the long point region conservation authority (forestry) fmp rfp.pdf · request for forest...

THE LONG POINT REGION CONSERVATION AUTHORITY

(Forestry)

REQUEST FOR PROPOSAL

Request for Forest Management Plan Proposal

RFP Project #: LP-002-19

CLOSING: March 20th, 2019

before 4:00 p.m.

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TABLE OF CONTENTS

BID CALL .................................................................................................................................. 3 PART 1 – INTRODUCTION ....................................................................................................... 4

1.1 Invitation to Proponents .................................................................................................. 4 1.2 Definitions ....................................................................................................................... 4 1.3 LPRCA Contact .............................................................................................................. 5 1.4 Term of Agreement for Services ..................................................................................... 5 1.5 Subcontract Proponents ................................................................................................. 5

PART 2 – THE DELIVERABLES ............................................................................................... 6 2.1 Scope of Services ........................................................................................................... 6 2.2 Deliverables ................................................................................................................... 7 2.3 Proposal Evaluation ........................................................................................................ 8 2.4 Requirements of Pricing to be Provided in Financial Proposal ....................................... 9

PART 3 – EVALUATION OF PROPOSAL SUBMISSIONS ......................................................11 3.1 Timetable .......................................................................................................................11 3.2 Submission Instructions .................................................................................................11 3.3 Proposal Evaluation .......................................................................................................12 3.4 Rated Criteria Chart (Weightings) ..................................................................................13

PART 4 – TERMS AND CONDITIONS OF THE RFP PROCESS .............................................14 4.1 General Information and Instructions .............................................................................14 4.2 Communication after Issuance of Request For Proposal ...............................................15 4.3 Indemnity .......................................................................................................................16 4.4 Insurance .......................................................................................................................16 4.5 Compliance with Workplace Safety and Insurance Act (WSIB) ......................................16 4.6 Submission of Proposals ...............................................................................................17 4.7 Execution of Agreement, Notification and Informational Meeting ...................................18 4.8 Prohibited Communications, Confidential Information and MFIPPA ...............................18 4.9 Reserved Rights of LPRCA ...........................................................................................19 4.10 Errors and Omissions ....................................................................................................20 4.11 Assignment ....................................................................................................................20 4.12 Termination ...................................................................................................................20

APPENDIX A – FORM OF OFFER ..........................................................................................21 APPENDIX B – REFERENCE FORM .......................................................................................24 APPENDIX C – PRICE BID FORM ...........................................................................................25

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BID CALL

REQUEST FOR PROPOSAL

LONG POINT REGION CONSERVATION AUTHORITY (LPRCA)

Request for Forest Management Plan Proposal (2020-2039)

The Long Point Region Conservation Authority is seeking Proposals for the development of a Forest Management Plan (FMP) providing a long-term strategy for the management and use of the Authority’s forested lands, over a twenty-year term (January 1st, 2020- December 31st, 2039). This plan will expand upon the 2000-2019 Managed Forest Plan for future silvicultural operations. Included in the FMP will be recommendations for maximum sustainable harvest areas in increments of five years for the term of the FMP to guide the LPRCA for development of operational plans.

A hard copy of the Bid package may be obtained at no charge from the following office during the hours of 8:30 a.m. to 4:30 p.m., Monday to Friday: Long Point Region Conservation Authority 4 Elm Street Tillsonburg, ON N4G 0C4

The Submission Deadline is before 4:00 p.m. local time on March 20th, 2019

Sealed Proposals must be marked “Confidential FMP-LP-002-19” and submitted before the Submission Deadline to:

Bret Colman, Manager Conservation Land Services Long Point Region Conservation Authority 4 Elm Street, Tillsonburg, ON, N4G 0C4

Proposals will be opened immediately after the Submission Deadline at the above-noted location. Proponents are welcome to attend the public opening.

All inquiries with respect to this Proposal Request are to be submitted in accordance with the terms of this Proposal Request to:

Bret Colman, Manager, Conservation Land Services, [email protected], 519-842-4242, Ext. 228.

mailto:[email protected]

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PART 1 – INTRODUCTION 1.1 Invitation to Proponents This Request for Proposal (“RFP”) is an invitation by the Long Point Region Conservation Authority (LPRCA) to prospective Bidders to submit Proposals for the development of a Forest Management Plan (FMP) providing a long-term strategy for the management and use of the Authority’s forested lands, over a twenty-year term commencing January 1st, 2020 to December 31st, 2039. Included within the FMP will be operating plan(s) guiding the LPRCA through increments of five years of the FMP (2020-2039) as further described in this Proposal Request. Long Point Region Conservation Authority total land holdings is just over 11,000 acres which

encompasses approximately 124 property parcels owned and managed by LPRCA and include

approximately 10,091 acres of forested land of which 7,498 acres is managed under the Managed

Forest Tax Incentive Program (MFTIP), 2,593.39 acres are participating in the Conservation Lands

Tax Incentive Program (CLTIP) and 1,145 acres of Natural Heritage Woodlands.

The Long Point Region watershed lies within the heart of the Carolinian Forest Zone, and contains

some of the most significant Carolinian forests. The LPRCA watershed also contains a relatively high

percentage of forest cover compared to the rest of Southern Ontario, including many large forest

blocks with high connectivity across the landscape. This watershed supports a high diversity of plants

and wildlife, including at least 76 Species at Risk in Ontario. In December of 2002, the LPRCA

designated approximately 20% of its forests as Natural Heritage Woodlands (NHW). This initiative

was identified in 1999 as part of LPRCA’s approved 20-Year Forest Management Plan.

Over the next 20 years, LPRCA will continue to undertake maintenance and monitoring activities (e.g., maintaining boundaries, signage, trails and access roads, cleaning up refuse, and monitoring for blow down and ice damage, insects and disease, and invasive species), as well as harvesting activities. 1.2 Definitions When used in the Proposal Request, the terms listed below have the following meanings: “Contract” shall mean a written agreement between the LPRCA and another party for the purchase of Supplies, Services, or Construction pursuant to this Proposal Request. “Form of Agreement” means the contract in accordance with this Proposal Request and which is eventually revised and executed between the LPRCA and the Successful Proponent. “Proponent” herein also sometimes referred to as “Bidder”, shall mean an arms-length party that submits a Proposal. “Proposal” herein also sometimes referred to as “Bid”, shall mean a submission from a prospective Vendor in response to a request for the purchase of Supplies or Services issued by the LPRCA.

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“Request for Proposal” herein also sometimes referred to as “Bid Request”, shall mean a formal request for competitive sealed Proposals. “Successful Proponent” herein also sometimes referred to as the “Successful Bidder” shall mean the Proponent who has met or exceeded the minimum requirements of the Proposal Request in its entirety as determined by the LPRCA in its absolute discretion and to whom an award is recommended. “Supplies” shall mean tangible goods, wares, merchandise, material and equipment. “Value Added Services” means “extra” feature(s) of an item of interest (product, service, person etc.) that go beyond the standard expectations and provide something “more”, even if the cost is higher to the client or purchaser. Value-added features give competitive edges to companies with otherwise more expensive products.

1.3 Long Point Region Conservation Authority Contact For the purposes of this procurement process, the “LPRCA Contact” shall be: Bret Colman,

Manager of Conservation Land Services, [email protected], 4 Elm Street, Tillsonburg, ON, N4G 0C4. All inquiries shall be directed in writing to the LPRCA Contact.

1.4 Term of Agreement for Services

The successful Proponent will be required to enter into an Agreement (the “Contract”) with the LPRCA for the provision of the Deliverables as stated in this RFP. It is LPRCA’s intention to enter into the Form of Agreement based on that described in this document with only one (1) legal entity.

It is anticipated that the Agreement will be executed with the selected Proponent on or around April 4th, 2019. The work will commence only after written instruction from LPRCA, and is expected to begin on or around April 8th, 2019. Finalized report deadline is November 15th, 2019.

A Proponent who submits conditions, options, variations or contingent statements to the terms set out in the Agreement, either as part of its Proposal or after receiving notice of selection, may be disqualified.

1.5 Subcontracted Proponents

Any and all persons who are identified in a Proposal as sharing responsibility related to the fulfilment of the RFP requirements or the provision of the Deliverables, shall be considered Subcontractors for the purpose of the Agreement and, as such, the Successful Proponent assumes full responsibility and liability for the Subcontractors as set out in the Agreement attached to this RFP.

[End of Part 1]


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PART 2 – THE DELIVERABLES 2.1 Scope of Services The primary objective for LPRCA in issuing this RFP is to retain a qualified consultant or team of consultants to develop a Forest Management Plan (FMP) providing a long-term strategy for the management and use of the Authority’s forested lands. Final version of the Forest Management Plan must be approved and stamped by a Registered Professional Forester (RPF) in good standings with the Ontario Professional Forester Association (OPFA). The FMP will be for a twenty (20) year period (January 1st, 2020- December 31st, 2039). The FMP will

encompass approximately 124 different property parcels owned and managed by LPRCA and include

approximately 10,091 acres of forested land of which 7,498 acres is under Managed Forest Tax

Incentive Program (MFTIP). The LPRCA forested lands consist of the following forest types

(structures) under the Managed Forest Tax Incentive Program:

87% Hardwoods – 6,495.73 Acres (ex: Forest Community-Mid-Tolerant, Tolerant Hardwoods, Soft Maple)

12% Plantations – 893.20 Acres

1% Open Areas – 109.18 Acres

Conservation lands make up 2,593.39 Acres of LPRCA land holdings. Natural Heritage (20%) –

1,145.00 Acres which is participating in either Managed Forest or Conservation Lands or both for the

tax incentive programs. The selected Natural Heritage Woodlands will be exempt from regular forest

management operations and will serve as core areas for the protection of rare, threatened and

endangered species.

The LPRCA watershed includes properties in five counties (Brant, Elgin, Oxford, Norfolk and

Haldimand), within fifteen different townships. The LPRCA operates five conservation areas which

offer a broad range of recreational activities including camping, swimming, canoeing, fishing and

more. LPRCA manages the Lee Brown Waterfowl Management Area (LBWMA) which was

established in 1975 consisting of approx. 800 Acres. Today, the LPRCA manages this thriving

ecosystem to maintain and enhance wetland habitat suitable for water management purposes, as well

as to propagate native waterfowl and other marsh species.

The LPRCA will provide to the Successful Bidder forest resource inventory data, related ecological inventories, natural heritage assessments, user agreements, financial history regarding timber sales, and other required information relevant to the development of this FMP. The proponent may identify in their proposal critical information they feel may be required. The Forestry Technician for the LPRCA will oversee the distribution of property/forestry information to the Successful Bidder and will work to address deficiencies in information where possible. The Manager of Conservation Land Services will be the lead contact for any issues related to the RFP and the Agreement itself.

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2.2 Deliverables The successful Bidder shall, upon award of this contract, include the following deliverables as

they relate to the preparation of the FMP:

A. Review and summarize existing information on all properties subject to the Forest Management Plan (FMP), including but not necessarily limited to forest resource information, ecological inventories, acquisition dates, past management of the lands by working group, and current land use of the properties including current forest user agreements. All available LPRCA information will be compiled for the Proponent by the project start date. Included in the data available to the Proponent will be any LPRCA geographical related files (GIS files) for property boundaries and hard copies of all Natural Heritage Reports. In 2018, LPRCA completed a 20 year MFTIP (Master – 2018-2037) Plan encompassing all of LPRCA’s managed forests which will also be available to the Proponent including all forestry data and mapping incorporated in that plan. Previous Forest Management Plan (2000-2019) will be made available for reference along with 5 year operating plans. Upon review of the provided information, LPRCA will make arrangements to address any deficiencies in a timely manner.

B. Based on existing forest resource information, recommend maximum sustainable timber

extraction values (targets) for suitable forest stands over the term of the FMP (2020-2039). The proponent will identify any threats to these targets as they relate to invasive species or disease issues that may be on the horizon. These values will be used to provide guidance to the LPRCA in scheduling appropriate silvicultural activities on an annual basis, and the development of five year operating plans.

C. Identify priority functions and land uses (source water protection, timber production,

recreational usage, natural heritage, etc.) for individual tracts of land or specific forest types for all properties subject to the FMP. Assess all properties for important features and functions as they relate to the broader ecosystem and landscape. LPRCA and the Proponent will work co-operatively for such determinations, based on available information and discussions at consultation meetings. Determine if Natural Heritage Woodlands are still meeting functions as per original criteria when designated. The proponent will also assess the compatibility of timber extraction with the designated functions and land uses.

D. Complete a draft plan report for the FMP and submit to the LPRCA by September 3rd,

2019. E. Throughout the development of the FMP, LPRCA staff may be meeting with stakeholders

including forest industry representatives, forest user groups, and the general public. The Successful Bidder will be provided minutes from these meetings and any written comments the LPRCA receives in regards to the FMP. The Successful Bidder will consult with LPRCA for ways to incorporate important concerns and considerations brought forward as a result of these discussions into the FMP. The Successful Bidder is also expected to participate at an open house event planned and conducted by LPRCA staff. The Total Price on the Bid Form will be inclusive of any mileage and expense borne by the Successful Bidder in relation to the open house.

F. Provide two copies of the final report and electronic PDF by November 15th, 2019.

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G. Bidders may wish to include additional analysis, assessments, strategies or other

component as part of the FMP. This may include items that are standard components of Forest Management Plans or additions to better compliment this plan in particular. The Bid Price will be inclusive of any addition to the proposal which is above and beyond the deliverables “A” to “F”. Independent pricing included in the Bid Submission with regard to these additional items will result in disqualification of the bid.

2.3 Proposal Evaluation LPRCA will conduct the evaluation of Proposals Based on the following:

A) Company Profile. B) Consultant Team/Key Team Members. C) Project Implementation, Schedules. D) Other Performance Measures.

The following is a list of the areas in which Proponents should provide information for consideration of their proposal. These criteria will be scored as per the Rated Criteria Weightings chart provided in section 3.4 of this Request for Proposal. Information should include, but not be limited to, the following:

A. Company Profile:

a. Company profile to include size of firm, area(s) of expertise, number of years in

business, and depth of experience of company in the area of Forest Management Plans.

b. Please provide two (2) examples of projects completed that are similar in nature and scope as outlined in this RFP. Please provide whether the budget and deadline was met for each project, and provide explanation if it was not.

c. Provide three (3) references, one for each of the examples provided.

B. Consultant Team/Key Team Members: a. Identify Project Manager and other key staff members included in the team that will

serve LPRCA. Identify any conflicts of interest. Provide Curriculum Vitae for project manager and key staff members including capabilities, roles and qualifications relevant to this project.

b. It is important to ensure that the appropriate level of expertise be included in the project team. To evaluate this, it is required to identify each team member, outline their respective role, and show the amount of time each team member will be allocated for the project at each phase.

C. Project Implementation, Schedules: a. Clearly describe in detail your approach to the work and your methodology for the

completion of the project. Ensure tasks described are clear, concise, well defined and demonstrate a full understanding of the deliverables.

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b. Provide a practical and achievable schedule/chart clearly showing tasks and

milestones of project, and suggested timelines for achieving deliverables.

c. Describe critical information required by you to be provided by LPRCA in order to achieve each deliverable.

D. Other Performance Measures

a. Clearly describe any additional value added services. Describe how these additional

components would complement the FMP and improve the final product. 2.4 Requirements of Pricing to be Provided in Financial Proposal 2.4.1 Pricing

Pricing shall be submitted as set out on the Price Bid and shall be provided in Canadian dollars. On a Proponent’s Price Bid Form, LPRCA reserves the right in its sole discretion, to correct any mathematical errors as long as such mathematical errors are obviously inadvertent, minor, and does not change the total Proposal price, and such corrected figures shall be the price for the purposes of evaluation of the Proposal. Unless otherwise stated all pricing submitted shall be considered a maximum limit regarding pricing.

2.4.2 Proposal Irrevocable after Proposal Submission Deadline

Proposals shall be irrevocable for a period of ninety (90) days running from the moment that the Submission Deadline lapses. After this time the Proposal can only be accepted with the consent of the Proponent.

2.4.3 No Increase in Rates

No claim for any increase in rates or other prices quoted in the Contract will be entertained by the LPRCA, nor shall the Successful Proponent be entitled to make any claim on the grounds of misrepresentation, nor on the grounds that he was given any promise or guarantee by the LPRCA or its agents or employees or any other person.

2.4.4 Taxes

Prices shall be provided in Canadian funds, inclusive of all applicable duties and taxes except for HST, which should be itemized separately.

Prices quoted shall exclude HST. This applies to all Proposals, whether they are for unit prices or lump sum prices. HST shall be shown separately in the designated space (if provided) on the Price Bid Form.

All Proposal comparisons will be made on the pre-tax price, or Subtotal.

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The following has been included to assist Proponents in carrying out this process:

a. Proponents are to exclude HST from their prices quoted. Therefore, Proponents and Subcontractors are required to back out any HST that would otherwise be included in the prices they submit.

b. Proponents are to show the HST separately on lines labelled as such when provided in the Proposal document.

c. The Proponents/Contractors shall be responsible to contact the appropriate government offices directly to verify any questions on the applicable HST and any other tax concerns.

[End of Part 2]

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PART 3 – EVALUATION OF PROPOSAL SUBMISSIONS

3.1 Timetable

Proponents should submit their Proposals according to the following timetable and instructions.

Issue Date of RFP February 20th, 2019

Proposal Submission Deadline March 20th, 2019 – 4:00 PM

Public Opening Long Point Region Conservation Authority 4 Elm Street Tillsonburg, ON N4G 0C4

March 20th, 2019 shortly after Proposal closing

Note – all times specified in this RFP are local times in Tillsonburg, Ontario, Canada

The RFP timetable is tentative only, and may be changed by LPRCA at any time. Notification will be respectively be provided.

3.2 Submission Instructions

3.2.1 Requirements at Time of Closing

All forms submitted must be original forms and contain original signatures. Form of Offer - with original signatures Reference Form

Price Bid Form - with original signatures An example of a plan of similar scope would be an asset.

3.2.2 Proposals must be Submitted on Time at Prescribed Location

Proposals must be submitted on time at the prescribed location set out below before the Proposal Submission Deadline as set out in Section 3.1 of this RFP.

Submission Address: Long Point Region Conservation Authority Attention: Bret Colman, Manager of Conservation Land Services “Confidential – FMP – LP-002-19”

4 Elm Street Tillsonburg, ON N4G 0C4

3.2.3 Late Submissions Proposals must be submitted at the location set out above on or before the Submission Deadline. Proposals submitted after the Submission Deadline will be rejected. For the purpose of calculating time, the LPRCA Date/Time clock at the prescribed location for submission shall govern.

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3.3 Proposal Evaluation LPRCA will conduct the evaluation of Proposals as follows:

3.3.1. Mandatory Requirements Following Closing

A review will be completed by LPRCA staff to determine which Proposals comply with all of the mandatory requirements. Other than inserting the information requested on the mandatory submission forms set out in this RFP, a Proponent may not make any changes to any of the forms. Any Proposal containing any such changes, whether on the face of the form or elsewhere in its Proposal, will be disqualified. If a Proponent makes changes, including the use of white out or other correction substances, to any figures or information that the Bidder has inserted on the Price Bid Form, it is mandatory that such changes be initialled.

Proposals which do not comply with all of the mandatory requirements will be disqualified and will not be evaluated further.

The mandatory requirements of this Proposal at the time of closing are as follows:

a. Completed Form of Offer – APPENDIX A b. Completed Reference Form – APPENDIX B c. Completed Price Bid Form – APPENDIX C

3.3.1.1 Form of Offer – Appendix A

Each Proposal must include a Form of Offer (Appendix A) completed and signed by the Proponent.

a. Conflict of Interest

In addition to the other information and representations made by each Proponent in the Form of Offer, each Proponent must declare whether they have an actual or potential Conflict of Interest. If, at the sole and absolute discretion of LPRCA, the Proponent is found to be in a Conflict of Interest, LPRCA may, in addition to any other remedies available at law or in equity, disqualify the Proposal submitted by the Proponent.

The Proponent, by submitting the Proposal, warrants that to its best knowledge and belief no actual or potential Conflict of Interest exists with respect to the submission of the Proposal or performance of the contemplated Agreement other than those disclosed in the Form of Offer. Where LPRCA discovers a Proponent’s failure to disclose all actual or potential Conflicts of Interest, LPRCA may disqualify the Proponent or terminate any Agreement awarded to that Proponent pursuant to this Proposal process.

b. General

LPRCA, in addition to any other remedies it may have in law or in equity, shall have the right to rescind any Agreement awarded to a Proponent in the event that LPRCA determines that the Proponent made a misrepresentation or submitted any inaccurate or incomplete information in the Form of Offer.

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3.3.1.2 Reference Form – Appendix B

Each Proposal must include References. References will be assessed in accordance with the Rated Criteria Chart. The Reference Form is provided and must be used for this purpose.

The references should be from organizations similar in size and scope to LPRCA for which the Proponent has provided the same or similar Deliverables.

LPRCA, in its sole discretion, may confirm the Proponent’s experience or ability or both to provide the services required and described in its Proposal by checking the Proponent’s references and the provision of the references by the Proponent is deemed to be consent to such confirmation/contact with the references.

3.3.1.3 Price Bid Form – Appendix C

Each Proposal must include a completed Price Bid Form. The Price Bid Form will be assessed in accordance with the Rated Criteria Chart. The Successful Proposal may not be the lowest or highest Proposal. While cost is an important element in the selection process, it is to be clearly understood that there are other evaluation criteria in the RFP that LPRCA will consider in evaluating Proposals. All pricing must be provided in Canadian dollars.

3.4 Rated Criteria Chart (Weightings) Points will be allotted to the Proponent’s response for each criterion as outlined in this section. The response to each item should:

a. be submitted in a complete and clear manner. b. demonstrate the Proponent’s understanding of LPRCA’s needs and should provide a

detailed answer to the information requested. c. be provided in the same sequential order as set out below.

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DESCRIPTION OF FACTOR WEIGHT TOTALWEIGHT

FOR SECTION

A. Company Profile

a. Company profile. 15

35 b. Provide three (2) examples. 15

c. Provide three (3) References. 5

B. Consult Team/Key Team Members

a. Project Manager and other key staff members included in the team that will serve LPRCA.

10 20

b. Team member roles. 10

C. Project Implementation, Schedules:

a. Description of approach to the work and methodology for the

project is suitable and appropriate for the project requirements. 15

35 b. Provide a schedule/chart showing tasks and milestones.

15

c. Describe critical information required to be provided by LPRCA

in order to achieve each deliverable. 5

D. Other Performance Measures

a. .Description of any additional components to be included in the

FMP. 10 10

Total Technical Score /100

Does Total technical score achieve benchmark of 70% Yes/No

Does Total score maintain score of 70% (70/100)? Yes/No

If the Technical Proposal receives a score less than 70% (benchmark score) based on technical evaluation criteria, then the proposal will not be considered further. If the Technical Proposal receives a score of 70% or more based on the technical evaluation criteria, the proposal shall be considered. The lowest bid will not necessarily be accepted.

[End of Part 3]

PART 4 – TERMS AND CONDITIONS OF THE RFP PROCESS

4.1 General Information and Instructions 4.1.1 Proponents to Follow Instructions Proponents should structure their Proposals in accordance with the instructions in this RFP. Where information is requested in the RFP, any response made in a Proposal should reference the applicable section numbers in this RFP where that request was made.

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4.1.2 Proposals in English All Proposals shall be in English only. 4.1.3 Information in RFP Only an Estimate

LPRCA and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in this RFP or issued by way of addenda. Any quantities shown or data contained in this RFP or provided by way of addenda are estimates only and are for the sole purpose of indicating to Proponents the general size of the work.

It is the Proponent’s responsibility to avail itself of all the necessary information to prepare a Proposal in response to this RFP.

4.1.4 Proponents Shall Bear Their Own Costs

Each Proponent shall bear all costs associated with or incurred in the preparation and presentation of its Proposal, regardless of being accepted or declined.

4.2 Communication after Issuance of Request for Proposal 4.2.1 Proponents to Review RFP

Proponents shall promptly examine all of the documents comprising this RFP, and shall report any errors, omissions or ambiguities. Proponents may direct questions or seek additional information to the LPRCA Contact. All questions or requests for information must be in writing, by email or letter format. All questions submitted by Proponents shall be deemed to be received, if by email, once the email has entered into the LPRCA Contact’s email inbox, and if by letter, upon delivery of such letter to the LPRCA Contact. LPRCA is under no obligation to provide additional information. No oral explanation or interpretation will be provided.

It is the responsibility of the Proponent to seek clarification from the LPRCA Contact on any matter it considers to be unclear. LPRCA shall not be responsible for any misunderstanding on the part of the Proponent concerning this RFP or its process.

All inquiries shall be submitted in writing five (5) business days prior preceding the RFP closing. There will be no further addendums within the final three (3) days of the RFP closing.

4.2.2 All New Information to Proponents by Way of Addenda

The RFP may be amended only by an addendum in accordance with this section. If LPRCA, for any reason, determines that it is necessary to provide additional information relating to the RFP, such information will be communicated to all Proponents by addenda. Each addendum forms an integral part of the RFP.

Such addenda may contain important information, including significant changes to the RFP. Proponents are responsible for obtaining all addenda issued by LPRCA. In the Form of Offer (Appendix A), Proponents should confirm their receipt of all addenda by setting out the number of each addendum in the space provided.

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4.2.3 Binding Information Information provided orally will not be binding upon the LPRCA. 4.3 Indemnity

The Proponent hereby agrees to indemnify and hold harmless the LPRCA, its employees, agents and other representatives (collectively, the “Indemnified Parties”) from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively, “Claims”), by whomever made, sustained, incurred, brought or prosecuted, including Claims for third party bodily injury (including death), personal injury and property damage, in any way based upon, occasioned by or attributable to anything done or omitted to be done by the Proponent, its subcontractors or their respective directors, officers, agents, employees, partners, affiliates, volunteers or independent contractors in the course of performance of the Proponent’s obligations under, or otherwise in connection with, the Contract. The Proponent further agrees to indemnify and hold harmless the Indemnified Parties for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organization, including, without limitation, LPRCA, claimed or resulting from such Claims. The obligations contained in this paragraph shall survive the termination or expiry of the Contract.

4.4 Insurance

Prior to the commencement of any work, the Contractor must furnish to the Authority, at the Contractor’s expense, certificate(s) of insurance satisfactory to LPRCA, as set forth below. In the event that the certificate(s) of insurance is/are not satisfactory, LPRCA may require the Contractor to provide a certified copy of the policy. The Contractor shall further provide that evidence of the continuance of said insurance is filed at each policy renewal date for the duration of the Contract. All insurance policies of the Contractor shall be underwritten by an insurer licensed to conduct business in the Province of Ontario.

The certificate(s) for the coverage and amounts listed below are to be provided:

a. $2 million – Automobile Policy b. $2 million – Commercial General Liability

The Commercial General Liability policy shall contain:

a. a “Cross Liability” clause or endorsement; b. an endorsement certifying that the LPRCA is added as an additional insured; c. an endorsement to the effect that the policy or policies will not be altered, cancelled or

allowed to lapse without thirty days prior written notice to the LPRCA; d. non-owned automobile coverage with a limit of at least $2,000,000 including

contractual non-owned coverage; e. products and complete operations coverage

4.5 Compliance with Workplace Safety and Insurance Act (WSIB)

To the extent that the Workplace Safety and Insurance Act S.O. 1997 c. 16 Schedule A, as amended, applies to the Deliverables and whether a Contract refers to manufactured items or to work, the Proponent warrants and agrees that it has complied and will comply with applicable workplace safety and insurance laws and regulations if the work is performed on LPRCA’s premises and further will comply with any and all other applicable laws, codes,

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regulations, rules and orders, including, but not limited to all requirements of law governing occupational health and safety. Where applicable, the Proponent will forward to LPRCA every ninety (90) days during the Term:

a. a valid Certificate of Clearance from the Workplace Safety and Insurance Board each time work is to be conducted on the LPRCA’s Premises, or

b. proof of Independent Operator status (for those not included in the “Class G: Construction List”, as of January 1, 2013), or

c. proof of “Employer by Application” status

The Contractor shall insert the firm’s WSIB account number in #4 of the Form of Offer (Appendix A). This number is required in order to verify the firm’s standing with the appropriate governmental authorities at the time of the recommendation to award a Contract.

4.6 Submission of Proposals 4.6.1 Response Format

The Proponent must refer to, and complete, all attached Appendices to be in compliance, utilizing the designated columns and format provided.

4.6.2 Amendment of Proposals

If Proponents want to amend their Proposal after it has been submitted, but before the Submission Deadline, they must contact Bret Colman, Manager Conservation Land Services, [email protected] to communicate their intention to modify their Proposal, and receive written confirmation that such modification shall be permitted. The Proponent must attend at the LPRCA office and must present the written confirmation and formally withdraw their Proposal and resubmit a new, amended Proposal in a re-sealed package, if such Proponent chooses to re-submit a Proposal.

4.6.3 Withdrawal of Proposals

Any Proponent will be permitted to withdraw their Proposal unopened after it has been submitted to the LPRCA, provided such request for withdrawal is received in writing and approved in writing by the Manager of Conservation Land Services prior to the Submission Deadline.

The written approval must be presented at the time of picking up the Proposal. A courier is not deemed a representative of the Proponent for this purpose.

A Proponent having already submitted a sealed Proposal may submit another sealed Proposal at any time up to the Submission Deadline. The last sealed Proposal received shall supersede and invalidate all other sealed Proposals previously submitted by that Proponent as it applies to the RFP.

4.6.4 RFP Incorporated into Proposal

All of the provisions of this RFP are deemed to be accepted by each Proponent and incorporated into each Proponent’s submission, and into any contract that may be executed subsequently.


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4.6.5 No In-Authority by Reference by Proponent

The entire content of the Proponent’s submission should be submitted in a fixed form, and the content of websites or other external documents referred to in the Proponent’s submission will not be considered to form part of its Proposal.

4.6.6 Proposal to be Retained by LPRCA

Subject to Section 4.7.2 and 4.7.3, LPRCA will not return the Proposal or any accompanying documentation submitted by a Proponent.

4.7 Execution of Agreement, Notification and Informational Meeting

The time of completion of the work to be performed under the Contract, no later than November 15th, 2019, shall be of the essence of the Contract. Any changes to the contract agreement must be made in writing and signed by all parties before the changes take place. Each party shall retain a copy of the executed contract and refer to it, if necessary, to fulfill their obligations completely. Important dates and deadlines are as follows:

RFP closes Wednesday, March 20th, 2019 at 4:00 PM.

Notification of successful bidder, April 4th, 2019. (Board Approval)

First draft of the Plan containing within 5 year operating Guidance/Recommendation’s broken down by stand type working groups - September 3rd, 2019.

Initial Public Consultation Process completed – October 18th, 2019.

Latest completion date for the Contract, November 15th, 2019. 4.7.1 Selection of Proponent

Notice of award by LPRCA to the Successful Proponent shall be in writing. Selection and award will be subject to LPRCA Board approval and budgetary restrictions.

4.7.2 Informational Meeting

Proponents may request an informational meeting regarding their Proposal submission within 10 business days following the date of the contract award notification. Discussions relating to any Proposal submission other than that of the Proponent making the

request will be strictly prohibited. The intent of the debriefing information session is to aid the Proponent in presenting a better Proposal in subsequent opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process.

4.8 Prohibited Communications, Confidential Information and MFIPPA 4.8.1 Prohibited Proponent Communications

The Proponent shall not engage in any Conflict of Interest as defined in Appendix A, Form of Offer, and should take note of the Conflict of Interest declaration set out in the Form of Offer (Appendix A).

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4.8.2 Proponent Not to Communicate with Media

A Proponent may not at any time directly or indirectly communicate with the media in relation to the RFP or any contract awarded pursuant to the RFP without first obtaining the written permission of LPRCA to do so.

4.8.3 Confidential Information of LPRCA

All information provided by or obtained from LPRCA in any form in connection with the RFP either before or after the issuance of the RFP

a. is the sole property of LPRCA and has been marked as being confidential in nature; b. is not to be used for any purpose other than replying to the RFP and the performance

of any subsequent Contract; c. must not be disclosed without prior written authorization from LPRCA; and d. shall be returned by the Proponents to LPRCA immediately upon the request of

LPRCA unless such information is in the public domain.

4.8.4 Freedom of Information and Protection of Privacy Act

The information submitted in response to the RFP will be treated in accordance with the relevant provisions of the Freedom of Information and Protection of Privacy Act. A Proponent should identify any information in its RFP submission or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by LPRCA. The confidentiality of such information will be maintained by LPRCA, except as otherwise required by law or by order of a court or tribunal. Proponents are advised that their Proposals will, as necessary, be disclosed on a confidential basis, to LPRCA’s advisers and the LPRCA Board for the purpose of evaluating or participating in the evaluation of their Proposals. If a Proponent has any questions about the collection and use of personal information pursuant to the RFP, questions are to be submitted to the LPRCA Contact.

By submitting any Personal Information requested in this RFP, Proponents are agreeing to the use of such information as part of the evaluation process, for any audit of this procurement process and for contract management purposes.

4.9 Reserved Rights of LPRCA LPRCA reserves the right in its sole discretion to:

a. Make public the names of any or all Proponents, b. Waive minor formalities and accept Proposals which substantially comply with the

requirements of this RFP, but the LPRCA shall not allow any blank space in any Proposal to be filled in after the Submission Deadline;

c. Verify with any Proponent or with a third party any information set out in the Proposal, d. Check references other than those provided by any Proponent, e. Disqualify any Proponent whose Proposal contains misrepresentation or any other

inaccurate or misleading information, f. Disqualify any Proponent or the Proposal of any Proponent who has engaged in

conduct prohibited by this RFP, g. Make changes, including substantial changes, to this RFP provided that those changes

are issued by way of addenda in the manner set out in this RFP, h. Select any Proponent other than the Proponent whose Proposal reflects the lowest

cost or the highest revenue to LPRCA. i. Cancel this RFP at any time prior to the execution of the Contract by LPRCA for any

reason whatsoever; j. if this Proposal is cancelled LPRCA may issue a new Proposal Request for the same or

similar Deliverables, but LPRCA is not required or obliged to do so; k. Accept any Proposal in whole or in part,

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l. Reject any or all Proposals,

and these reserved rights are in addition to any other express rights or any other rights which may be implied in the circumstances and LPRCA shall not be liable for any expenses, costs, losses or any direct or indirect damages incurred or suffered by any Proponent or any third party resulting from LPRCA exercising any of its express or implied rights under this RFP.

By submitting its Proposal, the Proponent authorizes the collection by LPRCA of the information set out under subparagraphs c. and d. above in the manner contemplated in those subparagraphs.

4.10 Errors and Omissions

Any errors, omissions or misinterpretation made by the Proponent does not relieve the Proponent of the responsibility to provide the aforesaid services and/or relieve the successful Proponent of the terms and conditions of the agreement.

4.11 Assignment The successful Proponent shall not assign the contract or any portion thereof.

4.12 Termination

4.12.1 Immediate Termination of Contract LPRCA may immediately terminate the Contract upon giving notice to the Proponent where:

a. the Proponent is adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of the Proponent’s insolvency;

b. the Proponent breaches the Conflict of Interest paragraph in Article 6 (Conflict of Interest) of the Form of Offer;

c. the Proponent, prior to or after executing the Contract, makes a material misrepresentation or omission or provides materially inaccurate information to LPRCA;

d. the Proponent undergoes a change in control which adversely affects the Proponent’s ability to satisfy some or all of its obligations under the Contract;

e. the Proponent subcontracts for the provision of part or all of the Deliverables or assigns the Contract without first obtaining the written approval of LPRCA; or

f. the Proponent’s acts or omissions constitute a substantial failure of performance and the above rights of termination are in addition to all other rights of termination available at law, or events of termination by operation of law.

[End of Part 4]

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APPENDIX A – FORM OF OFFER

The Form of Offer is to be submitted in the proposal package as per section 3.2.1 of this RFP.

To: The Authority of Long Point Region Conservation Authority

1. Proponent Information

Please fill out the following form. Name one person to be the contact for the

Proposal response as well as for any clarifications or amendments that might be

necessary.

Full Legal Name of

Proponent:

Any Other Relevant Name

under Which the Proponent

Carries on Business:

Street Address:

City, Province:

Postal Code:

Phone Number:

Fax Number:

Company Website (If Any):

Proposal Contact Person

and Title:

Proposal Contact Phone:

Proposal Contact Fax:

Proposal Contact E-mail:

2. Offer

The Proponent has carefully examined the RFP documents and has a clear and comprehensive knowledge of the Deliverables required under the RFP. By submitting a Proposal, the Proponent agrees and consents to the terms, conditions and provisions of the RFP, including the Form of Agreement.

3. Mandatory Forms

The Proponent encloses herewith as part of the Proposal, the mandatory forms required as set out in the RFP.

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4. WSIB No. (if applicable) ______________________________________

5. Addenda

The Proponent is deemed to have read and accepted all addenda issued by LPRCA. The onus remains on Proponents to make any necessary amendments to their Proposal based on the addenda.

The Proponent is requested to confirm that it has received all addenda by listing the addenda numbers in the blank space following, or, if no addenda were issued, by writing the word “None” in the blank space following: ____________________________. Proponents who fail to complete this section will be deemed to have received all posted addenda.

6. Conflict of Interest

For the purposes of this section, the term “Conflict of Interest” means

(a) in relation to the Proposal process, the Proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of LPRCA in the preparation of its RFP submission that is not available to other Proponents, (ii) communicating with any person with a view to influencing preferred treatment in the Bid process (including but not limited to the lobbying of decision makers involved in the Proposal process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the Proposal process; or

(b) in relation to the performance of its contractual obligations contemplated in the contract that is the subject of this procurement, the Proponent’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations.

If the box below is left blank, the Proponent will be deemed to declare that (a) there was no Conflict of Interest in preparing its RFP submission; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the RFP.

Otherwise, if the statement below applies, check the box.

□ The Proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its RFP submission, and/or the Proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the Proposal.

If the Proponent declares an actual or potential Conflict of Interest by marking the box above, the Proponent must set out below details of the actual or potential Conflict of Interest:

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7. Proposal Irrevocable

The Proponent agrees that its Proposal shall be irrevocable for ninety (90) days running following the Proposal Submission Deadline.

8. Disclosure of Information

The Proponent hereby agrees that any information provided in this Proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or if required by order of a court or tribunal. The Proponent hereby consents to the disclosure, on a confidential basis, of this Proposal by LPRCA to LPRCA’s advisers retained for the purpose of evaluating or participating in the evaluation of this Proposal.

9. Execution of Agreement

The Proponent understands that in the event its Proposal is selected by LPRCA, in whole or in part, the Proponent agrees to finalize and execute the agreement set out by LPRCA and in accordance with the terms of this Proposal Request.

If an unincorporated entity, to be executed as follows:

_____________________________________ Name of business entity

_______________________________ ______________________________________ Signature of Witness Signature of Representative _______________________________ _____________________________________ Name of Witness Name & Title ______________________________________ Date If an incorporated entity, to be executed as follows: ______________________________________ Name of business entity Per: __________________________________ Name: Title: I have authority to bind the Authority.

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APPENDIX B – REFERENCE FORM Name of Company: ____________________________________________________________ RFP No. ________________ RFP Name: ___________________________________________ Each Proponent is requested to provide references from their most recent clients who have obtained similar goods or services to those requested in the RFP from the Proponent. Reference #1

Company Name:

Company Address:

Contact Name:

Contact Telephone Number:

Contact Email:

Date Work Undertaken:

Nature of Assignment:

Reference #2

Company Name:

Company Address:

Contact Name:


Contact Email:



Reference #3

Company Name:

Company Address:

Contact Name:


Contact Email:



Example Plan (of similar scope) included? ____ Yes ____ No

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APPENDIX C – PRICE BID FORM At least one completed Price Bid Form with original signatures is to be submitted in the sealed RFP submission package. The Price Bid must be in Canadian Funds. I/WE, the undersigned hereby offer the following Bid for evaluation in accordance with the terms and conditions as outlined within this Request for Proposal.

Bid Proposal

Item Required Services Fee

A

Price for all deliverables related to the preparation and completion of the 20-year Forest Management Plan.

$

SUBTOTAL

$

HST

$

TOTAL BID PRICE

(In Canadian Funds)

$

COMPANY NAME:__________________________________________Date:__________________________ NAME: TITLE: (Please print or type) SIGNATURE:

I have authority to bind the Authority.

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