The Corporation of the City of Elliot Lake
RFP No. 2016-01
Request for Proposal
Supply, Installation and Maintenance Contract
for a replacement Passenger Elevating Device and Disposal of the existing unit
45 Hillside Drive North, Elliot Lake, ON
Sealed proposals, clearly marked as to contents, will be received by the undersigned until:
WEDNESDAY, February 17, 2016 @ 4:00 PM, LOCAL TIME
Lowest or any proposal not necessarily accepted.
PART I: REQUEST FOR PROPOSAL
I.
Definitions
A. “Proponent”, “Bidder”, or “Contractor” means the person, supplier or other legal
person or entity submitting a proposal in response to this RFP.
B. “RFP” means Request for Proposal.
C. “City” means the Corporation of the City of Elliot Lake.
City of Elliot Lake ♦ 45 Hillside Drive North ♦ Elliot Lake, ON ♦ P5A 1X5
www.cityofelliotlake.com ♦ (705) 848-2287
II.
Introduction and Overview
The City is requesting written proposals for the supply and installation of a
replacement elevating device at the City of Elliot Lake Municipal Offices along with
a five year maintenance contract. This system is to ensure that the City is in full
compliance with the Accessibility for Ontarians with Disabilities Act.
The City is seeking proposals for the disposal and replacement of our current
elevating device.
The purpose of this project is to improve accessibility of the public when attending
the municipal offices.
The present elevating device travels between the first and second floor.
Fig. 1 – View of Existing Elevating Device
The City will accept sealed Proposals until Wednesday, February 17, 2016 at 4:00
PM, local time (the “Due Date”). Notification of a proposal extension will be made
on the City of Elliot Lake website, www.cityofelliotlake.com. The first qualifying
proposal that is received and accepted will end the extension period.
Proposals will be opened on the Due Date in the Committee Room at City Hall. The
City will award the contract to the most responsive and responsible bidder who offers
the highest value to the City. Notification will be via phone, followed in writing.
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The City reserves the right to waive any irregularity or defect in any submission;
request clarification or additional information regarding Proposals; to cancel this
Request for Proposal (RFP) and to reject any and all Proposals at its sole discretion.
The City shall assume no liability whatsoever for any expense incurred by a Bidder in
replying to the RFP.
III.
Equipment Information
Suppliers are requested to provide manufacturer’s specification sheets and warranty
information for all products included in their proposal.
Only NEW equipment and accessories is acceptable to the City for its requirements.
New equipment is defined by newly assembled for first time use, utilizing only new
components. Remanufactured, reprocessed or refurbished components will not be
acceptable to the City for its requirements.
IV.
After-sale Service
Bidders are requested to provide a maintenance contract with a term of five (5) years
for ongoing maintenance of the elevating device.
V.
Scope of Work
A. The City invites your proposal for the installation of an elevating device at our
municipal offices. The preferred equipment will be easy to operate without the use of
a key or assistance from municipal staff.
Standards: All work is to conform to, or exceed the minimum standards of the
Ontario Building Code, the Canadian Standards Association, Canadian Electric Code,
local codes, Occupational Health and Safety Act and the standards of manufacturers
of material supplied for this project, whichever is/are applicable.
Materials: The Contractor shall provide all necessary machinery, labour, tools and
appliances, and all other materials except as indicated and noted herein, and to do the
work in a substantial and workmanlike manner and under the direction and to the
satisfaction of the Clerk and/or her designate in charge of the works, in the proposal.
Funding: This project is subject to funding approval.
VI.
Instructions to Bidders
A. Proposal Submission Procedures
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1. Sealed proposals must be received on or before the Due Date. Proposals
received after the Due Date will not be accepted or will be marked late,
unopened, and returned to sender.
2. Bidders shall submit one (1) clearly marked original and two (2)
photocopies of their Proposal Package. Proposals must be received in one
envelope or box marked “PROPOSAL – MUNICIPAL BUILDING
ELEVATING DEVICE” and addressed to:
Name: Mr. Bruce Ewald
Title: Chief Building Official, City of Elliot Lake
Address: 45 Hillside Drive North, Elliot Lake, ON, P5A 1X5
The envelope or box must also contain the Bidder’s name and return
address.
3. Proposals may only be delivered via regular mail, courier service, or hand
delivery. Electronic or facsimile Proposals will not be accepted.
4. All information shall be entered in ink or typewritten, Mistakes may be
crossed out and all corrections inserted before submission of a Proposal.
The person signing the Proposal shall initial and date corrections in ink.
5. Proposal documents shall be signed by the person(s) authorized to
contractually bind the Bidder. Potential Bidders are encouraged to consult
with legal counsel to ensure that their proposal constitutes a legally
binding offer. Failure to submit a legally binding offer is grounds for
rejection of a Proposal. Proposals must contain original signatures.
6. Proposal documents signed by persons on behalf of entities, other than for
a natural person, must be accompanied by documents evidencing authority
as follows:
i. Submissions by corporations of limited liability companies shall be
signed by a person with authority to bind the corporation or limited
liability company and shall be accompanied by a current certificate
of good standing and certified copies of resolutions authorizing
such submission.
ii. Submissions by municipalities or municipal entities shall be signed
by two officers with authority to bind the municipality or the
municipal entity and shall be accompanied by certified resolution
authorizing the submission.
iii. Submissions by partnerships shall be signed by the authorized
partner and shall be accompanied by a certified copy of the
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partnership certificate on file with the appropriate Municipal Clerk
and a copy of the partnership agreement and any amendments in
effect as of the date of submission.
iv. Submissions by persons doing business under an assumed name
shall be accompanied by a certified copy of an assumed name
certificate on file with the appropriate Municipal Clerk.
v. Submissions by one natural person on behalf of another natural
person shall be accompanied by a power of attorney which would
be fully effective on the date of signature and irrevocable thereafter
and which would authorize such action with regard to this specific
transaction.
VII.
Proposal Package Format
A. Proposal Packages must contain the following information, tabbed in the order
below:
1. Copy of this Request for Proposal (RFP).
2. Signed Health and Safety Responsibility Agreement, as provided in this
RFP.
3. Proposal documents signed by persons on behalf of entities or on behalf of
another person must be accompanied by documents evidencing authority
as outlined in Section VI.A.6, above.
4. Manufacturer’s specification sheets and warranty information for all
products included in their proposal.
5. Outline of bidder’s ability to provide after-sale service during and beyond
the manufacturer’s warranty period.
6. All information required under Section V of this RFP.
7. Three (3) references in Ontario that can be contacted to speak to the
bidder’s service track record. Reference contact information must include:
Name, Title, Company/Organization Name, Telephone Number and Email
Address.
Failure to provide the above requested information may result in
disqualification of proposal process.
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The City reserves the right to request additional information pertaining to the
Proposal Package, or any other matters related to the Request for Proposal
(RFP).
The winning Proposal made to the City shall be irrevocable, except as set
forth in Section XI of this RFP with respect to Cancellation.
B. Property Inspection
A MANDATORY SITE INSPECTION must be arranged during regular
business hours, Monday to Friday, 8:30 am to 4:30 pm, 45 Hillside Drive
North, Elliot Lake, ON (send request to bewald@city.elliotlake.on.ca).
Bidders MUST inspect the property.
C. Questions Regarding the Request for Proposal (RFP)
Questions regarding the RFP must be made in writing and submitted
electronically to the Chief Building Official at bewald@city.elliotlake.on.ca.
Answers to questions will be posted within 5 business days of receipt.
1. All questions and answers from all Bidders will be made available on the
City’s website www.cityofelliotlake.com.
2. The City will not respond to telephone inquiries by Bidders or their
representatives with respect to this RFP.
D. Official Contact Information
Name: Mr. Bruce Ewald
Title: Chief Building Official, City of Elliot Lake
Address: 45 Hillside Drive North, Elliot Lake, ON, P5A 1X5
VIII. Method of Award and Selection Criteria
Complete responses to this RFP will be evaluated by the City, which may convene a
Joint Evaluation Committee (JEC), based on the extent to which each proposal
responds to the information requested in Section III. Selection criteria will include,
but is not limited to, the following:
A. Specific details in the response, particularly in terms of dates, numbers and
dollars. Vague and/or general responses are not acceptable.
B. The most responsive and responsible Bidder that will allow the City to realize the
highest value.
C. Evidence of the Bidder’s capability to complete the project.
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D. Compliance with applicable law(s) and terms set forth in this RFP.
The Proposal shall in all respects be governed by, and construed in accordance with,
applicable municipal, provincial and federal law.
In evaluating proposals, the objective will be to select the offer(s) that will best suit
the needs of the City. Cost will be a major consideration in the evaluation; however,
consideration will also be given to such points as the availability of parts and service
times, evidence of the Bidder’s experience, ability, and quality of product, completion
date, and service facilities as necessary to meet satisfactorily the requirements set
forth or implied in this RFP.
IX.
Proposal Period Extension
If the initial proposal period does not produce a viable award recommendation, the
City may, at its discretion, extend the proposal period until it receives a viable
proposal. Timelines will be moved to correspond to the accepted proposal date.
Notification of a proposal extension will be made on the City’s website
www.cityofelliotlake.com.
The first qualifying proposal that is received and accepted will end the extension
period.
X.
Time of Completion
Once the project is awarded by Council, all equipment should be supplied and
installed no later than Friday, April 15, 2016.
XI.
Non Fulfillment
If the contractor fails to deliver the goods and service by the time of completion
stipulation in Section X of this RFP, then the City has the right to refuse to accept and
pay for material or services from the Bidder. The City will determine at its sole
discretion at what point it is no longer willing to wait on the Bidder to deliver the
promised goods and service. This becomes the termination point in the contractual
relationship between the City and Bidder. The City will determine at its sole
discretion the amount of compensation the Bidder will receive for the product and
service(s) provided to the point of termination.
If the City determines that products or services installed to the point of termination
must be removed, such removal will be solely at the Bidder’s expense. If the Bidder
fails, neglects or refuses at any time to supply any materials or services specified in
their Proposal, then the City shall procure such material or services elsewhere and
will (at its sole discretion) charge the resulting expense to the Bidder, or deduct the
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same from any monies due, or to become due to the Bidder on this or any other
contract.
XII.
Freedom of Information Act (FOIA)
All information in a Bidder’s proposal is subject to the provisions of the Freedom of
Information Act (FOIA), as amended.
Thank you for your interest in doing business with the City of Elliot Lake
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PART II: GENERAL TERMS AND CONDITIONS
Rights of the City
a) The Corporation of the City of Elliot Lake (the “City”) is not liable for any costs incurred by
the Bidder in the preparation of their response to this RFP. Furthermore, the City shall not be
responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered
by any Bidder, prior or subsequent to, or by any reason of the acceptance, or non-acceptance
by the City of any bid or by reason of any delay in the award of the contract.
b) The lowest submission will not necessarily be accepted and the City reserves the right to
accept/reject any or all the responses and/or reissue the Proposal in its original or revised
form.
c) The City reserves the right to request specific requirements not adequately covered in their
initial submission and clarify information contained in the Proposal.
d) The City reserves the right to substitute components where the City considers that an
alternative may be more suitable.
e) The City reserves the right to modify any and all requirements stated in the Proposal at any
time prior to the possible awarding of the contract.
f) The City reserves the right to cancel this Proposal at any time, without penalty or cost to the
City. This proposal should not be considered a commitment by the City to enter into any
contract.
g) The City reserves the right to enter into negotiations with the selected Bidder. If these
negotiations are not successfully concluded, the City reserves the right to begin negotiations
with the next selected Bidder.
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h) Proposals shall remain open and subject to acceptance for a period of sixty (60) days from
closing date.
i) In the event of any disagreement between the City and the Bidder regarding the
interpretation of the provisions of the Proposal, the Chief Administrative Officer or an
individual acting in that capacity, shall make the final determination as to interpretation.
General Notes to Bidder
a) The Bidder is not to act on verbal instruction from the City on work they consider to be extra
to their contract scope. Extra work can only be authorized by the City and in a written
format. The written form must also include that this work is an extra to the contract scope
and the method by which extra costs will be tabulated.
b) This Proposal is made by the Bidder without any connection, knowledge, and comparison of
figures or arrangement with any other person or persons submitting a Proposal for the same
services, and is in all respects fair and without collusion or fraud.
Conflict of Interest
a) Each Bidder shall advise the City if the firm or any individuals working on the contract has a
possible conflict of interest (e.g., employed by the City) and, if so, the nature of that conflict.
Furthermore, should a conflict of interest arise prior to or during the execution of the
contract, the Bidder shall notify the City forthwith. The City reserves the right to cancel the
award if any interest disclosed from any source could either give the appearance of a conflict
or cause speculation as to the objectivity of the program to be developed by the Bidder. The
City’s determination regarding any questions of conflict of interest shall be final.
Character and Employment of Workers
a) The successful Bidder shall employ only orderly, competent and skilful employees to ensure
that the services are carried out in a respectful manner.
b) In the event that any person employed by the successful Bidder in connection with the
service arising out of this Proposal gives, in the opinion of the City, just cause for complaint,
the successful Bidder, upon notification by the City in writing, shall not permit such person
to continue in any future service arising out of this Proposal.
Termination of Contract
a) Either party may terminate this agreement at any time upon giving notice in writing at least
sixty (60) days prior to the date of termination without penalty or recourse. In the event of
such termination, the Bidder shall be paid for services up to and including the date of
termination.
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Sub-Contracts
a) No subcontractors or collateral agreements shall be permitted with respect to the work of
this Proposal, except with the City’s express written consent and, in advance of
commencement of subcontractor activities.
b) Failure to obtain this consent may result in cancellation of the contract with the successful
Bidder.
Insurance and Indemnification
a) The successful Bidder shall at its own expense obtain and maintain until the termination of
the contract and provide the City with evidence of:
1) Professional Liability Insurance on a per claim basis for an amount not less than
two million ($2,000,000) dollars per claim and in the aggregate, and shall include
the City as an additional insured with respect to the Proponent’s operations,
acts and omissions relating to its obligations under this Agreement, such policy to
include non-owned automobile liability, personal injury, broad form property
damage, contractual liability, owners’ and proponents’ protective products and
completed operations, contingent employers liability, cross liability and
severability of interest clauses.
2) Automobile Liability on all vehicles owned, operated or licensed in the name of
the Proponent in the amount of not less than one million ($1,000,000) dollars on
an occurrence basis.
3) The policies shown above will not be cancelled or permitted to lapse unless the
insurer notifies the City in writing at least thirty (30) days prior to the effective
date of cancellation or expiry.
b) The City reserves the right to request such higher limits of insurance or other types of
policies appropriate to the work, as the City may reasonably require.
c) The successful Proponent shall not commence work until such time as the required evidence
of insurance has been filed with and approved by the City. The successful Proponent shall
further provide that evidence of the continuance of said insurance is filed at each policy
renewal date for the duration of the contract.
d) The successful Proponent shall indemnify and hold the City harmless from and against all
liability, loss, claims, costs and expenses, including reasonable legal fees, to the extent
caused by any negligent acts or omissions by the Proponent, its agents, officers, employees
or other persons for whom the Proponent is legally responsible.
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Workers Compensation
The Contractor shall furnish to the City, upon awarding of the contract, a Clearance Certificate
issued by the Workplace Safety & Insurance Board, which waives its rights under Section 11(3),
R.S.O. 1990 of the Workers’ Compensation Act to hold the City liable for any liability of the
Contractor for assessments and levies owing to the Workplace Safety & Compensation Board.
Health and Safety Policies
The Contractor shall abide by and ensure that all sub-contractors and employees under their
control operate in accordance with the Health & Safety Policies of the City of Elliot Lake.
Failure to do so will result in written notification given to the contractor to comply with the
Health & Safety policy within one working day and should the issue remain unresolved the work
shall be suspended until such items are resolved to the satisfaction of the Chief Building Official
or designate. No compensation will be given for any loss of time due to a work stoppage related
to a Health & Safety Policy issue.
City Not Employer
The Proponent agrees that the City is not to be understood as the employer to any successful
proponent nor to such proponent’s personnel or staff for any work, services, or supply of any
products or materials that may be awarded as a result of this bid document. Also, in accordance
with the Occupational Health and Safety Act, the successful Proponent herewith agrees to be the
“constructor” as defined under this act.
Protection of the City
The successful Proponent shall at all times well and truly save, defend, keep harmless and fully
Indemnify the City and its servants, employees and agents, from and against all actions, suits,
claims, demands, loss, costs, charges, damages and reasonable expense, brought or made against
or incurred by the City, its servants, employees or agents, relating to inventions, copyrights,
trademarks or patents, or rights thereto, used in supplying such goods, materials, articles,
equipment, or in performing such work or services to the extent caused by the negligent acts,
errors or omissions of the Proponent.
Invoicing
a) The normal payment terms offered by the City are net 30 days.
b) We are requesting firm pricing for the term of the contract. Price changes caused by
Government Tax Legislation will be accepted, but these changes must be submitted in
writing and accepted by the City prior to being invoiced. No other price changes will be
accepted. All prices quoted shall be in Canadian funds.
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Standards and Legislation: Failure to Comply
The successful Proponent may be required to provide written documentation that all material
proposed, meets Municipal, Provincial and Federal Government standards, legislation and laws.
Also, the successful Proponent must comply with all laws, legislation, regulations, and
provisions of the Federal, Provincial, Municipal Governments or any governmental agency as
they pertain to the work described herein. Failure by the successful Proponent to comply with
these laws, legislation, regulations and provisions shall be just cause for the City at its discretion
to stop performance of this contract, until such times as the successful Proponent complies with
these laws, etc. Also the City may at its discretion award the contract to any other proponent or
may re-issue the Proposal.
Compliance with Laws, Notices, Permits and Fees
a) The successful Bidder shall comply with all applicable Federal, Provincial, and Municipal
Laws, statutes, regulations and by-laws, relevant to this proposal.
b) The successful Proponent shall obtain the necessary permits, licenses, and certificates and
pay the fees required for the performance of the work which are in force at the date of the
Proposal closing.
c) The successful Proponent shall give the required notices and comply with the laws,
ordinances, rules, regulation, codes and orders of the authorities having jurisdiction which
are or become in force during the performance of the work.
Errors and Omissions
a) The City shall not be held liable for any errors or omissions in any part of this RFP. While
the City has used considerable efforts to ensure an accurate representation of information in
this RFP, the information contained in this Proposal is supplied solely as a guideline for
Proponents. The information is not guaranteed or warranted to be accurate by the City nor is
it necessarily comprehensive or exhaustive. Nothing in the Proposal is intended to relieve
the Proponents from forming their own opinions and conclusions with respect to the matters
addressed in the Request for Proposal.
Default by Proponent
a) If the Proponent commits any act of bankruptcy; or if a receiver is appointed on account of
its insolvency or in respect of any of its property; or if the Proponent makes a general
assignment for the benefit of its creditors; then, in any such case, the City may, without
notice, terminate the Contract.
b) Any termination of the Contract by the City as aforesaid shall be without prejudice to any
other rights or remedies the City may have.
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Deadline
Proposals will be received at City Hall, 45 Hillside Drive North, Elliot Lake, ON until
Wednesday, February 17, 2016 at 4:00 PM
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PART III: AGREEMENT AND QUOTATION
SUBMIT WITH PROPOSAL
THE CORPORATION OF THE CITY OF ELLIOT LAKE
45 Hillside Drive North, Elliot Lake, ON
PROPOSAL 2016-01
MUNICIPAL BUILDING PASSENGER ELEVATING DEVICE
If this bid/proposal is accepted, I/We agree to commence work on or before the _________ day
of ________________, 2016 and to have same completed on or before the _________ day of
________________, 2016.
DATED AT __________________________________________________ this
_________ day of ________________, 2016.
Name:
_______________________ Firm: _______________________
Name/Title (Please Print)
Address:
_______________________________________________________
Telephone:
_______________________ Fax:
Email:
_______________________________________________________
Per:
_________________________________________________
Contractor – Authorized Signing Officer
_______________________
1. Lowest or any bid not necessarily accepted.
2. Price noted is inclusive of all applicable taxes.
3. Price to be firm for a minimum of 60 days.
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SUBMIT WITH PROPOSAL
THE CORPORATION OF THE CITY OF ELLIOT LAKE
45 Hillside Drive North, Elliot Lake, ON
PROPOSAL 2016-01
MUNICIPAL BUILDING PASSENGER ELEVATING DEVICE
REFERENCE LIST
Name and Title
Company/Organization
Telephone No.
Email
Describe Work Done
1.
2.
3.
I/We the undersigned hereby certify that the above information contained in this reference list is, to the best of our knowledge, correct.
___________________________________
Name/Title (Please Print)
______________________________
Authorized Signature
Page 16 of 18
___________________
Date (YYYY-MM-DD)
Closing Date: Wednesday, February 10, 2016 @ 4:00 PM local time.
Contractor/Sub-Contractor Health and Safety
Responsibility Agreement
--------------------------------------------------------------------------------------This agreement is made this _________ day of ________________, 20___ between the Contractor/Subcontractor: ______________________________________________________
____________________________________________
of
_____________________________
___________________________________________, and the Corporation of the City of Elliot Lake (the
“Corporation”) including any other work locations identified as “the project.”
The Contractor/Sub-contractor agrees to abide by the Occupational Health and Safety Act and
Regulations and the Workplace Safety and Insurance Board (WSIB) and its Operational Manual and
Guidelines.
1. The Contractor/Sub-Contractor will contact the Corporation’s Human Resources/Health and
Safety Department and arrange a convenient time to conduct a mandatory Safety Orientation.
2. The Contractor/Sub-contractor agrees to abide by the Corporation’s Health and Safety Policy and
Procedure manual, as it pertains to the Project.
3. The Contractor/Sub-contractor shall provide proof of liability insurance coverage including
property damage in an amount of no less than two million dollars per occurrence for the full
length of the time of the contact. This insurance coverage will be written with insurance
companies which are qualified to do business in the province of Ontario.
4. The Contractor/Sub-Contractor shall provide a Clearance Certificate from the WSIB, dated within
one month of the beginning of the project. An updated Certificate is to be provided to the
Corporation’s Human Resources/Health and Safety Department every three (3) months until the
completion of the Project.
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5. The Contractor/Sub-contractor shall employ only trained, competent and skilled people to do the
work. The training requirement will be based on the needs of the Project and may include the
following:
a.
b.
c.
d.
e.
f.
g.
Working at Heights (Fall Prevention)
WHIMIS
First Aid/CPR
Fit Testing for N95 and P100
Confined Space Entry
MTO Book 7
Lockout/Tagout
The Corporation may also require copies of Driver’s Licences if vehicles are to be operated on
City streets/property.
6. The Contractor/Sub-contractor shall maintain in good standing all permits and licenses required
by any authorities having jurisdiction over the business of the Contractor/Sub-contractor. This
shall be done at the expense of the Contractor/Sub-contractor. The Contractor/Sub-contractor
shall comply with all Federal, Provincial, Municipal government laws and regulations which are
applicable to its business. The Contractor/sub-contractor further agrees and acknowledges that
any violation of the City’s Safety rules or requirements of the Occupational Health and Safety
Act or Regulations is justification for immediate termination of its contract with the City, without
any further obligation on the part of the City.
7. This agreement is made in accordance with the laws of Ontario and the courts of Ontario shall
have jurisdiction in matters relating to this agreement for the parties involved.
8. The Contractor/Sub-contractor shall not employ or retain anyone as a sub-contractor to perform
any part of its obligations under this agreement without the written consent of the City.
Signed this _________ day of ________________, 2016.
Contractor
City of Elliot Lake
Name:
________________________
Name:
________________________
Title:
________________________
Title:
________________________
Signature:
________________________
Signature:
________________________
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