THE CITY OF WINNIPEG

REQUEST FOR PROPOSAL

RFP No. Click or tap here to enter text.

Click or tap here to enter text.

TABLE OF CONTENTS

PART A - PROPOSAL SUBMISSION

Form A: Bid/Proposal

Form B: Prices

PART B - Bidding Procedures

B1.	Contract Title	1

B2.	Submission Deadline	1

B3.	Site Investigation	1

B4.	Proponents' Conference	1

B5.	Enquiries	1

B6.	Confidentiality	1

B7.	Addenda	1

B8.	Substitutes	1

B9.	Proposal Submission	1

B10.	Proposal	1

B11.	Prices	1

B12.	Experience of Proponent and Subcontractors (Section C)	1

B13.	Experience of Key Personnel Assigned to the Project (Section D)	1

B14.	Project Understanding and Methodology (Section E)	1

B15.	Project Schedule (Section F)	1

B16.	Eligibility	1

B17.	Disclosure	1

B18.	Conflict of Interest and Good Faith	1

B19.	Qualification	1

B20.	Opening of Proposals and Release of Information	1

B21.	Irrevocable Offer	1

B22.	Withdrawal of Offers	1

B23.	Interviews	1

B24.	Negotiations	1

B25.	Evaluation of Proposals	1

B26.	Award of Contract	1

PART C - General Conditions

C0.	General Conditions	1

PART D - Supplemental Conditions

General

D1.	General Conditions	1

D2.	Scope of Work	1

D3.	Cooperative Purchase	1

D4.	Definitions	1

D5.	Contract Administrator	1

D6.	Contractor's Supervisor	1

D7.	Accessible Customer Service Requirements	1

D8.	Unfair Labour Practices	1

Submissions

D9.	Authority to Carry on Business	1

D10.	Safe Work Plan	1

D11.	Insurance	1

D12.	Contract Security	1

D13.	Detailed Prices	1

D14.	Subcontractor List	1

D15.	Equipment List	1

D16.	Detailed Work Schedule	1

Control of Work

D17.	Commencement	1

D18.	Working Days	1

D19.	Delivery	1

D20.	Critical Stages	1

D21.	Total Performance	1

D22.	Liquidated Damages	1

D23.	Supply Chain Disruption Schedule Delays	1

D24.	Scheduled Maintenance	1

Control of Work

D25.	Job Meetings	1

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

D27.	Plant and Materials	1

D28.	Safety	1

D29.	Site Cleaning	1

D30.	Inspection	1

D31.	Deficiencies	1

D32.	Orders	1

D33.	Records	1

Measurement and Payment

D34.	Invoices	1

D35.	Payment	1

D36.	Payment Schedule	1

D37.	Purchasing Card	1

Warranty

D38.	Warranty	1

Dispute Resolution

D39.	Dispute Resolution	1

Third Party Agreements

D40.	Funding and/or Contribution Agreement Obligations	1

Form H1: Performance Bond	1

Form H2: Irrevocable Standby Letter of Credit	1

Form I: Detailed Prices	1

Form J: Subcontractor List	1

Form K: Equipment	1

Form L: Detailed Work Schedule	1

Form L: Detailed Work Schedule	1

PART E - SPECIFICATIONS

General

E1.	Applicable Specifications and Drawings	1

E2.	Office Facilities	1

E3.	Services	1

E4.	Completion of Work	1

E5.	^	1

PART F - Security Clearance

F1.	Security Clearance	1

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

Security Clearance for Work at Winnipeg Police Service Buildings or Stations

Bidding Procedures

Contract Title

Click or tap here to enter text.

Submission Deadline

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

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

Site Investigation

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

The Proponent is advised that ^

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

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

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

The Proponent is advised that ^

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

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

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

The Proponent is advised that ^

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

The Proponent is advised that ^

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

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

The Proponent is responsible for determining:

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

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

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

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

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

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

Proponents' Conference

The Contract Administrator will hold a Proponents’ conference at ^ at ^ on ^.

The Proponent is advised that, at the Proponents’ conference, ^

The Proponent shall not be entitled to rely on any information or interpretation received at the Proponents’ conference unless that information or interpretation is provided by the Contract Administrator in writing.

The Proponent shall attend a Proponents’ conference at ^ at ^ on ^. Attendance is mandatory, and the Proposal of any Proponent not having attended will be rejected on the basis that it is non-responsive.

The Proponent is advised that, at the Proponents’ conference, ^

The Proponent shall not be entitled to rely on any information or interpretation received at the Proponents’ conference unless that information or interpretation is provided by the Contract Administrator in writing.

Enquiries

All enquiries shall be directed to the Contract Administrator identified in D5.1.

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

Responses to enquiries which, in the sole judgment of the Contract Administrator, require a correction to or a clarification of the Request for Proposal will be provided by the Contract Administrator to all Proponents 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 Request for Proposal will be provided by the Contract Administrator only to the Proponent who made the enquiry.

All correspondence or contact by Proponents with the City in respect of this RFP must be directly and only with the Contract Administrator. Failure to restrict correspondence and contact to the 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 B5 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 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 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 Contract Administrator.

Addenda

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

Notwithstanding B5, enquiries related to an Addendum may be directed to the Contract Administrator indicated in D5.

Substitutes

The Work is based on the Plant, Materials and methods specified in the Request for Proposal.

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

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

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

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

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

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

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

The Contract Administrator will issue an Addendum, disclosing the approved materials, equipment, methods and products to all potential Proponents. The Proponent 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 Proponent may use the approved equal in place of the specified item.

If the Contract Administrator approves a substitute as an “approved alternative”, any Proponent 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 B25.

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

Proposal Submission

The Proposal shall consist of the following components:

Form A: Bid/Proposal;

Form B: Prices.

The Proposal should also consist of the following components:

Experience of Proponent and Subcontractors (Section C) in accordance with B12;

Experience of Key Personnel Assigned to the Project (Section D), in accordance with B13;

Project Understanding and Methodology (Section E) in accordance with B14; and

Project Schedule (Section F) in accordance with B15.

Further to B9.1 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 B9.2, 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.

Proposal format, including 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 proposed solution.

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

Proposals will only be accepted electronically through MERX.

Proponents are advised that inclusion of terms and conditions inconsistent with the Request for Proposal, will be evaluated in accordance with B25.1(a).

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

The Proponent 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 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;

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 B10.2.

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

Paragraph 13 of Form A: Bid/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;

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: Bid/Proposal should be entered 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.

Prices

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

Notwithstanding C12.2.3, prices on Form B: Prices 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.

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 Environmental Handling Charges (EHC) or fees, which shall be extra where applicable.

Prices stated in response to B11.1 shall not include any costs which may be incurred by the Consultant with respect to any applicable funding agreement obligations as outlined inD40. Any such costs shall be determined in accordance with D40.

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

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.

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

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

Prices stated in response to B11.1 shall not include any costs which may be incurred by the Consultant with respect to any applicable funding agreement obligations as outlined in D40. Any such costs shall be determined in accordance with D40.

Notwithstanding C12.2.3, the price on Form B: Prices 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.

The price 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 shall not include Environmental Handling Charges (EHC) or fees, which shall be extra where applicable.

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

Experience of Proponent and Subcontractors (Section C)

Proposals should include:

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

For each project listed in B12.1(a), the Proponent should submit:

description of the project;

role of the contractor;

project’s original contracted construction cost and final construction cost;

design and construction schedule (anticipated Project schedule and actual project delivery schedule, showing design and construction separately);

project owner;

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

Where applicable, information should be separated into Proponent and Subcontractor project listings.

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 Subcontractors.

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.

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 Contractors 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 construction, 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 B13.1.1.

For each person identified, list at least two comparable projects in which they have played a primary role. If a project selected for a key person is included in B12, 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 D2.

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 construction budget;

the City’s Project methodology with respect to the information provided within this RFP; and

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

For each person identified in B13.2, list the percent of the person’s time to be dedicated to the Project in accordance with the Scope of Services identified in D2.

Project Schedule (Section F)

Proponents should present a carefully considered Critical Path Method schedule using Microsoft Project or similar project management software, complete with resource assignments (key designers), durations (weekly timescale) and milestone dates or events. The schedule should address 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.

Eligibility

As a result of having provided ^ in relation to this Project, the following individuals and the companies with which they are currently employed are not eligible to be a Proponent, participate as team members of a Proponent, or act as advisors to a Proponent or to any of their team members or to otherwise participate in the development and preparation of Proposals for the Project:

^

^

^

^

A Proponent may be disqualified if any of the above-noted ineligible persons participate in the development and preparation of the Proponent’s Proposal for this .

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 B18.2 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 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 B18.3, 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 B18.3, 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 B18.4 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; 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 Proponent 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 Proponent and/or any proposed Subcontractor (for the portion of the Work proposed to be subcontracted to them) shall:

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

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

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

have completed the Accessible Customer Service online training required by the Accessibility for Manitobans Act (AMA) (see B19.6 and D7).

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

^

The Proponent shall provide, in their Proposal:

^

^

Further to B19.3(c), the Proponent shall, within five (5) Business Days of a request by the Contract Administrator, provide proof satisfactory to the Contract Administrator that the Proponent/Subcontractor has a workplace safety and health program meeting the requirements of The Workplace Safety and Health Act (Manitoba), by providing:

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

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

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

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

Further to B19.3(d), the Proponent 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 Proponent 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 Proponent and of any proposed Subcontractor.

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

Opening of Proposals and Release of Information

Proposals will not be opened publicly.

After award of Contract, the Contract amount and the name of the successful Proponent and their address will be available on the MERX website at www.merx.com.

The Proponent is advised that 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 Contract Administrator.

Irrevocable Offer

The Proposal(s) submitted by the Proponent shall be irrevocable for the time period specified in Paragraph 10 of Form A: Bid/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 Work until a Contract for the Work has been duly formed and the contract security have been furnished as herein provided, but any offer shall be deemed to have lapsed unless accepted within the time period specified in Paragraph 10 of Form A: Bid/Proposal.

Withdrawal of Offers

A Proponent may withdraw their Proposal without penalty prior to the Submission Deadline.

Interviews

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

Negotiations

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

The City may negotiate with the Proponents submitting, in the City’s opinion, the most advantageous Proposals. The City may enter into negotiations with one or more Proponents without being obligated to offer the same opportunity to any other Proponents. Negotiations may be concurrent and will involve each Proponent individually. The City shall incur no liability to any Proponent as a result of such negotiations.

If, in the course of negotiations pursuant to B24.2, 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 Subcontractors, if any, pursuant to B19:	(pass/fail)

Total Score from Request for Qualifications (RFQ);	(^%);

Total Bid Price	40%

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

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

Project Understanding and Methodology (Section E)	20%

Project Schedule. (Section F)	10%

Further to B25.1(a), the Award Authority may reject a Proposal as being non-responsive if the Proposal 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 B25.1(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 they are qualified.

If, in the sole opinion of the City, a Proposal does not achieve a pass rating for B25.1(a) and B25.1(b), the Proposal will be determined to be non-responsive and will not be further evaluated.

Further to B25.1(c), the Total Score from RFQ, shall be the Proponent’s total score from the RFQ weighted at the value indicated in B25.1(c).

Further to B25.1(d), the Award Authority may reject a Proposal as being non-responsive if it exceeds the funds available as shown in D2.5.

Further to B25.1(d) where the Total Bid Price exceeds the estimate stated in D2.5 the City may determine that no award will be made in accordance with B26.2.1(a).

Further to B25.1(d), the Total Bid Price shall be the sum of the quantities multiplied by the unit prices for each item shown on Form B: Prices.

Further to B25.1(a), in the event that a unit price is not provided on Form B: Prices, the City will determine the unit price by dividing the Amount (extended price) by the approximate quantity, for the purposes of evaluation and payment.

Further to B25.1(d),, the Total Bid Price shall be the lump sum price shown on Form B: Prices.

Further to B25.1(e), Experience of Proponent and Subcontractors 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 B12.

Further to B25.1(f), Experience of Key Personnel Assigned to the Project will be evaluated considering the experience and qualifications of the Key Personnel and Subcontractor personnel on Projects of comparable size and complexity, in accordance with B13.

Further to B25.1(g), 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 B14.

Further to B25.1(h), Project Schedule will be evaluated considering the Proponent’s ability to comply with the requirements of the Project, in accordance with B15.

Notwithstanding B25.1(e) to B25.1(h), where Proponents fail to provide a response to B9.2(a) to B9.2(d), the score of zero may be assigned to the incomplete part of the response.

Proposals will be evaluated considering the information in the Proposal Submission and any interviews held in accordance with B23.

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.

This Contract will be awarded as a whole.

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 one or all of the Proponents are determined to be qualified, and the Proposals are determined to be responsive.

Without limiting the generality of B26.2, 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 Proposal 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 Proponent submitting the most advantageous offer.

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

Further to B26.4 the City reserves the right to negotiate and award future phases to the successful Proponent.

Further to Paragraph 7 of Form A: Bid/Proposal and C4, the City may issue an award letter to the successful Proponent in lieu of execution of Contract Documents

The Contract documents as defined in C1.1(o)(ii) 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.

Further to Paragraph 7 of Form A: Bid/Proposal and C4, the City may issue an award letter to the successful Proponent in lieu of execution of Contract Documents.

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

Further to Paragraph 7 of Form A: Bid/Proposal and 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 for execution.

If funding for the Services is provided to the City of Winnipeg by the Government of Manitoba and/or the Government of Canada, Proponents are advised that the terms of D40 shall immediately take effect upon confirmation of such funding, regardless of when the funding is confirmed.

Following the award of contract, a Proponent will be provided with information related to the evaluation of their Proposal upon written request to the 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 the Combined Provision of Goods and Services (2020-01-31) are applicable to the Work of the Contract.

The General Conditions for the Combined Provision of Goods and Services are available on the Information Connection page at The City of Winnipeg, Corporate Finance, the Purchasing 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 the Combined Provision of Goods and Services.

Supplemental Conditions

General

General Conditions

In addition to the General Conditions for the Combined Provision of Goods and Services, these Supplemental Conditions are applicable to the Work of the Contract.

Scope of Work

The Work to be done under the Contract shall consist ^

for the period from ^ until ^, with the option of ^ (^) mutually agreed upon (^ ) year extensions.

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

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

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

The major components of the Work are as follows:

^

^

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

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

Subject to C7.2, the City shall have no obligation under the Contract to purchase any quantity of any item in excess of their actual operational requirements.

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

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

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

The funds available for this Contract are ^

Cooperative Purchase

The Contractor is advised that this is a cooperative purchase.

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

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

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

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

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

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

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

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

any additional delivery charge identified and accepted in accordance with clause D3.4 and D3.5 will apply.

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

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

Definitions

When used in this Request for Proposal:

”Proponent” means any Person or Persons submitting a Proposal for Goods and Services;

“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:

”^” means ^;

”^” means ^;

”^” means ^;

”^” means ^.

Contract Administrator

The Contract Administrator is ^, represented by:

^

^

Telephone No.	204 ^

Email Address:.	^

Before commencement of Work, ^ will identify additional personnel representing the Contract Administrator and their respective roles and responsibilities for the Work.

The Contract Administrator is:

^

^

Telephone No.	204 ^

Email Address:	^

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

Contractor's Supervisor

Further to C6.21, the Contractor shall employ and keep on the Work, at all times during the performance of the Work, a competent supervisor and assistants, if necessary, acceptable to the Contract Administrator. The supervisor shall represent the Contractor on the Site. The supervisor shall not be replaced without the prior consent of the Contract Administrator unless the supervisor proves to be unsatisfactory to the Contractor and ceases to be in their employ.

Before commencement of Work, the Contractor shall identify their designated supervisor and any additional personnel representing the Contractor and their respective roles and responsibilities for the Work.

Further to C5.5 Contract Administrator may give instructions or orders to the Contractor’s supervisor and such instructions or orders shall be deemed to have been given to the Contractor.

Accessible Customer Service Requirements

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

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

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

providing barrier-free access to goods and services;

providing reasonable accommodations;

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

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

inform the public when accessibility features are not available;

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

providing adequate training of staff and documentation of same.

Unfair Labour Practices

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

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

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

Failure to provide the evidence required under D8.3, may be determined to be an event of default in accordance with C18.

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

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

The Contractor shall pay the Unfair Labour Practice Penalty to the City within thirty (30) Calendar Days of receiving a demand for same in accordance with D8.5. The City may also hold back the amount of the Unfair Labour Practice Penalty from payment for any amount it owes the Contractor.

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

Submissions

Authority to Carry on Business

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

Safe Work Plan

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

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

Notwithstanding B19.5 at any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require an updated COR Certificate or Annual Letter of good Standing. A Contractor, who fails to provide a satisfactory COR Certificate or Annual Letter of good Standing, will not be permitted to continue to perform any Work.

Insurance

The Contractor shall provide and maintain the following insurance coverage:

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

if applicable, Automobile Liability Insurance covering all motor vehicles, owned and operated and used or to be used by the Contractor 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;

^

Deductibles shall be borne by the Contractor.

The Contractor shall provide the Contract Administrator with a certificate(s) of insurance, in a form satisfactory to the City Solicitor, at least two (2) Business Days prior to the commencement of any Work on the Site but in no event later than the date specified in C4.1 for the return of the executed Contract Documents, as applicable.

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

The City shall have the right to alter the limits and/or coverages as reasonably required from time to time during the continuance of this agreement.

Contract Security

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

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

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

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

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

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

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

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

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

the results of the verification must provide a clear, immediate and printable indication of pass or fail regarding D12.1.1(b).

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

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

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

The Contractor shall provide the Contract Administrator identified inD5 with the required contract security within seven (7) Calendar Days of notification of the award of the Contract by way of Purchase Order and prior to the commencement of any Work on the Site.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Contractor shall provide the Contract Administrator identified in D5 with the required contract security within seven (7) Calendar Days of notification of the award of the Contract by way of Purchase Order and prior to the commencement of any Work on the Site.

Detailed Prices

The Contractor shall provide the Contract Administrator with a detailed price breakdown (Form I: Detailed Prices) at least two (2) Business Days prior to the commencement of any Work on the but in no event later than the date specified in C4.1 for the return of the executed Contract Documents, if applicable

The Contractor shall state a price for each item or sub-item of the Work identified on Form I: Detailed Prices.

Subcontractor List

The Contractor shall provide the Contract Administrator with a complete list of the Subcontractors whom the Contractor proposes to engage (Form J: Subcontractor List) at least two (2) Business Days prior to the commencement of any Work on the Site.

Equipment List

The Contractor shall provide the Contract Administrator with a complete list of the equipment which the Contractor proposes to utilize (Form K: Equipment List) at least two (2) Business Days prior to the commencement of any Work on the Site but in no event later than the date specified in C4.1 for the return of the executed Contract Documents, if applicable.

Detailed Work Schedule

VERSION 1 -

The Contractor shall provide the Contract Administrator with a detailed work schedule (Form L: Detailed Work Schedule) at least two (2) Business Days prior to the commencement of any Work on the Site but in no event later than the date specified in C4.1 for the return of the executed Contract Documents, if applicable.

All dates and time periods in the detailed work schedule shall be consistent except that:

the Contractor may adjust fixed dates proposed on Form L: Detailed Work Schedule, by not more than the difference between the aforementioned assumed and actual dates;

^

The Contractor shall provide the Contract Administrator with a detailed work schedule at least two (2) Business Days prior to the commencement of any Work on the Site but in no event later than the date specified in C4.1 for the return of the executed Contract Documents, if applicable.

All dates and time periods in the detailed work schedule shall be consistent except that:

the Contractor may adjust fixed dates proposed on Form L: Detailed Work Schedule, by not more than the difference between the aforementioned assumed and actual dates;

^

The detailed work schedule shall consist of the following:

a critical path method (C.P.M.) schedule for the Work;

a Gantt chart for the Work based on the C.P.M. schedule; and

a daily manpower schedule for the Work

all acceptable to the Contract Administrator.

Further to D16.5(a), the C.P.M. schedule shall clearly identify the start and completion dates of all of the following activities/tasks making up the Work as well as showing those activities/tasks on the critical path.

Further to D16.5(b), the Gantt chart shall show the time on a weekly basis, required to carry out the Work of each trade, or specification division. The time shall be on the horizontal axis, and the type of trade shall be on the vertical axis.

Further to D16.5(c), the daily manpower schedule shall list the daily number of individuals on the Site for each trade.

Control of Work

Commencement

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

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

the Contract Administrator has confirmed receipt and approval of:

evidence of authority to carry on business specified in D9;

evidence of the workers compensation coverage specified in C6.14;

the Safe Work Plan specified in D10;

evidence of the insurance specified in D11;

the contract security specified in D12;

the Detailed Prices specified in D13

the Subcontractor list specified in D14;

the equipment list specified in D15;

The Detailed Work Schedule specified in D16; and

The direct deposit application form specified in D35.2.

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

^

The Contractor shall commence the Work on the Site within seven (7) Working Days of receipt of the notice of award.

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

Working Days

Further to C1.1(uu), the Contract Administrator’s determination of whether or not atmospheric and Site conditions are such that a Working Day is deemed to have elapsed may be based at one time on one type of work while at another time a Working Day may be based on another type of work. When more than one type of major work is involved, the quantity of equipment that must be able to work in order to meet the requirements of a Working Day may vary considerably from that specified in the General Conditions.

In the event that incidental work is behind schedule which, in the opinion of the Contract Administrator, should have been or could have been carried out by the Contractor in conjunction with or immediately following work of a major type, the City hereby reserves the right to charge Working Days on the incidental work until such time as it is up to schedule.

When the major type of work involves restoration of the site to the condition it was prior to rainfall, Working Days shall not be charged.

The Contract Administrator will furnish the Contractor with a daily record for each major type of work showing various information concerning the equipment, the time it worked, could have worked and Working Days charged. This report is to be signed each day by an authorized representative of the Contractor.

Delivery

Goods shall be delivered on an "as required" basis during the term of the Contract, f.o.b. destination, freight prepaid, to various locations within the City.

Goods shall be delivered within ^(^) Business Days of the placing of an order.

Initial start-up delivery shall be ^(^) Business Daysfrom the date of award.

After the initial start-up delivery stated in D19.2, Goods shall be delivered in accordance with D19.1.1.

Goods shall be delivered by ^, f.o.b. destination, freight prepaid to:

^

^

The Contractor shall confirm each delivery with the Contract Administrator or their designate, at least two (2) Business Days before delivery.

Goods shall be delivered between 8:30 a.m. and 4:30 p.m. on Business Days.

The Contractor shall off-load goods as directed at the delivery location.

Critical Stages

The Contractor shall achieve critical stages of the Work in accordance with the following requirements:

^

^

^

Total Performance

The Contractor shall achieve Total Performance within ^ (^) consecutive Working Days of the commencement of the Work as specified in 0.

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

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

The Contractor shall achieve Total Performance by ^.

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

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

Liquidated Damages

If the Contractor fails to achieve the Work of the Contract in accordance with the Contract by the day stated in D19, the Contractor shall pay the City ^ dollars ($^) per Working Dayfor each and every Working Dayfollowing the day fixed herein until the Work is complete.

The amount specified for liquidated damages in D22.1 is based on a genuine pre-estimate of the City's damages in the event that the Contractor does not achieve the Work of the Contract.

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

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

The amount specified for liquidated damages in D22.1 is based on a genuine pre-estimate of the City's damages in the event that the Contractor does not achieve Total Performance by the day fixed herein for same.

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

If the Contractor fails to achieve Critical Stages or Total Performance in accordance with the Contract by the days fixed herein for same, the Contractor shall pay the City the following amounts per Working Day for each and every Working Day following the days fixed herein for same during which such failure continues:

^ - ^ dollars ($^);

^ - ^ dollars ($^);

^ - ^ dollars ($^);

^ - ^ dollars ($^);

Total Performance - ^ dollars ($^).

The amounts specified for liquidated damages in D22.1 are based on a genuine pre-estimate of the City's losses in the event that the Contractor does not achieve critical stages or Total Performance by the days fixed herein for same.

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

If the Contractor fails to perform the Work in accordance with the Contract Administrator’s stated requirements under D2 and E4 of the Contract, the Contractor shall pay the City {amount} dollars per Working Day for each and every Working Day following the day specified by the Contract Administrator on which the Work was to be performed until the failure is rectified.

The amount specified for liquidated damages in D22.4 is based on a genuine pre-estimate of the City’s damages in the event that the Contractor does not perform the Work in satisfaction of the City’s requirements for same.

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

Supply Chain Disruption Schedule Delays

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

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

A minimum of seven (7) Calendar Days prior to the commencement of Work, the Contractor shall declare whether a Supply Chain Disruption will affect the start date. The Contractor shall provide sufficient evidence that the delay is directly related to 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 D23.3. Failure to provide this notice will result in no additional time delays being considered by the City.

The Work schedule, including the durations identified in D19 where applicable, 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.

Scheduled Maintenance

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

^ as specified in ^;

^ as specified in ^;

^ as specified in ^.

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

Control of Work

Job Meetings

Regular weekly job meetings will be held at the Site. These meetings shall be attended by a minimum of one representative of the Contract Administrator, one representative of the City and one representative of the Contractor. Each representative shall be a responsible person capable of expressing the position of the Contract Administrator, the City and the Contractor respectively on any matter discussed at the meeting including the Work schedule and the need to make any revisions to the Work schedule. The progress of the Work will be reviewed at each of these meetings.

The Contract Administrator reserves the right to cancel any job meeting or call additional job meetings whenever they deem it necessary.

The Workplace Safety and Health Act (Manitoba) – Qualifications

Further to B19.5, the Contractor/Subcontractor must, throughout the term of the Contract, have a Workplace Safety and Health Program meeting the requirements of The Workplace Safety and Health Act (Manitoba). At any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require updated proof of compliance, as set out in B19.5.

Plant and Materials

Further to C13 the City shall assume the risk of and responsibility for the following Plant from the time that the City delivers the Plant to the Site until the Plant is removed from the Site:

^

Further to C13, the City shall assume the risk of and responsibility for the following Material from the time that the City delivers the Material to the Site until the Material is incorporated in the Work or is removed from the Site:

^

^

Plant and Material that is the property of the City shall not be removed from the Site, disposed of or used except for the purposes of the Work without the prior consent of the Contract Administrator.

The Contractor shall keep such records of all Plant and Material supplied or placed in the care, custody and control of the Contractor by the City as the Contract Administrator may from time to time require and shall satisfy the Contract Administrator, when requested, that such Plant and Material are at the place and in the condition required by the City.

Safety

The Contractor shall be solely responsible for safety at the Site and for compliance with all laws, rules, regulations and practices required by the applicable safety legislation.

The Contractor shall be solely responsible for securing the Site, and any existing facility thereon, and for the proper care and protection of the Work already performed.

The Contractor shall do whatever is necessary to ensure that:

no person, property, right, easement or privilege is injured, damaged or infringed by reason of the Contractor's activities in performing the Work;

the health and safety of all persons employed in the performance of the Work or otherwise is not endangered by the method or means of their performance;

adequate medical services are available to all persons employed on the Work and at all times during the performance of the Work;

adequate sanitation measures are taken and facilities provided with respect to the Work;

pedestrian and other traffic on any public or private road or waterway is not unduly impeded, interrupted or endangered by the performance or existence of the Work or Plant;

fire hazards in or about the Work are eliminated;

^

Site Cleaning

The Contractor shall maintain the Site and the Work in a tidy condition and free from the accumulation of waste and debris, other than that caused by the City or by other contractors.

As the Work progresses, the Contractor shall remove any Plant and Material not required for the performance of the remaining Work. He shall also remove waste and debris other than that caused by the City or other contractors, and leave the Site and the Work clean and suitable for occupancy by the City unless otherwise specified.

Total Performance shall not be considered to have been achieved until the Contractor has cleaned up the Site and has removed all Plant, surplus Material, waste and debris, other than that left by the City or other contractors.

Inspection

Before beginning or resuming operations upon any portion of the Work, the Contractor shall notify the Contract Administrator so as to enable him to arrange for inspection. If the Contractor fails to notify the Contract Administrator, the Contractor shall, if and when required by the Contract Administrator, forthwith take down or expose and redo that portion of the Work required to facilitate inspection. The cost of such taking down or exposure, and redoing, if any, shall be borne by the Contractor.

If and when required by the Contract Administrator, the Contractor shall take down or expose forthwith any portion of the Work where the Contract Administrator determines that the Work is not in accordance with the Contract. The cost of such taking down or exposure, and redoing, if any, shall fall upon the City if the taking down or exposure indicates that the portion exposed was properly performed, but if otherwise the cost shall be borne by the Contractor.

Deficiencies

Further to C11.7 the Contract Administrator may order the Contractor to alter or improve their methods, to increase or improve their Plant, to furnish additional or more suitable Material, or to employ additional or more qualified labour if, at any time, the Contract Administrator determines that:

the Work is not being, or will likely not be, performed satisfactorily; or

progress is not being, or will likely not be, maintained in accordance with the work schedule.

If the Work or any part thereof is taken out of the Contractor's control pursuant to C19.1(b), all Plant and Material, and the interest of the Contractor in all licences, powers and privileges acquired, used or provided by the Contractor under the Contract shall be assigned by the Contractor to the City without compensation to the Contractor.

The City shall have the right to take possession of and use any of the Contractor’s material and property of every kind provided by the Contractor for the purpose of the Work, and to procure other Plant or Material for the completion thereof.

When the Contract Administrator certifies that any Plant, Material or any interest of the Contractor referred to in D31.2, is no longer required for the purposes of the Work, or that it is not in the best interest of the City to retain that Plant, Material or interest, it shall revert to the Contractor.

Orders

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

Records

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

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

user name(s) and addresses;

order date(s);

delivery date(s); and

description and quantity of goods supplied.

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

Measurement and Payment

Invoices

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

The City of Winnipeg

Corporate Finance - Accounts Payable

4th Floor, Administration Building, 510 Main Street

Winnipeg MB R3B 1B9

Facsimile No.: 204 949-0864

Send Invoices to CityWpgAP-INVOICES@winnipeg.ca

Send Invoice Inquiries to CityWpgAP-INQUIRIES@winnipeg.ca

Invoices must clearly indicate, as a minimum:

the City's purchase order number;

date of delivery;

delivery address;

type and quantity of work performed;

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

the Contractor's GST registration number.

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

Payment

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

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

Payment Schedule

Further to C12, payment shall be in accordance with the following payment schedule:

^

^

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

Purchasing Card

Notwithstanding D35.2, the Contractor shall allow Users to charge items to their purchasing cards at no extra cost.

The Contractor’s credit card website/gateway shall have appropriate current Payment Card Industry Data Security standards (PCI DSS) certification www.pcisecuritystandards.org. The credit card gateway shall meet the credit card data security requirements outlined by the Payment Card Industry Security Standards Council (PCI SSC) for service providers and/or software vendors.

Warranty

Warranty

Warranty is as stated in C13.

Notwithstanding C13, the warranty period shall begin on the date of Total Performance and shall expire ^ (^) years thereafter unless extended pursuant to C13.3, in which case it shall expire when provided for thereunder.

Further to C13, if a defect or deficiency prevents the full and normal use or operation of the Work or any portion thereof, for purposes of calculating the warranty period, time shall be deemed to cease to elapse for the defective or deficient portion, and for any portion of the Work whose use or operation is prevented by such defect or deficiency, as of the date on which the defect or deficiency is observed or the use or operation is prevented and shall begin to run again when the defect or deficiency has been corrected or the Work may be used or operated to the satisfaction of the Contract Administrator.

Notwithstanding C13, Warranty does not apply to this Contract.

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 D39.

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

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

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

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

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

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

The Contract Administrator;

Supervisory level between the Contract Administrator and applicable Department Head;

Department Head.

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

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

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

If the Dispute is not resolved to the City and Contractor’s mutual satisfaction after discussions have occurred at the final escalated level as described above, or the time period set out in D39.4.3, as extended if applicable, has elapsed, the Contract Administrator will issue a Final Determination as defined in C1.1(v), at which point the parties will be governed by the Dispute Resolution process set out in C21.

Third Party Agreements

Funding and/or Contribution Agreement Obligations

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

For the purposes of D40:

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

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

Indemnification By Contractor

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

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

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

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

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

in relation to this Contract or the Work.

Records Retention and Audits

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

In addition to the record keeping and inspection obligations outlined in C6 of the General Conditions for the Combined Provision of Goods and Services, the Contractor shall keep available for inspection and audit at all reasonable times while this Contract is in effect and until at least six (6) years after Total Performance, all records, documents, and contracts referred to in D40.4.1 for inspection, copying and audit by the City of Winnipeg, the Government of Manitoba and/or the Government of Canada and their respective representatives and auditors, and to produce them on demand; to provide reasonable facilities for such inspections, copying and audits, to provide copies of and extracts from such records, documents, or contracts upon request by the City of Winnipeg, the Government of Manitoba, and/or the Government of Canada and their respective representatives and auditors, and to promptly provide such other information and explanations as may be reasonably requested by the City of Winnipeg, the Government of Manitoba, and/or the Government of Canada from time-to-time.

Other Obligations

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

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

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

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

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

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

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

Further to D40.6, in the event that the obligations in D40 apply, actual costs legitimately incurred by the Contractor as a direct result of these obligations (“Funding Costs”) shall be determined by the actual cost to the Contractor and not by the valuation method(s) outlined in C7.4. In all other respects Funding Costs will be processed in accordance with Changes in Work under C7.

For the purposes of D40:

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

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

Modified Insurance Requirements

Where applicable, the Contractor will be required to provide wrap-up liability insurance in an amount of no less than two million dollars ($2,000,000) inclusive per occurrence. Such policy will be written in the joint names of the City, Contractor, Consultants and all sub-contractors and sub-consultants and include twelve (12) months completed operations. The Government of Manitoba and their Ministers, officers, employees, and agents shall be added as additional insureds.

If applicable the Contractor will be required to provide builders’ risk insurance (including boiler and machinery insurance, as applicable) providing all risks coverage at full replacement cost, or such lower level of insurance that the City may identify on a case-by-case basis, such as an installation floater.

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

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

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

Indemnification By Contractor

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

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

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

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

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

in relation to this Contract or the Work.

Records Retention and Audits

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

In addition to the record keeping and inspection obligations outlined in C6 of the General Conditions for the Combined Provision of Goods and Services, the Contractor shall keep available for inspection and audit at all reasonable times while this Contract is in effect and until at least six (6) years after Total Performance, all records, documents, and contracts referred to in D40.11.1 for inspection, copying and audit by the City of Winnipeg, the Government of Manitoba and/or the Government of Canada and their respective representatives and auditors, and to produce them on demand; to provide reasonable facilities for such inspections, copying and audits, to provide copies of and extracts from such records, documents, or contracts upon request by the City of Winnipeg, the Government of Manitoba, and/or the Government of Canada and their respective representatives and auditors, and to promptly provide such other information and explanations as may be reasonably requested by the City of Winnipeg, the Government of Manitoba, and/or the Government of Canada from time-to-time.

Other Obligations

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

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

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

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

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

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

Form H1: Performance Bond (See D12)
KNOW EVERYONE BY THESE PRESENTS THAT _____________________________________________________________________________________ (hereinafter called the "Principal"), and ____________________________________________________________________________________ , (hereinafter called the "Surety"), are held and firmly bound unto THE CITY OF WINNIPEG (hereinafter called the "Obligee"), in the sum of _____________________________________________________________________________________ ________________________________________________ dollars ($________________________.____) of lawful money of Canada to be paid to the Obligee, or its successors or assigns, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee for RFP NO. Click or tap here to enter text. Click or tap here to enter text. which is by reference made part hereof and is hereinafter referred to as the “Contract”. NOW THEREFORE the condition of the above obligation is such that if the Principal shall: (a) carry out and perform the Contract and every part thereof in the manner and within the times set forth in the Contract and in accordance with the terms and conditions specified in the Contract; (b) perform the Work in a good, proper, workmanlike manner; (c) make all the payments whether to the Obligee or to others as therein provided; (d) in every other respect comply with the conditions and perform the covenants contained in the Contract; and (e) indemnify and save harmless the Obligee against and from all loss, costs, damages, claims, and demands of every description as set forth in the Contract, and from all penalties, assessments, claims, actions for loss, damages or compensation whether arising under "The Workers Compensation Act", or any other Act or otherwise arising out of or in any way connected with the performance or nonperformance of the Contract or any part thereof during the term of the Contract and the warranty period provided for therein; THEN THIS OBLIGATION SHALL BE VOID, but otherwise shall remain in full force and effect. The Surety shall not, however, be liable for a greater sum than the sum specified above.
AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable as Principal, and that nothing of any kind or matter whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law or usage relating to the liability of Sureties to the contrary notwithstanding. IN WITNESS WHEREOF the Principal and Surety have signed and sealed this bond the _______ day of ____________________ , 20____ .
SIGNED AND SEALED in the presence of: _______________________________ (Witness as to Principal if no seal)	_______________________________________________ (Name of Principal) Per: _________________________________ (Seal) Per: _________________________________ _______________________________________________ (Name of Surety) By: _________________________________ (Seal) (AttorneyinFact)
Form H2: Irrevocable Standby Letter of Credit (CONTRACT SECURITY) (See D12)
______________________ (Date) The City of Winnipeg Legal Services Department 185 King Street, 3rd Floor Winnipeg MB R3B 1J1 RE: CONTRACT SECURITY – RFP NO. Click or tap here to enter text. Click or tap here to enter text. Pursuant to the request of and for the account of our customer, ____________________________________________________________________________________ , (Name of Contractor) _____________________________________________________________________________________ (Address of Contractor) WE HEREBY ESTABLISH in your favour our irrevocable Standby Letter of Credit for a sum not exceeding in the aggregate _____________________________________________________________________________________ ______________________________________________________________________ Canadian dollars. This Standby Letter of Credit may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you. It is understood that we are obligated under this Standby Letter of Credit for the payment of monies only and we hereby agree that we shall honour your demand for payment without inquiring whether you have a right as between yourself and our customer to make such demand and without recognizing any claim of our customer or objection by the customer to payment by us. The amount of this Standby Letter of Credit may be reduced from time to time only by amounts drawn upon it by you or by formal notice in writing given to us by you if you desire such reduction or are willing that it be made. We engage with you that all demands for payment made within the terms and currency of this Standby Letter of Credit will be duly honoured if presented to us at: _____________________________________________________________________________________ (Address) and we confirm and hereby undertake to ensure that all demands for payment will be duly honoured by us.
All demands for payment shall specifically state that they are drawn under this Standby Letter of Credit. Subject to the condition hereinafter set forth, this Standby Letter of Credit will expire on _______________________________________ . (Date) It is a condition of this Standby Letter of Credit that it shall be deemed to be automatically extended from year to year without amendment from the present or any future expiry date, unless at least 30 days prior to the present or any future expiry date, we notify you in writing that we elect not to consider this Standby Letter of Credit to be renewable for any additional period. This Standby Letter of Credit may not be revoked or amended without your prior written approval. Except where they may conflict with the terms and conditions contained in this Letter of Credit, the International Standby Practices 1998 shall apply to this Letter of Credit. This Letter of Credit shall also be governed by and construed in accordance with the laws of the Province of Manitoba and of Canada as applicable therein, except to the extent that such laws are inconsistent with the International Standby Practices 1998. This Letter of Credit is subject to the exclusive jurisdiction of the courts in the Province of Manitoba and all courts competent to hear appeals therefrom. ______________________________________________ (Name of bank or financial institution) Per: _________________________________________ (Authorized Signing Officer) Per: _________________________________________ (Authorized Signing Officer)

Form I: Detailed Prices (See D13) Click or tap here to enter text.
ITEM NO.	DESCRIPTION	SPEC. REF.	UNIT	APPROX. QUANTITY	UNIT PRICE	AMOUNT

Form J: Subcontractor List (See D14) Click or tap here to enter text.
Name Address ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

Form K: Equipment (See D15) Click or tap here to enter text.
Category/type: Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________
Category/type: Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________
Category/type: Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________
Category/type: Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________
Category/type: Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________
Category/type: Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________ Make/Model/Year: _____________________________________ Serial No.: ___________________________ Registered owner: _________________________________________________________________________

Form L: Detailed Work Schedule (See D16) Click or tap here to enter text.
For each item of Work, indicate the cumulative percentage proposed to be completed by the end of each time period until 100% completion is achieved.
Items of Work	Time Period in Working Days
0	10	20	30	40	50

Form L: Detailed Work Schedule (See D16) Click or tap here to enter text.
For each item of Work, indicate the proposed date that each cumulative percentage to be completed will be achieved.
Items of Work	Percentage of Work Completed
Start	25%	50%	75%	100%

SPECIFICATIONS

General

Applicable Specifications and Drawings

These Specifications shall apply to the Work.

The following are applicable to the Work:

Specification No.	Specification Title
Table of Contents

Drawing No.	Drawing Name/Title

Proponents are reminded that requests for approval of substitutes as an approved equal or an approved alternative shall be made in accordance with B8. 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 B8.

Office Facilities

The Contractor shall supply office facilities meeting the following requirements:

^

Services

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

Item No. 1 - ^ shall be ^.

Item No. 2 - ^ shall be ^.

Item No. 3 - ^ shall be ^.

Item No. 4 - ^ shall be ^.

Completion of Work

The Contractor shall complete the work within ^.

^

^

Security Clearance

Security Clearance

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

police service having jurisdiction at their place of residence; or

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

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

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

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

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

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

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

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

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

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

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

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

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

any Work on private property;

any Work within City facilities other than:

an underground structure such as a manhole;

in areas and at times normally open to the public;

^;

communicating with residents and homeowners in person or by telephone;

^;

^;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

^;

^;

^;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sterling BackCheck;

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

A police service having jurisdiction at their place of residence;

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

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

Commissionaires (Manitoba Division);

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

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

FASTCHECK Criminal Record & Fingerprint Specialists;

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

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

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

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

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

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

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

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

convictions or pending charges related to crimes against another person.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Security Clearance for Work at Winnipeg Police Service Buildings or Stations

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

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

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

The Contractor shall provide the Contract Administrator with:

a list of individuals identified in F1.1:

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

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

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

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

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

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

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

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

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

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

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

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

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