job classification structure and job description … classification structure and job description...

MAY 27, 2015

TOWN OF OKOTOKS REQUEST FOR PROPOSAL (RFP)

Job Classification Structure and

Job Description Review

TOWN OF OKOTOKS REQUEST FOR PROPOSAL Job Classification Structure and Job Description Review

TABLE OF CONTENTS

TOWN OF OKOTOKS 6/5/2015

PART A: SUMMARY & BACKGROUND Pages 3 - 4

PART B: PROPOSAL GUIDELINES Pages 6 - 9

1. Proposal Submission 6 2. Inquiries & Clarifications 6 3. Proposal Format 7 4. Proposed Methodology & Work Plan 7 5. Company Profile 8 6. Project Team Experience 8 7. Town Assistance 8 8. Risk Assessment 8 9. References 8 10. Schedule of Costs & Work Schedule 8 11. Additional Services 9 12. Named Sub-Contractors 9 13. Conflict of Interest 9 14. Alternatives and/or Variations to Proposal 9

PART C: PROJECT SCOPE Pages 10 - 12

1. Project Description 10 2. Scope of Work 10

PART D: PROJECT TIMELINE & COST Page 12

PART E: CONSULTANT QUALIFICATIONS Page 13

PART F: EVALUTION OF PROPOSALS Pages 14 - 15

1. Evaluation Criteria 14 2. Additional Evaluation Requirements 15 3. Selection Process & Timeline and Award of Contract 15

PART G: PROPOSAL - GENERAL CONDITIONS Pages 16 - 17

1. Acceptance & Rejection of Proposals 16 2. Conflict of Interest 16 3. Freedom of Information and Protection of Privacy Act 17 4. Confidentiality 17 5. Advertising 17 6. Special Conditions 17

TOWN OF OKOTOKS REQUEST FOR PROPOSAL Job Classification Structure and Job Description Review

TABLE OF CONTENTS


PART H: CONTRACT DETAILS Pages 18 - 22

1. Conduct of Contract 18 2. Contract Requirements 18 3. Notices 18 4. Sub-Contractors 18 5. Independent Contractor 18 6. Assignment 19 7. Time of the Essence 19 8. Laws, Permits & Regulations 19 9. Changes in Service 19 10. Inspection 19 11. Quality of Workmanship 20 12. Warranty 20 13. Indemnification 20 14. Workers’ Compensation 20 15. Insurance Requirements 21 16. Termination 22 17. Payments 22 18. Non-Resident Withholding Tax 22

SCHEDULE A: PROPOSAL FORM

SCHEDULE B: SUB-CONTRACTORS

TOWN OF OKOTOKS REQUEST FOR PROPOSAL

Job Classification & Job Description Review

SECTION A – PROJECT SUMMARY & BACKGROUND


A. SUMMARY & BACKGROUND

1. SUMMARY

A new job classification system, including job description design and updated job descriptions is required that align with the new organizational structure and follow best practices. The system would also improve internal alignment, appropriately reflect the roles and responsibilities of each position and align within each level and category to the system hierarchy.

Two major components are required:

Develop a classification structure that follows best practices and reflects the Town’s current and future needs. The structure should include clear definitions of terms, the development of job families, job title review, and career ladders for each job family.

A comprehensive job description design, review and update is also required for all permanent full time and part time positions (total 120) as well as the regular seasonal and casual positions (10).

2. BACKGROUND

The Town of Okotoks is a young, vibrant and friendly community nestled along the Sheep River Valley in the heart of the foothills in Alberta, Canada with a population of approximately 28,000. The Town is situated only 18 kilometers south of Calgary’s city limits. Okotoks is the second youngest mid-sized urban centre in Canada and the youngest community in Alberta with access to many relatively new amenities. The Town of Okotoks has experienced high growth over the last decade with approximately 60% population growth since 2006. This growth trend is predicted to continue in the next decade. Preparing for this continued growth is a major focus for the Town of Okotoks for the community and the Corporation. Ensuring that effective systems are in place is a priority for Human Resources. The high quality and

value of services delivered in Okotoks comes directly from over 200 Town employees. They provide a foundation of strength that is critical to preserving and enhancing the qualities that make Okotoks a special place to live.

An organizational design review to realign and positon the Corporation for future growth, continued long term success and effectiveness was completed in September 2014. The new organizational design focused on the functions and management structure and identified several new positions that have since been hired. The Town’s organizational chart can be accessed at http://www.okotoks.ca/careers/working-town

The next step is to review and renew the Town’s current job classification system as the current system was developed many years ago.

http://www.okotoks.ca/careers/working-town

TOWN OF OKOTOKS REQUEST FOR PROPOSAL Job Classification & Job Description Review

SECTION B – PROPOSAL GUIDELINES


B. PROPOSAL GUIDELINES

1. PROPOSAL SUBMISSION

a) The Proponent shall submit three (3) copies of its Proposal with all accompanying schedules, appendices or addenda in a sealed envelope or package marked with the Proponent’s name and the RFP title to the following address:

Town of Okotoks Attention: Nancy Weigel, Corporate & Strategic Services Director PO Box 20, Station Main 5 Elizabeth Street Okotoks, Alberta T1S 1K1

b) Proposals will be accepted up to the Closing Time: 12:00 Noon Mountain Standard Time,

Thursday June 18, 2015.

c) Proposals delivered by courier will be received at the main reception desk at the Town of Okotoks Municipal Centre, up until the above stated Closing Time.

d) Date and time of receipt will be recorded on the front of all proposals received.

e) The time of the closing shall be established by the time shown on the clocks used by the Town of

Okotoks.

f) Proposals received after the Closing Time or in locations other than the address indicated, will not

be accepted and will be returned. The Town may elect to extend the Closing Time.

g) Proposals received via fax or email will not be accepted.

h) Amendments to a Proposal may be submitted if delivered in writing prior to the Closing Time in a sealed envelope or package, marked with the Proponent’s name and the RFP title.

i) Proposals may be withdrawn by written notice only, provided such notice is received at the Town

of Okotoks Municipal Centre prior to Closing Time.

j) All costs associated with the preparation and submission of the Proposal, including any costs incurred by the Proponent after the Closing Time, will be borne solely by the Proponent.

2. INQUIRIES & CLARIFICATIONS

a) It is the responsibility of the Proponent to thoroughly examine these documents and satisfy itself

as to the full requirements of this RFP. Inquiries are to be in written form only and e-mailed to:

Nancy Weigel, Corporate & Strategic Services Director [email protected]

If required, an addendum will be issued to all Proponents.

mailto:[email protected]




3. PROPOSAL FORMAT

a) Proponents are required to complete all forms included herein and attach any additional appendices that may be required. Proposals should be arranged as follows:

Title Page: The title page shall include the RFP title, Closing Time and Date, Proponent name, address, telephone number and the name and title of the Proponent contact person.

Table of Contents: Page numbers should be indicated.

Executive Summary: A short summary of the key features of the Proposal demonstrating the Proponent’s understanding of the scope of the services required.

Proposal Form: The Proponent shall complete the Proposal Form included in this RFP in accordance with the instructions given thereon.

b) Proposals beyond sufficiency to present a complete and effective response are not required and

unless specifically requested, the inclusion of corporate brochures and narratives are discouraged.

4. PROPOSED METHODOLOGY & WORK PLAN

a) Outline activities the Proponent plans to undertake in order to see the project through from project

launch through to successful conclusion. Identify various phases of work and the proposed methodology, including:

The proposed method, approach, tools or frameworks utilized for achieving the deliverables specified.

b) Describe, in comprehensive detail, the work plan outlining planning, analysing, communications and methodology to perform the services required. The work plan should include the following:

Project Start-up and Management

Background and Research

Planning, Consultation, Data Gathering and Analysis

Change Management

Report and Communications

Approach to becoming familiar with the Town’s organizational structure, culture, services and functions, job classification and job description philosophies and structure.

Discuss standards for excellent customer service delivery.

Discuss experience and approach to Project Management and briefly describe a project planning process that has worked for you in the past.

5. COMPANY PROFILE

a) Insert a brief description of Proponent’s company, purpose, and history of successes.

b) State the size of the firm, number of partners and staff employed.




c) If the Proponent is a joint venture or consortium, give details of each firm and identify the firm that will act as the principal Service Provider.

6. PROJECT TEAM EXPERIENCE

a) Describe relevant experience performed during the last ten (10) years.

b) Identify key personnel to be assigned to this Project, setting out their names, responsibilities,

qualifications, and relevant experience. For the project lead that will be assigned to this contract, provide any specific related experience. Personnel identified within Proposal must be the same personnel assigned to fulfilment of Contract.

7. TOWN ASSISTANCE

a) Describe any special assistance, staff time or facilities that will be requested from the Town.

8. RISK ASSESSMENT

a) Describe your firm’s approach to risk assessment (e.g. staff backup plan and other risks).

9. REFERENCES

a) Provide a minimum of two (2) similar projects that the Proponent has completed within the last ten

years. Indicate the name, phone number and email address of the principal client contact.

Note: By submitting a Proposal, the Proponent agrees that the Town may contact these references at its discretion. In addition, the Town may also contact any other organization for the purposes of evaluating the Proponent’s company and Proposal.

10. SCHEDULE OF COSTS & WORK SCHEDULE

a) Please indicate the entire proposed work schedule from project commencement through to

completion, including:

Milestones and timelines.

Level of staff and number of hours required to complete each portion of the project.

State the total all-inclusive fee which shall include any out of pocket expenses for the provision of services for the entire project but exclusive of GST.




b) The table below is only an example of how the calculation of the all-inclusive service fee could be determined. Any formula is acceptable however please illustrate the calculation used to determine the total all-inclusive fee. State the total all-inclusive fee which shall include any out of pocket expenses

Staff No. of Hours Rates Total

e.g. Name, Job Title 400 $100 $4,000

Out of Pocket Expenses (state types):

TOTAL:

11. ADDITIONAL SERVICES

a) The Town may have a need to consult on an informal basis with the Service Provider over related issues. Describe the approach to accommodate this type of consultation, particularly with respect to the manner for which the consultations will be charged.

12. NAMED SUB-CONTRACTORS

a) The Proponent agrees that the sub-contractors shown in its Proposal are the sub-contractors that

it proposes to use to carry out the Services. The Proponent agrees to engage the listed sub-contractors and no others in its stead without prior written authorization of the Town. Please list aby sub-contractors and their project roles in Appendix 3

13. CONFLICT OF INTEREST

a) Describe any issues which may be perceived as conflicts of interest and how, if a conflict arose

during the Contract term, the situation would be resolved.

14. ALTERNATES AND/OR VARIATIONS TO PROPOSAL

a) Except where stated otherwise herein, the specifications describe what is considered necessary to meet the performance requirements of the Town and Proponents should bid in accordance with such specifications.

b) If the Proponent cannot meet the specifications, the Proponent may offer an alternative which

they believe to be the equivalent.

c) Proponents shall clearly indicate any alternatives or variations from the Town’s specifications or conditions no matter how slight.

d) Any deviation from the Requirements or the conditions specified in this RFP must be clearly

stated in the Proponent’s Proposal. The Town will be the sole judge as to what constitutes an acceptable deviation. If no deviations are indicated in the Proponent’s Proposal, the Town will be entitled to interpret that the Proponent offers to perform in full compliance of the Requirements and conditions stated herein.


SECTION D – PROJECT TIMELINE &COST


C. PROJECT SCOPE

1. PROJECT DESCRIPTION

a) A new job classification system, including job description design and updated job descriptions is required that align with the new organizational structure and follow best practices. The system would also improve internal alignment, appropriately reflect the roles and responsibilities of each position and align within each level and category to the system hierarchy.

b) Two major components are required:

o Develop a classification structure that follows best practices and reflects the Town’s current and future needs. The structure should include clear definitions of terms, the development of job families, job title review, and career ladders for each job family.

o A comprehensive job description design, review and update is also required for all permanent full time and part time positions (total 120) as well as the regular seasonal and casual positions (10).

2. SCOPE OF WORK

a) Respondents to this RFP may use the following information as a baseline, however are also

encouraged to expand to include any important components based on project understanding and past experience.

b) The job classification system should include the following:

A structure that contains job families and job titles, complete with definitions and other requirements to provide a robust structure where future positons can easily be inserted to maintain the structure.

A structure that includes all current levels, functions and jobs, including those identified in the organizational design and workforce planning exercise which is estimated to be approximately 135 positions.

An implementation plan.

c) The job description component should include the following:

Provide clear roles and responsibilities to increase clarity and provide the ability for accountability and evaluation.

Follow best practices and be strategic in approach, designed to provide clarity and meet other human resource information needs.

A design that provides structure and consistency, yet remain adaptive when necessary.

d) The development of the job classification and job description systems will require a scan of other

local government frameworks, while considering both regional and local context.

e) Research should include conducting interviews with all employees in single position classifications, a representative sample of employees in multiple positon classifications, and appropriate supervisory staff to validate the information.

f) A communications plan for each phase of the project.


SECTION D – PROJECT TIMELINE &COST


D. PROJECT TIMELINE & COST

1. PROJECT TIMELINE

a) The Contract will be for a maximum of (6) seven months for the completion of the project.

b) A tentative schedule is defined below.

Milestone Event Date

Submit Proposal June 18, 2015

Project Awarded June 25, 2015

Project Start Date June 25, 2015

Classification System By September 1, 2015

Job Description Design By September 30, 2015

Revised Job Descriptions By November 15, 2015

Final Report By December 14, 2015

2. SCHEDULE OF COSTS / INVOICING

a) The total cost of the Project shall not exceed $50,000.

b) Prices quoted will be exclusive of all taxes and will include all other costs as applicable.


SECTION E – CONSULTANT QUALIFICATIONS


E. CONSULTANT QUALIFICATIONS

1. MANDATORY REQUIREMENTS

a) Proponents are required to have, and demonstrate, the capacity, reputation and experience with developing classifications and job description systems within the public sector and/or local government.

b) Proponents MUST meet all requirements set out below:

Proponent’s key personnel must have advanced knowledge of job classification systems, job analysis and job description writing with strong professional human resource experience.

Proponent must have the staffing and capability to perform the requirements outlined within this RFP.

Proponent’s service team must have the qualifications and experience to perform all the services.

Proponent’s to have completed a minimum of two (2) similar projects within the past ten (10) years.


SECTION F – EVALUATION OF PROPOSALS


F. EVALUATION OF PROPOSALS

1. EVALUATION CRITERIA

a) Proposals will be evaluated on the basis of the overall best value to the Town based on quality, service, price and any other criteria set out herein including, but not limited to:

The Proponent's ability to meet the requirements, qualifications and competencies set out herein.

The Proponent’s ability to deliver the services when and where required.

Financial offer including but not limited to prices, expenses and considerations.

The Proponent's business and technical reputation and capabilities; experience and where applicable, the experience of its personnel; financial stability; track record; and references of current and former customers.

Quality of Proposal, including evidence of skills directly applicable to this project.

Methods and approaches to each phase of the work.

Ability of the Proponent to align their proposal with the Town of Okotoks organizational design, values and culture.

Any other criteria set out in the RFP or otherwise reasonably considered relevant.

b) In addition to the evaluation criteria set out above, the following criteria, which are not in any order

of importance, will be taken into consideration during the Town’s evaluation of the Proposal:

Proponent’s qualifications, experience and performance.

Proponent’s staff team qualifications and experience.

Proponent’s service approach including, but not limited to:

o staffing plan; o use of in-person services; o coordination of work with the Town of Okotoks Internal Project Committee; o creative approach; o communication approach throughout the project; o use of technology; o quality control; o customer service standards; and o incidental services.

Proponent’s approach to risk assessment and disaster recovery.

Amount of resources required by Town of Okotoks to support the proposal.

c) All sub-contractors of the Proponent will be subject to the same evaluation process. It is the responsibility of the Proponent to guarantee that all its sub-contractors will comply with all the Requirements and terms and conditions set out herein.


SECTION F – EVALUATION OF PROPOSALS


2. ADDITIONAL EVALUATION REQUIREMENTS

a) The Town may elect to shortlist some of the Proponents and may require shortlisted Proponents to provide additional information or details, including making a presentation, supplying samples, demonstrations, and/or additional technical literature.

3. SELECTION PROCESS & TIMELINE

a) Proposals will be evaluated by Town of Okotoks Project Committee (evaluation team), consisting

of the Corporate & Strategic Services Director, two Human Resources Advisors.

b) The Town anticipates that it will require the shortlisted candidates to provide a 30 minute oral presentation to the evaluation team at no cost to the Town of Okotoks, via in-person or online demonstration of their proposals between June 15 - 19, 2015. Flexibility is available if these dates do not work for Proponent.

c) The structure of the session would be as follows:

20 minute oral presentation by proponent.

10 minutes for evaluation team to ask questions of the proponents.

d) The anticipated timeline for the RFP process is as follows:

Submissions must be received before June 18, 2015 at 12:00 Noon MST.

A final decision will be made by June 25, 2015.

4. AWARD OF CONTRACT

a) The Town, through the Corporate & Strategic Services Director, will notify the successful Proponent(s) in writing that it has been awarded the Contract.

b) The Proposal, the RFP and such other documents including all amendments or addenda, shall form the basis for the Contract between the Proponent and the Town.

c) The Town is not under any obligation to award a Contract and may elect to terminate this RFP at

any time.


SECTION G – PROPOSAL GENERAL CONDITIONS


G. PROPOSAL – GENERAL CONDITIONS

1. ACCEPTANCE & REJECTION OF PROPOSALS

a) Notwithstanding any other provision in the Proposal documents, the Town has in its sole discretion, the unfettered right to:

accept any Proposal;

reject any Proposal;

reject all Proposals;

accept a Proposal which is not the lowest priced Proposal;

accept a Proposal that deviates from the Requirements, Specifications or the conditions specified in this RFP;

reject a Proposal even if it is the only Proposal received by the Town;

accept all or any part of a Proposal; and

split the services between one or more Proponents.

b) If any of the terms set out therein are unacceptable to the Proponent, the Proponent must identify such terms and provide alternatives in its Proposal. While the Town is not obligated to accept any alternative, all suggested alternatives will be considered during the evaluation process.

c) All Proposals shall be irrevocable and remain open for acceptance for at least sixty (60) days

after the Closing Time, whether or not another Proposal has been accepted.

d) A Proposal which contains an error, omission, or misstatement, which contains qualifying conditions, which does not fully address all the requirements of this RFP, or which otherwise fails to conform to this RFP may be rejected by the Town in whole or in part. The Town may waive any non-compliance with the RFP, specifications, or any condition of anything required by the RFP and may elect to retain for consideration Proposals which are non-conforming, which do not contain the content or form required by the RFP or because they have not complied with the process for submission set out herein.

e) If any director, officer, employee, agent or other representative of a Proponent makes any

representation or solicitation to any elected official, officer, employee or agent of the Town with respect to the Proposal, whether before or after the submission of the Proposal, the Town shall be entitled to reject or not accept the Proposal.

f) The Town may elect to enter into negotiations with the Proponent or with any other Proponents

concurrently. In no event will the Town be required to offer any modified terms to any Proponent prior to entering into a Contract, and the Town will not be liable to any Proponent as a result of such negotiations.

2. CONFLICT OF INTEREST

a) By submitting a Proposal, the Proponent warrants that neither it nor any of its officers or directors,

or any employee with authority to bind the Proponent, has any financial or personal relationship or affiliation with any elected official or employee of the Town or their immediate families which might in any way be seen by the Town or anyone else to create a conflict.


SECTION G – PROPOSAL GENERAL CONDITIONS


b) The Proponent must attach to its Proposal a statement addressing the independence of the firm as it relates to other services or project work being performed for other government or private agencies that may compromise the ability of the Proponent to fulfil the service requirements of this RFP. Any issues which may be perceived as conflicts of interest should be identified.

3. FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

a) The Town is subject to the Province of Alberta Freedom of Information and Protection of Privacy

Act.

4. CONFIDENTIALITY

a) Information about the Town obtained by Proponents must not be disclosed unless prior written authorization is obtained from the Town.

b) By submitting a Proposal, the Proponent agrees that this obligation of confidentiality will survive

the termination of the Contract between the Service Provider and the Town.

c) This RFP is the property of the Town. Copies may not be made or distributed without the prior written approval of the Chief Administrative Officer.

d) The Town has a duty to protect the confidentiality of the Proposals received, recognizing that

RFP submissions contain proprietary information about the Proponent, therefore the Town will not share any Proposals, content or whole.

5. ADVERTISING

a) The award of a Contract does not permit a Proponent to advertise its relationship with the Town,

without the Town’s prior written authorization.

6. SPECIAL CONDITIONS

a) Where Special Conditions are attached herein and there is a conflict, the Special Conditions shall take precedence over the Instructions to Proponents and General Conditions set out in this RFP.


SECTION H – CONTRACT DETAILS


H. CONTRACT DETAILS

1. CONDUCT OF THE CONTRACT

a) The Corporate & Strategic Services Director shall have the conduct of the RFP and the resulting Contract(s).

2. CONTRACT REQUIREMENTS

a) The successful Proponent is required to have a valid Town of Okotoks Business License prior to

Contract execution.

b) The successful Proponent will be required to enter into the form of Agreement in accordance with Appendix 1 – Service Agreement (the “Agreement”) attached herein not later than fifteen (15) working days after delivery of the Agreement to the successful Proponent by the Town.

c) If the successful Proponent fails to execute and return the Agreement to the Town within fifteen

(15) days, the Town may cease all discussions and has no obligation to the Proponent, and may, if it chooses to do so, award the Contract to another Proponent, all without affecting any claim which the Town may have against the Proponent as a result thereof.

3. NOTICES

a) Any notice required to be given in regards to the Contract(s) shall be given in writing and served

personally or mailed by registered mail addressed to the Town, Attention Corporate & Strategic Services Directorr and to the Service Provider at the address set forth in this Proposal.

4. SUB-CONTRACTORS

a) All sub-contractors are the responsibility of the Service Provider.

b) The Service Provider shall be held as fully responsible to the Town for the acts and omissions of its

sub-contractors and of persons directly or indirectly employed by the Service Provider, as for the acts and omissions of persons directly employed by it.

c) Nothing contained in any Contract documents shall create any contractual relationship between

the sub-contractors and the Town.

d) The Service Provider agrees to ensure performance by every sub-contractor with the terms and requirements of the Contract documents.

5. INDEPENDENT CONTRACTOR

a) The Service Provider, and its sub-contractors, the officers, directors, shareholders, partners,

personnel, affiliates and agents are not, nor are they to be deemed to be, partners, appointees, employees or agents of the Town.




6. ASSIGNMENT

a) The Service Provider shall not assign, sublet or let out as task work any part of the Work, and shall not assign any interest herein or any right to payment hereunder without first having had and obtained the consent in writing of the Town; which consent the Town may elect to withhold. If the Town should consent to any such assignment, subletting or letting out as task work of all or any part of the Work, the Service Provider shall in no way be relieved from its responsibility for the fulfilment of the Work, but shall continue to be responsible for the same in the same manner as if all the Work had been performed by the Service Provider.

7. TIME OF THE ESSENCE

a) For all requests made by the Town pursuant to the Contract, time is of the essence. The

acceptance of a late performance, with or without objections or reservations by the Town, shall not waive the right to claim damages for such breach nor constitute a waiver of the requirement of timely performance of any obligation remaining to be performed.

8. LAWS, PERMITS & REGULATIONS

a) The laws of Alberta shall govern the Contract.

b) In carrying out its obligations hereunder, the Service Provider shall familiarize itself and comply

with all applicable laws, bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits, and registrations as may be required by law.

9. CHANGES IN SERVICE

a) The Town, without invalidating the Contract, may make changes to the Contract by altering, adding

to or deducting from the Services. Subject to mutual agreement, the Service Provider shall proceed with the amended Services, and the amended Services shall be executed under the provisions of the Contract.

b) The Service Provider shall not make any changes from the terms of the Contract unless it shall first

have received the written consent of the Town, and no claims for additional compensation shall be valid unless the change was so ordered.

10. INSPECTION

a) The Services are subject to inspection and shall meet the approval of the Town.

b) In the case that any of the Services are not in conformity with the Requirements or the Service

Provider’s warranty (expressed or implied), the Town shall have the right either to reject them or to require correction and the Service Provider shall reimburse the Town any costs incurred as a result of the non-conformance.

c) The Town shall be the final judge of all Services and materials in respect of both quality and

quantity and its decisions of all questions in dispute with regard thereto will be final.

d) The Town will not be deemed to have accepted the Services by virtue of a partial or full payment for them.




11. QUALITY OF WORKMANSHIP

a) The Service Provider shall perform the Services with the degree of care, skill and diligence normally applied in the performance of Services of a similar nature and in accordance with sound current professional practices and conforming to the requirements set out in the RFP.

12. WARRANTY

a) The Service Provider warrants that the Services will be in full conformity with the Requirements

set out herein.

b) The Service Provider warrants that its employees have the qualifications, experience, knowledge, skills and abilities necessary for the fulfilment of the Contract.

13. INDEMNIFICATION

a) The Service Provider shall indemnify, hold and save harmless the Town, its officers, employees

and agents from and against all claims, losses, damages, costs, actions and other proceedings made, sustained, brought or prosecuted in a manner based upon, occasioned by or attributable to any injury, including death, property damage, infringement or damage arising from any act or omission of the Service Provider, its employees, officers, volunteers, servants, sub-contractors, or agents or persons from whom the Service Provider has assumed responsibility in the performance or purported performance.

b) The Service Provider shall indemnify the Town from and against any and all liability or expenses

by way of legal costs or otherwise in respect of any claim which may be made for a lien or charge at law or in equity or to any claim or liability under the Builders Lien Act, or to any attachment for debt, garnishee process or otherwise.

c) The Service Provider shall pay all royalties and license fees and shall save the Town harmless

from loss on account of suits or claims of infringement of patents in the performance of the Services.

d) The Service Provider shall assume the defence of, and indemnify and hold harmless the Town

and its officers, employees and agents, from and against all claims relating to materials furnished and to inventions, copyrights, trademarks, or patents and rights thereto used by the Service Provider in the execution of the Contract and in subsequent use and/or operation by the Town.

14. WORKERS’ COMPENSATION

a) Prior to commencing any Work on the Town’s site, the Service Provider must provide evidence

that it is in good standing with the Workers' Compensation Board of Alberta (“WCB”). The Service Provider is responsible for having the site secured in accordance with WCB safety regulations and ensuring that no danger shall befall the public at any time during the performance of the Work.

b) The Service Provider shall be deemed the Prime Contractor for the purpose of the Contract and as such, has the responsibility to:

Ensure work is done in a safe manner that complies with all regulatory requirements;

Obtain from the Town written information on hazards and conditions and the methods to address the hazards and conditions and circulate this information.




c) At all times the Service Provider will ensure that its workers and sub-contractors, and all other workers coming into the workplace will comply with:

the Workers’ Compensation Act and the WCB OHS Regulation;

the Service Provider’s safety program;

all Work Site safety requirements; and

Town of Okotoks Health and Safety policies and procedures.

15. INSURANCE REQUIREMENTS

a) Without limiting any of its obligations or liabilities under the Contract, the Service Provider and its sub-contractors shall obtain and continuously carry during the term of the Contract at their own expense and cost, the following insurance coverage with minimum limits of not less than those shown in the respective items set out below.

b) All insurance policies shall be in a form and in amounts satisfactory from time-to-time and with

insurers acceptable to the Town and shall provide the Town with sixty (60) days prior written notice of material change, lapse or cancellation. Notice must identify the Contract title, number, policy holder, and scope of work.

c) The Service Provider and each of its sub-contractors shall provide at its own cost any additional

insurance which it is required by law to provide or which it considers necessary.

d) Neither the providing of insurance by the Service Provider in accordance with the requirements hereof, nor the insolvency, bankruptcy or the failure of any insurance company to pay any claim accruing shall be held to relieve the Service Provider from any other provisions of the Contract documents with respect to liability of the Service Provider or otherwise.

e) The insurance coverage shall be primary insurance as respects the Town. Any insurance or self-

insurance maintained by or on behalf of the Town, its officers, officials, employees, servants or agents shall be excess of this insurance and shall not contribute with it.

f) Prior to commencement of this Contract, the Service Provider shall provide the Town with

evidence of all required insurance to be taken out in the form of the attached Certificate of Insurance supported by a certified copy(s) of the policy(s). The Certificate of Insurance shall identify the Contract title, number, policyholder and scope of work and shall not contain any disclaimer whatsoever. At all times thereafter, during the term of this agreement, the Service Provider shall covenant and agree to comply with all its insurance obligations described herein. Proof of insurance, in the form of a certificate of insurance or certified copies of all insurance policies shall be made available to the Town at any time during the term of the Contract upon request.

g) The Service Provider shall provide in its agreements with its sub-contractors, clauses in the same

form as those found herein. Upon request, the Service Provider shall deposit with the Town a detailed certificate of insurance for the policies it has obtained from its sub-contractors and a copy of the insurance clauses so provided in the said agreements.




16. TERMINATION

a) The Town will advise the Service Provider by written notice of its intent to terminate the whole or any part of the Contract in any one of the following circumstances:

If the Service Provider fails to make delivery of the goods and/or services within the time specified, or fails to perform any other provisions, terms or conditions of the Contract within the time specified, or within a reasonable time if no time is specified;

In the event that the Service Provider performs any act or does anything by which the Town shall incur any liability whatsoever;

Any failure of the Service Provider to meet the safety requirements of the Contract;

In the event that any creditor of the Service Provider causes a writ of execution or similar writ or court order to be served upon the Town requiring the Town to pay any portion due to the Service Provider under the Contract; or

In the event that the Service Provider is adjudged bankrupt or if it makes a general assignment for the benefit of creditors or if it becomes insolvent or if it should take the benefit of any Act that may be in force for bankrupt or insolvent debtors.

b) Upon termination of the Contract, the Town shall have no obligation to the Service Provider

except for such goods and/or services as have been supplied up to the date of the termination of the Contract(s).

c) Upon termination of the Contract in whole or in part, the Town may procure similar services

and/or goods and the Service Provider shall be liable to the Town for any excess costs for such similar goods and/or services. The Service Provider shall not be liable for any excess costs if failure to perform arises by reason of strikes, lockouts, Acts of God or acts of the Town.

17. PAYMENTS

a) The Service Provider shall be paid net 30 days from receipt of invoice and acceptance of the

goods, whichever is the later, unless alternate payment terms have been agreed to between the Service Provider and the Town.

18. TAXES

a) Unless otherwise provided herein, the Service Provider shall pay all sales or excise taxes in force

during the term of the Contract, provided that any increase or decrease in such taxes shall increase or decrease the amount due under the Contract(s).

b) Invoices shall show the appropriate amounts for GST.

19. NON-RESIDENT WITHHOLDING TAX

a) Regulation 105(1) of the Canadian Income Tax Act requires that payments to non-residents for

any services performed in Canada are subject to a Non-resident Withholding Tax of 15%. Exemption from this withholding tax is available in some circumstances, but the Service Provider must apply directly to the Canada Revenue Agency (CRA) at least 30 days before commencing Services.


SCHEDULE A - PROPOSAL FORM

TOWN OF OKOTOKS Page SA 6/5/2015

Proponent’s Name: "Proponent" Address: Telephone: Fax: Key Contact Person: E-mail: ____________________________ Incorporation Date: Sub-contractors, if applicable, are detailed in Schedule B. To the Town of Okotoks,

The undersigned Proponent, having carefully read and examined the RFP including the Instructions to Proponents, General Conditions, Special Conditions, Specifications and all addenda and having full knowledge of the Requirements described herein, does offer to provide the goods and/or services in accordance with the Requirements, terms and conditions set out in the RFP (except as noted herein).

To be initialled at Proposal Opening:

______________________________________________ Nancy Weigel, Corporate & Strategic Services Director

______________________________________________ Human Resources Advisor


SCHEDULE A - PROPOSAL FORM


1.0 PROPONENT’S DECLARATION & ACKNOWLEDGMENT

1.1 The undersigned Proponent acknowledges that in its Proposal and elsewhere in the Contract documents, that defined words and expressions shall have the same meanings as are respectively assigned to them in this RFP.

1.2 The Proponent's Alberta WCB registration number is __________________, The

Proponent warrants that it is in good standing as to all WCB assessments and requirements.

1.3 The undersigned Proponent confirms that it is currently licensed to do business in the

Town of Okotoks, Alberta (license number __________________).

Alternately if the Proponent does not currently hold a Town of Okotoks business license and if the Proponent is the successful Proponent to this RFP, the Proponent agrees that it will take out a Town of Okotoks business license at its sole cost prior to execution of the Agreement.

1.4 The undersigned Proponent confirms that it shall comply with all occupational health and safety requirements, policies and procedures of the Town and all statutory occupational health and safety requirements under, or in connection with the Workers' Compensation Act.

1.5 The undersigned Proponent confirms that it has read and agreed to the conditions stated in this RFP and that any deviations have been clearly noted herein.

1.6 The undersigned Proponent acknowledges and agrees that the liability of the Town in

connection with the RFP, the conduct or outcome of the RFP, all related processes, decisions and procedures, and any and all duties and obligations in connection with all of the foregoing, is limited, in the aggregate to the maximum of $1,000 (for, in the aggregate, any and all claims by the Proponent combined with any and all claims of all other Proponents and any and all other claimants in connection with the RFP), and that if payment is made by the Town into Court (or into trust, for the benefit of all Proponents and other such claimants, with a law firm reasonably selected for the purpose) of the said sum of $1,000, then that will be sufficient to fully release and discharge the Town from all further liability.

AS EVIDENCED WHEREOF, the Proponent has executed this Proposal Form and the attached Schedules thereto: Authorized Signatory for the Proponent Date

Name and Title (please print)


SCHEDULE B - SUBCONTRACTORS FORM


The Proponent agrees that the sub-contractors shown below are the sub-contractors that it proposes to use to carry out the Services and is subject to the approval by the Town, the Proponent agrees to engage the listed sub-contractors and no others in their stead, without prior written authorization of the Town. If no sub-contractors will be used, indicate “Not Applicable”.

Company Name, Address

Contact Name and Telephone Number

Area of Responsibility

job classification structure and job description … classification structure and job description...

Documents