REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS 2016-RFP-05 Parking Management Services Issue Date: February 29, 2016 Original and three (3) complete copies of a Proposal in an envelope plainly marked "2016- RFP-05 Parking Management Services may be hand delivered, couriered or mailed and must be received prior to the Closing Date and Time. Fax or submissions will NOT be accepted. RFP Closing Time: 2:00 p.m. local time RFP Closing Date: Tuesday, March 22, 2016 Delivered to: Submission Enquiries: City of Penticton 616 Okanagan Avenue East Penticton, BC V2A 3K6 Attention: Cathy Ingram, Logistics Manager Cathy Ingram, Logistics Manager cathy.ingram@penticton.ca NOTE: Questions will not be accepted or answered 48 hours prior to the closing date and time. Proposals will not be opened in public. It is the sole responsibility of the proponent to check the City s website at for any updated information and addenda issued before the closing date. is the only authorized website to obtain competitive bid documents for the City of Penticton opportunities. The City of Penticton shall not be held responsible for our competitive bid documents that are located on any other website.

2 TABLE OF CONTENTS 1.0 SCOPE OF THE PROPOSAL INTERPRETATION DEFINITIONS CONTENT OF PROPOSAL INSTRUCTIONS TO BIDDERS REQUEST FOR PROPOSAL RFP PROCESS PRE-RFP INFORMATION PROPOSAL PREPARATION ADDITIONAL TERMS CONDITIONS CONTRACTOR S OBLIGATIONS INSURANCE PROTECTION AND DAMAGE MAPS PROPOSAL SUBMISSION FORM APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H APPENDIX I

3 1.0 SCOPE OF THE PROPOSAL 1.1 INTRODUCTION The purpose of this Request for Proposals is to identify a partner to work with the City to perform Parking Management Services. The City currently operates and patrols 5 Parking Meter/pay lots, 5 on-street pay machines, 4 scramble monthly/yearly permit lots, 1 marina boat trailer parking lot consisting of 57 spaces, 200 double on-street Parking Meters and 58 single on-street Parking Meters. An expansion of that program in 2016 will require approximately 19 additional pay stations covering 272 new on-street parking spaces and 177 controlled parking lot spaces. Further expansion of the program in 2017 will require an additional estimated 4 machines to cover 286 parking spaces. The City is requesting Proposals from qualified Proponents to perform all associated Work necessary to provide Parking Management Services on behalf of the City, including sourcing and installing new Parking Meter equipment, refurbishing existing Parking Meter equipment, patrolling parking areas, staffing special events, enforcement of the City s parking regulations and policies, ticketing and operation of the yearly/monthly parking lots. The Contractor will report directly to the City of Penticton Bylaw Services Supervisor and be required to adapt to accommodate any changes in the number of parking stalls and pay parking lots and changes in City policy. The Contractor will have a presence in the community, through either a downtown store front location or an office with the ability for the public to contact the Contractor with ticket disputes, accept payment of City of Penticton Bylaw Offence Notices (BON)/or any other concerns. Customer Service is a key component to the parking program. Branding of the store front, website and any contact numbers will remain with the City of Penticton. The City will be interviewing and negotiating with short-listed Proponents, which will be selected based on, but not limited to, past experiences, references, financial model, value to the City, Implementation Plan, Operating Plan and technology competence. The Successful Proponent will perform the Parking Management Services for three (3) years, commencing May 15, The City will retain the option to extend the Service Agreement for up to six (6) additional years, in three-year increments, provided both parties agree to the renewal. 2.0 INTERPRETATION 2.1 DEFINITIONS a. Best Value means the value placed upon quality, service, past performance and price. b. BON means Bylaw Offence Notice issued for parking violations. c. City means The Corporation of the City of Penticton. d. City Representative means the representative or appointee engaged by the City to supervise the Work. e. Contract means an agreement between the City and the Successful Proponent. 3

4 f. Contractor means the Successful Proponent to this RFP who enters into a written Contract with the City. g. Council means the duly elected officials of the City. h. Event Parking means special parking permits or restrictions that apply during events. i. First Line Maintenance means basic self-service equipment maintenance and cleaning completed by the Contractor to keep it in good working order for normal daily operation. j. must, mandatory or required means a requirement that must be met in order for a Proposal to receive consideration. k. Parking Facilities means City owned off-street parking surface parking lots and all machinery and permanent equipment located therein including ticket dispensers. l. Parking Meter means any device that registers the amount of time purchased for the parking of a motor vehicle at the expiration of which the driver is liable to receive a fine. m. Premises shall mean building(s) or part of a building with its appurtenances. n. "Proposal" shall mean the Proponent's submission to the RFP. o. Proponent means a party submitting a Proposal to this RFP. p. RFP means the Request for Proposal. q. Request for Proposal includes the documents listed in the index of the Request for Proposal and any modifications thereof or additions thereto incorporated by addenda before the close of RFP. r. Screening Officer means a person in a class designated by bylaw under the Local Government Bylaw Notice Enforcement Act, as amended, and appointed as a screening officer by the City. s. Services means any labour, materials, duty and/or efforts to accomplish the purpose of this project. t. should or desirable means a requirement having a significant degree of importance to the objectives of the Request for RFP. u. Special Conditions means the special conditions, which are included in the RFP. v. Specifications means the specifications which are included in the RFP. w. Sub-contractor includes, inter alia, a person, firm or corporation having a contract with the Successful Proponent for the execution of a part or parts, or furnishing to the Successful Proponent materials and/or equipment called for in the RFP. x. Successful Proponent means the Proponent submitting the most advantageous RFP as determined by the City of Penticton. y. Work means any labour, materials, duty and/or efforts to accomplish the purpose of this project. 4

5 3.0 CONTENT OF PROPOSAL Proposals (one original, 3 copies) must be submitted in printed form. The following documents must be included in the submission. 1. Proposal Submission Form 2. Appendix A Certification Document 3. Appendix B Conflict of Interest Certification 4. Appendix C References 5. Appendix D Implementation and Operating Plan 6. Appendix E Estimated Capital Budget 7. Appendix F Estimated Annual Operating Budget 8. Appendix G Parking Services Management Fee 9. Appendix H Cash and Revenue Reports 10. Appendix I - Incentive Program and Value Adds Proposals should address the RFP content requirements as outlined herein, be well organized, detailed and comprehensive. Clarity of language, adherence to suggested structuring, and adequate accessible documentation is essential to the City's ability to conduct a thorough evaluation. The City is interested in Proposals that demonstrate efficiency and value for money. General marketing and promotional material will not be reviewed or considered. 4.0 INSTRUCTIONS TO BIDDERS 4.1 GENERAL a. The law applicable to this RFP shall be the law in effect in the Province of British Columbia. Except for an appeal from a British Columbia Court to the Supreme Court of Canada, no action in respect to this RFP shall be brought or maintained in any court other than in a court of the appropriate jurisdiction of the Province of British Columbia. b. In carrying out its obligations hereunder, the Proponent shall familiarize itself and comply with all applicable laws, bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits and registrations as may be required by law. Where there are two or more laws, ordinances, rules, regulations or codes applicable to the Works, the more restrictive shall apply. c. Applicability of law: All references in the RFP to statutes and regulations thereto and City bylaws shall be deemed to be the most recent amendments thereto or replacements thereof. 5

6 d. Copyright: All designs, drawings, concept drawings, specifications, digital, hard copies, web pages, internet pages, maps and plans commissioned by the City of Penticton, shall remain the property of the City of Penticton. e. In the case of any inconsistency or conflict between the provisions of the RFP, the provisions of such documents and addenda thereto will take precedence in governing in the following order: (1) addenda; (2) RFP; (3) Special Conditions; (4) Specifications; (5) Drawings; (6) Executed Form of RFP; (7) all other documents. f. Headings are for convenience only: Headings and titles in the RFP are for convenience only and are not explanatory of the clauses with which they appear. g. Method of payment is governed by City policy as well as applicable Federal and Provincial laws. h. The RFP, accepted submission, and City Contract represent the entire Agreement between the City and the Successful Proponent and supersede all prior negotiations, representations or agreements either written or oral. The Contract may be amended only by written instrument agreed and executed by the Successful Proponent and the City. 5.0 REQUEST FOR PROPOSAL RFP PROCESS 5.1 NOT A TENDER CALL This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. This RFP is not an invitation for an offer to contract, and it is not an offer to contract made by the City. 5.2 NO OBLIGATION TO PROCEED Though the City fully intends at this time to proceed through the RFP, the City is under no obligation to proceed to the purchase, or any other stage. The receipt by the City of any information (including any submissions, ideas, plans, drawing, models or other materials communicated or exhibited by any intended Proponent or on its behalf) shall not impose any obligations on the City. There is no guarantee by the City, its officers, employees or agents, that the process initiated by the issuance of this RFP will continue, or that this RFP process or any RFP process will result in a contract with the City. 5.3 ADDENDA AND SUBSEQUENT INFORMATION Proponents are advised that all subsequent information regarding this RFP including any addendum will be posted on the City s webpage. 5.4 ELIGIBILITY Proposals will not be evaluated if the Proponent s current of past corporate or other interests may, in the City s opinion, give rise to a conflict of interest in connection with the RFP. 5.5 CONFLICT OF INTEREST Any potential or perceived conflict of interest must be disclosed to the City in writing through the use of the Conflict of Interest Certification in Appendix B. Any conflict of interest identified will be considered and 6

7 evaluated by the City. The City has the sole discretion to take the steps they deem necessary to resolve the conflict. If during the term of the Contract, a conflict or risk of conflict of interest arises, the Contractor will notify the City immediately, in writing, of that conflict or risk and take any steps that the City reasonably required to resolve the conflict of deal with the risk. 5.6 LATE PROPOSALS Proposals received after the final date and time for receipt of Proposals will be considered as late Proposals. Late Proposals will not be accepted and will be returned unopened to the sender. 6.0 PRE-RFP INFORMATION 6.1 INTENTION OF THE CITY The Proponents who submit the most advantageous Proposal and which represents the interests of the City, best overall, will be invited to an interview and may eventually be awarded the Contract. The City reserves the right to accept or reject all or part of the RFP, however, the City is not precluded from negotiating with the Successful Proponent to modify its Proposal to best suit the needs of the City. 6.2 REJECTION OF PROPOSALS The City reserves the right to reject, at the City s sole discretion, any or all Proposals, without limiting the foregoing, any Proposal which either: a. is incomplete, obscure, irregular or unrealistic; b. has non-authorized (not initialled) erasures or corrections in the Proposal or any schedule thereto; c. omits or fails to include any one or more items in the Proposal for which a price is required by the RFP; d. fails to complete the information required by the RFP to be furnished with a Proposal; and/or e. fails to complete the information required whether the same purports to be completed or not. Further, a Proposal may be rejected on the basis of the Proponents past performance, financial capabilities, completion schedule and compliance with Federal, Provincial, and/or Municipal legislation. As it is the purpose of the City to obtain a Proposal most suitable to the interests of the City and what it wishes to accomplish, the City has the right to waive any irregularity or insufficiency in any Proposal submitted and to accept the Proposal which is deemed to provide the Best Value to the City. 6.3 EVALUATION CRITERIA Proposals will be checked against the mandatory criteria. Proposals not meeting all mandatory criteria will be rejected without further consideration. If all submissions do not meet the City s mandatory criteria, it shall remain the City s sole discretion to evaluate submissions and reject all or award to the Proponent with the highest overall ranking. 7

8 MANDATORY CRITERIA MANDATORY CRITERIA Proposal Submission Form signed and dated Completed Appendix A Certification Document Completed Appendix B Conflict of Interest Certification Completed Appendix C - References SCORED EVALUATION CRITERIA Proposals meeting the mandatory requirements will be further evaluated based on predetermined criteria and weighting as detailed below: OPERATING PLAN 35% Operating Plan meets City requirements Ability to meet stated requirements and specifications Budgets provided reasonable EXPERIENCE 25% Demonstrates experience, qualifications and capability to deliver parking management services. References VALUE TO CITY 20% Provides value to the City Proposed Parking Meters meet City needs Value to customers Location of Storefront Incentive program Value adds SYSTEMS AND CONROLS 10% Demonstrates/documented systems and controls IMPLEMENTATION PLAN 10% Implementation plan meets City s requirements EVALUATION COMMITTEE Evaluation of Proposals may be by an Evaluation Committee formed by the City. Upon submitting a Proposal, Proponents agree that the City may disclose their company name; however, no prices, scores, weights or totals will be provided to any Proponents. Awards will be made based on the Best Value offered, and the Best Value will be determined by the City. The quality of the service to be supplied, the conformity with the specifications, the suitability to requirements, guarantee clauses, and references shall all be taken into consideration. The City will be interviewing and negotiating with short-listed Proponents, which will be selected based upon the above Evaluation Criteria. 8

9 6.4 CONFIDENTIALITY OF PROPOSALS The City will endeavour to keep all Proposals confidential. The material contained in the Proposal from the Successful Proponent will be incorporated in a contract and information which is considered sensitive and/or proprietary shall be identified as such by the Proponent. Technical or commercial information included in the City contract shall not be released if the Logistics Department of the City deems such releases inappropriate, subject to the Protection of Privacy and Freedom of Information Act. 6.5 CONFIDENTIALITY OF CITY S INFORMATION All Proponents and any other persons who, through this RFP process, gains access to the City s confidential financial information, are required to keep strictly confidential all information which in any way reveals confidential business, financial or investment details, programs, strategies or plans learned through this RFP process. This requirement will continue with respect to such information learned by the Successful Proponent, if any, over the course of any contract for service which arises out this RFP process. Information pertaining to the City obtained by the Proponent as a result of participation in this process is confidential and must not be disclosed without written authorization of the City. 6.6 CLARIFICATION The City reserves the right to seek Proposal clarification with the Proponents to assist in making evaluations. 6.7 GIFTS AND DONATIONS Proponents will not offer entertainment, gifts, gratuities, discounts, or special services, regardless of value, to any employee of the City. The Successful Proponent shall report to the City s Logistics Department any attempt by City employees to obtain such favours. 6.8 ACCEPTANCE OF PROPOSAL The City shall not be obligated in any manner to any Proponent whatsoever until a written agreement has been duly executed relating to an approved Proposal. No act of the City other than written notice signed by the City s Corporate Officer or Logistics Manager shall constitute an acceptance of a Proposal. Such acceptance shall bind the Successful Proponent to execute in a manner satisfactory to the City. 6.9 NEGOTIATION DELAY If a written Contract cannot be negotiated within 30 days of notification to the Successful Proponent, the City may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the RFP process and not enter into a Contract with any of the Proponents ENQUIRIES AND CONTACT DURING THE RFP PROCESS All enquiries related to this RFP are to be directed, in writing, to Cathy Ingram, Logistics Manager City Yards 616 Okanagan Avenue East 9

10 Penticton, BC V2A 3K6 The Logistics Manager (or designate) is the City s only representative authorized to communicate and otherwise deal with Proponents and all Proponents must communicate and otherwise deal with that person only. Contact with any other City representative, including members of Council, officers or employees of the City regarding this RFP of a Proponent s submission may result in the Proposal being removed from consideration for this and any future competitions. Enquiries and responses will be recorded and may be distributed to all Proponents at the City s option. Questions will not be accepted or answered within 48 hours of the Closing date and time SUBMITTAL DEADLINE AND INSTRUCTIONS Delivery of Proposals to the City Logistics office located at Penticton City Yards prior to the specified date and time is solely and strictly the responsibility of the Proponent. The City shall not, under any circumstances, be responsible for delays caused by any delivery service, or for delays caused by any other occurrence. All Proposals must be manually and duly signed by an authorized corporate officer or principal(s) of the organization with the authority to bind said Proponent. Proposals must be received in a sealed envelope by 2:00 p.m. (local Penticton time) on Tuesday, March 22, 2016 at: Logistics Department City Yards 616 Okanagan Avenue East Penticton, BC V2A 3K6 Proposals and their envelopes should be clearly marked with the name and address of the Proponent and the RFP program title. 7.0 PROPOSAL PREPARATION 7.1 ALTERNATIVE SOLUTIONS If alternative solutions are offered, please submit the information in the same format, as a separate Proposal. 7.2 CHANGES TO PROPOSAL WORDING The Proponent will not change the wording of its Proposal after the submission deadline and no words or comments will be added to the Proposal unless requested by the City for purposes of clarification. 7.3 IRREVOCABILITY OF PROPOSALS By submission of a clear and detailed written notice, the Proponent may amend or withdraw its Proposal prior to the closing date and time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be successful, the Proponent will enter into a contract with the City. 10

11 7.4 PROPONENT S EXPENSE Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the City, if any. If the City elects to reject all Proposals, the City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract or any other matter whatsoever. 7.5 LIMITATION OF DAMAGES The Proponent, by submitting a Proposal, agrees that it will not claim damages, for whatever reason, relating to the RFP or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its Proposal. The Proponent, by submitting a Proposal, waives any claim for loss of profits if no agreement is made with the Proponent. 7.6 FIRM PRICING Proposals must be firm for at least 60 days after the RFP Closing Date. Prices will be firm for the entire contract period. 7.7 CURRENCY AND TAXES Prices quoted are to be: in Canadian dollars; inclusive of duty, where applicable; FOB destination, delivery charges included where applicable; and excluding applicable taxes. Proponents acknowledge that, if it is a non-resident company, payments to the Proponent, as a nonresident, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Proponent, as a non-resident, provides the City with an official letter from Canadian Customs and Revenue Agency waiving the withholding requirements, the City will withhold the taxes it determines are required under the Income Tax Act (Canada). 8.0 ADDITIONAL TERMS 8.1 SUB-CONTRACTING a. Using a Sub-contractor (who must be clearly identified in the Proposal) is acceptable. This includes a joint submission by two (2) Proponents having no formal corporate links. However, in this case, one of these Proponents must be prepared to take overall responsibility for successful interconnection of the two (2) product or service lines and this must be defined in the Proposal. b. A Sub-contractor individual or firm, whose current or past corporate or other interests may, in the City s opinion, give rise to a conflict of interest in connection with this project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Proposal. c. Any Sub-contracting of the service to any firm or individual after the award of a Contract must have prior written approval by the City. 11

12 8.2 LIABILITY FOR ERRORS While the City has used considerable efforts to ensure an accurate representation of information in this RFP, the information contained in this RFP is supplied solely as a guideline for Contractors. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve Contractors from forming their own opinions and conclusions with respect to the matters addressed in this RFP. 8.3 AGREEMENT WITH TERMS By submitting a Proposal the Contractor agrees to all the terms and conditions of this RFP. Contractors who have obtained the RFP electronically must not alter any portion of the document, with the exception of adding the information requested. To do so will invalidate the Proposal. 8.4 USE OF REQUEST FOR PROPOSALS This document, or any portion thereof, may not be used for any purpose other than the submission of Proposals. 9.0 CONDITIONS a. A qualified Proposal is one which meets the needs and specifications of the City, the terms and conditions contained in the RFP. The preferred Proposal is a qualified Proposal offering the Best Value, as determined by the City. b. The City will decide whether a Proposal is qualified by evaluating all of the Proposals based on the needs of the City, specifications, terms and conditions and price. The Evaluation Committee will examine all Proposals and recommend which Proposal is in the City s best interest. c. A Proposal which is unqualified is one that exceeds the cost expectations of the City and/or does not meet the terms and conditions contained in the RFP and/or does not meet the needs and specifications of the City. The City reserves the right to reject any or all unqualified Proposals. d. The City reserves the right to cancel this RFP at any time. e. The City recognizes that Best Value is the essential part of purchasing a product and/or service and therefore the City may prefer a Proposal with a higher price, if it offers greater value and better serves the City s interests, as determined by the City, over a Proposal with a low price. The City s decision shall be final. f. The City reserves the right to negotiate with a preferred Proponent, or any Proponent, on any details, including changes to specifications and price. If specifications require significant modification, all Proponents shall have the opportunity to adjust their Proposals or re-submit altogether, as determined by the City Logistics Department and/or department head. g. All equipment, goods and workmanship must conform to all Laws and Standards necessary for use in Canada and the Province of British Columbia. 12

13 h. The Successful Proponent, herein named the Contractor, shall guarantee that their Proposal will meet the needs of the City and that any or all items supplied and/or services rendered shall be correct. If the items supplied by the Contractor and/or the services rendered by it are in any way incorrect or unsuitable, all correction costs shall be borne solely by the Contractor. i. All proposed prices shall include delivery F.O.B. City Works yard or other destination point, as specified by the City, and the Contractor shall bear all risks of loss and/or damage. j. Where only one Proposal is received, the City reserves the right not to make public the amount of the Proposal. The amount of the Proposal will be made public if a contract is awarded. The City reserves the right to accept or reject a Proposal, where only one Proposal is received. k. The City reserves the right in its sole discretion to accept or reject all or part of any Proposal which is non-compliant with the requirements of this RFP. l. The City shall not be obligated either to accept or reject any non-compliance with the requirements of this RFP. m. Cancellation Clause: The City reserves the right to cancel the Contract Agreement for goods and/or services as outlined in this RFP, at any time, by providing 30 days written notice to the Contractor CONTRACTOR S OBLIGATIONS 10.1 REGISTRATION WITH WORKSAFE BC (WCB) The Contract may contain a provision that the Contractor and any approved Sub-contractors must be registered with WorkSafe BC (WCB), in which case WorkSafe BC (WCB) coverage must be maintained for the duration of the Contract. Prior to receiving any payment, the Contractor may be required to submit a WorkSafe BC (WCB) Clearance Letter indicating that all WCB assessments have been paid. The Contractor shall ensure compliance on their part with the Workers' Compensation Act and any regulations there under, especially provisions of said Act or of regulations under said Act having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including proper sanitation and ventilation. In any case where pursuant to the provisions of the Workers' Compensation Act, the Workers' Compensation Board orders the Contractor in respect of his operations under this Agreement, to cease operations because of failure to install or adopt safety devices or appliances directed by the order of the said Board, or required under said Act or regulations there under or because said Board is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, or because of lack of payment of an account due to the Board, the City on twenty-four (24) hours written notice to the Contractor, may terminate the Contract GOVERNING REGULATIONS The Contractor shall apply and pay for all necessary permits or licences required for the execution of the Work (but this shall include the obtaining of permanent easements or rights of servitude). The Contractor shall give all necessary notices, pay for all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of the public health. The Contractor shall be responsible for the safety of all workers and equipment on the project in accordance with all applicable safety legislation passed by Federal, Provincial and local authorities governing safety. 13

14 11.0 INSURANCE PROTECTION AND DAMAGE 11.1 GENERAL INSURANCE The Contractor shall procure and maintain, at its own expense and cost, the insurance policies listed in Section 10.2, with limits no less than those shown in the respective items, unless in connection with the performance of some particular part of the Work or Services, the City advises in writing that it has determined that the exposure to liability justifies less limits. The insurance policy or policies shall be maintained continuously from commencement of the Work or Services until total completion of the Work or Services or such longer period as may be specified by the City INSURANCE As a minimum, the Contractor shall, without limiting its obligations or liabilities under any other contract with the City, procure and maintain, at its own expense and cost, the following insurance policies: Commercial General Liability Insurance Providing for an inclusive limit of not less than $2,000,000 for each occurrence or accident; providing for all sums which the Contractor shall become legally obligated to pay for damages because of bodily injury (including death at any time resulting therefrom) sustained by any person or persons or because of damage to or destruction of property caused by an occurrence or accident arising out of or related to the Work or Services or any operations carried on in connection with this Contract; including coverage for Contractor's Protective, Personal Injury, Contingent Employer's Liability, Broad Form Property Damage, and Non-Owned Automobile Liability. Cross Liability Coverage Coverage must include a Cross Liability clause providing that the inclusion of more than one Insured shall not in any way affect the rights of any other Insured hereunder, in respect to any claim, demand, suit or judgment made against any other Insured. Fidelity Bond A commercial blanket fidelity bond covering all of the Contractor's employees in an amount not less than $10,000, requiring the completion of a personal bond application by each employee. The City shall have the right, on request, to inspect and make copies of the personal bond applications. Automobile Liability Insurance Automobile Liability Insurance covering all motor vehicles, owned, operated and used or to be used by the Contractor directly or indirectly in the performance of the Work or Services. The Limit of Liability shall not be less than $2,000,000 inclusive, for loss or damage including personal injuries and death resulting from any one accident or occurrence. Such All Risks Insurance shall be endorsed to waive all rights of subrogation against the City THE CITY NAMED AS ADDITIONAL INSURED The policies required by section 10.2 above shall provide that the City is named as an Additional Insured thereunder and that said policies are primary without any right of contribution from any insurance otherwise maintained by the City. 14

15 11.4 CONTRACTOR'S SUB-CONTRACTORS The Contractor shall require each of its S ub-contractors to provide comparable insurance to that set forth under Section CERTIFICATES OF INSURANCE The Contractor agrees to submit Certificates of Insurance, for itself and for all of its Sub-contractors to the Logistics Department of the City prior to commencing the Work or providing the Services. Such Certificates shall provide that 30 days' written notice shall be given to the City s Risk Management Department, prior to any cancellations of any such policy or policies. The Contractor agrees to notify the City of any material changes to such policy or policies OTHER INSURANCE After reviewing the Contractor's Certificates of Insurance, the City may require other insurance or alterations to any applicable insurance policies in force during the period of this Contract and will give notifications of such requirement. Where other insurances or alterations to any insurance policies in force are required by the City and result in increased insurance premium, such increased premium shall be at the Contractor s expense ADDITIONAL INSURANCE The Contractor may take out such additional insurance, as it may consider necessary and desirable. All such additional insurance shall be at no expense to the City. The Contractor shall ensure that all of its Subcontractors are informed of and comply with the City's requirements INSURANCE COMPANIES All insurance, which the Contractor is required to obtain with respect to this Contract, shall be with insurance companies registered in and licensed to underwrite such insurance in the province of British Columbia FAILURE TO PROVIDE If the Contractor fails to do all or anything which is required of it with regard to insurance, the City may do all that is necessary to effect and maintain such insurance, and any monies expended by the City shall be repayable by and recovered from the Contractor. The Contractor expressly authorizes the City to deduct from any monies owing the Contractor, any monies owing by the Contractor to the City NON-PAYMENT OF LOSSES The failure or refusal to pay losses by any insurance company providing insurance on behalf of the Contractor or any Sub-contractor shall not be held to waive or release the Contractor or Sub-contractor from any of the provisions of the Insurance Requirements or this Contract, with respect to the liability of the Contractor otherwise. Any insurance deductible maintained by the Contractor or any Subcontractor under any of the insurance policies is solely for their account and any such amount incurred by the City will be recovered from the Contractor. 15

16 11.11 AUTOMOTIVE INSURANCE A minimum of Two Million Dollars ($2,000,000) of public liability and property damage insurance shall be carried on all automotive equipment INDEMNITY The Contractor shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City, its elected officials, officers, employees and managers (collectively) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this Contract, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities. The Contractor shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this contract, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities CITY REPRESENTATIVE A City Representative will be assigned by the City to oversee the compliance of the Proposal awarded to the Contractor. In addition, the Contractor will be expected to name a counterpart Project Manager PAYMENT HOLDBACK The Contract may contain a provision whereby the City will hold back a portion of the total Contract price until the requirements of the RFP have been met SOFTWARE It is the Contractor s responsibility to ensure that the City has all licenses required to use any software that may be supplied by the Contractor pursuant to the Contract ARBITRATION All disputes arising out of or in connection with the Contract must, unless the parties otherwise agree, be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act. 16

17 SCHEDULE A 1.0 INTRODUCTION The City currently operates and patrols 5 Parking Meter/pay lots, 5 on-street pay machines, 4 scramble monthly/yearly permit lots, 1 marina boat trailer parking lot consisting of 57 spaces (see Map 2 attached), 200 double on-street Parking Meters and 58 single on-street Parking Meters. An expansion of that program in 2016 will require approximately 19 addition pay stations covering 272 new on-street parking spaces and 177 controlled parking lot spaces. Further expansion of the program in 2017 will require an additional estimated 4 machines to cover 286 parking spaces. The Contract that results from this RFP will incorporate most aspects of pay parking into the Contract including, but not limited to: sourcing and installation of new parking equipment (pay machines and smart meter heads), retrofitting and/or servicing existing equipment (pay machines and coin meter heads), monthly (scramble) parking lot management, enforcement of Event Parking, on and off street parking enforcement, collection of coin from meters and pay stations, acceptance of internet payments; collection of parking ticket revenue, dealing with customer complaints and other aspects as identified through negotiation with the City. The City will retain the following: all policy decisions, setting parking rates and fines; the right to cancel up to 20 Bylaw Offence Notices per year; temporarily remove Parking Meters for Capital Works Projects; the authority, at is sole discretion, to cancel Bylaw Offence Notices as determined by the Screening Officer; and the right to determine those days where there will be no parking enforcement, to a maximum of 6 days per calendar year. The City will consider Fee for Service with an incentive model or a revenue sharing model. Any branding will be approved, in writing, by the City. The City will maintain ownership of any customer databases, website domain names and telephone numbers, etc. 2.0 TERM OF THE CONTRACT The term is the contract is for three (3) years, commencing April 1, The City will retain the option to extend the Service Agreement for up to six (6) additional years, in three-year increments, provided both parties agree to the renewal. 3.0 RELATED INFORMATION AND 2015 STATISTICS 1. The City s current Parking Meter inventory (on and off street) includes 10 Siemens Prisma pay by plate machines, 200 double coin meters and 58 single coin meter heads (see Map 1 attached). 17

18 2. Parking rates are established through the City s Fees and Charges Bylaw and at the issuance of this RFP are set as shown below. NOTE: Rates are subject to change through business case analysis and subject to Council approval: Off street scramble lots: $30.00 a month Off Street reserved parking: $42.00 a month On street metered parking (meter heads and pay machines): o $0.10 for first 6 minutes; o $0.50 for each ½ hour up to maximum time on meter; and, o $2.00 for two hours, up to the maximum time on the meter Off street metered parking: o First hour free in downtown parking lots + $0.50 for each half hour up to the maximum time on the ticket Bylaw Offence Notices issued in The following revenue (approximates only) was collected in 2015: a. $80,000 from paid Bylaw Offence Notices/parking tickets; b. $68,000 from monthly/yearly pay parking lots; c. $70,000 from pay machines; and d. $212,000 from coin collection. Note: These figures are based on existing Parking program. It is expected that revenues will increase with the installation of expanded Parking Meters as noted below. 5. The City anticipates operational changes that will result in changes to the locations and number of stalls listed in this RFP (see Maps 4 and 5 attached). The following expansions and reductions are planned and will be included in this agreement: new pay stations along Lakeshore Drive and within parking lots on Okanagan Lake; and new on-street smart technology meter heads along Winnipeg Street and Martin Street new pay stations at Skaha Lake Park; and 21 on-street smart technology meter heads along Parkview Street. 6. The City also runs 4 monthly / yearly scramble permit parking lots which will come under the purview of the Successful Proponent. 4.0 CONTRACTOR REQUIREMENTS: By signing and submitting the Proposal Submission Form and Appendices, the Proponent hereby acknowledges the following minimum requirements which must be identified in the Proposal. 1. Commencement of Services The Contractor will fulfill all obligations of their Submission and the Contract commencing May 15, The City expects the awarded Contractor to be fully operational on this date as outlined the Proponent s Proposal. 18

19 5.0 STOREFRONT / OFFICE PRESENCE The Contractor must provide a storefront or office presence in the downtown core in a location to be approved by the City that is centrally located and easily accessible to the public. The office must be open a minimum of Monday to Friday (excluding statutory holidays) from 8:30 am to 4:30 pm with a receptionist/clerk available during these hours to accept payment of parking tickets (BONs),deal with public inquiries, customer complaints and questions related to on or off street pay parking or Bylaw Offence Notices issued by the Contractor. All complaints regarding parking and/or parking enforcement must be logged and handled in a courteous and professional manner. 6.0 NEW PARKING METERS The Contractor will be responsible to source and install Parking Meters intended to implement the expanded pay parking program at the Contractor s expense. Staff estimates an additional 19 pay stations and 30 meter heads will be required to implement the parking program expansion in 2016 and 4 additional machines in Existing parking equipment, servicing the existing pay parking areas can be utilized, refurbished or replaced. This is also to be done at the Contractor s expense. 7.0 MONTHLY/YEARLY PARKING PASSES 8.0 STAFF The Contractor will be responsible to: 1. Coordinate the sale of monthly/yearly parking passes for the monthly/yearly parking lots. 2. Manage monthly parking customers on behalf of the City including collection of revenue and deposits, issuance and revocation of permits, tracking of permits and transponders within a computerized system provided by the Contractor, and management of a waiting list for each off street pay parking lot. Databases, websites and telephone numbers will be owned by the City. 3. Provide an online portal to allow monthly parking customers to sign up for monthly permits and add names to waiting lists for individual parking lots. Databases, websites and telephone numbers will be owned by the City. The Contractor will be responsible to: 1. at their cost, arrange with the Bylaw Services Supervisor to have all enforcement staff sworn in as bylaw officers to allow for the issuance of parking related BON's on behalf of the City. In addition, the Contractor shall satisfy itself that they have the legal right to issue Bylaw Offence Notices under the Applicable Acts in the Province of BC (Community Charter). 2. maintain adequate staffing levels to enforce on-street pay parking areas for expired meters/tickets between 9:00 am to 5:00 pm Monday to Saturday (excluding statutory holidays); 3. maintain adequate staffing levels to enforce off-street pay parking lots between 9:00 am and 6:00 pm seven days a week from May through September and from 9:00 am to 5:00 pm Monday to Friday (excluding statutory holidays) from October through April; 4. provide for all staff training for all systems and equipment required to manage the parking facilities, Event Parking, Parking Meters, other zones and requirements set out in the Contract; 19

20 5. provide supervision and remuneration of all staff required to perform services under the Contract; and 6. provide uniforms, which must be approved by the City, and must be clean and in good repair at all times. 9.0 LOSS OR DAMAGE The Contractor will be responsible for: 1. in the event any meter or equipment key or keys are lost or stolen while in the care of the Contractor or Contractor s staff, the Contractor shall be solely responsible for all costs to rekey or replace locks (if required) for all meters, doors or equipment compromised by the missing keys; and 2. repair or replacement costs for any City supplied handheld hardware damaged or lost by the Contractor's staff and for any resulting revenue lost as a result thereof. Regular equipment replacement required from normal wear and tear will be the responsibility of the City MAINTENANCE The Contractor will be responsible for: 1. all First Line Maintenance including cleaning machines, replacing paper, responding to coin jams, etc. 2. responding to any operational issues, as required, between 7:00 am and 6:00 pm Monday to Friday (excluding statutory holidays). Public phone number must be answered, at a minimum, between 8:30am and 6:00 pm Monday to Friday (excluding statutory holidays). 3. maintaining and keeping in good repair all Parking Meters, parking control equipment and ticket dispensers on a preventative maintenance program; and 4. cleaning internal mechanism and replacing batteries in coin operated meters every 6 months ENFORCEMENT AND VIOLATIONS The Contractor will be responsible for: 1. enforcement of the following violations within all pay parking zones: (including but not limited to the sections below) Expired Parking Meters On-Street Overtime Parked Off Street Parking - Overtime Parked Parked Off-Street without permit Resident Only Parking (see Map 3 attached) All other traffic non-moving violations will be enforced by City of Penticton Bylaw Enforcement Officers only. 2. Issuance of Bylaw Offence Notices for violations within all on and off -street pay parking areas in the city; 20

21 printing and mailing (including postage charges) for all unpaid "Reminder" and "Final Notices" related to BON's issued by the Contractor or Contractors' staff members. The City of Penticton will be responsible to proceed to Collections for unpaid fines. 3. promptly issue Bylaw Offence Notices and contact the City s contracted towing company for any observed or reported violation that constitutes a traffic/ pedestrian hazard or obstruction. Coordination of towing will also be required for any vehicles that appear on the City s tow list for repeat offenders (3 unpaid parking violations as per City policy). A tow authorization form must be completed for each tow by the Contractor's staff and provided to the Bylaw Services Supervisor. Contractor's staff will be required to gather adequate photographic evidence to support each violation and tow, as per City policy. 4. Event Parking At the direction of the City, the Contractor will staff Event Parking including, but not limited to, daily, seasonal and special events. Notwithstanding this responsibility, the Contractor shall receive the City s approval, in writing, prior to implementing any plans REVENUE COLLECTION AND REPORTING The Contractor will be responsible for: 1. collection of coins from all Parking Meters and pay stations. Each meter will be emptied as required; 2. daily cash deposits and for supplying monthly revenue reports in a format that is approved by the City; and 3. reporting in a manner approved by the City, control and audit all financial transactions that transpire on the City's behalf including but not restricted to, actual revenue, accrued revenue, Bylaw Offence Notice revenue related to parking, fees received from cardholders or cash collected at the parking lots and Event Parking SUPPLY DATA TO THE CITY At the City s request, the Contractor will provide: 1. a data file via secure FTP transfer containing all monthly parking permit data (including but not limited to: Licence plate number, vehicle description, permit number, valid location(s), etc.), or any other parking data requested. This data will be used for auditing purposes; and 2. regular monthly reports for all operations and provide any additional information as requested by the City from time to time OPERATIONS MANUAL The Contractor will create an Operations Manual within the first year of the Contract term, which will be reviewed and approved by the City. This manual will be used for training new staff, supervisors, and management as needed, a copy of which will be provided to the City along with any updates or revisions. 21

22 15.0 MEET WITH CITY STAFF The Contractor will meet with designated City staff on an as needed basis, with regular meetings scheduled as agreed upon by the City and the Contractor EQUIPMENT AND VEHICLES The Contractor will be required to furnish: 1. all computers, computer software and hardware, transportation and communication equipment required to perform the services under the Contract; 2. all other materials and supplies, forms, passes, office furniture, office equipment, tools and equipment, ticket dispensers/ parking control equipment related to the operation of the Parking Facilities and Parking Meters. These materials must be branded to City approval; 3. all additional major equipment related to the Parking Facilities, Parking Meters, parking enforcement handhelds and all related equipment, software and hardware, Event Parking including ticket dispensers, parking control equipment, gates, signage, and barricades. The existing City Parking Equipment must be incorporated into the Parking Management Services; and 4. Vehicle(s) used by Contractor staff are to be clearly marked as City of Penticton Parking Enforcement to ensure City branding requirements are met. Other Any other parking related requirements as needed and mutually agreed upon between the City and the Contractor IMPLEMENTATION AND OPERATING PLAN The Proponent will provide a detailed plan of how the proposed Parking Management Services will be implemented. This includes all key dates such training, equipment, hardware/software that will be supplied and used by the Successful Proponent including equipment that will be supplied by the City. The proposed Implementation and Operating Plan should include, but not limited to: 1. Type of equipment to be installed and who maintains ownership. 2. Proposed location of Storefront/Office. 3. Hours of Operation. 4. Staffing and Scheduling. 5. Training Plans. 6. Payment methods including internet payment. 7. Cash management system, including forms and controls to be used for revenue control. 8. Meter coin collection procedures (including key security and audit procedures). 9. Method of data collection, storage, security and ownership. 22

23 10. Method of communications for office and field enforcement staff. 11. Proposed work plan for issuance of Bylaw Offence Notices for parking offences within all on and off street pay parking areas. 12. Transportation (proposed vehicles or alternatives used to fulfill contract) 18.0 PARKING MANAGEMENT FEES APPENDIX G 1. The Proponent shall propose a monthly parking management fee or revenue sharing model (the Services Fee) to perform the Parking Management Services. The base monthly Services Fee shall include all direct and indirect operating expenses, wages, transportation, overhead, management cost, benefits, and profit. If you are proposing a Revenue Sharing model, the revenue must be based on actual collections and not based on BONs issued. For clarification, the City considers revenue to relate to coin collection, transactions at Parking Meters, monthly/yearly pay lots and BON. 2. In addition to the Services Fee in 5.1(1.) above, the Proponent is required to submit a rate per hour per parking attendant. This rate will be used for attendants required for Event Parking, as requested by the City. This fee shall include wages, overhead, management cost, benefits, and profit and will be the only fee paid to the Contractor by the City for extra hours of operation. 3. In addition to the Services Fee in 5.1 (1.) above, the Contractor is required to submit an hourly rate per parking enforcement patroller which will be billed to the City for any additional enforcement hours of operation, as requested by the City. This fee shall include wages, overhead, management cost, benefits and profit. This will be the only fee paid to the Proponent by the City for extra hours of parking enforcement ANTICIPATED TIMEFRAMES The following outlines the anticipated schedule for the Request for Proposal and contract process. The timing and sequence of events resulting from this Request for Proposal may vary and shall ultimately be determined by the City of Penticton. Request for Proposal issued... February 29, 2016 Last date for submission questions... March 18, 2016 Request for Proposal closes... March 22, 2016 Proponents chosen for negotiation with City... March 29, 2016 Meetings set up with Proponents... March 29, 2016 Contract signed with Successful Proponent... April 8,

24 Downtown Penticton Parking Service Layer Credits: Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, ipc, NRCAN, Esri Japan, METI, Esri China (Hong Parking Free 2 hour parking Free 2 hour or resident parking Metered parking Pay parking lots Resident parking only Published on 30/03/ Meters

25 Map 2: Skaha Lake existing parking program (to continue in 2016 and expand in 2017 See Map 5)

26 Map 3: Hospital area resident-only parking (enforcement required)

27 Map 4: 2016 work plan implementation (all areas currently unmetered) 85 2 multi space paymachines 272 spaces: 15 multi-space pay machines multi space paymachine multi space paymachine Public Lots w/ Pay Machines On-street w/ meter heads On-street w/ pay machine

28 Map 5: 2017 work plan implementation (all areas currently unmetered) 3 multi space paymachines Either multi space pay-machines or meter heads multi space paymachine Phase II (c) Public Lots w/ Pay Machines On-street w/ meter heads