RFP40-2013 - Niagara Falls, Ontario, Canada

niagarafalls.ca

RFP40-2013 - Niagara Falls, Ontario, Canada

Request for Proposal

RFP 40-2013

Provision of Consulting Services

City of Niagara Falls

Master Drainage Plan Update Study

Closing: August 9, 2013 @ 2 p.m. local time

www.niagarafalls.ca


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REQUEST FOR PROPOSAL

RFP40-2013

Master Drainage Plan Update Study

City of Niagara Falls

Our File: S-20-18

PROPOSAL CLOSING TIME AND DATE

Proposals are to be submitted only in a sealed envelope (supplied by the Bidder) with the Bidder’s

Company name and Proposal RFP40-2013 clearly stated on the envelope and submitted to the Front

Reception, Municipal Services Section, Attention: Supply and Services, 3200 Stanley Avenue, Niagara

Falls, Ontario no later than 2:00 pm, August 9 th , 2013. Proposals received later than the stated date and

time will be returned to the Bidder unopened. NO FAX OR E-MAIL PROPOSAL SUBMISSIONS WILL BE

CONSIDERED OR ACCEPTED BY THE CITY.

QUESTIONS DURING BIDDING (DEADLINE FOR QUESTIONS)

Questions regarding this RFP must be submitted in writing only to Kent Schachowskoj, Infrastructure

and Asset Manager, City of Niagara Falls, E-mail: kschachowskoj@niagarafalls.ca no later than 2:00 p.m.

local time, August 2 nd , 2013 to enable the City to prepare an addendum (if any). Questions received

after this stated time and date may not be acknowledged nor answered. It is the Bidder’s sole

responsibility to ensure that questions submitted have been received by the City.

ESTIMATED PROPOSAL TIMELINES

a) Request for Proposal issued July 23 nd , 2013

b) Questions deadline re: this RFP: August 2 nd , 2013 at 2:00 p.m. local time

c) Request for Proposal Closing date and time: August 9 th , 2013 at 2:00 p.m. local time

d) Interviews may be required with shortlisted Bidders: August 26 th to 30 th , 2013

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TABLE OF CONTENTS

Section

Description

1. Introduction, Background and Objectives

2. Instructions to Bidders

3. Scope of Services

4. Evaluation Process

5. Submission Requirements

6. Appendices

Appendix A: Evaluation Grid

Appendix B: Insurance Certificates

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1. Introduction, Background and Objectives

1.1 Goals

The City of Niagara Falls is seeking proposals from qualified engineering consulting firms or a consortium

of qualified firms for the preparation of a comprehensive Master Drainage Plan Update Study (MDPUS).

This project will facilitate an update to the existing City of Niagara Falls Master Drainage Plan published

in 1981 and other supporting studies such as the Rural Area Drainage Study completed in 1987. In

general, the study will provide a strategic plan, drainage policies and a capital strategy that provide for

ongoing operation and maintenance and the long term growth and sustainability of the City’s drainage

system infrastructure. The MDPUS will allow the City to establish, monitor and maintain or improve the

level of service provided while furthering its ongoing commitment to the protection of ecosystem health

and the mitigation of combined sewer overflows through the City’s Capital Works improvement

program.

The MDPUS will support the City’s 2011 – 2014 strategic priorities for:

A Well Planned City

‣ Adopt Official Plan policies for residential intensification near commercial nodes and corridors to

ensure economic vitality.

‣ Review policies and service delivery with respect to the changing demographics of Niagara Falls.

‣ Ensure that new Greenfield and infill development occurs in an orderly and efficient manner to

take advantage of existing infrastructure capacities.

‣ Use design guidelines to improve the urban aesthetics of commercial and multi-family

developments.

‣ Seek to open lines of communication between the Conservation Authority and development

community to achieve environmentally responsible approaches to development.

‣ Improve By-law Enforcement through updates of standards, protocols, and practices.

‣ Ensure municipal communities have regard for natural and built provisions in recommendations

and decisions.

Infrastructure Sustainability

‣ Develop Asset Management plans that prioritize projects based on need by preparing 10 Year

Capital needs assessment for roads, sewers, water, fleet, technology, property, and building

assets.

Financial Stability

‣ Develop strategy for appropriate level of taxation ensuring long term sustainability of municipal

infrastructure.

‣ Ensure resources are focused on core programs and services by rationalizing City owned assets

and developing a risk management framework.

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1.2 Context

The City of Niagara Falls covers an area of 212 square kilometers and has a population of approximately

83,000 with water and sewer networks serving approximately 28,000 properties in both urban

environments and more rural areas. Continued growth in Greenfield areas and through intensification

continue to place additional pressures on the City to provide a sustainable level of drainage service.

Also, the direction of stormwater management has evolved in Ontario over the last 30 years to

incorporate additional water quality objectives and policies that support a more sustainable

environment through application of green infrastructure.

An update to the existing City of Niagara Falls Master Drainage Plan and other supporting studies such

as the Rural Area Drainage Study is required to provide the City with up-to-date drainage infrastructure

inventory and condition assessment information. A review of the policies, regulations and guidelines

that apply to stormwater infrastructure in the City will support the maintenance of existing

infrastructure and the development of new infrastructure in a manner that provides a high level of

service and promotes sustainability and ecosystem health. Climate change trends are important to

consider when assessing the design basis for drainage infrastructure and the impacts on existing

drainage infrastructure capacities and performance levels.

The City of Niagara Falls is dedicated to being accountable for the provision of high quality municipal

services, and enhancing quality of life in our community through service excellence, teamwork, and

dynamic leadership. The MDPUS will support the City in meeting this goal.

1.3 Service Area and Study Boundaries

The City of Niagara Falls Urban Service area covers approximately sixty square kilometers and services

28,000 properties. The total length of Urban Drainage system is approximately 295 km. The City

currently maintains 10 SWM Ponds with an additional two (2) SWM Ponds soon to be assumed that are

currently under maintenance period for the developer. The study boundary is to include entire City

Wide Drainage System, both Urban and Rural components.

1.4 Background and Objectives

The City of Niagara Falls (City) has not carried out a comprehensive assessment of their stormwater

management infrastructure and related plans and policies since 1981. This 1981 drainage study focused

on the urban environment within the City. Additional studies completed in 1987 focused on the rural

environment. In the intervening years, the ability of the City to effectively and sustainably manage their

stormwater infrastructure has decreased. The development of stormwater management facilities has

proceeded outside of any comprehensive and integrated stormwater management policy framework

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and the apparent changes that have been experienced in the frequency, duration and intensity of

rainfall events due to climate change in recent years has led to uncertainties in the current level of

service provided for flood protection.

To address these issues, the City now wishes to develop a comprehensive MDPUS that incorporates

both urban and rural environments within the City and that will provide the ability to better understand

the level of service currently provided and the future improvements required to sustainably develop and

manage stormwater infrastructure. In addition, stormwater policies and stormwater management

approaches and available technologies to manage stormwater flows and water quality have changed

substantially since the last comprehensive assessment was completed. The MDPUS will, therefore, also

require a review of relevant stormwater policies related to development and the technical approaches

to stormwater management in order to develop effective stormwater management policies and

guidelines for the City.

The City’s capital works improvement program includes sewer separation as the primary approach to

deal with Combined Sewer Overflow (CSO) mitigation and flooding in the urban area. The City’s

Pollution Control Plan that addresses CSO mitigation was completed in 2008 and provides a roadmap for

the reduction in CSO discharges. The MDPUS will also examine the integration of recommendations for

drainage system improvements within the context of CSO mitigation.

The MDPUS will fulfill the Phase 1 and Phase 2 requirements of a Class Environmental Assessment

Master Plan and include public consultation and prioritized recommendations for drainage system

improvements.

The MDPUS will focus primarily on the following broad categories of study:

1. Stormwater infrastructure inventory that provides for the MDPUS technical assessment

requirements described in the scope of services section of this Terms of Reference and also supports

the objective of the City to develop a comprehensive asset management inventory and maintenance

management system. The asset management inventory and maintenance management system are

being developed as separate initiatives.

2. Level of service currently achieved related to stormwater management facility (SWM ponds)

operations and maintenance levels, and performance levels.

3. Level of service currently achieved related to stormwater conveyance infrastructure operations and

maintenance levels.

4. Level of service currently achieved related to system capacity, flooding and receiving environment

water quality and quantity impacts.

5. Stormwater planning and policy, regulation and guideline development and integration with all

applicable related policies, regulations and guidelines.

6. Recommendations for drainage system improvement to provide appropriate future (20 years) level

of service related to stormwater infrastructure operations and maintenance levels.

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7. Recommendations for drainage system improvement to provide appropriate future (20 years) level

of service related to system capacity, flooding and facility performance

8. Prioritization of the MDPUS recommendations within a 10 year capital plan

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2. INSTRUCTIONS TO BIDDERS

2.1 Definitions:

“Bidder” means the company or person submitting a Proposal in response to this RFP.

“City” shall be understood to mean The Corporation of The City of Niagara Falls.

“Contract” means the supply of the services by the Contractor per this RFP as stated in the City’s

Purchase Order and shall include the Bidder’s Proposal submission and the RFP and any addenda

thereto as issued by the City.

“Contractor” means the company to whom the City has issued a Purchase Order

“Project Administrator” means Kent Schachowskoj, Infrastructure and Asset Manager, City of Niagara

Falls

“Purchase Order” means the official order as issued by the City to procure the goods as described in this

RFP and shall include the Bidder’s Proposal Submission and the RFP as issued by the City.

“Proposal” means the Bidder’s Proposal submission

“RFP” shall refer to this Request for Proposal

2.2 RFP Closing Date and Time

The closing date and time for this Request for Proposal is August 9 th , 2013 at 2:00 p.m. local time.

Proposals submitted later than this stated date and time may not be received nor accepted.

2.3 Delivery of Proposal Submission

Proposal submissions must be delivered only to the Municipal Service Centre, Front Reception: 3200

Stanley Avenue, Niagara Falls, Ontario, Attention: Supply and Services Section. Bidders must instruct

couriers and any who may be delivering their Proposal submission that the package or envelope must be

delivered only to the front reception area at the Municipal Service Centre. Proposals delivered to any

other facility or to any other area of the Municipal Service Centre may be rejected. NO FAX OR E-MAIL

PROPOSAL SUBMISSIONS WILL BE CONSIDERED OR ACCEPTED BY THE CITY.

2.4 Questions

Questions regarding this RFP must be submitted in writing only to Kent Schachowskoj, Infrastructure

and Asset Manager, City of Niagara Falls, E-mail: kschachowskoj@niagarafalls.ca no later than 2:00 p.m.

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local time, August 2 nd , 2013 to enable the City to prepare an addendum (if any). Questions received

after this stated time and date may not be acknowledged nor answered. It is the Bidder’s sole

responsibility to ensure that questions submitted have been received by the City.

2.5 Specifications: General Statement

The Specifications are stated in the Project Scope and Specifications Section and/or on the Fee Schedule

Pages. The City retains the right not to accept nor consider a Proposal from any Bidder who is not

compliant with the Project Scope and Specifications stated in this RFP.

2.6 Bidder’s Submission

Bidders must submit the following documents with their Proposal Submission:

a) Response to the evaluation criteria as stated in Sections 4 and 5 of this RFP.

b) Proposal Cost and Man hour Estimate in a separate envelope as per Section 5 of this RFP.

c) All other requirements as stated in this RFP.

d) Complete and sign the first page of any Addenda issued by the City.

e) All requirements as stated in any Addenda issued to this RFP

2.7 Rights of the City

a) The City reserves the right, in its absolute discretion to accept a Proposal which it deems most

advantageous to itself and the right to reject any or all Proposals, in each case without giving any

notice. The lowest or any Proposal will not necessarily be accepted. In no event will the City be

responsible for the costs of the preparation of the submission of a Proposal from any Bidder.

b) Proposals which contain conditions or otherwise fail to conform to the Instructions to Bidders

may be disqualified or rejected. The City may, however, in its sole discretion, reject or retain for its

consideration Proposals, which are non-conforming because they do not contain the content or form

required by the Instructions to Bidders or for failure to comply with the process for submission set out in

the Instructions to Bidders.

c) Except as expressly and specifically permitted in the Instructions to Bidders, no Bidder 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 Bidder shall be deemed to have agreed that it

has no claim.

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d) The City reserves the right to exercise complete and unfettered discretion in all aspects of the

conduct of this RFP and any subsequent procurement process, the assessment and evaluation of

Proposal submissions, including the determination of criteria and choice of a Contractor, without

incurring any liability whatsoever to any Bidder, including any liability for costs, expenses, losses or

damages, and without giving any reason therefore.

e) The City reserves the right to reject any Proposal submission which is restricted by any wording,

sentences, clauses, copies or agreements or contract samples included by the Bidder in their Proposal

submission. The City shall make the sole determination of which of the above constitutes a restriction.

Also, Proposal submissions which are incomplete, conditional or obscure, or which contain additives not

called for, erasures, alterations or irregularities of any kind, will be rejected

f) The City in its sole and unfettered discretion, reserves the right to change the dates, schedules

and deadlines set out in this RFP or to change the scope of the project, or to cancel the RFP or the

project without stating any reasons therefor.

g) The City reserves the right to accept or to reject any or all of the Proposal submissions and the

City reserves the right to proceed, in its sole and unfettered discretion, following receipt of the

Proposal submissions, to issue a modified Request for Proposal for the project or to cancel the RFP

process and any subsequent procurement process including the Purchase Order issued to a Contractor.

h) The City reserves the right to negotiate any terms or conditions whatsoever with any Bidder

following receipt of Proposal submissions in response to this RFP.

i) The Bidder agrees that by submitting a Proposal in response to this RFP that the City has no

obligation to reveal any information regarding any Proposal submitted to the City including the results

of the RFP process or any reasons for its decision in the choice of a Contractor or Contractors.

j) The City reserves the right to waive informalities at its sole discretion.

2.8 Addenda and Written Communications

The City will not be responsible for any verbal (spoken) information from any City staff or staff from any

or consultant retained by the City or from any other person or persons who may have an interest in this

RFP. Adjustments or changes to this RFP prior to the closing date and time stated herein will only be by

written addenda only and said addenda will be posted electronically on the City’s Bid Opportunity

Website. It is the Bidder’s sole responsibility to view this site often prior to the closing date and time

stated herein to make themselves aware of any or all addenda which can be downloaded from this site.

Any Proposal submitted to the City that does not include the first page (completed and signed) of all

addenda issued may be rejected.

The City’s Bid Opportunity Web Site is: http://www.niagarafalls.ca/bids

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2.9 Clarification

It will be the Bidder's responsibility to clarify any details in question before submitting a Proposal. Unless

otherwise stated, all official correspondence regarding this RFP should be directed in writing to the

City’s Project Administrator as stated in this RFP. Addenda with responses to questions submitted will

be issued by the Director of Municipal Works for The Corporation of the City of Niagara Falls. The City

will assume no responsibility for oral instruction or suggestion.

2.10 Withdrawal of Proposals

Companies will be permitted to withdraw their Proposal submission, unopened after it has been

deposited, if such a request is received by the Infrastructure and Asset Manager or designate in writing,

prior to the time specified for the closing of this RFP.

2.11 Taxes

Details regarding any taxes (if required to be included or not) will be stated on the Fee Schedule.

2.12 Evaluation

Proposal submissions will be evaluated per Section 4: Evaluation Process

2.13 RFP Requirements and Selection of Contractor or Contractors

Notwithstanding any terms or conditions contained in this RFP, the Corporation of the City of Niagara

Falls reserves the right to add or delete requirements listed in this RFP at any time. Also the City may

issue a Purchase Order to a selected Contractor whether that Contractor’s price be lowest or nor, or to

cancel this RFP for reasons that are in the best interest of and provide the best value for the City. The

Bidder by submitting a Proposal in response to this RFP thereby acknowledges that the City has these

rights and the rights stated in this Instructions to Bidders Section.

2.14 Error & Correction

The City will make all necessary corrections to any Proposal submitted which is in error through addition

or extension; the corrected value prevailing.

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2.15 Notification to Bidders

Any notice that the City may be required or desired to give to the Bidder shall for all purposes be

deemed to have been sufficiently and properly given if posted on the City’s Bid Opportunities Web Page.

It is the Bidder’s sole responsibility to check the said Web Page to avail themselves of any posted RFP or

any addenda.

The City’s Bid Opportunities Web Page is: www.niagarafalls.ca/bids

2.16 Adherence to Requirements

The Bidder is requested to adhere strictly to all requirements and complete all sections of this RFP

including all appendices and addenda. Failure to do so may be sufficient cause for rejection of the

Bidder’s Proposal.

2.17 Freedom of Information

Any information including the requirements as described in this RFP, and including service or product

details, prices, statements, and any other information provided by the Bidder shall be kept strictly

confidential and release of same, except for any details regarding this RFP stated in a report to the

Council of the City, shall only be granted in accordance with the Municipal Freedom of Information and

Protection of Privacy Act R.S.O. 1990, c. M.56 as amended.

2.18 Proposal Submissions Irrevocable

The Proposals received from Bidders are to be irrevocable and open for acceptance for a period of not

less than ninety (90) days after the stated RFP closing date.

2.19 Canadian Funds and Firm Prices

The prices quoted are to be in Canadian Funds and firm until delivery, acceptance and payment by the

City for the work and services stated in this RFP.

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2.20 Time is of the Essence

The City shall have the right to cancel at any time any contract or any part of any contract resulting from

this RFP in respect to the goods, materials, articles, equipment, work or services, covered thereby, not

delivered or performed by the specified time in the RFP, without incurring any liability whatsoever in

respect hereto.

2.21 Omission and Mis-statements

a) The several parts of the RFP shall be taken together to explain each other, and to make the

whole consistent; and if it be found that anything has been omitted or misstated, which is necessary for

the proper performance and completion of any or the requirements of the RFP contemplated, the

Contractor shall, at the Contractor's own expense, and without making any extra claim, therefore,

execute the same as if it has been properly described, and the correction of any such omission or misstatement

shall not be deemed to be an addition to, or deviation from the requirements hereby

contracted for; nor shall such decision or correction entitle the Contractor to any extension of time for

the delivery of the items stated herein.

b) It is to be understood that all terms and conditions, specifications, drawings, plans, all RFP

clauses, and the complete RFP as originally issued by the Supply and Services Section of The Corporation

of the City of Niagara Falls shall constitute the RFP. Any Proposals received that have clauses or any

wording or figures, statistics, numbers, quantities or any other items that have been changed or altered

in any way shall be rejected and not accepted by The Corporation of the City of Niagara Falls.

2.22 Contract

Prior to an award, this RFP and the Proposal submitted by the Bidder becomes part of the Contract. The

Bidder must accept the City’s Purchase Order which will supersede all other contracts.

2.23 Rejection Due to Any Restrictions Contained in the Bidders Proposal Submission

The City reserves the right to reject any Proposal submitted which is determined solely by the City to

contain restrictive words, clauses or phrases or any wording not called for in this RFP or by the inclusion

of any contracts or agreements from the Bidder’s company or parent company. The decision by the City

to reject any Proposal submission for reasons stated in this section shall be final.

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2.24 Agreement in Writing Only

No verbal arrangement or agreement, relating to the goods, materials, articles, equipment, work or

services, specified or called for under this RFP, will be considered binding, and every notice, advice or

other communication pertaining thereto, must be in writing and signed by a duly authorized person.

2.25 Standards and Legislation: Failure to Comply

The Contractor may be required to provide written documentation that all materials proposed meet

Municipal, Provincial and Federal Government standards, legislation and laws. Also, the Contractor

must comply with all laws, legislation, regulations, and provisions of the Federal, Provincial, Municipal

Governments or any governmental agency as they pertain to the specifications described herein. This

will apply to any required industry standard or regulations. Failure by the Contractor to comply with

these laws, legislation, regulations, standards, and provisions shall be just cause for the City, at its sole

and unfettered discretion, to cancel the award and issue an award to any other Contractor or may reissue

the RFP. The City may assess against the Contractor any damages whatsoever as a result of failure

to comply.

2.26 Failure to Comply With all RFP Terms

Failure to comply with all terms, specifications, requirements and conditions of this RFP including

delivery, to the satisfaction of the City, shall be just cause for the cancellation of the contract award.

The City shall then have the right to award this contract to any other Contractor or Contractors or to reissue

the RFP. The City shall assess against the Contractor any damages whatsoever as a result of failure

to comply with the said terms, specifications, requirements, conditions and delivery.

2.27 Goods and Materials Suitable for Use

The Bidder warrants that any goods, materials, articles or equipment to be supplied under or pursuant

to any official order or contract based on this RFP, that is or are to be made or used for a particular

purpose, will be fit and suitable for that purpose.

2.28 Completion of Contract Terms and Conditions

The goods, materials, articles, equipment, work or services, specified or called for in or under this RFP

shall be delivered or completely performed, as the case may be, by the Contractor as soon as possible

and in any event within the period set out herein as the guaranteed period of delivery or completion.

The Bidder agrees to furnish to the City, in conformity with the conditions set out herein and with any

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specifications, plans, price schedules, samples, instructions, addenda or other details, provided in

connection therewith or referred to therein, the goods, materials, articles, equipment, work or services

so specified or called for in this RFP at the prices quoted herein and upon receipt of an official order

therefor.

2.29 New Goods and Materials Only

Unless otherwise stated all goods supplied as a result of this RFP shall be new only, never used, of the

latest manufacture and not re-manufactured.

2.30 Patents, Intellectual Property Rights, Copyright, Trademarks, Technology Rights

By submitting a Proposal, the Bidder warrants that the information contained in its Proposal submission

does not infringe any Patents, Intellectual Property Rights, Copyright, Trademarks, Technology Rights of

any Third Party and agrees to agrees to defend the City at the Bidder’s own expense, including all legal

and court fees, in all suits, actions or proceedings in which the City is made a defendant for actual or

alleged infringement of any Canadian or foreign letters patent, intellectual property rights, copyright

trademarks, technology rights or any other related rights to the above resulting from the City’s

contractual relationship with the Contractor and the Contractor’s use of any or all technologies,

methodologies, strategies in providing the services required herein. The Bidder further agrees to pay

and discharge any and all judgments or decrees which may be rendered in any such suit, action or

proceeding against the City. The Bidder agrees to indemnify and hold harmless the City from any and all

license, royalty and proprietary fees or costs, including legal and court costs, which may arise out of the

City’s contractual relationship with the Bidder and the Bidder’s use of any or all technologies,

methodologies, strategies in providing the services required herein. It is expressly agreed by Bidder that

these covenants are irrevocable and perpetual.

2.31 Payment

The normal payment terms offered by The Corporation of the City of Niagara Falls is net 30 days.

Payment terms shall only be modified at the sole discretion of the City to take advantage of discounts

for prompt payment or for other terms that shall be deemed to be in the best interests of the City. The

Bidder agrees that the City shall be entitled to the discount stated herein if payment of invoices for the

goods, materials, articles or equipment, work or services, specified or called for in or under this RFP, is

made within the period specified herein after acceptance or satisfactory completion thereof, as the case

may be, and the receipt by the City of the invoice therefor.

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2.32 Proposal Preparation Costs

The City shall not be responsible for the costs incurred by any Bidder to prepare and submit a Proposal

or any subsequent documents relating to their Proposal submission.

2.33 Origin of Goods and Materials

Wherever possible, the goods, materials, articles or equipment, specified or called for in or under this

RFP shall be of Canadian origin and manufacture.

2.34 Erasures and Alterations

Any erasures, alterations or cross-outs must be initialed in ink by the Bidder. Failure to do so may result

in the rejection of the Bidder’s Proposal submission by the City.

2.35 Extension of Purchase Order

The time period duration of any Purchase Order issued as a result of this RFP may be extended for a

specific period provided that both the City and the Contractor agree to such extension. The City may

notify the Contractor at any time to seek an extension.

2.36 Additional Requirements

The Corporation of the City of Niagara Falls reserves the right to add or delete items listed herein

following award of any contract(s) or purchase order(s) resulting from this RFP. The unit prices stated by

the Bidder shall apply.

2.37 Delivery Information

a) The prices stated in this RFP cover the goods, materials, work, services, articles or equipment,

referred to herein, being delivered F.O.B. destination, freight, express, duty and all other charges

prepaid, unless otherwise indicated herein. A detailed delivery ticket or piece tally, showing the exact

quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. A

storekeeper's or other receiver's receipt shall not bind the City to accept the goods, materials, articles or

equipment covered thereby, or the particulars of the delivery ticket or piece tally therefor.

b) In the event that goods, materials, articles or equipment, specified or called for herein, are to be

furnished from a point outside Canada at a price which is expressly not to include importation charges

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into Canada or delivery in the Niagara Falls area, the Canada Customs Invoice in quadruplicate, with Bill

of Lading, Export Entry form, Express receipt of advice of shipment by Parcel Post, shall be delivered to

the Finance Department, P.O. Box 1023, Niagara Falls, Ontario, Canada, L2E 6X5.

c) Should an additional tax or duty or any variation in any tax or duty, become directly applicable

to goods, materials, articles or equipment, specified or called for in this RFP, subsequent to its

submission by the Bidder and before the delivery of the goods, materials, articles or equipment, or the

completion of the work or services covered thereby, pursuant to an official order issued by the City the

appropriate increase or decrease in the price of such goods, material, articles or equipment, shall be

made to compensate for such changes as of the effective date thereof.

d) Unless otherwise stated, all goods, materials, articles or equipment supplied, and all work or

services, performed, pursuant to this condition shall be subject to inspection by the City at the point of

unloading or the site of the work or services. No extra charge shall be made by the Contractor for

packaging, packing or containers, unless otherwise indicated herein.

e) The Bidder agrees that the goods, materials, articles, equipment, work or services, specified or

called for in or under this RFP, will be delivered or completed within the period set out herein as the

guaranteed period of delivery or completion after receipt of an official order therefor.

2.38 W.H.M.I.S. Requirements

The Contractor must supply a Contractor label and appropriate Material Safety Data Sheet under the

W.H.M.I.S. legislation and Hazardous Protection Act for all controlled products to be supplied per this

RFP. Any controlled good supplied without appropriate data sheet and proper labeling will not be

accepted and will be returned at the sole cost to the Contractor.

2.39 Indemnification

a) The Contractor shall indemnify and save harmless the City from and against all claims, actions,

losses, expenses, costs, demands, suits and other proceedings or damages of every nature and kind

whatsoever which the City, its employees, officers or agents may suffer as a result of the negligence of

the Contractor, its employees, officers or agents in performance of the Contract.

b) The Contractor shall indemnify and save harmless the City from and against all claims, actions,

losses, expenses, costs or damages of every nature and kind whatsoever which the City, its employees,

officers or agents may suffer as a result of misuse, misappropriation or alleged misuse or

misappropriation by the Contractor, its employees, officers or agents of intellectual property in the

performance of the Contract; and

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c) The City agrees to indemnify and save harmless the Contractor from and against any and all

claims, losses, damages, liability and costs arising out of or in any way connected with the presence,

discharge, release or escape of contaminants of any kind, excluding only such liability as may arise out

of the negligence of the Contractor in the performance of supplying goods to the City.

2.40 Insurance and W.S.I.B. Requirements

If requested by the City, Insurance requirements in strict compliance with the City’s standard

requirements for insurance shall be required to be held by the selected Contractor. Such insurance may

include but not limited to: Comprehensive General Liability, Automotive Liability for owned and nonowned

automobiles, professional errors and omissions liability and any other requested insurance. The

request for provision of insurance shall be provided by the Contractor at no additional cost to the City.

The same shall apply to Workplace Safety and Insurance Board requirements.

2.41 Notification of Potential Bidders Not Guaranteed

The City posts notification of all RFP’s on its Bid Opportunities Web Page. Bidders are to review the City’s

Web Site to inform themselves of any RFP’s. The City shall not guarantee that any previous Bidders shall

be notified by any means electronic or otherwise of any RFP. It is the responsibility of any potential

Bidder to make inquiries with the Supply and Services Section of the City regarding any current or

upcoming RFP.

2.42 Removal from Bidders List

The City reserves the right to remove from its list of Bidders, for an indeterminate period, the name of

any Bidder who fails to accept a Purchase Order issued by the City or for unsatisfactory performance on

any previous or current contract held with the City or if the Bidder is currently involved in or responsible

for litigation of any kind against the City.

2.43 Bidders Expenses

Bidders are solely responsible for their own expenses in preparing a Proposal and for subsequent

negotiations with the City, if any. If the City elects to reject all Proposals received, the City will not be

liable to any Bidder for any claims, whether for costs or damages incurred by any Bidder in preparing

their Proposal, loss of anticipated profit in connection with any final contract, or any other matter

whatsoever.

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2.44 Limitation and Waiver of Damages

The Bidder, by submitting a Proposal, agrees that it will not claim damages, for whatever reason,

relating to the contract or in respect of the competitive process. The Bidder, by submitting a Proposal,

also waives any claim for loss of profits if no agreement is made between the Bidder and the City.

2.45 Order of Precedence

In the event of any inconsistency or conflict in the contents of the following which shall take precedence

and govern in the following descending order:

a) Purchase Order

b) Addenda (if any) as issued

c) RFP as issued by the City

d) Proposal submission received from the Bidder

2.46 Failure to Supply

In the event that the City issues a Purchase Order to a Contractor and the said Contractor does not

supply the equipment, products, or services as offered by the Contractor and as ordered by the City, the

City shall take whatever action it deems necessary against the Contractor, including but not limited to,

removal of the Contractor from the City’s Bidder’s List for a minimum period of three (3) years. The City

will not accept nor receive any bid offer of any kind from the Contractor nor undertake business of any

kind with the Contractor for the minimum three (3) year period.

2.47 Rights to Proposal Submission

Upon receipt of the Bidder’s Proposal submission, the City shall retain the right to determine the use of

the said submission for its own purposes. Bidder’s shall not use their Proposal submission for any other

purposes whatsoever, including revealing any content of their Proposal submission or making copies for

other agencies, firms or companies not being a legal part or division of the Bidder’s company, unless

permission for any such use is receiving in writing by the Bidder from the Corporation of the City of

Niagara Falls. Bidders must make a request in writing to the City for the intended use of their Proposal

submission for any other purposes than as stated herein.

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2.48 Anti Lobbying Restrictions and Required Disclosure

a) Bidders, their company staff members, or anyone involved in preparing their Proposal

submission must not engage in any form of political or other lobbying whatsoever with respect to this

project or seek to influence the outcome of the RFP and subsequent procurement process. This antilobbying

restriction extends to all City staff and elected Council members of the City.

b) In the event of any such lobbying, the City may reject any Proposal submission by that Bidder

without further consideration and terminate that Bidder’s right to continue in the RFP and any

subsequent procurement process. All correspondence or contact by interested parties with the City

must be directly and only with the City contact person identified in this RFP. It should be duly noted by

all Bidders that this anti-lobbying restriction extends from the release date of this RFP through to the

date and time when the City formally awards the contract by purchase order or other means. Any

lobbying undertaken during this time frame by any Bidder or the Bidder’s company staff members, or

anyone involved with their Proposal submission may result in immediate disqualification from the

process. This anti-lobbying restriction is not meant to affect the day-to-day operations of the City, its

staff and the elected Council of the City that may necessarily include contact with potential Bidders to

this RFP regarding other business.

c) This section shall not be intended to disallow any meetings, interviews or clarifications

requested or authorized by the City, its authorized staff, the City’s representative for the requirements

of this RFP or their authorized designates.

2.49 Proposal Submission and Correspondence in English

Proposal submissions and any subsequent correspondence, reports, invoices, or documents of any kind

issued by the Bidder and or Contractor must be prepared in English and Bidders and Contractors must

be able to converse and correspond fluently in English directly or through an interpreter supplied by and

at the total cost to the Bidder or Contractor.

2.50 Liability for Errors

While the City has used considerable efforts to ensure an accurate representation of information in this

RFP, the information contained in this RFP is supplied solely as a guideline for Bidders. The information

is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or

exhaustive. Nothing in this RFP is intended to relieve Bidders from forming their own opinions and

conclusions with respect to the matters addressed in this RFP.

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2.51 Agreement with Terms

By submitting a Proposal the Bidder thereby acknowledges and agrees to all the terms and conditions of

this RFP. Bidders who have obtained this RFP and any addenda electronically must not alter any portion

of this RFP or addenda. To do so will result in the rejection of the Bidders delivered Proposal submission.

2.52 Modification of Terms and Addendums

The City reserves the right to modify the terms of the RFP. Any modifications or changes to the RFP will

be issued in the form of an addendum or addenda. The RFP and any addenda will be posted on the

City’s Bid Opportunities Web Site. It is the sole responsibility of any potential Bidder to check this Web

Page often to inform themselves of any posted addenda. www.niagarafalls.ca/bids

2.53 Litigation with the City

No Proposal submission will be accepted from any Bidder or any related company who has a claim or

has instituted a legal proceeding against the City or against whom the City has a claim or has instituted a

legal proceeding, without the prior approval of City Council. This applies whether the legal proceeding is

related or unrelated to the subject matter of this RFP.

2.54 Decision by City

The Bidder agrees that by submitting a Proposal in response to this RFP that the City has no obligation to

reveal any information regarding any Proposal submitted to the City including the results of the RFP

process or any reasons for its decision in the choice of a Contractor or Contractors.

2.55 Choice of Contractors

The City reserves the right to issue Purchase Orders to one or more Contractors, for all or individual

items stated on the Price Schedule pages. The selection of the items to be ordered (if any) by the City

shall remain the sole determination by the City.

2.56 Adjustments to Proposal Submissions After the Closing Date

No adjustments by any Bidders to their Proposal submissions will be permitted after the stated closing

date for this RFP, except as otherwise provided herein

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2.57 Collusion and Fraud

The City will reject any Proposal submission from any Bidder or Bidders where the City determines that

activities of collusion or fraud have taken place by any Bidder or Bidders to affect the outcome of the

bidding process including the selection of a successful Contractor by the City.

2.58 Suspension of Activity by the City

a) All Bidders are advised and put on notice that notwithstanding anything else contained in this

RFP that all Bidders are forewarned and advised that if the City chooses not to proceed with this RFP

process or any subsequent procurement process or any stage including, without limitation, the

completion of the RFP process, the commencement, implementation or completion of any RFP process

or other procurement process and/or the award, negotiation or the finalization of any agreement or

contract and that accordingly, all Bidders acknowledge and agree that if any such processes are

suspended, terminated or cancelled at any time or times during any stage of the RFP or subsequent

procurement process (if any) by the City, then the Bidders shall have no claim against the City for any

costs, expenses, losses including loss of profits, liabilities or damages whatsoever.

b) The City reserves the right to exercise complete and unfettered discretion in all aspects of the

conduct of the RFP and any subsequent procurement process, the assessment and evaluation of

Proposal submissions, including the determination of criteria and the choice, if any, of a Contractor or

Contractors without incurring any liability whatsoever to any Bidder, including any liability for costs,

expenses, losses or damages, and without giving any reasons therefore.

c) Without limiting the generality of the foregoing, the City, in its sole and unfettered discretion,

reserves the right to change the dates, schedules and deadlines set out in this RFP, or to change the

scope of the project, or to cancel the RFP or the Project, without stating reasons therefore and

accordingly the City also reserves the right to accept or to reject any or all of the Proposal submissions

and the City reserves the right to proceed as, in its sole and unfettered discretion, following receipt of

the Proposal submissions, including, without limitation, issuing a second or more, or a modified RFP for

the project or entering into contract negotiations with any Bidder.

d) The lowest priced Proposal submission received will not necessarily be accepted.

e) The issuance of this RFP and the receipt of any Proposal submission by any Bidder does not

commit the City to ward a Purchase Order or to pay any costs incurred in the preparation of any

Proposal by any Bidder, or in any Bidders attendance at any meetings with the City.

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3. SCOPE OF SERVICES

In general, the scope of services to be provided for the completion of the MDPUS is described in the

following sections of the Terms of Reference. A more focused work program or additional work program

items may be negotiated with the selected consultant(s) before the initiation of the study or during the

execution of the study. The City of Niagara Falls as proponent of the study reserves the right to limit or

expand specific deliverables at its sole discretion.

3.1 Technical Steering Committee

The City of Niagara Falls designated project manager will serve as project lead for the MDPUS and will

chair the technical steering committee. The technical committee will be potentially comprised of staff

representatives from the following organizations:

‣ Ministry of the Environment Niagara District Office

‣ The Niagara Peninsula Conservation Authority

‣ City of Niagara Falls, Planning and Municipal Works Department

‣ Regional Municipality of Niagara.

A minimum of six technical steering committee meetings will be held throughout the anticipated 12

month duration of the project. Regular monthly reports outlining the progress being achieved with

respect to the deliverables and schedule outlined in the Terms of Reference and in the consultant

proposal are to be provided. The consultant will be responsible for providing detailed minutes for all

meetings.

3.2 EA Requirements

The proposed MDPUS shall be completed in accordance with the requirements for a Master Plan

process as outlined in the Municipal Engineers Association Municipal Class Environmental Assessment

document (October 2000, as amended in 2007). The successful consultant shall, at a minimum,

complete the following tasks to meet the needs for both the MDPUS and the Master Plan process:

‣ Develop a mailing list including aboriginal communities, agencies, interest groups, NGOs and

other stakeholders as identified throughout the study and update as the project progresses

‣ Provide project documentation for inclusion on City’s website and related material that can be

used to communicate with the public stakeholders

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‣ Prepare a Notice of Project Commencement (The City will be responsible for publishing the

Notice)

‣ Define the project need and purpose

‣ Create and maintain the required project files for the Master Plan documentation

‣ Prepare Notices for Public Information Centres (PICs) (The City will be responsible for publishing

the Notice). It is anticipated that there will be 2 PICs over the course of the study

‣ Prepare presentation materials for and attend the PICs to inform the public of the intent and

objectives and tasks and findings related to the project

‣ Prepare consultation reports to the City on the outcome of the PICs

‣ Provide MDPUS reports for 30 day review and respond to any issues brought forward during the

review period

‣ Incorporate the PIC comments and input, as required and appropriate, into the final MDPUS

report findings and recommendations

‣ Prepare a Notice of Project Completion (The City will be responsible for publishing the Notice)

3.3 Review of Existing Information

The consultant will collect and review all relevant, planning, policy, regulation and guideline documents

as well as operations and maintenance, infrastructure, meteorological and receiving stream related data

and documentation from available sources and provide to the Technical Steering Committee a summary

of the relevant information including an initial gap analysis. The gap analysis will identify where data and

documentation is not available in areas of study relevant to the MDPUS and what effort is required to fill

the gaps that would provide substantive support to the development of the MDPUS. A document review

report will be produced by the consultant clearly defining the information resulting from the source

reports. The following is a general list of available information that the City will make available for use

in completing this assignment:

‣ Previous Master Drainage Plan Studies

‣ Drainage Area Plans

‣ Stormwater Management Reports (including modeling) from recent Developments

‣ Topographic mapping and Ortho imagery as available

‣ Storm Sewer System Plan and Profiles Drawings and Storm Sewer Design sheets

‣ Certificates or Approval/Authorization

‣ Related Studies, Guidelines and Reports (Official Plan, Development Charges By-Law, Design

Guidelines, Drainage Policies)

‣ Rural Drainage Reports

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3.4 Definition of Study Area Boundaries

It is anticipated that the MDPUS will encompass the rural and urban areas within the City of Niagara

Falls and include analysis of the major and minor drainage system components. The consultant will

confirm the drainage catchment boundaries within the City and provide base mapping that conforms to

the City’s GIS standards and that includes major and minor drainage system elements.

3.5 Initial Definition of Drainage Issues and Areas of Concern

From the knowledge base developed through the review of background information and in conjunction

with the Technical Steering Committee, the consultant will define an initial list of the issues and areas of

concern associated with the available planning and policy, regulation and guideline tools for

development and management of drainage infrastructure, the physical infrastructure related to

drainage management, the receiving stream environment and the operations and maintenance of

drainage infrastructure. This information is to be provided to the Technical Steering Committee in a

detailed study report.

3.6 Drainage Infrastructure Inventory and Condition Assessment

The consultant shall undertake a desktop inventory of all major and minor drainage system components.

One purpose of the inventory is to develop a thorough understanding of the extent of the drainage

system, the connectivity of the major and minor systems within each drainage basin, and the condition

of the conveyance system components and SWM pond components as it relates to the City’s asset

management objectives. The City is currently in the process of creating a comprehensive Capital Asset

Inventory that will be integrated into an Asset Management plan and strategy. The collection of

inventory and condition assessment data will consider these inventories. The consultant will provide

MDPUS base mapping of the major and minor drainage system components compatible with the City’s

GIS mapping standards and condition information compatible with the City’s asset management

standards.

A second purpose of the inventory is to provide the required database support for the development of a

system hydrologic/hydraulic model.

The infrastructure Inventories will include the following Asset Groups:

‣ Urban Storm Sewers and appurtenances

‣ Storm runoff outlets and receiving watercourses/waterbodies

‣ Rural area drains

‣ Stormwater Management facilities (SWM Ponds)

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‣ Existing Combined Sewers

The collection of inventory and condition assessment data will also consider the existing combined

sewer system and the points of CSO discharge related to the storm sewer system and how CSO locations

are integrated with the storm sewer system. The ongoing planned sewer separation activities may

impact certain existing drainage area basins or result in the development of new basins and outlets. The

inventory and condition assessments needs to account for these impacts as part of the subsequent

analysis activities

The inventory will also include a catalogue and review of all Certificates of Approval for SWM ponds and

associated required Operation, Inspection and Maintenance programs.

The consultant will allow for field verification of information where appropriate. A level of effort based

on 20 field days (160 hrs) shall be incorporated into the financial proposal by the consultant to cover this

task component. Any other anticipated field components related to the inventory are to be

recommended by the consultant in the proposal.

3.7 Operations and Maintenance Review

The consultant will review the operations and maintenance practices of the City in relation to drainage

system infrastructure and as a requirement to maintain appropriate levels of service and performance.

The review of operations and maintenance practices will consider that the City is currently in the

process of creating a comprehensive Capital Asset Inventory that will be integrated into an Asset

Management Plan and Strategy. The outcome of this review and any recommendations related to City

practices will be included in the MDPUS report.

3.8 Natural Heritage Impacts Assessment

It is anticipated that the MDPUS will provide an assessment of the current impacts of the drainage

system components and potential impacts of the MDPUS drainage system recommendations on the

receiving stream environments within the MDPUS study boundaries. A level of effort based on 20 field

days (160 hrs) shall be incorporated into the financial proposal by the consultant to cover this task

component. Any other anticipated field components related to the assessment are to be recommended

by the consultant in the proposal. The following natural heritage assessments will be undertaken by the

consultant as part of the MDPUS.

3.8.1 Receiving Stream Habitats and Geomorphic Condition

The consultant will review existing aquatic habitat and geomorphic condition information on identified

receiving streams within the MDPUS study area and identify any information gaps related to the

requirement of the MDPUS to provide as assessment of receiving stream impacts related to drainage.

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The consultant shall provide a report to the Technical Steering Committee that describes the existing

aquatic habitat and geomorphic condition of the receiving streams and identifies issues related to

existing and anticipated future flow regimes.

3.8.2 Water and Sediment Quality

The consultant will review existing water quality and sediment quality data collected from the receiving

streams within the City’s drainage system and identify any information gaps related to the requirement

of the MDPUS to provide as assessment of receiving stream impacts related to drainage. The consultant

shall provide a report to the Technical Steering Committee that describes the existing water and

sediment quality condition of the receiving streams and identifies issues related to existing and

anticipated future drainage discharges.

3.9 Evaluation of Design Rainfall Events and Potential Climate Change Impacts

It is anticipated that the consultant will, as part of the MDPUS, carry out an IDF update analysis with

consideration of climate trends to determine the current level of service provided by the drainage system

design basis utilized by the City. The consultant will provide the results of this analysis as part of the

MDPUS report and comment on the adequacy of the current level of service within the context of

expected climate change trends.

3.10 Evaluation of Drainage Policies, Regulations and Guidelines

Based on the review of existing documentation carried out through this MDPUS, the consultant team

will determine if the available policies, regulations and guidelines provide adequate guidance for the

upgrade of existing drainage infrastructure and the development of new drainage infrastructure. The

consultant will be required to, as part of the recommendations task for the MDPUS, further recommend

a comprehensive and integrated approach to drainage planning with regard to these policies,

regulations and guidelines that will enable the City to maintain and develop drainage infrastructure that

provides an appropriate level of service as defined through the MDPUS. The consultant will provide the

results of this evaluation as part of the MDPUS report.

3.11 System Capacity and Performance Analysis

The consultant shall undertake a number of tasks to determine the current level of service provided by

the existing drainage system infrastructure including conveyance components and SWM ponds.

The consultant will develop a hydrologic and hydraulic analysis of the City’s major and minor drainage

system using a single appropriate modeling software platform. The consultant is to recommend the

software and approach with detailed descriptions of both the approach and the benefits of the

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recommended model. The recommended model will be able to perform event based and continuous

simulations related to water quality and water quantity. As part of this task, the consultant will also

provide a system performance analysis in relation to identified performance targets.

It is anticipated that the model will also be utilized to determine the impacts on the performance of the

drainage system components of any recommendations made in the MDPUS in relation to source

controls, conveyance controls, end-of-pipe controls and other appropriate BMPs.

The consultant will provide the results of this analysis as part of the MDPUS report.

3.12 Refinement of Drainage Issues and Concerns

The initial list of drainage issues and concerns identified through the MDPUS will be refined based on

the assessments, evaluations and analyses carried out as part of the MDPUS. It is anticipated that the

issues and concerns will be both system wide and site specific in nature and be related to all MDPUS

areas including but not limited to:

‣ Operations and maintenance

‣ Drainage system capacity and performance

‣ Policies, regulations and guidelines

‣ Projected growth

‣ Receiving stream environments

This information is to be provided to the Technical Steering Committee in a detailed study report.

3.13 Establish Goals, Objectives and Performance Targets for Level of Service and Ecosystem

Protection

In consultation with the Technical Steering Committee, the consultant will establish goals, objectives

and targets for the performance of the drainage system in relation to but not limited to capacity,

flooding, operation and maintenance and ecosystem health. These goals, objectives and targets are to

be directly related to the refined list of concerns developed as part of the MDPUS. This information is to

be provided to the Technical Steering Committee in a detailed study report.

3.14 Development and Evaluation of Alternatives

The consultant will develop, in conjunction with the Technical Steering Committee, a comprehensive list

of alternatives that address the identified issues and concerns in relation to the established goals,

objectives and performance targets. These alternatives will focus on areas related, but not limited to:

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‣ Stream improvements

‣ Operations and maintenance practices

‣ Policies, regulations and guidelines

‣ Major system improvements

‣ Minor system improvements

‣ CSO mitigation (Combined Sewer Separation)

‣ New conveyance infrastructure

‣ New SWM facilities

The consultant will evaluate these alternatives in relation to the defined set of goals, objectives and

performance targets for level of service and ecosystem protection. This information is to be provided to

the Technical Steering Committee in a detailed study report.

3.15 Development of Recommendations

Based on the previous evaluation of alternatives, the consultant shall develop a prioritized list of

recommendations that include costs and that encompass existing and anticipated future drainage

system components. The recommendations will be integrated into the city’s new 10 year capital plan

that is currently under development. The recommendations will address the identified issues and areas

of concern in the areas of but not limited to:

‣ Policies, regulations and guidelines

‣ Operations and maintenance

‣ System capacity and performance

‣ IDF curve design basis

‣ Receiving stream ecosystem health

‣ Accommodation of new development (infill and Greenfield)

‣ Implementation and monitoring

3.16 Stormwater Utility Review and Evaluation

A number of municipalities in Canada are developing and implementing a stormwater user fee program

in order to directly fund required stormwater management projects. This effectively transfers the cost of

funding stormwater management from a property tax base to the user fee program. This is sometimes

referred to as a stormwater utility. Similar to how many municipalities operate the provision of potable

water supply and wastewater collection services, the administration and management of a Stormwater

Utility allows for the development of sustainable asset management practices along with the provision

of a dedicated, sustainable funding source. The rate structure within the program is normally calculated

based on the amount of impervious surface area or runoff generating potential associated with a

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particular property. There are, however, a number of funding structures that have been implemented by

various jurisdictions.

Implementing a user fee program for funding stormwater management projects is a complex process

requiring detailed investigation into the current condition of stormwater management and the

requirements for upgrade and future development of stormwater infrastructure. There are also

technical, economic and social issues that need to be taken into account when determining the most

equitable rate structure for the program.

As part of MDPUS process, the consultant will investigate applications of stormwater user fee programs

in municipalities similar to Niagara Falls and based on the results of that investigation; provide a

summary of the opportunities and constraints associated with implementation of such a program within

the City. The consultant will also provide a recommendation in regard to the estimated effort and

appropriate tasks required to develop and implement such a user fee program in the City.

3.17 Development of the Master Drainage Plan

The MDPUS report will be a comprehensive document that provides the necessary analysis and

recommendations developed as part of the MDPUS and that fulfills the Phase 1 and Phase 2 reporting

requirements of a Class Environmental Assessment Master Plan, including public consultation and

prioritized recommendations. A digital report in WORD format will be provided to the City in draft

version for two successive reviews and edits prior to being released for the 30 day review period. The

City will require 6 hard copies of the second draft report for review by the public. After the 30 day

review is complete the consultant will address any outstanding issues and submit 2 hard copies and a

digital copy of the final report to the City. All relevant digital files including mapping, CAD, GIS, modeling

and related information shall be submitted on a DVD.

3.18 Final Report Presentation

The City of Niagara Falls will require the successful consultant to provide a presentation outlining the

results of the study to Niagara Falls Senior Staff at a regularly scheduled meeting. The proposal cost

submission should include a provisional fee to undertake additional presentations, as needed, upon the

request of the City.

3.19 Deliverables

All deliverables must be in accordance with the Municipal Class EA and Master Planning process, in

addition to the requirements as noted in this RFP. All submissions are to include 3 bound hard copies

and a digital copy.

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The list of deliverable shall include but not be limited to the following:

‣ All interim, technical and progress reports as noted in the scope of services

‣ Final Report

‣ Drawings, Mapping and Drainage Area Plans

‣ Modeling data

‣ Digital copies of all collected field data in a usable format

‣ Presentation Materials

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4. EVALUATION PROCESS

4.1 Process and Conditions

a) The proposals will be evaluated by the City based on the scoring from the Evaluation Grid

included in Appendix A for the Evaluation Criteria as stated. Any implication or interpretation or

understanding by any Bidder that Proposal submissions will be evaluated on price alone is hereby

negated.

b) The City, at its sole determination, may request meetings with Bidders following the closing date

of this RFP as stated herein and per the time schedule for any meetings (if scheduled) as stated herein.

The purpose of any meeting with any Bidder is for clarification purposes only and is not an opportunity

for any Bidder to correct, improve, add to or in any way change their Proposal submission. Any attempt

by a Bidder to change their Proposal submission during any called meeting will result in the complete

rejection of the Bidder’s Proposal submission. There is no guarantee either expressed or implied that

any Bidder will be granted a meeting with the City.

c) The City will not reveal the results of the evaluation process to any Bidder or to any person or

company. Results of the evaluation process shall be the sole, unfettered and final decision by the City

and by submitting a Proposal submission in response to this RFP the Bidder thereby agrees that the City

will not reveal any results.

4.2 Evaluation Criteria

a) The award of this proposal is not based solely on cost and will take into consideration the best

value to the City including the expectation from the City that the successful proponent for this project

will have in place a specialized team with experts in transportation planning and engineering.

b) The City will initially review all proposals received and score the proposals in relation to the noncost

criteria as noted on the Evaluation Grid. Subsequently, some proposals will be further assessed

incorporating costs before a preferred proposal is determined. The staff estimated cost for this study is

$250,000. Please note that not all the cost envelopes will necessarily be opened. Some may be

returned to the consultant(s) unopened, if initial scores, based on non-cost criteria, are such that they

preclude the consultant(s) from winning based on the evaluation criteria. An award may be made solely

on the basis of the proposal submission without requesting any clarification from the proponent.

However, one or more proponents may be invited to attend a formal presentation/interview with the

selection committee.

c) The Proponent shall prepare the Proposal submission to respond to the evaluation criteria

stated above and to respond to the requirements as stated in this RFP.

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5. SUBMISSION REQUIREMENTS

5.1 Submission Copies and Delivery Location for Submission

a) Submission Copies

Proponents must submit 4 complete sets in all respects in paper with one set marked “Original”. The

Proposal submission must include a letter stating contents of the submission on the Proponent’s

company letterhead and signed in ink by an officer of the company. The letterhead must include the

name and full address of the company and telephone, fax numbers and the E-mail address of the person

signing the letter.

b) Enclosed Envelope

Contained within the proposal submission marked “Original”, there shall be a separate, sealed

envelope containing the price submission. NOTE: the pricing submission may not be opened

depending on the proponents score after the technical review has been completed.

c) Submission Delivery Location

Proposals must be contained in a sealed envelope or package with the following information marked on

the outside of the envelope or package:

RFP40-2013: City of Niagara Falls Master Drainage Plan Update Study

And state the Name and Address of Proponent’s Company

The envelope or package must be addressed to:

Municipal Service Centre

Front Reception

3200 Stanley Avenue

Niagara Falls, Ontario L2E 6S4

Attention: Supply and Services

Proposals delivered to any other address or location other than the front reception of the Municipal

Service Centre may be rejected. DO NOT DELIVER THE PROPOSAL TO NIAGARA FALLS CITY HALL.

d) Submission Deadlines

The Proposal submission must be delivered to the above stated address

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No later than: 2:00 p.m. local time, August 9 th , 2013

The deadline for submitting questions regarding this RFP is 2:00 p.m. local time, August 2 nd , 2013

Questions received later than this stated time and date may not be acknowledged nor answered.

5.2 Submission Contents For Technical Review

The proponent shall provide a proposal submission either in text or tabular format, maximum twenty

(20) pages not including covering letter, resumes and company credentials. The minimum acceptable

font size is 12. The proposal to undertake this assignment shall include but not be limited to the

following general items:

a) The Proponent is requested to propose a work plan, which is comprehensive in addressing the

goals and objectives as stated in this Request for Proposal. The proposal must include a response in

accordance with the requirements of the evaluation grid per Section 4 of this RFP.

b) The Proponent should identify any value-added services that may be considered, but not

necessarily noted, in the Scope of Work.

c) The Proponent shall provide a clear outline, including the following general items, in a brief

letter of proposal to undertake this assignment:

‣ Understanding of the assignment as outlined herein.

‣ A detailed work plan and a project schedule which will identify all major components of

this project and their anticipated start and completion dates.

‣ A description of the consultant’s related experience and available insurance coverage.

‣ A description of the consulting team, the lead person(s) and the relevant experience and

qualifications of each individual, along with an allocation of percentage time each will

dedicate to this project within the scheduled time frame. (The individual’s hours divided

by total project hours). Note: Consultants shall not include any details of man-hours

except in the sealed cost envelope.

‣ Identification of all sub-consultants, their qualifications and experience, as well as their

specific role in this assignment.

‣ Disclosure of any perceived conflict of interest.

‣ Items/effort expected to be provided by City staff.

5.3 Technical Proposal

Proponents must describe their approach to the work required and provide sufficient detail to

demonstrate their understanding of the scope and objectives of the project and indicate major

difficulties in implementing the project requirements.

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Proponents must submit a work plan, which:

a) Is comprehensive in addressing the city requirements.

b) Incorporates any refinements to the stated requirements which the Proponent believes is

important.

c) Identifies staff time or information requirements from the city, which have not been addressed

in the RFP and a detailed description of additional/optional work that may be included along with

budget over and above requirements in the Terms of Reference.

5.4 Health and Safety Program

The consultant is required to follow a documented health and safety program to ensure safe work

environments are maintained during the execution of any components of the MDPUS. The consultant is

to detail the health and safety program that will be followed during the execution of the MDPUS.

5.5 Quality Assurance Program

The consultant is required to follow a defined quality assurance program to ensure that the expectations

of the City in regard to analysis and deliverables quality are met. The consultant is to detail the quality

assurance program that will be followed during the execution of the MDPUS including:

‣ Consultant Project Team

‣ Key Personnel

‣ Project Schedule

‣ Technical Proposal

‣ Cost Control

‣ GANTT chart schedule (weekly increments) showing the start and finish dates for the various

activities incorporated in the work plan, and the dates of all proposed meetings Also indicate

requirements for client supplied information/decisions that are required to maintain the

proposed schedule

5.6 Project Management

The consultant will outline the project management approach and methodology that will be followed

during the execution of the MDPUS.

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5.7 Proposal Cost and Man-hour Estimate

In a separate, sealed and clearly marked envelope, “Cost Estimate – Confidential”, provide the overall

project cost breakdown and include the following:

a) Fee schedule of per diem or hourly rates for each consultant staff and sub-consultant of the

project team.

b) A detailed time and cost breakdown of the workload, i.e., by staff and man-hours, for each

major task and activity, including that for sub-consultants and their activities.

c) Disbursement costs, which may include mileage, telephone charges, printing and reproductions,

fax charges, courier services, computer services, etc.

Note: For on-site inspection and contract administration, mileage shall be charged from the Niagara

Falls City Hall to the site or from the Consultant’s office to the site, whichever is closer.

d) Compliance with the City of Niagara Fall’s insurance requirements as indicated in Appendix ‘B’.

e) All costs noted should be exclusive of taxes, and then taxes should be added as a separate line

item applied upon the total project cost.

The consultants shall note that the City of Niagara Falls will consider the estimated total engineering

service fees for this project as an upset limit based on the work plan and the project duration assumed

and will not consider extra items unless prior written approval has been obtained.

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6. APPENDICES

Appendix A:

Appendix B:

Evaluation Grid

Insurance Certificates

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