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.	Enquiries	1

B5.	Confidentiality	1

B6.	Addenda	1

B7.	Substitutes	1

B8.	Proposal Submission	1

B9.	Proposal (Section A)	1

B10.	Prices	1

B11.	Design Drawings	1

B12.	Component Descriptions	1

B13.	Disclosure	1

B14.	Conflict of Interest and Good Faith	1

B15.	Qualification	1

B16.	Opening of Proposals and Release of Information	1

B17.	Irrevocable Offer	1

B18.	Withdrawal of Offers	1

B19.	Interviews	1

B20.	Negotiations	1

B21.	Evaluation of Proposals	1

B22.	Award of Contract	1

PART C - General Conditions

C0.	General Conditions	1

PART D - Supplemental Conditions

General

D1.	General Conditions	1

D2.	Scope of Work	1

D3.	Site Investigation Due Diligence and Risk	1

D4.	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.	Subcontractor List	1

D14.	Detailed Work Schedule	1

D15.	Requirements for Site Accessibility Plan	1

Schedule of Work

D16.	Commencement	1

D17.	Work By Others	1

D18.	Critical Stages	1

D19.	Substantial Performance	1

D20.	Total Performance	1

D21.	Liquidated Damages	1

D22.	Supply Chain Disruption Schedule Delays	1

D23.	Scheduled Maintenance	1

Control of Work

D24.	Job Meetings	1

D25.	Prime Contractor – The Workplace Safety and Health Act (Manitoba)	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

Measurement and Payment

D32.	Invoices	1

D33.	Payment	1

D34.	Payment Schedule	1

Warranty

D35.	Warranty	1

Dispute Resolution

D36.	Dispute Resolution	1

Indemnity

D37.	Indemnity	1

Third Party Agreements

D38.	Funding and/or Contribution Agreement Obligations	1

Form H1: Performance Bond	1

Form H2: Labour and Material Payment Bond	1

Form H3: Irrevocable Standby Letter of Credit	1

Form J: Subcontractor List	1

PART E - SPECIFICATIONS

General

E1.	Applicable Specifications and Drawings	1

E2.	Soils Investigation Report	1

E3.	Hazardous Materials	1

E4.	Existing Services and Utilities	1

E5.	Access To Site	1

E6.	Permits, Notices, Licenses, Certificates, Laws and Rules	1

E7.	Damage to Existing Structures, Trees and Property	1

E8.	Pedestrian Safety And Traffic Management	1

E9.	Protection of the Survey Infrastructure	1

E10.	Site Enclosures	1

Site Development

E11.	^	1

Play Equipment

E12.	Play Equipment	1

E13.	Swing Set	1

E14.	Cast-In-Place Concrete Foundations	1

E15.	Maintenance Kits	1

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.

Further to C3.1, a Site meeting will be held 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.

Enquiries

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

If the Proponent finds errors, discrepancies or omissions in the 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 B4 unless that response or interpretation is provided by the Contract Administrator in writing.

Any enquiries concerning submitting through MERX should be addressed to:

MERX Customer Support

Phone: 1-800-964-6379

Email: merx@merx.com

Confidentiality

Information provided to a 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 B4, 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 proposed work schedule and the dates specified in the Supplemental Conditions for Substantial Performance and Total Performance;

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

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

The Contract Administrator will provide a response in writing, at least two (2) Business Days prior to the Submission Deadline, 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 B21.

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:

Design Drawings in accordance with B11;

Component Description, in accordance with B12;

^;

^.

Further to B8.1, 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.

Further to B8.2, 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 B21.1(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 (Section A)

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 B9.2.

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 and the corporate seal, if the corporation has one, should be affixed;

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(c), prices on Form B: Prices shall not include the Manitoba Retail Sales Tax (MRST, also known as PST), which shall be extra where applicable.

Prices stated on Form B: Prices shall not include any costs which may be incurred by the Contractor with respect to any applicable funding agreement obligations as outlined in D38. Any such costs shall be determined in accordance with D38.

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 on Form B: Prices shall not include any costs which may be incurred by the Contractor with respect to any applicable funding agreement obligations as outlined in D38. Any such costs shall be determined in accordance with D38.

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

Design Drawings

The Proponent should submit drawings that illustrate the proposed design, including if the price bid is subject to the colours of the proposed design and play equipment, such as plan, perspective, manufacturer’s footing specifications and any other submissions to illustrate the design intent. Included in this should be a plan showing the proposed play equipment and associated safety zones within the proposed play area and site, drawn to scale. Additional drawings may be requested prior to award for more detailed information.

Component Descriptions

The Proponent should submit component description and/or graphic or catalogue reference outlining specifications of play equipment components.

Disclosure

Various Persons provided information or services with respect to this Work. In the City’s opinion, this relationship or association does not create a conflict of interest because of this full disclosure. Where applicable, additional material available as a result of contact with these Persons is listed below.

The Persons are:

^

^

Additional Material:

^

^

Conflict of Interest and Good Faith

Further to C3.2, Proponents, by responding to this RFP, declare that no Conflict of Interest currently exists, or is reasonably expected to exist in the future.

Conflict of Interest means any situation or circumstance where a Proponent or Key Personnel proposed for the Work has:

other commitments;

relationships;

financial interests; or

involvement in ongoing litigation;

that could or would be seen to:

exercise an improper influence over the objective, unbiased and impartial exercise of the independent judgment of the City with respect to the evaluation of Proposals or award of the Contract; or

compromise, impair or be incompatible with the effective performance of a Proponent’s obligations under the Contract.

has contractual or other obligations to the City that could or would be seen to have been compromised or impaired as a result of their participation in the RFP process or the Project; or

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

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

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

upon discovering any perceived, potential or actual Conflict of Interest at any time during the RFP process, promptly disclose a detailed description of the Conflict of Interest to the City in a written statement to the Contract Administrator; and

provide the City with the proposed means to avoid or mitigate, to the greatest extent practicable, any perceived, potential or actual Conflict of Interest and shall submit any additional information to the City that the City considers necessary to properly assess the perceived, potential or actual Conflict of Interest.

Without limiting B14.3, the City may, in their sole discretion, waive any and all perceived, potential or actual Conflicts of Interest. The City’s waiver may be based upon such terms and conditions as the City, in their sole discretion, requires to satisfy itself that the Conflict of Interest has been appropriately avoided or mitigated, including requiring the Proponent to put into place such policies, procedures, measures and other safeguards as may be required by and be acceptable to the City, in their sole discretion, to avoid or mitigate the impact of such Conflict of Interest.

Without limiting B14.3, and in addition to all contractual or other rights or rights at law or in equity or legislation that may be available to the City, the City may, in their sole discretion:

disqualify a Proponent that fails to disclose a perceived, potential or actual Conflict of Interest of the Proponent or any of their Key Personnel;

require the removal or replacement of any Key Personnel proposed for the Work that has a perceived, actual or potential Conflict of Interest that the City, in their sole discretion, determines cannot be avoided or mitigated;

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

disqualify a Proponent if the Proponent, or one of their Key Personnel proposed for the Project, has a perceived, potential or actual Conflict of Interest that, in the City’s sole discretion, cannot be avoided or mitigated, or otherwise resolved.

The final determination of whether a perceived, potential or actual Conflict of Interest exists shall be made by the City, in their sole discretion.

Qualification

The Proponent shall:

undertake to be in good standing under The Corporations Act (Manitoba), or properly registered under The Business Names Registration Act (Manitoba), or otherwise properly registered, licensed or permitted by law to carry on business in Manitoba, or if the Proponent does not carry on business in Manitoba, in the jurisdiction where the Proponent does carry on business; 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);

have a valid Canadian Certified Playground Inspector.

have completed the Accessible Customer Service online training required by the Accessibility for Manitobans Act (AMA) (see B15.5 and D7).

Further to B15.3(c), should the Total Bid Price exceed $100,000.00, 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 B15.3(e), the Bidder acknowledges they and all Subcontractors have obtained training required by the Accessibility for Manitobans Act (AMA) available at Accessibility Training for anyone that may have any interaction with the public on behalf of the City of Winnipeg.

The 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 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 11 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 the time period specified in Paragraph 11 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 B20.2, 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 Subconsultants, if any, pursuant to	B15:	(pass/fail)

Total Bid Price;	10%

Design Drawings/Component Descriptions	90%

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

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

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

Further to B21.1(c) the Award Authority may reject a Proposal as being non-responsive if it exceeds the funds available as shown in D2.3.

Further to B21.1(c), the Total Bid Price shall be the sum of the quantities multiplied by the unit prices for each item shown on Form B: Prices.

Further to B21.1(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 B21.1(c), the Total Bid Price shall be the lump sum price shown on Form B: Prices.

Further to B21.1(c), the Total Bid Price shall be the sum of the quantities multiplied by the unit prices for each item shown on Form B: Prices adjusted, if necessary, as follows:

if the lowest evaluated responsive Bid submitted by a responsible and qualified Bidder is within the budgetary provision for the Work, no adjustment will be made to the Total Bid Price; or

if the lowest evaluated responsive Bid submitted by a responsible and qualified Bidder exceeds the budgetary provision for the Work, the Total Bid Prices of all responsive Bids submitted by responsible and qualified Bidders will be adjusted by progressively deducting item(s) ^ ^ and^ in the order listed, until a Total Bid Price within the budgetary provision is achieved.

Further to B21.1(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 B21.1(c), the Award Authority may reject a Bid as being non-responsive if it exceeds the budget as shown in D2.3.

The Total Bid Price shall be evaluated with a weighing of 10 points out of a total of 100 possible points. As such, the lowest Proponent shall receive the full 10 points, and the second lowest Proponent and subsequent Proponents shall be pro-rated accordingly.

Further to B21.1(d) Design Drawings/Component Descriptions shall be evaluated with a weighting of 90 points out of a total of 100 possible points as per B11 and B12.

The Design shall be evaluated on the following criteria:

compliance with CSA Standards (pass/fail);

play value (maximum 39 points):

7 points – Gross Motor Play Experience(s) (Climbing, balancing, etc.);

7 points – Motion Component(s);

6 points - Provides opportunities for appropriate social / interpersonal interaction and co-operative play;

7 points – Imaginative/ Cognitive Play Component(s), including fine motor skills;

5 points – Sliding Component(s) for 5-12 year old;

4 points - Variety of play Components.

4 points – Uniqueness of components as compared to similar playground components within walking distance (400m) of the park as per E 12.4(d).

Designed for inclusive play using Universal Design principles – Accessible Play Area only (maximum 15 points):

Complies with section 2.3.5 of the 2015 City of Winnipeg Accessibility Design Standard (https://winnipeg.ca/ppd/Documents/Planning/UniversalDesign/Access_Design_Standards.pdf) (pass/fail);

6 points – Provision of tactile and auditory play experiences;

3 points – Layout of the play area for integration of wheelchair accessible components to promote inclusive play;

3 points – Layout of the play area for persons with visual impairment.

Layout/circulation (maximum 23 points):

5 points – Flow and relationship between play area activities;

5 points - Layout/orientation of components on Site and in relation to seating areas;

5 points - Orientation to provide good visibility to play area from adjacent road

5 points – Efficient use of space within and between elements;

3 points - Slide orientation – north or east.

Durability (maximum 10 points):

Use of durable/tamper-resistant materials, low maintenance finishes and connector systems and ease of repair/replacement of the products used with the playground area.

Drawing and Design Submission Clarity (maximum 3 points):

1 point – Drawing Submission including complete Site Plan, clearly showing the location of all play equipment, play edging, pathways and seating areas.

2 points – Clarity of drawings, supportive imagery and literature that serve to effectively communicate the intent of the play structures design and function.

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

Award of Contract

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

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

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

the prices exceed the available City funds for the 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.

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.

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

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

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 Work 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 D38 shall immediately take effect upon confirmation of such funding, regardless of when 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 Construction (Revision 2020-01-31) are applicable to the Work of the Contract.

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

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

Supplemental Conditions

General

General Conditions

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

Scope of Work

The Work to be done under the Contract shall consist of ^

The major components of the Work are as follows:

^

^

The funds available for this Contract are ^.

Site Investigation Due Diligence and Risk

Notwithstanding C3.1, the Contractor acknowledges that the site investigation reports and other site information included in this Tender have been provided to it and may be relied upon by the Contractor to the extent that the Contractor uses Good Industry Practice in interpreting such report(s) and site information and carries out the Work in accordance with Good Industry Practice based upon such report(s) and the information contained in them and such other site information. In the event that a site condition related to:

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

the Site conditions, including but not limited to subsurface hazardous materials or other concealed physical conditions;

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

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

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

all other matters which could in any way affect the performance of the Work;

that could not have been “properly inferable”, “readily apparent” and readily discoverable” using Good Industry Practice by the Contractor, results in additional Work which is a direct result of this newly discovered site condition, such additional Work will be considered by the City under Changes in Work.

Definitions

When used in this Request for Proposal:

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 ^.

”^” 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, 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, 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 B15.4 at any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require an updated COR Certificate or Annual Letter of good Standing. A Contractor, who fails to provide a satisfactory COR Certificate or Annual Letter of good Standing, will not be permitted to continue to perform any Work.

Insurance

The Contractor shall provide and maintain the following insurance coverage:

commercial general liability insurance, in the amount of at least two million dollars ($2,000,000.00) inclusive, with The City of Winnipeg added as an additional insured; 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 Work. 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;

all risks installation floater, carrying adequate limits to covers all machinery, equipment, supplies and/or materials intended to enter into and form part of any installation.

Deductibles shall be borne by the Contractor.

The Contractor shall provide the Contract Administrator with a certificate(s) of insurance, referencing the Request for Proposal number and/or the Scope of Work D2 and Specifications PART E - to be performed, 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.

Contract Security

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

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

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

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

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

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

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

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

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

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

the results of the verification must provide a clear, immediate and printable indication of pass or fail regarding 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 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 or an award letter and prior to the commencement of any Work on the Site but in no event later than the date specified in C4.1 for the return of the executed Contract Documents, if applicable.

Where the contract security is provided in accordance with D12.1(a) and D12.1(b), the Contractor shall, as soon as practicable after entering into a contract with a Subcontractor:

give the Subcontractor written notice of the existence of the labour and material payment bond in D12.1(b); and

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

Subcontractor List

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

Detailed Work Schedule

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.

Detailed Work Schedule shall consist of the following dates:

Start date;

Excavation for play area and path;

Rough Grading;

Installation of sub-surface drainage;

Installation of play edging;

Installation of play equipment;

Installation of safety surfacing;

Installation of path and seating areas;

Installation of site furniture;

Installation of soil and sod; and

Expected completion.

Other milestone dates appropriate to this project should also be included to make the Contract Administrator aware of them.

Requirements for Site Accessibility Plan

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

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

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

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

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

How the Contractor will maintain cycling facilities.

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

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

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

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

Signage

Temporary Ramping

Transit Stops

Detour Signage

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

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

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

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

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

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

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

Schedule of Work

Commencement

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

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

the Contract Administrator has confirmed receipt and approval of:

evidence of authority to carry on business specified in D9;

evidence of the workers compensation coverage specified in C6.17;

the Safe Work Plan specified in D10;

evidence of the insurance specified in D11;

the contract security specified in D12;

the Subcontractor list specified in D13;

the detailed work schedule specified in D14;

the Requirements for Site Accessibility Plan as specified in D15; and

the direct deposit application form specified in D33.

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

^

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

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

The City intends to award this Contract by ^

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

Work By Others

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

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

^;

^.

Further to D17.1 the Contractor shall cooperate and coordinate all activities with all parties performing required Work by Others. The Contractor must include and accommodate Work by Others identified in D17.2 or additional parties, in their construction schedule as per D14 and accommodate the necessary area on Site required for the Work by Others to complete the Work.

Critical Stages

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

^

^

^

Substantial Performance

The Contractor shall achieve Substantial Performance within ^ (^) consecutive Working Days of the commencement of the Work as specified in D16.

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

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

The Contractor shall achieve Substantial Performance by ^.

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

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

Total Performance

The Contractor shall achieve Total Performance within ^ (^) consecutive Working Days of the commencement of the Work as specified in D16.

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 ^.

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

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

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

Liquidated Damages

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

The amount specified for liquidated damages in D21.1 is based on a genuine pre-estimate of the City's damages in the event that the Contractor does not achieve Substantial Performance by the day fixed herein for same.

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

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

The amount specified for liquidated damages in D21.1 is based on a genuine pre-estimate of the City's damages in the event that the Contractor does not achieve Total Performance by the day fixed herein for same.

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

If the Contractor fails to achieve critical stages, Substantial Performance 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 ($^);

Substantial Performance - ^ dollars ($^);

Total Performance - ^ dollars ($^).

The amounts specified for liquidated damages in D21.1 are based on a genuine pre-estimate of the City's losses in the event that the Contractor does not achieve critical stages, Substantial Performance 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.

Supply Chain Disruption Schedule Delays

The City acknowledges that the schedule for this Contract may be impacted by Supply Chain Disruption. Commencement and progress of the Work shall be performed by the Contractor with due consideration to the 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 D22.3. Failure to provide this notice will result in no additional time delays being considered by the City.

The Work schedule, including the durations identified in D18 to D20 where applicable, will be adjusted to reflect delays accepted by the Contract Administrator. No additional payment will be made for adjustment of schedules except where seasonal work, not previously identified in the Contract, is carried over to the following construction season.

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

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

Scheduled Maintenance

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

^ as specified in ^;

^ as specified in ^;

^ as specified in ^.

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

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.

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

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

The Workplace Safety and Health Act (Manitoba) – Qualifications

Further to B15.4, the Contractor/Subcontractor must, throughout the term of the Contract, have a Workplace Safety and Health Program meeting the requirements of The Workplace Safety and Health Act (Manitoba). At any time during the term of the Contract, the City may, at their sole discretion and acting reasonably, require updated proof of compliance, as set out in B15.4.

Plant and Materials

Further to C9, 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 C9, 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

Further to C6, 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, 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 C19.7, 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.

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, 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.

Warranty

Warranty

Warranty is as stated in C13.

Notwithstanding C13.2, the warranty period shall begin on the date of Total Performance and shall expire two (2) years thereafter unless extended pursuant to C13.2.1 or C13.2.2, in which case it shall expire when provided for thereunder.

Notwithstanding C13.2 or D35.1, the Contract Administrator may permit the warranty period for a portion or portions of the Work to begin prior to the date of Total Performance if:

a portion of the Work cannot be completed because of unseasonable weather or other conditions reasonably beyond the control of the Contractor but that portion does not prevent the balance of the Work from being put to their intended use.

In such case, the date specified by the Contract Administrator for the warranty period to begin shall be substituted for the date specified in C13.2 for the warranty period to begin.

Notwithstanding C13.2, the warranty period shall begin on the date of Substantial Performance and shall expire one (1) year thereafter unless extended pursuant to C13.2.1 or C13.2.2, in which case it shall expire when provided for thereunder.

Notwithstanding C13.2 or D35.1, the Contract Administrator may permit the warranty period for a portion or portions of the Work to begin prior to the date of Substantial Performance if:

a portion of the Work cannot be completed because of unseasonable weather or other conditions reasonably beyond the control of the Contractor but that portion does not prevent the balance of the Work from being put to its intended use.

In such case, the date specified by the Contract Administrator for the warranty period to begin shall be substituted for the date specified in C13.2 for the warranty period to begin.

^

Notwithstanding C13.2, the Contract Administrator may permit the warranty period for a portion or portions of the Work to begin prior to the date of Total Performance if:

a portion of the Work cannot be completed because of unseasonable weather or other conditions reasonably beyond the control of the Contractor but that portion does not prevent the balance of the Work from being put to its intended use.

In such case, the date specified by the Contract Administrator for the warranty period to begin shall be substituted for the date specified in C13.2 for the warranty period to begin.

^

Notwithstanding C13.2, the warranty period shall begin on the date of Total Performance and shall expire one (1) year thereafter, except where longer warranty periods are specified in the respective Specification sections, unless extended pursuant to C13.2.1 or C13.2.2, in which case it shall expire when provided for thereunder.

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

Notwithstanding C13.2, the Contract Administrator may permit the warranty period for a portion or portions of the Work to begin prior to the date of Total Performance if a portion of the Work cannot be completed because of unseasonable weather or other conditions reasonably beyond the control of the Contractor but that portion does not prevent the balance of the Work from being put to its intended use.

In such case, the date specified by the Contract Administrator for the warranty period to begin shall be substituted for the date specified in C13.2 for the warranty period to begin.

Dispute Resolution

Dispute Resolution

If the Contractor disagrees with any opinion, determination, or decision of the Contract Administrator, the Contractor shall act in accordance with the Contract Administrator’s opinion, determination, or decision unless and until same is modified by the process followed by the parties pursuant to D36.

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 D36.4.3, as extended if applicable, has elapsed, the Contract Administrator will issue a Final Determination as defined in C1.1(v), at which point the parties will be governed by the Dispute Resolution process set out in C21.

Indemnity

Indemnity

Indemnity shall be as stated in C17.

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

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

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

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

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

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

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

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

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

Third Party Agreements

Funding and/or Contribution Agreement Obligations

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

For the purposes of D38:

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

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

Indemnification By Contractor

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

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

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

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

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

in relation to this Contract or the Work.

Records Retention and Audits

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

In addition to the record keeping and inspection obligations outlined in C6 of the General Conditions for Construction, the Contractor shall keep available for inspection and audit at all reasonable times while this Contract is in effect and until at least six (6) years after Total Performance, all records, documents, and contracts referred to in D38.4.1 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 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.

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 D38.6, in the event that the obligations in D38 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 D38:

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

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

Modified Insurance Requirements

If not already required under the insurance requirements identified in D11, the Contractor will be required to provide wrap-up liability insurance in an amount of no less than two million dollars ($2,000,000) inclusive per occurrence. Such policy will be written in the joint names of the City, Contractor, Consultants and all sub-contractors and sub-consultants and include twelve (12) months completed operations. The Government of Manitoba and their Ministers, officers, employees, and agents shall be added as additional insureds.

If not already required under the insurance requirements identified in D11, the Contractor will be required to provide builders’ risk insurance (including boiler and machinery insurance, as applicable) providing all risks coverage at full replacement cost, or such lower level of insurance that the City may identify on a case-by-case basis, such as an installation floater.

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

Further to D11.3, insurers shall provide satisfactory Certificates of Insurance to the Government of Manitoba prior to commencement of Work as written evidence of the insurance required. The Certificates of Insurance must provide for a minimum of thirty (30) days’ prior written notice to the Government of Manitoba in case of insurance cancellation.

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

Indemnification By Contractor

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

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

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

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

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

in relation to this Contract or the Work.

Records Retention and Audits

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

In addition to the record keeping and inspection obligations outlined in C6 of the General Conditions for Construction, the Contractor shall keep available for inspection and audit at all reasonable times while this Contract is in effect and until at least six (6) years after Total Performance, all records, documents, and contracts referred to in D38.11.1 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 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.

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 their 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: Labour and Material Payment Bond (See D12)
KNOW EVERYONE BY THESE PRESENTS THAT _____________________________________________________________________________________ his/its heirs, executors, administrators, successors or assigns (hereinafter called the "Principal"), and ____________________________________________________________________________________ , his/its heirs, executors, administrators, successors or assigns (hereinafter called the "Surety"), are held and firmly bound unto THE CITY OF WINNIPEG (hereinafter called the "Obligee"), for the use and benefit of claimants as hereinbelow defined, in the amount of _____________________________________________________________________________________ ________________________________________________ dollars ($________________________.____) of lawful money of Canada, for the payment whereof we, the Principal and the Surety jointly and severally bind ourselves firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee for 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 promptly make payment to all claimants as hereinafter defined, for all labour, service and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect subject, however, to the following conditions: (a) A claimant is defined as one having a direct contract with the Principal for labour, service and material, or any of them, used or reasonably required for use in the performance of the contract, labour, service and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment (but excluding rent of equipment where the rent pursuant to an agreement is to be applied towards the purchase price thereof) directly applicable to the Contract; (b) The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work, labour or service was done or performed, or materials were furnished by such claimant, may sue on this bond, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon; (c) No suit or action shall be commenced hereunder by any claimant unless claimant shall have given written notice to the Principal and the Surety above-named, within one hundred and twenty (120) days after such claimant did or performed the last of the work, labour or service, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work, labour or service was done or performed. Such notice shall be served by mailing the same by registered mail to the Principal, and Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the Province of Manitoba; after the expiration of one (1) year following the date on which Principal ceased work on said Contract; including work performed under the guarantees provided in the Contract; other than in a court of competent jurisdiction in the Province of Manitoba. (d) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. (e) The Surety shall not be liable for a greater sum than the specified penalty of this bond. The Principal and Surety hereby agree that The Guarantors’ Liability Act (Manitoba) shall apply to this Bond. IN TESTIMONY WHEREOF, the Principal has hereunto set its hand affixed its seal, and the Surety has caused these presents to be sealed and with its corporate seal duly attested by the authorized signature of its signing authority this _______ day of ____________________ , 20____ . SIGNED AND SEALED in the presence of: _______________________________ (Witness as to Principal if no seal) _______________________________________________ (Name of Principal) Per: _________________________________ (Seal) Per: _________________________________ _______________________________________________ (Name of Surety) By: _________________________________ (Seal) (AttorneyinFact)
Form H3: Irrevocable Standby Letter of Credit (CONTRACT SECURITY) (See 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 J: Subcontractor List (See D13) Click or tap here to enter text.
Name Address ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

SPECIFICATIONS

General

Applicable Specifications and Drawings

These Specifications shall apply to the Work.

The City of Winnipeg Standard Construction Specifications in its entirety, whether or not specifically listed on Form B: Prices, shall apply to the Work.

The City of Winnipeg Standard Construction Specifications is available on the Information Connection page at The City of Winnipeg, Corporate Finance, Purchasing Division website at http://www.winnipeg.ca/matmgt/Spec/Default.stm

The version in effect three (3) Business Days before the Submission Deadline shall apply.

Further to C2.4(d), Specifications included in the Request for Proposal shall govern over The City of Winnipeg Standard Construction Specifications.

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

The following are applicable to the Work:

Specification No.	Specification Title
Table of Contents

Drawing No.	Drawing Name/Title
Cover Sheet

Soils Investigation Report

Further to C3.1,

Hazardous Materials

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

Existing Services and Utilities

No responsibility will be assumed by the City for correctness or completeness of the Drawings, when provided, with respect to the existing utilities, pipes or other objects either underground or on the surface; the City shall not be liable for the incorrectness and inadequacy thereof. It shall be the responsibility of the Contractor to determine the location of all such utilities, pipes and other objects and to make good any damage done to them.

Access To Site

Access to the Site as required by the Contractor shall be provided and maintained by the Contractor at their own expense and approved by the Contract Administrator.

The Contractor’s operations shall be limited to the minimum area necessary for undertaking the Work and they shall be responsible for all damage resulting from their Work on private property.

Permits, Notices, Licenses, Certificates, Laws and Rules

Further to C6.13, the Contractor shall give all necessary notices, obtain all necessary permits and pay all fees in order that the Work may be carried out. The Contractor shall submit all plans required by any inspection authority and obtain approval of same before proceeding with the Work, and pay any cost attached to the inspection of such plans.

The Contractor shall comply with all laws, ordinances, rules and regulations that would relate to the Work.

All notices, consents, approvals, statements, authorizations, documents or other communications to the City shall be submitted to the Contract Administrator.

All Work shall be performed in compliance with the Manitoba Workplace Health and Safety Act.

All Work shall be performed in compliance with the Manitoba Workplace Health and Safety Fall Protection guidelines.

The Contractor and Sub-contractors must be fully aware of all Work involving hazardous materials. All Work must be performed in compliance with the Manitoba Department of Labour Workplace Health and Safety Guidelines and all other applicable codes. The Contractor is responsible for the immediate notification to the Contract Administrator of their encountering of suspected hazardous material during their course of Work.

Damage to Existing Structures, Trees and Property

All necessary precautions shall be exercised by the Contractor so as not to remove, disturb, or damage any existing trees, shrubs, sod, pavements, streets, roads, boulevards, poles, hydrants, water pipes, gas pipes, electrical wires, cables, conduits, sewers or other existing facilities and equipment at the Site of the Work. For all damage incurred in the performance of the Work (either directly or indirectly), the Contractor shall either replace and repair such damage, whichever may be deemed necessary in the opinion of, and acceptable to City of Winnipeg Contract Administrator, and the cost of which shall be borne entirely by the Contractor. The Contractor shall also indemnify and save harmless the City from all claims made directly or indirectly against it in respect to any such damage.

The Contractor shall take the following precautionary steps to prevent damage from construction activities to existing park trees within the limits of the construction area:

The Contractor shall not stockpile materials and soil or park vehicles and equipment within 2 metres of trees.

Trees identified to be at risk by the Contract Administrator are to be strapped with 25x100x2400 wood planks, or suitable protection as approved by the Contract Administrator.

Excavation shall be performed in a manner that minimizes damage to the existing root systems. Where possible, excavation shall be carried out such that the edge of the excavation shall be a minimum of 1.5 times the diameter (measured in inches), with the outcome read in feet, from the closest edge of the trunk. Where roots must be cut to facilitate excavation, they shall be pruned neatly at the face of excavation.

Operation of equipment within the drip line of the trees shall be kept to a minimum required to perform the Work required. Equipment shall not be parked, repaired, refuelled; construction materials shall not be stored, and earth materials shall not be stockpiled within the drip lines of trees. The drip line of a tree shall be considered to be the ground surface directly beneath the tips of its outermost branches. The Contractor shall ensure that the operations do not cause flooding or sediment deposition on areas where trees are located.

All damage to existing trees caused by the Contractor’s activities shall be repaired to the requirements and satisfaction of the Contract Administrator and the City Forester or their designate.

No separate measurement or payment will be made for the protection of trees.

Pedestrian Safety And Traffic Management

Further to CW 1130, the Contractor shall take such measures as are necessary to ensure safe and convenient pedestrian ingress and egress is maintained to private properties while they are working near them. Any damage caused by the negligence of the Contractor or their Sub- Contractors to the adjacent Works or properties, shall be promptly repaired by him at their own expense, to the satisfaction of the Contract Administrator.

Ambulance/ Emergency vehicle access must be maintained at all times.

Protection of the Survey Infrastructure

Notwithstanding clause 4 “Persons and municipalities to protect Outline Monuments”; under The Surveys Act, of Manitoba, the Contractor shall be responsible to protect the Survey Infrastructure from damage as a result of the Work.

Further to C6.26 (g), at least 72 hours prior to the commencement of the On-Site Work the Contractor shall contact the City of Winnipeg, Geomatics Services Branch at 204-918-1360 (8:00 am to 4:00 pm Monday to Friday, excluding holidays) to obtain underground clearance. Geomatics Services will locate and mark all known outline survey monuments and geodetic control monuments and confirm the physical condition of those monuments upon completion of construction, at no cost to the Contractor.

Where a survey post, bar or control monument lies in the line of the proposed Work and must be disturbed, the Contractor shall provide the Contract Administrator with 48 hours’ notice to permit referencing for future replacement, at no cost to the Contractor. Failure to provide the specified notice shall result in the Contractor paying for all costs associated with replacing or relocating the disturbed outline survey monuments and geodetic control monuments. Survey monuments and geodetic control monuments at or adjacent to the Site, not in the line of the proposed construction that are damaged or disturbed by the Contractor shall be replaced or relocated by the City or their agent and all associated costs shall be paid for by the Contractor.

An approximate estimate of the cost to restore a legal survey monument is $1,000 per bar and $3,000 per control monument. Contractors shall ensure their landscaping and other subcontractors are aware of this clearance procedure and the potential restoration costs. Where possible, amounts owed to the City in accordance with the above will be deducted from payments to be made by the City to the Contractor.

Site Enclosures

Temporary Site enclosures, as determined necessary at the pre-construction meeting, shall be erected and maintained as required for the duration of the construction period.

Site enclosures shall be considered incidental to the Contract Work.

Site Development

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Play Equipment

Play Equipment

This specification shall cover the supply and installation of the Play Equipment as listed below and specified herein.

The Contractor shall furnish all labour, materials, equipment and services necessary to complete the Work in in accordance with E1.1 Applicable Specifications and Drawings

Further to Cw 1110 Shop drawing shall be submitted to the Contract Administrator for all the play equipment specified herein.

Play Equipment shall be:

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Contact for Play Equipment

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^

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Colours for Play Equipment shall be determined by the Contract Administrator.

General Description

This Specification shall cover the supply and installation of play equipment in accordance with applicable Specification sections, the Drawings, and in compliance with the current CAN/CSA Z1614.

If Contractor states play equipment components are compliant with CSA Standards and they are found to be not compliant, liquidated damages may incur until equipment is deemed acceptable by the Contract Administrator and City of Winnipeg Parks Department.

The Work to be completed by the Contractor under this Specification shall include the supply of all materials, and the furnishings of all superintendence, overhead, labour, equipment, tools, and all other things necessary for and incidental to the satisfactory completion of all the Work shown on the Drawings and specified herein.

General Instructions

Shop Drawings and Product Data

Shop Drawings to be submitted for all play equipment proposed and specified herein in accordance with CW 1110, this Specification, and as directed by the Contract Administrator.

Play Area and Equipment

Compliance:

Play equipment shall be installed in the play areas as shown on the Drawings.

City of Winnipeg Accessibility Design Standard (current edition):

Play area and equipment shall comply with the current edition of the City of Winnipeg Accessibility Design Standard.

CAN/CSA Z1614 (current version):

Play area, equipment, and equipment safety zones to fit within the proposed area and shall comply with the current version of CAN/CSA Z1614.

Age Range

Play equipment designed for children in age range depicted on the Drawings.

Play equipment shall provide the following play activities:

Sensory & Imaginative Play;

Climbing;

Balancing;

Motion; and

Sliding.

Transfer Station

If a play structure is proposed is shall include a minimum of one (1) transfer station for access of adult caregiver or reduced mobility access.

Colour

If colour is a feature of posts, top caps and panels, the Contract Administrator shall have the ability to modify specified colours if price bid is not subject to the colours, from the proposed design after Contract Award.

City of Winnipeg Park Sign on play panel

If City of Winnipeg Park Sign on a play panel is specified as a requirement on the Drawings:

Sign panel size: approximately 1000 mm (40”) tall x 760 mm (30”) wide, height as specified on Drawings.

Mounting: two posts.

Location: Independent from play structure & approved by Contract Administrator prior to construction.

Language: English or Bilingual (English and French).

Proof: to be approved by Contract Administrator prior to fabrication.

Colours: high contrast as per the current edition of the City of Winnipeg Accessibility Design Standard.

Electronic file of 311 City Services logo to be provided by Contract Administrator

Unacceptable play components are as follows:

Wooden structures;

Tube (enclosed) slides and enclosed crawl tubes;

Play panels with many small moving parts and/or glass marbles;

Talk Tubes;

Barrel rollers;

Dish swings;

Bubble windows;

Large number of plastic components;

Climbing net structures with unsegmented rope; and

Battery operated play equipment or components.

Components which are generally not accepted and require Contract Administrator approval are as follows:

Cable riders;

Sand diggers,

Merry-go-rounds; and

Tire Swings.

Play structures

Materials

Posts / Caps

All posts shall be a minimum 127 mm (5”) O.D. round or 100 mm (4”) square tubing for a post and deck structure.

89 mm (3.5“) O.D. round or 73 mm (3”) square tubing will be permitted in circumstances where a multi-deck structure has decks of varied heights which are all under 1220 mm (4’-0”), or for structures with 2 decks or less.

All posts shall be fabricated from either aluminum 3 mm (0.125") 11 ga min. wall thickness or galvanized steel 3 mm (0.120") 11 ga min. wall thickness tubing. All fabrication cuts, drill holes and weld joints shall be sprayed with a corrosion resistant coating. The bottom end of the posts is to be sealed with a moisture barrier.

In the case of a deckless structure, a minimum size of 60 mm (2 3/8") O.D. round posts fabricated out of steel or aluminum is acceptable.

Top caps shall be made of steel construction and shall be factory installed and secured in place with tamper proof, selfsealing rivets. Plastic top caps will be accepted if made of solid construction (hollow caps not accepted).

If painted colour is a feature of posts and top caps, it shall be a baked-on polyester powder coating. The powder coating finish shall meet or exceed ASTM standards for hardness, adhesion, impact and salt spray resistance.

Decks and ramps

All decks and ramps shall be manufactured from vinylcoated perforated steel or a steel core composite. Deck heights may vary to a maximum height of 1830 mm (6’-0”).

Must provide a secure connection to wall and pathway at beginning of elevated accessible entry ramp. See Drawings for reference.

All ramps with slope 5%or greater shall provide a handrail as per the current City of Winnipeg Accessibility Design Standard: Section 1.1.5.

https://winnipeg.ca/finance/findata/matmgt/documents//2018/388-2018//388-2018_Appendix_A.pdf

Clamping System

All deck, rail and play component clamping systems shall be fabricated from zinc plated, galvanized steel, stainless steel or aluminum. Tamper proof, corrosion resistant fasteners shall be used to retain clamping systems.

Handrails, Safety Rails and Handloops (if applicable)

All handrails, safety rails and handloops shall be fabricated using a minimum of 24 mm (15/16") O.D. with 3 mm (0.120") 11 ga min. wall thickness steel tubing. After all fabrication activities have occurred including end cuts, drill holes, bends and weld joints, all components shall be hot dipped galvanized.

Smooth all cut edges and weld joints prior to hot dip galvanizing and ensure that all tubing is free from burrs, cracks, defects and other imperfections.

A section of handrail must be installed that extends from the edge of the elevated ramp entry at the top of the retaining wall to the first play structure post as per the drawings.

Hardware

All fasteners shall be socketed and tamper proof in design and requiring special tools.

Hardware shall either be carbon steel plated with zinc/nickel and iridescent chromate finish or stainless steel.

All necessary hardware and tools shall be provided.

Poly Components

Poly components such as slides and hoods shall be fabricated from U.V. stabilized rotationally moulded linear low-density polyethylene.

Poly components such as play panels shall be fabricated from compression moulded solid colour, U.V. stabilized, high-density polyethylene.

Slides (if applicable)

A minimum of one stainless steel slide is required, north or east orientation is preferred.

Kick plates and hand loops

Each play structure shall have kick plates and hand loops as required to meet the current version of the Canadian Standards Association (CSA) Standards.

Climbing Net Structures

Climbing Net Structures must be comprised of separate rope segments versus long stretches of rope clamped with connectors, for ease of maintenance.

Cast-In-Place (CIP) Concrete Foundations

CIP Concrete Foundations shall be as per E14.

Construction Methods

Play equipment shall be installed as per Manufacturer’s written specifications, in accordance with the most recent version of Canadian Standards Association Standards, and as per the Drawings.

All posts and other vertical items shall be plumb and true to vertical, if so designed.

All decks shall be level, if so designed.

Functionally linked items such as stepping pods, logs, balance beams, etc should be placed at minimum 150mm to a maximum of 300mm for Children less than 5 years of age and between 300mm to a maximum of 450mm for children 5- 12 years old.

CIP Concrete Foundations construction shall be per E14.

One play equipment installer (minimum) must be a valid certified Canadian Certified Playground Inspector and on site for the duration of assembly and installation of play equipment.

Independent Component Play Equipment

Materials

All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all parts and materials.

There shall be a minimum (or no) amount of hollow plastic components. Solid plastic is acceptable.

There shall be a minimum number of solid elements which limit visibility through the Site.

Decks and ramps

All decks and ramps shall be manufactured from vinylcoated perforated steel or a steel core composite. Deck heights may vary to a maximum height of 1830 mm (6’-0”).

Must provide a secure connection to wall and pathway at beginning of elevated accessible entry ramp. See Drawings for reference.

All ramps with slope 5%or greater shall provide a handrail as per the current City of Winnipeg Accessibility Design Standard: Section 1.1.5.

https://winnipeg.ca/finance/findata/matmgt/documents//2018/388-2018//388-2018_Appendix_A.pdf

Hardware

All fasteners shall be socketed and tamper proof in design and requiring special tools.

Hardware shall either be carbon steel plated with zinc/nickel and iridescent chromate finish or stainless steel.

All necessary hardware and tools shall be provided.

Finishes

Finishes shall meet or exceed ASTM standards for hardness, adhesion, impact and salt spray resistance. All fabrication cuts, drill holes and weld joints shall be sprayed with a corrosion resistant coating.

Slides

If an independent slide is proposed, stainless steel is preferred. If other slides are proposed on the Site one may be plastic. North or east orientation preferred. If independent slide over 1220 mm (4’-0”) high is proposed, support posts shall be minimum 127 mm (5”) O.D.

Tube (enclosed) slides and plastic spiral slides will not be accepted.

CIP Concrete Foundations

Shall be as per E14.

Construction Methods

Independent component play equipment shall be installed as per Manufacturer’s written specifications, in accordance with the most recent version of Canadian Standards Association Standards, and as per the Drawings.

All posts and other vertical items shall be plumb and true to vertical, if so designed.

All decks shall be level, if so designed.

Independent items that are functionally linked such as stepping pods, logs, balance beams, etc should be placed at minimum 150mm to a maximum of 300mm for Children less than 5 years of age and between 300mm to a maximum of 450mm for children 5- 12 yrs old.

CIP Concrete Foundation construction shall be per E14.

One independent component play equipment installer (minimum) must be a valid certified Canadian Certified Playground Inspector and on site for the duration of assembly and installation of independent components play equipment.

Method of Measurement and Basis of Payment

Method of Measurement shall be as follows:

Play Equipment shall be measured on a lump sum basis for:

“Supply and Install 5-12 play equipment” or;

“Supply and Install 2-5 play equipment” or;

“Supply and Install 2-12 play equipment” on Form B: Prices.

No separate measurement will be made for CIP Concrete Foundations as this item is incidental to the Work herein.

Basis of Payment shall be as follows:

Play Equipment will be paid for at the Contract Unit Prices. The amount to be paid for shall be the total number of units, as indicated on Form B: Prices. This price shall be full payment for supplying all labour, equipment and materials, and performing all operations herein described and all other items incidental to the Work and as accepted by the Contract Administrator.

No additional payment will be made for CIP Concrete Foundations as this item is incidental to the Work herein.

Swing Set

General Description

This Specification shall cover the supply and installation of Swings Sets in accordance with applicable specification sections, the Drawings, and in compliance with the current CAN/CSA Z1614

This specification shall cover the supply and installation of a minimum ^ (^) complete swing standard as specified herein:

Three Leg Heavy Duty Swing Frame, ^ m (^ ft.) high, ^ -Bay, complete with ^ (^ ) slashproof rubber, enclosed infant seats, and ^ (^ ) slashproof rubber belt seat, heavyduty chain, swing hangers and hammer locks/bolt links.

Two leg heavy duty arch swing frame, ^ m (^ ft.) high, ^ -Bay, complete with ^ (^ ) slash-proof rubber, enclosed infant seats, and ^ (^ ) slashproof rubber belt seat, heavyduty chain, swing hangers and hammer locks/bolt links.

All swings to be anti-wrap swings.

The Work to be completed by the Contractor under this Specification shall include the supply of all materials, and the furnishings of all superintendence, overhead, labour, equipment, tools, and all other things necessary for and incidental to the satisfactory completion of all the Work shown on the Drawings and specified herein.

General Instructions

Colour

If colour is a feature, the Contract Administrator shall have the ability to modify specified colours if price bid is not subject to the colours from the proposed design, after Contract Award

Unacceptable swings sets are as follows:

Dish swings.

Swing sets which are generally not accepted and require Contract Administrator approval are as follows:

Tire Swings.

Materials

Topbeam

All topbeams shall be fabricated from min. 89mm (3 1/2") O.D. 8 gauge, RS40 galvanized steel pipe with anti-wrap hangers. All fabrication cuts, drill holes and weld joints shall be sprayed with a corrosion resistant coating.

Legs

Three Leg Heavy Duty Swing Frame

All legs shall be fabricated from 60mm (2 3/8") O.D. 10 gauge, RS40 galvanized steel pipe. All fabrication cuts, drill holes and weld joints shall be sprayed with a corrosion resistant coating. The bottom end of the posts is to be sealed with a moisture barrier.

Two leg heavy duty arch swing frame

All legs shall be fabricated from min 127mm (5") O.D. one piece welded construction of HPRO EW steel tubing finished with cadmium yellow chromate plating. All fabrication cuts, drill holes and weld joints shall be sprayed with a corrosion resistant coating. The bottom end of the posts is to be sealed with a moisture barrier.

Yoke Clamps

All yoke clamps shall be either one piece construction and fabricated from 8 gauge, RS40 galvanized steel pipe or two piece, compression clamping cast aluminium or galvanized metal complete with tamper-proof hardware.

Swing Hangers

All swing hangers shall be fabricated from galvanized malleable iron and have oil impregnated bearings pressed in.

Swing Chain

All swing chain shall be 4/0 straight link, galvanized steel.

Enclosed Infant (Bucket) Seats

All enclosed infant seats shall be moulded of U.V. stabilized, high quality, rubber with a tempered stainless steel reinforcement plate insert moulded inside, rendering the seats slashproof. Infant seats shall be fully enclosed to prevent slipping out and provide extra lower back support.

Belt Seats

All belt seats shall be moulded of U.V. stabilized, high quality, rubber with a tempered stainless steel reinforcement plate insert moulded inside, rendering the seats slashproof. The perimeter shall be moulded to form a blunt, impact absorbing edge.

Hardware

All fasteners shall be socketed and tamper proof in design and requiring special tools.

Hardware shall either be carbon steel plated with zinc/nickel and iridescent chromate finish or stainless steel.

All necessary hardware and tools shall be provided.

Threadlock shall be used for Contractor assembled swing components.

Product: Loctite Red High Strength requiring heat for removal

Manufacturer: Henkel

Website: https://www.henkel-adhesives.com

Or approved substitute.

Cast-in-Place Concrete Foundations

Post shall be installed into a concrete footing the composition per E14.

Installation

Swing sets shall be installed as per manufacturer’s written specifications, in accordance with the most recent version of Canadian Standards Association Standards, and within the designated play equipment area as per the Drawings

Contractor shall use threadlock, per E13.3.9, on all hardware for swing components assembled on site, as per Manufacturer’s written specifications and instructions.

Swing Set posts shall be anchored in CIP concrete foundations per

Top rail is to be level.

Swing seats shall not be installed until the protective surfacing has been installed

One swing set installer (minimum) must a valid certified Canadian Certified Playground Inspector and on site for the duration of assembly and installation of swing sets.

Method of Measurement and Basis of Payment

Method of Measurement shall be as follows:

Swing Standard will be measured on a per unit basis for:

“Supply and Install ^” on Form B: Prices.

No separate measurement will be made for Foundations as this item is incidental to the Work herein.

Basis of Payment shall be as follows:

Swing Standard will be paid for at the Contract Unit Prices. The amount to be paid for shall be the total number of units, as indicated on Form B: Prices. This price shall be full payment for supplying all labour, equipment and materials, and performing all operations herein described and all other items incidental to the Work and as accepted by the Contract Administrator.

No additional payment will be made for CIP Concrete Foundations as this item is incidental to the Work herein.

Cast-In-Place Concrete Foundations

General Description

This Specification shall supplement CW 2160 and cover the supply and installation of cast-in-place concrete foundations for Site Furnishings, Play Equipment, and Swing Sets.

All underground cast-in-place concrete foundations for Site Furnishings, Play Equipment, and Swing Set posts, bases and anchors are to be set in concrete footings or piles per CW 2160 to ensure stability and prevent frost heaving.

The Work to be completed by the Contractor under this Specification shall include the supply of all materials, and the furnishings of all superintendence, overhead, labour, equipment, tools, and all other things necessary for and incidental to the satisfactory completion of all the Work shown on the Drawings and specified herein.

General Instructions

Quality Control

Testing and Approval of Materials

Material testing may be required as per this Specification and as directed by the Contract Administrator.

Materials

All materials as per CW 2160.

Concrete

Maximum Size of aggregate: 20 mm, nominal;

Compression Strength: 28 day compressive strength of 30 Mpa;

Slump/Flow: 80 +/- 20mm;

Sulphate resistant, Type 50 Cement; and

Maximum water/cement ratio: 0.49.

Air Content: 4-7%

Construction Methods

Construction Methods as per CW 2160.

If concrete testing is required, do not place concrete until material testing is performed and reviewed by Contract Administrator.

All concrete foundations for site furnishings as per the Drawings.

Playground Equipment Footing

Holes for concrete footing for play equipment and swings must be inspected and approved by the Contract Administrator prior to installation of concrete. Contractor to provide min. two (2) business days’ notice for inspection.

All concrete footings for play equipment and swing sets shall be in accordance with Manufacturer’s specifications.

All posts and supports shall be centred in the concrete footing such that there is a complete collar of concrete around each post and support. Where posts are not perfectly centred there should be a minimum of 50mm (2”) concrete at any point around the post.

The full depth of the Manufacturer’s specified footing must be below subgrade. If required for specified embedment of post in the footing, footing shall extend in sonotube through the granular drainage layer. Footing must not extend into the wood fibre safety surface.

Cold Weather Concreting

Cold weather concreting shall be as per Section 3.9 of CW 2160 and CSA A23.1.

All material and equipment needed for adequate protection and curing shall be on hand and ready to use before concrete placement is started.

Before concrete is placed all ice, snow, and frost shall be removed from formwork and all surfaces against which concrete will be placed.

Temperatures of adjacent surfaces shall be raised to and maintained at 5° C minimum, prior to and during concreting.

Calcium chloride or other de-icing salts shall not be used as a de-icing agent in the forms.

Heating equipment and enclosures shall be per CW 2160 and CSA A23.1.

Method of Measurement and Basis of Payment

Method of Measurement shall be as follows:

No separate measurement for Cast-in-Place Concrete Foundations shall be made for Site Furnishings or Swing Sets, as Foundations are incidental to the Works therein.

Basis of Payment shall be as follows:

No additional payment for Cast-in-Place Concrete Foundations shall be made for Site Furnishings or Swing Sets, as Foundations are incidental to the Works therein.

Maintenance Kits

General Description

This specification shall cover the supply of maintenance kits for Play Equipment.

The Work to be completed by the Contractor under this Specification shall include the supply of all materials, and the furnishings of all superintendence, overhead, labour, equipment, tools, and all other things necessary for and incidental to the satisfactory completion of all the Work shown on the Drawings and specified herein.

Materials

All play equipment and swings shall include the supply of maintenance kits.

Maintenance kits shall include maintenance manuals, complete manufacturer's parts lists, touchup paint, PVC repair paint, 10% extra of each bolt, washer and any other hardware utilized on the play equipment, and all special tools necessary for assembly and maintenance.

Delivery of maintenance kits

Maintenance kits shall be delivered two (2) working days prior to achieving Total Performance.

Deliver to:

Attn: Marc Laurin and/or Derrick Downey

Parks and Open Space Division, Public Works

960 Thomas Avenue, Winnipeg, MB

Ph: Marc Laurin: 204-479-5489

Ph: Derrick Downey: 204-391-2860

Contractor to forward Contract Administrator a copy of the Transmittal prior to achieving Total Performance.

Method of Measurement and Basis of Payment

Method of Measurement shall be as follows:

No separate measurement for maintenance kits or delivery shall be made for Play Equipment or Swing Sets as maintenance kits is incidental to the Works herein.

Basis of Payment shall be as follows:

No additional payment for maintenance kits or delivery shall be made for Swing Sets as maintenance kits is incidental to the Works herein