REQUEST FOR PROPOSAL CO Urban Forestry Master Plan

Transcription

1 THE CORPORATION OF THE TOWN OF COBOURG 55 King Street West Cobourg, Ontario K9A 2M2 REQUEST FOR PROPOSAL CO Urban Forestry Master Plan Name of Firm Address Postal Code Telephone Number Fax Number Name of Person Signing for Firm Signature Name of Contact Person Phone # Closing Date and Time: Proposals Received By: General Inquiries: Tuesday, November 29, 2016, 2:00 p.m. local time The TENDER BID RECEIPT LABEL must be attached to the front of the sealed envelope containing the tender bid. Ms. Lorraine Brace, Clerk Legislative Services Division, Victoria Hall, 55 King St. W. Cobourg, Ontario, K9A 2M2 Teresa Behan, Manager of Parks or Rory Quigley Arborist Tel: (905)

2 THE CORPORATION OF THE TOWN OF COBOURG CO URBAN FORESTRY MASTER PLAN PAGE Request for Proposal 1 Table of Contents 2 Tender Bid Label 3 Cover Sheet Form of Proposal 4 Invitation, Introduction and Objectives 7 Scope of Work and Qualifications 8 General Terms and Conditions 11 Submission Process 12 RFP Schedule of Events 14 Evaluation Criteria 19 Selection and Award Process 19 2

3 THE CORPORATION OF THE TOWN OF COBOURG CO URBAN FORESTRY MASTER PLAN THE CORPORATION OF THE TOWN OF COBOURG TENDER BID RECEIPT LABEL THIS LABEL MUST BE SECURELY ATTACHED TO THE FRONT OF THE SEALED ENVELOPE CONTAINING THE TENDER BID. ALL TENDER BIDS MUST BE RECEIVED AT: LEGISLATIVE SERVICES, 55 King Street West, Cobourg ON K9A 2M COMPLETED BY DEPARTMENT ISSUING TENDER BID TENDER BID NUMBER: CO TENDER BID NAME: Urban Forestry Master Plan CLOSING DATE: Tuesday, November 29, 2016 CLOSING TIME: 2:00 P.M. SUBMITTED BY: COMPANY CONTACT: COMPANY NAME: COMPANY ADDRESS: COMPLETED BY COMPANY SUBMITTING TENDER BID COMPANY PHONE: LEGISLATIVE SERVICES USE ONLY TENDER BID RECEIPT: DATE: TIME: INITIALS: By-law , Purchasing Policy (est. March 19, 2012) Part 7.1, Section 7, RETURN RECEIPT OF COMPETITIVE BID DOCUMENTS, Purchasing Policy, All tender bids will be issued from and received at the office of the Municipal Clerk, located at the Main Floor of Victoria Hall, 55 King Street West, Cobourg, Ontario K9A 2M2, using the appropriate label or envelope as provided in bid package. 3

4 THE CORPORATION OF THE TOWN OF COBOURG CO URBAN FORESTRY MASTER PLAN COVER SHEET Name of Company Address Postal Code GST/HST Registration No. Phone Number Fax Number Authorized Signing Office Position Held Remittance Address if different from above: Name of Firm or Individual (Company or Supplier) Address Town, Town or Village Postal Code Telephone Number Fax Number Receipt of addenda (when issued) shall be acknowledged by the Proponent initialing in the space provided opposite each addendum received: Addendum No. 1 Addendum No.2 Addendum No. 3 Addendum No. 4 Addendum No.5 Addendum No. 6 Proponents failing to acknowledge receipt of addenda on the BID FORM when issued will be disqualified. Note: Submit this cover sheet with the Form of Proposal document. 4

5 THE CORPORATION OF THE TOWN OF COBOURG CO URBAN FORESTRY MASTER PLAN To: The Corporation of the Town of Cobourg 55 King St. West Cobourg, Ontario K9A 2M2 1. I/We, the Respondent, being duly incorporated under the laws of and having its Head Office at do hereby offer to enter into an agreement with the Town of Cobourg to supply a Urban Forestry Master Plan based on mutual agreement as per the service detailed, all in accordance with the terms, conditions and specifications attached to, and forming part of, this RFP including addenda numbered to, for a Total Fee of + HST. The Town of Cobourg reserves the right to reject any or all proposals received. I/WE declare that no person, firm or corporation other than the one whose signature, or the signature of whose proper officers and the seal is / or are attached below, has any interest in the Request for Proposal or in the Contract proposed to be taken; I/WE further declare that this Request for Proposal is made without any connection, knowledge, comparison of figures, or arrangement 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; I/We further declare that the several matters stated in the said Proposal are in all respects fair and true; I/We further declare that no member of the Town Council, or any office of the Town, is or will become interested, directly or indirectly as a Contracting party or otherwise, in the performance of the Contract, or in the supplier, work or business to which it relates, or in any portion of the profits thereof, or of any such supplies to be used therein, or any of the monies to be derived there from; I/We agree to advise if there are any other costs which the Town should be made aware of to cover possible contingencies not referenced in the Request for Proposal. These will be included as part of the proposed amount. If these costs are not mentioned the Town will assume no responsibility for the costs at a later date. 5

6 THE CORPORATION OF THE TOWN OF COBOURG CO URBAN FORESTRY MASTER PLAN 2. References for projects of similar scope or magnitude: COMPANY NAME CONTACT TITLE PHONE # Subcontractors: COMPANY NAME CONTACT TITLE PHONE # Authorized Signature Name & Title (Please Print) Name of Company Phone Number Fax Date Company Seal Note: The Form of Proposal must be returned with the Proposal submitted. 6

7 1. INVITATION Interested firms are invited to submit their Proposal along with a statement of qualification in a sealed envelope clearly marked Town of Cobourg the Municipal Clerk, Victoria Hall, 55 King St West, Cobourg, Ont. K9A 2M2 by 2 p.m., Tuesday, November 29, The attached Form of Submission must be included in the Proposal document. 2. INTRODUCTION AND OBJECTIVES Cobourg has a population of approximately 20,000 and is located on the shore of Lake Ontario in Northumberland County approximately half way between Toronto and Kingston. The Town of Cobourg Parks Division is requesting proposals from qualified, multidisciplinary consulting teams who are interested in creating an Urban Forest Management Plan for the Town of Cobourg. The Plan will include the urban forest contained within the boundaries of the Town of Cobourg. These lands include, but are not limited to, maintained and unmaintained parks, green spaces, river corridors, road allowances, laneways, and buffers. The overall goal of the Urban Forest Management Plan is a healthy and sustainable urban forest that contributes to the economic, environmental and social vitality of the Town. To achieve this, the development of an Urban Forest Management Plan for the Town of Cobourg will assist the Parks Division in transitioning from reactive to proactive urban forest management and must be able to integrate tree management into other municipal plans, both within and externally to the Parks Division. It is to be a community-based document providing strategic long-term direction for the Town as a whole regarding the desired outcomes for the entire urban forest of Cobourg The Plan is to characterize and quantify the current state of the Town s urban forest and identify strategies to improve its health and sustainability. It is also to review the current forestry management operations and recommend changes and future needs. A detailed, five-year Municipal Forest Action Plan will be developed to implement the Management Plan. 3. SCOPE OF WORK The scope of work shall include but not be limited to the following general list: 3.1 Municipal Forestry Operations Review and evaluate existing Municipal Forestry Operations and make recommendations for all facets of the current urban forestry program including: 1. Tree planting, maintenance and removal operations 2. Operating and capital budgets, funding opportunities, budgetary priorities, revenue opportunities (such as through wood utilization) 3. Current and future staffing resources to include a clear definition of roles and responsibilities 7

8 3.2 Tree Inventory An accurate tree inventory is the backbone of any urban forest management plan; however, keeping one current can be challenging. Review for the following considerations: 1. Evaluate the content of the Town s current street tree inventory to determine its adequacy for forest management purposes. 2. Make recommendations for enhancement of the inventory to suit the needs of the Cobourg program. 3. Make recommendations for the expansion of inventories for parks and green spaces. 4. Determine strategies for maintaining an updated and current tree inventory. 3.3 Tree Establishment Plan Develop strategies and mechanisms for growing and managing quality urban forests for the purpose of maximizing the quality of life. Areas of consideration are: 1. Community-wide buy-in and cooperation for the expansion, preservation, cultivation and care of urban forests. 2. Species diversity, age class distribution. 3. Location and specific species identification in areas such as heat islands, on boulevards and naturalized locations. 4. Policies/guidelines for growing and managing quality urban forests on private development lands. 3.4 Urban Forestry Issues There are a variety of issues that need to be addressed such as aging tree populations, invasive species, climate change, changing trends in native insects and diseases, and changing community demographics. The following will be accomplished: 1. Research current urban forestry issues that will impact the way that urban forest management is conducted in Cobourg. 2. Develop strategies for the management of those changing variables. 3.5 High Risk Trees High risk trees are becoming an increasing problem due to the aging tree population. Review the method by which tree risk assessment are assessed in Cobourg and provide the following: 1. Recommendation for a systematic approach for Tree Risk Assessment. 2. A business case for a Tree Risk Assessment. 3.6 Standards, Procedures, Policies, and Public Tree By-law Review for the following considerations: 1. Identify gaps in standards, procedures and policy 2. Develop documents to address those gaps 3. Develop a policy for the protection and management of Town owned woodland buffers and open space areas. 4. Develop a policy for the identification and management of nuisance trees 8

9 5. Review the Tree Preservation By-law ( ) and recommend changes, where required, to complement the community vision relating to private development lands and larger landholdings. 6. Identify opportunities for the inclusion of urban forestry objectives/vision into other municipal and policy documents. 3.7 Urban Forest Management A Management Plan will provide strategic direction to the Town and integrate urban forestry into other areas of municipal planning. It will provide the following: 1. Identify and map components of the urban forest on the variety of lands owned by the Town significant urban forest resources on larger private landholdings and in shapefile or file geodatabase format and using the Town s coordinate system NAD83 UTM Zone 17N. 2. Identify management objectives and strategies for each type of urban forest on the variety of lands owned by the Town and for significant urban forests located on larger private landholdings. 3. Develop general objectives for each of four successive five-year urban forest management work plans, employing short, medium and long-term objectives. 4. Develop five one-year operating plans for the first five-year urban forest management work plan, which will be referred to as the Municipal Forest Action Plan. 5. Develop a strategic plan of approach for managing urban forestry operations on Town-owned properties as well as larger, private landholdings, in order that proactive rather than reactive management can be largely accomplished. 6 Determine areas for which forestry operations could be coordinated with local public and private utilities. 7. Coordinate the Urban Forest Management Plan with other management and landscape plans already developed for the Parks Division and the Building and Planning Department, including the Heritage Master Plan that provides guidance on the location and selection of trees in Heritage Conservation Districts with a goal of preserving the vitality of the streetscape. 8. Develop the Urban Forest Management Plan within context of other municipal strategic plans. 9. Recommend other areas in Town that require more detailed landscape or management plans. 3.8 Development and Construction Communities Interacting with other professionals (such as Engineers, Landscape Architects, Arborists and Planners) and stakeholders is vital to ensuring that the existing and future urban forests are incorporated as part of all new developments and construction projects. Considerations should include: 1. Recommend strategies to ensure that existing and future planting locations are a fully integrated component of construction projects, housing development, transportation planning, and land use decision making processes. 9

10 2. Recommend appropriate soil volumes, spacing and preferred species list for all plantings on all development properties and construction projects. 3.9 Business Case To promote an understanding of the significant economic benefits, the Consultant will develop a business case for sustainably managing the Town s urban forest. 1. Develop an economic rationale for following this Urban Forest Management Plan. 2. Develop this business case in a format that may be used as a presentation for Town Council. Urban Forest Management Plan Communications Strategy The urban forest impacts a wide variety of people in the community and, as a result, a well laid out communications plan is an important part of the project. The following components are anticipated to be addressed as a minimum, but not limited to: Communications Plan 1. Develop a comprehensive communications plan in conjunction with the Town s Parks Division as well as the Communications and Strategic Initiatives Division to ensure suitable methods are used to introduce and engage the public in commentary about the Plan through the use of, but not limited to, the Town s website, newspaper ads, public meetings, public events and web mapping applications. All communication plans must be approved by the Town of Cobourg s Communications Officer Internal/External Stakeholder Input and Consultation 1. The Consultant will be responsible for the design and implementation of a comprehensive program of public consultation to provide citizens with an opportunity to voice their concerns and desires. 2. Tasks include organizing, documenting and summarizing input from stakeholders. 3. Each of these consultations are to be performed at an appropriate stage of plan development in order to elicit Urban Forest Management Plan expectations and thoughts on specific policies and form the basis for deciding on the final management strategy. As a minimum, it is expected, but not limited to, that the following stakeholders be contacted: a. Mayor and Members of Council b. Senior and key staff from a variety of municipal Divisions including Parks, Planning, Engineering, Environment, Roads & Sewers Department. c. Public and private utilities including Lakefront Utilities, Cogeco, Bell, Union Gas d. Community Groups: Willow Beach Naturalists, Master Gardeners, Ecology Garden e. Other stakeholders: Ganaraska Region Conservation Authority (GRCA), County of Northumberland f. Town of Cobourg Advisory Committees 4. Some of the stakeholder meetings may be required to occur in the evening Public Meetings 10

11 1. The Consultant will organize, advertise, lead, document, and summarize two (2) Open House Public Consultation meetings. 2. The Town of Cobourg will be responsible for providing a suitable venue and related facility costs. 4. QUALIFICATIONS The consulting firm will be expected to have a full range of professional services in order to develop and support a comprehensive, creative and innovative Urban Forestry Master Plan. The team shall consist of professionals with experience in urban forestry, horticulture and arboriculture, and in developing strategic approaches for effectively managing the community s urban forests. 5. GENERAL TERMS AND CONDITIONS The consultant shall assume responsibility for all services offered in their Proposal regardless of the use of subconsultants, and shall be the sole point of contact for contractual matters. The Final Report and all data shall be delivered in paper and electronic format, fully compatible with the Town of Cobourg s GIS system. Any spatial outputs included in the report shall be in either shapefile or geodatabase feature class. Prior to final submission of report, all data is to be reviewed by the Town of Cobourg GIS Technician to ensure compatibility. The consultant will be expected to commence work on this project immediately after receiving formal notice of award of contract. Six (6) copies of the Final Report shall be submitted by July 4, 2017 with the final report for the Implementation Plan submitted by August 8, The budget for this project is $35, total. Bidders are to submit a Proposal which meets this budget, but are welcome to submit additional Proposals which exceed this limit but in the view of the bidder would deliver a more complete or comprehensive Report. The Town will consider such additional submissions. A thorough and detailed description of the additional work and associated fee shall accompany any such Proposals, and the Town reserves the right to authorize the base or the enhanced Proposal. The Proposal price must include up to four meetings with Town staff and two presentations to Town Council. The Proposal price must include all expenses and disbursements. Six paper copies of the Final report and a digital copy must be submitted at the conclusion of the project. Each Proposal will be evaluated on its own merit giving consideration to completeness of detail, understanding of the project, response to the RFP, the firm s experience and references, and the price. The Town reserves the right to request additional information from bidders during the selection process. Bidders are to provide a list of Added Value services that they propose to provide which are over and above the specified tasks. The Town reserves the right to accept or reject any or all of the Proposals submitted, and to award the contract to other than the lowest-price bidder. 11

12 Questions related to this RFP shall be directed to: Teresa Behan, Manager of Parks Rory Quigley, Arborist Parks Department (905) SUBMISSION PROCESS All proposals must meet the following mandatory requirements in order to be considered. Failure to meet these requirements will be just cause for disqualification: All Proposals must be received by the Town Clerk, Town of Cobourg, Victoria Hall, 55 King St West, Cobourg, Ontario no later than 2:00 p.m. Local Time on November 29, Proposals will be opened at 2:05 p.m. Local Time of the same day. Late Proposals will not be accepted and will be returned unopened. The Proposal document shall clearly outline the consultant s approach and methodology for this assignment and shall include a Study Schedule and Cost Estimate. The Total Fee shall be clearly stated and shall include all costs including disbursements and taxes. A fee breakdown for key Study activities, estimated person-hours and hourly rate for key team members shall be provided, and the proposed method of monitoring the budget for this contract shall be outlined. A further fee breakdown for the activity described in 5. General Terms and Conditions, paragraph 3 shall be presented. Qualifications of team members shall be outlined along with their roles and responsibilities. The Project Manager and key staff shall be listed. Six copies of the submissions (one must be the original) including the Form of Proposal must be submitted as part of a complete submission package. The Form of Proposal must bear the original signature of each required signing officer of any incorporated Proponent, or where a Proponent is not incorporated the authorized signing authority for a partnership or proprietorship. If a joint Proposal is submitted it must be signed on behalf of each of the joint Proponents as outlined in the previous sentence. Proposals must be legible and written, printed, or typed in ink. Proposals written in pencil will not be considered. Any erasures or corrections to Proposals must be initialed or otherwise acknowledged or explained by the Proponent. Proponents must be able to satisfy the Town that they are capable of completing the work proposed. This Proposal is made by the Proponent without any connection, knowledge, comparison of figures or arrangement with any other person making a Proposal for the same work, and is in all respects fair and without collusion or fraud. 12

13 The Proponent warrants that no Member of Council, member of their families, or no employee of the Town is, or will be, directly or indirectly interested as a contracting party or partner, stockholder, surety or otherwise in the performance of the work, or the supplies, work, or business in connection with the Contract or any portion thereof. The Town reserves the right to investigate and evaluate the experience, capability, registration and financial position of any Proponent prior to award of Contract. Proposals must be completed with due care. All Proposals must conform to the instructions in this Document. If a Proposal does not conform in every way, even in ways which may seem to Proponents to be innocuous, that Proposal may be rejected by the Town as improper, and may not be considered at all. Proponents acknowledge that the submission of their Proposals is an acceptance of all of the conditions contained in this Document. Anything in this Document that a Proponent wishes to alter must be clearly outlined and indicated in the Proposal so that the Town may consider whether or not it will agree to the proposed change. If submission on any item does not conform in every detail with the specifications as written, the Proponent is requested to fully explain the deviation. The use of mail for delivery of a Proposal will be at the risk of the Respondent and delivery by the postal agency of the Government of Ontario or employee of the agency of the Crown or any courier service concerned with the reception or distribution of mail, will not be regarded as delivery unless the envelope comes into the possession of the above mentioned Town representative before said closing time. 7. CLARIFICATIONS All conditions and provisions of the RFP are deemed to be accepted by the Respondent and incorporated by reference in his or her Proposal, except such conditions and provisions as are expressly excluded in the Proposal. All contractual and technical questions relating to this RFP are to be directed to Teresa Behan or Rory Quigley, at Responses, if not already addressed in this RFP, will be addressed in the form of an addendum if required. No oral interpretations will be effective to modify any provisions of the Proposal, unless a written addendum has been issued by the Town prior to RFP closing. 8. NOTICE Every notice that the Town may be required to give to the Respondent shall be deemed to have been properly given if forwarded by mail and addressed to the Respondent at the address given in the Request for Proposal Form by the Respondent. 9. RFP SCHEDULE OF EVENTS 13

14 The RFP process will be governed according to the following schedule. Although every attempt will be made to meet all dates, the Town reserves the right to modify or alter any or all dates at its sole discretion by notifying all Respondents in writing at the address indicated in the completed RFP submitted to the Town. Release of RFP November 8, 2016 Submission Date November 29, 2016 Contract Award December 15, DEFINITIONS Whenever used in this Request for Proposal (RFP) a) Request for Proposal (RFP) means the document issued by The Corporation of the Town of Cobourg in response to which offers are invited for the performance of service therein. b) Proposal means the document submitted by the Proponent in response to the Request for Proposal c) Proponent means a bidder invited to submit a proposal in response to this RFP. d) Respondent means anyone submitting a Proposal in response to this RFP. e) Contract means the agreement (if any), the purchase order, the Request for Proposal and the Respondent s Proposal and any subsequent changes. f) Town means The Corporation of the Town of Cobourg. g) Consultant means any individual, firm, company or corporation whom a contract is awarded against an offer. 11. INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF PROPOSAL a. Non-Assignment Neither this Contract nor any work to be performed under this Contract or any part thereof may be assigned by the Respondent without the prior written consent of the Town. Such written consent, however, shall not under any circumstances relieve the Contractor of his/her liabilities and obligations under this Contract and shall be within the sole and unfettered discretion of the Town. b. Subcontractors Any companies intending to subcontract any portion of the work must clearly identify all subcontractors on the Form of Proposal. The Town reserves the right to accept or reject any subcontractors. The Respondent awarded the Contract will be considered the principal Contractor and will be held totally responsible for the performance of the work. c. Laws and Regulations The Respondent shall comply with the relevant federal, provincial and municipal statutes, regulations and by-laws pertaining to the work and its performance. The Contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 12. FORM OF PROPOSAL Price, references and subcontractors must be submitted as required on the Form of Proposal provided herein. All supplementary pricing will be attached to the Form of Proposal and will be considered to be an integral part of the Proposal. The Form of Proposal will be legibly signed and witnessed by an authorized officer of the Respondent s company and the 14

15 name of the company must be clearly identified. The Proposal will not be restricted by adding any statements, or by a covering letter or by alteration to the Form of Proposal as supplied, unless otherwise provided herein. Adjustments by facsimile or letter to Proposals already submitted will not be considered. 13. WITHDRAWAL OF PROPOSAL Respondents will be permitted to withdraw their Proposal, unopened, after it has been submitted if such a request is received by the Director of Legislative Services in writing prior to the time specified for the closing of the Proposals. 14. ACCEPTANCE OR REJECTION OF PROPOSALS The Town reserves the right to accept or reject any or all Proposals submitted. Further, Proposals may be accepted or rejected in total or in part on the basis that any acceptance or rejection is made to service the best interests of the Town. 15. CONFLICT OF INTEREST All firms are required to disclose to the Town prior to accepting this assignment any potential conflict of interest. If a conflict of interest does not exist as referred to above, the Town, may at its discretion, withhold the assignment from the Proponent until the matter is resolved to the satisfaction of the Town. If, during the conduct of the assignment, the Proponent is retained by another client giving use to a potential conflict of interest, then the Proponent shall so inform the Town and if a significant conflict of interest is deemed to exist by the Town, then the Proponent shall: a. refuse the new assignment; OR b. take such steps as are necessary to remove the conflict of interest Any contract with the Town resulting from an official order based on this Proposal is entered into on the part of the Town in full faith that no member of the Town Council or Officer of the Town has any interest whatsoever herein. 16. PURCHASING BY-LAW Proposals will be called, received, evaluated, accepted and processed in accordance with the Town s Purchasing Policy. By submitting a proposal for this contract, the Proponent agrees to be bound by the terms and conditions of such Policy and any amendments thereto, as fully as if it were incorporated herein. 17. PROPOSAL EXPIRY DATE Respondents hereby acknowledge that offers contained within their Proposals shall remain open for acceptance by the Town for a period of not less than ONE HUNDRED AND TWENTY (120) business days from the closing date established for RFPs. 18. CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE The Contract document shall consist of: a) the agreement (if any) 15

16 b) the purchase order c) the Request for Proposal document d) the Respondent s Proposal and any subsequent changes These documents and portions thereof, take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. Change notices, appendices and addenda to any contract document shall be considered part of such documents. 19. REQUEST FOR PROPOSAL DOCUMENT The information contained herein is provided to assist the Respondent in preparing the Proposal as to matters of concern to the Town and which the Town would likely expect to be dealt with or be included in the contract which will ultimately be entered into by the successful Respondent and the Town. Therefore, the Town shall not be bound to accept any Proposal which is submitted or to accept any Proposal as submitted by the Respondent without amendment, alteration, counter offer or any change which might result from negotiations between the parties. 20. EXECUTION OF CONTRACT The Form of Proposal must be signed by the authorized signing officer of the Respondent s company. Should the Respondent fail to execute the Contract or provide the required document within TWENTY-ONE (21) business days of award notification, the Town Clerk, in conjunction with the Department Head may; 1. grant additional time to fulfill the requirement; 2. recommend award of the Contract to the second point rated responsive and responsible Respondent; or 3. cancel the awarded Contract and seek damages accordingly. 21. DEFAULT BY CONTRACTOR If the Contractor commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property, or if the Contractor makes a general assignment for the benefit of its creditors, then, in any such case, the Town may, without notice, terminate the Contract. If the Contractor fails to comply with any request, instruction or order of the Town, or fails to pay its account, or fails to comply with or persistently disregard statutes, regulations, bylaws or directives of relevant authorities related to the work, or fails to prosecute the work with skill and diligence, or assigns or sublets the Contract or an portion of it without the Town's written consent, or refuses to correct defective work, or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the Contract, then, in any such case, the Town may, upon expiration of ten days from the date of written notice to the Contractor, terminate the Contract. Any termination of the Contract by the Town shall be without prejudice to any other rights or remedies the Town may have. 16

17 22. TERMINATION WITHOUT CAUSE Both the Town and the Contractor may terminate this contract without cause by providing a one hundred and eighty (180) days prior written notice to the other party of its intention to terminate the Contract. 23. REFERENCES Respondents are to complete the applicable section of the Form of Proposal, listing references of similar services provided. References from operations similar to the Town are requested. The Form of Proposal shall be returned with the Proposal submitted. 24. EXCEPTION OR DEVIATIONS In the event that a Respondent desires to take exception to any terms or conditions set forth in any part of this RFP, said exceptions must be clearly identified in the response to this RFP. Exceptions or deviations to any of the terms and conditions must not be added to the Proposal but must be a separate document accompanying the Respondent s Proposal. 25. FREEDOM OF INFORMATION The Town will comply with the requirements of the Municipal Freedom of Information and Protection of Privacy Act. 26. PRICES AND METHOD OF PAYMENT All prices submitted on the Form of Proposal must be in Canadian Funds and identify all applicable taxes. 27. LABOUR DISPUTES The Contractor shall bear the risk and responsibility of any loss, damage or expense to the work, or to himself or herself or any nature and kind whatsoever arising from strikes or labour disputes other than such loss, damage or expense caused by the failure of the Town to meet its obligations under the Contract INDEMNITY The Proponent will indemnify and save the Town harmless from and against any and all actions, suits, claims and demands and from all loss, costs, charges and expenses, including legal expenses, which may be brought against or made upon the Town by any party whatsoever or which may be incurred, sustained or paid by the Town in consequence of the acts or omissions of the Proponent or those for whom it is responsible at law, arising in relation to the provision of the services contemplated in this Request for Proposal. 29. LIABILITY INSURANCE POLICY Upon award of the Contract, prior to the issuance of a purchase order, the Contractor must furnish the Town with a CERTIFIED copy of a Liability Insurance Policy, covering Public Liability, Bodily Injury and Property damage (Inclusive Limits) under both the Comprehensive General Liability and Automobile Policies in a minimum amount of $5,000,000 inclusive. Such policy shall contain: 1. A cross liability clause or endorsement; 2. An endorsement certifying that The Corporation of the Town of Cobourg is included as an additional insured; 17

18 3. An endorsement to the effect that the policy or policies will not be altered canceled or allowed to expire without thirty (30) days advance written notice to The Corporation of the Town of Cobourg The Liability Insurance Policy and/or endorsement shall be satisfactory to the Town. The insurance must be valid for the duration of the Contract. 4. Prior to commencement of work on behalf of the Town, the Contractor must provide a Clearance Certificate from Workplace Safety and Insurance Board, properly signed and witnessed. On completion of the work, before the final payment is made, the Contractor will furnish a certificate from the Workplace Safety and Insurance Board indicating that the Contractor is in good standing. Failure to submit the required documents TWENTY-ONE (21) business days after notification shall be sufficient cause for the Town to cancel the Contract. The costs, insurance and other miscellaneous items of this project shall be deemed to have been included in the total proposed price. 30 STARTING DATES The project will begin upon notification of award by the Town. 31. TOWN S RESPONSIBILITIES The Town will not be responsible for damage to the Contractor s supplies, materials or equipment nor for the Contractor s employees personal belongings. 32. HEALTH AND SAFETY Where Work is performed on the Town s property or on behalf of the Town, the Contractor shall at all times comply with the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 (the Act ) and its regulations (the Regulations ), as amended, and applicable Industrial Standards for the Work (the Standards ) and shall be responsible for and take every precaution reasonable in the circumstances for the protection of all Workers associated with the Work being performed, whether employed by the Contractor, the Town or third party and for the protection of third parties. 33. PROPOSAL EVALUATION CRITERIA Proposals will be assessed on the basis of information provided by the Respondent at the time of submission as well as, if requested by Town staff, additional information provided during subsequent meeting with the Respondent. The evaluation of Proposals will be conducted by an evaluation team comprised of staff members and selected members of the Parks and Recreation Advisory Committee who shall provide recommendations of award to the Council of the Town of Cobourg. 18

19 Proposals meeting the mandatory requirements will be further assessed against the following desirable criteria: CRITERIA Cost to the Town of Cobourg Experience of Firm in similar scope of work projects Client References/Track Record Quality of Proposal and Compliance with proposal Requirements Ability to commence work immediately and proposed schedule Value Added; Innovative Concepts/Uniqueness 7 Demonstrated commitment to Environmental/Social Stewardship in work plan and professional philosophy Evaluation Subtotal Presentation (if necessary) Total Available Points MAX. SCORE SIGNATURE OF AUTHORIZED OFFICAL DATE PLEASE PRINT NAME Selection of a proposal(s) will be based on all the above criteria (but not solely limited to the above) and any other relevant information provided by the Respondent(s). The Town reserves the right to prioritize and weigh the importance of each criterion confidentially. The Town will not be liable for any costs incurred by Respondents in the preparation of Proposals, site inspections, interviews, or any other services that may be requested as part of the evaluation process. 34. SELECTION PROCESS The Town reserves the right to accept or reject any or all proposals, award in all or in part, to enter into negotiations with one or more submitting firms and to waive irregularities and omissions if in so doing the best interests of the Town will be served. The Respondent is encouraged to ensure that their proposal is submitted in the most favorable terms in order to reflect the best possible potential, since less than best potential could result in exclusion of the proposal from further consideration. 19

20 Respondents, whose proposals have been selected for further evaluation, may be invited to attend an interview with the Evaluation Committee where their proposal will be discussed. Respondents may be requested to clarify information provided in their submission. Respondents are encouraged to provide any additional information, which may be relevant in the evaluation of their proposal. All proposals are to be submitted on the understanding that the selection of a proposal for discussion by the Evaluation Committee shall not thereby result in the formation of a contract nor shall it create any obligation on the Town to enter into further discussions. Information received from Respondents is collected in accordance with and subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. 35. CONTRACT AWARD Provided that at least one of the Proposals received meets the approval of the evaluation committee, a recommendation for award will be made on the basis of the evaluation. The award of the contract is subject to the best value for the Town On approval of the evaluation committee s recommendation by Council, the Successful Respondent may be required to enter into a formal contract agreement. Written notification to the Successful Respondent and the issue of a Purchase Order shall result in a binding contract between the Town and the Successful Respondent unless otherwise stated. 20