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REQUEST FOR PROPOSAL

2012-RFP-17CARMI SUBSTATION GROUND GRID ANALYSIS

Date Issued: November 30, 2012

An original and two (2) copies of a Proposal in an envelope plainly marked "2012-RFP-17 Carmi Substation Ground Grid Analysis” will be received at:

City Yards, Purchasing Department616 Okanagan Avenue East,Penticton, BC V2A 3K6 up to:

Closing Date: 2:00 pm local time on Wednesday, January 2, 2013

An optional site visit will be held on Wednesday, December 12, 2012 at 10:00 a.m.at the Carmi Substation located at 1645 Carmi Avenue. Please contact Eric Livolsi,Electric Utility Operations Manager at 250-490-2537 or [email protected] toconfirm your attendance.

* PROPOSALS WILL NOT BE OPENED IN PUBLIC *

NOTE: Should any potential bidders download this Request for Proposal, it isthe Proponent's responsibility to check for Addendas which will be posted onthe City of Penticton's website:

www.penticton.ca/purchasing


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TABLE OF CONTENTS

1.0 SCOPE OF THE PROPOSAL...................................................................... 3

2.0 CONTENT OF PROPOSAL ........................................................................ 5

3.0 INTERPRETATION.................................................................................. 6

4.0 FORM OF PROPOSAL.............................................................................. 7

5.0 INSTRUCTIONS TO PROPONENTS ......................................................... 9

6.0 REQUEST FOR RFP PROCESS ................................................................. 9

7.0 PRE-RFP INFORMATION...................................................................... 10

8.0 PROPOSAL PREPARATION................................................................... 13

9.0 ADDITIONAL TERMS............................................................................ 13

10.0 CONDITIONS ....................................................................................... 14

11.0 CONTRACTOR’S OBLIGATIONS............................................................ 15

12.0 INSURANCE PROTECTION AND DAMAGE ............................................ 15


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1.0 SCOPE OF THE PROPOSAL

1.1 INTRODUCTION

This document outlines the overall scope of Contractor Services, sets out the basic requirements forthe Proposal document and provides the evaluation criteria to be used as the basis for awarding theassignment. The objectives of the RFP are to evaluate the Proponent’s experience, technicalexpertise, project methodology, schedule and fees to provide the services for this assignment.

1.2 BACKGROUND

The City of Penticton is seeking a qualified professional firm or service provider to analyze the CarmiSubstation Ground Grid, determine the safe limits and recommend any upgrades to the electricalground grid as well as the gravel.

The City’s Electrical Department 20-year Master Plan dated September 2011 identified the need for

load and operational upgrades. In this plan a recommendation was also made to review the condition

of the ground grid at the substation breaker yard known as Carmi Station. This breaker yard is

adjacent to FortisBC’s RGA terminal station located in Penticton on Carmi Avenue, south of Holden

Road.

The following observations were made of the station:

The step and touch voltage potential during a fault inside a station rises whenever a fault

occurs anywhere on the system that is connected to the RGA station (the source for Carmi).

The ground grid for Carmi must be connected to the RGA station to ensure that the ground

potential rise between the two areas is controlled.

It has been identified that there are significant weeds, dirt and small granular sand and

gravel for the breaker yard.

It was also identified that there is less that 6” of washed crushed gravel in the station. This

may cause the ground potential to rise in Carmi that is outside safe limits which may be a

risk to operating personnel.

As a result of these observations, it is recommended that the City hire a grounding expert to analyze

the grid and determine the safe limits and recommend any upgrades to the electrical ground grid as

well as the gravel.

1.3 SCOPE OF WORK

The Scope of Work is intended to define the work activities as accurately as possible. The Proponentis encouraged to use innovation when developing its Proposal and propose revisions or alternativesthat are considered beneficial to the project.

The Successful Proponent shall:

1.3.1 Generate an Integrated Model of the Grounding/Power System

Model/calculate the resistance of ground grids located in soil with non-uniform resistivity; Determine step and touch potentials at the soil surface and compare these against the

tolerable levels as defined by the IEEE; Identify the rational for calculating step potentials from soil potential information; Apply FortisBC grounding standards as the Carmi station is connected to the RGA


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terminal for connection and calculations. Define the remediation required based on all preceding measurements.

Note: FortisBC drawings for original design of the ground grid should be obtained for

reference.

1.3.2 Validate Model with Measurements

Define measurement methodology and the reasons for that methodology.

It is assumed that the following measurements shall be completed. Proponents are to

add or remove items from the list below with justification:

Ground System Impedance Measurement

Point to Point Ground Impedance Measurements

Soil Resistivity Measurements

Touch and Step Voltage Measurements

1.3.3 Assess System Deterioration via Measurements and Inspections

Confirm that the grounding practices in the stations are appropriate, ie: towers grounded,

steel joints bonded, length of grounds and ensuring that they are tied down to prevent whip

in the event of a fault, size of conductor compared to fault levels (this list is not exhaustive,

so add other items that must be reviewed).

Physically check all ground grid connections (above ground) including fences, gates, joints,

switching mats, and check an appropriate sample of underground connections for

deterioration.

1.3.4 Assess Grounding System Adequacy with Analysis

1.3.5 Evaluate Grounding System Enhancements with Analysis

Once analysis is completed:

Define the upgrades required (if any) to bring the grid up to safe limits.

Test and confirm the model that the upgrades will reflect brining the system up to

appropriate levels.

Estimate cost implications of each solutions and define the cost/benefit for each solution

to a +/-25% estimate.

1.3.6 Receivables

The City of Penticton shall receive 5 copies (one electronic copy included in WORD format) of a

professional engineer stamped report with the following expectations:

1. Report defining the analysis of the model and the limitations of the ground grid.

2. Report physical assessment and recommended upgrades. Include photos of each

deficiency.

3. Report identifying the measurements taken, results, expected results and the

deficiencies.


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4. Report the required upgrades and costs associated of each solution.

5. Report recommended overall solution with justification.

6. Include a copy of the electronic model

The final Scope of Work may be negotiated with the Successful Proponent.

1.4 SITE VISIT

An optional site visit will be held Wednesday, December 12, 2012 at 10:00 a.m. at the CarmiSubstation located at 1645 Carmi Avenue (see Schedule “A” for map). Please contact Eric Livolsi,Electric Utility Operations Manager at 250-490-2537 or [email protected] to confirm yourattendance.

2.0 CONTENT OF PROPOSAL

Proposals, one (1) original and two (2) copies in printed form must be submitted. The followingtopics should be addressed in the following order:

2.1 COVERING LETTER

A covering letter signed by an authorized representative of the company should be provided outliningthe intent of the response and stating that the information contained in the response accuratelydescribes the services to be provided. The response must also guarantee that all quoted prices willbe honoured for a specified period from the submission date.

2.2 PROPONENT PROFILE

A description of the Proponent’s organization, size, services provided, areas of expertise and length oftime in operation must be addressed. Background and qualifications of all staff members who willwork on this project including the name of a project manager who will be the lead person/primarycontact throughout the Work.

2.3 REFERENCES

At least three (3) references, for which similar projects have been completed, must be providedincluding name and contact information. If there are special concerns or restrictions on our use ofthe reference, these concerns must be addressed in the Proposal. The City will not complete anyagreement without adequate reference checks.

2.4 SCHEDULING

The Proposal will include the Proponent's itinerary to complete the Work proposed (start-up,information gathering, site visits, preliminary plans etc.)

It is anticipated that the Work will be complete by February 28, 2013 subject to inclement weather.

2.5 TIME AND COSTS

The Proposal will define the costs for the Proponent's goods and services including the number ofpersonnel assigned to the Work and the total estimated time to complete the Work. The Proposalshall outline the costs of all components and other associated costs. All prices shall be in Canadiandollars. Applicable taxes should be calculated separately.


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2.6 OTHER

Any other items the Proponent wishes the City to consider in evaluating the Request for Proposalsubmission.

2.7 OWNERSHIP OF DOCUMENTS

All documents and materials submitted in response to this RFP shall become the property of the City.

3.0 INTERPRETATION

3.1 DEFINITIONS

a. “Best Value” means the value placed upon quality, service, past performance and price.

b. “City” means The Corporation of the City of Penticton.

c. “City Representative” means the representative or appointee engaged by the City tosupervise the work.

d. “Contract” means an agreement between the City and the Successful Proponent.

e. “must,” “mandatory” or “required” means a requirement that must be met in order for aPROPOSAL to receive consideration.

f. “Premises” shall mean building(s) or part of a building with its appurturences.

g. "Proposal" shall mean the Proponent's submission to the RFP.

h. “Proponent” means a party submitting a Proposal to this RFP.

i. “RFP” means the “Request for Proposal”.

j. “Request for RFP” (RFP) includes the documents listed in the index of the Request for RFPand any modifications thereof or additions thereto incorporated by addenda before theclose of RFP.

k. “should” or “desirable” means a requirement having a significant degree of importance tothe objectives of the Request for RFP.

l. “Special Conditions” means the special conditions, which are included in the RFP.

m. “Specifications” means the specifications which are included in the RFP.

n. “Subcontractor” includes, inter alia, a person, firm or corporation having a contract withthe Successful Proponent for the execution of a part or parts, or furnishing to theSuccessful Proponent materials and/or equipment called for in the RFP.

o. “Successful Proponent” means the Proponent submitting the most advantageous RFP asdetermined by the City of Penticton.

p. “Work” means any labour, duty and/or efforts to accomplish the purpose of this project.


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4.0 FORM OF PROPOSAL

Project Title: _______Carmi Substation Ground Grid Analysis ____________________________

Department: _______Electric Utility Department____________________________________________

The Proponent confirms it has obtained and carefully examined all of the documents making up theRequest for Proposal issued by The City of Penticton and any addenda issued in connection therewith.

The Proponent undertakes and agrees that:

4.1 EXECUTION OF CONTRACT

If the offer contained in this Proposal is accepted, upon being advised that the Contract (theContract) are available at the office of the Corporate Officer, the Proponent will obtain the Contractand Drawings, if any, and will execute and identify the Contract and Drawings in a form andmanner acceptable to the Corporate Officer and will deliver the same within (10) days from thetime when the same are available or are delivered or mailed to the Proponent.

4.2 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

If awarded the Contract, the Proponent shall supply the goods on the date set out in the Contractand shall complete the contract within the time specified in the Contract.

4.3 NO COLLUSION

Except as otherwise specified or as arising by reason of the provision of the Contract, no personwhether natural, or body corporate, other than the Proponent has or will have any interest or sharein this Proposal or in the proposed contract which may be completed in respect thereof. There isno collusion or arrangement between the Proponent and any other actual or prospectiveProponents in connection with Proposals submitted for this project and the Proponent has noknowledge of the contents of other Proposals and has made no comparison of figures or agreementor arrangement, express or implied, with any other party in connection with the making of theProposal.

4.4 ACCEPTANCE OF PROPOSAL

The acceptance of the Proposal by the City shall be made only by the notice in writing from theCorporate Officer or from the Purchasing Department of the City, and will be addressed to theSuccessful Proponent at the address given in this Form of Proposal; and if the Proposal Documentsare so worded, the Proposal may be accepted either in whole or part.

4.5 FAILURE OR DEFAULT OF PROPONENT

If the Proponent for any reason whatsoever fails or defaults in respect of any matter or thing whichis an obligation of the Proponent under the terms of this Proposal, the City at its option mayconsider the Proponent has abandoned the offer made or the contract if the offer has beenaccepted, whereupon the acceptance, if any, of the City shall be null and void and the City shall befree to select an alternate solution of its choosing.


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Executed at , in the Province of BC this day of , AD 201 ,under seal of the Proponent as a speciality instrument.

NOTE: If the Proponent is a corporation, inaddition to signature, affix corporate seal (ifavailable). If a natural person makes theProposal, the Proponent must sign it with his/hername typed or clearly printed below thesignature. If the Proponent is carrying onbusiness under a firm name and NOTincorporated, the members of the firm must signbelow the firm name and their names must betyped or clearly printed below the signature.

(Corporate Name if Proponent is a Corporation)

Per:

Per:

Mailing Address of Proponent:

Street

City Province Postal Code Telephone


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5.0 INSTRUCTIONS TO PROPONENTS

The following terms will apply to this RFP and to any subsequent Contract. Submission of a Proposal inresponse to this RFP indicates acceptance of all the following terms:

5.1 GENERAL

a. The law applicable to this RFP shall be the law in effect in the Province of BritishColumbia. Except for an appeal from a British Columbia Court to the Supreme Court ofCanada, no action in respect to this RFP shall be brought or maintained in any court otherthan in a court of the appropriate jurisdiction of the Province of British Columbia.

b. In carrying out its obligations hereunder, the Proponent shall familiarize itself and complywith all applicable laws, bylaws, regulations, ordinances, codes, specifications andrequirements of all regulatory authorities, and shall obtain all necessary licenses, permitsand registrations as may be required by law. Where there are two or more laws,ordinances, rules, regulations or codes applicable to the Works, the more restrictive shallapply.

c. Applicability of law: All references in the RFP to statutes and regulations thereto and Citybylaws shall be deemed to be the most recent amendments thereto or replacementsthereof.

d. Copyright: All designs, drawings, concept drawings, specifications, digital, hard copies,web pages, internet pages, maps and plans commissioned by the City of Penticton, shallremain the property of the City of Penticton.

e. In the case of any inconsistency or conflict between the provisions of the RFP, theprovisions of such documents and addenda thereto will take precedence in governing inthe following order: (1) addenda; (2) RFP; (3) Special Conditions; (4) Specifications; (5)Drawings; (6) Executed Form of RFP; (7) all other documents.

f. Headings are for convenience only: Headings and titles in the RFP are for convenienceonly and are not explanatory of the clauses with which they appear.

g. Method of payment is governed by City policy as well as applicable Federal and Provinciallaws.

h. The RFP, accepted submission, and City Contract represent the entire Agreement betweenthe City and the Successful Proponent and supersede all prior negotiations,representations or agreements either written or oral. The Contract may be amended onlyby written instrument agreed and executed by the Successful Proponent and the City.

6.0 REQUEST FOR RFP PROCESS

6.1 NOT A TENDER CALL

This RFP is not a tender call, and the submission of any response to this RFP does not create atender process. This RFP is not an invitation for an offer to contract, and it is not an offer to contractmade by the City.

6.2 NO OBLIGATION TO PROCEED

Though the City fully intends at this time to proceed through the RFP, in order to select the Works,the City is under no obligation to proceed to the purchase, or any other stage. The receipt by theCity of any information (including any submissions, ideas, plans, drawings, models or other materials


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communicated or exhibited by any intended Proponent, or on its behalf) shall not impose anyobligations on the City. There is no guarantee by the City, its officers, employees or Managers, thatthe process initiated by the issuance of this RFP will continue, or that this RFP process or any RFPprocess will result in a contract with the City for the purchase of the equipment, service, or project.

6.3 LATE PROPOSALS

Proposals received after the final date and time for receipt of Proposals will be considered as “lateProposals.” Late Proposals will not be accepted and will be returned unopened to the sender.

7.0 PRE-RFP INFORMATION

7.1 COST OF PREPARATION

Any cost incurred by the Proponent in the preparation of this Proposal will be borne solely by theProponent.

7.2 INTENTION OF THE CITY

The Proponent that submits to the City the most advantageous Proposal and which represents theinterests of the City, best overall, may be awarded the contract. The City reserves the right to acceptor reject all or part of the RFP, however, the City is not precluded from negotiating with theSuccessful Proponent to modify its Proposal to best suit the needs of the City.

7.3 REJECTION OF PROPOSALS

The City reserves the right to reject, at the City’s sole discretion, any or all Proposals, without limitingthe foregoing, any Proposal which either:

a. is incomplete, obscure, irregular or unrealistic;

b. has non-authorized (not initialled) erasures or corrections in the Proposal or any schedulethereto;

c. omits or fails to include any one or more items in the Proposal for which a price isrequired by the RFP;

d. fails to complete the information required by the RFP to be furnished with a Proposal;and/or

e. fails to complete the information required whether the same purports to be completed ornot.

Further, a Proposal may be rejected on the basis of the Proponent’s past performance, financialcapabilities, completion schedule and compliance with Federal, Provincial, and/or Municipallegislation. As it is the purpose of the City to obtain a Proposal most suitable to the interests ofthe City and what it wishes to accomplish, the City has the right to waive any irregularity orinsufficiency in any Proposal submitted and to accept the Proposal which is deemed mostfavourable to the interest of the City.

7.4 EVALUATION CRITERIA

Proposals will be evaluated based on predetermined criteria and weighting as detailed below:


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The quality of the service to be supplied, the conformity with the specifications, the suitability torequirements, guarantee clauses, and references shall all be taken into consideration.

7.5 EVALUATION COMMITTEE

Evaluation of Proposals will be by an Evaluation Committee formed by the City and may include arepresentative of its Purchasing Division.

7.6 CONFIDENTIALITY

The City will endeavour to keep all Proposals confidential. The material contained in the Proposalfrom the Successful Proponent will be incorporated in a contract and information which is consideredsensitive and/or proprietary shall be identified as such by the Proponent. Technical or commercialinformation included in the City contract shall not be released if the Purchasing Department of theCity deems such releases inappropriate, subject to the Protection of Privacy and Freedom ofInformation Act.

7.7 CLARIFICATION

The City reserves the right to seek Proposal clarification with the Proponents to assist in makingevaluations.

PROJECT: CARMI SUBSTATION GROUND GRIDANALYSIS

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PROPONENT:

CRITERIA WEIGHT 1 2 3 4 5

Relevant experience:Demonstrated background, successful experience, andrelevant knowledge. 25%

Approach to Scope of Work:Demonstrated level of commitment and ability toprovide all services outlined in the RFP; specific outlineof how the work will be performed; any specialresources the Proponent offers.

25%

Cost:Competitiveness of price. 10%

Qualifications/Personnel and Resources:Professional background and qualification of personnel.Sufficient experienced personnel assigned to theproject to complete as outlined in the RFP.

15%

Implementation timelines:Ability to deliver Proposal in a timely fashion. 5%

References:Positive references attesting to Proponent’s experiencein providing the necessary services and projectmanagement of projects similar in size and scope.

20%

EVALUATION TOTAL:


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7.8 GIFTS AND DONATIONS

Proponents will not offer entertainment, gifts, gratuities, discounts, or special services, regardless ofvalue, to any employee of the City. The Successful Proponent shall report to the PurchasingDepartment of the City any attempt by City employees to obtain such favours.

7.9 ACCEPTANCE OF PROPOSAL

The City of Penticton shall not be obligated in any manner to any Proponent whatsoever until awritten agreement has been duly executed relating to an approved Proposal.

No act of the City other than a notice in writing signed by the City’s Corporate Officer or PurchasingManager shall constitute an acceptance of a Proposal. Such acceptance shall bind the SuccessfulProponent to execute in a manner satisfactory to the City.

7.10 NEGOTIATION DELAY

If a written Contract cannot be negotiated within thirty days of notification of the SuccessfulProponent, the City may, at its sole discretion at any time thereafter, terminate negotiations with thatProponent and either negotiate a Contract with the next qualified Proponent or choose to terminatethe RFP process and not enter into a Contract with any of the Proponents.

7.11 ENQUIRIES

All enquiries related to this RFP are to be directed, in writing, to the following person.

Cathy Ingram, Purchasing ManagerPenticton City Yards616 Okanagan Avenue EastPenticton, BC V2A [email protected]

Information obtained from any other source is not official and should not be relied upon. Enquiriesand responses will be recorded and may be distributed to all Proponents at the City’s option.Questions will be answered if time permits.

7.12 SUBMITTAL DEADLINE AND INSTRUCTIONS

Delivery of Proposals to the City Purchasing office located at Penticton City Yards prior to thespecified date and time is solely and strictly the responsibility of the Proponent. The City shall not,under any circumstances, be responsible for delays caused by any private delivery service, or fordelays caused by any other occurrence. All Proposals must be manually and duly signed by anauthorized Corporate Officer or principal of the organization with the authority to bind saidProponent. Proposals must not be sent by facsimile or e-mail.

Proposals must be received in a sealed envelope by 2:00 p.m. (local Penticton Time) onWednesday, January 2, 2013 at:

City Yards Officec/o City Purchasing Department616 Okanagan Avenue EastPenticton, BC V2A 3K6

Proposals and their envelopes should be clearly marked with the name and address of the Proponentand the RFP program title.


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8.0 PROPOSAL PREPARATION

8.1 ALTERNATIVE SOLUTIONS

If alternative solutions are offered, please submit the information in the same format, as a separateProposal.

8.2 CHANGES TO PROPOSAL WORDING

The Proponent will not change the wording of its Proposal after the submission deadline and nowords or comments will be added to the Proposal unless requested by the City for purposes ofclarification.

8.3 LIMITATION OF DAMAGES

The Proponent, by submitting a Proposal, agrees that it will not claim damages, for whatever reason,relating to the RFP or in respect of the competitive process, in excess of an amount equivalent to thereasonable costs incurred by the Proponent in preparing its Proposal. The Proponent, by submittinga Proposal, waives any claim for loss of profits if no agreement is made with the Proponent.

8.4 FIRM PRICING

Proposals must be firm for at least 60 days after the final date. Prices will be firm for the entirecontract period.

8.5 CURRENCY AND TAXES

Prices quoted are to be:

in Canadian dollars; inclusive of duty, where applicable; FOB destination, delivery charges included where applicable; and Taxes extra.

9.0 ADDITIONAL TERMS

9.1 SUB-CONTRACTING

a. Using a Sub-contractor (who must be clearly identified in the Proposal) is acceptable.This includes a joint submission by two (2) Proponents having no formal corporate links.However, in this case, one of these Proponents must be prepared to take overallresponsibility for successful interconnection of the two (2) product or service lines and thismust be defined in the Proposal.

b. A Sub-contractor individual or firm, whose current or past corporate or other interestsmay, in the City’s opinion, give rise to a conflict of interest in connection with this projectwill not be permitted. This includes, but is not limited to, any firm or individual involvedin the preparation of this Proposal.

9.2 LIABILITY FOR ERRORS

While the City has used considerable efforts to ensure an accurate representation of information inthis RFP, the information contained in this RFP is supplied solely as a guideline for Contractors. Theinformation is not guaranteed or warranted to be accurate by the City, nor is it necessarilycomprehensive or exhaustive. Nothing in this RFP is intended to relieve Contractors from formingtheir own opinions and conclusions with respect to the matters addressed in this RFP.


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9.3 AGREEMENT WITH TERMS

By submitting a Proposal the Contractor agrees to all the terms and conditions of this RFP.Contractors who have obtained the RFP electronically must not alter any portion of the document,with the exception of adding the information requested. To do so will invalidate the Proposal.

9.4 USE OF REQUEST FOR RFP

This document, or any portion thereof, may not be used for any purpose other than the submissionof Proposals.

10.0 CONDITIONS

a. A qualified Proposal is one which meets the needs and specifications of the City, theterms and conditions contained in the RFP. The preferred Proposal is a qualified Proposaloffering the Best Value, as determined by the City.

b. The City will decide whether a Proposal is qualified by evaluating all of the Proposalsbased on the needs of the City, specifications, terms and conditions and price. The CityPurchasing Manager and/or department head of the City will examine all Proposals andrecommend which Proposal is in the City’s best interest.

c. A Proposal which is unqualified is one that exceeds the cost expectations of the Cityand/or does not meet the terms and conditions contained in the RFP and/or does notmeet the needs and specifications of the City. The City reserves the right to reject any orall unqualified Proposals.

d. The City reserves the right to cancel this RFP at any time.

e. The City recognizes that Best Value is the essential part of purchasing a product and/orservice and therefore the City may prefer a Proposal with a higher price, if it offersgreater value and better serves the City’s interests, as determined by the City, over aProposal with a low price. The City’s decision shall be final.

f. The City reserves the right to negotiate with a preferred Proponent, or any Proponent, onany details, including changes to specifications and price. If specifications requiresignificant modification, all Proponents shall have the opportunity to adjust their Proposalsor re-submit altogether, as determined by the City Purchasing Department and/ordepartment head.

g. All equipment, goods and workmanship must conform to all Laws and Standardsnecessary for use in Canada and the Province of British Columbia.

h. The Successful Proponent, herein named the Contractor, shall guarantee that his Proposalwill meet the needs of the City and that any or all item(s) supplied and/or service(s)rendered shall be correct. If the item(s) supplied by the Contractor and/or the service(s)rendered by it are in any way incorrect or unsuitable, all correction costs shall be bornesolely by the Contractor.

i. All proposed prices shall include delivery F.O.B. City Works yard or other destination point,as specified by the City, and the Contractor shall bear all risks of loss and/or damage.

j. Where only one Proposal is received, the City reserves the right not to make public theamount of the Proposal. The amount of the Proposal will be made public if a contract is


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awarded. The City reserves the right to accept or reject a Proposal, where only oneProposal is received.

k. The City reserves the right in its sole discretion to accept or reject all or part of anyProposal which is non-compliant with the requirements of this RFP.

l. The City shall not be obligated either to accept or reject any non-compliance with therequirements of this RFP.

m. Cancellation Clause: The City reserves the right to cancel the Contract Agreement forgoods and/or services as outlined in this RFP, at any time, by providing 30 days writtennotice to the Contractor.

11.0 CONTRACTOR’S OBLIGATIONS

11.1 REGISTRATION WITH WORKSAFE BC (WCB)

The Contract may contain a provision that the Contractor and any approved Sub-contractors must beregistered with Worksafe BC (WCB), in which case Worksafe BC (WCB) coverage must be maintainedfor the duration of the Contract. Prior to receiving any payment, the Contractor may be required tosubmit a Worksafe BC (WCB) Clearance Letter indicating that all WCB assessments have been paid.

The Contractor shall ensure compliance on his part with the Workers' Compensation Act and anyregulations there under, especially provisions of said Act or of regulations under said Act having to dowith the prevention of accidents, the prevention of diseases and the provision of safe workingconditions, including proper sanitation and ventilation.

In any case where pursuant to the provisions of the Workers' Compensation Act, the Workers'Compensation Board orders the Contractor in respect of his operations under this Agreement, tocease operations because of failure to install or adopt safety devices or appliances directed by theorder of the said Board, or required under said Act or regulations there under or because said Boardis of the opinion that conditions of immediate danger exist that would be likely to result in injury toany person, or because of lack of payment of an account due to the Board, the City on twenty-four(24) hours written notice to the Contractor, may terminate the Contract.

11.2 GOVERNING REGULATIONS

The Contractor shall apply and pay for all necessary permits or licences required for the execution ofthe Work (but this shall include the obtaining of permanent easements or rights of servitude). TheContractor shall give all necessary notices, pay for all fees required by law, and comply with all laws,ordinances, rules and regulations relating to the Work and to the preservation of the public health.The Contractor shall be responsible for the safety of all workmen and equipment on the project inaccordance with all applicable safety legislation passed by Federal, Provincial and local authoritiesgoverning safety.

12.0 INSURANCE PROTECTION AND DAMAGE

12.1 GENERAL INSURANCE

Before starting the Work, the Contractor shall file with the City, certificates of all insurance policiesacceptable to the City. These certificates shall state that the insurance complies with therequirements of the Contract and that the territory of the policy includes the country in which theWork is to be constructed.


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Each insurance policy required under this Article shall contain an endorsement to provide allAdditional Insured with prior notice of changes and cancellations. Such endorsement shall be in thefollowing form:

"It is understood and agreed that the coverage provided by this policy will not be changed oramended in any way or cancelled until thirty (30) days after written notice of such change orcancellation shall have been given or sent by registered mail to all Additional Insured."

Should the Contractor fail to make a payment of any premiums or other assessments required by theContractor's insurers to maintain such policies in force and effect, the City may in their discretionmake payment of such premiums or assessments and deduct the amount thereof from such moniesas may then or later be payable to the Contractor pursuant to the Contract or recover the same fromthe Contractor as the City in his discretion may determine.

Whenever the word The City is to appear in the insurance policies, the legal name shall be inserted.

12.2 PROTECTION OF WORK, PROPERTY AND PUBLIC:

The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful ordersof any public authority having jurisdiction for the safety of persons or property or to protect themfrom damage, injury or loss.

The Contractor shall protect the property adjacent to the Work areas from damage as the result ofoperations under the Contract. The Contractor shall protect the Work and the City's property fromdamage and shall make good at their own expense any damage which may arise as the result of theContractor’s operations under the Contract.

12.3 CONTRACTOR'S INSURANCE:

Public Liability & Property Damage Insurance. The Contractor shall save and hold harmless the City,its officers, Managers, servants and employees, from and against any and all suits or claims allegingdamage or injury (including death) to any person or property that may occur or that may be allegedto have occurred, in the course of the performance of this Contract, whether such claim shall bemade by an employee of the Contractor, or by a third person and whether or not it shall be claimedthat the alleged damage or injury (including death) was caused through a wilful or negligent act oromission of the Contractor, its officers, servants, Managers or employees, or a wilful negligent act oromission of any of its sub-contractors or any of their officers, servants, Managers or employees; andat its own expense, the Contractor shall defend any and all such actions and pay all legal charges,costs and other expenses arising there from.

The Contractor shall maintain and keep in force during the term of the Contract and until the date ofthe completion certificate, Two Million Dollars ($2,000,000) inclusive limits for public liability andproperty damage, against liabilities or damages in respect of injuries to persons (including injuriesresulting in death) and in respect of damage to property arising out of the performance of work.

The Contractor shall, at the time the Contract is signed, submit to the City two copies of theinsurance policies required under this Article and shall also provide to the City from time-to-time, asmay be required, satisfactory proof that such policies are still in full force and effect.

The City shall be an additional insured on the policy. The policies shall preclude subrogation claimsby the insurer against anyone insured thereunder. In addition, such insurance policy shall include thefollowing "Cross Liability" clause:

"The insurance afforded by this policy shall apply in the same manner, as though separate policieswere issued, to any action brought against any of the additional insured by or on behalf of any otheradditional insured."


17

12.4 AUTOMOTIVE INSURANCE:

A minimum of Two Million Dollars ($2,000,000) of public liability and property damage insurance shallbe carried on all automotive equipment.

12.5 ERRORS AND OMISSIONS INSURANCE:

The Consultant shall, at the Consultant’s expense, establish and maintain professional errors andomissions insurance to the following minimum requirements:

Minimum InsuranceConsulting Services for projects $ 250,000not exceeding $50,000 in value

Consulting Services for projects $ 2,000,000exceeding $50,000

The Maximum deductible in all categories shall be $ 50,000

The Consultant accepts responsibility for the acts and omissions of all Sub-Contractors it mayengage in rendering the Service on the Project.

The Consultant’s professional errors and omissions insurance shall remain in force for the lifeof the Project and for twelve (12) months after substantial completion, and shall contain thefollowing endorsement to provide the City of Penticton with prior notice of changes andcancellations.

12.6 INDEMNITY

The Contractor shall be liable for all loss, costs, damages, and expenses whatsoever incurred orsuffered by the City, its elected officials, officers, employees and Managers (collectively) including butnot limited to damage to or loss of property and loss of use thereof, and injury to or death of aperson or persons resulting from or in connection with the performance, purported performance, ornon-performance of this contract, excepting only where such loss, costs, damages and expenses areas a result of the sole negligence of the Indemnities.

The Contractor shall defend, indemnify and hold harmless the Indemnities from and against allclaims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurredin connection therewith and resulting from the performance, purported performance, or non-performance of this contract, excepting only where such claim, demand, action, proceeding or liabilityis based on the sole negligence of the Indemnities.

12.7 CITY REPRESENTATIVE

A City Representative will be assigned by the City to oversee the compliance of the Proposal awardedto the Contractor. In addition, the Contractor will be expected to name a counterpart ProjectManager. The Contractor’s project manager will be responsible for providing scheduled statusreports to Eric Livolsi, Operations Manager, or a designate.

12.8 BUSINESS LICENCE

Upon Award and Acceptance of the RFP, a copy of current City of Penticton Business Licence must beprovided.


18

12.9 SOFTWARE

It is the Contractor’s responsibility to ensure that the City has all licenses required to use anysoftware that may be supplied by the Contractor pursuant to the Contract.

12.10 ARBITRATION

All disputes arising out of or in connection with the Contract must, unless the parties otherwiseagree, be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act.

n:\city\rms\1000-1299 equipment and supplies\1220 procurement - tenders and quotations\1220-20 tenders and quotations\2012\rfp\2012-rfp-17-carmi substation ground gridanalysis\2012-rfp-17-ground grid analysis.docx

19

Schedule ACarmi Substation Location

R.P. 34856R.P. 34856R.P. 34856R.P. 34856R.P. 34856

R.

P.

27

72

9

R.

P.

27

72

9

R.

P.

27

72

9

R.

P.

27

72

9

R.

P.

27

72

9

R.P.

31

84

8

R.P.

31

84

8

R.P.

31

84

8

R.P.

31

84

8

R.P.

31

84

8

R. P. 2 7 3 1 3R. P. 2 7 3 1 3R. P. 2 7 3 1 3R. P. 2 7 3 1 3R. P. 2 7 3 1 3

R.P. 38926R.P. 38926R.P. 38926R.P. 38926R.P. 38926

R.P. 31685R.P. 31685R.P. 31685R.P. 31685R.P. 31685

R.P. 27124R.P. 27124R.P. 27124R.P. 27124R.P. 27124

R.P.R.P.R.P.R.P.R.P. 316063160631606

3160631606 R.P.26456

R.P.26456

R.P.26456

R.P.26456

R.P.26456

R.P.26985

R.P.26985

R.P.26985

R.P.26985

R.P.26985

R.

P.

25867

R.

P.

25867

R.

P.

25867

R.

P.

25867

R.

P.

25867

R.P.

25867

R.P.

25867

R.P.

25867

R.P.

25867

R.P.

25867

31374

31374

31374

31374

31374

R.P.

R.P.

R.P.

R.P.

R.P.

R.

P.

31

84

8

R.

P.

31

84

8R.

P.

31

84

8R.

P.

31

84

8R.

P.

31

84

8

31848

31848

31848

31848

31848

R.P.

R.P.

R.P.R.P.

R.P. R.P

31848

R.P31848

R.P31848

R.P31848

R.P31848

R.P.

R.P.

R.P.

R.P.

R.P.

40

86

14

08

61

40

86

14

08

61

40

86

1

R.

P.

R.

P.

R.

P.

R.

P.

R.

P.

31

84

83

18

48

31

84

83

18

48

31

84

8

R.P.R.P.R.P.R.P.R.P. 40861

4086140861

4086140861

KAP

48093

KAP

48093

KAP

48093

KAP

48093

KAP

48093

KAPKAPKAPKAPKAP

4809348093480934809348093

KA

P4

80

93

KA

P4

80

93

KA

P4

80

93

KA

P4

80

93

KA

P4

80

93

K A PK A PK A PK A PK A P 4

8966

48966

48966

48966

48966

KAP 51022KAP 51022KAP 51022KAP 51022KAP 51022


KAP 51022KAP 51022KAP 51022KAP 51022KAP 51022KAP 51022KAP 51022KAP 51022KAP 51022KAP 51022


R. P. 3 1 4 7 4R. P. 3 1 4 7 4R. P. 3 1 4 7 4R. P. 3 1 4 7 4R. P. 3 1 4 7 4

R.P. 27750R.P. 27750R.P. 27750R.P. 27750R.P. 27750

R. P. 2 9 2 3 7R. P. 2 9 2 3 7R. P. 2 9 2 3 7R. P. 2 9 2 3 7R. P. 2 9 2 3 7

R.

P.

27

72

9

R.

P.

27

72

9R.

P.

27

72

9R.

P.

27

72

9R.

P.

27

72

9

R.P. 34856R.P. 34856R.P. 34856R.P. 34856R.P. 34856


2 6 8 5 02 6 8 5 02 6 8 5 02 6 8 5 02 6 8 5 0

R. P.R. P.R. P.R. P.R. P.

R.P. 34856R.P. 34856R.P. 34856R.P. 34856R.P. 34856

KAP

74076

KAP

74076

KAP

74076

KAP

74076

KAP

74076

K AP

74 0

7 6

K AP

74 0

7 6

K AP

74 0

7 6

K AP

74 0

7 6

K AP

74 0

7 6

7501575015750157501575015

KAPKAPKAPKAPKAP


LotBLotBLotBLotBLotB LotALotALotALotALotA

Lot5Lot5Lot5Lot5Lot5Lot18Lot18Lot18Lot18Lot18


Lot3Lot3Lot3Lot3Lot3





Lot 1Lot 1Lot 1Lot 1Lot 1





Lot 1Lot1Lot1Lot1Lot1







Lot2Lot 2Lot2Lot2Lot2



































Lot2Lot 2Lot 2Lot 2Lot 2Lot11Lot11Lot11Lot11Lot11



Lot 31Lot31Lot 31Lot 31Lot 31










Lot6Lot 6Lot 6Lot 6Lot 6












Lot17Lot17Lot17Lot17Lot17Lot 18Lot18Lot18Lot18Lot18Lot19Lot19Lot19Lot19Lot19Lot20Lot20Lot20Lot20Lot20







LotALotALotALotALotALotBLotBLotBLotBLotB

LotDLot DLot DLot DLot D


LotELotELotELotELotE


















LotCLotCLotCLotCLotCLot30Lot30Lot30Lot30Lot30






















Lot46Lot46Lot46Lot46Lot46 Lot47Lot47Lot47Lot47Lot47Lot48Lot48Lot48Lot48Lot48



LotALotALotALotALotA




Lot11Lot11Lot11Lot11Lot11Lot12Lot12Lot12Lot12Lot12Lot13Lot13Lot13Lot13Lot13

LotALotALotALotALotA

LotBLotBLotBLotBLotB

Lot ALot ALot ALot ALot A LotBLotBLotBLotBLotB

BRA

CEW

ELLDR

100-

200

BRA

CEW

ELLDR

100-

200

BRA

CEW

ELLDR

100-

200

BRA

CEW

ELLDR

100-

200

BRA

CEW

ELLDR

100-

200

CLE

LAND

DR10

0-200

CLE

LAND

DR10

0-200

CLE

LAND

DR10

0-200

CLE

LAND

DR10

0-200

CLE

LAND

DR10

0-200

CAR

MI A

VE19

00-2

000

CAR

MI A

VE19

00-2

000

CAR

MI A

VE19

00-2

000

CAR

MI A

VE19

00-2

000

CAR

MI A

VE19

00-2

000

CARMI AVE

1700-1800

CARMI AVE

1700-1800

CARMI AVE

1700-1800

CARMI AVE

1700-1800

CARMI AVE

1700-1800

HO

LDEN

RD

1600

-170

0

HO

LDEN

RD

1600

-170

0

HO

LDEN

RD

1600

-170

0

HO

LDEN

RD

1600

-170

0

HO

LDEN

RD

1600

-170

0

WIL

LIA

MS

ON

PL

10

0 -2

00

WI L

LIA

MS

ON

PL

10

0 -2

00

WI L

LIA

MS

ON

PL

10

0 -2

00

WI L

LIA

MS

ON

PL

10

0 -2

00

WI L

LIA

MS

ON

PL

10

0 -2

00

CARMI AVE 1500-1600CARMI AVE 1500-1600CARMI AVE 1500-1600CARMI AVE 1500-1600CARMI AVE 1500-1600

Carmi Substation