December 1, 2015 December 31, 2016 (Option to Renew for One (1) Additional Year) RFP-F
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1 Joint Request for Proposal For the Provision of By-law Enforcement and Property Standards Services For Township of Chatsworth Municipality of Grey Highlands Municipality of West Grey December 1, 2015 December 31, 2016 (Option to Renew for One (1) Additional Year) RFP-F Issue Date October 16, 2015 Closing Date October 30, 2015 Time Location 9:00 am local time Municipality of Grey Highlands Finance Department 206 Toronto St. S. P.O. Box 409 Markdale, Ontario N0C 1H0 Attention: Director of Finance/Treasurer Late proposals will not be accepted The lowest or any proposal may not necessarily be accepted This document can be made available in other accessible formats where practicable upon request.
2 Information and Instructions to Bidders 1 General Conditions 1.1 Form of Proposal Proposals must be submitted using the documents provided, completed & signed (where applicable), placed in a sealed envelope and must include: Three (3) Hard Copies of the Proposal One (1) Soft Copy of the Proposal (CD or USB flash drive) Form of Proposal and Agreement Submission Label Budget Work Timeline 1.2 Definitions Corporation/Municipality: Refers to the individual Corporations of the Township of Chatsworth, Municipality of Grey Highlands and Municipality of West Grey. Bidder: Refers to any eligible entity providing a Proposal Successful Bidder/Contractor: Refers to the selected Bidder, if any 1.3 Accessibility As of January 1, 2012, Contractors must meet the requirements of the Customer Service Standard of the Accessibility for Ontarians with Disabilities Act, Submission Three (3) hard copies and one (1) soft copy of the proposal (CD or USB flash drive) are to be received in a sealed envelope no later than 9:00 am, October 30, 2015 at the following location: Municipality of Grey Highlands Finance Department 206 Toronto St. S., P.O. Box 409 Markdale, Ontario N0C 1H0 Attention: Director of Finance / Treasurer Page 2 of 16
3 The proposals must be sealed in an envelope with a covering page supplied by the Municipality. Electronically transmitted submissions (facsimile, , etc.) will NOT be accepted for this Proposal. 1.5 Late Submissions Proposals received after the official closing time will not be considered during the selection process and will be returned unopened to the respective Bidder 1.6 Withdrawal or Alternation of Proposals A Bidder who has submitted a Proposal may submit a further Proposal at any time up to the specified time and date for Proposal closing. The last Proposal received shall supersede and invalidate all Proposals previously submitted by that Bidder. Only one Proposal shall be opened per bidder. A Bidder may withdraw or alter the Proposal at any time up to the specified time and date for Proposal closing by submitting a letter bearing the Bidder's signature to the authorized representative who will mark thereon the time and date of receipt and will place the letter in the Proposal box. The Bidder's name and the Proposal number shall be shown on the envelope containing such letter. Facsimiles (faxes), s, or telephone calls will not be accepted. Proposals withdrawn under this procedure cannot be reinstated. 1.7 Examination of Proposal Documents Each Bidder must satisfy himself/herself as to the full requirements of the proposed work. There will be no consideration of any claim, after submission of Proposals, if there is a misunderstanding with respect to the conditions imposed by this Request for Proposal. Should the Bidder require more information or clarification on any point, it must be obtained prior to the submission of the Proposal. 1.8 Completion of the Proposal The Form of Proposal and all other relevant documents must be completed in hard copy. All entries shall be clear, legible and made in a non erasable medium. Entries must be made for unit price, lump sum, extensions and totals as appropriate. Alterations may be made provided they are legible and initialed by the Bidder's signing officer. Proposals which are incomplete, conditional, illegible or obscure, or that contain additions not called for, reservations, erasures, alterations incorrectly submitted, or irregularities of any kind may be rejected. Page 3 of 16
4 1.9 Omissions, Discrepancies and Interpretations Should a Bidder find omissions from or discrepancies in any of the Proposal Documents or should the Bidder be in doubt as to the meaning of any part of such documents, the Bidder should notify the designated person and office without delay. If the designated person considers that a correction, explanation or interpretation is necessary or desirable an addendum will be issued to all who have received Proposal Documents. No oral explanation or interpretation will modify any of the requirements or provisions of the Proposal Documents Addenda If required by the Corporation, addenda will be distributed to all registered bidders as a document taker for this bid. Addenda will be distributed using the latest contact information as provided by the Bidder. It is the Bidder s responsibility to notify the Corporation of any changes to their or mailing address. It is the Bidder s ultimate responsibility to ensure all addenda have been received Acceptance or Rejection of Proposal The Corporation reserves the right to reject any or all Proposals and to waive formalities as the interests of the Corporation may require without stating reasons therefore. Notwithstanding and without restricting the generality of the statement immediately above, the Corporation shall not be required to award and accept a Proposal, or recall the Proposals at a later date: When only one (1) Proposal has been received as result of the Proposal call; Where the lowest responsive and responsible bidder substantially exceeds the estimated cost of the goods or service; When all Proposals received fail to comply with the specifications or Proposal terms and conditions; Where a change in the scope of work or specifications is required the lowest or any Proposal will not necessarily be accepted. The Corporation shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Bidder by reason of Page 4 of 16
5 the acceptance or the non-acceptance by the Corporation of any Proposal or by reason of any delay in the acceptance of a Proposal except as provided in the Proposal document. Where the Proposal documents do not state a definite delivery/work schedule and a submitted Proposal is based on an unreasonable delivery/ work schedule, the Proposal may be rejected Proposal Award Procedures Proposals will be evaluated by an internal committee subsequent to the closing date and time. Notice of acceptance of the proposal will be made by telephone and/or by written notice Character and Employment of Works The successful Bidder shall employ only orderly, competent and skilful workers to ensure that the works are carried out in a respectable manner. In the event that any person employed by the successful Bidder in connection with the work arising out of this Proposal gives, in the opinion of the Corporation just cause for complaint, the successful Bidder upon notification by the Corporation in writing, shall not permit such person to continue in any future work arising out of this work Limited Liabilities The Corporation's liability under this Proposal shall be limited to the actual goods/services ordered and provided Bidder Expense Any expenses incurred by the Bidder in the preparation of the Proposal submission are entirely the responsibility of the Bidder and will not be charged to the Corporation Regulation Compliance and Legislation The Successful Bidder shall ensure all services and products provided in respect to this Proposal are in accordance with, and under authorization of all applicable authorities, Municipal, Provincial and Federal legislation. The Successful Bidder shall abide by all Acts, By-laws and Regulations relative to the performance of the work. Page 5 of 16
6 1.17 Proposal Selection Criteria The acceptance of a Proposal will be contingent upon, however not limited to, the following considerations: Ability to meet or exceed all specifications and requirements; Compliance with Proposal process; Proposal Price 1.18 Extra Work No work shall be regarded as extra work, unless it is ordered in writing by the Corporation and with the agreed price for the same specified in said order, provided said price is not otherwise determined by this Proposal. A statement of the cost of extra work shall be made within thirty (30) calendar days after the completion of the said extra work Terms of Payment Unless otherwise stated herein, the Corporation s normal terms of payment will be Net Thirty (30) calendar days from the Receipt of Goods/Services or the Date of Invoice, whichever occurs later. Payment terms shall only be modified at the sole discretion of the Municipality 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 Municipality. The Proponent agrees that the Municipality shall be entitled to the discount stated herein if payment of invoices for the Goods/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 Municipality of the invoice therefore. The Municipality is 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 prior to being invoiced. No other price changes will be accepted. All prices quoted shall be in Canadian funds Insurance and Indemnification The successful Proponent shall at its own expense obtain and maintain until the termination of the contract and provide the Corporations with evidence of: Page 6 of 16
7 Professional Liability Insurance on an occurrence basis for an amount not less than Two Million, ($2,000,000) dollars, AND Professional Errors and Omissions on an occurrence basis for an amount not less than Two Million ($2,000,000) dollars and shall include the Corporations 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 nonowned automobile liability, personal injury, broad form 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 two million ($2,000,000) dollars on an occurrence basis. The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies the Corporations in writing at least thirty (30) days prior to the effective date of cancellation or expiry. The Corporations reserve the right to request such higher limits of insurance or other types of policies appropriate to the work, as the Corporations may reasonably require. The successful Proponent shall not commence work until such time as the required evidence of insurance has been filed with and approved by the Corporations. The successful Proponent shall further provide that evidence of the continuance of said insurance is filed at each policy renewal date for the duration of the contract. The successful Proponent shall indemnify and hold the Corporations harmless from and against all liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any acts or omissions either in negligence or in nuisance whether willful or otherwise by the Proponent, its agents, officers, employees or other persons for whom the Proponent is legally responsible Assignment of Work The Successful Bidder shall not assign transfer, convey, sublet or otherwise dispose of this Proposal or his/her right, title or interest therein, or his power to execute such work, to any other person, company or corporation, without the previous consent, in writing, of the Corporation s officials, which consent shall not be unreasonably withheld. Page 7 of 16
8 The Successful Bidder is fully responsible to the Corporation for the acts and omissions of subcontractors and/or persons directly or indirectly engaged by the Successful Bidder in respect to this work. Subcontractors will be required to abide by all the requirements of the Proposal document as though the Successful Bidder (Insurance, WSIB, Health & Safety Policy, etc.). The Successful Bidder agrees to bind every subcontractor by the terms of the Proposal documents as far as it is applicable to their work. Bidders must submit with their quote the completed Subcontractor Form included in this document Cancellation The individual Corporations reserves the right to immediately terminate the Proposal agreement at its own discretion, including but not limited to such items as non-performance, late deliveries, inferior quality, pricing problems, etc. If the Successful Bidder should neglect to execute the work properly or fail to perform any provision of this Award, the individual Corporation, after three (3) business days written notice to the Successful Bidder, may, without prejudice to any other remedy in existence, make good such deficiencies and may deduct the cost thereof from any payment then and thereafter due to the Successful Bidder. Continued failure of the Successful Bidder to execute the work properly shall result in a termination of Proposal arrangement. The Corporation shall provide written notice of termination. The individual Corporation may elect to terminate the Proposal arrangement if the original terms and conditions are significantly changed, giving thirty (30) calendar day s written notice to the Successful Bidder. Either party may terminate the Proposal arrangement by giving the other party sixty (60) calendar day s written notice. A period of less than sixty (60) calendar days to terminate the arrangement may be negotiable if mutually agreeable among the parties involved. Failure to maintain the required documentation during the term of this Proposal may result in suspension of the work activities and/or cancellation of the Proposal arrangement Performance Any undue delays and/or costs incurred by the Corporation due to inefficiencies in performance on behalf of the Successful Bidder shall be deemed to be the responsibility of that Bidder and as such will be deducted from the payment for Page 8 of 16
9 work and or the bid deposit Subcontractors No portion of the work under this award may be subcontracted without the written authorization of the Corporation. The Successful Bidder is fully responsible to the Corporation for the acts and omissions of subcontractors and/or persons directly or indirectly engaged by the Successful Bidder in respect to this work. Subcontractors will be required to abide by all the requirements of the Proposal document as though the Successful Bidder (Insurance, WSIB, Health & Safety Policy, etc.). The Successful Bidder agrees to bind every subcontractor by the terms of the Proposal documents as far as it is applicable to their work. Failure to obtain this consent may result in termination of the contract with the successful Proponent 1.25 Guarantee and Warranty The Contractor guarantees and warrants that with ordinary wear and tear the work shall, until the end of the period of maintenance, remain in such condition as will meet with the approval of the individual Municipalities. The Contractor agrees that he will be responsible for expeditious rectification in a manner satisfactory to the individual Municipalities, and for any related costs of any imperfect work due to or arising from materials, equipment or plant incorporated into or used in the construction, that is discovered by any means at any time during the period immediately following completion of the project. The individual Municipalities shall decide as to the nature, extent, cause of, and responsibility for imperfect work and the necessity for and the method of rectification thereof. The Contractor will rectify imperfect work expeditiously and cover the costs of said work and in accordance with the time preset or as directed by the individual Municipalities Freedom of Information Any personal information required on the Proposal Form is received under the authority of the Municipal Freedom of Information and Protection of Privacy Act, 1989, RSO, This information will be an integral component of the quote submission. Page 9 of 16
10 All written Proposals received by the Municipality become a public record, once a Proposal is accepted by the Corporations, all information contained in them is available to the public, including personal information. Questions about collection of personal information and the Municipal Freedom of Information and Protection of Privacy Act, 1989, R.S.O. 1990, Chapter M.56, as amended, should be directed to the Clerks of the individual Municipalities. Page 10 of 16
11 2 Scope and Specific Conditions 2.1 Scope The purpose of the By-law Enforcement Services Request for Proposal is to invite proposals from qualified firms or individuals to provide initial and ongoing by-law enforcement services and property standards to the Municipalities of Grey Highlands, Chatsworth and West Grey on a call-in basis for the specified period (December 1, 2015 December 31, 2016 with a possible one (1) year extension). The Municipalities are seeking a provider who has an established record and reputation in the bylaw enforcement, enforcement and/or policing sector. 2.2 Objective The objective of this Request for Proposal is to select one (1) firm or individual with the capability of providing by-law enforcement services and property standards services. The anticipated start date for the provision of services will be December 1, To fulfill the expectations and provide the services described in this RFP, Proponents must: 1 Excellent interpersonal, written and verbal communication skills are essential. 2. Have a demonstrated record of working in the bylaw enforcement, enforcement and/or policing sector. 2 Be aware of the sensitive nature of the information that may be acquired and the requisite level of confidentiality that may be required. 2.3 Proponent Profile Proponents must provide a profile of the organization/individuals working on the project. This includes: 1 The name of the organization taking legal responsibility for the project and legal agreement. Include a brief description of the Proponent s corporate history, identification of main business fields, ownership structure, management structure, legal and financial representation. 2 Provide a listing of key team members, their qualifications, and their specific involvement in the proposed contract. The Proponent should Page 11 of 16
12 indicate the process that will be followed for changing or adding key personnel or business partners to the project. 3 Identify the main contact person to liaise with the Municipality s staff. If more than one organization will work on the contract, identify the lead organization/person. 4 A summary of why the Proponent believes his/her firm is qualified to undertake the project as described in this RFP. This should also include evidence of previous experience. Provide a minimum of three client references including the Company Name, Title of the Project, a brief description of project size, scope, value and warranty / non-warranty services provided, Contact Person(s), Contact Title, Phone Number and Address. 2.4 Proposal Evaluation A committee composed of staff from the Municipalities will evaluate the proposals. The criteria outlined below will be used as the basis to compare proposals. The committee reserves the right to engage individual proponents in an interview to obtain further information or clarification on the proposals submitted. The committee retains the option to evaluate proposals based on other criteria or considerations that may emerge as the RFP and proposal process proceeds. Submitted proposals will be evaluated against criteria that will include: Demonstrated understanding of the project and scope of work and creative and innovative approach to the service (50%) Team experience, qualifications (30%) Fee structure to complete the project (20%) 2.5 Inquiries Inquiries concerning the proposal requirements are to be directed to: Karmen Krueger, CPA, CA, Director of Finance/Treasurer (519) x 224 kruegerk@greyhighlands.ca Inquiries must be received no later than 2:00 PM, three (3) business days prior to closing; otherwise a response may not be provided. Page 12 of 16
13 Forms of Proposal and Agreement I/We the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no person, firm or Corporation other than the one represented by the signature (or signatures) of proper officers as provided below, has any interest in the Proposal. I/We further declare that all statements, schedules and other information provided in this Proposal are true, complete and accurate in all respects to our best knowledge and belief. I/We declare that this Proposal is made without connection, knowledge, comparison of figures or arrangement with any other company, firm or persons making a Proposal and is in all respects fair and without collusion for fraud. I/We further declare that no employee of the Corporations is or will become interested, directly or indirectly as a contracting party or otherwise in the supplies, work or business to which it relates or in any portion of the profits thereof, or in any such supplies to be therein or in any of the monies to be derived there from. I/We further declare that the undersigned is authorized by the Proponent to negotiate all matters with the municipality, relating to this Proposal. I/We further declare that the agent listed below is hereby authorized by the Proponent to submit this Proposal and is authorized to negotiate on behalf of the Proponent. Company Name Name of Person Completing this Form Address Phone Fax Signature Date Note: Failure to sign and return this page will result in non-acceptance of this Proposal. Page 13 of 16
14 Company Name Proposal Submission Label Contact Person Phone Deliver to: Municipality of Grey Highlands Finance Department 206 Toronto Street South P.O. Box 409 Markdale, Ontario N0C 1H0 Attention: Director of Finance/Treasurer RFP Number Closing Date and Time Description RFP-F October 30, 2015, 9:00am Request for Proposal for By-law Enforcement and Property Standards Services Page 14 of 16
15 Proposal Covering & Acceptance Letter Company Letterhead Date Dear Sir/Madam Subject: Request for Proposal RFP-F for the Provision of By-law Enforcement and Property Standards Services The enclosed proposal is submitted in response to the above-referenced Request for Proposal. Through submission of this proposal we agree to all of the terms and conditions of the Request for Proposal. We have carefully read and examined the Request for Proposal and have conducted such other investigations as were prudent and reasonable in preparing the proposal. We agree to be bound by statements and representations made in this proposal and to any agreement resulting from the proposal. Furthermore, if awarded the Contract, we will agree and adhere to the following: That submission of a proposal indicates acceptance by the Proponent of the conditions contained in the SAMPLE RFP, unless clearly and specifically noted in the proposal submitted and confirmed in a subsequent contract between the Corporations and the consultant(s) selected. That the Proponent acknowledges and agrees that the findings and finished materials provided under the terms of the Contract have been specially ordered or commissioned as work-made-for-hire for use by the Corporations and that the Corporations shall own the right, title and interest thereto. That the Proponent agrees that the Corporations have unlimited use of the materials and ideas generated by the Proponent through the course of the project. That the materials or information developed by the Proponent and/or its employees and/or agents will not be designed in such a way as to bind the Corporations to the Proponent either directly or indirectly for the supply of future materials or services. That, upon request, the Proponent will deliver to the municipalities representatives copies of all available working papers, files, and other Page 15 of 16
16 documentation in its possession and which are applicable to this agreement, wherever located without demand or notice. That the proposal and all prices contained within are valid for ninety (90) days from the RFP closing date. Yours truly, Signature Name Title Legal Name of Proponent Date SAMPLE Page 16 of 16
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