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CITY OF BELLEVILLE REQUEST FOR PROPOSALS PARKDALE PLAYGROUND SPLASH PAD CONTRACT NO. RCCS-2013-10 PLEASE NOTE: PROPOSAL REGISTRATION Proposal 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 addendum(s) that may have been issued prior to submission of their final Proposal submission. The City of Belleville - Purchasing Services is not responsible for the Proponent's failure to register for updates or addendums to the originally posted Proposal; it is the Proponent’s responsibility.

CITY OF BELLEVILLE REQUEST FOR PROPOSALS … · 2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT Page 4 of 44 INTRODUCTION The

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CITY OF BELLEVILLE

REQUEST FOR PROPOSALS

PARKDALE PLAYGROUND

SPLASH PAD

CONTRACT NO. RCCS-2013-10

PLEASE NOTE: PROPOSAL REGISTRATION

Proposal 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 addendum(s) that may have

been issued prior to submission of their final Proposal

submission. The City of Belleville - Purchasing Services is not

responsible for the Proponent's failure to register for updates

or addendums to the originally posted Proposal; it is the

Proponent’s responsibility.

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

Page 1 of 44

REQUEST FOR

PROPOSALS

CITY

OF

BELLEVILLE

Joel Carr-Braint, Property Manager

Recreation, Culture & Community Services

Tel: (613) 967-3292

Fax: (613) 967-3206

E: [email protected]

OR

Rob McGlashan, Property Supervisor

Recreation, Culture & Community Services

Tel: (613) 967-3200 Ext. 3278

Fax: (613) 967-3206

E: [email protected]

RECREATION, CULTURE &

COMMUNITY SERVICES

REQUEST FOR PROPOSALS

PARKDALE PLAYGROUND

SPLASH PAD

CONTRACT NO. RCCS-2013-10

DATE OF ISSUE:

Monday, August 26, 2013

SITE VISIT:

Wednesday, September 4, 2013

Time: 1:00 p.m., local time SHARP at

599 Sidney Street Belleville, ON (Parkdale Park)

SUBMISSION DATE:

Thursday, September 12, 2013

@ 1:00 p.m., local time.

CLOSING LOCATION:

Finance Department

City of Belleville

City Hall, 169 Front Street,

Belleville, ON K8N 2Y8

Attn: Ms. Yasmina Jamal,

Purchasing Supervisor

T (613) 968-6481 - 3301

F (613) 966-5177

E [email protected]

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

Page 2 of 44

REQUEST FOR PROPOSALS

PARKDALE PLAYGROUND

SPLASH PAD

CONTRACT NO. RCCS-2013-10

TABEL OF CONTENTS

Bid Registration

Cover Page 1

Table of Contents 2

Key Data Sheet 3

Introduction/Photos/ Design Info. 4-13

Form of Proposal 14-15

Information & Instructions 16-30

Proponent’s Responsibilities 31-33

General Conditions 34-36

Bonding:

Agreement to Bond Form (All forms Attached)

Performance Bond Form

Labour & Material Payment Bond form

Agreement

Submission Label (Attached)

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

Page 3 of 44

KEY DATA SHEET

CITY OF BELLEVILLE

REQUEST FOR PROPOSALS

PARKDALE PLAYGROUND SPLASH PAD

CONTRACT NO. RCCS-2013-10

Proposal For: City of Belleville, Recreation, Culture & Community Service Department.

SCOPE OF WORK: Construction of a Splash Pad at Parkdale Playground.

Closing Date:

Closing Time:

Thursday, September 12, 2013 @ 1:00 p.m., local time.

Contract

Completion Date: Tuesday, June 16, 2014.

City Contacts:

Joel Carr-Braint, Property Manager

Tel: (613) 967- 3292. Email: [email protected] OR

Rob McGlashan, Property Supervisor

Tel: (613) 967-3200, Ext. 3278. Email: [email protected]

Site Visit:

SITE VISIT: Wednesday, September 4, 2013 @ 1:00 p.m., local time, SHARP

at 599 Sidney Street., Belleville, ON (Parkdale Playground

More information on Site Visit on Page No. 17 of this RFP.

Bids to be delivered

to:

Yasmina Jamal, Purchasing Supervisor

City Hall, 169 Front Street

Belleville, Ontario, Canada K8N 2Y8

Tel. No. (613) 967-3200 Ext 3301/3203

E-mail: [email protected]

Faxed or electronically sent bids will NOT be accepted.

Opening: Immediately following closing when practical. Otherwise, time will be announced.

Award and Execution

of the Contract

The award of this Proposal and or commencement date of construction is subject to

approval of City of Belleville Council.

The Contractor Is Advised that the proposal may be cancelled and the

proponent agrees to waive any right to claim any damages or cost recoveries

whatsoever against the city of Belleville, its elected officials, employees and

authorized agents. With respect to the review period the unit price in the

form of proposal and the agreement to bond shall be binding until such time

the contract is awarded or cancelled.

Bonding:

100% Performance Bond Required

YES

50% Labour and Material Payment Bond 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

bid amount to be provided with the bid submission.

Required

YES

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

Page 4 of 44

INTRODUCTION

The City of Belleville is a very progressive small urban centre that is the HUB of the Quinte Region. With

nearby communities such as Quinte West (home of the largest Air Force Base in Canada), Prince Edward

County (wine country) and our friends in Hastings County (home of cheese and chocolate) is making its first

step toward the conversion all of its wading pools into splash pads, and in some cases, looking at the installation

of larger community aquatics centres that include splash pad facilities.

The City of Belleville is a preferred location to many nationally recognized businesses such as: Proctor and

Gamble, Kelloggs, Sears, Bio Niche, Halla, Auto Systems, Black Diamond, Sigma, Bell Tile, Interface to name

a few.

PROJECT DESCRIPTION/SCOPE OF PROJECT

Provide a Community Splash Pad including all associated mechanical systems and required enclosures as

described herein.

The Splash Pad shall be constructed at PARKDALE PLAYGROUND and Park located at 599 Sidney Street,

Belleville.

The area designated for the construction is approximately 45m long east/west and 30m wide north/south located

to the north of the existing pool. The designated area is asphalt, generally flat and level with basket ball hoops.

The asphalt top and basket ball equipment will be removed prior to construction.

Figure 1: Existing Site Looking East

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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Figure 2: Existing Mechanical Building

Figure 3: Possible Future location just east of existing location

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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The PARKDALE PLAYGROUND building has municipal services located within it. Domestic water service

size, sanitary main size and electrical service size is to be confirmed by Vendor.

Splash Pad is to be sized and to have as many apparatus as possible with a budget of $200,000.

Vendor to provide all required permits.

SITE VISIT: Wednesday, September 4, 2013 Time: 1:00pm, local time SHARP AT 599 Sidney Street,

Belleville, ON (Parkdale Park).

SPLASH PAD STANDARDS

1.0 REGULATIONS

1. Splash pad designs are subject to water, sewer and road cut permits issued by the City of Belleville

2. Plumbing must comply with the latest edition of the 2006 Ontario Building Code (O.Reg 350/06)

3. Water services shall be designed and installed in compliance with the City of Belleville design standards

4. Waste water must be drained to the sanitary sewer system.

5. Electrical work shall comply with the latest edition of the Ontario Electrical Safety Code

6. Command control centres shall comply with confined space entry regulations

7. Separate Price if water is recycled through a storage tank sized for the number of apparatus. Tank to be

installed in ground and recycling system must contain a proper filter and UV light system with

automatic tank top up.

2.0 GENERAL DESIGN STANDARDS

1. Definition

In this standard, spray pad and splash pad refer to the same type of facility and the terms may be used

interchangeably

2. General Splash Pad Styles and Sizes

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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Splash pads shall be designed to permit use by age groups 18 months to 12 years but are to be divided

for a Junior Zone for children 18 months to 5 years and a Senior Zone for children 5 to 12 years with age

appropriate water features in each zone

3. Water Services

The City of Belleville has variable water pressure and flow rates throughout the City. Obtain the records

for static and residual water pressure and flows in the specific park location and design the spray

function within the available parameters

4. Drain Connections

Confirm sanitary drain connection location and invert elevation early in the planning process to ensure

the spray pad will have positive slope to the sewer

5. Wind Patterns

Typical summer wind patterns in Belleville are blowing from the westerly to south westerly direction

(W to SW). Therefore, do not place geyser jets or vertical post with fine sprays on the north eastern

side of the spray pad that can overspray and saturate adjacent landscapes. Arrange elements so that

the typical spray patterns are contained within the spray pad.

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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3.0 SPECIFIC DESIGN STANDARDS

1. Surface

1. The spray pad surface shall be non-slip concrete and constructed as follows:

a) 150mm thick, 32MPa concrete with 6% air entrainment over 150mm granular

‘A’ base compacted to 100% S.P.D. (Standard Proctor Density) on suitable

undisturbed native material

b) Fibre-reinforced concrete is acceptable.

c) Wet cure concrete for not less than 7 days

d) Finish shall be swirl or broom finish.

e) Control joints shall be saw cut as soon as spalling will not occur, within 18 hours of

initial set. Saw cuts shall not be tooled to maintain a smoother surface.

f) All saw cut joints shall be filled with clear silicone sealant to prevent catching

debris and glass. Finish sealant level with the concrete surface.

2. There shall be no standing water. All water must be sheet drained to a catch basin:

a) The catch basin shall discharge into the City of Belleville sanitary sewer

system

b) Either drain to one end of the pad, or use a jet drain in the centre with a

trench drain around the edges to avoid children plugging the drain to create a

wading pool.

2. Controls and Water Supply

1. Spray pad shall be a fully automated system.

2. Water supply to the spray pad shall be from the Municipal water service. Water

pressure at the street must be checked, as there are variations in the City.

Pressure surges may occur on a pumped system. The spray pad shall be

designed to work with the available residual pressure.

3. Spray pad controls shall be housed in a vandal resistant, lockable control vault.

There must be adequate space around, below, and beside the shut-off valves and

connections for winterization. Provide adequate space within the vault to attach

hoses.

4. The controller shall Siemens (or equal) PLC programmable logic controller. The

Owner shall be trained to re-program the sequences, turn on and off components

in the sequence.

5. Provide a button activator, weather resistant, with audible tone and illuminates when

activated. Activator button shall be recessed under a steel plate, durability,

accessibility (sound and light) with easy replacement or servicing. Polara

Engineering model no. BDLM2-X, or approved equal.

6. Each feature in the pad must have an activation switch on the electrical panel, and

therefore can be turned on and off at the panel without having to activate the

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

Page 9 of 44

switch at the spray pad. There also needs to be a switch that triggers the activator

at the spray pad, so that the sequence can be turned on from the panel. This

allows the pad to be serviced by one staff.

3. Shape & Play

1. The concrete pad shall be separated into zones designated Spray Zone &

Overspray Zone

a) Spray zone shall be the area of the spray zone of each component

b) Overspray Zone shall be 2.0m (minimum) larger than the spray zone of each

component, or as required for the individual jet based on available water

pressure.

2. The water play design of the spray pad must accommodate both junior play and

senior play areas.

4. Site Furnishings & Landscape

1. Spray pad must provide a seating area with a minimum of two benches for

parental supervision, as well as one garbage receptacle.

2. Perimeter landscaping shall be limited to 1.5m beyond the splash pad and shall be

sloped away from the pad at a grade of not less than 2%. The Owner shall be

responsible for final integration into adjacent park grades. Ensure that deciduous

trees are set back from the spray pad to avoid leaf-drop plugging the drains.

3. All disturbed areas shall receive 150mm minimum screened top soil and sod

installation.

5. Maintenance Manuals

The installer shall provide a comprehensive operations manual according to the

following specifications:

a) Furnish the Owner with all instructional and operational materials in a PDF

electronic file format and with three (3) complete hard copies (white with plastic

cover) assembled in substantial manuals and permanent, three-ringed or three-post

binders. b) Provide title and contract number on covers and spine. c) Title page shall list General Contractor and all Sub-Contractors and Suppliers for

Service Contact Information. d) Material shall be assembled and bound in the same order as specified, and each

volume shall have a table of contents and suitable index tabs outlining as-built drawings, parts list and product cut sheets, operation instructions, maintenance requirements, programming procedures, and winterization data for all spray pad equipment. It shall describe start-up procedure, day to day operation of the system and winterization procedures.

4.0 SPECIAL REQUIREMENTS

1. Each spray pad will require a concrete base to contain the spraying water within the

automatic system; therefore minimal spatial requirements will be dependent on the

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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internal components used.

2. Spray pad locations shall be defined as two separate zones. The concrete pad zone will

contain the spray pad components. The outer perimeter zone will contain the adjacent

landscape and select site furnishings.

5.0 SPRAY PAD PROGRAMMING

1. Spray pad development will be separated into sections herein called junior play

targeted for users 18 months to 5 years of age, and senior play targeted for users 5 to

12 years of age.

2. Junior and senior programs shall be built within the same splash pad as separate elements,

differing in components as follows:

Junior splash pad elements shall include, as a minimum:

Ground elements (3)

Vertical elements (1)

Senior splash pad elements shall include, as a minimum:

Ground elements (3)

Vertical elements (1)

3. Community parks shall also include one special element targeted for both age

groups, i.e. cat tails, aqua arch, water tunnels.

4. Designs need to consider accessibility - there must be adequate room for

wheelchairs between features, sound, texture as part of the interactive experience. In

general, 0.9m-1.2m between splash zones is adequate (a feature of several jets would

count as one splash zone).

5. Designs that display water are encouraged.

6.0 SPRAY PAD COMPONENTS

1. Guidelines

The following should be followed when considering the design of the spray pad

components:

1. Spray component colours should be considerate of colour schemes within the park

(i.e. play equipment).

2. Arrange play equipment such that junior play features and senior play features are

clustered separately. Where possible, position junior play features closer to seating

areas to allow for adult supervision.

3. Provide adequate space between ground jets and vertical posts to allow for many

4. Children running around features without running into posts and other children.

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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Provide a minimum. 2.5m space for community facilities.

5. Where vertical elements are specified, it is preferred to install components with easy

removable deck level anchoring system and toe guards, such as Vortex

“Safeswap” anchoring system or Waterplay “DEX” anchoring system.

2. Approved Components

The following components are approved:

Interactive components Columns and thematic posts Flowers and trees Tunnels Arches Ground sprays Activator posts Music Jets Graphics on the ground plane

3. Components Not Approved

The following components are not approved:

Spray cannons of any kind

Any push button or red-eye controlled activator that does not use the specified Polara button.

4. Materials

1. All aquatic products shall be manufactured from 304/304L stainless steel. The

anchoring system and associated fastening hardware shall be manufactured from

304/304L stainless steel.

2. Exposed and accessible hardware shall be tamper resistant, requiring a special tool

for removal.

3. All vertical spray products shall be painted with a polyester smooth glossy heat-cured

powder coat that is UV and chemical resistant and suitable for public places.

5. Controller

1. Splash pad system controller shall be the SmartTouch by Vortex, model no. VOR-

8534.2058 (Custom) VOR-1408.0220 with 8 valve manifold, 10 valve control outputs,

120 / 240 Vac, and 10/6 amps or approved equal.

2. The Controller shall be Siemens (or approved equal) PLC (programmable logic

controller) pre-programmed with 3 different sequences and have the capability to be

revised by the Owner by either a transportable memory cartridge or via the touch pad

user interface on-site.

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6.0 SPRAYPAD COMPONENTS (Cont)

6. Distribution Manifold

The distribution manifold shall be supplied with the following custom features:

a) brass electronic solenoid valves and,

b) Brass valves and unions as supplied by ASCO (Canada) Redhat Brand Valves, or

approved equal.

7. Command Centre

1. Command centres are best placed inside a locked building. Where a building is not

available, the city uses a pre-manufactured above ground command centre or a

below ground command centre. Note: due to confined space legislation, the below

ground command centre has a fully opened hatch and only allows a maintenance

personnel to get half way below ground level.

7.0 SERVICING

1. General Confirm location of all services with Property Manager or Property Supervisor.

2. Water Service

1. Size of water service is based on water pressure at the road, length of run to the spray

pad, and the number/type of components in the spray pad.

a) Typical service is 50mm type K copper; however, pipe size will depend on

hydraulic design.

b) In low pressure districts or where more flow is required, larger water service may

be 100mm dia. PVC water pipe.

2. Provide a pressure regulating valve in high pressure districts to ensure a constant

working pressure as stipulated by the spray equipment manufacturer and to prevent

pressure surges. Valve by Watts

3. Sanitary Service

1. Supply and install catch basin in accordance with OPSD 705.010 complete with frame

and cover as per OPSD 401 .010 type B – open cover. Supply catch basin with goss

trap and stopper in accordance with RSS-410.

2. Connect catch basin to sanitary sewer or combined sewer with a minimum 150mm

dia. sanitary sewer pipe.

3. Supply and install an approved back flow preventer.

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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4. Electrical

1. Provide 120/208V, 1P electrical service to control center. Electrical services

usually require an electrical meter. See photo of a freestanding power centre with

external hydro meter. Product shown is “Metered SLT” supplied by Pedestal

Solutions Inc., Keswick, ON, www.pedestalsolutions.com.

2. Provide all wires inside a minimum 25mm PVC conduit buried 600mm below

grade.

3. Provide a GFCI receptacle in the electrical panel.

5. Distribution Piping

1. All water distribution pipes shall be soft copper type K tubing from water chamber to

all spray components.

2. Use of PVC plastic Schedule 80 piping under the concrete is acceptable. Crylon pipe,

or pipe-in-pipe systems are also an acceptable alternate.

3. Provide brass ball valves and unions in control vault - Vasco Brand (a.k.a. Red- hat

valves) or approved equal. Each valve must be isolated with a shutoff above and

below the valve.

4. All fittings must be union fittings for easier maintenance.

5. Install all piping to self drain to a drain valve located in a drainage chamber and

discharged to the sewer system.

8.0 DETAILS

1. Concrete control joints shall be saw cuts and must enclose a feature, not run to a

feature. Joints shall be a minimum of 300mm away from a spray feature permitting

replacement of a feature with minimum disturbances to concrete splash pad.

2. All activator posts shall be fitted with the Polara Engineering Inc. vandal resistant,

LED push button device model no. BDLM2-X. Colour shall be selected from

manufacturer’s choices of black, green & yellow.

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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CITY OF BELLEVILLE

REQUEST FOR PROPOSALS

PARKDALE PLAY GROUND SPLASH PAD

CONTRACT NO. RCCS-2013-10

FORM OF PROPOSAL _____________________________________________________________________________________

Total Cost: $____________________

Harmonized Sales Tax: $________________

TOTAL AMOUNT: $____________________

Number of apparatus ________________________________________

Types of apparatus __________________________________________

Alternate Price including in ground recycling system ________________________________________

$ Deduct if this RFP and Kinsmen Centre Splash Pad RFP are awarded together $___________________

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.

_________________________________________________________________________

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CITY OF BELLEVILLE

REQUEST FOR PROPOSALS

PARKDALE PLAYGROUND SPLASH PAD

CONTRACT NO. RCCS-2013-10

FORM OF PROPOSAL _____________________________________________________________________________________

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

NECESSARILY ACCEPTED

THE COMPLETION DATE FOR THIS PROJECT IS

TUESDAY, JUNE 16, 2014

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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 “Company”, 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, September 12, 2013.

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 four (4) 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.

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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 tender 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 Tenders 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.

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INFORMATION AND INSTRUCTIONS (Contd.)

8. INQUIRIES AND CHANGES:

Any inquiries regarding the Proposal should be directed to:

Joel Carr-Braint, Property Manager

Recreation, Culture & Community Services

Tel: (613) 967-3292

Email: [email protected]

OR

Rob McGlashan, Property Supervisor

Recreation, Culture & Community Services

Tel: (613) 967-3200, Ext. 3278

Email: [email protected]

9. SITE VISIT:

Wednesday, September 4, 2013 @ 1:00 p.m., local time, SHARP at 119 Birch Street. Belleville ON

(Parkdale Park).

Site Visit Contacts:

Joel Carr-Braint, Property Manager, Recreation, Culture & Community Services,

Tel: (613) 967-3292. Email: [email protected]

OR

Rob McGlashan, Property Supervisor, Recreation, Culture & Community Services

Tel: (613) 967-3200, Ext. 3278. Email: [email protected]

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.

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INFORMATION AND INSTRUCTIONS (Contd.)

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.

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INFORMATION AND INSTRUCTIONS (Contd.)

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.

13. EVALUATION OF PROPOSALS

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.

Assessment Criteria Weight

1. Price. 40

2. Number and types of apparatus. 20

3. Project schedule will meet or beat dead-lines. 10

4. Completeness of Proposal. 10

5. Previous Experience of Company – experience with similar

projects. Provide References Indicating – problem solving

skills/references of key personnel/overall performance.

10

6. Cost savings if awarded together with Parkdale Splash Pad. 10

TOTAL: 100

14. 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.

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INFORMATION AND INSTRUCTIONS (Contd.)

15. 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.

16. 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.

17. 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.

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INFORMATION AND INSTRUCTIONS (Contd.)

18. 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.

19. 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.

20. 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.

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INFORMATION AND INSTRUCTIONS (Contd.)

21. 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.

22. ASSIGNMENT

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

the City.

23. OCCUPATIONAL HEALTH & SAFETY ACT

a. The successful Proponent, for purposes of the Ontario Occupational Health and Safety Act, shall be

designated as the Constructor for this project and shall assume all of the responsibilities of the

Constructor as set out in that Act and its regulations. The foregoing shall apply notwithstanding that the

successful Proponent may be referred to as the 'Proponent' in this paragraph and any other provisions of

this document.

b. The Proponent acknowledges that it has read and understood the Occupational Health and Safety Act

together with the Proponent’s and the City’s Health and Safety Policies and Procedures.

The Proponent covenants and agrees to observe strictly and faithfully the provisions of

the said Occupational Health and Safety Act and all regulations and rules promulgated

there under together with the Proponent’s and the City’s Health and Safety Policies and

Procedures.

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INFORMATION AND INSTRUCTIONS (Contd.)

23. OCCUPATIONAL HEALTH & SAFETY ACT (Contd.)

The Proponent agrees to indemnify and save the City harmless for damages or fines

arising from any breach or breaches of the said Occupational Health and Safety Act

and/or the City’s and/or the Proponent’s Health and Safety Policies and Procedures.

The Proponent agrees to assume full responsibility for the enforcement of the said

Occupational Health and Safety Act and the City and the Proponent’s Health and Safety

Policies and Procedures and copy requirements of the City and to ensure compliance

therewith.

The Proponent further acknowledges and agrees that any breach or breaches of the

Occupational Health and Safety Act and/or the City and the Proponent’s Health and

Safety Policies and Procedures whether by the Proponent or any of its sub-contractors

may result in the Proponent and/or sub-contractor being removed from the site and in the

immediate termination of this contract herein and the forfeiture of all sums owing to the

Proponent by the City.

The Proponent shall allow access to the work site on demand to representatives of the

City to inspect work sites to ensure compliance with the Contract and the City's Policies

and Procedures.

The Proponent agrees that any damages or fines that may be assessed against the City by

reason of a breach or breaches of the Occupational Health and Safety Act by the

Proponent or any of its sub-contractors will entitle the City to set-off the damages so

assessed against any monies that the City may from time to time owe the Proponent

under this contract or under any other contract whatsoever.

Where any portion of the work or services in this Contract is contracted to a sub-

contractor, the Proponent agrees that the provisions of this section will apply to the sub-

contractor and the Proponent will enforce said provisions.

The Proponent shall provide a list of all controlled hazardous materials or products containing hazardous

materials, all physical agents or devices or equipment producing or omitting physical agents and any substance,

compound, product or physical agent that is deemed to be or contains a designated substance in accordance with

the Workplace Hazardous Materials

Information System (WHMIS) as defined under the Ontario Occupational Health & Safety Act

a. and shall provide appropriate Material Health & Safety Data sheets for these

substances used for the performance of the required work, all prior to the

performance of said work.

b. Where hazardous materials, physical agents and/or designated substances are

used in the performance of the required work, the Proponent shall ensure that

the requirements of the Ontario Occupational Health & Safety Act and

associated regulations are complied with.

c. The City reserves the right to cancel any contract for non compliance with the

terms set out herein, health and safety regulations, the Environmental

Protection Act, associated regulations and other applicable legislation.

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INFORMATION AND INSTRUCTIONS (Contd.)

24. 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.

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INFORMATION AND INSTRUCTIONS (Contd.)

25. 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:

b. 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.

c. 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.

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

rights or remedies the City may have.

e. 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.

26. 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.

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INFORMATION AND INSTRUCTIONS (Contd.)

27. 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.

28. 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).

29. 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.

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INFORMATION AND INSTRUCTIONS (Contd.)

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.

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INFORMATION AND INSTRUCTIONS (Contd.)

32. ADDENDA:

Questions during bidding (deadline for questions).

Should a proponent 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 Monday September 9, 2013 to enable the City to prepare an addendum (if any). Questions

received after 4:30 p.m. on Monday September 9, 2013 may not be acknowledged nor

answered.

b) 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.

d) 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.

e) 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.

f) 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.

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

h) 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.

i) 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.

j) 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.

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INFORMATION AND INSTRUCTIONS (Contd.)

33. GREEN POLICY (Contd.)

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 tender documents either directly call for green products or green

products may be priced as an option.

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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.

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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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.”

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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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 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

retained for a period of twelve (12) months from the completion date of the project to the

satisfaction of the City of Belleville.

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.

NOTE: All of the above documents must be enclosed in the same envelope as the Tender.

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 tender,

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.

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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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.

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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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. Tenders having any erasures or corrections shall be initialed by the Proponent in ink. All tenders shall

be typewritten or filled in with pen and ink and bids shall be signed in ink.

2013 – Request for Proposal for Construction of Splash Pad at Parkdale Playground -– FINAL DRAFT

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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 Tender 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 Tender for

________________________________________________________________________________________

REQUEST FOR PROPOSALS FOR PARKDALE CENTRE

SPLASH PAD

CONTRACT NO. RCCS-2013-10

is accepted by the Owner.

It is the condition of this Agreement that if the above-mentioned Tender 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 Tender related hereto, otherwise this Agreement shall be null and void.

DATED this day of 2013.

(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 Tender and the other shall

be retained by the Surety Company.

2013 - Splash Pad for Parkdale Park - RFP - FINAL.doc

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 ___________________________________

Name of person signing

Surety

___________________________________

Signature

___________________________________

Name of person signing

PERFORMANCE BOND Standard Construction Document

CCDC 221 - 2002

Copyright 2002

(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 ________ of ____________________________ 2013

Between _________________of the _____________________, County of ____________________ and

Province of _______________________________________________________________________

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

PARKDALE PLAYGROUND SPLASH PAD

CONTRACT NO. RCCS-2013-10

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

__

City Clerk

__

Neil R. Ellis, Mayor

Signatures of designated Municipal Seal of Municipality

Officers and Position Held

SUBMISSION LABEL

CITY OF BELLEVILLE

REQUEST FOR PROPOSALS

PARKDALE PLAYGROUND

SPLASH PAD

CONTRACT NO. RCCS-2013-10

___________________________________________

LEGAL NAME OF PROPONEN T

Ms. Yasmina Jamal, Purchasing Supervisor

The Corporation of The City of Belleville

169 Front Street

Belleville, Ontario

K8N 2Y8