THE CITY OF WINNIPEG

TENDER

Tender NO. Click or tap here to enter text.

Click or tap here to enter text.

TABLE OF CONTENTS

PART A - BID SUBMISSION

Form A: Bid/Proposal

Form B: Prices

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.	Bid Components	1

B9.	Bid	1

B10.	Prices	1

B11.	Disclosure	1

B12.	Conflict of Interest and Good Faith	1

B13.	Qualification	1

B14.	Opening of Bids and Release of Information	1

B15.	Irrevocable Bid	1

B16.	Withdrawal of Bids	1

B17.	Evaluation of Bids	1

B18.	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

Schedule of Work

D13.	Commencement	1

D14.	Total Performance	1

D15.	Liquidated Damages	1

D16.	Supply Chain Disruption Schedule Delays	1

Control of Work

D17.	Laws and Regulations	1

D18.	Land Title Search	1

D19.	Prime Contractor – The Workplace Safety and Health Act (Manitoba)	1

D20.	The Workplace Safety and Health Act (Manitoba) – Qualifications	1

Measurement and Payment

D21.	Invoices	1

D22.	Payment	1

D23.	Payment Schedule	1

Dispute Resolution

D24.	Dispute Resolution	1

Indemnity

D25.	Indemnity	1

Form H1: Performance Bond	1

Form H2: Labour and Material Payment Bond	1

Form H3: Irrevocable Standby Letter of Credit	1

PART E - Specifications

General

E1.	Applicable Specifications and Drawings	1

E2.	Utilities	1

E3.	Protective Barricades	1

E4.	Demolition	1

E5.	Salvaged Materials	1

E6.	Recycling of Concrete	1

E7.	Hazardous Materials	1

E8.	Verification of Weights	1

E9.	Truck Weight Limits	1

Bidding Procedures

Contract Title

Click or tap here to enter text.

Submission Deadline

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

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

Site Investigation

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

The Bidder is advised that ^

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

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

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

The Bidder is advised that ^

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

Enquiries

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

If the Bidder finds errors, discrepancies or omissions in the Tender, or is unsure of the meaning or intent of any provision therein, the Bidder shall notify the Contract Administrator of the error, discrepancy or omission, or request a clarification as to the meaning or intent of the provision at least five (5) Business Days prior to the Submission Deadline.

Responses to enquiries which, in the sole judgment of the Contract Administrator, require a correction to or a clarification of the Tender will be provided by the Contract Administrator to all Bidders by issuing an addendum.

Responses to enquiries which, in the sole judgment of the Contract Administrator, do not require a correction to or a clarification of the Tender will be provided by the Contract Administrator only to the Bidder who made the enquiry.

The Bidder shall not be entitled to rely on any response or interpretation received pursuant to B4 unless that response or interpretation is provided by the Contract Administrator in writing.

Any enquiries concerning submitting through MERX should be addressed to:

MERX Customer Support

Phone: 1-800-964-6379

Email: merx@merx.com

Confidentiality

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

was known to the Bidder before receipt hereof; or

becomes publicly known other than through the Bidder; or

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

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

Addenda

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

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

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

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

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

Notwithstanding 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 Tender.

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

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

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

provide sufficient information and details to enable the Contract Administrator to determine the acceptability of the 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 Bidder who requested approval of the substitute.

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

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

If the Contract Administrator approves a substitute as an “approved alternative”, any Bidder bidding that approved alternative may base their Total Bid Price upon the specified item but may also indicate an alternative price based upon the approved alternative. Such alternatives will be evaluated in accordance with B17.

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.

Bid Components

The Bid shall consist of the following components:

Form A: Bid/Proposal;

Form B: Prices.

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

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

Bids will only be accepted electronically through MERX.

Bidders are advised that inclusion of terms and conditions inconsistent with the Tender document, including the General Conditions, will be evaluated in accordance with B17.1(a).

Bid

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

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

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

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

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

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

If a Bid is submitted jointly by two or more persons, each and all such persons shall identify themselves in accordance with B9.2.

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

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

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

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

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

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

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

All signatures shall be original.

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

Prices

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

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

The Bidder shall enter the Total Bid Price from Form B: Prices into the Total Bid Price field in MERX.

Bidders are advised that the calculation indicated in B17.5 will prevail over the Total Bid Price entered in MERX.

The Bidder shall enter the lump sum price in Canadian funds for the Work in the Total Bid Price field in MERX.

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

Disclosure

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

The Persons are:

^

^

Additional Material:

^

^

Conflict of Interest and Good Faith

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

Conflict of Interest means any situation or circumstance where a Bidder or employee of the Bidder proposed for the Work has:

other commitments;

relationships;

financial interests; or

involvement in ongoing litigation;

that could or would be seen to:

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

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

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

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

In connection with their Bid, each entity identified in B12.2 shall:

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

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

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

Without limiting B12.3, the City may, in their sole discretion, waive any and all perceived, potential or actual Conflicts of Interest. The City’s waiver may be based upon such terms and conditions as the City, in their sole discretion, requires to satisfy itself that the Conflict of Interest has been appropriately avoided or mitigated, including requiring the Bidder to put into place such policies, procedures, measures and other safeguards as may be required by and be acceptable to the City, in their sole discretion, to avoid or mitigate the impact of such Conflict of Interest.

Without limiting B12.3, and in addition to all contractual or other rights or rights at law or in equity or legislation that may be available to the City, the City may, in their sole discretion:

disqualify a Bidder that fails to disclose a perceived, potential or actual Conflict of Interest of the Bidder or any of their employees proposed for the Work;

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

disqualify a Bidder or employees proposed for the Work that fails to comply with any requirements prescribed by the City pursuant to B12.4 to avoid or mitigate a Conflict of Interest; and

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

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

Qualification

The Bidder shall:

undertake to be in good standing under The Corporations Act (Manitoba), or properly registered under The Business Names Registration Act (Manitoba), or otherwise properly registered, licensed or permitted by law to carry on business in Manitoba; and

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

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

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

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

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

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

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

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

have completed the Accessible Customer Service online training required by the Accessibility for Manitobans Act (AMA) (see B13.5 and D7).

^

Further to B13.3(c), the Bidder shall, within five (5) Business Days of a request by the Contract Administrator, provide proof satisfactory to the Contract Administrator that the Bidder/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™) or

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 B13.3(d), the Bidder acknowledges they and all Subcontractors have obtained training required by the Accessibility for Manitobans Act (AMA) available at Accessibility Training for anyone that may have any interaction with the public on behalf of the City of Winnipeg.

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

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

Opening of Bids and Release of Information

Bids will not be opened publicly.

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

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

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

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

Irrevocable Bid

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

The acceptance by the City of any Bid shall not release the Bids of the next two lowest evaluated responsive Bidders and these Bidders shall be bound by their Bids on such Work for the time period specified in Paragraph 11 of Form A: Bid/Proposal.

Withdrawal of Bids

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

Evaluation of Bids

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

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

qualifications of the Bidder and the Subcontractors, if any, pursuant to B13 (pass/fail);

Total Bid Price;

economic analysis of any approved alternative pursuant to B7.

Further to B17.1(a), the Award Authority may reject a Bid as being non-responsive if the Bid is incomplete, obscure or conditional, or contains additions, deletions, alterations or other irregularities. The Award Authority may reject all or any part of any Bid, or waive technical requirements or minor informalities or irregularities, if the interests of the City so require.

Further to B17.1(b), the Award Authority shall reject any Bid submitted by a Bidder who does not demonstrate, in their Bid or in other information required to be submitted, that they are qualified.

Further to B17.1(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 B17.1(a), in the event that a unit price is not provided on Form B: Prices, the City may determine the unit price by dividing the Amount (extended price) by the approximate quantity, for the purposes of evaluation and payment.

Bidders are advised that the calculation indicated in B17.4 will prevail over the Total Bid Price entered in MERX.

Further to B17.1(c), the Total Bid Price shall be the lump sum price entered into MERX.

Award of Contract

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

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

Without limiting the generality of B18.2, the City will have no obligation to award a Contract where:

the prices exceed the available City funds for the Work;

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

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

only one Bid is received; or

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

The Work of this Contract is contingent upon Council approval of sufficient funding in the ^ Capital Budget. If the Capital Budget approved by Council does not include sufficient funding for the Work, the City will have no obligation to award a Contract.

Where an award of Contract is made by the City, the award shall be made to the qualified Bidder submitting the lowest evaluated responsive Bid, in accordance with B17.

Further to Paragraph 7 of Form A: Bid/Proposal and C4, the City may issue a purchase order to the successful Bidder in lieu of the execution of a Contract.

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

Further to Paragraph 7 of Form A: Bid/Proposal and C4, the City may issue an award letter to the successful Bidder.

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

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

General Conditions

General Conditions

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

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

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

Supplemental Conditions

General

General Conditions

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

Scope of Work

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

Further to C6, the City has arranged to have the gas and hydro connections disconnected and meters removed by others.

Site Investigation Due Diligence and Risk

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

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

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

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

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

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

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

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

Definitions

When used in this Tender:

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

”^” means ^;

”^” means ^;

”^” means ^.

Notwithstanding C1.1, when used in this Tender:

”^” means ^;

”^” means ^;

”^” means ^;

”^” means ^.

Contract Administrator

The Contract Administrator is ^, represented by:

^

^

Telephone No.	204 ^

Email Address	^

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

Bids Submissions must be submitted to the address in B8.

The Contract Administrator is:

^

^

Telephone No.	204 ^

Email Address	^

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

Bids Submissions must be submitted to the address in B8.

Contractor's Supervisor

At the pre-construction meeting, the Contractor shall identify their designated supervisor and any additional personnel representing the Contractor and their respective roles and responsibilities for the Work.

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 Documents, if applicable.

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 B13.4 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, with a cross-liability clause, such liability policy to also contain contractual liability, unlicensed motor vehicle liability, non-owned automobile liability and products and completed operations, to remain in place at all times during the performance of the Work and throughout the warranty period;

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 cover 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, in a form satisfactory to the City Solicitor, at least two (2) Business Days prior to the commencement of any Work but in no event later than seven (7) Calendar Days from notification of the award of Contract by Purchase Order.

The certificate of insurance for the commercial general liability insurance must clearly state "operations to include demolition work".

The Contractor shall not cancel, materially alter, or cause each 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.

Schedule of Work

Commencement

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

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

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 C6.15;

the Safe Work Plan specified inD10;

evidence of the insurance specified in D11;

the contract security specified in D12; and

the direct deposit application form specified in D22

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 has obtained all necessary permits, except for the Demolition Permit;

the Contract Administrator has researched the Title of the property pursuant to D18.1.

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

The Contractor shall not commence the building or structure demolition Work until authorized by the Contract Administrator. The key to the premises and said authorization to commence building or structure demolition work shall not be given to the Contractor until:

after the Contractor has removed and capped the sewer and water service lines as described in E2.2 and has the appropriate approval from the City of Winnipeg, Water and Waste Department for having done same; and

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

The Contractor shall notify the Contract Administrator at least one (1) Business Day before commencement of the Work.

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

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

Total Performance

The Contractor shall achieve Total Performance within ^ (^) consecutive Working Days of the commencement of the Work as specified in D13.

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 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 D15.1 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.

Supply Chain Disruption Schedule Delays

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

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

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

For any delay related to Supply Chain Disruption and identified after Work has commenced, the Contractor shall within seven (7) Calendar Days of becoming aware of the anticipated delay declare the additional delay and shall provide sufficient evidence as indicated in D16.3. 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 D14 where applicable, will be adjusted to reflect delays accepted by the Contract Administrator. No additional payment will be made for adjustment of schedules except where seasonal work, not previously identified in the Contract, is carried over to the following construction season.

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

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

Control of Work

Laws and Regulations

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

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

Provincial Building Code;

Winnipeg Building By-Law;

Workplace Safety and Health Act;

City of Winnipeg Streets By-law;

City of Winnipeg Traffic By-law;

Manitoba Highway Traffic Act;

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

^.

Further to C6.13, the City has applied for the Demolition Permit and it should be in place by the time the successful Bidder receives a purchase order for the Work. The Contractor shall pick up and pay for the Demolition Permit only after the Contractor has removed and capped the sewer and water service lines as described in E2.2 and has the appropriate approval from the City of Winnipeg, Water and Waste Department for having done same. The Contractor may be charged an additional deposit, if the sewer and water service lines are not removed prior to picking up the Demolition Permit.

Land Title Search

The Contract Administrator will re-search the Title to the property immediately prior to demolition to confirm that no new interests have been acquired. The Contractor shall contact the Contract Administrator at least one (1) Business Day prior to commencement of the demolition to confirm that these arrangements have been completed and to obtain permission to proceed with the Work of the Contract.

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 B13.4, 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 B13.4.

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 Work;

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

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

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

where applicable, the Contractor's GST registration number;

receipt received from Water and Waste Department, if applicable.

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

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

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:

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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 D24.

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 D24.4.3, 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.

Form H1: Performance Bond (See D12)
KNOW EVERYONE BY THESE PRESENTS THAT _____________________________________________________________________________________ (hereinafter called the "Principal"), and ____________________________________________________________________________________ , (hereinafter called the "Surety"), are held and firmly bound unto THE CITY OF WINNIPEG (hereinafter called the "Obligee"), in the sum of _____________________________________________________________________________________ ________________________________________________ dollars ($________________________.____) of lawful money of Canada to be paid to the Obligee, or its successors or assigns, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee for TENDER 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 TENDER 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 - TENDER 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)

Specifications

General

Applicable Specifications and Drawings

These Specifications shall apply to the Work.

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

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

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

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

Bidders 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

Utilities

The Contractor shall arrange and pay for the appropriate utility to disconnect and seal off from the Site, all service lines, pipes or conduits other than gas and hydro, that service the building(s) to be demolished. Further to D2.2 the City has arranged to have the gas and hydro connections disconnected and meters removed.

The Contractor shall disconnect and seal off all sewer and water service connections. If the Contractor is unable, or not licensed to complete this work, the Contractor shall subcontract the work to a subcontractor licensed by the City to do such work on behalf of the Contractor.

The Contractor shall provide each utility and the City’s Water and Waste Department with adequate prior notification as to when they will require these disconnection and sealing off services.

Protective Barricades

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

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

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

Demolition

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

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

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

The Contractor shall fill the area below the existing ground exposed by the demolition with clean earth to a depth of 300 mm above the surface of the existing ground at the Site of the building. The clean earth fill shall be free of debris and rubbish of any kind and be approved by the Contract Administrator. The Contractor shall not place backfill material until the Contract Administrator has inspected the excavation. Should any backfill be placed before the permission of the Contract Administrator has been obtained, the excavation shall be re-opened by the Contractor, at their expense.

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

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

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

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

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

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

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

Unless directed otherwise by the Contract Administrator, the Contractor shall haul and deposit all material, except as described in E5.1 and E6, from the Site to the City’s Brady Road Landfill site.

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

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

Salvaged Materials

All salvaged building materials resulting from the demolition including fixtures, except items noted hereinafter, shall become the property of the Contractor and shall be removed from the Site. All goods and chattels at the Site shall become the property of the City of Winnipeg, and shall be removed by the City prior to the demolition and sold to offset the cost of the demolition, unless in the judgment of the Contract Administrator these goods have no reclaimable value, in which case, these items shall be disposed of by the Contractor as refuse.

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

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

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

Recycling of Concrete

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

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

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

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

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

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

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

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

Hazardous Materials

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

Verification of Weights

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

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

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

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

observing weighing procedures;

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

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

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

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

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

the mechanically printed tare weight;

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

the time and date of weighing.

Truck Weight Limits

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