CONTRACT NO. PRKS2014-01 -...

CITY OF BELLEVILLE

REQUEST FOR PROPOSALS FOR SUPPLY AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT

AT WEST ZWICKS PARK PLAYGROUND

CONTRACT NO. PRKS2014-01

PLEASE NOTE: BID REGISTRATION

Bid Registration is provided to assist in the issuance of any addendum's (via fax or email),

should the need arise. Prospective Proponents are required to register and to also check City’s

Website site for any addenda that may have been issued prior to submission of their final Bid

submission. The City of Belleville - Purchasing Services is not responsible for the Proponent's

failure to register for updates for Addenda to the originally posted Request for Proposal; it is the

Proponent’s responsibility.

REQUEST FOR

PROPOSALS

CITY OF

BELLEVILLE

PROPOSAL CONTACT:

Larry Glover, Manager of Parks,

Environmental & Operational Services Dept.

259 North Park St. Belleville, ON K8N 2Z2

Tel (613) 967-3767 Fax (613) 967-0041 Email [email protected]

ENVIRONMENTAL & OPERATIONAL

SERVICES DEPARTMENT

REQUEST FOR PROPOSALS FOR SUPPLY AND

INSTALLATION OF NEW PLAYGROUND EQUIPMENT



DATE OF ISSUE:

September 24th, 2014

SUBMISSION DATE:

Thursday, October 9, 2014 @ 1:00 p.m., local time.

SITE MEETING: Tuesday, September, 30, 2014 @ 9:00 a.m. at the Site.

CLOSING LOCATION Finance Department City of Belleville City Hall, 169 Front Street, Belleville, ON K8N 2Y8

Attn: Ms. Yasmina Jamal, Purchasing Supervisor Tel (613) 968-6481 - 3301 Fax (613) 967-3206 Email [email protected]

mailto:[email protected]


2014 - Zwicks Playground RFP - New Playground Equipment - FINAL Page 2 of 52

REQUEST FOR PROPOSALS FOR

SUPPLY AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT AT

WEST ZWICKS PARK PLAYGROUND

BELLEVILLE, ONTARIO

CONTRACT NO. PRKS-2014-01

TABLE OF CONTENTS

INFORMATION TO BIDDERS – KEY DATA SHEET ................................................................. 3

1.0 GENERAL DESCRIPTION: ............................................................................................. 4 2.0 PROJECT SCOPE: ......................................................................................................... 5 3.0 SPECIFIC CONDITIONS: ................................................................................................ 8 4.0 STANDARDIZED PROPOSAL SUBMISSION FORM .................................................... 10 5.0 PROPOSAL PRICING ................................................................................................... 18 6.0 INFORMATION AND INSTRUCTIONS ......................................................................... 20 7.0 PROPONENT’S RESPONSIBILITIES: .......................................................................... 37 9.0 GENERAL CONDITIONS: ............................................................................................. 40 10.0 APPENDIX A – DRAWING L1 – EXISTING CONDITIONS ................................................

AGREEMENT TO BOND PERFORMANCE BOND LABOUR AND MATERIAL PAYMENT BOND AGREEMENT SUBMISSION LABEL HEALTH & SAFETY POLICY ALL ATTACHED.

2014%20-%20Zwicks%20Playground%20RFP%20-%20%20New%20Playground%20Equipment%20---%20FINAL%20DRAFT.doc#_Toc398046951











CITY OF BELLEVILLE

INFORMATION TO BIDDERS – KEY DATA SHEET


SUPPLY AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT



Proposal For: City of Belleville, Environmental & Operational Services Dept.

Scope of Work: For supply & installation of new Playground Equipment at West Zwicks Park Playground.

Closing Date: Thursday, October 9, 2014 @ 1:00 p.m., local time.

Contract Completion Date: Job to be completed by: Friday, April 15th, 2015

Site Visit Date: Tuesday, September 30, 2014 at the Site at 9:00 a.m. SHARP

Bids to be delivered to:

Yasmina Jamal, Purchasing Supervisor City Hall, 169 Front Street, 1st Floor Belleville, Ontario, Canada K8N 2Y8 Tel. No. (613) 968-6481 Email: [email protected]

Faxed or electronically sent bids will NOT be accepted.

Inquiries:

Larry Glover, Manager of Parks, Environmental & Operational Services Dept. Tel (613) 967-3767 Email: [email protected] AND/OR

Kevin Tribble, Heartland Design, Landscape Architects Tel (613) 849-5543 Email: [email protected]

MOE Approvals: N/A

Bonding:

Agreement to Bond. Required. YES

100% Performance Bond.

50% Labour & Material Payment Bond.

Both Required.

YES

Bid Deposit:

A certified cheque OR Bid Bond made payable to the City of Belleville in the amount of five percent (5%) of the total price including HST.

Required. YES





CITY OF BELLEVILLE





1.0 GENERAL DESCRIPTION:

1.1 Purpose:

City of Belleville (The “City”) is proposes to engage the services of a company with experience in designing, supplying, delivering and installing playground equipment at West Zwicks Park Playground. This park is located along the Bay of Quinte, on the lower west side of the Bay Bridge, 11 Bay Bridge Road, Belleville, Ontario, K8P 3P6. This approach is being undertaken to encourage innovative and creative thematic design proposals while adhering to the attached criteria, specifications and guidelines. The objective of this Request for Proposal (RFP) is to provide the City with qualified proponents capable of carrying out the work herein defined. The subsequent Proponent submissions will form the basis for evaluation and selection.

Proponents must not exceed the total project budget of $200,000, Harmonized Sales Tax Included.

The evaluation process will judge each proposal on a series of criteria listed within this document.

1.2 Submissions

The proposal must be made in the form of a signed proposal package. There shall be one (1) proposal package marked original and three (3) proposal packages marked complete copy. Proposal packages shall be delivered in a sealed envelope, with the proponent’s company name Proposal Number clearly stated and addressed as stated herein. Each proposal package shall include:

1. A fully completed and signed Standardized Proposal Submission Form. Refer to 5.0

2. Site Layout Plan Drawings minimum 11” x 17” size hardcopy and pdf electronic format showing clearly all equipment, model numbers, colours, dimensions, locations and non-encroachment zones etc. for each piece of equipment proposed.

3. Three dimensional perspective drawings showing the proposed equipment minimum 11” x 17” hardcopy size and PDF electronic format.

4. Information on materials and equipment from the manufacturer including warranty.

5. Signed statements from the manufacturer and installer indicating full compliance with CAN/CSA – Z614 Children’s Playspaces and Equipment Standard for layout and components offered. Surface impact certification is required.


1.4 Key Dates

1. RFP Issued September 24th, 2014

2. Site meeting September 30th, 2014, 9:00 a.m.

3. Enquiries received up to October 3rd, 2014, 4:30 p.m. EST

4. Closing date for submission of proposals

October 9 th, 2014, 1:00 p.m. EST

5. Evaluation/Award October 15th, 2014, tentative

6. Final design & Layout Sign off October 28th, 2014

7. Installation of play structures & equipment completion

April 15th, 2015

1.5 City Representatives/Project Co-coordinator

The City representative is Mr. Larry Glover. Project co-coordinator and landscape architect is Kevin Tribble, Heartland Environmental Design. The Bidder is responsible for layout and survey where required, of all elements under the contract. See Project Data sheet for contact details.

1.6. Enquiries and Addenda

Clarification of terms and conditions of the RFP document and RFP process and all other enquiries shall be directed to:

Kevin Tribble, B.L.A. Project Designer, Landscape Architect Heartland Environmental Design [email protected]

2.0 PROJECT SCOPE:

2.1 Background:

West Zwicks Playground is located at 11 Bay Bridge Road, Belleville, Ontario K8P 3P6. Zwicks Park was created many years ago on landfill, and thus all new development must be at or above existing grade in order to avoid disturbing subsoil conditions.

The playground was installed in 1992 and has now reached the end of its useful life. A Playground Inspection Report is available upon request.

Parts of the current play equipment sits in a sand base, surrounded by a concrete apron. The City would like to maintain the existing footprint for the Preschool (2-5) play equipment in order to retain the majority of the concrete walks which are still in good condition. A second Sr. (school age 5-12) piece of equipment will be situated in an open area to the east of the current playground. There is currently a separate area with swings and a zip line. The swings and zipline will be removed by the City of Belleville forces prior to construction start –up.

The existing fences may be reconfigured, provided the overall play zone remains fenced. (Removals, reconfiguration and installation of fencing by others). Note that there is an access gate off an access road at the east end of the playground. The Playground Inspection Report of June 2014 can be made available upon request to the Landscape Architects.


2.2 Scope of Work

For clarity purposes, the following chart is intended to provide proponents with a summary of the scope of work of the RFP within the context of the overall City Park and Playground Revitalization project:

Task Responsibilty

1. Existing playground equipment demolition and disposal.

City of Belleville

2. Site preparation, excavation, grading. Granular placement for asphalt walkway.

City of Belleville or designate

3. Drainage system installation City of Belleville or designate

4. Wood retaining border City of Belleville or designate

5. Playground equipment siting, layout, design, supply and installation.

Successful proponent

6. Safety surfacing supply City of Belleville

7. Safety surfacing installation City of Belleville

8. Site furnishings, supply & installation City of Belleville

9. Supply and installation of asphalt walkway City of Belleville or designate

9. Site restoration, minor landscaping, seed, sod, repairs. Supply and installation of fences as required.

City of Belleville or designate

2.3 Playground Design, Equipment and Installation Requirements

The proponent will prepare a detailed playground siting and equipment plan, supply all play equipment

including necessary floating metal rafters, anchors, and other required components, and fully install all

playground equipment. Detailed siting and equipment plan shall be coordinated with the Landscape

Architect’s drawing L0- Playscape Envelopes, attached to this RFP.

Playground layout and equipment must be designed with the following considerations:

1. Playground equipment will be situated in the existing area on site as illustrated on the

attached L0 – Playscape Envelopes. This drawing includes the existing context within which

this project occurs. It also indicates the footprint available for the existing Jr. play area and

the proposed footprint for the new Sr. Play area and the general preferred layout.

2. Include two independent play areas or structures, one designed for children aged 2-5 and

one for children aged 6-12. The play structure for the 2-5 age group should be located within

the existing playground footprint. The play structure for the 6-12 group may be located to the

area east, and is flexible within the footprint shown on L0 - Playscape envelope drawing.

Proponents should consider the he location/alignment of the inside edge of the proposed

asphalt walkway as the default limit for their design. If there is a compelling reason to

change the shape slightly to accommodate their design layout, it should be indicated in the

submission, noting the extent for the change, and the rationale.


3. Theme: 2015 is the 400th anniversary of Samuel De Champlain’s legendary

exploration of the Bay of Quinte in this location. We believe this historic event can be

tied in to the new playground structures that will be replacing the old (1992) wooden

play structure. The City of Belleville would like a marine/sailboat related theme (not

a pirate ship) that would incorporate a range of play activities into a sailboat type

structure, possibly associated with a smaller related fort or ‘landing’, that would

provide imaginative play activities based on this theme. This theme is particularly

relevant since a sailboat is a part of the City of Belleville’s logo, and it may be

possible to incorporate shade sails into the structure to provide shade, colour and

visual interest.

4. Desired play components includes:

Single, triple wavy slides

Wavy bridges, clatter bridges

Crows nest

Tot play ship bow

Helm & steering wheels

Climbing boulders & net connectors

Rope ladders

Rail climbers

Jungle net

Wave wall

Rappel wall

Sliding poles

Masts and shade sails

Portholes, rails, maps, ship windows, anchors, bubble panels

Periscope

Talking tubes

Cable net connectors

Deck ladders

Snake ladders

Crawl tunnels

Double Zip line with accessible features

Group dish swing, surge swing, belt, tot and accessible swing

Free standing spinning or net climbing feature

Life boat

Hillscape (wave-like) platforms

Separate ‘island’ or ‘fort’ for Pre-school 2-5 year olds– that could include a play fort,

stepping stones or logs, rock climbers, nets, boulders, trees, leafy tree canopy etc.

Appropriately themed spring toys (3)


5. Colour scheme:

Boat: Blue, black, white, with red accents to complement the red roof of the adjacent Tom Gavey Picnic Pavilion.

Fort or island: Brown, white, blue, green

6. Preferred materials include Aluminum support posts, metal platforms and steps, U.V. Stabilized

Low Density Polyethylene slide, Phifertex, polyetheylene or Sunshade fabrics, Glass Fiber

Reinforced Concrete and High Density Polyethylene Boards.

7. All attaching hardware i.e. nuts, bolts, washers and screws shall be stainless steel. Fasteners

shall be vandal resistant.

8. All play grounds shall be supplied and installed in accordance with the current CSA standards

for play spaces.

9. Accessibility- the playground equipment shall have accessible components.

10. Playground foundations shall be on floating steel rafters at or above grade.

11. Proponents may submit more than one concept or concept variations for consideration.

12. Removal, reconfiguration and reinstallation of chain link fencing by others. Bidders may suggest

the fencing reconfiguration requirements that meet their proposed design.

2.3 Price:

The budget for the complete playground and protective surfacing is $ 200,000 including the Harmonized Sales Tax (HST).

2.4 Construction Time-Line:

Complete installation will be fully completed no later than Friday, April 15th 2015.

3.0 SPECIFIC CONDITIONS:

3.1 All workmanship and material is to be guaranteed for a minimum period of two (2) years unless otherwise stated from the completion date of the project and all work must be performed to the satisfaction of the Parks Manager.

3.2 It is the responsibility of the proponent to satisfy himself/herself by examination of the site of any existing conditions and materials which may be encountered on the site. The successful proponent must notify all utility agencies regarding the installation of any services in this contract area and to obtain stakeouts and permits for these services. The successful proponent is responsible for any damage caused to underground utilities or services by his/her work forces including sub-Bidder(s) in the execution of this Contract. The successful proponent is responsible for any necessary utility locates.

3.3 The entire work site of the installation will be enclosed with tamper proof construction fencing. The successful proponent shall ensure that the site fencing is maintained in good condition throughout installation work.


3.4 The Landscape Architect will confirm on site the layout of the various playground elements with the successful proponent, prior to start of work.

3.5 The successful proponent agrees not to submit a specific claim for compensation due to adverse soil conditions and natural conditions, or any adverse general or local conditions. The proponents are responsible for examining all sites and reviewing all site conditions before submitting a proposal.

3.6 All layouts, structures and installations to meet or exceed current CSA guidelines. Any items which do not meet the guidelines current at the time of installation will be corrected at the successful proponent's expense.

3.7 The successful proponent shall at all times keep the premises free from accumulations of waste material or rubbish caused by the work. All rubble and waste material caused from work or demolition must be hauled off site and disposed of immediately. At the completion of the work the successful proponent shall remove all his plant, tools and surplus materials, and shall leave the works "broom clean" or its equivalent.

3.8 The successful proponent will be responsible for the protection and maintenance of all

equipment during construction until granting of substantial performance.

3.9 While drawing L0 – Playscape Envelopes, is provided, the city makes no claim as to accuracy of

this drawing. All site dimensions are the responsibility of the proponent.

3.10 The successful proponent is responsible for survey layout of all elements including grade

elevations to the approval of the City of Bellevil le . Grade and survey layout stakes shall

conform to the OPSS applicable sections and City of Belleville standards.

3.11 Commencement of work implies acceptance of surfaces and conditions. No claim for

damages or resulting extra work due to site conditions will be accepted by The City of Belleville.

3.12 The successful proponent shall be responsible for the reinstatement and repair of all items damaged as a result of the work. These include, but are not limited to, curbs, municipal sidewalks, and boulevards. Such repairs must be completed prior to Substantial Performance.


4.0 STANDARDIZED PROPOSAL SUBMISSION FORM

Evaluation Category: Proponent Team Points available: 10

Proponents are required to fully explain their proponent team and their experience undertaking similar projects. Higher points will be given proponent teams that have successfully completed numerous projects of similar scale as a cohesive team and can meet the project time-line of the City of Belleville.

Team Members

Indicate all members of the proponent team. This includes all companies who will be involved in the project with the key individuals.

Lead company for proponent team

Responsibilities of lead company

Name of project manager for lead

company Years of experience as a project manager of similar work

Other key individuals for lead

company and responsibilities

Name of sub-Bidders required to

complete work as proposed.

Indicate scope of work for sub

Bidder and key individuals with the

company.

Indicate the number of similar

playground projects completed by

this proponent team as proposed.

Indicate the number of business days to secure all material

components from the date of order.

Indicate the number of business days required to complete

construction of works outlined in the proposal.

Indicate completion date for playground installation. Due to

political considerations, preference will be given to proponents who

able to complete the playground installation in the fall of 2014.


References: Points available: 5 Provide References of other projects of a similar nature as the scope of this RFP. Do not reference any projects completed where the City of Belleville has been the Client. Proponents may include photographs to better explain reference project. In doing so ensure that photographs identify reference projects.

Reference # 1

Client:

Location:

Client Project Manager Client Project Manager

Phone No.

Year of Completion:

Approximate Value:

Size of playground Area (in

Sq. Metres):

Approximate time to

construct:

Provide any additional

information to describe project including team members.

Reference # 2

Client:

Location:

Client Project Manager Client Project Manager

Phone No.

Year of Completion:

Approximate Value:

Size of playground Area (in

Sq. Meters)

Approximate time to

construct:


information to describe project including team members.


Reference # 3

Client:

Location:

Client Project Manager

Client Project Manager

Phone No.

Year of Completion:

Approximate Value:

Size of playground Area

(in sq. Metres)

Approximate time to

construct:


information to describe project including team

members.

Evaluation: Play Value

Points available: 20

Provide information about what kind of experience playground users will have with your proposal. Higher points will go to proponents that can provide for a wide variety of play experiences for all age groups.

Total number of play features (all types).

Number of overhead play features.

Number of climbing features (not

overhead).

Number of slides and sizes/heights

Number of elevated play features

Number of ground level play features

Length of zip-line if included. Single or double. Special features.

Number and type of swing features


Briefly explain how your proposal

provides for a high level of play value. Include references to any special play

features that should be highlighted.

Provide a detailed plan layout of the playground design. The plan shall clearly illustrate all

features being proposed. The plan shall clearly illustrate all features being proposed in plan and

elevation, minimum 11 x 17” size. Three dimensional perspective drawings showing the

proposed equipment should be included as well.


Evaluation Category: Accessibility Points available: 5

The design of the playground area shall have accessible components. Proponents shall make full use of the accessible site. Higher marks will go to proponents that can incorporate accessible features within the design. Note, accessibility is meant in a broad and universal meaning and does not limit only to those who use a wheelchair.

Number of components

with accessible features

and experiences.

Briefly describe

accessible features and

experiences with your

playground equipment

proposal.

Marine Theme: Points Available: 10

Briefly describe aspects of your design that incorporate and expand on the historic Marine theme.


Quality of Components:

Points available: 10

The materials, manufacturing and paint systems used by playground manufacturers vary. Proponents shall clearly indicate the different components and what systems are used. Higher points will be awarded to proposal that demonstrate a high level of quality in all aspects of the playground equipment.

State the manufacturer's name,

and product line(s) of the play

equipment.

State the number of

year's that the

manufacturer has

been operating in

Canada.

Provide a brief description of

the materials used to comprise

key components. (Posts, decks,

rails, etc...)

Provide a brief description of

foundation system.

Evaluation Category: Warranty

Points available: 5

Provide information on the warranty period for various aspects of the playground equipment proposal. Higher points will be given to proponents that offer the longest and most comprehensive warranty. The detailed terms and conditions of the warranties may be provided on a separate sheet.

State the manufacturer's

warranty period for structural

components (posts, decks,

etc...)


State the manufacturer's

warranty for period for

various types play features

Evaluation Category: Appearance & Creativity Points available: 20

Provide information on the appearance of the proposed playground equipment demonstrate through text as well as illustrations/renderings how your playground design is pleasing to the eye, fits the site and provides a high degree of creative play experiences in keeping with this Regional Park. Higher points will be provided to the proposal that demonstrate a great aesthetic that is inviting to the public and fits in the surroundings.

Provide a brief description of the

overall aesthetic intention /creative aspects of the the

aspects of the theme provided.

State any special fit & finish

details of the playground equipment that adds to the creativity of the proposal.

Provide a colour selection palette to illustrate colour options.


Evaluation Category: Serviceability

Points available: 5

Provide information on the service operations of the proposed playground equipment. Higher points will be awarded to a proposal that can provide a playground that will have lower requirements for operation.

Evaluation Category: Presentation Points available: 5

Bidders shall submit a PowerPoint presentation on a CD that will be reviewed by the Selection team. Points will be based on clarity, completeness, communication of play value and aesthetics, alignment with Maritime theme, and ability to clearly explain and demonstrate the value of their proposed design.

Evaluation Category: Maximization of available budget Points available: 5 Please elaborate on how your proposal will maximize the available $200,000 budget, and provide details on why your proposal provides the best value for the dollars available .

State the required routine service to

operate the playground equipment only.

State any features that reduce the requirement of service/maintenance on the proposed playground equipment. This includes vandalism issues.


CITY OF BELLEVILLE





PROPOSAL PRICING _________________________________________________________________________________________________

Total Cost: $_________________

Harmonized Sales Tax: $_________________

TOTAL AMOUNT: $_________________

HST of 13% will apply to all payments for services rendered. ________________________________________________________________________________

Submitted to: The Corporation of the City of Belleville.

NAME OF COMPANY: ____________________________________________________________ ADDRESS: _____________________________________________________________________ CITY: _______________________PROVINCE:___________POSTAL CODE________________ NAME OF SIGNING OFFICER: _____________________________________________________ TITLE: _________________________________________________________________________ AUTHORIZED SIGNATURE: _______________________________________________________ TELEPHONE: _______________________________ FAX: ______________________________ EMAIL ADDRESS: _______________________________________________________________ H.S.T. Registration No.:___________________________________________________________

Person signing must be authorized to sign on behalf of the company/Individual represented, and to bind the Company/Individual to statements made in response to this contract.

_____________________________________________________________________


CITY OF BELLEVILLE





PROPOSAL PRICING

________________________________________________________________________________

THE LOWEST; OR ANY PROPOSAL OR ANY PART; OF ANY PROPOSAL NOT NECESSARILY ACCEPTED

THE COMPLETION DATE FOR THIS PROJECT IS FRIDAY, APRIL 15, 2015


INFORMATION AND INSTRUCTIONS

1. PURPOSE:

This Request for Proposal states the instruction for submitting proposals and the procedure by which Proponent will be selected.

2. DEFINITIONS:

Hereinafter, each company receiving this Request for Proposals is referred to as a “Vendor” and/or “Proponent” and/or “Contractor”; a Proponent’s proposal in response to this Request for Proposals is referred to as a “Proposal” and the City of Belleville shall hereinafter be referred to as the “City.”

3. ISSUING OFFICE:

Finance Department City of Belleville City Hall, 169 Front Street Belleville, ON, K8N 2Y8 Attention: Yasmina Jamal, Purchasing Supervisor Telephone: (613) 967-3200, Extension 3301 Fax: (613) 966-5177 Email: [email protected]

4. CLOSING DATE AND TIME:

Proposals, signed by the Proponent’s authorized representative and enclosed in the envelope provided for the purpose, must be received by the Issuing Office, not later than 1:00 p.m., local time, on Thursday, October 9, 2014. The City of Belleville will not accept the submission of any Proposals after the closing date and time.

5. PROPOSAL SUBMISSION:

There shall be one (1) proposal package marked original and three (3) proposal packages marked complete copy. Proposal packages shall be delivered in a sealed envelope, with the proponent’s company name, Proposal Number clearly stated on the submission label provided with this document. Faxed or electronic replies will not be accepted. Proponents may not make modifications to their Proposals after the closing date and time except as may be allowed by the City. Proponent is responsible to obtain all permits. The City may reproduce any of the Proponent’s Proposals and supporting documents for internal use. The City will not be obligated in any way by the Proponent’s Proposal. The City will not return any of the Proponent’s Proposals or supporting documents to the Proponent.



INFORMATION AND INSTRUCTIONS (Contd.)

6. PROPOSAL COSTS:

The Proponent has the sole responsibility for any costs associated with preparing its Proposal in response to this Request for Proposals. In no event will the City be responsible for the costs of preparation or submission of any Proposal.

7. IRREVOCABLE OFFER:

Proposals submitted to the City shall constitute a valid and irrevocable offer which is open for acceptance by the City from and after submission until the expiration of the 90th day following the Closing Date specified in Item 4., Closing Date and Time.

The RFP does not create a proposal process. This RFP is not an invitation for an offer to contract and is not an offer to contract made by the City. By this RFP, the City reserves to itself the right, in its sole and absolute discretion, to consider and analyze the Proposals, select a preferred Proponent and negotiate with all or any of the Proponents and sign an agreement with the preferred Proponent or not sign an agreement at all. Without limiting the generality of the foregoing, the City reserves the right to a) reject any Proposal whether or not complete and whether or not it contains all the required information; b) require clarification of the Proposal; c) request additional information on any Proposal; d) reject any and all Proposals without any obligation of compensation or reimbursement to the Proponents; e) re-advertise for new submissions or Call for Proposals for this work or the work of a similar nature; f) negotiate with any one or more of the Proponents with respect to any aspect of the RFP, this process, mandatory requirements or otherwise with respect to the Proposal; g) the City may, in its sole and absolute discretion, independently verify any information in any submission. The City reserves the right to debrief both the successful and unsuccessful Proponents after the announcement of the selected Proponent. Where ever the words “will”, “shall” or “must” are used in this RFP, the City will have the option of waiving this as a mandatory requirement as it is intended the Proposals be subject to review and negotiation and not all options may be known to the City at this time. Therefore, the City must have the ability to waive what otherwise appear to be mandatory requirements in the appropriate situation as determined by the City. The lowest priced or any proposal will not necessarily be accepted.



8. INQUIRIES AND CHANGES:

Any inquiries regarding the Proposal should be directed to:

Larry Glover, Manager of Parks, Environmental & Operational Services Dept. Tel (613) 967-3767 Email: [email protected]


9. SITE MEETING:

Contacts:

Larry Glover, Manager of Parks, Environmental & Operational Services Dept. Tel (613) 967-3767 Email: [email protected] AND/OR


It is the responsibility of each Proponent to inquire about and clarify any requirements of this Request

for Proposals, which are not understood. Proponents must obtain their own information on all matters and things that may in any way influence

them in making their Proposals and fixing prices. Proponents must satisfy themselves in all respects as to the risks and obligations to be undertaken by

them. If a Proponent discovers any inconsistency, discrepancy, ambiguity, errors, or omissions in this

Request for Proposals, it must notify the City's Purchasing Supervisor, who may, if necessary, send written addenda to all.

The City may, at any time, make and stipulate changes to this Request for Proposals.

The City may provide additional information, clarification or modification by written addenda. All addenda shall be incorporated into and become part of this Request for Proposals. The City shall not be bound by oral or other information, explanations or clarifications not contained in written addenda.







10. SELECTION PROCESS:

Because the City bases any decision to award a contract on the Proposals submitted, Proponents should include all requirements, terms and conditions it may have in their Proposal, and should not assume that any opportunity will exist to add such matters after the Proposal is submitted.

The City reserves the right, at its sole discretion, to negotiate with any Proponent as it sees fit, or with

another Proponent or Proponents concurrently. In no event will the City be required to offer any modified terms to any other Proponent. The City shall incur no liability to any other Proponent as a result of such negotiations or modifications.

11. BASIS OF SELECTION:

The following may be considered in selection: a. The City will not necessarily accept the lowest price or any Proposal. Any implication that the

lowest or any Proposal will be accepted is hereby expressly negated. b. Any features or advantages, which are unique to the Proponent's Proposal, which the City has

not listed in the requirement including number and types of apparatus. c. The Proponent's financial Proposal. d. The Proponent’s relevant experience, qualifications and success in providing Work of the type

described in the requirements. e. The quality of the Proposal, specifically: Proposals shall be prepared in a straight forward

manner, and shall describe the Proponent's offering(s) and capabilities in a format that is reasonably consistent, comprehensible, and appropriate for the purpose.

f. The contractual terms proposed by the Proponent, which would govern any contractual

relationships with the City. g. The Proponent's references (if requested) from institutions which are comparable to the City.

12. EVALUATION OF PROPOSALS

The evaluation of the Proposals will be conducted by the City’s Project Team and shall involve an evaluation of all of the Proposals by the Proponent. These may include the relative experience, qualifications and success in providing similar work of the Proponent, the quality of the Proposal, both from a technical and financial aspect, any special contractual terms in the Proposal, the references of the Proponent and the Proponent’s understanding of the RFP process and the proposed Project implementation and time frame will become a proposed work plan, technical expertise and the financial proposal, including any cost components.

The Proposal shall be evaluated and scored by reference to the assessment criteria and the weight set out below.



The City reserves the right to review any and all requirements of the RFP and all information contained in the submitted Proposals as part of its selection criteria in addition to or as part of the weighting set out below.

In evaluating any of the categories, the score to be ascribed to the category or weighting to be ascribed to the category shall be determined by the City Project Team in its sole discretion given that these are often subjective matters, that there is no requirement on the part of the City to use any formulas or mathematical approach and that the City’s opinion and assessment of each Proposal is to be determined by the City in its sole and absolute discretion.

Following the evaluation, the City reserves the right to accept or reject any and all Proposals or accept the Proposal which it deems the most advantageous to it notwithstanding the scoring of each of the Proposals and has the right to reject any or all Proposals, including specifically any Proposal whose weighting in any one particular category may be unacceptable even though it is weighting in other categories is superior to other Proposals, which could include a Proposal whose financial or cost component is significantly in excess of the obligations the City is prepared to undertake and the City reserves the right to disqualify any Proposal which scores poorly in any category.

Evaluation Category

Points Available

Proponent Team

10

References for similar installations

5

Play Value

20

Accessibility

5

Marine Theme

10

Warranty 5

Quality of Components

10

Appearance & Creativity

20

Serviceability

5

Presentation 5

Maximization of Budget 5

The maximum number of points for a proposal is 100. To ensure a fair and equitable evaluation of proposals, proponents are required to fully complete the Standardized Proposal Submission form. Failure to complete the Standardized Proposal Submission will result in proposal rejection.



13. INDEMNIFICATION

The successful Proponent agrees to indemnify and hold harmless the City and its member municipalities, their respective Directors, Officers, Employees and Agents from and against all suits, judgements, claims, demands, expenses, actions, causes of action and losses (including, without limitation reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act), and for any and all liability for damages to property and injury to persons (including death), and for any incidental, indirect, special or consequential damages or any loss of use, revenue or profit as a result of or arising out of or in relation to the performance by the Proponent under or any breach of the terms of the Agreement by the Proponent or arising from or relating to the RFP including the Proponent’s own or misconduct. The Contractor will also provide as part of the Agreement an indemnity and any waivers of claim to the City similar to that provided by the City to its funding entities.

14. RFP OVERRIDES STANDARD TERMS AND CONDITIONS

The terms of this RFP and the Agreement reached pursuant to this RFP with the Contractor supersede the contents of any and all standard terms and conditions contained in the documentation from the Contractor, including those contained in or on the reverse of purchase orders, order verifications, sales receipts or other standard documentation supplied by either the Contractor or any equipment suppliers to the Contractor.

15. PROPONENT'S STATEMENT OF UNDERSTANDING

It is understood that the Proponents have carefully examined the RFP and all of the proposal documents and have carefully examined the Work to be performed under the Contract if awarded. The Proponent also understands and accepts the said RFP and proposal documents, and for the prices set forth in the Proposal, hereby offers to furnish all labour, machinery, tools, apparatus and other means of implementation, and materials to complete the terms and conditions and requirements in strict accordance with the RFP.

All Proponents will be responsible for reviewing all conditions with respect to Work, including subsurface conditions, access, property use, zoning, environmental conditions, and all other conditions in connection with the Work. There is no representation, express or implied, made as to the accuracy or completeness of any information supplied by the City or any others to any of the Proponents, including whether the information is suitable for the purposes of any Proponent and the City expressly disclaims any and all liability for any errors or omissions in such information or which may be contained in any oral or written communication transmitted or made available to any Proponent and all risk with respect to unknown, undisclosed conditions shall rest with and remain with the Proponents.

The contract shall be governed and interpreted in accordance with the laws of the Province of Ontario.

16. PROOF OF ABILITY/PRIOR EXPERIENCE

The Proponent may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. The City shall be entitled to take into account as part of its evaluation of any Proposal any past experience that the City or any of its member municipalities or related or affiliated organizations have had with any Proponent, whether favourable or unfavourable, and including specifically any contracts, contract disputes, litigation or other experience or dealings whatsoever or reputation that the Proponents may have, or any of them, with such entities.



17. PRICING REQUIREMENT

Prices shall be in Canadian Funds, for the Work, delivered and installed. All prices bid shall include applicable taxes, customs duty, excise tax, freight, insurance and all other charges of every kind attributable to the work except for Provincial Sales Tax and Goods and Services Tax or Harmonized Sales Tax, as applicable, which shall be shown as extra, unless otherwise specified. If the Proponent intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the Importer of record for customs purposes. This is intended to be a fixed price contract with no extras. All work required or desired under the terms of this RFP is to be included in the price and the price is not to be subject to adjustment, including due to unknown or undisclosed conditions, increases in costs and taxes, cost of labour, unavailability of labour or materials, increases in cost of materials other than the changes in Provincial Sales Tax or Goods and Services Tax rates. In the event of any discrepancy between the unit price and the extension, the unit price shall govern.

18. TERMS OF PAYMENT

Unless progress payments or alternative payment terms are specifically agreed to under the terms of the RFP and any Proposal, as accepted by the City, the contract price shall be invoiced after delivery and acceptance and testing and payable thirty (30) days from the later of such date and the date of receipt of invoice. Any alternative payment terms, including the cost thereof, to the City and its financing parties, will be considered as an element of valuation in the financial evaluation of any proposals.

As funding is provided primarily from the federal and provincial governments under contracts with the entities administering federal/provincial infrastructure projects, including Industry Canada, any funding and payments thereunder will be subject to the requirements of such program and contracts with the City.

The City shall have the right to withhold from any sum otherwise payable to the Proponent such amount as may be sufficient to remedy any defect or deficiency in the Work, pending correction of the same.

19. DELIVERY

Time shall be material and of the essence of the contract.

The Proponent shall be responsible for completing the contract by the completion date set out in this RFP, or if not, as set out in the Agreement and agreed to as provided in the Proposal. In no event shall the contract period of time extend beyond the completion date set out in this RFP.



20. PATENTS AND COPYRIGHTS

The Proponent shall at its expense, defend all claims, actions or proceedings against the City based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right and shall pay to the City all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client (substantial indemnity) basis occasioned to the City by reason thereof.

The Proponent shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the Proponent shall forthwith either secure for the City the right to continue using the work, or shall at the Proponent's expense, replace the infringing items with non-infringing work or modify them so that the work no longer infringes.

The Proponent shall be responsible for obtaining all patent, copyright or other intellectual proprietary rights required or desired in connection with the completion of the Work and the operation of the facilities after the completion of the Work at its sole cost and expense and as part of the Work. The Proponent warrants and represents that all necessary patent, copyright, trademark or other intellectual property rights are included in the Work and that the company has the right and authority to transfer them or license to the City as part of the Work, which license shall be in perpetuity, transferable and without restriction or payment.

21. ASSIGNMENT

The Proponent shall not assign the contract or any portion thereof without the prior written consent of the City.

22. OCCUPATIONAL HEALTH AND SAFETY ACT (OHSA) REQUIREMENTS:

a. The Contractor shall conform to and enforce strict compliance with the Occupational Health and Safety Act including, without restricting the generality of the foregoing, the Contractor’s obligations as an “employer” under section 25 and 26 thereof, and with all applicable regulations made under the Occupational Health and Safety Act. The Contractor assumes sole responsibility for providing competent supervision for and for ensuring the safety of the Contractor’s employees and sub-Contractors.

b. The Contractor is responsible for the Health and Safety of all of its employees, sub-Contractors, visitors and business associates on the worksite. The Contractor agrees to comply with the Occupational Health and Safety Act and its Regulations, as well as any other applicable legislation, regulations and industry standards. The Contractor will provide appropriate training and instruction to its employees working on the job, as required by the Occupational Health and Safety Act and its regulations, and ensure the same has been provided to its sub-Contractors on the job.

c. It is the responsibility of the Contractor to provide any personal protective equipment for their own workers and to ensure that it is worn when required by the Occupational Health and Safety Act and its Regulations. The Contractor must also supply their own tools and equipment, all of which must be properly maintained and in good repair.


. d. The Contractor shall: - Provide to the City of Belleville a copy of their company Health and Safety Program and Procedures

as required under the OHSA prior to commencing work on this contract - ensure that no work will commence without first reporting their arrival and intent at the work site on

the first day to the appropriate City of Belleville representative - establish and maintain at each work site, in a manner easily available to all workers, other staff and

authorized City of Belleville representative, a copy of all relevant MSDS - not bring onto the work site any hazardous material as defined in the OHSA without the prior written

authorization of the City of Belleville.

e. The successful Contractor agrees to assume full responsibility for the enforcement of the said Occupational Health and Safety Act and to ensure compliance therewith. The successful Contractor further agrees to take responsibility for any health and safety violations as well as the cost to defend such charges as a result of any violation involving his/her work.

f. The Contractors Confirmation of a favourable Health and Safety Practice, attached as Appendix B, is City’s Health and Safety Policy, which must be completed and submitted with the Contractor’s TENDER.

Contacts: Ministry of Labour, Phone 519-883-3378, 1-800-265-2468, after hours – 1-800-268-6060

Larry Glover, Manager of Parks Ms. Paula Moore-Insley Environmental & Transportation Services Human Resources Dept. Tel (613) 967-3767 Health, Wellness & Labour Coordinator EMAIL: [email protected] EMAIL: [email protected]




APPENDIX “A”

CITY OF BELLEVILLE

CONTRACTOR CONFIRMATION OF FAVOURABLE

HEALTH AND SAFETY PRACTICE

This form has been developed to assist staff in evaluating the health and safety practices of potential Contractors to be hired by the City of Belleville.

To Contractor(s): The City of Belleville is committed to the Health and Safety of all workers at city locations. To ensure that City workplaces are healthy and safe work environments, Contractors, constructors and sub-Contractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and its regulations and any other legislation pertaining to employee health and safety. In order to evaluate your company’s health and safety experience and qualifications, we require the following information, where applicable. Please complete below and/or attach documentation as indicated and return the signed form to the City staff member in charge of the contract.

Copies of, or evidence of, appropriate licences, certificates and/or training for employees who will be working for City of Belleville, as required by Health and Safety or other legislation (a list of registration/certificate #’s and effective dates is sufficient).

Current W.S.I.B. Certificate of Clearance.

Evidence of insurance coverage in the amount of $5,000,000, including general liability and personal injury. Please attach a copy of the appropriate sections of the policy.

Company Health and Safety Policy

Health and Safety Representative (if 5 or more employees), Health and Safety Committee (if more than 20 employees)

Has your company had any Ministry of Labour warnings or orders in the last two years? (if the answer is yes, please provide details below)?


Confirmation of Favourable Health and Safety Practice cont’d. Contractor’s Statement of Responsibility I agree to work safely and in accordance with the Occupational Health and Safety Act and its Regulations, and any other applicable legislation or regulations. I accept the responsibility for ensuring the Health and Safety of my employees and my sub-Contractors while they are completing work for the City of Belleville, and for notifying the appropriate authorities should an accident occur. I agree to notify the City staff member in charge of the contract immediately if I have any health and safety concerns during the completion of the contracted work.

Contractor Name of Person Signing for Contractor

Signature of Contractor Date

City of Belleville Comments:

City Staff Signature Date Original: Department Head Copy: Purchasing Department The Successful Contractor shall ensure that:

a. the measures and procedures prescribed by the Occupational Health and Safety Act and the regulations are carried out on this project;

b. every employee and every worker performing work on this project complies with the Occupational Health and Safety Act and the regulations:

c. the health and safety of the workers on this project is protected. d. The successful Contractor further agrees to take responsibility for any health and safety violations

as well as the cost to defend such charges as a result of any violation involving his/her work.

2014 - Zwicks Playground RFP - New Playground Equipment - FINAL Page 31 of 52 INFORMATION AND INSTRUCTIONS (Contd.)

23. LIMITATION OF LIABILITY

In no event shall either party be liable to the other for indirect or consequential damages, damages for loss of profit, revenue or reputation or other indirect damages arising out of the breach or fault or negligence of either party under the terms of this RFP or any agreement arising therefrom.

Each Proponent, by submitting a Proposal, agrees that:

a) In the event that any or all of the Proposals are rejected or disqualified for any reason, proper or

improper, or the Project or selection process is modified, suspended or cancelled for any reason, neither the City or its member municipalities, employees, officers, directors or representatives will be liable under any circumstance for any claim, damages, losses, cost, reimbursement or compensation to any person or entity whatsoever arising out of this Proposal, including, but not limited to the cost of preparation of the Proposal, loss of anticipated profits, loss of opportunity and any other matter; and

b) The Proponent hereby waives any claim for loss of profits or loss of opportunity if the Proposal is rejected or disqualified or the Proponent is not successful in the selection process for any reason whatsoever;

c) The Proponent acknowledges that in evaluating the Proposals, the City and its advisors are seeking a Proposal satisfactory to the City and under no obligation to the Proponent to do anything other than bona fide consider all Proposals.

In the event that the City shall be in default under this RFP or the Agreement, or shall be negligent in the performance of its duties under this RFP or the Agreement, or shall be in default of any legal, contractual or statutory obligation to the Proponents, then in no event shall there be any liability to the City, its member municipalities, employees, officers, directors, advisors or representatives in excess of the actual out-of-pocket costs incurred by the Proponent in preparing the Proposal of such Proponent and no claim shall be made if not made within six (6) months after the date of receipt of all of the Proposals and opening of the Proposals.

Award of this contract is subject to appropriate funding acceptable to the City being available and received by the City.

The placing in the mail to the address given in his/her submission or delivery of a notice of award to a Proponent shall constitute notice of acceptance of contract. This acceptance shall be conditional on the Proponent providing all documentation, insurance, bonding, security and certifications as required by the RFP within ten (10) working days of the date that the notice of award is placed in the mail or delivered to the bidder. The Proponent shall forthwith, within ten (10) working days of receipt thereof, execute the Agreement in the form prepared by the City and incorporating the terms and conditions of this RFP and such other terms and conditions as the City shall reasonably require.



24. CONTRACT CANCELLATION

The City shall have the right, which may be exercised from time to time to cancel any uncompleted or unperformed portion of the work or part thereof without cause or fault. In the event of such cancellation, the City shall pay to the Company the cost and expenses by the Company in performing that portion of the work completed up until the date of cancellation.

The City may:

a. If the Company; commits any act of bankruptcy; or if a receiver is appointed on account of its

insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the City may, without notice; terminate the contract.

b. If the Company; fails to comply with any request, instruction or order of the City; or fails to pay

its accounts; or fails to comply with, disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with the skill and diligence; or assigns or sublets the contract or any portion thereof without the City's written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the City may, upon expiration of ten days from the date of written notice to the company, terminate the contract.

c. Any termination of the contract by the City, as aforesaid, shall be without prejudice to any other

rights or remedies the City may have.

d. If the City terminates the contract, it is entitled to:

i) Take possession of all of the work in progress and finish the work by whatever means the City may deem appropriate under the circumstances;

ii) Withhold any further payments to the Company until its liability to the City is ascertained; iii) Recover from the Company loss, damage and expense incurred by the City by reason of the

Company's default (which may be deducted from any monies due or becoming due to the Company, any balance to be paid by the company to the City).

The City shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work.

25. AVAILABILITY OF LABOUR AND ESCALATION

The Proponent shall fully inform himself regarding availability of labour in the area relative the requirements of the schedule. The Proponent shall make his own assessment of escalation in costs and increased labour costs and include all of these costs in his bid. All risks with respect thereto shall be the Proponents.


INFORMATION AND INSTRUCTIONS (Cont’d.)

26. CORRECTION OF DEFECTS

If at any time prior to one year (or specified warranty/guarantee period if longer than one year) after the actual delivery date of any equipment forming part of the Work, or the Work itself, any part of the equipment or Work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, then the Company, upon request, shall make good every such defect, deficiency or failure without cost to the City. The Company shall pay all transportation costs for parts and/or equipment both ways between the Company's factory or repair depot and the point of use.

27. TAX ISSUES

The Proponent is solely responsible for obtaining and relying on tax advice from its own advisors and experts, including obtaining any advance interpretations and rulings from CRA relative to this RFP and the Agreement which it feels are appropriate (including in relation to the supplying of funds, any financial structure and any tax consequences).

28. LOBBYING

In order to ensure fairness to all Proponents, the City must endeavour to prevent unfair advantage created by lobbying. Therefore, the City reserves the right to disqualify, at any time and at its sole discretion, any Proponent engaging in lobbying in connection with a competitive bidding process between a date that is no later than the date of issue of the RFP and the date of signing of a contract between the City and the Successful Proponent(s). The City may disqualify a Proponent at any time in the procurement process, including after the selection process has been completed.

Lobbying may include any activity that the City, in its sole discretion, determines has or may give an unfair advantage to one Proponent relative to other Proponents. Without limiting the foregoing, lobbying may include:

a. Verbal or written communication with or to any City staff other than those identified as contacts in this RFP.

b. Verbal or written communication with or to any City Council member or the members of Council of its member municipalities.

c. Verbal or written communication with or to the Member of Parliament, Members of Provincial Parliament or any related government ministries.

d. Verbal or written communication with or to any staff of the Premier’s Office, Cabinet Office or any other member of Cabinet or equivalent federal counterpart.

e. Verbal or written communication with or to any expert or other advisor assisting the Evaluation and Selection Committee.

f. Verbal or written communication with or to any member of the RFP Evaluation and Selection Committee.

g. Direct or indirect requests by the Bidder to any person, organization or group to provide a written or verbal expression of support not required by this competitive bidding process to any member of the Evaluation and Selection Team or Council.

h. Verbal or written communication with or to media organizations. i. Direct or indirect offers of gifts of any kind or value to any City representative or personnel.



29. ENVIRONMENTAL

The Proponent shall be responsible in respect of all environmental matters including compliance with any and all environmental laws, rules, regulations, statutes, and orders of any governmental or regulatory body or authority having jurisdiction in connection with this RFP, the Agreement and the construction and delivery of the Work and the operation of any fibre optic network or other facilities after its construction, including any environmental liabilities, any clean-up obligations, any fines, penalties or interest resulting from any condition of the Work, properties or the facilities, whether pre-existing, known or unknown, disclosed or undisclosed or which occur after the date of the Agreement.

30. CONFLICT OF INTEREST NO USE OR INCLUSION OF RESTRICTED PARTIES

a) Restricted Parties are not eligible to advise any Proponent in the RFP selection process and must not participate as an employer, advisor, consultant, investor, member or any other capacity whatsoever with any Proponent. The City may, in its sole and absolute discretion, disqualify a Proponent who uses any matter including in its Proposal or preparation thereof a Restricted Party. The onus is on the Proponent to ensure it does not use or include any Restricted Party.

b) Restricted Parties include any person who would be defined to be in conflict of interest under the provisions of the Municipal Act and any parties, because of their direct, recent or current involvement in the selection process or with any of the parties to the selection process, including the RFP evaluation team, the City, its officers and directors and Council members or any members of Council of any of the member municipalities of the City. This is not an exhaustive list of Restricted Parties. Additional parties may be added to the list at any time in the selection process.

c) Neither The City nor any of its employees, advisors, directors, officers and representatives are liable to

any Proponent for any claims, whether for the cost of preparation of the Proposal, loss of anticipated profits, loss of opportunity, revenue or economic benefit or any other loss whatsoever, arising from any use or reliance on this list or use or inclusion of Restricted Parties in any submission as part of the selection process.

d) Proposals may be disqualified at the sole and absolute discretion of the City if: a) the Restricted Party is

acting as an advisor or member of the Proponent’s team; b) the Proponent makes contact with any person who the Proponent is prohibited by the RFP from contacting; c) they include a false or misleading statement, claim, warranty or representation.

31 CONTRACT PROVISIONS BY REFERENCE

The City's acceptance of the 's Proposal by issuance of a Purchase Order shall create a contract

between the City and such Proponent containing all specifications, terms and conditions in the Proposal except as amended in the Purchase Order. Any exceptions taken by the Proponent which are not included in the Purchase Order will not form part of the contract.



32. ADDENDA

a) Questions during Bidding (deadline for questions). Should Proponents have any questions or need further clarification, he/she should contact the City’s representative named in this document. Questions will only be received until 4:30 p.m. on Friday, October 3,, 2014, to enable the City to prepare an addendum (if any). Questions received after 4:30 p.m. on Friday, October 3, 2014, may not be acknowledged nor answered.

b) All questions pertaining to this pre-qualification should be submitted in writing, by no

later than Friday, October 3, 2014 at 4:30 p.m., to the following e-mail address:

Mr. Larry Glover, Manager of Parks, at his email address: [email protected] Also a copy of all questions must be emailed to: Purchasing Services – Email address: [email protected]

c) If a Contractor discovers any inconsistency, discrepancy, ambiguity, errors, or omissions in this

Request for Proposals, it must notify the City's Purchasing Supervisor, who may, if necessary, send written addenda to all Contractors.

c) When it becomes necessary to revise, delete, substitute or add to the bid documents after

release, the Purchasing Supervisor will issue an addendum. e) A copy of each addendum shall be forwarded by fax or email or by mail, by the Purchasing

Supervisor or her designate, to all Contractors registered on the distribution list. f) Addendum sent by fax is accompanied by a “Verification of Receipt” document to be returned

promptly by fax to the Purchasing Supervisor. This is for the Contractors’ protection. g) All Contractors must acknowledge addendum by attaching a signed copy of this addendum to

their respective bid documents. Failure to do so may result in rejection of the bid. h) The City may, at any time, make and stipulate changes to this Request for Proposals. i) The City may provide additional information, clarification or modification by written addenda. All

addenda shall be incorporated into and become part of this Request for Proposals. The City shall not be bound by oral or other information, explanations or clarifications not contained in written addenda.

j) If the addendum is prepared too late to allow notification by mail prior to the closing time, in

addition to faxing the addendum, each prospective Contractor shall be contacted by the Purchasing Supervisor or her designate, to advise of the addendum and the closing date may be extended. In all cases, when an addendum is issued, it is desirable to give prior notice of the mailing to the prospective Contractors.

k) Any Addenda, if required, will only be issued to those Contractors who have pre-registered as

a bid taker.




33. GREEN POLICY

The City will Endeavour to preserve and green Belleville’s environment while maintaining economical, social, cultural and community health. The City is dedicated to meeting the needs of the community today while ensuring a desirable future for future generations.

The purpose of this policy is to ensure that municipal decision making will Endeavour to identify and prioritize environmental and sustainability initiatives, including through the preparation and execution of an Environmental/Sustainability Action and Implementation Plan.

The goal of an Environmental/Sustainability Action and Implementation Plan (the Plan) is to create and maintain a healthy, sustainable and vibrant community through reduction of the “carbon footprint” of the municipality. In addition, it will identify implementation models, methods of measuring progress and potential external funding sources.

The City of Belleville will make attempts to preserve the environment and reserves the right to encourage the procurement of supplies and services with due regard to the preservation of the natural environment; suppliers may be selected to supply goods made by methods resulting in the least damage to the environment, and/or to supply goods incorporating recycled materials where applicable. It is to be understood that costs analysis required to ensure that these supplies and services are available at competitive prices.

Products considered to be environmentally responsible may be given preference during the evaluation stage of the submission where the proposal documents either directly call for green products or green products may be priced as an option.

34. PURCHASING BY-LAW

The terms and conditions applicable to the obligations of the Proponents and any requirements of any Proponent contained in the City of Belleville Purchasing By-law are deemed to be incorporated herein.


PROPONENT’S RESPONSIBILITIES:

1. INSURANCE:

The successful Proponent shall in effect and maintain for the period of the Project at its own expense with insurers acceptable to the City all necessary insurance considered appropriate for a prudent contractor undertaking a project similar to this Project including such of the following types of insurance as the City may elect:

a) Commercial General Liability Insurance in the joint names of the Proponent and the City with limits

of not less than Five Million ($5,000,000.00) Dollars inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof, with a property damage deductible of no more than Five Thousand ($5,000.00) Dollars, including not less than Five Million ($5,000,000.00) Dollars for products and completed operations coverage in the aggregate;

b) Automobile liability insurance in respect of licensed vehicles with limits of not less than Five Million ($5,000,000.00) Dollars inclusive per occurrence for bodily injury, death and damage to property, including standard automobile policy and standard contractual liability endorsement with standard owner’s form automobile policy providing third party liability and accidental benefits insurance and covered licensed vehicles owned or operated by or on behalf of the Proponent;

c) Builder’s All Risk Property Insurance in joint names of the City and the Proponent insuring not less than the full amount of the construction price for the work with a deductible not exceeding one-tenth (1/10th) of one (1)%) per cent of the amount insured. The form of this insurance shall be of the latest edition of CCDC Form 201and shall be made available continuously until ten (10) days after the total performance of the construction;

d) Boiler and Pressure Vessel Insurance insuring interest of the Proponent and Owner for not less than the replacement value of boilers and pressure vessels forming part of any construction or works;

e) The policy shall provide that in the event of loss or damage, payment shall be made to the City and the Proponent jointly or as their respective interest may appear;

f) The Proponent will be responsible for deductible amounts under the policies; g) All Risk Contractor’s Equipment Insurance covering construction machinery and equipment used

by the Proponent for the performance of any construction; h) Certificates to name the Corporation of the City of Belleville and any applicable Boards or

Commissions as additional insured with respect to work performed. i) The Proponent shall deliver all other insurance as reasonably required by the City. j) Certificates must provide; for thirty (30) days notice to the City in the event of cancellation or in the

event of non-renewal of an Insurance Policy or pertinent coverage.

Certificate of Insurance Before beginning the project, the successful Proponent shall provide to the City a valid signed Certificate of Insurance, and any replacements thereof that references the project and confirms the coverage’s identified in Section h) naming the City as additional insured. The successful Proponent shall provide the City with a copy of the Policy if requested by the City and any renewal or replacement Certificates as may be necessary.

2014 - Zwicks Playground RFP - New Playground Equipment - FINAL Page 38 of 52 PROPONENT’S RESPONSIBILITIES (Contd.)

2. WORKPLACE SAFETY AND INSURANCE BOARD

a) The Contractor must submit a copy of a valid and current "Clearance Certificate" from the WSIB with their Proposal, or documentation from the WSIB confirming their exemption. This information is available to the Contractor on-line at www.wsib.on.ca.

b) The Contractor, forthwith upon being notified that they are the successful Contractor, shall provide the City with a current and valid “Clearance Certificate” from the WSIB.

c) If the Contractor does not provide a current and valid Clearance Certificate, or proof of exemption, on or before the commencement of the Contract, then at the option of the City, the Contract will be terminated and may be awarded to the next qualified Contractor.

d) During the term of the Contract, the Contractor shall ensure that the City has a current and valid “Clearance Certificate”. The City will not pay invoices unless a current and valid “Clearance Certificate” is provided.

e) The City reserves the right to terminate any Contract in the event there is not a current and valid Clearance Certificate and reserves the right to refuse the Contractor access to the jobsite.

f) The Contractor clearly understands and agrees that they are not, nor is anyone hired by them, covered by the City under the Workplace Safety Insurance Act, Employment Insurance Act, or any other act whether provincial or federal in respect of themselves, their employees and operations, and shall, upon request, furnish the City with satisfactory evidence that they have complied with the provisions of any such Acts.

g) Information on coverage under the Workplace Safety and Insurance Act can be obtained directly from the WSIB. The City is not to be deemed the employer of the Contractor or their personnel under any circumstances whatsoever.

h) The Contractor will file a “Certificate of Clearance” from the WSIB prior to commencing the Contract. Clearance certificates should be renewed every ninety (90) days during the term of the Contract.

3. THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, AODA 2005

a) The successful Contractor shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, AODA 2005 and regulations thereto, in effect during the term of this Contract, in respect of all goods or services provided by the successful Contractor on behalf of the City. This shall include, but is not limited to, training relating to and ensuring compliance with the policies, practices and procedures of the City respecting the provision of goods and services to person with disabilities, as may be in effect from time to time during the term of the contract.

b) The City of Belleville’s Accessibility Policies and Procedures were approved by Council on November 9, 2009 and are available online at

c) Accessibility_standards_for_customer_service.2009.12.11.pdf

d) “This document is available in an alternate format upon receipt of a request.”

http://www.wsib.on.ca/

http://www.city.belleville.on.ca/CityHall/Accessibility/Documents/1._ACCESSIBILITY_STANDARDS_for_CUSTOMER_SERVICE.2009.12.11.pdf

2014 - Zwicks Playground RFP - New Playground Equipment - FINAL Page 39 of 52 PROPONENT’S RESPONSIBILITIES (Contd.)

4. BID DEPOSIT:

a. A certified cheque or a Bid Bond made payable to the City of Belleville in the amount of five percent (5%) of the total bid amount including HST is to be provided with the bid submission.

b. Bid deposits of unsuccessful Proponents will be returned within ten (10) days after the contract has been awarded. The second lowest Proponent’s bid deposit will be released when the Acceptance Agreement is fully executed. The bid deposit of the successful Proponent will be returned after execution of the Contract.

5. BONDING

This RFP involves construction, therefore, the Contractor shall supply a labour and materials bond in

the amount of fifty (50%) percent of the construction contract price and a performance bond in the

amount of one hundred (100%) percent of the construction contract price and otherwise on terms and

conditions acceptable to the City which shall name the City.

The Contractor shall supply an irrevocable, unconditional (except for the awarding of the Contract),

commitment letter from a surety or bonding company or acceptable alternative, conforming the

availability to the Contractor and the City of such bonding.

6. FREEDOM OF INFORMATION:

Release of information contained within a respondent’s document will be subject to the Freedom of Information Act. Extracts of documents submitted and the costs of their solutions may be used as part of a public document for reporting purposes. Respondents must indicate in their submission which, if any, parts of their response are exempt from disclosure due to proprietary information.

Requests for information other than standard public information (i.e., names of those submitting proposal, total amount of bid not individual line costs) must be dated and submitted in writing to the Purchasing Supervisor, after which time the municipality has thirty days to respond. In conducting discussions with Proponents there shall be no disclosure of any information derived from proposals submitted by competing Proponents.

7. COMPLIANCE WITH LAWS:

Proponents are assumed to have made themselves familiar with, and will abide by the Federal, Provincial, Municipal Laws, Rules and Regulations including amendments thereto, which are applicable and in any way affect the work, and no plea of misunderstanding will be considered on account of ignorance thereof. Proponents shall carefully examine and study all of the documentation in order to satisfy themselves by examination as to all conditions affecting the scope of work to fulfill the contract.


CONDITIONS:

GENERAL:

1. TAXES:

H.S.T is applicable, but shall not be included in the bid amount.

2. WITHDRAWAL PROCEDURE:

a. Bids may only be withdrawn prior to the closing date upon providing a written request. b. The Proponent who has submitted a response may request that the bid be withdrawn.

Adjustments or corrections to a bid already submitted will not be allowed. The withdrawal will be allowed if the request is made by mail, fax or in person, directly to the Purchasing Supervisor or his/her designate, before closing time, and only if verification of source is possible. Telephone requests will not be considered.

c. When a withdrawal request is made in person, the authorized requester shall sign a withdrawal

form confirming the request. When requests are made my mail or fax, they shall be confirmed by telephone prior to acceptance.

d. Bids confirmed as withdrawn prior to closing time shall be returned unopened. e. The withdrawal of a bid does not disqualify a Proponent from submitting another bid on the

same contract provided it is submitted prior to closing date and time. f. Withdrawal requests received after the Proposal closing will not be allowed. 3. The lowest or any proposal will not necessarily be accepted and the City of Belleville reserves the right

to reject all proposals submitted or select options from various proposals or to select any proposal for reasons deemed to be in the best interests of and for the best value for the City. The City may in its absolute discretion, if it deems advisable, waive any requirements prescribed herein.

4. Proponents must complete all parts of the proposal in accordance with the Proposal documents as

specified herein. Proposals which are submitted that are incomplete or not properly executed shall not be accepted.

5. EXAMINATION OF BID DOCUMENT INCLUDING SCOPE OF WORK:

Proponents shall carefully study all bid documents, specifications and the site of work in order to satisfy themselves by personal examination as to all conditions and site requirements affecting the work and to the detailed requirements of the work as described in the proposal documents.

6. SUB-CONTRACTING:

The successful Proponent will not, without the written consent of the City, make any assignment or any subcontract for the execution of any goods and services hereby proposed.


CONDITIONS:

GENERAL: (Contd.)

7. DELIVERY:

All goods and services shall be delivered F.O.B, Belleville, Ontario, and shall remain the property of the Proponent until a physical inspection is made and thereafter accepted to the satisfaction of the City of Belleville in compliance with conditions and specifications described herein. All respective insurance coverage shall be the responsibility of the Proponent until acceptance is given by the City of Belleville.

8. FACSIMILE/ELECTRONIC BIDS:

All bids must be signed and sealed originals. Faxed or electronic bids will not be accepted.

9. PROPOSAL PRICES:

a. Bid prices must be valid for 90 days after the proposal closing date stated herein. b. In the event of any discrepancy between the unit price and the extension(s), the unit price shall

govern.

c. The total price and payment is to be shown and made in Canadian Funds. d. No extra charges will be permitted unless written authorization is obtained from the City.

10. Time shall be of the essence for any work to be done as a result of this proposal. Failure of a

Proponent to perform the contract within the time specified or within a reasonable time, as determined by the City of Belleville, will constitute authority for the City of Belleville to cancel or terminate such contract and assign the work to be done to another Proponent without obligation to the Proponent under the cancelled contract. The City shall be entitled to all remedies against the Proponent including damages for failure to complete the contract, or for default under it.

11. The Proponent warrants that the services supplied to the City of Belleville conform in all respects to the

standards set forth by Federal and Provincial Legislation, Ministries, Boards and Agencies and in particular the Occupation Health and Safety Act and Regulations thereto. Failure to comply with these conditions will be considered a breach of contract.

12. No Proponent is relieved from completing the contract merely because detailed conditions and

specifications of the various components are not set out in the bid document.

13. Proposals having any erasures or corrections shall be initialed by the Proponent in ink. All proposals shall be typewritten or filled in with pen and ink and bids shall be signed in ink.


CONDITIONS:

GENERAL: (Contd.)

14. The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect his/her right thereafter to enforce such provision or to seek damages for the breach thereof. Successful Proponents, including those outside the Province of Ontario, agree that the rights of all parties shall be governed by the laws of Ontario. It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform his/her undertakings hereunder when such delay or failure is due to fires, strikes, floods, Acts of God or the Queen’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.

15. The submission of a proposal shall be deemed proof that the Proponent has satisfied himself/herself as

to all the provisions of the proposal, all the conditions which may be encountered, what goods and services he/she will be required to supply, or any other matter which may enter into the carrying out of the supply of goods and services referred to in the proposal; and no claims will be entertained by the City of Belleville based on the assertion by the Proponent that he/she was uninformed as to any of the requirements of the proposal.

16. In case of default of the Proponent, the City of Belleville reserves the right to procure the goods and

services from other sources and any added expense will be charged to the undersigned Proponent. The Proponent agrees to indemnify and save harmless the City of Belleville and all Municipal officers, employees, servants and agents; officers, employees, servants and agents of its Boards and Commissions and volunteers, from all claims, costs, actions, suits, damages or expenses which may arise by reason of the execution of his/her proposal or the performance of any of the terms of his/her proposal or in any way incidental to the proposal.

17. This indemnification shall also apply in respect of any claims for injuries or damages that may be

sustained by the Proponent or any of his/her employees during the performance and fulfillment of this proposal. Should the City of Belleville receive any demand or claim arising out of the performance of this Proposal, the Proponent shall pay to the City of Belleville such claims. The Proponent shall also pay to the City of Belleville any demand, cost, charge, damages or expenses which may be paid or incurred by the City of Belleville or any of its servants, officers or agents in settlement of or on account of the payment for any loss, damages or expenses payable by the City of Belleville or its officers, servants and agents, and any monies payable by the Proponent under the terms and conditions of this Proposal may be deducted from monies payable under this Proposal which are then remaining in the possession of the City of Belleville on account of this Proposal, and to any court of competent jurisdiction as monies paid on behalf of the Proponent.

AGREEMENT TO BOND

We, the undersigned, hereby agree to become bound as Surety for

in a bond totaling One Hundred Percent (100%) of the Total Proposal Amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown as described herein, if the Proposal for

_____________________________________________________________________________________

REQUEST FOR PROPOSALS FOR SUPPLY AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT AT WEST ZWICKS PARK PLAYGROUND


is accepted by the Owner. It is the condition of this Agreement that if the above-mentioned Proposal is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be completed with the undersigned within ten (10) days of acceptance of the Proposal related hereto, otherwise this Agreement shall be null and void. DATED this day of 2014.

(Name of Bonding Company)

(Signature of Person Signing for Company)

(Seal where applicable)

I have the authority to bind the corporation.

(Position)

NOTE: This Agreement must be executed on behalf of the Surety Company by its authorized Officers under the Company's Corporate Seal.

Of the two (2) forms herein, one (1) form shall become a part of the Proposal and the other shall be retained by the Surety Company.

2014 - Zwicks Playground RFP - New Playground Equipment - FINAL

No. ______________ Bond Amount $_________________________ ________________________________________________________________________________ as Principal, hereinafter called the

Principal, and ________________________________________________________________________________ a corporation created and

existing under the laws of ________________________ and duly authorized to transact the business of Suretyship in

_______________________ as Surety, hereinafter called the Surety, are held and firmly bound unto

______________________________________________________________________________ as Obligee, hereinafter called the Obligee,

in the amount of __________________________________________________________________________

_____________________________________________________ Dollars ($ ______________________ ) lawful money of Canada, for the

payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and

severally.

WHEREAS, the Principal has entered into a written contract with the Obligee, dated _________ day of ___________________, in the year ________ for _________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

hereinafter referred to as the Contract.

The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety shall promptly: 1) remedy the default, or; 2) complete the Contract in accordance with its terms and conditions or; 3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions and upon

determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under this paragraph) sufficient funds to pay to complete the Principal’s obligations in accordance with the terms and conditions of the Contract and to pay those expenses incurred by the Obligee as a result of the Principal’s default relating directly to the performance of the work under the Contract, less the balance of the Contract price; but not exceeding the Bond Amount. The balance of the Contract price is the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal, or;

4) pay the Obligee the lesser of (1) the Bond Amount or (2) the Obligee’s proposed cost of completion, less the balance of Contract price. It is a condition of this bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of (1) the date of Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or, if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee.

The Surety shall not be liable for a greater sum than the Bond Amount. No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated ___________ day of

_______________________, in the year _____________.

SIGNED and SEALED Principal in the presence of

___________________________________ Signature ATTORNEY IN FACT ___________________________________

PERFORMANCE BOND Standard Construction Document

CCDC 221 - 2002

2014 - Zwicks Playground RFP - New Playground Equipment - FINAL

Name of person signing Surety

___________________________________

Signature ___________________________________

Name of person signing

Copyright 2002

Canadian Construction Documents Committee

(CCDC 221 – 2002 has been approved by the Surety

Association of Canada)

No. ______________ Bond Amount $_________________________

________________________________________________________________________________ as Principal, hereinafter called the

Principal, and ________________________________________________________________________________ a corporation

created and existing under the laws of ________________________ and duly authorized to transact the business of Suretyship in

_______________________ as Surety, hereinafter called the Surety, are held and firmly bound unto

______________________________________________________________________________ as Obligee, hereinafter called the

Obligee, in the amount of __________________________________________________________________________

_____________________________________________________ dollars ($ ______________________ ) lawful money of Canada, for

the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,

jointly and severally.

WHEREAS, the Principal has entered into a written contract with the Obligee, dated _________ day of ___________________, in the year ________ for ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________

in accordance with the Contract Documents submitted, and which are by reference made part hereof and are hereinafter referred to as the Contract. The Condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both,

used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall be determined, insofar as it is practical to do so, by the prevailing rates in the equipment marketplace in which the work is taking place.

2. The Principal and the Surety, hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been

paid as provided for under the terms of its contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of its contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions, the Claimants, or any of them may use the name of the Obligee to sue on and enforce the provisions of this Bond.

3. It is a condition precedent to the liability of the Surety under this Bond that such Claimant shall have given written notice as

hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed, and that such Claimant shall have brought suit or action in accordance with this Bond, as set out in sub-clauses 3 (b) and 3 (c) below, Accordingly, no suit or action shall be commenced hereunder by any Claimant:

a) unless such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any

place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province or Territory in which the subject matter of the Contract is located. Such notice shall be given.

LABOUR & MATERIAL PAYMENT BOND (Trustee Form)

Standard Construction Document

CCDC 222 - 2002

i) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal, or under the lien Legislation applicable to the Claimant's contract with the Principal, whichever is the greater, within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principal;

ii) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and

twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made under the Claimant's contract with the Principal;

b) after the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work

performed under the guarantees provided in the Contract;

c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract is to be installed or delivered as the case may be and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court.

4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that, by an

act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothec and privileges of said Claimant.

5. Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any

Claimant under this Bond, who is not instrumental in bringing about or has not caused such change. 6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in

accordance with the provisions hereof, inclusive of the payment by the Surety of claims made under the applicable lien legislation or legislation relating to legal hypothecs, whether or not such claim is presented under and against this Bond.

7. The Surety shall not be liable for a greater sum than the Bond Amount. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated __________ day of

________________________, in the year ____________ .

SIGNED and SEALED Principal in the presence of

___________________________________

Signature ATTORNEY IN FACT

___________________________________ Name of person signing

Surety

___________________________________ Signature

___________________________________ Name of person signing

Copyright 2002

Canadian Construction Documents Committee

(CCDC 222 – 2002 has been approved by the Surety

Association of Canada)

AGREEMENT

This Agreement made in duplicate this ________ day of ____________________________ 2014

Between __________________________________________of the _______________________________,

County of_________________________ and Province Ontario, hereinafter called the “Contractor”,

The Party of the First Part

AND

THE CORPORATION OF THE CITY OF BELLEVILLE,

HEREINAFTER CALLED THE “MUNICIPALITY”

The Party of the Second Part

Witnesseth, that the party of the first part, for and in consideration of the payment or payments specified in the Request for Proposal for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Property Manager, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the specifications and Proposal document appended hereto as Attachment “A” and the Contractor’s proposal submission appended hereto as Attachment “B” and which are identified and acknowledged in the Agreement, within the time stipulated in the Information to Bidders Key Data Sheet as included in the Request for Proposal document appended hereto as Attachment “A”.

DESCRIPTION OF THE WORK

REQUEST FOR PROPOSALS FOR SUPPLY AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT



The Contractor further agrees that he will deliver the whole of the works completed in accordance with this Agreement within the time stipulated in the Information to Bidders Key Data Sheet.

The Contractor agrees that any monies due the municipality as a result of non-completion of the works within the time stipulated may be deducted from any monies due the Contractor on any account whatsoever.

Page 2

In consideration hereof, said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Proposal.

This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto.

In witness whereof, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written.

___________________________________

NAME OF CONTRACTOR

Signature of Corporation Witnesses Signature of Contractor

and Position Held (Seal where applicable)

I have the authority to bind the corporation.

THE CORPORATION OF THE CITY OF BELLEVILLE

__

Clerk

__

Mayor

Signatures of designated Municipal Seal of Municipality

Officers and Position Held


11.0 APPENDIX A – DRAWING L0- PLAYSCAPE ENVELOPES


SUBMISSION LABEL

CITY OF BELLEVILLE


SUPPLY AND INSTALLATION OF NEW PLAYGROUND

EQUIPMENT AT WEST ZWICKS PARK PLAYGROUND

CONTRACT NO. PRKS-2014-01 _______________________________________________________ LEGAL NAME OF COMPANY

Ms. Yasmina Jamal, Purchasing Supervisor The Corporation of The City of Belleville 169 Front Street Belleville, Ontario K8N 2Y8

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