THE CITY OF WINNIPEG

TENDER

Tender NO. Click or tap here to enter text.

Click or tap here to enter text.

TABLE OF CONTENTS

PART A - BID SUBMISSION

Form A: Bid/Proposal

Form B: Prices

PART B - Bidding Procedures

B1.	Contract Title	1

B2.	Submission Deadline	1

B3.	Site Investigation	1

B4.	Enquiries	1

B5.	Confidentiality	1

B6.	Addenda	1

B7.	Substitutes	1

B8.	Bid Components	1

B9.	Bid	1

B10.	Prices	1

B11.	Disclosure	1

B12.	Conflict of Interest and Good Faith	1

B13.	Qualification	1

B14.	Opening of Bids and Release of Information	1

B15.	Irrevocable Bid	1

B16.	Withdrawal of Bids	1

B17.	Evaluation of Bids	1

B18.	Award of Contract	1

PART C - General Conditions

C0.	General Conditions	1

PART D - Supplemental Conditions

General

D1.	General Conditions	1

D2.	Scope of Work	1

D3.	Site Investigation Due Diligence and Risk	1

D4.	Duration of Contract	1

D5.	Cooperative Purchase	1

D6.	Definitions	1

D7.	Contract Administrator	1

D8.	Contractor's Supervisor	1

D9.	Accessible Customer Service Requirements	1

D10.	Unfair Labour Practices	1

Submissions

D11.	Authority to Carry on Business	1

D12.	Safe Work Plan	1

D13.	Insurance	1

D14.	Contract Security	1

D15.	Subcontractor List	1

D16.	Requirements for Site Accessibility Plan	1

Schedule of Work

D17.	Commencement	1

D18.	Work By Others	1

D19.	Substantial Performance	1

D20.	Total Performance	1

D21.	Liquidated Damages	1

D22.	Supply Chain Disruption Schedule Delays	1

D23.	Scheduled Maintenance	1

D24.	Orders	1

D25.	Records	1

Control of Work

D26.	Prime Contractor – The Workplace Safety and Health Act (Manitoba)	1

D27.	The Workplace Safety and Health Act (Manitoba) – Qualifications	1

Measurement and Payment

D28.	Invoices	1

D29.	Payment	1

Warranty

D30.	Warranty	1

Dispute Resolution

D31.	Dispute Resolution	1

Indemnity

D32.	Indemnity	1

Third Party Agreements

D33.	Funding and/or Contribution Agreement Obligations	1

Form H1: Performance Bond	1

Form H2: Labour and Material Payment Bond	1

Form H3: Irrevocable Standby Letter of Credit	1

Form J: Subcontractor List	1

PART E - Specifications

General

E1.	Applicable Specifications and Drawings	1

E2.	Soils Investigation Report	1

E3.	Hazardous Materials	1

E4.	Cash Allowance for Additional Work	1

E5.	^	1

PART F - Security Clearance

F1.	Security Clearance	1

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

Security Clearance for Work at Winnipeg Police Service Buildings or Stations

Bidding Procedures

Contract Title

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Submission Deadline

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

The Contract Administrator or the Manager of Purchasing may extend the Submission Deadline by issuing an addendum at any time prior to the time and date specified in B2.1.

Site Investigation

Further to C3.1, the Contract Administrator or an authorized representative will be available at the Site at ^ 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 ^

Further to C3.1, the Bidder shall attend a Site meeting at ^ on ^ or ^ at ^. Attendance is mandatory, and the Bid of any Bidder not having attended will be rejected on the basis that it is non-responsive.

The Bidder is advised that ^

The Bidder shall not be entitled to rely on any information or interpretation received at the Site Meeting 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, a Site meeting will be held at 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.

Enquiries

All enquiries shall be directed to the Contract Administrator identified in D7.1.

If the Bidder finds errors, discrepancies or omissions in the Tender, 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 Tender 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 Tender 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.

Any enquiries concerning submitting through MERX should be addressed to:

MERX Customer Support

Phone: 1-800-964-6379

Email: merx@merx.com

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 Tender 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 Tender, or clarifying the meaning or intent of any provision therein.

The Contract Administrator will issue each addendum at least two (2) Business Days prior to the Submission Deadline, or provide at least two (2) Business Days by extending the Submission Deadline.

Addenda will be available on the MERX website at www.merx.com.

The Bidder is responsible for ensuring that they have received all addenda and is advised to check the MERX website for addenda regularly and shortly before the Submission Deadline, as may be amended by addendum.

The Bidder shall acknowledge receipt of each addendum in Paragraph 10 of Form A: Bid/Proposal. 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 D7.

Substitutes

The Work is based on the Plant, Materials and methods specified in the Tender.

Substitutions shall not be allowed unless application has been made to and prior approval has been granted by the Contract Administrator in writing.

Requests for approval of a substitute will not be considered unless received in writing by the Contract Administrator at least five (5) Business Days prior to the Submission Deadline.

The Bidder shall ensure that any and all requests for approval of a substitute:

provide sufficient information and details to enable the Contract Administrator to determine the acceptability of the Plant, Material or method as either an approved equal or alternative;

identify any and all changes required in the applicable Work, and all changes to any other Work, which would become necessary to accommodate the substitute;

identify any anticipated cost or time savings that may be associated with the substitute;

certify that, in the case of a request for approval as an approved equal, the substitute will fully perform the functions called for by the general design, be of equal or superior substance to that specified, is suited to the same use and capable of performing the same function as that specified and can be incorporated into the Work, strictly in accordance with the proposed work schedule and the dates specified in the Supplemental Conditions for Substantial Performance and Total Performance;

certify that, in the case of a request for approval as an approved alternative, the substitute will adequately perform the functions called for by the general design, be similar in substance to that specified, is suited to the same use and capable of performing the same function as that specified and can be incorporated into the Work, strictly in accordance with the proposed work schedule and the dates specified in the Supplemental Conditions for Substantial Performance and Total Performance.

The Contract Administrator, after assessing the request for approval of a substitute, may in their sole discretion grant approval for the use of a substitute as an “approved equal” or as an “approved alternative”, or may refuse to grant approval of the substitute.

The Contract Administrator will provide a response in writing, at least two (2) Business Days prior to the Submission Deadline, only to the Bidder who requested approval of the substitute.

The Bidder requesting and obtaining the approval of a substitute shall be entirely responsible for disseminating information regarding the approval to any person or persons they wish to inform.

If the Contract Administrator approves a substitute as an “approved equal”, any Bidder may use the approved equal in place of the specified item.

If the Contract Administrator approves a substitute as an “approved alternative”, any Bidder bidding that approved alternative may base their Total Bid Price upon the specified item but may also indicate an alternative price based upon the approved alternative. Such alternatives will be evaluated in accordance with B17.

No later claim by the Contractor for an addition to the Total Bid Price because of any other changes in the Work necessitated by the use of an approved equal or an approved alternative will be considered.

Bid Components

The Bid shall consist of the following components:

Form A: Bid/Proposal;

Form B: Prices.

^;

^.

All components of the Bid shall be fully completed or provided, and submitted by the Bidder no later than the Submission Deadline, with all required entries made clearly and completely.

The Bid shall be submitted electronically through MERX at www.merx.com.

Bids will only be accepted electronically through MERX.

Bidders are advised that inclusion of terms and conditions inconsistent with the Tender document, including the General Conditions, will be evaluated in accordance with B17.1(a).

Bid

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

Paragraph 2 of Form A: Bid/Proposal 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/Proposal, the Bidder shall identify a contact person who is authorized to represent the Bidder for purposes of the Bid.

Paragraph 13 of Form A: Bid/Proposal 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/Proposal should be entered below such signatures.

All signatures shall be original.

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 a price in Canadian funds for each item of the Work identified 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.

Prices stated on Form B: Prices shall not include any costs which may be incurred by the Contractor with respect to any applicable funding agreement obligations as outlined in D33. Any such costs shall be determined in accordance with D33.

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

The quantities listed on Form B: Prices are to be considered approximate only. The City will use said quantities for the purpose of comparing Bids.

The quantities for which payment will be made to the Contractor are to be determined by the Work actually performed and completed by the Contractor, to be measured as specified in the applicable Specifications.

The Bidder shall enter the Total Bid Price from Form B: Prices into the Total Bid Price field in MERX.

Bidders are advised that the calculation indicated in B17.4.1 will prevail over the Total Bid Price entered in MERX.

The Bidder shall state the lump sum price in Canadian funds for the Work in the Total Bid Price field in MERX.

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

Prices stated shall not include any costs which may be incurred by the Contractor with respect to any applicable funding agreement obligations as outlined in D33. Any such costs shall be determined in accordance with D33.

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:

^

^

Conflict of Interest and Good Faith

Further to C3.2, Bidders, by responding to this Tender, 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 Tender process or the Work; or

has knowledge of confidential information (other than confidential information disclosed by the City in the normal course of the Tender process) of strategic and/or material relevance to the Tender 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 B12.2 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 Tender 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 B12.3, 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 B12.3, 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 B12.4 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.

Qualification

The Bidder shall:

undertake to be in good standing under The Corporations Act (Manitoba), or properly registered under The Business Names Registration Act (Manitoba), or otherwise properly registered, licensed or permitted by law to carry on business in Manitoba; and

be financially capable of carrying out the terms of the Contract; and

have all the necessary experience, capital, organization, and equipment to perform the Work in strict accordance with the terms and provisions of the Contract.

The Bidder and any proposed Subcontractor (for the portion of the Work proposed to be subcontracted to them) shall:

be responsible and not be suspended, debarred or in default of any obligations to the City. A list of suspended or debarred individuals and companies is available on the Information Connection page at The City of Winnipeg, Corporate Finance, Purchasing Division website at https://www.winnipeg.ca/matmgt/Templates/files/debar.pdf

The Bidder and/or any proposed Subcontractor (for the portion of the Work proposed to be subcontracted to them) shall:

have successfully carried out work similar in nature, scope and value to the Work; and

be fully capable of performing the Work required to be in strict accordance with the terms and provisions of the Contract; and

have a written workplace safety and health program if required pursuant to The Workplace Safety and Health Act (Manitoba);

have completed the Accessible Customer Service online training required by the Accessibility for Manitobans Act (AMA) (see B13.5 and D9).

upon request of the Contract Administrator, provide the Security Clearances in accordance with PART F - ;

^

Further to B13.3(c) the Bidder shall, within five (5) Business Days of a request by the Contract Administrator, provide proof satisfactory to the Contract Administrator that the Bidder/Subcontractor has a workplace safety and health program meeting the requirements of The Workplace Safety and Health Act (Manitoba), by providing:

Written confirmation of a safety and health certification meeting SAFE Work Manitoba’s SAFE Work Certified Standard (e.g., COR™ and SECOR™) in the form of:

a copy of their valid Manitoba COR certificate and Letter of Good Standing (or Manitoba equivalency) as issued under the Certificate of Recognition (COR) Program administered by the Construction Safety Association of Manitoba or by the Manitoba Heavy Construction Association’s WORKSAFELY™ COR™ Program; or

a copy of their valid Manitoba SECOR™ certificate and Letter of Good Standing (or Manitoba equivalency) as issued under the Small Employer Certificate of Recognition Program (SECOR™) administered by the Construction Safety Association of Manitoba or by the Manitoba Heavy Construction Association’s WORKSAFELY™ COR™ Program; or

a report or letter to that effect from an independent reviewer acceptable to the City. (A list of acceptable reviewers and the review template are available on the Information Connection page at The City of Winnipeg, Corporate Finance, Purchasing Division website at http://www.winnipeg.ca/matmgt/.

Further to B13.3(d), 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.

Opening of Bids and Release of Information

Bids will not be opened publicly.

Following the submission deadline, the names of the Bidders and their Total Bid Prices (unevaluated, and pending review and verification of conformance with requirements) will be available on the MERX website at www.merx.com.

After award of Contract, the name(s) of the successful Bidder(s), their address(es) and the Contract amount(s) will be available on the MERX website at www.merx.com.

The Bidder is advised that any information contained in any Bid may be released if required by The Freedom of Information and Protection of Privacy Act (Manitoba), by other authorities having jurisdiction, or by law or by City policy or procedures (which may include access by members of City Council).

To the extent permitted, the City shall treat as confidential information, those aspects of a Bid Submission identified by the Bidder as such in accordance with and by reference to Part 2, Section 17 or Section 18 or Section 26 of The Freedom of Information and Protection of Privacy Act (Manitoba), as amended.

Irrevocable Bid

The Bid(s) submitted by the Bidder shall be irrevocable for the time period specified in Paragraph 11 of Form A: Bid/Proposal.

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 for the time period specified in Paragraph 11 of Form A: Bid/Proposal.

Withdrawal of Bids

A Bidder may withdraw their Bid without penalty prior to the Submission Deadline.

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 Tender, or acceptable deviation therefrom (pass/fail);

qualifications of the Bidder and the Subcontractors, if any, pursuant to B13 (pass/fail);

Total Bid Price;

economic analysis of any approved alternative pursuant to B7.

Further to B17.1(a), the Award Authority may reject a Bid as being non-responsive if the Bid 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 B17.1(b), the Award Authority shall reject any Bid submitted by a Bidder who does not demonstrate, in their Bid or in other information required to be submitted, that they are qualified.

Further to B17.1(c), the Total Bid Price shall be the sum of the quantities multiplied by the unit prices for each item shown on Form B: Prices.

Further to B17.1(a), in the event that a unit price is not provided on Form B: Prices, the City may determine the unit price by dividing the Amount (extended price) by the approximate quantity, for the purposes of evaluation and payment.

Bidders are advised that the calculation indicated in B17.4 will prevail over the Total Bid Price entered in MERX.

Further to B17.1(c), the Total Bid Price shall be the lump sum price entered into MERX.

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 B18.2, 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.

The Work of this Contract is contingent upon Council approval of sufficient funding in the ^ Capital Budget. If the Capital Budget approved by Council does not include sufficient funding for the Work, the City will have no obligation to award a Contract.

If funding for the Work is provided to the City of Winnipeg by the Government of Manitoba and/or the Government of Canada, Bidders are advised that the terms of D33 shall immediately take effect upon confirmation of such funding, regardless of when funding is confirmed.

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 B17.

Further to Paragraph 7 of Form A: Bid/Proposal and C4, the City may 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.

Further to Paragraph 7 of Form A: Bid/Proposal and C4, the City may issue an award letter to the successful Bidder.

Following issuance of the Award Letter a document package comprising the Contract Documents will be provided to the successful Bidder electronically.

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 Tender 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

General Conditions

In addition to the General Conditions for Construction, these Supplemental Conditions are applicable to the Work of the Contract.

Scope of Work

The Work to be done under the Contract shall consist ^ for the period from ^ until ^, with the option of ^ (^) mutually agreed upon ^ (^ ) year extensions.

The City may negotiate the extension option with the Contractor within ninety (90) Calendar Days prior to the expiry date of the Contract. The City shall incur no liability to the Contractor as a result of such negotiations.

Changes resulting from such negotiations shall become effective on ^ of the respective year. Changes to the Contract shall not be implemented by the Contractor without written approval by the Contract Administrator.

Bidders are advised that, in future, the City may be participating in collaborative procurement initiatives with other levels of government. Accordingly, extensions to this Contract may not be exercised.

The major components of the Work are as follows:

^

^

The Work shall be done on an "as required" basis during the term of the Contract.

The type and quantity of Work to be performed under this Contract shall be as authorized from time to time by the Contract Administrator and/or Users.

Notwithstanding C7.4, the City shall have no obligation under the Contract to purchase any quantity of any item in excess of their actual operational requirements.

Notwithstanding D2.1, the type and quantity of Work to be performed under this Contract is subject to annual approval of monies therefore in a budget by Council. Bidders are advised that monies have been approved for work up to and including December 31, ^.

In the event that Council does not approve the annual budget for any year during this Contract, the City reserves the right to alter the type or quantity of work performed under this Contract, or to terminate the Contract, upon one hundred and twenty (120) Calendar Days written notice by the Contract Administrator. In such an event, no claim may be made against the City for damages of any kind resulting from the termination, including, but not limited to, on the ground of loss of anticipated profit on Work.

Notwithstanding D2.1, in the event that operational changes result in substantial changes to the requirements for Work, the City reserves the right to alter the type or quantity of work performed under this Contract, or to terminate the Contract, upon thirty (30) Calendar Days written notice by the Contract Administrator. In such an event, no claim may be made for damages on the ground of loss of anticipated profit on Work.

Site Investigation Due Diligence and Risk

Notwithstanding C3.1, the Contractor acknowledges that the site investigation reports and other site information included in this Tender 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.

Duration of Contract

The Contractor shall perform the Work of this Contract during the period of ^ to ^.

Cooperative Purchase

The Contractor is advised that this is a cooperative purchase.

The Contract Administrator may, from time to time during the term of the Contract, approve other public sector organizations and utilities, including but not limited to municipalities, universities, schools and hospitals, to be participants in the cooperative purchase.

The Contract Administrator will notify the Contractor of a potential participant and provide a list of the delivery locations and estimated quantities.

If any location of the potential participant is more than ten (10) kilometres beyond the boundaries of The City of Winnipeg, the Contractor shall, within fifteen (15) Calendar Days of the written notice, notify the Contract Administrator of the amount of any additional delivery charge for the location.

If any additional delivery charges are identified by the Contractor, the potential participant may accept or decline to participate in the cooperative purchase.

The Contractor shall enter into a contract with each participant under the same terms and conditions as this Contract except:

supply under the contract shall not commence until the expiry or lawful termination of any other contract(s) binding the participant for the same goods and/or services;

a participant may specify a duration of Contract shorter than the duration of this Contract;

a participant may specify that only some items under this Contract and/or less than their total requirement for an item are to be supplied under their contract; and

any additional delivery charge identified and accepted in accordance with clause D5.4 and D5.5 will apply.

Each participant will be responsible for the administration of their contract and the fulfilment of their obligations under their contract. The City shall not incur any liability arising from any such contract.

No participant shall have the right or authority to effect a change in the contract, or of any other Participant in this Contract.

Definitions

When used in this Tender:

"User" means a person, department or other administrative unit of the City authorized by the Contract Administrator to order Work under this Contract;

“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;

”^” means ^;

”^” means ^.

Notwithstanding C1.1, when used in this Tender:

”^” means ^;

”^” means ^;

”^” means ^;

”^” means ^.

Contract Administrator

The Contract Administrator is ^, represented by:

^

^

Telephone No.	204 ^

Email Address	^

At the pre-construction meeting, ^name will identify additional personnel representing the Contract Administrator and their respective roles and responsibilities for the Work.

The Contract Administrator is:

^

^

Telephone No.	204 ^

Email Address	^

At the pre-construction meeting, the Contract Administrator will identify additional personnel representing the Contract Administrator and their respective roles and responsibilities for the Work.

Contractor's Supervisor

At the pre-construction meeting, the Contractor shall identify their designated supervisor and any additional personnel representing the Contractor and their respective roles and responsibilities for the Work.

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 D10.3, 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 D10.5. 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

Authority to Carry on Business

The Contractor shall be in good standing under The Corporations Act (Manitoba), or properly registered under The Business Names Registration Act (Manitoba), or otherwise properly registered, licensed or permitted by law to carry on business in Manitoba, or if the Contractor does not carry on business in Manitoba, in the jurisdiction where the Contractor does carry on business, throughout the term of the Contract, and shall provide the Contract Administrator with evidence thereof upon request.

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

Notwithstanding B13.4 at any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require an updated COR Certificate or Annual Letter of good Standing. A Contractor, who fails to provide a satisfactory COR Certificate or Annual Letter of good Standing, will not be permitted to continue to perform any Work.

Insurance

The Contractor shall provide and maintain the following insurance coverage:

commercial general liability insurance, in the amount of at least two million dollars ($2,000,000.00) inclusive, with The City of Winnipeg added as an additional insured, with a cross-liability clause, such liability policy to also contain contractual liability, unlicensed motor vehicle liability, non-owned automobile liability and products and completed operations, to remain in place at all times during the performance of the Work and throughout the warranty period;

automobile liability insurance for owned automobiles used for or in connection with the Work in the amount of at least two million dollars ($2,000,000.00) at all times during the performance of the Work and until the date of Total Performance;

an all risks Installation Floater carrying adequate limits to cover all machinery, equipment, supplies and/or materials intended to enter into and form part of any installation.

Deductibles shall be borne by the Contractor.

The Contractor shall provide the Contract Administrator with a certificate(s) of insurance, in a form satisfactory to the City Solicitor, at least two (2) Business Days prior to the commencement of any Work but in no event later than seven (7) Calendar Days from notification of the award of Contract by Purchase Order.

The Contractor shall not cancel, materially alter, or cause each policy to lapse without providing at least thirty (30) Calendar Days prior written notice to the Contract Administrator.

Contract Security

If the Contract Price exceeds twenty-five thousand dollars ($25,000.00), the Contractor shall provide and maintain contract security until the expiration of the warranty period in the form of:

a performance bond of a company registered to conduct the business of a surety in Manitoba, in the form attached to these Supplemental Conditions (Form H1: Performance Bond), in the amount of fifty percent (50%) of the Contract Price; and

a labour and material payment bond of a company registered to conduct the business of a surety in Manitoba, in the form attached to these Supplemental Conditions (Form H2: Labour and Material Payment Bond), in an amount equal to fifty percent (50%) of the Contract Price; or

an irrevocable standby letter of credit issued by a bank or other financial institution registered to conduct business in Manitoba and drawn on a branch located in Winnipeg, in the form attached to these Supplemental Conditions (Form H3: Irrevocable Standby Letter of Credit), in the amount of fifty percent (50%) of the Contract Price; or

a certified cheque or draft payable to “The City of Winnipeg”, drawn on a bank or other financial institution registered to conduct business in Manitoba, in the amount of fifty percent (50%) of the Contract Price.

Where the contract security is a performance bond, it may be submitted in hard copy or digital format. If submitted in digital format the contract security must meet the following criteria:

the version submitted by the Contractor must have valid digital signatures and seals;

the version submitted by the Contractor must be verifiable by the City with respect to the totality and wholeness of the bond form, including: the content; all digital signatures and digital seals; with the surety company, or an approved verification service provider of the surety company.

the version submitted must be viewable, printable and storable in standard electronic file formats compatible with the City, and in a single file. Allowable formats include pdf.

the verification may be conducted by the City immediately or at any time during the life of the bond and at the discretion of the City with no requirement for passwords or fees.

the results of the verification must provide a clear, immediate and printable indication of pass or fail regarding D14.1.1(b).

Digital bonds failing the verification process will not be considered to be valid and may be determined to be an event of default in accordance with C18.1. If a digital bond fails the verification process, the Contractor may provide a replacement bond (in hard copy or digital format) within seven (7) Calendar Days of the City’s request or within such greater period of time as the City in their discretion, exercised reasonably, allows.

Digital bonds passing the verification process will be treated as original and authentic.

Where the contract security is in the form of a certified cheque or draft, it will be deposited by the City. The City will not pay any interest on certified cheques or drafts furnished as contract security.

The Contractor shall provide the Contract Administrator identified in D7 with the required contract security within seven (7) Calendar Days of notification of the award of the Contract by way of Purchase Order or an award letter and 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.

Where the Contract Security is provided in accordance with D14.1(a) and D14.1(b), the Contractor shall, as soon as practicable after entering into a contract with a Subcontractor:

give the Subcontractor written notice of the existence of the labour and material payment bond in D14.1(b); and

post a notice of the bond and/or a copy of that bond in a conspicuous location at the Site of the Work.

If the Contract Price exceeds twenty-five thousand dollars ($25,000.00), the Contractor shall provide and maintain contract security for the initial term of the Contract, and then each subsequent extension term in the form of:

a performance bond of a company registered to conduct the business of a surety in Manitoba, in the form attached to these Supplemental Conditions (Form H1: Performance Bond), in the amount of fifty percent (50%) of the Contract Price for the initial term or extension term; or

a labour and material payment bond of a company registered to conduct the business of a surety in Manitoba, in the form attached to these Supplemental Conditions (Form H2: Labour and Material Payment Bond), in an amount equal to fifty percent (50%) of the Contract Price or extension term; or

an irrevocable standby letter of credit issued by a bank or other financial institution registered to conduct business in Manitoba and drawn on a branch located in Winnipeg, in the form attached to these Supplemental Conditions (Form H2: Irrevocable Standby Letter of Credit), in the amount of fifty percent (50%) of the Contract Price for the initial term or extension term; or

a certified cheque or draft payable to “The City of Winnipeg”, drawn on a bank or other financial institution registered to conduct business in Manitoba, in the amount of fifty percent (50%) of the Contract Price for the initial term or extension term.

Bidders are advised that, as each Extension Term of the Contract may be subject to a different Contract Price, the Contractor shall submit adequate contract security for the initial term and then each extension term, which may be done through the cancellation and reissuance of contract security, or the revision of previously issued contract security via a rider.

Where the contract security is a performance bond, it may be submitted in hard copy or digital format. If submitted in digital format the contract security must meet the following criteria:

the version submitted by the Contractor must have valid digital signatures and seals;

the version submitted by the Contractor must be verifiable by the City with respect to the totality and wholeness of the bond form, including: the content; all digital signatures and digital seals; with the surety company, or an approved verification service provider of the surety company.

the version submitted must be viewable, printable and storable in standard electronic file formats compatible with the City, and in a single file. Allowable formats include pdf.

the verification may be conducted by the City immediately or at any time during the life of the bond and at the discretion of the City with no requirement for passwords or fees.

the results of the verification must provide a clear, immediate and printable indication of pass or fail regarding D11.1.1(b).

Digital bonds failing the verification process will not be considered to be valid and may be determined to be an event of default in accordance with C18.1. If a digital bond fails the verification process, the Contractor may provide a replacement bond (in hard copy or digital format) within seven (7) Calendar Days of the City’s request or within such greater period of time as the City in its discretion, exercised reasonably, allows.

Digital bonds passing the verification process will be treated as original and authentic.

Where the contract security is in the form of a certified cheque or draft, it will be deposited by the City. The City will not pay any interest on certified cheques or drafts furnished as contract security.

The Contractor shall provide the Contract Administrator identified in D7 with the required contract security within seven (7) Calendar Days of notification of the award of the Contract by way of Purchase Order and prior to the commencement of any Work on the Site.

Subcontractor List

The Contractor shall provide the Contract Administrator with a complete list of the Subcontractors whom the Contractor proposes to engage (Form J: Subcontractor List) at least two (2) Business Days prior to the commencement of any Work on the Site but in no event later than seven (7) Calendar Days from notification of the award of Contract.

Requirements for Site Accessibility Plan

The Contractor shall provide the Contract Administrator with an Accessibility 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 Accessibility Plan shall demonstrate how the Contractor will accommodate the safe passage of pedestrians and cyclists in accordance with the Manual of Temporary Traffic Control, the Contract Drawings, Staging Plans, and Streets By-Law No. 1481/77 at all times for the duration of the Construction. Unless noted in the Contract, the Accessibility Plan must include a written plan for the following:

How the Contractor will maintain at least one crossing in each direction for each intersection (one north/south crosswalk and one east/west crosswalk).

How the Contractor will maintain access to bus stops within the site.

How the Contractor will maintain access to pedestrian corridors and half signals.

How the Contractor will maintain cycling facilities.

How the Contractor will maintain access to residents and businesses unless otherwise noted in the Contract.

Any required detour signage at adjacent crossings to facilitate sidewalk or active transportation pathway closures.

The Accessibility Plan may also include figures, sketches, or drawings to demonstrate the proposed plan.

The Accessibility Plan shall include written details on how the Contractor intends to review, maintain, and document all items related to the Accessibility Plan on-site during Construction, including, but not limited to:

Signage

Temporary Ramping

Transit Stops

Detour Signage

At minimum, the Contractor shall review the site conditions on a daily basis to ensure that all features related to the Accessibility Plan are in place. The site review is intended to correct deficiencies as a result of unforeseen events such as wind, traffic, or the general public. Deficiencies that are direct result of the Contractors actions must be corrected immediately.

Any changes to the Accessibility Plan must be approved by the Contract Administrator.

Upon request from the Contract Administrator, the Contractor shall provide records demonstrating that the site has been maintained.

Deficiencies as a direct result of actions by the Contractor that are not immediately corrected and/or failure to produce records that demonstrate that the site was maintained in compliance with the Accessibility Plan may result in a pay adjustment via the monthly Progress Payment. The rate of pay adjustment will be as per the following schedule:

First Offence – A warning will be issued and documented in the weekly or bi-weekly site meeting.

Second Offence – A field instruction to immediately correct the site will be issued by the Contract Administrator.

Third and subsequent Offences – A pay reduction will be issued in the amount of $250.00 per instance and per day.

Schedule of Work

Commencement

The Contractor shall not commence any Work until they are in receipt of a notice of award from the City authorizing the commencement of the Work.

The Contractor shall not commence any Work on the Site until:

the Contract Administrator has confirmed receipt and approval of:

evidence of authority to carry on business specified in D11;

evidence of the workers compensation coverage specified in C6.15;

evidence of the insurance specified in D13;

the contract security specified in D14;

the Subcontractor list specified in D15;

the Requirements for Site Accessibility Plan as specified in D15 and

the direct deposit application form specified in D29.2.

the Contractor has attended a pre-construction meeting with the Contract Administrator, or the Contract Administrator has waived the requirement for a pre-construction meeting.

^

The Contractor shall commence the Work on the Site within three (3) Working Days of placing of an order, except where otherwise agreed at the time of ordering.

The Contractor shall not commence the Work on the Site before ^.

The City intends to award this Contract by ^

If the actual date of award is later than the intended date, the dates specified for Substantial Performance, and Total Performance will be adjusted by the difference between the aforementioned intended and actual dates.

Work By Others

Further to C6.25, the Contractor’s attention is directed to the fact that other Contractors, the personnel of Utilities and the staff of the City may be working within the project limit, approach roadway, adjacent roadways or right-of-way. The activities of these agencies may coincide with the Contractors execution of work and it will be the Contractor’s responsibility to cooperate to the fullest extent with other personnel working in the area, and such cooperation is an obligation of the Contractor under the terms of Contract.

Work by others on or near the Site will include but not necessarily be limited to:

^;

^.

Further to D18.1 the Contractor shall cooperate and coordinate all activities with all parties performing required Work by Others. The Contractor must include and accommodate Work by Others identified in D18.2 or additional parties, in their construction schedule and accommodate the necessary area on Site required for the Work by Others to complete the Work.

Substantial Performance

The Contractor shall achieve Substantial Performance for each Site within ^ (^) consecutive Working Days of the commencement of the Work as specified in D17.

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 for each Site 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 for each Site within ^ (^) consecutive Working Days of the commencement of the Work as specified in D17.

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 for each Site by ^.

or within ^ days if seasonal inclement weather does not allow permanent restorations to commence immediately after Substantial Performance, whichever comes first. The Contract Administrator will advise the Contractor when seasonal conditions will allow permanent restorations to begin. The Contractor will start final restorations no later than 14 (fourteen) Calendar Days after formal notification by the Contract Administrator

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 for each Site 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 D21.1 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 for each Site 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 D21.1 is based on a genuine pre-estimate of the City's damages 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.

Supply Chain Disruption Schedule Delays

The City acknowledges that the schedule for this Contract may be impacted by the Supply Chain Disruption. Commencement and progress of the Work shall be performed by the Contractor with due consideration to 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 the 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 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 D22.3. 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 D19 to D20 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.

Scheduled Maintenance

The Contractor shall perform the following scheduled maintenance in the manner and within the time periods required by the Specifications:

^ as specified in ^;

^ as specified in ^;

^ as specified in ^.

Determination of Substantial Performance and Total Performance shall be exclusive of scheduled maintenance identified herein. All scheduled maintenance shall be completed prior to the expiration of the warranty period. Where the scheduled maintenance cannot be completed during the warranty period, the warranty period shall be extended for such period of time as it takes the Contractor to complete the scheduled maintenance.

Orders

The Contractor shall provide a local Winnipeg telephone number or a toll-free telephone number at which orders for service may be placed.

Records

The Contractor shall keep detailed records of the services supplied under the Contract.

The Contractor shall record, as a minimum, for each item listed on Form B: Prices:

User name(s) and addresses;

order date(s);

service date(s); and

description and quantity of services provided.

The Contractor shall provide the Contract Administrator with a copy of the records for each quarter year within fifteen (15) Calendar Days of the end of that quarter.

Control of Work

Prime Contractor – The Workplace Safety and Health Act (Manitoba)

Further to C6.26, the Contractor shall be the Prime Contractor and shall serve as, and have the duties of the Prime Contractor in accordance with The Workplace Safety and Health Act (Manitoba).

The Workplace Safety and Health Act (Manitoba) – Qualifications

Further to B13.4, the Contractor/Subcontractor must, throughout the term of the Contract, have a Workplace Safety and Health Program meeting the requirements of The Workplace Safety and Health Act (Manitoba). At any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require updated proof of compliance, as set out in B13.4.

Measurement and Payment

Invoices

Further to C12, the Contractor shall submit an invoice for each portion of Work performed. to:

The City of Winnipeg

Corporate Finance - Accounts Payable

4th Floor, Administration Building, 510 Main Street

Winnipeg MB R3B 1B9

Facsimile No.: 204-949-0864

Send Invoices to CityWpgAP-INVOICES@winnipeg.ca

Send Invoice Inquiries to CityWpgAP-INQUIRIES@winnipeg.ca

Invoices must clearly indicate, as a minimum:

the City's purchase order number;

date of delivery;

delivery address;

type and quantity of work performed;

the amount payable with GST and MRST shown as separate amounts; and

the Contractor's GST registration number.

The City will bear no responsibility for delays in approval of invoices which are improperly submitted.

Payment

Further to C12, payment shall be in Canadian funds net thirty (30) Calendar Days after receipt and approval of the Contractor’s invoice.

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.

Further to E4, no payment will be made for Cash Allowances other than as set out in E4.4.

Warranty

Warranty

Warranty is as stated in C13.

Notwithstanding C13.2, the warranty period shall begin on the date of Total Performance for each Site 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 D30.2, 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 Substantial Performance for each Site 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 D30.1, 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 for each Site 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 for each Site 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 for each Site 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.

For the purpose of contract security, the warranty period shall be one (1) year.

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 D31.

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 D31.4.3, 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.

Third Party Agreements

Funding and/or Contribution Agreement Obligations

Funding for the Work of the Contract is being provided to the City of Winnipeg by the Government of Manitoba and/or the Government of Canada and accordingly, as required by the applicable funding agreements, the following terms and conditions shall apply.

For the purposes of D33:

“Government of Canada” includes the authorized officials, auditors, and representatives of the Government of Canada; and

“Government of Manitoba” includes the authorized officials, auditors, and representatives of the Government of Manitoba.

Indemnification By Contractor

In addition to the indemnity obligations outlined in C17 of the General Conditions for Construction, the Contractor agrees to indemnify and save harmless the Government of Canada and the Government of Manitoba and each of their respective Ministers, officers, servants, employees, and agents from and against all claims and demands, losses, costs, damages, actions, suit or other proceedings brought or pursued in any manner in respect of any matter caused by the Contractor or arising from this Contract or the Work, or from the goods or services provided or required to be provided by the Contractor, except those resulting from the negligence of any of the Government of Canada’s or the Government of Manitoba’s Ministers, officers, servants, employees, or agents, as the case may be.

The Contractor agrees that in no event will Canada or Manitoba, their respective officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for:

any injury to any person, including, but not limited to, death, economic loss or infringement of rights;

any damage to or loss or destruction of property of any person; or

any obligation of any person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation;

in relation to this Contract or the Work.

Records Retention and Audits

The Contractor shall maintain and preserve accurate and complete records in respect of this Contract and the Work, including all accounting records, financial documents, copies of contracts with other parties and other records relating to this Contract and the Work during the term of the Contract and for at least six (6) years after Total Performance. Those records bearing original signatures or professional seals or stamps must be preserved in paper form; other records may be retained in electronic form.

In addition to the record keeping and inspection obligations outlined in C6 of the General Conditions for Construction, the Contractor shall keep available for inspection and audit at all reasonable times while this Contract is in effect and until at least six (6) years after Total Performance, all records, documents, and contracts referred to in D33.4.1 for inspection, copying and audit by the City of Winnipeg, the Government of Manitoba and/or the Government of Canada and their respective representatives and auditors, and to produce them on demand; to provide reasonable facilities for such inspections, copying and audits, to provide copies of and extracts from such records, documents, or contracts upon request by the City of Winnipeg, the Government of Manitoba, and/or the Government of Canada and their respective representatives and auditors, and to promptly provide such other information and explanations as may be reasonably requested by the City of Winnipeg, the Government of Manitoba, and/or the Government of Canada from time-to-time.

Other Obligations

The Contractor consents to the City providing a copy of the Contract Documents to the Government of Manitoba and/or the Government of Canada upon request from either entity.

If the Lobbyists Registration Act (Manitoba) applies to the Contractor, the Contractor represents and warrants that it has filed a return and is registered and in full compliance with the obligations of that Act, and covenants that it will continue to comply for the duration of this Contract.

The Contractor shall comply with all applicable legislation and standards, whether federal, provincial, or municipal, including (without limitation) labour, environmental, and human rights laws, in the course of providing the Work.

The Contractor shall properly account for the Work provided under this Contract and payment received in this respect, prepared in accordance with generally accepted accounting principles in effect in Canada, including those principles and standards approved or recommended from time-to-time by the Chartered Professional Accountants of Canada or the Public Sector Accounting Board, as applicable, applied on a consistent basis.

The Contractor represents and warrants that no current or former public servant or public office holder, to whom the Value and Ethics Code for the Public Sector, the Policy on Conflict of Interest and Post Employment, or the Conflict of Interest Act applies, shall derive direct benefit from this Contract, including any employment, payments, or gifts, unless the provision or receipt of such benefits is in compliance with such codes and the legislation.

The Contractor represents and warrants that no member of the House of Commons or of the Senate of Canada or of the Legislative Assembly of Manitoba is a shareholder, director or officer of the Contractor or of a Subcontractor, and that no such member is entitled to any benefits arising from this Contract or from a contract with the Contractor or a Subcontractor concerning the Work.

In the event that funding for the Work of the Contract is provided to the City of Winnipeg by the Government of Manitoba and/or the Government of Canada, the following terms and conditions shall apply, as required by the applicable funding agreements.

Further to D33.1, in the event that the obligations in D33 apply, actual costs legitimately incurred by the Contractor as a direct result of these obligations (“Funding Costs”) shall be determined by the actual cost to the Contractor and not by the valuation method(s) outlined in C7.4. In all other respects Funding Costs will be processed in accordance with Changes in Work under C7.

For the purposes of D33:

“Government of Canada” includes the authorized officials, auditors, and representatives of the Government of Canada; and

“Government of Manitoba” includes the authorized officials, auditors, and representatives of the Government of Manitoba.

Modified Insurance Requirements

If not already required under the insurance requirements identified in D13, the Contractor will be required to provide wrap-up liability insurance in an amount of no less than two million dollars ($2,000,000) inclusive per occurrence. Such policy will be written in the joint names of the City, Contractor, Consultants and all sub-contractors and sub-consultants and include twelve (12) months completed operations. The Government of Manitoba and their Ministers, officers, employees, and agents shall be added as additional insureds.

If not already required under the insurance requirements identified in D13 the Contractor will be required to provide builders’ risk insurance (including boiler and machinery insurance, as applicable) providing all risks coverage at full replacement cost, or such lower level of insurance that the City may identify on a case-by-case basis, such as an installation floater.

The Contractor shall obtain and maintain third party liability insurance with minimum coverage of two million dollars ($2,000,000.00) per occurrence on all licensed vehicles operated at the Site. In the event that this requirement conflicts with another licensed vehicle insurance requirement in this Contract, then the requirement that provides the higher level of insurance shall apply.

Further to D13.3, insurers shall provide satisfactory Certificates of Insurance to the Government of Manitoba prior to commencement of Work as written evidence of the insurance required. The Certificates of Insurance must provide for a minimum of thirty (30) days’ prior written notice to the Government of Manitoba in case of insurance cancellation.

All policies must be taken out with insurers licensed to carry on business in the Province of Manitoba.

Indemnification By Contractor

In addition to the indemnity obligations outlined in C17 of the General Conditions for Construction, the Contractor agrees to indemnify and save harmless the Government of Canada and the Government of Manitoba and each of their respective Ministers, officers, servants, employees, and agents from and against all claims and demands, losses, costs, damages, actions, suit or other proceedings brought or pursued in any manner in respect of any matter caused by the Contractor or arising from this Contract or the Work, or from the goods or services provided or required to be provided by the Contractor, except those resulting from the negligence of any of the Government of Canada’s or the Government of Manitoba’s Ministers, officers, servants, employees, or agents, as the case may be.

The Contractor agrees that in no event will Canada or Manitoba, their respective officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for:

any injury to any person, including, but not limited to, death, economic loss or infringement of rights;

any damage to or loss or destruction of property of any person; or

any obligation of any person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation;

in relation to this Contract or the Work.

Records Retention and Audits

The Contractor shall maintain and preserve accurate and complete records in respect of this Contract and the Work, including all accounting records, financial documents, copies of contracts with other parties and other records relating to this Contract and the Work during the term of the Contract and for at least six (6) years after Total Performance. Those records bearing original signatures or professional seals or stamps must be preserved in paper form; other records may be retained in electronic form.

In addition to the record keeping and inspection obligations outlined in C6 of the General Conditions for Construction, the Contractor shall keep available for inspection and audit at all reasonable times while this Contract is in effect and until at least six (6) years after Total Performance, all records, documents, and contracts referred to in D33.6.1 for inspection, copying and audit by the City of Winnipeg, the Government of Manitoba and/or the Government of Canada and their respective representatives and auditors, and to produce them on demand; to provide reasonable facilities for such inspections, copying and audits, to provide copies of and extracts from such records, documents, or contracts upon request by the City of Winnipeg, the Government of Manitoba, and/or the Government of Canada and their respective representatives and auditors, and to promptly provide such other information and explanations as may be reasonably requested by the City of Winnipeg, the Government of Manitoba, and/or the Government of Canada from time-to-time.

Other Obligations

The Contractor consents to the City providing a copy of the Contract Documents to the Government of Manitoba and/or the Government of Canada upon request from either entity.

If the Lobbyists Registration Act (Manitoba) applies to the Contractor, the Contractor represents and warrants that it has filed a return and is registered and in full compliance with the obligations of that Act, and covenants that it will continue to comply for the duration of this Contract.

The Contractor shall comply with all applicable legislation and standards, whether federal, provincial, or municipal, including (without limitation) labour, environmental, and human rights laws, in the course of providing the Work.

The Contractor shall properly account for the Work provided under this Contract and payment received in this respect, prepared in accordance with generally accepted accounting principles in effect in Canada, including those principles and standards approved or recommended from time-to-time by the Chartered Professional Accountants of Canada or the Public Sector Accounting Board, as applicable, applied on a consistent basis.

The Contractor represents and warrants that no current or former public servant or public office holder, to whom the Value and Ethics Code for the Public Sector, the Policy on Conflict of Interest and Post Employment, or the Conflict of Interest Act applies, shall derive direct benefit from this Contract, including any employment, payments, or gifts, unless the provision or receipt of such benefits is in compliance with such codes and the legislation.

The Contractor represents and warrants that no member of the House of Commons or of the Senate of Canada or of the Legislative Assembly of Manitoba is a shareholder, director or officer of the Contractor or of a Subcontractor, and that no such member is entitled to any benefits arising from this Contract or from a contract with the Contractor or a Subcontractor concerning the Work.

Form H1: Performance Bond (See D14)
KNOW EVERYONE BY THESE PRESENTS THAT _____________________________________________________________________________________ (hereinafter called the "Principal"), and ____________________________________________________________________________________ , (hereinafter called the "Surety"), are held and firmly bound unto THE CITY OF WINNIPEG (hereinafter called the "Obligee"), in the sum of _____________________________________________________________________________________ ________________________________________________ dollars ($________________________.____) of lawful money of Canada to be paid to the Obligee, or its successors or assigns, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee for TENDER NO. Click or tap here to enter text. Click or tap here to enter text. which is by reference made part hereof and is hereinafter referred to as the “Contract”. NOW THEREFORE the condition of the above obligation is such that if the Principal shall: (a) carry out and perform the Contract and every part thereof in the manner and within the times set forth in the Contract and in accordance with the terms and conditions specified in the Contract; (b) perform the Work in a good, proper, workmanlike manner; (c) make all the payments whether to the Obligee or to others as therein provided; (d) in every other respect comply with the conditions and perform the covenants contained in the Contract; and (e) indemnify and save harmless the Obligee against and from all loss, costs, damages, claims, and demands of every description as set forth in the Contract, and from all penalties, assessments, claims, actions for loss, damages or compensation whether arising under "The Workers Compensation Act", or any other Act or otherwise arising out of or in any way connected with the performance or nonperformance of the Contract or any part thereof during the term of the Contract and the warranty period provided for therein; THEN THIS OBLIGATION SHALL BE VOID, but otherwise shall remain in full force and effect. The Surety shall not, however, be liable for a greater sum than the sum specified above.
AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable as Principal, and that nothing of any kind or matter whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law or usage relating to the liability of Sureties to the contrary notwithstanding. IN WITNESS WHEREOF the Principal and Surety have signed and sealed this bond the _______ day of ____________________ , 20____ .
SIGNED AND SEALED in the presence of: _______________________________ (Witness as to Principal if no seal)	_______________________________________________ (Name of Principal) Per: _________________________________ (Seal) Per: _________________________________ _______________________________________________ (Name of Surety) By: _________________________________ (Seal) (AttorneyinFact)
Form H2: Labour and Material Payment Bond (See D14)
KNOW EVERYONE BY THESE PRESENTS THAT _____________________________________________________________________________________ his/its heirs, executors, administrators, successors or assigns (hereinafter called the "Principal"), and ____________________________________________________________________________________ , his/its heirs, executors, administrators, successors or assigns (hereinafter called the "Surety"), are held and firmly bound unto THE CITY OF WINNIPEG (hereinafter called the "Obligee"), for the use and benefit of claimants as hereinbelow defined, in the amount of _____________________________________________________________________________________ ________________________________________________ dollars ($________________________.____) of lawful money of Canada, for the payment whereof we, the Principal and the Surety jointly and severally bind ourselves firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee for TENDER NO. Click or tap here to enter text. Click or tap here to enter text. which is by reference made part hereof and is hereinafter referred to as the “Contract”. NOW THEREFORE the condition of the above obligation is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labour, service and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect subject, however, to the following conditions: (a) A claimant is defined as one having a direct contract with the Principal for labour, service and material, or any of them, used or reasonably required for use in the performance of the contract, labour, service and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment (but excluding rent of equipment where the rent pursuant to an agreement is to be applied towards the purchase price thereof) directly applicable to the Contract; (b) The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work, labour or service was done or performed, or materials were furnished by such claimant, may sue on this bond, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon; (c) No suit or action shall be commenced hereunder by any claimant unless claimant shall have given written notice to the Principal and the Surety above-named, within one hundred and twenty (120) days after such claimant did or performed the last of the work, labour or service, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work, labour or service was done or performed. Such notice shall be served by mailing the same by registered mail to the Principal, and Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the Province of Manitoba; after the expiration of one (1) year following the date on which Principal ceased work on said Contract; including work performed under the guarantees provided in the Contract; other than in a court of competent jurisdiction in the Province of Manitoba. (d) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. (e) The Surety shall not be liable for a greater sum than the specified penalty of this bond. The Principal and Surety hereby agree that The Guarantors’ Liability Act (Manitoba) shall apply to this Bond. IN TESTIMONY WHEREOF, the Principal has hereunto set its hand affixed its seal, and the Surety has caused these presents to be sealed and with its corporate seal duly attested by the authorized signature of its signing authority this _______ day of ____________________ , 20____ . SIGNED AND SEALED in the presence of: _______________________________ (Witness as to Principal if no seal) _______________________________________________ (Name of Principal) Per: _________________________________ (Seal) Per: _________________________________ _______________________________________________ (Name of Surety) By: _________________________________ (Seal) (AttorneyinFact)
Form H3: Irrevocable Standby Letter of Credit (CONTRACT SECURITY) (See D14)
______________________ (Date) The City of Winnipeg Legal Services Department 185 King Street, 3rd Floor Winnipeg MB R3B 1J1 RE: CONTRACT SECURITY - TENDER NO. Click or tap here to enter text. Click or tap here to enter text. Pursuant to the request of and for the account of our customer, ____________________________________________________________________________________ , (Name of Contractor) _____________________________________________________________________________________ (Address of Contractor) WE HEREBY ESTABLISH in your favour our irrevocable Standby Letter of Credit for a sum not exceeding in the aggregate _____________________________________________________________________________________ ______________________________________________________________________ Canadian dollars. This Standby Letter of Credit may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you. It is understood that we are obligated under this Standby Letter of Credit for the payment of monies only and we hereby agree that we shall honour your demand for payment without inquiring whether you have a right as between yourself and our customer to make such demand and without recognizing any claim of our customer or objection by the customer to payment by us. The amount of this Standby Letter of Credit may be reduced from time to time only by amounts drawn upon it by you or by formal notice in writing given to us by you if you desire such reduction or are willing that it be made. We engage with you that all demands for payment made within the terms and currency of this Standby Letter of Credit will be duly honoured if presented to us at: _____________________________________________________________________________________ (Address) and we confirm and hereby undertake to ensure that all demands for payment will be duly honoured by us.
All demands for payment shall specifically state that they are drawn under this Standby Letter of Credit. Subject to the condition hereinafter set forth, this Standby Letter of Credit will expire on _______________________________________ . (Date) It is a condition of this Standby Letter of Credit that it shall be deemed to be automatically extended from year to year without amendment from the present or any future expiry date, unless at least 30 days prior to the present or any future expiry date, we notify you in writing that we elect not to consider this Standby Letter of Credit to be renewable for any additional period. This Standby Letter of Credit may not be revoked or amended without your prior written approval. Except where they may conflict with the terms and conditions contained in this Letter of Credit, the International Standby Practices 1998 shall apply to this Letter of Credit. This Letter of Credit shall also be governed by and construed in accordance with the laws of the Province of Manitoba and of Canada as applicable therein, except to the extent that such laws are inconsistent with the International Standby Practices 1998. This Letter of Credit is subject to the exclusive jurisdiction of the courts in the Province of Manitoba and all courts competent to hear appeals therefrom. ______________________________________________ (Name of bank or financial institution) Per: _________________________________________ (Authorized Signing Officer) Per: _________________________________________ (Authorized Signing Officer)

Form J: Subcontractor List (See D15) Click or tap here to enter text.
Name Address ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

Specifications

General

Applicable Specifications and Drawings

These Specifications shall apply to the Work.

The City of Winnipeg Standard Construction Specifications in their 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 Tender shall govern over The City of Winnipeg Standard Construction Specifications.

Bidders are reminded that requests for approval of substitutes as an approved equal or an approved alternative shall be made in accordance with B7. In every instance where a brand name or design specification is used, the City will also consider approved equals and/or approved alternatives in accordance with B7.

The following are applicable to the Work:

Specification No.	Specification Title
Table of Contents
Division 01 –	General Requirements
0103300	Procedures
014500	Quality Control
Division 02 –	Division 02 – Existing Conditions
022800	Asbestos Abatement
Division 03 –	Concrete
Division 04 –	Masonry
040499	Masonry for Minor Works
Division 05 –	Metals

Drawing No.	Drawing Name/Title
Cover Sheet

Soils Investigation Report

Further to C3.1,

Hazardous Materials

If asbestos or other hazardous materials are encountered during the Work of the Contract, the Contractor shall stop all work and notify the Contract Administrator immediately. Removal of hazardous materials shall be dealt with by the City and the Contractor shall await further instruction by the Contract Administrator.

Cash Allowance for Additional Work

Additional Work may be necessitated due to unforeseen circumstances that may arise during the course of the project due to:

Additions to the scope of Work by the Contract Administrator, beyond that defined herein.

A cash allowance has been included on Form B: Prices.

The City reserves the right to delete any or all of the Cash Allowance from the Contract if the Work intended to be covered by the Cash Allowance is not required, or if the Works intended are found to be more extensive than the provisional Cash Allowance.

Cost of additional work shall be evaluated by the methods outlined in C7.4, and a Change Order prepared by the Contract Administrator. Cost of the Change Order will be paid on the Progress Estimate and deducted from the Cash Allowance. If the valuation of the authorized work exceeds the Value of the Cash Allowance, the Contract Value will be adjusted by the shortfall.

Additional services and/or Work will not be initiated for:

Reasons of lack of performance or errors in execution.

Scheduling changes initiated by the City, where at least 24 hours’ notice is given prior to the Contractors schedule time to be on Site.

Should it be determined that additional material or services are required, the Contract Administrator shall approve the Work, prior to commencement of the additional Work.

Material Mark-Up Factors:

The base cost is to be the wholesale cost of the material, regardless of the Contractor or Subcontractor supplying the material.

In general, the party (Contractor or Subcontractor) supplying the material is the party that purchases the material from a supplier who does not perform any work on Site, unless otherwise determined by the Contract Administrator.

Where the Contractor is supplying the material, the mark-up on the material is limited to fifteen percent (15%).

Where the Contractor’s immediate Subcontractor is supplying the material the total mark-up on the material including all Subcontractors and the Contractor is limited to twenty-five percent (25%)

The Subcontractor’s mark-up on the material is limited to fifteen percent (15%);

The Contractor’s mark-up on the material is limited to ten percent (10%).

A Third-Level Subcontractor is a Subcontractor of a Subcontractor of the Contractor.

No Third-Level Subcontractors on this project are approved for additional mark-up.

In the event that a Third-Level Subcontractor is utilized, that is not approved for additional mark-up, the Contractor is responsible for coordinating the split of the maximum approved mark-up between the Contractor and Subcontractors.

^

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 Servicehttp://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:

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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.