metropolitan regional housing authority invites bids … · 2019-12-17 · metropolitan regional...

METROPOLITAN REGIONAL HOUSING AUTHORITY

INVITES BIDS ON

TENDER DOCUMENT NO. MET19-151

Flooring Work- Various Locations

CLOSING DATE: December 30, 2019

Metropolitan Regional Housing Authority

Tender No. MET19-151 Flooring Work- Various Locations

TABLE OF CONTENTS

Section One

Scheduled Tour Date

Mandatory Requirements

1

2

Instructions to Bidders 3 - 6

Bid Form 7 - 10

General Conditions of the Contract 11 - 29

Asbestos Disclosure Materials Letter: January 2014 30

Total Pages Section One: 30

Section Two

Specifications 31 - 35

Drawings / Sketches N/A

Total Pages Section Two:

Appendixes

Appendix A Agreement ( For Information Purposes Only ) 36 - 38

Appendix B Request for Product Approval 39

Total Pages Appendixes: 4

Total Pages for this Tender Package: 41



SECTION ONE – SCHEDULED SITE TOUR DATE

Please Note: Attendance at the site tour is NOT mandatory.

1. Organized Tour Date

.1 All bidders note:

.1 The tour is scheduled for Monday, December 23rd, 2019 by 09:00 AM. To be

conducted by the Building services Manager, Paul Power

2. Site Location Information

.1 Starting at 16 Circassion Drive and ending at 12 Faucheau Lane in the order below.

.1 Addresses: .1 16 Circassion Drive, Dartmouth .2 18 Circassion Drive, Dartmouth .3 20 Circassion Drive, Dartmouth .4 1935 Caldwell Road .5 36 Cow Bay Road Phase 1 .6 27 James Roy Drive .7 19 East Petpeswick Road .8 14 Elmhurst Drive .9 28 Elm Drive .10 12 Faucheau Lane

1 of 39



SECTION ONE - MANDATORY REQUIREMENTS

The following are the mandatory requirements of a formal bid and failure to meet one or more shall result in the bid being disqualified:

.1 the Bid document shall be signed and witnessed;

.2 if bidders have been requested to provide Bid Security, security shall be provided in Canadian funds in the amount required in one of the following forms only: a certified cheque, a certified bank draft, Government of Canada bearer bonds, or a Surety Bid Bond. No other form of bid security shall be accepted;

.3 all unit prices shall be included in unit price contracts;

.4 the Bid package shall be on Metropolitan Regional Housing Authority documents;

.5 any Bid based on modifying, qualifying or re-writing any of the terms or conditions of the Tender, the General Conditions or the Supplementary Conditions documents shall be disqualified; and,

.6 the Tender Submission shall contain all pages of the Bid Form.

2 of 39



SECTION ONE - INSTRUCTIONS TO BIDDERS

1. Bid Closing Address

The Bid Closing Address is S u i t e 3, 3770 Kempt Road, Halifax, Nova Scotia. Bids delivered to the Bid Closing Address must be in a sealed envelope marked “Bid” and bear the name of the bidder and the project “Description of Work”. Bids are to be placed in the Metropolitan Regional Housing Authority Tender Submission Drop Box, located in the front entrance of Suite 3, 3770 Kempt Road, Halifax (door located to the left of Subway). Bids will be received up to 2:00 PM local time and opened at 2:00 PM local time December 30, 2019.

2. Bid Form

Bids shall be submitted on the original Bid Forms as provided by the Metropolitan Regional Housing Authority. These forms must be completely filled out in ink, or by typewriter, with the signatures in longhand, witnessed and shall be signed as follows:

.1 Sole Proprietorship: Signature of sole proprietor in the presence of a witness who will sign where indicated. Insert the words "Sole Proprietor" under titles;

.2 Partnership: Signature of all partners in the presence of a witness or witnesses who will sign where indicated. Insert the word "Partner" against each signature under titles; or,

.3 Limited Company: If the bid is submitted by a Limited Company, the bid must be signed by duly authorized signing officers of the Company in their normal signatures designating against each signature the official capacity in which the signing officer acts. Signatures are to be made in the presence of a witness who will sign where indicated. The Corporate Seal of the Company shall be affixed to the bid. If the bid is signed by Officials other than the President or Secretary- Treasurer of the Company, a copy of the by-law or resolution of the Board of Directors authorizing them to do so must be submitted with the bid.

The completed form shall be without interlineations, alterations, or erasures.

3. Right to Reject

The right to reject any or all Bids or to accept any Bid deemed most satisfactory is reserved by the Metropolitan Regional Housing Authority. The Metropolitan Regional Housing Authority reserves the right to waive any informality in any or all Bids.

The Metropolitan Regional Housing Authority reserves the right to consider the following in the evaluation of tenders:

.1 past experience with the bidder and / or its management, including, but not limited to the following:

.1 compliance with the terms and conditions of past contracts between the Metropolitan Regional Housing Authority or the Government of Nova Scotia and the bidder; and,

.2 timely completion of past tenders awarded to the bidder.

.2 information received in response to enquiries of credit, customer and industry references; and,

.3 the experience and qualifications of the bidders’ senior management and project management.

3 of 39




4. Modifications to Bids

Modifications may be made to bids by facsimile (fax) message to 902.420.7586 or by email to [email protected], provided the following requirements are met:

.1 modifications must be received at the address indicated in Paragraph 1 of Instructions to Bidder, prior to Bid Closing Time;

.2 modifications made by fax or email shall immediately be followed up by the original document being delivered to the Metropolitan Regional Housing Authority and signed as outlined in Paragraph 2 of Instructions to Bidder; and,

.3 modifications should not include the total original or revised bid amount.

Note: Messages received by telephone shall not be considered.

5. Bid Security

The Bid, together with the Bid Security hereinafter described, must be delivered in a sealed self- addressed envelope. Note:

.1 Bid Security must be in Canadian funds; and,

.2 Bid Security in the form of cash will not be accepted.

6. Bidders’ Responsibility

Bidders will be held to have examined the drawings; to have visited the site; and to have informed themselves as to existing conditions and limitations. Bids shall cover the execution of the whole of the Work as described in the Specifications, as shown on the Drawings / Sketches and as described in any Addendums that may be issued.

7. Registered Contractor / Subcontractors

The Contractor and Subcontractors (whether incorporated or not) shall be individuals or companies registered in the Province of Nova Scotia under the Acts administered by the Registry of Joint Stock Companies. Firms not currently registered shall be required to register as condition of award.

8. Security Deposit

Security deposits shall be based on an amount of not less than ten percent (10%) of the total amount of the Bid.

For bids less than $1,000,000 (one million Canadian dollars), each contractor submitting a Bid must submit the required amount of security deposit in one of the following forms:

.1 a certified cheque or bank draft made payable to the "Metropolitan Regional Housing Authority";

4 of 39

mailto:[email protected]




.2 Government of Canada bearer bonds; or,

.3 a Surety Bid Bond.

For bids of more than $1,000,000 (one million Canadian dollars), each contractor submitting a Bid must submit the required amount of security deposit in the form of a Surety Bid Bond only. This shall be either:

.1 a Bid Bond shall be supplied on, or similar to the CCDC Form 220 and shall be signed and sealed by the Bonding Company and the Contractor; or,

.2 a Surety Bond may be submitted, in the amount of ten percent (10%) of the Bid price, and the successful Bidder must deliver, upon winning the award, to the Metropolitan Regional Housing Authority a Performance Bond and a Labour and Material Bond each in the amount of fifty percent (50%) of the amount payable under the Contract.

The Metropolitan Regional Housing Authority may require of any Bidder proof of financial and technical capability to undertake the work for which their Bid is submitted.

A certified cheque or other security, when received, will be retained by the Metropolitan Regional Housing Authority as contract security in accordance with the provisions of Paragraph 5.1 of Instructions to Bidders. Bid security for the three lowest bids will be retained by the Metropolitan Regional Housing Authority until such time as the Metropolitan Regional Housing Authority approves an award of Contract. Bid security for all other bids will be returned immediately following the close of Bid.

9. Agreement

The successful Bidder shall enter into an Agreement with the Metropolitan Regional Housing Authority to deliver such goods and services as outlined within the Tender.

10. Acceptance

The Acceptance letter shall be issued, by:

.1 delivering a letter by hand to the Contractor at either the address as set out in the Bid document, the Head Office of the Contractor, or to any officer of the Contractor, in which case acceptance shall be deemed to be the day the letter is delivered.

11. Construction Safety

Prior to contract award, the successful bidder must provide a Certificate of Recognition or Letter of Good Standing issued by an occupational health and safety organization approved by the Workers’ Compensation Board of Nova Scotia.

5 of 39




12. Addenda

It is the responsibility of the bidder to periodically check for any addenda issued for this tender.

General questions, please call:

Kara Erdahl at tel: 902.420.6006 or email: [email protected]

13. Communications

.1 Enquiries shall be directed to [email protected]

6 of 39





SECTION ONE - BID FORM

TO: METROPOLITAN REGIONAL HOUSING AUTHORITY

FROM:

Contractor's Full Business Name

1. The undersigned Bidder has carefully examined the site of the proposed work described herein,

has become familiar with local conditions and the character and extent of the work, has carefully examined every part of the proposed contract and thoroughly understands its stipulations, requirements and provisions, and has carefully examined the following documents, which shall be incorporated into and form part of the Agreement that the Contractor shall enter into with the Metropolitan Regional Housing Authority:

Mandatory Requirements Instructions to Bidders Bid Form General Conditions Asbestos Disclosure Materials Letter: January 2014 Specifications Drawings Appendix A – Agreement (For Information Purposes Only)

2. This contract is to provide for the labor and materials relating to:

Tender No. MET19-151 FLOORING WORK- VARIOUS LOCATIONS

3. The undersigned Bidder has determined the quality, quantity and source of supply of all materials

required, has investigated labour conditions, and, has noted that sales taxes are not to be

included in the "Bulk Sum Price" mentioned below in accordance with Paragraph 43 of the

General Conditions of the Contract.

4. The undersigned Bidder agrees: .1 BULK SUM PRICE: To provide all labour, tools, equipment, materials and incidentals

necessary to complete the work in accordance with the Contract and agrees to accept, therefore, as payment in full the "Bulk Sum Price" of

( $ ), and to undertake all changes or extra work required during the period of construction in accordance with the provisions of Article 23 of the General Conditions of the Contract.

.2 if awarded the Contract on this Bid Form, the Bidder is to begin work within ten (10) days of notification of Contract Award and to complete the work within sixty (60) days of award.

Addendum No. dated

Addendum No. dated

Addendum No. dated

7 of 39





.3 to use the Subcontractors hereinafter listed on the various phases of the work, and not to change or substitute these subcontractors, excepting under the provisions of Article 41 of the General Conditions of the Contract, without prior written permission of the Project Manager.

.4 please list all subcontractors. Subcontractors will be reviewed as part of the tender evaluation. If needed, include a separate sheet listing Subcontractors.

5. The Bulk Sum Price for all schedules set out above is made up as follows:

.1

.2

.3

6. Accompanying this Bid Form, the undersigned Bidder is submitting a Security Deposit in one of the following forms:

.1 a certified cheque or bank draft made payable to the "Metropolitan Regional Housing Authority" in the amount of $ (see Instructions to Bidders);

.2 Government of Canada Bearer Bonds in the amount of $ ; or,

.3 a Surety (Bid) Bond in the amount of $ .

.4 The undersigned Bidder agrees that, if this Bid is accepted within sixty (60) days from the closing date and the undersigned Bidder declines to enter into a contract in accordance with this Bid, then;

.1 if I / we have submitted a security deposit in the form of a certified cheque or Government of Canada Bearer Bonds it shall be forfeited; or

.2 if I / we have submitted a Surety (Bid) Bond, the surety shall be liable in accordance with the terms of the Bond.

7. The Acceptance letter shall be issued at the option of the Metropolitan Regional Housing Authority by;

.1 delivering a letter by hand to the Contractor at either: the address set out in the Bid Form document, the Head Office of the Contractor, or to any officer of the Contractor, in which case acceptance shall be deemed to be the day the letter is delivered.

Subcontractor:

Subcontractor:

Subcontractor:

estimated cost of materials; and, $

all other charges including labour, contractors’ profits and overhead

$

Total of bulk sum price, excluding taxes $

8 of 39




8. The undersigned Bidder declares that this Bid Form is made without connection with any other person or persons, submitting bids for the same work, and is in all respects fair and without collusion.

Contractor’s Full Business Address

Contractor’s Full Business Name Street Address

City, Province, Postal Code

Contractor’s Signature Business Telephone Number

Contractor’s Name Contractor’s E-mail Address

Signed, Sealed and Delivered on behalf of the Contractor this day of 2019, in the presence of

Witness’ Title

AFFIX SEAL

Witness’ Signature

Witness’ Name

9 of 39




9. MRHA reserves the right, at its sole discretion to limit the number of Flooring schedules awarded to any one bidder. Different schedules listed below may be awarded to multiple bidders.

Breakdown of Bulk-sum price

Schedules Property Name Address Work Description Price per schedule

A Forest Hills Phase II

16 Circassion Drive

See pages 31 - 35 $

B Forest Hills Phase III

18 Circassion Drive

See pages 31 - 35 $

C Forest Hills Phase I 20 Circassion Drive

See pages 31 - 35 $

D D. A. Macdonald 1935 Caldwell Road

See pages 31 - 35 $

E Island View, Eastern Passage

36 Cow Bay Road Phase 1

See pages 31 - 35 $

F Spruce Grove Apartments, Porters Lake

27 James Roy Drive

See pages 31 - 35 $

G Forest Glen Apartments,

Musquodoboit

19 East Petpeswick Rd

See pages 31 - 35 $

H Elmhurst Apartments II, Sheet Harbour

14 Elmhurst Drive See pages 31 - 35 $

I Valley View Villa, Middle

Musquodoboit

28 Elm Drive See pages 31 - 35 $

J Waverley Manor 12 Faucheau Lane See pages 31 - 35 $

• TOTAL $

• Total must equal the amount entered in section 4.1

10 of 39



SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT

INDEX

1. Definitions 2. Documents 3. Detail Drawings and Instructions 4. Copies Furnished 5. Shop Drawings 6. Drawings & Specifications of the Work 7. Ownership of Drawings & Models 8. Samples 9. Project Manager and Contractor 10. The Project Manager's Decisions 11. Foreman, Supervision 12. Materials, Appliances, Employees 13. Inspection of Work 14. Correction before Final Payment 15. Deductions for Uncorrected Work 16. Guarantee Warranty 17. Protection of Work and Property 18. Emergencies 19. Contractor's Liability Insurance 20. Fire Insurance 21. Contract Security 22. Cash Allowances 23. Changes in Work 24. Valuation of Changes 25. Claims against Contractor, Subcontractors

of Suppliers

26. Payments 27. Liens 28. Permits, Notices, Laws 29. Patent Fees 30. Use of Premises 31. Cleaning Up 32. Cutting, Patching and Digging 33. Delays 34. Assessments and Damages for Late

Completion 35. Metropolitan Regional Housing

Authority's Right to do Work 36. Owner's Right to Terminate Contract 37. Contractor's Right to Stop Work or

Terminate Contract 38. Mutual Responsibility of Contractors 39. Separate Contracts 40. Assignment 41. Subcontracts 42. Relations of Contractor and Sub-

Contractor 43. Taxes 44. Progress Estimates 45. Workers’ Compensation 46. Discounts and Rebates

11 of 39




1. Definitions

.1 The contract documents consist of the Agreement, the General Conditions of the Contract, the Specifications, Drawings and/or Sketches, including all modifications thereof plus any Addendums incorporated in the documents before their execution. These constitute the Contract when signed by the Metropolitan Regional Housing Authority and Contractor.

.2 The Metropolitan Regional Housing Authority, the Contractor and the Project Manager are those named as such in the Agreement.

.3 The term "Subcontractor" includes only a person, firm or corporation having a contract for the execution of a part or parts of the Work included in the general contract, and a person, firm, or corporation furnishing materials called for in the general contract and worked to a special design according to the plans and specifications, but does not include one who merely furnished material so worked.

.4 Instructions shall be deemed to have been duly given if issued in writing, at the option of the Metropolitan Regional Housing Authority, by either:

.1 forwarding by registered mail a letter to the Contractor, to the last business address known to the Metropolitan Regional Housing Authority, in which case instructions shall be deemed to have been duly given on the day this letter is deposited in the mail, or;

.2 delivering a letter by hand to the Contractor at either the address set out in the Bid Form, the Head Office of the Contractor, or to any officer of the Contractor, in which case acceptance shall be deemed to be the day the letter is delivered.

.5 The term "Work" of the Contractor or Subcontractor includes all labour and materials shown or described in the Contract Specifications or Drawings and/or Sketches plus any Addendums that may have been issued.

.6 The term "Other Contractors" means any person or firm or corporation employed by, or having a contract directly or indirectly with, the Metropolitan Regional Housing Authority otherwise than through the Contractor.

.7 National Building Code, National Research Council of Canada, shall apply unless otherwise indicated in the Drawings and/or Sketches or Project Specifications.

.8 Municipal by-laws shall apply where they supersede CMHC Technical Builder's Bulletin.

.9 The Contract is deemed to be "substantially performed":

.1 when the work or improvement is ready for use or is being used for the purpose intended; and,

.2 when the work to be done under the Contract is capable of completion or correction at a cost of not more than two and one-half percent (2.5%) of the Contract price.

12 of 39




2. Documents

.1 The Contract documents are complementary, and what is called for by anyone shall be binding as if called for by all. The intention of the documents is to include all labour and materials reasonably necessary for the proper execution of the Work. It is not intended, however, that materials or work not covered by or properly inferable from any heading, section or trade in the Specifications shall be supplied unless distinctly so noted on the Drawings and/or Sketches. Descriptions of materials or work in words which so applied having well-known technical or trade meaning shall be held to refer to such recognized standards.

.2 Should the Specifications conflict with the Drawings and/or Sketches, the Specifications shall govern. In the case of discrepancies between Drawings, those of larger scale, or if the scales are the same, those of a later date shall govern. All Drawings and/or Sketches and Specifications shall be interpreted in conformity with the Agreement and those General Conditions of the Contract which shall govern.

3. Detail Drawings and Instructions

.1 The Project Manager shall furnish as necessary for the execution of the Work additional instructions, by means of drawings or otherwise. All such additional instructions shall be consistent with the Contract documents. The Work shall be executed in conformity therewith and the Contractor shall do no work without such additional instructions. In giving such additional instructions, the Project Manager shall have authority to make minor changes in the Work, not inconsistent with the Contract.

.2 The Contractor and the Project Manager, if either so requests, shall jointly prepare a schedule, subject to change from time to time in accordance with the progress of the Work, fixing the dates at which the various detail drawings will be required, and the Project Manager shall furnish them in accordance with the schedule. Under like conditions, a schedule shall be prepared, fixing the dates for the submission of shop drawings, for the beginning of manufacture and installation of materials and for the completion of the various parts of the work.

4. Copies Furnished

.1 In addition to the signed duplicates of the Contract documents, the Metropolitan Regional Housing Authority shall furnish to the Contractor, free of charge, eight (8) copies of all Drawings and/or Sketches and Specifications applicable to the Work.

5. Shop Drawings

.1 The Contractor shall furnish to the Project Manager, at proper times, all shop and setting drawings or diagrams which the Project Manager may deem necessary in order to make clear the work intended or to show its relation to adjacent work of other trades. The Contractor shall make any changes in such drawings or diagrams which the Project Manager may require consistent with the Contract and shall submit two copies of the revised prints to the Project Manager, one of which shall be returned to the Contractor and the other retained by the Project Manager. When

13 of 39




submitting such shop and setting drawings, the Contractor shall notify the Project Manager in writing of changes made therein from the Project Manager's drawings or specifications. The Project Manager's approval of such drawings, or of the revised drawings, shall not relieve the Contractor from responsibility for errors made by the Contractor therein or for changes made from the Project Manager's drawings or specifications not covered by the Contractor's written notification to the Project Manager. All models and templates submitted shall conform to the spirit and intent of the Contract documents.

6. Drawings and Specifications of the Work

.1 The Contractor shall keep one copy of all Drawings and/or Sketches and Specifications of the Work, in good order, available to the Project Manager and to his/her representatives.

7. Ownership of Drawings and Models

.1 All Drawings and/or Sketches, Specifications and copies thereof and all models furnished by the Project Manager are his/her property. They are not to be used on other work and, with the exception of the signed Contract set of the Drawings and/or Sketches and Specifications, all furnished Drawings and/or Sketches and Specifications are to be returned to him/her upon request on the completion of the Work.

8. Samples

.1 The Contractor shall furnish for the Project Manager's approval such samples as he/she may reasonably require. The Work shall be in accordance with approved samples.

9. Project Manager and Contractor

.1 The Project Manager shall be responsible for administering the Contract, but the Contractor shall have complete control of the Work on site (subject to Paragraph 11 of Section One – General Conditions of the Contract).

10. The Project Manager's Decisions .1 The Project Manager shall decide on questions arising under the contract

documents, whether as to the performance of the Work or the interpretation of the Specifications and Drawings and/or Sketches, but should the Contractor hold such decisions to be at variances with the Contract documents, or to involve changes in work already built, fixed, ordered or in hand, to be in excess of the contract or to be given in error, he/she shall notify the Project Manager in writing before proceeding to carry them out.

11. Foreman, Supervision

.1 The Contractor shall keep on the Work, during its progress, a competent foreman and any necessary assistants, all satisfactory to the Project Manager. The foreman shall not be changed except with the consent of the Project Manager, unless the

14 of 39




foreman proves to be unsatisfactory to the Contractor and ceases to be in his/her employ. The foreman shall represent the Contractor in his/her absence and directions on minor matters given to him shall be held to be given to the Contractor. Important directions shall be given in writing to the Contractor. The Contractor shall give efficient supervision to the Work, using his/her best skill and attention.

12. Materials, Appliances, Employees

.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labour, water, tools, equipment, light and power necessary for the execution of work.

.2 Unless otherwise specified, all materials shall be new. Both workmanship and materials shall be of the quality specified.

.3 The Contractor shall not employ on the Work any unfit person or anyone not skilled in the work assigned to him.

13. Inspection of Work

.1 The Metropolitan Regional Housing Authority or the Project Manager on his/her behalf and their representative shall at all times have access to the Work, wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and for inspection.

.2 If the Specifications, the Project Manager's instructions, laws, ordinances or any public authorities require any work to be specially tested or approved, the Contractor shall give the Project Manager timely notice of its readiness for inspection, and if the inspection is by an authority other than the Project Manager, of the date and time fixed for such inspection. Inspections by the Project Manager shall be promptly made. If any work should be covered up without approval or consent of the Project Manager, it must, if required by the Project Manager, be uncovered for examination, and made good at the Contractor's expense.

.3 Re-examination of questioned work may be ordered by the Project Manager. If such works are found in accordance with the Contract, the Metropolitan Regional Housing Authority shall pay the cost of re-examination and replacement. If such works are found not in accordance with the Contract, through the fault of the Contractor, the Contractor shall pay such cost.

14. Correction Before Final Payment

.1 The Contractor shall promptly remove from the premises all material condemned by the Project Manager as failing to conform to the Contract whether incorporated in the Work or not, and the Contractor shall promptly replace and re-execute his/her own work in accordance with the Contract and without expense to the Metropolitan Regional Housing Authority and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.

.2 If the Contractor does not remove such condemned materials or work within the time fixed by written notice, the Metropolitan Regional Housing Authority may remove and may store such materials at the expense of the Contractor. If the Contractor does

15 of 39




not pay the expense of such removal within five days thereafter, the Metropolitan Regional Housing Authority may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all costs and expenses incurred in the removal, storage and sale of the material and any other costs and expenses that should have been borne by the Contractor.

15. Deductions for Uncorrected Work

.1 If in the opinion of the Project Manager, it is not expedient to correct defective work or work not done in accordance with the Contract documents, the Metropolitan Regional Housing Authority may deduct from the Contract price the difference in value between the Work as done and that called for by the Contract, the amount of which shall be determined in the first instance by the Project Manager.

16. Guarantee Warranty

.1 Warranty coverage shall be provided by a guarantee warranty on all materials and workmanship for a period of one (1) year from the date of completion. Performance of the Contractor over the one (1) year period shall be guaranteed by the retention by the Metropolitan Regional Housing Authority of one percent (1%) of the contract price, or $2,500 (two thousand, five hundred Canadian dollars), whichever amount is greater.

.2 The Contractor shall in addition to any specific warranty or guarantee called for, warrant and guarantee, for a period of one (1) year from the date of completion, all work performed and called for on the Drawings and/or Sketches and the Specifications, including any additional work approved and accepted as an extra to the Contract. The Contractor shall at his/her own expense, rectify any defects latent or patent that arise, as a result of poor, or improper, workmanship or defective materials, fixtures or apparatus during this one (1) year period. Performance of the Contractor over the one (1) year period shall be guaranteed, by the retention by the Metropolitan Regional Housing Authority of one percent (1%) of the contract price, or $2,500 (two thousand, five hundred Canadian dollars), whichever amount is the greater. Neither the final certificate nor payment thereunder, nor any provisions in the Contract shall relieve the Contractor from the responsibility for faulty materials or workmanship which shall appear during this one (1) year period.

.3 Cracks in plaster, drywall, masonry, stucco, and concrete which occur during the warranty period will be considered defects in workmanship and materials, and shall be rectified at the Contractor's expense including the expense of repainting necessary to complete the finished product. Where touch-up painting does not match existing paint, the entire surface shall be repainted.

.4 Neither the final certificate, nor payment under this contract, nor any provisions in the contract shall relieve the Contractor from responsibility for latent defects in materials or workmanship which appear after this one (1) year warranty period.

.5 In the event that the Contractor places in use certain apparatus, machinery or

16 of 39




electrical equipment, prior to the completion date, it shall remain the Contractor's responsibility to maintain the guarantee period as stated above, regardless of the possibility that the manufacturers' guarantee may have expired previously.

.6 Notwithstanding the provisions of this article, if any statute in force in the Province of Nova Scotia creates a more extended liability for faulty materials or workmanship, the provisions of such statutes shall apply.

.7 For the purposes of this article, completion of the project shall be the latter of either the date of project handover, or the date of the certificate of substantial completion.

17. Protection of Work and Property

.1 The Contractor shall maintain continuously adequate protection of all their work from damage and shall protect the Metropolitan Regional Housing Authority's property from all injury arising in connection with this Contract. Contractor shall make good any such damage or injury, except such as may be directly due to errors in the Contract documents. Contractor shall adequately protect adjacent property as required by law and the Contract documents.

18. Emergencies

.1 The Project Manager has authority to stop the progress of the Work whenever, in his/her opinion, such stoppage may be necessary to ensure its proper execution. In an emergency affecting or threatening the safety of life, or of the structure, or of adjoining property, he/she has authority to make such changes and to order such work extra to the Contract or otherwise as may in his/her opinion be necessary.

19. Contractor's Liability Insurance

.1 The Contractor shall maintain such insurance or pay such assessments as will protect him and the Metropolitan Regional Housing Authority from claims under Workers’ Compensation Acts. In addition, the Contractor shall maintain insurance to protect him and the Metropolitan Regional Housing Authority from any other claims for bodily injury or property damage. This insurance coverage shall be Comprehensive General Liability at least as broad as the Insurers Advisory Organization Form GL-2002, including a rider for products and completed operations coverage for one (1) year period following completion of all works. Endorsements must also be provided for Broad Form Property Damage, Cross Liability Clause and thirty (30) days’ notice of any cancellation by registered mail.

.2 The use of explosives must be covered by the policy, if blasting by explosives is required.

.3 The Contactor shall also maintain liability insurance for all owned and non-owned automobiles, either licensed for highway use or unlicensed.

.4 The limits of liability coverage shall be not less than $2,000,000 (two million Canadian dollars) inclusive for bodily injury or property damage per occurrence. Certificates of such insurance showing “HOUSING NOVA SCOTIA and

METROPOLITAN REGIONAL HOUSING AUTHORITY” as named insured shall be filed

17 of 39




with the Metropolitan Regional Housing Authority and shall be subject to approval as to adequacy of protection. Such insurance shall be maintained until the Project Manager certifies that the Work is complete.

.5 The Contractor's liability policy shall be endorsed with an undertaking from the insurance company that such insurance shall not be cancelled or changed without twenty-one (21) days prior notice by registered mail to the Metropolitan Regional Housing Authority.

20. Fire Insurance

.1 The Contractor shall maintain and pay for fire insurance in the joint names of the Metropolitan Regional Housing Authority and the Contractor totaling not less than one hundred percent (100%) of the Contract Award Amount, so that any loss under such policies of insurance will be payable to the Metropolitan Regional Housing Authority and the Contractor as their respective interests appear, and he/she shall furnish a copy of such policy to the Metropolitan Regional Housing Authority. Should a fire loss be sustained, the Contractor shall act on behalf of the Metropolitan Regional Housing Authority and himself for the purpose of adjusting the amount of such loss with the insurance companies. As soon as such adjustment has been satisfactorily completed, the Contractor shall proceed to repair the damage and complete the Work and shall be entitled to receive from the Metropolitan Regional Housing Authority in addition to the total Contract price, the amount at which the Metropolitan Regional Housing Authority's interest has been appraised in the adjustment made with the insurance companies as referred to above, said amount to be paid to the Contractor as the work of restoration proceeds. Any loss or damage by fire which may occur shall not affect the rights and obligations of either party under the Contract documents except that in such event the Contractor shall be entitled to a reasonable extension of time for the performance of the Work. Upon completion of the Work or on occupancy by the Metropolitan Regional Housing Authority, whichever shall first occur, the Contractor's obligation (if any) to maintain the fire insurance shall cease, and the Metropolitan Regional Housing Authority shall assume full responsibility for insuring the whole of the Work against loss or damage by fire. The date of such transfer of responsibility shall be the date on which the Metropolitan Regional Housing Authority is notified of the issue by the Project Manager of this Final Certificate, or the date the Metropolitan Regional Housing Authority occupies the premises, as the case may be.

21. Contract Security

.1 The successful Contactor must submit a Performance Bond and a Labour and Material Bond, each in the amount of fifty percent (50%) of the Contract, such Performance Bond and Labour and Material Bond are to be delivered to the Metropolitan Regional Housing Authority prior to signing of the Contract and shall be on the form enclosed as part of these documents, or to like effect.

.2 Where the contract amount is less than $1,000,000 (one million Canadian dollars), the Metropolitan Regional Housing Authority will accept a certified cheque, bank

18 of 39




draft, or Government of Canada Bearer Bonds, in an amount of ten percent (10%) of the Contract price.

.3 If the successful Bidder elects to provide security other than the Performance, Labour and Material Bonds and has provided security in the form of Government of Canada Bearer Bonds, certified cheque, or bank draft, then said security must be fully paid for, assigned to the Metropolitan Regional Housing Authority and deposited with the Metropolitan Regional Housing Authority in trust. Contracts in excess of $1,000,000 (one million Canadian dollars) can only be secured by Performance, Labour and Material Bonds.

.4 If the Work is taken out of the Contractor's hands, or if the Contract is terminated pursuant to the General Conditions, or if the Contractor is in breach or in default under the Contract, the Metropolitan Regional Housing Authority may negotiate the security deposit, in the case of bonds, or Term Deposit Certificate, or convert the security deposit to its own use, in the case of negotiable security, and the amount realized by the Metropolitan Regional Housing Authority shall be deemed to be a debt payable by the Metropolitan Regional Housing Authority to the Contractor and the Metropolitan Regional Housing Authority shall have the right of set-off against the debt any sum or amount which the Contractor may be liable to pay to the Metropolitan Regional Housing Authority and the balance of the debt, if any, after the right of set-off has been exercised, and if such balance, in the opinion of the Project Manager, is not required for the purposes of the Contract shall be paid by the Metropolitan Regional Housing Authority to the Contractor.

.5 If the Contractor is not in breach of, or default under, the Contract at the time the Project Manager's Interim Certificate of Completion is issued by the Regional or Project Manager, the Metropolitan Regional Housing Authority will return the security deposit to the Contractor. Notwithstanding the above, the Metropolitan Regional Housing Authority, may, under circumstances where it is considered advantageous, release the security deposit to the Contractor prior to one hundred percent (100%) completion but in no event at less than ninety percent (90%) completion. Such a release at less than ninety-five percent (95%) completion of the project shall be submitted to the Metropolitan Regional Housing Authority and have approval.

22. Cash Allowances

.1 The Contractor shall include in the Contract sum all cash allowances mentioned in the Specifications, which allowances shall be expended in whole or in part as the Project Manager shall direct, the amount of the Contract sum adjusted in conformity therewith. The Contract sum includes such sums for expenses and profit on account of such cash allowances as the Contractor requires. The Contractor shall not be required to employ for any such work, persons against whom he/she has a reasonable objection.

23. Changes in Work

.1 The Metropolitan Regional Housing Authority or the Project Manager, without invalidating the Contract, may make changes by altering, adding to, or deducting

19 of 39




from the Work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract except that any claim for extension or reduction of time caused thereby shall be adjusted at the time of ordering such change.

.2 Except as provided in Paragraph 18 of Section One – General Conditions of the Contract, no change shall be made unless it is made pursuant to a written order from the Project Manager, and no claim for an addition to or a deduction from the Contract sum shall be valid unless so order.

24. Valuation of Changes

.1 The valuation of any changes in the Work shall be determined in one or more of the following ways:

.1 by estimate and acceptance in a lump sum, submitted with Subcontractors’ and suppliers' signed quotations and breakdown of estimates for material and labour;

.2 for changes where the individual trade cost is anticipated to be less than $1000 (one thousand Canadian dollars), the requirement for the detailed cost breakdowns may be waived but the individual trade quotation must be supplied;

.3 by unit prices agreed upon or as listed in the Contract; or,

.4 cost of work and percentage or by cost and fixed fee.

.2 In cases of additional work to be paid for under method Paragraph 24.1.3 of Section One – General Conditions of the Contract, the Contractor shall keep and present in such form as the Project Manager may direct, a correct account of the net cost of labour and materials, together with vouchers. The Project Manager shall certify to the amount due to the Contractor including the profit and overhead as described in the Schedule. Pending final determination of value, payments on account of changes shall be made on the Project Manager's certificate.

.3 In determining methods Paragraph 24.1.1 or Paragraph 24.1.3 of Section One – General Conditions of the Contract, the labour costs shall be calculated by the actual estimated hours at an hourly rate calculated as follows:

.1 the hourly labour rate shall be the total payroll costs including hourly wage, statutory contributions to UIC, WCB and CPP and other applicable labour burdens paid directly by the employer such as vacation pay, holiday pay and pension plan;

.2 the Owner reserves the right to verify the payroll costs by independent audit; and,

.3 the following percentages shall apply to the total payroll costs:

.1 small tools/expenditures: five percent (5%) on payroll costs; and,

.2 site supervision: five percent (5%) on payroll costs.

20 of 39




.4 In determining methods Paragraph 24.1.1 and Paragraph 24.1.3 of Section One – General Conditions of the Contract, the material costs shall be calculated as follows:

.1 Contractor’s net costs, including contractor discounts from suppliers, f r e i g h t on board (FOB) to the project site, plus applicable taxes.

.5 In determining methods Paragraph 24.1.1 and Paragraph 24.1.3 of Section One – General Conditions of the Contract, equipment rental costs for major pieces of equipment required shall be at local industry rates.

.6 In determining methods Paragraph 24.1.1 and Paragraph 24.1.3 of Section One – General Conditions of the Contract, overhead and fees shall be calculated as follows:

.1 The cost of any authorized change shall be determined by the net total of labour and material or equipment as outlined in Paragraph 24.3.1, Paragraph 24.3.2 and Paragraph 24.3.3 of Section One – General Conditions of the Contract on which the percentage mark-up shall be determined as follows:

.1 For Each Change Up To $5,000 (Five Thousand Dollars): Subcontractors’ own work - Overhead & Fee: 15% (fifteen percent) total General Contractor’s own work - Overhead & Fee: 15% (fifteen percent) total General Contractor on Subcontractors work: 10% (ten percent) total (No percentage mark-up shall be applied to deductions)

.2 For Each Change Above $5,000 (Five Thousand Dollars): Subcontractors’ own work - Overhead & Fee: 10% (ten percent) total General Contractor’s own work - Overhead & Fee: 10% (ten percent) total General Contractor on Subcontractors work: 8% (eight percent) total (No percentage mark-up shall be applied to deductions)

25. Claims Against Contractor, Subcontractors or Suppliers

.1 The Contractor shall ensure that Subcontractors, suppliers, and all others supplying labour, materials or services to the project are promptly paid. Such payments shall be made at the time payment for the same are made to the Contractor by the Metropolitan Regional Housing Authority.

.2 Should the Metropolitan Regional Housing Authority be advised that a Subcontractor or supplier has not been paid for material, service, or labour provided to the project, the Metropolitan Regional Housing Authority may hold back, in addition to any other holdback stipulated in this Contract, sufficient monies as the Metropolitan Regional Housing Authority deems necessary to make such payments.

.3 This right to hold back additional monies shall apply where:

.1 Contractor, Subcontractors, or suppliers have been adjudged bankrupt;

.2 Contractor, Subcontractors, or suppliers have made a general assignment;

.3 Contractor, Subcontractors, or suppliers have had a receiver appointed;

21 of 39




.4 payment for work is in dispute; and,

.5 for any other reason, payment has not been made.

.4 It is the responsibility of the Contractor, his/her successor, trustee, receiver or assigns to settle all such claims and liens made on the Metropolitan Regional Housing Authority and the Metropolitan Regional Housing Authority shall hold all monies retained until advised by the claimants that the accounts have been settled. If claims are not settled by the Contractor or successors within a reasonable time, the Metropolitan Regional Housing Authority may pay for labour, services and materials claimed, whether supported by liens or not, from any date to any date and to any amount which may be claimed, or the Metropolitan Regional Housing Authority may make application to the courts, to pay any amounts held for such claims into court for the court to determine who should be paid and in what amount. Any monies so paid by the Metropolitan Regional Housing Authority shall be deducted from any monies that may be due, or that thereafter may become due, to the Contractor or successor.

.5 Before final settlement is made for work executed and materials furnished under the Contract, the Contractor shall furnish evidence, satisfactory to the Metropolitan Regional Housing Authority, that the work and all its parts are free and clear from lawful claims or liens under any law, for labour, services, materials and otherwise. The Contractor must also furnish evidence that no claim exists, in respect to which a claim or lien upon the Work could or might attach. The Contractor shall indemnify and hold harmless the Metropolitan Regional Housing Authority and all his/her property from any kind of liens accruing from labour and services performed, and materials supplied in or about the work.

26. Payments

.1 Cash payments equal to percentage stipulated in the agreement of the value of the work done, as valued by the Project Manager, will be made to the Contractor monthly, as the work progresses, on the written Certificate of the Project Manager that the Work, for or on account of which the certificate is granted, has been duly executed to his/her satisfaction, and stating the value of such work as computed by him/her, and insurance policies for the project are in force. The said certificate shall be a condition precedent to the right of the Contractor to be paid the said percentage, or any part thereof. No such monthly payment shall be construed to be an acceptance of any defective work or improper materials.

.2 Whenever the Work is performed completely, according to the Builders Lien Act and according to the plans and specifications and to the satisfaction of the Project Manager, the Project Manager shall make and certify the final estimate for the same. The Metropolitan Regional Housing Authority will then pay to the Contractor after sixty-five ( 65 ) days have expired from the execution of the said final certificate the remainder which shall be found to be due, excepting therefrom such sum or sums as may be lawfully deducted or retained under any of the provisions of the Contract. The written Certificate of the Project Manager certifying to the final completion of the said Work to his/her entire satisfaction shall be a condition precedent to the right of

22 of 39




the Contractor to receive or to be paid the balance due, of any part thereof. The right is reserved by the Metropolitan Regional Housing Authority to reject the whole or any part of the Work, should the said certificate be found to be inconsistent with the terms of the Contract, or otherwise improperly given.

.3 The Project Manager's progress certificates, and the payment of progress estimates based upon the same, shall not be construed as an acceptance or approval of the Work but only as temporary advances to the Contractor; and he/she shall be bound, notwithstanding such progress estimates, to well and truly complete, finish and hand over in good condition, and to the entire satisfaction of the Project Manager, by the time specified and in accordance with the terms and conditions of the Specification, the whole of the Work included therein; and all the percentage retained by the Metropolitan Regional Housing Authority shall be retained until the said full and satisfactory completion has been formally certified by the Project Manager.

27. Liens

.1 The Contractor shall be bound by the terms of the Builders Lien Act R.S., c. 277, s. 1; 2004, c. 14, s. 2.

28. Permits, Notices, Laws

.1 The Contractor shall obtain and pay for all necessary permits or licenses required for the execution of the Work (but this shall not include the obtaining of permanent easements).

.2 The Contractor shall give all necessary notices and pay all fees required by law and comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of the public health and safety and if the Specifications and Drawings are at variance therewith any resulting additional expense incurred by the Contractor shall constitute an addition to the Contract price.

29. Patent Fees

.1 The Contractor shall pay all royalties and license fees and shall save the Metropolitan Regional Housing Authority harmless from loss on account of suits or claims which may arise by reason of the work for infringement of patents.

30. Use of Premises

.1 The Contractor shall confine his/her apparatus, the storage of materials and the operations of his/her workmen to limits indicated by law, ordinances, permits or directions of the Project Manager and shall not unreasonably encumber the premises with his/her materials.

.2 The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety.

.3 The Contractor shall enforce the Project Manager's instructions regarding signs, advertisements, fires and smoking.

23 of 39




31. Cleaning Up

.1 The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by the employees or work, and at the completion of the Work he/she shall remove all his/her rubbish from and about the building and all his/her tools, scaffolding and surplus materials, and shall leave his/her work "Broom Clean" or its equivalent, unless more exactly specified. In case of dispute the Metropolitan Regional Housing Authority may remove the rubbish and charge the cost to the Contractor as the Project Manager shall determine to be just.

32. Cutting, Patching And Digging

.1 The Contractor shall do all cutting, fitting or patching of work that may be required to make parts come together properly and fit to receive or be received by work of other contractors shown, or implied by, the Contract documents and make good, as the Project Manager may direct.

.2 Any cost caused by ill-timed work shall be borne by the party responsible therefore.

.3 The Contractor shall not endanger any existing work by cutting, digging or otherwise and shall not cut or alter the work of any other contactor save with the consent of the Project Manager.

33. Delays

.1 If the Contractor should be delayed in the completion of Work by any act or neglect of the Metropolitan Regional Housing Authority or Project Manager or of any employee of either, or by any other contractor employed by the Metropolitan Regional Housing Authority or by changes ordered in Work, or by strikes, lockouts, fire, unusual delay by common carriers or unavoidable casualties or by any other cause or any kind beyond the Contractor's control or by any cause within the Contractor's control which the Project Manager shall decide as justifying delay, then the time of completion shall be extended for such reasonable time as the Project Manager may decide.

.2 No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the Project Manager, provided, however, that in the case of a continuing cause of delay, only one claim shall be necessary.

.3 If no schedule is made under Paragraph 4 of Section One – General Conditions of the Contract, no claim for delay shall be allowed on account of failure to furnish Drawings until two (2) weeks after demand for such Drawings and not then unless such claim be reasonable.

.4 The Project Manager shall not, except by written notice to the Contractor, stop or delay any part of the main Contract work pending decision of proposed changes.

34. Assessments and Damages for Late Completion

.1 The Work of the Contract is completed on schedule provided the Contract is "substantially performed" on or before the date for completion under Article 2.3 in the Agreement attached for information purposes only as Appendix A to this Tender, or

24 of 39




the latest revision to this date authorized by change order. Any period of time required for "substantial completion" in excess of the above noted latest date shall be considered a period of delay.

.2 During this period of delay, the Contractor shall be liable to the Metropolitan Regional Housing Authority for damages in an amount equal to the aggregate of:

.1 all salaries, charges, and travelling expenses of Metropolitan Regional Housing Authority staff and outside consultants overseeing the performance of the Work;

.2 the costs incurred by the Metropolitan Regional Housing Authority as a result of the inability to use the completed Work during the period of delay; and,

.3 all other expenses, including interest charges, and damages incurred or sustained by the Metropolitan Regional Housing Authority during the period of delay as a result of the Work not being completed.

.3 The Metropolitan Regional Housing Authority reserves the right to waive, in whole or in part, the amount payable by the Contractor under this article.

35. Metropolitan Regional Housing Authority's Right to do Work

.1 If the Contractor should neglect to prosecute the Work properly or fail to perform any provisions of this Contract, the Metropolitan Regional Housing Authority, after three (3) days' written notice to the Contractor, may without prejudice to any other remedy he/she may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor.

36. Owner's Right to Terminate Contract

.1 If the Contractor should be adjudged as bankrupt, or if he/she should make a general assignment for the benefit of his/her creditors, or if a receiver should be appointed on account of his/her insolvency or if he/she should, except in cases recited in Paragraph 33 of Section One – General Conditions of the Contract, refuse or fail to supply enough properly skilled workmen or proper materials after having received seven (7) days' notice in writing from the Project Manager to supply additional workmen or materials, or if he/she should fail to make prompt payment to subcontractors for material or labour, or persistently disregard laws, ordinances or the instructions of the Project Manager, or otherwise be guilty of a substantial violation of the provisions of the contract then the Metropolitan Regional Housing Authority may, without prejudice to any other right or remedy, by giving the Contractor written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method which may be deemed expedient, but without undue delay or expense. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the Work such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance the Contractor shall pay the difference to the Metropolitan Regional Housing Authority.

25 of 39




37. Contractor's Right to Stop Work or Terminate Contract

.1 If the work should be stopped under an order of any court, or other public authority, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon three (3) days' written notice to the Metropolitan Regional Housing Authority and the Project Manager, stop work or terminate this contract and recover from the Metropolitan Regional Housing Authority payment for all work executed and any loss sustained upon any plant or material with reasonable profit and damages.

38. Mutual Responsibility of Contractors

.1 Should the Contractor suffer damage by any act, neglect or default of any other contractor employed by the Metropolitan Regional Housing Authority upon the Work, the Metropolitan Regional Housing Authority shall be responsible therefore but shall be subrogated to the rights of the damaged Contractor against the contractor causing the damages. The Contractor shall make his/her claim in writing against the Metropolitan Regional Housing Authority within forty-eight (48) hours after the happening of the event causing such damage to the Contractor.

.2 Should the Contactor cause damage to any other contractor on the Work, the Contactor agrees, upon due notice, to settle with such other contractor by agreement if he/she will so settle. If such other contractor sues the Metropolitan Regional Housing Authority on account of any damage alleged to have been so sustained, the Metropolitan Regional Housing Authority shall notify the Contractor, who shall defend such proceedings at his/her own expense and if any judgement against the Metropolitan Regional Housing Authority arises therefrom, the Contractor shall be responsible and shall pay such judgement promptly together with all costs incurred by the Metropolitan Regional Housing Authority.

39. Separate Contracts

.1 The Metropolitan Regional Housing Authority reserves the right to let other contracts in connection with the undertaking of which the Work is a part and the Contractor shall connect properly and co-ordinate his/her work with that of other contractors. If any part of the Contractor's work depends for its proper execution or result upon the work of another contractor, the Contractor shall report promptly to the Project Manager any defects in the Work of such other contractor as may interfere with the proper execution of the Contractor's work. Should the Contractor fail so to inspect and report, he/she shall have no claim against the Metropolitan Regional Housing Authority by reason of the defective or unfinished work of any other contractor except as to latent defects not reasonably noticeable at the time of the commencement of the Contractor's work.

40. Assignment

.1 The Contractor shall not assign the Contract or assign any monies due to accruing under the Contract under any circumstances.

26 of 39




41. Subcontracts

.1 The Contractor must use the Subcontractors listed in the Bid Form. If the change of any names on this list is considered necessary by the Contractor, this request, giving reasons for the change, shall be submitted in writing to the Project Manager and the proposed change will be official after written approval by the Project Manager. If additional Subcontractors are required for the principal parts of the Work, the Contractor shall notify the Project Manager in writing of the names of the Subcontractors proposed and shall not employ any to whom the Project Manager may reasonably object.

.2 If the change of any names on such list is required by the Project Manager, and the Work has to be awarded to a higher bidder, the Contract Price shall be increased by the difference between the two bids.

.3 The Project Manager shall on request furnish to any Subcontractor wherever practicable, evidence of the amounts certified to on his/her account.

42. Relations of Contractor and Subcontractor

.1 The Contractor agrees to bind every Subcontractor by the terms of the General Conditions, Drawings and Specifications as far as applicable to his/her work.

43. Taxes

.1 Harmonized Sales Tax

.1 The Contractor shall not include in the Bid Form Amount Harmonized Sales Tax (HST) but shall pay HST on all materials and services on which the tax is charged. The Contractor shall show the amount of the HST to be paid on the Bulk Sum Price separately.

44. Progress Estimates

.1 Progress claims submitted for payment must be broken down in accordance with the Metropolitan Regional Housing Authority’s standard progress claim form.

.2 Claims for material on site but not installed, must be supported by suppliers’ invoices showing their unit prices, including provincial and municipal taxes. The amount for HST shall also be included separately. When material has been taken from Contractors’ or Subcontractors’ general stock on hand, they shall supply invoices priced at current trade prices without Contractors’ or Subcontractors’ profit.

45. Workers’ Compensation

.1 The Contractor shall carry Workers’ Compensation coverage on all employees engaged under this contract. The Contactor shall supply the Metropolitan Regional Housing Authority with a letter of Good Standing from the Workers’ Compensation Board and their Revenue Canada Business Number prior to the Work commencing.

27 of 39




46. Discounts from Manufacturers / Principal

.1 Suppliers and contractors are expected to pass on discounts or rebates obtained from their principals or manufacturers to Metropolitan Regional Housing Authority while submitting their bids. Examples of such discounts or rebates could come from Efficiency Nova Scotia, manufacturers of goods and equipment, service providers, etc.

.2 Invoice shall identify if rebate was already or not passed onto the contractor. It can be a collective invoice for all items such as multiple pumps, but all items need to be identified separately.

.3 ID Information of each item shall be included on the invoice record: brand and model number, design designation label.

.4 Contractor Equipment Invoice Provisions with Respect to Efficiency Nova Scotia Rebate.

The following provisions apply to products or services which may be eligible for rebates/incentives through various programs including those offered by Efficiency Nova Scotia. Eligible products and services may include, but are not limited to:

• Heating equipment (e.g. heat pumps);

• Lighting equipment and technologies;

• High efficiency circulator pumps;

• Insulation (e.g. exterior rigid, attic etc.);

• Windows and doors;

• Heat Recovery Ventilation (HRV);

• Energy Recovery Ventilator (ERV), and

• Air-sealing.

Provision 1: Supplier to Contractor Invoice

The Contractor shall provide a copy of supplier invoices for the following products:

• High-efficiency circulator pumps (i.e. pumps containing

permanent magnet motors and VFD technologies), and

• Lighting equipment (i.e. bulbs and fixtures).

All eligible product(s) shall be identified on the invoice c/w description

(model/make), quantity, and design designation label. The location in which

the product will be installed shall be identified by the Contractor.

28 of 39




Provision 2: Quotations/Estimates

At the request of the RHA and/or HNS, the Contractor shall provide

quotations/estimates that show the installed price of all eligible product(s)

and services prior to commencing any work. All eligible product(s) shall be

identified in the quotation/estimate with the following information:

• Quantity of product(s);

• Manufacturer;

• Model number;

• Material cost per unit;

• Labour as a separate line item, and

• Applicable taxes. •

Provision 3: Contractor to Housing Authority Invoice

At the request of the RHA and/or HNS, the Contractor shall provide an

invoice that shows the installed price of all eligible product(s) and services.

All eligible product(s) shall be identified in the invoice with the details listed

under Provision 2.

The Housing Authority and/or Housing Nova Scotia reserve the right

to request invoicing with detailed material and labour breakdown.

Breakdowns may be required by building, or by residential unit.

-END OF GENERAL CONDITIONS-

29 of 39




ASBESTOS DISCLOSURE MATERIALS LETTER: JANUARY 2014

To Whom It May Concern,

January 2014

This is to advise that certain building materials used in the construction of apartment buildings,

office buildings and homes between the years 1946-1986 may contain asbestos fibres.

Asbestos may typically be found in drywall filler, texture coats (stucco), floor tiles, tile adhesive,

gaskets, hard board, plaster, ceiling tiles, caulking and seamless flooring. Asbestos can be a

hazard if the fibres in the building material are released or separated from the material or

become air borne. In order for asbestos fibres to be released from this material, it must be

sanded or crumbled into small pieces.

Asbestos is not otherwise poisonous, and it does not off-gas any toxic chemicals. Under normal

conditions of day-to-day usage, these materials do not pose a risk to occupants, as they are not

releasing dust.

As many of the Metropolitan Regional Housing Authority (MRHA) buildings were constructed prior

to 1986, we are advising that asbestos may be present in the building materials. When properly

managed these materials are not a cause for concern.

Typically, if asbestos is found in MRHA buildings it is in the drywall filler (the material used to cover

the seams where two (2) pieces of gyproc meet or the corners of a room or where the ceiling and

walls meet), stucco or plaster. Gyproc itself does not contain asbestos.

The following responsibilities fall upon any contractor whose work may results in the disturbance of

any asbestos-containing or contaminated materials or surfaces:

1. Before commencing work, ensure all contractors employees and supervisory staff have

been informed as to the presence and approximate location of all asbestos-containing

materials that may become subject to disturbance (whether intentional or not);

2. Only workers trained and authorized in Type 1, 2, or 3 asbestos work procedures are

assigned to work involving exposure to material containing asbestos;

3. File with the Metropolitan Regional Housing Authority a signed and executed copy of

a Contractor's Notification & Acknowledgement form as provided at the end of this

document;

4. Perform work in such a manner as to avoid the disturbance of any asbestos-containing or

contaminated surfaces or materials other than those materials intentionally contracted to

remove, repair, encapsulate or enclose;

5. Upon discovery of any unidentified asbestos-containing or suspect asbestos-containing

materials, secure the area, suspend all activities that may disturb such materials and do

not proceed with work in the area until it has been determined if the material in question

contains asbestos and written authorization to proceed is obtained from the

Metropolitan Regional Housing Authority;

6. Prior to proceeding with any asbestos disturbance for Type 2 and Type 3 work (i.e.

removal, clean-up or repair) ensure a signed and duly executed Asbestos Work Permit is

obtained from the Metropolitan Regional Housing Authority;

7. Ensure all work that may disturb any asbestos-containing or contaminated surfaces is

completed in accordance with current regulatory requirements; and,

8. As required, provide the Metropolitan Regional Housing Authority with a copy of all

executed Asbestos Waste Transportation Manifests, verifying the safe and proper

disposal of asbestos waste generated.

30 of 39



SPECIFICATIONS – FLOORING INSTALLATION

PART 1 - GENERAL

.1 GENERAL REQUIREMENTS

.1 Supply and Installation shall be provided as specified in the common areas of all listed buildings including stairs and landings.

.2 All requirements in the documents shall be included in the bulk sum prices bid by the Contractor, unless otherwise specified.

.3 Replace work that has been judged defective by the Metropolitan Regional Housing Authority in such manner that there is no discernible variation between replaced and adjacent materials.

.2 APPROVED EQUAL

.1 Bidders shall apply to the Metropolitan Regional Housing Authority, in writing, not later than 4:30 p.m. on the 6th working day prior to Bid Closing Date for product approval.

.2 Request for approval shall include a technical specification sheet containing complete product data.

.3 MISCELLANEOUS REQUIREMENTS

.1 Flooring to be labelled with name of manufacturer. .4 BULK SUM PRICING

.1 Unless indicated otherwise, all requirements specified in this document shall be included in bulk sum prices bid by the Contractor.

.5 ELIGIBILITY OF CONTRACTORS

.1 Bidders must be bona fide flooring installers.

.2 Bidders will be asked to provide a list of recently completed projects of a similar nature complete with contact names and phone numbers.

.3 The Metropolitan Regional Housing Authority reserves the right to assess the experience and qualifications of bidders accept or reject any bidders.

31 of 39



SPECIFICATIONS – FLOORING INSTALLATION

PART 2 - PRODUCTS

.1 SHEET VINYL

.1 Commercial Vinyl Sheet Flooring

.1 Standard: Flooring to comply with ASTM F 1913, ASTM E648, and ASTM E662

.2 Static Load Limit: ASTM F970(m), 750 psi

.3 Gauge: 2mm (nominal .080”) unless otherwise noted

.4 Slip Resistance: EN13893 CLASS DS

.5 Abrasion Resistance: EN 660.2 Group M

.6 Sheet Size: 2m x 20m (nominal 6ft. 6in. x 66 ft.)

.7 Welding Thread: Vinyl thread or rod as produced by the manufacturer of sheet vinyl flooring and intended for heat sealing of joints. Colour to match field of sheet vinyl floor covering unless otherwise noted.

.2 Approved Products

.1 PolyFlor Forest FX PUR .2 Gerflor Taralay Impressions Compact.

.3 Samples

.1 Provide one (1) complete sample sets of each flooring product including full colour and pattern range offered by the manufacturer.

.4 Maintenance Data and Information

.1 Provide Metropolitan Regional Housing Authority with maintenance data in quantities requested.

.2 Provide maintenance information to the Metropolitan Regional Housing Authority including full explanation of methods necessary for regular care and stain removal.

.5 Colour and Pattern Selection

.1 Metropolitan Regional Housing Authority shall be permitted to make colour or pattern selection for each individual floor from the standard range of any product specified under 'Acceptable Product'.

32 of 39



SPECIFICATIONS – FLOORING TILE / CARPET

.2 STAIR NOSING

.1 Gradus stair Nosing

.1 AS20 Mill Finish Aluminium

.2 Riser/Tread and wall joint PolyFlor cove former CF20

PART 3 - EXECUTION

.1 VERIFICATION OF CONDITIONS

.1 Measurements of the area to be covered to be determined based on actual floor areas.

.1 Actual Floor Area shall be defined as the actual floor area to be replaced. It is not to include area taken up by partitions or cabinetry.

.2 The Contractor is responsible to cut and transport the material to the work site or sites.

.2 WORK REQUIRED TO EXISTING CONDITIONS

.1 The Contractor shall, at no additional cost, remove, cut to fit and re-install all doors and door stops necessary to perform the work.

.3 REMOVALS

.1 Work will be in an occupied building. Contractor shall be responsible for moving furnishings including but not limited to appliances, furniture and vending machines in common rooms and work area.

.2 Contractor shall remove all existing finish flooring material including existing base, quarter round, carpet strips, metal thresholds, etc to the existing wood or slab, unless otherwise arranged by the Metropolitan Regional Housing Authority. All flooring debris shall be disposed of at an approved HRM construction and debris site.

.3 The Contractor shall be responsible daily for removal and disposal of all existing flooring material and other job-related debris.

.4 Repairs to existing sub-flooring damaged in the process of removing existing flooring material shall be the Contractor's responsibility.

.5 Contractor shall remove toilets in any common washroom and install a test plug. MRHA will arrange for reinstallation with plumbing service provider.

.33 of 39




4 SURFACE PREPARATION

.1 The Contractor is to examine surfaces to receive flooring and is to report areas considered to be beyond levelling to the Metropolitan Regional Housing Authority.

.2 Set any protruding nails existing nails in plywood, Screw existing subfloor to floor joists

with 2 inch wood screws at 10 inches on center before any underlayment is installed. Contractor is responsible to locate spacing and direction of floor joists.

.3 Install 8.5 mm (nominal) Ulay Plywood applied as an underlayment in preparation of flooring at wooden subfloor areas. Fasteners shall be underlayment screws placed as per plywood

manufacturers spacing pattern. Product: Quick Drive MTH114S - #7 x 1 ¼’’ Underlayment

Screws or approved equal.

.4 Commencement of flooring installation will be construed as acceptance of conditions.

.5 Material placed by the Contractor over defective surfaces shall be removed and replaced at Contractor’s expense.

.6 Remove scaling ridges, bumps, and high spots as required. Fill and smooth low spots, cracks, joints, holes, depressions, and repair other defects.

.7 Filler to be applied to clean surface, trowelled and floated to leave a hard, smooth, flat surface. Traffic is to be prohibited until filler is cured.

.8 Surfaces to receive flooring material shall be clean and dry.

.5 SHEET VINYL INSTALLATION

.1 Install in accordance with manufacturer's recommendations or CSA Standard A126.3- M1985 and drawings.

.2 Apply adhesive recommended by flooring manufacturer uniformly using recommended trowel. Spread only enough adhesive to permit installation of materials before initial set takes place.

.3 Lay flooring with sheets parallel to length of corridor. Double cut sheet joints and continuously seal. Install site formed coving a minimum of 5’’ up wall over cove former complete with capping strip. All work shall be completed as per manufacturer’s instructions.

.4 As installation progresses, roll flooring with 45 kg roller to ensure full adhesion according to manufacturer's instructions.

.5 Terminate flooring at central line of door openings where adjacent floor finish or colour is dissimilar. Install metal and E Cap at doorways.

.6 Install edge strips at unprotected or exposed edges and where flooring terminates. Install new binder bar at junction with other floor finishes.

34 of 39




.7 Scribe flooring to casings, mouldings, baseboards, doorways, door frames, columns, cabinets, floor outlets and other openings or fixed objects to produce tight joints. Joints sealed or filled with sealant of any kind will be rejected.

.8 The Contractor shall be responsible for removal and reinstatement of plumbing fixtures and reinstatement of fixtures where applicable.

.9 At the sole discretion of the Metropolitan Regional Housing Authority, the plumbing fixtures may not be required to be removed. In such cases, the Contractor will neatly scribe around the base of the plumbing fixtures.

.10 Take positive means to ensure that there is no traffic on newly laid floors, and that subsequently no traffic related damage occur to the flooring:

.1 Barricade newly laid flooring until floor adhesives have set.

.2 If after installation of flooring there occurs significant and damaging activity; take substantial means of flooring protection.

.11 The Contractor shall complete an initial construction cleaning as per manufacturer’s recommendations.

.6 CLEANING

.1 Remove excess adhesive from floor, base, walls and other surfaces without damage.

.2 Clean surfaces in accordance with manufacturer’s recommendations.

______________________________________________________________________

END OF SPECIFICATIONS

35 of 39


Contract No. < ## > < Tender Title >

APPENDIX A – AGREEMENT (FOR INFORMATION PURPOSES ONLY)

THIS AGREEMENT made in Duplicate this __th day of ______, 2017

BETWEEN METROPOLITAN REGIONAL HOUSING AUTHORITY, of the

Province of Nova Scotia on behalf of Her Majesty the Queen in Right of the Province, pursuant to the Housing Act, Revised Statutes of Nova Scotia, 1989, Chapter 211, (Hereinafter called the "Metropolitan Regional Housing Authority") of the One Part

- and –

< BID WINNER’S FULL LEGAL BUSINESS NAME >

(Hereinafter called the "Contractor") of the Other Part

AGREEMENT WITNESSETH:

That the Contractor and the Metropolitan Regional Housing Authority for the consideration hereinafter expressed, undertake and agree as follows:

ARTICLE 1

The General Conditions of Contract and any Addendums as issued as part of the Tender are to be read herewith and form part of this agreement as fully and completely as though all the stipulations thereof have been embodied herein.

ARTICLE 2

The Contractor undertakes and agrees:

.1 to provide all the materials and to perform all the work shown as described in the Specifications,

the Drawings and/or Sketches and any Addendums forming the Tender Document titled

TENDER No. < ## > < TENDER TITLE >

which have been signed in duplicate for identification by, or on behalf of, both the parties, and which were prepared by METROPOLITAN REGIONAL HOUSING AUTHORITY acting as and herein (and in the General Conditions) entitled the "Project Manager”;

.2 to do and fulfil everything indicated by the Agreement and the General Conditions of the Contract

and the Specifications and the Drawings and/or Sketches; and,

.3 to complete substantially all the Work not later than < Date >.

36 of 39




ARTICLE 3 The Metropolitan Regional Housing Authority undertakes and agrees:

.1 to pay the Contractor in lawful money of Canada for the performance of the Contract

< Written Dollar Amount of Winning Bid > DOLLARS and _____ CENTS

( $ < Numerical Dollar Amount > ), plus applicable taxes, subject to additions and deductions as provided in the General Conditions of the Contract.

.2 to make payments on account thereof upon the Project Manager's certificate ( and when the

Metropolitan Regional Housing Authority is satisfied that payments due to Subcontractors have been made ) as follows: .1 within a reasonable time of receipt by the Metropolitan Regional Housing Authority of a

bona fide claim for payments, ninety percent ( 90% ) of the value, proportional to the amount of the Contract, of labour and materials incorporated in the work or materials on the site to be incorporated in the work, as estimated by the Contractor and approved by the Project Manager less the aggregate of previous payments;

.2 the ten percent (10%) of the value of the work, service and materials shall be retained by the

Metropolitan Regional Housing Authority for a period of sixty-five ( 65 ) days after the Metropolitan Regional Housing Authority is of the opinion that the Contract is substantially performed, as defined in the General Conditions;

.3 sixty-five ( 65 ) days after the Contract is substantially performed, the Metropolitan Regional

Housing Authority may reduce the amount retained to two and one-half percent ( 2.5% ) of the value of the work, services and materials, or the Metropolitan Regional Housing Authority may retain the full ten percent ( 10% ), until all required work is performed completely, as determined by the Metropolitan Regional Housing Authority;

.4 notwithstanding the foregoing, the Metropolitan Regional Housing Authority shall be entitled

to retain the warranty for a period of one ( 1 ) year, which sum is calculated as one percent ( 1% ) of the contract price or two thousand five hundred Canadian dollars ( $2,500.00 ), whichever is greater; and,

.5 also notwithstanding the foregoing, the Metropolitan Regional Housing Authority is entitled to

make other deductions as provided in the General Conditions of the Contract. .3 if on account of climatic or other conditions reasonably beyond the Contractor's control, there are

items of work that cannot readily be completed, the payment in full for the work which has been completed shall not be delayed on account thereof, but the Metropolitan Regional Housing Authority may withhold a sufficient and reasonable sum until the uncompleted work is finished and such sum as will in the opinion of the Metropolitan Regional Housing Authority adequately protect the Metropolitan Regional Housing Authority.

ARTICLE 4

The Contractor and the Metropolitan Regional Housing Authority for themselves, their successors,

37 of 39




executors, administrators and assigns, hereby undertake and agree to the full performance of the covenants contained herein and in the General Conditions of the Contract, and that this Agreement with the General Conditions of the Contract, the Specifications, Drawings and/or Sketches and any issued Addendums as outlined in the Tender documents constitute the Contract, and that the following is an exact enumeration of the Specifications, Drawings and/or Sketches and Addendums issued. Specifications:

< Exactly as in the Tender > Drawings/Sketches:

< Exactly as in the Tender > Addendums:

Addendum #< ## >, Issued < Day >, < Date >, < Subject > Addendum #< ## >, Issued < Day >, < Date >, < Subject > Addendum #< ## >, Issued < Day >, < Date >, < Subject > Addendum #< ## >, Issued < Day >, < Date >, < Subject >

ARTICLE 5

.1 If and whenever the Metropolitan Regional Housing Authority desires to give notice to the Contractor under or in connection with this Agreement or the General Conditions of the Contract, such notice will be effectively given if sent by Registered or Certified Mail, or delivered by hand to the Contractor at _< Full Company Address Including Postal Code > and will be considered as having been so given at either (a) the time the deposit thereof in the Post Office or (b) the time delivered by hand.

.2 The Contractor has furnished, and the Metropolitan Regional Housing Authority accepts, a

Performance Bond and Labour and Material Bond as security for the due fulfilment of the Contract.

IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written.

SIGNED, SEALED AND DELIVERED in the presence of ( ( ( ( ( ( WITNESS CONTRACTOR ( ( ( ( ( ( WITNESS METROPOLITAN REGIONAL HOUSING AUTHORITY

38 of 39


Tender No. MET << >>

APPENDIX B – Request for Product Approval

REQUEST FOR PRODUCT APPROVAL Note: 1 Sheet Per Product

To: [email protected]

Date: Number of Pages

(including cover sheet)

Re: Tender Number MET Closing date and time:

(description of work/goods)

A request for approval for the following product has been received from the named supplier for this Bid. Attached is the information package received in support of this request.

Company Name: Address: Phone & E-mail Contact Person

Date Request Made Product Attachments:

□ product samples being forwarded separately

Please advise by (date) of the results of the evaluation

Housing Authority: Phone & E-mail Attn: Signed:

(Shaded area to be filled in by Head Office)

PRODUCT

APPROVED NOT APPROVED

INITIAL

DATE

39 of 39