Loading...
2013/07/23SPEC NiagaraJalls SPECIAL COUNCIL MEETING July 23, 2013 PRAYER: Mayor Diodati DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. REPORTS 1. BDD-2013-02 - Project Management, WEGO Transit Facility BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2013-119 A by-law to authorize the execution of an Agreement with MHPM Project Managers Inc. dated July 23, 2013, respecting the provision of project management services for the Niagara Falls Bus Maintenance and Storage Facility. ( Hand Out) 2013-120 A by-law to adopt, ratify and confirm the actions of City Council at its Special meeting held on the 23rd day of July, 2013. * * * * * NEW BUSINESS /fff� BDD-2013-02 Niagarapalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development/Transportation Services SUBJECT: BDD-2013-02 Project Management WEGO Transit Facility RECOMMENDATION 1. That the firm MHPM Project Managers Inc. be awarded the project management assignment for the construction of the WEGO Transit facility; and 2. That the Mayor and Clerk be authorized to execute the necessary documents. EXECUTIVE SUMMARY On July 9, 2013, Council authorized staff to issue a request for proposal (attached) to a short list of (3) three project management firms to undertake the balance of the project management responsibilities for the WEGO Transit facility which had commenced construction. The firms were provided with (10) ten business days to respond to the RFQ. Of the three firms invited to submit bids, two responded and MHPM was selected based on the criteria outlined in the RFP, reference checks, and costs. The fees submitted by MHPM are $134,900 including disbursements, but exclusive of HST. As construction of the facility is underway, it is imperative that the project manager is engaged in an expedient manner to ensure the City's best interests are protected. BACKGROUND The WEGO transit facility has been under construction for approximately (7) seven weeks. As construction of the project is well under way, it is in the best interests of the municipality to secure a project management firm as soon as possible to oversee the project on behalf of the City. In the last couple of weeks, on a daily basis, as construction intensifies, there has been a steady increase of technical information exchanges between the contractors, subtrades, and architects, and we require the expertise of a project manager to review the information to ensure the City's interests are protected. -2- BDD-2013-12 August 13, 2013 Due to the fact that the facility was under construction, a short list of (3) three well known respected firms were asked to submit bids within a short period of time. Copies of the two bids received will be provided for Council's information on Monday. Based on the RFP criteria, references and fees, staff selected MHPM as the preferred firm to undertake the project. From time to time throughout the project MHPM will attend Council to provide updates. FINANCIAL IMPLICATIONS The funds to cover MHPM project management fees will be covered from the Provincial and Federal WEGO allocated funds. CITY'S STRATEGIC COMMITMENT To foster economic vitality through the implementation of the VTS. Recommended b y: i;ktikt� � Serg e Felicetti, Director of Business Development i1 ( it_ rdJJ -15)f Karl Dren, Director of Transportation Services Respectfully submitted: K n Todd, Chief Administrative Officer NiagaraJarlls The Corporation of the City of Niagara Falls Request for Proposal #RFP38-2013 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility Proposal Closing: Date: July 13, 2013 Time: 2:00 PM local time Proposals must be delivered to: The Municipal Service Centre Front Reception 3200 Stanley Avenue Niagara Falls, ON L2E 6S4 Attn: Supply & Services RFP38-2013 2 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility Table of Contents Description Page Section 1: Instructions to Proponents 1 . Introduction 3 2. Request For Proposal (RFP) Definitions and Terminology 3 3. Submission Requirements 4 4. Communication 5 5. Evaluation 6 6. Specific Terms and Conditions 8 7. Proposal Preparation 10 8. Proposal Format 12 Section 2: Deliverables and Requirements 1. Introduction 15 2. General Contract Requirements 15 3. Specific Contract Requirements 16 Section 3: General Conditions 1 . Cover Page 21 2. General Conditions GC-1 to GC-14 Section 4: Appendices 1 . Cover Page Al 2. Site Map / Photo RFP38-2013 3 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility SECTION I - INSTRUCTIONS TO PROPONENTS 1. Introduction 1.1 Overview The City of Niagara Falls operates and maintains a fleet of some 27 buses in a conventional municipal transit role. Through an alliance with certain Boards of Management of Business Improvement Areas and the Niagara Parks Commission, the City also operates and maintains a fleet of some 16 buses (11 articulated and 5 standard) that service a tourist oriented transit service in the City known as the WEGO system. The WEGO system was established with the help of funds from the federal and provincial governments. Through arrangement with Metrolinx, the City also has commitments to provide shelter and storage for up to 12 buses owned and operated on the provincially owned GO transit system. The City is in the process of constructing a 104,285 square feet building that is to serve as a maintenance and storage facility for the fleet of buses that are required to provide the transit, WEGO and GO services that the City is committed to provide. 1.2 Project Summary and Scope of Work The project is already underway. An architect (IBI Group Canada Inc.) and contractor (Aquicon Construction Co. Ltd.) have been retained. Due to unforeseen circumstance, the Project Supervisor retained by the City in connection with this project will not be continuing in that role. The City is seeking to retain a replacement Project Superviser to oversee the project through to completion. It is anticipated that the successful Proponent will take management oversight and be responsible for: (General description only - not a detailed list) - the remaining development of the selected site - provision of all required testing services for land development - provision of all applicable permits - supervision of all site activities during the construction phase and up to final completion - supervision of resolving the resolution of deficiency and warranty claims - commissioning of the building such that City Staff understand how to operate the building and associated systems Note: The selection of any and all professional services, contractors and any other services and all materials and equipment, furniture and all other site deliverables must be undertaken in accordance with the City's Supply and Service Policy for such procurement. 2. Request For Proposal (RFP) Definitions and Terminology The following terms will apply to this Request for Proposal and to any subsequent Contract. Submission of a proposal in response to this Request for Proposal indicates acceptance of RFP38-2013 4 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility all the following terms. 2.1 Request for Proposal Definition An RFP defines the situation or objective for which the goods and/or services are required, how they are expected to be used and/or problems that they are expected to address. Proponents are invited to propose solutions that will result in the satisfaction of the City's objectives in a cost effective manner. The proposed solutions are evaluated against a predetermined set of criteria of which price may not be the primary consideration. 2.2 Request for Proposal Terminology Throughout this Request for Proposal, terminology is used as follows: (a) "City" means the Corporation of the City of Niagara Falls; (b) "Contract" means the written agreement resulting from this Request for Proposal executed by the City and the successful Project Supervision Company; (c) "must', "mandatory" or"required" means a requirement that must be met in order for a proposal to receive consideration; (d) "Proponent" means an individual or a company that submits, or intends to submit, a proposal in response to this "Request for Proposal"; (e) "should" or "desirable" means a requirement having a significant degree of importance to the objectives of the Request for Proposal; and (f) "Successful Proponent' means the successful Project Supervision Company that has been selected as a result of this Request for Proposal who enters into a written Contract with the City. 3. Submission Requirements 3.1 Closing Date Five (5) complete copies of each proposal (with one marked as "original") must be received by 2:00 p.m., local time, on Thursday, July 11, 2013, at: The Supply and Services Section Front Reception The Municipal Service Centre 3200 Stanley Avenue, Niagara Falls, ON L2E 6S4 RFP38-2013 5 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility Proposals will not be accepted by facsimile or e-mail. Proposals must be presented on the Proponent's company letterhead and must be included in a sealed envelope or package which is to be addressed to the above mentioned location and must be clearly marked as to contents with the name and address of the Proponent, the Request for Proposal number and the project name or title. 3.2 Late Submissions Late proposals will not be accepted and will be returned by courier or by Canada Post. collect, to the Proponent. 4. Communication 4.1 Questions and Inquiries There is no Proponent's meeting for this RFP. Communications concerning this RFP should be directed in writing to Mr. Karl Dren Director of Transportation Services Transportation Services 4320 Bridge Street Niagara Falls, ON L2E 2R7 Phone: 905-356-7521 ext. 4509 Fax: 905-353-0651 E-mail: kdren(t�niagarafalls.ca Clarifications requested by the Proponents must be in writing, delivered by hand, by facsimile, or by email and received not less than two (2) days prior to the closing date. Any oral statements or instructions shall not be binding. 4.2 Addenda Any change or clarification issued by the City will be in the form of an Addendum. All Proponents must acknowledge receipt of all Addenda by attaching same to their proposal submission. The City assumes no responsibility for any information obtained by means other than as described in this RFP. 4.3 Submission Opening Proponents are advised that there will not be a public opening for this Request for Proposal. Proposals received by the date and time of closing, will be opened administratively by specific Staff members of the City at a time shortly after the stated closing date and time. Following the opening of the proposals received, only the names of Proponents submitting a response to the RFP shall be made available. RFP38-2013 6 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility 5. Evaluation Evaluation of proposals will be made by an Evaluation Committee formed by the City. 5.1 Proposal Format Proponents must conform to the instructions given regarding proposal preparation and submission as outlined herein, and all additional information requested must be completed for consideration in the evaluation. The following format and sequence should be followed in order to provide consistency in Proponent responses and to ensure your proposal receives full consideration. All pages should be consecutively numbered. (a) Title Page, showing Request for Proposal number and Proponent's name; (b) Table of Contents including page numbers; (c) A brief (one or two pages) summary of the key features of the proposal; (d) The body of the Proponent's proposal submission must contain a comprehensive response to all requirements as contained in this RFP, including all pricing details; and (e) Any additional information. 5.2 Evaluation and Selection The evaluation committee will review proposals against the mandatory criteria. Proposals not meeting all mandatory criteria will be rejected without further consideration. Proposals that meet all the mandatory criteria will then be assessed and scored against the evaluation criteria. 5.3 Mandatory Criteria The following are mandatory requirements. Proposals not including these mandatory requirements will receive no further consideration during the evaluation process: (a) Compliant response per the requirements of section 5.1 above; (b) Total and detailed pricing of services provided; (c) Stating of references and details for the successful completion of similar projects, (d) List of all staff who will be working on this project. State education and relevant experience and qualifications of all supervisory staff assigned to this project; RFP38-2013 7 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility (e) Statement of response times following execution of the Contract with the City for commencement of work and all major milestones of the project up to substantial completion; and (f) State bidding (tendering) policies and procedures to be used to select professional firms, general and subcontractors and to obtain all goods and services. 5.4 Pricing Details Proposals must include total pricing (including taxes and all other costs) and detailed pricing (exclusive of taxes) for the deliverables as stated in this RFP document. Refer to Section 2. 5.5 Evaluation Criteria The following evaluation criteria outline the areas of importance that will be considered in the Contract award. Proposal submissions should be submitted that satisfy all criteria stated. Criteria Description Points 1 Completeness of Submissions will be evaluated based on the 10 submission and overall layout and ease of understanding, compliance to level of compliance to the requirements and requirements and specifications of the RFP and presentation, presentation to if requested by the evaluation team. evaluation team (if requested) 2 Competence and Proponents must provide full and complete 15 experience of staff details of the education, experience, past projects and years of related experience and applicable certifications for all supervisory staff who will be assigned to this project. RFP38-2013 8 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility 3 Comprehensive Work The Proponent's submission must include a 20 Plan comprehensive work plan that provides a systematic breakdown, including a critical date analysis, for all phases of the work from Contract commencement to substantial completion. State also the bidding process and procedures to be used to select professional firms, general and subcontractors and all other goods and services. Refer to Section 1 (b) above. 4 Fees Proponents must provide a total cost and a 30 detailed cost analysis per section 5.4 above. 5 Proponent's Previous Proponents must provide references of 20 Experience successful previous company experience for similar sized projects. Refer to attached Schedule "A". 6 Value Added Services Proponents are invited to include in their 5 submissions any value added benefits for the City and may propose any added services to the requirements of this RFP Total Points 100 5.6 Short List The evaluation procedure may include the selection of a short list of Proponents based on the stated criteria. The short listed Proponents may be asked to make a presentation to the evaluation team and/or provide the evaluation team with any supportive documentation requested by the evaluation team prior to the final selection. 6. Specific Terms and Conditions 6.1 Acceptance of Proposals 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 of any proposal will not necessarily be accepted. In no event will the City be responsible for the costs of the preparation or the submission of a proposal from any Proponent. Proposals which contain conditions or otherwise fail to conform to the Instructions to Proponents may be disqualified or rejected. The City may, however, in its sole discretion, RFP38-2013 9 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility rejector retain for its consideration proposals which are nonconforming because they do not contain the content or form required by the Instructions to Proponents or for failure to comply with the process for submission set out in these Instructions to Proponents. 6.2 Joint or Partner Organizations Proponents must clearly identify any joint or partner firms that they propose will be assisting the prime Proponent, in any way, in fulfilling its obligations as described in this RFP. Each joint or partner firm named must be stated by name, address, contact person, phone number(s) and the service provided to the Proponent. Partnering or joint operations with any firm or individual(s) whose current or past corporate or other interests may, in the City's opinion, give rise to a conflict of interest in connection with this project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Request for Proposal. 6.3 Definition of Contract The full execution of a written contract will constitute a contract for the work and services as detailed in this Request for Proposal, and no Proponent will acquire any legal or equitable rights or privileges relative to the said services until the execution of the Contract by both the successful Proponent and the City has been completed. 6.4 Liability for Errors While the City has used considerable efforts to ensure an accurate representation of information in this Request for Proposal. the information contained in this Request for Proposal is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve Proponents from forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal. 6.5 Agreement with Terms By submitting a proposal, the Proponent agrees to all the terms and conditions of this Request for Proposal. Proponents who have obtained the Request for Proposal and/or any addendums electronically must not alter any portion of these documents. To do so will invalidate the proposal and the Proponent's delivered submission will be rejected. 6.6 Modification of Terms and Addendums The City reserves the right to modify the terms of the Request for Proposal. Any modifications or changes to the RFP will be issued in the form of an addendum and will be sent to all Proponents who have picked up or have requested a copy of the RFP from the City. The RFP and any addendums will also be posted on the City's Bid Opportunities Web RFP38-2013 10 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility Site. 6.7 Ownership of Proposals and Freedom of Information All documents, including proposals submitted to the City, shall become the property of the City and are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56. 6.8 Use of Request for Proposal This document or any portion thereof, may not be used for any purpose other than the submission of proposals. 6.9 Confidentiality of Information Information pertaining to the City obtained by the Proponent as a result of participation in this project is confidential and must not be disclosed without written authorization from the City. 6.10 Delay in the Execution of Contract Agreement If the Contract Agreement cannot be executed within thirty (30) days of award notification to the designated successful Proponent, the City may, at its sole discretion, terminate Contract execution activities with the said Proponent and seek appropriate legal remedies. The City also may either commence Contract arrangements with the next qualified Proponent or choose to terminate the proposal process for reasons that provide the best value for and are in the best interests of the City. 7. Proposal Preparation 7.1 Signed Proposals Proposals must be completed on the Proponent's company letterhead and signed by the person(s) authorized to sign on behalf of the Proponent and are authorized to bind the Proponent to statements made in response to this Request for Proposal. 7.2 Alternative Solutions If alternative solutions are offered, please submit the information in the same format, as a separate proposal. 7.3 Irrevocability of Proposals By submission of a clear and detailed written notice, Proponents may amend or withdraw their proposal prior to the closing date and time. Upon closing time, all proposals become RFP38-2013 11 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility irrevocable. By submission of a proposal, the Proponent agrees that should its proposal be deemed successful, the Proponent would enter into a Contract with the City. 7.4 Changes to Proposal Wording The Proponent will not change the wording of its proposal after closing. 7.5 Working Language of the City The working language of the City is English and all responses to this Request for Proposal must be in English. 7.6 Proponent's Expenses Proponents 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, the City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 7.7 Limitation and Waiver of Damages Further to the preceding paragraph, the Proponent, 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 Proponent, by submitting a proposal, also waives any claim for loss of profits if no agreement is made between the Proponent and the City. 7.8 Acceptance of Proposal Proposals must be firm for acceptance at least 90 days after the closing date. Prices submitted will remain firm for the term of any resulting Contract. The City will pay no additional charges unless specified in the proposal submission. 7.9 Currency and Taxes Prices submitted are to be: (a) in Canadian dollars; (b) for the complete cost of all services as itemized; and (c) exclusive of Harmonzied Sales Tax. RFP38-2013 12 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility 7.10 Completeness of Proposal By submission of a proposal, the Proponent warrants that all components required to provide all work and services as stated in this RFP have been identified in the Proponent's proposal and will be provided by the successful Proponent. 8. Proposal Format 8.1 General Description The City is seeking proposals from Proponents who are both interested and capable of undertaking the project as described herein. The onus is on the Proponent to show their knowledge, understanding and capacity to conduct the work outlined in this Request for Proposal. The responses will be assessed according to how well they assure the City of success in relation to the submission requirements. The detail and clarity of the written submission will be considered indicative of the Proponent's expertise and competence. Proponent's must provide the following minimum information. 8.2 Part 1: Overview Provide: (a) A narrative demonstrating the firm's understanding of the full scope of services, (b) Confirmation of the firm's services responding to the required scope of services, and (c) Confirm commitment to complete project from conception through completion should unforeseen delays arise throughout the project. 8.3 Part 2: Work Program Provide approach and methodology to be pursued for the provision of the services identified in the RFP. 8.4 Part 3: Organization Provide: (a) The Proponent's organization 1. Description of your firm and the type of services offered; 2. Ownership; 3. Organization and management structure; and RFP38-2013 13 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility 4. Confirmation that the firm is neither a design firm nor a construction contractor (construction manager, general contractor or trade contractor); (b) Experience Provide a table of comparable projects, involving the provision of project management services for projects of a similar size and type. Include in the table at least the following information: 1. Project name; 2. Client name; 3. Project description; 4. Project value; 5. Client reference (name, title and phone number); and 6. Demonstration of capability, capacity and experience of the project management firm in providing service to comparable projects; (c) Project Team 1 . Identify the support project team proposed for City assignment; 2. For each member of the project team, confirm the individual is a fulltime, permanent employee of the Proponent: 3. Describe the organization of the project team and how the team fits within the existing structure of the firm; 4. Demonstrate the experience and capability of the members of the project team; and 5. Provide resumes for all members of the project team clearly indicating that the personnel have a minimum of five (5) years experience(except Project Manager- refer to (d)1 below), in the provision of the Scope of Services; identification of the personnel's educational qualifications, professional affiliations, years of experience in the field, and the number of years with the firm; (d) Designated Project Manager 1. Provide resume of the Project Manager, clearly indicating that the individual has a minimum of ten (10) years experience in the provision of the deliverables and requirements; identification of the Project Manager's educational qualifications, RFP38-2013 14 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility professional affiliations, years of experience in the field, and the number of years with the firm; 2. Confirmation of the individual that will serve as the Designated Project Manager for the duration of the project assignment and indicate if the designated Project Manager is a Project Management Professional (PMP) as recognized by the Project Management Institute; and 3. Professional references for the Designated Project Manager proposed for the project. 8.5 Part 4: Quality Control Provide: (a) Evidence of a formal corporate quality management system; (b) Confirm the registration of the firm's quality management system and provide copy of Certificate of Registration; (c) Describe the procedures that are used to monitor customer satisfaction to evidence satisfaction of the performance obligations of your quality management system; (d) Name the Quality Assurance Manager, if available: and (e) Indicate the methodologies the Project Supervisor will employ to obtain quality assurance and quality control in the delivery of services by the project consultants. the project contractor, and the Project Supervisor itself. 8.6 Part 5: Workplace Safety Consistent with the City's efforts to make health, safety, and respect for the environment the core of our programs and services, the Proponent shall provide the following: (a) Evidence of registration and good standing with the Workplace Safety and Insurance Board (WSIB); (b) A current copy of the Proponent's Account Rate Profile from the WSIB, documenting the Proponent's workplace injury frequency and comparative industry averages; and (c) Evidence of the Proponents Corporate Health and Safety Policy, and the measures taken to ensure its effective implementation within the work environment. 8.7 Part 6: Statement of Prices Provide a total price including taxes and itemized prices(taxes extra) to provide the Project RFP38-2013 15 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility Supervisory Services described in subsection 5.4 above and section 2 below. SECTION 2: DELIVERABLES AND REQUIREMENTS 1. Introduction The responsibility of the Project Supervision Team (the successful Proponent) and the description of the project mandate are detailed below. 2. General Contract Requirements of the Successful Proponent Construction Administration (a) General Overview: Provide complete construction supervision services, overseeing and supervising all aspects of the supply of construction services by the successful contractors and subcontractors and the receipt and approvals for all goods. equipment, materials, furniture and all other deliverables to the work site and provide all other necessary supervisory tasks to complete the entire project to the entire satisfaction of the City; (b) Provide daily, weekly or monthly construction status reports to the City's Project Leader for consultation and approval of all stages of the construction project up to and including final completion and acceptance by the City; (c) Establish a process in which contractors, subcontractors, suppliers and the selected architect are to be monitored/managed to meet all quality requirements, to meet a timeframe for completion and to meet the stated budgetary requirements to the complete satisfaction of the City: (d) Provide overall coordination, general direction and inspection for all contractors, subcontractors and any service companies working on the job site; (e) Ensure all health and safety requirements as called for (a) in the successful Proponent's health and safety manual; and (b) under all provisions of the Occupational Health and Safety Act, are undertaken and complied with if full accordance with these documents; (f) Monitor the overall quality of all construction works and all materials and equipment and other goods delivered to the work site; (g) Certify completion of various stages of construction, and review and recommend to the City's Project Leader, for approval, all progress payments to the successful Project Supervision Team. The City will only be responsible for payments to the successful Project Supervision Team. This company must contract with and make payments directly to the architect, all contractors and all suppliers for all work and the supply of all goods and services. The City will not accept nor pay for any work RFP38-2013 16 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility or supply of goods or services by any other company to whom the successful Proponent has contracted the said work or the supply of goods or services; (h) Arrange and certify all required inspections and testing requirements; (i) Prepare a final report for approval by the City; (j) Participate, as required, in post construction warranty and contractor follow-up; (k) Attend meetings of City Council to brief Council, as required; (I) Attend meetings with City Staff, as required; (m) Return all documentation pertaining to the project that has been requested by the City's Project Leader to the City, upon completion of the project. 3. Specific Contract Requirements of the Successful Proponent 3.1 Project Supervisory Services The City views project supervision as the comprehensive oversight and control, under the direction of the City's Project Leader, of all aspects of the project throughout all phases of its life cycle to achieve prescribed objectives defined in terms of time, quality and cost Through the application of appropriate management techniques. the successful Proponent will direct and coordinate the efforts of the Proponent's project team to achieve the objectives of the project to meet the City's requirements. 3.2 Proponent's Designated Project Manager The Proponent shall identify, within its proposal submission, an individual who shall be the Project Manager from the project commencement through completion. The successful Proponent's Project Manager shall be responsible for all aspects of the project under the direction of the City's Project Leader. The successful Proponent's Project Manager and not subordinate staff, shall at all times be directly responsible for the oversight of the project in strict compliance with the terms and conditions of the Contract between the City and the successful Proponent. The successful Proponent's Project Manager shall be responsible for attending and chairing meetings of the project team for the duration of the project. The successful Proponent's selected Project Manager shall not be replaced without the prior written consent of the City's Project Leader. 3.3 Scope of Project Supervisory Services The following is the scope of Project Supervisory Services the successful Proponent is expected to provide: (a) General Responsibilities: RFP38-2013 17 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility 1. Define the requirements of the project, including scope, quality and overall budget and schedule of work; 2. Be the designated Project Supervisor (i.e., the main contact for the project); 3. Establish a protocol, as approved by the City's Project Leader, for all communication issues throughout the project between the successful Proponent and its contractors and subcontractors; 4. Prepare project policies and procedures to be distributed to all team members; 5. Visit the selected site, review and record existing site conditions; 6. Review all agreements with the City's Project Leader and ensure that all commitments regarding the site conditions are satisfied; 7. Advise and assist the City's Project Leader in respect of the approval process with statutory authorities and the procurement of requisite permits (as or if required); 8. Structure the project into manageable sub-entities; 9. Pre-qualify, recommend, select and negotiate contracts with consultants, contractors and suppliers; 10. Manage the design for conformity with the agreed project requirements and budget, and administer design changes; 11 . Suggest alternatives, evaluate them, and obtain approval from the City's Project Leader so as to best meet these needs in terms of scope, time, quality and cost; 12. Identify and document dates when user requirements and decisions or approval by the City's Project Leader are required and advise them of the effect on the project of delayed decisions or approvals; 13. Identify the impact (time, quality, cost) of any proposed changes, so that the City may make well informed decisions whether or not to proceed with the proposed changes; 14. Chair regular project meetings with contractors and provide minutes; 15. Arrange and coordinate the procurement, expediting and quality control of all required materials, equipment and services, including those (if any) supplied by the City; 16. All procurement shall be in accordance with the City's Supply and Services policy; RFP38-2013 18 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility 17. Manage construction implementation for conformity with the approved design, including detailed scheduling and coordination, management of inspection, administration of construction changes, approvals of progress claims, completion certificates, management of deficiency and warranty work, commissioning, operating manuals and record documentation; 18. Provide an onsite presence during all construction and all other site activities; 19. Conduct "walk through" and issue a final deficiency report following substantial completion; 20. Ensure all deficiencies, as agreed and directed by the City's Project Leader, have been corrected to the entire satisfaction of the City prior to final completion and acceptance; 21 . Assist the City in all requested start-up and or operating procedures such that City Staff are reasonably capable of operating the completed building and associated systems; and 22. Oversee and complete all warranty and deficiency issues with contractors after the project is commissioned; (b) Management of construction and related tasks; 1 . Facilitate the Building Permit application process; 2. Arrange and chair pre-tender site meeting(s) with contractors; 3. Coordinate the resolution of questions that arise during the tender period and issue addenda as required, 4. Attend tender opening, prepare tender analysis, assemble and distribute results: 5. Review project budget and timeline objectives; 6. Issue construction contract documents (as properly executed) to successful bidders; 7. Ensure that insurance, WSIB clearance and Ministry of Labour forms are received; 8. Arrange and chair preconstruction meetings with all contractors and all other required parties including the architect and the City's Project Leader (if required); 9. Monitor the project budget and timeline throughout construction; RFP38-2013 19 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility 10. Coordinate the review of all architectural shop drawings, specification and details as prepared by subtrades; 11. Coordinate the review of mechanical and electrical shop drawings as submitted by subtrades; 12. Arrange and attend regular construction site meetings to monitor construction and ensure that all issues are addressed promptly; 13. Manage all changes to the Scope of Project through the Change Notice/Change Order process, review and approve submitted costs and track against both approved project budget and timeline; 14. Establish construction quality assurance programs; 15. Carry out interim site inspections and report as necessary; 16. Coordinate the installation of all required equipment, materials, fixtures, furniture and all other deliverables and services as approved by the City's Project Leader; 17. Receive contractor's applications for payment; carry out site review; and process payment certificates for approval and payment; 18 Upon Substantial Completion. in association with the architect and selected engineers, prepare a detailed deficiency list, and ensure that deficiencies are completed in a timely manner; 19. Administer the Certificate of Substantial Completion following approval by the City's Project Leader and ensure Certificate is published; 20. Facilitate final municipal approvals and inspections, including procurement of an Occupancy Permit; 21. Assemble and review all necessary project close-out information: statutory declarations, warranties, as-built drawings, manuals etc.; and 22. Advise on timing of final payment and release of holdback monies; (c) Post construction follow-up 1. Conduct a preliminary site and facility inspection with the City's Project Leader identifying deficiencies and the issuance of a deficiency report for immediate follow up; 2. Conduct a final walk though with the City's Project Leader for approval of all corrected items as identified on the deficiency report; RFP38-2013 20 Project Supervision Services for the Niagara Falls Bus Maintenance and Storage Facility 3. Conduct an orientation on mechanical and electrical and all other required procedures for Staff once the facility is open and operational; 4. Assist in obtaining whatever training is required to ensure that City Staff are reasonably capable of operating the completed and associated systems; and 5. Transfer all drawings and documentation to the City. CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to adopt, ratify and confirm the actions of City Council at its Special meeting held on the 23`d day of July, 2013. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its Special meeting held on the 23`d day ofJuly,2013 including all motions,resolutions and other actions taken by the Council at its said meeting,are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council,then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby,or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty-third day of July 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 23, 2013 Second Reading: July 23, 2013 Third Reading: July 23, 2013