city of stratford request for proposal for … · request for proposal issued friday, november 22,...

CITY OF STRATFORD

REQUEST FOR PROPOSAL FOR

ANNE HATHAWAY SPLASH PAD

COMMUNITY SERVICES DEPARTMENT

RFP 13 - 07

Closing: Wednesday, January 15, 2014

THE CORPORATION OF THE CITY OF STRATFORD

Anne Hathaway Splash Pad Community Services Department

TABLE OF CONTENTS

1. Purpose 2. Scope of Work 3. Specifications 4. Submission Requirements 5. Submission Instructions

6. Acceptance or Rejection of Proposals and Approvals 7. General Terms and Conditions 8. Bidder’s Declaration 9. Price Form 10. Special Provisions – Specifications

11. Irrevocable Letter of Credit - template

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1. PURPOSE

This Request for Proposal (“RFP”) sets out certain requirements of The Corporation of the City of Stratford (“the City”) and constitutes an invitation for Firms (“Proponents”) to submit a proposal for the design, supply and installation of a splash pad and all associated equipment at Anne Hathaway Park Stratford, intersecting Downie Street and Bruce Street. RFP Schedule Below represents a tentative Request for Proposal schedule:

Event Anticipated Date Request for Proposal issued Friday, November 22, 2013 Mandatory site meeting Friday, November 29, 2013 at 2:00 p.m. Last day for submitting email inquiries Friday, December 6, 2013 Final response to bidder inquiries Friday, December 13, 2013 Final addendum, if required Friday, January 10, 2014 Proposals due from firms Wednesday, January 15, 2014 1st round of presentations, if applicable Friday, January 17, 2014 and Monday, January 20, 2014 Recommendation Tuesday, January 21, 2014 Award of Contract Monday, January 27, 2014

The City reserves the right to make changes to these dates. A mandatory site visit will be held at 2:00 p.m. Friday, November 29th. Please meet at the proposed site. Questions and comments related to the RFP should be directed to Mr. Brad Hernden, Manager of Recreation & Marketing, at [email protected] .

2. SCOPE OF WORK The Scope of Work for the Anne Hathaway Park Splash Pad includes the design, supply and installation of a new splash pad and all pumps, controls, valves, timers, and pipes required for the new splash pad. The Contractor is responsible for all layouts. This is a community project with a number of local contractors that have donated materials and/or services. Donated services are further outlined in the specifications and price form. The successful Proponent is responsible to act as the General Contractor, and will be deemed as the Constructor for this installation. Bidders are required to complete the necessary commissioning and staff training. The splash pad is to have:

a. a family water play area; b. a teen water play area; c. a toddler water play area or equivalents as determined by the City and Contractor.

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mailto:[email protected]



Components should be colourful and complement the City of Stratford and surrounding parkland features. The design should exhibit a smooth play transition from one play component to the next; exhibiting overall continuity, high quality, variety of play for users of varied abilities. The successful Proponent will be responsible for preparing final design drawings and obtaining necessary approvals for construction. All required permits and certificates are to be furnished to the Corporation of the City of Stratford to show that all work conforms to applicable laws before final payment is approved by the City. The successful Proponent shall also be responsible for providing all caps for winterization and for start-up. All costs for these services must be included in the total project cost.

3. SPECIFICATIONS General Design Criteria The splash pad is to be located within Anne Hathaway Park boundary located at the intersection of Downie Street and Bruce Street in Stratford Ontario. The approximate area available for the splash pad is 372 square metres (4,000 square feet), including the spray zone and spray free zone, located in the general area and as shown on the proposed site plans attached as Appendix “A”. The proposed splash pad design must include the following design criteria:

a. Inclusive and barrier free access to facility; b. All features shall possess vandal proof hardware and be constructed to minimize the effects of

vandalism with uninterrupted lines of sight; c. All features shall be flame retardant; d. All water features on the new splash pad must be ‘low flow’ devices to minimize water

consumption; e. All materials shall be non-corrosive and suitable for long term outdoor use; f. Metals materials shall have an approved corrosion resistant finish. g. Plastics must be heavy duty and UV resistant; h. All nozzles and ground jets to be constructed of stainless steel with brass jet heads and stainless

steel housing; i. All fasteners shall be corrosion resistant; j. Design and material selection shall consider reduced maintenance requirements on a daily basis; k. The activation bollards shall be a stand-alone unit; l. Moving parts such as water buckets, umbrellas, etc. shall be kept to a minimum m. All features must incorporate anti climbing characteristics; n. The splash pad must meet all applicable safety and CSA standards; o. Design shall include a suitable sitting area for care givers immediate supervision; Design shall

facilitate its use by the youngest age groups and their care givers, while allowing for play opportunities for children of all ages;

p. Water play features for toddlers and teens shall be incorporated in a manner which does not compromise the play facility use by very young children;

q. Surface shall be non-slip finish on a cast in place concrete slab; r. Grading shall be without abrupt changes, trip hazards or unreasonably steep slopes.

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Materials All products proposed and supplied must be new and free from defects which impair the strength and durability or which are visible. Materials shall be new and first class in every respect. All materials supplied to the City must be appropriately identified as approved by the Canadian Standards Association (CSA) and/or the Underwriters Laboratories (UL), standards for safety. All features must be properly wrapped and secured in place while in transport to the site. Delivery of splash pad equipment shall be FOB destination, Stratford, Ontario. The City of Stratford reserves the right to reject or refuse and request replacement components if defective in any manner before or after installation. Accessibility The design and layout of the Splash Pad area 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 – children and adults. Adults with disabilities should be able to interact with and assist children using the water play area. All facets of disabilities should be acknowledged in the design so that it provides a unique accessible water play area without limiting the enjoyment of all children. Warranty The equipment must include a minimum two (2) year warranty for all water play equipment and a minimum of one (1) year warranty on all materials supplied and construction performed by the Contractor. Proponents shall detail all applicable warranties available for the splash pad specifically outlining any inclusions/exclusions. Training One (1) scheduled on-site training session shall be included in the total price, to provide City personnel instructions and demonstrations on the operation of the electrical system, controllers, seasonal opening/closing requirements and any site-specific operation procedures. A contractor is free to propose additional training sessions, and consideration of such a proposal will be included in the Owner’s review. Maintenance Data The successful Proponent shall submit a set of maintenance and operating instructions to the City. The manuals shall include all equipment literature, parts list, operating instructions, maintenance instructions and all other pertinent data. The data shall provide enough instruction to permit City staff to operate and maintain the mechanical and electrical systems. Layout and Design All proposed designs shall be included with your proposal. The layout and components shall ensure that there is no over spray beyond the boundaries of the drainage surface. Final Design The successful Proponent will be responsible for preparing final design drawings, obtaining final approvals and the necessary building and plumbing permits. The successful Proponent shall provide a complete set of “as built” drawings in an acceptable digital format.

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Project Budget The Proponent is advised that the upset limit for the splash pad design, project management, features, equipment and specialized installation services is: $150,000 excluding Harmonized Sales Tax. Project costs submitted by Proponents cannot exceed this value and failure to meet the budgetary requirement may result in disqualification. A portion of the project budget will be completed through donated services. The successful proponent will be responsible to act as the General Contractor for this project, and w i l l be responsible for coordinating the work of the sub-contractors performing the donated services. Please refer to the price form for detail regarding those items to be bid by the contractor. The contractor is advised that those items noted as “donated” on the price form are services for which a donation will be received. By submitting and signing this bid the Contractor agrees that this work is not guaranteed and that the City is free to accept any donated equipment and service that may be forthcoming. Schedule of Construction The contractor will work with City staff and the donated service providers to develop an acceptable construction schedule. It is the City’s expectation that work will be completed by May 31, 2014. Pre-Construction Meeting Upon an award of contract, before the commencement of work, the Contractor will arrange for a preconstruction meeting with the City and all donated service providers. The purpose of this meeting will be to review all plans and contract documents, establish procedures for handling drawings, inspections, invoices, and to provide a good working relationship among all parties involved. City Representative The contact for this Request for Proposal will be Mr. Brad Hernden, Recreation & Marketing Manager, 519-271-0250 extension 286 or [email protected]. Drawings A proposed site plan is attached to this document, Appendix “A”. Service Locates It will be the responsibility of the Contractor to arrange for service locates. Stratford is now a member of Ontario One Call. Contact - phone 1-800-400-2255, fax 1-800-400-8876 or www.on1call.com . Note, you MUST still make separate arrangements with other utility companies such as Festival Hydro and Rogers Cable. Any damage that occurs to the existing plant of these utilities, caused by neglect of the Contractor, shall be the Contractor’s responsibility.

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Workmanship The workmanship shall be of a uniformly high quality, not only as regards durability, efficiency and safety, but also as regards to neatness of detail. Mediocre or inferior work shall be replaced by work of first class quality without cost to the City when so ordered by the City’s Representative. City Representative The City’s Representative shall be the sole judge of the adequacy and completeness of the Contractor’s work as spelled out by these contract documents.

4. SUBMISSION REQUIREMENTS The main body of the proposal shall include responses to the following submittal requirements: General Information/Cover Letter Site Layout Drawings Three Dimensional Perspective Drawings Materials/Type of Water Play Features List of Sub-Contractors Agreement to Bond Scope of Work and Schedule Price The City shall be the sole judge of whether or not a Consultant demonstrates the necessary organization and personnel, management, and technical understanding to successfully complete all elements related to this RFP. General Information A covering letter summarizing: a. your proposal and recommended design; b. a list of key company project personnel who will be responsible for this project; c. a list of sub-contractors stating the components to which they will be responsible; d. a list of three references identifying similar projects completed within the last five (5) years; e. a proposed project schedule. Site Layout Drawings The Proposal shall contain three (3) site layout plan drawings, minimum of 11” x 17”, computerized format showing clearly all equipment, concrete pad areas, splash components, drains, drainage lines, services, electrical, chambers, model numbers, colours, dimensions, etc. Three Dimensional Perspective Drawings The Proposal shall contain three (3), three-dimensional, coloured rendering, perspective drawings showing the splash pad, minimum of 11” x 17”, computerized format. Materials/Type of Water Play Features The Proposal shall include detailed information and colour images of the proposed types of water play features, surfaces and components.

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List of Sub Contractors A list of all Sub-Contractors proposed to be used by the Bidder to complete the work shall be included with the Proposal. Agreement to Bond An Agreement to Bond shall be completed by an approved bonding company and submitted with the Proposal. A Performance and Maintenance bond for 50% and a Labour and Materials Payment Bond for 50% of the contract price for the work to be completed by the contractor shall be required from the successful bidder within seven (7) days of notification of award of this project or Irrevocable Letter of Credit An irrevocable letter of credit that is subject to the Uniform Customs and Practice of Documentary Credits of the International Chamber of Commerce, current at the time of issuance of this standby letter of credit in the amount of 100% of the total amount submitted.– per attached template with no exceptions. The irrevocable standby letter of credit must be provided within seven (7) days of notification of award of this project. Scope of Services and Schedule Provide a Scope of Work, as outlined in Section 2.0. Provide a schedule in bar chart or other suitable form clearly indicating work to be performed and completion dates. Price Detailed price proposal to perform tasks outlined in the proposed Scope of Work. Costs shall be presented in tabular format and must match the scope, broken down into the individual tasks defined within the scope. Provide appropriate labour rate categories and cost/rate category and expense table(s). All bids must be in Canadian dollars. All applicable taxes must be shown separately. The total budget for this planning effort is a maximum of $150,000, excluding Harmonized Sales Tax.

5. SUBMISSION INSTRUCTIONS

5.1 General

Submission of a proposal indicates acceptance by the Proponents of all the terms, conditions and specifications contained in the Request for Proposal unless clearly and specifically noted in the proposal submitted and confirmed in the formal contract between the City and the Proponent. Deviations from the RFP must be clearly identified in the written submission. This Request for Proposal document, the Proponent’s response to this solicitation and subsequent written contract to the successful Proponent shall form the basis of the binding contract to be executed between the parties. Proponents shall enclose in their submission, a form of a written contract that they expect to be bound by in performing the work and services called for in this RFP, and which will be reviewed and finalized by both parties.

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Proponents are required to submit four (4) copies bound and one (1) original signed unbound on your company letterhead complete with the signed Bidders Declaration and Price Form (Sections 8 and 9) in a sealed envelope – clearly identified.

5.2 Closing Date and Time Proponents are to submit their proposals to: City of Stratford, City Hall Attention: Purchasing Department BID#: RFP13 - 07 P. O. Box 818, 1 Wellington Street Stratford, Ontario, N5A 6W1

Submissions will be received up to 2:00:00 p.m., Local Time Wednesday, January 15, 2014.

5.3 Opening of Submission

A public opening at the same location will be held at 2:15:00 p.m., Local Time, Wednesday, January 15, 2014. Only the names of the proponents who submitted a proposal will be announced.

5.4 Late Submission Proposals received by the Purchasing Department later than the specified closing time will be returned, unopened, to the proponent.

5.5 Questions/Clarifications Enquiries regarding the process or format of the response must be directed in writing to Mr. Brad Hernden, Manager of Recreation and Marketing at [email protected]. No enquiries are to be directed to any other employee or elected Officials. Directing enquiries to other than the Manager of Recreation and Marketing, may in the City’s sole discretion, result in your submission being rejected. All clarification requests are to be sent in writing to the individual mentioned above. No clarification requests will be accepted by phone. Responses to clarification requests will be provided in the form of an addendum. Any changes to the request for proposal, prior to the proposal closing will be issued as an addendum. If addenda are issued, their receipt must be acknowledged by the proponent in the appropriate section of the Form of Proposal. The City will assume no responsibility for oral instruction or suggestions. Failure to acknowledge all addenda will result in your proposal being rejected. No addendum(s) will be issued within 48 hours prior to bid closing. All addendum(s) become part of the bid documents and must be acknowledged and/or submitted as instructed with the bid. All addendum(s) will be posted on the City of Stratford website; http://www.stratfordcanada.ca/en/insidecityhall/bidopportunities.asp?_mid_=2707 It is the Bidder's sole responsibility to check the website for addendum(s) prior to submitting their bid. Any bid received without addendum(s) acknowledged and/or submitted as instructed will be rejected.

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5.6 Evaluation Criteria

The City reserves the right to accept any Proposal or reject any or all Proposals and waive formalities as the interests of the City may require. Proposals will be evaluated based on the following criteria:

a. Play value (variety of water play, variety of ages) 25 points

b. Safety (equipment details, surfaces) 10 points

c. Cost (bottom line, value) 20 points

d. Durability (mechanical details, material specs, maintenance requirements) 15 points

e. Appearance (visual impacts, suitability to site, creativity) 15 points

f. Warranty (duration, coverage) 10 points

g. References 5 points In evaluating submissions, the City, at its discretion, may clarify any aspect of any proposal with one (1) or more of the Proponents at any time. Any such clarification will not alter the proposal and will not constitute negotiations of the total price of the goods and services to be supplied or performed as set out in the proposal at the close of the RFP call. Clarifications with any Proponent shall not oblige the City to enter into a contract with any Proponent or be construed as an acceptance of the proposal. All clarification shall be in writing, in a form satisfactory for inclusion into a contract. The Proponent is expected to provide with their submission, any items or suggestions that may be of interest to the City in the services being provided. The prices bid are to include any and all costs that are involved in the provision of the services. All qualifying Submissions become the property of the municipality on the closing date.

5.7 Acceptance of a Proposal The proposal submission is to remain firm for acceptance for a period of ninety (90) days from date of closing.

5.8 Short Listing, if required Each Short Listed Proponent may be invited to present its proposal to the City at the Proponent’s own expense. The presentation will be divided into three (3) sections.

a. In the first section, the Proponent will be given an open format to present its proposal to a maximum of 30 minutes.

b. In the second section, the Proponent will be asked to respond to specific questions presented to it by The City.

c. The third section will be an open question and answer format, where either the Proponent or the City can ask questions.

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5.9 If you have any audio visual requirements other than access to a LCD projector, please contact Mr. Brad

Hernden, Manager of Recreation and Marketing, at 519-271-0250 extension 286 or at [email protected]. Access to the Internet will not be provided.

5.10 Final Evaluation Upon completion of oral presentations and demonstrations by short listed Proponents, the City’s evaluation team will review the preliminary evaluation and make adjustments based on the information obtained in the proposal, the oral presentation and reference checks.

5.11 Notification of Outcome

The successful Proponent will be notified by telephone with subsequent written confirmation sent to the address identified in the Submission. All other Proponents who made a Submission within the allowed time will be notified in writing of the outcome of this RFP upon Council award. The award of this contract may be subject to Council approval and budgetary limitations.

5.12 Rights Reserved by the City 5.12.1 The City reserves the right to accept or reject any or all proposals and/or to reissue the RFP in its

original or revised form. The lowest cost proposal will not necessarily be accepted and the City reserves the right to determine in its own mind the proponent best qualified to undertake this project. The City further reserves the right to cancel this RFP at any, without any penalty or cost to the City.

5.12.2 The City is not liable for any costs incurred by interest parties in the preparation of their

response to this request or selection of interviews. Furthermore, the City shall not be responsible for any liabilities, costs, express loss or damage incurred, sustained or suffered by any interested party, prior or subsequent to, or by reason of the acceptance, or non-acceptance by the City of any response, or by reason of any delay in the acceptance of the response.

5.12.3 The City reserves the right to request interested parties to:

5.12.3.1 Address specific requirements not adequately covered in their initial submission. 5.12.3.2 Clarify information in the response. 5.12.3.3 In the event of any disagreement between the City and the proponent regarding

the interpretation of the provisions of the RFP, the Manager of Recreation and Marketing or an individual acting in that capacity, shall make the final determination as to interpretation.

5.12.3.4 The City reserves the right to modify any and all requirements stated in the RFP at any time prior to the possible awarding of the contract.

5.13 Treatment of Information

All proposal documents are the property of the City. The proposals will be considered confidential during the evaluation process but are subject to access requests under the Municipal Freedom of Information and Protection of Privacy Act. Extracts of proposals and the costs of their solutions may be used as part of a pubic document, Proponents must indicate in the proposal which parts of their proposal if any are exempt from disclosure.

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6. ACCEPTANCE OR REJECTION OF PROPOSALS AND APPROVALS

The Proposal must be legible and all items must be bid. Proposals which are incomplete, unbalanced, conditional, obscure, or which contain erasures or alterations not properly initialled, or irregularities of any kind, may be rejected as informal or void. Instances where a bid shall be rejected as unacceptable are:

Incomplete bids (all items put to tender are not bid). Bids are not properly signed and dated. Bids offered or received after the specified closing time.* Bids that contain restrictions placed on the goods or services, by the vendor. Bids completed in pencil, rather than typed or written in ink. Bids withdrawn by the vendor or his agent.** Bids completed on forms other than those supplied by The Corporation of the City of Stratford. Bids submitted without the required documentation attached or completed, bonding, etc. Bids where goods or services do not comply with called for specifications. *Bids received after the designated closing time and date specified, will be returned to the vendor unopened. ** Request for withdrawal of a bid shall be allowed if the request is made before the closing time. Requests must be directed to the Manager of Financial Services by a Senior Official of the company with a signed withdrawal confirming the details. Telephone requests will not be considered. The withdrawal of the bid does not disqualify a bidder from submitting another bid on the same contract. No facsimile bids accepted.

7. GENERAL TERMS AND CONDITIONS

7.1 Exclusion of Proponents in Litigation

No bid will be accepted from any bidder inclusive of its subcontractor(s), which has a claim or instituted a legal proceeding or has threatened a claim or instituted a legal proceeding against The Corporation or against whom the Corporation has a claim or instituted a legal proceeding with respect to any previous contract, without prior approval by Council.

7.2 Assignment The Proponent will not, without written consent of the Manager of Recreation and Marketing make any

assignment or any subcontract for the execution of any service or product herby quoted on.

7.3 Harmonized Sales Tax All submissions shall indicate separately, Harmonized Sales Tax.

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7.4 Workplace Safety & Insurance Board

a. The successful bidder shall furnish a WSIB Clearance Certificate indicating their WSIB firm number, account number and that their account is in good standing. This certificate must be furnished prior to commencement of work, and shall provide additional certificates prior to the expiry date of the certificate on file during the term of the contract to ensure their WSIB account in good standing throughout the contract period.

b. If the successful bidder is an independent operator, sole proprietor, partner in partnership or executive officer and is exempt from requiring WSIB coverage by being recognized as an ‘independent operator’ they must produce a letter from WSIB acknowledging independent operator status which confirms WSIB coverage is not required. Such evidence must be provided to the City prior to commencement of work. Effective January 1, 2013, independent operators, sole proprietors, partners in partnership and executive officers in the construction industry will be required to have WSIB coverage and therefore subject to clause a.

7.5 Health and Safety Requirements

.1 The classification of Contractors and Sub-Contractors in the City of Stratford Health and Safety Policies and Procedures Manual is external to the City of Stratford and includes all those individuals or organizations working on a contract for the City of Stratford. The health and safety responsibilities attached to this classification include the following:

• Demonstrate the establishment and maintenance of health and safety program, with objectives and standards and will provide qualified workers and meet all applicable legislation as well as City of Stratford Health and Safety Policies and Procedures.

• Are held accountable for their health and safety performance. • Ensure the workers in their employ are aware of the hazardous substances that may be in use at

the workplace and wear the appropriate personal protective equipment required for the area. Proof of the above may be required by the City at any time from tendering to project completion. Unless otherwise stated, successful bidder, for the 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 following shall apply notwithstanding that the successful bidder has been referred to as the ‘Constructor’ in this and any other related document. • The Constructor acknowledges that he has read and understood the Occupational Health and

Safety Act together with the City of Stratford’s Health and Safety Policies and Procedures. • The Contractor covenants and agrees to observe strictly and faithfully the provisions of the

Occupational Health and Safety Act and all regulations and rules circulated thereunder together with the Constructor’s Health and Safety Policies and Procedures.

• The Constructor agrees to indemnify and save the City of Stratford harmless for damages or fines arising from any breach or breaches of the said Occupational Health and Safety Act and applicable legislation.

• The Constructor agrees to assume full responsibility for the enforcement of the Occupational Health and Safety Act and applicable regulations, their Health and Safety Policies and Procedures and to ensure compliance.

• The Constructor agrees to have a competent supervisor on site at all times when work is in progress, and that this supervisor enforces safe work practices.

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

Occupational Health and Safety Act and/or applicable regulations and their own Health & Safety Policies and Procedures whether by the Constructor or any of its subcontractors may result in the Constructor 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 Constructor by the City of Stratford.

• The Constructor shall allow access to the work site on demand to representatives of the City of Stratford to inspect work sites.

• The Constructor agrees that any damages or fines that may be assessed against the City of Stratford by reason of a breach or breaches of the Occupational Health and Safety Act by the Constructor or any of its sub-contractors will entitle the City of Stratford to set-off the damages so assessed against any monies that the City of Stratford may from time to time owe the Constructor 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 Constructor agrees that the provisions of this section will apply to the sub-contractor and the Constructor will enforce said provisions.

• Where hazardous materials, physical agents and/or designated substances are used in the performance of the required work, the successful bidder shall ensure that the requirements of the Ontario Occupational Health & Safety Act and associated regulations are complied with.

• The City of Stratford 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.

• The City of Stratford may consider previous OHSA violations as grounds for rejection and the City of Stratford may terminate any contract arising from this document if the Bidder is continuously in violation of OHSA requirements.

.2 All work performed under this Contract must be carried out in accordance with the terms and conditions of the Occupational Health & Safety Act and its Regulations, the Environmental Protection Act, the Highway Traffic Act and all other applicable Acts, Regulations, or By-Laws governing the work to be performed. Violations of any such legislation may result in a termination of this agreement. The following link is to the City of Stratford – Health & Safety Manual which details the minimum standards for Health & Safety Best Practices. Especially Note Policy 4, Page 9; Contractors & Subcontractors Responsibilities and Duties as well as Policy 21, Contract Administration. http://www.stratfordcanada.ca/en/insidecityhall/resources/Health_and_Safety_Program_Manual.pdf NOTE: Each successful contractor MUST comply with the City of Stratford’s Contractor Health and Safety

Program and provide all required documents as noted in that program or requested by the City Representative.

7.6 Accessibility Standards for Customer Service

The Bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations thereunder with regard to the provision of its goods or services contemplated herein in persons with disabilities. Without limitation, if applicable, pursuant to section 6 of Ontario Regulation 429/07, Accessibility Standards for Customer Service, made under the Accessibility for Ontarians with Disabilities Act, 2005, the Bidder shall ensure that all of its employees, agents, volunteers, or others for

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whom it is at law responsible, receive training about the provision of its goods and services to persons with disabilities. The Bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the City of Stratford must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. The City's Accessibility Plan can be found on the website at http://www.stratfordcanada.ca/en/insidecityhall/accessibility.asp.

7.7 Errors & Omissions It shall be understood and acknowledged that while this RFP includes specific requirements and specifications minor items or details not herein specified, but obviously required shall be provided as if specified in conformance with current practices and workmanship. Any omissions, errors or misinterpretation of these requirements and specifications or within the proposal bid shall not relieve the bidder of the responsibility of providing the goods and services as aforesaid.

7.8 Insurance The Proponent shall include with this submission proof of ability to obtain insurance as listed below. The City’s Certificate of Insurance, shall be completed and submitted by the successful Proponent, within seven (7) days of notification of award of this project. This form is to be completed by the Proponent’s insurance provider(s).

The Certificate of Insurance can also be found on the internet at http://www.stratfordcanada.ca/en/insidecityhall/purchasing.asp This certificate must detail such coverage as provided under the Commercial General Liability policy, Non Owned Automobile Liability policy and Standard Owners Automobile Liability policy, Coverage shall be effected by such Insurer(s) licensed in the Province of Ontario, Canada, and/or acceptable to the City. The Commercial General Liability shall be on an “Occurrence basis”. “Claims Made” and/or Comprehensive General Liability policies are not acceptable unless approved in writing by the Manager of Financial Services. The policies will not be altered to the detriment of the City, cancelled or allowed to lapse without giving 30 days written notice to the City and shall remain in force from Contract execution to the end of the Warranty period. The Certificate of insurance shall provide the following as additionally insured: The Corporation of The City of Stratford MTE Consultants Inc. Stratford & Area Builders’ Association Rotary Club of Festival City, Stratford Stratford Splash Pad Committee with respect to the Commercial General Liability policy. The Proponent shall indemnify and hold harmless the Corporation of the City of Stratford, it officers and employees from and against any and all liabilities, claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, directly or indirectly arising out of the project attributable to bodily injury, sickness, disease or death or to damage to or destruction of tangible property caused by acts or omissions of the Proponent, its officers, agents, servants, employees, customers, invitees or licensees, or occurring in or on the premises or any part thereof and, as a result of activities under this contract.

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7.8.1. Mandatory Coverage

a. Commercial General Liability (IBC 2100 or its Equivalency) Shall include the Owner, its employees and Consultants as Insureds. The Corporation of the City of Stratford and such other entities as directed shall be added as additional Insureds. Minimum acceptable limits are $2,000,000 per Occurrence. The Commercial General Liability policy must include “Blanket Contractual Liability” and “Cross Liability” endorsements. Maximum Property Damage/Bodily Injury Deductible $2,500 for which The Contractor assumes full responsibility.

b. Non Owned Automobile Liability Policy Minimum Limits of Liability $2,000,000 and coverage must be extended to include vehicles hired under Contract.

c. Standard Owners Automobile Liability Policy Minimum Limits of Liability $2,000,000.

d. Professional Liability Insurance: Professional liability insurance in the Proponent’s name not less than $ 2,000,000 per occurrence. The City may require coverage for other hazards as required on a project basis. The City reserves the right to modify the insurance requirements as deemed suitable.

7.9 Infringements and Indemnification Proponents shall protect, defend and save the City harmless from suits or actions of every nature and description brought against it, for or on account of any injuries or dames received or sustained by a part or parties, by or from any of the acts of the proponent, and/or the agents, employees, successors, or assigns the proponent.

7.10 Compliance with Laws The Proponent shall comply with all applicable laws relating to the RFP, the Submission and any contract resulting there from.

7.11 Publicity The Proponent and its affiliates shall not release for publication any information in connection with the RFP or contract without prior written permission from the municipality. However, the City of Stratford reserves the right to share with any consultant of their choosing the RFP and submitted proposals to secure expert opinion.

7.12 Patents and Copyrights The Contractor shall indemnify and save harmless the Corporation from all and every claim for damages, royalties or fees for the infringement of any patented invention, trademark or copyright occasioned by him in connection with work done or material furnished by him under this Contract.

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7.13 Acceptance of Work

The written notice of acceptance shall specify the date of commencement of the twelve (12) month Maintenance Period. The Contractor shall be responsible for any maintenance or corrective measures required as a result of faulty workmanship or materials during the Maintenance Period.

7.14 Time and Order of Completion

The work shall commence upon written notification by the City and shall be completed and full possession thereof given to the City no later than May 31, 2014.

7.15 Working Hours No work shall be carried out on Sundays or on public holidays or between the hours of 7:00:00 p.m. and 7:00:00 a.m. and the contractor’s hours of work shall be subject to the approval of the City of Stratford.

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THE CORPORATION OF THE CITY OF STRATFORD Anne Hathaway Splash Pad

Community Services Department 8.0 BIDDER’S DECLARATION To: The Corporation of the City of Stratford I/We __________________________________________________________________________________________ (name) __________________________________________________________________________________________ (title/position) of __________________________________________________________________________________________ (name of firm) 1. DECLARE that no person, firm or corporation other than the one whose signature or the signature of whose

proper officers I attached below, has any interest in this bid or in the Contract proposed to be undertaken. 2. FURTHER DECLARE that this bid is made without any connection, knowledge, comparison of figures or

arrangement with any other company, firm or person making a bid for the same requirement (unless performed under a "joint" agreement and so declared in the bid), and in all respects is fair and without collusion or fraud.

3. FURTHER DECLARE that no City of Stratford employee, or Member of Council is, or will become interested

directly or indirectly as a contracting party unless disclosed as follows:

_________________________________________________________________________________________ 4. FURTHER DECLARE that all statements, schedules and other information provided in this bid are true, complete

and accurate in all respects to the best knowledge and belief of the Proponent. 5. FURTHER DECLARE that I have carefully examined the bid, response requirements, general conditions,

requirements and hereby acknowledge the same to be part and parcel of any contract to be let for this project therein described or defined and do all the work and to provide the services of the project mentioned for the price(s) stated.

6. FURTHER DECLARE that the agent listed below is hereby authorized by the Proponent to submit this bid and is

empowered and authorized to negotiate all matters with the City representatives on behalf of the Proponent. 7. AGREE that this bid is to continue open for acceptance until the formal Contract is executed or a Purchase Order

is issued to the successful Proponent or for ninety (90) days following the bid closing date, whichever occurs first and that the city may, at any time within that period, without notice, accept this bid whether any other bid has been previously accepted or not.

8. Agrees to have checked the City of Stratford website and have allowed for Addenda numbered as follows:

__________ through to ____________. _____________________________ ___________________________ Signature of Authorized Officer Name of Authorized Officer (print)

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Community Services Department 9.0 PRICE FORM I, the undersigned, submit the following prices for the design, supply and installation of a splash pad at the noted location, all according to the terms and conditions contained in this document and the drawings submitted with my proposal. I agree that by submitting and signing this bid that this work is not guaranteed and that the municipality is free to accept any donated equipment and service that may be forthcoming. _________________________________________ _______________________________________________

Signature Print Name Item Description Bidder Instructions Price 1 Insurance Contractor to bid 2 Mobilization and demobilization Contractor to bid 3 Temporary site fencing Donated - 4 Bonds Contractor to bid (if required) 5 Site servicing – sanitary, storm, water Donated - 6 Coordination and oversight of donated services

and materials Contractor to bid

7 Spray features including equipment, controls, shipping to site

Contractor to bid

7.1 Splash Pad installation including: - 7.2 Feature installation Contractor to bid 7.3 Site excavation Donated - 7.4 Granular (materials) – approx. 300 tonnes Donated - 7.5 Granular (placement and compaction) Contractor to bid 7.6 Concrete (materials) – approx. 60 m3 Donated - 7.7 Concrete (placement and finishing) Contractor to bid 7.8 Compaction testing Donated - 7.9 Concrete testing Donated -

7.10 Any colours required for aesthetic reasons Contractor to bid 7.11 Feature piping (materials and placement) Contractor to bid 7.12 Electrical (materials and labour) Donated -

8 Any other item requirements not noted above Contractor to bid 9 Shade Structures Donated - 10 Sidewalks Donated - 11 Layout Donated - 12 Landscaping Donated - Subtotal 13% HST Total

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Community Services Department

10.0 SPECIAL PROVISIONS - SPECIFICATIONS GENERAL The work shall be carried out to comply with the Ontario Building Code and in accordance with the appropriate Ontario Provincial Standard Specifications except as altered herein. The Municipality reserves the right to delete all or portions of the work. The work will include; paving, grading, and placing of granular material, site preparation and restoration. ONTARIO PROVICIAL STANDARD SPECIFICATIONS Unless otherwise specified all materials, methods of installation and testing procedures shall comply with specifications outlined in the Ontario Provincial Standard Specifications, latest revision. Although not included in the Proposal document the following Ontario Provincial Standard Specifications (OPSS) shall form part of the Contract: a. OPSS General Conditions of Contract b. OPSS 102 Weighing of Materials c. OPSS 180 Management and Disposal of Excess Material d. OPSS 206 Grading e. OPSS 314 Untreated granular sub base, base, surface, shoulder and stockpiling f. OPSS 501 Compacting g. OPSS 570 Topsoil h. OPSS 571 Sodding i. OPSS 1001 Aggregates-General j. OPSS 1004 Miscellaneous Aggregates k. OPSS 1010 Aggregates-Granular A, B, M, and Select Subgrade Material

DRAINAGE OF ADJACENT LANDS The Contractor shall conduct his operations such that the drainage of adjacent lands will not be blocked by materials from the excavation or stockpiled backfill. At the direction of the Municipality or a designate, the Contractor shall take immediate corrective action to alleviate any drainage problems caused by his operations. ADDITIONAL COSTS TO CONTRACTOR The Contractor shall be required to pay all costs for any geotechnical testing of materials which do not meet specifications. These costs will be deducted from the Contractors final payment certificate. CHANGE ORDERS The Contractor shall not proceed with any additions or deletions to the Contract until they have been issued a Change Order. The Change Order must be signed by the Contractor approved by the Municipality. Verbal changes by the site inspector will not be recognized for payment by the Municipality.

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Community Services Department INSPECTION AND TESTING The Contractor will not receive payment for any aspect of the work that cannot be tested or inspected to the satisfaction of the Municipality. ESTIMATED QUANTITIES Quantities contained in the Price Form are estimated. Final payment will be based on “As Built” quantities. ACCESS TO PROPERTY The Contractor shall ensure that access to properties is restored at the end of each day.

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Community Services Department

11. LETTER OF CREDIT - TEMPLATE

We hereby issue in your favour this Irrevocable Standby Letter of Credit in the amount of (X SUM OF DOLLARS CAD $X), which is available by payment against your written demand, addressed to (BANK X, ADDRESS), bearing the clause "drawn under standby letter of credit Number... issued by (BANK X, ADDRESS)."

Any written demand for payment must be accompanied by your signed certificate stating that the Corporation of the City of Stratford has the right to make demand for payment in accordance with the contract between (PROPONENT) and the Corporation of the City of Stratford regarding the contract. We shall then honour your demand without enquiring whether you have the right as between you and our Customer, (PROPONENT) to make such demand and without acknowledging any claim of our Customer.

This Letter of Credit will continue to (DATE, 201x) and will expire on that date and you may call for payment of the full outstanding amount under this Letter of Credit at any time up to the close of business on that date. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended for one year from the present or any future expiration date hereof, unless at least ninety (90) days prior to any such date, we shall notify you in writing by Registered Mail that we elect not to consider this Letter of Credit renewed for any such additional period. In the event of a notification of non-renewal, the Corporation of the City of Stratford may demand the full or any portion of this credit provided our customer (the proponent) has not provided the City with full alternate financial assurance satisfactory to the City at least 10 days prior to the expiration of this Letter of Credit.

It is understood that the amount of this credit may be reduced from time to time as (PROPONENT) obligations pursuant to the aforementioned Agreement are discharged, such reduction will be effected upon receipt of the City’s written notice delivered to this office.

Written demands for the full amount or any portion or portions thereof must be presented to us along with this original Credit Instrument.

This Letter of Credit is subject to the Uniform Customs and Practice of Documentary Credits of the International Chamber of Commerce, current at the time of issuance of this standby letter of credit.

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