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METROPOLITAN REGIONAL HOUSING AUTHORITY INVITES BIDS ON TENDER DOCUMENT NO. 19-104 Boiler Room Remediation #2 CLOSING DATE: Wednesday, April 24, 2019

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METROPOLITAN REGIONAL HOUSING AUTHORITY

INVITES BIDS ON

TENDER DOCUMENT NO. 19-104

Boiler Room Remediation #2

CLOSING DATE: Wednesday, April 24, 2019

Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

TABLE OF CONTENTS

PAGES

Section One

Scheduled Tour Date

Mandatory Requirements

1

2

Instructions to Bidders 3 - 6

Bid Form 7 - 9

General Conditions of the Contract 10 - 27

Asbestos Disclosure Materials Letter: January 2014 28

Section Two

Specifications

Scope of Work: 109 Connor Lane 29-30

Asbestos in The Workplace: A Guide to Removal of Friable Asbestos Containing Material.

31-36

Appendixes

Appendix A Agreement ( For Information Purposes Only ) 32.39

Appendix B Request for Product Approval 40

Total Pages for this Tender Package: 40

Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - SCHEDULED TOUR DATE

1. Organized Tour Date

.1 All bidders note:

2. The tour is scheduled for Wednesday, April 17, 2019 at 11:00:00 AM

3. Site Location Information

.1 Building: .1 109 Connor Lane, Halifax

.2 Address: .1 109 Connor Lane, Halifax N.S., Nova Scotia

.3 Person conducting tour: John Napier Tel: 902.420.6015

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

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.

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

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 Wednesday, April 24, 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.

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - INSTRUCTIONS TO BIDDERS

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";

.2 Government of Canada bearer bonds; or,

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - INSTRUCTIONS TO BIDDERS

.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, t he 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.

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - INSTRUCTIONS TO BIDDERS

9. 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:

http://www.novascotia.ca/tenders/tenders/ns-tenders.aspx

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: 902.420.2108 or email: [email protected]

Rebecca de Condé at tel: 902.420.6008 or email: [email protected]

Important:

Use the above web site as the primary source for up-to-date information regarding this tender. Relying on 3rd party agencies could result in delays in receiving up-to-date information. The Metropolitan Regional Housing Authority assumes no responsibility for 3rd party agency delays in posting up-to-date tender information.

10. Communications

.1 The Project Manager for this Contract is Paul Power.

.2 Enquiries shall be directed to [email protected]

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

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. 19-104 Boiler Room Remediation #2

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 Thirty (30) days of award.

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

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 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.

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

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 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

MET19-104 Boiler Room Remediation #2 Page 9 of 40

Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

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

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT

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.

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT

1. 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.

2. 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.

3. 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.

4. 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 submitting such shop and setting drawings, the Contractor shall notify the Project Manager in writing

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT

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.

5. 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.

6. 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.

7. 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.

8. 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).

9. 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.

10. 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 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

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT

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.

11. 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.

12. 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.

13. 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 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

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT

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.

14. 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.

15. 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 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

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Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

SECTION ONE - GENERAL CONDITIONS OF THE CONTRACT

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.

16. 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.

17. 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.

18. 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 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

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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 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

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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 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.

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.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.

.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, freight 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

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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;

.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

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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 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

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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.

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.

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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 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

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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.

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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.

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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.

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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.

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ASBESTOS DISCLOSURE MATERIALS LETTER: JANUARY 2014

January 2014 To Whom It May Concern,

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.

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Scope of Work

Scope of Work: 109 Connor Lane Removal of old domestic hot water tank, its insulation jacket and cement lining. Remove tank saddles and concrete piers flush with concrete slab. Remove all asbestos pipe insulation elbows throughout mechanical room. Methods. Removal of these materials must follow precautions generally described in the abatement industry as “Type 3 Methods” including those described in the Nova Scotia Department of Labour and Advanced Education (NSLAE) code of practice “Asbestos in the Workplace: A Guide to Removal of Friable Asbestos Containing Material” dated November 2013. The procedures noted below are meant to serve as a summary only – specific requirements are noted in the NSLAE document (Appendix A) referenced above. Contractors will be expected to be familiar with and follow this document, which is considered to be part of this work practice. This is an occupied building. It is the expectation that this work will be done in such a way as to avoid contamination of surrounding areas with construction debris and dust, keep noise levels reasonable and within times agreed to by MRHA, and strictly follow abatement requirements.

• Removal of asbestos containing materials is to be done only by firms with suitable qualifications and experience. This will include:

o Site supervisor to have completed a three-day asbestos abatement training course.

o All site workers to have attended an asbestos awareness training seminar. o All abatement workers to have current respirator fit-testing certificates. o Asbestos waste to be removed from site only by firms that have current

Transportation of Dangerous Goods certification.

• A decontamination area must be constructed at the entrance to permit workers to safely enter and exit the work area. This decontamination area must have a shower area separated by “clean” and “dirty” chambers. This chamber might be able to be constructed as a “portable” unit that, following cleaning after use at a work area, can be easily moved to another area. A tack mat must be provided at the entrance to

MET19-104 Boiler Room Remediation #2 Page 29 of 40

Metropolitan Regional Housing Authority

Tender No. 19-104 Boiler Room Remediation #2

Scope of Work

each decontamination chamber to collect dust from foot traffic during the abatement process.

• Workers will wear disposable Tyvek coveralls or equivalent and full faced powered respirators with P-100 filters. Workers will not wear PPE, even if clean, in areas accessible to tenants.

• Work areas will be maintained under suitable negative pressure using HEPA filtered fans discharged directly to the building exterior. The NSLAE document noted previously addresses requirements that will need to be implemented should discharge of the HEPA filtered air to the building exterior not be possible.

• All waste will be double-bagged in 6-mil polyethylene asbestos waste bags and removed from the individual site upon completion of abatement.

• Following removal of all asbestos contaminated materials, the entire enclosed area will be HEPA vacuumed and/or wet wiped to remove settled dust. Slow drying sealer will then be applied to all surfaces following confirmation by the contractor’s representative that the area has been left suitably clean.

• Following an appropriate settlement period, air samples will be collected by the MRHA consultant from within each work area in accordance with industry standards to confirm that residual airborne fibre levels are below 0.01 f/cc as determined by phase contract microscopy.

• Following confirmation that residual fibre levels are sufficiently low, the barriers and decontamination chambers can be removed.

• During the work, the MRHA consultant will provide the following:

o Conduct air monitoring periodically during the work to ensure that residual fibre levels do not become elevated.

o Verify that all submittal documents have been provided.

o Conduct all necessary air clearance sampling and bulk sample testing.

End of Scope of ACM Removal

MET19-104 Boiler Room Remediation #2 Page 30 of 40

Asbestos in the Workplace:

A Guide to Removal of Friable Asbestos Containing Material

Revised November 21, 2013

Application – Code of Practice

Where asbestos is present or believed to be present in a workplace to which the Occupational

Health and Safety Act applies, the owner of the building and any employer whose workplace in

the building may contain asbestos have a duty under the Act to take all reasonable precautions

to ensure the health and safety of persons at or near that workplace. Employees have a similar duty to protect their own health in their workplace.

This document may be used as guidance for any establishment considering the removal of friable

asbestos. In addition, this document may be adopted as a code of practice by an employer who

is removing friable asbestos and is ordered to establish or adopt a code of practice by the

Director of the Occupational Health and Safety Division, or a delegate of the Director, under Section 66 of the Occupational Health and Safety Act.

Definitions

“100-class filter” means a filter certified as being

(a) in the “100” class; and

(b) of the “N”, “R” or “P” class, as appropriate, as defined in Chapter 42, Part 84 of the

United States Code of Federal Regulations.

“Airlock" means a system consisting of two-curtained doorways that allows the passage of

persons in and out of a contaminated area without permitting the movement of air out of the contaminated area.

“Asbestos containing material” means any material identified by an appropriate laboratory

analytical method (e.g. EPA 600/R-93/116, NIOSH 9000, or NIOSH 9002) to contain at least

0.5% of any type of asbestos, and vermiculite that is identified to contain any amount of

asbestos using EPA method 600/R-04/004 if other analytical methods do not identify the

presence of asbestos.

“Friable asbestos” means any asbestos-containing material that, when dry, may be crumbled,

pulverized, or reduced to powder by hand pressure. The term “friable asbestos” includes

previously non-friable asbestos-containing material that has become damaged to the extent that it may be crumbled, pulverized, or reduced to powder by hand pressure.

“Glove bag” means a pre-fabricated bag that is equipped with integral gloves and designed to contain asbestos.

“HEPA filter” means a high efficiency particulate aerosol filter that is designed to capture at least 99.97 percent of particles with an average aerodynamic diameter of 0.3 microns.

“HEPA negative air unit” means a mechanical ventilation unit that passes air through a HEPA filter and exhausts the air.

MET19-104 Boiler Room Remediation #2 Page 31 of 40

“HEPA unit test" means a procedure that is carried out by a competent person in accordance with

standard industry practice to assess whether a filtration system is functioning with the same efficiency as a HEPA filter.

“Wet removal” means soaking asbestos containing material with water that contains a non-ionic

surfactant in a quantity that is sufficient to control the release of dust and asbestos fibres

during the removal of friable asbestos.

“Work area" means the immediate area where asbestos-containing material may be disturbed.

Specific Requirements

1. Site Preparation

(1) Where removal of friable asbestos is performed, a glove bag must be used, or a

temporary enclosure must be constructed to prevent asbestos fibres from leaving the

work area.

(2) An enclosure used during the removal of friable asbestos must

(a) be constructed of polyethylene sheeting that is at least 0.15 millimetres thick,

(b) be labeled with signs to restrict entry to authorized personnel,

(c) include provisions for an airlock, clean room, shower area, decontamination

room, and holding area for waste materials;

(d) be maintained under negative pressure using HEPA negative air units, 24-hours

per day for the duration of the work and until the area has passed clearance

testing after cleanup;

(e) have a minimum of 4 air changes per hour or a static pressure of negative five

(-5) Pascal’s relative to pressure outside the enclosure, as measured inside the

enclosure at a point furthest from the exhaust fan; and

(f) have at least one observation window made of a transparent material that,

where reasonably practicable, enables a person who is located outside of the

enclosure to see work activity that is taking place inside the enclosure.

2. Ventilation - HEPA Testing

(1) Aside from specific HEPA negative air units that are used to exhaust air from inside the

enclosure, all ventilation systems that service the work area must be isolated from the

enclosure to prevent contamination by

(a) sealing ventilation duct supply and return air openings with poly sheeting; and

(b) where reasonably practicable, turning off the air handling systems that service

ithe work area.

(2) All vacuums and HEPA negative air units that are used to exhaust air from inside the

enclosure to any area outside of the enclosure must successfully pass a HEPA unit test

(a) after a HEPA filter is replaced; and

(b) at least once every 12 months.

MET19-104 Boiler Room Remediation #2 Page 32 of 40

(3) All HEPA negative air units that are used to exhaust air from inside the enclosure to an

indoor-area that is outside of the enclosure must successfully pass a HEPA unit test, on-

site, immediately prior to use at a given site.

(4) HEPA testing must include

(a) a visual inspection to identify any apparent damage and to examine the integrity

of the seal in the filter frame; and

(b) a filter testing procedure using dioctyl phthalate (DOP) or other appropriate

challenge test material to verify the unit is functioning as the manufacturer

intended.

(5) HEPA testing records must be maintained, including the name of the testing agency, the

name of the tester, the date of testing, and the result of the test.

(6) The employer is also required to maintain all HEPA filters in ventilation systems and

vacuum cleaners in accordance with manufacturer's instructions, or as specified by a

professional engineer, to ensure that they remain effective.

3. Personal Protective Equipment

(1) Where a glove bag is used, employees must wear full-body protective coveralls and a

half-facepiece, air-purifying, non-powered respirator equipped with a 100-class filter, or

equipment offering equal or greater protection.

(2) Where wet removal of friable asbestos is to be performed without the use of a glove bag,

employees must wear full-body protective coveralls (including hood) and a full-facepiece

powered air-purifying respirator equipped with a 100-class filter, or equipment offering

equal or greater protection.

(3) Where dry removal of friable asbestos is to be performed

(a) monitoring must be conducted in accordance with Section 4;

(b) employees must wear full-body protective coveralls (including hood) and are

permitted to use a full-facepiece powered air-purifying respirator equipped with

a 100-class filter unless the results from monitoring during removal indicate

that an employee’s exposure is greater than 100 fibres per cubic centimeter;

and

(c) where exposures are 100 fibres per cubic centimeter or greater, an atmosphere-

supplying respirator that has an assigned protection factor of 10000 is required.

(4) Where respiratory protection is required, the employer must ensure compliance with the

latest version of CSA Standard Z94.4, “Selection, Use, and Care of Respirators” for the

selection, use, maintenance, and testing of a respirator, as well as the training of

employees who use a respirator. This standard specifies that employees who wear a

tight-fitting respirator must be clean-shaven, and that quantitative fit-testing must be

carried out if a protection factor of 1000 is to be achieved with a full-facepiece powered

air-purifying respirator.

4. Dust Control and Monitoring

(1) Dry removal of friable asbestos-containing materials may be performed only where wet

removal is shown to present a hazard to employees.

(2) When dry removal is conducted and where a full-facepiece powered air-purifyingrespirator equipped with a 100-class filter is used for worker protection, personal

MET19-104 Boiler Room Remediation #2 Page 33 of 40

sampling for airborne asbestos fibres must be conducted on a daily basis during removal

to verify the airborne concentrations do not exceed 100 fibres per cubic centimeter.

(3) Where dry or wet asbestos removal is conducted, a glove bag is not used, and the air

from inside the enclosure is exhausted to an indoor area that is outside of the enclosure,

(a) daily sampling for airborne asbestos fibres must be conducted outside of the

enclosure.

(b) immediate action must be taken if the concentration of airborne asbestos is

found to exceed 0.01 fibres per cubic centimeter of air in an indoor area that is

outside of the enclosure.

(4) All samples for airborne asbestos fibres must be collected, prepared, analyzed, and

reported in accordance with the NIOSH Method 7400, Issue 2: Asbestos and Other Fibers

by PCM (August 15, 1994), or NIOSH Method 7402, Issue 2: Asbestos by TEM (August

15, 1994), or by a method that provides for an equivalent or greater level of precision

and accuracy.

(5) Samples must be analyzed within 24 hours and the committee or representative must be

notified of the testing, in accordance with Section 35 of the Occupational Health and

Safety Act. Where an increase in airborne concentration is detected, the personal

protective equipment required must be reviewed and upgraded in accordance with this

document.

(6) Monitoring for airborne asbestos fibres must be conducted during clearance testing, as

specified in Section 8.

(7) The employer must maintain a record of all air sampling data in accordance with

subsection 1.15(1) of the Workplace Health and Safety Regulations.

5. Personal Hygiene

(1) Where a glove bag is used, coveralls and other contaminated clothing must be removed

and prepared for disposal prior to removing any respirator or leaving the work area.

(2) Where removal of friable asbestos-containing material is performed without a glove bag

(a) street clothes must be removed and left in the clean area of the enclosure;

(b) protective clothing, as set out in Section 3, must be worn in the work area;

(c) coveralls and other contaminated clothing must be removed and prepared for

disposal or cleaning prior to removing any respirator or leaving the work area;

(d) a shower with both warm and cold running water must be provided; and

(e) respirators must be worn until the hair and body have been thoroughly wetted.

(3) Toilet facilities must be provided in or near the clean room on the decontaminated side of

the enclosure.

(4) No eating, drinking, or smoking is permitted in the work area.

(5) Where washable coveralls are used, arrangements for the proper storage, transportation

and cleaning must be made and followed to ensure that asbestos material does not leave

the remediation site uncontrolled.

MET19-104 Boiler Room Remediation #2 Page 34 of 40

6. Waste Disposal

(1) Asbestos waste must be disposed of in accordance with all applicable provincial or federal

asbestos disposal requirements.

(2) All asbestos waste must be placed in 0.15 millimetre polyethylene bags with printed

asbestos warning labels.

(3) Bags containing asbestos waste must be closed, and the outside cleaned before being

taken to the decontamination area.

(4) Bags containing asbestos waste must be placed within a second, 0.15 millimetre, labeled

bag or a labeled drum. Alternatively, the material must be packaged and placed in

accordance with a method approved in writing by the Department of Environment and

sent to an approved disposal site.

(5) When asbestos waste is brought to a disposal site, the employer or representative at the

disposal site must be notified of any materials that are suspected to contain asbestos.

7. Clean-Up

(1) Following the removal of friable asbestos containing materials the work area, the inner

surfaces of the enclosure, as well as all tools and equipment, must be cleaned by

(a) damp wiping; or

(b) vacuuming with a vacuum that has successfully passed a HEPA unit test in

accordance with the HEPA unit test after each filter change, and at least once

per year.

(2) Any residual asbestos containing materials that will remain inside the work area after the

enclosure is removed must be adequately sealed with a suitable encapsulant.

8. Visual Inspection & Clearance Test

(1) Following the clean-up requirements noted in Section 7, and prior to removing an

enclosure that is not a glove bag, a visual inspection of the work area inside the

enclosure must be carried out by a competent person to ensure that there is no

reasonable possibility of asbestos fibres becoming airborne. The employer must maintain

a record of these inspections in accordance with subsection 1.15(2) of the Workplace

Health and Safety Regulations.

(2) Before sampling for airborne asbestos fibres inside the enclosure, forced air equipment,

such as a leaf blower, must be operated for at least 5 minutes per 90 square metres of

floor area to dislodge fibres from any walls, ceilings, floors, ledges, and other surfaces

inside the enclosure.

(3) At least one sample for airborne asbestos fibres must be collected for every 270 cubic

metres of containment.

(4) All samples for airborne asbestos fibres must be collected, prepared, analyzed, and

reported in accordance with the NIOSH Method 7400, Issue 2: Asbestos and Other Fibers

by PCM (August 15, 1994), or NIOSH Method 7402, Issue 2: Asbestos by TEM (August

15, 1994), or by a method that provides for an equivalent or greater level of precision

and accuracy.

MET19-104 Boiler Room Remediation #2 Page 35 of 40

(5) The clearance test cannot be passed unless the analysis of each aerosol sample collected

indicates that the airborne concentration does not exceed 0.01 asbestos fibres per cubic

centimeter of air.

(6) A competent person must review the results of the visual inspection specified in Section

8(1), and the results of the air sampling specified in Sections 8(3) and 8(4), before

determining whether the enclosure can be removed.

(7) If a competent person indicates that the visual inspection or clearance test is not passed,

then the clean-up steps specified in Section 7 must be repeated, and the clearance test

must be repeated.

(8) If a competent person indicates that the clearance test and visual inspection by a

competent person are passed, then the enclosure may be removed.

Revising Code of Practice

Where an employer is ordered by the Director or a delegate of the Director to adopt this

document as a Code of Practice for the removal of friable asbestos containing materials, the

specific requirements outlined in this Code of Practice must be followed and if the employer

wishes to alter these requirements, a Code of Practice which includes the alterations must be approved by the Director or a delegate of the Director.

MET19-104 Boiler Room Remediation #2 Page 36 of 40

Metropolitan Regional Housing Authority

Contract No. < ## > < Tender Title >

APPENDIX A – AGREEMENT (FOR INFORMATION PURPOSES ONLY)

THIS AGREEMENT made in Duplicate this __th day of ______, 2019

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 >.

MET19-104 Boiler Room Remediation #2 Page 37 of 40

Metropolitan Regional Housing Authority

Contract No. < ## > < Tender Title >

APPENDIX A – AGREEMENT (FOR INFORMATION PURPOSES ONLY)

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,

MET19-104 Boiler Room Remediation #2 Page 38 of 40

Metropolitan Regional Housing Authority

Contract No. < ## > < Tender Title >

APPENDIX A – AGREEMENT (FOR INFORMATION PURPOSES ONLY)

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

MET19-104 Boiler Room Remediation #2 Page 39 of 40

Metropolitan Regional Housing Authority

Tender No. MET 19-104 Bolier Room Remediation #2

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 MET19-104 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

MET19-104 Boiler Room Remediation #2 Page 40 of 40