METROPOLITAN REGIONAL HOUSING AUTHORITY INVITES BIDS ON. TENDER DOCUMENT NO. MET Building Restoration, 20 Gordon Court

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1 METROPOLITAN REGIONAL HOUSING AUTHORITY INVITES BIDS ON TENDER DOCUMENT NO. Building Restoration, 20 Gordon Court CLOSING DATE: Tuesday, May 1, 2018

2 Tender No. Building Restoration, 20 Gordon Court TABLE OF CONTENTS PAGE(S) Section One Scheduled Tour Date Mandatory Requirements 1 2 Instructions to Bidders 3-6 Bid Form 7-9 General Conditions of the Contract Section Two Scope of Work Specifications Interior Painting Kitchen and Bathroom Cabinets Installation Underlay 36 Vinyl Flooring Exterior Steel Door Roof Sheathing and Asphalt Shingle Installation Windows Appendixes Appendix A Agreement (For Information Purposes Only) Appendix B Request for Product Approval 53 Appendix C Asbestos Disclosure Materials Letter: January Total numbered pages for this tender package: 54

3 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - SCHEDULED TOUR DATE 1. Organized Tour Date.1 All bidders note:.1 The tour is scheduled for Wednesday, April 18 at 9:00AM 2. Site Location Information.1 Address:.1 20 Gordon Court, Lower Sackville, Nova Scotia.2 Person conducting tour: Paul Power Tel: Page 1 of 54

4 Tender No. Building Restoration, 20 Gordon Court 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 and Agreement Form. Page 2 of 54

5 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - INSTRUCTIONS TO BIDDERS 1. Bid Closing Address The Bid Closing Address is Suite 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 Tuesday, May 1, 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. Page 3 of 54

6 4. Modifications to Bids Metropolitan Regional Housing Authority Tender No. Building Restoration, 20 Gordon Court SECTION ONE - INSTRUCTIONS TO BIDDERS Modifications may be made to bids by facsimile (fax) message to or by to MRHAtenders@novascotia.ca, 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 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 selfaddressed 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";.2 Government of Canada bearer bonds; or,.3 a Surety Bid Bond. Page 4 of 54

7 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - INSTRUCTIONS TO BIDDERS 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, either by:.1 forwarding by Registered or Certified mail a letter to the Contractor at the address as set out in the Bid document, in which case acceptance shall be deemed to be on the day this letter is deposited in the mail; or;.2 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. 12. Addenda It is the responsibility of the bidder to periodically check the Nova Scotia Tender Notice website for any addenda issued for this tender. The web address is: Page 5 of 54

8 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - INSTRUCTIONS TO BIDDERS Filter By:.1 change: All Tenders to Open Tenders.2 change: All Departments & Agencies to Metropolitan Regional Housing Authority.3 leave: Select A Category as is..4 set: Show Rows to 25.5 click: Filter button Select the Tender you are interested in and view the Addendum Documents and Addendum Notes on the Tender Details page. If you have any difficulty using the site, please contact either: Bruce Chaisson at tel: or mrhatenders@novascotia.ca Rebecca de Condé at tel: or mrhatenders@novascotia.ca Important: Use the above web site as the primary source for up-to-date information regarding this tender. Relying on 3 rd party agencies could result in delays in receiving up-to-date information. The Metropolitan Regional Housing Authority assumes no responsibility for 3 rd party agency delays in posting up-to-date tender information. 13. Communications.1 The Project Manager for this Contract is Paul Power..2 Enquiries shall be directed to mrhatenders@novascotia.ca Page 6 of 54

9 Tender No. Building Restoration, 20 Gordon Court 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) Addendum No. dated Addendum No. dated Addendum No. dated 2. This contract is to provide for the the labor and materials relating to: Tender No. Building Restoration, 20 Gordon Court 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 Work is to begin work within ten (10) days of notification of Contract Award and to complete the Work within sixty (60) days of award. Page 7 of 54

10 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - BID FORM.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. Subcontractor: Subcontractor: Subcontractor: 5. The Bulk Sum Price set out above is made up as follows:.1 estimated cost of materials; and,.2 all other charges including labour, contractors profits and overhead $.3 Total of bulk sum price, excluding taxes 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 either 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. Page 8 of 54

11 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - BID FORM 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 Address Signed, Sealed and Delivered on behalf of the Contractor this 2018, in the presence of day of Witness Title Witness Signature AFFIX SEAL Witness Name Page 9 of 54

12 Tender No. Building Restoration, 20 Gordon Court 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 Page 10 of 54

13 1. Definitions Metropolitan Regional Housing Authority Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT.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. Page 11 of 54

14 2. Documents Metropolitan Regional Housing Authority Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT.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 Page 12 of 54

15 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT 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 Page 13 of 54

16 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT 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 Page 14 of 54

17 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT 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 Page 15 of 54

18 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT 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 his/her work from damage and shall protect the Metropolitan Regional Housing Authority's property from all injury arising in connection with this Contract. He/She shall make good any such damage or injury, except such as may be directly due to errors in the Contract documents. He/She 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 Page 16 of 54

19 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT 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 totalling 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 Page 17 of 54

20 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT 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 Page 18 of 54

21 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT 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 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 or Paragraph 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. Page 19 of 54

22 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT.4 In determining methods Paragraph and Paragraph 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, freight on board (FOB) to the project site, plus applicable taxes..5 In determining methods Paragraph and Paragraph 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 and Paragraph 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 , Paragraph and Paragraph 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; Page 20 of 54

23 Tender No. Building Restoration, 20 Gordon Court SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT.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 Page 21 of 54