REQUEST FOR PROPOSALS Title: Pay Station Parking System Reference No.: 1220-30-12-09 FOR SUPPLY & INSTALLATION TABLE OF CONTENTS 1. INTRODUCTION ................................................................................................................. 1 1.1 1.2 2. INSTRUCTIONS TO PROPONENTS .................................................................................. 2 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 3. Package ...................................................................................................................... 4 Form of Proposal ......................................................................................................... 4 Signature ..................................................................................................................... 4 EVALUATION AND SELECTION ....................................................................................... 5 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 5. Closing Time and Address For Proposal Delivery ........................................................ 2 Information Meeting ..................................................................................................... 2 Number of Copies........................................................................................................ 2 Late Proposals............................................................................................................. 2 Amendments to Proposals ........................................................................................... 2 Inquiries ....................................................................................................................... 3 Addenda ...................................................................................................................... 3 Examination of Contract Documents and Site .............................................................. 3 Opening of Proposals .................................................................................................. 4 Status Inquiries ............................................................................................................ 4 PROPOSAL SUBMISSION FORM AND CONTENTS ........................................................ 4 3.1 3.2 3.3 4. Purpose ....................................................................................................................... 1 Definitions.................................................................................................................... 1 Evaluation Team.......................................................................................................... 5 Evaluation Criteria ....................................................................................................... 5 Discrepancies in Proponent's Financial Proposal......................................................... 5 Litigation ...................................................................................................................... 6 Additional Information .................................................................................................. 6 Interviews .................................................................................................................... 6 Multiple Preferred Proponents ..................................................................................... 6 Negotiation of Contract and Award .............................................................................. 7 GENERAL CONDITIONS ................................................................................................... 7 5.1 5.2 5.3 5.4 5.5 5.6 No City Obligation ........................................................................................................ 7 Proponent’s Expenses ................................................................................................. 7 No Contract ................................................................................................................. 7 Conflict of Interest ........................................................................................................ 8 Solicitation of Council Members and City Staff............................................................. 8 Confidentiality .............................................................................................................. 8 SCHEDULE A SCHEDULE B SCHEDULE C SERVICES REQUIRED CONTRACT FORM OF PROPOSAL REQUEST FOR PROPOSALS 1. INTRODUCTION 1.1 Purpose The purpose of this RFP is to select a service provider (or service providers) to provide the goods and perform the services (“Services”) described in Schedule A. 1.2 Definitions In this RFP the following definitions shall apply: “City” means the City of Surrey; “City Representative” has the meaning set out in section 2.6; “City Website” means www.surrey.ca; “Closing Time” has the meaning set out in section 2.1; “Contract” means a formal written contract between the City and a Preferred Proponent to undertake the Services, the preferred form of which is attached as Schedule B; “Evaluation Team” means the team appointed by the City; “Information Meeting” has the meaning set out in section 2.2; “Preferred Proponent(s)” means the Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract; “Proponent” means an entity that submits a Proposal; “Proposal” means a proposal submitted in response to this RFP; “RFP” means this Request for Proposals; “Services” has the meaning set out in Schedule A; “Site” means the place or places where the Services are to be performed; and “Statement of Departures” means Schedule C-1 to the form of Proposal attached as Schedule C. RFP No. 1220-30-12-09 Page 1 of 57 2. INSTRUCTIONS TO PROPONENTS 2.1 Closing Time and Address for Proposal Delivery Proposals must be received: by the office of: Violet McGregor, Manager, Purchasing & Payments at Address: 6645 – 148 Street Surrey, BC V3S 3C7 on or before the following date and time (the “Closing Time”): Time: 3:00 pm local time Date: May 25, 2009. Submissions by fax [or email] will not be accepted. 2.2 Information Meeting An information meeting may be hosted by the City Representative to discuss the City’s requirements under this RFP (the “Information Meeting”). While attendance is at the discretion of Proponents, Proponents who do not attend will be deemed to have attended the Information Meeting and to have received all of the information given at the Information Meeting. At the time of issuance of this RFP a meeting has not been scheduled. 2.3 Number of Copies Proponents should submit the original plus 3 hard copies (4 in total) of their Proposals. The original Proposal should be unbound. 2.4 Late Proposals Proposals received after the Closing Time will not be accepted or considered. Delays caused by any delivery, courier or mail service(s) will not be grounds for an extension of the Closing Time. 2.5 Amendments to Proposals Proposals may be revised by written amendment, delivered to the location set out above, at any time before the Closing Time but not after. An amendment must be signed by an authorized signatory of the Proponent in the same manner as provided by section 3.3. Fax amendments are permitted, but such fax may show only the change to the proposal price(s) and in no event disclose the actual proposal price(s). A Proponent bears RFP No. 1220-30-12-09 Page 2 of 57 all risk that the City’s fax equipment functions properly so as to facilitate timely delivery of any fax amendment. 2.6 Inquiries All inquiries related to this RFP should be directed in writing to the person named below (the “City Representative”). Information obtained from any person or source other than the City Representative may not be relied upon. Violet McGregor, Manager, Purchasing & Payments Address: 6645 – 148 Street, Surrey, BC V3S 3C7 Phone: 604-590-7274 Fax: 604-599-0956 Email: purchasing@surrey.ca Inquiries should be made no later than 7 days before Closing Time. The City reserves the right not to respond to inquiries made within 7 days of the Closing Time. Inquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the City. Proponents finding discrepancies or omissions in the Contract or RFP, or having doubts as to the meaning or intent of any provision, should immediately notify the City Representative. If the City determines that an amendment is required to this RFP, the City Representative will issue an addendum in accordance with section 2.7. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent. 2.7 Addenda If the City determines that an amendment is required to this RFP, the City Representative will post a written addendum on the City Website that will form part of this RFP. No amendment of any kind to the RFP is effective unless it is posted in a formal written addendum on the City Website. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City Website. 2.8 Examination of Contract Documents and Site Proponents will be deemed to have carefully examined the RFP, including all attached Schedules, the Contract and the Site (as applicable) prior to preparing and submitting a Proposal with respect to any and all facts which may influence a Proposal. RFP No. 1220-30-12-09 Page 3 of 50 2.9 Opening of Proposals The City intends to open Proposals in private but reserves the right to open Proposals in public at its sole discretion. 2.10 Status Inquiries All inquiries related to the status of this RFP, including whether or not a Contract has been awarded, should be directed to the City Website and not to the City Representative. 3. PROPOSAL SUBMISSION FORM AND CONTENTS 3.1 Package Proposals should be in a sealed package, marked on the outside with the Proponent's name, title of the Project and reference number. 3.2 Form of Proposal Proponents should complete the form of Proposal attached as Schedule C, including Schedules C-1 to C-5. Proponents are encouraged to respond to the items listed in Schedules C-1 to C-5 in the order listed. Proponents are encouraged to use the forms provided and attach additional pages as necessary. 3.3 Signature The legal name of the person or firm submitting the Proposal should be inserted in Schedule C. The Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the following: (a) If the Proponent is a corporation then the full name of the corporation should be included, together with the names of authorized signatories. The Proposal should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted; (b) If the Proponent is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venturer should be included, and each partner or joint venturer should sign personally (or, if one or more person(s) have signing authority for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint venturer is a corporation then such corporation should sign as indicated in subsection (a) above; or (c) If the Proponent is an individual, including a sole proprietorship, the name of the individual should be included. RFP No. 1220-30-12-09 Page 4 of 50 4. EVALUATION AND SELECTION 4.1 Evaluation Team The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team may consult with others including City staff members, third party consultants and references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or Preferred Proponents to the City. 4.2 Evaluation Criteria The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength and ability to provide the Services in order to determine the Proposal which is most advantageous to the City, using the following criteria: (a) Experience, Reputation and Resources The Evaluation Team will consider the Proponent's responses to items (i) to (xi) in C-2 of Schedule C. (b) Technical The Evaluation Team will consider the Proponent's responses to items (i) to (ix) in C-3 of Schedule C. (c) Financial The Evaluation Team will consider the Proponent's response to C-5 of Schedule C. (d) Statement of Departures The Evaluation Team will consider the Proponent's response to C-1 of Schedule C. The Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent's Proposal to another Proponent's Proposal. All criteria considered will be applied evenly and fairly to all Proposals. 4.3 Discrepancies in Proponent's Financial Proposal If there are any obvious discrepancies, errors or omissions in Schedule C-5 of a Proposal (Proponent's Financial Proposal), then the City shall be entitled to make obvious corrections, but only if, and to the extent, the corrections are apparent from the Proposal as submitted, and in particular: RFP No. 1220-30-12-09 Page 5 of 50 4.4 (a) if there is a discrepancy between a unit price and the extended total, then the unit prices shall be deemed to be correct, and corresponding corrections will be made to the extended totals; (b) if a unit price has been given but the corresponding extended total has been omitted, then the extended total will be calculated from the unit price and the estimated quantity; (c) if an extended total has been given but the corresponding unit price has been omitted, then the unit price will be calculated from the extended total and the estimated quantity. Litigation In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. In determining whether or not to reject a Proposal under this section, the City will consider whether the litigation is likely to affect the Proponent’s ability to work with the City, its consultants and representatives and whether the City’s experience with the Proponent indicates that there is a risk the City will incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent. 4.5 Additional Information The Evaluation Team may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only selected Proponents. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal. 4.6 Interviews The Evaluation Team may, at its discretion, invite some or all of the Proponents to appear before the Evaluation Team to provide clarifications of their Proposals. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating Proposals. 4.7 Multiple Preferred Proponents The City reserves the right and discretion to divide up the Services, either by scope, geographic area, or other basis as the City may decide, and to select one or more Preferred Proponents to enter into discussions with the City for one or more Contracts to perform a portion or portions of the Services. If the City exercises its discretion to divide up the Services, the City will do so reasonably having regard for the RFP and the basis of Proposals. RFP No. 1220-30-12-09 Page 6 of 50 In addition to any other provision of this RFP, Proposals may be evaluated on the basis of advantages and disadvantages to the City that might result or be achieved from the City dividing up the Services and entering into one or more Contracts with one or more Proponents. 4.8 Negotiation of Contract and Award If the City selects a Preferred Proponent or Preferred Proponents, then it may: (a) enter into a Contract with the Preferred Proponent(s); or (b) enter into discussions with the Preferred Proponent(s) to clarify any outstanding issues and attempt to finalize the terms of the Contract(s), including financial terms. If discussions are successful, the City and the Preferred Proponent(s) will finalize the Contract(s); or (c) if at any time the City reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP and retain or obtain the Services in some other manner. 5. GENERAL CONDITIONS 5.1 No City Obligation This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete right to at any time reject all Proposals, and to terminate this RFP process. 5.2 Proponent’s Expenses Proponents are solely responsible for their own expenses in preparing, and submitting Proposals, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this RFP. The City and its representatives, agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP. 5.3 No Contract By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly agree that no contract of any kind is formed under, or arises from, this RFP, prior to the signing of a formal written Contract. RFP No. 1220-30-12-09 Page 7 of 50 5.4 Conflict of Interest A Proponent shall disclose in its Proposal any actual or potential conflicts of interest and existing business relationships it may have with the City, its elected or appointed officials or employees. The City may rely on such disclosure. 5.5 Solicitation of Council Members and City Staff Proponents and their agents will not contact any member of the City Council or City staff with respect to this RFP, other than the City Representative named in section 2.6, at any time prior to the award of a contract or the cancellation of this RFP. 5.6 Confidentiality All submissions become the property of the City and will not be returned to the Proponent. All submissions will be held in confidence by the City unless otherwise required by law. Proponents should be aware the City is a “public body” defined by and subject to the Freedom of Information and Protection of Privacy Act of British Columbia. RFP No. 1220-30-12-09 Page 8 of 50 SCHEDULE A – SERVICES REQUIRED 1.1 INTRODUCTION The City of Surrey is seeking Proposals from qualified parking equipment Proponents to supply, install, integrate, and commission a pay station parking system that includes field hardware, Central Management System hardware and appropriate application software as well as communications capabilities. The Proponent will have a proven track record and provide a flexible product that will improve current customer service, and assist with the management and operations of pay parking in the City. 1.2 BACKGROUND The City of Surrey operates approximately 200 on-street paid parking spaces that are controlled by meters that accept coins. Plans to increase the number of parking spaces have been developed that would increase this to about 300 and with increasing land use densities the demand for increased regulation of on-street parking is expected. Meters are in effect from Monday to Sunday from 8:00 a.m. to 11:00 p.m. The City of Surrey completed a Strategic Transportation Plan in 2008 which is available for review at the City’s website. Contained within this Plan is the importance of on-street parking control and management as a means of contributing to an improved transportation system. The existing on-street pay parking areas are limited and dispersed, although in some areas significant demand has been noted. The existing systems have been effective but equipment is aging and recently has been subject to increasing levels of theft. To overcome the current difficulties the City of Surrey, has determined that the pay station technology will provide a higher level of customer service and reduce the extent of the current difficulties. 1.3 OBJECTIVE The objective of this Request for Proposals (RFP) is to identify a preferred system to replace the current parking meters used by the City. The City’s expectations with the installation of pay stations are (but not limited to): Improved Customer Service Users may purchase time from any pay station, or possibly by phone Users will have payment options Users will not have to return to their vehicle RFP No. 1220-30-12-09 Page 9 of 50 Revenue Increases A range of payment options should increase compliance levels Since payment can be made at another pay station or by phone, malfunctioning equipment is expected to be less of a problem. Audit controls for cash flow and revenue collection will be enhanced. Management & Operations Rates and operational schedules can be preprogrammed more easily Reports can be prepared on a regular basis to address City issues. The City is requesting Proposals for a “turn-key” solution for which the Proponent will be responsible for the provision of all hardware, software and applications, all aspects of the system design, implementation, installation, signage, training and maintenance. This “turn-key” solution is not intended to restrict creativity to propose a system (or systems) to address the needs of the City SECTION 2 – GENERAL TECHNICAL SPECIFICATION The City’s preferred technical system requirements are briefly described in the following sections. All hardware and software proposed to be new, production based equipment and not equipment currently in the development stage. 2.1 GENERAL CONDITIONS 2.1.1 The pay station parking system to be capable of accepting payment for parking on City of Surrey streets, surface lots and parkades. Payment options shall include credit cards and stored value cards with refund capabilities. 2.1.2 The pay station to provide a user friendly interface with the minum of interactive keystrokes or button activation on the part of the user. 2.1.3 The pay station to be modular in design and provide for fast easy exchange of internal components. 2.1.4 The pay station to be fully self-contained, including the ability to support all electronic functions through an integrated solar power system. This RFP considers solar power as a base condition; however, the Proponent to provide sufficient detail to demonstrate that the power system will work effectively under cold and damp conditions typical of a west coast environment. The operating conditions of an AC power system to be provided and compared with solar/battery systems. 2.1.5 The parking system to be able to process customer transactions, monitor equipment subsystems, maintain and transmit transaction/system data, transmit RFP No. 1220-30-12-09 Page 10 of 50 component malfunction or alarms and communicate through a Central Management System. 2.2 2.3 2.4 2.1.6 The successful Proponent to be expected at each pay station location to supply and install secure vandal proof signage to provide adequate instructional and/or parking rate information. 2.1.7 The Central Management System may be desktop, laptop or web based and all functions to be provided through intuitive, easy to use software applications. The City requires that the Central Management System, including the movement and review of credit card transactions, operates independently of any other City managed computer network. PHYSICAL REQUIREMENTS 2.2.1 The pay stations to be fabricated to a standard that reduces the impact of vandalism or attempted theft, with protected access points, high security locking mechanisms and completely protected from the ingress of moisture or other environmental contaminants. 2.2.2 All electronic and mechanical components to be environmentally sealed, protected against the ingress of moisture, dust, fumes, temperature extremes and vibration. 2.2.3 All components to be modular, easy to identify and remove with common tools, secured, and connected with identifiable harnesses and plugs. CONSUMER INTERFACE 2.3.1 Consumers will interact or interface with the pay station through a system of visible instructions and the use of a full alphanumeric keypad, touch screens, or any other method that provides a quick, convenient method of purchasing a receipt/ticket and entering North American license plates. 2.3.2 The pay station to be provided with an interactive LCD, or other form of visual display screen that will be used to convey programmable messages and information to the consumer. 2.3.3 The screen display to be a high resolution display clearly visible during all day and night time conditions. The text and graphics, as well as the background and colours and size of the text to all be programmable by the City. 2.3.4 The screen display and the instructional panel to be protected from external damage or interference and to be modular in nature providing an easily changeable components. PAYMENT METHODS The pay station system to operate utilizing the following methods of payment: RFP No. 1220-30-12-09 Page 11 of 50 2.5 2.6 2.7 2.4.1 Credit Cards: The system to, at a minimum, meet PCI requirements, accept Visa, MasterCard and American Express credit cards. If required the meter shall accept other popular credit cards without modification being required to the pay station. 2.4.2 Stored Value Cards: The system to accept reloadable type GPM416 and GPM896 or compatible stored value cards with refund capabilities. The Proponent to include provisions for the future implementation of ISO 14443 contactless stored value proximity cards. The Proponent will provide the City with mapping codes to stored value cards at no additional cost to the City. Preference may be given to Proponents that use a single card slot for both credit and stored value cards. 2.4.3 Future: The Proponent to be able to provide assurance and documentation that future capability of accepting debit cards SMS, EMV and proximity card payment methods. 2.4.4 Other Payment Methods: The parking system to be able to accept payments directly from a cellular phone network. CARD READER SYSTEM 2.5.1 The card reader to be an insertion type reader, with preference given to systems that utilize a single slot to read both credit and stored value card. At a minimum the system to be capable of processing general use credit cards. 2.5.2 Credit card transactions are expected to be processed in real time, except during times of a communications failure, at which time they will be batched and then automatically transmitted when communications are restored. 2.5.3 The card reader system, all hardware and software components integrated within the parking equipment system to be compliant with the standards set forth by the payment card Industry. TICKET ISSUANCE 2.6.1 The pay station to be capable of being programmed by the City to issue a ticket or receipt either automatically or on demand. 2.6.2 The receipt/ticket to contain text and formats that are fully programmable by the City. 2.6.3 The paper stock to be suitable for West Coast climates, with the preference being that paper stock be environmentally friendly and may be purchased independent of the equipment manufacturer or their distributors. CENTRAL MANAGEMENT SYSTEM 2.7.1 The parking equipment system to be fully programmable by City staff and to be able to communicate in order to transfer data or program configurations. The RFP No. 1220-30-12-09 Page 12 of 50 Central Management software may be installed on an independent desktop, networked or web-based system and allow a minimum of six levels of security. 2.8 2.9 2.10 2.7.2 The Central Management software to be intuitive and easy to use, menu driven through a Graphical User Interface (GUI), for the general user, with preference given to desktop units using Microsoft Windows Vista. 2.7.3 The Central Management System to be capable of running concurrently all required software packages with other programs under control of the operating system. 2.7.4 The Central Management System to be expected to operate in real time and following a communications failure be able to poll and collect data from all pay stations. REPORTING, MONITORING & ALARMS 2.8.1 The parking equipment to have the capability to generate specific City defined reports either at the pay station, on a remote PDA, or through the Central Management software. 2.8.2 The Central Management System to be capable of providing a range of standard financial and statistical reports, as well as the ability to create personalized City defined reports. The System to be capable of saving reports in a variety of formats including, at a minimum, Microsoft Excel. 2.8.3 The Central Management System to be capable of monitoring the operational and component condition of all of the pay stations in real time, and to be able to transmit conditional alarms to a cell phone, pagers or other remote devices. COMMUNICATIONS 2.9.1 The parking equipment to provide two-way wireless communications at the pay station, on a remote PDA, or through the Central Management software. 2.9.2 The parking equipment system to work in a GSM (GPRS 850 &1900 band) or CDMA network or similar. 2.9.3 The parking equipment to, if required, be capable of two simultaneous IP connections. ENFORCEMENT 2.10.1 The parking equipment system to be capable of transferring data in real time between the pay station, the Central Management software and handheld PDA, or similar handheld units carried by City enforcement personnel. This information to be in a format acceptable to the City, and to be able to be modified to meet changes in circumstances. 2.10.2 All pay stations to be capable of printing reports based on definable parameters. RFP No. 1220-30-12-09 Page 13 of 50 2.10.3 The enforcement PDA, or similar handheld unit, may or may not, be connected or integrated into the enforcement personnel violation ticket writing units. Any software required to make this a fully functioning unit to be included as part of the Central Management System at no additional cost to the City. SECTION 3 – STATEMENT OF REQUIREMENTS 3.1 OVERVIEW 3.1.1 The City of Surrey is planning to replace all of the existing parking meters located throughout the downtown Surrey and other areas with multi space pay stations. The City is seeking a Proponent that has experience and knowledge of similar installations at other municipal organizations and will provide and install parking equipment that will provide reliable, high level service over the next ten years. The title Contract Manager will refer to the City representative and the title Project Manager will refer to the Proponent’s representative. 3.2 SCOPE OF SERVICES 3.2.1 An initial Scope of Services document to be submitted and will form part of the Proposal. It will be the responsibility of the Project Manager to initiate and move the Scope of Services forward throughout all phases in order to meet the timelines indicated in this RFP. The following to provide general guidelines which the Proponent may use to generate the Scope of Services: Within ten (10) working days of a Letter of Intent being released, meet with City Staff and Contract Manager to discuss and develop a coordinated and phased plan of action, including realistic timelines and levels of communication. Develop and present within twenty (20) working days of award, a detailed Scope of Services including a phased Transition Plan to move from the current operation to fully integrated and functioning multi-space operation. This to be matched to delivery schedules or other circumstances that may impact the installation. Develop within twenty (20) working days from date of award, in consultation with the Contract Manager, a System Performance Specification document that will be used for factory testing and as the acceptance testing document during the commissioning process. Test and report to the Contract Manager on the strength and capabilities of the available cellular networks before the shipment of any parking equipment. Provide installation details and review and coordinate with the Contract Manager on all necessary civil work that requires completion by City forces. Coordinate with Contract Manager to institute the installation of the parking equipment installation. RFP No. 1220-30-12-09 Page 14 of 50 3.3 Coordinate with City Staff to complete the installation and testing of software at City Hall. Provide all necessary staff and materials to perform the installation, and Provide assistance as required during the commissioning and resolution of any deficiencies. COMPLETION DATES AND TIMELINES 3.3.1 The City desires that the pay station parking to be installed, commissioned and fully operational in 2009. This date to include all staff training and the resolution of any hardware or software deficiencies. 3.3.2 The City desires that the parking equipment installation, an estimated twenty-five (25) pay stations, the Central Management System, all associated hardware and software, and related training programs to be completed within 90 days of a contract execution. 3.3.3 The Contractor shall, within twenty (20) working days of award, provide a fully documented Transition Plan, a draft summary of which to be included in their Proposal. The Transition Plan to identify potential risks throughout the transition, discuss installation protocols, installation of the Central Management software, and present a communication plan that the City can use to inform the general public of the new pay stations. 3.3.4 The Transition Plan to provide separate milestones for time required to supply, deliver, install and commission each phase of the project, and the final commissioning of the total parking equipment system installation. 3.4 CONTRACT OBLIGATIONS 3.4.1 3.5 The City of Surrey expects the Contractor to provide and install all parking equipment in a timely and efficient manner without disruption to the existing parking operation or interference for any consumers using the current parking systems. SITE COORDINATION 3.5.1 The Project Manager shall be on site for all major project activities, attend all relevant meetings with City Staff and other trades, and coordinate all work in order to meet the commitments and obligations. The Project Manager shall be expected to coordinate all phases of the civil work through the Contract Manager. The Contract Manager shall have final authority over civil work and site movements. Any costs arising from delays caused through failure to follow the direction of the Contract Manager, or from overriding site restrictions shall be borne by the Contractor. 3.5.2 The Project Manager to establish work hours after consultation with the Contract Manager. RFP No. 1220-30-12-09 Page 15 of 50 3.6 3.5.3 The Project Manager to be expected to coordinate all site work with other trades following discussion and agreement with the Contract Manager. 3.5.4 The City expects the Project Manager to have experience from other similar paystation installations. 3.5.5 It to be the Contractor’s responsibility to provide the City with relevant information and signal strength reporting for the cellular network that will provide the communications link between the pay stations and the Central Management System. SUB-CONTRACTORS 3.6.1 3.7 CLEANUP AND REPAIR 3.7.1 3.8 The Contractor may use qualified Sub-contractor(s) to perform various phases of the installation and/or to assist in the training of City Staff or other personnel. The same terms and conditions as accepted by the Contractor shall govern the Sub-contractor(s). Proposed Sub-contractor(s) to be listed in Schedule C-2. Upon completion of the Contract, or at completion of each distinct phase of the Contract, the Project Manager shall be responsible for leaving the working areas of the City and all new equipment and signage supplied as part of the Contract in a clean and fully operational state. The Contractor shall repair all damage to the parking site or equipment caused by or resulting from the negligence, abuse, misuse or wilful conduct of the Project Manager or its employees, subcontractors or agents. If in the opinion of the City of Surrey, the damage is beyond repair, the Contractor shall replace the damaged items at its own expense with equipment or materials equal to or better than the original. SYSTEM TESTING AND COMMISSIONING 3.8.1 The Contractor is expected to have conducted a full system test (using the System Performance Specification document) at the factory level on 100% of the equipment prior to the shipping of any product to the City. These tests, conducted by the manufacturer and/or the Contractor, shall indicate the specific serial number for each piece of equipment, itemize the tests that were conducted, and indicate the system performance (accuracy level) for each test. Testing documentation must be sent to the Contract Manager for each piece of equipment. 3.8.2 Before applying to have the parking equipment commissioned the Contractor must have provided accredited personnel to instruct City staff in the operation and maintenance of all hardware and software. 3.8.3 At the completion of the first and all subsequent phases, when an estimated twenty-five (25) pay stations are installed and communicating to the Central Management System, the Project Manager may apply for Initial Commissioning. RFP No. 1220-30-12-09 Page 16 of 50 3.9 3.8.4 The Contactor shall provide the Contract Manager with a minimum of three (3) sets of operational and maintenance manuals (electronic and hardcopy), key sets for the pay station access doors and vaults, and fully licensed software on CD medium. 3.8.5 The Initial Commissioning shall be reviewed, jointly by the Contract Manager and the Project Manager, using the System Performance Specification document. The system test shall be a fail/pass test relying on the status and operation of the equipment, software and the system reports. 3.8.6 Upon completion of the Initial Commissioning process the City will have a twenty (20) working day period to conduct its own independent testing of the parking equipment. Deficiencies that become evident during the testing period shall be recorded and communicated to the Project Manager and the Contractor agrees that Initial Commissioning and signoff shall only take place following the resolution of all deficiencies. The City shall, if required, continue to extend the twenty (20) day test period until all deficiencies are resolved. Completion of this phase shall be termed Initial Commissioning. 3.8.7 Progress payment invoices will be accepted by upon receipt of Initial Commissioning. The City’s standard payment terms shall apply. Early payment discounts offered will be reviewed and may be accepted at the City’s discretion. 3.8.8 Final Commissioning will be achieved only when all parking equipment has been installed, received Initial Commissioning and passed the twenty (20) day independent testing from the City. WARRANTY AND SERVICE SUPPORT 3.9.1 All equipment, hardware and software and any ancillary equipment shall be warranted for a minimum period of one (1) year for all parts and labour without any additional cost to the City. 3.9.2 The warranty period shall not start until Final Commissioning and acceptance of the total parking equipment system by the City of Surrey 3.9.3 Preventive maintenance shall be included under the warranty. The Contractor shall be allowed to utilize certified subcontractors, or trained and certified City staff to assist in the preventative maintenance program. The Contractor shall provide pre-designed preventive maintenance sheets, preferably in an electronic format, of a type that allows the City to track all preventative maintenance tasks quickly and easily. The Contactor shall acknowledge that any preventative maintenance tasks conducted by the Contractor-trained City personnel shall not destroy or in any manner reduce the Contractors responsibility and liability for providing mandatory warranty services. 3.9.4 The Contractor can instruct City personnel, if Contractor-trained, to act as the “first response” for maintenance response during the warranty period. The Contractor shall acknowledge that any maintenance actions taken by the Contractor-trained City personnel to support the parking equipment shall not RFP No. 1220-30-12-09 Page 17 of 50 destroy or in any manner reduce the Contractors responsibility and liability for providing mandatory warranty services. 3.10 3.9.5 The maximum response time to take corrective action following any equipment, component or software failure shall be 4 hours, with an acknowledgement within 60 minutes. 3.9.6 All costs associated with the replacement of parts, or the repair of components damaged or rendered unserviceable through provable misuse, abuse, neglect or vandalism by City employees or the public are excluded as a warranty items. 3.9.7 The Contractor shall provide adequate spare components or repair turnaround to assure that the parking equipment remains inoperative for the least amount of time possible. The shipping cost for any warranty components, equipment or materials necessary to maintain the integrity of the system throughout the warranty period shall be at the Contractor’s expense. 3.9.8 The Proponent shall commit to have parts available for a minimum of ten (10) years after the warranty period regardless of whether the City’s enters into an extended warranty agreement. In the event that the Proponent or manufacturer withdraws from the support of the parking equipment, or defaults on the provisions to maintain parts, the Contractor shall provide the City with a notice of such occurrence at least one hundred and twenty (120) days in advance of withdrawal. 3.9.9 The Proponent to provide a complete listing of all parts and components utilized with the pay stations and indicate the warranty status and cost of each item. OPERATIONAL, SYSTEM ADMINISTRATION & MAINTENANCE TRAINING 3.10.1 A user manual or instructional notebook shall accompany every training course. A hard copy or electronic version of the manual or notebook, schedule and full training itinerary shall be submitted for approval by the City a minimum of ten (10) working days before the beginning of any instructional course. The City shall review and comment on the material and the Contractor shall be expected to incorporate all comments into the revised user manual before conducting the training sessions. 3.10.2 The City reserves the right to video tape and record all training sessions for future instructional purposes. 3.10.3 The Contractor shall provide complete operational and maintenance training on all aspects of the hardware and software prior to requesting commissioning and the acceptance of the Initial Commissioning date by the City. 3.10.4 System Administration: Administrative training shall be offered to City personnel and will include both classroom and hands-on instruction. Training shall be a pre-designed comprehensive program detailing the operation of all software, including but not limited to, preparing configuration data, transferring data to the pay stations, audit procedures and controls, preparing and exporting RFP No. 1220-30-12-09 Page 18 of 50 reports, responding to alarms, and understanding the operation and nature of the pay station components. 3.10.5 Operational: Operational training shall be provided to City personnel and will include both classroom and hands-on instruction. The sessions shall emphasis the general features of both the hardware and the software including, but not limited to, the transfer of enforcement data, the receiving and recognition of alarms, and the review of relative report summaries at the pay station and through other means. 3.10.6 Maintenance: The Proponent shall include a detailed pre-designed training program providing information on maintenance policies, practices and options. The training sessions shall include instructions in the performance of regular and preventative maintenance for all parking equipment components. A trouble shooting guide shall be included and reviewed; especially if the Contractor requires City personnel to provide a “first response” position. Procedures for contacting maintenance personnel for routine or emergency repairs should be discussed. The training will include both classroom and hands-on instruction in a City of Surrey facility, or if to be conducted at the Contractor’s facility it should be without additional cost to the City. RFP No. 1220-30-12-09 Page 19 of 50 SCHEDULE B – CONTRACT PURCHASE ORDER TERMS & CONDITIONS Title: Pay Station Parking System – Supply & Install Reference No.: 1220-30-12-09 RFP No. 1220-30-12-09 Page 20 of 50 PURCHASE ORDER – TERMS & CONDITIONS DEFINITIONS AND INTERPRETATION 1. In these General Terms and Conditions: (a) (b) (c) (d) (e) (f) 2. “City” means the City of Surrey; “Contractor” means the contractor whose Proposal has been accepted by the City and who is providing the Goods and Services under this agreement; "Disbursements" means the actual out-of-pocket costs and expenses which the Contractor incurs in the performance of the Services as identified in the Proposal and reimbursement of which is accepted by the City; “Fees” means the price quoted by the Contractor and accepted by the City for the provision of the Goods and Services, unless otherwise agreed by the parties in writing, and includes all taxes except PST and GST; "Goods" means the equipment or materials (if any) as described generally in Schedule A; and “Services” means the services as described generally in Schedule A, including anything and everything required to be done for the fulfilment and completion of this agreement. This agreement may be modified only by express and specific written agreement. In the event of a conflict between the provisions of this supply agreement, then this agreement shall govern and take precedence in the following order: (a) (b) (c) (d) (e) the general terms and conditions set out in the Request For Proposals ("RFP"); the Specifications set out in the RFP; the RFP; the Proposal; and other terms, if any, that are agreed to by the parties in writing. GOODS AND SERVICES 3. The Contractor covenants and agrees with the City to provide the Goods and Services in accordance with this agreement. The Goods and Services provided must meet the specifications set out in the RFP and as described in the Proposal. 4. The City may from time to time, by written notice to the Contractor, make changes in the scope of the Services. The Fees will be increased or decreased by written agreement of the City and the Contractor according to the rates set out in the Proposal. 5. The Contractor will, if required in writing by the City, provide additional goods or services as may be listed in the Proposal. The terms of this agreement will apply to any additional goods or services, and the fees for additional goods or services will generally correspond to the fees as described in the Proposal. The Contractor will not provide any additional goods or services in excess of the scope of services requested in writing by the City. RFP No. 1220-30-12-09 Page 21 of 50 6. The Contractor will perform the Services with that degree of care, skill and diligence normally provided by a qualified and experienced practitioner performing services similar to the Services, and on the understanding that the City is relying on the Contractor's experience and expertise. 7. The Contractor will deliver the Goods free and clear of all liens and encumbrances in the manner and to the destination stipulated. In the event of the Contractor's failure to meet this conditions, the Contractor will, on written notice from the City, forthwith return all monies paid by the City on account of the Goods and in addition the City may by written notice terminate this agreement without liability, and in such event, in addition to the above, the Contractor will be liable for any and all expenses or loss incurred by the City resulting from such failure. TIME 8. Time is of the essence. FEES AND DISBURSEMENTS 9. The City will pay the Fees and Disbursements to the Contractor in accordance with Section 11. Payment by the City of the Fees and Disbursements will be full payment for the Goods and Services and the Contractor will not be entitled to receive any additional payment from the City. 10. For greater certainty, costs of general management, non-technical supporting services and general overhead are deemed to be covered by the Fees and will not be subject to additional payment by the City. The Fees shall also include without limitation all costs of boxing, packing, crating, and loading and unloading the Goods at the prescribed destination. PAYMENT 11. Subject to any contrary provisions set out in the Proposal, the Contractor will submit a monthly invoice to the City requesting payment of the portion of the Fees and Disbursements relating to the Goods and Services provided in the previous month. Invoices must include the Contractor's name, address and telephone number, the City's purchase order number, the Contractor's invoice number, the names, charge-out rates and number of hours worked in the previous month of all employees of the Contractor that have performed services during the previous month; the percentage of Services completed and Goods delivered at the end of the previous month; the total budget for the Goods and Services and the amount of the budget expended to the date of the invoice; taxes (if any); and grand total of the invoice. The Contractor will on request from the City provide receipts and invoices for all Disbursements claimed. RFP No. 1220-30-12-09 Page 22 of 50 12. If the City reasonably determines that any portion of an invoice is not payable, then the City will so advise the Contractor. 13. The City may hold back from payments 10% of the amount of the City determines is payable to the Contractor until such time as the Contractor provides its final report to the City, if applicable. 14. The City will pay the invoice, in the amount as the City determines is correct less any deductions for setoffs or holdbacks permitted by this agreement including, without limitation, those described in Sections 12, 13, 16, 40 and 41(b), within 30 days of the receipt of the invoice, unless the parties have agreed in writing to other payment terms. The payment by the City of any invoice will not bind the City with respect to any subsequent payment or final payment and will not mean that the City has accepted Goods and Services that are not in accordance with the requirements of this agreement, or that the Contractor is in any manner released from its obligation to comply with this agreement. 15. Unless otherwise provided all dollar amounts referred to in this agreement are in lawful money of Canada. 16. If the Contractor does not have an office in Canada and does not provide to the City a waiver of regulation letter, the City will withhold the 15% withholding tax deduction from all payments in accordance with Article XII, Canada – United States Income Tax Convention, 1980. USE OF WORK PRODUCT 17. The Contractor hereby sells, assigns and transfers to the City the right, title and interest required for the City to use and receive the benefit of all the reports, drawings, plans, designs, models, specifications, computer software, concepts, products, designs or processes or other such work product produced by or resulting from the Services rendered by the Contractor. This section does not give the City the right to sell any such work product to any third party and the City may sell the work product only with the prior approval of the Contractor. The Contractor may retain copies of the work product. PERSONNEL AND SUBCONTRACTORS 18. The Contractor will provide only professional personnel who have the qualifications, experience and capabilities to perform the Services. 19. The Contractor will perform the Services using the personnel and sub-contractors as may be listed in the Proposal and the Contractor will not remove any such listed personnel or sub-contractors from the Services without the prior written approval of the City. RFP No. 1220-30-12-09 Page 23 of 50 20. If the City reasonably objects to the performance, experience, qualifications or suitability of any of the Contractor's personnel or sub-contractors then the Contractor will, on written request from the City, replace such personnel or sub-contractors. 21. Except as provided for in section 19, the Contractor will not engage any sub-contractors, or sub-contract or assign its obligations under this agreement, in whole or in part, without the prior written approval of the City. 22. The Contractor will preserve and protect the rights of the City with respect to any Services performed under sub-contract and incorporate the terms and conditions of this agreement into all sub-contracts as necessary to preserve the rights of the City under this agreement. The Contractor will be as fully responsible to the City for acts and omissions of sub-contractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION 23. Except as provided for by law or otherwise by this agreement, the Contractor will keep strictly confidential any information supplied to, obtained by, or which comes to the knowledge of the Contractor as a result of the performance of the Services and this agreement, and will not, without the prior express written consent of the City, publish, release, disclose or permit to be disclosed any such information to any person or corporation, either before, during or after termination of this agreement, except as reasonably required to complete the Services. 24. The Contractor acknowledges that the City is subject to the Freedom of Information and Protection of Privacy Act and agrees to any disclosure of information by the City required by law. 25. The Contractor agrees to return to the City all of the City’s property at the completion of this agreement, including any and all copies or originals of reports provided by the City. WARRANTIES 26. The Contractor warrants that the Goods shall be free from defects in design, materials, workmanship and title, shall conform in all respects to the terms of this agreement, shall be fit and suitable and perform satisfactorily for the purposes and under the conditions made known to the Contractor by the City or which were reasonably inferable. The Goods shall be at least equal to the higher of national standards or codes (such as, by way of illustration, CSA or ASTM), or standards and codes customarily applicable at the place where the City will use the Goods. The Goods shall be of the best quality, if no quality is specified. This general warranty is independent of and without prejudice to any specific warranty or service guarantee offered by the Contractor or third party manufacturer or supplier of the Goods in connection with the purpose for which the Goods were purchased. The Contractor shall assign to the City any warranty or service guarantee offered by a third party manufacturer or supplier of the Goods. Notwithstanding this RFP No. 1220-30-12-09 Page 24 of 50 assignment, if at any time up to one year from the date of delivery or installation (if applicable) the City determines the Goods or any part do not conform to these warranties, the City shall notify the Contractor within a reasonable time after such discovery, and the Contractor shall then promptly correct such nonconformity at the Contractor's expense. Goods used to correct a nonconformity shall be similarly warranted for one year from the date of installation. The Contractor's liability shall extend to all liabilities, losses, damages, claims and expenses incurred by the City caused by any breach of any of the above warranties. 27. The Contractor warrants and guarantees that Goods delivered under this agreement do not infringe any valid patent, copyright or trademark, foreign or domestic, owned or controlled by any other corporation, firm or person, and agrees to indemnify, protect and save harmless the City and its officers, agents, servants, employees and assigns against any and all liabilities, losses, damages, claims and expenses by reason of any claim, action or litigation arising out of any alleged or actual infringement of any patent, copyright or trademark, foreign or domestic, relating to the Goods supplied under this agreement. INSURANCE AND DAMAGES 28. The Contractor will indemnify and save harmless the City and all of its elected and appointed officials, officers, employees, servants, representatives and agents (collectively the "Indemnitees"), from and against all claims, demands, causes of action, suites, losses, damages and costs, liabilities, expenses and judgments (including all actual legal costs) for damage to or destruction or loss of property, including loss of use, and injury to or death of any person or persons which any of the Indemnitees incur, suffer or are put to arising out of or in connection with any failure, breach or non-performance by the Contractor of any obligation of this agreement, or any wrongful or negligent act or omission of the Contractor or any employee or agent of the Contractor. 29. The indemnities described in sections 27 and 28 will survive the termination or completion of this agreement and, notwithstanding such termination or completion, will continue in full force and effect for the benefit of the Indemnitees. 30. The Contractor will, without limiting its obligations or liabilities and at its own expense, provide and maintain throughout this agreement the following insurance in forms and amounts acceptable to the City from insurers licensed to conduct business in Canada: (a) commercial general liability insurance on an occurrence basis, in an amount not less than five million ($5,000,000) dollars inclusive per occurrence against death, bodily injury and property damage arising directly or indirectly out of the provision of the Services by the Contractors, its employees and agents. The insurance policy will be endorsed to add the City as additional insured and will include cross liability and severability of interests such that the coverage shall apply in the same manner and to the same extent as though a separate policy had been insured to each insured. The insurance will include, but not be limited to: RFP No. 1220-30-12-09 Page 25 of 50 (b) Blanket contractual, Employees as additional insureds, Non-owned automobile, Owners and contractors protective liability, Contingent employers liability, Personal injury, and Where such further risk exists, advertising liability; and automobile liability insurance on all vehicles owned, operated or licensed in the name of the Contractor in an amount not less than three million ($3,000,000) dollars per occurrence for bodily injury, death and damage to property. 31. The Contractor will provide the City with evidence of the required insurance prior to the commencement of this agreement. Such evidence will be in the form of a completed certificate of insurance acceptable to the City. The Contractor will, on request from the City, provide certified copies of all of the Contractor’s insurance policies providing coverage relating to the Services, including without limitation any professional liability insurance policies. All required insurance will be endorsed to provide the City with thirty (30) days advance written notice of cancellation or material change. The Contractor will require and ensure that each sub-contractor maintain insurance comparable to that required above. The Contractor will be responsible for deductible amounts under the insurance policies. All of the Contractor's insurance policies will be primary and not require the sharing of any loss by the City or any insurer of the City. 32. The Contractor hereby waives all rights of recourse against the City for loss or damage to the Contractor's property. 33. Subject to any specific agreements the City and the Contractor may have reached with respect to insurance, as may be set out in other provisions of this agreement, the Contractor will, as part of the Services, cooperate with the City to obtain additional insurance covering the Services if the City in its discretion determines that additional insurance is required. The City may pay the cost of the premiums for any additional insurance. 34. The Contractor acknowledges that any requirements of the City as to the amount of coverage under any policy of insurance will not constitute a representation by the City that the amount required is adequate and the Contractor acknowledges and agrees that the Contractor is solely responsible for obtaining and maintaining policies of insurance in adequate amounts. The insurance policy coverage limits shall not be construed as relieving the Contractor from responsibility for any amounts which may exceed these limits, for which the Contractor may be legally liable. 35. If at any time during the performance of the Services the Contractor becomes aware of a claim or potential claim against any insurance policy that the Contractor has, pursuant to this agreement, indicated to the City may apply to the Services, then the Contractor will immediately advise the City in writing of such claim, including particulars. RFP No. 1220-30-12-09 Page 26 of 50 CITY RESPONSIBILITIES 36. The City will, in co-operation with the Contractor, make efforts to make available to the Contractor information, surveys, and reports which the City has in its files and records that related to the Goods and Services. The Contractor will review any such material upon which the Contractor intends to rely and take reasonable steps to determine if that information is complete or accurate. The Contractor will assume all risks that the information is complete and accurate and the Contractor will advise the City in writing if in the Contractor's judgment the information is deficient or unreliable and undertake such new surveys and investigations as are necessary. 37. The City will in a timely manner make all decisions required under this agreement, examine documents submitted by the Contractor and respond to all requests for approval made by the Contractor pursuant to this agreement. 38. If the City observes or otherwise becomes aware of any fault or defect in the Services, it may notify the Contractor, but nothing in this agreement will be interpreted as giving the City the obligation to inspect or review the Contractor's performance of the Services. DEFICIENCIES 39. The City shall have a reasonable time to inspect and to accept the Goods. The City may reject any Goods not in accordance with this agreement, whether due to damage resulting from improper packing, loading, unloading or otherwise. The City shall notify the Contractor in writing of rejection of the Goods whereupon the Goods will be held subject to the disposition by the Contractor. Any costs or expenses incurred by the City as a result of the rejection of the Goods are, immediately upon written demand by the City, payable by the Contractor, and may be set off against any payments owing by the City to the Contractor. 40. The City may hold back from payments otherwise due to the Contractor up to 150% of a reasonable estimate, as determined by the City, on account of deficient or defective materials. This holdback may be held, without interest, until replacement Goods are received or such deficiency or defect is remedied. DEFAULT AND TERMINATION 41. In the event the Contractor does not ship the Goods by the shipping date specified in this agreement, or does not deliver the Goods by the delivery date specified in this agreement, then: (a) the City reserves the right to terminate this agreement, in whole or in part, and in the event of such termination no payment will be owing by the City on account of this agreement and the Contractor will be liable for any and all expenses or loss resulting from such failure or delay and will return all monies paid by the City; or RFP No. 1220-30-12-09 Page 27 of 50 (b) if the City does not terminate this agreement for late shipping or delivery, the City may deduct and setoff from any payments owing to the Contractor all additional costs the City reasonably incurs on account of the late shipping or delivery. 42. The City may by written notice at any time cancel this agreement with respect to Goods which, as of the date of cancellation, have not been shipped. 43. The City may at any time and for any reason by written notice to the Contractor terminate this agreement before the completion of all the Services. Upon receipt of such notice, the Contractor will perform no further Services other than the work which is reasonably required to terminate the Services and return the City’s property to the City. If the City terminates this agreement before the completion of all the Services, the City will pay to the Contractor all amounts owing under this agreement for Services provided by the Contractor up to and including the date of termination, plus reasonable termination costs in the amount as determined by the City. Upon payment of such amounts no other or additional payment will be owed by the City to the Contractor, and, for certainty, no amount will be owing on account of lost profits relating to the portion of the Services not performed or other profit opportunities. 44. The City may terminate this agreement for cause as follows: 45. (a) If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of its insolvency, or if a receiver is appointed because of its insolvency, the City may, without prejudice to any other right or remedy the City may have, terminate this agreement by giving the Contractor or receiver or trustee in bankruptcy written notice; (b) If the Contractor is in breach of any term or condition of this agreement, and such breach is not remedied to the reasonable satisfaction of the City within 5 days after delivery of written notice from the City to the Contractor, then the City may, without prejudice to any other right or remedy the City may have, terminate this agreement by giving the Contractor further written notice. If the City terminates this agreement as provided by Section 44 then the City may: (a) enter into contracts, as it in its sole discretion sees fit, with other persons to complete the Services; (b) withhold payment of any amount owing to the Contractor under this agreement for the performance of the Services; (c) set-off the total cost of completing the Services incurred by the City against any amounts owing to the Contractor under this agreement, and at the completion of the Services pay to the Contractor any balance remaining; and RFP No. 1220-30-12-09 Page 28 of 50 (d) 46. if the total cost to complete the Services exceeds the amount owing to the Contractor, charge the Contractor the balance, which amount the Contractor will forthwith pay. The City will not accept nor be responsible for any restocking charges for any Goods shipped to the City and then, for whatever reason, returned to the Contractor pursuant to this agreement. The Contractor is to bear all costs including shipping and handling of returned Goods. CURING DEFAULTS 47. If the Contractor is in default of any of its obligations under this agreement, then the City may without terminating this agreement, upon 5 days written notice to the Contractor, remedy the default and set-off all costs and expenses of such remedy against any amounts owing to the Contractor. Nothing in this agreement will be interpreted or construed to mean that the City has any duty or obligation to remedy any default of the Contractor. DISPUTE RESOLUTION 48. The parties will make reasonable efforts to resolve any dispute, claim, or controversy arising out of this agreement or related to this agreement (“Dispute”) using the dispute resolution procedures set out in this section. (a) Negotiation The parties will make reasonable efforts to resolve any Dispute by amicable negotiations and will provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate negotiations. (b) Mediation If all or any portion of a Dispute cannot be resolved by good faith negotiations within 30 days, either party may by notice to the other party refer the matter to mediation. Within 7 days of delivery of the notice, the parties will mutually appoint a mediator. If the parties fail to agree on the appointment of the mediator, then either party may apply to the British Columbia International Commercial Arbitration Centre for appointment of a mediator. The parties will continue to negotiate in good faith to resolve the Dispute with the assistance of the mediator. The place of mediation will be Surrey, British Columbia. Each party will equally bear the costs of the mediator and other out-of-pocket costs, and each party will bear its own costs of participating in the mediation. (c) Litigation If within 90 days of the request for mediation the Dispute is not settled, or if the mediator advises that there is no reasonable possibility of the parties reaching a RFP No. 1220-30-12-09 Page 29 of 50 negotiated resolution, then either party may without further notice commence litigation. ADDITIONAL PROVISIONS FOR GOODS 49. Documentation for shipments of Goods from outside Canada shall be provided by a Contractor by airmail and shall include all documents as required by law or customary practice. All packages shall be marked as follows: "Upon arrival at YVR port of entry, please contact customs broker: Livingston International Inc. Suite 720, 1140 West Pender Street Vancouver, BC V6E 4H5 Telephone: 604-685-3555 Fax: 604-605-8231 E-mail: cst19@livingstonintl.com" 50. If this agreement pertains to the fabrication, assembly or other processing of the Goods, representatives of the City shall be permitted free access at all reasonable times for the purpose of inspection, testing or obtaining information as to the progress of the fabrication, assembly or processing. 51. If this agreement includes any inspection, installation or other work on the City's premises by the Contractor or representative of the Contractor all such activity shall be performed and undertaken in strict compliance with all applicable safety laws and regulations, including regulations of the Workers Compensation Board, and also in strict compliance with any published and issued by the City for use at the City's premises. 52. The Contractor covenants and agrees to comply with all the Workers Compensation Board Occupational Health and Safety Regulations for hazardous materials and substances, and in particular with the "Workplace Hazardous Materials Information Systems (WHMIS)" Regulations. All "Material Safety Data Sheets (MSDS)" will be shipped along with the Goods and any future MSDS updates will be forwarded. 53. The City may require that shop drawings be submitted by the Contractor for review prior to the delivery of the Goods. The City may require that a qualified registered professional engineer stamp and approve a shop drawing prior to submission. Any review of shop drawings by the City will not relieve the Contractor from its obligation to deliver Goods in full compliance with all requirements of this agreement. COMPLIANCE 54. The Contractor will provide the Services in full compliance with all applicable laws, building codes and regulations. 55. The Contractor will, as a qualified and experienced practitioner, interpret applicable codes, laws and regulations applicable to the performance of the Services. If an RFP No. 1220-30-12-09 Page 30 of 50 authority having jurisdiction imposes an interpretation which the Contractor could not reasonably have verified or foreseen prior to entering into this agreement, then the City will pay the additional costs, if any, of making alterations so as to conform to the required interpretation. JURISDICTION OF COUNCIL 56. Nothing in this agreement limits or abrogates, or will be deemed to limit or abrogate, the jurisdiction of the Council of the City in the exercise of its powers, rights or obligations under any public or private statute, regulation or by-law or other enactment. WAIVER 57. Any failure of the City at any time or from time to time to enforce or require the strict keeping or performance of any of the terms and conditions contained in this agreement shall not constitute a waiver of the terms and conditions and shall not affect or impair the terms or conditions in any way or the City's right at any time to avail itself of any remedies as the City may have for any breach of the terms and conditions. APPLICABLE LAW 58. This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. The City and the Contractor accept the jurisdiction of the courts of British Columbia and agree that any action under this agreement shall be brought in such courts. NOTICES 59. Any notice, report or other document that either party may be required or may wish to give to the other must be in writing, unless otherwise expressly provided for, and will be deemed to be validly given to and received by the addressee: (a) (b) (c) by hand, on delivery; by facsimile, on transmission; by mail, five calendar days after posting. The addresses for delivery will be as shown in the Proposal. In addition, the City may give notice to the Contractor by email at the Contractor's email address as shown in the Proposal, which email will be deemed to be validly given and received by the Contractor on transmission. The Contractor may not give notice to the City by email. MERGER AND SURVIVAL 60. The representations, agreements, covenants and obligations set out in this agreement shall survive the delivery of the Services and payment of the Fees and Disbursements. RFP No. 1220-30-12-09 Page 31 of 50 ENTIRE AGREEMENT 61. This agreement, including any other documents expressly included by reference in this agreement, contains the entire agreement of the parties regarding the provision of the Services, and no understandings or agreements, oral or otherwise, exist between the parties except as expressly set out in this agreement. This agreement supersedes and cancels all previous agreements between the parties relating to the Services. IN WITNESS WHEREOF the parties have duly executed this agreement on the dates set out below. CITY OF SURREY [CONTRACTOR] Per: ______________________________ Per: ______________________________ Date: ______________________________ Date: ______________________________ RFP No. 1220-30-12-09 Page 32 of 50 APPENDIX 1 – SCOPE OF SERVICES The Contractor will provide the Services set out in this Appendix 1 for the period commencing on (START DATE) and terminating on (END DATE) (the "Term"). The parties may extend the Term by mutual agreement. If the Term is extended, the provisions of this Agreement will remain in force except where amended in writing by the parties. Appendix 1 – Appendix 5 will be attached when contract is being assembled using information from the RFP and the successful Proposal. RFP No. 1220-30-12-09 Page 33 of 50 SCHEDULE C – FORM OF PROPOSAL RFP Project Title: Pay Station Parking System – Supply & Installation RFP Reference No.: 1220-30-12-09 Legal Name of Proponent: Contact Person and Title: Business Address: Telephone: Fax: E-Mail Address: TO: MANAGER, PURCHASING & PAYMENTS Finance & Technology Department Purchasing Section City of Surrey 14245 – 56th Avenue Surrey, BC Canada V3X 3A2 Dear Madame: 1.0 I/We, the undersigned duly authorized representative of the Proponent, having received and carefully reviewed all of the Proposal documents, including the RFP and any issued addenda posted on the City Website, and having full knowledge of the Site, and having fully informed ourselves as to the intent, difficulties, facilities and local conditions attendant to performing the Services, submit this Proposal in response to the RFP. 2.0 I/We confirm that the following appendices are attached to and form a part of this Proposal: Schedule C-1 – Statement of Departures; Schedule C-2 – Proponent’s Experience, Reputation and Resources; Schedule C-3 – Proponent’s Technical Proposal (Services); Schedule C-4 – Proponent's Technical Proposal (Schedule); and Schedule C-5 – Proponent’s Financial Proposal. 3.0 I/We confirm that this Proposal is accurate and true to best of my/our knowledge. RFP No. 1220-30-12-09 Page 34 of 50 4.0 I/We confirm that, if I/we am/are awarded the Agreement, I/we will at all times be the “prime contractor” as provided by the Worker's Compensation Act (British Columbia) with respect to the Services. I/we further confirm that if I/we become aware that another contractor at the place(s) of the Services has been designated as the “prime contractor”, I/we will notify the City immediately, and I/we will indemnify and hold the City harmless against any claims, demands, losses, damages, costs, liabilities or expenses suffered by the City in connection with any failure to so notify the City. This Proposal is submitted this _____________________ day of _________________________, 2009. I/We have the authority to bind the Proponent. _______________________________________ _______________________________________ (Name of Proponent) (Name of Proponent) _______________________________________ _______________________________________ (Signature of Authorized Signatory) (Signature of Authorized Signatory) _______________________________________ _______________________________________ (Print Name and Position of Authorized (Print Name and Position of Authorized Signatory) Signatory) RFP No. 1220-30-12-09 Page 35 of 50 SCHEDULE C-1 - STATEMENT OF DEPARTURES 1. I/We have reviewed the proposed Contract attached to the RFP as Schedule “B”. If requested by the City, I/we would be prepared to enter into that Contract, amended by the following departures (list, if any): Section 2. Departure / Alternative The City of Surrey requires that the successful Proponent have the following in place before commencing the Services: a) Workers’ Compensation Board coverage in good standing and further, if an “Owner Operator” is involved, personal operator protection (P.O.P.) will be provided, Workers' Compensation Registration Number _________________________________________; b) Insurance coverage for the amounts required in the proposed Contract as a minimum, naming the City as additional insured and generally in compliance with the City’s sample insurance certificate form (available on the City's web site at www.surrey.ca (search "revenue and risk") titled City of Surrey Certificate of Insurance Standard Form); c) City of Surrey business license; and d) If the Proponent is a company, the company name indicated above is registered with the Registrar of Companies in the Province of British Columbia, Canada, Incorporation Number _________________. As of the date of this Proposal, we advise that we have the ability to meet all of the above requirements except as follows (list, if any): Section 3. Departure / Alternative I/We offer the following alternates to improve the Services described in the RFP (list, if any): Section RFP No. 1220-30-12-09 Departure / Alternative Page 36 of 50 SCHEDULE C-2 - PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES Proponents should provide information on the following (use the spaces provided and/or attach additional pages, if necessary): (i) Location of branches, background, stability, structure of the Proponent; (ii) Proponent’s relevant experience and expertise with the proposed parking equipment in projects of similar size and nature during the last two years. Any relevant experience in the B.C. municipal sector should be included; (iii) Proponent’s demonstrated ability to provide the Services, successful installations of proposed parking equipment; (iv) Proponent’s equipment servicing resources, capability and capacity, as relevant; (v) Proponent’s references (name and telephone number). The City's preference is to have a minimum of three references; (vi) Proponent’s financial capacity (with evidence such as financial statements, bank references) to support a project of this size and nature; (vii) Identify the name and qualifications of the prime training staff, and the name and qualifications of at least one additional back-up trainer, who will conduct the training sessions. The instructor shall speak fluent English in a precise manner and have been involved in training sessions under similar circumstances. The Contractor should provide one instructor for the duration of each training program. (viii) Provide a summary of the Proponent’s company including a brief history and general description of the corporation, the organizational structure, and location of the head office. Identify the length of time in business and the financial capacity to support a project of this size and complexity. Identify the manufacture(s) of the proposed product(s) and indicate the relationship with the company. (ix) Identify the number of full time employees in the local serving office, the distance and travel time from Surrey. (x) Provide details of any partnership or association made concerning the Proposal submission and certify that the information and financial details provided in the Proposal are accurate and will remain valid for a period of 120 days from the response date. (xi) Proponents to provide a minimum of three specific and comparable installations including the name of the organization, address, the contact names and telephone numbers, the parking equipment system being used, and the date of completion and commissioning of the installation. Contacts should be someone who works with the parking equipment on a daily basis and administrative staff with hands-on knowledge of the operation of the Central Management System. RFP No. 1220-30-12-09 Page 37 of 50 Proponents should provide information on the background and experience of all key personnel proposed to undertake the Services (use the spaces provided and/or attach additional pages, if necessary): The City expects the Proponent to assign a high level experienced Project Manager to administer the contract. This person to have experience with the proposed parking equipment, from both an operational and maintenance aspect, have completed installations of a similar size and complexity, and be able to manage and coordinate all phases of the operation from the initiation to final commissioning. Identify if, during the warranty period, the Proponent will assign a specific person to administer the continuance of the Contract. The expectations of the City are that this person would be available to coordinate warranty and maintenance issues, part replacements, upgrades, and all other ongoing matters relevant to the project. Key Personnel Name: Experience: Dates: Project Name: Responsibility: _______________________________________________________________________ Dates: Project Name: Responsibility: _______________________________________________________________________ Dates: Project Name: Responsibility: _______________________________________________________________________ RFP No. 1220-30-12-09 Page 38 of 50 Proponents should provide the following information on the background and experience of all sub-contractors proposed to undertake a portion of the Services (use the spaces provided and/or attach additional pages, if necessary): DESCRIPTION OF SERVICES SUB-CONTRACTORS NAME YEARS OF TELEPHONE NUMBER WORKING AND EMAIL WITH CONTRACTOR RFP No. 1220-30-12-09 Page 39 of 50 SCHEDULE C-3-1 - PROPONENT’S TECHNICAL PROPOSAL (SERVICES) Proponents should provide the following (use the spaces provided and/or attach additional pages, if necessary): (i) a narrative that illustrates an understanding of the City’s requirements and Services; (ii) a description of the general approach and methodology that the Proponent would take in performing the Services including specifications and requirements; (iii) a narrative that illustrates how the Proponent will complete the scope of Services, manage the Services, and accomplish required objectives within the City’s schedule; (iv) a description of the standards to be met by the Proponent in providing the Services; (v) a response to explain how the Proponent will meet the following requirements: a) simple operational format, understandable by large range of users, b) acceptance of a variety of payment options, c) all current PCI credit card processing and storage standards, d) ability to provide stored value card refund program, e) ability to introduce new stored value cards while reusing or replacing existing cards, f) ease and ability to upgrade or expand, g) simple intuitive Central Management System easily understood by City staff, h) availability to remotely extend time from a remote telephone, i) high security payment instruments, j) ability to remotely program individual or groups of pay stations, k) ability to remotely monitor and generate reports, l) ability to receive remote alarm notification, m) ability to provide real-time remote enforcement through Personal Digital Assistant (PDA) or similar handheld device, vi) n) full networking capabilities between all aspects of the parking equipment, o) compliance with Canadian and American disabilities requirements, and p) provide signage options. a description of how the Proponent will manage: a) service response times and costs, b) Service Level Agreement components, c) dedicated company technical Project Manager, d) knowledgeable subcontracted staff , e) manufacturer support of the Proponent and the City, f) ability to meet project timelines, g) training requirements for users, administrators and technicians, and h) minimal disruption to current system users and parking operation. RFP No. 1220-30-12-09 Page 40 of 50 vii) a narrative explaining: a) complete pay-by-license plate solutions, b) additional / optional components, c) integration with enforcement officers, d) signage design options, e) proposed roll out schedule for solution including transition plan, f) maintenance options g) license requirements, and h) training & post-implementation support. viii) describe factory certified technicians, include details of the training required, and where it would be conducted, to certify City personnel as factory certified technicians. ix) provide a detailed Scope of Service document outlining and identifying, at a minimum, the items described above. The use of Microsoft Project 2000 or later, Gantt chart in an electronic and hard copy format would be acceptable. This document should identify the following: a) each phase of the service program, including the number of pay stations, ancillary equipment or software to be installed in each phase, b) general details and outline of the transition plan, c) details of the employee(s) assigned the task and their job responsibilities, d) the task level, e) general details of the system performance specification document, f) assistance and guidance in the contracting of cellular service providers, links to other related tasks, g) coordination with the City staff and City requirements, h) communication contract administration and merchant account assistance, i) ongoing timelines and project milestones, commissioning timelines, and j) completion dates by phase and total contract. RFP No. 1220-30-12-09 Page 41 of 50 SCHEDULE C-3-2 - PROPONENT’S TECHNICAL PROPOSAL (SERVICES) SEPARATE ATTACHMENT – (EXCEL FORMAT) Schedule C-3-2 – Proponent’s Technical Proposal (Services) Schedule #1 Equipment and Operational Specifications Schedule #1a Comprehensive Technical Specification Schedule C-5 – Proponent’s Financial Proposal Schedule #2 Pricing A. Equipment and Operational Specifications 1. Using the electronic spreadsheet provided, complete and submit all items in full. This document will form the basis for the equipment specifications evaluation and will be used in the determination of the final equipment choice. Manuals, specification sheets, demonstration media or other media to be provided in a separate appendix and referenced to this section of the Proposal. 2. Provide descriptive materials, along with any necessary illustrations, clearly indentifying the face plate instructional layout that will be recommended and indicate your rationale on the thought process a consumer would use to navigate these instructions. 3. Provide a copy of a standard ticket/receipt and clearly indentify which text or graphics are programmable by the City. Indicate which of the line items have font sizes that are programmable by the City. 4. Provide a clear comprehensive description, in language understandable to the layperson, of the communications relationship between the pay station and the Central Management System. 5. Clearly identify if any of the revenue and statistical information is batched at the pay station, and if so, how often transfer would take place and if this would be automatically programmed, or require City staff to request data at the pay station, or from the Central Management System. 6. Provide a clear comprehensive description, in language understandable to the layperson, on the transfer protocol and protection of credit card data, including descriptive information on the process pathways required for the City to receive payment for a transaction. 7. Provide specific information on the Proponents with regard to conformance with the Payment Card Industry (PCI) Standards, both at an equipment hardware level and as part of the processing environment that will be used by the City. Clearly identify if the expectation, based on your proposed solution, will require the City to comply with all, part or none of the PCI Standards. 8. Provide a clear statement indicating your ability to accept the use of a future City of Surrey stored value card by the pay station based on the City providing the encryption code. Indicate that the parking equipment will be able to track and indentify individual stored value cards and that the encryption or other mapping codes will remain the property of the City. RFP No. 1220-30-12-09 Page 42 of 50 9. Provide a statement indicating that the pay station will be able to recharge the current City stored value card or the Proponent’s stored value card and that in a pay station format will be able to refund unused portions of a parking charge. 10. Provide an electronic version of the installation, operational, maintenance and software manuals for the proposed parking equipment. 11. Provide a clear statement on the availability, now or in the future, of proximity based card systems that will work with the proposed pay station. Provide a realistic timeline for this system change to be available, and indicate what modifications to the proposed pay station would be required, and what costs would be anticipated for the City in making these modifications. 12. Provide a clear statement on the availability, now or in the future, of a debit card system that will work with the proposed pay station. Provide a realistic timeline for this system change to be available, and indicate what modification to the proposed pay station would be required, and what costs would be anticipated for the City in making these modifications. B. Installation of Pay Stations 1. The Proponent will be required to provide the labour and expertise to install the proposed pay stations in locations specified by the City. The Proponent to be responsible for all necessary civil work. The Proponent shall provide suitable surface and base design details to the City. Provide a description of the installation process including an estimate of the time required to install, test and activate a single pay station. 2. Provide a summary first draft of the transition plan including, at a minimum, recommendations for reducing site disruption, relaying information to the general public, and any other information that is based on previous experience gathered from projects of a similar size and complexity. This transition plan shall form the basis of the full plan to be provided twenty days following award. 3. Provide details of any site conditions that you expect the City to meet prior to the installation of the pay stations. This should be comprehensive in detail such that the City is able to develop budget costing for the project. 4. Provide detailed renderings or photographs of recommended pay station signage required for instructional and rate signage. Identify any special features to reduce vandalism, and indicate the type of hardware that will be provided in order for this to be a secure installation. Indicate the Proponents experience in sign production or provide details and references for any signage contractor that will be used for this phase of the work. 5. Provide comments, based on the Proponents practical experience on other similar projects, on the most advantageous way to conduct the transition from a single head meter system to a multi space system. Comments should include but not be limited to, discussions on customer relations, transfer of City stored value cards, design and location of pay station signage and the value of local area notification. C. Installation of Central Management Software 1. The Proponent to be required to provide knowledgeable technical staff to install the Central Management hardware and software applications, in a location chosen by the City.. Provide a detailed specification of the RFP No. 1220-30-12-09 Page 43 of 50 hardware and peripherals that the City will be required to purchase to operate the system. Identify the timelines required to complete the full installation and training of the Central Management System. 2. Indicate if any physical or security requirements may limit the location of the Central Management system at the City facility. 3. Identify the license requirements that must be met by the City in order to operate and manage the Proponents software. Indicate if licenses ever have to be renewed and if so under what circumstances. D. System Administrative Training 1. Provide a comprehensive detailed itinerary of the training program that will be provided to the City covering all system administrative aspects of the parking equipment. This should include, at a minimum, detailed operation and programming of all software; the preparation and transference of configuration data and files; the preparation of reports and the ability to export reports; security, audit controls and procedures; and a full understanding of the components and operation of the pay stations. 2. Indicate where the system administrative training will take place, how long the training will be, in number of hours/days, and identify any specific requirements (projectors, PC, etc. ) that you will require the City to supply if the training takes place in City facilities. Accept all costs if the training is to take place at a facility outside of the City of Surrey. 3. Provide the name and full qualifications of the Proponent’s staff that will conduct the operational training. Indicate the name and qualifications of secondary staff who can act as a trainer if the primary staff is unable. E. Operational Training The Proponent is required to provide a comprehensive operational training program. 1. Provide a comprehensive detailed itinerary of the training program that will be provided to the City covering all operational aspects of the pay stations, and all associated hardware and software. This should include, at a minimum, all operational aspects of the pay stations, general operational troubleshooting for front line staff, report generation at the pay station, security and audit features, and general instructions on the use of any associated web based software. 2. Indicate where the operational training will take place, how long the training will be, in number of hours/ days, and identify any specific requirements (projectors, PC, etc. ) that you will require the City to supply if the training takes place in City facilities. Accept all costs if the training is to take place at a facility outside of the City of Surrey. 3. Provide the name and full qualifications of the Proponent’s staff that will conduct the operational training. Indicate the name and qualifications of secondary staff who can act as a trainer if the primary staff is unable. 4. Provide a statement indicating if follow-up operational training will be included as part of the Proposal. Indicate within what timeframe this will be available, where it will take place, and if the costs are included in the Proposal. RFP No. 1220-30-12-09 Page 44 of 50 F. Maintenance Training 1. Provide a detailed description and itinerary of the maintenance training program that will be provided. Itemize the maintenance issues that will be covered and indicate the time required to fully train City of Surrey technical staff. If necessary, clarify training procedures by providing manuals or documentation, provided in a separate appendix referenced to this section. 2. Indicate where the maintenance training will take place, how long the training will be, in number of hours/days, and identify any specific requirements (projectors, PC, etc. ) that you will require the City to supply if the training takes place in City facilities. Accept all costs if the training is to take place at a facility outside of the City of Surrey. Indicate if the training will be conducted in the field or at an inside classroom. 3. Provide details of the normal preventive maintenance tasks that are required to maintain the pay station in pristine condition and indicate if the Proponent is considering this work being conducted by City personnel. G. Commissioning 1. Provide a copy of any testing documentation that is currently used for factory testing or at the time of commissioning. This document, following review and comment by the Contract Manager shall form the basis of the System Performance Specification document. 2. Provide details indicating the frequency that the Project Manager will be present throughout the commissioning process. H. Warranty 1. Indicate acceptance of the process for assigning shipping costs during the warranty period. 2. Indicate acceptance of the response times. 3. Indicate if the Proponent would consider training City staff to become Factory Certified Technicians, and if so provide details of the training, certification levels and costs to the City. 4. Indicate the acceptance of the Proponents agreement to have parts available for a period of ten years. 5. Provide list clearly identifying all items, services and components not covered under the normal warranty. 6. Identify if access to staff via a telephone or internet chat connection is available Monday to Saturday, 6:00 am to 6:00 pm Pacific Standard Time and identify any costs to the City. I. System Upgrades 1. Hardware and software is continually being improved. Provide a clear statement of intent outlining the corporate policy on providing upgrades to existing customers. Clarify what is meant by the term software upgrade – full version upgrades or partials based on patching of current version. 2. Indicate if the upgrade policy includes upgrades to the pay station CPU, as well as to all other application software and hardware. RFP No. 1220-30-12-09 Page 45 of 50 3. If upgrade services are at the City’s cost, provide an itemized pricing schedule for the warranty period and the next four years. J. Other Items 1. Provide a summary of any other unique features or services offered by your company that you feel would be of value to the City and that have not been considered in the foregoing. RFP No. 1220-30-12-09 Page 46 of 50 SCHEDULE C-4 - PROPONENT’S TECHNICAL PROPOSAL (SCHEDULE) Proponents should provide an estimated schedule, with major item descriptions and time indicating a commitment to perform the Contract within the time specified (use the spaces provided and/or attach additional pages, if necessary). MILESTONE DATES __________________________________ ACTIVITY SCHEDULE 1 2 3 4 5 6 7 8 9 10 The Proponent should provide a detailed schedule, itinerary, timelines and content for each type of instructional or training session. The scheduling of all instructional training shall be coordinated with the contract manager such that conflicts of City personnel demands are avoided. The Contractor shall be expected to submit a schedule of training sessions to the Contract Manager for approval a minimum of twenty (20) working days in advance of any class. Provide a clearly defined schedule matching the scope of work document, indicating when the Project Manager will be available to the City. Proponents: a) are encouraged to propose a roll out schedule for solutions including transition plans. b) to provide a detailed schedule, itinerary, timelines and content for each type of instructions or training sessions. RFP No. 1220-30-12-09 Page 47 of 50 SCHEDULE C-5 - PROPONENT’S FINANCIAL PROPOSAL Indicate the Proponent’s proposed fees (excluding GST), and the basis of calculation (use the spaces provided and/or attach additional pages, if necessary) as follows (as applicable): (i) monthly fee; (ii) hourly rates for all team members if payment is to be made on an hourly basis; or (iii) lump sum fee. Proponent to address to following items: a) total cost of ownership, b) life cycle operating costs for a five year period including cost of supplies, c) warranty coverage and costs, d) ongoing maintenance, upgrade and licensing costs, e) cost to add additional pay stations, hardware or software at a later date, f) communication and credit card processing costs, g) detailed pricing for the solutions and components, The Proponent to provide details and costs of an initial Service Contract to extend for an initial two years beyond the warranty period with the option to renew for two additional one year periods to a maximum term of 4 years. The option to extend the contract is subject to agreement between the Contractor and the City. Using the electronic spreadsheet provided, the Proponent to provide pricing information as specified; a hard copy of which is provided in Schedule #2 – Pricing. This information will form the basis for the evaluation. Please ensure that the information is provided in a concise manner and addresses the issues identified. All prices shall be shown exclusive of GST and PST. 1.1 BASE STATION Complete items by inserting a “yes” or “no” answer if the listed component is included in the base model cost. 1.2 OPTIONAL COMPONENTS Complete Item 1.2 indicating any additional cost for components not in the base model, but recommended for successful completion of the project. 1.3 INCIDENTAL COSTS The Proponent shall list any additional cost in Item 1.3 that will be required to be paid by the City of Surrey in order for the contract to be completed. This shall include, but not be limited to the following: Provide a cost(s) for the shipping of the pay stations and ancillary components. Provide a fixed or per station cost for the installation of the pay stations by qualified Contractor/manufacturer staff. In the case that Contractor intends to charge for project management service indicate a cost for the total project and the number of hours covered, or itemize by hours required and a per hour cost for the Project Manager and the expected hours of work. RFP No. 1220-30-12-09 Page 48 of 50 1.4 Indicate if any costs will be levied against the City of Surrey for Contractor staff involved in the commissioning process or in the correction of deficiencies. Provide a cost to provide all operational training for both the pay stations and any back office software. Indicate if the cost is fixed or if there is a limit on the number of hours that will be allocated to this task. Provide a cost to provide all maintenance training and indicate if this is to be conducted at City premises or at the offices of the manufacturers /Contractor. Indicate and identify any and all other incidental costs that will be required in order to bring about a successful conclusion to the project. ONE-TIME COSTS Clearly identify on the electronic spreadsheet under Item 1.4, any one-time costs that the City of Surrey can expect in order to have a fully operational parking equipment system. This should include but not be limited to the following: 1.5 Central Management System (CMS) software that may be required for the programming of rate and schedules, setting of alarm parameters and any and all other and maintenance and operational parameters. Confirm any licensing costs that are required in order for the CMS software to be operated legitimately. Indicate if the licensing costs are a one-time fee or have an ongoing implication. If ongoing indicate this cost under Item 1.6 Provide any costs associated with any independent software required in order to allow the City of Surrey to conduct the processing of credit card information. Confirm any licensing costs that are required in order for the credit card software to be operated legitimately. Indicate if the licensing costs are a one-time fee or have an ongoing implication. If ongoing, indicate this cost under Item 1.6. Provide a cost(s) to provide enforcement equipment (ten units initially and provide costs of any additional units) and any and all associated software and licenses such that the City of Surrey enforcement officers are able to remotely monitor the validity of a parked vehicle. Provide cost(s) to provide all ancillary hardware necessary to support the installation of all listed software. Include all peripherals, keyboard, mouse, etc. in order that the system will be fully operational in a standalone condition. The City may purchase this equipment independently of this Proposal. Provide a cost to supply all necessary signage that will be required to inform the customer of how to use the pay station and what the parking rates and time restrictions are for that zone. Provide a cost for the recommended component list that should be carried for a project of this size and complexity. See Item 1.5, for an itemized listing of these components. Indicate and identify any and all other one-time costs that will be required in order to bring about a successful conclusion to the project. RECOMMENDED PARTS LISTING & COSTS Provide an itemized listing of the parts and components recommended for an operation of this size and complexity. Indicate in the comment section if these costs are a standard list price or a discounted price. Attach separately, in an electronic format, a copy of the current parts list for ALL pay station components and ancillary products, and indicate if the costs shown are list or a discounted cost. 1.6 ANNUAL LIFE CYCLE COSTS PER UNIT Clearly identify on the spreadsheet Schedule #2 – Pricing, any Annual Life Cycle costs that the City of Surrey can expect in order to be able to maintain all parking equipment in a fully operational state throughout the first five years of operation. This should include, but not be limited to, the following: RFP No. 1220-30-12-09 Page 49 of 50 1.7 Cost of receipts/tickets on a per roll basis. Indicate in the comment section the average number of receipts/tickets that can be expected from a roll or package of paper. Indicate if all components and software are included in the initial warranty. Indicate in the comment section any items that are not included. Provide a cost for any extended warranty that may be offered on the base pay station and its components. Identify these costs, if available, for a five year period. Indicate in the comment section any items that are not included. Identify any cost associated with software upgrades, by type of software, and if upgrades are patches or full version upgrades. Identify these costs, if available, for a five year period. Identify if licensing fees for any software are payable upon a yearly base or are an ongoing cost payable when a version upgrade is installed. For web based server applications, identify all Contractor reporting fees that may be charged to the City of Surrey for the access to reports. Identify in the comment section if any limitations are placed on the number or type of reports that can be accessed. For web based server applications, identify all Contractor based monitoring fees that may be charged to the City of Surrey for the monitoring and transmission of alarms. Identify in the comment section if any limitations are placed on the number or type of alarms that can be monitored. Identify all Contractor fees associated with the transfer of phone system data to enforcement personnel or phone system data for the extension of time. Identify and itemize all non-Contractor based charges that will be associated with a fully operational system, Verrus, Rogers, etc MAINTENANCE & SUPPORT LABOUR RATES Clearly identify on the spreadsheet, any Maintenance and Support services staff labour rates that the City of Surrey can expect in order to be able to maintain all parking equipment in a fully operational state throughout the first five years of operation. These would be the labour rate charged over and above warranty services. Provide a brief discussion outlining your policy for sending technical staff to Surrey, indicating whether travel time and costs vary from regular rates, the length of a regular day, when and how overtime takes effect, and any other general information on how you see your company being able to maintain a long distance service relationship with the City of Surrey. 1.8 FUTURE PARKING EQUIPMENT PURCHASES The Proponent should indicate how long they will hold the pricing outlined in their proposal. 1.9 ADDITIONAL EXPENSES The proposed Contract attached as Schedule "B" to the RFP provides that expenses are to be included within the fee, other than the expenses listed in the Contract as disbursements. Details of disbursements are to be shown. Please indicate any expenses that would be payable in addition to the proposed fee and proposed disbursements set out above: 1.10 PAYMENT TERMS A cash discount of _______% will be allowed if account is paid within _____ days, or the_________ day of the month following, or net 30 days, on a best effort basis. RFP No. 1220-30-12-09 Page 50 of 50