Request for Proposal - Pentictonand~RFPs/2016/RFPs/201… · Request for Proposal . ... All enquiries must be directed in writing to . ... • Project fees by project team member

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Request for Proposal

2016-RFP-20

CREATION OF GIS FOR SANITARY SEWER, STORM SEWER AND ROADS

DATE ISSUED: JUNE 29, 2016

One (1) original and three (3) copies, plus an electronic copy in WORD format of a Proposal in a sealed envelope plainly marked "2016-RFP-20 Creation of GIS for Sanitary Sewer, Storm Sewer and Roads” will be received up to 2:00 pm local time on Thursday, July 21, 2016 at:

City of Penticton Purchasing Department 616 Okanagan Avenue East Penticton, BC V2A 3K6

Mandatory Meeting: A mandatory meeting will be held on Monday, July 11, 2016 at 10:00 am, City Yards Boardroom located at 616 Okanagan Avenue East, Penticton, BC Contact: All enquiries must be directed in writing to [email protected]

It is the sole responsibility of the proponent to check the City’s website at www.penticton.ca for any updated information and addenda issued before the closing date. www.penticton.ca is the only authorized website to obtain competitive bid documents for the City of Penticton opportunities. The City of Penticton shall not be held responsible for our competitive bid documents that are located on any other website.

Purchasing Department 616 Okanagan Avenue East Penticton, BC V2A 3K6 TEL 250.490.2500 [email protected]

mailto:[email protected]

http://www.penticton.ca/

http://www.penticton.ca/


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TABLE OF CONTENTS 1.0 INTERPRETATION ........................................................................................... 3

2.0 SCOPE OF THE REQUEST FOR PROPOSAL.......................................................... 4

3.0 CONTENT OF PROPOSAL ................................................................................ 5

4.0 RFP PROCESS ................................................................................................ 6

5.0 INSTRUCTIONS TO PROPONENTS .................................................................... 9

6.0 REQUEST FOR RFP PROCESS ......................................................................... 10

7.0 PRE-RFP INFORMATION ................................................................................ 10

8.0 PROPOSAL PREPARATION ............................................................................. 11

9.0 ADDITIONAL TERMS..................................................................................... 12

10.0 CONDITIONS ............................................................................................... 12

11.0 CONSULTANT / CONTRACTOR’S OBLIGATIONS ............................................... 13

12.0 INSURANCE PROTECTION AND DAMAGE ........................................................ 14

SCHEDULE A - TERMS OF REFERENCE ....................................................................... 17

SCHEDULE B – FORM OF CONTRACT ......................................................................... 30

SCHEDULE C – COSTING SHEET ........................................................................ 40

SCHEDULE D – CERTIFICATION DOCUMENT .............................................................. 44

SCHEDULE E – CONFLICT OF INTEREST CERTIFICATION ............................................... 45

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1.0 INTERPRETATION

1.1 DEFINITIONS a. “Best Value” means the value placed upon quality, service, past performance and price. b. “City” means The Corporation of the City of Penticton. c. “City Representative” means the representative or appointee engaged by the City to supervise

the work. d. “ Consultant” means the person who gives professional advice or services e. “Contract” means an agreement between the City and the Successful Proponent. f. “must,” “mandatory” or “required” means a requirement that must be met in order for a

Proposal to receive consideration. g. “Premises” shall mean building(s) or part of a building with its appurturences. h. "Proposal" shall mean the Proponent's submission to the RFP. i. “Proponent” means a party submitting a Proposal to this RFP. j. “RFP” means the “Request for Proposal”. k. “Request for RFP” (RFP) includes the documents listed in the index of the Request for RFP and

any modifications thereof or additions thereto incorporated by addenda before the close of RFP. l. “should” or “desirable” means a requirement having a significant degree of importance to the

objectives of the Request for RFP. m. “Special Conditions” means the special conditions, which are included in the RFP. n. “Specifications” means the specifications which are included in the RFP. o. “Sub-contractor” includes, inter alia, a person, firm or corporation having a contract with the

Successful Proponent for the execution of a part or parts, or furnishing to the Successful Proponent materials and/or equipment called for in the RFP.

p. “Successful Proponent” means the Proponent submitting the most advantageous RFP as

determined by the City of Penticton. q. “Work” means any labor, duty and/or efforts to accomplish the purpose of this project.

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2.0 SCOPE OF THE REQUEST FOR PROPOSAL

2.1 INTRODUCTION

The purpose of this Request for Proposal is to obtain proposals from qualified consultants to successfully work with City staff to create an ESRI GIS system for the Sanitary Sewer, Storm Sewer and Road systems and to migrate existing data from MapGuide and AutoCad, paper records, video records and other spreadsheets and data bases to the City’s ESRI GIS system and to train staff to be proficient users of the new GIS system. The City of Penticton commenced work on the creation of its infrastructure dataset in mid-2015. . The initial two phases were completed by HARTerra Spatial Solutions and involved the upfront business analysis, setup of the data model, migration of data and training. This was done for the Electrical Distribution System using Schneider’s ArcFM which is 95% complete and for the Water System which has just commenced. HARTerra also worked with City staff to develop the items that would be included in the scope of work for the next phase of the project that is the subject of this RFP: Sanitary Sewer, Storm Sewer and Roads. The Successful Proponent will be responsible to undertake significant work with City staff to finalize the make-up of data model within the ESRI geodatabase for the three separate infrastructure categories, to migrate the data from various sources, to create a working GIS System and to train City staff. 2.2 MANDATORY MEETING

There is a mandatory meeting that each Proponent submitting a Proposal in response to this RFP must attend. The meeting is scheduled as follows: Date: July 11, 2016 Time: 10:00am – 12: 00 noon Location: City Yards Boardroom 616 Okanagan Avenue East, Penticton, BC

2.3 DISCLOSURE

The City hereby discloses that HARTerra Spatial Solutions worked with the City to create the ESRI GIS System for the Electrical Distribution System, is currently working on the Water System and assisted the City in the development of the scope items for the Sanitary Sewer, Storm Sewer and Roads Systems. HARTerra will be eligible to submit a proposal in response to this RFP. 2.4 SCOPE OF WORK

The City is seeking Proposals for the creation of a functioning ESRI GIS system for Sanitary Sewer, Storm Sewer and Roads. Details regarding these services are set out in Schedule A attached to this RFP. Proponents are encouraged to use innovation when developing Proposals. The City may adjust the Scope of Work to ensure that the cost of the services remains within budget. It is also noted that the GIS for the Sanitary Sewer is included in the 2016 Budget. The GIS for the Storm Sewer and Roads is included in the 2017 budget. The Successful Proponent will be able to commence work on the Storm and Roads portions of the project in 2016 but payment for the work will not be able to be advanced until 2017. The following Budget has been established for this work:

Sanitary Sewer GIS $120,000 Storm Sewer GIS $100,000 Roads GIS $205,000

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2.5 FORM OF CONTRACT The basic Form of Contract the City proposes to enter for the Consultant services is attached as Schedule B of the RFP. The City may require modifications to the Form of Contract in order to address the specific requirements of this RFP, the content of the preferred Proposal and subsequent negotiations. 2.6 NO CONTRACTUAL OBLIGATIONS AS A RESULT OF RFP OR PROPOSAL

This is a request for Proposals only, and not a call for tenders or request for binding offers. Nothing in this RFP is intended to constitute an offer of any kind by the City and no contractual obligations whatsoever (including the Form of Contract – Schedule B) shall arise as a result of the submission of a Proposal in response to this RFP.

3.0 CONTENT OF PROPOSAL

Proposals (one (1) original and three (3) copies plus an electronic copy in WORD format) must be submitted. The Proposal shall be no longer than 15 single sided pages, single spaced, Font Size 11 plus Appendices which should include details regarding Sections 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7 and must supply and or execute all documents referred to in Section 3.8. The Proposal shall address the following topics in the order noted below. 3.1 DESCRIPTON OF THE FIRM A brief corporate profile that covers the Proponent’s and major sub-consultants company’s history and office location. 3.2 CONSULTANT TEAM

A description of the consulting team including a list of project team members, with a full description of their involvement on the project as well as related experience on similar projects. Project team members identified are to remain on the project until completion. Any changes in project team members will be subject to City of Penticton approval.

3.3 METHODOLOGY The Proponent is to provide a detailed description of what they see the key issues to be and the methodology they would apply to successfully see the work completed in a manner consistent with the requirement of this Proposal Call. 3.4 REFERENCES

From two (2) clients, of whom at least one (1) will be municipal, are to be included. Each of the references shall include the complete company name, contact person, contact person’s title and phone number including area code. The references shall reflect companies to whom similar work has been provided and which included the proposed project team members. 3.5 SCHEDULE

The Project Schedule for completing all tasks of this RFP is required and should, in detail, outline tasks for completion, task timelines, milestone dates and the project team members involved in each task. A detailed breakdown in the number of hours for each team member is required for each task. The Proponent shall also identify any meeting times with City of Penticton staff to develop the details of the data model, present project results and deliverables.

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3.6 COST Costing shall include a lump sum project price on the Costing Sheet provided in Schedule C – Costing Sheet as well as a cost breakdown for each phase identified by task as noted in Schedule C – Costing Sheet. The cost breakdown shall include at minimum: • Hourly rates and associated fees for each project team member; • Project fees by project team member and by hours worked per task; • Fees and expenses shall be identified separately to allow for adjustment; • Project disbursements by phase, or, where applicable, by individual task; • Total Proponent fees and total disbursements for this RFP; and • Expected City of Penticton staff hours required by task. Proponents may present an item that they consider being additional to the scope of this RFP. All such items must be identified as additional or optional and priced separately. 3.7 OTHER INFORMATION

The Proponent is also to ensure that they are able to meet the requirements as outlined in the contract contained in Schedule B, including with respect to insurance, Workers’ Compensation and governmental approvals (including requirement of a City of Penticton or inter-community business license). The Proponent will complete and submit with their Proposal the following additional information: • Schedule C – Costing Sheet • Schedule D – Certification Document • Schedule E – Conflict of Interest Certification

4.0 RFP PROCESS

4.1 CLOSING DATE AND TIME FOR RECEIPT OF PROPOSALS

Proposals, (one (1) original and three (3) copies plus an electronic copy in WORD format) must be received in a sealed envelope by 2:00 p.m. local time on Thursday, July 21, 2016 at: City of Penticton Purchasing Manager 616 Okanagan Avenue East Penticton, BC V2A 3K6

Canada Delivery of Proposals to the City Purchasing office located at Penticton City Yards prior to the specified date and time is solely and strictly the responsibility of the Proponent. The City shall not, under any circumstances, be responsible for delays caused by any delivery service, or for delays caused by any other occurrence. All Proposals must be manually and duly signed by an authorized corporate officer or principal of the organization with the authority to bind said Proponent. Proposals must not be sent by facsimile or e-mail. Proposals should be clearly marked with the name and address of the Proponent and the RFP title. 4.2 LATE PROPOSALS

Proposals received after the closing date and time will not be considered and will be returned, unopened, to the sender. 4.3 NO FAX OR ELECTRONIC PROPOSALS

Proposals received by fax or e-mail will not be considered.

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4.4 COST OF PROPOSAL PREPARATION

Proponents will be solely responsible for the costs of preparing and submitting a Proposal and all costs incurred in any subsequent negotiations with the City.

4.5 EVALUATION CRITERIA

City of Penticton staff will review and rank proposals in accordance with the following criteria:

Proponents are advised that it is not the City’s intent to restrict or discourage professional creativity or innovation in responding to the submission. The City intends to select the Proposal that it considers most favorable to the City’s interests. In this regard, the City considers that “Best Value” is the essential part of engaging a service provider and therefore the City may prefer a Proposal with a higher cost, if the City considers that it offers greater value and better services the City interests. 4.6 EVALUATION COMMITTEE

The evaluation process will be conducted by City of Penticton staff from the Information Technology Department and the Infrastructure Division. 4.7 CLARIFICATION

The City may seek clarification from a Proponent respecting its Proposal to assist in making evaluations. 4.8 NEGOTIATION

The City may choose to negotiate with a preferred Proponent, on any aspect of their Proposal, including changes to the services to be provided and to price.

PROJECT: CREATION OF GIS FOR SANITARY SEWER, STORM SEWER & ROADS

CRITERIA WEIGHT

Project Team – Experience and education of the Project Team as it relates to the work outlined in the RFP.

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Methodology – The approach and philosophy applied to complete the work as outlined in the RFP.

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Knowledge of City of Penticton MapGuide, Paper records and ESRI GIS System

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References - Comment from clients utilizing the Proponents services for similar projects.

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Project Schedule 5

Price 25

TOTAL 100

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4.9 CONFIDENTIALITY

Proponents should be aware that the City is subject to the provision of the subject to the Protection of Privacy and Freedom of Information Act (FOIPPA). A Proponent may stipulate in their Proposal that portions of the Proposal contain confidential information and are supplied to the City in confidence. However, under FOIPPA, the City may nevertheless be obligated to disclose all or part of a Proposal pursuant to a request made under that Act, even if the proponent has stipulated that part of the Proposal is supplied in confidence. Proponents should review Section 21 and other provision of FOIPPA in order to gain a better understanding of the City’s disclosure responsibilities under that Act.

4.10 PROPOSAL DOCUMENTS

All documents submitted to the City in response to this RFP or as part of any subsequent negotiation will

become the property of the City and will not be returned.

4.11 GIFTS AND DONATIONS

Proponents will not offer entertainment, gifts, gratuities, discounts, or special services, regardless of value, to any employee or elected official of the City. The Successful Proponent shall report to the Purchasing Department of the City any attempt by City employees or officials to obtain such favors.

4.12 ACKNOWLEDGEMENT

By submitting a response to the RFP, the Proponent acknowledges that they have carefully reviewed the documents, and understands the scope of this assignment; further, they confirm that their Proposal (including all applicable costs) is developed in accordance with same. The Proponent shall make no claim for reimbursement of any portion of any cost incurred in developing a response to this Proposal.

4.13 NEGOTIATION DELAY If a written Contract cannot be negotiated within fourteen days of notification of the Successful Proponent, the City may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the RFP process and not enter into a Contract with any of the Proponents.

4.14 SUB-CONTRACTORS OR SUB-CONSULTANTS

Due to the nature and scope of work associated with this project, it is anticipated that portions of the work may be completed by Sub-contractors or Sub-consultants. This arrangement is supported by the City, provided that one prime Consultant is ultimately responsible for the integration of any Sub-contractors and or sub-consultants work into the master plan document. Using a Sub-contractor or Sub-consultant (who must be clearly identified in the Proposal) is acceptable. This includes a joint submission by two (2) Proponents having no formal corporate links. However, in this case, one of these Proponents must be prepared to take overall responsibility for successful interconnection of the two (2) product or service lines and this must be defined in the Proposal.

A Sub-contractor or Sub-consultant individual or firm, whose current or past corporate or other interests may, in the City’s opinion, give rise to a conflict of interest in connection with this project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Proposal.

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4.15 ENQUIRIES All enquiries related to this RFP are to be directed, in writing, to:

Cathy Ingram, Purchasing Manager Penticton City Yards 616 Okanagan Avenue East Penticton, BC V2A 3K6 [email protected]

Information obtained from any other source is not official and should not be relied upon. Enquiries and responses will be recorded and may be distributed to all Proponents at the City’s option. Questions will be answered if time permits. 4.16 CONFLICT OF INTEREST

The Proponent is advised that they must disclose any potential conflict of interest in completing this project and shall complete Schedule E – Conflict of Interest Certification and submit it with their Proposal. Where any such conflict of interest appears to exist, the City may, at its sole discretion, reject the Consultant’s Proposal. Furthermore, should a subsequent potential conflict of interest arise, during the Consultant selection process (for example the Consultant is retained by another client give rise to a potential conflict), the Consultant shall notify the City of this perceived conflict of interest. The Consultant will be required to either decline the assignment, or take any action necessary to remove the conflict of interest. The 4.17 DOCUMENTATION REQUIREMENTS

Proponents are required to obtain and provide the City a copy of a valid City of Penticton or inter-community business licence, a copy of WCB Clearance Letter and a copy of Insurances as outlined in Sections 11 and 12 upon and upon notification of award of the contract.

5.0 INSTRUCTIONS TO PROPONENTS The following terms will apply to this RFP and to any subsequent Contract. Submission of a Proposal in response to this RFP indicates acceptance of all the following terms:

5.1 GENERAL

a. The law applicable to this RFP shall be the law in effect in the Province of British Columbia. Except for an appeal from a British Columbia Court to the Supreme Court of Canada, no action


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in respect to this RFP shall be brought or maintained in any court other than in a court of the appropriate jurisdiction of the Province of British Columbia.

b. In carrying out its obligations hereunder, the Proponent shall familiarize itself and comply with

all applicable laws, bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits and registrations as may be required by law. Where there are two or more laws, ordinances, rules, regulations or codes applicable to the Works, the more restrictive shall apply.

c. Applicability of law: All references in the RFP to statutes and regulations thereto and City

bylaws shall be deemed to be the most recent amendments thereto or replacements thereof. d. Copyright: All designs, drawings, concept drawings, specifications, digital, hard copies, web

pages, internet pages, GIS Data, GIS Systems, maps and plans commissioned by the City of Penticton, shall remain the property of the City of Penticton.

e. In the case of any inconsistency or conflict between the provisions of the RFP, the provisions of

such documents and addenda thereto will take precedence in governing in the following order: (1) addenda; (2) RFP; (3) Special Conditions; (4) Specifications; (5) Drawings; (6) Executed Form of RFP; (7) all other documents.

f. Headings are for convenience only: Headings and titles in the RFP are for convenience only and

are not explanatory of the clauses with which they appear. g. Method of payment is governed by City policy as well as applicable Federal and Provincial laws. h. The RFP, accepted submission, and City Contract represent the entire Agreement between the

City and the Successful Proponent and supersede all prior negotiations, representations or agreements either written or oral. The Contract may be amended only by written instrument agreed and executed by the Successful Proponent and the City.

6.0 REQUEST FOR RFP PROCESS

6.1 NOT A TENDER CALL

This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. This RFP is not an invitation for an offer to contract, and it is not an offer to contract made by the City.

6.2 NO OBLIGATION TO PROCEED Though the City fully intends at this time to proceed through the RFP, in order to select the Works, the City is under no obligation to proceed to the purchase, or any other stage. The receipt by the City of any information (including any submissions, ideas, plans, drawings, models or other materials communicated or exhibited by any intended Proponent, or on its behalf) shall not impose any obligations on the City. There is no guarantee by the City, its officers, employees or Managers, that the process initiated by the issuance of this RFP will continue, or that this RFP process or any RFP process will result in a contract with the City for the purchase of the equipment, service, or project.

7.0 PRE-RFP INFORMATION

7.1 INTENTION OF THE CITY The Proponent that submits to the City the most advantageous Proposal and which represents the interests of the City, best overall, may be awarded the contract. The City reserves the right to accept or reject all or part of the RFP, however, the City is not precluded from negotiating with the Successful Proponent to modify its Proposal to best suit the needs of the City.

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7.2 REJECTION OF PROPOSALS The City reserves the right to reject, at the City’s sole discretion, any or all Proposals, without limiting the foregoing, any Proposal which either:

a. is incomplete, obscure, irregular or unrealistic;

b. has non-authorized (not initialed) erasures or corrections in the Proposal or any schedule

thereto;

c. omits or fails to include any one or more items in the Proposal for which a price is required by the RFP;

d. fails to complete the information required by the RFP to be furnished with a Proposal; and/or e. fails to complete the information required whether the same purports to be completed or not.

Further, a Proposal may be rejected on the basis of the Proponents past performance, financial capabilities, completion schedule and compliance with Federal, Provincial, and/or Municipal legislation. As it is the purpose of the City to obtain a Proposal most suitable to the interests of the City and what it wishes to accomplish, the City has the right to waive any irregularity or insufficiency in any Proposal submitted and to accept the Proposal which is deemed most favorable to the interest of the City.

8.0 PROPOSAL PREPARATION

8.1 ALTERNATIVE SOLUTIONS If alternative solutions are offered, please submit the information in the same format, as a separate Proposal.

8.2 CHANGES TO PROPOSAL WORDING

The Proponent will not change the wording of its Proposal after the submission deadline and no words or comments will be added to the Proposal unless requested by the City for purposes of clarification. 8.3 LIMITATION OF DAMAGES

The Proponent, by submitting a Proposal, agrees that it will not claim damages, for whatever reason, relating to the RFP or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its Proposal. The Proponent, by submitting a Proposal, waives any claim for loss of profits if no agreement is made with the Proponent.

8.4 FIRM PRICING

Proposals must be firm for at least 60 days after the final date. Prices will be firm for the entire contract period. 8.5 CURRENCY AND TAXES Prices quoted are to be: • in Canadian dollars; • inclusive of duty, where applicable; • inclusive of any disbursements or additional fees; • FOB destination, delivery charges included where applicable; and • Taxes extra.

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9.0 ADDITIONAL TERMS

9.1 LIABILITY FOR ERRORS

While the City has used considerable efforts to ensure an accurate representation of information in this RFP, the information contained in this RFP is supplied solely as a guideline for Contractors. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve Contractors from forming their own opinions and conclusions with respect to the matters addressed in this RFP. 9.2 AGREEMENT WITH TERMS By submitting a Proposal the Contractor agrees to all the terms and conditions of this RFP. Contractors who have obtained the RFP electronically must not alter any portion of the document, with the exception of adding the information requested. To do so will invalidate the Proposal. 9.3 USE OF REQUEST FOR RFP This document, or any portion thereof, may not be used for any purpose other than the submission of Proposals.

10.0 CONDITIONS

a. A qualified Proposal is one which meets the needs and specifications of the City, the terms and conditions contained in the RFP. The preferred Proposal is a qualified Proposal offering the Best Value, as determined by the City.

b. The City will decide whether a Proposal is qualified by evaluating all of the Proposals based on

the needs of the City, specifications, terms and conditions and price. The City Purchasing Manager and/or department head of the City will examine all Proposals and recommend which Proposal is in the City’s best interest.

c. A Proposal which is unqualified is one that exceeds the cost expectations of the City and/or

does not meet the terms and conditions contained in the RFP and/or does not meet the needs and specifications of the City. The City reserves the right to reject any or all unqualified Proposals.

d. The City reserves the right to cancel this RFP at any time. e. The City recognizes that Best Value is the essential part of purchasing a product and/or service

and therefore the City may prefer a Proposal with a higher price, if it offers greater value and better serves the City’s interests, as determined by the City, over a Proposal with a low price. The City’s decision shall be final.

f. The City reserves the right to negotiate with a preferred Proponent, or any Proponent, on any

details, including changes to specifications and price. If specifications require significant modification, all Proponents shall have the opportunity to adjust their Proposals or re-submit altogether, as determined by the City Purchasing Department and/or department head.

g. All equipment, goods and workmanship must conform to all Laws and Standards necessary for

use in Canada and the Province of British Columbia.

h. The Successful Proponent, herein named the Contractor, shall guarantee that his Proposal will meet the needs of the City and that any or all services rendered shall be correct. If the services rendered by it are in any way incorrect or unsuitable, all correction costs shall be borne solely by the Contractor.

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i. All proposed prices shall include delivery F.O.B. City Works yard or other destination point, as specified by the City, and the Contractor shall bear all risks of loss and/or damage.

j. Where only one Proposal is received, the City reserves the right not to make public the amount

of the Proposal. The amount of the Proposal will be made public if a contract is awarded. The City reserves the right to accept or reject a Proposal, where only one Proposal is received.

k. The City reserves the right in its sole discretion to accept or reject all or part of any Proposal

which is non-compliant with the requirements of this RFP.

l. The City shall not be obligated either to accept or reject any non-compliance with the requirements of this RFP.

m. Cancellation Clause: The City reserves the right to cancel the Contract Agreement for goods

and/or services as outlined in this RFP, at any time, by providing 30 days written notice to the Contractor.

11.0 CONSULTANT / CONTRACTOR’S OBLIGATIONS

11.1 REGISTRATION WITH WORKSAFE BC (WCB) The Contract may contain a provision that the Contractor or Consultant and any approved sub-contractors or sub-consultant must be registered with Worksafe BC (WCB), in which case Worksafe BC (WCB) coverage must be maintained for the duration of the Contract. Prior to receiving any payment, the Contractor may be required to submit a Worksafe BC (WCB) Clearance Letter indicating that all WCB assessments have been paid.

The Contractor or Consultant shall ensure compliance on his part with the Workers' Compensation Act and any regulations there under, especially provisions of said Act or of regulations under said Act having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including proper sanitation and ventilation.

In any case where pursuant to the provisions of the Workers' Compensation Act, the Workers' Compensation Board orders the Contractor or Consultant in respect of his operations under this Agreement, to cease operations because of failure to install or adopt safety devices or appliances directed by the order of the said Board, or required under said Act or regulations there under or because said Board is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, or because of lack of payment of an account due to the Board, the City on twenty-four (24) hours written notice to the Contractor or Consultant, may terminate the Contract. 11.2 GOVERNING REGULATIONS

The Contractor or Consultant shall apply and pay for all necessary permits or licenses required for the execution of the Work (but this shall include the obtaining of permanent easements or rights of servitude). The Contractor or Consultant shall give all necessary notices, pay for all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of the public health. The Contractor or Consultant shall be responsible for the safety of all workmen and equipment on the project in accordance with all applicable safety legislation passed by Federal, Provincial and local authorities governing safety.

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12.0 INSURANCE PROTECTION AND DAMAGE 12.1 GENERAL INSURANCE Before starting the Work, the Contractor or Consultant shall file with the City, certificates of all insurance policies acceptable to the City. These certificates shall state that the insurance complies with the requirements of the Contract and that the territory of the policy includes the country in which the Work is to be constructed.

Each insurance policy required under this Article shall contain an endorsement to provide all Additional Insured with prior notice of changes and cancellations. Such endorsement shall be in the following form:

"It is understood and agreed that the coverage provided by this policy will not be changed or amended in any way or cancelled until thirty (30) days after written notice of such change or cancellation shall have been given or sent by registered mail to all Additional Insured."

Should the Contractor or Consultant fail to make a payment of any premiums or other assessments required by the Contractor's or Consultant’s insurers to maintain such policies in force and effect, the City may in their discretion make payment of such premiums or assessments and deduct the amount thereof from such monies as may then or later be payable to the Contractor or Consultant pursuant to the Contract or recover the same from the Contractor or Consultant as the City in his discretion may determine. Whenever the word The City is to appear in the insurance policies, the legal name shall be inserted. 12.2 PROTECTION OF WORK, PROPERTY AND PUBLIC: The Contractor or Consultant shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. The Contractor or Consultant shall protect the property adjacent to the Work areas from damage as the result of operations under the Contract. The Contractor or Consultant shall protect the Work and the City's property from damage and shall make good at their own expense any damage which may arise as the result of the Contractor’s or Consultant’s operations under the Contract. 12.3 CONTRACTOR'S OR CONSULTANT’S INSURANCE: Public Liability & Property Damage Insurance. The Contractor or Consultant shall save and hold harmless the City, its officers, Managers, servants and employees, from and against any and all suits or claims alleging damage or injury (including death) to any person or property that may occur or that may be alleged to have occurred, in the course of the performance of this Contract, whether such claim shall be made by an employee of the Contractor or Consultant, or by a third person and whether or not it shall be claimed that the alleged damage or injury (including death) was caused through a wilful or negligent act or omission of the Contractor or Consultants, its officers, servants, Managers or employees, or a wilful negligent act or omission of any of its sub-contractors or any of their officers, servants, Managers or employees; and at its own expense, the Contractor or Consultant shall defend any and all such actions and pay all legal charges, costs and other expenses arising there from. The Contractor or Consultant shall maintain and keep in force during the term of the Contract and until the date of the completion certificate, Two Million Dollars ($2,000,000) inclusive limits for public liability and property damage, against liabilities or damages in respect of injuries to persons (including injuries resulting in death) and in respect of damage to property arising out of the performance of work. The Contractor or Consultant shall, at the time the Contract is signed, submit to the City two copies of the insurance policies required under this Article and shall also provide to the City from time-to-time, as may be required, satisfactory proof that such policies are still in full force and effect.

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The City shall be an additional insured on the policy. The policies shall preclude subrogation claims by the insurer against anyone insured thereunder. In addition, such insurance policy shall include the following "Cross Liability" clause: "The insurance afforded by this policy shall apply in the same manner, as though separate policies were issued, to any action brought against any of the additional insured by or on behalf of any other additional insured." 12.4 EQUIPMENT INSURANCE

Notwithstanding anything contained elsewhere herein, it is understood and agreed that the City shall not be liable for any loss or damage to Contractor's or Consultant’s equipment, including loss or use thereof. Each and every policy insuring the Contractor's equipment to be used on the Work shall contain the following clause: "It is agreed that the right to subrogation against the City or any of its officers, employees, or Managers or their parent, subsidiary, affiliated, or associated companies or corporations, is hereby waived." 12.5 AUTOMOTIVE INSURANCE A minimum of Two Million Dollars ($2,000,000) of public liability and property damage insurance shall be carried on all automotive equipment. 12.6 INDEMNITY The Contractor or Consultant shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City, its elected officials, officers, employees and Managers (collectively) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this contract, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities.

12.7 ERRORS AND OMMISSION INSURANCE The Consultant shall, at the Consultant’s expense, establish and maintain professional errors and omissions insurance to the following minimum requirements: Minimum Insurance Consulting Services for projects $ 250,000 not exceeding $50,000 in value Consulting Services for projects $ 2,000,000 exceeding $50,000 The Maximum deductible in all categories shall be $ 50,000 • The Consultant accepts responsibility for the acts and omissions of all Sub-Contractors it may engage in

rendering the Service on the Project. • The Consultant’s professional errors and omissions insurance shall remain in force for the life of the

Project and for twelve (12) months after substantial completion, and shall contain the following endorsement to provide the City of Penticton with prior notice of changes and cancellations.

The Contractor or Consultant shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this contract, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities.

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12.8 CITY REPRESENTATIVE A City Representative will be assigned by the City to oversee the compliance of the Proposal awarded to the Contractor. In addition, the Contractor will be expected to name a counterpart Project Manager. The Contractor’s project manager will be responsible for providing scheduled status reports to Mitch Moroziuk, General Manager of Infrastructure or a designate. 12.9 PAYMENT HOLDBACK The Contract may contain a provision whereby the City will hold back a portion of the total Contract price until the requirements of the RFP have been met. 12.10 SOFTWARE It is the Contractor’s or Consultant’s responsibility to ensure that the City has all licenses required to use any software that may be supplied by the Contractor or Consultant pursuant to the Contract. 12.11 ARBITRATION All disputes arising out of or in connection with the Contract must, unless the parties otherwise agree, be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act.

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SCHEDULE A - TERMS OF REFERENCE

1.0 PURPOSE The purpose of this Request for Proposal is to obtain proposals from qualified consultants to successfully work with City staff to create an ESRI GIS system for the Sanitary Sewer, Storm Sewer and Road systems migrate existing data from MapGuide and AutoCad, paper records and, video records and other data bases to the new ESRI GIS system, and train staff to be proficient users of the new GIS system. The completion of this work will provide the City with an up to date ESRI GIS system for its Sanitary Sewer, Storm Sewer and Road linear infrastructure. 2.0 BACKGROUND The City of Penticton commenced work on the creation of its infrastructure dataset in mid-2015. . The initial two phases were completed by HARTerra Spatial Solutions and involved the upfront business analysis, setup of the data model, migration of data and training. This was done for the Electrical Distribution System using Schneider’s ArcFM which is 95% complete and for the Water System which has just commenced. HARTerra also worked with City staff to develop the items that would be included in the scope of work for the next phase of the project that is the subject of this RFP: Sanitary Sewer, Storm Sewer and Roads. The City is now taking the next step to engage a Consultant to complete the last stages of our linear infrastructure and address the work related to Sanitary Sewer, Storm Sewer and Roads. The City currently has an ESRI Small Government enterprise license agreement and, as such, has access to most ESRI software applications. The production enterprise geodatabase will be deployed on a SQL Server 2012 database in a separate GIS instance on Windows 2012 R2 virtual server. The database server also hosts other critical database systems including the City’s Customer Information System, Enterprise Resource Planning System and other databases. The ArcFM solution is currently at 10.2.1 as this is the latest supported version and is hosted in a separate 10.2.1 enterprise geodatabase on the same GIS instance as the 10.4.1 geodatabase for the other infrastructure and related data. The current system used for managing accessing spatial information at the City is based on AutoCAD with some attributes linked to SQL Server Database tables and/or file level attributes stored in the AutoCAD file. This information undergoes conversion to a SDF format for use in an internal and external MapGuide application. The Successful Proponent will be responsible to undertake significant work with City staff to develop the details of the data model, move existing Sanitary Sewer, Storm Sewer and Road information currently located on MapGuide, AutoCad, paper records, video records and other data bases to ESRI GIS. This will enable the City to maintain and use that data in day to day operations and for long term asset management functions. The City is seeking the expertise of Consultants to see this work realized. 3.0 ENTER INTO A CONSULTING AGREEMENT WITH THE CITY The Successful Proponent will be required to finalize and enter into a Consulting Agreement with the City. A sample of the Contract is attached as Schedule B. 4.0 GENERAL SCOPE OF WORK The Successful Proponent is to provide the following general services:

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4.1 Review and Project Familiarization

The Successful Proponent is to undertake the following:

a. Meeting with City staff to review existing information related to Sanitary Sewer, Storm Sewer and Roads to gain an understanding of the data that exists and how the City would like to see it and other data exist in ESRI GIS.

b. Discuss the requirements of the project with City staff and determine the specific process, work plan and timing that works for the parties and meets the milestone dates set for the project.

4.2 GIS System Needs

The Successful Proponent is to work with City staff to address the following system needs:

a. Host meetings with City staff to set the data configuration requirements of each of Sanitary Sewer,

Storm Sewer and Roads. This will most likely be an iterative process and will involve several meetings. A written document setting out the configuration requirements is the end goal.

b. Host meetings with City staff to set the symbology to be used in Sanitary Sewer, Storm Sewer and Roads. A written document setting out the symbology to be used is the end goal.

c. Work with City staff to determine the appropriate selection of tools required to maintain the data and move it from GIS to AutoCad for design purposes. Any costs associated with these tools is considered to be a City cost and not part of the cost to this RFP.

d. Solutions must integrate with the existing 10.4.1 data model and enterprise geodatabase being established for water infrastructure data.

e. Ideally, solutions will continue to be built off of the Canadian Municipal Data Model to allow the City to take advantage of ESRI published templates that support this data model.

f. It is preferred that custom coding be kept to a minimum. Any scripting required should be done in Python. Any solution must be supportable by City of Penticton IT staff and well documented.

g. Web map services are to be published to the City’s ArcGIS server and made available through the on premise Portal server for consuming in current and future desktop, web, and mobile applications.

4.3 Data Migration

The Successful Proponent will be required to migrate existing data related to the Sanitary Sewer System, Storm Sewer System and Road System into a new ESRI GIS system. The existing data will come from a variety of sources including but not limited to:

a. MapGuide layers b. AutoCAD c. SQL Server attribute tables database linked to AutoCAD file d. Paper records e. Excel spreadsheets f. MS Access Databases g. A requirement to work with City Staff to compile information based on local knowledge In some cases where there are no data sources available there is a requirement to include structure in the data model so that all the information to be captured and managed on a go-forward basis only.

4.4 Training

The Successful Proponent will be required to design and deliver an ESRI GIS training program specific to each of Sanitary Sewer, Storm Sewer and Roads. The outcome should be proficient super users of the system capable of updating, modifying and using the information and proficient day to day users who will access the system on a daily basis as they conduct their work. The training program should build on the training already received or planned to avoid duplication of effort and each new training module should build on the training provided in the previous module.

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Proponents should elaborate on their proposed training plan in the methodology section of their submission and should key in on: Who is providing the training, who it is targeted toward, how long it will take etc. The City will provide the computers and venue for training. Each Proponent shall plan on providing training for five (5) super users and up to twenty (20) day to day users.

5.0 SPECIFIC SCOPE OF WORK AND SCHEDULE

The successful Proponent is to provide the following specific services:

5.1 Sanitary Sewer GIS

a. In Scope Work

The following items are considered to be work that is in the scope of services that the Successful Proponent is to provide:

o Selection of data model for managing asset information related to the sanitary sewer system; o Modifications to the data model to meet City needs including asset details, inspection and

maintenance information, incident/observation reporting, identification of properties having special use permits and/or note of interest and identification of critical assets;

o Modify the data model to support the input of attributes for sanitary sewer such as flushing, smoke tests, relining, pipe condition, and pipe life expectancy based on destructive testing;

o Configuration of symbology and layering for displays and ESRI set up for desktop and as a web map service;

o Migration of existing sanitary sewer gravity mains, force mains, air release valves, control valves, manholes, lift stations, cleanouts, catchment areas, flow direction and treatment facilities from AutoCAD/MapGuide information and information from paper records into ESRI ArcGIS system;

o Review, evaluate and select tools for maintaining the sanitary sewer data; o Link video inspections and video reports to the GIS data for most current inspection; o Migration of observations (by year) from paper records into GIS; o Development of data delivery specifications for contracts for video inspection to simplify the

import of inspection data into the GIS; o Migration of incident reporting for sanitary sewer breaks and blockages and other incidents (by

year) from AutoCAD/MapGuide information and information from paper records into ESRI ArcGIS system;

o Develop and deliver ESRI/GIS user training plan and support training to create proficient users; o Review, evaluate and select tools for extracting ESRI GIS data back into CAD for design purposes to

include sanitary sewer information; o Ensure the sanitary sewer pipe segment unique identifiers in GIS match those in the Sanitary Sewer

flow modelling application; o Development of reports to:

• provide summary data of sanitary sewer main size, material, age, pipe life expectancy and location;

• provide summary data on sanitary sewer main repairs by year and location; o Develop procedure and responsibility sheet to document sanitary sewer main system data

maintenance, workflow and scheduling; and o By-aw schedules such Sanitary Sewer area from MapGuide.

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b. Out of Scope Work The following items are considered to be work that is out of the scope of services that the Successful Proponent is to provide: o Mobile inspection tools / work management tools; o MapGuide replacement; o Training of field staff; o SCADA integration; o Implementation of document management system; o Scanning, organizing and linking paper documents other than As Built documents, observations,

video reports, breaks and blockages; o Reviewing, evaluating and selecting tools to extract ESRI GIS data to modelling analysis software; o Service card integration; o Integration with the service utilities database; o Integration with the CIS database; o Development of reports other than those listed in scope; o Standards for asset numbering and field tagging; o 5 year budget information migration; o Master plan information migration; o Acquisition of new computer hardware; o Link As Built records to the GIS infrastructure data; o Development cost charges projects data migration from MapGuide; o Water, storm and road data migration; and o GPS data collection of asset information.

c. Deliverables and Outcomes:

The following items are the deliverables and outcomes that the Successful Proponent is to provide: o Enterprise ESRI geodatabase model, populated with existing City Sanitary Sewer data; o Trained proficient internal staff capable of accurately maintaining Sanitary Sewer infrastructure

data in ESRI and trained day to day users of the Sanitary Sewer ESRI GIS system; o Tool to maintain ESRI data; o Tool to extract ESRI data back into AutoCAD for design; o Reporting capability to:

• Provide summary data of sanitary sewer main size, material, age and location. • Provide summary data on sanitary sewer main repairs and blockages by year and location.

o Document outlining sanitary sewer as built and data maintenance workflows and responsibilities. o Sanitary sewer data maintained accurately directly in ESRI software by City staff.

d. Schedule

The Successful Proponent is to adhere to the following schedule:

MILESTONE ITEM COMPLETION DATE Close Request for Proposal July 21, 2016 Completion of contractor selection and negotiation August 15, 2016 Creation and approval of detailed project requirements, plan, budget and schedule

September 1, 2016

Completion of data model review and adjustment and related specifications

October 15, 2016

Completion of data migration November 30, 2016 Completion of user training and workflow documentation December 15, 2016 Substantial project completion (system into production) December 31, 2016.

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5.2 Storm Sewer GIS

a. In Scope Work The following items are considered to be work that is in the scope of services that the Successful Proponent is to provide: o Selection of data model for managing asset information related to the Storm Sewer system; o Modifications to the data model to meet City needs including asset details, inspection and

maintenance information, incident/observation reporting, identification of properties having special use permits and/or note of interest and identification of critical assets;

o Configuration of symbology and layering for displays and ESRI set up for desktop and as a web map service;

o Migration of existing storm sewer gravity mains, force mains, air release valves, control valves, manholes, lift stations, catchment area, flow direction and treatment facilities from AutoCAD/MapGuide information and information from paper records into ESRI ArcGIS system;

o Review, evaluate and select tools for maintaining the sanitary sewer data; o Link video inspections and video reports to the GIS data for most current inspection; o Migration of observations (by year) from paper records into GIS; o Development of data delivery specifications for contracts for video inspections to simplify the

import of inspection data into the GIS and creation of a rating system for pipe segments for condition ratings;

o Migration of incident reporting for storm sewer breaks and blockages and other incidents (by year) from AutoCAD/MapGuide information and information from paper records into ESRI ArcGIS system;

o Develop and deliver ESRI/GIS user training plan and support training to create proficient users; o Review, evaluate and select tools for extracting ESRI GIS data back into CAD for design purposes to

include storm sewer information; o Ensure the storm sewer pipe segment unique identifiers in GIS match those in the Storm Sewer

flow modelling application; o Development of reports to:

• provide summary data of storm sewer main size, material, age, pipe life expectancy and location;

• provide summary data on storm sewer main repairs by year and location. o Develop procedure and responsibility sheet to document storm main system data maintenance,

workflow and scheduling; o Modify the data model to support the input of attributes such as Storm sewer flushing, relining,

maintenance of treatment manholes, pipe condition, and pipe life based on destructive testing; and

o Bylaw schedules such storm area extension from MapGuide.

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b. Out of Scope Work The following items are considered to be work that is out of the scope of services that the Successful Proponent is to provide: o Mobile inspection tools / work management tools; o MapGuide replacement; o Training of field staff; o SCADA integration; o Implementation of document management system; o Scanning, organizing and linking paper documents other than As Built documents, observations,

video reports, breaks and blockages; o Reviewing, evaluating and selecting tools to extract ESRI GIS data to modelling analysis software; o Service card integration; o Integration with the service utilities database; o Integration with the CIS database; o Development of reports other than those listed in scope; o Link As Built records to the GIS infrastructure data; o Standards for asset numbering and field tagging; o 5 year budget information migration; o Master plan information migration; o Acquisition of new computer hardware; o Development cost charge projects migration from MapGuide; o Water, sanitary sewer and road data migration; and o GPS data collection of asset information.

c. Deliverables and Outcomes: The following items are the deliverables and outcomes that the Successful Proponent is to provide: o Enterprise ESRI geodatabase model, populated with existing City storm sewer data; o Trained proficient internal staff capable of accurately maintaining Sanitary Sewer infrastructure

data in ESRI and trained day to day users of the Storm Sewer ESRI GIS system; o Tool to maintain ESRI data; o Tool to extract ESRI data back into AutoCAD for design; o Reporting capability to:

• Provide summary data of storm sewer main size, material, age and location; • Provide summary data on storm sewer main repairs and blockages by year and location.

o Document outlining storm sewer as built and data maintenance workflows and responsibilities; and

o Storm sewer data maintained accurately directly in ESRI software by City staff.

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d. Schedule The Successful Proponent is to adhere to the following schedule:

MILESTONE ITEM COMPLETION DATE Close Request for Proposal July 21, 2016 Completion of contractor selection and negotiation August 15, 2016 Creation and approval of detailed project requirements, plan, budget and schedule

February 15, 2017


March 15, 2017

Completion of data migration May 1, 2017 Completion of user training and workflow documentation May 15, 2017 Substantial project completion (system into production) June 15, 2017

Note: The Successful Proponent may commence work on the Milestone Items in advance of the Completion Date specified above but the City will not execute payment for the work until after January 1, 2017.

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5.3 Roads GIS a. In Scope Work The following items are considered to be work that is in the scope of services that the Successful Proponent is to provide: o Selection of data model for road infrastructure and maintenance information; o Modifications to the data model to meet COP needs including asset details, inspection and

maintenance information, Pavement Distress Index or similar index and incident/observation reporting for items identified in Table 1 below;

o Modifications to the data model to allow for tracking of existing and planned facilities; o Migration of existing AutoCAD/MapGuide information and information from paper records into

ESRI ArcGIS system as identified in Table 1 below in either data migration or manual updates columns;

o Configuration of symbology and layering for displays and ESRI set up, including publishing a display as a web service on ArcGIS Server;

o Review, evaluate and select tools for maintaining road infrastructure data in an ESRI environment; o Develop and deliver ESRI/GIS user training plan and support training to create proficient users for

maintaining road infrastructure data; o Review, evaluate and select tools for extracting ESRI GIS data back into CAD for design purposes to

support consistency of road infrastructure data with tools developed for water, sanitary sewer and storm sewer;

o Development of reports, including the capability to export to excel, to provide summary data on: • length of roads by road classification; • area of asphalt by road classification and width; • length of curb by type; • length of sidewalk by type (curb line or boulevard); • area of road by road classification and condition Index; and • Provide summary date on road repairs by year and location.

o Develop procedure and responsibility sheet to document road infrastructure data maintenance, workflow and scheduling; and

o Key road and lane infrastructure information to be included in the data model, digital data migration or requiring manual update from paper is to be in accordance with Table 1:

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Table 1 - In-scope data items, contractor requirements, and data sources

Group Key Data Item Data

Mod

ellin

g

Data

Mig

ratio

n

Man

ual U

pdat

es

Data Source Notes

Road and lanes Centerline of road (center of paved roadway). X X Geometry stored in AutoCAD with

some basic attributes. Number of driving lanes in a road section. X Possibly some information in

AutoCAD/MapGuide but is very limited.

Number of parking lanes in a road section. X None. This will be updated by COP.

Number of bike lanes in a road section. X None. This will be updated by COP.

Asphalt widths (full asphalt width) by road section.

X X Excel.

Polygon feature of asphalt area from intersection to intersection.

X X AutoCAD polygon features.

Curb and/or shoulder type by road section. X X AutoCAD lines.

Sidewalk including type and width (including which sides of the road) inventory by road section.

X AutoCAD lines.

Road surface (pavers, asphalt, gravel, concrete, millings) type and thickness.

X None. This will be updated by COP.

Date of installation if known. X X Excel file listing by road section.

Road section identifier used to link to the pavement management reports.

X X AutoCAD attribute data.

Road classification(s) and rationalization and consolidate single classification based on a review of road classifications from MapGuide, the OCP and the Subdivision and Development Bylaw.

X X AutoCAD or other electronic data.

Lane classification to identify those used as primary access to properties.

X None. This will be updated by COP.

Road name standardization and consolidation from various sources.

X X X AutoCAD data and attributes in various files.

Speed limits by road segment. X None. This will be updated by COP.

Bridges, overpasses, and underpasses including data on allowable bridge loads for various wheel configurations

X X Paper records.

Guard rails and retaining walls location and attributes X None. This will be updated by COP.

Traffic calming areas (round-a-bout, speed bumps, traffic speed reader boards etc...)

X X AutoCAD data and attributes.

Location of traffic speed reader boards X X None. This will be updated by COP.

Road Planning

Road widening/narrowing planned areas. X X AutoCAD / MapGuide /SQL Server database.

Existing and future bike lanes from Schedule F of the OCP.

X X AutoCAD / MapGuide /SQL Server database.

Existing and future trails and bike paths from Schedule F of the OCP.


Warrant analysis reports linked to a location. X X Electronic Document (PDF or other similar format).

Traffic Impact Assessment Reports linked to a location.

X X Electronic Document (PDF or other similar format).

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Road and lane maintenance

Road surface maintenance (Crack and chip sealing, hot in-place recycling and other surface restorations).

X X X Some electronic data and historical sources such as paper records.

Pavement overlay. X X X Excel spreadsheet of road sections, historical paper records.

Pavement reconstruction. X X X Excel spreadsheet of road sections, historical paper records.

Transit Information

Routes and direction of travel. X X X AutoCAD data for routes, direction of travel must be manually determined.

Bus stops. X X AutoCAD / MapGuide /SQL Server database.

Facilities associated to bus stops such as benches, waste receptacles, route guides and schedules and shelters.

X X

Road inspections and condition

International Ride Index (IRI) tracked over time and linked to road segment.

X X Electronic Map data (require 2005/2016 data to be migrated).

Deflection testing measurements tracked over time and linked to road segment.


Pavement Distress Indexes (PDI) tracked over time and linked to road segment.


Condition index tracked over time and linked to road segment.


Sidewalk and ramp inspection ratings. X X ESRI enterprise geodatabase to be integrated into standardized environment.

Truck routes from Schedule A Order B-19 X X AutoCAD.

Snow and ice control routes/areas (priority 1, 2 and 3 areas and truck assigned to route)

X X AutoCAD.

Solid waste, recycle and lawn and garden waste collection routes (areas and details on directional route)


Pedestrian activated signal and special crossings locations and type

X X AutoCAD with attributes.

School and playground zones X X AutoCAD with attributes.

Road signs

Link sign type to template image or TAC number. X X AutoCAD with attributes.

Associated to structure sign is attached to (sign pole, electrical pole or other structure).

X X AutoCAD with attributes.

Table 1 identifies the contractor expectations for each key data item, basic details on data source(s) and if manual data capture for a particular item is required to be completed by the proponent. The basic proponent requirements are as follows: o Data Modelling – requires that the data model include provisions to allow the City of Penticton to

track identified information on a go forward basis. Items solely requiring data modelling will be the responsibility of the City of Penticton to populate after system delivery and sign-off;

o Data Migration – requires that the proponent convert existing electronic data sources into the final data model and perform quality control on the results; and

o Manual Updates – requires the proponent to utilize paper records to capture information to populate the GIS.

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b. Out of Scope Work The following items are considered to be work that is out of the scope of services that the Successful Proponent is to provide: o Mobile inspection tools / work management tools; o Building information; o Public notification and special event notification and tracking; o MapGuide replacement; o Training of field staff; o Implementation of document management system; o Modification of other systems at the City to utilize road names as a single authoritative source; o 5 year budget information migration; o Master plan information migration; o By-law schedules; o Development cost charge projects area; o Acquisition of new computer hardware; o GPS data collection asset information; o Creation of data not available in paper or electronic sources; o Traffic camera, controller and light information (already in electric utility GIS); o Contaminated sites and associated information; o Schedule F permits and service cuts in pavement; o Emergency response times; o Road markings; o Parking information; o Parking lot areas; o On street parking information (time allowances, location, resident only); o Parking meter locations and types; o Number of stalls; o Parking constraints (time limits); o Parking pay station locations; and o Reports for parking including:

• Number of parking meters; • Number of pay parking stations; and • Number of pay parking stall.

o Pedestrian crossings outside of pedestrian activated signals and special crossing locations; o Emergency measures information from the Penticton Evacuation Plan including:

• Critical infrastructure locations; • Evacuation area, expected population; and • Evacuation routes.

c. Deliverables / Outcomes

The following items are the deliverables and outcomes that the Successful Proponent is to provide:

o Enterprise ESRI geodatabase model, populated with existing City road infrastructure data; o Trained internal staff capable of accurately maintaining road infrastructure data in ESRI as

proficient ESRI GIS users; o Tool to maintain ESRI data; o Tool to extract ESRI data back into AutoCAD for design; o Reporting capability; o Document outlining road As Built and data maintenance workflows and responsibilities; and o Road data maintained accurately in ESRI software by City staff.

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d. Schedule The Successful Proponent is to adhere to the following schedule:

ITEM COMPLETION DATE Close Request for Proposal July 21, 2016 Completion of contractor selection and negotiation August 15, 2016 Creation and approval of detailed project requirements, plan, budget and schedule

February 15 2017


April 15, 2017

Completion of data migration May 30, 2017 Completion of user training and workflow documentation June 15, 2017 Substantial project completion (system into production) June 30, 2017

Note: The Successful Proponent may commence work on the Milestone Items in advance of the Completion Date specified above but the City will not execute payment for the work until after January 1, 2017.

6.0 ROLES AND RESPONSIBILITIES

6.1 Project Manager – The City will assign a Project Manager who will be responsible for following (at minimum):

a. Liaising with City staff and the Successful Proponent. b. Providing support to the Successful Proponent in terms of setting up, scheduling and providing

venues for meetings. c. Sign off on project milestones, deliverables and approving the invoices from the Successful

Proponent.

6.2 Infrastructure GIS Committee – The Infrastructure GIS Committee is a group of staff members representing the Engineering, Public Works, Electrical, Information Technology and Planning Departments. This Committee will be the group that the Successful Proponent will have to work with on the project. They will provide input and guidance to the Successful Proponent on the direction the project is to take and will make decisions on how to address issues as they arise.

6.3 The Successful Proponent - Will be responsible for the following (at minimum):

a. Executing the consulting agreement. b. Designating a Team Lead for the project. c. Liaising with Project Manager and the Infrastructure GIS Committee. d. Submitting invoices for payment at agreed upon milestones. e. Undertaking the work required with providing the City with a fully functional GIS system for the

Sanitary Sewer, Storm Sewer and Road systems. f. Developing and leading the training required to create proficient super users and daily user of GIS. g. Preparing and distributing meeting agenda and minutes of all meetings within five (5) days of the

meeting. h. Providing all deliverables and outcomes for the project as noted in Sections 5.1 – 5.3. i. Completing the project on time and on budget.

7.0 DELIVERABLES AND OUTCOMES The Successful Proponent will provide the deliverables and outcomes as noted in Sections 5.1 – 5.3.

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8.0 PROPOSAL SUBMISSION The Proponents proposal must be no more than 15 pages in length, single sided, single spaced, font size 11 plus appendices. Please note appendices are not part of the 15 page restriction. The Proponent shall include the following sections in their Proposal Submission:

8.1 Letter of Transmittal - Dated and signed by an official authorized to negotiate, make commitments, and provide any clarifications with respect to the proposal on behalf of the Proponent.

8.2 Description of the Firm – A brief corporate profile that covers the company’s history and office location. The same information is to be provided for significant sub-consultants working of the project.

8.3 Description of the Team - Details including a list of project team members, with a full description of their involvement on the project as well as related experience on similar projects. Project team members identified are to remain on the project until completion. Any changes in project team members will be subject to City of Penticton approval.

8.4 Methodology to be Employed – The Proponent is to provide a detailed description of what they see the key issues to be and the methodology they would apply to successfully see the work completed in a manner consistent with the requirement of this Proposal Call.

8.5 References - From two (2) clients, of which at least one (1) will be municipal, are to be included. Each of the references shall include the complete company name, contact person, contact person’s title and phone number including area code. The references shall reflect companies to whom similar work has been provided and which included the proposed project team members.

8.6 Project Schedule – The Project Schedule for completing all tasks of this RFP is required and should, in detail, outline tasks for completion, task timelines, milestone dates and the project team members involved in each task. A detailed breakdown in the number of hours for each team member is required for each task. The Proponent shall also identify any meeting times with City of Penticton staff to develop the details of the data model, present project results and deliverables.

8.7 Cost - Costing shall include a lump sum project price on the Costing Sheet provided in Schedule C –

Costing Sheet as well as a cost breakdown for each phase identified by task as noted in Schedule C – Costing Sheet. The cost breakdown shall include at minimum:

a. Hourly rates and associated fees for each project team member; b. Project fees by project team member and by hours worked per task; c. Fees and expenses for required consultations shall be identified separately to allow for adjustment; d. Project disbursements by phase, or, where applicable, by individual task; and e. Total fees and total disbursements for this RFP.

Proponents may present an item that they consider being additional to the scope of this RFP. All such items must be identified as additional or optional and priced separately.

8.8 Schedule C – Costing Sheet must be completed by the Proponent.

8.9 Schedule D - Certification Document must be completed and signed. Failure to complete, sign and

submit the Certification Document may disqualify the proposal submitted.

8.10 Schedule E – The Conflict of Interest Certification must be completed and signed. Failure to complete, sign and submit the Conflict of Interest Certification may disqualify the proposal submitted.

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SCHEDULE B – FORM OF CONTRACT

CONSULTING AGREEMENT THIS AGREEMENT dated for reference the day of BETWEEN: THE CORPORATION OF THE CITY OF PENTICTON

a municipality pursuant to the Community Charter, S.B.C. 2003, c. 326 having an address at 171 Main Street, in the City of Penticton, Province of British Columbia, V2A 5A9

(the “City”)

AND:

(the “Consultant”) WHEREAS: The City desires to engage the services of the Consultant as an independent Consultant to perform consulting services and the Consultant has agreed to provide consulting services subject to the hereinafter terms and conditions. NOW THEREFORE in consideration of the premises and of the mutual covenants and agreements herein set forth and contained, the parties agree each with the other as follows: 1. Interpretation

1.1. For purposes of this Agreement, except as otherwise expressly provided:

a. Section - all references in this Agreement to a designated “section” or other subdivision or to a Schedule is to the designated section or other subdivision of, or Schedule to, this Agreement;

b. Whole Agreement - the words “herein”, “hereof”, “hereunder” and other words of similar

import refer to this Agreement as a whole and not to any particular section or other subdivision or Schedule;

c. Headings - any headings have been inserted for convenience only and do not form a part of

this Agreement and are not intended to interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof;

d. Non-limiting - the singular of any terms includes the plural, and vice versa; the use of any term

referable to a particular gender is equally applicable to any gender and, where applicable, a body corporate; the word “or” is not exclusive and the word “including” is not limiting (whether or not non-limiting language, such as “without limitation” or “but not limited to” or words of similar import is used with reference thereto).

2. Retainer of Consultant and Consulting Periods

2.1. The City hereby retains the Consultant as an independent Consultant to provide the Services as described in Schedule “A” attached hereto for the term referred to therein (collectively the “Services”) and the Consultant agrees to provide the Services.

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2.2. The term of this Agreement may be extended or amended by mutual consent of the parties. A written notice of proposed changes shall be given by the Consultant or by the City and within five (5) business days of the party receiving the notice the said party shall indicate, in writing, acceptance, rejection, or request for further time to review or request submission of additional supporting information.

3. Services

3.1. The Consultant shall report directly to Chris Schmidt, Facilities Supervisor or such other person as the Supervisor, Title may direct from time to time.

3.2. While the Consultant shall not be obligated to provide the Services to the City on an exclusive basis

and shall be at liberty to provide the Services to others provided there is no conflict with respect thereto, the Consultant agrees that it shall provide the Services referred to herein on a timely basis and in accordance with the following milestone dates:

3.3. The Consultant covenants and agrees that the Consultant will at all times during the term of this

Agreement carry out and provide the Services to be provided by the Consultant as referred to herein.

3.4. The Consultant shall exercise a degree of care, skill and diligence normally provided in the performance of the Services in respect of projects of a similar nature to the Services required under this Agreement.

3.5. The Consultant shall comply with all reasonable requirements established by the City for the

performance of the Services including but not limited to safety, security, emergency procedures and access.

3.6. The Consultant shall submit to the City regular progress reports as referred to in Schedule “A” with

respect to the Services and such additional reports as may be reasonably required by the City from time to time.

4. Compensation

4.1. The Consultant shall receive from the City for the performance of the Services rendered to the City under the terms of this Agreement, compensation in the amount of $AMOUNT dollars + applicable taxes and not to exceed as allocated pursuant to Schedule “B” pursuant to monthly invoices approved by the City and paid within thirty (30) days from receipt thereof by the City.

4.2. Each payment shall be made to the Consultant by way of cheque or bank draft, made payable to the

Consultant. The City’s payment is subject to receipt of the Consultant’s invoice for each pay period. 5. Independent Consultant

5.1. The Consultant shall be an independent Consultant in performing the Services hereunder. As an independent Consultant, the Consultant shall be responsible for the payment of all income taxes attributable to any payments made under this Agreement during the period of this Agreement. The Consultant agrees to indemnify and save harmless the City from and against any and all manner of actions, claims and demands which may be made against it in respect of any fees, assessments, levies, rates, taxes or other charges made, demanded, assessed or otherwise claimed by any provincial or federal government or other body of competent jurisdiction in respect of any monies paid to the Consultant under this Agreement.

6. Conflict of Interest

6.1. The Consultant shall disclose any potential conflict of interest to the City, including any existing or

previous:

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a. agreements with clients involved in litigation or legal actions with the City or its employees, b. relationships or contracts with project stakeholders, or c. agreements or relationships with real-estate developers, realtors, real-estate investment firms

and any individual or organization that could be expected to benefit or suffer financially from the outcomes of the City’s planning activities, or

6.2. City may terminate, alter or suspend this Contract based on any real or perceived conflict of interest.

7. Confidentiality

7.1. The Consultant acknowledges that in the performance of the Consultant’s responsibilities hereunder, the Consultant may have access to confidential information, records and customer lists of the City (the “Confidential Information”). During and after the terms of this Agreement, the Consultant shall not, directly or indirectly, disclose such Confidential Information to any person or use any such Confidential Information, except:

a. as required in the course of performing such Services and then only to staff on a need-to-know

basis; or

b. with the prior written consent of the City;

and all Confidential Information which the Consultant shall prepare or use or come in contact with shall be and remain the City’s sole property and shall not be removed from the City’s premises without its prior written consent, except as required in the normal course of performing the Services under this Agreement.

7.2. The Consultant agrees that all base materials, research results, computer programs, computer files, drawings, documents and notes and materials of any type whatsoever developed or prepared by the Consultant (hereinafter called the “Documents”) in the performance of the Services shall vest and become the absolute property of the City, including copyright of such Documents and upon completion of the Services or termination of this Agreement, all copies of Documents shall be delivered by the Consultant to the City. The Consultant may retain one copy of its Documents for record purposes. Once the City has possession of the Documents, the City is solely responsible for the use the City makes of such Documents.

7.3. The Consultant agrees that all restrictions in this Article 7 are reasonable, fair and valid in all the

circumstances and, to the fullest extent permitted by law, hereby waives all defenses to the strict enforcement thereof by the City.

8. Suspension of Agreement

8.1. Either party may, at any time, by notice in writing, suspend the Services.

8.2. The City shall pay all fees accrued due to the Consultant to the time of suspension, but payment of all other fees may be suspended by the City.

8.3. The City shall not be responsible for any fees incurred by the Consultant during the period of any

suspension unless the Consultant satisfies the City, before incurring any such fees of the necessity for the same and provides the City with such documentation as may be required by the City in support of the claim for fees.

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9. Termination

9.1. City Termination The City may terminate this Agreement in the event the Consultant:

a. fails to complete the Services or any portion thereon within the time specified by this Agreement;

b. becomes insolvent;

c. commits an act of bankruptcy;

d. assigns this Agreement without the required written consent of the City;

e. fails to adhere to or perform any of the provisions of this Agreement; or

f. has any conflict of interest which may, in the opinion of the City, adversely affect any project for

which the Services are being provided. Consultant Termination The Consultant may terminate this Agreement in the event the City:

g. becomes insolvent;

h. commits an act of bankruptcy; or i. fails to adhere to or perform any of the provisions of this Agreement.

9.2. The City may terminate this Agreement upon seven (7) days’ prior written notice in the event funds

are not available for completion of the Services or the City abandons the project for which the Services were intended.

9.3. The Consultant, upon termination of this Agreement for any of the reasons set out in Article 9.1 (a-f)

herein, shall be liable to, and upon demand, shall pay to the City an amount equal to all loss or damages suffered both directly and indirectly by the City as a result of the non-completion of the Services.

9.4. The Consultant agrees that the termination or suspension of this Agreement or any change thereto

does not operate as to relieve or discharge the Consultant from any obligation under this Agreement or impose upon him by law in respect of the Services or any portion thereof of the Services that the Consultant has completed to the date of such termination or suspension.

9.5. Subject to Article 9.1 herein, the City shall, in the event of termination of this Agreement, pay to the

Consultant all amounts for completed work to the Consultant in accordance with this Agreement as well as all reasonable fees incurred up to date of termination. The City shall have no further liability of any nature whatsoever to the Consultant for any loss of profit or any other losses suffered, either directly or indirectly, by the Consultant as a result of the termination of this Agreement.

9.6. The Consultant shall, upon termination, forthwith provide to the City a reproducible copy of all

materials used by the Consultant or prepared by the Consultant in regards to the Services.

9.7. Notwithstanding anything herein to the contrary, the City may, for whatever reason, terminate this Agreement on one (1) month prior written notice to the Consultant, in which case the term of this Agreement shall expire upon the effective date set out in the aforesaid notice, and the City shall have no further obligation to the Consultant for the balance of the term of this Agreement save and except as may exist on the termination date.

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10. Obligations of the Consultant

10.1. Time of the Essence

Unless otherwise provided, time shall be of the essence. 10.2. Patent Infringement (if applicable)

The Consultant shall pay all royalties and patent license fees required for the performance of the agreement. The Consultant shall hold the City’s elected representatives, appointed official employees and Managers harmless from and against all claims, demands, losses, costs, damages, actions, suits, or proceeding arising out of the Consultant performance of the Contract which are attributable to an infringement or an alleged infringement by the Consultant and/or anyone for whose acts it may be liable, of any patent or invention. If the City shall be prevented by permanent injunction from using any product or equipment, the Consultant shall substitute at no additional cost to the City, such product or equipment equally suitable, all subject to approval by the City prior to installation of any substitute product or equipment.

10.3. Registration with WorkSafe BC (WCB)

The Consultant and any Sub-Consultant must be registered with WorkSafe BC (WCB), in which case

WorkSafe BC (WCB) coverage must be maintained for the duration of the Contract. Prior to commencing the Work, the Consultant is required to submit a WorkSafe BC (WCB) Clearance Letter indicating that all WCB assessments have been paid.

The Consultant shall ensure compliance on his part with the Workers' Compensation Act and any

regulations there under, especially provisions of said Act or of regulations under said Act having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including proper sanitation and ventilation.

In any case where pursuant to the provisions of the Workers' Compensation Act, the Workers'

Compensation Board orders the Consultant in respect of his operations under this Agreement, to cease operations because of failure to install or adopt safety devices or appliances directed by the order of the said Board, or required under said Act or regulations there under or because said Board is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, or because of lack of payment of an account due to the Board, the City on twenty-four (24) hours written notice to the Consultant, may terminate the Contract.

10.4. Insurance Protection and Damage

Before commencing the Work, the Consultant shall file with the City, certificates of all insurance policies acceptable to the City. These certificates shall state that the insurance complies with the requirements of the City and that the territory of the policy includes the country in which the Work is to be constructed.

• Each insurance policy required under this Article shall contain an endorsement to provide all

additional insured with prior notice of changes and cancellations. Such endorsement shall be in the following form:

"It is understood and agreed that the coverage provided by this policy will not be changed or amended in any way or cancelled until thirty (30) days after written notice of such change or cancellation shall have been given or sent by registered mail to all additional insured."

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• Should the Consultant fail to make a payment of any premiums or other assessments required by the Consultant's insurers to maintain such policies in force and effect, the City may in their discretion make payment of such premiums or assessments and deduct the amount thereof from such monies as may then or later be payable to the Consultant pursuant to this Contract or recover the same from the Consultant as the City in its discretion may determine.

• Whenever the word The City is to appear in the insurance policies, the legal name shall be

inserted. a) Comprehensive General Insurance:

The Consultant shall maintain, in full force and effect with A rated insurers licensed in the Province of British Columbia, Comprehensive General Liability in respect to the Services and operations of the Consultant for bodily injury and/or property damage with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence.

b) Protection of Work, Property and Public:

• The Consultant shall comply with all applicable laws, ordinances, rules, regulations and lawful

orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss.

• The Consultant shall protect the property adjacent to the Work areas from damage as the result

of operations under the Contract. The Consultant shall protect the Work and the City's property from damage and shall make good at their own expense any damage which may arise as the result of the Consultant’s operations under the Contract.

c) Consultant's Insurance:

• Public Liability & Property Damage Insurance. The Consultant shall save and hold harmless the City, its officers, Managers, servants and employees, from and against any and all suits or claims alleging damage or injury (including death) to any person or property that may occur or that may be alleged to have occurred, in the course of the performance of this Contract, whether such claim shall be made by an employee of the Consultant, or by a third person and whether or not it shall be claimed that the alleged damage or injury (including death) was caused through a wilful or negligent act or omission of the Consultant, its officers, servants, Managers or employees, or a wilful negligent act or omission of any of its Sub-Consultants or any of their officers, servants, Managers or employees; and at its own expense, the Consultant shall defend any and all such actions and pay all legal charges, costs and other expenses arising there from.

• The Consultant shall maintain and keep in force during the term of the Contract and until the

date of the completion certificate, Two Million Dollars ($2,000,000) inclusive limits for public liability and property damage, against liabilities or damages in respect of injuries to persons (including injuries resulting in death) and in respect of damage to property arising out of the performance of work.

• The Consultant shall, at the time the Contract is signed, submit to the City two copies of the

insurance policies required under this Article and shall also provide to the City from time-to-time, as may be required, satisfactory proof that such policies are still in full force and effect.

• The City shall be an additional insured on the policy. The policies shall preclude subrogation

claims by the insurer against anyone insured there under. In addition, such insurance policy shall include the following "Cross Liability" clause:

• "The insurance afforded by this policy shall apply in the same manner, as though separate

policies were issued, to any action brought against any of the additional insured by or on behalf of any other an additional insured."

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d) Equipment Insurance

Notwithstanding anything contained elsewhere herein, it is understood and agreed that the City shall not be liable for any loss or damage to Consultant's equipment, including loss or use thereof. Each and every policy insuring the Consultant's equipment to be used on the work shall contain the following clause:

"It is agreed that the right to subrogation against the City or any of its officers, employees, or Managers or their parent, subsidiary, affiliated, or associated companies or corporations, is hereby waived."

e) Automotive Insurance:

A minimum of Two Million Dollars ($2,000,000) of public liability and property damage insurance shall be carried on all automotive equipment.

f) Errors & Omissions Insurance:

The Consultant shall, at the Consultant’s expense, establish and maintain professional errors and omissions insurance to the following minimum requirements:

Minimum Insurance

Consulting Services for projects $ 250,000 not exceeding $50,000 in value Consulting Services for projects $ 2,000,000 exceeding $50,000 The Maximum deductible in all categories shall be $ 50,000 • The Consultant accepts responsibility for the acts and omissions of all Sub-Consultants it

may engage in rendering the Service on the Project. • The Consultant’s professional errors and omissions insurance shall remain in force for the

life of the Project and for twelve (12) months after substantial completion, and shall contain the following endorsement to provide the City of Penticton with prior notice of changes and cancellations.

10.5. Indemnity

The Consultant shall at all times indemnify, defend, release, hold harmless and forever discharge the City, and the City’s elected and appointed officials, officers, employees and agents from and against all liability, claims, damages, losses, costs, actions, causes of action, suits, proceedings and expenses at law and in equity, whether known or unknown, including all actual legal and other professional fees and disbursements on full indemnity basis, whether arising directly or indirectly from death, personal or bodily injury, sickness, disease, property loss, property damage or other loss or damage which may result from or be connected with the performance of this Agreement, including any breach or default of this Agreement by the Consultant or its employee.

10.6. The aforesaid insurance shall be in a form and with insurers acceptable to the City’s Director of

Corporate Services. Certificates of Insurance shall be attached to this Contract as Schedule “C” and evidence if Renewal and Notice if Termination shall be provided to the City not less than thirty (30) days prior to the expiry dates or cancellation of the policies as the case may be.

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10.7. With respect to Section 9. the Consultant shall be responsible for the payment of all premium and deductible amounts relating to the said insurance policies and the Consultant shall maintain the aforementioned insurance from the date of this Agreement until the written notice from the City that the project for which the Services are to be provided is complete.

11. Sub-Consultants

11.1. The Consultant may retain the Services of a Sub-Contractor as may be required to perform the Services.

11.2. The Consultant shall be responsible for all Services under this Agreement even if Sub-Contractors are

retained 11.3. For Sub-Contractors retained by the Consultant, the Consultant shall bind the Sub-Contractors to the

terms of this Agreement. 12. Legal Requirements

12.1. The Consultant shall ensure that the Services comply with all relevant legislation including Statutes, Codes, Bylaws and Regulations as well as City policies and procedures. Where there are two or more laws, ordinances, rules, regulations or codes applicable to the Services, the more restrictive shall apply.

12.2. The Consultant shall apply and pay for all necessary permits or licenses required for the execution of

the Services. 12.3. The Consultant shall be responsible for the safety of their workers and equipment in providing the

Services and those of the Sub-Contractors for the purposes of ensuring compliance with safety regulations for the Consultant and all Sub-Contractors.

13. General

13.1. The Consultant shall not be considered to be a partner of the City. 13.2. This Agreement constitutes and expresses the whole agreement of the parties with reference to the

engagement of the Consultant by the City. 13.3. This Agreement shall be governed by and interpreted in accordance with the law of the province of

British Columbia and each of the parties, by executing this Agreement, irrevocably attorns to the exclusive jurisdiction of the courts of British Columbia.

13.4. Any notice to be given by the Consultant under this Agreement shall be in accordance with the

provisions of the Community Charter of British Columbia, and if by the City of the Consultant hereunder, any notice hereunder shall be deemed to have been well and sufficiently given if mailed by pre-paid express mail, faxed or electronically mailed to, or delivered:

to the Consultant at: _______________________________________ _______________________________________ _______________________________________ _______________________________________

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or such other addresses as the Consultant may from time to time direct in writing, and any such notice by the City to the Consultant shall be deemed to have been received, if mailed, five (5) days after the time of mailing, or if electronically mailed or facsimiled, then seventy-two (72) hours after the time of electronic mailing or facsimileing, and if delivered, from the date of delivery. If normal mail service, electronic mail service or facsimile service is interrupted by strike, slow down, force majeur or other cause, a notice sent by the impaired means of communication will not be deemed to have been received until actually received and the City may utilize any such services which have not been so interrupted or at any other address that any party may from time to time designate by notice in writing to the other party. Any notice shall be received if delivered in person, when delivered and if delivered by facsimile transmission, on the first business day following such transmission.

13.5. The parties shall execute such further agreements or instructions and shall do such further things as

may be required to give effect to this Agreement. 13.6. This Agreement shall enure to the benefit of and be binding upon the heirs, executors,

administrators, legal personal representatives and permitted assigns of the parties. 13.7. This Agreement may not be assigned by the Consultant. 13.8. This Agreement may be executed by the parties and transmitted by facsimile or electronic mail and if

so executed and transmitted, this Agreement will be for all purposes as effective as if the parties hereto had delivered an executed original of this Agreement.

13.9. This Agreement may be executed in any number of counterparts, each of which so executed shall be

deemed an original and the counterparts together form a valid and binding Agreement which may be sufficient evidence by any one such original counterpart.

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13.10. In the event this Agreement is executed by two or more persons, the covenants and agreements herein contained will be joint and several covenants.

13.11. No provision of this Agreement shall be deemed to have been changed unless made in writing

signed by the City and the Consultant, and if any provision is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the remaining provisions of this Agreement and such provisions shall be severable from the remainder of this Agreement.

13.12. This Agreement takes precedent over any contrary clauses in the Consultants’ attachments.

IN WITNESS WHEREOF this Agreement has been executed as of the day and year first above written.

THE CORPORATION OF THE CITY OF PENTICTON by its authorized signatories: Eric Sorensen City Manager Mitch Moroziuk General Manager of Infrastructure COMPANY NAME by its authorized signatories: Signatory Signatory

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SCHEDULE C – COSTING SHEET

Task Number

Task Description Man Power Hours (Hrs)

Man Power Cost

($)

Disbursements & Travel ($)

TOTAL Cost ($)

1.0 SANITARY SEWER GIS

1.1 Data modelling $ $ $

1.2 Creation of summary reports for sanitary sewer asset and repairs

$ $ $

1.3 Data migration of AutoCAD data, spread sheet data, databases and paper records to ESRI GIS

$ $ $

1.4 Documentation of workflows and business processes

$ $ $

1.5 System configurations $ $ $

1.6 Training $ $ $

SUBTOTAL $

Contingency (20%) $

Project Management (10%) $

TOTAL ITEM 1.0 SANITARY SEWER GIS (A) $

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Task

Number Task Description Man Power

Hours (Hrs)

Man Power Cost

($)


TOTAL Cost ($)

2.0 STORM SEWER GIS


2.2 Creation of summary reports for storm sewer asset and repairs

$ $ $


$ $ $


$ $ $


2.6 Training $ $ $

SUBTOTAL $

Contingency (20%) $


TOTAL ITEM 2.0 STORM SEWER GIS (B) $

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Task Number

Task Description Man Power Hours (Hrs)

Man Power Cost

($)


TOTAL Cost ($)

3.0 ROADS GIS


3.2 Creation of summary reports for road assets and repairs

$ $ $


$ $ $


$ $ $


3.6 Training $ $ $

SUBTOTAL $

Contingency (20%) $


TOTAL ITEM 3.0 ROADS GIS (C) $

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COSTING SHEET SUMMARY

Task Number Task Description TOTAL Cost ($)

1.0 TOTAL ITEM 1.0 SANITARY SEWER GIS (A) $

2.0 TOTAL ITEM 2.0 STORM SEWER GIS (B) $

3.0 TOTAL ITEM 3.0 ROADS GIS (C) $

SUBTOTAL $

P.S.T. if applicable $

G.S.T. if applicable $

TOTAL ALL ITEM $

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SCHEDULE D – CERTIFICATION DOCUMENT Certification: We have carefully read and examined the RFP document and have conducted such other investigations as were prudent and reasonable in preparing this response. We certify that the statements made in this response are true and complete. These statements and prices in our Proposal represent our response to the City of Penticton. We agree to be bound by statements and representations made in this response and to any agreement resulting from this response. We hereby agree that this RFP response may only be withdrawn by written notice delivered to the office of the Purchasing Manager prior to the time set for the opening of Proposals. We agree that the RFP response attached hereto shall be irrevocable by us for a period of sixty (60) days after the date of the opening of the RFP. Print Company Name and Address: Print Name and Title of Authorized Signing Officers: Signature of Authorized Signing Officer: Telephone Number: Fax Number: E-mail address:

Signed this day of , 2016.

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SCHEDULE E – CONFLICT OF INTEREST CERTIFICATION

The City of Penticton requires all Proponents to certify either statement A or statement B below: We certify that: 1. Our affiliates, subsidiaries, officers, directors, and employees have not received any additional information,

documents, drawings or specifications with respect to this RFP, other than has been made available to or disclosed to all bidders as part of the RFP process;

2. The prices(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, Proponent, or potential Proponent;

3. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or non-competitive bid;

4. That none of our affiliates, subsidiaries, officers, directors and employees are currently under investigation by any government agency involving conspiracy or collusion with respect to bidding on any public contract;

5. That none of our officers, directors or any person employed by or associated with our company in the performance of services or otherwise, is an employee of, or has an employment relationship of any kind with the City of Penticton or is in any way entitled to terms or conditions of employment or employment benefits of any kind whatsoever from the City of Penticton under any collective agreement or otherwise including but not limited to private programs or coverages and statutory programs and coverages, whether under the Employment Standards Act of British Columbia (as amended from time to time), the Workers Compensation Act of British Columbia (as amended from time to time), the Employment Insurance Act of Canada (as amended from time to time), health plan contributions, or otherwise. We understand that the City will investigate any disclosure under this section and determine whether the conflict is material. The determination of materiality will be determined by the Chief Financial Officer or designate; and

6. This certification is material and important, and will be relied on by the City of Penticton in awarding the contract(s) for which this document is submitted. We understand that any misstatement in this certification is and shall be treated as fraudulent concealment from the City of Penticton of the true facts relating to the submission of Proposals for this Contract.

Print Company Name and Address:

Print Name and Title of Authorized Signing Officers:

Signature of Authorized Signing Officer: Signed this day of , 2016

OR

We cannot certify the statements listed above for the following reasons: Print Company Name and Address: Print Name and Title of Authorized Signing Officers: Signature of Authorized Signing Officer: Signed this day of , 2016