REQUEST FOR PROPOSALS
Title:
OUTDOOR POOL OPERATIONS
Reference No.:
1220-30-41-10
FOR PROFESSIONAL SERVICES
REQUEST FOR PROPOSALS
TABLE OF CONTENTS
1.
INTRODUCTION.......................................................................................................... 01
1.1
Purpose ............................................................................................................. 01
1.2
Definitions .......................................................................................................... 01
2.
INSTRUCTIONS TO PROPONENTS........................................................................... 01
2.1
Closing Time and Address for Proposal Delivery ............................................... 01
2.2
Information Meeting ........................................................................................... 02
2.3
Number of Copies .............................................................................................. 03
2.4
Late Proposals................................................................................................... 03
2.5
Amendments to Proposals ................................................................................. 03
2.6
Inquiries ............................................................................................................. 03
2.7
Addenda ............................................................................................................ 04
2.8
Examination of Contract Documents and Site .................................................... 04
2.9
Opening of Proposals ........................................................................................ 04
2.10 Status Inquiries .................................................................................................. 04
3.
PROPOSAL SUBMISSION FORM AND CONTENTS ................................................. 04
3.1
Package ............................................................................................................ 04
3.2
Form of Proposal ............................................................................................... 04
3.3
Signature ........................................................................................................... 05
4.
EVALUATION AND SELECTION ................................................................................ 05
4.1
Evaluation Team ................................................................................................ 05
4.2
Evaluation Criteria ............................................................................................. 05
4.3
Discrepancies in Proponent’s Financial Proposal .............................................. 06
4.4
Legal Action Exemption ..................................................................................... 06
4.5
Additional Information ........................................................................................ 07
4.6
Interviews .......................................................................................................... 07
4.7
Multiple Preferred Proponents ........................................................................... 07
4.8
Negotiation of Agreement and Award ................................................................ 08
5.
GENERAL CONDITIONS ............................................................................................ 08
5.1
No City Obligation .............................................................................................. 08
5.2
Proponent’s Expenses ....................................................................................... 08
5.3
No Contract ....................................................................................................... 09
5.4
Conflict of Interest .............................................................................................. 09
5.5
Solicitation of Council Members and City/Township Staff................................... 09
5.6
Confidentiality .................................................................................................... 09
SCHEDULE A – SPECIFICATIONS OF GOODS AND SCOPE OF SERVICES ................ 10
SCHEDULE B – SAMPLE AGREEMENT .......................................................................... 31
SCHEDULE C – FORM OF PROPOSAL ............................................................................ 50
RFP No. 1220-30-41-10
ii
REQUEST FOR PROPOSALS
1.
1.1
INTRODUCTION
Purpose
The purpose of this request for proposals is to select a service provider (or service
providers) to 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.
2.
INSTRUCTIONS TO PROPONENTS
2.1
Closing Time and Address for Proposal Delivery
Proposals must be received by the office of the:
Kam Grewal, BBA, CMA
Acting Purchasing & AP Manager
Address:
6645 – 148 Street
Surrey, BC V3S 3C7
RFP No. 1220-30-41-10
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Fax: 604-599-0956
E-mail for PDF Files: purchasing@surrey.ca
on or before the following date and time (the “Closing Time”):
Time: 3:00 pm local time
Date: December 2nd 2010
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/tour has been
scheduled.
Date:
November 23rd 2010
Time:
9:00 am
Location Start:
BEAR CREEK POOL
13820-88TH Ave, Surrey
Then to:
UNWIN PARK POOL
6845-133rd St, Surrey
Then to:
GREENAWAY POOL
17901-60th Ave, Surrey
Please allow 4 hours, (1 hour per pool & 1 hour travel time)
Proponents should examine the site prior to submitting a Proposal to fully acquaint
themselves with all existing conditions reasonably inferable from examination of the site
and its surroundings and the RFP and to make allowance for such conditions in the
Proposal. By submitting a Proposal, a Proponent represents that it has examined the
site fully as to all conditions, contingencies, risks and circumstances, local or otherwise,
which might influence or affect the performance or the cost of the work, including but not
limited to: location of the work, location of buildings on the site, adjacent properties,
Proponent occupancy during the work, access and all other conditions that a competent
Proponent experienced in work similar to the work would consider and take into account,
and is further deemed to have included in the proposal price all costs occasioned
thereby.
Note #1: No transcript or report of information meeting will be provided.
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2.3
Number of Copies
Faxed and emailed PDF Proposals are permitted, but a Proponent bears all risk that the
City’s equipment functions properly so that the City receives the Proposal. If the
Proponent prefers to submit a hard copy, the Proponent should submit one original
unbound Proposal plus 3 hard copies (4 in total).
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
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.
Kam Grewal, BBA, CMA
Acting Purchasing & AP Manager
Address:
City of Surrey – Purchasing
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
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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.
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.
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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.
(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.
(c)
If the Proponent is an individual, including a sole proprietorship, the name of the
individual should be included.
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 contractors 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 (viii)
in C-2 of Schedule C including supplementary information.
(b)
Technical
The Evaluation Team will consider the Proponent's responses to items (i) to
(xxiv) in C-3 and C-4 of Schedule C, including supplementary information.
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(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.
The City reserves the right to reject Proposals from Proponents who are unable to
provide evidence that they are capable of providing the necessary labour, materials,
equipment and adequate financial arrangements for satisfactory performance and
provision of services as herein specified. Evidence of such competency and experience
should be provided, and the proposal shall be evaluated taking such evidence into
account.
4.3
Discrepancies in Proponent's Financial Proposal
If there are any obvious discrepancies, errors or omissions in 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:
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.
Legal Action Exemption
The City may, in its absolute discretion, reject a Proposal submitted by a person if the
person, or any of its officers or directors, is or has, either directly or indirectly through
another corporation or entity, been engaged in legal action against the City, its elected
officials, Officers or Employees in relation to:
RFP No. 1220-30-41-10
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(a)
any other contract for Goods or Services: or
(b)
any matter arising from the City’s exercise of its powers, duties or functions
under the Local Government Act, Community Charter or another enactment,
within five years of the date of the request or invitation. In determining whether to reject
a Proposal under this Section 4.4, the city will consider whether:
4.5
(c)
the legal action has the potential to affect the person’s ability to work with the
City, its consultants or representatives;
(d)
the City’s experience with the person indicates that the City is likely to incur
increased staff and legal costs in the administration of the contract if it is awarded
to the person; and,
(e)
the legal action has or may give the person access to information related to a
similar Proposal which is not available to others.
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 only to 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, may 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 and Changes to the Proponent Team
The City prefers and intends to award the Services to one Proponent, however, 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. Likewise, the City reserves the right to ask for changes in the member/s
comprising the Proponent Team as it deems beneficial to the overall composition of the
Team and without any obligation to justify its preference.
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.
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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 attempt to finalize the
terms of the Contract(s), including financial terms, and such discussions may
include:
(c)
(1)
clarification of any outstanding issues arising from the Preferred
Proponent's Proposal;
(2)
negotiation of amendments to the departures to the draft Contract, if any,
proposed by the Preferred Proponent as set in Schedule C-1 to the
Preferred Proponent's Proposal; and
(3)
negotiation of amendments to the Preferred Proponent's price(s) as set
out in Schedule C-5 to the Preferred Proponent's Proposal and/or scope
of Services if:
(A)
the Preferred Proponent's financial Proposal exceeds the City's
approved budget, or
(B)
the City reasonably concludes the Preferred Proponent's financial
proposal includes a price(s) that is unbalanced, or
(C)
a knowledgeable third party would judge that the Preferred
Proponent's price(s) materially exceed a fair market price(s) for
services similar to the Services offered by the Preferred
Proponent as described in the Preferred Proponent's Proposal;
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 contractors, relating to or arising from this RFP. The City and its
representatives, agents, contractors and advisors will not be liable to any Proponent for
any claims, whether for costs, expenses, losses or damages, or loss of anticipated
RFP No. 1220-30-41-10
8
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.
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 termination 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.
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SCHEDULE A
SPECIFICATIONS OF GOODS & SCOPE OF SERVICES
OUTDOOR POOL OPERATIONS
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SCHEDULE A
SCOPE OF SERVICES
A.
INTENT
The intent of the Agreement to which this Schedule will be attached, is to provide for the
operation and maintenance of the outdoor pools as outlined herein. The services are to
be performed in a substantial, complete and professional manner in accordance with
Public Aquatic Operation industry standards, all as required by and in strict conformity
with current Health Regulations under the BC Health Act.
B.
SCOPE OF SERVICES
1. Conduct and Professionalism
(a)
The services under this Agreement, and all duties incidental or necessary
thereto, should be conducted and performed continuously, diligently and
competently and in accordance with professional standards of conduct and
performance; and
(b)
The Proponent and its agents and employees should at all times be properly
attired and should be courteous to the public and perform the work in a
manner that minimizes any inconvenience or nuisance to the public.
2. Smoking Policy
A “No Smoking Policy” within any City building and within the fenced areas of the
outdoor pools will be enforced.
3. Safety
(a)
(b)
RFP No. 1220-30-41-10
The Contractor should be responsible for the safety of all employees and
equipment of the project in accordance with all applicable safety regulations;
and
Incidents, altercations or accidents involving facility visitors, the Contractor,
employees or City employees to be reported to the City's Representative on
standardized Incident and Accident Report Forms in a timely manner but in
no case more than one (1) week for minor incidents, or more than twenty-four
(24) hours for major incidents.
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4.
General Information
The Pool Facilities will be maintained in a first rate manner from opening until
winterization and sign-off to the City adhering to the suggested minimum
maintenance requirements for the Start-up and Shut-down Procedures as attached
to this Schedule.
5.
Duties of Contractor
The Contractor should do and perform and contract in its own name and for its sole
account for all things necessary or desirable for the proper and efficient operation and
maintenance of the Pool Facilities to enable the Pool Facilities to operate as recreational
public swimming facilities during the Term (subject only to Force Majeure which means
any temporary event or cause beyond the control of the Contractor which prevents the
Pool Facilities from being operated in the manner contemplated herein such as, but not
limited to, acts of God or of the public enemy, fire, flood, storm, explosion, earthquake,
riots, wars, hostilities, civil commotion, strikes and labour disputes). Without limiting the
foregoing the Contractor’s duties include the following:
(a)
Operation and maintenance of all aspects of the Pool Facilities and the making of
all day-to-day decisions in connection therewith, except as otherwise provided
herein;
(b)
Entering into all contracts necessary or desirable for the opening, operation and
maintenance and closing of the Pool Facilities, solely on behalf of Contractor;
(c)
Keeping of all records, statistics and accounts in respect of the opening,
operation and maintenance of the Pool Facilities in accordance with generally
accepted accounting principles, consistently applied;
(d)
Doing all things necessary to provide adequate security for the physical
protection of the Pool Facilities;
(e)
The City of Surrey is committed to providing a safe environment for children and
youth. The Contractor, Contractors staff and Contractors volunteers are to
undergo a Criminal Record Check. The “Consent for Disclosure of Criminal
Record Information” form must be completed by the Surrey RCMP. Any
associated costs will be the responsibility of the Contractor. The Contractor will
be responsible to ensure that all sub-trades have the same contractual
obligations including criminal record compliance for their employees. The
Contractor must keep copies of the Criminal Record Check and be prepared to
provide access to the records if requested by the City;
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(f)
Furnish all labour, supervision, transportation, utilities, supplies, chemicals and
other required services as needed to fully open, operate, maintain and winterize
the Pool Facilities;
(g)
Repair any damage and correct any potential hazard, existing at or involving any
of the Pool Facilities;
(h)
Remove or remedy any hazardous conditions immediately;
(i)
Complete all other work related to the opening, operation, maintenance and
closing of the Pool Facilities in accordance with the guidelines set out in
Schedule "C" attached hereto; and
(j)
Maintaining the Pool Facilities in excellent repair in accordance with health and
industry standards;
(k)
Maintaining all equipment and putting in place a preventative maintenance plan
and service check list prior to opening for the duration of this Agreement. The
Contractor will submit these plans to the City’s Representative for approval;
(l)
Turning over all equipment in a clean, maintained, operable and safe manner
upon termination of this Agreement. The Contractor will also provide all backup
material and maintenance records for all equipment in the Pool Facilities;
(m)
Permitting the City to inspect the Pool Facilities, including but not limited to, all
mechanical equipment and maintenance records as needed;
(n)
The Contractor covenants and agrees to comply with the City’s Parks,
Recreation and Culture Department Graphic Standard guidelines and incorporate
these guidelines when producing marketing materials representing City Services.
The Contractor’s logo may be visible on marketing and communications, but
should be secondary to the City’s standards and be limited to a logo placed in the
footer bar as defined in the guidelines. The Manager of Marketing and
Communications will be an available resource for determining discretionary
practices in regard to graphic standards matters. The Contractor will also refer to
the Parks, Recreation and Culture Department press release guidelines in regard
to communications issues such as announcements or press releases; and
(o)
The Contractor agrees to support and implement all relevant policies of the
Parks, Recreation and Culture Department, provided that they do not materially
reduce the compensation payable by the City to the Contractor.
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6.
Permits & Regulations
The Contractor to apply and pay for all necessary permits or licenses required for
the execution of the Agreement and should give all necessary notices and pay
fees required by law and comply with all laws, ordinances, rules and regulations
relative to the work and to the preservation of the public health
7. Work Schedule
(a)
The Contractor should provide a schedule to the City's Representative for
their approval, for the use of the Pools Facilities. In no case will the public
scheduling vary unless authorized in writing by City's Representative; and
(b)
The Contractor shall provide a schedule which states dates, days and times
each of the Pool Facilities will be required, in order to start preparation, and to
what date the Pool Facilities will be required in order to properly winterize.
8. Maintenance, Equipment, Capital Works & Capital Improvement
(a)
The Contractor to be responsible for all equipment related to the successful
operation of each of the Pool Facilities;
(b)
The Contractor should be liable to pay the City the cost of maintenance,
repair or replacement made necessary as a result of loss or damage to the
Pool Facilities, plant, equipment, or chattels caused deliberately or recklessly
by the Contractor’s staff or agents; and
(c)
The Contractor should advise how they will increase the number of play items
and equipment to be available at the Pool Facilities for public sessions and
swim lessons.
(d)
For the purposes of this Agreement capital work will be defined as items
which require more than FIVE HUNDRED ($500.00) DOLLARS to repair,
including labour and materials and excluding painting; and
(e)
The Contractor would be expected to pay the City the first $500.00 of each
capital expenditure to a maximum of $4,000.00 (8 occurrences); and
(f)
The Contractor should receive authorization from a City Representative prior
to proceeding with any capital work in excess of FIVE HUNDRED ($500.00)
DOLLARS that the City consents to pay for. The Contractor will be given a
contact list of City employees for emergency approval by the City.
(g)
The Contractor will provide and pay for a capital improvement as approved
by the City in the minimum amount of ONE THOUSAND ($1,000.00)
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14
DOLLARS plus HST at a minimum of two (2) of the Pool Facilities, prior to the
expiration of the Term.
9. General Cleaning Procedures
The Contractor should maintain the named Pool Facilities in a clean and sanitary
condition.
10. Litter Control
The City is responsible for litter control within the fenced areas at Bear Creek Pool
and Hjorth Road Park Pool and is responsible for landscaping and litter control of
surrounding areas for the remaining outdoor pools. The Contractor is responsible for
litter control within a 20 foot radius at all the named pools and park litter outside the
pools, deemed to be from pool users.
11. Waste Sites
(a)
The Contractor to select its own site(s) for disposal of debris, trash and
unsuitable materials collected under the conditions of this Agreement. In no case
should debris, trash, and unsuitable materials be disposed of at the Pool
Facilities or on any properties adjacent thereto. The Contractor is solely and
alone responsible for any and all damages done or regulations violated in the
disposal of waste material and for any other actions which the Contractor
performs;
(b)
The Contractor warrants that it will not produce or discharge in any manner or
form, directly or indirectly, chemicals or toxic substances into the environment
and that all vehicles and equipment used will not pose a hazard to, or harm or
adversely affect anyone coming into contact with them and covenants and
agrees to provide the City with an environmental plan (where applicable),
acceptable to the City, which plan shall outline the procedures to be followed by
the Contractor to prevent the production or discharge of chemicals or toxic
substances into the environment and the actions to be taken should the
discharge occur; and
(c)
The Contractor should be responsible to take all necessary measures to comply
with requirements of the Federal and Provincial Environmental Protection
Agencies, City by-laws, the Waste Management Act and any other applicable
acts and regulations in respect to air, earth and water pollutants.
RFP No. 1220-30-41-10
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C.
FACILITY PREPARATION
The Contractor agrees that opening and preparation of the Pool Facilities will be
completed in accordance with the following procedures and requirements:
1. Painting
(a)
Internal Buildings – The Contractor to advise and recommend what services
would be provided as required and agreed upon between the City and the
Contractor; and
(b)
External Buildings - Power wash and paint; and
(c)
Pool Tank - Seven (7) pools require the pool tanks to be power washed,
ground, and painted. Holly Park Pool requires power washing only. If
external facility painting is not required as determined by the City, the
Contractor to advise how the City is to receive a credit.
2. Mechanical
D.
(a)
Filtration, Disinfecting and Pumps - Maintained in accordance with approved
Equipment or Industry Specifications; and
(b)
Plumbing and Heating - Maintained and serviced to provide excellent service
by certified tradespersons; and the proponent should submit a list of their
certified trades people; and
(c)
A mechanical log book will be developed for each Pool Facility. Any
maintenance and/or repair work done to the mechanical structures and
fixtures will be recorded. These log books will remain at the Pool Facility and
then submitted to the City by September 30th each year during the Term.
(d)
Prior to the opening dates, the back flow assemblies for each of the Pool
Facilities will be tested and certified and appropriate paperwork sent to the
City’s Building Department for each assembly.
FACILITY OPERATION
1. Water Quality
(a)
The temperature will be at least 80 degrees F; and not above temperature
stated in the current Health Act,
(b)
The clarity of water will be at a level that meets the current BC Health Act, ,
and
RFP No. 1220-30-41-10
16
(c)
Free available chlorine levels are to be kept at a minimum of 1.5 ppm during
operational hours; and
(d)
Ph of pool water is to be kept at a range of 7.2 – 7.8 during operational hours;
and
(e)
Pool alkalinity and calcium hardness to be maintained with the ranges 80120ppm and 180-230ppm respectively
(f)
The Contractor should maintain records of pool chemistry tests and
adjustments, taken every 2 hours during operation, and to make these
records available to the City upon request; and
(g)
The Contractor to implement procedures to deal with fouled pool water,
equivalent to those procedures of the City.
2. Emergency and Evacuation Procedures
(a)
The Contractor should include their procedures and action plans identifying
emergency and evacuation procedures prior to the commencement of the
Agreement. The City's Representative to be informed if any subsequent
changes to the procedures are made;
(b)
The procedures may be implemented when any of the following incidents
occur:
(i)
Smoke or Fire or Alarm Sounds,
(ii)
Power Failure,
(iii)
Lightning,
(iv)
Toxic Chemical leaks,
(v)
Death or Injury,
(vi)
Lost Person,
(vii) Other Situations where the public or staff’s health is at risk;
(c)
The Contractor should provide trained and competent staff and provide a list
of their training requirements;
(d)
The Contractor should advise how they will make suitable arrangements or
ensure that the public are made aware of general safety precautions required
at the various locations and the action they are required to take in the event
RFP No. 1220-30-41-10
17
of accident or other emergency and that staff are kept fully informed of all
procedures in existence for ensuring the safety of themselves and the users
of the Pool Facilities; and
(e)
The Contractor and the City will provide a list of contacts to each other for
emergency situations.
3. Signage
(a)
The Contractor should include a list of recommended signage for Pool Facility
schedules and emergency and operational procedures which are to be
posted in a professional and semi-permanent manner and updated and
upgraded by the Proponent prior to May 1st of each year of the Term; and
(b)
The Rules & Regulation Signs pursuant to the current BC Health Act, are to
be updated and upgraded by the Proponent prior to May 1st of the operating
season.
4. Appearance
The Contractor should advise how they will ensure the site and staff are displaying a
positive public image at all times.
5. Security
The Contractor should advise and recommend a security program including
associated costs aimed to reduce vandalism and property damage to the facilities
over the outdoor pool operating season.
6. Mechanical
(a)
Filtration, Disinfecting and Pumps – Maintained and serviced by certified
tradespersons in accordance with approved Equipment or Industry
Specifications; and
(b)
Plumbing and Heating – Maintained and serviced by certified tradespersons
to provide excellent service.
7. Telephone & Utility Costs
(a)
All charges for telephone and utilities, under the terms of this Agreement, shall
be paid by the Contractor to the City on demand and may be deducted by the
City from any monies due or to become due to the Contractor under this
Agreement and may be recovered by the City from the Contractor or his surety.
RFP No. 1220-30-41-10
18
The City will invoice the Contractor on or before October 15th in each year of the
Term;
(b)
The Contractor is responsible for providing phones for Pool Facilities, and will
pay for all phone charges, including without limitation hook up, disconnection
fees and long distance. The Contractor may at its option continue to use the City
phone system and reimburse the City for all associated charges
(c)
Telephone and utility costs will be the responsibility of the Contractor. For an
example, associated costs over the last four (4) years were:
Telephone:
2006:
2007:
2008
2009
$6,854
$5,405
$6,929
$8,960
Utilities:
2006:
2007
2008
2009
$ 77,819
$ 81,570
$103,059
$ 91,885
8. Lost Property
The Contractor should advise the process and procedures to maintain a lost
and found at each of the Pool Facilities.
9. Report
E.
(a)
The Contractor should advise how they will provide a comprehensive final
report including, but not limited to, safety, lessons, guarding, customer
service, facility review, improvements required and/or recommended and
proof of staff and contractors being paid.
(b)
On or before September 30th of each year during the Term, the Contractor
will report the number of individuals and/or families who qualified for the
Leisure Access Program and participated in lessons and the total value of
lessons provided; and
PROGRAMMING
1. Lessons
(a)
The Contractor should advise what age-level swim lessons they would
provide to compliment the City’s existing programs; and
(b)
The Contractor should advise their training program for life saving and
lifeguarding related to upper level swimming instruction to compliment the
City’s existing programs; and
RFP No. 1220-30-41-10
19
(c)
The Contractor should advise how they will be responsible for all registration;
and
(d)
The Contractor should advise how they will provide access to low income
families; and as well, meet the needs of our ethno diverse public; and
(e)
The Contractor should submit each season, a summary of registrations
including names, addresses and phone numbers, which may be shared by
the City; and
(f)
The Contractor should advise the level of staff certification required for lesson
Instructors.
2. Lifeguarding
(a)
The Contractor should advise how they will provide professional lifeguarding
services for Outdoor Aquatics as indicated in the schedules. This will include
lifeguarding of swim clubs, public swimming pool rentals and School Board
sessions. School Board use - rental allocation will be coordinated by the
Contractor; and
(b)
No admission fee to be charged to enter the pools; and
(c)
The Contractor should set fees in accordance with the City of Surrey’s current
Fees and Charges schedule; and
(d)
All lifeguards to maintain a current NLS award and C.P.R. Basic Rescuer
Certificate; and
(e)
The ratio of lifeguards to participants must always be with in accordance of
current Provincial Regulations to ensure the same level of care for swimmers
as the City of Surrey’s Indoor Pools.
(f)
The Contractor should advise on each pool’s operational capacity and devise
a plan for hot weather, short term increases in participation
3. Administration
(a)
The Contractor should advise how they will work with the City's
Representative to ensure a successful preparation, operation and transfer of
responsibilities back to the City upon completion of this Agreement; and
(b)
The Contractor should also advise how they will work with the City's
Representative to ensure amicable and informative communication on a
regular basis.
RFP No. 1220-30-41-10
20
F.
G.
(c)
The Contractor should advise how they will be responsible in complying and
maintaining all current BC Health Act regulations in regards to pool
operations.
(d)
The Contractor to agree to allow access to the City Representative and
delegates at any time.
SHUT DOWN
1.
The Contractor should be responsible for winterizing all equipment and piping,
and sign off on the Pool Facilities that are in as good, or better condition than
they were accepted; and
2.
The Contractor should adhere to the closing procedures as determined by the
City and will be subject to an inspection three (3) to four (4) weeks following the
closure of the pool facilities for the season. These inspections will be conducted
with a representative of the Contractor and the City. Any deficiencies not
completed within the designated time frame will be subject of a FIVE HUNDRED
($500.00) DOLLAR penalty.
3.
The Contractor will be responsible for replacement of frost-damaged
infrastructure.
TERM
1.
Initial Term
The City intends to engage the Contractor for a period of three (3) years (“Initial
Term”).
2.
Renewal Term(s)
The contract will not automatically renew. The City may, at its sole discretion,
continue the contract for two (2) additional one-year terms, upon a ninety (90)
day written notice from the City, subject to satisfactory performance, and
achievement of agreed productivity targets of the Contractor, as determined by
the City representative, or designate, of the then current term, of its intention to
exercise this option under the terms and conditions of the contract, and shall not
exceed rates specified, incorporated into the contract, and under all other terms
and conditions specified in the contract
3.
Term
Collectively, the Initial Term and any renewals as specified above are referred to
as the “Term”.
RFP No. 1220-30-41-10
21
H.
EXTERNAL RELATIONSHIPS
Contractors will be expected to indicate in their proposals not only how they will comply
with Fraser Health, but also what processes the Contractor will implement to build a
positive relationship with Fraser Health and any other regulatory agencies.
I.
ADDITIONAL INFORMATION
1.
All office supplies and furniture, locks, all signage (permanent and seasonal), ring
buoys, reaching poles, pool vacuums, pool vacuum heads and poles, all
mechanical equipment including Chlorine booster pumps is the responsibility of
the contractor.
Play equipment, mats, toys, lifejackets, kickboards, etc., and any required
equipment not listed above are to be provided by the contractor.
2.
Participation numbers are included as follows:
City of Surrey Outdoor Pools – Summary of Participation, 2007-2010
YEAR
LESSON
PARTICIPATION
PUBLIC SWIM
PARTICIPATION
SWIM CLUB
PARTICIPATION
SCHOOL
BOARD
TOTAL
SWIMS
2007
3,505
87,280
9,467
7,461
107,713
2008
3,603
124,644
10,097
6,206
144,550
2009
4,278
145,533
11,299
5,814
166,924
2010
3,890
130,373
9,857
5,493
149,613
3.
The City seeks to provide a quality, accessible Learn-to-Swim programs for all
residents. Offering lessons at neighbourhood outdoor pools encourages lesson
participation and is not seen as competitive or redundant with Indoor Pool
offerings, but rather as complementing existing programs to provide a complete
Aquatic lesson package.
Where pools are not currently offering a full
complement of lessons, a business decision has been made by the contractor
based on low demand for services in that neighbourhood.
RFP No. 1220-30-41-10
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4.
Currently, the operator recognizes the City’s Leisure Access Program that
applies to pre-school and child level learn-to-swim participants. This program
allows for participants to pay 25% of the fee for applicable courses and does not
apply to upper level lifesaving and life guarding courses. (2010 saw 168
registrations through this program, for a total subsidy of $6,600.00)
5.
Capital Works: Schedule A – Services (page 13, #8 (e)) indicates the contractor
would pay the City the first $500 of each capital expenditure to a maximum of
$4,000 (8 occurrences).
Capital Improvements: Schedule A – Services (page 13, #8 (g)) refers to two
$1,000 capital improvements per year.
Both of these apply:
Capital Works: Schedule A – Services (page 13, #8 (e)) refers to necessary
capital expenditures, which may occur throughout operation, such as mechanical
repairs.
Capital Improvements: Schedule A – Services (page 13 - #8 (g)) refers to
contractually obligated improvements to existing buildings or equipment.
6.
The Contractor is responsible to provide security services during the operating
season and will be required to assume financial responsibility for the alarm
monitoring program. Current alarm monitoring cost is approximately $1,600 per
month. This may include alarms, patrols, or other security measures. The City
does not have a security program in place for parks, however, patrols are
conducted by RCMP and City By-law officers. In addition, parks personnel
perform duties in these areas, and are in a position to report suspicious activity to
the RCMP where warranted.
7.
Greenaway, Holly, Sunnyside, Unwin are connected directly to sanitary sewer via
a gravity drain.
Hjorth Road – pre-season and preparation water from pool is pumped to the
sanitary sewer.
Kwantlen – portable pump is required to pump the last 2 – 3 feet of pre-season
and preparation water to sanitary sewer manhole located on the south side of
pool fence.
Bear Creek – portable pump is required to pump the last 4 –5 feet of pre-season
and preparation water to sanitary sewer manhole located on west side of pool
building.
Port Kells – portable pump is required to pump all pre-season and preparation
water to disposal system manhole located on the north side of pool fence. The
disposal system is rated for 8000 GPM/24 hours.
RFP No. 1220-30-41-10
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8.
Chemical costs are paid by the contractor and information is not available for
release. Revenue figures are not given to the City and are not available.
9.
Details of chemical delivery are the contractor’s responsibility.
10.
Emergency Procedure planning is the responsibility of the contractor.
11.
Staff training and education are the responsibility of the contractor.
12.
The contractor is responsible for maintaining all applicable procedures and
training.
13.
All of the pools use Sodium Hypochlorite as disinfecting agent.
14.
Bear Creek & Hjorth Road pools share the same design. Sunnyside, Unwin &
Holly pools share the same design. Greenaway, Port Kells & Kwantlen share the
same design.
15.
City of Surrey Outdoor Pool Fixed Assets are the property of the City, see table
below
Domestic Shower Hot Water Tank
Pool Boiler
Lifeguard Chairs
Lockers
Desks
Office Chairs
RFP No. 1220-30-41-10
8
8
13
10 large
44 small
8
8
24
OUTDOOR POOL LOCATIONS
Bear Creek Pool
13820-88th Avenue
Port Kells Outdoor Pool
19340-88th Avenue
Greenaway Outdoor Pool
17901-60th Avenue
Hjorth Road Park Pool
10277-148th Street
Holly Park Pool
10662-148th Street
Kwantlen Park Pool
13035-104th Avenue
Sunnyside Outdoor Pool
15455-26th Avenue
Unwin Park Pool
6845-133rd Street
SCHEDULE OF OPERATIONS
(number of days listed are approximate and will be finalized for the Agreement)
Bear Creek Pool
Sunnyside Pool
Greenaway Pool
Hjorth Road Pool
Holly Park Pool
Kwantlen Pool
Unwin Pool
Port Kells Pool
RFP No. 1220-30-41-10
May - September
May - September
June - September
June - September
June - September
June - September
June - September
June - September
113 days
113 days
85 days
66 days
66 days
66 days
66 days
66 days
25
START-UP PROCEDURES – OUTDOOR POOLS
Filters – Sand
1. New filters with inspection hatches - Open hatch and view sand, level and clean off
accumulated debris (paint chips etc.)
2. On older filters with multi-valve on top – not opened annually as the valves are old and
may not go back in place.
3. Put drain plugs back in tanks
Filters - DE
1. Inspect all elements and bags for wear or tears
2. Check out operation of safety valves (high pressure and high and low levels)
3. Check out all valves, tank drain, gutter, main drain, precoat by-pass
Pumps
1. Check bearings for lubrication, grease those with grease nipples annually
2. Put drain plugs back in
3. Pump out surge tank and check float assembly
Hair/Lint Strainer
1. Check lid for corrosive, wire brush if necessary
2. Check sealing rings for wear, replace if necessary
3. Replace drain plug
Valves
1. Check all filter control valves for ease of movement
Flow Gauge
1. Remove sending unit and remove debris make sure it is free wheeling
Boilers
1. Remove stack
2. Remove top cover
3. Clean out with compressed air and vacuum every year and descale every two (2) years
4. Check heat exchanger for corrosion and build up. De-scale as needed.
5. Remove burner unit and clean, replace
6. Check pilot light and transformer
7. Check flow switch and paddles in water flow
8. Check all safety switches
Domestic Hot Water System
1. Lubricate circulating pump
2. Close all drain valves
3. Fill and check circulation
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4. Check pilot light unit
5. Check burner and gas valve
Chlorine Pump
1. Replace discharge tubing in pump
2. Lubricate drive unit
3. Clean motor area
Back Flow Preventer
1. Test, certify and forward test reports to City Hall Plumbing Division
Pool Basin
1. Power wash
2. Grind any rough areas, feather edges
3. Check – main drain, and hydro-static relief valve
4. Check – inlets
5. Paint basin and lines or pattern
6. Paint on depth markings, shallow and deep water
Gutters
1. Clean out gutters trough
2. Check and install gutters
Signs
1. Install all signs - Rules, Schedules, Showers, etc.
2. Install netting on diving boards
Washrooms
1. Sinks - install plugs and taps – check that they are working
2. Toilets - put covers on flush valves, test flush
3. Soap dispensers – fill and check
4. Paper dispenser – fill and check
5. Showers – ensure they are working and adequate water flow
6. Install drinking fountain, repair leaks
After filling Pool
1. Start circulating pump and circulate pool water, check flow, and tank pressures, take
amp readings of main pool pump
2. Fire boiler and check operation:




Differential water temperatures
Check flame pattern and colour
Check gas metre for BTU production
Check operation of all safety controls
3. Gas fired appliances, check operation of all safety controls and clock gas meter
RFP No. 1220-30-41-10
27
4.
5.
6.
7.
8.
Turn on chlorine pump
Test water
Adjust – alkalinity, hardness, pH, and chlorine
Vacuum pool
Check exhaust fan, maintain for season
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SHUT-DOWN PROCEDURES - OUTDOOR POOLS
Filters – Sand
1. New filters with inspection hatches - leave hatch loose but not open (mice get in
otherwise)
2. On older filters with multi-valve on top - leave closed due to age of valve
3. Remove drain plugs back in tanks
Filters - DE
1. Drain tank and clean elements
2. Leave all valves partially open
Pumps
1. Remove drain plugs
Hair/Lint Strainer
1. Remove lid
2. Remove drain plug – antifreeze if it does not completely drain
Valves
1. Partially open all valve (especially ball valves)
Boilers
1. Remove drain plugs
2. Turn off gas at gas meter and at boiler
3. Partially open all valve (especially ball valves)
4. Remove end manifolds on boilers to drain heat exchangers
5. Drain all external heat exchangers (Bear Creek and Hjorth Pools)
Other
1. Remove netting from diving boards at Hjorth and Bear Creek Pools
Domestic Water System
1.
2.
3.
4.
Winterize all domestic water lines
Partially open all valve (especially ball valves)
Open drain valves
Shut off gas line
Chlorine Pump
1. Remove pump – for rebuild over winter
2. Drain lines
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29
Back Flow Preventers
1. Loosen and rotate to drain. Remove and store in warm environment if water can’t be
thoroughly removed from assemblies
Pool Basin
1. Drain or leave filled depending on potential of frost heave
Gutters
1. Remove and store in change rooms in numbered order
Signs
1. Remove signs
2. Install – winter signs
Washrooms
1. Sinks - remove plugs and taps, anti freeze in traps
2. Toilets - remove covers on flush valves, put anti freeze in bowl from flush units to bowls
3. Soap dispensers – empty and clean
4. Paper dispenser – remove paper
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SCHEDULE B
SAMPLE AGREEMENT
For
OUTDOOR POOL OPERATIONS
CITY OF SURREY
and
___________________________________
(CONTRACTOR)
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SCHEDULE B – SAMPLE AGREEMENT
TABLE OF CONTENTS
1.
INTERPRETATION ................................................................................................... 33
1.1
Definitions .......................................................................................................... 33
1.2
Appendices ........................................................................................................ 34
2.
SERVICES ................................................................................................................ 34
2.1
Services ............................................................................................................. 34
2.2
Amendment of Services ..................................................................................... 34
2.3
Additional Services ............................................................................................ 34
2.4
Standard of Care ............................................................................................... 35
2.5
Term .................................................................................................................. 35
2.6
Time .................................................................................................................. 35
2.7
Changes to Scope of Work ................................................................................ 35
2.8
Extra Work ......................................................................................................... 36
3.
PERSONNEL ............................................................................................................ 36
3.1
Qualified Personnel ........................................................................................... 36
3.2
Listed Personnel and Sub-Contractors .............................................................. 37
3.3
Replacement of Personnel or Sub-Contractors .................................................. 37
3.4
Sub-Contractors and Assignment ...................................................................... 37
3.5
Agreements with Sub-Contractors ..................................................................... 37
4.
LIMITED AUTHORITY .............................................................................................. 37
4.1
Agent of City ...................................................................................................... 37
4.2
Independent Contractor ..................................................................................... 37
5.
SERVICES ................................................................................................................ 37
5.1
Fees .................................................................................................................. 37
5.2
Payment ............................................................................................................ 38
5.3
Disbursements ................................................................................................... 38
5.4
Records ............................................................................................................. 39
5.5
Non-Residents ................................................................................................... 38
6.
CITY RESPONSIBILITIES ........................................................................................ 39
6.1
City Information.................................................................................................. 39
6.2
City Decisions .................................................................................................... 39
6.3
Notice of Defect ................................................................................................. 39
7.
INSURANCE AND DAMAGES ................................................................................. 39
7.1
Indemnity ........................................................................................................... 39
7.2
Survival of Indemnity ......................................................................................... 40
7.3
Contractor’s Insurance Policies .......................................................................... 40
7.4
Insurance Requirements .................................................................................... 40
7.5
Waiver of Subrogation ....................................................................................... 41
7.6
Additional Insurance .......................................................................................... 41
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SCHEDULE B – SAMPLE AGREEMENT
TABLE OF CONTENTS (CONT’D)
8.
TERMINATION ......................................................................................................... 41
8.1
By the City ......................................................................................................... 41
8.2
Termination for Cause ....................................................................................... 41
8.3
Curing Defaults.................................................................................................. 42
9.
APPLICABLE LAWS, BUILDING CODES AND BY-LAWS ..................................... 42
9.1
Applicable Laws ................................................................................................ 42
9.2
Codes and By-Laws .......................................................................................... 42
9.3
Interpretation of Codes ...................................................................................... 42
10.
CONFIDENTIALITY AND DISCLOSURE OF INFORMATION ................................. 42
10.1 No Disclosure .................................................................................................... 42
10.2 Freedom of Information and Protection of Privacy Act ....................................... 43
10.3 Return of Property ............................................................................................. 43
11.
USE OF WORK PRODUCT ...................................................................................... 43
12.
WORKERS’ COMPENSATION BOARD AND OCCUPATIONAL HEALTH AND
SAFETY ................................................................................................................... 43
13.
BUSINESS LICENSE ............................................................................................... 44
14.
DISPUTE RESOLUTION .......................................................................................... 44
14.1 Dispute Resolution Procedures ......................................................................... 44
15.
JURISDICTION AND COUNCIL NON-APPROPRIATION ........................................ 45
16.
GENERAL ................................................................................................................ 45
16.1 Entire Agreement .............................................................................................. 45
16.2 Amendment ....................................................................................................... 45
16.3 Survival of Obligations ....................................................................................... 45
16.4 Cumulative Remedies ....................................................................................... 45
16.5 Notices .............................................................................................................. 45
16.6 Unenforceability................................................................................................. 46
16.7 Headings ........................................................................................................... 46
16.8 Singular, Plural and Gender .............................................................................. 46
16.9 Waiver ............................................................................................................... 46
16.10 Grant of License ................................................................................................ 46
16.11 Security ............................................................................................................. 46
APPENDICES (the following to be inserted during agreement assembly)
APPENDIX 1 – SCOPE OF SERVICES
APPENDIX 2 – FEES AND PAYMENT
APPENDIX 3 – TIME SCHEDULE
APPENDIX 4 – PERSONNEL AND SUB-CONTRACTORS
APPENDIX 5 – ADDITIONAL SERVICES
RFP No. 1220-30-41-10
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OUTDOOR POOL OPERATIONS AGREEMENT
REFERENCE No.: 1220-30-41-10
THIS AGREEMENT dated the ________ day of ____________ 2011.
BETWEEN:
CITY OF SURREY
14245 - 56th Avenue
Surrey, British Columbia
V3X 3A2
(the “City”)
OF THE FIRST PART
AND:
(the “Contractor“)
OF THE SECOND PART
WHEREAS
A.
The City owns eight (8) outdoor swimming pools known as Bear Creek Pool, Greenaway Outdoor
Pool, Hjorth Road Park Pool, Holly Park Pool, Kwantlen Park Pool, Unwin Park Pool, Port Kells Outdoor
Pool and Sunnyside Outdoor Pool whose addresses are set out in the Schedule of Outdoor Pools set
out as Schedule "A" to this Agreement (collectively the "Pool Facilities"). Pool Facilities means the pools
referred to in Schedule "A", the pump house(s), change rooms, entrances, pool decks and fences
surrounding and protecting the pool areas.
B.
The City wishes to retain the services of the Contractor to open the Pool Facilities, to operate and
maintain the Pool Facilities and to winterize the Pool Facilities in accordance with the terms of this
Agreement.
C.
The Contractor has agreed to open, operate and maintain and winterize the Pool Facilities in
accordance with the terms of this Agreement.
NOW THEREFORE THIS CONTRACT WITNESSETH that in consideration of the premises and
payment of one ($1.00) dollar and other good and valuable consideration paid by each of the parties to
each other (the receipt and sufficiency of which is hereby acknowledges), the parties hereby covenant
and agree with each other as follows:
1.
INTERPRETATION
1.1
DEFINITIONS
In this agreement the following definitions apply:
RFP No. 1220-30-41-10
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“Disbursements” has the meaning set out in section 5.3;
“Dispute” has the meaning set out in section 14.1;
“Fees” has the meaning set out in section 5.1;
“Indemnitees” has the meaning set out in section 7.1
"Invoice" has the meaning set out in section 5.2(a);
“Services” has the meaning set out in section 2.1;
"Term" has the meaning set out in section 2.5; and
“Time Schedule” has the meaning set out in section 2.6.
1.2
Appendices
The following attached Appendices are a part of this agreement:
Appendix 1 – Scope of Services;
Appendix 2 – Fees and Payment;
Appendix 3 – Time Schedule;
Appendix 4 – Personnel and Sub-Contractors; and
Appendix 5 – Additional Services.
2.
SERVICES
2.1
Services
The City hereby retains the Contractor to provide the consulting and professional services as described
generally in Appendix 1, including anything and everything required to be done for the fulfillment and
completion of this agreement (the “Services”).
2.2
Amendment of Services
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 Appendix 2.
2.3
Additional Services
The Contractor will, if requested in writing by the City, perform additional services as may be listed in
Appendix 5. The terms of this agreement will apply to any additional services, and the fees for additional
services, and the time for the Contractor’s performance, will generally correspond to the fees and time of
performance as described in Appendices 2 and 3. The Contractor will not provide any additional
services in excess of the scope of services requested in writing by the City.
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2.4
Standard of Care
(a)
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.
The Contractor represents that it has the expertise, qualifications, resources and relevant
experience to provide the Services.
(b)
The Contractor covenants and agrees with the City that subject to the terms and conditions
hereof, it shall operate and maintain the Pool Facilities according to the highest standards of
professional conduct which may be expected from full-time operators of swimming pool
recreation facilities and shall discharge its duties under this Agreement honestly, in good faith
and in the best interests of the Contractor and the City;
2.5
Term
2.6
(a)
This contract shall be in effect for a thirty six month period with the option to renew for two
additional twelve month periods to a maximum total contract term of 60 months, subject to
agreement between the Proponent and the participants in the contract. Any pricing changes
and the addition or deletion of items, for any extension period, will be negotiated between the
Contractor and the City.
(b)
The Pool Facilities may remain open past the September Labour Day weekend if agreed
to in advance by the City. The Contractor shall provide to the City the daily cost of
maintaining operations at each location after the scheduled dates. The City shall not be
liable for any costs of operating the Pool Facilities past the Labour Day weekend unless
such operation has been agreed to in advance of the period of continued operation; and
(c)
The Contractor shall have access to the Pool Facilities two (2) months before and after
the first and last dates specified in the Schedule of Operations attached as Schedule "B".
The parties agree that the Contractor is responsible until the Contractor delivers a written
notice to the City at the end of each year transferring the risk back to the City and
acknowledging that all of the Contractor's obligations pursuant to this Agreement are
completed for that year. The Contractor may have access to the Facilities after sign off
with verbal authorization with Parks and Recreation management.
Time
The Contractor acknowledges that time is of the essence with respect to the provision of the Services
and accordingly the Contractor will provide the Services within the performance or completion dates or
time periods (the "Time Schedule") as set out in Appendix 3, or as otherwise agreed to in writing by the
City and the Contractor. If at any time the Contractor discovers that the Time Schedule cannot be met it
will immediately advise the City in writing and provide a revised Time Schedule.
2.7
Changes to Scope of Work
The City may make changes in the Work, including without limitation the decommissioning of any
of the Pool Facilities at any time during the Term of the Agreement. Where any of the Pool
Facilities are decommissioned at any time during the Term of the Agreement, the parties agree
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that the total compensation payable by the City to the Contractor in Paragraph C.l (a) shall be
reduced by at least ________________________________($_______) plus HST for the first
Pool Facility and at least _________________________________($______) plus HST for the
second and any additional Pool facilities decommissioned. For any other changes in the Work
other than the decommissioning of the Pool Facilities at any time during the Term of the
Agreement, which results in an increase or decrease in the amount of work to be completed by
the Contractor, the parties agree to negotiate a change in remuneration which must be confirmed
in writing before the City is liable to pay the same, provided that paragraph C.1(e) shall
supersede this paragraph C.2.
2.8.
Extra Work
(a)
At any time during the term of this Agreement, the City's Representative may, by written
order, direct the Contractor to perform work which is in addition to the work required by
this Agreement. Such work is referred to herein as "Extra Work" and may include the
provisions of labour, equipment and materials, or any combination thereof. The City's
Representative shall order Extra Work only when it is, in the City's Representative
opinion, necessary for the proper completion of this Agreement, or to assist employees of
the City or its agents or contractors with regard to work which is required at the Pool
Facilities. The Contractor agrees that it will perform Extra Work as and when directed by
the City's Representative;
(b)
The Contractor shall be paid for Extra Work at an amount to be agreed upon between the
parties. Failing agreement, then the parties shall refer the matter to an arbitrator pursuant
to Paragraph C. 6. Extra Work will be paid for on separate invoices substantiated by
approved field reports;
(c)
If the Contractor wishes to subcontract any Extra Work, it shall make special application
to the City's Representative for approval to subcontract and for approval of the
subcontractor proposed; and
(d)
The City's Representative may, at his unfettered option, also direct another contractor to
perform the Extra Work.
3.
PERSONNEL
3.1
Qualified Personnel
(a)
(b)
(c)
The Contractor will provide only professional personnel who have the qualifications,
experience and capabilities to perform the Services.
The Contractor represents and warrants to the City that it has and agrees that it will
continue to have the facilities, personnel and expertise to fulfill its obligations set forth
herein;
The Contractor shall provide a multi-cultural coordinator who works full time throughout
the operation of the Pool Facilities to provide translation services to Pool Facility users, as
approved by the City; and
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3.2
Listed Personnel and Sub-Contractors
The Contractor will perform the Services using the personnel and sub-contractors as may be listed in
Appendix 4 and the Contractor will not remove any such listed personnel or sub-contractors from the
Services without the prior written approval of the City.
3.3
Replacement of Personnel or Sub-Contractors
If the City reasonably objects to the performance, qualifications, experience 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.
3.4
Sub-Contractors and Assignment
Except as provided for in section 3.2, the Contractor will not engage any personnel or 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.
3.5
Agreements with Sub-Contractors
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.
4.
LIMITED AUTHORITY
4.1
Agent of City
The Contractor is not and this agreement does not render the Contractor an agent or employee of the
City and without limiting the above, the Contractor does not have authority to enter into any contract or
reach any agreement on behalf of the City, except for the limited purposes as may be expressly set out
in this agreement, or as necessary in order to perform the Services. The Contractor will make such lack
of authority clear to all persons with whom the Contractor deals in the course of providing the Services.
4.2
Independent Contractor
The Contractor is an independent contractor. This agreement does not create the relationship of
employer and employee, a partnership, or a joint venture. The City will not control or direct the details,
means or process by which the Contractor performs the Services. The Contractor will determine the
number of days and hours of work required to properly and completely perform the Services. The
Contractor is primarily responsible for performance of the Services and may not delegate or assign any
Services to any other person except as provided for in section 3.4. The Contractor will be solely liable
for the wages, fringe benefits, work schedules and work conditions of any partners, employees or subcontractors.
5.
FEES AND DISBURSEMENTS
5.1
Fees
The City will pay to the Contractor the fees as set out in Appendix 2 (the “Schedule of Prices”).
Payment by the City of the Fees and Disbursements will be full payment for the Services and the
Contractor will not be entitled to receive any additional payment from the City.
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5.2
Payment
Subject to any contrary provisions set out in Appendix 2:
(a)
the Contractor will submit a monthly invoice (the "Invoice") to the City requesting payment
of the portion of the Fees and the Disbursements relating to the Services provided in the
previous month, and including the following information:
(1)
an invoice number;
(2)
the Contractor's name, address and telephone number;
(3)
the City's reference number for the Services [1220-30-41-10] and purchase order
number;
(4)
the names, charge-out rates and number of hours worked in the previous month
of all employees of the Consultant and any sub-contractors that have performed
services during the previous month:
(5)
the percentage of Services completed at the end of the previous month:
(6)
taxes (if any); and
(7)
grand total of the Invoice;
(b)
if the City reasonably determines that any portion of an Invoice is not payable then the
City will so advise the Contractor;
(c)
the City will pay the portion of an Invoice which the City determines is payable within 30
days of the receipt of the Invoice, except the City may hold back from payments 10% of
the amount the City determines is payable to the Contractor until such time as the
Contractor provides its final report to the City; and
(d)
if the Contractor offers the City a cash discount for early payment, then the City may, at
the City’s sole discretion, pay the portion of an Invoice which the City determines is
payable at any time after receipt of the Invoice.
Invoices will be submitted by the Contractor by mail to:
Name:
Address:
5.3
Disbursements
In addition to the Fees, the City will reimburse the Contractor for actual out-of-pocket costs and
expenses (“Disbursements”) as identified in Appendix 2 which the Contractor, and approved subcontractors, incurs in the performance of the Services, plus any additional Disbursements with the prior
written approval of the City.
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.
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5.4
Records
The Contractor will prepare and maintain proper records related to the Services, including records,
receipts and invoices relating to Disbursements. On request from the City, the Contractor will make the
records available open to audit examination by the City at any time during regular business hours during
the time the Contractor is providing the Services and for a period of six years after the Services are
complete.
5.5
Non-Residents
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.
6
CITY RESPONSIBILITIES
6.1
City Information
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 relate to the 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.
6.2
City Decisions
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.
6.3
Notice of Defect
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.
7.
INSURANCE AND DAMAGES
7.1
Indemnity
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, suits, 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.
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7.2
Survival of Indemnity
The indemnity described in section 7.1 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.
7.3
Contractor's Insurance Policies
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)
(b)
7.4
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, agents, and sub-contractors. 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 issued to each insured. The insurance
will include, but not be limited to:

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.
Insurance Requirements
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.
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7.5
Waiver of Subrogation
The Contractor hereby waives all rights of recourse against the City for loss or damage to the
Contractor's property.
7.6
Additional Insurance
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.
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.
8.
TERMINATION
8.1
By the City
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, such notice to be determined by the City at its sole discretion.
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. Despite any
other provision of this agreement, 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 in its sole discretion. 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.
8.2
Termination for Cause
The City may terminate this agreement for cause as follows:
(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;
or
(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 this Section, then the City may:
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8.3
(c)
enter into contracts, as it in its sole discretion sees fit, with other persons to complete the
Services;
(d)
withhold payment of any amount owing to the Contractor under this agreement for the
performance of the Services;
(e)
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
(f)
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.
Curing Defaults
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.
9.
APPLICABLE LAWS, BUILDING CODES AND BY-LAWS
9.1
Applicable Laws
This agreement will 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 be brought in such courts.
9.2
Codes and By-Laws
The Contractor will provide the Services in full compliance with all applicable laws, building codes and
regulations.
9.3
Interpretation of Codes
The Contractor will, as a qualified and experienced professional, interpret applicable codes, laws and
regulations applicable to the performance of the Services. If an 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.
10.
CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
10.1
No Disclosure
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.
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10.2
Freedom of Information and Protection of Privacy Act
The Contractor acknowledges that the City is subject to the Freedom of Information and Protection of
Privacy Act of British Columbia and agrees to any disclosure of information by the City required by law.
10.3
Return of Property
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.
11.
USE OF WORK PRODUCT
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.
12.
WORKERS' COMPENSATION BOARD AND OCCUPATIONAL HEALTH AND SAFETY
12.1
The Contractor will, at its own expense, procure and carry full Workers' Compensation Board
coverage for itself and all workers, employees, servants and others engaged in the supply of the
Goods and Services. The City has the unfettered right to set off the amount of the unpaid
premiums and assessments for the Workers' Compensation Board coverage against any monies
owning by the City to the Contractor. The City will have the right to withhold payment under this
Agreement until the Workers' Compensation Board premiums, assessments or penalties in
respect of the Goods and Services have been paid in full.
12.2
The Contractor will provide the City with the Contractor's Workers' Compensation Board
registration number and a letter from the Worker's Compensation Board confirming that the
Contractor is registered in good standing with the Workers' Compensation Board.
12.3
The Contractor agrees that it is the prime contractor for the Services for the purposes of the
Workers Compensation Act. The Contractor will have a safety program in place that meets the
requirements of the Workers' Compensation Board Occupational Health and Safety Regulation
and the Workers Compensation Act. As prime contractor, the Contractor will be responsible for
appointing a qualified coordinator for insuring the health and safety activities for the location of
the Services. The qualified coordinator is:
Name: ____________________________
Contact No. ______________________
The Contractor will advise the City immediately in writing if the name or contact number of the
qualified coordinator changes.
12.4
Without limiting the generality of any other indemnities granted by the Contractor in this
Agreement, the Contractor will indemnify and save harmless the Indemnitees from and against all
claims, demands, causes of action, suits, losses, damages, costs, liabilities, expenses,
judgments, penalties and proceedings (including all actual legal costs) which any of the
Indemnitees incur, suffer or are put to arising out of or in any way related to unpaid Workers'
Compensation Board assessments owing from any person or corporation engaged in the
performance of this Agreement or arising out of or in any way related to the failure to observe
safety rules, regulations and practices of the Workers' Compensation Board, including penalties
levied by the Workers' Compensation Board.
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12.5
The Contractor will ensure compliance with and conform to all health and safety laws, by-laws or
regulations of the Province of British Columbia, including without limitation the Workers
Compensation Act and Regulations pursuant thereto.
12.6
The City may, on twenty-four (24) hours written notice to the Contractor, install devices or rectify
any conditions creating an immediate hazard existing that would be likely to result in injury to any
person. However, in no case will the City be responsible for ascertaining or discovering, through
inspections or review of the operations of the Contractor or otherwise, any deficiency or
immediate hazard.
12.7
The Contractor understands and undertakes 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 System (WHMIS)" Regulations.
All "Material Safety Data Sheets (MSDS)" will be shipped along with the Goods and any future
MSDS updates will be forwarded.
13.
BUSINESS LICENSE
The Contractor will obtain and maintain throughout the term of this Agreement a valid City of Surrey
business license.
14.
DISPUTE RESOLUTION
14.1
Dispute Resolution Procedures
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 14.
(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 negotiated resolution,
then either party may without further notice commence litigation.
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15.
JURISDICTION AND COUNCIL NON-APPROPRIATION
15.1
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.
15.2
The Contractor recognizes and agrees that the City cannot make financial commitments beyond
the City's current fiscal year. The City will annually make bonafide requests for appropriation of
sufficient funds to cover all payments covered by this Agreement. If City Council does not
appropriate funds, or appropriates insufficient funds, the City will notify the Contractor of its
intention to terminate or reduce the services so affected within 30 days after the nonappropriation becomes final. Such termination shall take effect 30 days from the date of
notification, shall not constitute an event of default and shall relieve the City, its officers and
employees, from any responsibility or liability for the payment of any further amounts under this
Agreement.
16.
GENERAL
16.1
Entire Agreement
This agreement, including the Appendices and any other documents expressly referred to in this
agreement as being a part of 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 provision of the Services.
16.2
Amendment
This agreement may be amended only by agreement in writing, signed by both parties.
16.3
Survival of Obligations
All of the Contractor's obligations to perform the Services in a professional and proper manner will
survive the termination or completion of this agreement.
16.4
Cumulative Remedies
The City’s remedies under this agreement are cumulative and in addition to any right or remedy which
may be available to the City at law or in equity.
16.5
Notices
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 provided for, and will be deemed to be validly given to and received
by the addressee, if delivered personally, on the date of such personal delivery, if delivered by facsimile,
on transmission, or if by mail, five calendar days after posting. The addresses for delivery will be as
follows:
To the City:
Attention:
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To the Contractor:
Attention:
16.6
Unenforceability
If any provision of this agreement is invalid or unenforceable, it will be severed from the agreement and
will not affect the enforceability or validity of the remaining provisions of the agreement.
16.7
Headings
The headings in this agreement are inserted for convenience of reference only and will not form part of
nor affect the interpretation of this agreement.
16.8
Singular, Plural and Gender
Wherever the singular, plural, masculine, feminine or neuter is used throughout this agreement the same
will be construed as meaning the singular, plural, masculine, feminine, neuter or body corporate where
the context so requires.
16.9
Waiver
No waiver by either party of any breach by the other party of any of its covenants, obligations and
agreements will be a waiver of any subsequent breach or of any other covenant, obligation or
agreement, nor will any forbearance to seek a remedy for any breach be a waiver of any rights and
remedies with respect to such or any subsequent breach.
16.10 Grant of License
The City grants to the Contractor a license to enter and be upon the lands adjacent and part and parcel
of the Pool Facilities during the Term to open, operate, maintain and close the Pool Facilities in
accordance with this Agreement
16.11 Security
(a)
Before the Agreement takes effect, the Contractor shall at its sole expense furnish to the
City security in the form of a letter of credit or bank draft in the amount of FIFTY
THOUSAND ($50,000.00) DOLLARS (the "Security") in the form satisfactory to the City
as a guarantee for the due and faithful performance of this Agreement by Contractor;
(b)
The City may draw on the Security to carry out the duties obligations and responsibilities
of the Contractor under this Agreement if such is not completed to the City's satisfaction
in accordance with the terms of this Agreement after a determination has been made in
accordance with the terms of this Agreement;
(c)
The City shall not be responsible nor shall it pay to the Contractor any interest on the
Security; and
(d)
The City may draw down on the Security required to remedy any breach of this
Agreement and any damages resulting as a result of said breach of this Agreement by the
Contractor, however, such amount shall not be considered to be liquidated damages and
RFP No. 1220-30-41-10
47
the Contractor shall be liable for any additional loss, damage, expense and costs,
including actual legal costs arising as a result of any breach of the terms of this
Agreement.
IN WITNESS WHEREOF the parties have duly executed this agreement as of the day and year first
above written.
CITY OF SURREY
by its authorized signatories:
[CONTRACTOR]
by its authorized signatory(ies)
________________________________
DIANNE L. WATTS
Mayor
____________________________
...................Director
________________________________
JANE SULLIVAN
City Clerk
____________________________
...................Director
RFP No. 1220-30-41-10
48
Appendices 1 through 5 will be inserted here if an Agreement is assembled for execution,
including the RFP and the successful Proposal.
APPENDIX 1 – SCOPE OF SERVICES
APPENDIX 2 – FEES AND PAYMENT
APPENDIX 3 – TIME SCHEDULE
APPENDIX 4 – PERSONNEL AND SUB-CONTRACTORS
APPENDIX 5 – ADDITIONAL SERVICES
RFP No. 1220-30-41-10
49
SCHEDULE C
FORM OF PROPOSAL
Title:
OUTDOOR POOL OPERATIONS
Reference No.:
1220-30-41-10
RFP No. 1220-30-41-10
50
SCHEDULE C – FORM OF PROPOSAL
RFP Project Title:
Outdoor Pool Operations
RFP Reference No.:
1220-30-41-10
Legal Name of Proponent:
Contact Person and Title:
Business Address:
Telephone:
Fax:
E-Mail Address:
TO:
ACTING, PURCHASING & AP MANAGER
Finance & Technology Department
Purchasing Section
City of Surrey
6645 – 148 Street
Surrey, BC Canada
V3S 3C7
Dear Sir:
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. 1220-30-41-10
51
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 _________________________, 2010.
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. 1220-30-41-10
52
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,
b)
Workers' Compensation Registration Number _________________________________________;
Prime Contractor qualified coordinator is Name: __________________ and Contact Number:
______________;
c)
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: Insurance Certificate, titled City of
Surrey Certificate of Insurance Standard Form);
d)
City of Surrey business license;
e)
If the Proponent's Goods and Services are subject to HST, the Proponent's HST Number is
____________________________________; and
f)
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. 1220-30-41-10
Departure / Alternative
53
SCHEDULE C-2
PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES
Proponent to use this page to provide detailed information and narrative including the following points
(use the spaces provided and attach additional pages if necessary):
Location of branches (address), background, stability, structure of the Proponent:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
_____________________________________________________________________
(i)
Proponent’s relevant experience and qualifications in delivering outdoor pool operations services
on the scale of this RFP;
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(ii)
Proponent’s demonstrated ability to provide the services;
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(iii) Proponent’s equipment servicing resources, capability and capacity, as relevant
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
RFP No. 1220-30-41-10
54
SCHEDULE C-2 (CONT’D)
PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES
(v)
Proponent’s References - provide three references of recent successful performance where the
requirements were similar to the City’s requirements as set out in the RFP. The City prefers
Proponents that can provide references that demonstrate municipal government experience.
The City reserves the right to contact any person(s), agency(ies) or firm(s) not listed as part of an
independent review.
Reference #1
Name of client’s organization:
Reference Contact Information:
Name:
Phone Number:
Email Address:
How long has the organization been a client of the
Proponent?
Describe the size and scope of the referenced
project.
Describe the nature of the work performed.
Provide the start and end dates of the project
duration, and any relevant comments.
Information on any significant obstacles
encountered and overcome for this type of
services.
Reference #2
Name of client’s organization:
Reference Contact Information:
Name:
Phone Number:
Email Address:
How long has the organization been a client of the
Proponent?
Describe the size and scope of the referenced
project.
Describe the nature of the work performed.
Provide the start and end dates of the project
duration, and any relevant comments.
Information on any significant obstacles
encountered and overcome for this type of
services.
RFP No. 1220-30-41-10
55
SCHEDULE C-2 (CONT’D)
PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES
Reference #3
Name of client’s organization:
Reference Contact Information:
Name:
Phone Number:
Email Address:
How long has the organization been a client of
the Proponent?
Describe the size and scope of the referenced
project.
Describe the nature of the work performed.
Provide the start and end dates of the project
duration, and any relevant comments.
Information on any significant obstacles
encountered and overcome for this type of
services.
(vi)
Proponent’s should provide information on the background, qualifications, relevant experience
and role of all key personnel proposed to undertake the Services (use the spaces provided
and/or attach additional pages, if necessary):
Key Personnel
Name:
_____________________________________________________________________
Experience:
Dates:
_______________________________________________________________
Project Name: _______________________________________________________________
Responsibility: _______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Employment Status (Year/Months employed): _______________________________________
Name:
_____________________________________________________________________
Experience:
Dates:
_______________________________________________________________
Project Name: _______________________________________________________________
Responsibility: _______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Employment Status (Year/Months employed): _______________________________________
RFP No. 1220-30-41-10
56
SCHEDULE C-2 (CONT’D)
PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES
Name:
_____________________________________________________________________
Experience:
Dates:
_______________________________________________________________
Project Name: _______________________________________________________________
Responsibility: _______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Employment Status (Year/Months employed): ______________________________________
(vii)
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
(viii)
SUB-CONTRACTORS
NAME
YEARS OF WORK
WITH CONTRACTOR
TELEPHONE NUMBER
AND EMAIL
SUPPLEMENTAL QUESTIONS:
Line #
Proponent
1.
Age of the company.
2.
Years the company has been in the pool
operation business.
3.
The total number of employees in the company.
4.
What are the features of your services that give
you a competitive edge?
RFP No. 1220-30-41-10
Proponent’s Comments
57
SCHEDULE C-3
PROPONENT’S TECHNICAL PROPOSAL (PROJECT SERVICES)
Proponents should provide information on the following (attach additional pages, if necessary):
(i)
a narrative that illustrates an understanding of the City’s requirements for the Services;
(ii)
a description of the general approach and methodology that the Proponent would take in
performing the Services:
(iii)
a schedule for the use of the Pools Facilities
(iv)
a schedule which states dates, days and times each of the Pool Facilities will be required,
in order to start preparation
(v)
a schedule which states dates, days and times each of the Pool Facilities will be required,
in order to properly winterize
(vi)
a description of how the Proponent will increase the number of play items and equipment
to be available at the Pool Facilities for public sessions and swim lessons.
(vii)
a list of procedures and action plans identifying emergency and evacuation procedures:
(viii)
a list of recommended signage for Pool Facility schedules and emergency and
operational procedures.
(ix)
a narrative describing how the Proponent ensures the site and the staff are displaying a
positive public image at all times:
(x)
a description of how the Proponent would advise and recommend a security program
including associated costs aimed to reduce vandalism and property damage to the
facilities over the outdoor pool operating season.
(xi)
a list of the process and procedures to maintain a lost and found at each of the Pool
Facilities
(xii)
a description of how the Proponent would advise how they will provide a comprehensive
final report including, but not limited to, safety, lessons, guarding, customer service,
facility review, improvements required and/or recommended and proof of staff and
contractors being paid.
(xiii)
a list of what age-level swim lessons the Proponent would provide to compliment the
City’s existing programs
(xiv)
a description of the Proponents training program for life saving and lifeguarding related
to upper level swimming instruction to compliment the City’s existing programs
RFP No. 1220-30-41-10
58
SCHEDULE C-3 (CONT’D)
(xv)
a description of how the Proponent should advise how they will be responsible for all
registration
(xvi)
describe how the Proponent will provide access to low income families; and as well, meet
the needs of our ethno diverse public
(xvii)
list the level of staff certification required for lesson instructors
(xviii) a description of how the Proponent will provide professional lifeguarding services for
Outdoor Aquatics as indicated in the schedules. This will include lifeguarding of swim
clubs, public swimming pool rentals and School Board sessions.
(ixx)
a description of how the Proponent will work with the City's Representative to ensure a
successful preparation, operation and transfer of responsibilities back to the City upon
completion of this Agreement; and
(xx)
describe how the Proponent will work with the City's Representative to ensure amicable
and informative communication on a regular basis.
(xxi)
describe how the Proponent will be responsible in complying and maintaining all current
BC Health Act regulations in regards to pool operations.
(xxii)
a description of the standards to be met by the Proponent in providing the Services;
(xxiii)
PROPONENT’S QUALITY CONTROL PROGRAM
Does your firm have a written quality control program?
YES
NO
If “Yes” is checked, Applicant shall attach evidence of an active quality control program to this form.
If “No” is checked, please submit any printed matter which typifies instruction and/or a statement as to
how quality control is accomplished.
Outline any specific, formal training initiatives that your company employs to keep staff current with
workplace and market developments.
_________________________________________________________________________________
_________________________________________________________________________________
What procedures (please provide examples) does your company have in place to measure
performance on the basis of customer satisfaction?
_________________________________________________________________________________
_________________________________________________________________________________
RFP No. 1220-30-41-10
59
SCHEDULE C-3 (CONT’D)
Provide details of the overall strength, type and quality of external and internal training.
_________________________________________________________________________________
_________________________________________________________________________________
Provide any information about your firm that further demonstrates proficiency or excellence. This
would include details surrounding employee performance monitoring and performance improvements
(Service Level Agreements), depth of training programs, recognition and leadership awards, etc.
Attach up to two pages.
(xxiv) PROPONENT’S OCCUPATIONAL HEALTH AND SAFETY PROGRAM
The quality of the Applicant’s in-house program to manage safety, productivity, and environmental
performance will be considered in evaluating Applicants. The commitment of the Applicant’s
management & owners to those programs is an important factor & should be evident by their actions.
The Applicant, in addition to the following, is to provide evidence of adherence to quality principles,
through presentation of in-house training programs provided, certificate of awards received, etc.
Does your firm have a written safety program in place that meets the requirements of the
Worksafe BC?
YES
NO
If “Yes” is checked, please submit a copy of your program.
If “No” is checked, please submit any printed matter which typifies safety instruction and/or a statement
as to how safety training is accomplished.
Do you have a safety and health orientation program for new employees?
YES
NO
If yes, briefly explain what the program covers.
_________________________________________________________________________________
_________________________________________________________________________________
Do you conduct project safety inspections?
If yes, who conducts this inspection (title)
YES
NO
___________________________________
And how often? ______________________________
Do your employees read, write and understand English such that they perform their job tasks
safely without an interpreter?
YES
NO
If no, provide a description of your plan to assure that they can safely perform their job.
_________________________________________________________________________________
_________________________________________________________________________________
RFP No. 1220-30-41-10
60
Are all employees trained in the work practices needed to safely perform his/her job?
YES
NO
What is your Worksafe BC premium cost per $100 of payroll?
_________________________________________________________________________________
RFP No. 1220-30-41-10
61
SCHEDULE C-4
PROPONENT’S TECHNICAL PROPOSAL (PROJECT SCHEDULE)
RFP No. 1220-30-41-10
62
SCHEDULE C-5
PROPONENT’S FINANCIAL PROPOSAL
Indicate the Proponent’s proposed fee (excluding HST)
Schedule of Rates:
Item
No.
Pool Location
Schedule of
Operations
A
Total Number
of Operating
Days
B
Rate Per
Pool Per Day
(including
additional
days of
operation)
C
Amount
(B X C)
2011
D
1
Bear Creek Pool
May - September
113
$
2
Sunnyside Pool
May - September
113
$
3
Greenaway Pool
June - September
85
$
4
Hjorth Road Pool
June - September
66
$
5
Holly Park Pool
June – September
66
$
6
Kwantlen Pool
June – September
66
$
7
Unwin Pool
June – September
66
$
8
Port Kells Pool
June – September
66
$
Subtotal
$
*Capital Improvements
$
TOTAL PROPOSAL PRICE (excluding tax)
$
*The Contractor will provide and pay for a capital improvement as approved by the City in the minimum
amount of ONE THOUSAND ($1000.00) DOLLARS plus HST at a minimum of two (2) of the Pool Facilities
prior to expiration of the Term
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 in
the chart above. Please indicate any expenses that would be payable in addition to the proposed fee and proposed
disbursements set out above:
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. 1220-30-41-10
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