CORPORATION OF THE TOWN OF GANANOQUE

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1 CORPORATION OF THE TOWN OF GANANOQUE Request for Proposal for: Shuttle Services RFP NUMBER ED Sealed proposals, clearly marked TOWN OF GANANOQUE SHUTTLE SERVICES will be received by the until March 22, 2016 at 9:00 am at the Town of Gananoque, 30 King Street East, Gananoque, ON K7G 2T6 addressed to Melanie Kirkby, Treasurer. Contact Shelley Hirstwood, Economic Development Manager at for registration in the process. Any and all addendums will be ed directly to you and must be included when submitting the proposal. The reserves the right to reject any or all of the proposals.

2 NOTES TO RESPONDENT RFP NUMBER: RFP FOR: REGISTRATION: ED TOWN OF GANANOQUE SHUTTLE SERVICES Contact Shelley Hirstwood, for registration in the process. Any and all addendums will be ed directly to you and must be included when submitting the proposal. SITE VISIT: Mandatory Yes No RFP CLOSING: Date: March 22, 2016 Time: 9:00 am EST Location: 30 King Street East Gananoque, ON K7G 2T6 RFP OPENING: Date: March 22, 2016 Time: 9:00 am EST Location: 30 King Street East Gananoque, ON K7G 2T6 CONTACT FOR RFP: Shelley Hirstwood, Economic Development Manager ext.1127 or SUBMIT COMPLETED RFPS TO: PROPOSAL NUMBER ED : Shuttle Services 30 King Street East, P.O. Box 100 Gananoque, ON K7G 2T6 Attention: Melanie Kirkby, Treasurer 1

3 Table of Contents - Request for Proposal (RFP) I. GENERAL II. SCOPE OF SERVICES III. QUESTIONS CONCERNING RFP IV. PRE-SUBMISSION TOUR/MEETING V. SUBMITTING PROPOSALS a. General Information and Deadline... 4 b. Professional Fees Document... 4 c. Expense of Submittal Preparation... 4 VI. DESCRIPTION OF PROCUREMENT PROCESS... 5 a. Town Rights and Options... 5 b. Information Disclosure to Third Parties... 5 VII. REVIEW/EVALUATION VIII. PROVISIONS OF THE AGREEMENT IX. OPERATOR RESPONSIBILITIES.7 X. FREEDOM OF INFORMATION.. XI. SCHEDULES

4 I. GENERAL The (hereinafter referred to as the Town ) is issuing this Request for Proposal (RFP) to solicit services as per Schedule A attached. All Bidders are expected to understand the scope of work and the site conditions and to have thoroughly familiarized themselves with all pertinent conditions before delivery of their Proposal. This request is issued in accordance with the provisions of the laws of Canada and Ontario, invites qualified firms to submit Proposals to provide the services described. Subject to approval by the Town, the initial contract term under consideration is presumed complete upon completion of services as per the contract. II. SCOPE OF SERVICES See Schedule A for an outline of Scope of Services. III. QUESTIONS CONCERNING RFP Only questions received by the Town in writing will be acknowledged. No interpretation or clarification of the meaning of any part of this RFP will be made orally to any respondent. If any respondent has questions concerning the proposed project, finds discrepancies or omissions in the solicitation document or otherwise requires clarification, such matters should be submitted in writing to the Contact of Proposal named on the NOTES TO RESPONDENT at least five (5) business days prior to the Proposal due date noted on the cover page. All correspondence shall be ed to the individual named on the NOTES TO RESPONDENT. All addenda to supplement the RFP, will be ed no later than four (4) business days prior to the Proposal due date. Contact with officials other than the Contact of Proposal or his/her designate on the NOTES TO RESPONDENT, is not allowed and will be considered as grounds for disqualification from the selection process. 3

5 IV. PRE-SUBMISSION TOUR/MEETING If there is a mandatory pre-submission tour/meeting it will be described on the NOTES TO RESPONDENT. V. PREPARATION AND SUBMISSION OF PROPOSALS a. General Information and Deadline Respondents are requested to submit one (1) digital and two (2) hardcopies of the Proposal to the individual named under SUBMIT COMPLETED PROPOSALS TO in the NOTES TO RESPONDENT. Bidders must acknowledge the addendum(s) issued by including all addendum(s) to the submission of proposal. Late Proposals will not be accepted and will be returned to the originator unopened. The terms and conditions of this RFP offer shall remain firm and open for acceptance by the Town for a period of ninety (90) days. The Bidder must agree to abide by all the clauses and conditions laid out in the Terms and Conditions of the RFP. Respondents are required to organize the information requested in this RFP in accordance with the format outlined. Failure by the respondent to organize the information required by this RFP as outlined may result in the Town, at its sole discretion, disqualifying the respondent from further consideration. Information Required i. Company Information ii. Company Profile and Relevant Experience iii. Number of Drivers and Qualifications iv. Description of Vehicle a. Year, Make and Model b. Passenger occupancy c. Odometer reading d. Accessibility features e. Images of vehicle f. Confirmation of air conditioning g. Identify any additional features of interest (ie. Video) v. Identify replacement vehicle in the event of mechanical failure or out-ofservice issues vi. References vii. Statement of insurance compliance 4

6 b. Professional Fees Document A separately sealed Professional Fees Document must be provided, and include, at a minimum, the following: i. Fee summary and/or Breakdown of Costs; ii. Proposed price adjustments (if any); iii. Terms and conditions (if any); iv. HST as applicable will be shown separately. c. Expense of Submittal Preparation The Town accepts no liability for the costs and expenses incurred by the respondents in responding to this RFP, preparing responses for clarification, attending site meetings/ interviews, or participating in contract development sessions or meetings and presentations required for the contract approval process. Each respondent that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that they cannot make any claims whatsoever for reimbursement from the Town for the costs and expenses associated with the procurement process. d. Withdrawal The RFP submission may be withdrawn at any time prior to the closing date and time at the Bidders discretion. Withdrawal notification must be in written form, signed and must be submitted to the Town. No Facsimile, telephone calls or s will be accepted. After the official closing date and time, all RFP submissions received shall be irrevocable. VI. DESCRIPTION OF PROCUREMENT PROCESS Town Rights and Options - The Town, in its sole discretion, reserves the following rights: i. Supplement, add to, delete from or change this solicitation document; ii. Determine which respondent, if any, should be selected for negotiations; iii. Reject any or all Proposals or information received pursuant to this RFP; iv. Cancel this RFP at anytime, with or without the substitution of another RFP; v. Request additional data or information after the submittal date, if such data or information is considered pertinent to aid the review and selection process; vi. Conduct investigations with respect to the qualifications and experience of each respondent. This includes investigating references that may not be listed in the proposal; vii. Take any action affecting the RFP or the services or facilities subject to this RFP that would be in the best interests of the Town; 5

7 viii. Require one or more respondents to supplement, clarify or provide additional information in order for the Town to evaluate the Proposals submitted. VII. REVIEW/EVALUATION a. The will evaluate the proposals based on presentation (5%), respondent qualifications (15%), relevant experience (15%), description of vehicle (15%), pricing and references (50%). b. Upon selection of the finalist, the Town may, if necessary, begin scope clarifications, draft contract revisions, and final price negotiations in order to comply with the budget set out for this activity. Should the negotiations fail to result in an executed contract with the preferred respondent, the Town of Gananoque may, in its sole discretion, elect to terminate negotiations with the preferred respondent and begin negotiations with the second most preferred respondent (and so on) or cancel the procurement process. c. Prior to commencing any work, the successful respondent will be required to enter into a contract with the Town, the form of the contract as per Section VIII. Price adjustments to reflect process and/or scope modifications may be negotiated after selection by the Town. A sample of the Town s contract is available on the Town s website under Proposals and RFP s. d. The reserves the right to cancel this RFP at anytime for any reason, prior to an official contract/agreement being signed VIII. PROVISIONS OF THE AGREEMENT a. The acceptance and award of a Proposal will be subject to the approval of the Council for the Corporation of the. b. A sample contract agreement form, which the successful proposal shall execute upon award as per Schedule B. c. The Contractor is required to provide WSIB clearance certificate with the proposal. The successful contactor is required to provide the WSIB clearance certificate every three (3) months. The successful contractor shall also submit an Insurance Certificate confirming the contractor s General Liability and Vehicle Insurance Coverage. d. All work to be performed to applicable OPSS standards. e. The contractor is responsible for obtaining all required locates and approvals prior to commencing work. 6

8 f. The contractor shall comply with the Regulations set out in the Ontario Occupational Health & Safety Act, Workplace Safety & Insurance Act, Highway Traffic Act, s Safety Policy & Procedures and all other applicable bodies. g. The Contractor shall obey all Federal, Provincial and Municipal Laws, Acts, Ordinances, Regulations, Order-In-Council and By-laws which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor h. The Contractor and its employees are required to provide to the Town of Gananoque a Criminal Record Reference Background Check, if requested. i. The Contractor shall not sub-let or assign any work under the Agreement without prior written consent from the Town. j. If, in the absolute discretion of the Town, the Contractor is not performing work in a suitable manner and in accordance with the terms of this Agreement, it may dismiss the Contractor upon giving them 45 days notice in writing. k. The validity and interpretation of this contract and of each clause and part thereof shall be governed by the laws of the Province of Ontario. l. The Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Accessibility Standard for Customer Service (ASCS) and the Integrated Accessibility Standards Regulation (IASR) requires all contractors and their employees who provide goods, services or facilities on behalf of the receive training on these standards and on the Human Rights Code as they pertain to persons with disabilities. Contractors must keep records of all training, including dates when training was provided, the number of employees who received training and individual training records for their business. Contractors are required to make this information available to the Town and/or the Province upon request. IX. OPERATOR RESPONSIBILITIES IX.A The Operator shall at their own expense within 10 days of notification of acceptance and prior to the commencement of work, obtain and maintain until the termination of the contract or otherwise stated, provide the Town with evidence of: i) Commercial General Liability issued on an occurrence basis for an amount of not less than $5,000,000 per occurrence / Annual Aggregate for any negligent act or omissions by the operator relating to their obligations under this Agreement. Such insurance shall include but not be limited to bodily injury including death property damage including loss of use; personal injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; broad form completed operations; owners & contractors protective; 7

9 occurrence property damage; products; employees as Additional Insured(s); contingent employers liability; incidental medical malpractice; intentional bodily injury; tenants legal liability; cross liability and severability of interest clause Such insurance shall add the Corporation of the as Additional Insured with respect to the operations of the contractor. This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the Town. The operator shall be responsible for any and all deductibles. ii) Automobile Transit insurance all inclusive with five million dollars ($5,000,000.00) Third Party Liability for loss or damage resulting in bodily injury including death, property damage and passenger hazard for all vehicles used in performance of this service. The policy shall be endorsed to include OPCF#6A Permission to Carry Passengers and OPCF#22 - $5,000. Limit covering damage to passenger s goods. It is the responsibility of the operator to effect physical damage on the vehicle and the Town shall not be liable for damage to the vehicle nor any deductible that may apply. iii) The Insurance shall be placed with an Insurer satisfactory to the Town, licensed in the Province of Ontario and have a AM Best rating of not less than A-. The above noted policies shall provide a thirty (30) days written notice to the Town by the Insurer for cancellation or material change in cover. iv) The Operator shall ensure that the Town is provided with a current certificate of insurance for all insurance policies prior to commencement of work. Proof of renewed insurance shall be filed with the Town thirty (30) days before termination of the existing insurance. IX.B The operator shall save harmless and fully indemnify the Town, its employees, agents, representatives or those whom the contract is liable from and against all claims and demands which may be brought against or made upon the Town and against all loss, liabilities, judgments, costs, damages, or expenses which the Town may sustain, suffer, or be put unto, resulting from, arising from or in any way incidental, occasioned wholly or in part by any negligent act or omission whether willful or otherwise to operating the transit system or maintenance and repair of the transit vehicles or in growing out of or arising from any act or deed, or any omission to act of the Operator, its contractor or subcontractor or any servant or operator or employee. It is agreed that the responsibility of the Operator for its employees, agents or representatives is to be complete and absolute 8

10 notwithstanding any instructions or the absence of any instructions given by the Town s employees; X. FREEDOM OF INFORMATION The person submitting this RFP acknowledges the RFP is a public document and that the information contained in the RFP may become public and consents to the release of that information. By responding to this RFP, respondents waive any challenge to the Town s decision in this regard. XI. SCHEDULES a. SCHEDULE A Scope of Services 9

11 SCHEDULE A SCOPE OF SERVICES In 2014, the Town initiated a pilot project to operate a parking shuttle service with the intention of alleviating parking congestion at the waterfront area. The Town has committed to continuing the shuttle service in The Town is seeking proposals for a shuttle service based on the following criteria: The contracted service will provide a shuttle service. The service will operate for the following dates: o June 29, September 5, 2016 inclusive (69 days of service) The service will operate between the hours of: Monday Thursday Friday Sunday (Total of 68 hrs/wk) 8:00 am 4:00 pm 8:00 am 8:00 pm The shuttle routes are tentatively designated as identified below: Any proposed route variations must be noted in the RFP. Waterfront Express Route Designated Offsite Parking 100 Park Street Beside the Visitor Centre Municipal Marina Water Street In Front of Customs Dock 85 Stone Street South Extended Route Designated Offsite Parking 100 Park Street Beside the Visitor Centre Water Street In Front of Customs Dock 185 South Street, Playhouse 787 King Street East, TIAP Visitor Centre 380 Hwy 2, OLG The service must operate on a continuous cycle The operator will agree to the operator responsibilities as described in section IX. 10

12 The operator will be expected to provide the vehicle, drivers, insurance, fuel and other related expenses. The fee summary should provide a breakdown of the expenses. The Town is seeking to contract the services for the 2016 summer season. The operator will communicate with the Town to inform them of general usage, peak hours and be willing to adjust the route as deemed necessary. The Town will provide maps and signage to support the initiative. 11

13 SCHEDULE B AGREEMENT CORPORATION OF THE TOWN OF GANANOQUE AGREEMENT BETWEEN: AND: The Corporation of the (Hereinafter referred to as the Town ) OF THE FIRST PART xxxxxx (Hereinafter referred to as the Proponent ) OF THE SECOND PART WHEREAS authority is given under the Municipal Act for the Council of the Town of Gananoque to engage in contracts for the purpose of providing services; AND WHEREAS the Council of the Corporation of the is desirous of engaging XXXXXXX to undertake the supply and installation of the XXXXXXXXXXXXXX; NOW THEREFORE the Town and the Proponent hereby agree to the following terms and conditions: 1. The Proponent will provide the services/scope and undertake the work as set out in the Request for Proposals for the project (attached hereto as Schedule A ) and as described in the proposal submitted by the Proponent and dated XXXX (attached hereto as Schedule B ), all documents forming part of this Agreement. 2. The Proponent represents and warrants that the performance of this Agreement will not conflict with any other contract to which it is bound and, while performing this Agreement it will not engage in any services or employment or enter into any agreement in conflict with this Agreement. The Proponent agrees to disclose potential conflicts of interest that may arise during the term of this Agreement. 3. The Proponent shall not assign or sublet the whole or any part of this Agreement without the prior written consent of the Town, unless the use of subcontractors 12

14 is expressly stated in the proposal submitted by the Proponent and accepted by the Town. 4. The Proponent acknowledges that while performing the services under this Agreement, that it is not an employee of the, and as such shall be responsible for the payment of all expenses required by law, including, but not necessarily limited to, Employment Insurance premiums, Income Tax, Canada Pension Plan contributions, etc., failing which the Proponent shall reimburse the Town for any expenses it may have to pay as a result of the Proponent neglecting to do so. 5. The Town agrees to pay the Proponent the professional fees and associated disbursements for the supply and installation of water service to an upset limit of $XXX exclusive of HST. Any additional expenditures or disbursements shall not be incurred without the prior expressed written approval of the Town. Disbursements will be charged as per the actual costs incurred. 6. The Proponent will invoice the Town for work that has been completed at key intervals as determined by the parties. Such invoices shall include a detailed description of the tasks included therein, in conformity with the approved work plan, and shall contain a list of the disbursements and applicable taxes. The Town hereby agrees to pay the invoices in a timely fashion. 7. In the event of any dispute with respect to the payment of the invoices which cannot otherwise be resolved between the Proponent and the Town, the Proponent and the Town hereby agree to submit the matter to an impartial arbitrator under the Arbitrations Act, whose decision shall be final and binding. In the event that a matter is referred to an arbiter under this Article, the parties agree to equally share the cost of the arbiter and any related expenses. 8. The Proponent will cooperate with the Town s auditor with respect to any financial matters involving business between the Proponent and the Town. 9. The Proponent shall, at all times during the term of this Agreement, comply with the insurance requirements as laid out in the Request for Proposal, with the Town as a named insured. A copy of the insurance policy shall be filed with the Town upon the commencement of the Agreement and the Town shall be advised 13

15 immediately of any change in status in the insurance coverage required pursuant to this Article. The Proponent shall file a current W.S.I.B certificate with the Town upon the commencement of the Agreement. 10. The Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Accessibility Standard for Customer Service (ASCS) and the Integrated Accessibility Standards Regulation (IASR) requires all contractors and their employees who provide goods, services or facilities on behalf of the receive training on these standards and on the Human Rights Code as they pertain to persons with disabilities. Contractors must keep records of all training, including dates when training was provided, the number of employees who received training and individual training records for their business. Contractors are required to make this information available to the Town and/or the Province upon request. 11. All information collected by the Proponent in the performance of the services described herein shall be considered to be the property of the Town and shall be surrendered to the Town immediately upon request for same. It is understood that in the collection of any information, that the Proponent will have proper regard for the Municipal Freedom of Information and Protection of Privacy Act, and that the disclosure of any information collected will be pursuant to the requirements of the legislation as embodied in the procedures set out by the Town. 12. This Agreement shall be effective from the date of its signing thereof and the terms of this Agreement shall remain in force and effect until the project is completed, unless otherwise amended in writing and agreed to by both the Town and the Proponent. 13. This Agreement shall be subject to the applicable laws of Canada and Ontario. THE CORPORATION OF THE TOWN OF GANANOQUE Erika Demchuk, Mayor 14

16 Kelly Shipclark, Clerk PROPONENT I/We have the authority to bind the Corporation 15

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