request for proposal · • department of fisheries and oceans – north breakwater design plans,...

Note: Should any potential Proponent download this Request for Proposal, it is the Proponent’s responsibility to check for Addenda, which will be posted on the Regional District of Central Okanagan’s website (www.regionaldistrict.com/purchasing)

REQUEST FOR PROPOSAL Project: Okanagan Centre Harbour North Breakwater Assessment & Design Request For Proposal #: R13-075 Date of Issue: April 11, 2013 Closing Location: by hand, mail or courier to:

Regional District of Central Okanagan Reception 1450 KLO Road Kelowna, BC V1W 3Z4

Closing Date and Time:

Three (3) complete copies of each Proposal must be received prior to 3 pm Pacific Time, April 30th, 2013

Proponent’s Meeting:

April 18th, 2013, 9:00 a.m. at the main entrance to Okanagan Centre Harbour Regional Park, Okanagan Centre Road West and 10th Street, Lake Country, B.C.

Enquiries: all enquiries must be directed to:

Andy Brennan – Purchasing Manager 1450 KLO Road Kelowna, BC V1W 3Z4 Tel: 250-469-6170 Fax: 250-469-6171 [email protected]

Regional District of Central Okanagan Request For Proposal – R13-075

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TABLE OF CONTENTS

TERMS OF REFERENCE 1. Introduction 2. Scope of Work 3. Request for Proposal Terminology 4. Proposal Submission 5. Proposal Evaluation 6. General Terms & Conditions • APPENDIX A: FORM OF CONTRACT - CONSULTING SERVICES AGREEMENT

o ATTACHMENT A: INSURANCE REQUIREMENTS o ATTACHMENT A1: CERTIFICATE OF INSURANCE

• APPENDIX B: CERTIFICATION DOCUMENT (FOR PROPONENT TO RETURN) • APPENDIX C: REMUNERATION (FOR PROPONENT TO RETURN)


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TERMS OF REFERENCE

1 Introduction

This RFP document describes the supply of consulting services sought by the Regional District of Central Okanagan, and sets out the Regional District’s RFP process, evaluation and selection process, and Proposal requirements. Regional District: Full details on the Regional District of Central Okanagan can be found on our website at the following location: www.regionaldistrict.com Project Overview The Regional District of Central Okanagan owns and operates the Okanagan Centre Harbour Regional Park and the harbour infrastructure, located off of Okanagan Centre Road West and 10th Street, in the District of Lake Country, B.C. The harbour and surrounding park amenities provide year round public access for boat launching, fishing and a sheltered safe refuge for boats during storms on Okanagan Lake. There is no overnight moorage provided at this harbour facility. The original Okanagan Centre Small Craft Harbour was constructed in the 1970’s by the Federal Department of Fisheries and Oceans (DFO). Prior to the transfer of the harbour to the RDCO in 1996, DFO rebuilt both breakwaters. Since 2005, there has been more frequent maintenance put towards repairing and replacing rotted wood members on both breakwaters to prevent structural failure of the structures. In 2011, the south breakwater pier was completely demolished and in 2012, a new south breakwater was constructed of steel H-piles and wafflecrete panels. The north breakwater pier is used by recreational fisherman and will continue to provide public access on it. Through this Request for Proposal, the Regional District wishes to engage a qualified professional engineering consultant, with direct experience in marine environments and structures, to carry out inspections and structural assessment on the condition of the north breakwater and to prepare a life cycle maintenance and operations plan, plus design, for the north breakwater at the Okanagan Centre Harbour Regional Park.

http://www.regionaldistrict.com/


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2 Scope of Work

The Regional District has the following overall objectives for its project at Okanagan Centre Harbour:

• To address the deteriorating condition of the north breakwater and to bring this marine recreational facility back to its functional capacity as a safe harbour and fishing pier for the public.

• To refurbish and repair the existing north breakwater by replacing rotted

wood piles and timbers with similar materials or better for longevity. The consultant’s Scope of Work resulting from this RFP is in direct support of these objectives. The following work shall be undertaken by the Consultant within the scope of the project Lump Sum Price submitted:

2.1 Requirements and Scope of Work:

a) Start-up: convene a meeting with Regional District staff to clarify the primary objectives and to map a probable course for the project.

b) North Breakwater Inspection: conduct an inspection of the 58 metre long north breakwater (including piles, timber components and hardware) using a combination of acceptable inspection methods such as visual observation, hammering, drilling, coring and divers, as required, to detect damage and decay.

c) Approach Inspection: conduct an inspection of the approach to the

breakwater and provide recommendations on required repairs to the surfacing on the approach.

d) Report & Plan: prepare an assessment report and plan on the north

breakwater condition, residual life estimates on structure and components, recommendations on schedule and costs for repair/replacement options based upon the immediate, short, medium and long term needs.

The plan will outline the methodology and timeline to assist the RDCO in carrying out the required repairs to the north breakwater in order to provide a functional harbour and sustainable breakwater.

e) Detailed Design & Drawings: prepare structural design and

construction drawings and specifications sufficient for Invitation to Tender documents, in order to select a contractor to carry out repairs to


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the north breakwater and approach. Note: Invitation to Tender process will be conducted by RDCO.

f) Interim Meeting: Convene an interim meeting with Regional District

staff to review draft assessment report and structural design drawings.

g) Final Report Package: deliverables are Two (2) hardcopies (Bound) and Digital Copy (Microsoft Word and PDF format) of the Okanagan Centre Harbour Regional Park North Breakwater Assessment, encompassing all work as identified in the Scope of Work.

h) Final submission of all deliverables, as listed in this Scope of Work, is

due by June 14, 2013.

2.2 Extra Work:

The following work shall be considered extra work, and will be provided by the Consultant, only if requested by the RDCO, at the rates as specified in Appendix C:

a) Small Floating Dock: subject to obtaining approval from the Ministry of FLNRO, the Consultant shall prepare design and construction drawings and specifications to be used in an Invitation to Tender for a small floating dock at the harbour. The approximate dimensions of the floating dock are 1.5 m wide by 20 m long.

b) Construction Inspections: the Consultant shall provide construction inspection services to include field inspections during repair work and final inspection of completed work on the north breakwater.

2.3 Additional information:

a) Recommendations for repairs on the north breakwater must be in accordance with Provincial and Federal regulations and permit approvals, best management practices and QEP environmental requirements.

b) Proponents should be familiar with acceptable inspection methods and

procedures, as outlined in the Canadian Coast Guard Harbours and Ports, “Procedures for Inspection and Assessment of Fixed Timber Docks”, 4th Edition by RG Sexsmith Ltd.


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c) Supporting Documents: The following pertinent background reports and design plans are available at the Regional District of Central Okanagan Reception for collection by Proponents:

• Department of Fisheries and Oceans – North Breakwater Design Plans, 1993.

• Pile Installation Summary Report for Proposed Pier, prepared by Interior Testing Services Ltd, October 2011.

• Environmental Assessment for the Okanagan Centre Harbour Regional Park – Harbour Infrastructure Upgrade, prepared by Ecoscape Environmental Consultants Ltd., May 2011.

2.4 Estimated Timeframes: The following outlines the anticipated schedule for the Request for Proposal and Contract process. The timing and sequence of events resulting from this Request for Proposal may vary and shall ultimately be determined by the Regional District. Event Anticipated Date Request for Proposal is Requested /Issued April 11, 2013 Last day for questions to be submitted April 23, 2013 Request for Proposal closes April 30, 2013 Award Issued May 6, 2013 Project Completed June 14, 2013

Project Location MapOkanagan Centre Harbour Regional Park

North Breakwater Project

Ü

0 4020Meters

1:750

Okanagan Lake

Okanagan Centre Road

10th St.

April 3, 2013

South Breakwater Pier Demolished

in 2011 & Replaced

in 2012

North Breakwater Pier

Note: Orthophoto taken in 2009


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3 Request For Proposal Terminology Throughout this Request For Proposal, terminology is used as follows: a) “Contract” or “Agreement” means the written agreement resulting from this

Request for Proposal executed by the Regional District and the Consultant. b) “Contractor” or “Consultant” means the successful Proponent to this Request

for Proposal who enters into a written Contract with the Regional District; c) “Proponent” means an individual or a company that submits, or intends to

submit, a Proposal in response to this RFP. d) “Proposal” means the Proponent’s response to this RFP e) “Regional District” means the Regional District of Central Okanagan; f) “RFP” means this Request for Proposal

4 Proposal Submission 4.1 Proposals to Include:

Proposals shall include the following as a minimum:

• Completed Appendix B – Certification Document (attached hereto) • Completed Appendix C – Remuneration (attached hereto) • Proposed Project Team: names, details and qualifications of sub-

consultants and individuals to be assigned to the project. • Proposed methodology and schedule. • Past experience: examples of experience in completion of similar

projects.

4.2 Proposals to Address:

Proposals should address the following points under each section:

4.2.1 Proposed Project Team a) Team Details: names, details and resume of individuals, including

any sub-consultants assigned to the project.


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b) Corporate experience • The type, length and quality of relevant experience that

each consulting firm on the team has, with emphasis on the lead firm.

• The number, scope and magnitude of similar projects completed by the team members.

• The availability of sufficient resources to complete the assignment and the availability of local resources.

c) Experience of key personnel • The type, length and quality of relevant experience that

each person named in the proposal has working in a marine environment, with emphasis on the project manager, lead designer and the site inspector.

4.2.2 Proposed Methodology and Schedule

a) Method and work plan • Proponent’s understanding and assessment of the

assignment. • Proponent’s approach to addressing all the requirements of

the assignment. • Coordination of the various phases and tasks of the

assignment. • Approach to dealing with the Regional District and other

agencies. • Ability to meet the project schedule realistically.

4.2.3 Past Experience:

a) Details of projects completed in the last 5 years of a similar size and nature, specifically working in a marine environment.

b) Provide reference contact details for the past projects completed.

4.3 Date and Time for Receipt of Proposals

Sealed Proposals, clearly marked on the outside of the envelope with the words “Okanagan Centre Harbour North Breakwater Assessment & Design” File R13-075” will be received at Reception, Regional District of Central Okanagan, 1450 KLO Road, Kelowna, BC, V1W 3Z4 up until 3:00PM, Local Time April 30, 2013. Proposals will not be opened publicly.


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Proposals must not be submitted electronically by facsimile or email. Proposals and their envelopes should be clearly marked with the name and address of the Proponent, the Request for Proposal number, and the project or program title. Late Proposals will not be accepted and will be returned to the Proponent.

5 Proposal Evaluation

5.1 Evaluation Criteria:

The following criteria, shown in order of importance, form the basis upon which evaluation of Proposals will be made. 5.1.1 Mandatory Criteria:

The following are mandatory requirements. Proposals not clearly demonstrating that they meet all mandatory criteria will receive no further consideration during the evaluation process. Mandatory Criteria a) Completed Certification Document (Appendix B)

5.1.2 Scored Evaluation Criteria: Proposals meeting all the mandatory requirements will be further assessed against the following criteria. The relative weighting for each criterion is also given.

Criteria Weight Past Experience 20% Project Team 20% Methodology and Schedule 30% Response to Appendix C - Remuneration 30%

On an “all things being equal” basis, where two or more proposals are substantially the same so that it is difficult to determine a winner, awards shall be made first to a firm based in the Regional District of Central Okanagan.


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By responding to this RFP, Proponents will be deemed to have agreed that the decision of the Evaluation Team will be final and binding.

6 General Terms & Conditions:

6.1 The Regional District reserves the right to:

a) to reject any or all proposals, or any part thereof; b) to waive any informality in the proposal; c) to accept the proposal that is in the best interest of the Regional

District; d) To request clarification of any proposal prior to award; and e) To choose not to proceed with any award.

6.2 Proposals shall be valid and irrevocable for thirty (30) days.

6.3 No Obligation To Proceed:

Though the Regional District fully intends at this time to proceed through the RFP in order to have the Project completed, the Regional District is under no obligation to proceed. The receipt by the Regional District 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 Regional District. There is no guarantee by the Regional District, its officers, employees or agents, 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 Regional District for the development of the Project.

6.4 Form of Contract

Appendix A of this RFP contains the Form of Contract the Regional District proposes to enter into with the successful Proponent. By submitting a Proposal, the Proponent agrees to all terms and conditions in Appendix A: Form of Contract. If a Proponent requires amendment to any terms in Appendix A: Form of Contract, it must clearly state such proposed amendments in its Proposal. Significant amendments may adversely impact the Proponent’s evaluation score. The Regional District is not bound to accept any Form of Contract amendments proposed.


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6.5 Confidentiality All Proponents and any other person who through this RFP process gains access to confidential financial information of the Regional District’s are required to keep strictly confidential all information which in any way reveals confidential business, financial or investment details, programs, strategies or plans, learned through this RFP process. This requirement will continue with respect to such information learned by the successful proponent, if any, over the course of any contract for service which arises out of this RFP process.

6.6 Freedom of Information & Protection of Privacy Act

The Regional District is subject to the British Columbia Freedom of Information and Protection of Privacy Act. Subject to Sections 12 through 22 inclusive of the Act, any reports and or documents produced on behalf of the Regional District are subject to public review under the Act.

6.7 Contractor’s Employees:

The Contractor's Representatives shall be under the exclusive supervision of the Contractor. All responsibility and authority for hiring, training, supervision, direction, compensation, discipline, termination, and administration of the Contractor's Representatives, and any and all costs or expenses related thereto, rest exclusively with the Contractor.

6.8 Proponent’s Expenses:

Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the Regional District, if any. If the Regional District elects to reject all Proposals, the Regional District will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever.

6.9 Proponents Meeting:

A Proponents meeting will be held for Proponents at the time, date and location stated on the front cover of this Request for Proposal. The Proponents meeting will provide a brief overview of the Okanagan Centre Harbour site and provide an opportunity for Proponents to ask questions.


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APPENDIX A: FORM OF CONTRACT - CONSULTING SERVICES AGREEMENT


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File: R13-075

REGIONAL DISTRICT OF CENTRAL OKANAGAN

CONSULTING SERVICES AGREEMENT

This Agreement made in duplicate and entered into effective as of the ___ day of , in the year 2013. By and Between:

REGIONAL DISTRICT OF CENTRAL OKANAGAN 1450 K.L.O Road Kelowna, B.C. V1W 3Z4

(hereinafter referred to as the "Regional District") And: Consultant Name Consultant Address (hereinafter referred to as the "Consultant") Witnesses: That the Regional District and the Consultant in consideration of their mutual rights and obligations to one another as hereinafter set forth, DO AGREE AS FOLLOWS:

1.0 SERVICES TO BE PERFORMED

Under this Consulting Services Agreement, the Consultant shall supply all professional expertise necessary for the proper performance of the Service, and do and fulfil everything required by this Agreement for the following project:

R13-075 - Okanagan Centre Harbour North Breakwater Assessment and Design

(hereinafter referred to as the "Project"). The work shall be performed in accordance with the Consultant's Proposal; Attachment B dated, ________, 201_ and the Regional District Terms of Reference; Attachment C –dated _________, 201_ both of which constitute a part of this Agreement. The work shall be performed in accordance with this Agreement and the fee schedule included as part of Attachment B, all of which constitute a part of this Agreement.


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(the “ Fee Schedule”)

The term of this Agreement shall be from _______, 201_ to _________, 201_

(the “Term”)

2.0 SCHEDULE

2.1 The Consultant shall use its best efforts to perform the Services in accordance with the Project timeline schedule in Attachment B.

2.2 The Regional District may reasonably adjust any schedule or specified timing

during the course of the project after consulting with and obtaining the approval of the Consultant.

3.0 CONSULTANTS DUTIES

3.1 In performing the Services identified under this Agreement, the Consultant shall, at all times, act in the best interests of the Regional District and exercise that degree of professional care, skill and diligence required according to generally accepted professional consulting standards

3.2 The Regional District will provide upon request from the Consultant, any

information or data that is pertinent to and identified in, the Terms of Reference which are attached to this Agreement and made a part hereof.

3.3 The Consultant shall be responsible for determining the accuracy and completeness of all information and data furnishes by or through the Regional District.

3.4 The Consultant is responsible for the complete co-ordination of all professional services rendered to the Regional District by the Consultant or by the Consultant’s Sub-consultants on the Project.

4.0 PAYMENT

4.1 Subject to 4.2, the Project Fixed Fees shall be paid as identified in the Regional District Terms of Reference, and as supplied with the Consultant's proposal, as each of the files are completed. The Regional District shall have no obligation to pay any fees or costs to the Consultant for services or materials/equipment beyond the Project Fixed Fee for any reason whatsoever, other than as may be agreed in writing by the Regional District and the Consultant.


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4.2 The Consultant shall make application to the Regional District for payment, together with supporting documents, when required by this Agreement, on or before the last day of each month for approval and due processing. Payment shall be for that proportion of the various parts of the Services completed against the files and any identified reimbursable disbursements incurred during the preceding month. The sum shall become due and payable thirty (30) days after the date the invoice is received by the Regional District. Should the Regional District be unable to verify any invoice within the said period, payment by the Regional District may either be withheld or may be made and treated as an advance pending verification of the invoice. Where required by the Regional District, the Consultant shall provide substantiation to the Regional District in order to verify any invoice. Where only a part of an invoice can be verified by the Regional District, the Regional District may, at its discretion, choose to pay that part only, pending proper verification of the remainder of the invoice by the Consultant.

4.3 Account adjustments which have not been made prior to payment of an invoice,

may be made by the Regional District at the time of a later payment. Where it has been established that the Regional District has overpaid against an invoice, the Consultant will deduct the amount from the next invoice, or the Consultant shall pay the amount to the Regional District within five (5) working days of the amount being identified, as required by the Regional District.

4.4 The Regional District may request the Consultant to submit with the final invoice,

a Statutory Declaration or other proof, that there are no outstanding costs, assessments, liens or claims against the Consultant or against the Regional District’s property arising out of or in connection with the Consultant’s Services rendered on the Project.

5.0 TERMINATION AND SUSPENSION

BY THE REGIONAL DISTRICT:

5.1 Should the Consultant neglect to complete the Services properly or fail to

perform any provisions of this Agreement, the Regional District may notify the Consultant in writing that it is in default of its contractual obligations and instruct it to correct the default or take steps to correct the default, within seven (7) working days of receiving the notice. Failure to comply with the default request extends to the Regional District the option, without limiting any other right or remedy the Regional District may have, of immediately terminating this Agreement. Subject to a right of set-off the Regional District shall have for damages incurred due to such neglect or failure by the Consultant, the Regional District shall pay the Consultant for all Services performed and all disbursements incurred pursuant to this Agreement and remaining unpaid as of the effective date of such termination.


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5.2 Other than for reasons set forth in 5.1, the Regional District may terminate this

Agreement for any reason by giving thirty (30) days prior written notice to the Consultant. Upon receipt of such written notice, the Consultant shall perform no further Services other than those reasonably necessary to close out the Project. In such event, the Consultant will be paid by the Regional District pursuant to this Agreement, for the completed tasks according to the Schedule of Tasks referred to in 4.1 remain unpaid as of the effective date of such termination.

BY THE CONSULTANT:

5.3 Should the Regional District fail to perform any provisions of this Agreement, the Consultant may notify the Regional District in writing that it is in default of its contractual obligations and instruct it to correct the default within seven (7) working days of receiving the notice. Failure to comply with the default request extends to the Consultant the option, without limiting any other right or remedy the Consultant may have, of immediately terminating this Agreement and requesting settlement for all Services performed and all disbursements incurred pursuant to this Agreement and remaining unpaid as of the effective date of such termination.

5.4 Should the Consultant's Services be suspended by the Regional District at any

time for more than thirty (30) calendar days in any calendar year through no fault of the Consultant, then the Consultant shall have the right until such suspension is lifted by the Regional District, to terminate this Agreement upon giving three (3) working days written notice thereof to the Regional District. In such event, the Consultant will be paid by the Regional District pursuant to this Agreement, for the completed tasks as per the Schedule of Tasks referred to in 4.1 that remain unpaid as of the effective date of such termination.

6.0 SUCCESSORS AND ASSIGNS

6.1 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, successors and permitted assigns.

6.2 Neither party shall assign this Agreement or any portion thereof without the prior

written consent of the other, which consent shall not be unreasonably withheld.

7.0 CHANGES IN THE WORK

7.1 The Regional District and the Consultant may, by agreement in writing, without invalidating this Agreement, make changes by altering, adding to or deducting from the Services. In such event, the Consultant’s Fixed Fee and Project


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timeline schedule shall be adjusted accordingly. Any Services rendered by the Consultant to the Regional District beyond those Services set out in the Consultant’s Proposal and the Regional District Terms of Reference shall be considered to be Additional Services, with the Consultant to be compensated therefore on an hourly or per diem basis to be agreed upon by the Regional District and the Consultant in writing prior to the Consultant rendering any such Additional Services to the Regional District.

8.0 APPLICABLE LAWS

8.1 The Consultant shall observe and abide by all applicable laws, regulations, ordinances and other rules of the Regional District, the Federal Government and the Province of British Columbia. Without restricting the generality of the foregoing, the Consultant shall abide by all provisions of the Workers Compensation Act of British Columbia, and upon request of the Regional District, shall supply proof that all assessments thereunder have been paid.

8.2 This Agreement and any rights and remedies arising out of this Agreement, shall

be construed in accordance with the laws of British Columbia.

9.0 PERMITS AND LICENSES

9.1 The Contractor(s), their employees, agents and vehicles shall have and maintain valid permits and licenses as required by law for the execution of services related to this agreement.

9.2 The Contractor will be required to conform to all Federal, Provincial, and

Regional District Acts and Regulations that may apply to the operation of this contract. The Contractor is required to obtain and pay for all necessary permits, licenses, and inspection fees.

9.3 Certified copies of required permits/licenses will be available upon request. 9.4 The proponent must comply with all conditions and safety regulations of

WorkSafe BC act of British Columbia and must be in good standing and must maintain this standing throughout the term of the contract.


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10.0 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 not exceeding $500,000 in value $ 500,000.00 Consulting Services for projects between $500,000 and $1 Million in value $ 1,000,000.00 Consulting Services for projects exceeding $1 Million in value $2,000,000.00 The Maximum deductible in all categories shall be $50,000.00

The Consultant shall provide proof to the Regional District, and shall, upon request, provide the current policy certificate of insurance for inspection by the Regional District.

The Consultant accepts responsibility for the acts and omissions of all sub-

consultants it may engage in rendering the Service on the Project. 10.2 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 Regional District of Kelowna with prior notice of changes and cancellations:

"The Insurer and the Insured Consultant shall provide written notice to be

delivered by hand, or sent by registered mail to the Regional District at least thirty (30) days in advance of the activation date of any proposed cancellation, change or amendment restricting coverage under this policy".

10.1 The Consultant shall, without limiting its obligations or liabilities under this Contract, procure and maintain, at its own expense and cost, the insurance policies listed in Attachment A and A1, attached hereto and made a part of this Contract. The insurance policies shall be maintained continuously from the date of commencement of the Work or Services provided under this Contract until the date that the Regional District certifies in writing completion of the Work or Services or such further period as may be specified in Attachment A.


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11.0 WORKSAFE BC

11.1 If the Consultant or any approved sub-Contractors will be physically present on Regional District of Central Okanagan property or will be attending a worksite on behalf of the Regional District of Central Okanagan, they must be registered with WorkSafe BC (formerly WCB), in which case coverage must be maintained for the duration of the Agreement. Prior to receiving any payment, the Contractor may be required to submit a WCB Clearance Letter indicating that all WorkSafe BC assessments have been paid.

12.0 WAIVER

12.1 The waiver by the Regional District of the breach of any condition, covenant or obligation under this Agreement required to be kept, observed and performed by the Consultant, will not operate to waive or deemed to waive any subsequent breach of the same condition, covenant or obligation.

13.0 CONFIDENTIALITY, OWNERSHIP AND USE OF DOCUMENTS AND MATERIALS

13.1 The Regional District is subject to the British Columbia Freedom of Information and Protection of Privacy Act. Subject to Sections 12 through 22 inclusive of the Act, any reports and or documents produced by or on behalf of the Regional District are subject to public review under the Act.

13.2 The Consultant shall keep confidential for an unlimited period of time all

communications, plans, specifications, reports or other information used in connection with the Project except:

13.2.1 those requiring disclosure by operation of law; or

13.2.2 any disclosure authorized in writing by the Regional District or 13.2.3 those in the possession of or that come into the possession of the

Consultant and not obtained directly or indirectly from the Regional District; or

13.2.4 those in the public domain through no act or omission of the

Consultant. The Consultant shall, by employing written agreements, bind all employees, sub-

consultants and agents to the obligations required by this Article.


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13.3 All concepts, plans, drawings, specifications, designs, models, reports, photographs, computer software, surveys, calculations, construction and other data, documents, and processes produced by the Consultant in connection with the Services (the Instruments of Service), including all copyright and other intellectual property therein, are and shall at all times remain the property of the Regional District.

13.0 CONFLICT OF INTEREST

14.1 During the Term, the Consultant must not engage in or provide, to any other person or company or entity, any service or thing which would be reasonably perceived to be in conflict with the interest of the Regional District in respect of the Services. Should any real or potential conflict of interest arise during the Term, the Consultant shall declare it immediately to the Regional District and upon receipt of notice of a conflict, the Regional District may, at its option and despite section 5.0, immediately terminate this Contract.

15.0 SUBCONSULTANTS

15.1 The Consultant agrees to employ those sub-consultants and to supply the Services identified in its Proposal at the time of signing of this Agreement. The Consultant agrees that it has the responsibility for the complete coordination of all professional Services rendered to the Regional District by the Consultant or by its sub-consultants on the Project.

15.2 Any sub-consultants used by the Consultant must be identified in the Consultants Proposal and approved in advance by the Regional District.

15.3 All costs associated with any sub-consultants required to supply the services identified in the Scope of Work are included in the Fixed Fee Schedule.

16.0 ARBITRATION

16.1 All matters in dispute under this Agreement which cannot be settled by the Regional District and the Consultant may, with the concurrence of both the Regional District and the Consultant, be submitted to final and binding arbitration to a single arbitrator appointed jointly by them.

16.2 No person shall be nominated to act as arbitrator who is in any way financially

interested in the Project or in the affairs of either the Regional District or the Consultant.


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16.3 In the event that the Regional District and the Consultant cannot agree to an arbitrator, such arbitrator shall be chosen by reference to a Judge of the Supreme Court of British Columbia.

17.0 RECORDS AND AUDIT

17.1 The Consultant shall keep reasonable and proper records, accounts, statements and other relevant documents for a period of not less than six (6) years after completion of the Project or for such extended period as may be required by law or as the Regional District may request in writing.

17.2 The Consultant shall permit the Regional District to inspect, audit and copy all

records, accounts, statements and other relevant documents of the Consultant relating to the Project at all reasonable business hours in the offices of the Consultant.

18.0 INDEMNIFICATION

18.1 The Consultant shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the Regional District, its elected officials, officers, employees and agents (the Indemnities) 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 negligent performance or non-performance of this Contract, except only where such loss, costs, damages and expenses are as a result of the acts of the Indemnities, and in such event only to the extent such claim, demand, action, proceeding or liability is attributable to decisions or acts of the Indemnities, as are actionable and sustainable against the Indemnities pursuant to British Columbia law.

The 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 negligent performance or non-performance of this contract, except where such claim, demand, action, proceeding or liability arise out of the, acts of the Indemnities, and in such event only to the extent such claim, demand, action, proceeding or liability are attributable to decisions or acts of the Indemnities, as are actionable and sustainable as against the Indemnities pursuant to British Columbia law.

This section shall survive termination of this Agreement.

19.0 TIME

Time is of the essence of this Contract.


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20.0 ENTIRE AGREEMENT

20.1 This Agreement constitutes the sole and entire agreement between the Regional District and the Consultant relating to the Project and completely supersedes and abrogates any prior Agreements existing between the Regional District and the Consultant whether written or oral.

21.0 RECEIPT OF AND ADDRESSES FOR NOTICE

21.1 Communications in writing between the parties shall be considered to have been received by the addressee on the date of delivery if delivered by facsimile by hand to the individual or to a member of the company for whom they are intended, or if sent by post, telegram, facsimile or telex within five (5) working days of the date of mailing, when addressed as follows:

the Regional District at Regional District of Central Okanagan, 1450 KLO Road, Kelowna, B.C. V1W 3Z4 Purchasing Manager the Consultant at Consultant Name Consultant Address

_________________________________________________________________


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IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first above written by their officers or persons duly authorized to execute on their behalf. Signatures for the REGIONAL DISTRICT OF CENTRAL OKANAGAN were hereto affixed: ) ) Project Manager ) ) ) Title ) ) Witness ) Title _________________________________________________) Date Signatures for the CONSULTANT were hereto affixed: ) ) Authorized Signatory ) ) ) Title ) ) ) Authorized Signatory ) ) ) Title ) ) Witness ) Title _____________________________________________) Date


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ATTACHMENT A-1 – INSURANCE REQUIREMENTS

1. Consultant To Provide

The Consultant shall procure and maintain, at its own expense and cost, the insurance policies listed in section 2, with limits no less than those shown in the respective items, unless in connection with the performance of some particular part of the Work or Services, the Regional District advises in writing that it has determined that the exposure to liability justifies less limits. The insurance policy or policies shall be maintained continuously from commencement of the Work or Services until total completion of the Work or Services or such longer period as may be specified by the Regional District.

2. Insurance

As a minimum, the Consultant shall, without limiting its obligations or liabilities under any other contract with the Regional District, procure and maintain, at its own expense and cost, the following insurance policies: 2.1 WorkSafe BC insurance covering all employees of Consultant engaged in

the Work or Services in accordance with the statutory requirements of the province or territory having jurisdiction over such employees.

2.2 Comprehensive General Liability Insurance

(i) providing for an inclusive limit of not less than $2,000,000 for each occurrence or accident;

(ii) providing for all sums which the Consultant shall become legally obligated to pay for damages because of bodily injury (including death at any time resulting there from) sustained by any person or persons or because of damage to or destruction of property caused by an occurrence or accident arising out of or related to the Work or Services or any operations carried on in connection with this Contract;

(iii) including coverage for Products/Completed Operations, Blanket Contractual, Contractor’s Protective, Personal Injury, Contingent Employer’s Liability, Broad Form Property Damage, and Non-Owned Automobile Liability.

(iv) including a Cross Liability clause providing that the inclusion of more than one Insured shall not in any way affect the rights of any other Insured hereunder, in respect to any claim, demand, suit or judgment made against any other Insured.

2.3 Automobile Liability Insurance covering all motor vehicles, owned,

operated and used or to be used by the Consultant directly or indirectly in the performance of the Work or Services. The Limit of Liability shall not


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be less than $2,000,000 inclusive, for loss or damage including personal injuries and death resulting from any one accident or occurrence.

2.4 Watercraft Liability Insurance: Protection and Indemnity coverage for Owned watercraft, or Non-owned Watercraft Liability for any watercraft used directly or indirectly in the performance of the Work, subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof.

3. The Regional District Named As Additional Insured

The policies required by sections 2.2, 2.3 and 2.4 above shall provide that the Regional District is named as an Additional Insured thereunder and that said policies are primary without any right of contribution from any insurance otherwise maintained by the Regional District.

4. Consultant’s Sub-Consultants

The Consultant shall require each of its sub-Consultants to provide comparable insurance to that set forth under section 2.

5. Certificates of Insurance

The Consultant agrees to submit Certificates of Insurance, in the form of Attachment A-1, attached hereto and made a part hereof, for itself and for all of its sub-consultants to Regional District prior to commencing the Work or providing the Services. Such Certificates shall provide that 30 days’ written notice shall be given to the Regional District, prior to any material changes or cancellations of any such policy or policies.

6. Other Insurance

Not applicable

7. Additional Insurance The Consultant may take out such additional insurance, as it may consider necessary and desirable. All such additional insurance shall be at no expense to the Regional District. The Consultant shall ensure that all of its sub-Consultants are informed of and comply with the Regional District’s requirements set out in this Attachment A.

8. Insurance Companies

All insurance, which the Consultant is required to obtain with respect to this contract, shall be with insurance companies registered in and licensed to underwrite such insurance in the province of British Columbia.

9. Failure to Provide

If the Consultant fails to do all or anything which is required of it with regard to insurance, the Regional District may do all that is necessary to effect and


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maintain such insurance, and any monies expended by the Regional District shall be repayable by and recovered from the Consultant. The Consultant expressly authorizes the Regional District to deduct from any monies owing the Consultant, any monies owing by the Consultant to the Regional District.

10. Nonpayment of Losses

The failure or refusal to pay losses by any insurance company providing insurance on behalf of the Consultant or any sub-Consultant shall not be held to waive or release the Consultant or sub-Consultant from any of the provisions of the Insurance Requirements or this Contract, with respect to the liability of the Consultant otherwise. Any insurance deductible maintained by the Consultant or any sub-Consultant under any of the insurance policies is solely for their account and any such amount incurred by the Regional District will be recovered from the Consultant as stated in section.

End of Attachment A


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ATTACHMENT A-1 CERTIFICATE OF INSURANCE

This Certificate is issued to: The Regional District of Central Okanagan 1450 KLO Road Kelowna, BC V1W 3Z4

Insured Name:

Address:

Broker Name:

Address:

Location and nature of operation or contract to which this Certificate applies: R13-075 Okanagan Centre Harbour North Breakwater Assessment & Design

Policy Dates

Type of Insurance Company & Policy

Number Effective Expiry Limits of Liability/Amounts Section 1 Comprehensive General Liability including: • Products/Completed

Operations; • Blanket Contractual; • Contractor’s Protective; • Personal Injury; • Contingent Employer’s

Liability; • Broad Form Property

Damage; • Non-Owned Automobile; • Cross Liability Clause.

Bodily Injury and Property Damage $ 2,000,000 Inclusive $ __________ Aggregate $ __________ Deductible

Section 2 Automobile Liability

Bodily Injury and Property Damage $ 2,000,000 Inclusive

Section 3 Watercraft Liability Insurance

Bodily Injury and Property Damage $ 2,000,000 Inclusive

Section 4 Professional Errors & Omissions Projects less than $500,000

$500,000

It is understood and agreed that the policy/policies noted above shall contain amendments to reflect the following: 1. Any Deductible or Reimbursement Clause contained in the policy shall not apply to the Regional

District of Central Okanagan and shall be the sole responsibility of the Insured named above. 2. The Regional District of Central Okanagan is named as an Additional Insured. (Except Section 4) 3. 30 days prior written notice of material change and/or cancellation will be given to the Regional

District of Central Okanagan. ________________________ __________________ _________________________ Print Name Title Company (Insurer or Broker) ___________________________ ___________________________ Signature of Authorized Signatory Date


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APPENDIX B: CERTIFICATION DOCUMENT

Okanagan Centre Harbour North Breakwater Assessment & Design R13-075

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 Regional District of Central Okanagan. 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 – Regional District of Central Okanagan, prior to the Closing Date and Time for Receipt of Proposals. We agree that the RFP response attached hereto shall be irrevocable by us for a period of sixty (60) days after the Closing Date and Time for Receipt of Proposals. 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: _________________________________________________________ Acknowledgement of Addenda We acknowledge receipt of the following addenda which become part of this RFP: ADDENDUM # _____________ ADDENDUM # _____________ ADDENDUM # _____________

Signed this _______ day of __________________, 20___.


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APPENDIX C - REMUNERATION

All Proponents shall complete and return this Appendix, including the tables below, labelled as “Appendix C – Remuneration”.

C1 General

a) Pricing should be submitted as in the table below. b) Prices quoted shall be in Canadian funds and include and cover Canadian

Customs Duties, Royalties, Handling, Transportation, Overhead, Profit and all other charges.

c) HST is to be stated separately. d) Invoices shall have terms of Inv Net 30 days.

C2. Fixed Lump Sum Prices

# Scope of Work Item Lump Sum Price

A Start-up, as per 2.1 a) in the Terms of Reference $

B North Breakwater Inspection, as per 2.1 b) in the Terms of Reference

$

C Approach Inspection, as per 2.1 c) in the Terms of Reference

$

D Report & Plan, as per 2.1 d) in the Terms of Reference $

E Detailed Design & Drawings, as per 2.1 e) in the Terms of Reference

$

F Interim Meeting, as per 2.1 f) in the Terms of Reference

$

G Final Report Package, as per 2.1 g) in the Terms of Reference

$

H Other costs (please specify):

$

I TOTAL LUMP SUM PRICE (EXCL. TAXES) $

J TAXES $

K TOTAL LUMP SUM PRICE (INCL. TAXES) $


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C2. Lump Sum Prices – Extra Work

The following Lump Sum Prices shall be charged for work, if the extra work is requirement by the Regional District:

# Scope of Work Item Lump Sum Price

L Design & Construction Drawings for a small floating dock, as described in 2.2 a) of the Terms of Reference

$

C3 Reimbursable Rates – Inspection Services The following Rates shall be used if Inspection services are requested by the

Regional District, and shall be inclusive of all equipment, materials, labour, permits, fees, licenses, disbursements, travel and all other related costs necessary to complete the work successfully, as stated within the Terms of Reference.

# Inspection Rates Rate (excl. taxes)

M Please specify: $__________ per ________

N Please specify: $__________ per ________

O Please specify: $__________ per ________