request for proposal - belleville · this park is located at the corner of bell boulevard and north...

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REQUEST FOR

TENDERS

CITY OF

BELLEVILLE

TENDER CONTACT:

Larry Glover, Manager of Parks, Environmental & Operational Services Dept. 259 North Park St. Belleville, ON K8N 2Z2

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

ENVIRONMENTAL & OPERATIONAL

SERVICES DEPARTMENT

REQUEST FOR TENDER FOR LANDSCAPING

At MEMORIAL PARK,

TRIBUTE GARDEN, BELLEVILLE, ONTARIO

CONTRACT NO.

PRKS-2015-06

DATE OF ISSUE

Monday, August 31, 2015

SUBMISSION DATE

Monday, September 14, 2015 @ 1:00 p.m., local time.

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

Attn: Ms. Christine Fradley, Purchasing Supervisor Tel (613) 968-6481 – 3301/3203 Fax (613) 967-3206 Email [email protected]

mailto:[email protected]


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REQUEST FOR TENDERS FOR LANDSCAPING MEMORIAL PARK TRIBUTE GARDEN, BELLEVILLE, ONTARIO

CONTRACT NO. PRKS-2015-06

TABLE OF CONTENTS

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

1.0 GENERAL DESCRIPTION: .............................................................................................. 4 2.0 PROJECT SCOPE: .......................................................................................................... 5 3.0 SPECIFIC CONDITIONS: ................................................................................................ 5 4.0 STANDARDIZED BID SUBMISSION FORM .................................................................... 6 5.0 TENDER PRICING ........................................................................................................ 18 6.0 INFORMATION AND INSTRUCTIONS .......................................................................... 20 7.0 PROPONENTS RESPONSIBILITIES………………………………………………………..24 8.0 GENERAL CONDITIONS……………………………………………………………………..27 9.0 SPECIFICATIONS……………………………………………………………………………..28 AGREEMENT TO BOND……………………………………………………………………………… PERFORMANCE BOND……………………………………………………………………………….. LABOUR AND MATERIAL PAYMENT BOND………………………………………………………. AGREEMENT…………………………………………………………………………………………… DESCRIPTION OF WORK…………………………………………………………………………….. SUBMISSION LABEL…………………………………………………………………………………... APPENDIX A – HEALTH AND SAFETY ....................................................................................... APPENDIX B - LANDSCAPE DRAWING PACKAGE ATTACHED SEPARATELY

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CITY OF BELLEVILLE

INFORMATION TO BIDDERS – KEY DATA SHEET

REQUEST FOR TENDER FOR

LANDSCAPING AT MEMORIAL PARK TRIBUTE GARDEN


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

Scope of Work: For landscaping at Kinsmen Park Playground

Closing Date: Monday, September 14, 2015 @ 1:00 p.m., local time.

Contract Completion Date: Job to be completed by: Wednesday November 30, 2015

Site Visit Date: Wednesday, September 9, 2015. 10:00 a.m.

Bids to be delivered to:

Christine Fradley Purchasing Supervisor City Hall, 169 Front Street, 1st Floor Belleville, Ontario, Canada K8N 2Y8 Tel. No. (613) 967-3200 ext. 3301 Email: [email protected]

Faxed or electronically sent bids will NOT be accepted.

Inquiries:

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

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

MOE Approvals: N/A

Bonding:

Agreement to Bond. Mandatory Requirement

with Bid submission

100% Performance Bond.

50% Labour & Material Payment Bond.

Mandatory Requirement from the successful bidder

after award.

Bid Deposit:

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

Mandatory Requirement with the Bid Submission




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CITY OF BELLEVILLE

REQUEST FOR TENDERS FOR


BELLEVILLE, ONTARIO

1.0 GENERAL DESCRIPTION:

1.1 Purpose:

City of Belleville (The “City”) proposes to engage the services of an experienced and qualified company to complete landscaping at the Tribute Garden located in Memorial Park, in Belleville. The work shall include the demolition and removal of existing pavers, benches and overhead structures. Ensure that the existing sundial and all existing tribute plaques on benches and paving are carefully removed and stored for reinstallation prior to removal. Existing plant material will be removed by City forces. Landscape activities include the construction of a new pergola structure, interlock pavers, bed preparation, sodding, relocation of electrical and lighting services, and installation of irrigation. This park is located at the corner of Bell Boulevard and North Park Street, Belleville, Ontario. The objective of this Request for Tender (RFT) is to provide the City with qualified proponents capable of carrying out the work herein defined. The subsequent Proponent submissions will form the basis for evaluation and selection.

1.2 Submissions

The Tender must be made in the form of a signed Tender package. There shall be one (1) Tender package marked original and two (2) Tender packages marked complete copy. Tender packages shall be delivered in a sealed envelope, with the proponent’s company name Tender Number clearly stated and addressed as stated herein. Each Tender package shall include:

1. A fully completed and signed Standardized Bid Tender Submission Form. 2. 3 References for previously completed work of similar value and complexity 3. All required bonds, Health and Safety information and all other required documentation

1.4 Key Dates

1. RFT Issued Monday August 31st , 2015

2. Site meeting Wednesday, September 9th 2015. 10:00 a.m.

3. Enquiries received up to September 4th, 4:30 p.m. EST

4. Closing date for submission of Tenders

Monday, September 14th 2015

5. Evaluation/Award September 28th, 2015

6. Landscape construction September 30th – November 30th, 2015

The successful bidder will be required to submit a Work Plan and Schedule within 1 week of Award, to confirm

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that the above key dates and substantial completion can be met. 1.5 City Representatives/Project Co-coordinator

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

2.0 PROJECT SCOPE:

2.1 Background:

Memorial Park is home to the City of Belleville Garden Club supported project known as the Tribute Garden. This area has been deteriorating over the past few years and is scheduled for landscape renewal and upgrade in 2015. The area is at the forefront of the new Bell Boulevard extension and forms part of the high profile gateway into Belleville. The Tribute Garden is partially funded by the Garden Club of Belleville and the Tribute Garden area has been designed in cooperation with them.

2.2 Construction Time-Line:

Complete installation will occur between September 30th, 2015 and November 30th

2015.

The successful bidder will be required to submit a Work Plan and Schedule within 1 week of Award, to confirm that the above key dates and substantial completion can be met.

3.0 SPECIFIC CONDITIONS:

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

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

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

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

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

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

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

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

all equipment during construction until granting of substantial performance.

3.9 While the drawing package is provided, the city makes no claim as to accuracy of this

drawing. All site dimensions are the responsibility of the Bidder.

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

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

stakes shall conform to the OPSS applicable sections and City of Belleville

standards.

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

claim for damages or resulting extra work due to site conditions will be accepted by

The City of Belleville.

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

4.0 STANDARDIZED TENDER BID SUBMISSION FORM

Item Description Unit Quantity Unit price Subtotal

1 Site Preparation & Earthwork LS 1

2 Granular B Base Cu. m 105 3 Drainage & Conduits LS 1

4 Poured Concrete Pads and slab Footings Cu. m 8

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5 Precast Paving Sq. m 105

6 Crushed Granite Paving Sq. m 75

7 Crushed Limestone Paving Sq. m 120

8 Planting Bed Preparation Sq. m 210

9 Topsoil & Fine Grading Sq. m 900

10 Sod Sq. m 900

11 Tree Planting Each 10

12 Miscellaneous Servicing LS 1

SUBTOTAL CORE ITEMS

HST

TOTAL CORE ITEMS

PROVISIONAL ITEMS A Crushed Granite Apron Area LS 1

THIS RFT IS SUBMITTED BY (NAME OF COMPANY)

SIGNATURE OF PERSON AUTHORIZED TO BIND

DATE

END OF SUBMISSION FORM

5.0 TENDER PRICING

CITY OF BELLEVILLE


LANDSCAPING AT MEMORIAL PARK, TRIBUTE GARDEN


TENDER PRICING ___________________________________________________________________________________________

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Total Cost: $_________________

Harmonized Sales Tax: $_________________

TOTAL AMOUNT: $_________________

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

Submitted to: The Corporation of the City of Belleville.

NAME OF COMPANY: ____________________________________________________________ ADDRESS: _____________________________________________________________________ CITY: _______________________PROVINCE:___________POSTAL CODE________________ NAME OF SIGNING OFFICER: _____________________________________________________ TITLE: _________________________________________________________________________ AUTHORIZED SIGNATURE: _______________________________________________________ TELEPHONE: _______________________________ FAX: ______________________________ EMAIL ADDRESS: _______________________________________________________________ H.S.T. Registration No.:___________________________________________________________ Person signing must be authorized to sign on behalf of the company/Individual represented, and to bind the Company/Individual to statements made in response to this contract.

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CITY OF BELLEVILLE




TENDER PRICING

____________________________________________________________________________

__

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

THE COMPLETION DATE FOR THIS WORK IS

WEDNESDAY, NOVEMBER 30TH, 2015 UNLESS SPECIFIED OTHERWISE

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6.0 INFORMATION AND INSTRUCTIONS

6.1 PURPOSE:

This Request for Tender states the instruction for submitting Tenders and the procedure by which Bidder will be selected.

6.2 DEFINITIONS:

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

6.3 ISSUING OFFICE:

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

6.4 CLOSING DATE AND TIME:

Tenders, signed by the Bidder’s authorized representative and enclosed in the envelope provided for the purpose, must be received by the Issuing Office, not later than 1:00 p.m., local time, on Monday, September 14, 2015. The City of Belleville will not accept the submission of any Tenders after the closing date and time.

6.5 TENDER SUBMISSION:

There shall be one (1) Tender package marked original and two (2) Tender packages marked complete copy. Tender packages shall be delivered in a sealed envelope, with the Bidder’s company name, Tender Number clearly stated on the submission label provided with this document. Faxed or electronic replies will not be accepted. Bidders may not make modifications to their Tenders after the closing date and time except as may be allowed by the City. Bidder is responsible to obtain all permits. The City may reproduce any of the Bidder’s Tenders and supporting documents for internal use. The City will not be obligated in any way by the Bidder’s Tender. The City will not return any of the Bidder’s Tenders or supporting documents to the Bidder.


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6.6 COSTS:

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

6.7 IRREVOCABLE OFFER:

Tenders submitted to the City shall constitute a valid and irrevocable offer which is open for acceptance by the City from and after submission until the expiration of the 90th day following the Closing Date of Monday, September 14th 2015.

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

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6.8 INQUIRIES AND CHANGES:

Any inquiries regarding the Tender should be directed to:

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


6.9 SITE MEETING: Wednesday September 9th, 10:00 a.m.

Contacts:

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


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

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

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

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

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

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

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





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6.10 SELECTION PROCESS:

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

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

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

6.11 BASIS OF SELECTION:

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

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

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

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

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

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

relationships with the City. g. The Bidder's references from institutions which are comparable to the City.

6.12 EVALUATION OF TENDERS

The evaluation of the Tenders will be conducted by the City’s Project Team and shall involve an evaluation of all of the Tenders by the Bidder. These may include the relative experience, qualifications and success in providing similar work of the Bidder, the quality of the Tender, both from a technical and financial aspect, any special contractual terms in the Tender, the Bidder’s understanding of the RFT process, the proposed implementation and time frame, the Bidder’s technical expertise, references supplied and the financial Tender.

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6.13 INDEMNIFICATION

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

6.14 RFT OVERRIDES STANDARD TERMS AND CONDITIONS

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

6.15 BIDDER'S STATEMENT OF UNDERSTANDING

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

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

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

6.16 PROOF OF ABILITY/PRIOR EXPERIENCE/REFERENCES

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

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The Bidder should supply three references with contact information for projects of comparable value and complexity.

6.17 PRICING REQUIREMENT

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

6.18 TERMS OF PAYMENT

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

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

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

6.19 DELIVERY

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

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

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6.20 PATENTS AND COPYRIGHTS

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

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

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

6.21 ASSIGNMENT

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

6.22 OCCUPATIONAL HEALTH AND SAFETY ACT (OHSA) REQUIREMENTS:

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

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

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

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

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

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

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

written authorization of the City of Belleville.

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

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

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

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

6.23 LIMITATION OF LIABILITY

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

Each Bidder, by submitting a Tender, agrees that:

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

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

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

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

In the event that the City shall be in default under this RFT or the Agreement, or shall be negligent in the performance of its duties under this RFT or the Agreement, or shall be in default



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of any legal, contractual or statutory obligation to the Bidders, then in no event shall there be any liability to the City, its member municipalities, employees, officers, directors, advisors or representatives in excess of the actual out-of-pocket costs incurred by the Bidder in preparing the Tender of such Bidder and no claim shall be made if not made within six (6) months after the date of receipt of all of the Tenders and opening of the Tenders. Award of this contract is subject to appropriate funding acceptable to the City being available and received by the City. The placing in the mail to the address given in his/her submission or delivery of a notice of award to a Bidder shall constitute notice of acceptance of contract. This acceptance shall be conditional on the Bidder providing all documentation, insurance, bonding, security and certifications as required by the RFT within ten (10) working days of the date that the notice of award is placed in the mail or delivered to the bidder. The Bidder shall forthwith, within ten (10) working days of receipt thereof, execute the Agreement in the form prepared by the City and incorporating the terms and conditions of this RFT and such other terms and conditions as the City shall reasonably require.

6.24 CONTRACT CANCELLATION

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

The City may:

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

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

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

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

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

other rights or remedies the City may have.

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

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

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

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

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

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or portions of the work. 6.25 AVAILABILITY OF LABOUR AND ESCALATION

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

6.26 CORRECTION OF DEFECTS

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

6. 27 TAX ISSUES

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

6.28 LOBBYING

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

Lobbying may include any activity that the City, in its sole discretion, determines has or may give an unfair advantage to one Bidder relative to other Bidders. Without limiting the foregoing, lobbying may include: a. Verbal or written communication with or to any City staff other than those identified as

contacts in this RFT. b. Verbal or written communication with or to any City Council member or the members of

Council of its member municipalities. c. Verbal or written communication with or to the Member of Parliament, Members of Provincial

Parliament or any related government ministries. d. Verbal or written communication with or to any staff of the Premier’s Office, Cabinet Office or

any other member of Cabinet or equivalent federal counterpart. e. Verbal or written communication with or to any expert or other advisor assisting the

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

Committee. g. Direct or indirect requests by the Bidder to any person, organization or group to provide a

written or verbal expression of support not required by this competitive bidding process to any member of the Evaluation and Selection Team or Council.

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

6.29 ENVIRONMENTAL

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

6.30 CONFLICT OF INTEREST NO USE OR INCLUSION OF RESTRICTED PARTIES

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

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

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

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

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

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

6.31 CONTRACT PROVISIONS BY REFERENCE

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

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

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6.32 ADDENDA

a) Questions during Bidding (deadline for questions). Should Bidders have any questions or need further clarification, he/she should contact the City’s representative named in this document. Questions will only be received until 1:00 p.m. on Friday, September 4th to enable the City to prepare an addendum (if any). Questions received after this time may not be acknowledged nor answered. Also a copy of all questions must be emailed to: Purchasing Services – Email address: [email protected]

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

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

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

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

Purchasing Supervisor or her designate, to all Contractors registered on the distribution list.

f) Addendum sent by fax is accompanied by a “Verification of Receipt” document to be

returned promptly by fax to the Purchasing Supervisor. This is for the Contractors’ protection.

g) All Contractors must acknowledge addendum by attaching a signed copy of this

addendum to their respective bid documents. Failure to do so may result in rejection of the bid.

h) The City may, at any time, make and stipulate changes to this Request for Tenders. i) The City may provide additional information, clarification or modification by written

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

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

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

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

registered as a bid taker.


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6.33 GREEN POLICY

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

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

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

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

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

6.34 PURCHASING BY-LAW

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

7.0 BIDDER’S RESPONSIBILITIES:

7.1 INSURANCE:

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

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

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

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

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accidental benefits insurance and covered licensed vehicles owned or operated by or on behalf of the Bidder;

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

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

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

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

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

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

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

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

7.2 WORKPLACE SAFETY AND INSURANCE BOARD

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

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

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

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

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

f) The Contractor clearly understands and agrees that they are not, nor is anyone hired by them, covered by the City under the Workplace Safety Insurance Act, Employment Insurance Act, or any other act whether provincial or federal in respect of themselves,

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

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their employees and operations, and shall, upon request, furnish the City with satisfactory evidence that they have complied with the provisions of any such Acts.

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

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

7.3 THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, AODA 2005

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

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

c) Accessibility_standards_for_customer_service.2009.12.11.pdf

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

7.4 BID DEPOSIT:

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

b. Bid deposits of unsuccessful Bidders will be returned within ten (10) days after the contract has been awarded. The second lowest Bidder’s bid deposit will be released when the Acceptance Agreement is fully executed. The bid deposit of the successful Bidder will be retained for a period of twelve (12) months from the completion date of the project to the satisfaction of the City of Belleville.

7.5. BONDING

This RFT involves construction, therefore, the Contractor shall supply a labour and materials

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

bond in the amount of one hundred (100%) percent of the construction contract price and

otherwise on terms and conditions acceptable to the City which shall name the City.

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

Contract), commitment letter from a surety or bonding company or acceptable alternative,

conforming the availability to the Contractor and the City of such bonding.

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

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7.6 FREEDOM OF INFORMATION:

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

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

7.7 COMPLIANCE WITH LAWS:

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

8.0 GENERAL CONDITIONS

8.1 TAXES:

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

8.2 WITHDRAWAL PROCEDURE:

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

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

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

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

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

same contract provided it is submitted prior to closing date and time.

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f. Withdrawal requests received after the Tender closing will not be allowed. 8.3 lowest or any Tender will not necessarily be accepted and the City of Belleville reserves the right

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

8.4 Bidders must complete all parts of the Tender in accordance with the Tender documents as

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

8.5 EXAMINATION OF BID DOCUMENT INCLUDING SCOPE OF WORK:

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

8.6 SUB-CONTRACTING:

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

8.7 DELIVERY:

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

8.8 FACSIMILE/ELECTRONIC BIDS:

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

8.9 TENDER PRICES:

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

shall govern.

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

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

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

8.11 The Bidder warrants that the services supplied to the City of Belleville conform in all respects to

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

8.12 No Bidder is relieved from completing the contract merely because detailed conditions and

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

8.13 Tenders having any erasures or corrections shall be initialed by the Bidder in ink. All Tenders shall be typewritten or filled in with pen and ink and bids shall be signed in ink.

8.14 The failure of either party at any time to require performance by the other party of any provision

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

8.15 The submission of a Tender shall be deemed proof that the Bidder has satisfied himself/herself as to all the provisions of the Tender, all the conditions which may be encountered, what goods and services he/she will be required to supply, or any other matter which may enter into the carrying out of the supply of goods and services referred to in the Tender; and no claims will be entertained by the City of Belleville based on the assertion by the Bidder that he/she was uninformed as to any of the requirements of the Tender.

8.16 In case of default of the Bidder, the City of Belleville reserves the right to procure the goods and

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

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

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

9.0 SPECIFICATIONS

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Tender Item 1 Site Preparation and Earthwork SP-1 Work under this item shall include all the equipment, labour and materials to carry out the site preparation, excavation, filling and grading required to allow for the placement and completion of subsequent work.

The Contractor shall review all plans and details related to the project and notify the LA of any discrepancies.

The Contractor shall supply and install temporary modular 1.8 m high steel fencing, ‘Moduloc’, or approved equal, to secure the construction site approximately 5 meters outside the proposed limit of work as per the Plans and to the approval of the Owner.

Establish accurate lines and levels as required and establish permanent reference lines and bench marks. Refer to Sheet L1 for Existing Conditions and .1 meter contours, site benchmark, and the layout grid/axis. LA to assist with and confirm initial layout procedure.

The Contractor shall provide a temporary, self-contained, portable toilet for the duration of the construction, complete with service agreement. Structure to be located and secured within the required construction fencing.

Excavate the existing plants as directed by small bucket or backhoe and transfer to a designated lawn area just outside the limit of work as identified by the LA. Place plants with attached soil ball on a tarp in groupings for subsequent care by city staff. Plants are to be re-used by the Owner/Belleville Garden Club. Assume 10 large hosta plants, 6 (1.0 m ht) spirea, 2 (2m ht) yews.

Excavate the garden bed soil in the existing planting beds and salvage for re-use as topsoil within the project. Ensure full removal of all soft soil material from the planting beds down to undisturbed subsoil. Compact the excavations sides and bottom using a vertical impact packer (jumping jack) or boom mounted hydraulic packer to achieve full compaction for the subsoil. See Item 2, Granular B Base for replacement material and method.

Fill and pack all approved excavated areas in a prompt manner to avoid saturation of open excavations.

In areas of new hard construction and proposed fill/topsoil placement, strip the existing sod to a depth of 35 mm (max) with bucket or sod cutter and dispose of sod off site. Alternately, work the surface with a Harley Rake or other approved mechanical means to pulverize the existing sod uniformly in to the upper 100mm of topsoil. Assume a least two slow passes at right angles to sufficiently pulverize the sod into the topsoil to make a homogeneous mixture.

Excavate to remove the topsoil (topsoil sod mix) from areas designated for granular placement as per plans and sections, accounting for the side slopes of the granulars. Estimated topsoil thickness to be stripped for this project to be 150mm depth as per Point 8, Section A, Sheet L5.

Stockpile existing salvaged topsoil for re-use within the project. Do not export topsoil off site without prior approval from LA or Owner.

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Complete all necessary rough grading and filling where required to establish the sub-grade over all areas to the extent, elevations and depth required for completion of the work.

Establish smoothly rounded grades at the top and toe of slopes and banks and berms.

Fill material shall meet the Provincial Soil quality standards as outlined in the Soil, Ground Water and Standards for Use Under Part XV.1 of the Environmental Protection Act. The fill materials are to be clean, sandy fill, free of topsoil and organic matter and debris and shall be approved by the LA prior to placing.

Do not grade when soil is wet or frozen.

Supply and spread approved fill materials to raise existing grades to the specified sub-grade level as shown on the drawings for new finish elevations.

Place fill in loose layers, not exceeding 200mm in depth and compact each layer to a minimum dry density of ninety-five percent (95%) of the maximum Standard Proctor Density, before placing subsequent landscape treatment.

All materials and workmanship shall be subject to test and inspection by a testing and inspection company appointed by the Owner.

All placing and compaction procedures will be subject to the approval of the LA.

Compaction tests may be performed on behalf of the Owner to satisfaction of the LA.

The surface shall be shaped at all times to ensure adequate surface runoff and prevent ponding and scouring.

Maintain erosion controls as required and as directed to protect inlet structures until sod has been installed

Payment for this item shall be by lump sum for all labour, equipment and materials to complete the work to the satisfaction of the Owner. Tender Item 2 Granular B Base SP-2

Work under this item shall include all the equipment, labour and materials to install a packed Granular B base for subsequent Granular A placement below concrete paving slabs, pavers, and granular surfaces.

Obtain approval from LA for all exposed and compacted subsoil prior to placing Granular B.

Ensure all drainage lines and/or conduits are in place and well packed and protected where they pass under Granular B fill areas.

Place Granular B in Max. 200mm lifts and compact with appropriate vibrating roller or heavy

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place compactor to achieve a consistent compaction rate of 98% SPD

Compaction tests may be ordered by the LA and performed on behalf of the Owner with payment by the Owner. Tests shall be arranged in an expedient manner so as not to delay subsequent work.

The surface of the Granular B layer will be at or about the 100.00 site elevation level resulting in a general Granular B layer between 300mm and 500mm in depth from the compacted subgrade up to the Granular A level. Deeper fills of Granular B will occur where existing planting beds have been removed and have been accounted for in the estimated quantities. Depths will be reduced below the pathways where they approach existing grades, as per the sections.

The Granular B base surface shall be domed slightly to reflect the general slope for the finished surface, allowing for a default +/-200mm Granular A layer for subsequent paving types as per sections and details. Note that the Granular A component is to be included with designated paving types and concrete slabs etc.

Acceptable Granular B material shall be crushed limestone 75mm (3”) minus from a licensed aggregate facility.

The Contractor shall record the weigh bills for all granular material brought to the site. When the amounts placed and packed , approach half of the anticipated total the LA must be notified.

Bidders to assume a default amount of 105 cu. metres placed and compacted Granular B. Payment for this item shall be by cubic meters of Granular B and include all labour, equipment and materials to complete the work to the satisfaction of the Owner. Tender Item 3 Drainage SP-3 Work under this item shall include all materials, labour and equipment to install a subsurface drainage system and dry well as per plans and details. Drainage component to include:

Drain lines to be perforated 150mm PVC flexible drainage tile complete with factory applied fabric sock such as Big O or approved equal.

All fittings and couplings to be manufactured items compatible with the drainage tiles. Cutting one tile into another is unacceptable.

Shape and grade bottom of drainage trench without dips or humps to provide continuous positive drainage at gradients indicated on L3, towards the dry well structure included in this item, Detail 7, Sheet L6.

Install geotextile where indicated in the drawings and details. Geotextile to be non-woven Terafix 270R-A light duty or approved equal. Overlap all seams and edges min. 300mm

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Place and firm thin bedding of 19mm dia. clear drainage stone and place pipe to correct gradients. Obtain approval prior to covering.

Backfill on side and top of drainage lines with clear drainage stone to levels and profiles as per the drawings and details and as directed. Assume a rate of drainage stone placement over the pipe at .25 cu. Meters per linear meter of pipe.

Wrap and secure geotextile to completely encase stone layer.

Ensure that drainage stone layer does not become contaminated with earth or debris prior to placing geotextile.

Note the requirement for 1m x 1m x .5m deep clear stone inlets at the top end of the runs. See Detail 8, Sheet L6

Backfill with compacted soil or granulars as appropriate for designated surface finish.

Bidders to assume 100 lin. metres of drainage line as described and as per Sheet L3. Allow in price to extend granular and pipe to surface in six locations as directed to create 300mm dia. ‘inlets’, included in estimated quantities.

Included in this item is the construction of a dry well as per Detail 7, Sheet L6. Payment for this item shall be by Lump sum for all labour, equipment and materials to complete the work to the satisfaction of the Owner. Tender Item 4 Poured concrete pads and slab footings SP-4

The work included under this item consists of the construction of miscellaneous concrete pads and slab footings including, Granular A placement and compaction, forming, supplying coloured concrete, reinforcing, pouring, finishing and curing concrete, tooling and saw cutting indicated patterns, expansion joints, removing forms and surplus material. Reference shall be made to OPSS 351, OPSS.PROV1350, and OPSD 310.010.

The concrete aggregate shall be obtained from a Ministry of Transportation of Ontario approved commercial aggregate source with a petro graphic number of 110 maximum. All concrete shall contain 6% air produced by adding an air entraining agent which meets the requirements of the Ontario Provincial Standard Specifications Form 1303 (Material Specifications for Air Entraining and Chemical Admixtures for Portland Cement Concrete).

All work shall be completed in accordance with Form 353 with the exception that all concrete shall attain a minimum compressive strength at 28 days of 30 MPa.

All concrete for this project shall be coloured using an approved buff or tan pigment, thoroughly incorporated throughout during the concrete mixing process and according to manufacturer’s instructions.

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The contractor will require approval from the Landscape Architect for all granulars, formwork and reinforcing and expansion joints prior to pouring the concrete.

The concrete shall be placed to a minimum thickness of 150 mm and thicker (300 mm) as detailed for four outer pads, and the finish shall be a light broom finish applied as directed by the L.A., prior to edging.

All top edges shall be eased 5mm using a 75mm wide edger run in straight lines along edges of the slabs and pads after the final finish, as detailed.

Contractor to provide protection for the finished concrete as necessary including tarping as protection from rain, insulation, and supplementary heat as required to achieve the full required compressive strength of 30 mpa at 28 days after placement.

The Contractor shall be responsible for taking minimum of one pair of samples (2 cylinders) of concrete for each truckload delivered to the site. These shall be submitted to the L.A. along with a copy of the truck delivery sheet noting the concrete specs. Subsequent testing, if any, shall be by the Owner at their option and expense. This requirement for testing shall apply to all concrete work within the contract.

Payment for this item shall be by Cubic meter for all labour, equipment and materials to complete

the concrete work to the satisfaction of the Owner

Tender Item 5 Precast paving SP-5

Work under this tender item to include the supply and installation on new precast pavers by Unilock or

approved equivalent.

MATERIALS

Precast Paving Stones & Edge Restraint:

For the areas of the central court and the four “spoke” walkways the pavers as per L2 shall be

Beacon Hill Flagstone by Unilock using the large rectangle, square, and small rectangles in an

approved ashlar type pattern. Colour to be Almond Grove, subject to final approval by the

Owner. The required, installed, total area for this pattern is 61.5 sq. m. Note that the central

area is set at 45 degrees orientation to the same paving pattern in the “spokes”.

For the perimeter edging, the pavers shall be an alternating linear run of the Beacon Hill

square and small rectangle stones placed to form 36 cm wide arcs and straight runs as

indicated on plan L2 and as detailed. The required, installed, total area for the edging is

estimated at 105 lin meters or 38.0 sq. m. Cutting will not be required for each stone to

create the arc.

For the accent strip running along the outer edges of the flagstone pattern, adjacent to the

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perimeter edging and/or the poured concrete pads, the pavers shall be Copthorne by Unilock .

Colour to be Burgundy Red, subject to final approval by the Owner. To be laid in a single brick

width running pattern with the corners mitred at changes in direction. The required, installed,

total area for the accent strip is 80 linear metres x 6.5 cm width of these narrow pavers for an

area of 5.5 sq. m.

The contractor shall install a commercial grade PVC or aluminum edger for the paver edging

strip wherever it abuts planting beds or sod areas. This edge restraint shall be pre-approved by

the LA, including the method of attachment into the Granular A Base.

Granulars:

Note that the Granular B base below the Granular A and paving shall be placed compacted and

paid for under Tender Item 2

For the precast paver areas noted above, the contractor shall place and compact a min.

200mm thick layer of crushed limestone, Granular A -5/8” minus on top of the approved

Granular B base.

Contractor to place and pack crushed granular “A” to required levels to achieve

required surface gradients.

Obtain approval of samples from the Landscape Architect before finalizing order or bringing to the site.

All paving stones shall be laid in the pattern as shown on Drawing L2 and as detailed.

Construct sample areas of paving for resolution/approval with the LA for cutting patterns and layout prior to proceeding with general installation.

The pavers are to be installed on a 25mm thick layer of un-compacted concrete sand or screenings, then plate compacted to a consistent surface with positive drainage away from the center and towards the concrete curb, lawn areas and existing paved pathways. Ensure that all transitions between adjacent surfaces and new pavers are flush and smooth.

Fill, sweep and vibrate Joints in paving using only polymeric jointing sand as per manufacturer's instructions. Continue sweeping and vibrating until all joints are full to level with the paving surface.

Provide protection on the pavers from scratching during the plate vibration process by using protection board, cardboard, or another approved method.

Sealing of the paver surface is required and two coats should be applied according to

Manufacturer’s recommendations.

Note that the Bidders shall submit a per square metre price that reflects the average cost

of the main field, edging, and accent pavers combined and that the unit bid price for this

item shall be considered as an average of all paver types.

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Payment for this tender item shall be by square metre for the installation of the new pavers and includes all labour, equipment and materials required to complete the work as drawn and described and to the satisfaction of the Owner.

Tender Item 6 Crushed Granite Paving SP-6 The work under this item shall include the supply and installation of 80 mm compacted thickness crushed granite surface on variable depth of compacted Granular A base as shown on the design drawings and details and as described below.

Crushed granite shall be composed of clean, hard, durable particles of natural screenings resulting from the crushing of rock, stone, or gravel and shall be free of clay, silt or other objectionable material.

Particle size shall be in the range of 2mm to max 5mm. Colour to be red or reddish/brown range. Submit a 1 kg. truly representative sample to the LA for approval prior to bringing material on site.

The contractor is responsible for staking out the proposed area of crushed granite paving in accordance with the landscape drawings and details. Landscape architect to provide detailed centerline, and edge location dimensions for the selected bidder.

Ensure the staked out area is approved by the Landscape Architect prior to construction

Compact existing grade using a twin roller vibrating packer prior to placing Granular A base.

Place crushed granite to a uniform, compacted depth of 80 mm and as per the Drawings on the indicated Granular A base. Compact to 98% SPD.

Crushed granite areas shall have clearly defined, smooth edges and profiles and shall be flush or slightly above the confining paver edging and/or poured concrete pads.

Inspection and compaction tests of sub-base and crushed granite surface as well as composition tests of the crushed granite shall be carried out by and by an independent laboratory should the Owner deem it necessary. All required tests will be paid for by the Owner.

Estimated core amount of granite paving is 72 sq. meters.

Payment for this item shall be by Square meter for all labour, equipment and materials to complete the work to the satisfaction of the Owner.

Tender Item 7 Crushed Limestone Paving SP-7

The work under this item shall include the supply and installation of limestone screenings surface on variable depth (200mm default minimum) of compacted Granular A base as shown on the design drawings and details and as described below.

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Limestone screenings shall be composed of clean, hard, durable particles of natural screenings resulting from the crushing of rock, stone, or gravel and shall be free of clay, silt or other objectionable material meeting all OPSS standards 1001, 1004 and 1010.

IOS

SIEVE

NUMBER

PERCENT

PASSING

ALLOWABLE

LIMITS %

9.50 mm 100 100

4.75 mm 99.8 50-100

2.36 mm 79.1

1.18 mm 48.3 20-55

600.0 µm

300 µm 22.5 10-30

150 µm

75.0 µm 7.0 0-12

µm = 1 Micron = 1/1000mm

The contractor is responsible for staking out the proposed area of limestone screenings paving in accordance with the landscape drawings and details. Landscape architect to provide detailed centerline, and edge location dimensions for the selected bidder.

Compact existing grade using a twin roller vibrating packer prior to placing Granular A base.

Place limestone screenings to a uniform depth as detailed, on the indicated Granular A base and compact to 98% SPD.

Limestone screening pathway and areas shall have clearly defined, smooth edges and profiles.

Where the limestone screenings are contained by edging of pavers or concrete, the surface shall be flush after full compaction.

Inspection and compaction tests of sub-base and limestone screenings as well as composition tests of the limestone screenings shall be carried out by and by an independent laboratory should the Owner deem it necessary. All required tests will be paid for by the Owner.

Estimated core amount of limestone screenings paving is 120 sq. meters. Payment for this item shall be by Square meter for all labour, equipment and materials to complete the work to the satisfaction of the Owner. Tender Item 8 Planting Bed Preparation SP-8

Work under this item includes the preparation of shrub/perennial planting beds for spring planting by others.

Within this contract, there are two types of planting bed preparation – 1. Full Depth Preparation and 2.

Partial Depth preparation below existing trees. LA to mark out the bed areas with paint and indicate the type

of preparation required.

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1. Full Depth Bed Preparation

Beds shall be excavated to provide a minimum soil mixture depth of 450mm.

Area of planting bed preparation for tender purposes is 125 sq. m.

Ensure that the sides of the bed excavation does not affect adjacent granular base.

Planting backfill shall be horticultural grade “triple mix” or an equal quality custom mix on site using salvaged topsoil with contractor supplied organic and sand components.

A truly representative sample of either type of soil mix shall be submitted for approval prior to use. The mixture shall be fully homogenous.

Fertilize all planting soil with 1 pound of bone meal for each cu yd of soil volume, well mixed in the fall.

The planting pits and beds shall be mulched by others in the spring of 2016.

Note that if planting is adjacent to paving – the soil level, shall be 25 mm below the paving level.

Planting beds shall be backfilled with triple mix type horticultural soil in maximum 200 mm thick lifts with each lift packed firm by bucket tamping.

2. Partial Depth Bed Preparation

Pre-soak the area with min. 1” of water as required to ensure moist soil conditions to the

satisfaction of the LA.

Approximately 85 sq m of partial depth planting beds for this project will be prepared below the canopy of existing trees and must be done carefully to avoid damage.

A 50 cm wide band of clear 19mm dia. drainage stone is to be placed around the trunk of each tree in order to prevent soil contact. Slope the outer edges down at 45 degrees and cover the stone with a thin layer (25mm) of mulch before placing new soil against the stone slope. Do not place or mix soil on the collar around the tree. See Plan L3.

The LA will mark a line on the trunk of each tree to indicate the upper limit of the required clear stone collar.

Use hand operated rototillers such as Mantis or Echo to loosen the upper 100mm of topsoil and sod. The tiller should be capable of working to 100mm depth and the sod clumps should be no larger than 25mm and thoroughly mixed into the soil. If roots over 10mm are encountered, notify LA for direction to till shallower.

Distribute the following soil amendments evenly over the prepared soil. Incorporate well. o Horticultural bone meal at a rate of 100 gms per square meter

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o Bagged composed sheep or cow manure at a rate of 1 bag per 4 square meters

Add 150mm average depth of triple mix over the surface of the bed area. The triple mix shall be

shallower (100mm) along the edges of the bed and at the stone collar, mounding to 200mm

depth in the central areas of the beds as directed.

Rake and shape the bed surface for positive drainage throughout and footpack or lightly roll to

firm it.

Mulch not required within this contract.

Note that the unit bid price for this item shall be considered as an average of both bed preparation types.

Payment shall be by Square meter for all labour and materials to complete the work described to the satisfaction of the Owner.

Tender Item 9 Topsoil & Fine Grading SP-9

This item covers the delivery, spreading, firming and fine grading of topsoil as required to create the finished grade, ready for sod as indicated.

Imported topsoil texture to consist of 20% to 50% sand and will have a minimum of 5% organic matter for clay loams and 2% organic matter for sandy loams to a maximum of 20% by volume.

All topsoil will be free of subsoil, roots, grass, weeds, toxic materials, stones in excess of 25 mm, and foreign objects. Screening of the imported and native topsoil may be required to meet this requirement.

Imported topsoil will have an acidity range (pH) of 6.0 to 7.5.

Soil nutrients shall be present in the following approximate ratios:

o Nitrogen (N): 20 - 40 micrograms of available N/gram of topsoil o Phosphorous (P):10-20 micrograms of phosphate/gram of topsoil o Potassium (K): 80-120 micrograms of potash/gram of topsoil o Calcium, magnesium, and micro-nutrients including iron, zinc, boron, sulphur, copper, and molybdenum present in balanced ratios to support germination and establishment of intended vegetation.

Imported topsoil is subject to inspection and testing by the Owner at their discretion. Do not commence work until a truly representative sample of the topsoil is accepted by the Landscape Architect.

Test samples, if ordered by the Owner, shall be an amalgamation of at least three samples randomly taken from the source. Samples shall be carefully mixed, recorded, labeled and otherwise documented prior to delivery to the testing laboratory.

Carefully communicate the intended use of the topsoil to the testing laboratory.

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Submit two copies of the test results to the Contract Administrator. Test results shall include, but not be limited to, NpK, Mg, soluble salt content, organic matter content, pH, soil texture and atrazine.

Re-grade the subgrade as necessary to eliminate uneven areas and low spots, ensuring positive drainage. Remove debris, roots, branches, stones in excess of 50 mm diameter, and other deleterious materials. Remove subsoil that has been contaminated with oil, gasoline or calcium chloride. Dispose of removed materials off site.

Spread topsoil with adequate moisture in uniform layers over sub grade.

Apply min. 150 mm minimum layer of topsoil (measured after compaction) to all site surfaces intended for sodding or seeding.

Manually spread and pack topsoil around trees and obstacles where necessary to prevent damage.

Fine grade and loosen topsoil if required. Eliminate rough spots and low areas to ensure positive drainage. Prepare loose, friable sod bed by means of cultivation and subsequent raking.

Roll to consolidate topsoil for areas to be sodded leaving surface smooth, uniform, clean from sticks and stones over 25mm in diameter, firm against deep foot printing, and with a fine loose texture.

Finished grades/topsoil shall be approved by the Landscape Architect prior to fertilizing and sodding.

Sod that has been installed prior to the finished grade approval by the Landscape Architect may be subject to removal and reinstallation.

Maintain all grades until final acceptance of completed contract works. Maintenance shall include all filling and re-grading to retain grades at required elevations. Payment for this item shall be by Square meter for all labour, equipment and materials to complete the work to the satisfaction of the Owner.

Tender Item 10 Sod SP-10 The work under this item includes the supply and installation of sod as per design drawings and as described below:

All sod shall have been grown as a turf grass crop. It shall be a Number One Kentucky Bluegrass - Fescue Sod.

All sod shall be uniform in texture, and be in a good healthy condition with no sign of decay. There shall be no more than two broadleaf or ten of other weeds per 40 square metres of sod. Sod shall be of sufficient density that no surface soil is visible. The grass height shall be 35 mm minimum and 65 mm maximum.

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The soil portion of the sod shall be well permeated with roots. It shall be a good mineral type soil with a thickness of 10 mm minimum and 15 mm maximum. Individual sod pieces shall be of a condition that each may be lifted, rolled, transported and placed without breaking or tearing and without loss of soil under normal handling conditions.

Sod shall contain sufficient moisture to maintain its vitality during transportation and placing. Either small roll, manually installed or large roll, mechanically installed sod are both acceptable.

The soil surface shall be predominantly fine in nature with particle sizes of 5 to 10 mm, and with no irregularities extending more than 25 mm above the soil surface.

All sod shall be rolled to facilitate handling and transportation.

Stakes for pegging, as required on slopes steeper than 3:1 shall be wooden stakes, being approximately 19 x 19 x 150 mm. Drive to set flush with sod thatch layer.

Fertilizer shall be a standard 8-32-16 analysis in granular form. It shall be dry, free-flowing, free from lumps, and shall be supplied in bags bearing the manufacturers label indicating mass and analysis.

Water used shall be free of contaminants that could adversely affect growth

Sod shall not be laid when in a frozen condition, nor upon frozen ground, nor under any other condition unfavourable to transplanting and growth.

Sod shall be applied in accordance with the time constraints specified in Table 1.

Before applying sod, all areas designated for sodding operations shall have been topsoiled as described elsewhere in this document.

All surface stones greater than 25 mm in diameter, weeds, other unwanted vegetation, and all other loose surface litter shall be removed and disposed of off-site.

Fertilizer shall be applied uniformly at a rate of 3.5 kg/100 m of surface area, and shall be incorporated into the soil surface. Fertilizer shall be applied prior to, and up to a maximum of 48 hours before, sod placement.

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TABLE 1 -

TIME

CONSTRAIN

TS

SOUTHWEST

ERN

ONTARIO

SOUTHERN

ONTARIO

NORTHERN

ONTARIO

That area of

Ontario south

of a line joining

Grand Bend

and Clarkson

That area of Ontario

between the northern and

southern boundaries of

Southwestern Ontario and

Northern Ontario

respectively.

That area of

Ontario north of

a line joining

Waubaushene,

Severn Bridge,

Bancroft and

Ottawa.

Spring start-up

to November 15 Spring start-up to

November 15

Spring start-up

to October 15

Initial watering of all sod shall be completed within 3 hours after placement. Sufficient water shall be applied to penetrate the root zone of the sod and saturate the surface of the soil. Water shall be applied in a manner that avoids runoff and erosion.

The Contractor shall apply maintenance watering and shall repair any break or displacement of sod, until thirty days after sod placement. An irrigation system may be operational within the 30 day maintenance period.

At the end of (30) thirty days from installation, the sod shall be green and succulent, and show evidence of rooting into the underlying soil. Any area of sod which fails to meet these requirements shall be replaced by the Contractor, and shall be subject to a further thirty day maintenance period.

Payment for this item shall be by Square meter for all labour, equipment and materials to complete the work to the satisfaction of the Owner.

Tender Item 11 Tree Planting SP-11

Work under this item shall include the following:

Tree planting pits shall be excavated to provide a minimum soil mixture depth of 500mm

Horticultural topsoil shall be a fertile, friable, natural loam containing not less than 5% organic

matter. After the addition of soil amendments, the organic matter content shall not exceed 30%.

Topsoil shall be free of stones greater than 50mm in diameter, subsoil, refuse or other extraneous

material and be capable of sustaining healthy plant growth.

Topsoil that is in a frozen or muddy condition shall not be used

Soil amendments shall be thoroughly mixed with horticultural topsoil in the following ratio:

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Topsoil 1 cubic metre Baled peatmoss 0.2 cubic metre Superphosphate 0.6 kilograms

The mixing of the topsoil and soil amendments according to the specified proportions shall be

performed using a mechanical shredder. If the mixing is to be performed off the contract site, the

Contract Administrator shall be notified prior to mixing.

All plant material shall be clearly identified by lables indicating species, size and supplier.

All plant material supplied and planted under this contract shall be protected from damage during

construction operations. All plant material shall be considered as “Specimen Trees”.

Plant material shall be acceptable when it is structurally sound, well furnished with living foliage or

buds, normal colour, free from blight or any description. Plant material which does not meet this

standard or which has severely died back and has regrown from a bud or a shoot or has been

damaged by rodents shall be considered unacceptable.

Plant material shall not be collected or dug from native stands or established woodlots.

The locations of trees shall be staked and approved by the Landscape Architect prior to excavation

and planting.

All plant material shall be placed in the planting pit on compacted soil.

All trees shall be planted using good horticultural practice and so that their normal root crown is

100mm above existing adjacent grade.

The planting pit shall be backfilled with the topsoil mixture in firmly tamped layers of 200mm depth, taking care not to injure the root system. Air pockets shall not be allowed to form when backfilling. During dry periods, saturate all soil lifts.

When the planting pit has been backfilled to existing grade, the final backfill layer shall be applied to form a berm of maximum 100 m height and maximum 150mm width around each planting pit. This berm will serve to retain water over the root area

Initial watering of all plant material shall be completed immediately after planting. Sufficient water

shall be applied to each plant to thoroughly soak the root zone.

Mulch not required this contract

At the completion of planting operations, all areas disturbed or damaged from the execution of this

work shall be restored to their original condition, including, but not restricted to clean-up and re-

grading, and seeding and mulching.

All trees planted shall include a full one year replacement warranty.

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SEE PLANT LIST BELOW FOR TREES TO BE PLANTED. SEE PLAN L4 FOR TREE LOCATIONS

CODE QUANT BOTANICAL COMMON SIZE

A 1 Fagus sylvatical ‘Rohanii’ Rohan purple beech 50 mm dia. CT/WB

C 1 Gymnocladus dioicus ‘Espresso’ Kentucky coffee tree 50 mm dia. CT

D 1 Koelreuteria paniculata Goldenrain tree 40 mm dia. CT

E 1 Liquidambar styraciflora ‘Moraine’ ‘Moraine’ Sweetgum 50 mm dia CT/WB

F 1 Lirodendron tulipifera Tulip tree 50 mm dia CT

G 1 Magnolia stellata ‘Waterlily’ ‘Waterlily’ Magnolia 150 cm /BB

H 1 Malus JFS-KW5-Louisa ‘Louisa’ weeping crabapple

50 mm dia CT

B 1 Metasequoia glyptosrtoboides

Dawn redwood 300 cm CT/WB

I 1 Nyssa sylvatica ‘Wildfire’ ‘Wildfire’ Black tupelo 50 mm dai WB

J 1 Platanus acerfolia ‘Bloodgood’ Bloodgood London plane tree

50 mm dia. CT/WB

Payment at the contract price for the above item shall be for each tree and shall be full compensation for all

material, labour, equipment required to carry out the preparation for and planting of the trees to the satisfaction

of the Owner.

Tender Item 12 Miscellaneous Servicing SP-12

Work under this item shall include the equipment, labour and materials (unless noted as Owner supplied) to install the following items:

Provide for the supply and installation of 80 lin. Meters of 38mm dia. PVC irrigation line, generally in a circular pattern around the project, as per plan L4. Also include two (2) 7.5 meter long conduits of the same size pipe under the outer ring of paving to access the two semi-circular planting areas as shown. A total of 95 linear meters of pipe is to be buried at an approximate depth of 30-40 cm (along the edge of the Granular B surface) covered by Granular A or clean soil fill as appropriate for the landscape treatment requirement. Note that coordination will be required with City staff to ensure proper placement of the pipe. The contractor shall be responsible for closing the ends of the pipe in a satisfactory manner and providing a stake to indicate the location of the pipe ends.

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Also included will be the direct bury installation of a concrete light standard (delivered to the site by the City) The spun concrete pole (by Stresscrete) shall be located as per Point 21 on Plan L3 and as directed by the LA. Auger a 400mm hole to the appropriate depth, placing the pole vertically and to the orientation as directed. Backfill with compacted Granular A after coordinating for the placement of conduit by the City’s designated electrician from the existing electrical location to the new light standard.

Payment for this item shall be by Lump Sum for all labour, equipment and materials to perform the work as described to the satisfaction of the Owner.

END OF CORE TENDER ITEMS

PROVISIONAL ITEM

Provisional Item A Crushed Granite Apron Area SP-A

Work under this provisional item includes the following. Allow for:

The deletion of 37 sq. m of both topsoil and sod items, under Tender Items 9 and 10

the addition 25 cu. m of Granular B, Tender Item 2

The addition of 28 sq. m of Crushed Granite Paving, Tender Item 6

the addition of 25 lin. m or 9 sq. m of paver edging, as described in Tender Item 5

Payment for this item shall be by Lump Sum for all labour, equipment and materials to perform the work as described to the satisfaction of the Owner.

END OF PROVISIONAL ITEMS

Page | 44

AGREEMENT TO BOND

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

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

_____________________________________________________________________________

REQUEST FOR TENDERS FOR LANDSCAPING AT MEMORIAL PARK TRIBUTE GARDEN – BELLEVILLE ONT.


is accepted by the Owner. It is the condition of this Agreement that if the above-mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be completed with the undersigned within ten (10) days of acceptance of the Tender related hereto, otherwise this Agreement shall be null and void. DATED this day of 2015.

(Name of Bonding Company)

(Signature of Person Signing for Company)

(Seal where applicable)

I have the authority to bind the corporation.

(Position)

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

Of the two (2) forms herein, one (1) form shall become a part of the Tender and

the other shall be retained by the Surety Company.

Standard Construction Document

CCDC 222 - 2002

Page | 45

AGREEMENT

This Agreement made in duplicate this ________ day of ____________________________ 2015

Between __________________________________________of the ________________________________,

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

The Party of the First Part

AND

THE CORPORATION OF THE CITY OF BELLEVILLE,

HEREINAFTER CALLED THE “MUNICIPALITY”

The Party of the Second Part

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

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DESCRIPTION OF THE WORK

REQUEST FOR TENDERS MEMORIAL PARK TRIBUTE GARDEN


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

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

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

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

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

___________________________________

NAME OF CONTRACTOR

____

Signature of Corporation Witnesses Signature of Contractor

and Position Held (Seal where applicable)

I have the authority to bind the corporation.

THE CORPORATION OF THE CITY OF BELLEVILLE

__

Clerk

__

Mayor

Signatures of designated Municipal Seal of Municipality

Officers and Position Held

Officers and Position Held

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SUBMISSION LABEL

CITY OF BELLEVILLE



CONTRACT NO. PRKS-2015-06 _______________________________________________________ LEGAL NAME OF BIDDER

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

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APPENDIX “A”

CITY OF BELLEVILLE

CONTRACTOR CONFIRMATION OF FAVOURABLE

HEALTH AND SAFETY PRACTICE

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

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

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

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

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

Company Health and Safety Policy

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

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

49 | P a g e

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

Contractor Name of Person Signing for Contractor

Signature of Contractor Date

City of Belleville Comments:

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

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

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

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

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

AGREEMENT CONTRACT NO.

BID BOND Standard Construction Document

CCDC 220 - 2002 No. ______________ Bond Amount $_________________________ ________________________________________________________________________________ as Principal, hereinafter called the Principal, and

________________________________________________________________________________ a corporation created and existing under the laws

of ________________________ and duly authorized to transact the business of Suretyship in _______________________ as Surety, hereinafter

called the Surety, are held and firmly bound unto ______________________________________________________________________________ as

Obligee, hereinafter called the Obligee, in the amount of __________________________________________________________________________

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

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

WHEREAS, the Principal has submitted a written bid to the Obligee, dated __________ day of ________________________, in the year ________ for _____________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________ The condition of this obligation is such that if the Principal shall have the bid accepted within the time period prescribed in the Obligee’s bid

documents, or, if no time period is specified in the Obligee’s bid documents, within ___________________________ ( ) days from the closing

date as specified in the Obligee’s bid documents, and the Principal enters into a formal contract and gives the specified security, then this obligation

shall be void; otherwise, provided the Obligee takes all reasonable steps to mitigate the amount of such excess costs, the Principal and the Surety will

pay to the Obligee the difference in money between the amount of the bid of the Principal and the amount for which the Obligee legally contracts

with another party to perform the work if the latter amount be in excess of the former.

The Principal and Surety shall not be liable for a greater sum than the Bond Amount. It is a condition of this bond that any suit or action must be commenced within seven (7) months of the date of this Bond. No right of action shall accrue hereunder to or for the use of any person or corporation other than the Obligee named herein, or the heirs,

executors, administrators or successors of the Obligee.

IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated __________ day of ________________________,

in the year ___________.

SIGNED and SEALED Principal in the presence of

___________________________________ Signature ATTORNEY IN FACT

___________________________________ Name of person signing

Surety

___________________________________ Signature

___________________________________ Name of person signing

Copyright 2002

Canadian Construction Documents Committee

(CCDC 220 – 2002 has been approved by the Surety Association of Canada)

No. ______________ Bond Amount $_________________________

________________________________________________________________________________ as Principal, hereinafter called the Principal, and





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


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

for _____________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

in accordance with the Contract Documents submitted, and which are by reference made part hereof and are hereinafter referred to as the Contract.

The Condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably

required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,

subject, however, to the following conditions:

1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or

reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power,

light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who

rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to

be applied towards the purchase price thereof, shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for

the period during which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall be

determined, insofar as it is practical to do so, by the prevailing rates in the equipment marketplace in which the work is taking place.

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

provided for under the terms of its contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last

of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein

provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms

of its contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding

against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken

either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on

the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the

Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof.

Provided still further that, subject to the foregoing terms and conditions, the Claimants, or any of them may use the name of the Obligee to sue on

and enforce the provisions of this Bond.

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

to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed, and that such Claimant shall have

brought suit or action in accordance with this Bond, as set out in sub-clauses 3 (b) and 3 (c) below, Accordingly, no suit or action shall be

commenced hereunder by any Claimant:

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

office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in

the Province or Territory in which the subject matter of the Contract is located. Such notice shall be given.

Page 17

LABOUR & MATERIAL PAYMENT BOND (Trustee Form)

Standard Construction Document

CCDC 222 - 2002

i) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the

terms of the Claimant's contract with the Principal, or under the lien Legislation applicable to the Claimant's contract with the Principal,

whichever is the greater, within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's

contract with the Principal;

ii) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after

the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such

claim is made under the Claimant's contract with the Principal;

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

the guarantees provided in the Contract;

c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract is to be installed or

delivered as the case may be and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court.

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

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

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

Bond, who is not instrumental in bringing about or has not caused such change.

6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the

provisions hereof, inclusive of the payment by the Surety of claims made under the applicable lien legislation or legislation relating to legal

hypothecs, whether or not such claim is presented under and against this Bond.

7. The Surety shall not be liable for a greater sum than the Bond Amount.

IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated __________ day of ________________________,

in the year ____________ .

SIGNED and SEALED Principal

in the presence of

___________________________________

Signature

ATTORNEY IN FACT

___________________________________

Name of person signing

Surety

___________________________________

Signature

___________________________________


Copyright 2002



No. ______________ Bond Amount $_________________________

________________________________________________________________________________ as Principal, hereinafter called the Principal, and





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


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

for _____________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

hereinafter referred to as the Contract.

The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and

void; otherwise it shall remain in full force and effect.

Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's

obligations thereunder, the Surety shall promptly:

1) remedy the default, or;

2) complete the Contract in accordance with its terms and conditions or;

3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions and upon determination

by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as

work progresses (even though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under

this paragraph) sufficient funds to pay to complete the Principal’s obligations in accordance with the terms and conditions of the Contract and to

pay those expenses incurred by the Obligee as a result of the Principal’s default relating directly to the performance of the work under the

Contract, less the balance of the Contract price; but not exceeding the Bond Amount. The balance of the Contract price is the total amount

payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal, or;

4) pay the Obligee the lesser of (1) the Bond Amount or (2) the Obligee’s proposed cost of completion, less the balance of Contract price.

It is a condition of this bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of (1) the date of

Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or, if no such definition

exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default

by the Obligee.

The Surety shall not be liable for a greater sum than the Bond Amount.

No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named herein, or the heirs,

executors, administrators or successors of the Obligee.

IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated ___________ day of _______________________,

in the year _____________.

SIGNED and SEALED Principal

in the presence of

___________________________________

Signature

ATTORNEY IN FACT ___________________________________


Surety

___________________________________

Signature

___________________________________


PERFORMANCE BOND Standard Construction Document

CCDC 221 - 2002

Copyright 2002



APPENDIX “A”

City of Belleville Health & Safety Standard

Subject: Contractor Safety

Date: October, 2005 Supercedes: September, 2003

POLICY STATEMENT

The City of Belleville is aware of its responsibility as an employer to provide a safe and healthy

workplace for all workers, including contract workers. The intent of this policy and procedure is to

provide guidelines to be followed when an outside service provider is hired to perform work for the City

of Belleville.

SCOPE

This standard applies whenever a contractor is hired by the City of Belleville to perform work or provide

services on City premises. It includes on site service providers and construction contractors and

subcontractors but generally does not include delivery and pick up personnel unless the scope of their

service goes beyond the routine delivery/pickup of commodities at approved points within the City of

Belleville.

DEFINITIONS:

Construction: includes erection, alteration, repair, dismantling, demolition, structural maintenance,

painting, land clearing, earth moving, grading, excavating, trenching, digging, boring,

drilling, blasting, or concreting, the installation of any machinery or plant, and any work or

undertaking in connection with a project.

Project: means a construction project, whether public or private, including:

the construction of a building, bridge, structure, industrial establishment, mining plant,

shaft tunnel, caisson, sewer, water main, service connection, telegraph, telephone or

electrical cable, pipe line, duct or well, or any combination thereof,

the moving of a building or structure, and

any work or undertaking, or any lands appurtenances used in connection with

construction.

Constructor: a person who undertakes a project for an owner and includes an owner who undertakes all

or part of a project by himself or by more than one employer.

Contractor: an individual or company who agrees to perform work or provide a service for a specified

price but is not an employee of the City.

2

GUIDELINES

1) The management staff person hiring an outside contractor is responsible for ensuring that the

contractor provides all necessary Health and Safety information to the City of Belleville prior to

beginning the work.

2) Where a tender is required for the provision of services by an outside contractor, the staff member

responsible for the contract will ensure that the Health and Safety Program Requirements for

Contractors, as outlined in this policy, are included in the tender document.

3) When the job is a “construction project” as defined by the Occupational Health and Safety Act, the

responsible staff member will determine who is to act as the “constructor” for the project. A

Notice of Project must be completed by the constructor and submitted to the Ministry of Labour if

the total cost of materials and labour for the project is expected to exceed $50,000 and/or as

prescribed by Section 6 of the Regulations for Construction Projects.

4) Whether or not the job is a construction job, the staff member hiring the contractor is responsible

for providing appropriate information to the contractor regarding any designated substances,

WHMIS controlled substances, or hazards specific to the worksite.

Note: The substances which are designated in Ontario as requiring special precautions to control

worker exposure are: asbestos, acrylonitrile, arsenic, benzene, coke oven emissions, ethylene

oxide, isocyanates, lead, mercury, silica, vinyl chloride, and x-rays.

5) Pre-Job Health and Safety Meeting

When the job is a “construction project” or if there are significant health and safety risks involved,

a pre-job Health and Safety meeting will be held. Depending on the scope of the job, the meeting

may involve, but is not limited to: contractor representatives/supervisors, the department head

and/or supervisor, the Health and Safety Coordinator, and the department safety committee

representative.

Topics for the meeting will include, but are not limited to, the following:

An overview of the scope of the work

A review of known hazards in that work area

A review of the WHMIS controlled and/or designated substances present at the worksite and those

to be brought by the contractor to the worksite. The contractor must provide copies of the

appropriate Material Safety Data Sheets at this time.

Confirmation that contractor workers have required licences, certificates and/or training

Review of worksite emergency procedures, including notifying the contractor of all alarms and

what to do when the alarms are activated

Confirmation that the contractor will comply with the Health and Safety Requirements for

Contractors and completion of Appendix 1, Contractors Confirmation of Favourable Health and

Safety Practice.

3

HEALTH AND SAFETY REQUIREMENTS FOR CONTRACTORS

The following are requirements of all contractors and should be included in the tender document when

applicable:

The Contractor is responsible for the Health and Safety of all of its employees, sub-contractors,

visitors and business associates on the worksite. The Contractor agrees to comply with the

Occupational Health and Safety Act and its Regulations, as well as any other applicable

legislation, regulations and industry standards. The Contractor will provide appropriate

training and instruction to its employees working on the job, as required by the Occupational

Health and Safety Act and its regulations, and ensure the same has been provided to its sub-

contractors on the job.

The Contractor will notify the Ministry of Labour and the Workers Safety and Insurance Board

of any reportable injuries, as required by the applicable legislation.

A valid Certificate of Clearance from the Workplace Safety and Insurance Board must be part

of the tender document. It is the contractor’s responsibility to ensure that the Certificate of

Clearance is valid and remains current throughout the project;

If the contractor is a single owner-operator without WSIB coverage, s/he must provide proof to

the City that s/he is insured for $5,000,000. against any work related injury and/or illness;

It is the responsibility of the contractor to provide any personal protective equipment for their

own workers and to ensure that it is worn when required by the Occupational Health and Safety

Act and its regulations. The Contractor must also supply their own tools and equipment, all of

which must be properly maintained and in good repair;

The City has the right to issue a warning and/or order to stop work if there are serious

violations by the contractor(s) of the Occupational Health and Safety Act, or City Health and

Safety programs, policies and rules.

Before being awarded the contract, the successful bidder will be required to provide

information that it has a Health and Safety program compliant with the Occupational Health

and Safety Act. This would include a Health and Safety Policy and a Health and Safety

Representative or Committee as appropriate.

For all construction projects, a Notice of Project form must be completed and submitted to the

Ministry of Labour by the constructor if the total cost of labour and materials for the project is

expected to exceed $50,000 and/or as prescribed by Section 6 of the Regulations for

Construction Projects;

For all construction projects, the constructor will post the name of their company, address and

telephone number, and the address and phone number of the nearest Ministry of Labour office,

as required by section thirteen (13) of the Regulations for Construction Projects.

The Contractor must provide a list of any designated substances and/or WHMIS controlled

materials that will be brought onto the worksite, as well as material safety data sheets for same;

The Contractor must notify the City staff member in charge of the contract of any sub-

contractors they hire. The Contractor assumes responsibility for ensuring that their sub-

contractors comply with applicable Health and Safety regulations;

4

Appendix 1

CITY OF BELLEVILLE

CONTRACTOR CONFIRMATION OF FAVOURABLE

HEALTH AND SAFETY PRACTICE

This form has been developed to assist staff in evaluating the health and safety practices of potential

contractors to be hired by the City of Belleville.

To Contractor(s):

The City of Belleville is committed to the Health and Safety of all workers at City locations. To

ensure that City workplaces are healthy and safe work environments, contractors, constructors and

subcontractors must have knowledge of and operate in compliance with the Occupational Health and

Safety Act and its regulations and any other legislation pertaining to employee health and safety.

In order to evaluate your company’s health and safety experience and qualifications, we require the

following information, where applicable. Please complete below and/or attach documentation as

indicated and return the signed form to the City staff member in charge of the contract.

Copies of, or evidence of, appropriate licences, certificates and/or training for employees who will

be working for City of Belleville, as required by Health and Safety or other legislation (a list of

registration/certificate #’s and effective dates is sufficient).

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

Evidence of insurance coverage in the amount of $5,000,000., including general liability and

personal injury. (For awarded bidder only.) Please attach a copy of the appropriate sections of the

policy.

Company Health and Safety Policy

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

than 20 employees)

5

Confirmation of Favourable Health and Safety Practice cont’d.

Has your company had any Ministry of Labour warnings or orders in the last two years? (if the

answer is yes, please provide details below)?

Contractor’s Statement of Responsibility

I agree to work safely and in accordance with the Occupational Health and Safety Act and its

Regulations, and any other applicable legislation or regulations. I accept the responsibility for

ensuring the Health and Safety of my employees and my subcontractors while they are completing

work for the City of Belleville, and for notifying the appropriate authorities should an accident occur.

I agree to notify the City staff member in charge of the contract immediately if I have any health and

safety concerns during the completion of the contracted work.

Contractor Name of Person Signing for Contractor

Signature of Contractor Date

City of Belleville Comments:

City Staff Signature Date

Original: Department Head Copy: Purchasing Department