall be promptly rectified in accordance with the Agreementat
the Conss expense.
3. In the event that any portion of the Services is not performed in accordancewith
the Agreement or is not satisfactory to the Township, the Township may retain,
as a holdback, an amount equal to the Township estimated cost to perform the
Services in a satisfactory manner, until the Services have been completed to the
satisfaction of the Township.
4. In addition to the rights set forth above, the Township shall have the right
to set-off against the monies due or which may become due to the
Consultant under the Agreement, any amounts owing by the Consultant to
the Township.
Suspension or Termination
1. The Township may, at any time by notice in writing to the Consultant, suspend or
terminate the Services, or any portion thereof. Upon receipt of such notice, the
Consultant shall perform no further Services and shall not be entitled to any
payment for additional work beyond that date, nor for lost profits or any
consequential damages as a result of the termination.
2. In addition to the above, if the Consultant should become bankrupt or insolvent,
or if a receiver is appointed because of its insolvency, or if the Consultant
transfers, assigns or otherwise disposes of its interest in the Agreement or any
part thereof without the prior written authority of the Township, the Agreement
shall terminate as of the date of the any such event and the Township shall pay
for the Services rendered and disbursements incurred by the Consultant to the
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Part IV Agreement
date of termination.
3. Upon termination of the Agreement, all documentation relating to the Project shall
be delivered to the Township including all work product, drawings, paper and
electronic files, and the Consultant shall not be entitled to payment until it has
provided the Township with all such documentation.
4. All duties and obligations of the Consultant with respect to Services provided
up to and including the date of termination shall survive termination of the
Agreement.
Indemnification
1. The Consultant shall indemnify and save harmless the Township, its
directors, officers, council members, partners, agents and employees from
and against all claims, demands, actions, losses, expenses, suits,
proceedings, costs or damages of every nature and kind whatsoever which
the Township, its directors, officers, council members, partners, agents and
employees may suffer as a result of the acts, error or omissions of the
Consultant, its employees, officers, subcontractors or agents in the
performance of the Agreement, including, but not limited to any suits or
proceedings (including by any government agency) arising as a result of any
violation or alleged violation of any statutes or regulations, policies and
guidelines thereunder, and any legal costs associated therewith.
Insurance
1. Without restricting the generality of the section on Indemnification, the
Consultant shall obtain, maintain, pay for and provide evidence of the
following insurance coverage, taken out with insurance companies
licensed to transact business in the Province of Ontario and not otherwise
excluded by the TownshipDirector, Finance/Treasurer/Deputy CAO:
a) Commercial General Liability Insurance
Commercial General Liability ) Insurance shall include as an
additional insured, the Township of Oro-Medonte, with limits of not less than
Two million dollars ($2,000,000.00) inclusive per occurrence for bodily and
personal injury, death and damage to property including loss of use hereof.
b) Automobile Liability Insurance
Automobile Liability Insurance in respect to owned and non-owned vehicles
shall have limits of not less than two million dollars ($2,000,000.00) inclusive
per occurrence and shall protect against all liability arising out of the use of
owned or leased vehicles, used by the Consultant, its employees or agents.
c) Professional Liability Insurance
Professional Liability Insurance shall have limits of not less than two
million ($2,000,000.00) inclusive per claim, covering services or activities
that are professional in nature and thereby excluded under the CGL
policy.
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The form of all insurance to be provided herein, shall in all respects be satisfactory to
the Townships Director, Finance/Treasurer/Deputy CAO and shall be maintained
continuously from either the commencement of the services or the signing of the
Agreement, whichever is sooner. The policies shall be endorsed to provide the
Township with not less than thirty (30) days written notice in advance of cancellation,
change or amendment restricting coverage.
Confidential Data
1. The Consultant shall not divulge any specific information as confidential,
communicated to or acquired by it, or disclosed by the Township in the
course of carrying out the Services provided for herein. No such information
shall be used by the Consultant on any other project without the approval in
writing of the Township.
Claims and Disputes
1. Should the Consultant wish to claim additional compensation arising out of a
change to the scope of Services or for any other reason, it shall provide the
Township with written notice of this claim within five (5) business days of
becoming aware of the claim, failing which, it shall not be entitled to any
compensation for such claim. In the event of any claims or disputes between the
parties, the Consultant will continue to perform the Services without interruption,
if so directed by the Township, pending the resolution of the claim/dispute.
General Requirements
1. Time shall be of the essence of the Agreement.
2. Any notice given pursuant to the Agreement may be delivered by facsimile
transmission, electronic mail or mailed by prepaid registered mail to the
addresses designated by the respective parties. If delivered, the notice is
effective on the date of delivery, and if mailed, the notice is effective on the fifth
(5th) business day following the day of mailing.
3. The Agreement shall ensure to the benefit of, and be binding upon, the
Township, the Consultant, their heirs, executors, administrators, successors and
permitted assigns.
4. The Agreement constitutes the complete and exclusive statement of the
agreement between the parties, which supersedes all proposals, agreements,
arrangement or understandings, oral or written, and all other communications
between the parties, relating to the subject matter of the Agreement, exceptas
referenced in, and made part of, the Agreement.
5. The Agreement may be modified only by a written amendment signed
authorized representatives of both parties.
6. The Agreement shall be governed by, and construed in accordance with, the
laws of the Province of Ontario.
In witness where of the parties hereto have hereunto set their hand and seals on the
above date.
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Part IV Agreement
Proponent
Signed, Sealed and
Delivered in the ) By:
presence of (if practical); )
) Position:
) (I have authority to bind the Company)
)
) Witness:
) (If not under Seal)
)
) Owner
)
) Per:
Witness ) H.S. Hughes, Mayor
)
)
) Per:
) Doug Irwin, Director, Corporate Services/Clerk
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Part V Appendices
Proponent Payment Information
Accessibility for Ontarians with Disabilities (AODA)
Contract Change Orders
Letter of Credit
Notice of o Propos
Submission Label
Oro-Medonte Org. Chart
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Part V Appendices
Payment
Information
Vendor Name:
To ensure the accuracy of our account information, you must attach a void cheque
and complete the following financial information:
Name of Financial Institution:
Address of Financial Institution:
Account Information:
Bank Code Transit Number Account Number
Remittance Information
Contact person:
E-mail address: _________________________________________
Name: Title/Position:
Phone: ( ) Fax: ( )
Signature: Date:
Township of Oro-Medonte Page 50 of 61
Page 59 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
Accessibility for Ontarians with Disabilities (AODA)
The Accessibility for Poubsjbot xjui Ejtbcjmjujft Bdu, 2005 and Regulations underthis
Act were enacted to improve accessibility for persons with disabilities. This legislation
applies to public sector organizations such as the Corporation of the Township of
Oro-Medonte as well as to private companies and organizations that provide goods
and services on behalf of the Township.
The Township of Oro-Medonte is committed to ensuring legislative compliance and
providing persons with disabilities consistent opportunity and access to Township
goods, services, and facilities. Accordingly, the Township has adopted policies,
procedures, and practices that address integration, independence, dignity, and equal
opportunity.
The Accessibility Standards for Customer Service Regulation (O. Reg. 429/07) was
developed to ensure that all customers can access goods and services and thattheir
individual disability needs are met while accessing an organizat goods and
services. This Regulation requires that obligated organizations ensure that every
person who deals with members of the public or other third parties on their behalf,
whether as an employee, agent, volunteer, or otherwise, receives training. The
Regulation outlines the required training components. All public sector and private
organizations were required to comply with this Regulation by January 1, 2012.
The Integrated Accessibility Standards Regulation (O. Reg. 191/11) includes
requirements for information and communication, employment, transportation and
the design of public spaces in the built environment, as well as general accessibility
requirements. Public sector organizations and private businesses must comply with
this Regulation. Commencing in 2014, organizations must ensure that training is
provided on the requirements of this Regulation and the Ontario Human Rights Code
as it pertains to persons with disabilities to all employees, volunteers and those who
provide goods, services or facilities on behalf of the organization.
The Township of Oro-Medonte and all agents and contractors must comply with
the OADA and its Regulations. Failure to comply with the Act may result in
administrative penalties pursuant to Parts IV and V of the Act.
The Township may request that agents and contractors provide records of training
and confirmation of compliance with the Act and its Regulations. Links are provided
below to assist with compliance. Your co-operation and support are essential to
increasing accessibility for persons with disabilities.
Township of Oro-Medonte Page 51 of 61
Page 60 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
AODA Declaration Form
I, the undersigned, in submitting the Accessibility Compliance Form (thereinafter
to the Township of Oro-Medonte do hereby make the following statements
that I certify to be true and complete in every respect. I certify, on behalf of
(Corporate Name of Proponent, thereinafter ) That
1. I have read and understand the contents of this form;
2. I understand that if this form is found not to be true and complete in every
respect, the Corporation of the Township of Oro-Medonte has the authority to
discontinue the services of the Proponent;
3. I am authorized by the Proponent to sign this form and to submit the form on
behalf of the Proponent;
4. I acknowledge that as a vendor of the Corporation of the Township of Oro-
Medonte that I/we are required to comply with the Accessibility for Ontarians
with Disabilities Act, 2005 and all Regulations under this Act, as amended
from time to time;
5. I declare that I/we have reviewed, understand and will meet all accessibility
Acts and Regulations, as amended from time to time;
6. I declare that I/we will undertake to ensure that all employees, agents, sub-
contractors, and volunteers hired by the Proponent in completion of our work
will also comply with accessibility legislation.
Proponent's Signature:
(I have authority to bind the company)
Position:
Dated this day of 2016.
Township of Oro-Medonte Page 52 of 61
Page 61 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
Contract Change Order Sample
Township of Oro-Medonte Page 53 of 61
Page 62 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
Instructions for Use for Change Orders
1. This form is to be used for all changes in the work that involve changes in price
including any such changes covered by Certificates of Equality.
2. All additional or extra work and changes in the work must be authorized by
the Owner. Cases may arise when instructions on changes must be givento
the Contractor right away to avoid damage or expensive delay. If the change is
of a minor nature, the Resident Engineer or Inspector may proceed but should
inform the Owner's Project Manager without delay. If the proposed changeis
more costly or if there is doubt about its desirability, it should be cleared withthe
Project Manager by telephone. Whenever possible, the price should be agreed
upon prior to the commencement of the work.
3. A change in the amount of a unit price item in the Schedule of Items and Prices
as a result of the measured quantity differing from the estimated quantity does
not require the issuance of a change order specifically for that item. The
change in amount will be covered by the last (Final Measurement) changeorder
issued for the contract, as explained in para. 11 below.
4. Extra work carried out on the direction of the Owner requires the issuance of a
change order. The change order must identify the work and shall give the
quantities, prices and amounts involved.
5. When work is to be performed on a cost-plus or unit-price basis and the exact
cost will not be known until the work has been completed, the change order
should be headed "COST-PLUS" or "UNIT PRICES", as the case may be,and
the estimated cost should be shown. The estimated cost is NOT to be included
under "Total Additions" or "Total Deductions", nor is the "Balance of Contingency
Allowance" or the Contract Price to be changed. When the work coveredby
the change order has been completed, a further change order is to be prepared
giving the final cost. It will be given a new number and this number will be
followed by the original number suffixed by "a"; e.g., if the change order giving
the estimated cost is No. 7 and if when work has been completed 11 change
orders have been issued, the change order showing the completed cost willbe
numbered 12.7a.
6. Change orders should be set out clearly. If the reason for the issuance of a
change order is not clear from the change order itself, one copy of an explanation
should be sent to the Owner with the change order. Change orders must state the
quantities or estimated quantities involved and must state how the price or
prices were arrived at. Quotations obtained from the Contractor or sub-
contractors should give adequate breakdowns, and mark-up percentages must
be in accordance with the Contract (see Section of the General Conditions
headed "Valuation of Variations.").
Township of Oro-Medonte Page 54 of 61
Page 63 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
7. Only related changes are to be included in the same change order. Unrelated
items should be covered by separate change orders.
8. Change orders should be submitted promptly to the Owner for approval during
the period of construction and should not be accumulated in batches or have
their submission delayed to the end of the job.
9. The Consulting Engineer should give careful consideration to the matter of
whether an extension of the Time for Completion should be given on account of
a change order. His recommendation should be given to the Engineer when
forwarding the change order to approval. If it is difficult or impossible to decide
at the date of issuance of the change order what would be a reasonable
extension to give, this should be stated and the matter should be discussed with
the Engineer at a suitable date.
10. Additional or extra work will be paid for out of the Contingency Allowance without
immediately changing the Contract Price. Only when the Contingency
allowance has been used up or when the Final Measurement change order is
prepared will the Contract Price be changed.
11. On contracts that include unit price items, the last change order issued
should be headed "Order No.? (FINAL MEASUREMENT)." The descriptionwill
be "adjust quantities and amounts of all unit price items in the Schedule of Items
and Prices in accordance with the final measurement". The amount of the
change order will be the net addition or deduction due to the final
measurement, and the Contract Price will be shown in the bottom right-hand
corner of the form as "Final" instead of "revised to date".
12. Attached to each copy of the change order should be a copy of the detailed final
measurement set out item by item as in the Schedule of Items and Prices showing
the estimated quantities, unit prices, amounts, final quantities, final amounts,
adjustments in quantities and amounts and the net total of all other change orders
approved. This is to be typed on the Owner's "FINAL MEASUREMENT" forms.
13. The Owner will require the original and one copy of the change order. Sufficient
additional copies should be submitted to fulfil the requirements of the Consulting
Engineer and the Contractor. All copies shall be signed by the Contractor and
the Consulting Engineer before being submitted to the Agency. When the
change order has been approved, all but the original and one copy will be
returned to the Consulting Engineer for distribution.
Township of Oro-Medonte Page 55 of 61
Page 64 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
Letter of Credit Wording As Required By
The Corporation of the Township of Oro-Medonte
Financial Institution: Date of Issue:
(Name/address of Financial Institution) Irrevocable Letter of Credit
Identification # of Letter of Credit
Applicant: Beneficiary:
(Name/address of Applicant) The Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON L0L 2E0
Amount: (in figures) (CAD)
(in words) (CAD)
We hereby authorize you to draw on (name and address of financial institution) for
the account of (name of applicant) up to an aggregate amount of (maximum amount
of
letter of credit in words) (CAD) (maximum amount of letter of credit in figures)
(CAD), available with ourselves, on demand, by payment, against presentation of the
document(s) detailed herein and of your draft(s) at sight drawn on ourselves.
Pursuant to the request of our customer, the said (name of applicant), we, the(name
and address of financial institution), hereby establish and give to you an irrevocable
standby letter of credit in your favour in the total amount of (maximum amount of
letter of credit in figures)(CAD)(maximum amount of letter of credit in
words)(CAD) which may be drawn on by you at any time and from time to timeupon
written demand for payment made upon us by you which demand we shall honour
without inquiring whether you have a right as between yourself and our said customer
to make such demand and without recognizing any claim of our said customer.
Provided, however, that you are to deliver to the (name and address of financial
institution), at such time as a written demand for payment is made upon us, a
certificate signed by you agreeing and/or confirming that monies drawn pursuant to this
credit are to be and/or have been expended pursuant to obligation incurred or to be
incurred by you relative to (insert purpose and date of agreement).
The amount of this standby letter of credit may only be reduced by drawings endorsed
hereon or as advised by notice in writing to us by you.
Township of Oro-Medonte Page 56 of 61
Page 65 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
This standby letter of credit will continue up to )ebuf pg fyqjsz pg mfuufs pg dsfeju* and
will expire at our counters on that date and you may call for payment of the full amount
outstanding under this letter of credit at any time prior to that date subject to the
following:
It is a condition of this letter of credit that it shall be deemed to be automatically
extended without amendment for one year from the present or any future expiry date
hereof, unless 30 (thirty) days prior to such expiry date, we notify you in writing by
registered mail/courier, that we elect not to consider this standby letter of credit to be
renewable for an additional period. Upon receipt by you of such notice, you may draw
hereunder by means of your signed demand for payment certifying that the amount
drawn will be retained and used by you to meet obligations incurred or to be incurred
with the above. Further that you will release any amounts not required by you directly
to the applicant.
Partial drawings are permitted.
The drafts drawn under this standby letter of credit are to state on their face that they
are drawn under )obnf!boe beesftt pg gjobodjbm jotujuvujpo* standby letter of credit
stating its number and date.
We hereby agree that drafts drawn under this standby letter of credit will be duly
honoured upon presentation provided that all terms and conditions of the standby letter
of credit have been complied with.
This standby letter of credit is subject to the m Customs and Practice for
Documentary Credits (20xx Revision) International Chamber of Commerce, Publication
, and engages us in accordance with the terms thereof.
Township of Oro-Medonte Page 57 of 61
Page 66 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
Notice of "No Proposal"
Attention: Information Technology
RFP#: CS 2016-01
Closing Time: February 19, 2016
Important - Please Read This
It is important to the Owner to receive a reply from all invited Proponents. Thereis no
obligation to submit a Proposal; however, should you choose not to provide a
Proposal, completion of this form shall assist the Owner in determining the type of
goods or services you are interested in providing Proposals on the future.
Instructions
If you are unable, or do not wish to provide a Proposal on this project please complete
the following portions of this form. State your reason for not providing a Proposal by
checking applicable box(s) or by explaining briefly in the space provided. It is not
necessary to return any other Proposal documentation. Return the completed form wjb!
gby!816.598.1244 prior to the official closing date.
1. We do not manufacture/Supply this commodity
2. We do not manufacture/Supply to this specification
3. Unable to bid competitively
4. Cannot handle due to present plant/work load
5. Quantity/job too large
6. Quantity/job too small
7. Cannot meet delivery /completion requirements
8. Agreements with distributors/dealers do not permit us to sell direct
9. Licensing restrictions
Other reasons or additional comments:
Do you wish to provide a Proposal on these goods/services in the future? Yes No
Company Name
Address
Signature of Company Representative
Position
Date Tel. No.
For The Municipality's Use
Only - Do Not Write In This
Space
Township of Oro-Medonte Page 58 of 61
Page 67 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
Item Irregularity Response
1 Late Proposals Automatic rejection, not read publicly and
returned unopened to Proponent
2 Unsealed Envelopes (Tender or Other) Automatic rejection
3 Automatic rejection
Insufficient Financial Security (No
Bid Security or agreement to bond
or insufficient bid bond or
agreement to bond)
4 Deposit cheque not submitted Automatic rejection
5 Certified cheque not certified Automatic rejection
6 Amount on deposit cheque incorrect Automatic rejection
7
All required sections of Proposal Automatic rejection unless, in the
documents not completed consensual opinion The Finance
Department, Director in charge ofRFP
solicitation, Clerk or Treasurer, the
incomplete nature is trivial or insignificant
and does not affect the total price.
8 Automatic rejection
Failure to execute Agreement to Bond
s Consent) or Bonding
company corporate seal or signature
missing from Agreement to Bond
9 Automatic rejection
Failure to execute Bid Bond by
Proponent and Bonding Company
10 Automatic rejection
Failure to provide a letter of agreement
to bond where required
11 Automatic rejection
Proposals not completed in Ink,
typewritten or automated printers
12 Automatic rejection
Incomplete, illegible or obscure bids
or Proposals which contain additions
not called for
13
Erasures, alterations, or strike-out May be rejected, unless such changes
errors or irregularities of any kind
such two (2) business days shall be given
to rectify
14 Failure to attend mandatory site visit Automatic rejection
15 Proposals received on documents other Automatic rejection
than those provided in RFP or
requested
16 Pricing or signature pages missing Automatic rejection
17 Part Proposals (all items not bid)
Acceptable unless complete Proposal has
been specified in the request.
18 Automatic rejection
Documents in which all necessary
Addenda, which have financial
implication, have not been
acknowledged
Township of Oro-Medonte Page 59 of 61
Page 68 of 105
RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
19 Documents in which all necessary Two (2) business days to acknowledge
20 Proposals received on documents Automatic rejection
other than those provided in the
Form of Proposal by the Township of
Oro-Medonte
21 Proposals received without proper Acceptable if officially received on time
label used
22 Failure to insert the PrAutomatic rejection
business name in the spaces provided
23 Failure to include signature of the Automatic rejection
person authorized to bind the
Proponent in the space provided in
24 Automatic rejection
Conditions placed by the Tenderer on
the Total Contract Price
25 Automatic rejection unless, in the
Qualified Proposals (Proposals
consensual opinion of The Finance
qualified or restricted by the
26
RFP clearly states that an award Proposals may be rejected except when
may be made for individual the RFP clearly states that an awardmay
items. be made for individual items (contracts
such as equipment rental or some material
contracts which are in effect several
individual contracts combined).
27
Corporate seal or signature Two (2) business days to rectify
missing; s authority to
bind the Corporation or signature
missing
28 Corporate seal boe!signature missing; Automatic rejection
authority to signature missing
29 Two (2) business days to correct and initial
Proposals Containing Minor
errors
Obvious Clerical Errors
30 Proposals Containing Minor Two (2) business days to correct and initial
Mathematical Errors errors. The Township of Oro-Medonte
31 Un-initialled changes to the request Two (2) business days to correct and initial
documents which are minor (i.e.; the errors. The Township of Oro-Medonte
Proponent's address is amended by reserves the right to waive initialling and
overwriting but not initialled) accept Proposal
32 Alternate items bid in whole or in Available for further consideration unless
part specified otherwise in request
33 Unit prices in the schedule of prices Two (2) business days to correct initial
have been changed but not initialled errors. The Township of Oro-
Medonte reserves the right to waive
initialling and accept Proposal
Township of Oro-Medonte Page 60 of 61
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RFP #: CS 2016-01
5.a) Report No. RC2016-03, Shawn Binns, Director, Recreation...
Part V Appendices
34
Other mathematical errors which Two (2) business days to initial corrections.
are not consistent with the unit Unit prices will govern.
prices
35 Automatic rejection
Pages requiring completion of
information by vendor are missing
Note: The above list of irregularities should not be considered all-inclusive. The
Finance Department and/or the Municipal Clerk in consultation with the requisitioning
department will review minor irregularities not listed and acting in consensus shall have
authority to waive other irregularities or grant two (2) business days to initial such
irregularities, which they jointly consider to be minor.
Township of Oro-Medonte Page 61 of 61
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RFP #: CS 2016-01
5.b) Robin Dunn, CAO and Donna Hewitt, Director, Corporate &...
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5.b) Robin Dunn, CAO and Donna Hewitt, Director, Corporate &...
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5.b) Robin Dunn, CAO and Donna Hewitt, Director, Corporate &...
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6.a) By-Law No. 2016-059: Being a By-Law to confirm the proc...
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