request for proposal...tender no. 2020-ss-rfp-003 engineering services city of summerside 275...

TENDER NO. 2020-SS-RFP-003 ENGINEERING SERVICES

City of Summerside 275 Fitzroy Street, of 34 Summerside, PE C1N 1H9 www.city.summerside.pe.ca Small city. Big opportunity.

THE CITY OF SUMMERSIDE REQUEST FOR PROPOSAL


Sealed Request for Proposals (RFP) marked “2020-SS-RFP-003 ENGINEERING SERVICES” will be received at Summerside City Hall, Tender Box, 1st Floor, 275 Fitzroy Street, Summerside, PEI, C1N 1H9 up to and including 1:00 p.m., local time, June 30, 2020 for professional engineering services to the City for the Summerside Sunbank Project.

Project Timeline

RFP Closing Date 1:00 P.M. June 30, 2020

Anticipated Award Date Week of July 13, 2020

RFP documents are available from:

The City of Summerside Municipal Services Office

94 Ottawa St, Summerside, PE Contact: Greg Gaudet Phone: 902-439-5776

Email: [email protected] RFP’s will be opened in the Finance Board Room (1st floor) immediately after the closing hour, at which time interested parties, may be present if so desired. Note, the lowest price is not necessarily the determining factor.

http://www.city.summerside.pe.ca/

mailto:[email protected]



INFORMATION FOR BIDDERS

TENDER NO. 2020-SS-RFP-003 ENGINEERING SERVICES CITY OF SUMMERSIDE, PE

1.0 AGENCY:

The City of Summerside is seeking proposals from engineering consultants for the provision of Engineering Services for a preliminary design, scope of work and specifications of the Summerside Sunbank project and the development of 3 distinct Request For Proposal (RFP) packages for Engineering, Procurement and Construction for a Solar Farm, a Battery Storage System and the Electric utility Grid Connections and Protections. Sealed proposals clearly marked “2020-SS-RFP-003 ENGINEERING SERVICES” will be received at Summerside City Hall, Tender Box, 1st Floor, 275 Fitzroy Street, Summerside, PEI, C1N 1H9, up to and including 1:00 p.m., local time, June 30, 2020. 2.0 TERMS OF REFERENCE

The Consultant, or Team of Consultants, shall submit a detailed proposal outlining their proposed cost structure with related experience and relevant employee resume’s as detailed in Section 11 (PROJECT DESCRIPTION). 3.0 LEVEL OF EFFORT

The cost of services shall be submitted in a sealed envelope from the rest of the proposal. The rating of each proposal will be completed on all other items before opening the cost envelopes. This is intended to reduce any bias which might result from knowing the costs before starting the evaluation. 4.0 PROPOSAL SUBMISSION

Proposal shall be submitted in three copies clearly labelled “2020-SS-RFP-003 ENGINEERING SERVICES” to the attention of: Attn: TENDER BOX City of Summerside 275 Fitzroy Street 1st Floor Summerside, PE C1N 1H9 Proposals shall be accepted up to and including 1:00 p.m., local time, June 30, 2020. It is anticipated that the contract shall be awarded by the week of July 13, 2020.




5.0 CITY OF SUMMERSIDE RIGHTS

By this Request for Proposals (RFP), the City reserves to itself the absolute and unfettered discretion to invite submissions, consider and analyze submissions, select short-listed Proponents or attempt to negotiate an agreement with the Successful Proponent, if any, as the City considers desirable. Without limiting the generality of the foregoing, the City reserves the right to: a) reject, consider or short-list any submission whether or not it contains all information required by this Request For Proposal; b) require clarification where a submission is unclear; c) reject any or all submissions without any obligation, or any compensation or reimbursement, to any Respondent, intended Proponent, or any other person associated with this RFP process; d) disqualify or reject any submission without discussion with the submitting party; e) reject any or all submissions that the City considers are not in its best interests; 6.0 NO OBLIGATION TO PROCEED

Though the City fully intends at this time to proceed with the engineering services contract as contemplated herein, the City is under no obligation to do so. The receipt by the City of any information (including any submissions, ideas, plans, drawings, models or other materials communicated or exhibited by any intended Proponent, or on its behalf) shall not impose any obligations on the City. There is no guarantee by the City, its officers, employees or agents, that the process initiated by the issuance of this RFP will continue, or that this RFP process or any RFP process will result in a contract with the City. 7.0 CITY’S DECISION-MAKING POWER

The City has the power to make any decision, or to exercise any contractual right or remedy, contemplated in this RFP at its own absolute and unfettered discretion. By submitting this RFP, the Consultant certifies its agreement that no public law duty, whether arising from the principles of procedural fairness or the rules of natural justice, apply to the City. 8.0 PROPOSAL REQUIREMENTS

Submitted proposals must contain the following to be evaluated:

.1 An elaboration on personnel in terms of relevant experience, level of effort, and anticipated participation.




.2 A detailed outline of costs in terms of professional services, disbursements, and work tasks.

.3 Detailed lists of the deliverables (scope of work, drawings and specifications) planned to be issued for each RFP package.

.4 Sample copy of scope of work, drawings and specifications.

.5 Schedule & key milestones

.6 Completion of the OFFER OF SERVICE form included with this request for proposals. This OFFER OF SERVICE is found in Appendix A.

9.0 EVALUATION OF PROPOSALS

Only those proposals that meet the requirements outlined in this Section 9.0 will be evaluated. A Guideline for the Selection and Evaluation of Consultants is provided in Appendix B. The criteria used to evaluate the proposals shall include the following: .1 Ability to conduct work .2 Reporting .3 Proposal presentation .4 Cost 10.0 PROJECT RATIONALE: The City of Summerside has operated an electric utility known as Summerside Electric since 1920 and currently serves all customers in our City, as well as some areas of Sherbrooke, Linkletter, and Traveller’s Rest. The City of Summerside has recently embarked on a large-scale utility project consisting of a solar farm and a battery energy storage system termed Summerside Sunbank. It is expected that the Solar Farm size will be 25MWDC / 21 MWAC and the battery energy storage system will be 10MWAC capacity with 20MWH of attached storage. The City of Summerside is requiring the services of an engineering consultant to advise on selections of appropriate vendors to meet its specified project goals and then to finally create the engineering, procurement and construction packages to be issued for bidding. Once the EPC packages are issued and submissions received it is expected that the successful consultant will offer recommendation upon evaluations of the bids with the City of Summerside. 11.0 PROJECT DESCRIPTION: The Sunbank Solar project Engineering Procurement and Construction (EPC) Request for Proposal (RFP) will be issued in three separate RFP packages. These packages shall be divided as below.

1. Solar Farm EPC Package

EPC RFP for Sunbank Solar project rated 25MWDC / 21 MWAC and connected to 34.5kV overhead distribution line. EPC contractor scope shall include engineering, procurement, construction, testing, and commissioning of Solar project. Sunbank Solar project EPC contractor shall be responsible for interconnection to 34.5kV overhead distribution line.




Sunbank Solar project shall standalone fully functional solar project. Solar project SCADA shall interface with Battery Energy Storage system SCADA and utility SCADA for exchange of

data and control signals.

2. BESS EPC Package

EPC RFP for Sunbank Battery Energy Storage System (BESS) shall be rated 10MW / 20MWh and connected to 34.5kV overhead distribution line. EPC contractor scope shall include engineering, procurement, construction, testing, and commissioning of BESS project. BESS project EPC contractor shall be responsible for interconnection to 34.5kV overhead line. Sunbank BESS project shall standalone fully functional BESS project. Sunbank BESS project SCADA shall interface with Sunbank Solar project SCADA and existing utility SCADA for exchange of data and control signals.

3. Electric Utility Interconnection EPC Package

EPC RFP for Sunbank Utility Interconnection scope shall scope shall include engineering, procurement, construction, testing, and commissioning of following facilities.

a. Expansion of existing utility substation located at 94 Ottawa street per single line drawing including all protections and controls.

b. Construction of 34.5kV insulated conductor overhead distribution lines from utility substation to the Sunbank Solar project and Sunbank BESS project

The Scope of Work for the Consultant includes:

The preliminary design of the project with specific technical requirements that are to be meet for the specific function requirements of the City of Summerside and the functional requirements of the Electric Utility needs. This will include creating overall technical functions of each system component at a high level & vendor listing for applicable products. It is expected that the preliminary design work will set the scope of work and the expected outcomes of the overall EPC package issued. The detailed engineering work will be submitted from each EPC contract for review to the City and commentary.

The specific high-level items for these package(s) will include minimum following information as

applicable to each project.

1. Scope of Work for EPC contractor and project performance specifications. Which will

include minimum following information as applicable to each package

a. Project Introduction

b. Project site conditions

c. Scope of work by Contractor

d. Project Interfaces and coordination requirement

e. Applicable code and standards

f. Permitting requirement and responsibility matrix




g. Environmental and permitting constraints

h. Civil and Structural work design, Geotech investigation, , access roads, fencing,

gates, foundations, Operations building, and laydown area design requirements

i. Solar Panel racking, DC cabling, combiner boxes and weather stations design requirement

j. Inverter station AC cabling and substation design requirement

k. Battery Energy storage system design requirements complete with

l. Overhead distribution line design requirement

m. Substation upgrade design requirement

n. SCADA system specification, communication interfaces, and security protocols requirement.

o. Well Field protection requirements (solar farm being constructed on existing potable water supply well field).

p. Quality control, Inspections and testing requirements

q. Site safety and security requirements

r. Spare parts requirements

2. Preliminary design drawings such as layouts. Single line drawings, SCADA architecture, interface drawings etc.

3. Engineering specifications for project engineering and construction for Civil, Structural, electrical, which will include minimum following information.

a. Applicable standards

b. Major equipment and systems specifications.

c. Major equipment approved vendor list.

Pricing for an optional amount of minimum 400 hours of professional engineering services shall be provided by the Consultant should the scope of work be modified. This pricing block of hourly fees will be the basis for additional work and time outside the scope of this document. The City reserves the right to call the option on the extra 400 hours. The Consultant shall maintain full transparency

on hours used to assist the City in tracking Engineering hours expended.

The Consultant shall provide a pricing schedule for any additional hours outside the

aforementioned 400 hours that may be needed by the City.

12.0 PROJECT PRICING:

Pricing provided by the Consultant shall follow an outline similar to the following:




1. Firm price for the scope of work listed in this RFP documents: $............................

2. Firm price for 400 Hours of optional Engineering Services: $.............................

3. Hourly Rate for following role.

Role Hourly Rate ($)

Project Manager

Senior Engineer

Intermediate Engineer

Junior Engineer

Engineer In Training

CAD Technician

etc. The firm and fixed price for professional services entered into the schedule above shall include all equipment, computers, software, job related training, office supplies, professional dues, overhead, etc. The Consultant shall provide per diem pricing that includes travel to Summerside, PEI; meals and accommodations. Transportation costs shall be paid at the per kilometer rate posted by The Canada Revenue Agency. The 2020 rates are posted at: http://www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/bnfts/tmbl/llwnc/rts-eng.html The City shall reimburse transportation of flights at a rate of cost + 10%. The City shall reimburse rental vehicles associated with air travel at a rate of cost + 10% for compact car rentals only. The City may authorize reimbursement for an alternate vehicle at its discretion. Travel by air shall have a maximum kilometer reimbursement of 120 km (excluding any kilometer reimbursements for the daily on site project work), which allows for transportation to and from the Charlottetown Airport. If the Consultant chooses to fly into an alternate airport it shall be at the Consultant’s expense. The City does not reimburse transportation costs for travel between accommodations and the work site. The Consultant shall attach receipts to all invoices, which include travel expenses. The Consultant shall provide proof of credentials for all employees that undertake work for the City. This shall include a copy of their professional designation along with a current resume detailing relevant work experience. For the purpose of this RFP, the Consultant shall attach to Appendix A a minimum of two (2) resumes of qualified professional engineers that currently work for the Consultant.

For the purpose of this proposal, the following definitions will apply:


http://www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/bnfts/tmbl/llwnc/rts-eng.html



Senior Engineer – Minimum of 10 years relevant work experience as a licensed professional engineer

Intermediate Engineer – 5-10 years relevant work experience as a licensed professional engineer

Junior Engineer – Less than 5 years relevant work experience as a licensed professional engineer

The Consultant may at their discretion provide separate pricing on alternate engineering disciplines that may be needed under this contract such as mechanical, structural and/or civil. Otherwise, all disciplines will be considered the same price per seniority ranking.

12.0 PROJECT SCHEDULE The submitting proposal shall provide an expected project timeline to complete the following items:

1. Preliminary design work development (overall design to include in all EPC packages)

o Conceptual package, draft package & final package.

2. Solar Farm EPC package


3. BESS EPC package


4. Electric Utility Connection Package


City will review and comment on the conceptual package and draft package. Consultant shall include time required for data collection and coordination meeting with the City.

The project schedule submitted by the Consultant will be the performance indicator for deliverables. Should the deliverable timeline not be meet within one week of timeline then the City reserves the right to enforce additional work hours to that deliverable at no cost to the City. I.e. the Consultant agrees to work extra hours to meet the deadline at their own cost. If it can be reasonably shown that the City of Summerside is the substantive reason for the delay than this can be foregone.

13.0 SUBCONTRACTORS The Consultant shall not subcontract any work outlined in this RFP unless the City provides their written consent. It is the expectation of the City that the Consultant complete all work in house and requests by the Consultant for subcontracting work will be considered only for the accommodation of unforeseen or extenuating circumstance. 14.0 TAXATION

The Service of Offer form shall have HST/GST excluded in all pricing/costs submitted.




15.0 OWNER SUPPLIED DATA AND DOCUMENTS

Any data, engineering drawings, or other documents obtained from the City of Summerside by consultants for any purposes will be confidential. 16.0 CONTRACT PRICING Pricing submitted in this RFP shall be the agreed pricing for the duration of the project. It is expected that the project timeline will be up to 2 years in length. 17.0 CONTRACT SCHEDULE

The successful proposal, confirmed through signature of the OFFER OF SERVICE form by both the successful consultant and the City of Summerside, will form the CONTRACT. The contract shall be in force for 2 calendar years. Upon the expiry of 2 calendar years (2022), the City reserves the right to extend the contract an additional year, if necessary. The notice of extension shall be sent to the Consultant via e-mail from the City prior to year end of 2021. 18.0 CONTRACT DELIVERABLES

Concise documentation in the form of design drawings, tables, designed material lists, etc. shall be submitted to the City in an ongoing basis. Documentation shall be accurate and timely. All formal documents prepared by the Engineering Consultant shall be submitted in hardcopy and native electronic format to the City of Summerside. All designs, proposals, ideas, inventions, improvements under this contract which pertain to the City of Summerside or its assets are deemed the property of the City. Copyright of all documents created for this contract shall be property of the City of Summerside. City of Summerside AGENCY CONTACT: Greg Gaudet 902-439-5776 [email protected] 19.0 NON-DISCLOSURE CONTRACT

The successful Consultant will be required to sign a non-disclosure document with the City of

Summerside for the exchange of intellectual property for the project. This project and integrations

are very new to the electric utility industry and all information pertaining to the project must be

exchanged under a Non-disclosure agreement. Appendix E is the non-disclosure agreement

expected to be signed. If any submitting Consultant has concerns on this requirement or suggested

changes to the document in appendix E it is to be submitted with the proposal.

In the preparation of the EPC packages under this proposal the same Non-disclosure agreement

will be a requirement to be included in any package issued to prospective EPC Contractors.


mailto:[email protected]



APPENDIX A

Offer of Service City of Summerside


1. I (We) the undersigned hereby offer to furnish to the City of Summerside all necessary expertise, supervision, materials, equipment, and other things necessary to complete, to the entire satisfaction of the City of Summerside, or its authorized representative, the work described as:

The City of Summerside


For the following prices:

(a) Firm and fixed price for Professional Services:

Role Hourly Rate

Senior Engineer

Intermediate Engineer

Junior Engineer

Engineer In Training

CAD Technician

Plus applicable HST/GST Tax on professional services: This firm and fixed price for professional services includes all equipment, computers, software, job related training, office supplies, professional dues, overhead, margin, etc.

(b) Provincial Sales Tax registration number: _______________




Federal Goods and Services Tax number: _______________ (c) Price for Meals and Accommodation, if required, at a cost not to exceed:

$________________________________ per day; Does the Consultant currently employ a professional engineer(s) resident to Prince Edward Island which the Consultant anticipates shall undertake the work? (Check yes or no below): YES __________ NO __________

2. Progress payments for professional services and applicable taxes on professional services rendered under this contract will be monthly in arrears upon receipt of invoices detailing work completed. Each invoice shall clearly show the total cost to date invoiced for that calendar year. The total of such progress payments shall not exceed eighty percent (80%) of the fixed price for professional services and applicable taxes on the professional services. The remaining twenty percent (20%) will be paid upon final completion and acceptance of work. Detailed claims for travel and accommodation expenses incurred during each Month (with applicable taxes identified herein) are to be submitted with the aforementioned invoices.

3. Dated at _______________________________ this ______ day of

_______________________, 2020. _______________________________________________________ (Name of Consulting Company Submitting Offer of Services) By: ____________________________________ Titled: _______________________

(Signing Officer for Consulting Company) Witness: ____________________________________




Appendix “B” Attachment – RESUMES

(Attach resumes of qualified professional engineers that currently work for the Firm and have been assigned this work.)




Appendix C

Guidelines for the Selection and Evaluation of Consultants City of Summerside Sunbank Project

1 Introduction 1.1 Purpose The purpose of this publication is to assist in selecting consultants. These procedures will provide a uniform approach to the selection process. 1.2 Scope The subjects covered herein are related to the procurement of proposals and the selection of the proposal offering best value. 1.3 Application All City of Summerside staff responsible for procuring proposals and selection of consultants shall ensure that these procedures are followed. 2 Definitions The City Coordinator is a staff member from the City of Summerside who is assigned overall responsibility for the management of the project. The Consultant is a firm or individual proposing to provide services or advice to the City for a fee, and who has professional qualifications in a discipline associated with the planning, design, or supervision of works, and is licensed to do business in Prince Edward Island. 3 Terms of Reference 3.1 General Remarks The City of Summerside will provide the terms of reference when soliciting proposals. They will clearly state the objectives to be attained and the type and scope of the work to be carried out. The terms of reference may also include:

1) Background information outlining the situation or rationale leading to the requirements for the work;

2) Details of any constraints imposed, such as government policies, standards, and applicable legislation;

3) Details of available client support and responsibilities in the performance of the work;

4) Information about, or references to, relevant existing documents;




5) A time schedule for the completion of each stage or phase of the work, with a final completion date;

6) Requirements for progress reports; 7) Final report requirements and other deliverable products; and 8) Approval and acceptance requirements.

4 Request for Proposals 4.1 Content

A request for proposals may contain:

1) An introduction to and background on the project; 2) The terms of reference; 3) The expected level of effort; 4) The closing date for submissions; 5) A list of information to be included in the proposal, such as the consultant’s approach or the

methodology to be used, names of the persons to be assigned to the project with their resumes, fees, cost estimates, relevant past experience, and former clients;

6) The criteria for evaluating proposals; 7) A Schedule for completion of the work; and 8) A description of the deliverables.

4.2 Two-Envelope System The consultants may be asked to submit their cost of services in a separate sealed envelope, in which case the rating of the project will be completed on all other items before opening the cost envelope. This is intended to reduce any bias which might result from knowing costs before starting the evaluation. 5 Selection Committee 5.1 General Remarks A committee will be established to review proposals exceeding $5000.00 in fees. The City of Summerside coordinator may appoint three or more specialists to a selection committee. 5.2 Evaluation of Proposals The selection process must be impartial and conform to City of Summerside policy. Proposals must conform to the terms of reference and other documentation supplied to the consultant with the request for proposals. Consultants will be judged on their response and in accordance with the criteria set out in the following Appendices I and II, or as specified in the request for proposals.




The selection process must stand up to the scrutiny of professional associations and the public. The selection committee shall:

1) Rank the proposals in accordance with the weighting table shown in Appendix I. Note: (a) Differences in weighting must not be so large as to allow selection of a consultant

based on an excessively high score on one criterion alone. (b) A proposal rated as “poor” on any one of the evaluation criteria is unacceptable

regardless of its final score. (c) Selection among consultants having identical final scores will be based on the highest

score for the most important criterion. 2) Interview the top ranked consultant to obtain additional information, clarification and

agreement, if necessary; 3) If agreement cannot be reached, interview the next highest ranked firm; 4) Make the final recommendation for acceptance; 5) Advise unsuccessful consultants of the name of the firm chosen after approval has been

obtained; and 6) In the event that no proposals are found to be acceptable and an agreement cannot be

reached with any successful firm, then the committee must re-evaluate the project. 5.3 Criteria For its proposal to be acceptable, a firm must:

1) Be registered with applicable provincial professional associations; 2) Meet all requirements specified in the terms of reference; 3) Provide evidence of sufficient qualified staff 4) Have no conflict of interest; and 5) Provide evidence of successful completion of projects of a similar nature within the time, cost

and quality constraints imposed. To be considered desirable for acceptance, the firm should also: 1) Have a good understanding of the work required; and 2) Be prepared to make an oral presentation upon request.




Appendices to the Document “Appendix C

Guidelines for the Selection and Evaluation of Consultants City of Summerside Sunbank Project”

Appendix I – Evaluation of Criteria and Weights 1. Methodology Proposed – Suggested Weight 25/100

• Demonstrate an understanding of scope and objectives of project

• Recognition of direct as well as peripheral problems and solutions offered

• Demonstrate that the end product and project objectives will be met

• Is the proposed methodology fully described, clearly stated, and easily verified? 2. Ability to conduct work – Suggested Weight 25/100

• Project manager; relevant experience, qualifications, position within the organization

• Qualifications of firm and personnel

• Experience of project personnel 3. Management of the work – Suggested Weight 25/100

• Scheduling of the project

• Scheduling of the proposal

• Reporting

• Outside resources 4. Proposal presentation – Suggested Weight 10/100

• How well does the overall quality of the proposal match that excepted for the final product?

• To what extent has the information required in the request for proposals been provided?

5. Costs – Suggested Weighting 15/100

• Total Cost

• Distribution of Cost and ability to Control Cost The appraisal process begins by rating each consultant against the 5 above criteria. The following guide to rating will be used. Note the guide is based on a maximum of 10 for each criterion.

• 1-3 Poor

• 4-6 Fair

• 7-8 Good

• 9-10 Excellent Appendix II – Evaluation Criteria Definitions Note: On smaller projects it may be advisable to combine several of the factors from Criteria Items 1 and 2 – Methodology Proposed and Ability to Conduct Work.




II.1 Ability to Carry Out Work

Factor Assessment

Number of Personnel Does the firm have sufficient staff for the size of the project?

Qualifications Are principals of the firm and several of the firm staff registered with applicable provincial professional associations?

Experience Has the firm completed other similar projects? Larger projects? Do assigned team members have experience with other similar projects? What are other clients’ assessments of the competency of team personnel in prior works?




II.2 Management of the Work

Factor Assessment

Project Scheduling Does the consultant’s work plan provide for attainment of objective within times given in the terms of reference? Are all major milestones logically chosen, and do they provide for special problems? Is the timing realistic and appropriate for the project?

Cost Control Is the consultant’s work plan organized for the best dollar value? Does work plan indicate the meeting of objectives, the falling short of objectives, or the exceeding of objectives? Does the work plan provide intended cash flow (if indicated in terms of reference)?

Quality Control What systems are proposed for quality control? Is the consultant’s work plan organized to allow practical construction periods?

Reporting Does the proposed reporting system satisfy the terms of reference?

Outside Resources Does the firm have a good association with support services, sub-consultants, and other outside resources (for example computer access) likely to be required for the project?

Comprehension of scope of work Do the objectives, scope, plan, and predicted results comply with the given terms of reference and project objectives?

Compliance with Regulations Total completion in meeting requirements of federal, provincial, and municipal regulations.




II.3 Proposal Presentation

Factor Assessment

Clarity and Organization Is the proposal clear and easily understood? Is material professionally produced, brief, well organized, and complete? Are conclusions and recommendations positive and useful?

Logic Are proposed work plan, methodology, and schedule structure in logical sequence with all factors properly considered?

II.4 Cost

Factor Assessment

Total Cost Computation of total cost or services to the City of Summerside

Control of cost and distribution Acceptability of fee structure and capacity for control.




Rating Table to be used Engineering Services Contract Proposals

Consultant Consultant A Consultant B

Criteria weight

Score (1-10) Score (1-10)

1. Ability to Conduct Work

• Number of Personnel?

• Qualified Staff?

• Firm and Staff Experience on similar projects?

• Outside Resources

50/100

2. Management of Work – commitment to create and maintain the following:

• Project Schedules

• Cost Controls

• Quality Controls

• Reporting

15/100

3. Proposal Presentation

• Clearly stated proposal

• Organized content

5/100

4. Cost (To be completed last)

• Total Cost

• Distribution and Control of Cost

30/100

TOTAL 100/100




Rating Table Example Consultant’s proposals will be evaluated and assigned a (1-10) score for each of the five criteria. Criteria weights are then applied to emphasize importance of criteria and total scores calculated

Consultant Consultant A Consultant B

Criteria weight

Score (1-10) Score (1-10)

1. Ability to Conduct Work

• Number of Personnel?

• Qualified Staff?

• Firm and Staff Experience on similar projects?

• Outside Resources

50/100 10 X 50 = 500 8 X 50 = 400

2. Management of Work – commitment to create and maintain the following:

• Project Schedules

• Cost Controls

• Quality Controls

• Reporting

15/100 8 X 15 = 120 8 X 15 = 120

3. Proposal Presentation

• Clearly stated proposal

• Organized content

5/100 10 X 5 = 50 6 X 5 = 30

4. Cost (To be completed last)

• Total Cost

• Distribution and Control of Cost

30/100 7 X 30 = 210 9 X 30 = 270

TOTAL 100/100 880 820




APPENDIX D

City of Summerside Non-Disclosure Agreement

Summerside Sunbank Project

CONFIDENTIALITY, PROPRIETARY AND

NON‐DISCLOSURE AGREEMENT

THIS AGREEMENT is effective as of the _____ day of {month} {year}.

BETWEEN {Company Name}, a corporation existing under the laws of

___________________, hereinafter called “{Company}”;

‐ and ‐ THE CITY OF SUMMERSIDE, a corporation existing under the laws of

the Province of Prince Edward Island, hereinafter called “COS”;

{Company} and COS are separately referred to herein as a "Party" and collectively as "Parties".

WHEREAS {Company} is undertaking a preliminary design service for the project labelled

Summerside Sunbank for COS, (the “Purpose”);

AND WHEREAS in order to fulfill the Purpose, the Parties may wish to disclose certain

information, including third party information, to each other that any Party considers confidential

and wishes to protect;

AND WHEREAS the Parties wish to set out the terms and conditions that will govern this

arrangement.

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the

premises, the mutual covenants and agreements herein, the receipt and sufficiency of which is

hereby acknowledged by each Party, and subject to the terms and conditions in this Agreement,

the aforesaid Parties to this Agreement agree as follows:

1. For the purposes of this Agreement:




a) "Disclosing Party" means the Party disclosing confidential information;

b) "Recipient" means the Party receiving confidential information;

c) "Confidential Information" means any and all data and information relating to the

business of the Disclosing Party in all material forms and however stored or

expressed, and regardless of whether or not it has been marked as or communicated

as being confidential:

(i) of which Recipient becomes aware as a consequence of, or through, this

Agreement;

(ii) which has value to the Disclosing Party and is not generally public

knowledge;

(iii) which is treated by the Disclosing Party as confidential and/or proprietary

information;

(iv) including any third party information in the Disclosing Party’s possession

that, to the knowledge of Recipient, is subject to a confidentiality agreement

with such third party or information that may be subject to and protected by

the Freedom of Information and Protection of Privacy Act (PEI) or the

Personal Information Protection and Electronic Documents Act, S.C. 2000,

c. 5.

For further certainty, but not to limit the foregoing, this definition includes

computer data and technology, know‐how, patent, copyright, trade secret, process,

technique, program, specifications, design, formula, marketing, advertising,

financial, commercial sales or programming matter, written materials,

compositions, documents, drawings, diagrams, sketches, photographs, graphs,

computer programs, systems, files, records, studies, work in progress, visual

demonstrations, ideas, concepts, personal employee information, customer lists,

transaction information, and information from third persons to whom a Party owes

a duty of confidence.

To the extent the Confidential Information contains “personal information”, as

defined in the Canadian Personal Information Protection and Electronic

Documents Act, as amended from time to time (“PIPEDA”) or other applicable

privacy protection laws, codes of practice and other legal and regulatory obligations

(collectively “Privacy Laws”), the Parties agree that the Parties are each responsible

for complying with their respective obligations under PIPEDA and other applicable

Privacy Laws.

With respect to personal information about an identifiable individual provided or

otherwise made available by one Party to the other Party (“Personal Information”),




the Recipient agrees:

(i) to handle the Personal Information as specified in this Agreement;

(ii) not to use the Personal Information for purposes other than the authorized

Purpose;

(iii) to treat the Personal Information as “Confidential Information” and not to

disclose the Personal Information to any third party (including Affiliates)

without the prior written consent of the Disclosing Party;

(iv) to limit access to the Personal Information to those employees with a need-

to-know for the purpose of the authorized Purpose; and

(v) to take all such further steps as may be reasonably requested by the

Disclosing Party to ensure the Disclosing Party’s compliance with

applicable Privacy Laws.

Confidential Information does not include any data or information which is already

known to Recipient, or which:

(i) has become generally known to the public through no wrongful act of

Recipient;

(ii) has been rightfully received by Recipient from a third party without

restriction on disclosure and without, to the knowledge of Recipient, a

breach of an obligation of confidentiality running directly or indirectly to

the other Party hereto;

(iii) has been disclosed pursuant to a requirement of a governmental agency, or

is required to be disclosed by operation of law and is disclosed in accordance

with paragraph 3(b) of this Agreement; or

(iv) became known to Recipient prior to the Disclosing Party’s disclosure of

such information to Recipient under the terms of this Agreement or is

independently developed by Recipient without use, directly or indirectly, of

the Confidential Information received from the other Party hereto.

d) “Parties” means, except as otherwise indicated in this Agreement, {Company},

COS and also includes all Affiliates of the parties. An “Affiliate” means any

person, partnership, consortium, joint venture, corporation, or other form of

enterprise, domestic or foreign, including but not limited to subsidiaries, that

directly or indirectly, control, are controlled by, or are under common control of the




named party.

2. Obligations

a) Non‐Disclosure. Recipient shall refrain from disclosing, reproducing, copying,

summarizing and/or distributing any Confidential Information to third parties,

except for the Purpose as defined herein, and only as expressly provided in this

Agreement.

b) Fiduciary Obligation. Recipient shall hold and maintain all Confidential

Information in trust and strict confidence for the Disclosing Party and shall have a

fiduciary obligation to protect the Confidential Information from any harm,

tampering, unauthorized access, sabotage, access, exploitation, manipulation,

modification, interference, misuse, misappropriation, copying or disclosure

whatsoever, except as specifically authorized by the Disclosing Party in writing.

Recipient shall notify the Disclosing Party immediately upon discovery of any

unauthorized use or disclosure of Confidential Information or any other breach of

this Agreement by Recipient and its employees and consultants, and will cooperate

with the Disclosing Party in every reasonable way to help the Disclosing Party

regain possession of the Confidential Information and prevent its further

unauthorized use or disclosure.

c) Duration and Territory. Due to the valuable and proprietary nature of the

Confidential Information to the Disclosing Party, the obligations assumed by the

Recipient under this Agreement shall be unlimited in duration and territory. If it is

held by a court of competent jurisdiction that this provision is illegal, invalid, or

unenforceable, the obligations will apply only in those territories within which the

Disclosing Party then carries on business, and for such duration as may be specified

by the court.

d) Security. Recipient shall take security precautions, at least as great as the

precautions it takes to protect its own confidential information, but no less than

reasonable care, to keep confidential the Confidential Information. In the event of

any loss, the Recipient shall immediately notify the Disclosing Party.

e) Return on Request. Recipient shall, at the Disclosing Party’s request, return all

originals, copies, reproductions, and summaries of Confidential Information and all

other tangible materials and devices provided to Recipient as Confidential

Information, or at the Disclosing Party’s option, certify destruction of the same.

The return of such Confidential Information shall in no event relieve the Recipient

of its obligations of confidentiality set out in this Agreement with respect to such

returned or destroyed information. Notwithstanding the foregoing, the Parties may

retain copies of any Confidential Information in routine back-up of electronic data

processing systems, and one copy of Confidential Information passing from the

Disclosing Party to the Recipient where retention of such a copy is required by law




or for audit purposes, provided that the obligations of confidentiality set out herein

shall continue to apply to such retained Confidential Information.

3. Permitted Disclosure

a) Employees and Consultants. Recipient may disclose Confidential Information

only to Recipient’s employees, agents, directors, executives, and/or consultants on

a need‐to‐know basis, and only for the Purpose as defined herein. Recipient shall

ensure that all individuals (other than direct employees) who receive Confidential

Information have executed secrecy agreements that are at least as stringent as

contained in this Agreement. Recipient shall take such steps as may be reasonably

requested by the other Party to ensure such individuals maintain the confidentiality

of the Confidential Information. Recipient acknowledges and agrees that it shall be

responsible for and vicariously liable for any breach of the within terms and

conditions committed by such employees, agents, directors, executives, and/or

consultants.

b) Disclosure by Order. Recipient may disclose Confidential Information in

accordance with a judicial or other governmental order, provided that Recipient

gives the Disclosing Party reasonable notice prior to such disclosure to allow the

Disclosing Party a reasonable opportunity to seek a protective order or equivalent

or, in the Disclosing Party’s sole discretion, waive compliance with the terms of

this Agreement. In the event that no such protective order or equivalent is obtained,

or that the Disclosing Party waives compliance with the terms of this Agreement,

Recipient will furnish only that portion of the Confidential Information which

Recipient is advised by counsel is legally required and will exercise all reasonable

efforts to obtain written assurance from the applicable judicial or governmental

entity that it will afford the Confidential Information the highest level of protection

afforded under applicable law or regulation.

4. Remedies

Recipient acknowledges and agrees that:

i) the provisions hereof are necessary to protect the trade, commercial, financial, and

public policy interests of the Disclosing Party; and

ii) any breach whatsoever of the covenants or unauthorized disclosure of Confidential

Information, shall be deemed to be a breach of a fiduciary obligation to the

Disclosing Party and shall cause serious damage and irreparable harm to the

Disclosing Party for which monetary damages will not, alone or in part, result in a

sufficient or adequate remedy.

Therefore, the Disclosing Party, in addition to claiming monetary damages, shall be

authorized and entitled to such injunctive or equitable relief as may be deemed proper by a




court of competent jurisdiction in order to enforce the obligations of this Agreement,

without waiving any other rights or remedies, and without requiring proof of actual

damages. All such rights and remedies shall be cumulative and in addition to any and all

other rights and remedies to which the Disclosing Party may be entitled.

5. Proprietary Rights

All Confidential Information is and shall remain the property of the Disclosing Party. By

disclosing Confidential Information to Recipient, the Disclosing Party does not grant any

express or implied rights, license or interest, in, to, or in respect of the said information

except as otherwise provided herein. The Disclosing Party shall, at its discretion, provide

such of the Confidential Information to Recipient as is required for the Purpose. Nothing

in this Agreement obligates a Party to make any particular disclosure of information.4

6. Representations

a) Each Party represents and warrants to the others that it has all requisite power and

authority to enter into this Agreement to perform its obligations and that this

Agreement has been duly authorized, executed and delivered by it and constitutes

a valid and binding obligation, enforceable against it in accordance with its terms.

b) There are no representations, warranties, conditions, undertakings or collateral

agreements, express, implied or statutory between the Parties, other than as

expressly set forth in this Agreement. Further, a Disclosing Party makes no

representations or warranties in relation to any of the Confidential Information, its

adequacy or suitability for any purpose, and except as expressly agreed in writing,

shall not be liable for any loss or damage arising from the use of any Confidential

Information, howsoever caused, save and except for any loss or damage caused by

reason of negligent or fraudulent misrepresentation.

7. General

a) No Assignment. Neither this Agreement nor any rights or obligations hereunder,

in whole or in part, may be assigned by a Party without the prior written consent of

the other Party.

b) Language. The Parties have required that this agreement and all documents

relating thereto be drawn up in the English language.

c) Execution by Fax or Electronic Means. This Agreement may be validly executed

by means of transmission of signed facsimile or other electronic means.

d) Counterparts. This Agreement, when executed in counterparts by the Parties, will

be as effective as if one or more originals were executed by the Parties to this

Agreement.




e) Severability. If any part of this Agreement is held to be unenforceable or invalid,

it will be severed from the rest of this Agreement, which shall continue in full force

and effect.

f) Entire Agreement. This Agreement and any schedules or other documents

referred to herein, constitutes the entire agreement between the Parties relating to

the Purpose and supersedes all prior written or oral agreements, representations and

other communications between the Parties, and shall enure to the benefit of and be

binding upon each of Recipient and the Disclosing Party and their respective

successors and permitted assigns.

g) Notice. All notices or other documents contemplated by this Agreement shall be

given in writing and either served personally, mailed postage prepaid by registered

mail or sent by facsimile to such contact information as the party shall have last

notified the other. Any such document shall be deemed to have been received on

the third business day following the mailing, or if sent by facsimile, 48 hours

following transmission. For the purposes of this section, notice may be given:

To: {Company}

{Address}

Tel. No.:

Fax No.:

E‐Mail:

Attention:

To: The City of Summerside

275 Fitzroy Street, Summerside, PE C1N 1H9

Tel No.: (902) 432-1230

Fax No.: (902) 436-4255

E‐Mail: [email protected]

Attention: Rob Philpott, Chief Adminstrative Officer

h) Amendment. No modification of this Agreement is valid unless set out in writing

by the parties.

i) Applicable Law. This Agreement will be governed by the laws of the Province of

Prince Edward Island and the federal laws of Canada. The Parties submit to the

exclusive jurisdiction of the courts of the Province of Prince Edward Island. The

Parties to this Agreement acknowledge that the Companies are subject to the

Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5.

j) Waiver. A waiver must be made in writing and signed by the Party claimed to have

waived or consented. Such waiver and consent will not be considered a waiver of

any other right. Any waiver does not prevent the Party who has waived from




insisting on compliance at a later date.

k) Extended Meanings. This Agreement is to be read with all changes in gender or

number as the context may require.

l) Headings. The headings in this Agreement shall not affect its interpretation.

m) Further Assurances. Each Party shall do such acts and shall execute such further

documents as are within its power as the other Parties may at any time reasonably

request in order to give full effect to the provisions of this Agreement.

[Remainder of This Page Left Intentionally Blank]




WITNESS that the Parties have by their authorized representatives executed this Agreement.

{Company}

per:

name:

title:

date: ___________________________

THE CITY OF SUMMERSIDE

per:

name:

title:

date: ___________________________




APPENDIX E

Summerside Sunbank Preliminary Layout




APPENDIX F

Summerside Sunbank One Line - Battery Energy Storage System




Summerside Sunbank One Line – Solar Farm




Summerside Sunbank One Line – Substation
