Supply and Installation of Playground Equipment for Spicer

PO Box 130, 236 Commercial Street, Berwick,

Nova Scotia B0P 1E0 www.berwick.ca

902-538-8068

1 TOB 2021_01_RFP Spicer Park

REQUEST FOR PROPOSALS

Supply and Installation of Playground Equipment for

Spicer Park

ISSUED BY: Town of Berwick

CONTACT NAME: Kimberly Halliday

CONTACT EMAIL: [email protected]

TENDER DOCUMENT #: TOB_RFP_2021_06

http://www.berwick.ca/



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TENDER ISSUE DATE: December 2nd, 2021

TENDER CLOSING DATE: December 16th, 2021

TENDER CLOSING TIME: 2:00 PM local time

INTRODUCTION

The Town of Berwick is requesting proposals from experienced and qualified proponents for the

supply and installation of playground equipment to be located in Spicer Park. The successful

proponent will be responsible for the specifications for and construction of a new piece(s) of

playground equipment. Site preparation will be done by our Public Works department prior to the

work start date in consultation with the successful Proponent.

The specific services to be provided/completed are described in this Request for Proposal (RFP).

**Please note**

This RFP and any subsequent written addenda shall be posted on the Nova Scotia

Provincial Tender site, as well as the Town’s website at https://www.berwick.ca/municipal-

tenders.html. The Town will not maintain a “plan takers” list. Prospective Proponents shall

be responsible to review the website for any addenda that have been issued.


https://www.berwick.ca/municipal-tenders.html




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SECTION 1 - INSTRUCTIONS TO PROPONENTS

1.1 PROPOSAL SUBMISSION The total proposal must be received before 2:00 p.m. local time December 16th, 2021 in order to be considered. Refer to Section 2 for a detailed breakdown of the proposal submission requirements.

1.2 PROPONENT CONDUCT STATEMENT

The Town expects proponents and its employees to conduct themselves appropriately, particularly with regards to Human Rights, Health and Safety, and Environmental Stewardship. Please note that conduct detrimental to the Town by a proponent or any of its employees, agents, contractors, or representatives may lead to disqualification or dismissal.

1.3 COVID-19 STATEMENT

The Town expects employees and proponents to fully adhere to the advice and current guidelines of the Chief Medical Officer of Health for the Province of Nova Scotia. The COVID-19 Pandemic is a public health emergency and appropriate precautions must be taken seriously by everyone to ensure continued health and safety of our communities.

1.4 NOTICES

a. The Town is committed to creating and maintaining a supply chain and procurement process that is inclusive and representative of the full range of human experience present among the residents we serve, and expect the companies we work with to do the same. Highlighting demonstrable commitment to accessibility, diversity, equity and inclusion of all persons regardless of ability, race, culture, gender/sexual identity and expression, family status, religion, and age by proponents is strongly encouraged.

b. The Town reserves the right to modify the terms of this RFP at any time at its sole discretion.

c. The information contained in this RFP is supplied solely as a guideline for Proponents. While every reasonable attempt has been made to ensure its accuracy, the Town does not guarantee or warrant its accuracy, nor is it necessarily comprehensive.




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d. By submitting a response to this RFP, the Proponent represents and warrants that such bid is genuine and not false or collusive or made in the interest or on behalf of any person not herein named, and that the Proponent has not, directly or indirectly, induced or solicited any other proponents to put in a false bid, or any other person, firm or corporation to refrain from bidding, and that the proponent has not in any manner sought by collusion to secure to the Proponent an advantage over any other proponent.

e. If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has in presenting any bid or bids, colluded with any other party or parties, then the contract so awarded shall be liable to the Town for all loss or damage which the Town may suffer thereby; and the Town may advertise for a new contract and for said labour, supplies, materials, equipment or service.

f. The submission of a proposal shall be considered an agreement to all the terms and conditions provided herein. Any proposal containing exceptions to the terms and conditions of the RFP or the resulting contract may be rejected by the Town for non-compliance. Any request for changes to the terms and conditions of the RFP or resulting contract must be made in writing prior to the date of closing. Only if the Town issues a formal addendum to the RFP will any changes to the RFP or resulting contract be effective.

g. The Proponent’s, by submitting a bid, shall represent and warrant that they have sufficiently informed themselves in all matters affecting the performance of the work or the furnishing of the labour, supplies, materials, equipment, or service called for in the quotation documents; that they have checked their bid for errors and omissions; that the amounts stated in their bid are correct; that they are familiar with and will abide by all Federal and Provincial laws and regulations and all bylaws and policies of the Town that may affect the performance of the service or persons engaged or employed in the performance of the services.

h. If a written contract cannot be negotiated within 15 business days of notification to the Proponent initially selected, the Town may, at its discretion, terminate negotiations with that Proponent and either negotiate a contract with the next highest qualified Proponent or cancel the RFP process and not enter into a contract with anyone regarding the RFP.

i. In cases of dispute as to whether or not an item or service proposed meets the RFP requirements, the decision of the Town shall be final and binding.

j. Proposals must be received before 2:00 pm local time December 16th,2021 in order to be considered.

k. Prior to award of the contract, the successful Proponent is required to be registered to conduct business in the Province of Nova Scotia. The successful Proponent shall remain registered for the duration of the Contract.




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1.5 AWARD OF CONTRACT

a. The Town reserves the right to suspend or cancel any RFP at any time for any reason without penalty.

b. The Town reserves the right to reject any and all proposals or accept any proposal or part thereof and may award all or a portion of the work to one or more Proponents.

c. The Town reserves the right to accept other than the highest scoring proposal or any proposal. The Town reserves the right to reject any or all proposals and to award the contract in its entirety, or in part, whichever, in its opinion, best serves the interests of the Town.

d. The Town reserves the right to award a contract on the basis of the initial offers received, without discussions or requests for best or final offers.

e. The Town reserves the right to waive any informalities, formalities, technicalities or to reject any or all RFPs based on incomplete bids, the Proponent’s lack of proven experience, performance on similar projects or the suitability of proceeding with the execution of the work.

f. In the event that a number of Proponents submit proposals in substantially the same amount or score, the Town may, at their discretion, call upon those Proponents to submit further proposals.

g. The Town reserves the right to reject the proposal of any Proponent if after an investigation of the information submitted by the Proponent fails to satisfy the Town that the Proponent is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

h. No term or condition shall be implied, based upon any industry or trade practice or custom, any practice or policy of the Town or otherwise, which are inconsistent with the provisions contained herein

1.6 RFP TIMELINE The Town establishes the following timeline for the RFP process. All dates are subject to

change due to COVID-19, and project dates may be adjusted in consultation with the selected Proponent.

Milestone Anticipated Completion Date

RFP Issued December 2nd, 2021

Closing Date for Proposal Submissions December 16th, 2021

Award Contract December 20th, 2021

Project Start-up Meeting January 5th, 2022




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Work Started January 12th, 2022

Complete Project March 31, 2022

1.7 RFP ADMINISTRATION

a. All questions concerning this RFP shall be directed to:

b. All requests for clarification must be received in writing at least four (4) working days

prior to the closing date; all written clarification will be issued to all respondents. Verbal responses are only binding when confirmed by written addenda.

Refer to Section 2 for a complete breakdown of the proposal submission requirements. 1.8 DISQUALIFICATION FOR INAPPROPRIATE CONTACT

Any attempt by the Proponent or any of its employees, agents, contractors, or representatives to contact members of Town Council, Town staff, or members of the review panel not identified in this RFP with respect to this RFP or the Services prior to awarding the contract for this RFP may lead to disqualification.

1.9 ADDENDA

a. Written addenda will be posted on the Town of Berwick’s website (https://www.berwick.ca/municipal-tenders.html) no later than 48 hours before RFP Closing, as well as posting on the Nova Scotia procurement website (https://procurement.novacsotia.ca/ns-tenders.aspx). The Town will not maintain a

Primary Contact Alternate Contact

Kimberly Halliday MPAL/Active Living Coordinator Town of Berwick Ph: 902-538-8068 ext. E-mail: [email protected]

Tim Harding Director of Public Works Town of Berwick Ph: 902-538-8717 E-mail: [email protected]



https://procurement.novacsotia.ca/ns-tenders.aspx



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plan takers’ list; prospective proponents shall be responsible to review the website for any addenda that have been issued. The submission of a proposal shall be deemed to indicate that the proponent has read, understood and considered all addenda issued prior to the closing date and time.

1.10 CONFIDENTIALITY

All documents provided during the RFP process may not be used for any purpose other than the submission of a proposal. Proponents shall not use information obtained through the RFP process without written permission from the Town.

1.11 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

Proponents agree to public disclosure of the contents of its submission in response to the RFP subject to the provisions of the Municipal Government Act relating to Freedom of Information and Protection of Privacy. Anything in the submission that the Proponent considers to be “personal information” or “confidential information” of a proprietary nature should be marked confidential and will be subject to appropriate consideration of the Municipal Government Act as noted above. The work described in this RFP is being conducted with public funds, and the fees and expenses proposed in the Proponent’s submission will be made public.

1.12 LEVEL OF EFFORT AND MUNICIPAL SUPPORT

Proponents are advised that Town staff will endeavor to be available for interviews throughout the proposal call as schedules permit. The proposal should be all-inclusive, and Proponents should not rely on Town staff for any purpose other than reporting and direction.

1.13 CONFLICT OF INTEREST

Proponents and their employees shall take all reasonable steps to ensure avoidance of all direct or indirect conflicts of interest between any of their individual interests and those of the Town. If the Proponent or any one of its personnel becomes aware of any reasonable possibility of any such conflicts, then the Proponent shall promptly disclose to the Town the facts and circumstances pertaining to same.




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SECTION 2 - PROJECT OVERVIEW AND REQUIREMENTS

2.1 OVERVIEW

In addition to being known as a “healthy, active place to live, work and play”, Berwick is called “the little town with a lot to offer” (ICSP 2010:94). Berwick is a small town with a population of 2,509 people. Construction of new playground elements will provide the community a safe and healthy place to be active outdoors year-round. This redesign of our current playground at Spicer Park will benefit the community by providing a safe, accessible playground that allows for outdoor play for children aged 3-5 years, and allows for future expansion. Currently, Spicer Park is a large green-space area that contains a play structure, one natural play piece, community garden beds, a trail, and two access points: Hayden Drive (with a gravel parking lot) and Cottage Street (no parking, just a pathway to the park). Spicer Park will be redesigned and restructured to incorporate new playground equipment and safety surfacing that is accessible and inclusive. Rejuvenating Spicer Park as an accessible playground area will increase its use and, in turn, will increase the amount of physical activity the citizens are engaged in. It is crucial that the design and playground elements of the playground equipment reflect an inclusive and accessible atmosphere. This RFP sets out the requirements for the Town’s open invitation to organizations to submit a proposal for the supply and installation of playground equipment elements.

2.2 SCOPE OF WORK

The Proponent will be responsible for the following aspects of the supply and installation of the Spicer Park playground equipment: Design The elements of the playground equipment should be colorful and complement the Town and surrounding park features. The design should exhibit a smooth play transition from one play element to the next, exhibiting overall continuity and high quality. The playground equipment shall be designed for a variety of play for users of varied abilities and provide an opportunity to be expanded upon in the future.

The proposed playground equipment must meet the following criteria:

• Inclusive and barrier free access;




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• All features shall possess vandal proof hardware and be constructed to minimize the effects of vandalism with uninterrupted lines of sight;

• The playground equipment must meet all applicable safety and CSA standards;

• Design shall facilitate its use by the youngest age groups and their caregivers, while allowing for play opportunities for children of all ages;

• Allow for expansion within the area of existing park.

Materials All products supplied must be new and free from defects which impair their strength and durability, or any visible defects. Materials shall be new and first class in every respect. All materials supplied to the municipality must be appropriately identified as approved by the Canadian Standards Association (CSA). The Town of Berwick recognizes the importance of buying locally and using local suppliers as much as possible and that this factor will be considered when evaluating effectiveness and efficiency. The municipality reserves the right to reject or refuse and request replacement components if defective in any manner. Accessibility The design and layout of the playground equipment must incorporate the principle of “inclusive” or “play for all”. All children, including children with disabilities, want to explore their environments, take risks and interact safely with others. Adults with disabilities should also be able to interact with and assist children using the playground equipment. All facets of disabilities should be acknowledged in the design so that it provides a unique accessible area without limiting the enjoyment of any users.

Warranty The playground equipment must include a minimum two (2) year warranty. Drawings The successful Proponent will be required to prepare and submit a complete set of “as built” drawings for the final design, in an acceptable digital format.

2.3 REQUIREMENTS

Canadian Standards Association (CSA) All products must be designed and manufactured to comply with the CSA Z614:20, Children’s Playground Equipment and Surfacing. Certificate of Compliance The successful proponent will be expected to supply a copy of their current and valid safety accreditation issued by Nova Scotia Workers’ Compensation Board or Certificate of Recognition (COR) issued by Construction Safety Nova Scotia.




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The successful proponent will be expected to provide a valid clearance letter issued by the Worker’s Compensation Board of Nova Scotia. Insurance and Liability Requirements The successful Proponent will be required to enter into an Agreement with the Town as required on a project specific basis. The intention of the Agreement will be to hold the Proponent responsible for any damages incurred as the result of errors, omissions, or negligence.

The Agreement shall contain a comprehensive hold harmless/indemnification clause in favor of the Town for all claims arising out of the negligence and/or acts or omission of the Proponent.

The successful Proponent shall provide to the Town the following insurance coverage:

• Commercial general liability insurance for all operations and activities of the Proponent; including listing the Town as an additional insured and providing a certificate of insurance;

• Professional insurance with exclusive limits applicable to the project in question; coverage shall commence from the start of the project and be maintained through to completion; and

• Limits of insurance will be sufficient for type of project in question. Minimum acceptable limit to be $2,000,000.

• Must be a certified playground installer

Site Visit Proponents are encouraged to familiarize themselves with the existing Spicer Park playground site and working conditions and all other conditions which may affect installation of the new playground equipment. A site visit will be held on December 8th, 2021 at 11am local time with Kimberly Halliday, The Active Living Coordinator, and Tim Harding, Director of Public Works, on site to answer any questions.

2.4 DELIVERABLES

Proposals should be detailed enough to demonstrate how the Proponent’s expertise, staff, and resources best meet the needs of the Town, as described in this Request for Proposal (“RFP”). The proposal shall include the following:

• Corporate profile, including a summary of project management and technical support services;

• List of key personnel responsible for the project;




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• List of sub-contractors, if any, and the components for which they will be responsible;

• Prospectus of recommended playground equipment, including pictures, dimensions, and a list of materials;

• Site layout drawings and three-dimensional perspective drawings of the playground equipment;

• Recommended safety surface material;

• Proposed project schedule and timeline for completion; and

• At least three references for similar projects completed in the last five (5) years.

• Completed Cost Breakdown Form, found in Appendix A. 2.5 BUDGET

The total maximum budget for this project is $25,000 before taxes. The budget includes the playground equipment, safety surface material, and installation.

SECTION 3 – PROPOSAL SUBMISSION

3.1 PROPOSAL SUBMISSION Proposals for the above project shall be submitted as follows:

One physical hard copy and/or one PDF copy of the Proposal must be submitted prior to 2:00 PM local time on December 16th, 2021.

Hard copies are to be sealed in an envelope and clearly marked with “Spicer Park Playground Equipment”, the Proposal document number, and the name of the Proponent. Submissions must be delivered to:

Kimberly Halliday, MPAL 236 Commercial Street Berwick, NS B0P 1E0

PDF copies are to be named “Spicer Park Playground Equipment” and include the Proposal document number, and name of the Proponent. Submissions must be emailed to:

[email protected]


mailto:[email protected]



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• Proposals must be signed by an authorized signatory of the Proponent.

• Late proposals will not be accepted.

• All proposals shall be and remain irrevocable unless withdrawn prior to the designated closing time.

The Town will require the original Proposal documents of the Selected Proponent to be delivered at a later date, if submitted electronically. Check for changes to this request. The Town will not maintain a plan takers’ list. Before submitting your bid, Proponents should visit the Town of Berwick website at https://www.berwick.ca/municipal-tenders.html to see if any Addenda detailing changes have been issued on this RFP. Changes may be posted up to no later than forty-eight (48) hours before the RFP closing time. It is the Proponents’ responsibility to acknowledge and consider all Addenda. Proponents shall be solely responsible for the delivery of their bids in the manner and time prescribed. Proposals received after the time and date specified shall be rejected and returned unopened.

3.2 CLARIFICATION AND ADDENDA

All questions concerning this Proposal shall be directed to the following:

Kimberly Halliday, MPAL E-mail: [email protected] Phone: 902-538-8068 ext. 4019

Any attempt by the Proponent or any of its employees, agents, contractors, or representatives to contact members of Town Council or Town employees not identified in this clause may lead to disqualification.

Any changes to this RFP shall be stated in writing by the Addenda. Verbal statements made by Town employees or their representatives shall not be binding.

3.3 AMENDMENT OR WITHDRAWAL OF TENDER

Proposals may only be amended or withdrawn by using the same method as proposal submission prior to the time of RFP Closing.



mailto:[email protected]



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Head amendment or withdrawal as follows: “(Amendment) / (Withdrawal) of Spicer Park Playground Equipment.” Sign as required for Proposal, and submit to the email address supplied for receipt of Proposals prior to time of RFP Closing. All submissions must be received prior to RFP Closing.

3.4 OFFER, ACCEPTANCE, REJECTION

The Owner reserves the right to accept or reject any tender, and to cancel the tendering process and reject all tenders at any time prior to the award of Contract without incurring any liability to affected tenderers, including without limitation the lowest tender, and to award the Contract to whomever the Owner in its sole and absolute discretion deems appropriate, notwithstanding any custom of the trade nor anything contained in the Contract Documents or herein. The Owner shall not, under any circumstances, be responsible for any costs incurred by the Proponent in preparing its proposal. Without limiting the generality of the foregoing, the Town reserves the right, in its sole and absolute discretion, to accept or reject any Tender in which the view of the Town is incomplete, obscure, or irregular, which has erasures and corrections in the documents, which contains exceptions and variations, which omits one or more prices, or which contains prices the Town considers unbalanced.

Criteria which may be used by the Town in evaluating proposals and awarding the Contract are in the Town’s sole and absolute discretion and, without limiting the generality of the foregoing, may include one or more of: price, total cost to the Town, the amount of Nova Scotia content; the amount of Canadian content; reputation; claims history of Proponent; qualifications and experience of the Proponent and its personnel; quality of services and personnel proposed by the Proponent; ability of the Proponent to ensure continuous availability of qualified and experienced personnel; the Construction Schedule and Plan; the proposed Labour and Equipment; and the proposed Supervisory Staff. Should the Town not receive any tender satisfactory to the Town in its sole and absolute discretion, the Town reserves the right to re-tender the Project, or negotiate a contract for the whole or any part of the Project with anyone or more persons whatsoever, including one of more of the Proponents.




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SECTION 4 – EVALUATION

4.1 EVALUATION PROCESS

All submissions received prior to closing will be evaluated by a Review Panel consisting of the following:

• Chief Administrative Officer

• Director of Public Works

• MPAL

The Review Panel reserves the right to perform any of the following and take the information obtained into account in evaluating a Proposal including the right to: seek clarification or verify information provided by a Proponent with respect to this RFP;contact any or all of the references supplied by a Proponent to verify any information or data submitted by the Proponent and to obtain information about past performance; Interview either via teleconference or at the Town’s offices any or all of the key personnel.

GENERAL CONTRACT CONDITIONS

1. WORK

1.1 The Proponent shall provide the Work, as defined in the Contract Documents to the Town in accordance with the terms and conditions of the Agreement.

2. INSURANCE AND INDEMNITY

2.1 The Proponent shall obtain and maintain in force during the Term:

a) Comprehensive general liability insurance providing coverage of not less than $2

million inclusive per occurrence for bodily injury, death and property damage and including loss of use thereof, which may arise directly or indirectly out of the acts or omissions of the Proponent and the Controlled Persons or any of them under this Agreement, such as insurance to include the Town as an additional named insured;

b) Automobile liability insurance in an amount not less than $2 million and automobile physical damage insurance including collision and comprehensive coverage, covering




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all automobiles owned, rented or leased by the Proponent that are required by law to be licensed; and

c) Equipment insurance covering all equipment owned, rented or leased (with policy

limits and conditions that may be applicable to any rental or lease agreements) by the Proponent utilized in the performance of the work by the Proponent, and the Controlled Persons or any of them against “all risks” of loss or damage; all in form and content and with an insurer or insurers acceptable to the Town.

2.2 Evidence satisfactory to the Town that the insurance required under subsection 2.1 has

been obtained shall be submitted by the Proponent on execution of this Agreement by the parties, and the Proponent shall, upon the request of the Director submit evidence that the insurance remains in force and effect.

2.3 The Proponent shall ensure the insurance described in subsection 2.1 may not be cancelled or materially changed in any way whatsoever without the insurer or insurers giving not less than 30 days prior written notice to the Town.

2.4 The Proponent shall indemnify and save harmless the Town from and against all claims,

liabilities, demands, losses, damages, costs and expenses, fines, penalties, assessments and levies made against or incurred, suffered or sustained by the Town at any time or times (whether before or after the expiration or sooner termination of the Agreement) where the same or any of them are based upon or arise out of or from anything done or omitted to be done by the Proponent and the Controlled Persons or any of them pursuant to this Agreement including any claim against the Town for failure to supervise or inspect the work which is performed by the Proponent pursuant to this Agreement which indemnity will survive the expiration or sooner termination of the Agreement.

2.5 The Proponent shall be responsible for compliance with all conditions and regulations

under the Workers Compensation Act and for all assessments and levies which may be made thereunder.

2.6 Subject to subsection 2.7, the Town will reimburse the Proponent for any Proponent’s

Expenses if the Town is satisfied that:

a) the Proponent’s expenses have been solely and properly incurred for the purpose of repairing or restoring Town property damaged by persons other than the Proponent or Controlled Persons; and




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b) all such repairs or restorations of Town property damaged by persons other than the Proponent or the Controlled Persons have been repaired or restored in accordance with the Agreement.

2.7 The Proponent shall co-operate with the Town and its counsel in any and all investigation, settlement, and judicial determination of any claims made against the Town or the Proponent and any claims relating to damage to Town property relating directly or indirectly to the Agreement and shall cause the Controlled Persons to be similarly bound.

3. PROPONENT’S COVENANTS

3.1 The Proponent shall:

a) Observe, abide by and comply with all laws, by-laws, ordered, directions, rules and

regulations of any competent government authority or branch or agency thereof directly or indirectly applicable to the Proponent or this Agreement;

b) Ensure that the representations and warranties set forth in proposal are true and correct at all times during the Term and provide evidence to that effect on the written request of the Town;

c) Maintain its corporate existence and carry on and conduct its business in a proper

business-like manner in accordance with good business practice and keep or cause to be kept proper in books of account in accordance with generally accepted accounting principles applied on a consistent basis;

d) Punctually pay as they become due all accounts, expenses, wages, salaries, taxes,

levies, rates, fees, contributions and assessments required to be paid by it on any of its undertaking;

e) Co-operate with the Town and any other contractors providing services within the

Town; f) Perform the work in a good workmanlike manner to the satisfaction of the Town; and

g) Provide and maintain at all times sufficient staff, facilities, materials, appropriate

equipment and approved sub-contractual agreements in place and available to it to fully perform the work.




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4. ASSIGNMENT AND SUBCONTRACTING 4.1 The Proponent shall not without prior written consent of the Town, which consent may be

arbitrarily withheld, assign, either directly or indirectly, the Agreement or any right of the Proponent under this Agreement.

4.2 The Proponent shall not subcontract any obligation of the Proponent under this Agreement to any person without the prior written consent of the Town.

4.3 The appointment of Subcontractors by the Proponent shall not relieve the Proponent of its

responsibility hereunder or for the quality of work, materials and services provided by it. 4.4 The Proponent shall at all times be held fully responsible to the Town for the acts and

omissions of its Subcontractors and persons employed by them and no subcontract entered into by the Proponent shall impose any obligation or liability upon the Town to any such Subcontractor or any of its employees.

4.5 The Proponent shall cause every Subcontractor to be bound by the terms of the

Agreement so far as they apply to the work to be performed by each subcontractor. 4.6 Nothing in the Agreement shall create any contractual relationship between the Town and

a Subcontractor of the Proponent.

5. QUALITY ASSURANCE PROGRAM 5.1 The Proponent acknowledges and agrees that the performance of the Proponent’s

obligations under this Agreement shall be subject to review by the Town. 5.2 All quality assurance inspection reports will be prepared by the Town. 5.3 All work determined to be deficient shall be corrected or replaced by the Proponent at the

Proponent’s sole expense.

6. DEFAULT AND REMEDIES 6.1 Any of the following events shall constitute an Event or Default whether any such event

be voluntary, involuntary or result from the operation of law or any judgement or order of any court or administrative or government body:




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a) The Proponent fails to observe, perform or comply with any provision of this Agreement, on the part of the Proponent to be observed, performed or complied with;

b) Any representative or warranty made by the Proponent in this Agreement is materially untrue or incorrect;

c) Any information, statement, document, certificate or report furnished or submitted by

or on behalf of the Proponent under or as a result of this Agreement, is materially untrue or incorrect;

d) The Proponent fails to furnish and give to the Town notice that there has occurred or

is continuing a default under the Agreement, and specifying particulars of the same;

e) A change occurs with respect to any one or more, including all, of the properties, assets, condition (financial or otherwise), business or operations of the Proponent which, in the reasonable opinion of the Town, materially adversely affects the ability of the Proponent to fulfill any of its obligations under this Agreement;

f) The Proponent becomes insolvent, commits an act of bankruptcy, makes

assignments for the benefit of its creditors or otherwise acknowledges its insolvency;

g) The Proponent permits any sum which is not disputed to remain unpaid after legal proceedings have been commenced to enforce payment thereof;

h) The Proponent ceases, in the reasonable opinion of the Town, to carry on business

as a going concern; and

i) The Proponent, without the prior written approval of the Town, assigns, sells, or in any manner disposes of or encumbers all or any of its interest in, or rights acquired under this Agreement.

6.2 On the happening of an Event of Default, or at any time thereafter, the Town may deliver

written notice to the Proponent, specifying the Event of Default and the Town may, at its option, elect to do any one or more of the following: a) pursue any remedy available to it at law or in equity;

b) holdback from each payment due to the Proponent of the Agreement up to 5% of each

such payment until the Event of Default is resolved to the satisfaction of the Town;




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c) take all actions in its own name or in the name of the Proponent that may reasonably be required to cure the Event of Default in which case all payments, costs and expenses incurred therefore will be payable by the Proponent to the Town on demand and setoff against any sums owing by the Town to the Proponent present or future including any holdback maintained pursuant to subsection 6.2(b);

d) require that the Event of Default be remedied within a time period specified by the

Town;

e) forfeit, any holdback maintained pursuant to subsection 6.2(b);

f) waive the Event of Default; and

g) terminate this Agreement, subject to the expiration of any time period specified by a notice delivered pursuant to subsection 6.2 (d).

6.3 The rights, powers and remedies conferred on the Town under this Agreement are not

intended to be exclusive and each will be cumulative and in addition to and not in substitution for every other right, power and remedy existing or available to the Town under this Agreement, any other agreement, at law or in equity and the exercise by the Town of any right, power or remedy will not preclude the simultaneous or later exercise by the Town or any other right, power or remedy.

6.4 No failure or delay on the part of either party to complain of any act or failure of the other party or to declare such other party in default, irrespective of how long such act or failure to act will continue, will constitute a waiver by such party of its rights hereunder.

7. MISCELLANEOUS 7.1 The Proponent shall not, during the Term, perform work for or provide advice to any

person, firm or corporation or other legal entity where the performance of the work or the provision of the advice may or does, in the reasonable opinion of the Town, give rise to a conflict of interest between the obligations of the Proponent to the Town under this Agreement and the obligations of the Proponent to such other person, firm or corporation or other legal entity.

7.2 A reference in this Agreement;

a) To a statute whether or not the statute has been defined, means a statute of the Province of Nova Scotia unless otherwise stated and includes every amendment to it,




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every regulation made under it and any enactment passed in substitution therefore or in replacement thereof; and

b) To any other agreement between the parties means that the other agreement as it may be amended from time to time by the parties.

7.3 Each of the parties shall, upon reasonable request of the other, make, do, execute or

cause to be made, done or executed all further and other lawful acts, deeds, things, devices, documents, instruments and assurances whatever for the better or more perfect and absolute performance of the terms and conditions of this Agreement.

7.4 If any provision of this Agreement or the application thereof to any person or circumstance is invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to any other person or circumstance shall not be affected or impaired thereby and shall be valid and enforceable to the extent permitted by law.

7.5 No waiver by either party of a breach or default by the other party in the observance,

performance or compliance of any of its obligations under this Agreement shall be effective unless it is in writing and no such waiver shall be deemed or construed to be a waiver of any other breach or default and failure or delay on the part of either party to complain of any act or failure of the other party or to declare such other party in default, irrespective of how long such failure or delay continues, shall not constitute a waiver by such party of any of its rights against the other party.

7.6 If any event of Force Majeure occurs or is likely to occur, the party directly affected shall

notify the other party forthwith, and shall use its best efforts to remove, curtail or contain the cause of the delay, interruption or failure and to resume with the least possible delay compliance with its duties, covenants and obligations under this Agreement.

7.7 Time shall be of the essence of this Agreement. 7.8 This Agreement shall be governed by and construed and interpreted in accordance with

the laws of the Province of Nova Scotia.




902-538-8068


SUBMISSION DOCUMENT

Please include “N/A” where applicable

Proponent/Supplier:

Name of Vendor:

Address of Vendor:

Phone Number:

Email Address:

Contact for Purposes of this Submission:

Complete Cost Breakdown (without HST, 15%)

Manufacturer Warranty Cost

Design

Playground equipment

Playground equipment installation




902-538-8068


Site preparation and safety flooring

Supply and installation of base

Supply and installation of playground equipment

Please attach additional pages, as required, to provide complete and accurate information pertaining to the unit recommended. Please prepare a separate document if you are recommending different units.

PRICING

Playground equipment: $ ______________

Installation: $

HST (15%) $

Total Proposal Price $

I agree that the information and pricing provided will be valid for acceptance for a minimum of 30 days from the closing date of the Request for Proposal.




902-538-8068


DECLARATION

I certify that this is a Bonafede Request for Proposal Submission and we are committing to

provide this offer in accordance with the details defined in this document.

Name of Supplier: ____________________

Authorized Representative:

Signature

Dated this day of , 2021.
