THE CORPORATION OF THE TOWN OF LINCOLN
PLANNING AND DEVELOPMENT DEPARTMENT
REQUEST FOR PROPOSAL
The Town of Lincoln is inviting proposals from qualified, professional consulting firms to
provide the services necessary to complete the following project:
PRUDHOMMES SECONDARY PLAN UPDATE
The successful consulting firm will be registered to practice in the Province of Ontario
and shall possess significant experience in the preparation of Secondary Plans and the
review of municipal infrastructure. The successful consulting firm shall also possess
significant experience in community engagement, public presentations and workshop
facilitation.
Those Consulting Firms interested in submitting a proposal can view the Request for
Proposal (RFP) document which is attached to this notice or they can obtain a copy of
the RFP document at Town of Lincoln Municipal Offices beginning April 8, 2016 at 9:00
a.m.
SEALED PROPOSALS, properly marked as to contents will be received by the Town
Clerk at the Town of Lincoln Municipal Offices, 4800 South Service Road, Beamsville,
ON, L0R 1B1, until 2:00 p.m. Local Time on May 5, 2016.
REQUEST FOR PROPOSAL
FOR
PRUDHOMMES SECONDARY PLAN UPDATE
PROPOSAL NUMBER: PL 2016-02
ISSUE DATE: THURSDAY APRIL 7, 2016
CLOSING LOCATION
TOWN OF LINCOLN
4800 SOUTH SERVICE ROAD
BEAMSVILLE ON L0R 1B1
CLOSING DATE AND TIME
THURSDAY, MAY 5, 2016
2:00 P.M. LOCAL TIME
Project Leads:
Kathleen Dale, MCIP, RPP
Director, Planning & Development
Town of Lincoln
905-563-8205
[email protected]
Prudhommes Secondary Plan Update
Rino Mostacci, MCIP, RPP
Commissioner, Planning & Development
Regional Municipality of Niagara
905-980-6000 ext. 3276
[email protected]
Page 1 of 24
Table of Contents
1.
INTRODUCTION .............................................................................................................................. 4
2.
PROJECT OVERVIEW ....................................................................................................................... 4
2.1.
BACKGROUND INFORMATION ...........................................................................................................4
2.2.
STUDY AREA .....................................................................................................................................5
2.3.
PROJECT CONTEXT & RATIONALE ..................................................................................................6
3.
SPECIFICATIONS AND SCOPE OF WORK ........................................................................................... 6
3.1.
OBJECTIVES ......................................................................................................................................6
3.2.
PROJECT TASKS ...............................................................................................................................7
PART A .....................................................................................................................................................8
1. Background Research and Analysis ...........................................................................................8
2. Setting the Urban Vision ................................................................................................................8
3. Technical Review and Site Design ..............................................................................................8
4. Preferred Plan Development ........................................................................................................9
PART B .....................................................................................................................................................9
5. Implementation Strategy ...............................................................................................................9
6. Secondary Plan and Policies ........................................................................................................9
3.3.
PROJECT DELIVERABLES .................................................................................................................9
3.4.
PROJECT TIMELINE.........................................................................................................................10
3.5.
PROPONENT QUALIFICATIONS .......................................................................................................10
4.
PROPOSAL REQUIREMENTS .......................................................................................................... 10
4.1.
DATE AND PLACE FOR RECEIVING SUBMISSIONS ........................................................................10
4.2.
DOCUMENTATION ...........................................................................................................................11
4.3.
PROPOSAL FORMAT .......................................................................................................................11
4.4.
PROPOSAL PRESENTATION AND PROPONENT INTERVIEW ..........................................................12
4.5.
PROPOSAL EVALUATION AND SELECTION.....................................................................................12
4.6.
UPSET LIMIT....................................................................................................................................13
5.
GENERAL TERMS AND CONDITIONS .............................................................................................. 13
5.1.
WITHDRAWAL OF PROPOSALS .......................................................................................................13
5.2.
CLARIFICATION ...............................................................................................................................13
5.3.
ACCEPTANCE OR REJECTION OF PROPOSALS .............................................................................13
5.4.
PAYMENT ........................................................................................................................................14
5.5.
BILLING ............................................................................................................................................14
5.6.
INTENT OF SCOPE OF W ORK .........................................................................................................14
5.7.
INCURRED COSTS...........................................................................................................................14
5.8.
PROPOSAL EXPIRY DATE ...............................................................................................................14
5.9.
HARMONIZED SALES TAXES (HST) ...............................................................................................14
5.10. INSURANCE .....................................................................................................................................14
1. Comprehensive General Liability Insurance ............................................................................14
2. Errors and Omissions ..................................................................................................................15
3. Automobile Insurance ..................................................................................................................15
4. Other Insurance ............................................................................................................................15
5.11. WORKPLACE SAFETY AND INSURANCE BOARD CLEARANCE.......................................................15
5.12. FAILURE TO PERFORM ...................................................................................................................16
5.13. COLLUSION .....................................................................................................................................16
5.14. ERROR AND CORRECTION .............................................................................................................16
Prudhommes Secondary Plan Update
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5.15.
5.16.
5.17.
5.18.
5.19.
5.20.
5.21.
5.22.
5.23.
5.24.
5.25.
5.26.
5.27.
5.28.
5.29.
5.30.
5.31.
5.32.
5.33.
5.34.
5.35.
5.36.
5.37.
5.38.
5.39.
FIRM PRICES ...................................................................................................................................16
ABILITY AND EXPERIENCE OF PROPONENTS SUBMITTING PROPOSALS .....................................16
INCURRED COSTS...........................................................................................................................16
ACCESS TO INFORMATION/CONFIDENTIALITY OF INFORMATION .................................................16
AGREEMENTS ON INTERNAL TRADE ..............................................................................................17
VENDOR PERFORMANCE ...............................................................................................................17
ASSIGNMENT OF CONTRACT..........................................................................................................17
INDEMNIFICATION ...........................................................................................................................18
CLARIFICATION OF SUBMISSION ....................................................................................................18
CONFLICT OF INTEREST .................................................................................................................18
AWARD AND ANNOUNCEMENT .......................................................................................................18
CONTRACT AWARD DOCUMENT ....................................................................................................19
NEGOTIATIONS ...............................................................................................................................19
PERFORMANCE UNSATISFACTORY ................................................................................................19
FORCE MAJEURE ............................................................................................................................19
EXCLUSION .....................................................................................................................................19
MINOR NON-COMPLIANCE .............................................................................................................19
UNBALANCE OR UNREASONABLE COST ESTIMATES ....................................................................19
INTELLECTUAL PROPERTY .............................................................................................................20
LIMITATION OF DAMAGES ...............................................................................................................20
TERMINATION ..................................................................................................................................20
RIGHT TO AUDIT .............................................................................................................................20
LIABILITY FOR ERRORS ..................................................................................................................21
MEETINGS .......................................................................................................................................21
COMPLIANCE WITH LAWS, NOTICES, PERMITS AND FEES ...........................................................21
ATTACHMENT A: SELECTION CRITERIA .................................................................................................. 22
ATTACHMENT B: PROPOSED STUDY AREA ............................................................................................. 24
Prudhommes Secondary Plan Update
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1.
INTRODUCTION
The Corporation of the Town of Lincoln and the Regional Municipality of Niagara are inviting
Proposals for a comprehensive update to the Prudhommes Secondary Plan. This project will set
out a new urban vision and will include updates to the land use designations, water and
wastewater servicing strategies, transportation requirements, urban design and public realm
guidelines, and implementation policies for the Prudhommes Secondary Plan Area, and will
expand upon the existing land base of the previous study area through the inclusion of lands to the
east of Jordan Harbour. The successful Proponent will be asked to facilitate a variety of
engagement processes and produce an overall update to the Prudhommes Secondary Plan.
Sealed Proposals in the prescribed format (see Section 4 “Proposal Requirements”), will be
received by the Office of the Clerk, at the Town of Lincoln, 4800 South Service Road Beamsville,
Ontario L0R 1B1, no later than 2:00 p.m. local time as determined by the clock located in the
location receiving bids on Thursday, May 5, 2016. Proposals received after this time will be
returned unopened.
The Regional Municipality of Niagara will act as a partner to the Town throughout the Prudhommes
Secondary Plan Update study; however, the procurement as directed in this Request for Proposal
shall be directed by the Town.
The Town bears no responsibility for any Proposal(s) which are lost, misplaced or are not
considered as a result of failure to follow the instructions for the exterior of the envelope.
By signing and delivering a Proposal, the Proponent agrees that, if the Proposal is accepted and
any necessary agreement is negotiated, the Proponent will enter into such agreement with the
Town in a form satisfactory to the Town Solicitor, prior to the commencement of the work.
The Proposal shall be prepared and submitted at the sole expense of the Proponent and without
cost to the Town.
All Proposals received by the Office of the Clerk become the property of the Town and as such are
subject to the Municipal Freedom of Information and Protection of Privacy Act.
A Proposal, whether or not it has been accepted, and any rights thereunder, shall not be assigned
by the Proponent without the prior written consent of the Town which shall not under any
circumstances relieve the Proponent of any liabilities and obligations under the Proposal.
2.
PROJECT OVERVIEW
2.1. Background Information
The Town is located in the Niagara Peninsula along the shores of Lake Ontario, with the Niagara
Escarpment running in an east-west direction through the central part of the Town. Lincoln is
situated between Hamilton and Niagara Falls along the Queen Elizabeth Way (QEW) corridor.
Lincoln’s urban communities are largely surrounded by designated the Niagara Peninsula Tender
Fruit and Grape Area, as defined by the Greenbelt Plan, whose unique soil characteristics and
climate are conducive to the production of specialty crops. As a Centre of Excellence for
Agriculture and related activities, Lincoln has experienced growth in new winery development and
other agri-tourism industries, bringing with it an increase in tourism to the area.
Prudhommes Secondary Plan Update
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The approximate 24,000 residents of Lincoln are settled within the urban communities of
Beamsville, Vineland, Jordan, Jordan Station, Prudhommes, Campden and the hamlet of Tintern,
with the majority of growth directed to the three larger urban settlements of Beamsville, Vineland
and Prudhommes. Lincoln has a desire to create complete communities and provide a balance of
residential, commercial and industrial opportunities.
In 2006, a Secondary Plan, including supporting urban design guidelines, was approved for the
Prudhommes Secondary Plan Area and incorporated into the Town’s existing Official Plan. A
detailed review of the existing Secondary Plan policies and land use designations has not been
completed since its initial approval. Both the Town and the Region are interested in redefining the
development potential of the Prudhommes area.
A Draft Plan of Subdivision application and concurrent Official Plan and Zoning By-law Amendment
applications were submitted to the Town in 2014 for the purposes of redeveloping the
Prudhommes Secondary Plan Area. The development Proposal differs substantially from the
original vision for the area in that the proposed development requested a significant reduction to
the designated commercial areas. These applications are currently inactive as both the Town and
the Region have concluded that the development of this area would benefit from a comprehensive
review of the existing Secondary Plan that recognizes contemporary trends and opportunities and
the globally significant waterfront location.
Following each municipal election, Town Council adopts a new Corporate Plan, which sets out
Council’s priorities for its term. One of the strategic directions in the 2014-2018 Corporate Plan is
to implement the planning framework to develop Prudhommes, making it a vibrant part of the
community.
2.2. Study Area
The Prudhommes area is the last remaining significant community development opportunity on the
Lake Ontario waterfront in Niagara. Attachment B depicts the proposed geographical extent of the
Prudhommes Secondary Plan area, which borders:




To the north - Lake Ontario
To the east – Jordan Road
To the south – North Service Road and the Queen Elizabeth Way (QEW)
To the west - Victoria Ave and the Vineland Research and Innovation Centre
At over 50 hectares in size, the Prudhommes Secondary Plan area is also strategically located
along the Wine Route, the Waterfront Trail, and the Niagara Region Bicycling Network. The site
contains several environmental and natural heritage features, including the Lake Ontario shoreline
which is, for the most part, unimproved. It should be noted that the far eastern portion of the
proposed Prudhommes Secondary Plan area is located outside the Urban Area Boundary.
An established low-density residential neighbourhood with approximately 128 units of varying
housing types and sizes (i.e. low-rise detached and townhouses) is located on the western portion
of the Secondary Plan area. A small employment area is located at the northwest corner and the
eastern edge of the site. The remaining lands are generally vacant, having previously been used
for commercial purposes, and the majority of the existing commercial buildings on-site are
unoccupied and derelict, with only a few businesses still in operation, including:
Prudhommes Secondary Plan Update
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




Tim Horton’s
Subway
The Lake House Restaurant
The Antique Market
The Ramada Jordan/Beacon Hotel





Vineland Manufacturing
Moyer Diebel
Avondale
1-800 Got Junk
Stevenson Sprinkler
The focus of the Prudhommes Secondary Plan Update will be on the re-developable portion of the
Prudhommes area.
2.3. Project Context & Rationale
The Prudhommes Secondary Plan update is an exciting and strategic opportunity to plan for
waterfront development that is characterized by its adjacency to the QEW and stretch of
undeveloped frontage and proximity to planned high order transit networks. These features make
the site a high-profile and highly visible location for a mixed use complete community, especially
given the limited opportunities in the Greater Toronto-Hamilton Area (GTHA) for waterfront
development along the Lake Ontario shoreline.
The current Prudhommes Secondary Plan was developed and approved approximately ten years
ago, prior to the implementation of a number of important planning documents and initiatives (e.g.
Provincial Growth Plan for the Greater Golden Horseshoe (Places to Grow), Regional Official Plan
conformity, etc.) whose policies speak to the formation and design of complete communities and
dynamic urban places. The Prudhommes Secondary Plan had originally envisioned a
concentration of commercial land uses, supported by the development of medium and high density
residential housing. We now envision Prudhommes to contribute to the strong attraction potential
for Niagara.
In the next 25 years, Niagara is expected to grow at a faster pace, bringing a possible 168,000 new
residents and 64,000 new jobs to the region. In order to properly plan where and how this growth
will occur, and how it will be accommodated, the Region of Niagara is currently in the process of an
overarching review of the Region’s infrastructure and land distribution, including the preparation of
a Transportation Master Plan, a Water and Wastewater Master Plan, and a Municipal
Comprehensive Review. The Region is also in the process of actively pursuing the expansion of
GO Transit rail service to key locations in Niagara, including the Town, leading to a greater
connection to the GTHA, and with it, a transformative effect on current and future economic and
community development in the region.
Revisiting the Prudhommes Secondary Plan is an opportunity to review its recommendations in the
context of the current planning policy framework, urban design practices, and market trends, and
provide for a form of development which better accommodates projected population and economic
growth in the Niagara area. Given the scale, location and impact of the Prudhommes Secondary
Plan Area, which extends beyond the immediate area, there is a Regional and local interest in
ensuring that the site remains a potential employment catalyst for Niagara, tied to other
investments in the area, such as the Vineland Research and Innovation Centre.
3.
SPECIFICATIONS AND SCOPE OF WORK
3.1. Objectives
The development of the Prudhommes Secondary Plan Area should encourage and support the
creation of a complete, sustainable community that provides a mix and range of employment,
Prudhommes Secondary Plan Update
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commercial, and residential land uses, local services and community infrastructure, as well as the
design of attractive and accessible public spaces that prioritize the pedestrian experience. The
policies for the updated Prudhommes Secondary Plan should ensure that the area meets the dayto-day needs of residents, integrates existing and new development and accommodates all forms
of transportation.
The Proponent will provide recommendations that are based on current socio-economic trends and
reflect contemporary land-use planning and design policy to provide a more appropriate
development vision for the Prudhommes Secondary Plan area.
The objectives of the Prudhommes Secondary Plan Update are:

Align the policies of the Prudhommes Secondary Plan with Provincial, Regional and
municipal planning policies, goals, and legislation, including growth management updates
from Places to Grow and the Provincial Policy Statement;

Develop an overarching land use vision for the Prudhommes Secondary Plan Area, and
determine the desired development pattern and appropriate balance of commercial,
employment and residential land use designations;

Leverage future “GO” station, tourism and economic potential of the QEW visibility and
proximity, location along Lake Ontario, growth allocation and infrastructure to the fullest
extent possible

Identify existing services and transportation infrastructure available in and around the study
area and upgrades that may be required as a result of changes to the Secondary Plan;

Recommend appropriate design standards and infrastructure needed for the urbanization of
North Service Road and other new streets;

Recommend updates to the existing urban design guidelines for the Prudhommes
Secondary Plan that are reflective of the updated vision for the area and ensure great
community design;

Ensure that significant public views of Lake Ontario are maintained;

Provide guidance for the provision of a high quality and varied public realm system that
prioritizes the pedestrian experience;

Provide public access to and along the Lake Ontario shoreline, while maximizing the public
use of waterfront lands and integrating new development with the parkland system; and

Recommend appropriate implementation policies for development within the Prudhommes
Secondary Plan Area.
3.2. Project Tasks
In order to complete the Prudhommes Secondary Plan Update and each of its objectives, it is
anticipated that the project will include the following six (6) components which are listed as part of
Parts A and B below:
Prudhommes Secondary Plan Update
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PART A
1.
2.
3.
Background Research and Analysis

Gather technical information including site-specific ecological, geographic,
economic, social, and historic research for the Prudhommes Secondary Plan Area.

Perform a market analysis for the Prudhommes Secondary Plan Area within the
context of the Town, the Region of Niagara, and the GTHA.

Review relevant Provincial, Regional and municipal policies, studies and guidelines,
including but not limited to:

Provincial Policy Statement;

Places to Grow;

Regional Official Plan;

Town Official Plans (current and new);

Prudhommes Secondary Plan;

Regional Lakefront Enhancement Strategy;

Reports and materials produced by the Region’s ‘Niagara 2041’ initiative;

Existing servicing, transportation and environmental studies (including the
Region’s existing Master Servicing and Transportation Plans); and

Town Corporate Plan.
Setting the Urban Vision

Organize and facilitate a one (1) day design charrette for key stakeholders and
members of the public in order to develop an overarching vision of the Prudhommes
Secondary Plan Area. The focus on the design charrette should be to set the goals,
objectives and principles of the project, while guiding participants towards a vision of
development for the Prudhommes area.

As part of the design charrette, the Proponent is expected to:

Present background research and analysis;

Oversee design exercises and group discussions which will determine
preferred development options on-site by assessing the function, design, and
balance of land uses within the study area; and

Prepare a report outlining the outcomes and recommendations of the design
charrette, and summarizing the policy review and background research and
analysis conducted for the study area.
Technical Review and Site Design

Outline key constraints and opportunities in achieving the vision and objectives for
the Prudhommes Secondary Plan Area.

Review existing servicing system capacities (water, sewer, and stormwater) and
identify how this area will be linked into the existing servicing systems.

Assess physical design solutions for the Prudhommes area relative to the
Prudhommes Secondary Plan Update
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established vision and guiding principles of the project and the background research
conducted. This analysis will consider project scale and density, building forms and
massing, parks and open space linkages, topography, travel circulation routes, views
and sightlines to Lake Ontario, noise impacts, streetscape design and character,
environmental impacts, etc.

4.
Organize, attend, and present preliminary findings/design options at a public
information meeting and receive public input for preferred design of the site.
Preferred Plan Development

Prepare a concept plan and recommendation report for the Prudhommes Secondary
Plan Area which:

Incorporates the guiding principles and vision set out in the design charrette;

Identifies the location and intensity of land uses on-site;

Develops a concept plan and design for the waterfront park; and

Develops a concept plan and design for the urbanization of North Service
Road and proposed “Main Street” area conceptualized in the previous
Secondary Plan exercise.

Present the preferred design for the updated Secondary Plan to members of the
public through the organization of an open house.

Develop updated urban design guidelines for the Prudhommes Secondary Plan
Area, with a focus on streetscape and public realm improvements.
PART B
5.
6.
Implementation Strategy

Recommend implementation tools and strategies which outline the anticipated
phasing of development for servicing and transportation infrastructure.

Outline methods of utilizing the Region’s Lakefront Enhancement Strategy and any
associated incentives in implementing the waterfront park feature.
Secondary Plan and Policies

Prepare an Official Plan Amendment for the Prudhommes Secondary Plan, including
any supporting mapping and graphics.

Present the final changes to the Secondary Plan to the Town’s Economic and
Development Committee and Town Council (Statutory Public Meeting for the Official
Plan Amendment).
Proposals for undertaking the Secondary Plan Update will outline an estimated timeframe and cost
for the completion of each phase and outline how the proponent’s proposed work plan will address
the tasks outlined above.
3.3. Project Deliverables
The following documents and materials will be provided by the Proponent to the Town:
Prudhommes Secondary Plan Update
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


One unbound and one electronic copy of summary report(s) or drafts;
One unbound and one electronic copy of the final recommendation report and Official Plan
Amendment; and
All supporting materials, graphics and studies produced by the Proponent undertaking the
study.
All electronic materials provided by the Proponent are to be provided in Microsoft Office format (i.e.
documents in Microsoft Word and presentation materials in PowerPoint).
All deliverables shall become the property of the Town.
Town Staff will be responsible for circulating any public and agency notices.
3.4. Project Timeline
The project is anticipated to be completed within six months following contract sign-off.
3.5. Proponent Qualifications
The selected Proponent will need a breadth of qualification and experience including, but not
limited to:





4.
Registered to practice as a Professional Planner in the Province of Ontario.
Licensed Architect or Landscape Architect in the Province of Ontario.
Registered to practice as a Professional Engineer in the Province of Ontario.
Possesses significant experience in the preparation of Secondary Plans and the review of
municipal infrastructure.
Possesses significant experience in community engagement, public presentations, and
workshop facilitation.
PROPOSAL REQUIREMENTS
4.1. Date and Place for Receiving Submissions
Five (5) copies of the Proposal shall be submitted in a sealed envelope. Each must be plainly
marked to reveal the contents and the Proponent company name and address.
All submissions must be received before 2:00 pm local time, Thursday, May 5, 2016 by the
Office of the Clerk, and shall be addressed as follows:
Request for Proposal No. PL 2016-02
Prudhommes Secondary Plan Update
Office of the Clerk
Town of Lincoln
4800 South Service Road
Beamsville ON L0R 1B1
Prudhommes Secondary Plan Update
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Please note that all Proponents submitting a Proposal are solely responsible to ensure that their
submissions are received by the Office of the Clerk on or before the deadline. Submissions
received after the indicated deadline will be returned to the submitting Proponent unopened.
In the event of any question regarding the timely receipt of a submission, the time on the clock
designated by the Town Clerk will absolutely prevail over any other timepiece regardless of any
discrepancies between the time on the Town Clerk’s designated clock and the actual time.
4.2. Documentation
Proposals must be submitted as per the following:



One set of documents carrying original signatures and marked as “MASTER”.
One electronic version (i.e. CD, Flash Drive, etc.).
Additional sets may be photocopied and marked as “DUPLICATE”.
The Proposal must be signed and witnessed by responsible officers of the company and the
company will be clearly identified.
4.3. Proposal Format
The Proponent shall include a clear outline in a brief letter to undertake this assignment. Each copy
of the Proposal must include the following information:

The Proponent’s interest in carrying out the project and an understanding of the objectives
of the study;

The Proponent’s proposed methodology for carrying out the project requirements outlined
in Section 3.2 (“Project Tasks”) of this document;

A detailed project schedule which will identify all major components of the project and their
anticipated start and completion dates;

Predicted number of meetings with residents, the developer/landowners, Town and
Regional staff, the Town’s Economic Development and Planning Committee and Town
Council;

A description of the consulting team, the lead persons, and the relevant experience and
qualifications of each individual along with an estimate of the percentage of time each key
member will dedicate to this project;

Relevant experience with references for similar projects and a list of clients in the
immediate area. A minimum of three references must be provided. Experience with
preparing Secondary Plans would be an asset;

Relevant details of any subconsultants that will be used for this project. Subconsultants will
be paid for and supervised by the Proponent;

Commitment (time and resources) expected to be provided by the Town and the Region;
Prudhommes Secondary Plan Update
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
A detailed financial quote, broken down by tasks, for completing all aspects of the
Prudhommes Secondary Plan Update, including the upset limit;

Part A, as outlined in Section 3.2 “Project Tasks”, shall be priced separate from Part B. The
Town and Region reserve the right to award Part B as a supplementary assignment;

Disbursement costs which may include mileage, telephone charges, printing and
reproductions, fax charges, courier services, and computer services, etc.;

A fee schedule indicating a per diem rate or hourly rate for each Proponent and subProponents, if any, on the project team for the entire project duration; and

Copies of the current insurance certificates held by the Proponent’s company.
Proponents are encouraged to submit any value added recommendations as part of the Proposal
for consideration by the Town and Region.
4.4. Proposal Presentation and Proponent Interview
The Town will require each Proponent to give an oral presentation in support of their Proposal to
exhibit or otherwise demonstrate the information contained therein. Questions will be posed to
each Proponent, as they arise, during and after the presentation. Town and Regional Staff will
grade these presentations and these grades will be used as part of the Town and Region’s overall
evaluation of the Proposal.
The Town shall notify each Proponent outlining the details (time, location, etc.) of the presentation
4.5. Proposal Evaluation and Selection
Proposals received on time will be reviewed and deviations and/or exceptions to the requirements
of this Request for Proposal will be noted and assessed. Proposals will be evaluated and scored
according to the following weighting framework:
1
2
3
Proposal Component
Technical & Management Proposal
Oral Presentation/Interview
Fee Proposal
Weight
75%
10%
15%
A Benchmark score of 50% out of the maximum 75% for the Technical & Management Proposal
must be obtained to be considered as a short-list Proponent who would be invited to proceed to
“Step 2 - Oral Presentation/Interview” as well as “Step 3 - Fee Proposal” evaluation process.
The Technical & Management Proposal as well as Oral Presentation/Interview will be evaluated
and scored based on the evaluation criteria and scoring methodology outlined in Attachment A.
Each criterion will be scored between 0 and 10 and multiplied by the weight to establish the
weighted score. The total weighted scores for each bid will be tabulated.
The lowest priced Proposal will receive the maximum score for the cost element. Proposal costs
will be evaluated using the following formula:
Prudhommes Secondary Plan Update
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(Lowest Bid Price / Proponent’s Bid Price) * 10 (Points) * Weighting Factor = Points
Awarded
Total weighted scores will be tabulated and may be included within public reports to Council.
4.6. Upset Limit
Once the Proponent has been approved, minor revisions to the scope of the assignment may be
negotiated. Where such work has been requested and approved by the Town, the Proponent shall
submit proper documentation of any additional service to support invoices beyond the upset limit.
The upset limit for this Request for Proposal will be $130,000.00, excluding HST.
No invoice for services rendered will be honoured if that invoice puts the total cost of the job over
the upset limit set out in the written agreement. If additional costs are to be incurred over the upset
limit, the Proponent shall obtain written authorization from the Town to proceed with these
additional costs prior to the additional charges being incurred. Further, the Town not honour any
work that was not authorized. Verbal authorization, regardless of the source, will not be honoured
in considering invoices. Any invoice received that does not meet the above requirements will be
returned unpaid, and no late payment charges can be claimed.
5. GENERAL TERMS AND CONDITIONS
5.1. Withdrawal of Proposals
A Proposal may be withdrawn unopened after it has been deposited, if such request is received in
writing by the Clerk prior to the deadline specified for receipt of Proposals. Requests for withdrawal
received after the Closing Date/Time will not be accepted. Withdrawal of a Proposal must be made
in writing to the Clerk’s Department and delivered by e-mail, facsimile, registered mail, courier, or in
person.
The withdrawal of a Proposal will not preclude a Proponent from submitting another Proposal prior
to the Closing Date/Time.
5.2. Clarification
It will be the Proponent’s responsibility to clarify any details in question before submitting a
Proposal. Email inquiries must be directed to the attention of the Town’s project lead listed on the
cover page of this document by 2:00 p.m. on April 22, 2016.
The Town bears no responsibility for any oral communication instruction or suggestions.
5.3. Acceptance or Rejection of Proposals
The Town and the Region reserves the right in its total discretion to accept or reject any or all
Proposals for any reason whatsoever, and to accept or reject any Proposal if considered best for
the Town. All documentation is subject to review by Staff for mathematical accuracies and
compliance with the specifications terms and conditions of this Request for Proposal.
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5.4. Payment
Once a project has started, payment shall be on a monthly basis provided the work has been
satisfactorily completed. A ten (10%) percent holdback will be retained until all deliverables are
received.
5.5. Billing
Invoicing addresses, electronic payment information and other billing information will be supplied to
the successful Proponent.
5.6. Intent of Scope of Work
It is the intent of the scope of work to describe specific details of services required. It is the
responsibility of the successful Proponent to supply any service not described in the scope of work
but which may be reasonably implied to discharge the scope of work covered in this Request for
Proposal.
5.7. Incurred Costs
The Town of Lincoln will not be liable nor reimburse any Proponents for costs incurred in the
preparation of submissions, attendance at meetings and related travel costs, or any other services
that may be requested as part of the evaluation process.
5.8. Proposal Expiry Date
Proponents hereby acknowledge that offers contained within their Proposal shall remain open for
acceptance by the Town for a period of not less than ninety (90) days from the closing date
established for Proposals.
5.9. Harmonized Sales Taxes (HST)
All base prices shall exclude HST. Payment under the Contract shall be subject to value added
taxes in effect at the time of invoicing.
5.10. Insurance
The Proponent and all sub-Proponents shall purchase and maintain at all times during the term of
this Agreement, or as otherwise set out in the Agreement, the insurance coverage listed below:
1.
Comprehensive General Liability Insurance
Commercial general liability insurance insuring the Proponent and covering all services as
described in the scope of work. The policy will be extended to include bodily injury and property
damage, personal and advertising injury, products and completed services, blanket contractual, a
severability of interest and cross liability clause to a limit of not less than two million dollars
($2,000,000) per occurrence. A commercial general liability policy that has an aggregate limit will
be acceptable. The policy shall include a cross liability clause written as follows:
The insurance as is afforded by this policy shall apply in respect to any claim or action
brought against anyone insured by any other insured. The coverage shall apply in the same
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manner and extent as though a separate policy has been issued to each insured. Any breach
of condition of this policy by any insured shall not affect the protection given by this policy to
the owner.
2.
Errors and Omissions
The successful Proponent is required to have Errors and Omissions liability insurance insuring the
Proponent in the amount of not less than two million dollars ($2,000,000) per claim in the
aggregate. The coverage under the policy shall be maintained continuously until expiry or
termination of the contract Agreement.
If coverage under the Errors and Omissions policy is cancelled within the two year period after the
completion or termination on the work, the Proponent shall provide the Town with notice within
ninety days of cancellation and shall be required to purchase an extended reporting endorsement
to ensure that coverage is maintained.
3.
Automobile Insurance
The Proponent is required to have automobile insurance for both owned and leased vehicles with
inclusive limits of not less than two million dollars ($2,000,000).
4.
Other Insurance
Any other type or form of insurance as otherwise may be required from time to time as identified at
any time by either party.
All insurance policies shall be:

Written with an insurer licensed to do business in Ontario;

Be non-contributing with, and will apply only as primary and not excess to any other
insurance or self-insurance available to the Proponent; and

Contain an undertaking by the insurers to notify the Town in writing not less than thirty days
before any material change in risk cancellation of coverage.
Certificates of insurance originally signed by authorized insurance representatives, or if required by
the Town, and certified copies of all of the above-mentioned policies shall be delivered to the Town
prior to the commencement of services. All subsequent policy renewals and certificates on
insurance thereafter, during the term of this work is in force, shall be forwarded to the Town within
sixty days of their renewal date.
5.11. Workplace Safety and Insurance Board Clearance
Upon Award, the Proponent shall provide a valid, current Clearance Certificate indicating that the
Proponent is registered with Workplace Safety and Insurance Board (“WSIB”), and has an account
in good standing, or, if WSIB coverage is not required by law to be carried by the Proponent,
either:
(a)
(b)
An Exemption Letter from WSIB, satisfactory to the Clerk; or
An Independent Operators Status1 Certificate issued by WSIB.
In addition to the indemnification provided by the Proponent herein, the Proponent agrees to
indemnify the Town for all losses, claims, expenses (including reasonable legal fees) or other
charges related to the Proponent’s status with WSIB.
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5.12. Failure to Perform
Failure to comply with all terms and conditions of this Request for Proposal and failure to supply all
documentation as required, within the specified time period, shall be just cause for cancellation of
the award. The Town shall then have the right to award to any other Proponent, or issue a new
Request for Proposal.
5.13. Collusion
A reasonable suspicion or collusion between two or more Proponents will be sufficient cause for
the rejection of all Proposals so affected. It will be the responsibility of the Town to determine if
collusion has occurred.
5.14. Error and Correction
The Town reserves the right in its total discretion to make all necessary corrections to any Proposal
which contains mathematical errors and may refer to the unit price in making such corrections.
5.15. Firm Prices
Proponents hereby acknowledge that offers contained within the Proposal shall be in Canadian
funds and will remain open for acceptance by the Town for a period of not less than ninety (90)
days from the closing date established for the Request for Proposal.
5.16. Ability and Experience of Proponents Submitting Proposals
Each Proponent making a submission shall satisfy the Town as to their ability and experience in
supplying the services offered in their submission. The Town will not award a contract to any
Proponent that cannot furnish evidence satisfactory to the Town that they have the necessary
ability, dedication, equipment, capital and experience to provide the services required.
5.17. Incurred Costs
The Town will not be liable nor reimburse any Proponents for costs incurred in the preparation of
Proposals, attendance at meetings/related travel costs, or any other services that may be
requested as part of the evaluation process.
5.18. Access to Information/Confidentiality of Information
In accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O.
1990, as amended, Proponents are advised that any personal information provided by a Proponent
responding to this Request for Proposal is hereby collected under the authority of the Municipal
Act, 2001 and will be used exclusively in the Request for Proposal process.
The Proposal must not be restricted by any statement, covering letter or alteration by the
Proponent in respect of confidential or proprietary information. The Town will treat all Proposals as
confidential within the boundaries of the Municipal Freedom of Information and Protection of
Privacy Act (MFIPPA). All public reports approved by the Town Council will become public
information.
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All information relative to this Request for Proposal will become the property of the Town once a
Proposal is accepted by the Town and a contract is signed, all information contained in it is
available to the public. Release of information contained in a Proposal may be requested by
anyone under the MFIPPA unless they contain either a trade secret or information that if disclosed
would result in harm to the Proponent. This would include scientific, technical, financial or labour
relations information. All requests for information must be made in writing and submitted to the
Town Clerk. In addition, certain contractual information must be disclosed to the Town and may
become part of the public record.
5.19. Agreements on Internal Trade
Proponents should note that the procurement falling within the scope of Chapter 5, Procurement,
of the Agreement on Internal Trade are subject to that chapter but that the rights and obligations of
the parties shall be governed by the specific terms of each particular Proposal. For further
reference please see the Internal Trade Secretariat website at https://www.ic.gc.ca/eic/site/aitaci.nsf/eng/il00006.html.
5.20. Vendor Performance
The Town and Region may, at their sole discretion, reject a submission if the Proponent making
the submission:






Has, at any time threatened, commenced or engaged in legal claims or litigation against the
Town or the Region;
Previously provided goods or services to the Town or the Region in an unsatisfactory
manner;
Has failed to satisfy an outstanding debt to the Town or Region;
Has a history of illegitimate, frivolous, unreasonable or invalid claims;
Provides incomplete, unrepresentative or unsatisfactory references; or
Has engaged in conduct that leads the Town or Region to determine that it would not be in
the Town’s best interest to accept the submission.
5.21. Assignment of Contract
The Proponent shall not make any assignment, or any subcontract for the supply of material or the
execution of any of the work hereby proposed, nor engage in brokering or franchising or any other
such practice, unless the Town, in its’ own absolute discretion, expressly consents in writing.
Failure of the Proponent to obtain the express written consent of the Town, prior to engaging in any
of the practices noted in the above paragraph, shall constitute a fundamental breach of the
Contract, and in such circumstance the Town may, in its’ own absolute discretion, cancel the
Contract and Award to any other Proponent, or re-issue the Proposal. Further, the Proponent shall
be liable for all damages sustained by the Town as a result of the Proponent’s breach of the
Contract, regardless of whether or not the Town chooses to cancel the Contract. Any Contract
payments outstanding at the time of the Proponent’s breach will be forfeited to the Town in full or
partial payment of said damages.
Any outside costs associated with making a decision on whether to assign a Contract will be
responsibility of the Successful Bidder.
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5.22. Indemnification
The successful Proponent shall indemnify and save harmless the Town, its elected officials,
officers, employees and agents from and against any and all claims of any nature, actions, causes
of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature
and kind arising out of negligence, errors or omissions, fraud or willful misconduct of the successful
Proponent, its officers, employees, agents and sub-Proponents, or any of them, attributable to or in
connection with the delivery of performance of the goods and services contemplated in the
Request for Proposal, except to the extent that the same is attributable to or caused by the
negligence of the Town, its officers, employees and agent, or any of them. This indemnity shall be
in addition to and not in lieu of any insurance to be provided by the successful Proponent in
accordance with the Request for Proposal.
5.23. Clarification of Submission
The Town and Region reserves the right in their sole discretion to clarify any bid after the Proposal
submission deadline. The response received by the Town and Region from a Proponent shall, if
accepted by the Town and Region, form an integral part of that Proponent’s Proposal. The Town
and Region reserves the right to interview any or all Proponents to obtain information about or
clarification of their Proposals. In the event that the Town and Region receives information at any
stage of the evaluation process which results in earlier information provided by the Proponent
being deemed by the Town and Region to be inaccurate, incomplete or misleading, the Town and
Region reserves the right to revisit the Proponent’s evaluation result.
5.24. Conflict of Interest
Proponents making a submission shall disclose to the Town prior to award of the contract, any
potential conflict of interest. If such a conflict of interest does exist, the Town may, at its sole
discretion, withhold the award.
5.25. Award and Announcement
Negotiations, if any, must be successfully concluded and documented before a final
recommendation is made. The first ranked Proponent, having acceptable terms and conditions as
outlined in this Request for Proposal will be recommended for award. No announcement
concerning the successful Proponent will be made until a complete report is prepared and
approved the Town Council.
If approved by Council, the Town will notify the successful Proponent in writing, of the acceptance
of its Proposal. The successful Proponent shall be bound to execute a written agreement with the
Town within fourteen (14) days of contract award. The date of the contract award shall be taken as
the date on which the Proponent is notified of the acceptance of its Proposal. Notice of acceptance
will be deemed to have been given on the fifth day following the date of mailing of the written
notice. The successful Proponent must submit the following to the Town within fourteen (14) days
of the contract award:

A fully executed agreement in triplicate; and

A certificate of insurance which complies with the insurance and indemnification
requirements of the Request for Proposal.
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5.26. Contract Award Document
The issue of a Purchase Order or an Agreement by the Town gives rise to a Contract between the
Town and the successful Proponent in accordance with the terms and conditions sent out in these
instructions, the Specifications, any applicable Addenda and any other related documents.
5.27. Negotiations
In the event that a prepared Proposal does not precisely and entirely meet the requirements of this
Request for Proposal, the Town reserves the right to enter into negotiations with the selected
Proponent(s) to arrive at a mutually satisfactory arrangement with respect to any modifications to
the Proposal.
5.28. Performance Unsatisfactory
The Agreement will be deemed to be in default if the Proponent fails to:

Perform any specification, term or requirement included herein, in a good and proper
manner;

Provide any deliverable(s) in accordance with the requirements incorporated in the
Contract; and

Adhere to specified delivery requirements and/or dates.
5.29. Force Majeure
Neither party shall be responsible for delays or non-performance of this Contract resulting directly
or indirectly from impediments beyond its reasonable control (other than financial inability or by
application of applicable law), including, without limitation, any delay caused by fire or other
impediment beyond the reasonable control of such party and not caused by an act or omission of
such party, provided in the event of such delay or non-performance, the party continues to act
reasonably to resolve such delay or non-performance.
5.30. Exclusion
Except as expressly and specifically permitted herein, no Proponent shall have any claim for any
compensation of any kind whatsoever, as a result of participating in this Request for Proposal, and
by submitting a Proposal each Proponent shall be deemed to have agree that it has no claim.
5.31. Minor Non-Compliance
Proposals which fail to conform to the requirements of this invitation in form or content may be
disqualified as non-compliant. However, the Town may, it its sole discretion, waive minor noncompliance and retain, for consideration and possible award, bids which do not conform to the
requirements of the invitation in form or content, where such Proposals appear to offer the best
value to the Town. Proponents are cautioned that any such retention of non-conforming bids for
evaluation and possible award will be a rare event and solely at the Town’s discretion. Proponents
are urged to ensure their bids are fully compliant with all requirements of the Request for Proposal.
5.32. Unbalance or Unreasonable Cost Estimates
Proposals that contain costs which appear to be unbalanced or unreasonable as likely to adversely
affect the interest of the Owner may be rejected.
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5.33. Intellectual Property
All information and data in any form, including but not limited to drawings, documents and as-built
or Record drawings, which are prepared by the Proponent pursuant to this work, together with all
designs or materials capable of intellectual property protection, prepared, developed or created by
the Proponent, its employees or agents during the performance of the services involved in this
work shall become the property of the Town unless specifically noted otherwise in the written
agreement for this work. The Proponent shall not be liable for subsequent changes to or alterations
of such drawings and documents.
5.34. Limitation of Damages
By submitting a Proposal, the Proponent agrees that in no event will the Proponent claim damages
in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing
its Proposal for matters relating to any agreement or concerning the competitive process, and, the
Proponent, by submitting a Proposal, waives any claim for loss of profits if no agreement is made
with the Proponent.
5.35. Termination
Unless the Town agrees in writing to termination on a different basis, the following termination
condition would apply to any Contract following an Award.
Upon giving the Proponent not less than thirty days prior written notice, the Town may, at any time
and without cause, cancel the Contract, in whole or in part. In the event of such cancellation, the
Township shall not incur any liability to the Proponent apart from the payment for the goods,
material, articles, equipment, work or services that have been satisfactorily delivered or performed
by the Successful Proponent at the time of cancellation.
Failure of the Proponent to perform its obligations under the agreement shall entitle the Town to
terminate the Contract upon ten days written notice to the Proponent if a breach which is not
remediable is not rectified at that time. In the event of such termination, the Township shall not
incur any liability to the successful Proponent apart from the payment for the goods, material,
articles, equipment, work or services that have been satisfactorily delivered or performed by the
successful Proponent at the time of termination.
5.36. Right to Audit
The Town or anyone designated in writing by it may audit and inspect all financial and related
records associated with the terms of the Contract including timesheets, accounts, records, receipts,
vouchers, and other documents relating to the services and shall have the right to make copies
thereof and take extract therefrom. The Proponent shall make available all facilities, physical and
otherwise, for such audits and inspections and shall furnish the Town and its authorized
representatives with all such information as it, or they, may from time to time require with reference
to such timesheets, accounts, records, receipts, vouchers, and other documents. The Proponent
shall cause all such timesheets, accounts, records, receipts, vouchers, and other documents, as
aforesaid, to be preserved and kept available for audits and inspection at any reasonable time, and
from time to time, until the expiration of five years from the later of:
(a)
The date of termination of the Proponent or cancellation of the Contract;
(b)
The date of completion of the services hereunder; or
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(c)
The expiration of such lesser or greater period of time as shall be approved in writing by the
Town.
5.37. Liability for Errors
While the Town has used considerable efforts to insure an accurate representation of information
in this Request for Proposal, information contained in this Request for Proposal is supplied solely
as a guideline for the Proponent. The information is not guaranteed or warranted to be accurate by
the Town nor is necessarily comprehensive or extensive. Nothing in this RFP is intended to relieve
the Proponent from forming its own opinions and conclusions with respect to the matter addressed
in the Request for Proposal.
5.38. Meetings
The Proponent’s representative(s), as requested by the Town and Region, shall attend all
meetings required prior to and during the Contract. This shall include all regular meetings and
emergency meetings.
5.39. Compliance with Laws, Notices, Permits and Fees
The successful Proponent shall:

Comply with all federal, provincial and municipal laws, statutes, regulations and by-laws
relevant to this Proposal;

Obtain the necessary permits, licenses and certificates and pay the fees required for
performance of the work which are in force at the date of the Proposal closing; and

Give the required notices and comply with the laws, ordinances, rules, regulations, codes
and orders of the authorities having jurisdiction which are or become in force during the
performance of the work.
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ATTACHMENT A: SELECTION CRITERIA
Weighting
(%)
CRITERIA
Points
(0-10)
Weighted
Points
1. TECHNICAL PROPOSAL
Qualifications and Experience in similar projects
(30%)
 Project Manager
 Project Team
 Combined knowledge and experience in Niagara
Region
Project Understanding and Approach
(including sub –proponents)
 Project understanding and deliverables
 Work plan and methodology
 Addressing key study elements/challenges
 Stakeholder engagement
 Value and innovation
10%
15%
5%
(35%)
5%
10%
5%
10%
5%
Project Delivery (10%)
 Project control
 Schedule development and control
 Budget control
 Resource allocation and control
 Quality control of services
2%
2%
2%
2%
2%
Subtotal – Technical & Management Proposal
75%
Benchmark to Process to Step 2
2. ORAL PRESENTATION/INTERVIEW (10%)
 Demonstrate your team’s understanding of the
assignment and scope of the project
 Describe your detailed proposal and how project
success will be achieved
 Describe the key issues/sensitivities and how they
will be addressed
 Clearly demonstrate your expertise, critical thinking
and communication skills
SUBTOTAL – Oral Presentation
50%
3. FEE PROPOSAL
15%
TOTAL
100%
Prudhommes Secondary Plan Update
2%
2%
2%
4%
10%
Page 22 of 24
Scoring Category
Fail
Description
Requirement is not met or is not acceptable.
Poor
Minimally addresses the component, but one or
more major considerations of the component are 1 – 3
not addressed.
Fair
The response addresses some aspects of the
component, but minor considerations may not be 4 – 6
addressed.
Good
The response addresses the component and
7
provides a reasonably good quality solution.
Very Good
There is a high degree of confidence in the
proponent’s response as a proposed solution to 8 – 9
address the component.
Exceptional
The proposed solution goes above and beyond the
requirements as well as provides a high degree of 10
confidence in its effectiveness.
Prudhommes Secondary Plan Update
Numeric Score
0
Page 23 of 24
ATTACHMENT B: PROPOSED STUDY AREA
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