proposal request #2017-09 - peterboroughutilities.ca · the proposal should be clearly marked “...

PROPOSAL REQUEST #2017-09

SHADE SHELTERS FOR THE

RIVERVIEW PARK & ZOO SPLASH PAD

March 2017

PETERBOROUGH UTILITIES SERVICES INC. 1867 Ashburnham Drive, PO Box 4125, Station Main

Peterborough ON K9J 6Z5

February 27, 2017 Proponents:

PROPOSAL REQUEST #2017-09 You are invited to submit a Proposal for our requirements on the supply and installation of shade shelter(s) for the Riverview Park & Zoo Splashpad, including any necessary restoration. The Proposal should be clearly marked “Proposal Request #2017-09 – Splash Pad Shade Shelter(s)” and delivered to Peterborough Utilities Services Inc., Attention: Jim Ayrheart, Purchasing and Materials Manager, 1867 Ashburnham Drive, Peterborough, Ontario, K9L 1P8, no later than 2:00:00 p.m. Local Time, Wednesday, March 15, 2017. Lowest or any Proposal not necessarily accepted. Regards,

Jim Ayrheart Purchasing and Materials Manager P: (705) 748-9301 ext 1260 F: (705) 748-4358 E: [email protected] Encl. c: Jim Moloney

F:\PUR\Purchasing\2017 - Tenders\2017-09 - Shade Shelters for the Riverview Park & Zoo Splash Pad\BID ISSUED\2017-09 RFP.doc

mailto:[email protected]

PETERBOROUGH UTILITIES COMMISSION

Proposal Request #2017-09

INDEX Description Page 1.0 REQUIREMENTS CHECKLIST .................................................................................................... 1

2.0 CONTRACTOR SAFETY QUALIFICATION ................................................................................. 2

3.0 SCOPE SUMMARY ...................................................................................................................... 8

3.01 OVERVIEW ................................................................................................................................. 8 3.02 INTENT OF PROPOSAL ............................................................................................................ 8

4.0 INSTRUCTIONS TO PROPONENTS ........................................................................................... 9

4.01 DEFINITION OF TERMS ............................................................................................................ 9 4.02 CLOSING DATE AND TIME ....................................................................................................... 9 4.03 SITE MEETING ........................................................................................................................... 9 4.04 PROPONENTS TO INVESTIGATE ............................................................................................ 9 4.05 QUESTIONS / DISCREPANCIES / CLARIFICATIONS ............................................................ 10 4.06 ADDENDA ................................................................................................................................. 10 4.07 ADJUSTMENTS TO PROPOSALS .......................................................................................... 11

4.07.01 Request To Adjust A Proposal Prior To Closing ..................................................... 11 4.07.02 Request To Withdraw a Proposal Prior To Closing ................................................. 11

4.08 PROPOSED COMPETITIVE BIDDING SCHEDULE ................................................................ 11 4.09 ALLOCATION OF RISK ............................................................................................................ 12 4.10 GENDER NEUTRAL ................................................................................................................. 12 4.11 FORMAT OF SUBMISSION ..................................................................................................... 12

4.11.01 Separate Packages ................................................................................................. 12 4.12 INTERVIEWS ............................................................................................................................ 13 4.13 FORM OF PROPOSAL ............................................................................................................. 13 4.14 PRICING ................................................................................................................................... 13 4.15 SALES TAX ............................................................................................................................... 13 4.16 ABILITY AND EXPERIENCE OF PROPONENT ...................................................................... 13

5.0 GENERAL TERMS AND CONDITIONS ..................................................................................... 15

5.01 RIGHT TO CLARIFY ................................................................................................................. 15 5.02 NEGOTIATION ......................................................................................................................... 15 5.03 AWARD ..................................................................................................................................... 15 5.04 EVALUATION ........................................................................................................................... 15

5.04.01 Evaluation Scoring ................................................................................................... 16 5.04.02 Bid Analysis ............................................................................................................. 16 5.04.03 Evaluation Committee ............................................................................................. 16

5.05 ACCEPTANCE / REJECTION OF PROPOSAL ....................................................................... 17 5.06 BID COMPLIANCE ................................................................................................................... 17 5.07 DURATION OF CONTRACT .................................................................................................... 18 5.08 CHANGES TO WORK WHEN CONTRACT UNDERWAY ...................................................... 18 5.09 OWNER'S RIGHT TO TERMINATE CONTRACT .................................................................... 18 5.10 INDEPENDENT CONTRACTOR (Nature of Relationship) ....................................................... 18 5.11 INSURANCE ............................................................................................................................. 19

5.11.01 Professional Liability Insurance ............................................................................... 20 5.11.02 Proof of Insurance ................................................................................................... 20 5.11.03 Certificate(s) of Insurance ....................................................................................... 21

5.12 CONTRACTOR'S LIABILITY - INDEMNIFICATION ................................................................. 21 5.13 CONSTRUCTION LIEN ACT .................................................................................................... 21 5.14 WORKPLACE SAFETY & INSURANCE BOARD ..................................................................... 22



Proposal Request #2017-09

5.15 WORKPLACE SAFETY & INSURANCE BOARD COVERAGE ............................................... 23 5.16 PROTECTION OF WORK AND PROPERTY ........................................................................... 23 5.17 DISPOSAL OF SURPLUS OR UNSUITABLE MATERIAL ....................................................... 24 5.18 SAFETY .................................................................................................................................... 24 5.19 COMPANY HEALTH AND SAFETY POLICY ........................................................................... 24 5.20 OCCUPATIONAL HEALTH & SAFETY ACT ............................................................................ 24 5.21 LOSS AND DAMAGE ............................................................................................................... 25 5.22 SAFETY PRECAUTIONS ......................................................................................................... 25 5.23 SITE ACCESS – OWNER REPRESENTATIVES ..................................................................... 25 5.24 SITE SPECIFIC HEALTH AND SAFETY PLAN ....................................................................... 25 5.25 WORKMANSHIP ...................................................................................................................... 26 5.26 WARRANTY OF WORK ........................................................................................................... 26 5.27 CLEANING UP .......................................................................................................................... 26 5.28 ACCEPTANCE AND CORRECTION OF DEFECTS ................................................................ 26 5.29 SUB-LETTING .......................................................................................................................... 27 5.30 COLLUSION ............................................................................................................................. 27 5.31 VERBAL ARRANGEMENTS ..................................................................................................... 27 5.32 PAYMENT / APPROVAL OF WORK ........................................................................................ 27 5.33 MINOR CHANGES ................................................................................................................... 28 5.34 LAWS AND REGULATIONS .................................................................................................... 28 5.35 CONTRACTOR PERFORMANCE EVALUATION .................................................................... 28 5.36 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

(MFIPPA) ................................................................................................................................... 28 5.37 LIST OF HAZARDOUS MATERIALS TO BE BROUGHT ON SITE BY CONTRACTORS ...... 29 5.38 MATERIAL SAFETY DATA SHEETS (MSDS) ......................................................................... 29 5.39 DRAWINGS .............................................................................................................................. 29 5.40 CSA APPROVAL....................................................................................................................... 29 5.41 NON-RESIDENT CONTRACTOR ............................................................................................ 29

6.0 SPECIFICATIONS ...................................................................................................................... 31

6.01 SCOPE OF WORK ................................................................................................................... 31 6.01.01 Construction ............................................................................................................ 31 6.01.02 Design ..................................................................................................................... 31 6.01.03 Ease of Use and Maintenance ................................................................................ 31 6.01.04 Installation ............................................................................................................... 31 6.01.05 Cleanup ................................................................................................................... 32 6.01.06 Restoration .............................................................................................................. 32

7.0 FORM OF PROPOSAL ............................................................................................................... 33

8.0 PROJECT DELIVERY PROPOSAL ............................................................................................ 34

9.0 STATEMENTS ............................................................................................................................ 35

STATEMENT “A” - CONTRACTORS' REFERENCE SCHEDULE ......................................................... 35 STATEMENT “B” - SAFETY STANDARDS ESTABLISHED BY LAW & BY INDUSTRY ....................... 36 STATEMENT “C” - CONTRACTOR’S SUPERVISORY STAFF ............................................................. 37 STATEMENT “D” - CONTRACTOR’S STAFFING .................................................................................. 38



1 Proposal Request #2017-09

1.0 REQUIREMENTS CHECKLIST MANDATORY REQUIREMENTS CHECKLIST Please ensure that the below listed documents are included with your Proposal:

Contractor Safety Qualification Form and associated documentation (NOTE: Please ensure your response to this Section is submitted in a bound package separate

from that of the main submission.)

Signature of authorized personnel on Form of Proposal All addenda (if applicable) are signed and included inside front cover of documents Statements A-D completed Project Delivery Proposal

REQUIREMENTS AT OR AFTER AWARD CHECKLIST Should you be the successful Proponent, please ensure that the below listed documents can be submitted at or after award of contract: Listing of Hazardous Materials to be Brought On-Site Applicable MSDS Sheets




2.0 CONTRACTOR SAFETY QUALIFICATION

Peterborough Utilities Group (PUG) wishes to emphasize to all subcontractors the importance of maintaining Health & Safety work practices while working in conjunction with us. All work is to conform to the Occupational Health & Safety Act & Regulations and any other applicable legislation or regulations. In order to achieve this goal, all contractors must complete the Contractor Safety Qualification in its entirety. Contractors will be evaluated on the information requested in this questionnaire and supporting safety documents submitted.

Contractor Firm Legal Name:

Address:

Phone No: ( ) Fax No: ( )

Type of Work: Nature of Business:

Corporate Officer Responsible for Safety:

Number of Employees:

1) SAFETY DOCUMENT CHECKLIST Signed and Dated Company Safety Policy Attached? Yes No

Copy of Written Safety Manual / Documents Attached? Yes No

Proof of Insurance (As per “Appendix A”) Attached? Yes No

WSIB Clearance Certificate Attached? Yes No

WSIB Injury Summary Report

NOTE: A Workplace Injury Summary Report, otherwise known as (eWISR) can be obtained one of two ways: 1. Call WSIB at 1-800-387-0750 and request a copy. 2. Create an online WSIB eServices Account for eWISR and

download one at www.wsib.on.ca

Attached? Yes No

Violence and Harassment Policy Attached? Yes No


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



2) SAFETY PROGRAM YES NO N/A Does your company have a written safety manual? (If yes, attach a copy containing the following if applicable)

a) Health & Safety Policy Statement

b) Violence & Harassment Policy

c) WHMIS Policy / Program

d) Safety Rules / Enforcement Procedures

e) Fall Protection Policy / Program

f) Management, Supervisor & Worker Responsibilities

g) Injury Treatment Procedures – Medical Aid / First Aid

h) Use of Personal Protective Equipment

i) Orientation Policy / Program

j) Trenching / Excavation Procedures

k) Electrical Safety & Lockout / Tagout

l) Confined Space Entry Procedures

m) Welding / Burning Permit Procedures (hot work)

n) Arc Flash Procedures

o) Incident Reporting and Investigation Procedures

p) Diving Operations

q) Hazard Assessment

r) Daily Tailboard / Safety Meetings

Other:

Other:

3) SAFETY PROFESSIONALS & REPRESENTATIVES

Highest ranking safety professional in your organization: Name: Title:

Number of full or part time safety professionals employed by your company?

Titles:

Number of WSIB certified members employed by your company?




4) SAFETY ASSOCIATION MEMBER YES NO Are you a member of a recognized Safety Association?

Electrical Contractors Association of Ontario (ECAO)?

Infrastructure Health and Safety Association (IHSA)?

Workplace Safety North (WSN)?

Workplace Safety and Prevention Services (WSPS)?

WSIB Safety Groups?

Other? Please State:

5) SAFETY PERFORMANCE RECORD

a) Number of Lost Time Injuries in the last (4) years:

b) Number of lost workdays, due to workplace injury or accident, in the past four (4) years:

c) Number of reported workplace injuries and accidents in past four (4) years:

d) Number of stop work orders issued by the MOL in the past four (4) years:

(If yes, provide a brief explanation including resolution for compliance.)

Attach details if applicable.

e) Number of charges under the Occupational Health & Safety Act or Regulations in the past four (4) years:

(If yes, provide a brief explanation including current status and resolution.)

Attach details if applicable.

6) SAFETY MEETING YES NO FREQUENCY

Do you have a JHSC Committee? N/A

Do you hold regular Joint Health & Safety Committee Meetings? What is the meeting frequency?

Do you conduct daily tailboard / safety talk / meetings? N/A

Do you conduct weekly safety talks / meetings? N/A

Do you conduct monthly safety talks / meetings? N/A

Do you conduct quarterly safety talks / meetings? N/A




7) JOB SITE SAFETY INSPECTIONS YES NO FREQUENCY

Do you conduct job site safety inspections?

Who conducts these inspections? Name(s): Title(s):

8) REPORTING REQUIREMENTS Who conducts accident investigations? Name(s):

Title(s):

Who reviews accident and investigation reports as well as corrective actions?

Name(s): Title(s):

Who is accountable for safety on the job site? Name(s): Title(s):

9) TRAINING RECORDS Contractor to attach a sample of training records for (1) or (2) employees in accordance with the below-listed Work Activity Chart entitled “Appendix B”. This list is not to be taken as an all-inclusive of training required. The Contractor is responsible to ensure all labour is properly trained for the work being undertaken and considering the local site environment. Proponent should provide any additional training records required for this work but not listed in “Appendix B”.

Attached? Yes No

10) ADDITIONAL INFORMATION Please feel free to attach any other programs, activities or information that you believe demonstrates or promotes your Company in performing work safely and in accordance with all Provincial Health & Safety requirements.

Attached? Yes No




APPENDIX A – CERTIFICATE OF INSURANCE

• Proof of Insurance that includes Peterborough Utilities Services Inc, Peterborough Distribution Inc., City of Peterborough, Peterborough Utilities Commission and Peterborough Utilities Inc. as additional insured.

• Have a limit of liability of not less than five million ($5,000,000) general liability, two

million ($2,000,000) automobile, one million ($1,000,000) professional liability (for design or engineering services), inclusive for any one (1) occurrence.




APPENDIX B – WORK ACTIVITY CHART NOTE 1: Contractor to attach a sample of training records for (1) or (2) employees in

accordance with the following Work Activity Chart.

NOTE 2: In lieu of a Supervisor Competency Certificate, a signed statement on company letterhead by a Senior Official stating that supervisors are competent as defined in OHSA is acceptable.

NOTE 3: This list is not to be taken as an all-inclusive of training required. The Contractor is responsible to ensure all labour is properly trained for the work being undertaken and considering the local site environment. Proponent should provide any additional training records required for this work but not listed in “Appendix B - Work Activity Chart”.

WORK ACTIVITY

RECORD OF TRAINING Civil Work

WHMIS

Supervisor Competency




3.0 SCOPE SUMMARY

3.01 OVERVIEW

The Riverview Park and Zoo is looking at options for the supply and installation of a permanent shade shelter to suit existing benches at the splash pad, while providing a beautiful and aesthetically pleasing design element. The shelter design should be such that sunshade/UV protection will be provided for the majority of the benches during operating hours. Proponents work should include all necessary civil work/excavation, installation of foundations, structural work and restoration as required.

While the Park and Zoo intends to implement the project fully, the work may be completed in stages to meet budget limitations. The Proponent is to provide unit pricing for the proposed shelter.

3.02 INTENT OF PROPOSAL

The intent of this document is to procure for Peterborough Utilities Services Inc. (PUSI), on behalf of the Peterborough Utilities Commission (PUC), the goods and services indicated in accordance with the minimum specifications outlined herein.




4.0 INSTRUCTIONS TO PROPONENTS

4.01 DEFINITION OF TERMS

PUSI ................................................................ Peterborough Utilities Services Inc. PUC ................................................................. Peterborough Utilities Commission City ........................................................................................ City of Peterborough Contractor/Constructor/Seller ...... The Company to whom the contract is awarded Owner .............................................................. Peterborough Utilities Commission Proponent ......................... The Company responding to the Request for Proposal RFP ....................................................................................... Request for Proposal

4.02 CLOSING DATE AND TIME

Proposals on our form, in sealed envelopes and clearly marked “Proposal Request #2017-09 – Splash Pad Shade Shelter(s)” will be received by Peterborough Utilities Services Inc., Attn: Jim Ayrheart, Purchasing and Materials Manager, 1867 Ashburnham Drive, PO Box 4125, Stn Main, Peterborough, Ontario K9L 1P8, until no later than 2:00:00 p.m., Local Time, Wednesday, March 15, 2017.

PLEASE NOTE - Proposals received after the closing time WILL NOT BE ACCEPTED.

It is in the Proponent’s best interest that they deliver their Proposal to Peterborough Utilities Services Inc. well in advance of the closing time and date.

4.03 SITE MEETING

A site meeting for prospective Proponents will be held on Wednesday, March 8, 2017 at 10:30 a.m. at the Riverview Park and Zoo Guest Services Building located just inside the main gates at 1300 Water Street North, Peterborough, Ontario. Site meeting will be conducted by Jim Moloney, Manager and Curator, Peterborough Utilities Services Inc. NOTE: This meeting is NOT mandatory, but interested Proponents are encouraged to attend as minutes from the meeting shall not be provided.

4.04 PROPONENTS TO INVESTIGATE

Proponents must satisfy themselves by personal examination and investigation of the proposed work and by such other means, as to actual conditions and requirements of the work. Proponents are not to claim at any time after submission of their Proposals that there was any misunderstanding of the terms and conditions of the proposed work.




4.05 QUESTIONS / DISCREPANCIES / CLARIFICATIONS

Proponents with questions related to this proposal, finding errors in, or omissions from the drawings or documents, or having any doubt as to the meaning or intent of any part of the proposal, must submit ALL enquiries through Trina O’Brien, Purchasing Assistant, by email ([email protected]) or by fax (705-748-4358), providing reference to the applicable Section(s) and Item number(s), prior to 4:00:00 p.m., Local Time, Friday, March 10, 2017. This will allow staff time to respond or to prepare and distribute an addendum as necessary, and to allow time for Proponents to receive and process the new information. Questions received after this date and time will not be addressed. During the proposal period, no officer, agent, or employee of Peterborough Utilities Services Inc. is authorized to alter orally any portions of these documents. Any alterations required will be issued to all Proponents as written addenda. Addenda shall be considered as an integral part of the contract documents. The Proponent shall list in its proposal all addenda that were considered when its proposal was prepared. Proponents are advised that oral information provided to any Proponent will not be binding on the Owner. There will be no consideration of any claim after submission of the proposal, that there is a misunderstanding with respect to the conditions imposed by the proposal. Nothing in the proposal is intended to relieve the Proponent from forming their own opinions and consideration with respect to the matters addressed in the proposal. PUSI and the PUC shall not be held liable for any errors or omissions in any part of this proposal.

4.06 ADDENDA

It may be necessary for a variety of reasons to issue addenda that may include, but not be limited to:

a) Correction to or clarification of the Proposal; b) Extension of the Proposal Closing; c) Retraction or cancellation of the Proposal; or d) Response or clarification to Proponent’s questions.

All Proponents must register with Trina O’Brien at [email protected] providing company and contact information, including mailing and email addresses, phone and fax numbers, in order to be advised of addenda, if issued, or further information, and to be placed on the Distribution List.






All addenda issued via email or fax to registered Proponents will request that the recipient confirm receipt of the most recent addendum. Addenda will be emailed or faxed to the latest contact information, as provided by the Proponent. It is the Proponent’s responsibility to notify Trina O’Brien at Peterborough Utilities Services Inc. of any change to their contact information. Although PUSI will make every reasonable effort to ensure a Proponent receives all addenda issued, it is the Proponent’s ultimate responsibility to ensure all addenda have been received and taken into consideration prior to submitting a final Proposal.

4.07 ADJUSTMENTS TO PROPOSALS

Adjustment requests received by telephone, email, mail or fax shall not be considered.

4.07.01 Request To Adjust A Proposal Prior To Closing

A Proponent who has already submitted a Proposal may make a request to adjust their Proposal before the closing time. In order to make the adjustment, the already submitted Proposal may:

a) Be returned to the Proponent for adjustment and re-submission before the closing time; or

b) Be superseded by the Proponent making another submission before the closing time.

The Proposal contained in the envelope bearing the latest date and time stamp shall be considered the intended Proposal and any others shall be considered withdrawn and will be returned to the Proponent.

4.07.02 Request To Withdraw a Proposal Prior To Closing

A Proponent who has already submitted a Proposal may request that their Proposal be withdrawn prior to the closing time. The request must be provided in writing, on Company letterhead and include contact information for verification. Authenticity of the request may be confirmed by PUSI. Proposals withdrawn under this procedure cannot be reinstated.

4.08 PROPOSED COMPETITIVE BIDDING SCHEDULE

PUSI will make every attempt to meet dates indicated below, however PUSI reserves the right at its sole discretion to alter or change any of the dates for any




reason. PUSI will notify Proponents of changes in writing at the address indicated in the Proponent’s completed submission.

Release of Proposal ................................................... Monday, February 27, 2017 Site Meeting ............................................................... Wednesday, March 8, 2017 Clarification Deadline......................................................... Friday, March 10, 2017 Closing Date .............................................................. Wednesday, March15, 2017 Proposed Award Date .............................................. Wednesday, March 29, 2017

4.09 ALLOCATION OF RISK

PUSI shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent prior, or subsequent to, or by reason of the acceptance, or the non-acceptance, by the agency of any Proponent document, or by reason of any delay in its acceptance.

4.10 GENDER NEUTRAL

Wherever the singular or masculine is used in this document it shall be considered as if the plural or feminine also has been used where the context of the document so indicates.

4.11 FORMAT OF SUBMISSION

One (1) hard copy of the response to the Proposal Request shall be provided. The copy is to be bound with a cover that clearly identifies the responding firm, and contain a Table of Contents to facilitate cross-reference of the information contained in the Proposal to the requirements of the Proposal Request. Please also include one (1) electronic version of the response in PDF format on a USB drive. Note that this electronic version may include in a separate file the Safety Policies, Safety Manual, Insurance Form, WSIB Documentation, etc. as requested in the Contractor Safety Qualification section above. (NOTE: In the case of a discrepancy between any information contained in the

hard copy submission and the electronic version, the hard copy will take precedence.)

4.11.01 Separate Packages

A completed and signed Form of Tender, as shown in Section 7.0 – Form of Proposal, is to be included in a separate, sealed envelope from that of the main submission. Please ensure that the Contractor Safety Qualification form and associated documentation (i.e. Safety Policy, Safety Manual, Insurance Form, WSIB Documentation, etc.) are also submitted in a separate, bound package.




4.12 INTERVIEWS

Proponent interviews will be undertaken only at the invitation of the Evaluation Committee. All, some, or none of the Proponents submitting Proposals may be requested to attend interviews. The objective of the interviews is to provide selected Proponents with an opportunity to make a presentation of their Proposal and for the Evaluation Committee to seek any clarifications. Information obtained from the interviews and reference checks may be used to supplement, or amend, the previous evaluation scores. The Peterborough Utilities Commission reserves the right to contact references not submitted with each Proponent's Proposal.

4.13 FORM OF PROPOSAL

Price(s) submitted on the enclosed Form of Proposal are to be in Canadian Funds, and shall include all applicable excise taxes, currency exchange, delivery charges, tariffs and duties and any other charges as may be applicable. Proposals offered will be considered by PUSI as being firm and irrevocable and not subject to any price escalation clause, and open for acceptance for sixty (60) days after the closing of this Proposal.

4.14 PRICING

Pricing as provided by the successful Proponent in Section 7.0 – Form of Proposal shall remain firm fixed for not less than one (1) year from Contract commencement date.

4.15 SALES TAX

All pricing to be shown exclusive of the HST.

4.16 ABILITY AND EXPERIENCE OF PROPONENT

It is not the intent of the PUC to award this contract to any Proponent who does not furnish satisfactory evidence that he has the ability and experience in this class of work, and that he has sufficient capital and plant to enable him to prosecute and complete the same successfully and to complete it in the time stated in the Form of Proposal.

The PUC may make such investigation as it deems necessary to determine the ability of the Proponent to perform the work, and the Proponent shall furnish the PUC all such information and data it may request for this purpose. The PUC reserves the right to reject any bid, if the evidence submitted by, or investigation of such Proponent fails to satisfy the PUC that such Proponent is properly qualified to carry out the obligations of the contract and complete the work as contemplated therein.




In order to aid the PUC in determining the responsibility of each Proponent, the Proponent shall complete the following Statement Sheets which are bound, herein:

STATEMENT "A" Contractor’s Reference Schedule: Stating the Proponent's experience in similar work, which has been successfully completed.

STATEMENT "B" Safety Standards Established by Law and By Industry: Stating all applicable safety standards that will be required and adhered to when performing the work as described in this Proposal.

STATEMENT "C" Contractor’s Committed Supervisory Staff: Stating all names and experience of the Supervisory Personnel to be employed on this contract. Note that the personnel indicated cannot be substituted at any time during the contract period without the prior consent of the Owner. STATEMENT "D" Contractor’s Staffing: Stating all skilled staff / key administrative staff to be employed on this contract.




5.0 GENERAL TERMS AND CONDITIONS

5.01 RIGHT TO CLARIFY

PUSI reserves the right in its sole discretion to clarify any submission after the closing date by seeking and / or acquiring additional information from one or all bidders without obligation to clarify or obtain additional information from any or all other bidders. However, bidders are advised that any clarifications sought or obtained will not be an opportunity to correct errors or alter their bids in any significant way.

5.02 NEGOTIATION

In the event that a favourable Proposal does not exactly meet with the PUC requirements, the PUC reserves the right to enter into negotiations pre-award with the Proponent of Choice to arrive at a mutually satisfactory arrangement with respect to any modifications including, but not limited to; scope of work, total cost, delivery schedule or any other significant element of the Proposal. The PUC may terminate negotiations if, in our sole opinion, we believe we cannot achieve a negotiated agreement that is in the best interest of the PUC. No Proponent shall have rights against the PUC arising from such negotiations or termination thereof.

5.03 AWARD

The PUC reserves the right to award to the Proponent who offers the best value to the PUC and the PUC is not bound to award to the lowest priced bid. The PUC further reserves the right in its sole discretion to cancel the competition, in whole or in part, without any award, for any reason, at any time. Thereafter, the PUC may, in its sole discretion, re-bid, sole source or do nothing further.

5.04 EVALUATION

The bid evaluation process provides a fair and transparent means by which the PUC will determine the most cost effective compliant bid submitted. The criteria and weighting schemes will vary based on the particular product or service being sought. An Evaluation Committee will analyze and assess bid submissions in accordance with weighted evaluation criteria as indicated below.




5.04.01 Evaluation Scoring

Total evaluation scoring will be based on a scale of 1 - 100 (1 being the lowest score and 100 being the highest score) which will be applied to each Proponents submission based on a consensus reached by the Committee. The weighting factor for each criterion will be applied to the individual scores and a per criteria final score will be determined. All final criteria scoring will be totaled and an overall Proponent score will be determined. The PUC reserves the option to break down scoring criteria into sub categories. This may result in a division of the total weighting applied to the scoring criteria. Decision of the PUC is final. This decision is not subject to appeal or protest. Upon the PUC formally accepting the successful Proponents’ submission, a contract may be confirmed, in the form of a confirmation Purchase Order or by the PUC’s endorsement of a negotiated document (in accordance with our Terms & Conditions and Specifications) from the recommended Proponents firm.

5.04.02 Bid Analysis

Bid analysis and assessment will be performed by the Evaluation Committee utilizing the following means but not limited to:

• Evidence / Data / Information provided by Proponent in bid submission • Pricing Information/Data supplied by Proponent • References / Past performance obtained both internally as well as externally • Presentation analysis - Post closing • Or by any other means as deemed necessary by the PUC

5.04.03 Evaluation Committee

The Evaluation Committee may consist of:

• Individual(s) from the End User department • Individual(s) from the Purchasing department • Other Stakeholders • 3rd Party Consultants




Proposals will be evaluated, at the sole discretion of the PUC, on the following criteria:

Scoring Criteria Detail Weighting

Competitive Pricing • As per Section 7.0 – Form of Proposal. 40%

Safety • Proponent shall complete the Safety

Qualification Form supplied and provide appropriate documentation.

15%

Design Appeal

• Shade constructed to block 98.8% of harmful UV sun rays with a recyclable, tear resistant material that will not rot, crack or fade.

• Frame with excellent outdoor durability that is fade resistant, able to withstand harsh environments and resistant to rust.

• Bench shaded by proposed shelter. • Does not adversely impact accessibility to the

play/splash area.

15%

Reputation / Reference

• Proponent shall provide details of similar projects recently completed along with references.

15%

Warranty • Proponent to provide manufacturer warranty

details for UV degradation for the shade and resistance to rust for the shelter as well as installation warranty details as applicable

10%

Delivery • Proponent shall provide details of installation

and delivery schedule with confirmation of having the work completed no later than May 12, 2017

5%

5.05 ACCEPTANCE / REJECTION OF PROPOSAL

The PUC may, at its sole discretion, accept or reject any or all responses to this Proposal request, and reserves the right to accept any Proposal which it deems to be advantageous, regardless of the price(s) contained in that Proposal. Should the PUC receive only one (1) Proposal for goods / services that have a known multiple-source potential, the PUC reserves the right to recall or cancel the competitive bid process. Revised Proposals will not be called for, if only minor changes are contemplated. The lowest or any Proposal will not necessarily be accepted.

5.06 BID COMPLIANCE

Bids which fail to conform to the requirements of the Request for Proposal in form or content may be disqualified as non-compliant, in the PUC’s sole discretion.




However, the PUC may, in its sole discretion, retain, for consideration and possible award, bids which do not conform to the requirements of the Request for Proposal in form or content where such bids appear to offer the best value to the PUSI despite the non-conformance of the bid. Proponents are cautioned that retention of non-conforming bids for evaluation and possible award will be solely in PUSI’s discretion. The PUC may, at its sole discretion, waive formalities that are non fundamental to the competitive bidding process. PROPONENTS ARE URGED TO ENSURE THEIR BID IS FULLY COMPLIANT WITH ALL REQUIREMENTS OF THE REQUEST FOR PROPOSAL.

5.07 DURATION OF CONTRACT

Start date to be any time after award of contract, with a completion date of no later than May 12, 2017.

5.08 CHANGES TO WORK WHEN CONTRACT UNDERWAY

The Contractor shall take note that he shall, when required by the Owner’s Representative to make changes, furnish a complete breakdown of any costs he submits for consideration due to changes to the work when the contract is underway. All costs incurred due to additions or changes must be prior approved in writing by the Owner’s Representative.

5.09 OWNER'S RIGHT TO TERMINATE CONTRACT

If the Contractor is in default in carrying out its obligations under the contract, the PUC may, without prejudice, upon written notice to the Contractor, terminate the PUC’s obligations under the contract. If the contract is so terminated, the Contractor shall forthwith leave the site. The PUC shall be obliged to pay only for work SATISFACTORILY completed through the date of termination. The decision of the PUC’s Owner’s Representative as to the amount of such sum shall be final.

5.10 INDEPENDENT CONTRACTOR (Nature of Relationship)

At all times when performing work under this contract, the Contractor shall perform as an Independent Contractor and nothing shall be construed as constituting any relationship with the Owner, other than that of Owner and Independent Contractor. Not withstanding, the contract documents shall not be construed to create any contractual relationship between the Owner and a subcontractor, other supplier, or any of their respective agents or employee, or any other person performing the work and it is acknowledged that the Constructor is the constructor, as defined by the province’s Occupational Health & Safety Act.




The Constructor shall be solely and exclusively responsible for controlling the workplace or work site and shall take all steps to effectively direct and supervise the work in order to ensure conformity with all applicable occupational health and safety legislative requirements, applicable regulations, and applicable industry standards and guidelines pertaining to the work performed under this contract. The Constructor shall be solely responsible for the means, methods, techniques, sequences and procedures and for coordinating the work performed under this contract by its own employees and the employees of any subcontractor. The Constructor shall be solely responsible for ensuring that all employees of the Constructor and any subcontractor are informed of all known or foreseeable health or safety hazards at the work location pertaining to the work performed under this contract. The Constructor shall be solely and exclusively responsible for selection of subcontractors, ensuring that any subcontractors are qualified to perform the work, and ensuring that all employees of the subcontractor are trained in applicable occupational health and safety legislative requirements, applicable regulations, any and all applicable industry standards and guidelines pertaining to the work, and any and all policies and procedures of the Constructor or the subcontractor which pertain to the work. The Constructor shall comply with and enforce compliance by employees with safety requirements of contract documents, applicable federal, provincial, territorial and local statutes, regulations, and ordinances, and with the site-specific Health and Safety Plan.

5.11 INSURANCE

The Contractor shall procure and maintain Comprehensive General Liability Insurance in accordance with this section. The Contractor shall file a Certificate of Liability Insurance with the Owner’s Representative clearly stating that the Comprehensive General Liability Insurance complies with all the requirements of this contract. Insurance shall be obtained from a company satisfactory to the Peterborough Utilities Commission. (Note: The Certificate of Insurance satisfactory to the Peterborough Utilities Commission is included with these specifications.)

The successful Proponent's policies of insurance shall cover himself and his subcontractors and shall add the Peterborough Utilities Commission, Peterborough Utilities Services Inc. and The Corporation of the City of Peterborough as additional insured. All insurance shall remain in effect for periods indicated in the contract.

The Comprehensive General Liability Insurance shall:

(1) have a limit of liability of not less than $5,000,000 inclusive for any one

occurrence.




(2) be Comprehensive General Liability Insurance covering all operations and

liability assumed under the contract with Peterborough Utilities Services Inc. (PUSI) and the Peterborough Utilities Commission (PUC). The Comprehensive General Liability Insurance shall include premises and operations liability, Contractor's contingency liability with respect to the operations of subcontractors, completed operations liability and automobile liability (owned, non-owned or hired units).

(3) cover the use of explosives prior to such use when the work involves such

use. The Contractor shall be solely responsible for all damage, loss or costs resulting directly or indirectly from such use. The Contractor shall indemnify and save harmless the Peterborough Utilities Commission from and against all claims, demands, loss, damage and cost resulting directly or indirectly from such use.

(4) include insurance against liability for bodily injury and property damage

caused by vehicles owned by the Contractor and used on the work and, in addition, injury and property damage caused by vehicles not owned by the Contractor and used on the work. Each such insurance shall have a limit of liability of not less than $2,000,000 inclusive for any one occurrence. A "vehicle" shall be as defined in the Highway Traffic Act.

(5) be endorsed to provide that the policy or policies will not be altered,

cancelled or allowed to lapse without thirty (30) days prior written notice to the Peterborough Utilities Commission.

(6) It is understood and agreed that Peterborough Utilities Services Inc., the

Peterborough Utilities Commission and The Corporation of the City of Peterborough, including its officers and employees, while performing their duties on behalf of the Peterborough Utilities Commission is an additional insured under the above-mentioned policies.

5.11.01 Professional Liability Insurance

The Insurance Coverage shall be in the amount of $1,000,000.00. When requested, the Seller shall provide to the Client satisfaction proof of Professional Liability Insurance carried by the Seller and in accordance with the Professional Engineers Act (1990) or the Architects Act (1990), as amended

All premiums and expense incurred with this insurance shall be paid for by the Seller.

5.11.02 Proof of Insurance

The Seller shall provide, with their Proposal, a Certificate of Insurance(s) which provides proof of coverage as outlined in Sections 5.11 and 5.11.01. In the event




that satisfactory proof of insurance cannot be provided, a letter from the Seller’s insurance company confirming that the Seller will be able to obtain the required insurance prior to the commencement of the Work will suffice. For purposes of the competitive bid, PUG companies do not yet need to be added as additional insured under the policy.

5.11.03 Certificate(s) of Insurance

Within ten (10) working days of notification of award of this competitive bid, and prior to the start of any Work, or, on the placement, renewal, amendment, or extension of all or any part of the insurance, or, annually for the duration of the Contract, the successful Seller shall file with the Peterborough Utilities Commission, Peterborough Utilities Services Inc. and The Corporation of the City of Peterborough, a Certificate of Insurance meeting the requirements of Sections 5.11 and 5.11.01 with the appropriate PUG companies listed as additional insured. A certified true copy(s) of the policy(s) certified by an authorized representative of the insurer, together with copies of any amending endorsements may be requested.

5.12 CONTRACTOR'S LIABILITY - INDEMNIFICATION

Seller agrees to defend and indemnify Peterborough Utilities Services Inc. (PUSI), Peterborough Distribution Inc. (PDI), the Peterborough Utilities Commission (PUC), Peterborough Utilities Inc. (PUI) and The Corporation of the City of Peterborough hereinafter caller the Owner for bodily injury or physical property damage ("Loss") sustained by Owner and by third parties claiming against Owner arising in connection with the goods provided by Seller hereunder or the Work performed by Seller hereunder, but only to the extent such Loss has been caused by the negligence, willful misconduct or other legal fault ("Fault") of Seller. Owner shall be entitled to control the defense and resolution of such claim, provided that the Owner shall be entitled to be represented in the matter by counsel of its choosing at Owners sole expense. Where such Loss results from the Fault of both Seller and Owner or a third party, then Seller's defense and indemnity obligation shall be limited to the proportion of the Loss that Seller's Fault bears to total Fault.

5.13 CONSTRUCTION LIEN ACT

The successful Bidder agrees to comply with the provisions of the Construction Lien Act, including, but not limited to, ensuring that holdbacks are retained in accordance with Part IV of the Act, with respect to the supply of goods and services. The release of a holdback is contingent upon the successful Bidder satisfying the requirements contained within Part V of the Construction Lien Act, including the requirement to publish a copy of the certificate, or declaration of substantial performance, in a construction trade newspaper having general circulation in the Province of Ontario. The successful Bidder shall forthwith provide the Peterborough Utilities Group with a copy of the advertisement. The Peterborough Utilities Group is not responsible for any costs associated with the successful Bidder meeting their statutory or contractual obligations. The 45-day period under the Construction Lien




Act starts to run on the date the publication required by paragraph 5 of Section 32(1) appears. If any lien is preserved, or written notice of lien is given, pursuant to the Construction Lien Act, for the supply of goods and services in connection with the Work, the successful Bidder forthwith shall give written notice to the Peterborough Utilities Group of such documents, process or claim. The successful Bidder shall indemnify, defend and save the Peterborough Utilities Group harmless from and against any and all claims, actions, demands made against the Peterborough Utilities Group in connection with the Construction Lien Act and all costs incurred by the Peterborough Utilities Group as a result thereof. In the event that any action, cause of action, claim or other legal document or process or other alleged claim is commenced against or imposed upon the Peterborough Utilities Group, the Peterborough Utilities Group shall, within a reasonable time, give notice to the successful Bidder of such document, process or claim. Upon receipt of such notice from the Peterborough Utilities Group, the successful Bidder, at their own expense and to the satisfaction of the Peterborough Utilities Group, shall appeal, contest, defend or settle such legal document, process or claim on behalf of the Peterborough Utilities Group and reasonably notify the Peterborough Utilities Group on a periodic basis of the progress of the matter. The successful Bidder acknowledges and agrees that the Peterborough Utilities Group reserves the right to elect at any time to conduct its own appeal, contestation, and defence or settlement negotiations at the successful Bidder’s expense, after giving notice of same to the successful Bidder. If any lien is preserved, or written notice of lien is given, pursuant to the Construction Lien Act, for the supply of goods/services in connection with the Work, the successful Bidder shall be considered to be in default of their obligations contained herein until such time as each Claim for Lien, together with any associated Certificate of Action, is discharged or vacated, or written notice is received that such lien is withdrawn or a Court declaration is obtained that the written notice of lien is no longer binding or that the related lien has expired. The successful Bidder acknowledges and agrees that no reduction in financial security shall be considered if the successful Bidder is in default with any provision of this RFP, or any Contract flowing out of the awarding of the RFP.

5.14 WORKPLACE SAFETY & INSURANCE BOARD

The Contractor shall, at all times, pay or cause to be paid, any assessment or compensation required to be paid pursuant to the Workplace Safety and Insurance Act. The Contractor shall, at the time of entering into a contract with the Peterborough Utilities Commission, provide the Owner’s Representative satisfactory proof that all assessments or compensation payable to the Workplace Safety & Insurance Board have been paid and the Peterborough Utilities Commission may, at




any time during the performance or upon the completion of such contract require a further declaration that such assessments or compensations have been paid.

A Certificate of Clearance shall be submitted with your invoice(s) after completion and acceptance of the job. If the Contractor will be unable to produce a Certificate of Clearance as required because it claims it is an INDEPENDENT OPERATOR, with no insurable workers and is otherwise unable to obtain a clearance, it shall submit to the Owner written confirmation from the Workplace Safety & Insurance Board of its status as an INDEPENDENT OPERATOR for the contract, within five (5) business days of receipt by the Contractor of the award letter or purchase order. Failure to do so will be considered breach of contract.

5.15 WORKPLACE SAFETY & INSURANCE BOARD COVERAGE

The Contractor clearly understands and agrees that they are not, nor is anyone hired by the Contractor, covered by the Peterborough Utilities Commission under the Workplace Safety & Insurance Board Act, The Unemployment Act, or any other Act, whether Provincial or Federal, in respect of the Proponent, their employees and operations, and shall upon request furnish the Peterborough Utilities Commission with such satisfactory evidence that he has complied with the provisions of any such acts.

If the Contractor fails to do so, the Peterborough Utilities Commission shall have the right to withhold payment of such sum or sums of money due to him that would be sufficient to cover his default and the Peterborough Utilities Commission shall have the right to pay same. Information on coverage under the Workplace Safety & Insurance Board Act can be obtained directly from the Workplace Safety & Insurance Board. The Peterborough Utilities Commission is not to be deemed the employer of the supplier or their personnel under any circumstances whatsoever.

5.16 PROTECTION OF WORK AND PROPERTY

The Contractor shall at his own expense provide adequate cover up protection so that the surrounding area is not damaged in any way. The Contractor shall be fully responsible for ALL accidents arising by reason of execution or non-execution, or non-repairs of the said works, or by reason of any failure to comply with the requirements of this clause and shall fully indemnify the Peterborough Utilities Commission in respect thereof. The Contractor will agree to take full responsibility for any Health and Safety violations as well as the cost to defend such charges as a result of any violation.




5.17 DISPOSAL OF SURPLUS OR UNSUITABLE MATERIAL

Materials that are either unsuitable or surplus to the requirements of the contract, and are to be disposed of, shall be disposed of outside the right-of-way in waste disposal areas arranged for by the Contractor. Disposal shall be carried out in an environmentally acceptable manner, and shall avoid any environmentally sensitive areas. For disposal sites off the contract site, written permission from the Owner of the property upon which there is to be disposal, shall be obtained and filed with THE PUC prior to any disposal and shall save the PUC harmless from all claims that may arise from such disposal. Should the property be Crown Land, such permission shall be obtained from the Ministry of Natural Resources.

5.18 SAFETY

The Contractor must comply with ALL Safety Standards established by law and with Safety Standards established by Industry Associations where applicable. Breach of this condition will be a fundamental breach of contract. Please specify and include with your Proposal all applicable safety standards related to this type of work.

5.19 COMPANY HEALTH AND SAFETY POLICY

Since safety on the job is of prime concern to the Peterborough Utilities Commission, the Proponent is required to submit a copy of the firm's Health and Safety Policy and Safety Programs with the Proposal, including all relevant Drug, Alcohol and Smoking Policies. This shall be considered as part of the evaluation of the Proposal.

5.20 OCCUPATIONAL HEALTH & SAFETY ACT

The Contractor shall comply with all provisions, guidelines and regulations of the Occupational Health & Safety Act and amendments thereto, and any other Federal or Provincial Statute or local by-laws concerning safety or any other phase of his work on this contract or any other contract with the Peterborough Utilities Commission

In order to avoid any misunderstanding as to the nature of the work to be performed herein, the Contractor, by executing this contract unequivocally acknowledges that they are the "Constructor" within the meaning of The Occupational Health and Safety Act, Latest Edition.

The Contractor (constructor) shall file Notice of Project when applicable with the Ontario Labour Ministry before commencement of any work regarding completion of same.




5.21 LOSS AND DAMAGE

The Peterborough Utilities Commission will not, in any manner, be answerable or accountable for any loss or damage or otherwise that shall or may happen to the said work, or any parts thereof respectively, or for any of the materials or other things used and employed in finishing and completing the work or for any injuries to any person or persons, either workmen to the public, or for any damages to adjoining property against all which injuries and damages to persons or property the Contractor will properly guard and make good all damage which may arise or be occasioned by any cause connected with this contract, or the work done by the Contractor and will indemnify and keep indemnified the said the Peterborough Utilities Commission against the same until the completion of all the work.

5.22 SAFETY PRECAUTIONS

The Contractor shall see that all necessary safety equipment for the protection of workmen employed on the work is provided.

The Contractor shall conduct the work at all times with the safety of employees on the job and the safety of the public in mind. All work shall be done in accordance with recognized safe working practices and government requirements applying to the work.

The Contractor shall comply with the provisions of the Occupational Health and Safety Act. The Contractor's employees shall wear the required personal protective equipment whenever the work is on or near the travelled portion of the roadway.

Care and precaution shall be maintained around the site, in order to prevent direct access to the work in progress by the public, in general, and children in particular.

5.23 SITE ACCESS – OWNER REPRESENTATIVES

Although the PUC shall not be in control of the work site and work performed thereon, the PUC and authorized representatives shall have access to the work site at all times for the purposes of inspecting the work site to determine compliance with the terms of this contract. It is understood and agreed that despite such access by the PUC to the work site, no representative of the PUC is performing a supervisory or inspection function with respect to health or safety requirements at the work site, or controlling the work at the work site.

5.24 SITE SPECIFIC HEALTH AND SAFETY PLAN

The Contractor shall develop a site specific Health and Safety Plan (“the Plan”) that identifies hazards, controls and emergency procedures. The Plan shall also include report requirements that identify the submission of a monthly report that will be provided to PUSI and the PUC at regular intervals. PUSI and the PUC reserve the right to review and require changes to the Plan post award.




5.25 WORKMANSHIP

Work shall be carried out in accordance with the best standard practice by persons TRAINED AND SKILLED in the type of work concerned.

Job measurements shall be taken for the proper execution and completion of the work and the Contractor shall assume complete responsibility for the accuracy and completeness of the work therein. The whole work shall be complete to the entire satisfaction of the Owner’s Representative.

5.26 WARRANTY OF WORK

The Contractor warrants that the supply of Services will be free of all defects, deficiencies and flawed material arising from unsatisfactory manufacturing, construction and material installation or workmanship for a period of twelve (12) months from the date of approved final completion. If, in the sole opinion of the PUC, defects, deficiencies or issues develop during the warranty period, the Contractor shall immediately correct, replace or re-perform the Services at no cost to the PUC. If the Contractor fails to respond or correct, replace or re-perform the Services within the time specified by the PUC, the PUC may correct, replace or re-perform the Services and, any damage arising from it, by whatsoever means it chooses and all costs associated, shall be paid by the Contractor.

The Contractor further warrants that any Services which it has corrected, replaced or re-performed shall be free of any defects, deficiencies or problems arising from faulty manufacturing, construction, material installation or workmanship for a further period of twelve (12) months from the date of completion of the required correction replacement or re-performance.

5.27 CLEANING UP

The Contractor shall leave the site of the work in a clean, tidy condition, completely free of any debris that may have accumulated from his activities. The Contractor shall promptly, once the work is complete, pick up the materials and equipment, etc. to avoid undue risk to the public and customers.

5.28 ACCEPTANCE AND CORRECTION OF DEFECTS

No part of the work will be accepted until the PUC is satisfied that it fully complies with the true meaning and intent of the specifications. Such acceptance, however, shall not impair any claim that the PUC may have for the correction of defective work.




The Contractor shall guarantee all work for a period of one (1) year following completion of a section. Any imperfections shall be made good at no cost to the PUC.

5.29 SUB-LETTING

The Contractor shall keep the work under his personal control, and shall not assign, transfer or sublet any portion without first obtaining the written consent of the Owner’s Representative. The consent of the Owner’s Representative to any such assignment, transfer or sub-letting, shall not, however, relieve the Contractor of any responsibility for the proper commencement, execution and completion of the work according to the terms of the contract, and the Contractor shall, either in person or through an accredited agent, receive all notices, communications, orders, instructions, or legal service, as if he were performing the work with his own plant and his own men.

5.30 COLLUSION

The Proponent declares that this response is not made in conspiracy with any other Proponent bidding for the same products / services and is without collusion or fraud.

5.31 VERBAL ARRANGEMENTS

In all cases of misunderstandings and disputes, verbal arrangements will not be considered, but the Contractor must produce written authority in support of his contentions, and shall advance no claim in the absence of such written authority or use, or attempt to use, any conversation with any parties against PUSI or the PUC, or in prosecuting any claim against PUSI or the PUC.

5.32 PAYMENT / APPROVAL OF WORK

In accordance with the Payment Schedule, the Proponent shall invoice PUSI for performance of the Services, with documentation satisfactory to PUSI. If PUSI approves of the Services which are the subject of the invoice, PUSI shall pay the Proponent the amount of the approved invoice or part thereof thirty (30) days following the date of PUSI’s approval. If PUSI does not approve of the Services, or part of them, which are the subject of the invoice, PUSI shall advise the Proponent in writing of the reasons for non-approval and the Proponent shall remedy the problem at no additional cost to PUSI before PUSI shall be obliged to pay the invoice, or any part of it, as the case may be. PUSI shall pay only such expenses as are described in the Form of Proposal and which are accompanied by sufficient and substantiated documentation acceptable to PUSI.




5.33 MINOR CHANGES

The PUC reserves the right to negotiate minor changes or variations to this Proposal with the successful Proponent without recalling the Proposal.

5.34 LAWS AND REGULATIONS

The Owner shall comply with relevant federal, provincial and municipal statutes, regulations and by-laws pertaining to the Work and its performance. The Owner shall be responsible for ensuring similar compliance by its suppliers and subcontractors. The Contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. If any provision of the Contract or agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and the right and obligations of the parties will be construed and enforced as if the contract did not contain the particular provision held to be invalid.

5.35 CONTRACTOR PERFORMANCE EVALUATION

The Contractor shall be evaluated on a regular basis, at the sole discretion of the Owner’s Representative, for aspects related to safety, public relations, efficiency and quality. All evaluations shall be shared by the PUC with the Contractor in order to identify areas for improvement and to ensure that positive change takes place. Upon final completion, a final evaluation shall be completed, which will assist the PUC in determining whether the Contractor should be considered for other work of similar nature.

5.36 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)

All proposal submissions, documentation and information provided to PUSI and the PUC by Proponents in connection with, or arising from the Proposal Submission and/or subsequent Contract shall become the property of PUSI and the PUC, and as such are subject to requests under the Municipal Freedom of Information and Protection of Privacy Act. Accordingly, Proponents are requested to identify any information in their Proposal submission that, if disclosed, could cause them injury. PUSI and the PUC will make every effort to maintain the confidentiality of such information, but Proponents must be aware that the information may become public through a request for information under the Act. PUSI and the PUC shall not be liable if any such confidential information becomes public or is disclosed. Proponents may not identify their entire Proposal submissions as “Confidential”. Such a notation may be considered as grounds for disqualification.




5.37 LIST OF HAZARDOUS MATERIALS TO BE BROUGHT ON SITE BY

CONTRACTORS

Constructor will provide a hazardous material inventory list of materials that will be brought on site by Constructor or the Constructor’s sub contractors.

5.38 MATERIAL SAFETY DATA SHEETS (MSDS)

Prior to Hazardous Materials being brought onto the PUC’s site the Constructor will provide the PUC’s Project Manager with a copy of the material MSDS. The PUC may in its sole discretion ban certain products from site use and or request Constructor to provide explanation for use.

5.39 DRAWINGS

Where supplemental drawings are provided, they shall be considered to form part of the specifications to the Contract. Although all reasonable efforts will be made to ensure the drawings are accurate, the PUC does not guarantee that drawings contain all necessary information required, or that the drawings are 100% accurate.

5.40 CSA APPROVAL

All electrically powered tools, equipment, components and/or supplies to be used by the Constructor or sub contractor during the construction phase must be fully CSA approved.

5.41 NON-RESIDENT CONTRACTOR

Parties bidding on this Contract must be bona-fide residents of Canada who are Canadian citizens or landed immigrants. If the Contractor is non-resident in Ontario, they shall immediately after being notified by the PUC that the Agreement has been executed by the PUC, obtain from the Canada Revenue Agency a certificate showing that the Contractor has registered with the Canada Revenue Agency and shall submit such certificate to the PUC, if applicable, at the same time that they furnish the Performance Bond.

The PUC may withhold the issuance of the instruction to commence work to a non-resident contractor if the required certificate has not been furnished.

If the Contractor is non-resident in Ontario, they shall not commence work or order any materials or equipment for the Contract until they have furnished to the PUC the required certificate.




The Contractor shall ensure that all subcontractors whom they propose to use for carrying out any of the work required by the contract, and who are non-resident in Ontario, have registered with and have complied with the requirements of the Canada Revenue Agency, before they commence any such work.




6.0 SPECIFICATIONS

6.01 SCOPE OF WORK

6.01.01 Construction

Shelters are to be constructed of heavy duty materials and finishes that are suitable for to the local outdoor environment. All exposed metal surfaces shall be powder and epoxy primer painted for outdoor durability and fade resistance. Where used, shade fabrics shall be heavy duty, professional grade architectural shade fabric, UV stabilized, tear resistant, shrinkage limited and flame retardant. The proposed foundations and structural elements shall be designed and constructed to withstand severe weather and temperatures without degradation or damage. Shelters must comply with the requirements of CAN Z614-14 Children's Playspaces and Equipment, Section 15.15 Roofs or Shade Elements

6.01.02 Design

Shelters shall be designed to be aesthetically pleasing with complimentary colours and finishes to the current play area while maximizing the area of shade provided.

6.01.03 Ease of Use and Maintenance

Shelters shall be designed so any available adjustments or positioning are easily implemented and accessible to our guests. Shelters shall be designed so that any required maintenance activities are convenient and not labour intensive.

6.01.04 Installation

All components are to be installed according to manufacturer’s recommendations and all applicable standards and regulations. Work is to be performed in a manner that will protect and maintain existing play area, splash pad components and resilient rubber surface.




6.01.05 Cleanup

Upon completion of each section of the work, the Contractor shall clean up the area of all debris, excess fill material, etc. and shall scrape and broom all sidewalks and paved surfaces to the satisfaction of PUC Staff. The Splash Pad area is to be cleaned out and restored to its original condition.

6.01.06 Restoration

Proponents shall carry out complete restoration of all areas impacted by the work. The Proponent is responsible for excess excavation materials in accordance with Ministry of Environment requirements. Any concrete or asphalt removed shall be replaced with equivalent materials and finishes.




7.0 FORM OF PROPOSAL

I/We (Company)

the undersigned having carefully examined the terms, conditions, specifications and Request for Proposal form hereby propose and offer to enter into a contract to furnish, deliver and place the labour and materials on the terms and conditions of the aforementioned documents and to accept in full payment therefore the sums calculated in accordance with the actual proposed prices.

FIXED FEE SUMMARY

ITEM DESCRIPTION LUMP SUM (excluding HST)

1 Mobilization for installation of one (1) or more shelters $

2 Supply and installation of single shelter unit including any necessary restoration $

Company Name Mailing Address Typed/ Printed Name and Title Signature of Authorized Official Date WSIB Account No. Phone No. Fax No. Email Address Website Address




8.0 PROJECT DELIVERY PROPOSAL

Proponents shall submit their approach and methodology to managing the project. Proponents shall also submit details of opportunities where they may provide value-added services, including project cost improvement benefits, as part of its delivery of services.




9.0 STATEMENTS

STATEMENT “A” - CONTRACTORS' REFERENCE SCHEDULE

It is the Peterborough Utilities Commission's intention to deal with only competent QUALIFIED Independent Contractors skilled in the type of work concerned. The Contractor shall list below the names of Companies where work of a similar nature and quantity has been performed by his Company within the last two (2) years. A minimum of three (3) references are required. The Peterborough Utilities Commission's Owner’s Representative reserves the right to visit your field operations, audit your work procedures, work performance, equipment and safety awareness to ensure that your Company and staff is qualified to perform the required work. The Peterborough Utilities Commission's Owner’s Representative may disqualify at no cost to the Peterborough Utilities Commission any bid if in his opinion the Proponent is not qualified in carrying out the requirements of this Proposal.

YEAR DESCRIPTION OF WORK OWNER CONTRACT

VALUE OWNER’S PROJECT

SUPERVISOR




STATEMENT “B” - SAFETY STANDARDS ESTABLISHED BY LAW & BY INDUSTRY

Please list all applicable Safety Standards that will be required and adhered to when performing work as described in this Proposal. 1. 2. 3. Have there been any charges laid under the Ontario Health and Safety Act in the past three (3) years?

Please specify: YES NO




STATEMENT “C” - CONTRACTOR’S SUPERVISORY STAFF

The Contractor shall list below the names and experience of the supervisory personnel to be employed on this contract.

NAME CLASSIFICATION QUALIFICATIONS & EXPERIENCE




STATEMENT “D” - CONTRACTOR’S STAFFING

The Contractor shall complete the list below of skilled staff / key administrative staff to be employed on this contract.

POSITION TITLE BRIEF POSITION DESCRIPTION NO. OF FULL TIME

EMPLOYEES IN THIS POSITION
