THE CITY OF WINNIPEG

REQUEST FOR PROPOSAL

Professional Consulting Services for ^

SPEC NOTE: All clauses included in this template are mandatory and may not be deleted or modified unless approved in writing by the Manager of Materials.

SPEC NOTE: Departmental use for consulting services under 75K.

*** SPEC NOTE: If there are any funding agreements related to a Request for Proposal, then the Consulting Contract Administrator should review the funding agreement to ensure that the Supplemental Conditions include clauses to ensure compliance with the funding agreement, particularly in the areas of Insurance, Indemnity, Document Retention and Third Party Contract requirements. The Consulting Contract Administrator should consult with Legal Services, to ensure the Supplemental Condition wording aligns with the applicable funding agreement, submit a Legal Service Request Form to Legal Service Request Form with the proposed wording included.

SPEC NOTE: Where a Spec Note is provided, modifications may only be made in accordance with the Spec Note, unless approved in writing by the Manager of Materials.

Version Consulting RFP Under75K 2023 05 10

Proposals shall be submitted to:

The City of Winnipeg

^ Division

^ Department

^

Winnipeg MB ^

Attention: ^

TABLE OF CONTENTS

SPEC NOTE: The Table of Contents is automatically generated. When the template is first opened, page numbers may be incorrect. To update, right click anywhere in the field (shaded area) and select Update Field, Update entire table. When printing, the update prompt may display if any changes have been made since the previous update.

PART A - PROPOSAL SUBMISSION

Form A: Proposal	1

Form P: Person Hours	1

PART B - Bidding Procedures

B1.	Contract Title	1

B2.	Submission Deadline	1

B3.	Enquiries	1

B4.	Confidentiality	1

B5.	Addenda	1

B6.	Proposal Submission	2

B7.	Proposal (Section A)	3

B8.	Fees (Section B)	3

B9.	Experience of Proponent and Subconsultants (Section C)	4

B10.	Experience of Key Personnel Assigned to the Project (Section D)	4

B11.	Project Understanding and Methodology (Section E)	5

B12.	Project Schedule (Section F)	5

B13.	Disclosure	5

B14.	Conflict of Interest and Good Faith	6

B15.	Qualification	7

B16.	Opening of Proposals and Release of Information	8

B17.	Irrevocable Offer	8

B18.	Withdrawal of Offers	8

B19.	Interviews	9

B20.	Negotiations	9

B21.	Evaluation of Proposals	9

B22.	Award of Contract	10

PART C - General Conditions

C0.	General Conditions	1

PART D - Supplemental Conditions

General

D1.	General Conditions	1

D2.	Consulting Contract Administrator	1

D3.	Background	1

D4.	Scope of Services	1

D5.	Definitions	1

D6.	Accessible Customer Service Requirements	2

D7.	Unfair Labour Practices	2

Submissions Prior to Start of Services

D8.	Authority to Carry on Business	3

D9.	Insurance	3

Schedule of Services

D10.	Commencement	4

D11.	Supply Chain Disruption Schedule Delays	5

Measurement and Payment

D12.	Invoices	5

D13.	Payment	6

Dispute Resolution

D14.	Dispute Resolution	6

PART E - Security Clearance

E1.	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

Appendix A –

Appendix B –

Appendix C –

Form A: Proposal

(See B7)

Contract Title	PROFESSIONAL CONSULTING SERVICES FOR ^
Proponent

(Mailing address if different)

(Choose one)

__________________________________________________________

Name of Proponent (Legal Name)

__________________________________________________________

Usual Business Name of Proponent as it appears on Invoice (if different from above)

__________________________________________________________

Street

__________________________________________________________

City	Province	Postal Code

__________________________________________________________

Email Address of Proponent

__________________________________________________________

Facsimile Number

__________________________________________________________

Street or P.O. Box

__________________________________________________________

City	Province	Postal Code

__________________________________________________________

GST Registration Number (if applicable)

The Proponent is:

a sole proprietor

a partnership

a corporation

carrying on business under the above name.
Contact Person	The Proponent hereby authorizes the following contact person to represent the Proponent for purposes of the Proposal.

__________________________________________________________

Contact Person	Title

__________________________________________________________

Telephone Number	Facsimile Number
Offer	The Proponent hereby offers to perform the Services in accordance with the Contract for the Fees, in Canadian funds, set out in the Proposal Submission.

Commencement

of the Services	The Proponent agrees that no Services shall commence until it is in receipt of a notice of award from the City authorizing the commencement of the Services.

Contract	By submitting a bid in response to this RFP, the Proponent certifies that it has read, understands, and agrees to the terms and conditions of this RFP and that the RFP, 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 Proposal.

Addenda	The Proponent 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 sixty (60) Calendar Days following the Submission Deadline.

Indigenous Self-Declaration

The City is requesting that Proponents 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 Proponent or the Proponent’s authorized official or officials have signed this

___________________ day of ____________________ , 20________ .

Signature of Proponent or

Proponent’s Authorized Official or Officials

_____________________________________________________

_____________________________________________________

(Print here name and official capacity of individual whose signature appears above)

_____________________________________________________

_____________________________________________________

(Print here name and official capacity of individual whose signature appears above)

Form P: Person Hours

(See B8)

PROFESSIONAL CONSULTING SERVICES FOR ^

Phase and Task Description
Summary
Role/ Project Role:	Total Person-Hours
Labour Fees	Allowable Disbursements	Other Disbursements	Total Fees
Name:
Hourly Rate:
Phase 1 Project Planning and Preliminary Design
1. Preliminary Design
Hours
Fees
Phase 2 Detailed Design and Contract Preparation
2. Detailed Design (expanded description)
Hours
Fees
Phase 3 Contract Administration Services
3. Contract Administration ( description)
Hours
Fees
Phase 4 Post Construction
4. Post Construction Services - (describe)
Hours
Fees
Total Hours
TOTAL FEES
Name of Proponent

Bidding Procedures

Contract Title

PROFESSIONAL CONSULTING SERVICES FOR ^

SPEC NOTE: DO NOT USE TRACK CHANGES ON THESE TEMPLATES AS IT WILL OVER RIDE THE FORMATTING AND YOUR DOCUMENT MAY BE RENDERED UNUSABLE

Submission Deadline

The Submission Deadline is 12:00 noon Winnipeg time, ^.

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

Enquiries

All enquiries shall be directed to the Consulting Contract Administrator identified in D2.

If the Proponent finds errors, discrepancies or omissions in the Request for Proposal (RFP), or is unsure of the meaning or intent of any provision therein, the Proponent shall promptly notify the Consulting 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 Consulting Contract Administrator, require a correction to or a clarification of the RFP will be provided by the Consulting Contract Administrator by issuing an addendum.

All correspondence or contact by Proponents with the City in respect of this RFP must be directly and only with the City’s Consulting Contract Administrator. Failure to restrict correspondence and contact to the Consulting Contract Administrator may result in the rejection of the Proponents Proposal Submission.

The Proponent shall not be entitled to rely on any response or interpretation received pursuant to B3 unless that response or interpretation is provided by the Consulting Contract Administrator in writing.

Confidentiality

Information provided to a Proponent by the City or acquired by a Proponent 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 Consulting Contract Administrator. The use and disclosure of the confidential information shall not apply to information which:

was known to the Proponent before receipt hereof; or

becomes publicly known other than through the Proponent; or

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

The Proponent shall not make any statement of fact or opinion regarding any aspect of the Request for Proposal to the media or any member of the public without the prior written authorization of the Consulting Contract Administrator.

Addenda

The Consulting Contract Administrator may, at any time prior to the Submission Deadline, issue Addenda correcting errors, discrepancies or omissions in the Request for Proposal, or clarifying the meaning or intent of any provision therein.

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

Notwithstanding B3, enquiries related to an Addendum may be directed to the Consulting Contract Administrator indicated in D2.

Proposal Submission

The Proposal shall consist of the following components:

Form A: Proposal (Section A) in accordance with B7; and

Fees (Section B) in accordance with B8.

SPEC NOTE: Revise or Delete as required.

The Proposal should also consist of the following components:

Experience of Proponent and Subconsultants (Section C) in accordance with B9;

Experience of Key Personnel Assigned to the Project (Section D) in accordance with B10;

Project Understanding and Methodology (Section E) in accordance with B11; and

Project Schedule (Section F) in accordance with B12.

Further to B6.1, all components of the Proposal shall be fully completed or provided in the order indicated, and submitted by the Proponent no later than the Submission Deadline, with all required entries made clearly and completely, to constitute a responsive Proposal.

Further to B6.2, all components of the Proposal should be fully completed or provided in the order indicated, and submitted by the Proponent no later than the Submission Deadline, with all required entries made clearly and completely.

Proponents should submit one (1) unbound 8.5” x 11” Proposal. Copies are not required. Drawings, charts and tables etc. included as part of the Proposal should not exceed 11” x 17” (ledger) size.

SPEC NOTE: Revise B6.6 as required

Proposal format, including type of binding, number of pages, size of pages and, font, etc., will not be regulated, except that the Proposal should contain a table of contents, page numbering and should be in the Sections identified above. Proponents are encouraged to use their creativity to submit a Proposal which provides the requested information for evaluation and other information which illustrates the strength of their team.

Proponents are advised that inclusion of terms and conditions inconsistent with the Request for Proposal, will be evaluated in accordance with B21.1(a).

Proposals submitted by facsimile transmission (fax) or internet electronic mail (e-mail) will not be accepted.

Proposals shall be submitted to:

^

The City of Winnipeg

^Department

^Engineering Division

^

Winnipeg MB

Attention: ^

Any cost or expense incurred by the Proponent that is associated with the preparation of the Proposal shall be borne solely by the Proponent.

Proposal (Section A)

The Proponent shall complete Form A: Proposal, making all required entries.

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

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

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

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

if the Proponent 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 Proposal is submitted jointly by two or more persons, each and all such persons shall identify themselves in accordance with B7.2.

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

Paragraph B9 of Form A: Proposal shall be signed in accordance with the following requirements:

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

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

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

if the Proponent 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: Proposal should be printed below such signatures.

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

Fees (Section B)

VERSION 1 - Use this version of B8.1 for a Fixed Fee Contract.The Proposal shall include a Fixed Fee for all disciplines and/or phases identified in D4 Scope of Services.

VERSION 2 - Use this version of B8.1 for a Time Based Contract.The Proposal shall include a Time Based Fee schedule calculated on a time basis for all disciplines and/or phases identified in D4 Scope of Services.

VERSION 3 - Use this version of B8.1 for a Percentage Based Contract.The Proposal shall include a Percentage Based Fee calculated on a percentage basis for all disciplines and/or phases identified in D4 Scope of Services and based on the estimated Final Total Construction Cost.

Adjustments to Fees will only be considered based on increases to the Scope of Services.

The City will not consider an adjustment to the Fees based on changes in the Project budget or the Final Total Construction Cost.

Notwithstanding C1.1(b), Fees shall include costs for out of town travel, related meals and accommodations for the duration of the Project and shall not be considered an Allowable Disbursement.

The Fee Proposal shall also include an allowance for Allowable Disbursements as defined in C1.1(b), but shall exclude the costs of any materials testing, soils and hazardous materials investigation during construction.

Notwithstanding C11.1, Fees submitted shall not include the Goods and Services Tax (GST) or Manitoba Retail Sales Tax (MRST, also known as PST), which shall be extra where applicable.

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

Experience of Proponent and Subconsultants (Section C)

Proposals should include:

details demonstrating the history and experience of the Proponent and Subconsultants in providing programming; design, management of construction and contract administration services on projects of similar complexity, scope and value.

The Proposal should include general firm profile information, including years in business, average volume of work, number of employees and other pertinent information for the Proponent and all Subconsultants.

Experience of Key Personnel Assigned to the Project (Section D)

Describe your approach to overall team formation and coordination of team members.

Include an organizational chart for the Project.

Identify the following Key Personnel assigned to the Project:

Consulting Contract Administrator;

Effective January 1, 2018, the City reserves the right to stipulate that any projects that include Public Engagement work will require that all Public Engagement work be performed by a public engagement professional who has completed the Foundations in Public Participation offered by IAP2.

Submit the experience and qualifications of the Key Personnel assigned to the Project for projects of similar complexity, scope and value, including the principals-in-charge, the Consultant Representative, managers of the key disciplines and lead designers . Include educational background and degrees, professional recognition, job title, years of experience in current position, years of experience in design and years of experience with existing employer. Roles of each of the Key Personnel in the Project should be identified in the organizational chart referred to in B10.1.1.

For each person identified, list at least two comparable projects in which they have played a primary role similar to that proposed for this Project. If a project selected for a key person is included in B9, provide only the project name and the role of the key person. For other projects provide the following:

Description of project;

Role of the person;

Project Owner;

Reference information (two current names with telephone numbers and email addresses per project).

Project Understanding and Methodology (Section E)

Describe your firm’s project management approach and team organization during the performance of Services, so that the evaluation committee has a clear understanding of the methods the Proponent will use in the delivery of this Project.

Methodology should be presented in accordance with the Scope of Services identified in D3.1.

Describe the collaborative process/method to be used by the Key Personnel of the team in the various phases of the Project.

Proposals should address:

the team’s understanding of the broad functional and technical requirements;

the team’s understanding of the urban design issues;

the proposed Project budget;

the City’s Project methodology with respect to the information provided within this RFP and the City’s Project Management Manual at http://winnipeg.ca/infrastructure/asset-management-program/templates-manuals.stm#2 and templates at http://winnipeg.ca/infrastructure/asset-management-program/templates-manuals.stm#4 ; and;

any other issue that conveys your team’s understanding of the Project requirements.

The Proposal should include Form P: Person Hours for all disciplines and or phases identified in D3.1 Scope of Services.

The total Fees on Form P: Person Hours should match Fees submitted in response to B8.

Proponents may use Form P: Person Hours or a table of their own design provided it includes all information requested in accordance with B11.5.

A sample of Form P: Person Hours can be found at https://winnipeg.ca/matmgt/templates/information.stm

For each person identified in B10.2, list the percent of time to be dedicated to the Project in accordance with the Scope of Services identified in D3.1.

Project Schedule (Section F)

Proponents should present a carefully considered schedule which addresses each requirement of the Scope of Services.

The Proponent’s schedule should include critical dates for review and approval processes by the City and other organizations anticipated during the design and tendering phases of the Project. Reasonable times should be allowed for completion of these processes.

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, Proponents, by responding to this RFP, 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 Proponent or Key Personnel 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 Proposals or award of the Contract; or

compromise, impair or be incompatible with the effective performance of a Proponent’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 RFP process or the Project; or

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

In connection with their Proposal, each entity identified in B14.2 shall:

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

upon discovering any perceived, potential or actual Conflict of Interest at any time during the RFP process, promptly disclose a detailed description of the Conflict of Interest to the City in a written statement to the Consulting 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 B14.3, 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 Proponent 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 B14.3, 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 Proponent that fails to disclose a perceived, potential or actual Conflict of Interest of the Proponent or any of their Key Personnel;

require the removal or replacement of any Key Personnel 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 Proponent or Key Personnel proposed for the Work that fails to comply with any requirements prescribed by the City pursuant to B14.4 to avoid or mitigate a Conflict of Interest; and

disqualify a Proponent if the Proponent, or one of their Key Personnel proposed for the Project, 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 Proponent 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, or if the Proponent does not carry on business in Manitoba, in the jurisdiction where the Proponent does carry on business;

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

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

have or establish and staff an office in Winnipeg for the duration of the Project.

The Proponent and any proposed Subconsultant (for the portion of the Services 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, Materials Management Division website at https://winnipeg.ca/finance/findata/matmgt/listing/debar.pdf

The Proponent and/or any proposed Subconsultant (for the portion of the Services proposed to be subcontracted to them) shall:

have successfully carried out services for the programming, design, management of construction and contract administration for architectural and/or engineering projects of similar complexity, scope and value; and to those required for this Project;

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

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

have the knowledge and resources to administer the requirements of The Workplace Safety and Health Act (Manitoba) during the construction works associated with this Contract;

undertake to meet all licensing and regulatory requirements of the appropriate governing authorities and associations in the Province of Manitoba; and

have completed the Accessible Customer Service online training required by the Accessibility for Manitobans Act (AMA) (see B15.4 and D6).

upon request of the Consulting Contract Administrator, provide the Security Clearances as identified in PART E - ;

Further to B15.3(f), the Proponent acknowledges they and all Subconsultants 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 Proponent shall submit, within three (3) Business Days of a request by the Consulting Contract Administrator, further proof satisfactory to the Consulting Contract Administrator of the qualifications of the Proponent and of any proposed Subconsultant.

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

Opening of Proposals and Release of Information

Proposals will not be opened publicly.

The Proponent is advised any information contained in any Proposal Submission 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 Proposal Submission identified by the Proponent 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.

Following the award of Contract, a Proponent will be provided with information related to the evaluation of their submission upon written request to the Consulting Contract Administrator.

Irrevocable Offer

The Proposal submitted by the Proponent shall be irrevocable for the time period specified in Paragraph B8 of Form A: Proposal.

The acceptance by the City of any Proposal shall not release the Proposals of the other responsive Proponents and these Proponents shall be bound by their offers on such Services for the time period specified in Paragraph 8 of Form A: Proposal.

Withdrawal of Offers

A Proponent may withdraw their Proposal without penalty by giving written notice to the Consulting Contract Administrator at any time prior to the Submission Deadline.

The time and date of receipt of any notice withdrawing a Proposal shall be the time and date of receipt as determined by the Consulting Contract Administrator.

The City will assume that any one of the contact persons named in Paragraph 3 of Form A: Proposal or the Proponent’s authorized representatives named in Paragraph 3 of Form A: Proposal, and only such person, has authority to give notice of withdrawal.

If a Proponent gives notice of withdrawal prior to the Submission Deadline, the Consulting Contract Administrator will:

retain the Proposal until after the Submission Deadline has elapsed;

open the Proposal to identify the contact person named in Paragraph 3 of Form A: Proposal and the Proponent’s authorized representatives named in Paragraph 10 of Form A: Proposal; and

if the notice has been given by any one of the persons specified in B18.1.3(b), declare the Proposal withdrawn.

Interviews

The Consulting Contract Administrator may, in their sole discretion, interview the Proponent during the evaluation process.

Negotiations

The City reserves the right to negotiate details of the Contract with the Proponent. The Proponent is advised to present their best offer, not a starting point for negotiations in their Proposal Submission.

If, in the course of negotiations pursuant to B18.1, the Proponent amends or modifies a Proposal after the Submission Deadline, the City may consider the amended Proposal as an alternative to the Proposal already submitted without releasing the Proponent from the Proposal as originally submitted.

Evaluation of Proposals

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

compliance by the Proponent with the requirements of the Request for Proposal or acceptable deviation therefrom:	(pass/fail)

qualifications of the Proponent and the Subconsultants, if any, pursuant to B15:	(pass/fail)

Fees (Section B);	40%

Experience of Proponent and Subconsultants (Section C);	20%

Experience of Key Personnel Assigned to the Project (Section D);	10%

Project Understanding and Methodology (Section E); and	20%

Project Schedule (Section F).	10%

Further to B21.1(a), the Award Authority may reject a Proposal as being non-responsive if the Proposal Submission is incomplete, obscure or conditional, or contains additions, deletions, alterations or other irregularities. The Award Authority may reject all or any part of any Proposal, or waive technical requirements or minor informalities or irregularities if the interests of the City so require.

Further to B21.1(b), the Award Authority shall reject any Proposal submitted by a Proponent who does not demonstrate, in their Proposal or in other information required to be submitted, that it is qualified.

If, in the sole opinion of the City, a Proposal does not achieve a pass rating for B21.1(a) and B21.1(b), the Proposal will be determined to be non-responsive and will not be further evaluated.

Further to B21.1(c), Fees will be evaluated based on Fees submitted in accordance with B8.

SPEC NOTE: Delete B21.6 and D4.4 if not stating the available funds available and lowering the points for Fees/Total Bid Price in the evaluation.

Further B21.1(c) the Award Authority may reject a Proposal as being non-responsive if it exceeds the funds available as shown in D4.4.

Further to B21.1(d), Experience of Proponent and Subconsultants will be evaluated considering the experience of the organization on projects of similar size and complexity as well as other information requested, in accordance with B9.

Further to B21.1(e), Experience of Key Personnel Assigned to the Project will be evaluated considering the experience and qualifications of the Key Personnel and Subconsultant personnel on Projects of comparable size and complexity, in accordance with B10.

Further to B21.1(f), Project Understanding and Methodology will be evaluated considering your firm’s understanding of the City’s Project, project management approach and team organization, in accordance with B11.

Further to B21.1(g), Project Schedule will be evaluated considering the Proponent’s ability to comply with the requirements of the Project, in accordance with B12.

Proposals will be evaluated considering the information in the Proposal Submission and any interviews held in accordance with B19.

Where references are requested, the reference checks to confirm information provided may not be restricted to only those submitted by the Proponent, and may include organizations representing Persons, known to have done business with the Proponent.

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 Proponent, even though the Proponent is determined to be qualified, and the Proposal is determined to be responsive.

Without limiting the generality of B22.2, the City will have no obligation to award a Contract where:

the prices exceed the available City funds for the Services;

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

the prices are materially in excess of the City’s cost to perform the Services, or a significant portion thereof, with their own forces; 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 Proponent submitting the most advantageous offer.

The City may, at their discretion, award the Contract in phases.

Further to B22.4 the City reserves the right to negotiate and award future phases to the successful Proponent.

Notwithstanding C4, the City will issue an award letter to the successful Proponent in lieu of execution of a Contract.

The Contract documents as defined in C1.1(u) in their entirety shall be deemed to be incorporated in and to form a part of the award letter notwithstanding that they are not necessarily attached to or accompany said award letter.

Notwithstanding C4, the City may issue an award letter to the successful Proponent.

Following issuance of the award letter a document package comprising the Contract Documents will be provided to the successful Proponent electronically.

Following the award of Contract, a Proponent will be provided with information related to the evaluation of their Proposal upon written request to the Consulting Contract Administrator.

If, after the award of Contract, the Project is cancelled, the City reserves the right to terminate the Contract. The Proponent will be paid for all Services rendered up to time of termination.

General Conditions

General Conditions

The General Conditions for Consultant Services (Revision 2022-09-02) are applicable to the Services of the Contract.

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

A reference in the Request for Proposal to a section, clause or subclause with the prefix “C” designates a section, clause or subclause in the General Conditions for Consultant Services.

Supplemental Conditions

General

General Conditions

In addition to the General Conditions for Consultant Services, these Supplemental Conditions are applicable to the Services of the Contract.

Consulting Contract Administrator

The Consulting Contract Administrator is:

^

Email: ^

Telephone No.	204 986-^

Facsimile No.	204 224-0032

All correspondence or contact by Proponent with the City in respect of this RFP must be directly and only with the City’s Consulting Contract Administrator. Failure to restrict correspondence and contact to the Consulting Contract Administrator may result in the rejection of the Proponent’s Proposal Submission.

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

Proposal Submissions must be submitted to the address in B6.

Background

^

Scope of Services

The Services required under this Contract shall consist of ^.

The Services required under D4.1 shall be in accordance with the City’s Project Management Manual http://winnipeg.ca/infrastructure/asset-management-program/templates-manuals.stm#2 and templates http://winnipeg.ca/infrastructure/asset-management-program/templates-manuals.stm#4 . Notwithstanding the foregoing, the Consultant is being engaged by the City for their professional expertise; the Consultant shall bring to the Consulting Contract Administrator’s attention any aspect of the City’s Project Management Manual or templates which the Consultant is of the opinion is not consistent with good industry practice.

The following shall apply to the Services:

City of Winnipeg Green Building Policy: New City-Owned Buildings and major additions

http://clkapps.winnipeg.ca/DMIS/DocExt/ViewDoc.asp?DocumentTypeId=2&DocId=5989

Universal Design Policy

http://clkapps.winnipeg.ca/DMIS/DocExt/ViewDoc.asp?DocumentTypeId=2&DocId=3604

SPEC NOTE: Delete D4.4 AND B21.6 if NOT stating the funds available and lowering the points for Fees/Total Bid Price in the evaluation. The funds available MUST be stated below if lowering the Fees in Evaluation of Proposals.

The funds available for this Contract are ^

Definitions

SPEC NOTE: Include D5 only if it is necessary to define any words, phrases, acronyms or abbreviations used in the Proposal with a meaning other than in common English usage or where the definition in C1.1 must be modified.

When used in this Request for Proposal:

SPEC NOTE: Define any words, phrases, acronyms or abbreviations used in the Proposal with a meaning other than in common English usage and not defined in C1.1.

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 ^;

”^” means ^.

Notwithstanding C1.1, when used in this Request for Proposal:

SPEC NOTE: Define any words, phrases, acronyms or abbreviations used in the Proposal for which the meaning ascribed in C1.1 must be modified.

”^” means ^;

”^” means ^;

”^” means ^;

”^” means ^.

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 Consultant 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 Consultant declares that in bidding for the Work and in entering into this Contract, the Consultant and any proposed Subconsultant(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 Consultants and their Subconsultants, 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 Consulting Contract Administrator, the Consultant 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 C14.

In the event that the City, in its sole discretion, determines the Consultant to have violated the requirements of this section, it will be considered a fundamental breach of the Contract and the Consultant shall pay to the City a sum specified by the Consulting 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 Consultant’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 Consultant 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 Consultant.

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 Consultant 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 Prior to Start of Services

Authority to Carry on Business

The Consultant 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 Consultant does not carry on business in Manitoba, in the jurisdiction where the Consultant does carry on business, throughout the term of the Contract, and shall provide the Consulting Contract Administrator with evidence thereof upon request.

Insurance

The Consultant shall procure and maintain, at their own expense and cost, insurance policies with limits no less than those shown below.

As a minimum, the Consultant shall, without limiting their obligations or liabilities under any other contract with the City, procure and maintain, at their own expense and cost, the following insurance policies:

Comprehensive or Commercial General Liability Insurance including:

an inclusive limit of not less than $2,000,000 for each occurrence or accident with a minimum $2,000,000 Products and Completed Operations aggregate and $5,000,000 general aggregate;

all sums which the Consultant shall become legally obligated to pay for damages because of bodily injury (including death at any time resulting therefrom) sustained by any person or persons or because of damage to or destruction of property caused by an occurrence or accident arising out of or related to the Services or any operations carried on in connection with this Contract;

coverage for Products/Completed Operations, Blanket Contractual, Consultant’s Protective, Personal Injury, Contingent Employer’s Liability, Broad Form Property Damage, Employees as Additional Insured’s, and Non-Owned Automobile Liability;

a Cross Liability clause and/or Severability of Interest Clause providing that the inclusion of more than one Insured shall not in any way affect the rights of any other Insured hereunder in respect to any claim, demand, suit or judgment made against any other Insured; and

if applicable, Automobile Liability Insurance covering all motor vehicles, owned and operated and used or to be used by the Consultant directly or indirectly in the performance of the Service. The Limit of Liability shall not be less than $2,000,000 inclusive for loss or damage including personal injuries and death resulting from any one accident or occurrence.

Professional Errors and Omissions Liability Insurance including:

an amount not less than $ ^ . per claim and $ ^ in the aggregate.

The Consultant’s Professional Errors and Omissions Liability Insurance shall remain in force for the duration of the Project and for twelve (12) months after total performance.

The policies required in D9.2(a) shall provide that the City is named as an Additional Insured thereunder and that said policies are primary without any right of contribution from any insurance otherwise maintained by the City.

The Consultant shall require each of their Subconsultants to provide comparable insurance to that set forth under D9.2(a) and D9.2(c).

The Consultant shall provide the Consulting Contract Administrator with a certificate(s) of insurance for itself and for all of their Subconsultants, in a form satisfactory to the City Solicitor, at least two (2) Business Days prior to the commencement of any Services, but in no event later than the date specified in C4.4 for the return of the executed Contract. Such Certificates shall state the exact description of the Services and provide for written notice in accordance with D9.8.

The Consultant may take out such additional insurance as it may consider necessary and desirable. All such additional insurance shall be at no expense to the City.

All insurance, which the Consultant is required to obtain with respect to this Contract, shall be with insurance companies registered in and licensed to underwrite such insurance in the Province of Manitoba.

The Consultant shall not cancel, materially alter, or cause any policy to lapse without providing at least thirty (30) Calendar Days prior written notice to the City.

Schedule of Services

Commencement

The Consultant shall not commence any Services until it is in receipt of a notice of award from the City authorizing the commencement of the Services.

The Consultant shall not commence any Services until:

the Consulting Contract Administrator has confirmed receipt and approval of:

evidence of authority to carry on business specified in D8;

evidence of the insurance specified in D9;

the Consultant has attended a meeting with the Consulting Contract Administrator, or the Consulting Contract Administrator has waived the requirement for a meeting.

The direct deposit application specified in D13.1

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 Services shall be performed by the Consultant with due consideration to the delivery requirements and schedule identified in the Contract, in close consultation with the Consulting Contract Administrator.

If the Consultant is delayed in the performance of the Services by reason of the Supply Chain Disruption, the Services 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 Services, the Consultant shall declare whether a Supply Chain Disruption will affect the start date. The Consultant 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 Services have commenced, the Consultant 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 D11.3. Failure to provide this notice will result in no additional time delays being considered by the City.

The Services schedule, including the durations identified in the Contract, will be adjusted to reflect delays accepted by the Consulting Contract Administrator.

Any time or cost implications as a result of Supply Chain Disruption and in accordance with the above, as confirmed by the Consulting Contract Administrator, shall be documented in accordance with C8.

Measurement and Payment

SPEC NOTE: Delete D12 if Consultant is submitting progress estimates to the Consulting Contract Administrator, in accordance with C11.14.

Invoices

Further to C11, the Consultant 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 Consultant's GST registration number.

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

Payment

Further to C11.14, the City shall make payments to the Consultant by direct deposit to the Consultant’s banking institution, and by no other means. Payments will not be made until the Consultant 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 Consultant disagrees with any opinion, determination, or decision of the Consulting Contract Administrator, the Consultant shall act in accordance with the Consulting Contract Administrator’s opinion, determination, or decision unless and until same is modified by the process followed by the parties pursuant to D14.

The entire text of C17.4 is deleted, and amended to read: “Intentionally Deleted”

The entire text of C17.5 is deleted, and amended to read:

If Legal Services has determined that the Disputed Matter may proceed in the Appeal Process, the Consultant 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 Materials Management Website, to the Chief Administrative Officer, and to the Consulting Contract Administrator. The Consultant may not raise any other disputes other than the Disputed Matter in their Appeal Form.

Further to C17, prior to the Consulting Contract Administrator’s issuance of a Final Determination, the following informal dispute resolution process shall be followed where the Consultant disagrees with any opinion, determination, or decision of the Consulting Contract Administrator (“Dispute”):

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

Disputes which in the reasonable opinion of the Consulting Contract Administrator or the Consultant’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 Consultant representative levels:

The Consulting Contract Administrator;

Supervisory level between the Consulting Contract Administrator and applicable Department Head;

Department Head.

Names and positions of Consultant representatives equivalent to the above City position levels shall be determined by the Consultant 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 Consultant 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 Consultant’s mutual satisfaction after discussions have occurred at the final escalated level as described above, or the time period set out in D14.4.3, as extended if applicable, has elapsed, the Consulting 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 C17.

Security Clearance

Security Clearance

SPEC NOTE: Use Version 1 only if necessary, e.g., work in security area, work requires interaction with public.

DO NOT USE P-608 form for version 1. Form P-608 to be used only for version 2 and for work within Winnipeg Police Service facilities.

VERSION 1 - Use this version for locations other than Winnipeg Police Stations or Service Centres. Adjust bid validity dates in Form A to allow sufficient time for clearances. Walk-ins to the Winnipeg Police Service currently requires 6 -8 weeks for processing and then mails the certificate For 2017 online Police Information Check is available and may take approx. one week.

Version 1.1 – Use this version of E1.1 if all individuals performing any work under the contract must obtain a 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

SPEC NOTE: Use E1.2 and E1.2.1 only if the work reasonably requires contact with vulnerable persons (under 18 years of age and/or due to age, disability or other circumstances, dependent on others or at a greater risk of harm than the general population from a person in a position of authority or trust).

The Vulnerable Sector screening can ONLY be obtained from the police service having jurisdiction at their place of residence. Sterling BackCheck, Core of Commissionaires and FASTCHECK do not perform Vulnerable Sector searches.

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 Consulting Contract Administrator.

SPEC NOTE: The Consulting Contract Administrator must take a photocopy of the original Police Information Check and sign it as a true copy and then return the original to the individual.

Prior to the award of Contact, and during the term of the Contract if additional or replacement individuals are proposed to perform Work, the Consultant shall supply the Consulting 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.

Version 1.2 – Use this version of E1.1 if only individuals performing work in certain locations or under certain conditions, or performing certain tasks, must obtain a security clearance.

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

SPEC NOTE: Add or delete locations, conditions, tasks and/or exceptions thereto, e.g., consider deleting E1.1(b)(ii) for a contract involving work in a playground in use.

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

SPEC NOTE: Use 1.2 and 1.2.1 only if the work reasonably requires contact with vulnerable persons (under 18 years of age and/or due to age, disability or other circumstances, dependent on others or at a greater risk of harm than the general population from a person in a position of authority or trust).

The Vulnerable Sector screening can ONLY be obtained from the police service having jurisdiction at their place of residence. Sterling BackCheck, Core of Commissionaires and FASTCHECK do not perform Vulnerable Sector searches.

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

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

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

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

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

SPEC NOTE: The Consulting Contract Administrator must take a photocopy of the original Police Information Check and sign it as a true copy and then return the original to the individual.

Prior to the award of Contact, and during the term of the Contract if additional or replacement individuals are proposed to perform Work, the Consultant shall supply the Consulting 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 E1.1.

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 E1.1.

SPEC NOTE: Use 1.8 to 1.12 only if the work reasonably requires contact with children. Use E1.1 above.

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

SPEC NOTE: Identify locations or conditions of Work, and/or specific tasks.

^;

^;

^;

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 Consultant shall supply the Consulting 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 E1.1.

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 E1.1.

Version 1.3 – Use this version of F.1.1 if only individuals performing work in certain locations or under certain conditions, or performing certain tasks, must obtain a Police Information Check and a Safety Verification Check.

SPEC NOTE: Sterling Talent Solutions provide the BackCheck Service for the Police Information Check/ Criminal Record Check and/or the Global Sanctions & PEP Checks.

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.

SPEC NOTE: The Consulting Contract Administrator must take a photocopy of the original Police Information Check and sign it as a true copy and then return the original to the individual.

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 E1.12.

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 E1.12.

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 Consultant shall supply the Consultanting 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 E1.12 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 E1.12.

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 E1.19 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 Consultant shall provide the Consulting Contract Administrator with:

a list of individuals identified in E1.1:

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 Consultant 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.

Appendix A –

Appendix B –

Appendix C –

The City of Winnipeg	Specifications

RFP No. Error! Reference source not found.	Page 8 of 2

Template Version: Consulting RFP Under75K 2023 05 10

Proposal Submission

Page 1 of 1

The City of Winnipeg	Table of Contents

The City of Winnipeg	Form A: Proposal

The City of Winnipeg	Form P: Person Hours

Page 2 of 2

The City of Winnipeg	Bidding Procedures

Page 11 of 11

The City of Winnipeg	General Conditions

The City of Winnipeg	Supplemental Conditions

Page 4 of 7

The City of Winnipeg	Security Clearance

Page 8 of 7

The City of Winnipeg	Appendix A

The City of Winnipeg	Appendix B

emplate Version: Consulting RFP Under75K 2023 05 10

The City of Winnipeg	Appendix C

Bid Opportunity Template

Consulting under 75k- RFP

June 13 2023 replaced Legal email with LSR link
May 2023 replaced covid-19 clauses with supply chain disruption
Dec 2022 added Unfair Labour Practices
Oct 7 2022 added spec note to qualifications and removed within five days from level 2 security
August 2022 updated gc's and additional information
March 22 2022 new AMA training & version #
Jan 6 22 added measurement & payment/direct deposit clauses
Oct 2021 WPS security clauses revised
April 2021 - W&W security clause updated
Jan 2021 Spec Note re Track Changes and updated WPS level 1 security clearances
Nov 2020 - updated covid 19 clause
June 2020 - Covid 19 clause
May 2020 - updated award of contract clauses
Feb 2020 updated available funds clause & Level 2 security clauses
Oct 22 19 - revised submission re number of copies
Jan 2019 - ver # chg, revised Form A Contract clause, revised wording in evaluation & award
Oct 2018 Version # change - see template changes list
April 2018 updated hidden text in disclosure clause & fixed cross reference in Evaluation
March 2018 added Conflict of Interest & Good Faith clause, updated Indigenous clause again
Feb 2018 updated Indigenous clause
Jan 2018 version num chg, Opening of Proposals clause added re FIPA and note to cover page
Dec 2017 version num chg, added Indigenous declaration on Form A
August 2017 added person hours and expanded Key personnel and include IAP2 wording.
Feb/March 2017 Updated B15 qualifications
June 2016 update qualification clause provide
August 2015 some clause updates
Jan 2015 Added Disclosure Clause
Letter of Intent or Purchase Order

Coleen Groening

2022-09-02

Groening, Coleen

City of Winnipeg - Materials Management