THE CITY OF WINNIPEG

TENDER

Tender No. Click or tap here to enter text.

Click or tap here to enter text.

TABLE OF CONTENTS

PART A - BID SUBMISSION

Form A: Bid/Proposal

Form B: Prices

Form N: Detailed Specifications

B1.	Contract Title	2

B2.	Submission Deadline	2

B3.	Enquiries	2

B4.	Confidentiality	2

B5.	Addenda	2

B6.	Substitutes	2

B7.	Bid Submission	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.	Withdrawal of Bids	2

B16.	Evaluation of Bids	2

B17.	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

D3.	Definitions	2

D4.	Contract Administrator	2

D5.	Accessible Customer Service Requirements	2

D6.	Unfair Labour Practices	2

D7.	Data Collection Sheets	2

D8.	Inspection	2

Submissions

D9.	Authority to Carry on Business	2

Schedule of Work

D10.	Commencement	2

D11.	Supply Chain Disruption Schedule Delays	2

D12.	Parts Availability	2

D13.	Training	2

D14.	Operator Training	2

D15.	Mechanical Training	2

Measurement and Payment

D16.	Invoices	2

D17.	Payment	2

Warranty

D18.	Warranty	2

Dispute Resolution

D19.	Dispute Resolution	2

PART E - SPECIFICATIONS

General

E1.	Applicable Specifications	2

E2.	Goods	2

BIDDING PROCEDURES

Contract Title

Click or tap here to enter text.

Submission Deadline

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

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

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 promptly notify the Contract Administrator of the error, discrepancy or omission at least five (5) Business Days prior to the Submission Deadline.

If the Bidder is unsure of the meaning or intent of any provision therein, the Bidder should request clarification as to the meaning or intent 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 B3 unless that response or interpretation is provided by the Contract Administrator in writing.

Any enquiries concerning submitting through MERX should be addressed to:

MERX Customer Support

Phone: 1-800-964-6379

Email: merx@merx.com

Confidentiality

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

was known to the Bidder before receipt hereof; or

becomes publicly known other than through the Bidder; or

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

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

Addenda

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

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

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

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

The Bidder shall acknowledge receipt of each addendum in Paragraph 10 of Form A: Bid/Proposal. Failure to acknowledge receipt of an addendum may render a Bid non-responsive.

Notwithstanding B3, enquiries related to an Addendum may be directed to the Contract Administrator indicated in D4.

Substitutes

The Work is based on the materials, equipment, methods and products specified in the Tender.

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

Requests for approval of a substitute will not be considered unless received in writing by the Contract Administrator at least seven (7) Business Days prior to the Submission Deadline.

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

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

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

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

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

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

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

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

The Contract Administrator will issue an Addendum, disclosing the approved materials, equipment, methods and products to all potential Bidders. The Bidder requesting and obtaining the approval of a substitute shall be responsible for disseminating information regarding the approval to any person or persons they wish to inform.

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

If the Contract Administrator approves a substitute as an “approved alternative”, any Bidder bidding that approved alternative may base their Total Bid Price upon the specified item but may also indicate an alternative price based upon the approved alternative. Such alternatives will be evaluated in accordance with B16.

No later claim by the Contractor for an addition to the price(s) because of any other changes in the Work necessitated by the use of an approved equal or an approved alternative will be considered.

Bid Submission

The Bid shall consist of the following components:

Form A: Bid/Proposal;

Form B: Prices;

Form N: Detailed Specifications;

^.

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

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

Bids will only be accepted electronically through MERX.

Bidders are advised that inclusion of terms and conditions inconsistent with the Tender document, including the General Conditions, will be evaluated in accordance with B16.1(a).

Bid

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

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

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

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

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

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

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

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

Paragraph 13 of Form A: Bid/Proposal shall be signed in accordance with the following requirements:

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

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

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

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

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

All signatures shall be original.

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

Prices

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

Prices on Form B: Prices shall include:

duty;

freight and cartage;

Provincial and Federal taxes [except the Goods and Services Tax (GST) and Manitoba Retail Sales Tax (MRST, also known as PST), which shall be extra where applicable] and all charges governmental or otherwise paid;

profit and all compensation which shall be due to the Contractor for the Work and all risks and contingencies connected therewith.

Prices on Form B: Prices shall not include the Manitoba Tire Stewardship Board New Tire Levy (tire tax) which shall be extra where applicable.

Prices on Form B: Prices shall not include Environmental Handling Charges (EHC) or fees, which shall be extra where applicable.

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

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

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 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 Bidder does not carry on business in Manitoba, in the jurisdiction where the Bidder does carry on business; and

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

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

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

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

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

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

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

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

have completed the Accessible Customer Service online training required by the Accessibility for Manitobans Act (AMA) (see B12.5 and D5).

^

The Bidder shall provide, in their Bid:

^

^

Further to B12.3(d), the Bidder acknowledges they and all Subcontractors have obtained training required by the Accessibility for Manitobans Act (AMA) available at Accessibility Training for anyone that may have any interaction with the public on behalf of the City of Winnipeg.

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

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

Opening of Bids and Release of Information

Bids will not be opened publicly.

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

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

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

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

Irrevocable Bid

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

The acceptance by the City of any Bid shall not release the Bids of the next two lowest evaluated responsive Bidders and these Bidders shall be bound by their Bids on such Work until a Contract for the Work has been duly formed and the contract securities have been furnished as herein provided, but any Bid shall be deemed to have lapsed unless accepted for the time period specified in Paragraph 11 of Form A: Bid/Proposal.

Withdrawal of Bids

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

Evaluation of Bids

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

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

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

Total Bid Price;

economic analysis of any approved alternative pursuant to B6.

Further to B16.1(a), the Award Authority may reject a Bid as being non-responsive if the Bid Submission is incomplete, obscure or conditional, or contains additions, deletions, alterations or other irregularities. The Award Authority may reject all or any part of any Bid, or waive technical requirements or minor informalities or irregularities if the interests of the City so require.

Further to B16.1(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 B16.1(c), the Total Bid Price shall be the sum of the quantities multiplied by the unit prices for each item shown on Form B: Prices.

The Bid Price for Alternative 2 – ^Lease Option will be evaluated considering the Net Present Value of the lease payments using a ^% City of Winnipeg borrowing rate as the discount rate.

Further to B16.1(a), in the event that a unit price is not provided on Form B: Prices, the City may determine the unit price by dividing the Amount (extended price) by the approximate quantity, for the purposes of evaluation and payment.

This Contract may be awarded on the basis of:

Alternative 1 - Purchase Option; or

Alternative 2 - ^ Lease Option;

as identified on Form B: Prices. Each alternative will be evaluated in accordance with the specified evaluation criteria.

Notwithstanding B9.1, the Bidder may, but is not required to, bid on both alternatives.

The City shall not be obligated to award to the responsible Bidder submitting the lowest evaluated responsive Bid and shall have the right to choose the alternative which is in their best interests. If the Bidder has not bid on both alternatives, they shall have no claim against the City if their Bid is rejected in favour of an award of the Contract on the basis of an alternative upon which they have not bid.

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 B17.2, 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 B16.

Further to Paragraph 6 of Form A: Bid/Proposal and C4, the City may issue a purchase order to the successful Bidder in lieu of the execution of a Contract.

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

Further to Paragraph 6 of Form A: Bid/Proposal and C4, the City may issue an award letter to the successful Bidder.

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

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

General Conditions

General Conditions

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

The General Conditions for the Supply of Goods 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 Supply of Goods.

SUPPLEMENTAL CONDITIONS

General

General Conditions

In addition to the General Conditions for the Supply and Delivery of Goods, 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 ^ in accordance with Form N: Detailed Specification ^ .

Any material, labour or components not specifically mentioned or included herein, but may be required to complete, perfect and place the equipment in successful operation, shall be furnished by the Contractor as though specifically mentioned in these Contract Documents. The Contractor shall supply the equipment and all components and all features that are normally considered to be standard on that equipment, unless specifically excluded in the Form N: Detailed Specifications.

Unless specifically stated otherwise in the Form N: Detailed Specifications, only new, unused equipment of current manufacture shall be accepted.

Further to C7, if at any time during the 12 (twelve) month period following the award of the Contract, the City requires additional quantities of the Items, the City may request the Contractor to supply up to ^ (^) additional quantities as Extra Work at the unit prices set out in the Contract. The Contractor may decline to supply the additional quantities without penalty.

Definitions

When used in this Tender:

“Equipment” or “Vehicle” shall be used to describe ^ in these Contract Documents

“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 ^.

Notwithstanding C1.1, when used in this Tender:

”^” means ^;

”^” means ^;

”^” means ^;

”^” means ^.

Contract Administrator

The Contract Administrator is:

^

^

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 and International Labour Organization (ILO) https://www.ilo.org/global/lang--en/index.htm conventions as ratified by Canada.

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

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

Failure to provide the evidence required under D6.3, may be determined to be an event of default in accordance with C16.

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

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

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

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

Data Collection Sheets

Upon award of Contract, the Contract Administrator will send the Contractor an electronic copy of Data Collection Sheets.

The sheets shall include:

full details of the data collection requirements specific to the Equipment being offered (including attachments) and shall include service intervals of all components, part numbers on regular maintenance items including belts, filters, oils/fluid types and capacities, engine, transmission, axle, etc., model and serial numbers. The data collection sheet shall be submitted prior or upon delivery of supplied Equipment; and

comprehensive details of all Equipment including attachments, components, engine, transmission, axle, etc.

All information, documents or other communications required to be submitted for the data collection sheets shall be sent to the Contract Administrator in D4.1. The communications shall be sent electronically in Word Format only (no exceptions). The form shall be sent to the Contractor at the time of award.

If the data collection sheets have not been submitted by the Contractor to the City, the City will perform the work and acquire the information at their own expense. The costs incurred (up to and including $500.00 per unit) will be deducted from the Contractor’s final invoice.

Inspection

Further to C9, inspection of the equipment shall be conducted as promptly as practicable. Thorough examination of the equipment and successful completion of a continuous eight-hour full-performance test by the City shall be required as part of the inspection process. At their option, the City may discontinue the process upon finding a lack of conformance to the specifications. The deficiency shall then be rectified by the Contractor and the inspection process shall then commence anew.

The cost of the initial inspection of the equipment shall be borne by the City. The cost of subsequent inspections required, attributable to deficiencies identified in the initial inspection, shall be the responsibility of the Contractor and charged at the prevailing shop rate for Winnipeg Fleet Management Agency.

The City may deduct the amount owing, related to subsequent inspections in accordance with D8.1.1, from any payment required to be made by the City to the Contractor.

Equipment that fails to successfully complete the inspection process shall be rejected by the City and shall be removed from City property by and at the expense of the Contractor, promptly after notification by the Contract Administrator or the equipment inspector.

Notwithstanding D8.1, where multiple quantities of like equipment are being supplied, the City reserves the right, at their discretion, to waive the requirement for a continuous eight-hour full-performance test as part of the inspection process for the remaining pieces of equipment following a successful completion of the test by one or more pieces of equipment.

Total Performance will not be achieved until successful completion of the inspection process.

Submissions

Authority to Carry on Business

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

Schedule of Work

Commencement

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

The Contractor shall not commence any Work until:

the Contract Administrator has confirmed receipt and approval of:

evidence of authority to carry on business specified in D9; and

the direct deposit application form specified in D17.3.

Supply Chain Disruption Schedule Delays

The City acknowledges that the schedule for this Contract may be impacted by the Supply Chain Disruption. Commencement and progress of the Work shall be performed by the Contractor with due consideration to 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 the Supply Chain Disruption, the Work schedule may be adjusted by a period of time equal to the time lost due to such delay and costs related to such delay will be determined as identified herein.

A minimum of seven (7) Calendar Days prior to the commencement of Work, the Contractor shall declare whether a Supply Chain Disruption will affect the start date. The Contractor shall provide sufficient evidence that the delay is directly related to 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 D11.3. 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 the Contract, will be adjusted to reflect delays accepted 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.

Parts Availability

In order to assure minimum downtime of the Equipment, the Contractor shall maintain a stock of all replacement parts in North America, either in their own inventory or in that of an agency that normally supplies parts to the Contractor, for a period of ^ (^).years.

Further to D12.1, if replacement parts are not available within the ^ (^).years, and the City is required to build or acquire parts by their own means, the Contractor may be charged back 100% of the parts replacement costs.

Parts shall be made available to the Winnipeg Fleet Management Agency, by the Contractor, within three (3) Business Days from a request by the Contract Administrator or designate.

Where Equipment is not available for use due to the Contractor's failure to supply parts in accordance with D12.2, the failure to supply parts may be determined to be an Event of Default in accordance with C16.

Training

The Contractor shall be responsible for providing operational and mechanical training for City of Winnipeg personnel. The training will be at the Contractor’s expense.

The training sessions shall be used for familiarization and orientation of the equipment to the satisfaction of the Equipment Operator Training Branch and the WFMA Mechanical Operations Staff. Training may include power point presentations, class room training, and “walk around” hands on training. Specifics to the training sessions may vary depending on the equipment and/or goods.

The training shall be divided into two (2) separate sessions, one for operating personnel and one for mechanical personnel. Training sessions should be based on two (2) Business days for operating personnel and two (2) Business days for mechanical personnel.

Operator Training

The Contract Administrator or the Equipment Operator Training Branch will contact the Contractor to organize training.

The training for operating personnel shall include the following:

Daily pre-trip inspection items and basic operator maintenance requirements;

Familiarization of all controls and their functions;

New technologies and differences between current models vs. previous models;

Basic demonstration of vehicle/equipment operation with all applicable attachments;

Inherent operating errors; and

Any other training/familiarization requirements that is specific to the unit.

All operator training materials shall be provided to the Equipment Operator Training Branch no later than (4) Calendar weeks prior to delivery of the vehicles, equipment and/or related attachments.

Equipment Operator Training Branch

960 Thomas Avenue

Winnipeg MB R2L 2E1

E-mail – mailto:lguertin@winnipeg.ca

Mechanical Training

The Contract Administrator or the Winnipeg Fleet Management Equipment Inspector will contact the Contractor to arrange mechanical equipment training and familiarization.

The training for mechanical personnel shall include the following:

Product knowledge trainer with at least one year repair and service experience on the equipment as stated in Form N:Specifications;

All Preventative Maintenance Service Points and adjustments required while in service;

All diagnostic port locations and basic operations; and

Safe movement of the equipment (including lift and or tow points).

All mechanical training materials including service and parts manuals (paper or electronic versions) shall be provided no later than (4) calendar weeks prior to delivery of the vehicles, equipment and/or related attachments to the attention of the Contract Administrator identified in D4.

Facility Locations and hours are as follows:

195 Tecumseh St. Repair Facility 6:30 am to 10:30 pm M-F (3 work shifts). Midnight shift is Sunday at 9:00 pm to 7:00 am Thursday morning, each day (4 ten hour shifts) on a seasonal basis;

960 Thomas Avenue Repair Facility 6:00 am-11:00 pm M-F (2 work shifts);

215 Tecumseh St Manufacturing Repair Facility – 7:00 am – 5:00 pm M-F (1 work shift).

Measurement and Payment

Invoices

Further to C10, and upon initial delivery of the equipment, the Contractor shall submit an accurate invoice for the supply and delivery of each piece of equipment specified in the Contract 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

A copy of the original invoice for each piece of Equipment shall accompany the Equipment upon delivery.

Invoices must clearly indicate, as a minimum:

The City's order (Purchase Order or Standing Purchase Order Release Authorization) number;

Date of delivery;

Delivery address;

Type and quantity of goods delivered;

the amount payable with GST, MRST, and any applicable environmental handling charges/fees identified and shown as separate amounts;

The Contractor's GST registration number.

The complete breakdown of all large individual components on the completed unit based on the following examples:

Refuse truck - truck chassis cost and packer unit cost.

Service body truck - truck chassis cost and service body cost.

Agricultural tractors – base tractor cost and attachment cost for each individual attachment

Other equipment – base equipment unit cost and modification cost for each individual modification.

Any additional work or modifications requiring an additional purchase order shall be billed on a separate invoice.

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

Payment

Further to C10, payment shall be in Canadian funds net thirty (30) Calendar Days after the Contractor receives written notification of successful completion of the inspection process or of the equipment being successfully placed into operation.

Notwithstanding that the City will license and insure equipment upon receipt, payment will be made in accordance with D17.1. Licensing and insuring equipment upon receipt does not mean that the inspection process has been successfully completed or that the equipment has been successfully placed into operation.

Further to C10, 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

Warranty

Warranty

Notwithstanding C11, and the warranties specified in the Form N: Detailed Specifications applicable to the unit, the warranty period for each piece of Equipment supplied shall begin on the date of successful completion of the inspection process or when the equipment has been successfully placed into operation.

The Contractor shall make available a service truck to provide and maintain the following at no cost to the City:

Repair work – for repeated failures outlined in Form N: Detailed Specifications section under Performance Reliability.

Warranty work – for all items covered under the warranty clauses, outlined in Form N: Detailed Specifications section under Warranty.

If a service truck is not available all transportation costs related to the warranty of the unit are the responsibility of the Contractor.

The Contractor shall provide and maintain on-site warranty services throughout the duration of the warranty period specified in Form N: Detailed Specifications. The on-site warranty services shall include the Contractor to provide warranty services anywhere within 10 km of the boundaries of the City of Winnipeg and within normal business hours. On-site warranty services shall only be requested where minor repair work is required, when the equipment is immobile, and where slow moving vehicles require warranty work. On-site warranty work shall only be requested by the City of Winnipeg repair facility supervisors or their designate.

If the Contractor is unable to perform on-site warranty services, the City of Winnipeg will provide the service at a rate of $111.00/hour during normal Winnipeg Fleet Management Agency's business hours or $166.00/hour for after-hours callouts, which shall be billed to the Contractor over and above the warranty related costs.

All incidental warranty related costs (including, but not limited to, Contractor’s travel, mileage, deductibles, towing costs, etc.) in executing any part of the warranty shall be the sole responsibility of the Contractor.

Equipment that is not available for use due to warranty related issues shall be rectified within three (3) Business Days from the time of notification of failure. If the warranty related failure is not rectified within the three (3) Business Day period, the failure will be considered an Event of Default in accordance with C16.

The Contractor shall authorize the City of Winnipeg repair facilities to perform minor warranty repairs and breakdowns during evenings, nights and weekends as required. The extent of the repairs shall be limited to a maximum of 4-hours per unit per breakdown. For all other warranty repairs, or warranty repairs requiring more than 4-hours labour, the City shall contact the Contractor the following business day. Any work performed by the City shall be charged to the Contractor at the repair facility’s shop rate in effect at the time the work is performed (for example, shop rate for 2022: $111.00/hour and $166.00/hour for after-hours callouts).

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 D19.

The entire text of C19.4 is deleted, and amended to read: “Intentionally Deleted”

The entire text of C19.5 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 C19, 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 D19.4.3, 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 C19.

SPECIFICATIONS

General

Applicable Specifications

These Specifications shall apply to the Work.

The following are applicable to the Work:

Specification No.	Specification Title
Table of Contents

Bidders are reminded that requests for approval of substitutes as an approved equal or an approved alternative shall be made in accordance with B6. In every instance where a brand name or design specification is used, the City will also consider approved equals and/or approved alternatives in accordance with B6.

Goods

The Contractor shall supply ^ in accordance with the requirements hereinafter specified.

Item No. 1 - ^ shall be ^.

Item No. 2 - ^ shall be ^.

Item No. 3 - ^ shall be ^.