THE CITY OF WINNIPEG

^

REQUEST FOR QUOTATION/PROJECT

RFQ No. Click or tap here to enter text.

Click or tap here to enter text.

Attention Bidders:

Bids are accepted by

email (See B8)

No personal delivery or courier

TABLE OF CONTENTS

PART A - BID SUBMISSION

Form A: Bid	1

Form B: Prices	4

Form B: Prices	5

PART B - Bidding Procedures

B1.	Project Title	1

B2.	Submission Deadline	1

B3.	Site Investigation	1

B4.	Enquiries	2

B5.	Confidentiality	2

B6.	Addenda	2

B7.	Bid	3

B8.	Bid Submission	3

B9.	Bid	3

B10.	Prices	4

B11.	Disclosure	4

B12.	Qualification	4

B13.	Conflict of Interest and Good Faith	5

B14.	Irrevocable Bid	6

B15.	Evaluation of Bids	6

B16.	Award of Contract	7

PART C - General Conditions

C0.	General Conditions	7

PART D - Supplemental Conditions

General

D1.	Scope of Work	7

D3.	Definitions	7

D4.	Contract Administrator	7

D5.	Accessible Customer Service Requirements	7

D6.	Unfair Labour Practices	7

Submissions

D7.	Safe Work Plan	7

Schedule of Work

D8.	Commencement	7

D9.	Substantial Performance	7

D10.	Total Performance	7

D11.	Liquidated Damages	7

D12.	Payment	7

D13.	Supply Chain Disruption Schedule Delays	7

Warranty

D14.	Warranty	7

Dispute Resolution

D15.	Dispute Resolution	7

Indemnity

D16.	Indemnity	7

PART E - Specifications

General

E1.	Applicable Specifications And Drawings	7

PART F - Security Clearance

F1.	Security Clearance	7

Security Clearance for Site Investigations at Winnipeg Police Service Buildings or Stations

Security Clearance for Work at Winnipeg Police Service Buildings or Stations

Form A: Bid (See B3.5)
Project Title	Click or tap here to enter text.
Bidder (Mailing address if different) (Choose one)	_________________________________________________________ Legal Name of Bidder _________________________________________________________ Usual Business Name of Bidder as it appears on Invoice (if different from above) _________________________________________________________ Street _________________________________________________________ City Province Postal Code _________________________________________________________ Email Address of Bidder _________________________________________________________ Facsimile Number _________________________________________________________ Street or P.O. Box _________________________________________________________ City Province Postal Code _________________________________________________________ GST Registration Number (if applicable) The Bidder is: a sole proprietor a partnership a corporation carrying on business under the above name.
Contact Person	The Bidder hereby authorizes the following contact person to represent the Bidder for purposes of the Bid. _________________________________________________________ Contact Person Title _________________________________________________________ Telephone Number Facsimile Number
Definitions	All capitalized terms used in the Contract Documents shall have the meanings ascribed to them in the General Conditions and Request for Quotation documents
Offer	The Bidder hereby offers to perform the Work in accordance with the Contract for the Total Bid Price, in Canadian funds, set out on Form B: Prices, appended hereto.
Commencement of the Work	The Bidder agrees that no Work shall commence until they are in receipt of a Purchase Order from the Award Authority authorizing the commencement of the Work.
Contract	By submitting a bid in response to this RFQ, the Bidder certifies that it has read, understands, and agrees to the terms and conditions of this RFQ and that the RFQ, in its entirety shall be deemed to be incorporated in and to form a part of this offer notwithstanding that not all parts thereof are necessarily attached to or accompany this Bid.
Addenda	The Bidder certifies that the following addenda have been received and agrees that they shall be deemed to form a part of the Contract: No. _________ Dated ________________________________
Time	This offer shall be open for acceptance, binding and irrevocable for a period of ^ (^) Calendar Days following the Submission Deadline.
Indigenous Self-Declaration	The City is requesting that Bidders identify if their business is at least 51% owned by one or more Indigenous persons of Canada. YES, 51% or more Indigenous ownership NO, it is not This information is being gathered for statistical purposes only and will not be used for purposes of evaluation.
Signatures	The Bidder or the Bidder’s authorized official or officials have signed this ____________________ day of ___________________ , 20________. Signature of Bidder or Bidder’s Authorized Official or Officials (Print here name and official capacity of individual whose signature appears above) Signature of Bidder or Bidder’s Authorized Official or Officials __________________________________________________________

Form B: Prices (See B10) Click or tap here to enter text.
LUMP SUM PRICE
ITEM NO.	DESCRIPTION	SPEC. REF.	UNIT	APPROX. QUANTITY	UNIT PRICE	AMOUNT
LUMP SUM PRICE	LS	1
Applicable MRST (PST)	LS	1
TOTAL BID PRICE (GST extra) (in numbers) $ ______________________________________________
_________________________________ Name of Bidder

Form B: Prices (See B10) Click or tap here to enter text.
LUMP SUM PRICE
ITEM NO.	DESCRIPTION	SPEC. REF.	UNIT	APPROX. QUANTITY	UNIT PRICE	AMOUNT
LUMP SUM PRICE	LS	1
Applicable MRST (PST)	LS	1
TOTAL BID PRICE (GST extra) $ ________________________________________________
SEPARATE PRICES TO BE DEDUCTED FROM LUMP SUM PRICE
ITEM NO.	DESCRIPTION	SPEC. REF.	UNIT	APPROX. QUANTITY	UNIT PRICE	AMOUNT
_________________________________ Name of Bidder

Bidding Procedures

Project Title

Click or tap here to enter text.

Submission Deadline

The Submission Deadline is 4:00 p.m. Winnipeg time, ^.

The Contract Administrator may extend the Submission Deadline by issuing an addendum at any time prior to the time and date specified in B6.

Site Investigation

Further to C3.1, the Contract Administrator or an authorized representative will be available at the Site from ^ to ^ on ^ to provide Bidders access to the Site.

The Bidder is advised that ^

The Bidder shall not be entitled to rely on any information or interpretation received at the Site investigation unless that information or interpretation is the Bidder’s direct observation, or is provided by the Contract Administrator in writing.

The Bidder is responsible for inspecting the Site, the nature of the Work to be done and all conditions that might affect their Bid or their performance of the Work, and shall assume all risk for conditions existing or arising in the course of the Work which have been or could have been determined through such inspection.

Further to C3.1, the Bidder may make an appointment to view the Site by contacting the Contract Administrator.

The Bidder is advised that ^

The Bidder shall not be entitled to rely on any information or interpretation received at the Site investigation unless that information or interpretation is the Bidder’s direct observation, or is provided by the Contract Administrator in writing.

The Bidder is responsible for inspecting the Site, the nature of the Work to be done and all conditions that might affect their Bid or their performance of the Work, and shall assume all risk for conditions existing or arising in the course of the Work which have been or could have been determined through such inspection.

Further to C3.1, the Bidder may view the Site without making an appointment.

The Bidder is advised that ^

The Bidder is responsible for inspecting the Site, the nature of the Work to be done and all conditions that might affect their Bid or their performance of the Work, and shall assume all risk for conditions existing or arising in the course of the Work which have been or could have been determined through such inspection.

The Bidder is responsible for determining:

the location of any utility which can be determined from the records or other information available at the offices of any public authority or person, including a municipal corporation and any board or commission thereof, having jurisdiction or control over the utility;

the nature of the surface and subsurface conditions at the Site;

the location, nature, quality or quantity of the materials to be removed or to be employed in the performance of the Work;

the nature, quality or quantity of the Plant needed to perform the Work;

all matters concerning access to the Site, power supplies, location of existing services, utilities or materials necessary for the completion of the Work; and

all other matters which could in any way affect their Bid or the performance of the Work.

enquiries which, in the sole judgment of the Contract Administrator, do not require a correction to or a clarification of the RFQ will be provided by the Contract Administrator only to the Bidder who made the enquiry.

The Bidder shall not be entitled to rely on any response or interpretation received pursuant to B4 unless that response or interpretation is provided by the Contract Administrator in writing.

Enquiries

All enquiries shall be directed to the Contract Administrator identified in D3.1.

If the Bidder finds errors, discrepancies or omissions in the RFQ, or is unsure of the meaning or intent of any provision therein, the Bidder shall promptly notify the Contract Administrator of the error, discrepancy or omission at least five (5) Business Days prior to the Submission Deadline.

Responses to enquiries which, in the sole judgment of the Contract Administrator, require a correction to or a clarification of the RFQ will be provided by the Contract Administrator to all Bidders by issuing an addendum.

Responses to enquiries which, in the sole judgment of the Contract Administrator, do not require a correction to or a clarification of the RFQ will be provided by the Contract Administrator only to the Bidder who made the enquiry.

The Bidder shall not be entitled to rely on any response or interpretation received pursuant to B4 unless that response or interpretation is provided by the Contract Administrator in writing.

Confidentiality

Information provided to a Bidder by the City or acquired by a Bidder by way of further enquiries or through investigation is confidential. Such information shall not be used or disclosed in any way without the prior written authorization of the Contract Administrator. The use and disclosure of the confidential information shall not apply to information which:

was known to the Bidder before receipt hereof; or

becomes publicly known other than through the Bidder; or

is disclosed pursuant to the requirements of a governmental authority or judicial order.

The Bidder shall not make any statement of fact or opinion regarding any aspect of the RFQ to the media or any member of the public without the prior written authorization of the Contract Administrator.

Addenda

The Contract Administrator may, at any time prior to the Submission Deadline, issue addenda correcting errors, discrepancies or omissions in the RFQ, or clarifying the meaning or intent of any provision therein.

The Bidder shall acknowledge receipt of each addendum in Paragraph 8 of Form A: Bid. Failure to acknowledge receipt of an addendum may render a Bid non-responsive.

Notwithstanding B4, enquiries related to an Addendum may be directed to the Contract Administrator indicated in D3.

Bid

The Bid shall consist of the following components:

Form A: Bid;

Form B: Prices.

Bid Submission

Bids shall be submitted to:

The City of Winnipeg

^

^

^

Paragraph 11 of Form A: Bid shall be signed.

Bids may be submitted by email to the address above.

Bid

The Bidder shall complete Form A: Bid, making all required entries.

Paragraph 2 of Form A: Bid shall be completed in accordance with the following requirements:

if the Bidder is a sole proprietor carrying on business in their own name, their name shall be inserted;

if the Bidder is a partnership, the full name of the partnership shall be inserted;

if the Bidder is a corporation, the full name of the corporation shall be inserted;

if the Bidder is carrying on business under a name other than their own, the business name and the name of every partner or corporation who is the owner of such business name shall be inserted.

If a Bid is submitted jointly by two or more persons, each and all such persons shall identify themselves in accordance with B9.2.

In Paragraph 3 of Form A: Bid, the Bidder shall identify a contact person who is authorized to represent the Bidder for purposes of the Bid.

Paragraph 11 of Form A: Bid shall be signed in accordance with the following requirements:

if the Bidder is a sole proprietor carrying on business in their own name, it shall be signed by the Bidder;

if the Bidder is a partnership, it shall be signed by the partner or partners who have authority to sign for the partnership;

if the Bidder is a corporation, it shall be signed by their duly authorized officer or officers;

if the Bidder is carrying on business under a name other than their own, it shall be signed by the registered owner of the business name, or by the registered owner's authorized officials if the owner is a partnership or a corporation.

The name and official capacity of all individuals signing Form A: Bid should be printed below such signatures.

If a Bid is submitted jointly by two or more persons, the word "Bidder" shall mean each and all such persons, and the undertakings, covenants and obligations of such joint Bidders in the Bid and the Contract, when awarded, shall be both joint and several.

Prices

The Bidder shall state the lump sum price in Canadian funds for the Work on Form B: Prices.

Notwithstanding C12.2.3(c), prices on Form B: Prices shall not include the Manitoba Retail Sales Tax (MRST, also known as PST), which shall be extra where applicable.

Payments to Non-Resident Contractors are subject to Non-Resident Withholding Tax pursuant to the Income Tax Act (Canada).

The Bidder shall state the lump sum price in Canadian funds for the Work on Form B: Prices.

Notwithstanding C12.2.3(c), prices on Form B: Prices shall not include the Manitoba Retail Sales Tax (MRST, also known as PST), which shall be extra where applicable.

The Bidder shall state a separate price in Canadian funds for each of the following items of Work on Form B: Prices:

Separate Price - Item No. 1 shall be the amount to be deducted from the lump sum price if ^ is substituted for ^ in accordance with ^ of the Specifications;

Separate Price - Item No. 2 shall be the amount to be deducted from the lump sum price if ^ is reduced in accordance with ^ of the Specifications;

Separate Price - Item No. 3 shall be the amount to be deducted from the lump sum price if ^ is deleted in accordance with ^ of the Specifications.

Payments to Non-Resident Contractors are subject to Non-Resident Withholding Tax pursuant to the Income Tax Act (Canada).

Disclosure

Various Persons provided information or services with respect to this Work. In the City’s opinion, this relationship or association does not create a conflict of interest because of this full disclosure. Where applicable, additional material available as a result of contact with these Persons is listed below.

The Persons are:

^

^

Additional Material:

^

Qualification

The Bidder shall:

Be listed on the City of Winnipeg’s Pre-Qualified Bidder’s List for the type of Work being proposed.

have completed the Accessible Customer Service online training required by the Accessibility for Manitobans Act (AMA) (see B12.2 and D5).

Further to B12.1(b), the Bidder acknowledges they and all Subcontractors have obtained training required by the Accessibility for Manitobans Act (AMA) available at Accessibility Training for anyone that may have any interaction with the public on behalf of the City of Winnipeg.

The Bidder shall submit, within three (3) Business Days of a request by the Contract Administrator, proof satisfactory to the Contract Administrator of the qualifications of the Bidder and of any proposed Subcontractor.

The Bidder shall provide, on the request of the Contract Administrator, full access to any of the Bidder's equipment and facilities to confirm, to the Contract Administrator’s satisfaction, that the Bidder's equipment and facilities are adequate to perform the Work.

Conflict of Interest and Good Faith

Further to C3.2, Bidders, by responding to this RFQ, declare that no Conflict of Interest currently exists, or is reasonably expected to exist in the future.

Conflict of Interest means any situation or circumstance where a Bidder or employee of the Bidder proposed for the Work has:

other commitments;

relationships;

financial interests; or

involvement in ongoing litigation;

that could or would be seen to:

exercise an improper influence over the objective, unbiased and impartial exercise of the independent judgment of the City with respect to the evaluation of Bids or award of the Contract; or

compromise, impair or be incompatible with the effective performance of a Bidder’s obligations under the Contract;

has contractual or other obligations to the City that could or would be seen to have been compromised or impaired as a result of their participation in the RFQ process or the Work; or

has knowledge of confidential information (other than confidential information disclosed by the City in the normal course of the RFQ process) of strategic and/or material relevance to the RFQ process or to the Work that is not available to other bidders and that could or would be seen to give that Bidder an unfair competitive advantage.

In connection with their Bid, each entity identified in B13.2 shall:

avoid any perceived, potential or actual Conflict of Interest in relation to the procurement process and the Work;

upon discovering any perceived, potential or actual Conflict of Interest at any time during the RFQ process, promptly disclose a detailed description of the Conflict of Interest to the City in a written statement to the Contract Administrator; and

provide the City with the proposed means to avoid or mitigate, to the greatest extent practicable, any perceived, potential or actual Conflict of Interest and shall submit any additional information to the City that the City considers necessary to properly assess the perceived, potential or actual Conflict of Interest.

Without limiting B13.3, the City may, in their sole discretion, waive any and all perceived, potential or actual Conflicts of Interest. The City’s waiver may be based upon such terms and conditions as the City, in their sole discretion, requires to satisfy itself that the Conflict of Interest has been appropriately avoided or mitigated, including requiring the Bidder to put into place such policies, procedures, measures and other safeguards as may be required by and be acceptable to the City, in their sole discretion, to avoid or mitigate the impact of such Conflict of Interest.

Without limiting B13.3, and in addition to all contractual or other rights or rights at law or in equity or legislation that may be available to the City, the City may, in their sole discretion:

disqualify a Bidder that fails to disclose a perceived, potential or actual Conflict of Interest of the Bidder or any of their employees proposed for the Work;

require the removal or replacement of any employees proposed for the Work that has a perceived, actual or potential Conflict of Interest that the City, in their sole discretion, determines cannot be avoided or mitigated;

disqualify a Bidder or employees proposed for the Work that fails to comply with any requirements prescribed by the City pursuant to B13.4 to avoid or mitigate a Conflict of Interest; and

disqualify a Bidder if the Bidder, or one of their employees proposed for the Work, has a perceived, potential or actual Conflict of Interest that, in the City’s sole discretion, cannot be avoided or mitigated, or otherwise resolved.

The final determination of whether a perceived, potential or actual Conflict of Interest exists shall be made by the City, in their sole discretion.

Irrevocable Bid

The Bid(s) submitted by the Bidder shall be irrevocable for the time period specified in Paragraph 9 of Form A: Bid.

The acceptance by the City of any Bid shall not release the Bids of the next two lowest evaluated responsive Bidders and these Bidders shall be bound by their Bids on such Work until a Contract for the Work has been duly formed and the contract securities have been furnished as herein provided, but any Bid shall be deemed to have lapsed unless accepted within the time period specified in Paragraph 9 of Form A: Bid.

Evaluation of Bids

Award of the Contract shall be based on the following bid evaluation criteria:

compliance by the Bidder with the requirements of the Quote (pass/fail);

qualifications of the Bidder and the Subcontractors, if any, pursuant to B12 (pass/fail);

Total Bid Price;

Further to B15.1(a), the Award Authority may reject a Bid as being non-responsive if the Bid Submission is incomplete, obscure or conditional, or contains additions, deletions, alterations or other irregularities. The Award Authority may reject all or any part of any Bid, or waive technical requirements or minor informalities or irregularities if the interests of the City so require.

Further to B15.1(b), the Award Authority shall reject any Bid submitted by a Bidder who does not demonstrate, in their Bid Submission or in other information required to be submitted, that they are qualified.

Further to B15.1(c), where the Total Bid Price exceeds the funds stated in D1.2, the City may determine that no award will be made.

Further to B15.1(c), the Total Bid Price shall be the lump sum price shown on Form B: Prices.

Further to B15.1(c), the Total Bid Price shall be the lump sum price shown on Form B: Prices adjusted, if necessary, as follows:

if the lowest evaluated responsive Bid submitted by a responsible and qualified Bidder is within the budgetary provision for the Work, no adjustment will be made to the lump sum price bid; or

if the lowest evaluated responsive Bid submitted by a responsible and qualified Bidder exceeds the budgetary provision for the Work, the lump sum prices of all responsive Bids submitted by responsible and qualified Bidders will be adjusted by progressively deducting separate prices in the order listed in 0 until a Total Bid Price within the budgetary provision is achieved, i.e., Total Bid Price = Lump Sum Price - Separate Price No. 1 - Separate Price No. 2 - ... - Separate Price No. ^.

Award of Contract

The City will give notice of the award of the Contract or will give notice that no award will be made.

The City will have no obligation to award a Contract to a Bidder, even though one or all of the Bidders are determined to be qualified, and the Bids are determined to be responsive.

Without limiting the generality of B16.2, the City will have no obligation to award a Contract where:

the prices exceed the available City funds for the Work;

the prices are materially in excess of the prices received for similar work in the past;

the prices are materially in excess of the City’s cost to perform the Work, or a significant portion thereof, with their own forces;

only one Bid is received; or

in the judgment of the Award Authority, the interests of the City would best be served by not awarding a Contract.

Where an award of Contract is made by the City, the award shall be made to the qualified Bidder submitting the lowest evaluated responsive Bid, in accordance with B14.

Notwithstanding C4, the City will issue a purchase order to the successful Bidder in lieu of the execution of a Contract.

The Contract Documents, as defined in C1.1(p), in their entirety shall be deemed to be incorporated in and to form a part of the purchase order notwithstanding that they are not necessarily attached to or accompany said purchase order.

Following the award of contract, a Bidder will be provided with information related to the evaluation of their Bid upon written request to the Contract Administrator.

General Conditions

General Conditions

The General Conditions for Construction (Revision 2020-01-31) are applicable to the Work of the Contract.

The General Conditions for Construction are available on the Information Connection page at The City of Winnipeg, Corporate Finance, Purchasing Division website at http://www.winnipeg.ca/matmgt/gen_cond.stm.

A reference in the Quote/Project to a section, clause or subclause with the prefix “C” designates a section, clause or subclause in the General Conditions for Construction.

Supplemental Conditions

General

Scope of Work

The Work to be done under the Contract shall consist of ^

The funds available for this Contract are ^

Site Investigation Due Diligence and Risk

Notwithstanding C3.1, the Contractor acknowledges that the site investigation reports and other site information included in this RFQ have been provided to it and may be relied upon by the Contractor to the extent that the Contractor uses Good Industry Practice in interpreting such report(s) and site information and carries out the Work in accordance with Good Industry Practice based upon such report(s) and the information contained in them and such other site information. In the event that a site condition related to:

the location of any utility which can be determined from the records or other information available at the offices of any public authority or person, including a municipal corporation and any board or commission thereof, having jurisdiction or control over the utility;

the Site conditions, including but not limited to subsurface hazardous materials or other concealed physical conditions;

the location, nature, quality or quantity of the materials to be removed or to be employed in the performance of the Work;

the nature, quality or quantity of the Plant needed to perform the Work;

all matters concerning access to the Site, power supplies, location of existing services, utilities or materials necessary for the completion of the Work; and

all other matters which could in any way affect the performance of the Work;

that could not have been “properly inferable”, “readily apparent” and readily discoverable” using Good Industry Practice by the Contractor, results in additional Work which is a direct result of this newly discovered site condition, such additional Work will be considered by the City under Changes in Work.

Definitions

When used in this RFQ:

”Supply Chain Disruption” means an inability by the Contractor to obtain goods or services from third parties necessary to perform the Work of the Contract within the schedule specified therein, despite the Contractor making all reasonable commercial efforts to procure same. Contractors are advised that increased costs do not, in and of themselves, amount to a Supply Chain Disruption

Contract Administrator

The Contract Administrator is:

^

^

Telephone No.	204 ^

Facsimile No.	204 ^

Accessible Customer Service Requirements

The Accessibility for Manitobans Act (AMA) imposes obligations on The City of Winnipeg to provide accessible customer service to all persons in accordance with the Customer Service Standard Regulation (“CSSR”) to ensure inclusive access and participation for all people who live, work or visit Winnipeg regardless of their abilities.

The Contractor agrees to comply with the accessible customer service obligations under the CSSR and further agrees that when providing the Goods or Services or otherwise acting on the City of Winnipeg’s behalf, shall comply with all obligations under the AMA applicable to public sector bodies.

The accessible customer service obligations include, but are not limited to:

providing barrier-free access to goods and services;

providing reasonable accommodations;

reasonably accommodating assistive devices, support persons, and support animals;

providing accessibility features e.g. ramps, wide aisles, accessible washrooms, power doors and elevators;

inform the public when accessibility features are not available;

providing a mechanism or process for receiving and responding to public feedback on the accessibility of all goods and services; and

providing adequate training of staff and documentation of same.

Unfair Labour Practices

Further to C3.2, the Contractor declares that in bidding for the Work and in entering into this Contract, the Contractor and any proposed Subcontractor(s) conduct their respective business in accordance with established international codes embodied in United Nations Universal Declaration of Human Rights (UDHR) https://www.un.org/en/about-us/universal-declaration-of-human-rights International Labour Organization (ILO) https://www.ilo.org/global/lang--en/index.htm conventions as ratified by Canada.

The City of Winnipeg is committed and requires its Contractors and their Subcontractors, to be committed to upholding and promoting international human and labour rights, including fundamental principles and rights at work covered by ILO eight (8) fundamental conventions and the United Nations Universal Declaration of Human Rights which includes child and forced labour.

Upon request from the Contract Administrator, the Contractor shall provide disclosure of the sources (by company and country) of the raw materials used in the Work and a description of the manufacturing environment or processes (labour unions, minimum wages, safety, etc.).

Failure to provide the evidence required under D6.3, may be determined to be an event of default in accordance with C18.

In the event that the City, in its sole discretion, determines the Contractor to have violated the requirements of this section, it will be considered a fundamental breach of the Contract and the Contractor shall pay to the City a sum specified by the Contract Administrator in writing (“Unfair Labour Practice Penalty”). Such a violation shall also be considered an Event of Default, and shall entitle the City to pursue all other remedies it is entitled to in connection with same pursuant to the Contract.

The Unfair Labour Practice Penalty shall be such a sum as determined appropriate by the City, having due regard to the gravity of the Contractor’s violation of the above requirements, any cost of obtaining replacement goods/ services or rectification of the breach, and the impact upon the City’s reputation in the eyes of the public as a result of same.

The Contractor shall pay the Unfair Labour Practice Penalty to the City within thirty (30) Calendar Days of receiving a demand for same in accordance with D6.5. The City may also hold back the amount of the Unfair Labour Practice Penalty from payment for any amount it owes the Contractor.

The obligations and rights conveyed by this clause survive the expiry or termination of this Contract, and may be exercised by the City following the performance of the Work, should the City determine, that a violation by the Contractor of the above clauses has occurred following same. In no instance shall the Unfair Labour Practice Penalty exceed the total of twice the Contract value.

Submissions

Safe Work Plan

The Contractor shall provide the Contract Administrator with a Safe Work Plan at least five (5) Business Days prior to the commencement of any Work on the Site but in no event later than the date specified in C4.1 for the return of the executed Contract Documents, if applicable.

The Safe Work Plan should be prepared and submitted in the format shown in the City’s template which is available on the Information Connection page at The City of Winnipeg, Corporate Finance, Purchasing Division website at http://www.winnipeg.ca/matmgt/Safety/default.stm

Schedule of Work

Commencement

The Contractor shall not commence any Work until they are in receipt of a Purchase Order from the Award Authority authorizing the commencement of the Work.

Substantial Performance

The Contractor shall achieve Substantial Performance within ^ (^) consecutive Working Days of the commencement of the Work as specified in D8.

When the Contractor considers the Work to be substantially performed, the Contractor shall arrange, attend and assist in the inspection of the Work with the Contract Administrator for purposes of verifying Substantial Performance. Any defects or deficiencies in the Work noted during that inspection shall be remedied by the Contractor at the earliest possible instance and the Contract Administrator notified so that the Work can be reinspected.

The date on which the Work has been certified by the Contract Administrator as being substantially performed to the requirements of the Contract through the issue of a certificate of Substantial Performance is the date on which Substantial Performance has been achieved.

The Contractor shall achieve Substantial Performance by ^.

When the Contractor considers the Work to be substantially performed, the Contractor shall arrange, attend and assist in the inspection of the Work with the Contract Administrator for purposes of verifying Substantial Performance. Any defects or deficiencies in the Work noted during that inspection shall be remedied by the Contractor at the earliest possible instance and the Contract Administrator notified so that the Work can be reinspected.

The date on which the Work has been certified by the Contract Administrator as being substantially performed to the requirements of the Contract through the issue of a certificate of Substantial Performance is the date on which Substantial Performance has been achieved.

Total Performance

The Contractor shall achieve Total Performance within ^ (^) consecutive Working Days of the commencement of the Work as specified in D8.

When the Contractor or the Contract Administrator considers the Work to be totally performed, the Contractor shall arrange, attend and assist in the inspection of the Work with the Contract Administrator for purposes of verifying Total Performance. Any defects or deficiencies in the Work noted during that inspection shall be remedied by the Contractor at the earliest possible instance and the Contract Administrator notified so that the Work can be reinspected.

The date on which the Work has been certified by the Contract Administrator as being totally performed to the requirements of the Contract through the issue of a certificate of Total Performance is the date on which Total Performance has been achieved.

The Contractor shall achieve Total Performance by ^.

When the Contractor or the Contract Administrator considers the Work to be totally performed, the Contractor shall arrange, attend and assist in the inspection of the Work with the Contract Administrator for purposes of verifying Total Performance. Any defects or deficiencies in the Work noted during that inspection shall be remedied by the Contractor at the earliest possible instance and the Contract Administrator notified so that the Work can be reinspected.

The date on which the Work has been certified by the Contract Administrator as being totally performed to the requirements of the Contract through the issue of a certificate of Total Performance is the date on which Total Performance has been achieved.

Liquidated Damages

If the Contractor fails to achieve Substantial Performance in accordance with the Contract by the day fixed herein for Substantial Performance, the Contractor shall pay the City ^ dollars ($^) per Working Day for each and every Working Day following the day fixed herein for Substantial Performance during which such failure continues.

The amount specified for liquidated damages in D11.1 is based on a genuine pre-estimate of the City's damages in the event that the Contractor does not achieve Substantial Performance by the day fixed herein for same.

The City may reduce any payment to the Contractor by the amount of any liquidated damages assessed.

If the Contractor fails to achieve Total Performance in accordance with the Contract by the day fixed herein for Total Performance, the Contractor shall pay the City ^ dollars ($^) per Working Day for each and every Working Day following the day fixed herein for Total Performance during which such failure continues.

The amount specified for liquidated damages in D11.1 is based on a genuine pre-estimate of the City's losses in the event that the Contractor does not achieve Total Performance by the day fixed herein for same.

The City may reduce any payment to the Contractor by the amount of any liquidated damages assessed.

Payment

Further to C12, the City shall make payments to the Contractor by direct deposit to the Contractor’s banking institution, and by no other means. Payments will not be made until the Contractor has made satisfactory direct deposit arrangements with the City. Direct deposit application forms are at https://winnipeg.ca/finance/files/Direct_Deposit_Form.pdf

Supply Chain Disruption Schedule Delays

The City acknowledges that the schedule for this Contract may be impacted by Supply Chain Disruption. Commencement and progress of the Work shall be performed by the Contractor with due consideration to the delivery requirements and schedule identified in the Contract, in close consultation with the Contract Administrator.

If the Contractor is delayed in the performance of the Work by reason of Supply Chain Disruption, the Work schedule may be adjusted by a period of time equal to the time lost due to such delay and costs related to such delay will be determined as identified herein..

A minimum of seven (7) Calendar Days prior to the commencement of Work, the Contractor shall declare whether a Supply Chain Disruption will affect the start date. The Contractor shall provide sufficient evidence that the delay is directly related to a Supply Chain Disruption, including but not limited to evidence related to ordering of Material or Goods, production and/or manufacturing schedules or availability of staff as appropriate.

For any delay related to Supply Chain Disruption and identified after Work has commenced, the Contractor shall within seven (7) Calendar Days of becoming aware of the anticipated delay declare the additional delay and shall provide sufficient evidence as indicated in D13.3. Failure to provide this notice will result in no additional time delays being considered by the City.

The Work schedule, including the durations identified in D9 to D10 where applicable, will be adjusted to reflect delays accepted by the Contract Administrator. No additional payment will be made for adjustment of schedules except where seasonal work, not previously identified in the Contract, is carried over to the following construction season.

Where Work not previously identified is being carried over solely as a result of delays related to Supply Chain Disruption, as confirmed by the Contract Administrator, the cost of temporary works to maintain the Work in a safe manner until Work recommences, will be considered by the Contract Administrator. Where the Work is carried over only partially due to Supply Chain Disruption, a partial consideration of the cost of temporary works will be considered by the Contract Administrator.

Any time or cost implications as a result of Supply Chain Disruption and in accordance with the above, as confirmed by the Contract Administrator, shall be documented in accordance with C7.

Warranty

Warranty

Warranty is as stated in C13.

Notwithstanding C13.2, the warranty period shall begin on the date of Total Performance and shall expire two (2) years thereafter unless extended pursuant to C13.2.1 or C13.2.2, in which case it shall expire when provided for thereunder.

Notwithstanding C13.2 or D14.1, the Contract Administrator may permit the warranty period for a portion or portions of the Work to begin prior to the date of Total Performance if:

a portion of the Work cannot be completed because of unseasonable weather or other conditions reasonably beyond the control of the Contractor but that portion does not prevent the balance of the Work from being put to its intended use.

In such case, the date specified by the Contract Administrator for the warranty period to begin shall be substituted for the date specified in C13.2 for the warranty period to begin.

Notwithstanding C13.2, the warranty period shall begin on the date of Substantial Performance and shall expire one (1) year thereafter unless extended pursuant to C13.2.1 or C13.2.2, in which case it shall expire when provided for thereunder.

Notwithstanding C13.2 or D14.1, the Contract Administrator may permit the warranty period for a portion or portions of the Work to begin prior to the date of Substantial Performance if:

a portion of the Work cannot be completed because of unseasonable weather or other conditions reasonably beyond the control of the Contractor but that portion does not prevent the balance of the Work from being put to its intended use.

In such case, the date specified by the Contract Administrator for the warranty period to begin shall be substituted for the date specified in C13.2 for the warranty period to begin.

^

Notwithstanding C13.2, the Contract Administrator may permit the warranty period for a portion or portions of the Work to begin prior to the date of Total Performance if:

a portion of the Work cannot be completed because of unseasonable weather or other conditions reasonably beyond the control of the Contractor but that portion does not prevent the balance of the Work from being put to its intended use.

In such case, the date specified by the Contract Administrator for the warranty period to begin shall be substituted for the date specified in C13.2 for the warranty period to begin.

Notwithstanding C13.2, the warranty period shall begin on the date of Total Performance and shall expire one (1) year thereafter, except where longer warranty periods are specified in the respective Specification sections, unless extended pursuant to C13.2.1 or C13.2.2, in which case it shall expire when provided for thereunder.

Notwithstanding C13.2, the Contract Administrator may permit the warranty period for a portion or portions of the Work to begin prior to the date of Total Performance if a portion of the Work cannot be completed because of unseasonable weather or other conditions reasonably beyond the control of the Contractor but that portion does not prevent the balance of the Work from being put to its intended use.

In such case, the date specified by the Contract Administrator for the warranty period to begin shall be substituted for the date specified in C13.2 for the warranty period to begin.

Dispute Resolution

Dispute Resolution

If the Contractor disagrees with any opinion, determination, or decision of the Contract Administrator, the Contractor shall act in accordance with the Contract Administrator’s opinion, determination, or decision unless and until same is modified by the process followed by the parties pursuant to D15.

The entire text of C21.4 is deleted, and amended to read: “Intentionally Deleted”

The entire text of C21.5 is deleted, and amended to read:

If Legal Services has determined that the Disputed Matter may proceed in the Appeal Process, the Contractor must, within ten (10) Business Days of the date of the Legal Services Response Letter, submit their written Appeal Form, in the manner and format set out on the City’s Purchasing Website, to the Chief Administrative Officer, and to the Contract Administrator. The Contractor may not raise any other disputes other than the Disputed Matter in their Appeal Form.

Further to C21, prior to the Contract Administrator’s issuance of a Final Determination, the following informal dispute resolution process shall be followed where the Contractor disagrees with any opinion, determination, or decision of the Contract Administrator (“Dispute”):

In the event of a Dispute, attempts shall be made by the Contract Administrator and the Contractor’s equivalent representative to resolve Disputes within the normal course of project dealings between the Contract Administrator and the Contractor’s equivalent representative.

Disputes which in the reasonable opinion of the Contract Administrator or the Contractor’s equivalent representative cannot be resolved within the normal course of project dealings as described above shall be referred to a without prejudice escalating negotiation process consisting of, at a minimum, the position levels as shown below and the equivalent Contractor representative levels:

The Contract Administrator;

Supervisory level between the Contract Administrator and applicable Department Head;

Department Head.

Names and positions of Contractor representatives equivalent to the above City position levels shall be determined by the Contractor and communicated to the City at the pre-commencement or kick off meeting.

As these negotiations are not an adjudicative hearing, neither party may have legal counsel present during the negotiations.

Both the City and the Contractor agree to make all reasonable efforts to conduct the above escalating negotiation process within twenty (20) Business Days, unless both parties agree, in writing, to extend that period of time.

If the Dispute is not resolved to the City and Contractor’s mutual satisfaction after discussions have occurred at the final escalated level as described above, or the time period set out in D15.4.3, as extended if applicable, has elapsed, the Contract Administrator will issue a Final Determination as defined in C1.1(v), at which point the parties will be governed by the Dispute Resolution process set out in C21.

Indemnity

Indemnity

Indemnity shall be as stated in C17.

Notwithstanding C17.1, the Contractor shall save harmless and indemnify the City in the amount of twice the Contract Price or five million dollars ($5,000,000), whichever is greater, against all costs, damages or expenses arising from actions, claims, demands and proceedings, by whomsoever brought, made or taken as a result of negligent acts or negligent omissions of the Contractor, their Subcontractors, employees or agents in the performance or purported performance of the Work, and more particularly from:

accidental injury to or death of any person whether retained by or in the employ of the contractor or not, arising directly or indirectly by reason of the performance of the Work, or by reason of any trespass on or damage to property;

damage to any property owned in whole or in part by the City, or which the City by duty or custom is obliged, directly or indirectly, in any way or to any degree, to construct, repair or maintain;

damage to, or trespass or encroachment upon, property owned by persons other than the City;

any claim for lien or trust claim served upon the City pursuant to The Builders’ Liens Act;

failure to pay a Workers Compensation assessment, or Federal or Provincial taxes;

unauthorized use of any design, device, material or process covered by letters patent, copyright, trademark or trade name in connection with the Work;

inaccuracies in any information provided to the City by the Contractor.

Further to C17, The City shall save harmless and indemnify the Contractor in the amount of twice the Contract Price or five million dollars ($5,000,000), whichever is greater, against all costs, damages or expenses arising from actions, claims, demands and proceedings, by whomsoever brought, made or taken as a result of negligent acts or negligent omissions of the City, their employees or agents in the performance of its obligation under the Contract.

Specifications

General

Applicable Specifications And Drawings

The City of Winnipeg Standard Construction Specifications in its entirety, whether or not specifically listed on Form B: Prices, shall apply to the Work.

The City of Winnipeg Standard Construction Specifications is available on the Information Connection page at The City of Winnipeg, Corporate Finance, Purchasing Division website at http://www.winnipeg.ca/matmgt/Spec/Default.stm .

The version in effect three (3) Business Days before the Submission Deadline shall apply.

Further to C2.4(d), Specifications included in the Quote shall govern over The City of Winnipeg Standard Construction Specifications.

The attached specifications are applicable to the work.

The following are applicable to the Work:

Specification No.	Specification Title
Table of Contents

Drawing No.	Drawing Name/Title
Cover Sheet

^

Security Clearance

Security Clearance

Each individual proposed to perform Work under the Contract shall be required to obtain a Police Information Check from the police service having jurisdiction at their place of residence. This can be obtained from one of the following;

police service having jurisdiction at their place of residence; or

Sterling BackCheck – for existing account holders, log into your account to send individual invitations to employees requiring security clearance. For those that do not have an account, click on the following link to open an account: https://forms.sterlingbackcheck.com/partners/platform2-en.php?&partner=winnipegcity ; or

Commissionaires (Manitoba Division), forms to be completed can be found on the website at: https://www.commissionaires.ca/en/manitoba/home ; or

Fastcheck Criminal Record & Fingerprint Specialists, forms to be completed can be found on the website at: https://myfastcheck.com

The following is a link to information for obtaining the Police Information Check including the Vulnerable Sector screening from the City of Winnipeg Police Service. http://winnipeg.ca/police/pr/PIC.stm

The Police Information Check shall include a Vulnerable Sector Screening. This can be obtained by following the link below http://winnipeg.ca/police/pr/PIC.stm .

Individuals will need to state in the form, that they may be working in City of Winnipeg pools, libraries and community centres;

The original Police Information Check (Form P–612) will be provided by the Winnipeg Police Service to the individual applicant. The original has a validation sticker from the Winnipeg Police Service in the top right hand corner. The applicant shall:

Provide the original Police Information Check (Form P–612) to the Contract Administrator.

Prior to the award of Contact, and during the term of the Contract if additional or replacement individuals are proposed to perform Work, the Contractor shall supply the Contract Administrator with a Police Information Check obtained not earlier than one (1) year prior to the Submission Deadline, or a certified true copy thereof, for each individual proposed to perform the Work.

Any individual for whom a Police Information Check is not provided, or for whom a Police Information Check indicates any convictions or pending charges related to property offences or crimes against another person will not be permitted to perform any Work.

Any Police Information Check obtained thereby will be deemed valid for the duration of the Contract subject to a repeated records search as hereinafter specified.

Notwithstanding the foregoing, at any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require an updated Police Information Check. Any individual who fails to provide a satisfactory Police Information Check as a result of a repeated Police Information Check will not be permitted to continue to perform any Work.

Each individual proposed to perform the following portions of the Work:

any Work on private property;

any Work within City facilities other than:

an underground structure such as a manhole;

in areas and at times normally open to the public;

^;

communicating with residents and homeowners in person or by telephone;

^;

^;

Each Individual shall be required to obtain a Police Information Check from the police service having jurisdiction at their place of residence. Or

Sterling BackCheck – for existing account holders, log into your account to send individual invitations to employees requiring security clearance. For those that do not have an account, click on the following link to open an account: https://forms.sterlingbackcheck.com/partners/platform2-en.php?&partner=winnipegcity; or

Commissionaires (Manitoba Division), forms to be completed can be found on the website at: https://www.commissionaires.ca/en/manitoba/home; or

FASTCHECK Criminal Record & Fingerprint Specialists, forms to be completed can be found on the website at: https://myfastcheck.com

The following is a link to information for obtaining the Police Information Check from the City of Winnipeg Police Service. http://winnipeg.ca/police/pr/PIC.stm

The Police Information Check shall include a Vulnerable Sector Screening. This can be obtained by following the link below http://winnipeg.ca/police/pr/PIC.stm

Individuals will need to state in the form, that they may be working in City of Winnipeg pools, libraries and community centres;

The original Police Information Check (Form P–612) will be provided by the Winnipeg Police Service to the individual applicant. The original has a validation sticker from the Winnipeg Police Service in the top right hand corner. The applicant shall:

Provide the original Police Information Check (Form P–612) to the Contract Administrator.

Prior to the award of Contact, and during the term of the Contract if additional or replacement individuals are proposed to perform Work, the Contractor shall supply the Contract Administrator with a Police Information Check obtained not earlier than one (1) year prior to the Submission Deadline, or a certified true copy thereof, for each individual proposed to perform such Work.

Any individual for whom a Police Information Check is not provided, or for whom a Police Information Check indicates any convictions or pending charges related to property offences or crimes against another person will not be permitted to perform any Work specified in F1.1.

Any Police Information Check obtained thereby will be deemed valid for the duration of the Contract subject to a repeated records search as hereinafter specified.

Notwithstanding the foregoing, at any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require an updated Police Information Check. Any individual who fails to provide a satisfactory Police Information Check as a result of a repeated Police Information Check will not be permitted to continue to perform any Work specified in F1.1.

Each individual proposed to perform the following portions of the Work:

^;

^;

^;

shall be required to obtain a Child Abuse Registry check from the Manitoba Child Abuse Registry.

Prior to the award of Contact, and during the term of the Contract if additional or replacement individuals are proposed to perform Work, the Contractor shall supply the Contract Administrator with a satisfactory Child Abuse Registry Self-Check – Information and Results obtained not earlier than one (1) year prior to the Submission Deadline, or a certified true copy thereof, for each individual proposed to perform such Work.

Any individual for whom a Child Abuse Registry result is not provided, or for whom a Child Abuse Registry result indicates the subject is listed on the Manitoba Child Abuse Registry, will not be permitted to perform any Work specified in F1.1.

Any Child Abuse Registry result obtained thereby will be deemed valid for the duration of the Contract subject to a repeated Child Abuse Registry check as hereinafter specified.

Notwithstanding the foregoing, at any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require an updated Child Abuse Registry check. Any individual who fails to provide a satisfactory Child Abuse Registry result as a result of a repeated Child Abuse Registry check will not be permitted to continue to perform any Work specified in F1.1.

Each individual proposed to perform Work under this Contract within facilities associated with the water supply, treatment and distribution system including the Shoal Lake Intake Facility, Shoal Lake Aqueduct, Deacon Reservoir, Water Treatment Plant, Regional Pumping Stations, and Booster Pumping Stations shall be required to obtain a Global Sanctions & PEP Check and a Police Information Check as detailed below.

The Global Sanctions & PEP Check must be obtained through Sterling BackCheck.

A Sterling BackCheck account must be setup 72 hours prior to individual security clearances to allow sufficient time for activation of the contracting company’s account. If the contracting company has an existing City of Winnipeg Sterling Backcheck vendor account, they may skip to (d) below.

An authorized individual of the contracting company must complete the Sterling Backcheck Setup Form. There is no cost to the organization to set up the account. Click on the link below, complete the form, and hit submit. **(This form is to be completed by the company, not by the employee requiring the security clearances). https://forms.sterlingbackcheck.com/partners/platform2-en.php?&partner=winnipegcity

Within 48 hours of completing the Sterling Backcheck Setup Form, the authorized individual of the contracting company will receive a Username and Password for Sterling Backcheck. It will appear in their inbox as a “Welcome to Sterling Backcheck” email. Upon receipt, the authorized individual of the contracting company will be asked to login to the Sterling Backcheck website to set their security questions and password. Once completed, individual security clearance requests can be submitted.

In order to run a Global Sanctions & PEP Check and/or a Police Information Check, follow the steps below:

Click on the sub-tab labelled “Order eConsent”.

Fill out the required information about the employee proposed to perform Work under this Contract within City facilities (the person that requires the security clearances).

Select your location under the “Order Information” section and enter the organization’s phone number, if required.

Select the required individual service(s) in the dropdown menu under the “Select Services” section. If both the Global Sanctions & PEP Check and the Police Information Check are required, select the Sterling Backcheck Package One (with electronic identity verification). Once selected, both the Global Sanctions & PEP Check and the Police Information Check should have a grey check mark beside them.

Scroll down to the bottom and click the blue “Submit” button. The employee proposed to perform Work under this Contract within City facilities will be invited to complete their security clearance.

The employee will receive the invitation and must click on the link and complete their Global Sanctions & PEP Check and/or Police Information Check.

The results of the Global Sanctions & PEP Check and/or Police Information Check will go directly to the City of Winnipeg and to the authorized individual of the contracting company within 24 hours.

Any questions related to the Sterling BackCheck process can be directed to Linda Ferens at 204-999-0912 or by email at: linda.ferens@sterlingcheck.com OR managedsupport@sterlingcheck.com

The Police Information Check must be obtained from one of the following:

Sterling BackCheck;

See F1.1.1(a) thru (e) for instructions on how to set up an account and submit individuals for security checks; or

A police service having jurisdiction at their place of residence;

The original Police Information Check (Form P–612) will be provided by the Winnipeg Police Service to the individual applicant. The original has a validation sticker from the Winnipeg Police Service in the top right hand corner.

The applicant shall provide the original Police Information Check (Form P–612) to the Contract Administrator; or

Commissionaires (Manitoba Division);

Forms to be completed can be found on the website at: https://www.commissionaires.ca/en/manitoba/home

The applicant shall provide the original Police Information Check to the Contract Administrator; or

FASTCHECK Criminal Record & Fingerprint Specialists;

Forms to be completed can be found on the website at: https://myfastcheck.com

The applicant shall provide the original Police Information Check to the Contract Administrator.

Any individual for whom a Global Sanctions & PEP Check and/or a Police Information Check is not provided will not be permitted to perform any Work.

Individuals for whom a Global Sanctions & PEP Check indicates “CLEAR” and a Police Information Check demonstrates no previous convictions or pending charges will be permitted to perform Work as specified in F1.1.

Individuals for whom a Global Sanctions & PEP Check does not indicate “CLEAR” and/or a Police Information Check demonstrates previous convictions or pending charges may not be permitted to perform any Work as specified in F1.1.

Previous convictions or pending charges may be investigated and a determination will be made by the City as to whether the individual will be permitted to perform any Work.

Convictions or pending charges that may preclude an individual from performing any Work include but are not limited to:

convictions or pending charges related to property offences; and/or

convictions or pending charges related to crimes against another person.

Where additional investigation related to a Global Sanctions & PEP Check or a Police Information Check is required by the City, no extension to critical stages, Substantial Performance, or Total Performance, as applicable, will be provided.

Additional investigation by the City may take upwards of six weeks.

Prior to the award of Contract, and during the term of the Contract, if additional or replacement individuals are proposed to perform Work within City facilities, the Contractor shall supply the Contract Administrator with a Global Sanctions & PEP Check and a Police Information Check satisfactory to the City obtained not earlier than one (1) year prior to the Submission Deadline, or a certified true copy thereof, for each individual proposed to perform the Work.

Any Global Sanctions & PEP Check and Police Information Check determined to be satisfactory to the City will be deemed valid for the duration of the Contract subject to a repeated records search as hereinafter specified.

Notwithstanding the foregoing, at any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require an updated Global Sanctions & PEP Check and/or a Police Information Check. Any individual F1.1 who fails to provide a Global Sanctions & PEP Check and/or a Police Information Check satisfactory to the City as a result of a repeated records search will not be permitted to continue to perform any Work as specified in F1.1.

Security Clearance for Site Investigations at Winnipeg Police Service Buildings or Stations

The City will conduct a Level One Security Clearance Check for:

owner(s), members of the Board of Directors and persons with controlling interest in the company; and

any individual proposed to perform Work under the Contract for the Winnipeg Police Service.

Each individual listed in F1.1 shall submit the required information and form to the Winnipeg Police Service Division 30 Security Section Supervisor at Main Floor, 245 Smith Street;

A completed Form P-608: Security Clearance Check authorization form available at https://www.winnipeg.ca/matmgt/templates/information.stm#securitycheck. Form P-608 must be signed and dated. (only page 1 of P-608 required for Level One)

Any company for whom a satisfactory Level One Security Clearance is not obtained for any individual proposed to do the Work, all owner(s), member(s) of the Board of Directors, and persons with controlling interest in the company will not be allowed to attend the Site Investigation and will not be qualified for award of Contract.

Any satisfactory Security Clearance obtained thereby will be deemed valid for one (1) year from the date of clearance.

Each individual attending the Site Investigation for Winnipeg Police Service Buildings or Stations shall provide photo identification upon entry, in order that their Level One security clearance can be verified.

If a person fails a Winnipeg Police Service security clearance check at any level, they will not be able to apply for another clearance for 2 years.

Security Clearance for Work at Winnipeg Police Service Buildings or Stations

The City will conduct a Level Two Security Clearance Check for:

owner(s), members of the Board of Directors and persons with controlling interest in the company; and

any individual proposed to perform Work under the Contract for the Winnipeg Police Service.

The Contractor shall provide the Contract Administrator with:

a list of individuals identified in F1.1;

in the case of additional or replacement individuals during the term of the Contract, at least thirty (30) Calendar Days before they assume their controlling role within the company or are proposed to commence Work for the Winnipeg Police Service.

A completed Form P-608: Security Clearance Check authorization form available at https://www.winnipeg.ca/matmgt/templates/information.stm#securitycheck . Form P-608 must be signed and dated.

Signature of Witness shall be signed by the contact person stated on Paragraph 3 of Form A: Bid/Proposal.

Each individual shall submit the required information and form to the Winnipeg Police Service Division 30 Security Section Supervisor at Main Floor, 245 Smith Street:

in the case of an additional or replacement individual during the term of the Contract, at least thirty (30) Calendar Days before they assume their controlling role within the company or are proposed to commence Work for the Winnipeg Police Service.

Any company for whom a satisfactory Level Two Security Clearance is not obtained for all owner(s), member(s) of the Board of Directors; and persons with controlling interests in the company will not be qualified for award of Contract.

Any individual proposed to do the Work for whom a satisfactory Level Two Security Clearance is not obtained will not be permitted to perform any Work for Winnipeg Police Service.

Any satisfactory Security Clearance obtained thereby will be deemed valid for one (1) year from the date of clearance, subject to a repeated Security Clearance Check as hereinafter specified.

Each individual doing Work in a Winnipeg Police Service Facility shall provide photo identification upon entry, in order that their Level Two security clearance can be verified.

Notwithstanding the foregoing, at any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require a further Security Clearance Check.

The Contract will be terminated with any Contractor should any owner(s), member(s) of the Board of Directors; or persons with controlling interest in the company fail to obtain a satisfactory Security Clearance Check as a result of a repeated Security Clearance Check.

Any individual who fails to obtain a satisfactory Security Clearance Check as a result of a repeated Security Clearance Check will not be permitted to continue to perform Work under the Contract for the Winnipeg Police Service.

If a person fails a Winnipeg Police Service security clearance check at any level, they will not be able to apply for another clearance for 2 years.