REQUEST FOR PROPOSAL FINAL DESIGN AND PLANS FOR SOUTHWOLD LIBRARY
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- Deirdre Riley
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1 REQUEST FOR PROPOSAL FINAL DESIGN AND PLANS FOR SOUTHWOLD LIBRARY The Corporation of the Township of Southwold Fingal Line Fingal, ON N0L 1K Sealed proposals, clearly marked as to contents, will be received by the undersigned until: WEDNESDAY, JANUARY 20 th, 1:00 pm, local time Lowest or any proposal not necessarily accepted. Prepared by: Ken Loveland, CAO/Clerk Township of Southwold Fingal Line, Fingal, ON N0L 1K0 (519) ext. 23 Page 1
2 DEFINITIONS Proponent or Bidder means the person, supplier or other legal person or entity submitting a proposal in response to this RFP. RFP means request for proposal Township means the Corporation of the Township of Southwold. INTRODUCTION The Township is planning to construct an addition to the existing Keystone Complex located at Talbot Line, Shedden Ontario. The addition will be approximately 66 feet by 68 feet and will house a new library facility approximately 3529 square feet as well as some additional storage and mechanical rooms. WEST ELEVATION SCALE: 3/32 = 1 Lon PROPOSED CONCEPT PLANS EXTENSION OF EXISTING KEYSTONE COMPLEX TOWNSHIP OF SOUTHWOLD Page 2
3 PROPOSED CONCEPT PLANS EXTENSION OF EXISTING KEYSTONE COMPLEX TOWNSHIP OF SOUTHWOLD SCOPE OF WORK 1. To provide the final engineering or architectural plans, specifications, site plans and design drawings for the construction of the building addition for the Southwold Library Project. 2. To attend the meetings of either the Library Committee or Council as required for the completion of the project. 3. To prepare the required tender documents and to assist as required with their review and to make a recommendation to the township for acceptance. 4. To review all invoices submitted by the Building Contractor for this project and to recommend payment there of. Page 3
4 5. To perform any inspections required by the Township during construction of the project Price of Contract HST Total Price TIME OF COMPLETION Once the project is awarded by Council, the final plans and tender documents should be completed within 90 days of acceptance by the Township. SITE INSPECTION A site inspection will be available upon request and during regular business hours, Monday to Friday, 8:30 am to 4:30 pm, Fingal Line, Fingal, ON (send request to cao@southwold.ca) NON FULFILLMENT If the Contractor fails to deliver the plans and tender documents by the time of completion stipulated in this Request for Proposal, then the Township has the right to refuse to accept and pay for services from the Contractor. The Township will determine at its sole discretion at what point it is no longer willing to wait on the Contractor to deliver the promised services. This becomes the termination point in the contractual relationship between the Township and Proponent. The Township will determine at its sole discretion the amount of compensation the Contractor will receive for the services provided to the point of termination. If the Contractor fails, neglects or refuses at any time to supply any materials or services specified in their Proposal, then the Township shall procure such services elsewhere and will (at its sole discretion) charge the resulting expense to the Contractor, or deduct the same from any monies due, or to become due to the Contractor on this or any other contract. REFERENCES Proponents must provide up to three (3) references in Southwestern Ontario that can be contacted to speak to your service track record. Reference contact information must include: Name, Title, Company/Organization Name, Telephone Number and/or Address, and type and size of building designed. EVALUATION OF QUOTES In evaluating proposals, the objective will be to select the offer(s) that will best suit the Township s Page 4
5 needs. Cost will be a major consideration in the evaluation; however consideration will also be given to such points as the service times, evidence of the Proponents experience, ability, quality of services, completion date as necessary to meet satisfactorily the requirements set forth or implied in this RFP. LOCATION The Keystone Complex is located at Talbot Line, Shedden, ON. Page 5
6 Rights of the Township GENERAL TERMS AND CONDITIONS a) The Corporation of the Township of Southwold (the Township) is not liable for any costs incurred by the Proponent in the preparation of their response to the Request for Proposal. Furthermore, the Township shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by reason of the acceptance, or non-acceptance by the Township of any bid or by reason of any delay in the award of the contract. b) The lowest submission will not necessarily be accepted and the Township reserves the right to accept/reject any or all responses and/or reissue the Proposal in its original or revised form. c) The Township reserves the right to request specific requirements not adequately covered in their initial submission and clarify information contained in the Proposal. d) Proposals shall remain open and subject to acceptance for a period of sixty days (60) days from closing date. e) In the event of any disagreement between the Township and the Proponent regarding the interpretation of the provisions of the Proposal, the Chief Administrative Officer or an individual acting in that capacity, shall make the final determination as to interpretation. General Notes To Proponent a) The Proponent is not to act on verbal instruction from the Township on work they consider to be extra to their contract scope. Extra work can only be authorized by the Township and in a written format. The written form must also include that this work is an extra to the contract scope and the method by which extra costs will be tabulated. b) This Proposal is made by the Proponent without any connection, knowledge, and comparison of figures or arrangement with any other person or persons submitting a Proposal for the same services, and is in all respects fair and without collusion or fraud. Conflict Of Interest Each Proponent shall advise the Township if the firm or any individuals working on the contract has a possible conflict of interest (e.g. employed by the Township) and, if so, the nature of that conflict. The Township reserves the right to cancel the award if any interest disclosed from any Page 6
7 source could either give the appearance of a conflict or cause speculation as to the objectivity of the program to be developed by the Proponent. The Township s determination regarding any questions of conflict of interest shall be final. Character and Employment of Workers a) The successful Proponent shall employ only orderly, competent and skillful employees to ensure that the services are carried out in a respectful manner. b) In the event that any person employed by the successful Proponent in connection with the service arising out of this Proposal gives, in the opinion of the Township just cause for complaint, the successful Proponent upon notification by the Township in writing, shall not permit such person to continue in any future service arising out of this Proposal. Termination of Contract a) Either party may terminate this agreement at any time upon giving notice in writing at least sixty (60) days prior to the date of termination without penalty or recourse. In the event of such termination, the Proponent shall be paid for services up to and including the date of termination. Insurance and Indemnification a) The successful Proponent shall at its own expense obtain and maintain until the termination of the contract and provide the Township with evidence of: - Professional Liability Insurance on a per claim basis for an amount not less than Two Million, ($2,000,000) dollars per claim and in the aggregate, and shall include the Township as an additional insured with respect to the Proponent's operations, acts and omissions relating to its obligations under this Agreement, such policy to include non-owned automobile liability, personal injury, broad from property damage, contractual liability, owners' and proponents' protective products and completed operations, contingent employers liability, cross liability and severability of interest clauses. - Automobile Liability on all vehicles owned, operated or licensed in the name of the Proponent in the amount of not less than one million ($1,000,000) dollars on an occurrence basis. - The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies the Township in writing at least thirty (30) days prior to the effective date of cancellation or expiry. b) The Township reserves the right to request such higher limits of insurance or other types of policies appropriate to the work, as the Township may reasonably require. c) The successful Proponent shall not commence work until such time as the required evidence of insurance has been filed with and approved by the Township. The successful Proponent shall Page 7
8 further provide that evidence of the continuance of said insurance is filed at each policy renewal date for the duration of the contract. d) The successful Proponent shall indemnify and hold the Township harmless from and against all liability, loss, claims, costs and expenses, including reasonable legal fees, to the extent caused by any negligent acts or omissions by the Proponent, its agents, officers, employees or other persons for whom the Proponent is legally responsible. Workers Compensation The Contractor shall furnish to the Township, upon awarding of the contract, a Clearance Certificate issued by the Workplace Safety & Insurance Board, which waives its rights under Section 11(3), R.S.O of the Workers Compensation Act to hold the Township liable for any liability of the Contractor for assessments and levies owing to the Workplace Safety & Compensation Board. Health & Safety Policies The Contractor shall abide by and ensure that all sub-contractors and employees under their control operate in accordance with the Health & Safety Policies of the Township of Southwold. Failure to do so will result in written notification given to the contractor to comply with the Health & Safety policy within one working day and should the issue remain unresolved the work shall be suspended until such items are resolved to the satisfaction of the Public Works Superintendent or designate. No compensation will be given for any loss of time due to a work stoppage related to a Health & Safety Policy Issue. Township Not Employer The Proponent agrees that the Township is not to be understood as the employer to any successful proponent nor to such proponent s personnel or staff for any work, services, or supply of any products or materials that may be awarded as a result of this bid document. Also, in accordance with the Occupational Health and Safety Act, the successful Proponent herewith agrees to be the constructor as defined under this act. Protection of Township The successful Proponent shall at all times well and truly save, defend, keep harmless and fully Indemnify the Township and its servants, employees and agents, from and against all actions, suits, claims, demands, loss, costs, charges, damages and reasonable expense, brought or made against or incurred by the Township, its servants, employees or agents, relating to inventions, copyrights, trademarks or patents, or rights thereto, used in supplying such goods, materials, articles, equipment, or in performing such work or services to the extent caused by the negligent acts, errors or omissions of the Proponent. Page 8
9 Invoicing a) The normal payment terms offered by the Township are net 30 days. Payment terms shall only be modified at the sole discretion of the Township to take advantage of the discounts for prompt payment or for other terms that shall be deemed to be in the best interests of the Township. b) The Proponent agrees that the Township shall be entitled to the discount stated herein if payment of invoices for the goods, materials, articles or equipment, work or services, specified or called for in or under this Proposal, is made within the period specified herein after acceptance or satisfactory completion thereof, as the case may be, and the receipt by the Township of the invoice therefore. c) We are requesting firm pricing for the term of the contract. Price changes caused by Government Tax Legislation will be accepted, but these changes must be submitted in writing and accepted by the Township prior to being invoiced. No other price changes will be accepted. All prices quoted shall be in Canadian funds. Standards and Legislation: Failure to Comply The successful Proponent must comply with all laws, legislation, regulations, and provisions of the Federal, Provincial, Municipal Governments or any governmental agency as they pertain to the work described herein. Failure by the successful Proponent to comply with these laws, legislation, regulations and provisions shall be just cause for the Township at its discretion to stop performance of this contract, until such times as the successful Proponent complies with these laws, etc. Also the Township may at its discretion award the contract to any other proponent or may re-issue the Proposal. Compliance with Laws, Notices, Permits and Fees a) The successful Proponent shall comply with all applicable Federal, Provincial and Municipal Laws, statutes, regulations and by-laws, relevant to this Proposal. b) The successful Proponent shall obtain the necessary permits, licenses and certificates and pay the fees required for the performance of the work which are in force at the date of the Proposal closing. c) The successful Proponent shall give the required notices and comply with the laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction which are or become in force during the performance of the work. Errors and Omissions The Township shall not be held liable for any errors or omissions in any part of this RFP. While the Township has used considerable efforts to ensure an accurate representation of information in this RFP, the information contained in this Proposal is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the Township Page 9
10 nor is it necessarily comprehensive or exhaustive. Nothing in the Proposal is intended to relieve the Proponents from forming their own opinions and conclusions with respect to the matters addressed in the Request for Proposal. Freedom of Information a) All information obtained relative to this Proposal is the property of the Township. All written Proposals received by the Township become a public record. Once a Proposal is accepted by the Township, and a contract is signed, all information contained in them is available to the public, including personal information. b) Submissions of Bids as a result of this Proposal are in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). c) Release of information contained in the Proposal may be requested by anyone under the MFIPPA unless they contain either a trade secret or information that if disclosed would result in harm to the Proponent. This would include scientific, technical, financial or labour relations information. d) All requests for information must be made in writing and submitted to the Township of Southwold's Freedom of Information Officer. e) In addition, certain contractual information must be disclosed to Council and accordingly may become part of the public record. f) Proponents may mark any part of their submission as confidential except the Total Contract Price and their name. A watermark or rubber stamp imprint is suitable for this purpose. The Township will use its best efforts not to disclose any information so marked, but shall not be liable to a Proponent where information is disclosed by virtue of an order of the Privacy Commissioner or otherwise as required by law. Default by Proponent a) If the Company 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 Company makes a general assignment for the benefit of its creditors; then, in any such case, the Township may, without notice, terminate the Contract. b) Any termination of the Contract by the Township as aforesaid shall be without prejudice to any other rights or remedies the Township may have. Questions or Clarification Should a bidder find discrepancies in or omissions from the documents, or should there be any doubt as to their meaning, inquiry should be made with the Ken Loveland at , ext 23, or cao@southwold.ca. Should a correction, explanation or interpretation be necessary or Page 10
11 desirable, a written addendum will be issued via the Township website (southwold.ca). Addenda, issued during the bidding period, are part of these Proposal Documents. Deadline Proposals will be received by the Clerk until 1:00 P.M., Wednesday, January 20 th, Please submit your response to: Ken Loveland, Clerk Fingal Line, Fingal, ON N0L 1K ext. 23 Fax cao@southwold.ca Page 11
12 SUBMIT WITH PROPOSAL If this bid/proposal is accepted, I/We agree to commence work on or before the day of, 2016 and to have same completed on or before the day of, DATED AT this day of, Name: Name/Title (Please print) Firm: Address: Telephone Fax Per: Contractor - Authorized Signing Officer 1. Lowest or any bid not necessarily accepted. 2. Price noted is inclusive of all applicable taxes. 3. Price to be firm for a minimum of 60 days. Page 12
13 SUBMIT WITH PROPOSAL THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD Fingal Line, Fingal Ontario PROPOSAL FINAL DESIGN AND PLANS FOR SOUTHWOLD LIBRARY I/We the undersigned agree to supply the services outlined below: 1. To provide the final engineering or architectural plans, specifications, site plans and design drawings for the construction of the building addition for the Southwold Library Project. 2. To attend the meetings of either the Library Committee or Council as required for the completion of the project. 3. To prepare the required tender documents and to assist as required with their review and to make a recommendation to the township for acceptance. 4. To review all invoices submitted by the Building Contractor for this project and to recommend payment. 5. To perform any inspections required by the Township during construction of the project. Price of Contract HST Total Price References include name, title, company/organization, phone, and type and size of building. Closing Date: Wednesday January 20 th, 1:00 P.M. local time Page 13
14 Contractor/Sub-Contractor Health and Safety Responsibility Agreement This agreement is made this day of, 20 between the Contractor/Sub-contractor: of, and the Township of Southwold including any other work locations identified as the project. 1. The Contractor/Sub-contractor agrees to abide by the rules and regulations of the Occupational Health and Safety Act of the Province of Ontario and associated regulations and the rules and regulations of the Workplace Safety and Insurance Board and its regulations. 2. The Contractor/Sub-contractor agrees to abide by the Township of Southwold s Health and Safety Policy and Procedure manual and its rule and guidelines and will ensure that the employees under control of the Contractor/Sub-contractor will abide by these rules and guidelines also. 3. The Contractor/Sub-contractor shall provide proof of liability insurance coverage including property damage in an amount of no less than two million dollars per occurrence for the full length of the time of the contact. This insurance coverage will be written with insurance companies which are qualified to do business in the province of Ontario. 4. The Contractor/Sub-contractor shall employ only trained, competent and skilled people to do the work. The work of these employees of the Contractor/Sub-contractor shall be fully covered for workplace insurance under the Workplace Safety and Insurance Act by the Contractor/subcontractor and shall provide a current Clearance Certificate from the Workplace Safety and Insurance Board. 5. The Contractor/Sub-contractor shall maintain in good standing all permits and licenses required by any authorities having jurisdiction over the business of the Contractor/Sub-contractor. This shall be done at the expense of the Contractor/Sub-contractor. The Contractor/Sub-contractor shall comply with all Federal, Provincial, Municipal government laws and regulations which are applicable to its business. The Contractor/sub-contractor further agrees and acknowledges that any violation of the Township of Southwold s Safety rules or the legislated requirements of the Occupational Health and Safety Act or regulations is justification for immediate termination of its contract with the Township of Southwold, without any further obligation on the part of the Township of Southwold. Page 14
15 6. This agreement is made in accordance with the laws of Ontario and the courts of Ontario shall have jurisdiction in matters relating to this agreement for the parties involved. 7. The Contractor/Sub-contractor shall not employ or retain anyone as a sub-contractor to perform any part of its obligations under this agreement without the written consent of the Township of Southwold. 8. The Contractor/Sub-contractor has received a copy (either electronically or hard copy) of the Township of Southwold s Health and Safety Policy and Procedure Manual. Signed this day of, 2016 Contractor/sub-contractor: (authorized signature) Name of Signing Officer: Title: Township of Southwold (authorized signature) Name of Signing Officer: Title: Page 15
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