The Corporation of the City of Cornwall

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The Corporation of the City of Cornwall

THE CORPORATION OF THE CITY OF CORNWALL

Request for Proposal # 08-R

DESIGN, BUILD, FINANCE, MAINTENANCE AND OPERATION

OF A MULTIPAD ARENA AND FIELD HOUSE

PROPOSAL CLOSING TIME: , 2008 @ 3:00:00 p.m. (local time) 2

NOTICE TO READERS

This document is a DRAFT document.

It is being printed and circulated for

INFORMATION PURPOSES ONLY.

The document is not finalized.

Additional information pertaining to the project

needs to be added along with

Final revisions and corrections. 3

PURCHASING SERVICES 1246 Ontario Street Cornwall, ON K6H 4C8 Tel: 613 930-2787 ext. 2320

REQUEST FOR PROPOSAL 08-R

DESIGN, BUILD, FINANCE, MAINTENANCE AND OPERATION OF A MULTIPAD ARENA AND FIELD HOUSE

INFORMATION TO PROPONENTS

1. INTRODUCTION

(a) The City of Cornwall has in the last few years evaluated and reviewed the replacement options of their two existing ice arenas.

(b) In January 2008, the City Council of the City of Cornwall approved the construction of a three (3) ice pad arena and authorized its administration to secure a site that will not only be suitable for a three (3) ice pad arena, but also large enough to accommodate a fourth (4) ice pad if and when it is deemed necessary and to proceed to the “Request for Proposal” stage under a P3 concept.

(c) On May 12, 2008, City Council voted in favour of adding a field house to this complex.

(d) In order to meet Council’s direction, a three (3) stage process is being followed:

Stage 1: Request for COMPLETED Qualification (“RFQ”) Stage 2: Request for Proposal Only short-listed and (RFP) approved proponents (“Proponents”) are being invited to respond to this RFP Stage 3: Negotiations and Final With one or more short- Agreement listed Proponents 4

(e) Therefore, through this Request for Proposal, the City of Cornwall is soliciting proposals (“Proposals”) from the Proponents for the design, construction, financing, maintenance and operation of a three (3) ice pad arena and field house (“Project”) under a thirty (30) year agreement.

(f) Definitions

Capitalized terms in this RFP shall have the following meanings:

(i) “ Addendum” and “Addenda” shall have the meaning set out in Section 6(a).

(ii) “Authorization” shall mean the authorization in the form set out in 

(iii) “Business Plans” shall mean 

(iv) “ City” or “City of Cornwall” or “Corporation” shall mean the Corporation of the City of Cornwall.

(v) “City’s Materials” shall have the meaning set out in Section 17(a).

(vi) “Commissionaire” shall have the meaning set out in Section 1.2.10 of Schedule B.

(vii) “Concessionaire” shall have the meaning set out in Section 1.2.10 of Schedule B.

(viii) “Conflict of Interest Declaration” shall mean the conflict of interest declaration in the form set out in Schedule C.

(ix) “Contract” shall have the meaning set out in Section 11(a).

(x) “ Design Committee” shall have the meaning set out in Section 1.2.9 of Schedule B.

(xi) “Development, Design and Construction Plans” shall mean .

(xii) “Evaluation Committee” shall have the meaning set out in Section 16(c)(i).

(xiii) “ Facility” shall have the meaning set out in Section 1.2.4 of Schedule B.

(xiv) “Financial Proposal” shall mean the financial proposal as described in 

(xv) “General Specifications” shall mean .

(xvi) “Key Members” shall mean  5

(xvii) “Meeting” and “Meetings” shall have the meaning set out in Section 13(a).

(xviii) “ Operations” shall have the meaning set out in Section 3.1.2 of Schedule B.

(xix) “Operations and Maintenance” shall mean 

(xx) “Other Person” shall mean any person, corporation or other entity, except for the Proponents.

(xxi) “ Preferred Proponent” shall have the meaning set out in Section 16(c)(iv).

(xxii) “Project” shall have the meaning set out in Section 1(e).

(xxiii) “Proponents” shall have the meaning set out in Section 1(d).

(xxiv) “Proponent and Project Overview” shall mean .

(xxv) “Proponent Team” shall mean 

(xxvi) “Proposal Closing Time” shall have the meaning set out in Section 4(a).

(xxvii) “Proposal Form” shall mean the proposal form in the form set out in 

(xxviii) “ Proposal Form Questionnaire” shall mean the proposal form questionnaire in the form set out in 

(xxix) “Proposals” shall have the meaning set out in Section 1(e).

(xxx) “Purchasing Agent” shall mean the individual named in Section 4(a) or as otherwise identified by the City.

(xxxi) “ Purchasing Services” shall mean the Purchasing Services of the City of Cornwall.

(xxxii) “ Request for Proposal” or “RFP” shall mean this Request for Proposal 08-R.

(xxxiii) “Submission Requirements” shall mean 

(xxxiv)“ Technical Proposal” shall mean the technical proposal as described in 

(xxxv) “Term” shall have the meaning set out in Section 3.1 of Schedule B.

(xxxvi)“Value Added Components” shall mean  6

(xxxvii) “ Work” shall have the meaning set out in Section 3.1.1 of Schedule B.

(xxxviii) “Working Day” shall mean any day other than a Saturday, Sunday or statutory holiday in Ontario.

2. PURPOSE OF THIS REQUEST FOR PROPOSAL

(a) This Request for Proposal is only a request for proposal and is not, and under no circumstances is it to be construed or considered as, an invitation to bid or call for tenders. This Request for Proposal shall be a non-binding process which will assist in the selection of a qualified Proponent to provide the Work and Operations for the Project.

(b) This Request for Proposal does not create any binding obligations upon the City of Cornwall and, for greater certainty, the City of Cornwall shall not be obligated in any manner to any Proponent and the City has no obligation to enter into a contract with any one or more of the Proponents.

(c) The City of Cornwall may, in its sole discretion, proceed as it determines to be in the best interests of the City of Cornwall and to be the most beneficial to the City of Cornwall, following receipt of the Proposals including, without limitation, any one or more of the following:

(i) issue a new request for proposal to one, some or all of the Proponents and/or any Other Person;

(ii) issue an invitation to bid or a call for tenders to one, some or all of the Proponents and/or any Other Person;

(iii) request a proposal from any Other Person;

(iv) proceed with the evaluation process described in Section 16;

(v) enter into discussions or negotiations with any Proponent and/or Other Person with respect to the Project;

(vi) enter into a Contract, on terms acceptable to the City of Cornwall, with one or more Proponents or any Other Person with respect to the Work and/or Operations;

(vii) cancel this Request for Proposal or the Project; and/or

(viii) do nothing in relation to the Proposals.

3. PROCESS

(a) As the short-listed and approved Proponents, you are being invited to respond to this detailed RFP. The RFP document describes the City’s requirements and performance expectations for the agreement with its private sector partners. The City will evaluate the detailed Proposals 7

received and determine whether the City’s objectives can be met, and if so, move forward in accordance with Section 2(c) above.

(b) The Negotiations and Final Agreement Stage is the third and final stage of the process. The specific details of any agreements between the City of Cornwall and one or more Preferred Proponents may be finalized at that time. Negotiations with more than one Proponent or with Other Persons may take place concurrently or consecutively at the sole discretion of the City.

4. OPENING PROPOSALS

(a) Submissions of the Proposals for this Request for Proposals will only be received by the Purchasing Agent (Mrs. Paulette Heard) at 1246 Ontario Street, Cornwall, Ontario K6H 4C8 before 3:00:00 p.m. (local time) on , 2008 (“Proposal Closing Time”). The Corporation will not be responsible for any lost documents or for those documents that aren’t delivered to the proper location.

(b) The opening of Proposals will be in a private session with such persons, corporation or other entity as the City may determine in its sole discretion. Only the names of the Proponents shall be made public by the Purchasing Agent. No other information disclosure shall be made at this time.

(c) All submissions submitted shall become the property of the City of Cornwall.

(d) The City of Cornwall may, in its sole and absolute discretion, extend or postpone the Proposal Closing Time by issuing an Addendum.

(e) Proposals must be received at the address set out in Section 4(a) on or before the Proposal Closing Time. Proposals received after that time may, in the City of Cornwall’s sole discretion, not be considered.

(f) The time of receipt of Proposals shall be deemed to be the date and time indicated by the City of Cornwall on such Proposals.

5. CLARIFICATION

(a) It shall be the Proponent’s responsibility to clarify any points in question (including, without limitation, any errors or omissions which the Proponent may find) with the Purchasing Agent or the Manager of Special Projects, as set out below, prior to submitting their Proposal.

(b) Verbal clarification shall not be interpreted to change the intent or contents of this Request for Proposal. The Corporation retains the right to decline to answer a given enquiry. Any revision to this Request for Proposal will be issued as an Addendum. 8

(c) No employee or agent of the Corporation is authorized to amend or waive the requirements of the RFP documents in any way unless the amendment or waiver is signed by the Purchasing Agent and issued as an Addendum. Under no circumstances shall the Proponent rely upon any information or instructions from the Corporation, its employees, or its agents unless the information or instructions are provided in writing in the form of Addenda issued by the Purchasing Agent. Neither the City, its employees, nor its agents shall be responsible for any information or instructions given to the Proponent, with the exception of information or instructions provided in writing by the Purchasing Agent and issued as an Addendum.

(d) Technical questions should be directed to the Manager of Special Projects no later than , 2008 in writing by email to:

(i) Mr. Fernand Hamelin, C.E.T. Manager, Special Projects Telephone: (613) 930-2787, ext: 2505 E-Mail: [email protected]

(e) Purchasing questions should be in writing and emailed directly to the Purchasing Agent, no later than , 2008, to:

Mrs. Paulette Heard, C.M.T.P. Purchasing Agent Purchasing Services Telephone: (613) 930-2787, ext. 2320 Fax: (613) 932-5919 E-Mail: [email protected]

(f) If the City deems it necessary, then the responses and questions will be put in writing by the Purchasing Agent and distributed to all Proponents as an Addendum.

6. ADDENDA/ADDENDUM

(a) The Corporation will advise the Proponents by a written addendum (“Addendum”) or addenda (“Addenda”), of required changes to the RFP. Changes issued in this manner shall become part of this RFP and shall be delivered to the Proponents at the addresses set out in the Qualifications documents, unless the Proponent provides the City with a new address in writing.

7. RIGHTS RESERVED BY THE CITY OF CORNWALL

(a) Except as expressly provided in Section 23, the Corporation is not liable to reimburse or compensate the Proponents in any manner whatsoever or under any circumstances and the Corporation is not liable for any costs incurred by the Proponents in connection with this RFP (including, without limitation, the preparation of their Proposals, interviews, meetings, 9

discussions, oral presentations, on site demonstrations and any additional information requested by the City) and such costs shall be borne by the Proponents. Furthermore, the Corporation shall not be responsible for any liabilities, costs, expenses, losses or damages incurred, sustained or suffered by any Proponent in connection with this RFP (including, without limitation, prior to, subsequent to, or by reason of the acceptance, or non- acceptance by the Corporation of any Proposal, or by reason of any delay in the acceptance of a Proposal).

(b) The lowest priced or highest rated Proposal will not necessarily be accepted, and the Corporation reserves the right to accept or reject any or all Proposals and/or to exercise any of the other rights set out in Section 2(c).

(c) Proposals that are not in compliance with this RFP, contain reservations, erasures, alterations or irregularities of any kind, unbalanced, unsigned, improperly signed, sealed or prepared, incomplete, conditional, non- conforming or qualified or illegible or obscure may, in the sole discretion of the City, be rejected as informal or retained for consideration and selection and the City may, in its sole discretion, waive any informality or irregularity.

(d) In the event that a Proposal contains an arithmetical error or inconsistency, the City reserves the right, in its sole discretion, to correct or recalculate the error.

(e) The Corporation reserves the right to request any one or more of the Proponents to:

(i) provide additional information;

(ii) modify their Proposal in areas considered to be deficient;

(iii) address specific requirements not accurately covered in their initial Proposal; and/or

(iv) provide references.

(f) Proposals that contain prices which appear to be so unbalanced as likely to affect adversely the interests of the Corporation may, in the sole discretion of the City, be rejected.

(g) The Corporation reserves the right to discuss any and all Proposals, to request additional information from Proponents and to accept or reject any and all Proposals.

8. PROPONENTS

(a) Only those proponents who are selected pursuant to the RFQ process are invited to respond to this RFP. 10

(b) Proponents must disclose in their Proposal any conflict of interest, real or perceived, which exists now or may reasonably arise in the future, with respect to the Project. Without limiting the generality of the foregoing, each Proponent will not have any interest whatsoever in the Proposal of any other Proponent, either directly or indirectly, nor will it enter into any arrangement, agreement or understanding before the Proposal Closing Time that would have such a result.

(c) The City may reject any Proponent that, in the sole opinion of the City, has a perceived or actual conflict of interest now or which may, in the sole opinion of the City, have a perceived or actual conflict in the future with respect to the Project. The Proponent is required to complete the Conflict of Interest Declaration in the form attached as Schedule D.

(d) As a result of their involvement with the Project, the following individuals/firms and their affiliates are not eligible to participate as members of a Proponent (Insert List)

(e) Key Members may not participate in more than one Proposal.

(f) If there are changes to documents or information which the Proponent submitted pursuant to the RFQ (including, without limitation, the Proponent Team) then the Proponent shall submit such updated documents or information as a part of their Proposal and the City may re- evaluate such updated documents or information in accordance with the provisions of the RFQ process. The City may reject the Proposal if the City determines, in its sole discretion, that any such change will negatively affect the ability of the Proponent to satisfy the requirements of the Project.

(g) After the Proposal Closing Time, no changes with respect to a Key Member should be made. However, if a change is necessary, the Proponent shall advise the City of any changes of a Key Member within five (5) Working Days of the change being required. The City may reject the Proposal if the City determines, in its sole discretion, that any such change will negatively affect the ability of the Proponent to satisfy the requirements of the Project. The City may require documentation from the Proponent evidencing any such change in a Key Member.

9. PROPOSAL CONTENT

(a) This RFP is intended to provide a framework for the Corporation to evaluate each Proposal and determine which Proposal, if any, most closely addresses the Corporation needs.

(b) Proponents are encouraged to provide any additional information or innovative approaches not specifically outlined in the context of this RFP. 11

10. CONTRACT

(a) The RFP includes a proposed form of contract (“Contract”) which will be the agreement entered into between the City and the successful Proponent. Proponents who have exceptions or qualifications to the Contract should, as a part of their Proposal, state in writing which terms are unacceptable and specify the following with respect to those terms:

(i) The exact wording of any alternate or additional terms;

(ii) The reason for the requested change;

(iii) The relative importance of the requested change; and

(iv) The value that the change might reasonably bring to the City.

(b) The City reserves the right to accept or not to accept any requested change or additional term and may, during Stage 5 – Negotiation of Contract and Award, discuss the exceptions and qualifications with the Proponent.

11. RESTRICTIONS (By-Law 041, 2002)

(a) Pursuant to City of Cornwall By-Law # 041, 2002, which establishes a policy restricting the use of contractors/vendors, no proposal shall be considered by any contractors/vendors who have initiated a litigation process with the municipality and no consideration will be given for a period of five (5) years from the conclusion of the litigation. This policy is subject to certain exceptions.

12. COMMERCIAL MEETINGS

(a) After the Request for Proposal (RFP) is made available, individual meetings will be held (consecutively or concurrently, at the sole discretion of the City) with all interested Proponents. The purpose of such a meeting (hereafter called a “Meeting” or “Meetings”) is to allow a Proponent a forum during which it will have an opportunity to propose its suggested Project structure to the City to ensure that it, or they, meet the City’s requirements and are acceptable and to otherwise raise any concerns with the City regarding the RFP. The intended benefit of these Meetings will be to promote high-quality Proposal submissions to the RFP.

(b) No statement, consent, waiver, acceptance, approval or anything else said or done by the City or its advisors in any Meeting or Meetings shall amend any provision of the RFP or any other agreement, or be binding on the City, or be relied upon in any way by a Proponent or Proponents, except when and only to the extent confirmed in writing by the Purchasing Agent to the Proponents by Addendum. 12

(c) The City reserves the right, in its sole discretion, to have any of its advisors participate in such Meeting or Meetings. The City further reserves and has the right, in its sole discretion, to issue written guidance notes, directions or an amendment to the RFP by way of Addendum to all Proponents prior or pursuant to any Meeting or Meetings or with respect to any and all matters discussed at the Meeting or Meetings and all such matters shall not be treated in a confidential matter by the City.

13. INFORMATION NECESSARY TO PREPARE PROPOSALS

(a) The Proponents shall examine the Request for Proposal and, in accordance with Section 5, promptly notify the City of any conflict, error, omission or inconsistency. In addition, the Proponents shall carefully examine the Project site before submitting a Proposal and shall satisfy themselves as to the nature and location of the Project, local conditions, subsurface conditions, topography, the nature and quality of materials to be used, the equipment and facilities needed before and during the execution of the Work and Operations, and all matters which may in any way affect the Work and Operations.

(b) The Proponent is fully responsible for obtaining all information required for the preparation of its Proposal and for the execution of the Work and Operations. Proponents should independently inform and satisfy themselves with respect to any information contained in the RFP or provided by the City.

(c) The City provides no assurance as to the accuracy, sufficiency, appropriateness or completeness of any of the information provided as part of the RFP process, including, without limitation, geotechnical data and environmental data provided to Proponents.

(d) The Proponents shall not rely upon any oral information provided to them by the City or its representatives or advisors. 13

14. THE CITY’S MATERIALS

(a) All schedules, data, materials, requirements, designs, documentation, plans and information obtained by or made available to the Proponents in connection with this Request for Proposal (including, without limitation, the Request for Proposal documents) (collectively, the “City’s Materials”) are the property of the City and must be treated as confidential and not used for any purpose other than replying to this Request for Proposal and the fulfilment of any subsequent contract. Their issue or availability does not confer a license or grant for any other purpose. Upon request of the City, all of the City’s Materials (in any format and all copies thereof) shall be immediately returned to the City.

(b) While the Corporation has used considerable efforts to ensure an accurate representation of information in the City’s Materials, the information contained in the City’s Materials is supplied solely as a guideline for Proponents. The City’s Materials are not guaranteed or warranted to be accurate by the Corporation, nor is it necessarily comprehensive or exhaustive and the City does not accept responsibility or liability for the City’s Materials.

(c) Nothing in this Request for Proposal is intended to relieve Proponents from forming their own opinions and conclusions with respect to the matters addressed in the Request for Proposal. Without limiting the generality of the foregoing, the Proponent is responsible for obtaining its own independent legal, accounting, engineering and technical advice with respect to the City’s Materials and to obtain any other information which they may require.

15. FORM OF PROPOSALS

(a) Evaluation of Proposals is made easier when Proponents respond in a similar manner. Details on format to be followed are provided specifically in Schedule C but also throughout the RFP.

(b) The Proposal shall be in accordance with the requirements set out in the Proposal Form Questionnaire and include, without limitation, the following:

(i) Proponent and Project Overview;

(ii) Development, Design and Construction Plans;

(iii) Business Plan;

(iv) Operations and Maintenance;

(v) Value Added Components; 14

(vi) the Financial Proposal;

(vii) the Technical Proposal;

(viii) Authorization;

(ix) list of Key Members and subcontractors;

(x) list of exceptions or qualifications to the form of Contract with related information; and

(xi) updated RFQ documents and information from the Proponents.

(c) [For team Proposals, the company named as the representative shall execute the Proposal Form according to above requirements.]

(d) Proposals must be in hard copy form and filled out in ink or typewritten. Proposals will not be accepted by facsimile or email.

(e) Proposals must be written in English.

(f) Except as provided for in this RFP, Proposals shall not be withdrawn, modified, or clarified after being deposited with the City of Cornwall’s Purchasing Agent unless such withdrawal, modification or clarification is made in writing and received by the City of Cornwall’s Purchasing Agent prior to the Proposal Closing Time. Any withdrawal, modification or clarification of the Proposal must be duly executed in the same manner as the Proposal Form. In any event, where more than one Proposal is submitted by a Proponent prior to the Proposal Closing Time, the last Proposal to be received shall be deemed to have revoked any prior Proposal by the respective Proponent.

16. EVALUATION AND AWARD CRITERIA

(a) If only one Proposal meets all Submission Requirements and is not otherwise disqualified, the City may still complete the full evaluation of that Proposal.

(b) The City’s consideration and selection process will be based on which Proponent or Other Person has provided a Proposal or proposal which the City determines in its sole and absolute discretion to be the most beneficial to, and in the best interests of, the City. Without limiting the generality of the foregoing, the City will rely on a Public Sector Comparator to ensure that the City obtains the best value proposal.

(c) Evaluation will occur in the following Stages:

(i) Stage 1 – Submission Requirements Evaluation

(A) The City will determine the Proposals which comply with all Submission Requirements as determined at the sole 15

discretion of the City’s evaluation committee (“Evaluation Committee”) using the entire Proposal. A Proposal which does not comply with all Submission Requirements may, subject to the express and implied rights of the City, be disqualified from further consideration.

(ii) Stage 2 – Requirements Evaluation

(A) Stage 2 of the evaluation will consist of evaluating Proposals based on predetermined evaluation criteria. The Proposal or Proposals receiving the highest scores will be recommended by the Evaluation Committee to proceed to the next stage of the evaluation. The Requirements Evaluation will be based on evaluation of the categories, as summarized below:

Evaluation Category Available Points

TOTAL

The total scores for the Proposal will be determined by adding together the scores for the Technical and Financial sections of the Proposal.

(B) Documents and Information from the RFQ will also be considered.

(C) The City will not be limited to the criteria referred to above, and the City may consider other criteria that the City identifies as relevant during the evaluation process. The City may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent’s Proposal to another Proponent’s Proposal.

(iii) Stage 3 – Short List and Further Evaluation

(A) The number of short-listed Proponents for further evaluation will be at the sole discretion of the Evaluation Committee.

(B) The short-listed Proponents may be required to each provide a presentation (concurrently or consecutively, at the sole discretion of the City) to the Evaluation Committee. These 16

presentations shall not exceed two hours with an additional one hour allowed for questions by the Evaluation Committee.

(iv) Stage 4 – Selection of Preferred Proponent

(A) At the conclusion of Stage 3, the City may, in its sole discretion, select one or more preferred Proponents (collectively, the “Preferred Proponents”) using any existing or new or updated information acquired during the previous stages of the evaluation.

(v) Stage 5 – Negotiation of Contract and Award

(A) If the City selects a Preferred Proponent or Preferred Proponents, then it may:

(1) enter into a contract with the Preferred Proponent; or

(2) enter into negotiations or discussions with the Preferred Proponent(s) (concurrently or consequenty, at the sole discretion of the City) to discuss or negotiate their applicable Proposals or discuss or negotiate additional or different matters to those described in this Request for Proposal or in their applicable Proposal or modify any term in this Request for Proposal (including, without limitation, the form of Contract and the exceptions to the form of Contract forming part of their Proposals), or to clarify any outstanding issues and attempt to finalize the terms of the Contract including, without limitation, commercial and business terms. If the negotiations and discussions are successful, the City and the selected Preferred Proponent will finalize the Contract; or

(3) require one, some or all of the Proponents to submit supplementary documentation clarifying or changing any matters contained in their applicable Proposal or submit other additional information (within such time as set by the City) or the City may prepare a written interpretation of any aspect of a Proposal and seek the applicable Proponent’s acknowledgement of that interpretation (within such time as set by the City). The City is not bound to seek clarification of any aspect of a Proposal; or

(4) if at any time the City forms the opinion that a mutually acceptable Contract is not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to terminate negotiations 17

and discussions, in which event the City may then open discussions with another Proponent, terminate the RFP or otherwise act pursuant to its rights and remedies in this RFP (including, without limitation, those set out in Section 2(c)).

(B) In no event will the City be required to enter into discussions or negotiations on similar or other terms or offer any modified terms to any Proponent. The City shall incur no liability or responsibility to any Proponent as a result of these discussions, negotiations or modifications.

(C) The selection, if any, of a Proposal or any part thereof shall only be made in writing by the City.

17. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)

(a) In accordance with the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”), this is to advise that the personal information Proponents provide is being collected under authority of the Municipal Act and will be used exclusively in the selection process. All Proposals submitted become the property of the Corporation of the City of Cornwall. Because of MFIPPA, Proponents are reminded to identify in their Proposal any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Accordingly, all such information shall be maintained in confidence in accordance with MFIPPA, except as such information is made available by the City (in its sole discretion) to third parties pursuant to the City’s exercise of its rights and remedies pursuant to this RFP or such other rights or remedies available to the Owner.

(b) Complete Proposals are not to be identified as confidential.

18. TAXES

(a) The Federal Goods and Services Tax and the Ontario Provincial Sales Tax (“PST”) (if applicable) shall be shown separately as extra.

(b) Real Property – Ontario Provincial Sales Tax should not be added to the Proponent’s material or labour charges. The material involved is being installed so that it becomes a fixed part of the City’s building(s) and/or land. As such PST in not applicable on a Proponent’s charges to the City because of the “real property” provisions within the Ontario Provincial Sales Tax legislation, being the Ontario Retail Sales Tax Act, section 90- 66 and Regulation #1013, section 1., Guide # 206 - Real Property & Fixtures. 18

19. DISCLOSURE OF INFORMATION

(a) Proponents shall not discuss or communicate, directly or indirectly, any details pertaining to or in connection with their Proposal and the Request for Proposal to anyone not specifically involved in their Proposal (including, without limitation, any other Proponent) without the prior written approval of the City. Without limiting the generality of the foregoing, each Proposal shall be submitted without any connection, knowledge, comparison of figures or arrangement with any other Proponent and each Proponent will be responsible to ensure that its participation in this process is conducted fairly and without collusion or fraud.

(b) Proponents shall not issue a news release or other public announcement or otherwise disclose any information pertaining to any details of their Proposal, or the outcome thereof, or the selection process, in whole or in part, without the prior written approval of the City.

20. OWNERSHIP

(a) All copies of material and information prepared by or for the Proponents in connection with or in relation to the Proposals and delivered to the City and all other material and information delivered to the City by the Proponents in connection with or in relation to the Proposals including, without limitation, the Proposals (collectively, the “Proposal Materials”) shall be the sole and absolute property of the City.

(b) Each Proponent shall grant to, or agree to obtain for, the City an irrevocable, royalty free and cost free license in the Proposal Materials, transferable or licensable to third parties, to:

(i) reproduce, amend or have amended the Proposal Materials as may be required by the City; and

(ii) use the Proposal Materials for any and all purposes relating to the Project or any other project (including, without limitation, to perform or complete the works for the Project or any other project, in connection with additions to the Project or any other project and the testing, repair, maintenance, rehabilitation, use, occupancy, operation, alteration, modification, expansion of the Project or any other project).

21. LAWS

(a) This Request for Proposal shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. 19

22. COMPENSATION FOR PARTICIPATION IN RFP / BREAK FEES

If the City exercises its rights under Section 7 of the RFP to terminate the RFP process prior to entering into the Concession Contract with the Concessionaire, the City will pay a fee (“Break Fee”) to each Proponent in an amount equal to the lessor of:

(a) The actual reasonable costs incurred by the Proponent in preparing its Proposal from and after the release date of the RFP; or.

(b) CAD $50,000 (inclusive of any taxes payable).

Upon execution of the Concession Contract, the City will pay $75,000 (inclusive of any taxes payable) to each unsuccessful Proponent that submits a bona fide Proposal. SCHEDULE A FORM OF OFFICIAL RFP DOCUMENT LABEL

OFFICIAL RFP DOCUMENT - RFP No. 08-R

DESIGN, BUILD, FINANCE, MAINTENANCE AND OPERATION OF A MULTIPAD ARENA AND FIELD HOUSE

PROPONENT NAME: 

PROPOSAL CLOSING TIME: , 2008 @ 3:00:00 p.m.

DELIVER TO:

THE OFFICE OF THE PURCHASING AGENT CORPORATION OF THE CITY OF CORNWALL PURCHASING SERVICES 1246 ONTARIO STREET CORNWALL, ONTARIO K6H 4C8

The Proponent shall complete and affix (glue/tape) this page to the outside of their sealed box prior to submission so that it is visible to the Office of the Purchasing Agent. 21

SCHEDULE B TERMS OF REFERENCE

The purpose of this Project is to establish a 30 year design, build, finance, operate, and maintain agreement to provide services to the City of Cornwall.

1. OBJECTIVES & GUIDING PRINCIPLES

1.1 Objectives:

The users of the City of Cornwall’s municipal arenas purchased  hours of prime time ice in the 2006-07 season and  hours of prime time ice in the 2007-08 season.

The need for ice time was identified through the Feasibility Study to Evaluate Replacement Options for the Bob Turner Memorial Centre and Si Miller Arena Report (the “Report”). The Report identified the need for four ice surfaces. Proponents are expected to undertake their own due diligence and market research as a basis for their submissions and business plan.

Prime time ice is a 32 week window in the winter ice rental season, which is described as approximately September through April.

The Cornwall Indoor Soccer Association (the “Association”) has been operating an indoor soccer dome (the “Dome Facility”) for seven years which includes an indoor field of 100 feet by 200 feet, an indoor tennis court, a small lounge and washrooms. This facility operates from the month of October to the month April from 8:00 AM to 11:00 PM, seven days a week. There are approximately 2000 participants in various leagues such as youth leagues and adult leagues, etc. Every year, the Association has held 4 tournaments involving 1000 participants. The nature of the Dome Facility and the lack of available floor time has limited the amount of events that the City has been able to host because the Dome Facility is an inflated dome without air conditioning, only the tennis court is being used on a limited basis in the summer months. The Dome Facility is also being used by other sport organizations such as flag football, lacrosse, and ultimate frisbee during the winter months.

Once the Project is completed, it is understood that the present operation at the Dome Facility will be terminated.

The Proponent will be expected to distribute, schedule and sell ice time based on the City of Cornwall Ice Allocation Policy, a copy of which is attached as .

1.2 Guiding Principles:

The following shall be used as guiding principles for the Project and Proposals:

1.2.1 Provide a value for money solution to the City; 22

1.2.2 Optimize risk transference by allocating risks to the parties that can best deal with them;

1.2.3 Provide effective and efficient service delivery;

1.2.4 Construct the Project in a manner that satisfies, at a minimum, the demand required by the City, including sufficient parking and amenities;

1.2.5 Consistent and appropriate service levels will be provided throughout the Term;

1.2.6 No incremental service charges will be payable by the City’s designated facility users (e.g. parking charges);

1.2.7 Customer service is a key driver;

1.2.8 Patron safety and security, aesthetic congruency, and environmental matters are important considerations in the design;

1.2.9 Project will meet all City standards (i.e. accessibility) and the City’s design committee (“Design Committee”) standards and there will be no dispensations from adhering to the City’s regulatory framework (i.e. zoning);

1.2.10 Management and programming will be the responsibility of the successful Proponent (“Concessionaire”);

1.2.11 Marketing efforts will be in line with the site users’ profile (i.e. family environment);

1.2.12 The Project will be designed with sustainable development objectives in mind and allow for LEED silver certification;

1.2.13 Energy efficiency measures such as heat exchange, cooling from snow melt pit, heat recovery from ice production micro turbines are encouraged;

1.2.14 Complementary services will be permitted at the site;

1.2.15 Operational efficiencies will be maximized in accordance with the recreation centre (i.e. staff, hours of operation, energy, maintenance); and

1.2.16 Community consultation regarding design and program priorities is a requirement. 23

2. GENERAL SUMMARY OF WORKS

The facility should include the following component and features: 2.1 Three (3) NHL size ice rinks with seating capacity of 500 for 1 rink and 300 for the other 2 rinks.

2.2 One (1) field house consisting of one tennis court suitable for doubles play and one soccer pitch 100’ x 200’ field size with 6’ perimeter fringe beyond and seating capacity for 300 spectators.

2.3 Disabled accessible viewing positions including companions in the warm viewing areas.

2.4 Ample storage and display spaces of approximately 2000 sq. ft. for community purposes, on the ground floor.

2.5 Multi gendered dressing rooms with ample bench seating for 20 adults, coat hooks, self contained washrooms and shower facilities c/w water bottle filler station and stick rack near the door (for ice rinks). Provide 6 dressing rooms per ice pad and 4 dressing rooms for the field house.

2.6 Officials/referees dressing rooms c/w self contained washrooms and shower facilities. Provide 4 dressing rooms for 6 people each, two for adult/youth and male/female.

2.7 Female and male accessible washrooms sufficient in size and number of fixtures to accommodate anticipated occupancy loads.

2.8 Concessions sufficient to appropriately address the occupancy load in accordance with generally accepted industry standards.

2.9 Lounge with view of all arena floors on the second floor c/w mini hockey stick play area.

2.10 Main lobby, concourse and circulation areas.

2.11 Facility administration offices.

2.12 Ticket sales office and information area.

2.13 Ground floor multi-purpose room including folding wall (approximately 4000 sq. ft). May function as a fitness room as well.

2.14 State-of-the-art Information Technology systems in all areas.

2.15 State-of-the-art sound system in all areas.

2.16 Pro shop. 24

2.17 Injury Management Centre/First Aid room including sports medicine.

2.18 Staff room, janitor rooms and shop area.

2.19 Electrical, mechanical and sprinkler rooms.

2.20 Security system.

2.21 Closed circuit television (CCTV) system.

2.22 Ice resurfacing machine rooms with ice melt pits.

2.23 Elevator(s) and elevator lobbies.

2.24 Ample multi-functional storage areas for events, public usage, equipment and operations.

2.25 High quality scoreboards and state-of-the-art audio/visual equipment.

2.26 General seating – individual seats, proponent to propose minimum chair width and tread depth.

2.27 This project should provide a minimum of 3 credits towards LEED® accreditation and part of that will include the use of CIMCO Eco Chill system to reclaim heat energy for use in under-floor heating, ice melt pits, pre-heating domestic water, etc.

2.28 It is anticipated that up to 2 ice sheets will be operated during the summer.

2.29 The field house should have tempered fresh air supply and air conditioning for summer use.

2.30 The design shall include an emergency generator to provide as a minimum, power for life safety systems such as emergency lighting, exit lighting, fire alarm system and to provide power for all systems necessary to maintain and operate the refrigeration plant to retain the ice intact.

3. PROJECT SCOPE

3.1 Work and Operations

The services to be provided by the Concessionaire have two phases:

3.1.1 Undertake the work (“Work”), being the design, construction and commissioning of the Project; this includes demolition, site preparation, clean-up and servicing.

3.1.2 Operate and maintain (“Operations”) the Project so as to satisfy the requirements of the Operating Agreement, to be negotiated with the Preferred Proponent. 25

The Concessionaire will provide or arrange for financing for both the Work and the Operations throughout the term of the Contract (“Term”).

3.2 Scope Associated with the Design and Construction of the Project

3.2.1 The design and construction of the project will reflect a superior facility that will cater to all members of the community. It will be a multi-use community center that will enhance the quality of life for the citizens of Cornwall and that will have a positive economic effect on the community. It will be designed and constructed to host ice events such as hockey, figure skating and public leisure/recreational skating, curling on occasion, dry floor events such as lacrosse and dry floor hockey and other similar community events and exhibitions. In addition, the facility will have a field house for the play of soccer and one double tennis court.

3.2.2 The design and massing of the facility will reflect the role of Cornwall as the leading social, recreational and cultural community centre of the region and will recognize the character of the city. The project will be significant landmark and will have a lively and active interior plan and building facade.

3.2.3 The site will provide for parking, vehicle & pedestrian circulation, landscaping, public art and a public plaza. The plaza is seen as an outdoor room which, through its attention to design and scale, can support a wide range of public activities and public art and will provide a landscaped forecourt to the building with comfortable circulation, outdoor seating areas, public transit drop-off, vehicle drop-off, disabled parking, etc.

3.2.4 Site planning and development will include provisions for enhanced public transit and tour buses and will provide convenient truck access and egress with on site movement and loading in order to minimize the impact on the neighbourhood.

3.2.5 Finishes and materials will reflect the importance of the multi-use community centre to Cornwall and the region both in imagery and function. Building material selection will be determined by requirements for high quality, maximum durability and low maintenance within the limitations of the project budget in order to maximize the quality and life of the building. To achieve important aesthetic facade, it is anticipated that significant elements of the building will be clad with masonry.

3.2.6 The uses described and planned will be within one envelope allowing effective interaction between the different components and the plan will be organized efficiently allowing visibility and activity between spaces while allowing the inter-functionality of various operations and uses. The design will allow the facility to have 26

constant life and activity whether it is at full capacity during peak periods or fewer people at off-peak times.

3.2.7 The main lobby and concourse areas will act as interior streets located to provide meeting points among the users of the entire facility in the form of transitional social spaces incorporating concessions, seating, accent lighting and access to dressing rooms, washrooms and spectator seating areas.

3.2.8 The primary objectives in the design and construction of the arena venue area and spectator seating areas are to provide comfortable seating and unobstructed views of the events from all parts of the arena, ensure safety in all areas and produce a convenient, comfortable and accessible venue which is flexible and can accommodate a number of activities. Seating areas shall be designed to meet can/csa-z262.7-04.

3.2.9 The design and construction of the building will conform to the requirements of all applicable codes and standards and will incorporate specific NFPA 101 life safety requirements for fire protection and life safety measures for arena facilities.

3.2.10 This building is to achieve LEED®, silver as a minimum level of sustainability design.

3.2.11 Develop and implement procedures for project management, document control, quality control, and quality assurance.

3.2.12 Obtain all permits and approvals which may be required from the City or from other governmental bodies or agencies having jurisdiction, subject to the discretion on the part of the City or such other bodies or agencies to grant or withhold such permits or approvals.

3.2.13 Site servicing will be included in the construction costs.

3.2.14 Neighbourhood relations including dust and noise control.

3.2.15 Construction and operational safety.

3.2.16 Public relations and communications.

3.2.17 Test, trouble-shoot and commission the Project.

Other than land acquisition, the Concessionaire shall undertake any function and provide any material reasonably required, but not listed above, to design, construct and open a fully functioning Facility.

The Proponent is required to design and develop the layout of the Project, including driveways and servicing, taking into consideration adequate 27

space, access for ease of operation, maintenance, safety and construction sequencing and integration of the Project into the surrounding site. All plans and studies must be approved by the City.

3.3 Scope Associated with the Operations of the Project

The Concessionaire will be responsible for the overall operation, repair and maintenance of the Project and Facility to be constructed in a manner that is in compliance with the requirements of this RFP, and that maintains the utility of the assets over the Term. The services to be provided during the operating phase will be negotiated with the Preferred Proponent through an agreement, along with monitoring requirements for such services. The Concessionaire shall generally provide any services reasonably required, but not listed, to operate, repair, sustain and maintain a fully functioning Facility for the duration of the Contract.

The following generally summarizes the operating scope and requirements of the Concessionaire and will be detailed in the Contract:

3.3.1 Provide trained personnel to operate and maintain the Facility; provide adequate supplies of maintenance and repair supplies.

3.3.2 Operate the Facility as a sports facility in a cost effective way.

3.3.3 Maintain the Facility in first class condition.

3.3.4 Maintain all permits required to operate the Facility.

3.3.5 Operate the Facility within the operating guidelines, as established by the City.

3.3.6 Develop a long term budget for costs required to maintain, repair, and operate the Facility.

3.3.7 Make capital expenditures required to maintain the condition of the Facility and replace any elements of the Facility that may require replacement.

3.3.8 Perform routine maintenance, repairs and replacements and annual rehabilitation in accordance with an annual operating and maintenance audit.

3.3.9 Perform “extraordinary work” related to the Facility as requested by the City and as specified in the Contract. Extraordinary work will be defined in the Contract but may include mutually agreed changes to the Facility such as technology upgrades and the like.

3.3.10 Provide an aggressive, proactive sport program for all ages.

4. PROJECT REQUIREMENTS 28

4.1 Design, Development and Construction Plans

The facility design and layout must be functional as well as:

4.1.1 be aesthetically pleasing (inside and out);

4.1.2 promote ease of pedestrian flow, avoid congestion and maximize space utilization;

4.1.3 create a secure and safe environment (i.e. reflect Crime Prevention Through Environment Design (CPTED) principles);

4.1.4 promote energy efficiency and, allow for LEED Silver certification;

4.1.5 enable maximization of potential operational efficiencies, where feasible;

4.1.6 be consistent with latest industry standards and trends; and

4.1.7 meet all statutes, regulations, codes and by-laws applicable to the design with the authority having jurisdiction.

Appendix  sets out the City of Cornwall Multipad Arena Specifications for Arena Construction; this document does not necessarily indicate a preferred solution but is to be used as a guideline.

4.2 The Proponent is required to provide a community consultation plan in accordance with the requirements as set out in Section 

4.3 The Concessionaire must coordinate with the City’s Design Team to ensure the above conditions are met and coordinated.

4.4 Site Development and Construction Plan

The City has undertaken and provided electronic copies of the following:

4.1.8 Geotechnical Reports on the site;

4.1.9 Sketch Plan of Proposed Site (Schedule  to the General Conditions).

4.2 Confined Space

It shall be the Concessionaire’s responsibility to provide the City of Cornwall with the following information:

(i) Proof of training in confined space entry. (ii) A list of safety equipment to be used in the confined space entry. (iii) A valid confined space entry permit. (iv) Any other requirements of the act 29

The City expects that the Concessionaire will bear the capital and ongoing maintenance cost associated with the parking and landscaping for the project.

4.6 The Concessionaire shall review all statutes, regulations, codes and by- laws applicable to the design with the authority having jurisdiction. The Concessionaire shall apply for and obtain all consents, approvals, licenses and permits necessary for the project.

4.7 The Concessionaire is to ensure the design is reflective of the CDC design principles and will be responsible for the cost of any changes, if required, set forth by the CDC in order to obtain approval. All costs associated with development permits and approvals should be factored into the Concessionaire’s overall costs. [The City does not anticipate any change in pricing as a result of the CDC approval process.] 30

SCHEDULE C SUBMISSION REQUIREMENTS

This section summarizes the materials the Proponents must provide in their Proposals. Proponents are encouraged to carefully read all RFP Documents to develop an overall understanding of requirements for the Project, as well as the specific requirements included in this section.

Proponents must use the section numbers and titles shown in the tables below in their Proposals. Proposals not conforming to the naming and numbering conventions provided below run the risk of impairing the ability of the Evaluation Committee to accurately evaluate the Proponent’s Proposals.

Proposal Format

Proponents shall submit their Proposals in accordance with the following format requirements, unless otherwise specified in this RFP:

(c) be in 3-ring binder(s) on single sided 8.5" X 11" paper and every page should be numbered;

(d) be in text of 1.5 X spaced and not smaller than 11 point typeface where practical;

(e) include one original and eight (8) hard copies, plus one (1) electronic copy of the Financial Proposal;

(f) include one original and eight (8) hard copies, plus one (1) electronic copy of the Technical Proposal; and

(g) be in English.

Each Proposal may include additional materials not required by this RFP. The City may, but is not obliged to, consider such additional information and reserves the right to decide in its sole discretion whether and to what extent such information will be considered.

Part A: Mandatory Requirements

PART A: MANDATORY REQUIREMENTS Item Contents Cover Letter Proponents should provide a cover letter that includes: . Confirmation of the Company/Firm name, Key Individuals and significant team members for each of the following as applicable: o Consortium/Lead; o Equity Providers; o Design Team; o Construction Team; o Facility Management Team; 31

PART A: MANDATORY REQUIREMENTS Item Contents o Financial Advisor; o Legal Advisor; and o Other(s) (please specify). If there have been any changes to team members or Key Individuals as were specified in the Proponent’s RFQ Proposal then any such changes should be approved by the City. . Name and contact details for the Proponent’s Representative. o Name; o Employer; o Mailing/Courier address; o Telephone number;. o Facsimile number.; o E-mail address; and o Website address. The Proponent’s Representative will be the only point of contract for the Proponent from the City regarding this RFP. Proposal Form . Each Proposal shall include a Proposal Form duly completed and referencing all supporting documentation. . Proposal Forms shall be properly executed in full compliance with the following requirements: o the signatures of persons executing the Proposal Form must be in their respective handwriting; o if the Proposal Form is submitted 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; o if the Proposal Form is submitted 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; o if the Proposal Form is submitted by an individual carrying on business under a name other than its own, its business name together with its name shall be printed immediately above its signature; or o if the Proposal Form is submitted by a sole proprietor who carries on business in its own name, the proprietor shall print its name immediately below its signature. Power of Attorney . Proposals received from agents representing principals must be accompanied by a Power of Attorney duly executed by the said principals showing that the agents are duly authorized to sign and submit the Proposal and have full power to execute the Proposal on behalf of their principals. The execution of the Proposal will have the same effect as if it were duly signed by the principals. Authorization for City to . Proposals are to include an Authorization in favour of the City Make Enquires authorizing the City and its advisors to make such enquiries as the City deems appropriate, including contacting any reference provided by the Proponent as well as any person involved with the services referenced or previously provided by the Proponent. Part B: Scored Requirements (Technical Proposal) 32

PART B: TECHNICAL PROPOSAL Item Contents 1.0 Proponent and Project Overview 1.1 Confirmation of The Proponent must provide confirmation in the form of a letter from an Proponent individual with the authority to bind the Proponent stating that there have been no changes to information provided in its Proposal to the RFQ regarding: . The companies or firms listed as the Proponent Team (including Key Team Members) and, . Key Individuals listed for the Proponent Team.

If deviations are proposed from the above, the Proponent must obtain consent by the City in accordance with Section 4.11 of the RFQ. 1.2 Concessionaire / City Provide a plan that describes how the Proponent intends to enhance the Business business relationship between Concessionaire and the City. Elements of the Cooperation Plan plan shall include: . Statement of its proposed vision, mission, and strategy that the Proponent believes the City will share and support. . Management interface structures, with description of proposed reporting and communications protocol with the City and other stakeholders. . Expected responsibilities and approval processes required from the City by the Proponent. . How the Proponent will foster and promote a positive relationship with the City and other stakeholders to enhance the long-term benefits for all parties involved. 1.3 Integration of Project Submit a description of the Proponent’s strategy to maximize integration of Team the activities of the design team, construction team, and operating and maintenance team to achieve an efficient and highly functional design, including: . A description of the methodology to be used to coordinate the integrated design process, and an illustrated process to show how design decisions are developed. . Optimization of life-cycle design choices that meet or exceed the technical requirements in Schedule [ ] of the RFP. . Building systems design choices that meet or exceed the reliability and availability requirements while optimizing energy efficiency. . Design choices that ensure the operating and maintenance standards of Schedule [ ] the RFP can be met or exceeded without compromise. 1.4 Design Completion Describe the Proponent’s proposed process to complete the design stages, Process including: . Involvement of entire Proponent team in design completion; . Availability of resources for duration of process; . Identification of design risks and constraints, if any; . Detailed schedule to completion of schematic design, design development, and construction documents stages; . Methodology for advancing design resolution including use of mock-ups; . Proposed process to ensure effective design consultation throughout the design process; . Design quality assurance; and . City design approval and sign-off process 1.5 Quality Control Describe the quality control practices the Proponent will employ to ensure 33

PART B: TECHNICAL PROPOSAL Item Contents Management that it and its construction subcontractors will maintain the highest standards of finish and workmanship throughout the construction process, including: . A statement from the contractor emphasizing a commitment to the principles of excellent product quality. . A brief outline of the Proponent’s policy for a project quality inspection regime. 2.0 Design, Development, and Construction Plans 2.1 Project Timelines The City requires the facility no later than September 1, 2010. Proponents are to provide their detailed schedule of activities and associated realistic timeline to meet this goal. Proponents are to provide: . clearly legible timeline/schedule illustrating critical milestones, required approvals, community consultation, design, construction, commissioning and start of operations, etc.; . note on ability to accommodate potential changes and delays in the process; . track record or on time/on budget and associated critical success factors; . list of management tools and/or contingency plans previously used and planned to oversee the project, address slippage and ensure design and construction quality; . any alternatives which could accelerate timelines to meet construction substantial completion of June 1, 2010; . options to ensure the required City facility is rendered by September 2010; and . clear delineation of any expectations of the City to meet the timelines identified. 2.2 Site Development and The Site Development and Construction Plan is to: Construction Plan . Outline the issues in the development and construction phase and the method to address or mitigate such issues including, without limitation, those related to: o project timing; o milestones; o zoning; o traffic circulation; o parking; o municipal servicing; o environmental assessment and sensitivity; o user access; o communication; o neighbourhood construction; o impact (disturbance) and remedies; o plan approval and building permits; and o soil, topography, landscape. . Outline lines of communication and authority between on-site staff and other company operations, corporate office and the Project Coordinator for the City. . Describe project delivery process for Project implementation. . Describe innovations that will positively impact the Project. 34

PART B: TECHNICAL PROPOSAL Item Contents

2.3 Schematic Plans and The Proponent must provide architectural drawings for the proposed arena Elevation Drawings complex which must recognize the RFP requirements. The submission must include: . Schematic Design Drawings o Site Plan (scale 1:1000) o Building Plans (scale 1:500) o Elevations (scale 1:500) . Written description of the compatibility of the design with the community. . Description of facility systems (i.e. Building Automation system, ice surface equipment) and/or features; and recognize the City’s standards (provide rationale where inconsistent with City or industry standards). . A description of the building performance standards they will meet or exceed, particularly as they relate to environmental conditions of the facility, life-management (preventive and capital investment), etc. These should include standards such as the ‘Model National Energy Code of Canada for Buildings’ for the building envelope and applicable ASHRAE standards for the HVAC systems with interior spaces. . A description of the systems or processes used to identify, fund, plan, schedule, implement and document building related requests, repairs and capital investments. . A colour rendering of the facility, elevations and perspective. 2.4 Design Written The Facility will create an attractive, practical and pleasant environment for Component City of Cornwall residents. The Proposal should: . show the relationship of the proposed structure to the site, site servicing and the surrounding area; . demonstrate understanding and compatibility to the proposed landscaping plan; . identify, describe and demonstrate the functionality of amenities and additional program features such as parking, shipping and receiving, exits, traffic flow, pedestrian linkages; . illustrate all parking provided and required through applicable zoning is to be summarized including sizes and number of spaces; . provide a general description of interior design elements and finishes; . outline the size and relationship of spaces, internal and external building circulation patterns; . provisions for accessibility and security; . provide information on the proposed type of exterior cladding and other external surface materials that will be used on the arena to ensure compatibility in terms of aesthetics, quality and durability; . highlight building form, massing, fenestration, proposed for exterior; . describe, if applicable, any measures to improve facility durability, usability and provide efficiencies (i.e. integration, circulation/flow, shared components, etc.); . identify any environmental or other site conditions/factors which influenced the design, layout, material; . outline any other value added elements; . list sustainability/energy efficiency measures that will be employed towards the LEED certification; and . the Proponent, through their experience with ice surfaces and related 35

PART B: TECHNICAL PROPOSAL Item Contents industries, may propose innovative operational processes that can benefit the City through improved operations or services. The Proposal should identify any such opportunities, provide supporting feasibility documentation and indicate the level of participation expected from the City. 3.0 Operations and Maintenance The Concessionaire will be responsible for the operations, maintenance and management of their proposed Facility. Proponents are to outline the process in place to ensure continued efficient and quality management and services of the Facility. Proponents should provide an Operational and Maintenance Plan that demonstrates how the facility will be operated and maintained to the City standards and expectations, and maintain the residual value of the building. As such, the Plan should address, at minimum, the following. 3.1 Operating Plan The Proponent is to provide an operating plan and describe their management approach for the delivery of the plan inclusive of: . An organizational structure by functional area. . Staffing of core position and related roles, responsibilities and required qualifications for each position including Building Manager; . Identification of major subcontractors including the type of work, responsibilities, legal name, address. . Demonstrate compliance with staffing legislative requirements for proposed facility and activities and adequacy of trained personnel for the operations and maintenance including: o building systems and/or plants; o emergency procedures; o life safety; o client service; and o heavy machinery/equipment. . Scheduling and hours of operation. . Levels of authority, communication and reporting between on-site staff and corporate or other staff, including the City. . Identify the Primary Contact to City. 3.2 Management . Describe the management process, philosophy, Principles including: Approach and o explain how program and service philosophy and it translates into Process service delivery; o introducing and ensuring continuous improvement throughout the term of the agreement; o benefiting and application of best practices and up to date technology; o ability to address changing needs of clientele including City; o achieving, monitoring and maintaining Service Levels throughout term of agreement; o performance review related to Service Levels and overall service delivery; o performance management and monitoring including audits and reviews, incentive plans, performance indicators, etc.; and o methodology for service issue resolution. . Describe management approach to recruit, select, train and retrain staff (customer service, safety, special needs, etc.). 3.3 Programs and . Description of facility programs, services, and any planned special 36

PART B: TECHNICAL PROPOSAL Item Contents Services events, highlighting the seasonal focuses. Demonstrate the link to the marketing plan and forecasted revenue. . Description of all complementary services. . Methodology for accommodating the City’s planned and ad hoc demand for ice services. 3.4 Customer Service The Proponent must demonstrate the framework for a [Customer Services Plan Policy] that considers proactive retention methods that include: . complaint management program (including process, mechanism, escalation, reporting to City); . quality assurance program that will be implemented to ensure an efficient, proactive and responsive customer service; . community relations strategy that will be implemented including: o process that will be followed to ensure community involvement on operational matters that affect them; o impact of the consultation and community involvement process on the overall project; and o communication strategy and process that will be employed to inform the community of construction activities, services, programs, events and activities that may affect them as clients and/or neighbors. 3.5 Information The Proponent is to demonstrate their approach, resources and tools related Management and to: Compliance . compliance to Occupational Health and Safety Act and all other applicable federal, provincial and municipal codes, statutes, regulations and by-laws having jurisdiction; . information and data management (i.e. CMMS, as built drawings (CAD) management); and . life safety, emergency response and compliance procedures, signage, and documentation and other (i.e. emergency plans, log books, inspection records, etc.). 3.6 Building Systems The Proponent is to provide: Operation, . a sample life-cycle renewal plan; Maintenance and Life . a description for the inspection methodology and samples of the tools Cycle Renewal used to monitor asset integrity on an annual basis and project justification forms; . a description of the methodology that will be used to establish useful life of the equipment and other infrastructure elements, indicating how the useful life is adjusted throughout the course of the agreement; . a description of the building performance standards adhered to, especially as it relates to environmental conditions of the facility, life- cycle management (preventive and capital investment), etc.; . a description of the systems or processes used to identify, fund, plan, schedule, implement and document building related requests, repairs, and capital investment; and . a description of the process that will be used in the process that will be used in the event that the life-cycle investment requirement exceeds the reserve fund. 3.7 Phase-Out Plan The Proponent should submit as part of their Proposal, a phase-out plan including but not limited to: . transition out plan of both operational and legal obligations under the contract; 37

PART B: TECHNICAL PROPOSAL Item Contents . plan for the transfer of inventories, information and programs that may have been implemented or procured, gathered, or provided on behalf of the City; . any options that may be available to the City at the end of the term; and . The intent is to a seamless transition of Concessionaire, as well as ensure the City [the right to have no further obligations at the end of the agreed upon term]. 4.0 Value Added Components 4.1 Value Added The Proponent is to include as a part of their Proposal any proposed Components innovation to the Project which is clearly defined including, without limitation: . Type of innovation; . Roles and responsibilities of both parties to the Contract; . Relevance to City guiding principles and objectives o an outline of service and opportunity for the City/community; o a substantiation of the value added opportunity to the City and/or community through a cost/benefit analysis; o an analysis of the impact of the proposed service on the community and other providers of the same service in the community; and o any other operational, revenue generation or cost savings measures.

Examples of innovations could include, operating costs reduction ideas, creative financing opportunities, construction phasing or timelines.

The Proponent, through their experience with ice surfaces and related industries may propose innovative best value solutions which could include the design, build, operations or financing of the Project which would result in improved operations or services. The Proposal should identify any such opportunities, provide supporting feasibility documentation and indicate the level of participation expected from the City. The Proponent must clearly indicate whether the innovations have been taken into consideration when establishing the [hourly rate] and describe how innovations will positively impact the project. 38

Part C: Scored Requirements (Financial and Commercial Proposal)

PART C: FINANCIAL AND COMMERCIAL PROPOSAL Item Contents 1.0 Structure of Project Co and Relationship with the City 1.1 Structure of Project . Describe the legal structure of Project Co and the existing or anticipated Co contractual relationship between Project Co team members, including the contractual relationship with the Facility Operator. 1.2 Relationship with the . Describe the management structure of, and Key Individuals within, City Project Co and their roles in interacting with the City. 2.0 Concession Contract 2.1 Final Draft a) Confirm that the terms of the Final Draft Concession Contract are Concession Contract acceptable to the Proponent and its Project contractors. b) If the Proponent requests an amendment to the Final Draft Concession Contract, provide by including: (1) A detailed list of all requested amendments; (2) A rationale for each requested change; and (3) Suggested revised drafting. 3.0 Basis of Financial and Commercial Proposal 3.1 Key Dates a) Proponents should use an assumed date of [ ] as the basis for developing their Financial Proposal (“the Base Date”). b) Proponents should use an assumed date of [ ] for Financial Close (the “Assumed Financial Close Date” )

3.2 Currency Provide prices as of the Base Date in Canadian dollars. 3.3 Price Validity Except for specified adjustments to interest rates, all prices listed in a Proposal must remain valid for a period of three months after the Assumed Financial Close Date. 3.4 Inflation For evaluation purposes, assume CPI at a rate of 2.0% per annum and indexation will be applied on an annual basis starting April 1 and ending on March 31. 3.5 Interest Rates 3.6 Discount rate For the purposes of the NPV calculation, Proponents should use [ ]% nominal. 3.7 Tax The Proponent should provide full details of its taxation assumptions to demonstrate that the Proponent has given full consideration to all tax implications in preparing its Proposal. 3.8 Refinancing The Proponent should describe any plans for refinancing. If a Proponent plans to refinance debt, provide full details including assumptions about: . The structure and the timing of refinancing; . Interest rates; . Margins; . Timing of repayments; . Reserve accounts; and . Cover ratios. 3.9 City Guarantees The Proponent is to clearly describe any required city guarantees or commitments in respect to financing for other parties. 4.0 Business Plan 39

PART C: FINANCIAL AND COMMERCIAL PROPOSAL Item Contents

The Proponent is to prepare and provide a business plan outlining amongst other items, a marketing plan, financial model, financing plan, and operating budget for their proposed Facility. A clear understanding of the market demand for the offered services and programs is expected to be illustrated with its direct link to the business plan. 4.1 Marketing Plan The Proponent is to provide a marketing plan to promote the Facility and ensure maximized usage. The plan should at minimum provide: . The marketing strategy; . Long term marketing concept with respect to branding, target markets, promotion; . Expertise to support the proposed initiatives; . Innovative marketing ideas to market the space, programs and services to ensure awareness and maximize usage throughout the year; and . Naming, sponsorship and/or advertising opportunities. 4.2 Pricing Structure and a) The Proponent is to provide a proposed pricing schedule with hourly ice Supporting rental rates and optional items, providing at minimum: Documentation . Confirmation that the City of Cornwall Ice Allocation Policy is adhered to in the pricing schedule; . Demonstrated cost/benefit for the City; . Hours of operation for the Facility; . Market research and analysis (including trends, statistics, market and/or community consultation) which supports the Facility and forecasted revenue viability including the continued and potential demand for services offered; . Formal commercial commitments (i.e. licensing, utilization, rental, special events, etc.); . Anticipated user charges and fees; . Space or rental/lease rates (if applicable); and . Escalation process and formula for price, charges and fees over term of the Concession Contract. 4.3 General Model The Proponent’s Financial Model should: Requirements a) Be prepared from the prospective of Project Co; b) Provide financial projections (cost and revenue projections) on a monthly basis from Financial Close until the end of the Project term; c) Be expressed in Canadian dollars and be able to be presented in both real terms and nominal terms; d) Include a print option macro; and e) There should be no circular references or balancing numbers and no input numbers in the calculation worksheets.

4.4 Financial Model The Financial Model should include: Assumption schedules: (1) Capital and operating costs; and (2) Taxation. Outputs: (1) A schedule of payments by the City that sets out the expected date of payment and the amount to be paid by the City, 40

PART C: FINANCIAL AND COMMERCIAL PROPOSAL Item Contents in both real and nominal terms; (2) The proposed funding structure, with funding schedules that specify the expected debt repayment dates and the amount of debt service, in nominal terms only, to be repaid; (3) The calculation of Project returns for the different elements of financing; (4) Projected income statements; (5) Projected balance sheet; (6) Cash flow projections; and (7) Supporting schedules. . The proposed Financial Model should produce the following outputs: (1) Project internal rate of return (IRR), before financing and tax, in both real terms and nominal (“Base Case Project IRR”) terms; (2) Return on equity and sub-debt, in both real terms and nominal terms, and a blended equity return that incorporates all sub-senior debt finance; (3) Debt to equity ratio at the time of Financial Close and at service commencement, defined as total financial debt divided by total shareholders funds; (4) Drawdown schedules, including dates and amounts for all sources of finance on an annual basis; (5) Weighted average cost of capital at Assumed Financial Close Date; (6) Annual debt service cover ratio and loan life cover ratio for each year of the Project term, with minimum and average ratios; (7) Any other ratios that are considered relevant to the proposed financial structure, financial covenants or financing agreements; (8) The precise timing of any equity injections and details of the phasing, if appropriate; (9) Summary financial statements, in nominal terms only, for each year of the Project term, in accordance with Canadian Generally Accepted Accounting Practice (GAAP); (10) A breakdown of development costs; (11) Operating expenses broken down by major category (i.e. salaries, maintenance and repair, utilities, fees, taxes, service contracts, etc.); (12) Lifecycle costs, including lifecycle reserves; (13) A breakdown of Project Co revenues and costs; (14) Other Project Co operating costs; and (15) Net income from income generation activities, analyzed by activity.

4.5 Financial Model Data a) The Proponent should provide a detailed and comprehensive Financial Book Model specification booklet (the “Financial Model Data Book”), including, 41

PART C: FINANCIAL AND COMMERCIAL PROPOSAL Item Contents instructions for using the Financial Model, including: (1) How changes to input variables should be entered; (2) How to run the model following changes to inputs; (3) How to run sensitivities; (4) Details of all macros, if any, contained in the model; (5) How to print key reports and the entire model; (6) Details of the optimization procedure; and (7) Construction of the model, including contents list of sheets and data contained within.

b) As part of the Data Book, the Proponent should provide full details of the model inputs (the “Inputs Data”) which identifies and includes: (1) For each source of finance: the drawdown timetable; grace period; repayment schedules; debt maturity profile; costs of finance, including margins and fees and all success fees; and any variations to margins or fees over the life of the loans; (2) Capital and operating cost schedules; (3) Macro-economic assumptions, including interest and inflation rates; (4) Taxation assumptions; (5) The assumptions made in relation to the GST and PST liabilities and recoverability; (6) Accounting policies, including depreciation by asset type, and working capital requirements; (7) All other assumptions that have been necessary in order to construct the Financial Model; and (8) The Inputs Data should be consistent with, and reconcile to, the Financial Model. 4.6 Financing Plan The Proponent should demonstrate that it has the capacity to finance the Project from Design and Construction through the full Operating Period to the end of the Term. a) Provide a full description of a complete financing plan for the Concession Contract, including the amounts and timing of required funds through Design, Construction and the complete Operating Period, including all the Services and the Life Cycle Requirements. b) The sources of funds should match the demand for funds throughout both the Construction Period and the Operating Period. The Financing Plan should demonstrate the sources of finance and the level of commitment of the financing and include the level of information specified below: (1) Full details of each source of financing, including equity, any construction or standby facilities, subordinated debt, capital markets debt, variation facilities and internally generated funds (separated into interest earned on deposits, reserve accounts, and third party income); (2) Identification and credit status of each investor and the 42

PART C: FINANCIAL AND COMMERCIAL PROPOSAL Item Contents amount to be provided by each investor, including yields or returns; (3) For each investor subscribing equity or quasi-equity, details about the availability of equity / quasi-equity finance, including, as applicable, copies of all relevant agreements and board minutes approving the quantum of equity / quasi-equity to be provided; (4) If any equity or quasi-equity finance is to be raised from external sources, specify such sources and provide written confirmation from the providers as to their willingness to provide funding and the amount of funding available; and (5) Full description (including, where applicable, copies of all relevant agreements) evidencing and confirming the extent of support (including performance guarantees) that is to be provided in respect of the obligations and liabilities of Project Co by each of Project Co’s shareholders, subcontractors and associated third parties, including details of any parent and ultimate parent company involvement in any and all such elements of support. c) Term sheets for all the financing providers including: (1) The identity of the arranger or underwriter; (2) Type of financing facility; (3) Purpose of facility; (4) Availability period; (5) The amount of financing proposed or committed and currency in which it is to be provided; (6) The drawdown schedule; (7) Details of grace periods, including duration and contingency; (8) Repayment or redemption schedules, maturity dates and prepayment terms (including make-whole clauses); (9) Details of the performance security package to be provided by each of the Project Contractors, including details of letters of credit or other security, bonding or guarantee requirements and costs (from either parents or third parties); (10) Arrangement, underwriting, commitment, agency and all other fees; (11) Interest rates (whether fixed or floating) specifying base rate, other credit spreads and all margins and including any ratchet mechanism; (12) Requirements for reserve accounts; (13) Any proposed hedging arrangements in respect of interest rates; (14) Events of default and other similar arrangements; (15) Step-in arrangements; (16) Conditions precedent; (17) Due diligence requirements; (18) Any other restrictions, requirements or conditions that may materially impact the Proponent’s ability to raise financing or 43

PART C: FINANCIAL AND COMMERCIAL PROPOSAL Item Contents drawdown on committed financing after Financial Close; (19) If the Financing Plan is dependent on a credit rating, an indicative credit rating from one or more credit reference agencies; (20) A confirmation letter from the Proponent’s Financial Advisor stating that the Financing Plan is achievable and robust; (21) Details of any working capital requirements and details of how these requirements will be met; (22) Details of any standby facilities provided to satisfy the requirements of the Concession Contract; and (23) To the extent that other forms of finance, other than debt and equity, are to be used the Proponent is to provide appropriate details equivalent to those requested above for equity and debt finance. d) The Proponent is to provide clear and express written statements of support directly from all proposed Lenders (including equity providers) which should confirm: (1) The Lender has reviewed and accepted the Financial Model (stating version number); (2) The level of approval obtained from the Lender and any and all conditions which must be satisfied before the funding will become committed; (3) The process necessary to provide committed funds at Financial Close and the likely timetable for that process; and (4) That the funds can be committed within the timetable for the Project. e) The Proponent is to describe and provide details of its proposed interest rate hedging strategy, if any, that may be used, including the time period over which a hedge is expected to be in place and the proportion of the debt repayments that are to be hedged.

4.7 Operating Budget The Proponent is to provide an Operating Budget for the Concession Term. This Operating Budget is to be on a monthly cash basis from the Facility Operator’s perspective, and must be consistent with the figures used in the Financial Model described in Section 4 below. The Operating Budget may be included as a separate tab(s) within the Financial Model. Proponents are to note that the Operating Budget is critical to the implementation of the payment mechanism (Schedule [ ] of the Concession Contract) and should include: . Operating Revenues – All operating revenue items planned at the Facility (e.g. ice rental, public skating charges, hockey school, soccer field rental, concession stand, and advertising); . Operating Expenses – All operating expense items planned at the Facility (e.g. salaries, administration, utilities, supplies, advertising, communications, maintenance, and lifecycle); . Facilities Charge – The charge by Project Co to the Facility Operator for the use of the Facility as bid in the payment mechanism (Schedule [ ] of the Concession Contract); and . Management Fee – The charge by Project Co to the Facility Operator for 44

PART C: FINANCIAL AND COMMERCIAL PROPOSAL Item Contents the management of the Facility (at risk by Project Co) as bid in the payment mechanism (Schedule [ ] of the Concession Contract); and . Budget Deficit Payment – The amount which will be paid by the City to Project Co, pursuant to the provisions of the payment mechanism (Schedule [ ] of the Concession Contract) and calculated in the Operating Budget as Operating Revenues, less the Operating Expenses, less the Facilities Charge, less the Management Fee. the Operating Budget will be reviewed and revised every five years after operations commencement, as reasonably agreed by the City and Project Co. 45

SCHEDULE D CONFLICT OF INTEREST DECLARATION

In this document “Proponent” means:

______(Name of Proponent)

The Proponent hereby certifies the following:

1. Neither the Corporation nor any of its Shareholders, Directors or Officers or any spouse of any Shareholder, Director or Officer is a party or is privy to any deceit to mislead the Owner into accepting this Proposal as a truly competitive [Tender] whether to the prejudice, injury or benefit of the Owner;

2. The prices contained in this Proposal are quoted in good faith without any collusive arrangement with any individual, or any other Corporation or entity;

3. No Shareholder, Director or Officer of the Corporation, or any spouse of any Shareholder, Director of Officer of the Corporation, or any other individual, has any personal interest in this Proposal or the Contract which may arise therefrom, save and except the interest such person may have in the Corporation;

4. The Corporation is not:

(a) the Shareholder of any corporate body, or

(b) a member of any organization, association, or partnership that has any interest in this Proposal or the Contract which may arise therefrom;

5. Neither the Corporation not any of its Shareholders, Directors or Officers or any spouse of any Shareholder, Director or Officer has any financial interest in any other Corporation or other entity which:

(h) is or has entered into contractual relations with or rendered goods or services to the Corporation of the City of Cornwall, or

(i) is submitting a proposal for this work,

except as disclosed below:

______

Dated this day of , 2008

______(Name of Proponent)

______Per: (Name) - (Position) I have authority to bind the Corporation 46

SCHEDULE E

MULTIPAD ARENA AND FIELDHOUSE COMPLEX CONCESSION AGREEMENT

BETWEEN:

THE CORPORATION OF THE CITY OF CORNWALL

AND

[NAME OF CONCESSIONAIRE]

“TO BE INCLUDED IN FINAL VERSION OF RFP” 47

SCHEDULE F PERFORMANCE MONITORING MANAGEMENT

1. INTENT

1.1 The Project will be designed to address community needs and ensure it reflects the City’s operations and maintenance standards. During the Term, the Project must be operated and maintained to the highest professional standard consistent with the long-term expectations of the City and Users.

1.2 Throughout the term, the Concessionaire will provide property and facility management services including but not exclusive to facility operations, maintenance, emergency management, capital planning, environmental management. The City has provided standards (see Schedules G, H and I) of key operational and maintenance functions for the Project. While the City has provided standards for key functions only, this is not to be interpreted as a waiving of the Concessionaire’s obligation to adhere to professional standards and levels of service for these functions.

2. INTRODUCTIONS

2.1 The primary objectives of the standards are as follows:

2.1.1 to provide the City and the Concessionaire with a means to ensure the facility is operated and maintained in accordance with the Concessionaire’s Contract: and

2.1.2 to ensure that appropriate scheduled preventive maintenance, corrective maintenance and repairs are being performed on a timely basis such that the properties are returned at the end of the Term, subject only to Normal Wear and Tear, in the state that they were at the commencement of the Term.

2.2 The Concessionaire shall be accountable when the identified standards and level of service is not achieved. A failure to meet these standards and level of services, provided that the failure has taken place under the Concessionaire’s control, may result in a service failure deduction in accordance with the Concessionaire’s Contract.

3. GENERAL PRINCIPLES

3.1 The Concessionaire shall take into account the following in operating the facility:

3.1.1 the services shall be delivered or performed by the Concessionaire at a standard at least equal to the standard in other similar facilities

3.1.2 services shall be delivered in compliance with all Applicable Laws 48

3.1.3 services are to be provided so as to maintain the facility in a safe manner so that the facility may at all time be used for the purpose intended; and

3.1.4 the facility is to be maintained as a valuable asset of the City without diminution in value other than as a result of Normal Wear and Tear. The Concessionaire shall use only good quality materials and workmanship as appropriate in the circumstances having regard to the needs of the City and the price.

4. GENERAL PROVISIONS

4.1 Respect of operating environment

4.1.1 maintenance shall be planned and executed so as not to interfere with any event, activity or program scheduled for the facility by the City. Where a major shutdown of primary systems or equipment is required for preventive maintenance purposes, the shutdown shall be coordinated with the users to ensure non-interruption of hours/usage.

4.1.2 in keeping with a first class operation, the Concessionaire shall ensure that the facility remains suitable in appearance and functionally capable of providing a safe and enjoyable environment for users. Furthermore, the Concessionaire shall maintain the Facility, without incurring reasonably preventable or recurring disruption, as required for the users access to, use and enjoyment of the Facility.

4.2 Staffing Requirements

4.2.1 the Concessionaire shall ensure that all of its personnel, agents and sub-Contractors that are retained, employed and/or assigned are certified (where applicable) and are competent and duly qualified to perform the Concessionaire’s obligations in accordance with the Concessionaire Contract. The City expects that staff will be subject to appropriate screening, including security checks as a condition of employment.

4.2.2 the Concessionaire staff will not be transferred to the City at any point during this Contract or following its conclusion. The Concessionaire Contract does not constitute an offer of employment to any staff or anyone employed/contracted by the Concessionaire.

4.2.3 the Concessionaire shall ensure that all personnel, agents and sub- Contractors that are retained, employed and/or assigned receive appropriate orientation and training. Equipment, site and facility conditions shall promote a safe, secure and ergonomic working 49

environment, conforming at minimum to Ontario Occupational Health and Safety standards.

4.3 An expectation of minimum service levels is necessary to ensure the smooth functioning of user activities, the long life of the Facility and its equipment, and a suitable residual value at the end of the Term.

5. SPECIFIC MEASURES

5.1 To ensure a consistent and continuous performance in the delivery of Services (Work and Operations) to the City and users. The City has developed performance indicators and remedy structure through the service failure notification system. These will be used to manage the Services. They are not meant to be fully comprehensive but rather to provide an indication of the Concessionaire’s performance.

5.2 A service failure as described in the Concessionaire Contract will be caused by not adhering to:

5.2.1 the Building Operations and Maintenance Standards in Schedule G.

5.2.2 The Maintenance Standard in Schedule H.

5.2.3 Customer Service and Response Time - Initial response by a Facility Representative to an identified problem:

Emergency: Thirty (30) minutes Urgent: Fifteen (15) minutes Routine: Two (2) hours

5.2.4 Response to site by repair personnel:

Emergency: Thirty (30) minutes Urgent: One (1) hour (or as reasonably required for equipment of it’s nature) Routine: Twenty-four (24) hours (or as reasonably required for equipment of its nature)

5.2.5 Building Systems Reliability – The Concessionaire will take reasonable measures to ensure that breakdown maintenance of building system is rare and limited to vandalism and abuse repairs.

5.3 Service Failure shall be acted on as per the Concessionaire Contract.

5.3.1 A Low Service Failure is considered to have a nuisance impact on the operation. As an example, not adhering to Maintenance Standards as set out in Schedule H. 50

5.3.2 A Medium Service Failure is considered more of an operating impact. As an example, not adhering to the Building Operations and Maintenance Standards as set out in Schedule G.

5.3.3 A High Service Failure is considered more of a security and/or health and safety impact on the operation of the facility.

5.4 The Concessionaire shall be responsible to produce performance reports as per the schedule set below along with any reporting as set in the Concessionaire Contract.

Report Description / Report Name Frequency Objective

List of inventory and other Inventory assets, including any Annual relevant reference #

Annual report outlining Lifecycle Renewal planned life-cycle Analysis and Annually replacement events for a 5 Forecasting Report year capital project forecast

A review engagement report or audited statements on the Contractor’s Balance Annual Financial Sheet, Income/Expense Annually Statements Statement, and retained earnings, and accompanying notes to the financial statement.

Status report of fund balance and a life-cycle Lifecycle Capital Reserve Annual analysis report on how it is recommended to be used

Report contain the following information: Property Portfolio Asset details (age, location, etc), Annually Management Report upgrades, benchmarking, systems and system performance

Preventive Maintenance Preventive maintenance Annual Schedule* plan, listing the equipment, 51

scheduled maintenance, and back-log. It also includes a report highlighting the difference from one year to the next.

Report providing the status Indoor Air Quality on the indoor air quality As Requested reports per facility

Building Condition Report based on a pre-established Building Condition Reports schedule & in compliance Annually with the Service Levels, photographic visuals

Report on any major incidents in the facility dealing with health & safety Immediate Incidents reports & action issues: environmental or & plan significant performance Ad Hoc impact with associated action plan for remedy of incident, when applicable

Letter confirming that the services have been Statement of Environmental rendered in accordance Semi-annual with environmental and Compliance health & safety legislation, listing any non-compliances

Annual plan related to environmental matter, Environmental including a list of how Annual Management Plan environmental substances tracked and managed

Report listing legislative Legislative changes changes affecting the Annual services

List of Performance Action Performance Action Plan Plans implemented and Annual Summary outstanding 52

Report on inspections that have been done on Inspection reports services (e.g. cleaning, Semi-annually maintenance activities, other)

QUALITY

Report providing the Customer Satisfaction statistical and qualitative Annual Updates Survey information extracted from the surveys

Indicators of Standards: Report on performance of daily, weekly, monthly, the Standards of Schedule Annually quarterly, semi-annually, G and H annually

List and details on all Complaint Log Annual Complaints

MISCELLANEOUS

Contract Performance Bond Annual

Certificates of Insurance - Annual Proponent

Workers Comp Certificate - Upon Proponent Request

53

SCHEDULE G BUILDING OPERATIONS AND MAINTENANCE STANDARDS

The standards presented in this Schedule G are overall guidelines and specifications for maintenance of the new Facility.

All persons performing any work or task in or about this new facility shall perform such duties, and handle and operate all equipment in accordance with all recognized and prescribed safety requirements, regulations, rules and procedures.

All standards shall be considered, as minimum standards and nothing shall preclude the application of standards, which exceed those stated within this Schedule G.

These standards are based on the following criteria:

1. Provide maximum safety to persons and property;

2. Minimum future maintenance attention and expense;

3. Minimize or eliminate costly trouble call-outs;

4. Minimize possibility of major capital repairs;

5. Affords longest life expectancy of installation/equipment;

6. Allows opportunity for expanded future uses without expensive renovations;

7. Most economical to provide with the widest coverage of the above factors.

1. STRUCTURAL

1.1 General: All structural components of the Facility shall be maintained in a good operable condition. Periodic inspections shall be carried out to determine requirements for maintenance services. Structural repair work will be performed in accordance with all applicable codes and regulations.

1.2 Foundations: Foundations, walls, basements, cellars, crawl spaces and floors shall be inspected annually and maintained in good repair and structurally sound. All walls and floors in such structures shall be kept in a waterproof condition.

1.3 Exterior Walls: Exterior walls and their components shall be inspected annually and maintained to prevent their deterioration due to weather, rot, and insects.

1.4 Exterior Projections: All canopies, marques, signs, awnings, stairways, fire escapes, and similar projections shall be inspected annually and maintained in good repair, anchored and protected from the elements and against decay or rust by the periodic application of an approved weather coating material. 54

1.5 Doors and Windows: All windows, doors, and other exterior openings shall be inspected annually and maintained in good repair and weatherproofed to minimize infiltration of air and to prevent the entrance of rain into the building.

1.6 Window Hardware: All window opening hardware shall be inspected annually and maintained in repair and proper working condition.

1.7 Door Hardware: All door hardware shall be inspected annually and maintained in good repair and proper working condition including fire exits and safety doors which shall be maintained in compliance with all applicable codes.

1.8 Stairs and Landings: Interior and exterior stairs and landings shall be inspected twice a year and maintained free from defects which constitute a hazard. All treads, risers, or supporting structural members, either rotted or deteriorated, shall be repaired or replaced and all tread nosings shall be covered with a non-slip material.

1.9 Handrails: All handrails shall be inspected twice a year and maintained free from defects which constitute a hazard. All handrails cracked or deteriorated shall be replaced and any loose handrails shall be properly secured.

1.10 Interior Walls and Ceilings: Interior walls and ceiling finishes shall be inspected annually and maintained in good condition. All holes, loose coverings or other defects shall be repaired or replaced. Where fire resistive separations exist, they shall be maintained in a condition which retains their fire resistant quality.

1.11 Lockers: All lockers shall be inspected annually and kept in good operating condition. Any badly damaged lockers shall be repaired or replaced.

1.12 Cubical Partitions and Hardware: All cubical partitions shall be inspected monthly and maintained in a good operating condition. All loose partitions shall be secured, and any damaged or broken hardware shall be replaced.

1.13 Cabinets and Counter Tops: All cabinets and counter tops shall be inspected annually and maintained in good repair. All damaged counter coverings shall be repaired or replaced and proper operation of all cabinet doors and drawers shall be ensured.

1.14 Standard Floors (Carpet and Linoleum): All floors shall be inspected annually and maintained in good condition. Floor coverings which are worn, frayed, deteriorated or which present a safety hazard shall be repaired or replaced. 55

1.15 Baseboards: All baseboards shall be inspected annually. All loose rubber base shall be reglued and missing sections replaced. All broken wood base shall be replaced and all chipped or cracked tile base shall be replaced.

1.16 Mosaic and Quarry Tile Floors: All mosaic and quarry tile floors shall be inspected annually and maintained in good repair. Any cracked or chipped floor tiles will be replaced and any mortar missing or worn shall be re-applied.

1.17 Asphalt Flooring: All asphalt planking shall be inspected annually and in good repair. Any worn planking or broken planking shall be replaced.

1.18 Sports Field Floorings (e.g. Tartan Floors): All sport floorings shall be inspected annually and maintained in good repair. Any bubbling, cracking or other hazardous conditions to runners shall be repaired or replaced.

1.19 Arena Floor Slabs: All arena floor slabs shall be inspected annually and maintained in good repair. Hair line cracks and larger shall be repaired with an acceptable patching compound. Any heaving or other defects shall be properly repaired.

1.20 Arena Rink Boards: All arena rink boards and associated boards (players, and penalty boxes, etc.) shall be inspected annually and maintained in good repair. All loose and damaged board coverings shall be replaced. All rink boards shall be properly secured along with all puck protection devices above the boards.

1.21 Overhead and Roll-up Doors and Roof Hatches: All overhead and roll- up doors and roof hatches will be inspected semi-annually for proper operation and state of repair in accordance with usage. When maintenance records that a specific door has a consistently poor performance record, it may be more practical to partially or completely replace the door.

1.22 Metal Structures: Metal buildings shall be inspected annually and checked for loose bolts and screws and tightened as required. Caulking of any leaks shall be done as required.

1.23 Major Structural Defects/Deterioration: Where the signs and symptoms of major structural defects or deterioration exist, a qualified professional engineer shall be employed to investigate the problem and recommend remedial action.

1.24 Seats: All seats shall be inspected annually and maintained free from defects which constitute a hazard. All seats shall be properly fastened down and any badly cracked or deteriorated boards shall be replaced. 56

2. ROOFING

2.1 Built-up Roofs: All built-up roofs shall be inspected semi-annually and maintained in a waterproof condition. The roofs shall be checked for bubbling and cracking of the membrane.

2.2 Asphalt Shingle Roof: All asphalt shingle roofs shall be inspected semi- annually and maintained in a waterproof condition. The roofs shall be checked for lifting, curling and breaking off of the shingles.

2.3 Metal Roofs: All metal roofs shall be inspected semi-annually and maintained in a waterproof condition. The roof shall be checked for loose bolts and screws and caulked as required.

2.4 Roof Flashing: A proper seal shall be inspected semi-annually and maintained around all roof flashing and drains, including skylights or any other projection from the roofs.

2.5 All Roof Components: All roof components shall be inspected by qualified maintenance personnel annually and inspection dates recorded.

2.6 Major Repairs: Whenever a building inspection indicates that deterioration has reached the degree that either re-coating or replacement has become necessary, an assessment will be completed and appropriate action will be taken.

2.7 Minor Repairs: Repairs will be carried out to the surrounds of the roof such as penthouse coping paint, flashing, and metal attachments as required.

2.8 Roof Mounted Equipment: Under no circumstances shall any equipment, signs, or components be supported directly by the surface membranes.

3. LOCK SYSTEMS

3.1 General: All locks shall be maintained in operable condition. Periodic inspections shall be carried out to determine requirements for maintenance services.

4. PAINT AND WALL COVERINGS

4.1 General: All painting and wall covering shall be to an acceptable standard and in accordance with the “Canadian Painting Contractor’s Architectural Specifications Manual” (CPCA) premium grade.

5. ELECTRICAL

5.1 General: All electrical equipment shall be maintained to an acceptable standard. Equipment records shall be kept in order that all equipment is 57

inspected and maintained on a regular basis in accordance with manufacturer’s specifications and recommendations. All electrical components shall conform to all applicable codes, bylaws, regulations and acts. All shutdowns required for electrical maintenance shall be coordinated with the facility operator.

5.2 General Checks: A visual check and test of all electrical components (switches, receptacles, plates, raceways, motors smaller than one horsepower) shall be done on an annual basis or more frequently if building use so demands.

5.3 Lighting:

5.3.1 Incandescent Fixtures: All fixtures shall be inspected annually and maintained as required. Frequency of replacement shall be determined by analyzing hours of operation, severity of service and the demands of building usage. Incandescent fixtures should be cleaned annually.

5.3.2 Fluorescent Fixtures: All fluorescent fixtures in, on, or connected to branch circuits of all building or structures shall be maintained on a groups replacement basis and cleaned annually. Frequency of replacement shall be determined by analyzing hours of operation, severity of service, and the demands of building usage. Normal program frequency shall be two to three years. All ballasts 120 volt or over shall be thermal protected with a minimum 90 percent power factor and Group A noise rating.

5.3.3 Emergency Lighting: All emergency lighting units shall be tested and maintained in accordance with manufacturer’s recommendations, Fire Department Regulations, and Canadian Electrical Code Regulations.

5.3.4 High Pressure Sodium: All fixtures shall be inspected annually and maintained as required. Lamps will be group replaced every five (5) years. All fixtures shall be cleaned every two (2) years. All ballasts shall have a minimum 90 percent power factor and Groups A noise rating.

5.3.5 Mercury Vapor, Metal Halide: All fixtures shall be inspected annually and maintained as required. Lamps will be group replaced when lamps have reached eighty-five (85) percent of the manufacturer’s rated life. All fixtures shall be cleaned every two years. All ballasts shall have a minimum 90 percent power factor and Group A noise rating.

5.4 Motors, 1 H.P. and Larger: All motors shall be checked and tested annually or more frequently when required to ensure that motors operate to maximum efficiency and manufacturer’s specifications. 58

5.5 Dry Type Transformers: All transformers shall be inspected and tested annually and maintained as required to ensure that transformers are operated to manufacturer’s specifications.

5.6 Oil Filled Type Transformers: All oil filled transformers shall be inspected and tested annually for oil leaks, oil levels, and operation. Tests shall be carried out on the oil every two years to determined the capability as specified by the manufacturer’s requirements.

5.7 Molded-Case Circuit Breakers: All molded-case circuit breakers shall be inspected and tested annually for load and operation to ensure the breaker is functioning properly and to be torqued and contact cleaned according to the manufacturer’s recommendations.

5.8 Air-Circuit Breakers: All air circuit breakers shall be removed annually from their cubicle, cleaned, inspected, and tested for operation. If equipped with dashpot, oil shall be checked and refilled with new oil. Breaker shall be completely checked for tightness, alignment, and smooth operation according to the manufacturer’s specifications. Overload relays shall be tested and adjusted if required.

5.9 Switches: All disconnect switches shall be checked annually for operation, bad connections, and to ensure that correct size fuses are being used. Proper space fuses are to be available in approved locked fuse cabinets for emergency use.

5.10 Fuses: All fuses shall be inspected and restocked annually in approved locked fuse cabinet for emergency use.

5.11 Switchgear: All switchgear cubicles shall be inspected annually for signs of overheating, improper sizing and to ensure that all components are tight, cleaned and in place according to manufacturer’s specifications.

5.12 High Voltage Switchgear: All switchgear cubicles shall be inspected annually for signs of overheating, improper sizing and to ensure that all components are tight, cleaned and in place according to manufacturer’s specifications.

5.13 Control Relays: All relays shall be inspected, tested, and cleaned annually. Relays shall be inspected to ensure that appropriate units are used in each installation.

5.14 Protective Relays: All relays shall be inspected, tested, and cleaned annually. Relays shall be inspected to ensure that appropriate units are used in each installation.

5.15 Starters: All starters shall be inspected and serviced annually or more frequently if service is required. Starters shall be inspected to ensure that appropriate units are used in each installation. 59

5.16 Motor Control Centre: All control centres shall be inspected and serviced annually for clean liners, overheating, loose connections, and improper conditions.

5.17 Medium and High Voltage Cable: All medium and high voltage cable shall be tested every two years as per manufacturer’s specifications.

5.18 Batteries and Battery Chargers:

5.18.1 On a weekly basis, all batteries for emergency generators shall be checked and condition recorded. On a four year basis, all batteries shall be replaced according to manufacturer’s specifications.

5.18.2 Batteries on an emergency lighting system shall be checked monthly for condition to ensure that they are up to the manufacturer’s specifications. Lead acid batteries shall be replaced every two years with new units. Any other batteries will be replaced as per manufacturer’s specifications or more frequently if conditions warrant.

5.19 Emergency Generators: All emergency generators shall be inspected, tested and maintained on a weekly basis (as per Fire Marshall’s Code). Test shall be conducted under full load and results recorded. Generators shall have oil and filters replaced once a year. All radiators should be flushed out every five years. All antifreeze, hoses, and thermostats should be replaced every five years. All the above shall be performed more frequently if conditions or manufacturer specifies.

5.20 Emergency Transfer Switches: All emergency transfer switches shall be cleaned, inspected and tested annually or per manufacturer’s recommendations. Once every week, the transfer switches shall be tested under full load conditions simulating a power failure.

5.21 Automobile Heather Receptacles: All automobile heater receptacles shall be checked and if necessary, brought up to standard annually prior to winter season.

5.22 Security Lighting Systems:

5.22.1 All outdoor security lighting and associated equipment shall be checked semi-annually for proper operation. All fixtures shall be relamped, cleaned, and maintained as per lighting standards, Section 5.3.

5.22.2 All indoor security lighting and associated equipment shall be checked semi-annually for proper operation. All fixtures shall be relamped, cleaned, and maintained as per lighting standards, Section 5.3. 60

5.23 Fire Alarm System: All fire alarm system components shall be checked annually, or more frequently where conditions warrant, and maintained to a minimum standard approved by the Fire Department, Building Code, and Ontario Fire Code.

5.24 Boiler Controls: All electrical controls on boilers shall be checked annually prior to the heating season. All safety devices on boilers shall be activated to simulate a failure in the boiler. All controls will be installed as per Government of Ontario Boiler Branch Regulations.

5.25 Ground Fault System: All ground fault circuit breakers or ground fault receptacles shall be tested and checked once a month or shall be performed more frequently if conditions or manufacturer’s specifications specify. All ground fault protection shall be checked and tested once a year and shall be performed more frequently if conditions or manufacturer’s specifications require.

5.26 Hair and Hand Dryers: All hair and hand dryers shall be inspected and maintained in accordance with manufacturer’s specifications and recommendations.

5.27 Sound Systems: All sound systems shall be inspected and maintained annually in accordance with manufacturer’s specifications and recommendations.

5.28 Scoreboards: All scoreboards shall be inspected annually and maintained in accordance with manufacturer’s specifications and recommendations.

5.29 Elevators: All elevators shall be inspected monthly and all maintenance work shall conform to applicable codes and regulations. Inspections shall be done by a qualified Elevator Inspection Company other than the Elevator Company doing the maintenance. All maintenance shall be performed by a qualified elevator mechanic.

5.30 Heathers and Forced Air Furnaces: All unit heathers shall be inspected annually and maintained as required. Controller and safety limits shall be tested annually and replaced if found faulty.

5.31 De-Humidifiers: All de-humidifiers shall be inspected semi-annually and repaired as required.

5.32 Air Compressors and Hair Dryers: All air compressors and air dryers shall be inspected and maintained in accordance with manufacturer’s specifications and recommendations.

5.33 Air Conditioning System: All air conditioning systems shall be inspected and started up in Spring time and shall be inspected and shut down in the Fall. All maintenance shall be performed by a qualified Refrigeration 61

Mechanic in accordance with manufacturer’s specifications and recommendations.

5.34 Make-up Air Handling Units: All make-up air handling units shall be inspected and tested semi-annually and maintained according to manufacturer’s specifications and recommendations.

5.35 Arena Ice Plants: All ammonia and Freon arena ice plants shall be inspected and shut down in the Spring time and shall be inspected and started up in the Fall. All maintenance shall be performed by a qualified Refrigeration Mechanic in accordance with manufacturer’s specifications and recommendations.

5.36 Miscellaneous Equipment: All miscellaneous equipment shall be inspected, tested with proper maintenance procedures as per manufacturer’s specifications and recommendations.

6. ELECTRONIC SECURITY SYSTEMS

6.1 General: All electronic security systems in facilities shall be maintained to minimum standards supply by the equipment manufacturers approved by the Fire Department, Building Code requirement and City Security System Section standards.

7. MECHANICAL AND PLUMBING

7.1 General: All mechanical and plumbing equipment shall be maintained to an acceptable standard. Equipment records shall be kept in order that equipment is inspected and maintained on a regular basis in accordance with manufacturer’s specifications and recommendations. All mechanical, gas fired, plumbing and heating plants shall adhere to all applicable codes, bylaws, regulations and acts. All maintenance work shall be performed under the supervision of a Certified Journeyman holding a Certificate of Proficiency in the appropriate trade area. All shutdowns required for mechanical and plumbing maintenance shall be coordinated with the facility operators.

7.2 General Checks: A visual check of all mechanical components shall be done on an annual basis to check for deterioration of water, air, steam, and gas lines, condition of pipe expansion joints, etc.

7.3 Forced Air Furnaces and Unit Heaters: All forced air furnaces and unit heaters shall be inspected annually and maintained as required. Heat exchangers shall be tested annually for carbon monoxide leakage. Chimney stacks shall be visually inspected and repaired as required on an annual basis. Controller and safety limits shall be tested annually and replaced if found faulty. 62

7.4 Humidifiers/De-humidifiers: All humidifiers/de-humidifiers shall be inspected annually and maintained in accordance to manufacturer’s specifications and repaired as required.

7.5 Pneumatic/Electric Control Systems: All control systems shall be maintained (as per manufacturer’s specifications) to function effectively and to maximize the requirements of the user within efficient energy conservation limits.

7.6 Air Compressors: All air compressors shall be inspected and maintained in accordance with manufacturer’s specifications and recommendations. Crankcase oil shall be changed semi-annually. Repairs shall be undertaken as required. Bi-monthly inspections shall be carried out to check oil level, air-dryer operation, etc.

7.7 Pump Maintenance:

7.7.1 Sump: A monthly inspection shall include a visual check for any unusual noise of vibration and float switch operation. Rotating parts and bearings shall be lubricated semi-annually. Check valves shall be inspected annually. Every three (3) years, the pumps hall be removed and overhauled.

7.7.2 Circulating: Prior to the heating or cooling season, pumps shall be inspected for alignment, strainer, coupling, lubrication, end-play and repaired as required. A monthly inspection shall include a lubrication check for any unusual noise or vibration. Cavitation and impeller wear shall be checked every three (3) years. The pump; shall be overhauled every six (6) years.

7.7.3 Condensate: Pump shall be inspected annually at boiler washout and repaired as required. A monthly inspection shall include a lubrication check and a visual check for any unusual noise or vibration.

7.8 Fan Maintenance: All fan units (supply, return and exhaust) including dampers shall be inspected on a regular basis to ensure satisfactory operation of the system and repairs carried out as required. Frequency of inspections shall be determined from type of service. Squirrel cages shall be washed and drive belts replaced when inspection reveals possible problem areas. Bearings and shafts shall be inspected prior to the heating or cooling season for alignment, excessive wear, unusual noise or vibration.

7.9 Coils: All coils shall be inspected annually and maintained in a manner to ensure maximum heat transfer.

7.10 Filters: Filters shall be replaced on a group replacement basis with frames cleaned at alternate filter replacement periods. 63

7.10.1 Pads: Frequency of replacement shall be determined by atmospheric conditions and demands of the facility usage. Normal shall be every three (3) months.

7.10.2 Rolls: Frequency of replacement shall be determined by atmospheric conditions and demands of the facility usage. Normal shall be every three (3) months.

7.10.3 Dri-Pak Baggies: All Dri-Pak Baggies shall be replaced every eighteen (18) months.

7.10.4 Washable Filters: All permanent type, washable filters shall be cleaned as determined by the atmospheric conditions and demands of the facility usage. Normal servicing shall be every three (3) months.

7.11 Fire Sprinkler Systems and Hose Cabinets: All sprinkler systems and fire fighting equipment shall be inspected and maintained in a ready condition. Automatic sprinkler systems shall be inspected and tagged annually, and hoses will be taken off hooks annually, inspected and re- hung.

7.12 Range Hood Fire Detection Suppression Systems: All range hood fire detection and suppression systems shall be inspected and tagged semi- annually. All M.H. steel cylinders shall be hydro tested and recharged every five (5) years.

7.13 Steam Traps: Steam traps shall be tested every year and repaired as required to ensure maximum latent heat transfer. Steam traps shall be overhauled every three (3) years.

7.14 Air Conditioning Systems: Air conditioning system components shall be inspected to ensure maximum efficiency for energy consumption and to meet CSA-M1977 standards if applicable. The system service requirements shall determine the inspection schedule.

7.15 Water Cooling Towers: Towers shall be inspected annually prior to the cooling season and maintained as required. This shall include washing of the tower basin, changing the oil in reduction gearbox drive and belt drive inspection. Weekly inspections of cooling tower shall include: coupling, fan blades, oil level in reduction gearbox, water treatment.

7.16 Systems: All plumbing systems shall be inspected annually to ensure that all parts of the plumbing system are maintained at a standard to eliminate the unnecessary loss of water through faulty parts, controls, or equipment.

7.16.1 Low Public Use Buildings: Every three (3) years for tap washers, water closet ball-cocks, flapper valves, and/or flushometer diaphragms shall be replaced on a group replacement. The 64

heating coil (converter) and storage tank shall be cleaned and inspected every three (3) years and an inspection certificate issued if applicable.

7.16.2 High Public Use Buildings: Public Use Tap washers, water closet ball-cocks, flapper valves flushometer diaphragms, shall be replaced annually on a group replacement. On group replacements, the P.R.V. diaphragms shall be replaced every three (3) years. The heating coil (converter) and storage tank shall be cleaned and inspected every three (3) years and an inspection certificate issued if applicable.

7.17 Heating Plant: The operation, maintenance, and inspection of all steam and hot water heating plants shall be in accordance with all applicable codes, acts and regulations.

(a) The Boilers and Pressure Vessels Act

(b) Section VI of the Boilers and Pressure Vessels Act

(c) C.S.A. Standard B51-1975

Boiler water shall be tested bi-weekly and treated to maintain the recommended control limits. Combustion tests shall be conducted semi- annually to ensure an efficient ratio for energy conservation. The boilers shall be inspected bi-annually by a Boiler Inspector. Safety valves shall be serviced semi-annually by a licensed service repair depot.

7.18 Grills and Screens: All bird screens shall be inspected annually and maintained as required.

7.19 Air Cooled Condensers: Air cooled condensers shall be inspected and coils washed at least twice during their seasonal operating period. During the period when poplar fluff is heavy, the buildup will be brushed off as required.

7.20 Valves: All valves shall be inspected annually and repaired as required. Valves will be re-packed where there is visible evidence of leakage.

7.21 Expansion Tanks: All expansion tanks shall be inspected and washed out annually. Those expansion tanks which fall under the jurisdiction of the Pressure Vessels Act of Ontario shall be inspected by Boiler Inspector every three (3) years for the issuance of an inspection certificate.

7.22 Make-up Air Units: All air units shall be inspected and tested prior to the heating and cooling season and maintained according to manufacturer’s specifications and recommendations. Controller and safety limits shall be tested annually and replaced if found faulty. 65

7.23 Duct Maintenance: All heat ducts, plenums and cold air returns shall be cleaned every five (5) years, or more frequently if conditions warrant.

All heating/exhaust grills shall be inspected annually and cleaned, or more frequently if conditions warrant.

7.24 Utility Services: All utility services (water, sanitary sewer, storm sewer, and gas) shall be maintained in proper working order to ensure functional operation of fixture appliances.

7.24.1 Water utility service shall be defined from property line up to and including water meter.

7.24.2 Sanitary sewer utility service shall be defined from property line up to building drain.

7.24.3 Storm sewer utility service shall be defined from property line up to building storm drain.

7.24.4 Gas utility service shall be defined from property line up to and including gas regulator and meter.

7.25 Propane Cylinders/Tanks: All propane cylinders/tanks and associated piping regulators shall be inspected and maintained in accordance with Canadian Association B-149-2.

7.26 Mixing Valves - Domestic Water: All mixing valves shall be inspected annually and maintained in accordance with manufacturer’s specifications and recommendations. Temperature readings shall be taken semi- annually and adjustments performed if required. Mixing valve internal inspection and servicing shall be done annually, including cleaning of scale/formation on all internal parts.

7.27 Showers: All shower controls and head shall be inspected every four months and maintained to eliminate the unnecessary loss of water through faulty parts, controls, or equipment.

7.27.1 Manual Control Showers: Tap washer replacement, servicing lubricating stems, valve seats, and cleaning of shower heads shall be done annually.

7.27.2 Automatic Time Controlled Showers: Servicing/replacement of push button control cartridges, and cleaning of shower heads shall be done annually.

7.28 Hot Water Tanks: All hot water tanks shall be inspected annually and maintained in accordance with manufacturer’s specifications and recommendations. All hot water tanks shall be drained and flushed annually. Controller and safety limits shall be tested annually and replaced if found faulty. 66

7.29 Power Exhaust Systems: All Zamboni power exhaust systems shall be inspected, tested semi-annually for carbon monoxide leakage. Fan units shall be maintained in an efficient condition to ensure satisfactory operation for the intended service and according to manufacturer’s recommendations and specifications.

7.30 Miscellaneous Equipment: All miscellaneous equipment shall be inspected and followed-up with the proper maintenance procedures as per manufacturer’s specifications. 67

SCHEDULE H MAINTENANCE STANDARDS

ABC LEVEL OF CLEANLINESS

INTRODUCTION

The custodial staff are responsible for ensuring that the Facility is maintained at an “A” level standard as noted below. It would be impossible however for the custodial staff to maintain this level during every minute of their shifts. In order to ensure that the “A” level standard is maintained throughout each and every day of the week, it is the entire staff who act as the “custodians” of the Facility. It is each person’s individual responsibility to assume an assisting role as backup to the custodians. Picking up paper, pop cans, bottles, dusting, washing/wiping, mopping, emptying garbage.

1. THE “A” LEVEL MAINTENANCE STANDARD

The following information describes the acceptable “A” Level standard for cleanliness. This standard will be evaluated daily both formally and informally.

“A” LEVEL

1. FLOORS NO PAPER, NO GUM OR OTHER STICKY SUBSTANCES, NO DUST, NO MUD, NO DIRT, NO CANDY, NO FOOD, NO INSECTS, NO STAINS. SHOULD HAVE A SHINY LOOK.

2. WALLS NO DUST, NO SPOTS/STAINS, NO GUM OR OTHER STICKY SUBSTANCES, NO SMUDGES.

3. WINDOWS NO SPOTS, NO STAINS/SMUDGES, NO CRACKS (BRING TO ATTENTION OF MAINTENANCE STAFF).

4. CHANGE ROOMS WELL STOCKED WITH APPROPRIATE SUPPLIES, NO STAINS, NO SPOTS, NO SMUDGES, NO DIRT, NO DUST, NO INSECTS, NO PAPER, GARBAGE RECEPTACLES WITHOUT SPOTS OR STAINS, CHROME FIXTURES SHOULD BE SHINY.

5. WASHROOMS WELL STOCKED WITH APPROPRIATE SUPPLIES, NO STAINS, NO SPOTS, NO SMUDGES, NO DIRT, NO DUST, NO INSECTS, NO PAPER, GARBAGE RECEPTACLES WITHOUT SPOTS OR STAINS, CHROME FIXTURES SHOULD BE SHINY.

6. DOORS NO DUST, NO SPOTS/STAINS, NO STICKY SUBSTANCES ON DOOR KNOBS.

7. MIRRORS NO SPOTS, NO STAINS/SMUDGES, NO CRACKS (BRING TO THE ATTENTION OF THE ARENA STAFF).

8. SHELVES NO SPOTS, NO DUST, NO DIRT, NO INSECTS, SHOULD HAVE 68

SHINY LOOK.

9. CUPBOARDS NO DUST, NO SPOTS, NO STAINS/SMUDGES, SHOULD HAVE SHINY LOOK.

10. LIGHTS NO DUST, NO SPOTS, NO INSECTS, NO BURNT OUT BULBS, NO BROKEN BULBS (WHERE LIGHT FIXTURES CANNOT BE REACHED, BRING TO ATTENTION OF ARENA STAFF).

11. COUNTERS NO SPOTS, NO DUST, NO STAINS/SMUDGES, NO INSECTS, SHOULD HAVE SHINY LOOK.

12. CURTAINS NO SPOTS, NO DUST, NO STAINS.

13. DESKS NO SPOTS, NO STAINS/SMUDGES, NO DIRT (ORGANIZATION OF THE DESK IS THE RESPONSIBILITY OF THE USER).

14. BULLETINS NO SPOTS, NO DUST.

15. CARPETS NO DUST, NO DIRT, NO INSECTS, NO GUM OR OTHER STICKY SUBSTANCES, NO SMELL (STEAM CLEANED AS REQUIRED).

16. COMPUTERS NO DUST, NO SPOTS, NO SMUDGES/STAINS (THESE ARE THE RESPONSIBILITY OF THE USER).

17. SINKS NO SPOTS, NO DISHES, NO STAINS, SHOULD HAVE SHINY LOOK (IT IS THE RESPONSIBILITY OF STAFF WHO USE DISHES TO CLEAN THEIR OWN).

18. MACHINES (OFFICE) NO DUST, NO DIRT, NO SPOTS, NO STAINS/SMUDGES (RESPONSIBILITY OF USERS).

19. GARBAGE (RECEPTACLES) NO GARBAGE, CLEAN BAG, NO SPOTS/STAINS, NO SMELL.

20. SIDEWALKS NO PAPER, NO MUD, NO CLUMPS OF DIRT, NO GUM OR OTHER STICKY SUBSTANCES, NO BOTTLES, NO POP CANS, NO OTHER DEBRIS (NOTE: THIS IS AN AREA WHERE CUSTODIAL STAFF PARTICULARLY NEED THE ASSISTANCE OF OTHER ARENA STAFF TO MAINTAIN THE “A” LEVEL).

21. STREETS NO PAPER, NO BOTTLES, NO POP CANS, NO OTHER DEBRIS (NOTE: REFER TO SIDEWALKS).

22. PARKS (BOULEVARDS AND GRASSY AREAS) NO PAPER, NO BOTTLES, NO POP CANS, NO OTHER DEBRIS (NOTE: REFER TO SIDEWALKS). 69

2. THE “B” LEVEL STANDARD

Ideally, Facility staff will attempt to maintain the “A” Level of cleanliness at all times. Realistically, even with everyone pitching in, this may not be possible. With variables such as the weather, and people combined with the nature of the Facility, there will be times when a “B” Level is [acceptable] [Draft Note: When would this standard be acceptable?]. Following is a description of the “B” Level standard of cleanliness. The “B” Level will generally occur when the public or user groups are using the facilities.

1. FLOORS SOME DUST, SOME DIRT, MAY NOT HAVE A SHINY LOOK. 2. WALLS SOME DUST, SOME SPOTS/STAINS/SMUDGES. 3. WINDOWS SOME SMUDGES. 4. WASHROOMS/ SOME STAINS, SOME DUST, SOME DIRT, GARBAGE DRESSING RECEPTACLES WITH SOME PAPER, GARBAGE ROOMS RECEPTACLES WITH SOME SPOTS/STAINS, CHROME FIXTURES MAY NOT BE SHINY. 5. DOORS SOME DUST, SOME SPOTS/STAINS. 6. MIRRORS SOME SPOTS/STAINS/SMUDGES. 7. SHELVES SOME SPOTS, SOME DUST, MAY NOT HAVE SHINY LOOK. 8. CUPBOARDS SOME DUST, SOME SPOTS/STAINS, MAY NOT HAVE SHINY LOOK. 9. LIGHTS SOME DUST, SOME SPOTS, SOME INSECTS. 10. COUNTERS SOME SPOTS, SOME DUST/STAINS/SMUDGES, MAY NOT HAVE SHINY LOOK. 11. DESKS SOME SPOTS/STAINS/SMUDGES. 12. BULLETINS SOME SPOTS, SOME DUST. 13. CARPETS SOME DUST, SOME DIRT. 14. COMPUTERS SOME DUST. 15. SINKS SOME SPOTS/STAINS/SMUDGES. 16. MACHINES (OFFICE) SOME SPOTS/STAINS/SMUDGES (RESPONSIBILITY OF USERS). 17. GARBAGE SOME GARBAGE IN RECEPTACLES, BAG MAY BE STAINED, GARBAGE MAY CAUSE SOME SMELL, BAG MAY NOT BE CLEAN. 18. SIDEWALKS SOME PAPER, SOME MUD/DIRT/DUST, SOME STICKY SUBSTANCES, SOME OTHER DEBRIS (ONCE AGAIN, AS WITH THE “A” LEVEL, IT IS EVERYONE’S PERSONAL RESPONSIBILITY TO HELP MAINTAIN CLEAN SIDEWALKS BY PICKING UP PAPER, ETC. WHEN THE OPPORTUNITY PRESENTS ITSELF). 19. STREETS SOME PAPER, SOME OTHER DEBRIS (SAME AS SIDEWALKS). 70

20. PARKS SOME PAPER, SOME OTHER DEBRIS (SAME AS SIDEWALKS).

3. THE “C” LEVEL STANDARD

This level is basically anything less than the “A” and “B” Levels of Cleanliness and is never acceptable. [Draft Note: Is this standard ever acceptable?] 71

SCHEDULE I OPERATING, MAINTENANCE AND CAPITAL ASSET MANAGEMENT STANDARDS

“TO BE INCLUDED IN FINAL VERSION OF RFP” 72

EXHIBIT 1 SAMPLE MAINTENANCE CHECKLIST

DAILY

1. Check heating, ventilating and exhaust units for abnormal noise, vibration, or operation temperature. Ensure no flammable material is stored near heating units or hot water tank.

2. Check all taps and flush valves for proper operation.

3. Replace any burnt out lamps in fixtures.

4. Ensure security systems are operating properly.

5. Check scoreboard, P.S. systems, and shot clocks for proper operation.

6. Check main entrance and emergency exit doors are operating properly.

7. Check for proper operation of ice shaving equipment exhaust system.

8. Check rink gate hardware, puck boards and plexiglass.

9. Check for damages to facility and its contents.

10. Operator will monitor and record refrigeration operation on the plant log.

WEEKLY

1. Ensure all doors are working properly.

2. Ensure all hardware is secure and operable.

3. Check showers and temperature of water.

MONTHLY

1. Visually check all walls, floors and ceilings for damage.

2. Visually check exterior building for damage.

3. Visually check all windows for cracks or breaks.

QUARTERLY

1. Clean lint/fluff/debris from the grills or registers using a light brush or vacuum cleaner. 73

SEMI-ANNUALLY

1. Ensure that all lighting fixture covers are kept clean.

2. Open sliding windows and clean track with brush or vacuum.

3. Mechanical/electrical equipment to be wiped clean.

ANNUALLY

1. Wash interior walls (concrete blocks) as necessary for normal maintenance.

2. Joint inspections with Trades and Technical Services for shutdown maintenance requirements.

3. Clean out refrigeration header trench.

GENERAL

1. Ensure that supply/return air grills or registers are kept free of obstructions.

2. Ensure that drain to blow-ff safety valve of hot water tank is kept free of obstructions.

3. Electrical and mechanical rooms are not to be used for storage.

4. Ensure any damage of the facility’s components or abnormalities in operation conditions be immediately attended to or reported to Trades and technical Services. 74

EXHIBIT 2 SAMPLE ICE RESURFACER AND ASSOCIATED EQUIPMENT MAINTENANCE STANDARDS

1. Ice Resurfacer Checklist: At the beginning of each shift, the arena attendant completes a check of the ice resurfacer. This includes fluid levels, condition of body for dents and scratches, tires, fuel levels, condition, oil change date.

2. PPE and Zamboni Operating Safety: Attendants are required to wear steel toed boots. Ensure surface is clear of pucks, net pegs and any other debris. Ensure door gates are closed.

3. Flood Procedure: Attendants are required to follow a prescribed pattern, follow safe driving procedures, monitoring flood levels, lifting conditioner over crease.

4. Principles of Ice Resurfacing: Attendants should keep in mind an even steady pace, rate of blade depth, lifting conditioner.

5. National Gas Refuelling Procedure: Attendant should follow all safety precautions when refuelling machines. Look for any trouble lights and detecting any natural gas odors.

6. Automatic Zamboni Water Fill System: Ensure hot and cold are on and in line. Do not adjust temperature settings.

7. Ice Plant Readings: These are to be taken once during each shift and recorded in the log book. If any abnormalities, these are directed to Building Maintenance.

8. Task Cards and Shift Report: Completed weekly and daily as required. Report summaries of work day, accomplished tasks. Task cards record hours of the week.

9. Proper Maintenance Procedures (i.e. Greasing, Blocking, Washing of Augers, Tire Washing): Follow daily procedures.

10. Troubleshooting: Monitor gauges for overheating; observing ice conditions when scraping; listening for unusual sounds.

11. Emergency Manual Conditioner Lift System

12. Natural Gas Hose Replacement and C.N.G. Tank Leak Procedure: Observe safety procedures and call ATCO for gas hose replacement. If gas odors are observed, turn off valve between tank and Zamboni.

13. Ice Resurfacer Stall Procedures: Stay calm, ensure water is turned off, lift conditioner, assess situation (where is the Zamboni located); call Trades.

14. Snow Bucket Full or Augers Jammed: Say calm, turn water off, proceed cautiously off the ice, assess. Dump the bucket and finish flood. If the augers are jammed, lower the conditioner, hose augers, continue flood. 75

15. Accidents: Stay calm, assess the situation, report any damage. If it is inoperable, you may have to call a mechanic or two truck. Call Fleet Safety.

16. Ice Thickness, Flood Water Temperatures, Arena Air Temperatures: Ample coverage to prevent lines being shaved off; not so thick you can’t see them; maintain flood water temperature settings and arena air temperatures.

17. Ice Measurement Charts: Completed weekly by the A Team or attendant.

18. Common Ice Problems (i.e. Hole Patching, Bad Edges, Thin Ice, Thick Corners, Ice Not Freezing, Line Shave Outs, Crease Problems, etc.): Assess situation, manage the situation accordingly. Depending on the problem. If ice is not freezing, this could be an ice plant malfunction. Call Building Trades immediately.

19. Setting Blade Depth: Depending on user group the depth of shave.

20. Scrape and Flood Procedures: Maintain a routine, equal amount of water down as ice removed. Dependant on user group demands.

21. Water Control: Even speed while flooding, reducing water in corners.

22. Raising Blade or Bumping the Conditioner: Completed during flood to prevent the crease from getting too thin.

23. Speed: Maintain a steady speed to ensure equal flood water coverage.

24. Emergencies (i.e. Hydraulic Leak, Broken Ice Breaker Spring, Flat Tire, Building Emergency, Debris on Ice, Damaged Blade, Users on the Ice): Stay calm, assess situation, remove Zamboni from ice surface if damaged. If damage to ice is imminent.

25. Hand Edging of Boards: This is completed at the end of each night. After power edging. Wear spikeys, steel toed boots, glasses and gloves.

26. PPE Required: Attendants are required to carry proper Personal Protective Equipment. This includes proper footwear, eye glasses, hearing protection, gloves, etc.

27. WHMIS Binder: Each facility is required to carry WHMIS binders and MSDS for all identified products in the facility. Each product requires an updated label to identify the product. All related materials should be stored properly and in proper containers. MSDS should be easily accessible for employees. 76

EXHIBIT 3 CUSTODIAL STANDARDS BUILDING CHECKLIST

DAILY STANDARD: “A” LEVEL

· Clean all fixtures, taps, sinks, toilets, mirrors & urinals (clean out drains) and restock all dispensers. All public washrooms; all dressing rooms; all referee rooms.

· Sweep/*wash all floors. All public washrooms; all dressing rooms; all referee rooms. * Use power floor scrubbing machines where applicable * Use appropriate cleaning product and procedure for marks on floor prior to scrubbing

· Sweep/*wash all lobby and hallway floors * Use power floor scrubbing machines where applicable * Use appropriate cleaning product and procedure for marks on floor prior to scrubbing

· Sweep/*wash all viewing areas in warm areas * Use power floor scrubbing machines where applicable * Use appropriate cleaning product and procedure for marks on floor prior to scrubbing

· Spot clean marks on dressing walls using appropriate cleaning product and procedure as required.

ON A WEEKLY ROTATIONAL BASIS: MON, TUE, WED & THUR

· Deep clean one dressing room floor per shift using swing floor scrubber/Rabbit Machine

· Deep clean one shower area per shift using scrub/foamer disinfectant/shower cart, including referee rooms.

Based on 6 hrs/day/7 days/wk. Between the hours of 0700 - 2300

SIGNATURE: ______DATE COMPLETED: ______77

EXHIBIT 4 BUILDING CHECKLIST

STANDARD: “A” LEVEL

DRESSING ROOMS

· Floors are swept and wet mopped. Waxed regularly to maintain shine.

· Benches area wiped down.

· Chairs cleaned and vacuumed if necessary. Steam Clean chairs at least annually.

· Window sills dusted and windows cleaned if necessary.

· Stairs are cleaned and splash marks removed.

· Walls are checked and cleaned as necessary. Report any significant challenges to Arena Attendant.

· Washrooms are cleaned, supplies replenished and room freshened.

· Curtains dusted and vacuumed periodically.

· Freshen the dressing room with an air freshener.

· Outside windows cleaned at least once a week, more if necessary.

· Garbage is removed, bags replaced, and containers wiped down.

· Items left behind room rentals are turned into Arena Attendant.

· When day meetings are scheduled, buildings are opened by the caretaker/arena attendant on duty at the time specified.

SIGNATURE: ______DATE COMPLETED: ______78

EXHIBIT 5 BUILDING CHECKLIST

STANDARD: “A” LEVEL

HALLWAYS

· Floors are power scrubbed daily.

· All tables and chairs are wiped down.

· Window sills dusted.

· Splash marks removed.

· Walls are checked and cleaned as necessary.

· Washrooms are cleaned, supplies replenished and room freshened.

· Check light fixtures, fire extinguishers. Report bulb/refill requirements to operations.

· Freshen the hall with an air freshener.

· Garbage is removed, bags replaced, and containers wiped down if necessary.

· Items left behind from rentals are promptly reported to Arena Attendant.

· When day meetings are scheduled, buildings are opened by the caretaker/arena attendant on duty at the time specified.

SIGNATURE: ______

DATE & TIME COMPLETED: ______79

EXHIBIT 6 BUILDING CHECKLIST

STANDARD: “A” LEVEL

ADMINISTRATIVE OFFICES

· Floors are swept and wet mopped.

· All tables and chairs wiped down.

· Clean washrooms (floors, sinks, stalls, toilets, etc.).

· Dust window ledges, shelves, baseboards.

· Garbage is removed, bags replaced, and containers wiped down if necessary.

· Check fire extinguishers. Refill water canisters as needed and report chemical requirements to operations.

SIGNATURE: ______

DATE & TIME COMPLETED: ______80

EXHIBIT 7 BUILDING CHECKLIST

STANDARD: “A” LEVEL

ZAMBONI ROOM

· Floors are swept and wet mopped.

· Dust all areas.

· Garbage is removed.

SIGNATURE: ______

DATE & TIME COMPLETED: ______81

EXHIBIT 8 BUILDING CHECKLIST

STANDARD: “A” LEVEL

BLEACHERS

· Floors are wet mopped.

· Stairs are cleaned and splash marks removed.

· All tables and chairs are wiped down.

· Walls checked and cleaned if required.

· Lights checked and bulbs replaced/reported as needed.

· Windows are cleaned weekly, more if necessary.

· Garbage is removed, bags replaced, and containers wiped down if necessary.

· Washrooms are cleaned (floors, stalls, mirrors, toilets, sinks and counters cleaned), supplies replenished and room freshened.

· When day rentals are scheduled, buildings are opened by the caretaker/attendant on duty at the time specified.

SIGNATURE: ______

DATE & TIME COMPLETED: ______82

EXHIBIT 9 BUILDING CHECKLIST

STANDARD: “A” LEVEL

LUNCH AREA

· Main floor swept and wet mopped, polished if needed.

· Lights cleaned weekly.

· Baseboards dusted.

· Tables and chairs wiped down.

· Walls checked and cleaned if required.

· Washrooms cleaned, supplies replenished, and freshened.

· Rooms freshened using an air freshener.

· Apply lemon oil to wood surfaces once a week.

· Windows cleaned weekly.

· Garbage is removed, bags replaced, and containers wiped down if necessary.

· Items left behind are promptly reported to Arena Attendant.

SIGNATURE: ______

DATE & TIME COMPLETED: ______

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