Request for Proposals 2014-RFP-21 MUNICIPAL TOWING AND RECOVERY SERVICES

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1 Request for Proposals 2014-RFP-21 MUNICIPAL TOWING AND RECOVERY SERVICES Date Issued: November 7, 2014 The City of Penticton invites qualified companies to submit a Proposal to provide the City s municipal towing and recovery services. Original and two (2) copies of an RFP in a sealed envelope plainly marked RFP-21 Municipal Towing and Recovery Services must be received prior to 2:00 p.m. local time on Tuesday, November 25, 2014 Closing Location: Courier, mail or hand delivery to: City of Penticton Purchasing Department 616 Okanagan Avenue East Penticton, BC V2A 3K6 All enquiries must be directed in writing to cathy.ingram@penticton.ca It is the sole responsibility of the proponent to check the City s website at for any updated information and addenda issued before the closing date. is the only authorized website to register and obtain competitive bid documents for the City of Penticton opportunities. The City of Penticton shall not be held responsible for our competitive bid documents that are located on any other website. Purchasing Department 616 Okanagan Avenue East Penticton, BC V2A 3K6 TEL FAX purchasing@penticton.ca * PROPOSALS WILL NOT BE OPENED IN PUBLIC * 1

2 TABLE OF CONTENTS INTRODUCTION... 3 REQUEST FOR PROPOSAL TERMS... 3 SCOPE OF WORK EVALUATION OF PROPOSALS PROPOSAL RESPONSE FORMAT APPENDIX A CERTIFICATION DOCUMENT APPENDIX B CONFLICT OF INTEREST CERTIFICATION APPENDIX C INSURANCE REQUIREMENTS APPENDIX C-1 - CERTIFICATE OF INSURANCE APPENDIX D LETTER OF CREDIT FORMAT APPENDIX E ICBC TOWING AND STORAGE RATE PAYMENT SCHEDULE APPENDIX F REVENUE SHARING SCHEDULE APPENDIX G COMPANY INFORMATION APPENDIX H EQUIPMENT SCHEDULE APPENDIX I STORAGE LOT(S) AND BUILDING DETAILS APPENDIX J PRIME CONTRACTOR AGREEMENT APPENDIX K PROPOSED CONTRACT TERMS AND CONDITIONS

3 1.0 INTRODUCTION The City of Penticton (the City) is seeking a qualified contractor to provide towing and other associated services on an as required basis 24 hours a day, 7 days a week, 365 days a year to the City and the Penticton RCMP Detachment. All tows performed under this contract will be within the City of Penticton boundaries. The Contract will be for a three (3) year term with up to two (2) optional one (1) year extensions commencing January 1, REQUEST FOR PROPOSAL TERMS The City has formulated the terms and procedures set out in this Request for Proposals (RFP) to ensure that it receives Proposals through an open, competitive process, and the Proponents receive fair and equitable treatment in the solicitation, receipt and evaluation of their Proposals. The following terms will apply to this Request for Proposal and to any subsequent Contract. Submission of a Proposal in response to this Request for Proposal indicates acceptance of all the following terms. 2.1 DEFINITIONS Throughout this Request for Proposal, terminology is used as follows: 1. Best Value means the value placed upon quality, service, past performance and price. 2. City means The Corporation of the City of Penticton. 3. City Representative means the representative or appointee engaged by the City to supervise the work. 4. Contract means a written agreement between the City and the Successful Proponent. 5. Contractor means a Successful Proponent to this RFP who enters into a written Contract with the City. 6. must, mandatory or required means a requirement that must be met in order for a Proposal to receive consideration. 7. Premises shall mean building(s) or part of a building with its appurtenances. 8. "Proposal" shall mean the Proponent's submission to the RFP. 9. Proponent means a party submitting a Proposal to this RFP. 10. RCMP means the Royal Canadian Mounted Police Penticton Detachment. 11. Registered Owner means the owner of a vehicle as defined in the Motor Vehicle Act. 12. Request for Proposal includes the documents listed in the index of the Request for RFP and any modifications thereof or additions thereto incorporated by addenda before the close of RFP. 13. RFP means the Request for Proposal. 14. Services mean any labour, duty and /or efforts to accomplish the purpose of this project. 3

4 15. should or desirable means a requirement having a significant degree of importance to the objectives of the Request for RFP. 16. Special Conditions means the special conditions, which are included in the RFP. 17. Specifications means the specifications which are included in the RFP. 18. Subcontractor includes, inter alia, a person, firm or corporation having a contract with the Successful Proponent for the execution of a part or parts, or furnishing to the Successful Proponent materials and/or equipment called for in the RFP. 19. Successful Proponent means the Proponent submitting the most advantageous RFP as determined by the City of Penticton. 20. Work means any labour, duty and/or efforts to accomplish the purpose of this project. 2.2 NOT A TENDER This Request for Proposal is not a tender call, and the submission of any response to this RFP does not create a tender process. By this RFP, the City reserves to itself the absolute and unfettered discretion to invite submissions, consider and analyze submissions, select short-listed Proponents or attempt to negotiate a contract with the Successful Proponent as the City considers desirable. Without limiting the generality of the foregoing, the City reserves the right to:.1 Reject, consider or short-list any submission whether or not it contains all information required by this RFP;.2 Require clarification where a submission is unclear;.3 Reject any or all submissions without any obligation, or any compensation or reimbursement, to any Respondent, intended Proponent, or any other person associated with this RFP process;.4 Disqualify or reject any submission without discussion with the submitting party;.5 Reject any submission that the City considers is not in its best interests. 2.3 NO OBLIGATION TO PROCEED Though the City fully intends at this time to proceed through the RFP, the City is under no obligation to proceed to the purchase, or any other, stage. The receipt by the City of any information (including any submissions, ideas, plans, drawings, models or other materials communicated or exhibited by any intended Proponent, or on its behalf) shall not impose any obligations on the City. There is no guarantee by the City, its officers, employees or agents, that the process initiated by the issuance of this RFP will continue, or that this RFP process or any RFP process will result in a contract with the City. 2.4 CITY S DECISION-MAKING The City has the power to make any decision, or to exercise any contractual right or remedy, contemplated in this RFP at its own absolute and unfettered discretion. 2.5 ADDENDA AND SUBSEQUENT INFORMATION Proponents are advised that all subsequent information regarding this RFP including any addendum will 4

5 be distributed on the City s webpage. Notification will automatically be sent to all registered Proponents, however, it is the responsibility of all Proponents to check for addenda, which may be posted at any time up to closing time, prior to submitting their Proposal. All addenda must be acknowledged in a Proponent s submission on the Certification Document. 2.6 ENQUIRIES All enquiries related to this Request for Proposal are to be directed, in writing, to Cathy Ingram, Purchasing Manager City of Penticton 616 Okanagan Avenue East Penticton, BC V2A 3K6 Fax: purchasing@penticton.ca Subject: 2014-RFP-21 Inquiry Information obtained from any other source is not official and should not be relied upon. Enquiries and responses will be recorded and may be distributed to all Proponents at the City s option. Any questions regarding this RFP must be submitted at least five (5) working days prior to the closing date. Any questions submitted after this date may not be answered. 2.7 FINAL DATE AND TIME FOR RECEIPT OF PROPOSALS Sealed Proposals, clearly marked on the outside of the envelope with the words 2014-RFP-21 Municipal Towing will be received at the office of the Purchasing Manager, 616 Okanagan Avenue East, Penticton, BC V2A 3K6 up until 2:00 PM, Local Time Tuesday, November 25, Proposals will not be opened publicly. Proposals must not be submitted electronically by facsimile or . Proposals and their envelopes should be clearly marked with the name and address of the Proponent, the Request for Proposal number, and the project or program title. 2.8 LATE PROPOSALS Late Proposals will not be accepted and will be returned unopened to the Proponent. 2.9 ELIGIBILITY Proposals will not be evaluated if the Proponent s current or past corporate or other interests may, in the City s opinion, give rise to a conflict of interest in connection with this project EVALUATION COMMITTEE Evaluation of Proposals will be by a committee formed by the City and may include a representative of the Purchasing Division EVALUATION AND SELECTION Proposals will be checked against the mandatory criteria. Proposals not meeting all mandatory criteria will be rejected without further consideration. Proposals that do meet all the mandatory criteria will then be assessed and scored against the desirable criteria. The City s intent is to enter into a Contract with the Proponent who has the highest overall ranking. By responding to this RFP, Proponents will be deemed to have agreed that the decision of the Evaluation 5

6 Team will be final and binding CRIMINAL RECORD REVIEWS Proposals MUST be accompanied by a completed criminal record check for every owner/principal of the firm submitting the Proposal. The cost of these criminal record checks is borne by the Proponent. Any Proposals received without the required criminal record checks will not be considered. Any criminal record check that is deemed unsatisfactory, at the sole discretion of the OIC, will be cause for rejection of the Proposal. The Successful Proponent will be required to make applications for a criminal record check for all employees and subcontractors that will have contact with or control over any of the tows and/or storage under the Contract. The cost of the criminal record check will be borne by the Contractor. The RCMP Officer In Charge (OIC) or their designate will review the results of the criminal record check for acceptance or rejection at their sole discretion AWARD AND NOTICE TO PROCEED Within 15 calendar days of receipt of the written Notice of Award from the City, the Successful Proponent shall supply the following documentation: Certificate of Insurance, Performance Bond (equal to one month s bid amount) WCB Clearance Letter, a copy of the current Penticton or inter-community Business License, list of all tow trucks along with legible copies of valid vehicle registrations and commercial vehicle licenses, a signed Prime Contractor Agreement (see Appendix J), a list of owners, employees and subcontractors complete with legible copies of valid British Columbia Drivers Licenses, appropriate for the class of vehicle(s) being operated, for all persons operating any of that firm s vehicles or equipment to be used to provide towing and storage services to, or on behalf of, the City. Within 15 calendar days of receipt of the written Notice of Award from the City, the Successful Proponent shall make application for a criminal record check for all employees and subcontractors named on the above noted list. Proof of application is to be provided to the City upon request. The Successful Proponent will be responsible to submit the completed criminal record checks to the Purchasing Manager in a sealed envelope. Prior to the issuance of a Notice to Proceed the Contractor will submit twelve postdated cheques for the monthly Contract amount to the Accounts Receivable Division of Financial Services at Penticton City Hall. All cheques shall be made payable to the City of Penticton NEGOTIATION DELAY If a written Contract cannot be finalized within thirty days of notification of the Successful Proponent, the City may, at its sole discretion at any time thereafter, rescind the award with that Proponent and either award to the next qualified Proponent or choose to terminate the Request for Proposal process and not enter into a Contract with any of the Proponents SIGNED PROPOSALS The Proposal must be signed by the person(s) authorized to sign on behalf of the Proponent and to bind the Proponent to statements made in response to this Request for Proposal. Please complete the Certification Document. 6

7 2.17 ALTERNATIVE SOLUTIONS If alternative solutions are offered, please submit the information in the same format, as a separate Proposal CHANGES TO PROPOSAL WORDING The Proponent will not change the wording of its Proposal after closing date and time and no words or comments will be added to the Proposal unless requested by the City for purposes of clarification WORKING LANGUAGE OF THE CITY The working language of the City is English and all responses to this Request for Proposal must be in English IRREVOCABILITY OF PROPOSALS By submission of a clear and detailed written notice, the Proponent may amend or withdraw its Proposal prior to the closing date and time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be successful the Proponent will enter into a contract with the City of Penticton PROPONENTS EXPENSES Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the City, if any. If the City elects to reject all Proposals, the City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever LIMITATION OF DAMAGES Further to the preceding paragraph, the Proponent, by submitting a Proposal, agrees that it will not claim damages, for whatever reason, relating to the Contract or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its Proposal and the Proponent, by submitting a Proposal, waives any claim for loss of profits if no contract is made with the Proponent FIRM PRICING Proposals must be firm for at least 90 days after the closing date. Revenue share prices shall be in Canadian funds and will be firm for the entire Contract period. Proponents are solely responsible for ensuring prices take into account any fluctuations in fuel prices or other variable costs during the Contract period. Adjustments in the Contractor s charges to the public are only permitted in accordance with adjustments as may be permitted and published by the Insurance Corporation of British Columbia (ICBC) and the City of Penticton Fees and Charges Bylaw as amended from time to time CURRENCY AND TAXES Prices quoted are to be:.1 in Canadian dollars;.2 inclusive of duty, where applicable;.3 FOB destination, delivery charges included where applicable; and.4 exclusive of GST. 7

8 Proponents acknowledge that, if it is a non-resident company, payments to the Proponent, as a nonresident, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Proponent, as a non-resident, provides the City with an official letter from Canadian Customs and Revenue Agency waiving the withholding requirements, the City will withhold the taxes it determines are required under the Income Tax Act (Canada) COMPLETENESS OF PROPOSAL By submission of a Proposal the Proponent warrants that, if this Request for Proposal is to design, create or provide a system or manage a program, all components required to run the system or manage the program have been identified in the Proposal or will be provided by the Contractor at no charge SUB-CONTRACTING.1 Using a sub-contractor (who must be clearly identified in the Proposal) is acceptable..2 Sub-contracting to any firm or individual whose current or past corporate or other interests may, in the City s opinion; give rise to a conflict of interest in connection with this project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Request for Proposal..3 Any sub-contracting of the service to any firm or individual after the award of a Contract must have prior written approval by the City ASSIGNMENT This RFP and any resulting Contract may not be assigned by either party without the prior written consent and approval of the other party, which consent may not be unreasonably withheld. Either party, without the prior written consent and approval of the other party, may not assign or sell the same in connection with the transfer or sale of substantially its entire business to which this Contract pertains or in the event of its merger or consolidation with another company. Any permitted assignee shall assume all obligations of its assignor under this Contract. No assignment shall relieve any party of responsibility for the performance of any accrued obligation that such party then has here under ACCEPTANCE OF PROPOSALS.1 This Request for Proposal should not be construed as a Contract to purchase goods or services. The City is not bound to accept the lowest priced or any Proposal of those submitted. Proposals will be assessed in light of the evaluation criteria. The City will be under no obligation to receive further information, whether written or oral, from any Proponent..2 Neither acceptance of a Proposal nor execution of a Contract will constitute approval of any activity or development contemplated in any Proposal that requires any approval, permit or license pursuant to any federal, provincial, regional district or municipal statute, regulation or bylaw CONTRACT EXECUTION Notice in writing to a Proponent of the acceptance of its Proposal by the City and the subsequent full execution of a Contract will constitute a Contract for the goods or services, and no Proponent will acquire any legal or equitable rights or privileges relative to the goods or services until the occurrence of both such events LIABILITY FOR ERRORS While the City has used considerable efforts to ensure an accurate representation of information in this Request for Proposal, the information contained in this Request for Proposal is supplied solely as a 8

9 guideline for Proponents. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve Proponents from forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal 2.31 CONTRACT WITH REQUEST FOR PROPOSAL TERMS By submitting a Proposal the Proponent agrees to all the terms and conditions of this Request for Proposal, except any proposed amendments to Appendix K (Proposed Contract Terms and Conditions), the Proponent makes under the provisions of Clause Proponents who have obtained the Request for Proposal electronically must not alter any portion of the document, with the exception of adding the information requested. To do so will invalidate the Proposal MODIFICATION OF TERMS The City reserves the right to modify the terms of the Request for Proposal at any time at its sole discretion OWNERSHIP OF PROPOSALS AND FREEDOM OF INFORMATION All documents, including Proposals, submitted to the City become the property of the City. They will be received and held in confidence by the City, subject to the provisions of the Freedom of Information and Protection of Privacy Act. For additional information, please go to: USE OF REQUEST FOR PROPOSAL This document, or any portion thereof, may not be used for any purpose other than the submission of Proposals CONFIDENTIALITY OF INFORMATION All Proponents and any other person who through this RFP process gains access to confidential financial information of the City are required to keep strictly confidential all information which in any way reveals confidential business, financial or investment details, programs, strategies or plans, learned through this RFP process. This requirement will continue with respect to such information learned by the Successful Proponent, if any, over the course of any contract for service which arises out of this RFP process. Information pertaining to the City obtained by the Proponent as a result of participation in this process is confidential and must not be disclosed without written authorization from the City CONFLICT OF INTEREST Any potential conflict of interest must be disclosed to the City in writing through the use of the Conflict of Interest Certification in Appendix B. Any conflict of interest identified will be considered and evaluated by the City. The City has the sole discretion to take the steps they deem necessary to resolve the conflict. If, during the term of the Contract, a conflict or risk of conflict of interest arises, the Contractor will notify the City immediately in writing of that conflict or risk and take any steps that the City reasonably requires to resolve the conflict or deal with the risk RECIPROCITY The City may consider and evaluate any Proposals from other jurisdictions on the same basis that the government purchasing authorities in those jurisdictions would treat a similar Proposal from a City of Penticton supplier. 9

10 2.38 CONTACTS DURING THE RFP PROCESS Only the Purchasing Manager for the City of Penticton (or designate) is the City s representative authorized to communicate and otherwise deal with Proponents and all Proponents must communicate and otherwise deal with that person only. Contact with any other City representative, including members of Council, officers or employees of the City regarding this RFP or a Proponent s submission may result in that Proposal being removed from consideration for this and any future competitions. In the case of a Proponent having a dispute with their submission being removed under this clause, a formal appeal letter must be presented to the Purchasing Manager within five working days of notice of removal, stating clearly the reason(s) that they feel that their submission should be reinstated. Under this process the City Manager, at their sole discretion, will make the final decision EXCEPTIONS TO PROPOSED CONTRACT TERMS AND CONDITIONS The City s proposed form of Contract is attached as Appendix K to this RFP. If a Proponent requires amendments to the Contract, it should state such proposed amendments in its Proposal in a separate section with the heading Exceptions. Any proposed amendments will be used in evaluating the Proponent s Proposal and the City is not bound to accept any alternative proposed. Proponents should note that the City will not consider exceptions to the Contract that are not submitted in writing in accordance with the above requirements SECURITY Prior to starting work, the Contractor will be required to deliver to the City a Performance Bond, cash or bank Letter of Credit equal to one months bid amount. All bonds will be issued by a corporation licensed to carry on the business of surety in British Columbia. Only cash or clean, irrevocable bank letters of credit which must be in a format pre-approved by the City (See Appendix D) are considered cash equivalents LAWS OF BRITISH COLUMBIA This Request for Proposal will be governed by and will be construed and interpreted in accordance with the laws of the Province of British Columbia. 3.0 SCOPE OF WORK 3.1 BACKGROUND The Penticton RCMP Detachment requests an estimated 1,500 tow calls per year. In addition, they request approximately 25 police vehicle tows and 300 investigational tows. The City s Bylaw Services Department request an estimated 50 tows per year for a variety of purposes including, but not limited to, parking violations, abandoned vehicles and unsightly premises. This includes the removal and storage of impounded shipping/storage containers. The City s Fleet Department requests approximately 20 tow calls per year with 17 of these tows involving a deck tow truck. The City s Facilities Department requests approximately 8 tow calls per year to haul mobile washrooms, approximately 18,000 lbs. 10

11 The Penticton Fire Department requires approximately 24 scrap vehicles per year for training purposes. This includes the scrap vehicle tows to and from Fire Hall #2 at 285 Dawson Avenue. All quantities shown are historical or estimates only. Quantities are provided for bidding purposes only and are not a guarantee as to quantity of work. Quantities may vary up or down over the term of the Contract. 3.2 REQUIREMENTS AND PROJECT SCOPE The Contractor is required to provide the following services 24 hours a day, 7 days a week, 365 days a year:.1 RCMP TOWING The Contractor will provide the following towing and storage services to the RCMP within the City of Penticton: (i) (ii) (iii) (iv) Motor vehicle accident (MVA) tows where there is no Registered Owner preference; Tows of RCMP vehicles to the secure storage lot as provided under the Contract, when requested by a member of the RCMP; Tows of other vehicles to the secure storage lot provided under the Contract, when requested by a member of the RCMP; and Tows of any vehicle for police investigational purposes, including: a) Stolen Automobiles; b) Take Vehicle without owner s consent automobiles; c) Motor Vehicle Accident vehicles, when the tow is for investigational purposes; d) Fatal Motor Vehicle Accident vehicles for mechanical inspections; e) Drug Investigation tows; and f) Any other tow that is deemed by the investigator to be an investigational tow. Investigational tows are defined as the tow from the scene to the RCMP detachment and /or the secure storage lot. Investigational tows may be required, at the direction of the RCMP member, to be stored within the secured heated building within the secured storage lot. Investigational storage is defined as the length of time that it takes for the investigation to be completed and the vehicle is released by the investigator or the OIC of the day in the investigators absence..2 BYLAW SERVICES TOWING The Contractor will provide the following towing and storage services to the City and the RCMP within the City of Penticton: a) To tow any vehicle, chattel or obstruction due to a bylaw infraction to the secure storage lot as provided under the Contract as requested by a City of Penticton Bylaw Enforcement Officer, City of Penticton and Contracted Traffic Officers or any member of the RCMP; and b) To relocate vehicles within any City owned parking lot or facility as required for lot maintenance..3 FLEET TOWING The Contractor will provide the following towing and related services to the City of Penticton Fleet Department:: 11

12 a) To tow City of Penticton vehicles, ranging from compacts to tandem gravel trucks to locations as directed by employees of Fleet Department; and b) To haul hired equipment as required by Fleet Department. c) To tow, relocate and store, if necessary, vehicles for the purpose of performing snow removal and civic operation maintenance and repair access..4 FIRE DEPARTMENT VEHICLE SUPPLY AND TOWING The Contractor will provide the City s Fire Department with the following: a) Supply of approximately 2 scrap vehicles per month to be used for training purposes. The Contractor must have ownership, and will retain ownership, of these scrap vehicles. These vehicles are to be delivered to Fire Hall #2 and picked up after the training is complete. Vehicles should include cars, trucks, vans and commercial vehicles and vehicles should range from small to full size; and b) To tow any vehicle to and from the Fire Hall #2 for auto extrication training within 48 hours of notification as requested by a member of the Penticton Fire Department. A deck tow truck may be required for removal of the vehicles..5 RESTRICTON PARKING OF COMMERCIAL VEHICLES IN RESIDENTAL AREAS The Contractor will NOT be permitted to park commercial vehicles in residential areas. Pursuant to Section 3.2(A)21 of Traffic Bylaw as amended, commercial vehicles over 5,600 kg are prohibited from parking on a highway in a residential area or adjacent to a park or institutional property. Pursuant to the B.C. Motor Vehicle Act, tow trucks are not considered an essential service and the City will enforce the Traffic Bylaw for parking infractions and noise infractions..6 MVA SITE CLEAN-UP & DEBRIS REMOVAL The Contractor shall provide services and equipment necessary for clean-up and removal of glass, metal, fluid spills and other debris at the scene of every accident that they attend, the cost of which shall be borne entirely by the Contractor. Vehicular fluid removal utilizing absorbent material or other methods shall be disposed of consistent with environmental regulations as applicable. If the Contractor neglects or fails to clean up the scene, necessitating the utilization of City forces to do so, the City may bill the Contractor for costs incurred and if the Contractor fails to reimburse those costs the City may utilize the performance security to recover said costs..7 ABANDONED VEHICLES, MACHINES OR CHATTEL The Contractor will comply with the City s current Traffic Bylaw and all subsequent amendments thereto. If the Contractor, following the applicable notification period, is notified that a vehicle or chattel has been abandoned, the Contractor will dispose of same in accordance with the Community Charter, Warehouse Lien Act, Mechanics Lien Act and/or any other applicable statutes..8 UNLOCKING OF VEHICLES The Contractor shall provide services and equipment necessary to unlock vehicles at the request of the RCMP, Fire Department and/or the Bylaw Services Department. The unlocking of vehicles may be a Priority 1 call. 12

13 3.2.2 FEES All tows performed under the Contract will be at no cost to the City of Penticton or the RCMP unless otherwise provided in the Proposal. The Contractor, the Contractor s Representative, or the Contractor s sub-contractor will adhere to the current ICBC Towing and Storage Rate Payment Schedule when charging Registered Owners for all other tows and storage on behalf of the City and/or requested by the RCMP (Appendix E) Investigational tows are not to be billed to any other person or agency. The Registered Owner or their insurance company will be responsible for any remaining towing charges and all storage charges after the investigational storage is completed LENGTH OF CONTRACT The term of the Contract shall be for three years, commencing at 00:01 hours January 1, 2015 or at 00:01 hours on the date of the Notice to Proceed, whichever is the latest, and will terminate at 23:59 hours on December 31, The Contract may be extended thereafter for each of the two (2) additional one (1) year extension periods at the sole option and discretion of the City, but subject to: a) The extending Contract being mutually agreed to and duly executed by the parties at least five (5) months prior to the expiration of the original term of the Contract or subsequent extension; and b) Retention of the terms and conditions of the original Contract or subsequent extension. The City at its discretion may extend the Contract on a month to month basis according to the terms then in effect CRIMINAL RECORDS REVIEW AND PHOTO IDENTIFICATION The City reserves the right to review the names and personal details (to the extent permitted by law) of the Contractor s owners, employees and subcontractors in order to make its own determination as to the overall suitability of any such persons to perform their respective portion or portions of the services, based on past driving history and/or past criminal history. This may be extended to include the Contractor s clerical or Storage Lot personnel who will have contact with members of the public for the purpose of returning vehicles or assisting the public with property retrieval. All owners, employees and subcontractors of the Contractor that will have contact with or control over any of the tows and/or storage will be required to have an annual criminal record check. The cost of the criminal record check will be borne by the Contractor. The OIC or their designate will review the results of the criminal record check for acceptance or rejection to perform work under the Contract. All owners, employees and sub-contractors of the Contractor who have attained a successful criminal record check will be issued with (by the RCMP) and be required to wear a photo identification card when conducting Towing and Related Services under this Contract. It will be the responsibility of the Contractor to ensure that their employees wear the photo identification card. The Contractor will be responsible for the return of the photo identification card of any employee leaving their company s employment. All new employees of the Contractor will be required to complete the process. Failure to wear the tag will result in a complaint against the Contractor. RCMP members are to report this violation to the OIC and Bylaw Enforcement Officers will report violations to their Supervisor or their Supervisor s delegate with a copy to the Penticton RCMP OIC. The OIC may have a follow up meeting with the Contractor to determine the circumstances of the failure to wear the photo identification tag and to determine a resolve. 13

14 3.2.5 EQUIPMENT The Contractor must provide equipment of sufficient quantity and capacity to perform and complete all towing requests made under the Contract. All vehicles must be available for use within the city of Penticton municipal boundary. The tow trucks involved in this Contract must be in prime operating condition and have little or no rust evident. The tow trucks should not be in excess of ten (10) years of age. Acceptance of any tow trucks in excess of ten (10) years of age will be at the sole discretion of the Purchasing Manager or her designate. The Contractor s tow truck fleet may be inspected prior to the awarding of the Contract and at various intervals, as determined by the Purchasing Manager or her designate, during the course of the Contract with the City of Penticton providing 24 hour notice for access to inspect. Failure to meet the vehicle requirements in the initial inspection may impact the issuance of a Notice to Proceed for the Contract. Failure to meet the vehicle requirements, as a result of inspections conducted during the Contract will result in the offending tow truck being removed from service for up to thirty (30) days for the Contractor to meet the minimum required compliance. Contractor s failure to meet the thirty (30) day deadline will result in a review of the Contract for non-compliance by the Purchasing Manager or her designate. The Contractor will supply a list of all tow trucks annually to the OIC, along with legible copies of valid vehicle registrations and insurance policy / policies covering each vehicle being used to provide towing and storage services under this contract. The list is to include the towing capacity of each tow truck. The date for the submission of this list will be dependent upon the Contractor s fleet insurance dates of coverage STORAGE LOT The Contractor will have a permanent secure lot (the Storage Lot ) within the city of Penticton municipal boundary, for securing of towed vehicles. The Storage Lot must: a) be secured (e.g. locked and fenced) such that a person would reasonably believe that entering into such an area would constitute trespassing, the design of which will be presented and subject to the approval of the City; b) be fenced and screen the area from public view. Any damage to the fence should be repaired within twenty-four (24) hours. c) have sufficient capacity to store vehicles as required under the Contract; d) meet all municipal, provincial and other legal requirements including those relating to the storage of towed vehicles and to land use; e) have a secure heated garage type building and the Contractor must allow the RCMP access to the building to conduct forensic examinations as required by the investigative tows; and f) have at least one sign, in accordance with the City of Penticton Sign Bylaw , as amended, that is clearly visible at the entrance to the lot, and includes: (i) the name of the Contractor operating or using the Storage Lot(s) in connection with Towing and Related Services or for vehicle storage or impounding; (ii) the address of the Storage Lot(s); and (iii) telephone contact number. 14

15 The City will consider Proposals where a rezoning or temporary land use application is pending and has a reasonable chance of success. If improvements to the Proponent s Storage Lot will be needed in order to meet the Storage Lot requirements above, Proponents must include a plan for these improvements with their Proposals. The plans must have a reasonable chance of success within the necessary timeframe; the acceptability of these plans will be at the sole discretion of the City Purchasing Manager or their designate. The completion of any improvements and/or land use application would be required prior to the issuance of the Notice to Proceed. Any vehicles impounded in the course of providing services to, or on behalf of, the City or the RCMP must be stored at the Storage Lot(s). Such vehicles, machinery or chattels shall remain in the custody of the Contractor unless otherwise directed by a member of the RCMP, Bylaw Enforcement Officer or any City employee authorized in that behalf. Any proposed additions, deletions, or changes of location to the Storage Lot associated with this Contract must be pre-approved by the City Purchasing Manager, or her designate. The Contractor s Storage Lot may be inspected after the awarding of the Contract and at various intervals as determined by the OIC during the course of the Contract with the City of Penticton providing 24 hour notice for access to inspect. Failure to meet the minimum Storage Lot requirements in the initial inspection may impact the issuance of a Notice to Proceed for the Contract..1 STORAGE LOT ACCESS If the Contractor is notified that a vehicle is to be held, the Contractor shall deny access by all individuals except as directed by RCMP Members, Bylaw Enforcement Officers or other City employees so authorized, or until the Contractor is notified by RCMP Members, Bylaw Enforcement Officers or other City employees so authorized that this restriction has been removed. The Contractor shall obtain approval from RCMP Members, Bylaw Enforcement Officers or other City employees so authorized, prior to any property being removed from a stored or impounded vehicle. This includes the removal of property by the Contractor to a secured area within the business. A receipt listing the removed property shall be provided to the Registered Owner and to the applicable City representative, with a copy placed in the stored vehicle. Any property to be removed must have written authorization from the Registered Owner. The requirement to obtain approval from the RCMP, Bylaw Enforcement Officer, or other City employee so authorized prior to the removal of property may be excused by the City if it is determined proper safeguards and procedures are utilized by the Contractor RESPONSE TIMES a) This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation. b) The Contractor may release personal property from any impounded/stored vehicle at the request of the vehicle s Registered Owner, provided the Contractor receives prior approval from the RCMP Member, Bylaw Enforcement Officer or other City employee so authorized. c) Personal property is considered to be items which are not affixed to the vehicle. Personal property from a stored vehicle shall be released to the current Registered Owner or their authorized agent upon demand and without charge during normal business hours. Tows will be designated as Priority 1 and Priority 2. Priority 1 will include traffic obstruction, safety/environmental protection, tows dependent upon resource allocation and time sensitivity i.e. rush 15

16 hour. Priority 2 tows will be all remaining tows such as overtime parking, breakdowns which are not obstructing traffic, etc. The Contractor, the Contractor s representative, or the Contractor s subcontractor will be required to arrive fully prepared and equipped to provide the requested towing and storage service, at the location at which the service is requested within 20 minutes for Priority 1 calls. The 20 minute response time is within the city of Penticton municipal boundaries and with road and weather conditions dependent. The maximum allowable response time for Priority 2 calls will be one hour. The Contractor, the Contractor s representative, or the Contractor s subcontractor will record the time of their dispatch to the tow call on the related invoice. A sample of invoices will be inspected during the various tow truck inspections over the course of the Contract. Failure to comply may be considered a default in accordance with the Contract RECORDS AND REPORTING.1 Every Monday, or Tuesday where Monday is a statutory holiday, the City and the RCMP will be provided with a detailed list of vehicles in the Storage Lot, including year, make and model of the vehicle, length of time in storage and current storage charges to date..2 The Contractor shall maintain current, adequate and separate records covering all Vehicles and Equipment picked up, towed, and stored under the provisions of the Contract and all other Vehicles and Equipment towed to the Contractor s Storage Lot. Such Records shall include the following information: a) The date, time and place at which the Vehicle or Equipment was picked up and towed, the City Employee, Police or Bylaw Enforcement Officer s name (tow slip must also contain the Police file number) Vehicle Seizure Report (V.S.R.) number and/or exhibit number and the Police Member s name or Bylaw Enforcement File #, whichever is applicable; b) Whether the Vehicle or Equipment picked up and towed was a City Owned Vehicle or Equipment item removed on the call of a City Employee, RCMP or Bylaw Enforcement Officer, a RCMP Vehicle being removed on the call of a Police Officer, a privately owned Vehicle being removed on the call of a Police Officer, or an Abandoned Vehicle being removed on the call of a Police Officer or Bylaw Enforcement Officer, or duly authorized agent; c) The name of the person authorizing the pick up and tow of the Vehicle or equipment and police occurrence number if applicable, and the name of the Registered Owner and current address if at owner s request; d) The date on which the Vehicle or Equipment was claimed at the yard by the Registered Owner, or released to the Contractor by the City; e) The license number, make, year and colour of the Vehicle or Equipment and the Equipment or Vehicle Identification Number (V.I.N.); and f) A breakdown of the fees charged. All such Records shall be maintained at the Contractor s Storage Lot..3 The Contractor shall provide weekly reports to the OIC, or designate, in a suitable electronic format..4 The Contractor shall provide annual reports to the Civic Operations division detailing number of tows to City owned equipment and vehicles. 16

17 3.2.9 PROVISION OF EVIDENCE The Contractor shall be prepared at all times without fee or charge to provide such evidence as may be required in Court from time to time SUSTAINABILITY Sustainability is important to the City of Penticton. One of the City s core values is to balance priorities to ensure environmental, economic, social and cultural sustainability. Working towards the goal of sustainability, the City has extended this commitment to include our procurements. Proponents are being asked to inform the City of their sustainable initiatives and Proponent s efforts may be recognized and rewarded in the evaluation of their submissions. 3.3 ANTICIPATED TIMEFRAMES Currently criminal record checks are completed within approximately 10 days of receipt of a complete application by the RCMP. This is subject to change. The following outlines the anticipated schedule for the Request for Proposal and contract process. The timing and sequence of events resulting from this Request for Proposal may vary and shall ultimately be determined by the City of Penticton. Event Anticipated Date Request for Proposal issued November 7, 2014 Last Date for Submission of Questions November 20, 2014 Request for Proposal close November 25, 2014 Award Issued December 2, 2014 Contract Start Date January 1, : EVALUATION OF PROPOSALS 4.1 EVALUATION CRITERIA The following criteria, shown in order of importance, form the basis upon which evaluation of Proposals will be made: 4.2 MANDATORY CRITERIA The following are mandatory requirements. Proposals not clearly demonstrating that they meet them will receive no further consideration during the evaluation process. Any criminal record check that is deemed unsatisfactory, at the sole discretion of the OIC, will be cause for rejection of the Proposal. Mandatory Criteria Completed Appendix A - Certification Document Completed Appendix B - Conflict of Interest Criminal Record Reviews for all owners/principals of the Proponent s organization 4.3 SCORED EVALUATION CRITERIA 17

18 Proposals meeting the mandatory requirements will be further assessed against the following criteria. The relative weighting for each criterion is also given. PROJECT: MUNICPAL TOWING AND RECOVERY PROPONENT: POOR MARGINAL FAIR GOOD OUTSTANDING CRITERIA WEIGHT TOTAL OF 100 Company Strength, Service Capability and Capacity, Qualifications, Historical Performance, and any Sustainability Initiatives Vehicle Fleet/Equipment, Storage Lot and Building Value to the City 10 EVALUATION TOTAL By responding to this RFP, Proponents will be deemed to have agreed that the decision of the Evaluation Team will be final and binding. It is the Proponent s responsibility to ensure that their submitted Proposal addresses all evaluation criteria to receive full consideration. 5.0 PROPOSAL RESPONSE FORMAT 5.1 PROPOSAL RESPONSE FORMAT In order to receive full consideration during evaluation, Proposals should include the following:.1 Title Page, showing Request for Proposal number, Proponent s name and address, Proponent s WorkSafe BC Number, Proponent s GST Number, Proponent s telephone number, and a contact person..2 Table of contents including page numbers..3 Completed Appendix A Certification Document mandatory requirement.4 Completed Appendix B Conflict Of Interest Certification.5 Completed criminal record checks for every owner/principal of the organization submitting the Proposal mandatory requirement.6 Completed Appendix F Revenue Sharing Schedule.7 Completed Appendix G Company Information 18

19 .8 Completed Appendix H Equipment Schedule.9 Completed Appendix I Storage Lot and Building Details.10 History of the Proponent s organization including, but not limited to, number of years in business, number of employed drivers and administrative staff, ICBC vendor number and designation, any certifications or special licences held, any organizational memberships, and any other information which demonstrates the strength, capability, capacity and qualifications of the Proponent..11 Outline of the Proponent s operation that shows how the Proponent will meet the requirements of the City such as plans on how the Proponent will meet the required response times, information on any security systems and procedures, health and safety plan, contingency plans (both operational and environmental), training programs, complaint procedures, hours of operation of the storage lot for the Registered Owner s pick up of vehicles, details on the towing management software used and reporting capabilities, details on dispatch system (e.g. in house or call centre), and any other details of the Proponent s operation which would benefit the City..12 Details on any sustainability initiatives undertaken by the Proponent..13 Outline of the background and experience of all key personnel who will perform work under this Contract (provide names, responsibilities and relevant experience)..14 Provide Corporate References. Reference from companies with contracts of a similar scope are preferred. The City reserves the right to contact any or all references, including references other than those listed by the Proponent..15 References for key company personnel. The City reserves the right to contact any or all references, including references other than those listed by the Proponent..16 Provide a sample invoice for a typical billing based on the scope of this Contract..17 Any appendices required to provide additional information in support of your Proposal. All pages should be consecutively numbered. Proposals must address the RFP content requirements as outlined herein, must be well ordered, detailed and comprehensive. Clarity of Language, adherence to suggested structuring, and adequate accessible documentation is essential to the City s ability to conduct a thorough evaluation. The City is interested in Proposals that demonstrate efficiency and value for money. 5.2 PROPONENT CHECKLIST This checklist has been provided solely for the convenience of the Proponent. Its use is not mandatory and it does not have to be returned with the Proposal. The requirements of the Request for Proposal have been read and understood by everyone involved in putting together the Proposal. The Proposal addresses everything asked for in the Request for Proposal. The Proposal meets all the mandatory requirements of the Request for Proposal. The Proposal clearly identifies the Proponent, the project, and the Request for Proposal number. The Proponent s name and the Request for Proposal number appear on the Proposal envelope. 19

20 The certification documents (Appendices A and B) have been completed as specified. The appropriate number of copies of the Proposal have been made. Every care has been taken to make sure the Proposals are at the closing location in plenty of time, as late Proposals will be rejected. The Proposal is being delivered by hand, courier, or mail, as faxed or ed Proposals are not accepted. 20