REQUEST FOR PROPOSALS (RFP)
Town Broadband Internet Services
(Universal Broadband Fund)
Town of High Prairie
1.0 Purpose
1.1 The Town of High Prairie (Town) invites proposals from Internet Service Providers for the provision of expanding and improving the Broadband Internet Services within the municipality through the Federal and Provincial partnership being the Universal Broadband Fund.
1.2 The project involves assisting and partnering with the municipality in making the application for funding under the grant program and if successful, managing the entire project to completion.
1.3 The Town reserves the right to accept or reject any or all Requests for Proposals (RFP). The Town of High Prairie reserves the right to accept any RFP without stating reasons. The Town of High Prairie may consider any other factor besides price and capability to perform the work that it deems in its sole discretion to be relevant to its decision.
1.4 If the Town receives an acceptable proposal for the RFP (the “Proposal”), it will select one or more parties who submitted a Proposal (the “Proponent”) with whom the Town, in its sole and unfettered discretion, will negotiate regarding the terms of a contract to perform the Work.
2.0 Description of the Work to be Performed
2.1 The Governments of Canada and Alberta have announced the Universal Broadband Fund (Fund) to increase and improve Broadband connectivity in Canada.
2.2 The Town intends to make an application for funding under this program, with the assistance and partnership of an internet service provider (ISP). Conditional to successful funding, the Town and the ISP will proceed to improve the broadband program and internet connectivity and speeds for its residents and businesses. The Town is in search of an ISP to undertake this project in partnership.
2.3 The Fund permits applications directly by ISP’s and other entities, in addition to municipalities. The Town has limited knowledge of the extent of the applications being made to the Fund by outside entities and wishes to ensure the maximum benefit is gained for our residents and businesses; therefore, we intend to make direct application to the Fund, to ensure maximum benefit is derived.
2.4 Through this RFP process, the Town is inviting interested ISP’s to submit their Proposals of interest to the Town for consideration. The Town intends to select a provider (or providers) based on the Proposals received and proceed with the application(s) and project(s) if the grant application is successful. The choice to select more than one provider to make an application will be based on the Town’s goal to provide as great an improvement to coverage and speeds as possible to our Town.
2.5 Should our grant application be successful, an agreement would be entered into with the successful proponent, to include but not be limited to: grant application, design, approvals and execution of the project all the responsibility of the proponent, Town financial investment in the project other than approved grant funding will be considered, and terms of transfer of assets to the proponent upon successful completion to the satisfaction of the grant provider.
3.0 Submission of Proposal:
3.1 Proposals clearly marked “ Broadband Services RFP” will be accepted in paper form until 12:00 pm (MST) on Monday, January 4, 2021 (RFP Closing Time), at the address indicated below, or due to COVID 19 restrictions, electronic submissions in a PDF format and emailed to cao@highprairie.ca and reception@highprairie.ca will be accepted until 12:00 pm (MST) on Monday, January 4, 2021.
Town of High Prairie
4806-53 Avenue
High Prairie, AB T0G 1E0
3.2 Proposals will be opened following the RFP Closing Time. No Proposal(s) submitted after the RFP Closing Time will be accepted.
3.3 Each Proponent may submit only one Proposal. Collusion between Proponents will be sufficient cause for the affected Proposal(s) to be rejected outright by the Town without further consideration.
3.4 Any inquiries regarding this RFP should be directed to Mr. Rod Risling, Chief Administrative Officer, in writing at cao@highprairie.ca.
3.5 Each Proponent shall designate within 5 days of the receipt of this RFP, and no later than 7 calendar days prior to the RFP Closing Time of this RFP, one (1) person to whom any additional information, as may be deemed relevant to this RFP by the Town, may be communicated.
3.6 The Town is under no obligation to respond to any inquiry submitted to it in respect of this RFP.
3.7 If the Town, in its sole and unfettered discretion, determines that a written response to an inquiry is warranted, a written response will be prepared and distributed to all Proponents who have requested a copy of this RFP and completed the acknowledgment form. Such written response(s) will be issued in the form of an addendum to this RFP and will be deemed to be part of this RFP.
4.0 General Conditions Applicable to this RFP
Appendices and Addenda
4.1 The appendices to this RFP and any subsequent addenda are incorporated into and form part of this RFP. The information and data contained in any appendices and any subsequent addenda may form the basis upon which the contract will be entered into with the Town.
Disclaimer of Liability and Indemnity
4.2 By submitting a Proposal, a Proponent agrees:
a) to be responsible for conducting its own due diligence on data and information upon which its Proposal is based,
b) that it has fully satisfied itself as to its rights and the nature extended to the risks it will be assuming,
c) that it has gathered all information necessary to perform all its obligations under its proposal,
d) that it is solely responsible for ensuring that it has all information necessary to prepare its Proposal and for independently verifying and informing itself with respect to any terms or conditions that may affect its RFP,
e) to hold harmless the Town, its elected officials, officers, employees, agents, or advisors and all their respective successors and assigns, from all claims, liability and costs related to all aspects of the RFP process,
f) that it shall not be entitled to claim against the Town, its elected officials, officers, employees, insurers, agents, or advisors on grounds that any information, whether obtained from the Town or otherwise (including information made available by its elected officials, officers, employees, agents, or advisors), regardless of the manner or form in which the information is provided is incorrect or insufficient,
g) that the Town will not be responsible for any costs, expenses, losses, damages, or liability incurred by the Proponent because of, or arising out of, preparing, submitting, or disseminating a Proposal, or for any presentations or interviews related to the Proposal, or due to the Town’s acceptance or non-acceptance of a Proposal, and
h) to waive any right to contest in any proceeding, case, action or application, the right of the Town to negotiate with any Proponent for the Contract whom the Town deems, in its sole and unfettered discretion, to have submitted the Proposal most beneficial to the Town and acknowledges that the Town may negotiate and contract with any Proponent it desires.
No Tender and no Contractual Relationship
4.3 The Proponent acknowledges and agrees that this procurement process is a Request for Proposal and is not a tendering process. It is part of an overall procurement process intended to enable the Town to identify a potential successful Proponent. The submission of a Proposal does not constitute a legally binding agreement between the Town and any Proponent. For greater certainty, by submission of its Proposal, the Proponent acknowledges and agrees that there will be no initiation of contractual obligations or the creation of contractual obligations as between the Town and the Proponent arising from this RFP or the submission of a Proposal.
4.4 The Proponent acknowledges that a Proposal may be rescinded by a Proponent at any time prior to the execution of a contract.
Discretion of the Town
4.5 Notwithstanding any other provision of this RFP to the contrary, the provisions in this Section (4.5) prevail, govern, and override all other parts of this RFP. The Town is not bound to accept any Proposal. At any time prior to the execution of the contract, the Town may, in its sole and unfettered discretion, or for its own convenience, terminate the procurement process, cancel the work, or proceed with the work on different terms. All of this may be done with no compensation to the Proponents or any other party. The Town reserves the right, in its sole and unfettered discretion, to:
a) utilize any designs, ideas or information contained in any of the Proposals for its sole use and benefit without making payment or otherwise providing consideration or compensation to any Proponent or any other party,
b) negotiate the specific contractual terms and conditions, including but not limited to the fee or price of the work, and the scope of the work,
c) waive any formality, informality, or technicality in any Proposal, whether of a minor and inconsequential nature, or whether of a substantial or material nature,
d) receive, consider, and/or accept any Proposal, regardless of whether it complies (either in a material or non-material manner) with the submission requirements or is the lowest priced proposal, or not accept any Proposal, all without giving reasons,
e) determine whether any Proposal meets the submission requirements of this RFP,
f) negotiate with any Proponent regardless of whether that Proponent is the Proponent that has received the highest evaluation score, and
g) negotiate with all Proponents, regardless of whether the Proponent has a Proposal that does not fully comply, either in a material or non-material way with the submission requirements for the RFP or any requirements contained within this RFP.
Selection
4.6 Selection of the successful Proponent, if any, is at the sole and unfettered discretion of the Town.
Disqualification
4.7 The failure to comply with any aspect of this RFP (either in a material way or otherwise), shall render the Proponent subject to such actions as may be determined by the Town, including disqualification from the RFP process, suspension from the RFP process and/or imposition of conditions which must be complied with before the Proponent will have its privilege of submitting a Proposal reinstated.
Representations and Warranties
4.8 The Town makes no representations or warranties other than those expressly contained herein as to the accuracy and/or completeness of the information provided in this RFP.
4.9 Proponents are hereby required to satisfy themselves as to the accuracy and/or completeness of the information provided in this RFP.
4.10 No implied obligation of any kind by, or on behalf of, the Town shall arise from anything contained in this RFP, and the express representations and warranties contained in this RFP, and made by the Town, are and shall be the only representations and warranties that apply.
4.11 Information referenced in this RFP, or otherwise made available by the Town or any of its elected officials, officers, employees, agents, or advisors as part of the procurement process, is provided for the convenience of the Proponent only and none of the Town, its elected officials, officers, employees, agents, and advisors warrant the accuracy or completeness of this information. The Proponent is required to immediately bring forth to the Town any conflict or error that it may find in the RFP. All other data is provided for informational purposes only.
5.0 Proposal Requirements
5.1 The Town reserves the right but is not required to reject any Proposal that does not include the requirements.
Description of the Proposal
5.2 Proposals shall include the legal name, address, and telephone numbers of the individual, the principals of partnerships and/or corporations comprising the Proponent, and in the case of partnerships or corporations, the individual who will be the representative of the partnership or corporation.
5.3 Proposals shall include a description of any subcontractors, agents, or employees that the Proponent expects to involve in the performance of the work. The Town reserves the discretion to approve or reject the proposed use, by the selected Proponent of any proposed subcontract which discretion shall be exercised reasonably.
5.4 Proposals shall include a description of the individuals who will be performing the work including their previous experience and qualifications.
5.5 Proposals shall include a list of previous work of a similar nature to the work required by the Town as set out in this RFP.
Execution of the Proposal
5.6 Proposals shall be properly executed in full compliance with the following:
a) Proposals and the pricing must be signed by the representative for the Proponent.
b) if the Proposal is made by a corporation, the full name of the corporation shall be accurately printed immediately above the signatures of its duly authorized officers and the corporate seal shall be affixed.
c) if the Proposal is made by a partnership, the firm name or business name shall be accurately printed above the signature of the firm and the Proposal shall be signed by a partner or partners who have authority to sign for the partnership.
d) if the Proposal is made by an individual carrying on business under a name other than his own, his business name together with the individual’s name shall be printed immediately above its signature; and
e) if the Proposal is made by a sole proprietor who carries on business in his own name, the proprietor shall print his name immediately below his signature.
6.0 Mandatory Submission Requirements
Documents to be Submitted with the Proposal
6.1 At the time of the submission of its Proposal, the Proponent shall provide the following:
a) Information requested in Section 5.2 through 5.5 above, and
b) Requirements found in Schedule A “Information Required in your Proposals”.
Insurance to be carried by Successful Proponent
6.2 At the time of the submission of its Proposal, the Proponent shall provide evidence of insurance coverage as follows:
a) standard automobile, bodily injury and property damage insurance providing coverage of at least $5,000,000 inclusive and in respect of any one claim for the injury to or death of one or more persons or damage to or destruction of property.
b) a comprehensive general liability insurance policy providing coverage of at least $5,000,000 inclusive and in respect of any one claim for injury to or death of any one or more persons or damage to or destruction of property. Coverage to include:
i. non-owned automobiles,
ii. independent subcontractors,
iii. contractual liability including this Agreement,
iv. broad form property damage endorsement,
v. environmental liability, and
vi. products and completed operations coverage.
c) If applicable, Aircraft Liability Insurance covering bodily injury (including passenger hazard) and property damage with inclusive limits of not less than $2,000,000.00 for any one occurrence.
d) Contractors' Equipment Insurance on an "All risks" basis for replacement cost-covering construction machinery and equipment used by the Construction Manager for the performance of the work, including boiler insurance on temporary boilers and pressure vessels.
e) Workers' Compensation coverage for all employees, if any, engaged by the Proponent in accordance with the laws of the Province of Alberta.
f) employer's liability insurance respecting employees, if any, of the Proponent with limits of liability of not less than $5,000,000 per employee for each accident, accidental injury or death of an employee or any subcontractor engaged by the Proponent; and
g) such other insurance as the Town may from time to time require.
6.3 The Proponent shall cause all insurance coverage maintained by the Proponent in accordance with this RFP, except for errors and omissions coverage (if required), to name the Town and any other party designated by the Town as an additional insured and to contain a severability of interests or cross liability clause. The Proponent shall cause all insurance coverage to provide that no such insurance policy may be cancelled without the insurer providing no less than thirty (30) days' written notice of such cancellation to the Town. The Proponent shall, upon the request of the Town, furnish written documentation, satisfactory to the Town, evidencing the required insurance coverage. The cost of all insurance required to be held by the Proponent as set forth herein shall be borne by the Proponent.
7.0 Evaluation
7.1 After the RFP Closing Time, the Town will review and evaluate all the Proposals received based upon the information supplied by the Proponents in accordance with the submission requirements of this RFP.
7.2 In evaluating the Proposals received, the Town will consider all criteria listed below in Section 7.3, and the Town will have the sole and unfettered discretion to award up to the maximum number of points for each criterion as listed below. By submitting a Proposal, the Proponent acknowledges and agrees that the Town has, and is hereby entitled to exercise, the sole and unfettered discretion to award the points for the evaluation of the noted criteria.
7.3 By submitting a Proposal, each Proponent acknowledges and agrees that it waives any right to contest in any legal proceedings the decision of the Town to award points in respect of the criteria noted below (the “Evaluation Criteria”). The Evaluation Criteria and the maximum number of points for each criterion are as follows:
a) Evaluation Criteria: See “Schedule A”
7.4 The Town may select a Proponent with the highest point total with whom to negotiate the contract for the work. Points will be assigned for each criterion based on the information provided in the proponent’s submission. Scoring will be consistently applied by the Town’s evaluation team with the specified scoring system noted below. Points will be awarded on a scale of 0 to 10 as noted below. Should all the Proposals received by the Town score less than 30, the Town will not be obliged to proceed with this RFP in any way and the Town reserves the discretion and privileges outlined in Section 4.6 hereinbefore.:
Score Description
0-2 UNACCEPTABLE: does not satisfy the requirements of the criteria in any way
3 VERY POOR: address some requirements but only minimally
4 POOR: addresses most of the requirements of the criteria but is lacking in critical areas
5 MARGINAL: barely meets most of the requirements of the criterion to a minimum acceptable level
6 SATISFACTORY: average capabilities and performance, and meets most of the requirements of the criterion
7 ABOVE AVERAGE: fully meets all the requirements of the criterion
8 SUPERIOR: exceeds the requirements of the criterion
9-10 EXCEPTIONAL: feature is clearly exceptional to the requirements of the criterion
7.5 The Town also reserves the right to accept conditions to be offered by and/or negotiated with the successful Proponent which are not specifically contained in this RFP. Such options and/or alternatives shall be included in the Proposal review process as part of the evaluation.
7.6 At all times, the Town reserves the right to seek written clarification regarding a Proposal from a Proponent. Such clarification shall be deemed an amendment to such Proponent's Proposal.
Period Open for Consideration
7.7 The Proposals received shall remain irrevocable for a period of sixty (60) days following the RFP Closing Date to allow for the Town to undertake the evaluation of the Proposals received and to undertake the negotiations as provided for herein.
Information Disclosure and Confidentiality
7.8 All documents submitted to the Town will be subject to the protection and disclosure provisions of the Freedom of Information and Protection of Privacy Act ("FOIP"). FOIP allows persons a right of access to records in Town’s custody or control. It also prohibits Town from disclosing the Proponent's personal or business information where disclosure would be harmful to the Proponent's business interests or would be an unreasonable invasion of personal privacy as defined in sections 16 and 17 of FOIP. Proponents are encouraged to identify what portions of their Proposals are confidential and what harm could be expected from its disclosure. However, the Town cannot assure Proponents that any portion of the Proposals can be kept confidential under FOIP.
Independent Determination
7.9 A Proposal will not be considered by the Town if it was not arrived at independently without collusion, consultation, communication, or agreement as to any matter, such as prices, with any other Proponent.
Documents
7.10 All documents submitted by a Proponent shall become the property of the Town upon being presented, submitted, or forwarded to the Town. Should any documents be submitted electronically, notwithstanding the prohibition on same contained elsewhere in this RFP, then their content and the media they are contained in shall also become the property of the Town upon their being presented, submitted, or forwarded to Town.
Use of Documents, Drawings, and Ideas
7.11 Notwithstanding anything contained in this RFP as to the purpose for the submission of Proposals, the Town may use the concepts, ideas, suggestions, and directions contained within the documents, drawings, plans, written descriptions and other materials contained in Proposals and in any communication surrounding the Proposals provided by the Proponents or their agents, for any purpose whatsoever including, but not limited to, use of portions of the Proposals or of ideas, information, enhancements to the Evaluation Criteria and designs contained therein in other Town works. For clarity, the confidentiality obligations set out herein applicable to the Town’s use of information shall not interfere with the Town’s right to use concepts, ideas, suggestions, and directions as herein described.
Canadian Free Trade Agreement (“CFTA”) and New West Partnership Trade Agreement (“NWPTA”)
7.12 The provisions of section Chapter Five of the Canadian Free Trade Agreement and the New West Partnership Trade Agreement apply to this Proposal.
Site Conditions
7.13 The Proponent is responsible for inspecting the site of the work and for making whatever inquiries or arrangements are necessary for it to become fully informed of the nature of the site of the work, including, but not limited to, the soil structure and topography of the site, and of the work to be performed and all matters which may in any way affect the work. Without limiting the foregoing, by the submission of its Proposal, the Proponent acknowledges that it has investigated and satisfied itself as to:
a) the nature of the work.
b) the location and all conditions relating to the site of the work including, but not limited to, accessibility, general character, surface and sub-surface conditions, soil structure, utilities, road, uncertainties of seasonal weather and all other physical, topographical, geological, and geographic conditions.
c) the general character, conditions, laws, and restrictions applicable to the work that might affect the performance of the work.
d) all environmental risks, conditions, laws, and restrictions applicable to the work that might affect the work; and
e) the magnitude of the construction required to execute and complete the Work.
7.14 The Proponent is fully responsible for obtaining all information required for the preparation of its Proposal. The Town is not responsible for undertaking any investigations to assist the Proponent. Any information, plans, drawings, shop drawings or existing equipment or facilities, photos of the original construction, reports or other documents which are not included or referred to in a Proposal (the "Non-Proposal Information"), form no part of such Proposal. The Town and Town’s consultants assume no responsibility of any kind whatsoever arising from or relating to its failure to include or refer to such Non-Proposal Information. The Proponent's obligation to become familiar with the information described herein is not lessened or discharged by reason of any technical reports, including soils reports or data, test hole drilling reports or other soils information, made available or supplied in conjunction with the proposal process. Any technical reports so provided are for informational purposes only and neither the Town nor the Town’s consultants accept or assume any responsibility for the contents or accuracy of such technical reports, and the Proponent agrees that the Town, the Town’s consultants, and their representatives shall not be liable in any way to the Proponent in respect of such technical reports. The Proponent further agrees that it shall not rely upon any oral information provided to it by the Town, the Town’s consultants, or any of their respective representatives.
Law and Forum of Proposal
7.15 The law to be applied in respect of this RFP shall be the law of the Province of Alberta and all civil actions commenced in relation to this RFP shall be settled by the Courts of the Province of Alberta. By submitting a Proposal, the Proponent is deemed to have agreed to attorn to the authority of the Courts of the Province of Alberta.
Schedule A
Terms of Reference Universal Broadband Fund
Town of High Prairie
Information Required in your Proposals:
Please provide information about your company’s qualifications and experience as an ISP.
Please provide current investment and interest respecting broadband service in the Town of High Prairie.
Proposals should demonstrate a commitment from the ISP to partner with the Town of High Prairie in completing the application process and providing the necessary engineering information for both the application process and the actual project stage if funding is successful.
Please provide a commitment that your company will provide the following regarding the application process:
a) Information identifying the areas/locations that the project intends to provide access to high-speed internet.
b) Number of households and businesses benefiting from the proposed new or improved service.
c) An estimated cost of the proposed project and the ISP commitment to meet any cost-sharing requirement of a successful grant application.
Please provide a time schedule for the project if funding is successful in 2021, to meet the terms of the Universal Broadband Fund program.
Please indicate that your company will assist the Town of High Prairie in completing the funding application considering the deadline of January 15, 2021, for a Rapid Response application, or February 15, 2021, in the case of standard Universal Broadband Fund application. The Town of High Prairie intends to select a proponent by January 6, 2021.
Proposals should demonstrate a commitment from the ISP to provide all project management and engineering required to complete a successful project.
Any other information you believe would be necessary to assist the Town of High Prairie in selecting your company as the successful ISP.
Evaluation Criteria:
The Town of High Prairie reserves the right to accept or reject any or all proposals based on the criteria immediately below. The Town further reserves the right to accept any proposal without stating reasons based on the following criteria. The Town of High Prairie may consider any other factor besides the criteria that it deems in its sole discretion to be relevant to its decision.
Component Percentage
Number of Households/Businesses Project Will Serve
and level of service 30.0%
Qualifications and Experience 30.0%
Financial Commitment 20.0%
Implementation Schedule 20.0%
Should you require a file in KMZ format contact cao@highprairie.ca