THE CITY OF WINNIPEG

QUOTE

QUOTE 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	2

Form B: Prices	2

PART B - Bidding Procedures

B1.	Project Title	2

B2.	Submission Deadline	2

B3.	Site Investigation	2

B4.	Enquiries	2

B5.	Confidentiality	2

B6.	Addenda	2

B7.	Bid Components	2

B8.	Bid	2

B9.	Prices	2

B10.	Disclosure	2

B11.	Conflict of Interest and Good Faith	2

B12.	Qualification	2

B13.	Opening of Bids and Release of Information	2

B14.	Irrevocable Bid	2

B15.	Evaluation of Bids	2

B16.	Award of Contract	2

PART C - General Conditions

C0.	General Conditions	2

PART D - Supplemental Conditions

General

D1.	General Conditions	2

D2.	Scope of Work	2

D4.	Definitions	2

D5.	Contract Administrator	2

D6.	Accessible Customer Service Requirements	2

D7.	Unfair Labour Practices	2

Submissions

D8.	Safe Work Plan	2

Schedule of Work

D9.	Commencement	2

D10.	Total Performance	2

D11.	Liquidated Damages	2

D12.	Supply Chain Disruption Schedule Delays	2

Control of Work

D13.	Laws and Regulations	2

D14.	Prime Contractor – The Workplace Safety and Health Act (Manitoba)	2

D15.	The Workplace Safety and Health Act (Manitoba) – Qualifications	2

Measurement and Payment

D16.	Invoices	2

D17.	Payment	2

Dispute Resolution

D18.	Dispute Resolution	2

Indemnity

D19.	Indemnity	2

PART E - Specifications

General

E1.	Applicable Specifications and Drawings	2

E2.	Utilities	2

E3.	Protective Barricades	2

E4.	Demolition	2

E5.	Salvaged Materials	2

E6.	Recycling of Concrete	2

E7.	Hazardous Materials	2

E8.	Verification of Weights	2

E9.	Truck Weight Limits	2

Photos

Form A: Bid (See B8)
Project Title	Click or tap here to enter text.
Bidder (Mailing address if different)	__________________________________________________________ Name of Bidder __________________________________________________________ Usual Business Name of Bidder as it appears on Invoice (if different from above) __________________________________________________________ Street __________________________________________________________ City Province Postal Code __________________________________________________________ Email Address of Bidder __________________________________________________________ Facsimile Number __________________________________________________________ Street or P.O. Box __________________________________________________________ City Province Postal Code _________________________________________________________ GST Registration Number (if applicable)
Contact Person	The Bidder hereby authorizes the following contact person to represent the Bidder for purposes of the Bid. __________________________________________________________ Contact Person Title __________________________________________________________ Telephone Number Facsimile Number
Offer	The Bidder hereby offers to perform the Work in accordance with the Contract for the Total Bid Price, in Canadian funds, set out on Form B: Prices, appended hereto.
Commencement of the Work	The Bidder agrees that no Work shall commence until they are in receipt of a Purchase Order from the Award Authority authorizing the commencement of the Work.
Contract	By submitting a bid in response to this Tender, the Bidder certifies that it has read, understands, and agrees to the terms and conditions of this Tender and that the Tender, in its entirety shall be deemed to be incorporated in and to form a part of this offer notwithstanding that not all parts thereof are necessarily attached to or accompany this Bid.
Addenda	The Bidder certifies that the following addenda have been received and agrees that they shall be deemed to form a part of the Contract: No. _________ Dated ________________________________
Time	This offer shall be open for acceptance, binding and irrevocable for a period of ^ (^) Calendar Days following the Submission Deadline.
Indigenous Self-Declaration	The City is requesting that Bidders identify if their business is at least 51% owned by one or more Indigenous persons of Canada. YES, 51% or more Indigenous ownership NO, it is not This information is being gathered for statistical purposes only and will not be used for purposes of evaluation.
Signatures	The Bidder or the Bidder’s authorized official or officials have signed this ___________________ day of ____________________ , 20________ . Signature of Bidder or Bidder’s Authorized Official or Officials __________________________________________________________ __________________________________________________________ (Print here name and official capacity of individual whose signature appears above)

Form B: Prices (See B9.1) Click or tap here to enter text.
UNIT PRICES
ITEM NO.	DESCRIPTION	SPEC. REF.	UNIT	QUANTITY	UNIT PRICE
Demolish ^	^	each	1
Demolish ^	^	each	1
Demolish ^	^	each	1
Demolish ^	^	each	1
Demolish ^	^	each	1
Demolish ^	^	each	1
Demolish ^	^	each	1
Demolish ^	^	each	1
Demolish ^	^	each	1
Demolish ^	^	each	1
_________________________________ Name of Bidder

Bidding Procedures

Project Title

Click or tap here to enter text.

Submission Deadline

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

Bids determined by the Project Officer to have been received later than the Submission Deadline will not be accepted and will be returned upon request.

Site Investigation

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

The Bidder is advised that ^

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

Enquiries

All enquiries shall be directed to the Contract Administrator identified in D4.1.

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 notify the Contract Administrator of the error, discrepancy or omission, or request a clarification as to the meaning or intent of the provision 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.

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.

The Bidder shall acknowledge receipt of each addendum in Paragraph 7 of Form A: Bid. Failure to acknowledge receipt of an addendum may render a Bid non-responsive.

Notwithstanding B4, enquiries related to an Addendum may be directed to the Contract Administrator indicated in D4.

Bid Components

The Bid shall consist of the following components:

Form A: Bid;

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 Submission may be submitted by mail, courier or personal delivery, facsimile transmission or electronic mail (email).

If the Bid Submission is submitted by mail, courier or personal delivery, it shall be enclosed and sealed in an envelope clearly marked with the Tender number and the Bidder's name and address, and shall be submitted to:

The City of Winnipeg

Planning, Property and Development

4th Floor, 185 King Street,

Winnipeg MB R3B 1J1

ATTENTION Contract Administrator : ^

If the Bid Submission is submitted by facsimile transmission, it shall be submitted to 204-986-7311.

Bids submitted by internet electronic mail (e-mail) shall be sent to: ^.

The Bidder is advised that the City cannot take responsibility for the availability of the facsimile machine or internet connections at any time or guarantee the successful receipt of a faxed Bid Submission.

Bidders are advised that inclusion of terms and conditions inconsistent with the Tender document, including the General Conditions, will be evaluated in accordance with B15.1(a).

Bid

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

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

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

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

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

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

If a Bid is submitted jointly by two or more persons, each and all such persons shall identify themselves in accordance with B8.2.

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

Paragraph 10 of Form A: Bid shall be signed in accordance with the following requirements:

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

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

if the Bidder is a corporation, it shall be signed by their duly authorized officer or officers and the corporate seal, if the corporation has one, should be affixed;

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

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

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

Prices

The Bidder shall state a price in Canadian funds for each item of the Work identified on Form B: Prices.

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 B11.2 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 B11.3, 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 B11.3, 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 B11.4 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 and/or any proposed Subcontractor (for the portion of the Work proposed to be subcontracted to them) shall:

be listed on the City of Winnipeg’s Pre-Qualified Bidder’s List for the type of Work being proposed; and

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

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

have completed the Accessible Customer Service online training required by the Accessibility for Manitobans Act (AMA) (see B12.2 and D6).

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

Further to B11, the Bidder shall, be prepared to submit within five (5) Business Days of a request by the Contract Administrator, provide 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.

The Bidder shall provide, on the request of the Contract Administrator, full disclosure of the availability of the equipment listed in Form K: Equipment in Bid Opportunity 8-2014 Request for Qualifications for the Demolition of Small Buildings.

Opening of Bids and Release of Information

Bids will not be opened publicly.

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 8 of Form A: Bid.

The acceptance by the City of any Bid shall not release the Bids of the next two lowest evaluated responsive Bidders and these Bidders shall be bound by their Bids on such Work for the time period specified in Paragraph 8 of Form A: Bid.

Evaluation of Bids

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

compliance by the Bidder with the requirements of the Tender, or acceptable deviation therefrom (pass/fail);

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

total bid price;

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

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

Further to B15.1(c), where the Total Bid Price exceeds the funds stated in D2.4, the City may determine that no award will be made in accordance with B16.2.1(a).

The Contract(s) will be awarded by item as identified on Form B: Prices.

Notwithstanding B9.1, the Bidder may, but is not required to, bid on any one or more items.

Award of Contract

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

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

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

the prices exceed the available City funds for the Work;

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

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

only one Bid is received; or

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

Where an award of Contract is made by the City, the award shall be made to the qualified Bidder submitting the lowest evaluated responsive Bid, in accordance with B15.

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

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

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

General Conditions

General Conditions

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

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

A reference in the 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 of the demolition of ^

Further to C6, the City has

applied for the Demolition Permit on behalf of the Demolition Contractor;

arranged to have the gas and hydro connections disconnected and meters removed by others.

If any item in D2.2(b) is located within the proposed building, refer to E5.4

The funds available for this Contract are ^

Site Investigation Due Diligence and Risk

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

Definitions

When used in this Tender:

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

Contract Administrator

The Contract Administrator is:

^

^

Planning, Property and Development

Winnipeg MB R3B 1J1

Telephone No.	204 ^

Email address:	^

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 D7.3, 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 D7.5. The City may also hold back the amount of the Unfair Labour Practice Penalty from payment for any amount it owes the Contractor.

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

Submissions

Safe Work Plan

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

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 B12.1(b) 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.

Schedule of Work

Commencement

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

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

has picked up and paid for a Demolition Permit and is in receipt of a Purchase Order from the Contract Administrator; and

authorized by the Contract Administrator and provided the key to the premise, if available; and

the Contract Administrator has confirmed receipt and approval of a copy of the Demolition Permit obtained by the Contractor; and

if applicable, the Contract Administrator has obtained a Caveat Registration Number from the City’s Development and Inspections Division, indicating the Demolition Order has been registered to the property; and

the Contract Administrator has provided in writing of the intended demolition Work to the owner of any building, structure or property connected or adjacent to the demolition site, or that may be affected by the demolition; and

if applicable, the Contract Administrator has arranged for the removal of vehicles on the property. These vehicles will be stored off site and returned to the Site after the demolition has been completed.

the Contract Administrator has confirmed receipt and approval of:

the Safe Work Plan specified in D8;

has set up direct deposit to the Contractor’s banking institution as per D17.2

The Contractor shall not commence the building or structure demolition Work on the Site until:

the Contractor has contacted the City’s, Water and Waste Department, Water Billing at 204-986-2455 and has arranged to have the water turned off and the meter removed; and

the Contractor has obtained the necessary Service Permits from the City’s Public Works Department, cut-off and abandoned all existing sewer and water pipes, including having arranged for an Inspection of the cut-offs by the City’s Water and Waste Department as described in E2.2; and

the Contractor has notified the Contract Administrator that Inspection of the water and sewer cut-offs have occurred.

The Contractor shall commence the Work on the Site within seven (7) Working Days of receipt of the Purchase Order, providing the Demolition permit has been issued.

The Contractor shall notify the Contract Administrator at least two (2) working days in advance before commencement of the Work.

The Contract Administrator shall issue the Brady Landfill Authorization Form only after the Contractor has given the proper notification of commencement.

The Contract Administrator shall email or fax Brady Landfill the Brady Landfill Authorization Form the day prior to commencement.

Upon commencement of Work, the Contractor shall work continuously every Working Day until the Work of the Contract has been completed to the satisfaction of the Contract Administrator.

The City, at their option, may delete any Site from the Contract before the Contractor starts work, in which case, no payment will be made to the Contractor for that Site.

Total Performance

The Contractor shall achieve Total Performance within ^ (^) consecutive Working Days of the commencement of the Work as specified in D9.

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.

If the demolition occurs when the ground or backfill material is frozen, the Contractor shall return to the demolition Site when the ground has thawed and notify the Contract Administrator of the site condition. If the ground has settled, and if authorized by the Contract Administrator, the Contractor shall add more clean earth to satisfy the requirements in E4.9.

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

The amount specified for liquidated damages in D11.1 is based on a genuine pre-estimate of the City's 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.

Any fines or penalties that may be levied against the Contractor under any City By-Law will not be considered part of any liquidated damages in connection with this Contract.

Supply Chain Disruption Schedule Delays

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

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

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

For any delay related to Supply Chain Disruption and identified after Work has commenced, the Contractor shall within seven (7) Calendar Days of becoming aware of the anticipated delay declare the additional delay and shall provide sufficient evidence as indicated in D12.3. 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 D10 where applicable, will be adjusted to reflect delays accepted by the Contract Administrator. No additional payment will be made for adjustment of schedules except where seasonal work, not previously identified in the Contract, is carried over to the following construction season.

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

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

Control of Work

Laws and Regulations

Further to C6.13, the Contractor shall carry out all demolition work in strict compliance with all applicable regulations, acts, codes, and by-laws including but not restricted to the following:

CSA Code S350-M1980 (R2003) Code of Practice for Safety in Demolition of Structures;

Manitoba Workplace Safety and Health Regulation – Part 33 – Demolition Work

National Building Code of Canada (2010);

Manitoba Building Code;

Winnipeg Building By-Law;

Workplace Safety and Health Act;

City of Winnipeg Streets By-law;

City of Winnipeg Traffic By-law;

Manitoba Highway Traffic Act; and

City of Winnipeg Manual of Temporary Traffic Control in Work Areas on City Streets.

Further to C6.13, the City has applied for the Demolition Permit and other required applications such as a Waterway Permit and Urban Design Review. These Permits should be in place by the time the successful Bidder receives a purchase order for the Work. The City is responsible for the Waterway Permit and Urban Design Review costs.

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 B12.1, 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 B12.1.

Measurement and Payment

Invoices

Further to C12, the Contractor shall submit an invoice for each address 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

Email: CityWpgAP@winnipeg.ca

Invoices must clearly indicate, as a minimum:

the City's purchase order number;

date(s) of Work;

Site(s) or address(s) of Work;

description, quantity and unit price(s) of Work performed;

total amount payable with GST and MRST (PST), where applicable, shown as separate amounts;

where applicable, the Contractor's GST registration number; and

water meter receipt received from Water and Waste Department, if applicable.

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

The Contractor shall submit a copy of the demolition permit and copies of the tipping tickets with their invoice.

Prior to payment, the Contractor shall submit a copy of the Demolition Permit, Water and Waste Department water meter receipt if applicable, and copies of all the tipping tickets (Brady Road Landfill) with their invoice.

Bid Submissions must not be submitted to the above facsimile number. Bids must be submitted in accordance with B7.

Payment

Further to C12, the Contractor shall submit invoices to the location designated on the Purchase Order.

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

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 D18.

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 Division 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 D18.4.3, as extended if applicable, has elapsed, the Contract Administrator will issue a Final Determination as defined in C1.1(v), at which point the parties will be governed by the Dispute Resolution process set out in C21.

Indemnity

Indemnity

Indemnity shall be as stated in C17.

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

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

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

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

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

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

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

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

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

Specifications

General

Applicable Specifications and Drawings

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.

The following are applicable to the Work:

Drawing No.	Drawing Name/Title
Cover Sheet

Utilities

The Contractor shall cut-off and abandon all sewer and water service pipes. If the Contractor is not licensed to complete this work, the Contractor shall subcontract the work to a subcontractor licensed by the City to do such work on behalf of the Contractor.

The Contractor shall arrange and pay for the appropriate utility to disconnect and seal off from the Site, all service lines, pipes or conduits other than gas and hydro, that service the building(s) to be demolished.

The Contractor shall provide each utility with adequate prior notification as to when they will require these disconnections and sealing off services.

Further to D2.2, the City has arranged to have the gas and hydro connections disconnected and meters removed.

Meters that are located within the building, please refer to E5.4

Protective Barricades

The Contractor shall provide and erect all protective barricades as required for demolition of buildings in accordance with the requirements of the employment safety regulations under the Workplace Safety and Health Act, Employment Safety Act and Winnipeg By-Law No. 1481/77 pertaining to erection of barricades for protection.

The Contractor shall also provide additional temporary barricades or rope off temporary demolition zones in the street right of way as may be necessary for any dangerous demolition operation in order to keep the public away from the Site. Such temporary barricades shall be removed as soon as possible in order to prevent unnecessary interruption of traffic.

The Contractor shall be responsible for maintaining all protective barricades, including gates, walks, lights, etc. in a good operating condition for the entire period of the demolition to the satisfaction of the Contract Administrator.

Demolition

Further to C6.29, during the period between the award of Contract and the actual demolition, the Contractor shall maintain the building(s) in a boarded up state.

The Contractor shall complete a thorough check of the interior of building and premises just prior to starting the demolition. The Contractor shall stop work and notify the Contract Administrator if the building is inhabited with unauthorized persons or animals.

The Contractor shall remove from the building or structure before demolition work begins:

glass, metal cornices or other material that may shatter.

any flammable or explosive materials or gas cylinders

where anything mentioned in E4.3(b) cannot be removed, it is made safe.

The Contractor shall have a competent person supervising the demolition Work at all times when demolition Work is in progress.

The Contractor shall demolish the existing buildings, structures, fences, sidewalks, etc. on the Site. The Contractor shall completely demolish all buildings and structures/foundations that are above and below ground and remove all debris and rubbish from the Site. The Contractor shall not store or permit debris or rubbish to accumulate on the Site for more than one Working Day.

The Contractor shall completely clear the Site except for any existing trees unless directed otherwise by the Contract Administrator.

The Contractor shall protect all existing trees located on the Site or within the street right-of-way from damage during the demolition operation.

The City trees must be protected according to the City’s “Tree Protection During Construction” specifications. These specifications can be found on the City’s website: https://winnipeg.ca/publicworks/parksOpenSpace/UrbanForestry/PDF/Principles_and_Guidelines.pdf

The Contractor shall not remove existing trees and/or large shrubs without the written consent of the Contract Administrator.

For removal or pruning of an existing tree, the Contractor shall hire and pay for a certified International Society of Arboricultural (ISA) arborist that is licensed in Manitoba to remove trees/branches on the Site that pose a potential safety risk.

Prior to the removal or pruning of an existing tree, the Contractor shall identify if it is an elm tree. The Contractor shall dispose of all elm wood at the Brady Road Landfill site in a timely manner. In accordance with the Forest Health Protection Act, it is illegal to store elm wood for any purpose. Elm trees cannot be pruned from April 1 to July 31.

The Contractor shall keep the exposed basement areas of the Site free of water until it has been backfilled to the satisfaction of the Contract Administrator. All equipment, pumps and appurtenances as may be required to keep these areas free of water shall be provided and maintained by the Contractor.

The Contractor shall remove all fences on the property, except the ones that separate properties, unless directed otherwise by the Contract Administrator.

The Contractor shall fill the area below the existing ground exposed by the demolition with clean earth to a depth of 300 mm above the surface of the existing ground at the Site of the building.

The clean earth fill shall be free of debris and rubbish of any kind and be approved by the Contract Administrator.

The Contractor shall not place backfill material until the Contract Administrator has inspected the excavation. Should any backfill be placed before the permission of the Contract Administrator has been obtained, the excavation shall be re-opened by the Contractor, at their expense.

The Contractor shall control dust from the demolition operations by suitable means to prevent harm to the work crews and the public to the satisfaction of the Contract Administrator.

The Contractor shall utilize rubbish chutes to carry down all rubbish from the building under demolition where necessary.

The Contractor shall ensure that the demolition operation be conducted with the minimum interference with streets, sidewalks, etc. No salvage material shall be placed or stored on streets, sidewalks, etc. within or surrounding the Site.

The Contractor shall not burn debris or other material on the Site.

Unless directed otherwise by the Contract Administrator, the Contractor shall haul and deposit all material, except as described in E5 and E6, from the Site to the City’s Brady Road Landfill site.

The City will be responsible for the tipping fees for all demolition material not salvaged or recycled by the Contractor.

The Contractor shall submit, within twenty-four hours of a request by the Contract Administrator, how many tonnes of organic/building material and how many tonnes of concrete/rubble each Site is expected to generate. The Contractor shall haul the two materials separately; no mixed loads will be accepted at the Brady Road Landfill site or the concrete crushing plant described in E6.1.

Salvaged Materials

All salvaged building materials resulting from the demolition including fixtures, except items noted hereinafter, shall become the property of the Contractor and shall be removed from the Site.

For City owned properties:

all goods and chattels at the Site shall become the property of the City, and shall be removed by the City prior to the demolition and sold to offset the cost of the demolition, unless in the judgment of the Contract Administrator these goods have no reclaimable value, in which case, these items shall become the property of the Contractor.

For privately owned properties:

all goods and chattels at the Site shall be disposed of by the Contractor as refuse.

Service meters shall remain the property of the utility owning service.

The Contractor shall contact the City’s Water and Waste Department, Water Billing at 204-986-2455 and arrange to have the water turned off and water meter removed.

The Contractor shall return abandoned water meters to the City’s Water and Waste Department, Emergency Services, Stores - 552 Plinquet Street, east end of building, within seven (7) days of disconnection.

The Contractor shall supply the Contract Administrator with the water meter receipt received from the City’s Water and Waste Department. The receipt shall accompany the Contractor’s invoice.

Should the gas meter be located in the building at time of demolition, the Contractor shall retrieve and return it to Manitoba Hydro Stores (Receiving Door) located at 400 Dovercourt Drive. Notify Manitoba Hydro at 204-360-5874 in advance of meter delivery.

Recycling of Concrete

The Contractor shall recycle all rebar, concrete and concrete products by:

removing the rebar and crushing the concrete and concrete products to 100 mm down, utilizing the Contractor’s own forces or others, then recycling the material as the Contractor sees fit; or

stockpiling rebar, concrete and concrete products on the Contractor’s own property for future recycling as the Contractor sees fit; or

loading and hauling the separated rebar, concrete and concrete products directly to

Brady Road Resource Management Facility (BRRMF) located at 1901 Brady Road, Winnipeg,

All loads arriving at the BRRMF must report to the Scale Building.

Any loads arriving on site at BRRMF that are deemed by the BRRMF Scale Operator to be contaminated with other materials shall be subject to additional charges.

The Contractor shall not stockpile rebar, concrete or concrete products at the Site.

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 instructions by the Contract Administrator.

Hazardous materials may include, but not limited to, asbestos containing materials, PCB light ballasts, mercury containing thermostats, and refrigerants.

The Contractor shall stop all work and notify the Contract Administrator if ammunition, firearms, bombs, and other potential explosive devices are encountered.

Verification of Weights

All material which is paid for on a weight basis shall be weighed on a scale certified by Consumer & Corporate Affairs, Canada.

All weight tickets shall have the gross weight and the time and date of weighing printed by an approved electro/mechanical printer coupled to the scale.

The tare weight and net weight may either be hand written or machine printed. All weights, scales and procedures shall be subject to inspection and verification by the Contract Administrator. Such inspection and verification may include, but shall not be limited to:

checking Contractor's scales for Consumer & Corporate Affairs certification seals;

observing weighing procedures;

random checking of either gross or tare weights by having such trucks or truck/trailer(s) combinations as the Contract Administrator shall select weighed at the nearest available certified scale;

checking tare weights shown on delivery tickets against a current tare.

The Contractor shall ensure that each truck or truck/trailer(s) combination delivering material which is paid for on a weight basis carries a tare not more than one (1) month old.

The tare shall be obtained by weighing the truck or truck/trailer(s) combination on a certified scale and shall show:

upon which scale the truck or truck/trailer(s) combination was weighed;

the mechanically printed tare weight;

the license number(s) of the truck and trailer(s);

the time and date of weighing.

Truck Weight Limits

The City shall not pay for any portion of material which results in the vehicle exceeding the maximum gross vehicle weight allowed under The City of Winnipeg Traffic By-Law, unless such vehicle is operating under special permit.

Photos

^