REQUEST FOR PROPOSAL

Transcription

1 A Community of Communities REQUEST FOR PROPOSAL CBRM_P CITIZEN PHONE SURVEY Closing: THURSDAY, JANUARY 4, 2018 at 3:00 pm local time Cape Breton Regional Municipality Procurement Section Suite 104, 1 st Floor 320 Esplanade Sydney, NS B1P 7B9

2 CHECK LIST PRIOR TO SUBMISSION PLEASE CHECK THAT YOU HAVE SUBMITTED A COPY OF THE FOLLOWING DOCUMENTS SCHEDULE A MUNICIPAL BY-LAW COMPLIANCE CERTIFICATE SCHEDULE B TRADE AGREEMENTS ACKNOWLEDGEMENT FIVE (5) COPIES OF SUBMISSION IN A SEALED ENVELOPE PROPERLY LABELED WITH CORRECT NUMBER CBRM_P RECEIVED ADDENDA NO. TO NO. INCLUSIVE WERE CAREFULLY EXAMINED DATED THIS DAY OF, COMPANY NAME: ADDRESS: CITY/ PROVINCE: POSTAL CODE: PHONE NO.: FAX NO.: ADDRESS: WEBSITE: CONTACT NAME(please print): TITLE (please print): PHONE NO.: THE FOLLOWING INFORMAITON MUST BE COMPLETED TO ENSURE ACCEPTANCE. FAILURE TO COMPLY WITH ABOVE MAY RESULT IN DISQUALIFICATION OF YOUR BID.

3 INSTRUCTIONS TO BIDDERS REQUEST FOR PROPOSAL CITIZEN PHONE SURVEY Closing: Submit to the undersigned up to 3:00 P.M., THURSDAY, January 4, 2018, the bid must be returned in a sealed envelope in FIVE (5) COPIES and must clearly designate CBRM_P to the Procurement Section, Financial Services Suite 104, 320 Esplanade, Sydney, N. S. B1P 7B9. NOTE: FAXED / ELECTRONIC submissions are NOT acceptable and will not be considered Questions & Clarifications: Any clarification required by a proponent must be requested in writing to the responsible Buyer indicated in the Solicitation. Such requests must be provided in due time before the closing date in order to allow proper consideration and a reply. The response to a request for clarifications submitted by any Proponent will be posted on the Nova Scotia Government Website as an Addendum. Withdrawal or Modification of Bid: Proponents may withdraw, replace or modify their bid up until the specified closing time, provided that this is done in writing. Any modification or replacement of a bid must be done in the same format as defined in the Solicitation. NOTE: FAXED / ELECTRONIC modifications are acceptable Addenda: All addenda must be acknowledged in bid submission; proponents must monitor the Nova Scotia Government Tenders Website for any addenda that may be issued. CBRM staff no longer maintains plan takers lists, and no longer have knowledge of who has downloaded opportunities. Opening: Public opening will occur immediately following the time of closing in the first floor boardroom of the Civic Centre, 320 Esplanade, Sydney, N. S. The determining clock for authentication of date and time is the computer (network time), located in the Procurement Office, Suite 104. Tenders requiring bid deposit: If a tender requires a non-refundable bid deposit only those companies who have complied with this request will be considered for acceptance. TENDER CONTENTS: (Section Applies to: Construction Contracts, Services & Sale of Municipal Property ONLY!) Bid Security: Each tender must be accompanied by a certified cheque payable to the Cape Breton Regional Municipality or a Bid Bond on CCDC Form 220 for ten (10) percent of the tendered sum. Any withdrawal of the successful tender shall constitute forfeiture of the bid deposit. Performance Security: A Performance Bond in the amount of fifty (50) percent contract price and Labour and Material Payment Bond in the amount of fifty (50) percent of the contract price will be required upon notification of award and before the signing date of the contract or issue of the Purchase Order. Alternate Securities Acceptable: As an alternate to the Security Deposit and the Consent of Surety requirements stated herein, Contractors may submit a ten (10) percent bid security certified cheque, and subsequently upon notification of award, an additional ten (10) percent contract security certified cheque, in lieu of contract stated bonding.

4 Accompanying Documents: All bids must include the following documents: - Check List Completed in full /Signed /Dated(Including acknowledgement of addenda) - The signed Schedule A Municipal By-Law Compliance form attached to the tender documents. - A letter of Good Standing/Clearance from the Workers Compensation Board of Nova Scotia - Proof of current and valid Workplace Safety Certificate of Recognition(COR) from an authorized institution(east Coast Mobile Medical, HSE Integrated Limited, Nova Scotia Construction Safety Association (NSCSA), Nova Scotia Trucking Safety Association, Occupational Health and Educational; Services 2002 Inc, Safety Services Nova Scotia or equivalent) - Completed/signed Appendix A Consultant, Contractor, Supplier Health & Safety Questionnaire. - General liability insurance. Prior to Contract Award In accordance with section nine (9) of the CBRM Procurement Policy, the successful tenderer may be required to provide an approved Commercial Property Zoning Confirmation, issued by CBRM s Development Officer, prior to award of contract. Following completion of the tendered work, letters of clearance from both organizations, dated no earlier than the final day worked on the project, must be submitted with the final invoice for the project. This will form a condition of the tender in addition to any other conditions within the contract documents and specifications. POLICY: The Agreement on Internal Trade (AIT), Atlantic Procurement Agreement (APA) and The Cape Breton Regional Municipality Procurement Policy are the governing documents used for all tenders. Copies of these documents are available on the CBRM Website or from the Financial Services Department, Procurement Section, Suite 104, 320 Esplanade Sydney, N.S. or by phoning (902) Where identical goods and/or services are available, from a Cape Breton Regional Supplier, and a supplier from outside the regional area, the following shall apply: o o Regional suppliers will be allowed a 5% pricing preference, over suppliers outside the region when the total bid price before taxes is less than $25,000 on Goods, $50,000 Services and $100,000 on Construction. Regional suppliers qualify for the 5% price preference if they are a commercial taxpayer in the Cape Breton Regional Municipality. Successful bidder will be required to follow CBRM protocol as designated by Purchasing Department for delivery and invoicing. Payment: Any supplier having an account due to the Cape Breton Regional Municipality, which is in arrears, will have such arrears deducted from payments being made to the supplier. The Cape Breton Regional Municipality reserves the right to reject any or all tenders or to accept any tender or part thereof considered to be in its best interest. Daniel C. Colbourne Daniel C. Colbourne, Buyer Financial Services

5 SCHEDULE A MUNICIPAL BY-LAW COMPLIANCE CERTIFICATE This document forms part of and is incorporated in to the Tender. Bidders convicted of violations of any Cape Breton Regional Municipal By-Laws or found in contravention of the Dangerous and Unsightly Provision of the Municipal Government Act, S.N.S. 1998, c. 18 shall be precluded from bidding on the tender. Successful bidders who subsequently are found guilty of violation of any Cape Breton Regional Municipal By-Laws or are found to have contravened the Dangerous and Unsightly Provision of the Municipal Government Act S.N.S. 1998, c. 18 shall have the tenders revoked and shall be precluded from bidding on subsequent tenders for a period of thirty-six months. (hereinafter referred to as The Bidder ) does hereby certify that the Bidder has not been found guilty of violation of any Cape Breton Regional Municipal By-Laws and has not been found to have contravened the Dangerous and Unsightly Provision of the Municipal Government Act S.N.S. 1998, c. 18 and furthermore hereby agrees to comply with all Cape Breton Regional Municipal By-Laws and the Dangerous and Unsightly provision of the Municipal Government Act, S.N.S. 1998, c. 18. The Bidder understands and agrees that any finding of guilt or contravention of any Cape Breton Regional Municipal By-Laws and provisions will result in the Tender being revoked and the Bidder being precluded from bidding on any subsequent Tender for a period of thirty-six months. Witness Bidder CBRM INTERNAL USE ONLY Approved by: Title: Date:

6 SCHEDULE B TRADE AGREEMENTS ACKNOWLEDGEMENT All Public Sector Entities in Nova Scotia have trade agreement obligations under the Public Procurement Act. Trade agreements play a vital role in our economy. They create market access for our goods and services by reducing barriers to, among others things, labour mobility, investments, energy, agriculture, and government procurement. Agreements can be comprehensive, covering a number of different issues, or more concentrated, covering individual issues. Each agreement has unique language, exemptions, rules, and requirements. Municipalities, Academic Institutions, School Boards, Health Authorities (MASH) and Crown Corporations that have their own procurement groups and policies must ensure they are consistent with the principles of the Province of Nova Scotia Procurement Policy, and the obligations of the Public Procurement Act. Trade Agreements that impact government procurement in Nova Scotia include the Canadian Free Trade Agreement and the Atlantic Procurement Agreement (APA). The CFTA includes all provinces, Northwest Territories, Yukon, and the Federal Government as well as their respective MASH sectors and Crown Corporations. The APA is an agreement among Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador and their respective MASH sectors and Crown Corporations. The key to being compliant with multiple trade agreements is to ensure you are meeting the obligations of the one with the lowest thresholds, which in this case is the APA. Table A outlines the thresholds for these two agreements. TABLE A Domestic Agreements Agreement Coverage MASH Atlantic Procurement Agreement (APA) Signed 1992; updated 1996 & 2008 Equal access to Atlantic suppliers. Includes NS, NB, PEI, & NFLD, their respective MASH and Crowns Goods: $25K+ Services: $50K+ Construction: $100K+ Canadian Free Trade Agreement Equal access to Canadian suppliers. Includes all CDN Provinces, NWT, YUK, their respective MASH and Crowns, and the Federal Government Goods: $100K+ Services:$100K + Construction: $250K+ (hereinafter referred to as The Bidder ) does hereby acknowledges the understanding that this tender falls under the Domestic Trade Agreements, Atlantic Procurement Agreement (APA) and Agreement on Internal Trade. As part of these agreements and under the Nova Scotia Public Procurement Act, CBRM is included as part of the MASH Sector. This document forms part of and is incorporated in to the Tender. Witness Bidder

7 Table of Contents SECTION 1. INSTRUCTIONS TO PROPONENTS General Instructions Eligibility Proponent s Qualifications Reservations Modifications/Addenda Proponents Expenses Exceptions RFP Administration Existing Conditions Questions Currency and Taxes Compliance with Laws Public Information/Proprietary Information Submission Validity Disputes Disqualification for Inappropriate Contact Proposal Submission SECTION 2 ADMINISTRATION Background Insurance Requirements Termination Availability of Funds Interpretation Integration Non-assignment of Contract Privacy Contract Agreement Relationship of parties Intellectual Property Rights Confidentiality Added Value Contractor Safety Management Policy SECTION 3 PROJECT BACKGROUND AND FRAMEWORK Need Goal Objectives/Scope of Work Constraints Assumptions SECTION 4 PROJECT OBJECTIVE SECTION 5 DETAILED SCOPE OF CONSULTING SERVICES Reporting and Deliverables SECTION 6 PROPOSAL SUBMISSION... 21

8 6.1 Submission Requirements General Information Team Composition and Experience Understanding of CBRM Needs Project Management Methodology Business/Technical Solution Cost Proposal Document Size Restrictions Number of Proposals to be Submitted SECTION 7 METHOD OF AWARD Evaluation Process Cost Proposal Evaluation SECTION 8 AWARD OF PROPOSALS SECTION 9 POST COMPLETION REVIEW... 27

9 SECTION 1. INSTRUCTIONS TO PROPONENTS 1.1 General Instructions This Request for Proposal ( RFP ) document and any addenda may be obtained in person or by mail from, Cape Breton Regional Municipality (CBRM) Procurement Section, Suite 104, 1st Floor, 320 Esplanade, Sydney, Nova Scotia, B1P 7B9, or via download at a. All proposals are to be submitted in accordance with this RFP document. b. All proposals are to be submitted in sealed, plainly marked envelopes. Proposals sent by facsimile or will not be accepted. c. Additional information or clarifications of any of the instructions or information contained herein may be obtained from the CBRM Procurement Office. d. Any proponent finding any discrepancy in or omission from this RFP, in doubt as to the meaning of any provision(s) herein, or feeling that the RFP is discriminatory, shall notify the CBRM Procurement Office in writing within five (5) days of the scheduled opening of proposals. Inquiries and exceptions taken by proponents in no way obligate the Municipality to change the RFP; however, any interpretations given by the CBRM Procurement Office and any changes made to the RFP will be reflected in addenda duly issued by the CBRM Procurement Office. e. The Municipality will assume no responsibility or liability for oral instructions or suggestions. All official correspondence in regard to the RFP should be directed to the CBRM Procurement Office. f. All proposals must be signed by an authorized signatory of the proponent. g. The Municipality reserves the right to make additional copies of all or part of each proponent s proposal for internal use or for any other purpose required by law. h. Proposals may be publicly acknowledged but cost proposals will NOT be publicly opened. Proponents will be advised of the results after an evaluation of all proposals has been completed and a successful proponent has been determined. The proposal closing date is THURSDAY, JANUARY 4, 2018 at 3:00 pm local time. 1.2 Eligibility Prospective proponents are not eligible to submit a proposal if current or past corporate and/or other interests may in the opinion of the Municipality, give rise to conflict of interest in connection with this RFP or the Services. Proponents are to submit with their proposal documents a description of any issue that may constitute a conflict of interest violation for review by the Municipality. The Municipality s decision on this matter will be final.

10 1.3 Proponent s Qualifications a. No contract will be awarded except to responsible proponents capable of providing the Services. b. No contract will be awarded to any proponent who is currently disqualified from bidding (or to a proponent whose owner/principal is or was the owner/principal of a vendor who is disqualified from bidding) on the scope of services outlined in this RFP per Procurement Policy c. Proponents must be primarily engaged in providing the Services as outlined in this RFP. d. Proponents must have an extremely comprehensive understanding of the subject matter in this RFP. Such understanding and previous experience in all aspects of similar projects are essential criteria in the qualifying process. The Municipality reserves the right to consider past performance on Municipal contracts in the evaluation of a proponent s qualifications. e. Proponents must have a proven record of having provided similar services. The Municipality reserves the right to check all client contacts furnished and to consider the responses received in evaluating proposals. f. Proponents must use personnel and management knowledgeable in their areas of expertise. The Municipality reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be used in the performance of the Services. 1.4 Reservations The Municipality reserves the right to reject or accept any or all proposals or parts of proposals, when in its reasoned judgment; the public interest will be served thereby. The Municipality may waive formalities or technicalities in proposals as the interest of the Municipality may require. The Municipality may waive or correct minor errors, omissions and inconsistencies in proposals provided they do not violate the proposal intent. Under no circumstances shall the Municipality be liable for any losses or damages arising from the Municipality s rejection or acceptance of any proposal for any reason whatsoever. CBRM may, in its absolute discretion, reject a Proposal submitted by a Proponent if: i) the Proponent, or any officer or director of the Proponent; ii) any related company of the Proponent through common ownership, control or otherwise; or iii) any intended sub-contractor of the Proponent is or has been engaged, either directly or indirectly through another corporation, in a legal action (including arbitration or the service on CBRM of formal notice of intent to commence a legal action) against CBRM, its elected or appointed officers and employees in relation to any other contract with CBRM; or within five years of the date of this Request for Proposals. In determining whether to reject a proposal under this clause, CBRM will consider whether the litigation is likely to affect the Proponent's ability to work with CBRM, its consultants and representatives and whether CBRM s experience with the Proponent (or any of the individuals or entities referenced above) indicates that CBRM is likely to incur increased staffing and/or legal costs in the administration of this contract if it is awarded

11 to the Proponent. 1.5 Modifications/Addenda a. Any addenda issued by the Municipality shall be posted on the Nova Scotia Public Tenders website at b. The proponent must monitor the Nova Scotia Public Tenders Website for any addenda that may be issued during the full open period of the RFP. c. The submitter must be prepared to include in the contract for services any oral or written representations, undertakings or guarantees that are made prior to the final agreement, including the entire response to this RFP, or parts thereof. d. The submission of a proposal shall be deemed to indicate that the proponent has read, understood and considered all addenda posted to the Nova Scotia Public Tenders Website prior to the closing date and time. 1.6 Proponents Expenses Proponents are solely responsible for their own expenses in preparing, delivering or presenting a proposal. 1.7 Exceptions The submission of a proposal shall be considered an agreement to all the terms and conditions provided herein. Any proposal containing exceptions to the terms and conditions of the RFP or the resulting contract may be rejected by the Municipality for non-compliance. Any request for changes to the terms and conditions of the RFP or the resulting contract must be made in writing to the CBRM Procurement Office prior to the date of closing. Only if the Municipality issues a formal addendum to the RFP will any changes to the RFP or resulting contract be effective. 1.8 RFP Administration All questions concerning the procurement process shall be directed to Donna Murphy, Buyer, at , Monday through Friday, 8:30 A.M. to 4:30 P.M. 1.9 Existing Conditions Each proponent must completely satisfy themselves as to the exact nature and existing conditions of the requirements and for the extent and quality of the Services to be performed. Failure to do so will not relieve the successful proponent of their obligation to perform the Services in accordance with the provisions of the contract.

12 1.10 Questions a) The proponent is responsible for obtaining any needed clarification of the RFP requirements, while the RFP is open. Questions should be directed in writing to the contacts identified in this document. is the preferred method of contact. Verbal questions and responses that are not later confirmed in writing will not be considered an official response. b) Questions and responses that are deemed to materially affect the RFP requirements, project scope, time lines, etc. or to be of interest to all prospective proponents may be made available via Addenda at the sole discretion of the Municipality Currency and Taxes Prices are to be quoted: - In Canadian dollars; - Inclusive of duty, where applicable; - Exclusive of HST Compliance with Laws The proponent will give all the notices and obtain all the licenses and permits, required to perform the work. The proponent will comply with all laws applicable to the work or performance of the contract Public Information/Proprietary Information a. The Municipality is subject to the Freedom of Information and Protection of Privacy provisions contained within the Municipal Government Act. Any document submitted to the Municipality in response to this RFP is subject to this legislation and proponents should be aware that any member of the public is entitled to request a copy of the document. In response to such a request, the Municipality may be required to disclose some or all of the information in accordance with the criteria set out in the legislation. b. The Municipality is also subject to the Personal Information International Disclosure Protection Act. The Act creates obligations for the Municipality and its service providers when personal information is collected, used or disclosed. Requirements include limiting storage, access and disclosure of personal information to Canada, except as necessary or otherwise required by law. c. By submitting a proposal, the proponent agrees that the Municipality may disclose the following sections of the proposal without notification to the proponent: i. Form of Proposal ii. Executive Summary/Transmittal Letter/Cover Letter iii. Proponent s fixed total cost (if applicable)

13 1.14 Submission Validity a. No adjustments will be allowed to any submitted Proposals. Should your proposal require and amendment, faxed amendments to the relevant section of the proposal will be accepted up to the closing date and time. Proposals, however, may be withdrawn prior to the closing date and time for the submission of proposals. Unless otherwise specified, all proposals submitted shall be irrevocable for ninety (90) calendar days following the closing date. b. Late proposals will be rejected. c. Incomplete proposals will not be entertained. d. Proposals not completed in permanent, unalterable form of print will be rejected Disputes In cases of dispute as to whether or not an item or service proposed meets the RFP requirements, the decision of the Municipality shall be final and binding Disqualification for Inappropriate Contact Any attempt on the part of a proponent or any of its employees, agent, contractors or representatives to contact any of the following persons with respect to this RFP or the Services prior to contract award may lead to disqualification: I. any member of the evaluation team (except those mentioned in this RFP) or any expert advisor to them; II. any member of Council; any other member of the Municipal staff; and III. CBRM Staff Proposal Submission The submission of a proposal will be considered as a representation that the proponent has carefully investigated all conditions which may affect or may, at some future date, affect the proponent s performance of the Services as described in this RFP and that the proponent is fully informed concerning the conditions to be encountered, quality and quantity of work to be performed and materials to be furnished; also, that the proponent is familiar with and will abide by all Federal and Provincial laws and regulations and all bylaws, codes and ordinances of the Municipality which in any way affect the performance of the Services or persons engaged or employed in the performance of the Services.

14 SECTION 2 ADMINISTRATION 2.1 Background The Cape Breton Regional Municipality (CBRM) is seeking proposals from qualified firms to provide a Citizen Phone Survey. The successful firm will undertake a household citizen phone survey to collect information on individual s preferences and opinions on a variety of topics currently affecting the municipality. The successful proponent will also provide recommendations on sample size, demographics and associated services for survey development and follow up reporting. Citizen opinions and preferences are used for prioritizing topics, to enhance public engagement and to collect data to assist in decision making by both staff and Council. It is through analysis of trends in priorities and preferences that the CBRM can better suggest broad policy decisions. 2.2 Proponent s Qualifications No contract will be awarded except to responsible proponents capable of providing the services contemplated. Proponents must be primarily engaged in providing the services as outlined in this Request for Proposal. Proponents shall be independent of and not affiliated with any prime service provider or manufacturer. Proponents must have an extremely comprehensive understanding in the areas listed in this Request for Proposal. Understanding and previous experience in all aspects of similar projects is very essential criteria in the qualifying process. Proponents shall have a proven record of having provided this service requirement. The CBRM reserves the right to check all references furnished and consider the responses received in determining the award of this proposal. The proponent s personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The CBRM reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. The proponent must be currently in service of providing the work associated with this project and have been engaged in this field.

15 2.3 Indemnity If the contract is awarded, the successful proponent will be required to indemnify and hold the CBRM harmless and against all liability and expenses, including solicitor s fees, howsoever arising or incurred, alleging damage to property or injury to, or death of, any person arising out or attributable to the proponent s performance of the contract awarded. Any property or work to be provided by the proponent under this contract will remain at the proponent s risk until written acceptance by the CBRM; and the proponent will replace, at the proponent s expense, all property or work damaged or destroyed by any cause whatsoever. 2.4 Insurance Requirements The Proponent shall provide proof of Professional Errors and Omissions Insurance for all design professionals (such as architects, landscape architects or engineers) who provide the Proponent with signed stamped drawing or calculations. Such insurance shall have limits not less than $2,000,000 each claim with respect to negligent acts, errors and omissions, and any deductible may not exceed $50,000 each claim. The Proponent shall obtain such insurance when the Proponent subcontracts for any work from such a design professional, and prior to the submittal of Construction Documents. Any design professional required to obtain professional liability insurance must maintain proof of insurance for the term of this Agreement. If requested at any time by CBRM, the proponent will be required to provide General Liability Insurance in a form acceptable to CBRM, with CBRM as a named party. The amount of coverage will be $2,000,000. If requested at any time by CBRM, the Proponent shall provide automobile liability insurance in respect to owned licensed vehicles subject to limits of not less than Two Million Dollars ($2,000,000) inclusive. If the Proponent is legally obliged to be covered by Workers Compensation and Health and Safety regulations, the Proponent shall provide evidence of his coverage and that the premiums have been paid and are up-to-date. Proponent shall also be responsible for obtaining and providing evidence that any Subcontractor is also covered as required by law. 2.5 Termination (1) Termination for Convenience: The CBRM may terminate a contract, in whole or in part, if determined that such a termination is in its best interest, without showing cause, upon giving written notice to the proponent. The CBRM shall pay all reasonable costs incurred by the proponent up to the date of termination. However, in no event shall the proponent be paid an amount which exceeds the bid price for the work performed. The proponent shall not

16 be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination. (2) Termination for Default: When the proponent has not performed or has unsatisfactorily performed the contract, the CBRM may terminate the contract for default. Upon termination for default, payment will be withheld at the discretion of CBRM. Failure on the part of the proponent to fulfill the contractual obligations shall be considered just cause for termination of the contract. The proponent will be paid for work satisfactorily performed prior to termination, less any excess costs incurred by the CBRM in re-procuring and completing the work. 2.6 Availability of Funds The contractual obligations of the CBRM under this contract are contingent upon the availability of appropriated funds from which payment for this contract can be made. 2.7 Interpretation The contract resulting from this Request for Proposal shall be construed under the laws of the Province of Nova Scotia. 2.8 Integration This Request for Proposal document, the proponent s response to this solicitation, and subsequent purchase order(s) to the successful proposal contain the entire understanding between parties, and any additions or modifications hereto may only be made in writing executed by both parties. 2.9 Non-assignment of Contract The proponent shall not assign the contract, or any portion thereof, except upon the written approval of the CBRM Privacy In compliance with section 5(1) of the Personal Information International Disclosure Protection Act (PIIDPA), CBRM is required to ensure that any person information in its custody or control, which includes personal information that may be held by any of its service providers, is stored and accessed only within Canada, unless the storage of or access to the information outside of

17 Canada is to meet the necessary requirements of its operations. The respondent, if successful, will become the service provider and will be subject to this legislation. As such, the respondent must clearly identify whether they are able to meet the PIIDPA requirements of storage of and access to personal information only within Canada. The proposed solution must not permit the collection, use and/or disclosure of any personal information without the consent of the individual. In the event that the Canadian vendor is acquired by a non-canadian company, the Canadian vendor would no longer comply with the requirements of PIIDPA. Prior to the completion of any such acquisition, the Canadian vendor shall notify the CBRM of the proposed acquisition. The Canadian vendor agrees, at no cost to the CBRM and upon reasonable notification from CBRM, to provide to CBRM all CBRM data in electronic format, and to completely purge all CBRM data, including backups, from the Canadian vendor s possession prior to the completion of the acquisition. A certificate from an independent third party verifying that all data, including backups, has been purged shall be provided to CBRM prior to the acquisition of the Canadian vendor by a non-canadian company. Acceptable third parties include professional accountants, certified auditors and IT professionals Contract Agreement The selected proponent will be required to enter into a contract agreement with the Cape Breton Regional Municipality Relationship of parties It is clearly understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. The Proponent is an independent contractor in the performance of work and the provision of services under this Contract Intellectual Property Rights The Cape Breton Regional Municipality will be the owner of the intellectual property rights, including patent, copyright, trademark, industrial design and trade secrets in any deliverable product or product developed through this contract. Licensing and marketing rights to the developed product will not be granted in the contract. Proposals regarding these rights should not be submitted in response to this Request for Proposal and will not be considered in evaluating responses. If in the future the Cape Breton Regional Municipality elects to

18 commercialize the developed product, the licensing and marketing rights will be negotiated separately. The Cape Breton Regional Municipality will be the owner of all research and survey questions developed, as well as all data collected, and reserves the right to use the research and survey questions as written in the future Confidentiality The selected proponent agrees not to release or in any way cause to release any confidential information that pertains to the CBRM unless they have been specifically approved to do so in writing Added Value CBRM is interested in maximizing the value of expenditures at it relates to achieving additional value that would further benefit CBRM and its operation, as well as its community of citizens and their tax based funding. As such, bidders are encouraged to consider, develop and propose added value concepts, programs, components and the like that would further enhance the proposed acquisition represented in this solicitation request Contractor Safety Management Policy The proponent shall: 1. comply with all health and safety and environmental legislation in the performance of this contract and to practice the principles of proactive Due Diligence. 2. maintain a safe and healthy work environment during the performance of this contract The Proponent shall 1. comply with all health and safety and environmental legislation and any CBRM policy or procedure applied to or applicable to this contract is a condition of the contract. 2. permit CBRM to audit or inspect my/our health and safety and environmental records during the term of the contract and upon its conclusion and to co-operate fully with any such audit or inspection The Proponent shall agree: 1. that CBRM may address contractor safety deficiencies in the following progressive steps: 2. The problem will be identified to the Proponent, (site supervisor). 3. The Proponent s head office will be contacted about the problem, orally and followed up in writing. 4. The Contract may, at the discretion of CBRM, be suspended or terminated and/or payment withheld by CBRM.

19 5. If required to do so by legislation, CBRM will immediately report the problem to the appropriate regulatory authority 6. that depending upon the nature and/or seriousness of the deficiency CBRM reserves the right to bypass any or all of the steps described in subsection SECTION 3 PROJECT BACKGROUND AND FRAMEWORK 3.1 Project Background Need CBRM is in need of current citizen opinion data on several topics affecting the municipality. The results of the survey will guide strategic planning and decisions on a variety of topics, and provide staff and Council with knowledge of the priorities that are pertinent to the residents of the CBRM. Therefore, the CBRM is seeking a firm that can carry out a citizen phone survey, including six (6) to ten (10) questions and associated tasks. The successful proponent shall provide sample size methodology and recommendations, including appropriate demographics that represent the twelve (12) districts that make up the CBRM, equally. Also, they shall work with the CBRM to develop the six (6) to ten (10) questions in accordance with Certified Marketing Research Professional (CMRP) criteria, then carrying out the phone survey for the recommended sample size. It is recognized that the CBRM must gather citizen opinions and feedback in multiple ways. The results of the phone survey will be used in conjunction with a variety of other citizen engagement techniques carried out by the CBRM Goal The intent of this Request for Proposal is to acquire a firm to carry out a citizen phone survey of six (6) to ten (10) questions and associated services Objectives/Scope of Work The objective is for Cape Breton Regional Municipality to enter into a partnership with a vendor capable of providing an array of services, including: 1. Project planning - Work with CBRM staff to finalize project plan and timeline - Propose potential timeline for completion by February 28, Provide all labour, materials, tools, equipment to conduct phone survey in CBRM 3. Determine sampling methodology, ensuring responses can be reported at the Regional level - Include recommended sample sizes and demographics that are representative

20 of the CBRM s population and twelve districts in proposal - Include pricing options for sample size suggestions 4. Assist in survey design and development - Consult Certified Marketing Research Professional (CMRP) for design of research/survey questions in conjunction with CBRM staff - Develop script for phone calls, based on research/survey questions 5. Administer phone survey to citizens of CBRM - Must have access to, or acquire database of phone numbers to meet agreed sample size 6. Draft and deliver final report - Provide a final report, highlighting trends - Provide all collected data in excel file Constraints Upon award, work to be completed by no later than February 28, Assumptions None SECTION 4 PROJECT OBJECTIVE Complete the project on time and on budget using sound project management principles. SECTION 5 DETAILED SCOPE OF CONSULTING SERVICES The CBRM requires consulting services, along with the following themes: The Proponent will be required to undertake, but not limited to, the following tasks. 5.1 Project Management The proponent shall designate in their proposal, a project manager. All coordination for services with the Cape Breton Regional Municipality and the successful proponent shall be the responsibility of the project manager. The project manager shall ensure that any substitutions in proponent team personnel are approved by the CBRM project manager. Report to CBRM through a review process and meetings at various stages of the work program. The work progress shall be measured against a defined budget and work schedule.

21 CBRM recognizes that project management is an essential part of this project, therefore a written weekly progress report is required to be submitted and consist of the actual schedule achieved overlaid on the original base schedule submitted by the proponent at the start up meeting. For instances where the schedule has not been achieved a brief written explanation as to why shall be included. The progress report can be submitted either as a hard copy or as an attachment to an electronic . Meet, liaise with regulatory bodies, utilities, stakeholder groups, other levels of government, members of the community, as required. Provide copies to CBRM of all correspondence related to the project including agreements reached on behalf of CBRM. 5.2 Reporting and Deliverables In addition to the final report in PDF format. A digital copy of the survey data will be provided, in excel format, to allow the CBRM to manipulate the data for statistical analysis. All material produced and information collected by the proponent in performance of this terms of reference shall become the property of the Municipality. All material shall be kept confidential by the Proponent unless authorized in writing by the Municipality. SECTION 6 PROPOSAL SUBMISSION The submission of a proposal on this service will be considered as a representation that the proponent has carefully investigated all conditions which may affect or may, at some future date, affect the performance of the services covered by the proposal, the entire area to be services as described in the attached specifications and other contract documents and that the proponent is fully informed concerning the conditions to be encountered, quality and quantity of work to be performed and materials to be furnished; also, that the proponent is familiar with all Federal and Provincial laws, all codes and ordinances of the Cape Breton Regional Municipality which in any way affects the prosecution of the work or persons engaged or employed in the work. In responding to this proposal, each proponent shall include, as a minimum, a Technical Proposal and a Cost Proposal. The proposal is not complete unless it contains a Technical Proposal which addresses the requirements described herein, and a separate Cost Proposal that details all costs for the proposed services. Both the Technical Proposal, which shall be identified as envelope #1, and the separate Cost Proposal, which shall be identified as envelope #2, shall be submitted simultaneously. Both Technical and Cost Proposal must be signed by an authorized representative of the firm submitting. Sealed Proposals will be received by Cape Breton Regional Municipality (CBRM) Procurement Section, Suite 104, 1st Floor, 320 Esplanade, Sydney, Nova Scotia, B1P 7B9

22 6.1 Submission Requirements The Proposal shall include the following as a minimum; failure to do so may be cause for rejection of the proposal: General Information Using the form identified in this document as Appendix B General Information, the proponent shall provide the name of the firm, Office address, telephone number, address, and facsimile number and Business Registration Profile. Note: The Laws of the Province of Nova Scotia require that all businesses operating in Nova Scotia to register with the Registry of Joint Stock Companies except: New Brunswick corporations and NB partnerships/business names registered in New Brunswick Individuals or partners using only their personal names without a descriptive element or attachment such as 'and Associates' Partnerships whose sole purpose is farming or fishing The status of a proponent s business registration does not preclude the submission of a proposal. A proposal can be accepted for evaluation regardless of (i) whether the company is registered, or (ii) whether its business registration is in good standing (i.e.: status is active ). However, this legal requirement must be addressed at time of award Team Composition and Experience Proponents shall provide, in detail, their credentials related to the scope of work and any information which documents successful and reliable experience in past contracts, especially those contracts related to the requirements of this Request for Proposal A one (1) page resume detailing educational qualifications and previous work assignments related to this Request for Proposal for each person who will perform the services required, including the Project Lead and Key Team Members. In the event there would be a change in the persons named and assigned to perform the services under the contract, the proponent shall be required to submit, for approval to the Cape Breton Regional Municipality, the credentials and resumes of the persons the proponent proposes to perform the services under the contract Proponents shall provide a list of three (3) applicable client contacts who have contracted for services offered by the proponent which is

23 considered identical or similar to the requirements of this Request for Proposal. The list should include the following information: 1. Company Name and Address 2. Contracting Officer and Telephone Number 3. Technical Representative and Telephone Number, and 4. A brief, written description of the specific services provided including the year, proponent contract value and final proponent contract value. Client contacts which include Cape Breton Municipality staff are not desired and will not be considered Understanding of CBRM Needs Proponents shall provide a demonstrated understanding of the subject matter, including, but not limited to, the scope of work as well as the approach that will be taken to accomplish the Services related to this RFP document, as well as an indication of possible challenges and solutions not directly referenced in the Request of Proposals Proponents shall provide a bar chart indicating significant milestones. The proponent s proposal shall also indicate the number and frequency of the anticipated meetings for the review process. Indicate on the schedule the critical path. For the purposes of constructing a schedule the proponent shall consider the following: The proponent shall use standard calendar dates when presenting the schedule. The cutover shall take no longer than 60 calendar days from the date the tender is awarded. Billing for the new circuits will start 14 days after the commissioning of the circuit Project Management Methodology An organizational chart clearly identifying team roles and primary contact will be provided (in the case of multi-disciplinary Joint Ventures, the lead firm will be identified.) A Work Breakdown Structure indicating each team member s responsibility and contribution in both days and as a percentage of the total work should be included per the requirements of Section A description of Proponents Quality Assurance methods and practices should be included.

24 6.2 Cost Proposal The proposal shall also indicate the number and frequency and method (i.e /in person, web-conference, tele-conference, etc) of the anticipated meetings. Meeting dates should also be included in schedule per requirements of section Business/Technical Solution Proponents shall provide recommendations of sampling methodology, including size and demographics and demonstrate access to, or plans to acquire a database of phone number for local area Proponents shall include details pertaining to how they will consult CMRP principles for survey design services and script development Proponents shall include a detailed timeline to complete work by February 28, Proponents shall provide a total price for conducting the citizen survey of six (6) to ten (10) questions for their recommended sample size, including all associated work. The Cost Proposal should also include a detailed list of tasks and activities with a breakdown into work packages, details of all individual costs of the proposed services, and total costs. 6.3 Document Size Restrictions Elaborate brochures or voluminous examples are neither required nor desired. Your proposal should not be more than 30 typed pages maximum, Times New Roman 12 point font pitch. Digital submissions must not exceed 10Mb. 6.4 Number of Proposals to be Submitted Three (3) copies, One (1) unbound and duly signed and one (1) in digital format on a flash drive of each proposal both technical and price components are to be submitted. Technical and price components must be submitted in separate envelopes and as separate digital files. SECTION 7 METHOD OF AWARD The evaluation process will be carried out by an evaluating committee who will establish the ranking of all the consultants and produce a short list. The short-listed consultants may be invited to make a brief presentation. The results of the above process will be brought to the appropriate staffing level with a recommendation from the evaluating committee to award.

25 7.1 Evaluation Process Each Proposal will be evaluated using the following process: Stage 1: Verify each bid s compliance to the Mandatory Criteria identified below, and disqualify any bids that fail to meet these. Stage 2: For bids that pass the Mandatory Criteria, evaluate and score each one, using the Desirable Criteria and weights. Stage 1 Mandatory Criteria The proposal must meet all of the following mandatory criteria and clearly demonstrate that these are met in a substantially unaltered form. If the proposal fails to meet any one of these criteria, it will receive no further consideration during the evaluation process and be deemed non-compliant. 1. The proposal must clearly demonstrate the proponent s experience and ability to fulfill the service requirements identified. 2. All Cost Proposals must be submitted in Canadian dollars (CDN) exclusive of all taxes. 3. Minimum of three resources experienced in supporting a research project of similar scope. Stage 2 Proposal Evaluation Criteria All proposals which pass Stage 1 Mandatory Criteria will be evaluated and ranked against the weighted Proposal Evaluation Criteria listed in Appendix A - Proposal Evaluation Criteria. Proposers are reminded that the proposal is the main document used in the evaluation and that the Proposer shall insure all information required to make the decision is included. Proposals not achieving a minimum of 75% of the total available technical points will no longer be considered and the Cost Proposal will be returned unopened. To assist in the evaluation of the Responses, the Evaluation Committee may, but is not required to: Contact the proponent s clients/customers relevant to the proposal with any or all of the client contacts cited in a response to verify any and all information regarding a proponent and rely on and consider any relevant information from such cited references in the evaluation of responses. Conduct any background investigations that it considers necessary in the course of the evaluation process and consider any relevant information resulting in the