CENTENNIAL POOL BULKHEAD REPLACEMENT

(1)

Revision: 2013

Halifax

PO Box 1749

Halifax, Nova Scotia

B3J 3A5 Canada

TENDER # 16-162

SPECIFICATIONS FOR

CENTENNIAL POOL BULKHEAD REPLACEMENT

Halifax Planning and Infrastructure

DATE:

March 11, 2016

CLOSING DATE: 2:00 p.m. Thursday, March 31, 2016

CONSULTANT: BMR

Structural Engineering Ltd

TOUR:

A

site tour for general contractors is scheduled for Wednesday, March 16, 2016 at

10am. It is highly recommended that any subcontractors interested in bidding

also attend. All interested parties are asked to meet promptly at Centennial Pool

Entrance Lobby at 1970 Gottingen Street, Halifax

(2)

Halifax Regional Municipality Table of Contents Section 00 01 10

Centennial Pool Bulkhead Replacement Page 2

Tender #16-162 February 12, 2016

Section Number Section Title Page #

00 01 10 Table of Contents 2

00 01 15 List of Drawings 3

00 01 20 List of Schedules 4

00 01 30 Work Conditions 5

00 41 13 Form of Tender 7

00 25 00 Supplementary Conditions 12

00 45 00 Representations and Certificates 14

00 21 13 Instructions to Bidders 18

00 72 13 General Requirements 24

01 32 57 Swimming pool - Horizontal Bulkhead 6

(3)

Section 00 01 15

LIST OF DRAWINGS

Drawing Number

Title

Dated

S-1

Bulkhead

Plans

and

Elevation

February 12, 2016

S-2

Sections

and

Details

February

12,

2016

(4)

Section 00 01 20 SCHEDULES

`

(5)

WORK CONDITIONS Section 00 01 30

1.1

DESCRIPTION OF WORK

.1 Construct Work under stipulated price contract.

1.1 HALIFAX Construction Administrator will be coordinating the contract.

1.2

CONTRACT METHOD

.1 Construct Work in stages to accommodate Owner's use of premises during construction. The work defined commences upon award of contract and can proceed immediately.

1.3 WORK SEQUENCE

.1 Restrict use of work area identified on the site until Substantial Performance. .2 Co-ordinate use of premises under direction of HALIFAX Representative.

.3 Obtain and pay for use of additional parking, storage or work areas needed for operations under this Contract.

.4 Remove or alter existing work to prevent injury or damage to portions of existing work which remain.

.5 Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as directed by the Consultant.

.6 At completion of operations condition of existing work: equal to or better than that which existed before new work started.

. 1.4

CONTRACTOR USE OF

PREMISES

.1 The Owner will occupy premises during entire construction period for execution of normal operations.

.2 Co-operate with Owner in scheduling operations to minimize conflict and to facilitate Owner usage.

1.5 OWNER OCCUPANCY

.1 Execute work with least possible interference or disturbance to building operations, occupants, and normal use of premises. Arrange with owner to facilitate execution of work.

1.6

EXISTING SERVICES

.1 Notify, Consultant, Owner and utility companies of intended interruption of services and obtain required permission.

.2 Where Work involves breaking into or connecting to existing services, give Consultant 48 hours’ notice for necessary interruption of electrical service throughout course of work.

.3 Provide alternative routes for personnel and vehicular traffic.

.4 Submit schedule to and obtain approval from Consultant for any shut-down or closure of active service or facility including power. Adhere to approved schedule and provide notice to affected parties.

.5 Construct barriers as required to meet safety standards

1.7

DOCUMENTS REQUIRED

.1 Maintain at job site, one copy each document as follows: .1 Contract Drawings.

.2 Specifications. .3 Addenda.

.4 Reviewed Shop Drawings. .5 List of Shop Drawings. .6 Change Orders.

(6)

WORK CONDITIONS Section 00 01 30

.7 Other Modifications to Contract. .8 Field Test Reports.

.9 Copy of Approved Work Schedule.

.10 Health and Safety Plan and Other Safety Related Documents. .11 Other documents as specified.

END OF SECTION 00 01 30

(7)

FORM OF TENDER Section 00 41 13

Tender by _________________________________________________________________

Jane Pryor

Manager of Procurement Halifax Regional Municipality Suite 103, 1st Floor,

40 Alderney Dr.

Dartmouth Nova Scotia, B2Y 2N5

Having examined the drawings and specifications for the CENTENNIAL POOL BULKHEAD

REPLACEMENT, as well as site conditions affecting the work, the undersigned offers to furnish all labour and materials required for a complete job in accordance with the said documents at a price as follows;

Total Price (excluding all taxes) Total $ _____________.______

Subcontractor Information

Provide subcontractor in accordance with 00 21 13 1.14., list company name and contact name

Division Subcontractor

Bulkhead Manufacturer/Installer

We enclose herewith a certified cheque or bid bond* made payable to the HALIFAX as specified in Section 00 21 13, Instructions to Bidders, Clause 1.2 - Deposit and Surety, to be held in escrow and dealt with as follows:

a) In the event of the above tender being accepted within 90 days of the closing of tenders and our failing or declining to enter into a contract for the amount of our tender, the said cheque/bid bond shall be forfeited to the Owner in lieu of our failure or refusal to enter into such contract.

b) In the event of our tender not being accepted within 90 days of the closing of tenders, the said cheque/bid bond will be returned to us forthwith unless a satisfactory arrangement is made with us covering its retention for a further period.

c) In the event of our tender being accepted, the said cheque/bid bond will be retained as a guarantee of entering into a contract, to be released on receipt of a Performance Bond in the amount specified in Section 00 21 13, Instructions to Bidders, Clause 1.2 - Deposit and Surety said Performance Bond to be

(8)

replaced by a Maintenance Bond covering the two year warrantee period. In cases where a certified cheque has been retained, such cheque will be released at the termination of the warrantee period.

d) The contractor, and/or supplier agrees that HALIFAX may apply all payments for work completed or goods supplied, or service provided, to amounts owing to the Municipality by the contractor or supplier, including related administration of late payment charges related to the amounts owing.

*See Section 00 21 13, Instructions to Bidders, Clause 1.2 - Deposit and Surety

Appendix 'A' must be signed and returned with the tender to be considered.

We hereby acknowledge receipt of the following addenda:

ADDENDUM NO. DATED NO. OF PAGES

1.

2.

3.

4.

5.

6.

We hereby agree to the General Requirements for Specified Price Contracts as presented in Section 00 72 13 attached.

In submitting this tender, we recognize the rights of the Owner (HALIFAX) to accept any tender at the price submitted, or portion thereof, or to reject all tenders as the Owner may determine to be in its best interests. We also recognize that the Owner (HALIFAX) may evaluate or award contracts based upon price breakdowns, unit costs or alternate pricing called for in the tender documents but that the Owner will not award components of the tender separately in the same tender call unless so stated in the tender documents.

If we are notified of the acceptance of this tender within the time limit above specified, we will enter into a written agreement with the Halifax and complete the entire work included in the contract within the schedule.

Should we fail to complete the Contract within the specified time, or specified time as amended, we agree that damage will be sustained by HALIFAX and that it is and will be impracticable and extremely difficult to ascertain and determine the exact actual damage which the Halifax will sustain in the event of and by any of such delay and reason we agree to pay the Halifax the sum of one hundred dollars ($100.00) for Liquidated Damages, and not as a penalty, for each and every calendar days delay in finishing the work in excess of the agreed upon Date of

(9)

Completion of the work. We agree that this amount is a reasonable estimate of the actual damage to HALIFAX which will accrue during the period in excess of the agreed upon Date of Completion of the work. Liquidated Damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or alternative that may be available to HALIFAX.

(10)

APPENDIX A TO BE COMPLETED BY

V E N D O R In witness whereof the Vendor/Contractor/Bidder herewith set his hand

this ____________________ day of ___________________ 2016.

Name of Contractor Phone

Address of Contractor Fax

Signed and Delivered in the presence of

Witness Authorized Signing Officer

________________

Title of Signing Officer

HALIFAX REGIONAL MUNICIPALITY

Title of Signing Officer

(11)

The Bidder must have the legal capacity to contract. If the Bidder is a sole proprietorship, a partnership or a corporate body, the Bidder must provide, if requested by the Contracting Authority, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to bidders submitting a bid as a joint venture. Failure to properly execute submitted documents or to properly complete Appendix "A" (where required) will result in rejection of your tender. IF YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT THE UNDERSIGNED PRIOR TO TENDER CLOSING TIME FOR CLARIFICATION OF THIS OR ANY OTHER DETAILS.

Jane Pryor

Manager of Procurement

(12)

Supplementary Conditions Section 00 25 00

1. Schedule

Preparation of Shop Drawings: Start at Award

Bulkhead Fabrication Start: Within a week of Approved Shop Drawings.

Start of Pool Shutdown:

August 1, 2016

Bulkhead Installation Start: August 8, 2016

Bulkhead Installation Complete: August 24, 2016

Commissioning and training: Complete by August 26, 2016

End of Pool Shutdown:

August 26, 2016

2. Hours of Work

Monday to Friday

8:00AM – 8:00PM

3. Site Access

Site Access to be provided from adjacent streets

4. HALIFAX Project Coordinator

Kevin Rideout, Project Manager, HALIFAX

ph:

902-476-8668

[email protected]

5. General

1. Printing of drawing sets, specifications, change orders, or site instructions or

information, by contractor, at contractor’s cost.

2. General Conditions – Stipulated Sum – Single Prime Contract, 00 72 13 the

following replaces Section 1.18.3 in entirety with:

All invoices and application for progress payments shall include the following:

1. Vendor company name

2. Invoice Date

3. Invoice Number

4. Halifax Regional Municipality Purchase Order

5. Subtotal before HST and holdback (if applicable)

6. HST and holdback (if applicable)

7. Grand total of subtotal, HST and holdback (if applicable)

8. Work Breakdown by Percentage (ie. Schedule of values)

3. A minimum of 2.5% of total contract value will be held for closeout and

documentation. Close out documentation may include the following or other, if

applicable, electrical inspection, plumbing inspections, as built drawings, operations

and maintenance manuals, commissioning activities and documentation.

4. General Conditions – Stipulated Sum – Single Prime Contract, 00 72 13 the following

replaces Section 1.1.10 in entirety with:

Substantial Performance

A contract is deemed to be substantially complete as defined in the Builders’ Lien

Act, and when the work or a substantial part thereof is ready for use or is being used

(13)

Supplementary Conditions Section 00 25 00

for the purpose intended, as determined solely by the Owner. Substantial Completion

will not be granted until 97.5% of the total contract value is complete, including all

change orders, as determined by the Owner.

5. General Conditions – Stipulated Sum – Single Prime Contract, 00 72 13 the following

replaces Section 1.1.10 in entirety with: Total Performance

Total Performance shall mean when the entire work has been performed to the

requirements of the contract documents, including all change orders, and is

determined solely by the owner.

6. General Conditions – Stipulated Sum – Single Prime Contract, 00 72 13 the

following replaces Section 1.1.10 in entirety with: Time

The term day, as used in the contract documents, shall mean calendar day.

The term working day means any day observed by the construction industry in the

area of the place of building.

7. DELAYS

1. If the Contractor is delayed in the performance of the Work by an act or omission

of the Owner, or anyone employed or engaged by them directly or indirectly, then

the Contract Time shall be extended for such reasonable time as the Owner may

decide in consultation with the Proponent.

2. If the contractor is delayed in the performance of the Work by a Stop Work Order

issued by the court or other public authority, and providing that such order was

not issued as the result of the act or fault of the Proponent or any employee or

engaged directly or indirectly by the proponent, then the Contract Time shall be

extended for such reasonable time as the Owner may decide in consultation with

the Proponent.

3. If the contractor is delayed in the performance of the Work by labour disputes,

strikes, lockouts (including lock-outs decreed or recommended for its members by

a recognized Proponent Association, of which the Proponent is a member or to

which the Proponent is otherwise bound), fire, unusual delay by common carriers

or unavoidable casualties or, without limit to any of the foregoing, by a cause

beyond the Proponent’s control, then the Contract Time shall be extended for

such reasonable time as the Owner may decide in consultation with the

Proponent.

4. HALIFAX will apply and obtain in their name, a HALIFAX Building Permit.

The owner’s Project Coordinator will provide required Field Review of

Construction, Inspection Commitment Certificates and Certification of Field

Review of Construction documents at time of substantial completion, at no cost to

the bidder.

(14)

Representations and Certifications Section 00 45 00 Centennial Pool Bulkhead Replacement

Occupational Health and Safety Division

Nova Scotia Labour and Advanced Education

5151 Terminal Road, 6

th

Floor

P.O. Box 697

Halifax, Nova Scotia

B3J 2T8

NOTICE TO NOVA SCOTIA DEPARTMENT OF LABOUR AND ADVANCED EDUCATION

This is to advise the Nova Scotia Department of Labour and Advanced Education, the Owner and the

Engineer that if we,

______________________________________________________(Tenderer’s Name),

are successful on the tender for the CENTENNIAL POOL BULKHEAD REPLACEMENT

we will be the Contractor for the work and therefore will be the Constructor as defined by the Nova

Scotia Occupational Health and Safety Act.

We will have control of the physical work and labour force and shall effectively direct and supervise the

work. We will be solely responsible for construction means, methods, techniques, sequences and

procedures and for coordinating the various parts of the work under the contract.

We shall be solely responsible for construction and worker safety at the place of the work and to ensure

compliance with all rules, regulations, acts and practices required by applicable Construction Safety

Legislation including the Nova Scotia Occupational Health and Safety Act, and the Occupational Safety

General Regulations (pursuant to the Occupational Health and Safety Act) and the Human Resources

Development Canada, Canada Labour Code.

Contractor’s Name

Authorized Representative’s Signature

Date

(15)

Instructions to Bidders Section 00 21 13

1.0 INSTRUCTIONS TO BIDDERS 1.1 Tenders

1.1.1 Tenders will be received up to two o'clock, 2:00p.m., local time, March 31, 2016 at the office of:

Halifax Regional Municipality

Procurement Section,

Suite 103, 1st Floor,

40 Alderney Dr. (Alderney Gate),

Dartmouth Nova Scotia,

B2Y 2N5

ATTENTION: Jane Pryor

Manager of Procurement

1.1.2 Tenders must be deposited in sealed envelopes clearly marked as follows:

Tender #16-162

Centennial

Pool

Bulkhead

Replacement

1.1.3 HALIFAX reserves the right to accept any tender at the price submitted or portion thereof or to reject any or all tenders as the Municipality may determine to be in its best interests.

1.1.4 Public opening of the tender will take place in Conference Room, Halifax Procurement Section, Suite 103, 1st Floor, 40 Alderney Dr. (Alderney Gate), Dartmouth Nova Scotia, B2Y 2N5., immediately following the closing of the tender.

1.1.5 Tenders shall be for a stipulated sum on the form provided without escalator clause or other qualifications. All blank spaces on forms are to be filled in and all items must be bid, unless the tender specifically permits otherwise.

1.1.6 Project Documents are non-transferable. Tenders will not be accepted from Contractors that have not obtained the Documents from Halifax Procurement, or it’s designate.

1.1.7 Firms submitting bids are invited to attend the Site Visit on the date noted in the tender form or subsequent addenda.

1.1.9 The tender form must be signed in the space provided with the signature of the bidder or of a duly authorized official of the organization bidding. If a joint bid is submitted, it must be signed on behalf of each of the bidders. Tenders not properly signed will be rejected.

1.1.10 Tenders containing obvious arithmetic errors such as incorrect extensions or misplaced decimals will be accepted where the intent of the bidder is clear. Bid unit prices shall ordinarily be used to correct extensions.

1.1.11 HALIFAX, in evaluating a tender will be guided by the following:

1.1.11.1 Where the bids submitted in response to an invitation to bid are higher than the estimated contract value, bids shall not necessarily be invalidated for this reason.

(16)

1.1.11.2 If the lowest competent bid is within 15% of the estimated contract value, the contracting authority may choose to:

(a) Award the contract for the bid amount.

(b) Negotiate changes in the scope of work with the lowest competent bidder (Within the framework of the original tender call, including all subcontractors listed) to achieve an acceptable contract price. If negotiations fail, the contracting authority can make changes to the scope of work and re-tender the work.

1.1.11.3 If the lowest competent bidder is greater than 15% over the estimated contract value, the contracting authority may choose to:

(a) Award the contract for the bid amount.

(b) Make major changes to the scope of work (10% of the estimated contract value or greater) and re-tender the work.

(c)

Make minor changes to the scope of work (less than 10% of the estimated contract value) and negotiate changes with the lowest competent bidder to achieve an acceptable contract price. If negotiation fails, the contracting authority can make changes to the scope of work and re-tender.

1.1.11.4 Application of 1.1.11.2 and 1.1.11.3 is subject to budget availability

1.2 Deposit and Surety

1.2.1 For contracts with a value less than $100,000, bid surety and contract security is not required

1.2.2 For tenders valued at over $100,000, the bid shall be accompanied by bid security in the amount of 10% of the Lump Sum Price, in the form of a certified cheque, a bank draft, a money order, a bid bond, or any combination thereof, made payable without recourse, to the HALIFAX, to be held in escrow and dealt with as called for in the 'Tender Form'.

1.2.3 After award, the successful tenderer shall replace the bid surety with a performance bond and Labour & Materials bond. Where the Bid Surety has taken the form of a certified cheque, the security of the successful bidder will be returned when he has fully complied with the conditions for performance surety outlined in the tender documents. .

1.2.4 For contracts with a value of $100,000 to $250,000 contract security may be in the form of either a bond in the amount of 50% of the Lump Sum Price or alternatively, a certified cheque or irrevocable letter of credit in the amount of 15% of the Lump Sum Price. For contracts with a value greater than $250,000 but less than $500,000 contract security may be in the form of a bond in the amount of 50% of the Lump Sum Price or alternatively, a certified cheque or letter of credit in the amount of 20% of the Lump Sum Price. For contracts with a value greater than $500,000, security will only be accepted in the form of the 50% performance and labour and material bond.

(17)

1.3 Contract Documents

Contract documents shall be signed by the contractor within ten days of the written notification of acceptance of this tender. Contract shall be signed in the office of the City Solicitor, Legal Services, 3rd Floor, Duke Tower, 5251 Duke Street, Halifax, N.S.

1.4 Plans and Specifications

Specifications, form of tender, and all pertinent information may be examined and obtained at the office of the Halifax Procurement Section, Suite 103, 1st Floor, 40 Alderney Dr. (Alderney Gate), Dartmouth Nova Scotia, B2Y 2N5

1.5 Tender Time Limit

Each contractor submitting a tender shall agree that the tender shall be valid for 90 days from the closing date, the closing date being considered the first day the tender is valid until 12 o'clock noon the 90th day. Should no acceptance be made within this period, the Contractor may, at their option, rule the tender invalid.

1.6 Competency of Bidder

HALIFAX intends to only contract with responsible bidders who are in the business of providing the goods and/or services bid upon and can provide proof that they can furnish satisfactory performance based on past work experience with HALIFAX, other companies, or government agencies, and have the financial, managerial, and resource capabilities for the size of project bid upon. Satisfactory performance includes meeting all of the requirements of the various federal and provincial regulations and agencies for completion of work and making payments to subcontractors in a timely basis. The evaluation process may include reference checks, third party credit checks, site visits, and/or your firm may be asked to allow HALIFAX to complete personal credit and/or criminal record checks if company information is not available or adequate. Bidders found unacceptable during the evaluation process will not be given further consideration.

HRM may, in its absolute discretion, reject a Tender submitted by a Tenderer if:

i) the Tenderer, or any officer or director of the Tenderer;

ii) any related company of the Tenderer through common ownership, control or otherwise; or

iii) any intended sub-contractor of the Tenderer,

is or has been engaged, either directly or indirectly through another corporation, in a legal action (including arbitration or the service on HRM of formal notice of intent to commence a legal action) against HRM, its elected or appointed officers and employees in relation to:

i) any other contract with HRM; or

ii) any matter arising from HRM’s exercise of its powers, duties, or functions under the Halifax Regional Municipality Charter or another enactment

(18)

In determining whether to reject a tender under this clause, HRM will consider whether the litigation is likely to affect the Tenderer's ability to work with HRM, its consultants and representatives and whether HRM’s

experience with the Tenderer (or any of the individuals or entities referenced above) indicates that HRM is likely to incur increased staff and legal costs in the administration of this contract if it is awarded to the Tenderer.

1.7 Examination of Plans, Specifications and Site

Each bidder, before submitting their tender, shall carefully examine the contract documents and shall visit the site to ascertain all conditions existing, or to be anticipated, which may affect this work. No extra compensation will be allowed for expenses incurred during the progress of the work through failure to visit the site or to study drawings and specifications and make the necessary provisions in their tender price.

1.8 Questions Regarding Plans and Specifications

1.8.1 Should the bidder find errors or discrepancies in, or omissions from, the drawings or specifications, or be in doubt as to their meaning, they shall notify the Owner.

1.8.2 If necessary, the Owner will issue addenda, numbered and dated, clarifying any points in question. Addenda shall be incorporated in and become part of contract documents.

1.8.3 All questions concerning this Tender and all applications for alternate/equal materials or

procedures must be forwarded in writing to Erin MacDonald, Senior Procurement Consultant, via email at [email protected] or to the HRM Procurement Department (fax # 490-4206). All such correspondence must clearly state the Tender name, number and closing date.

All questions must be received at a minimum 72 hours prior to closing. All requests for Alternatives shall be submitted no later than five (5) working days prior to Tender closing date

1.8.4 No verbal instructions or verbal information to vendors will be binding on HALIFAX .

All written instructions and specifications will be considered clear and complete unless written attention is called to any apparent discrepancies or incompleteness before the official closing. Should any alterations to the bid request form be deemed necessary by the Purchasing Agent, these alterations will be made in the form of written addenda which will be provided to all vendors who received a bid request. The addenda shall be considered as part of the request.

1.9 Drawings and Specifications

1.9.1 The drawings hereinafter referred to shall be those listed in these specifications, together with such other working and detailed drawings as may be issued by the Owner during the progress of the work.

1.9.2 It is the intention that the work shown on the drawings and/or called for in the specifications shall complete the contract in every respect. The submission of a Tender shall constitute an undertaking to do all work required to complete the contract to the full intent and meaning of the drawings and the specifications.

(19)

The contractor shall submit their tender based on materials and equipment specified. Materials, as specified, are to be considered minimum required quality. Alternatives shall be submitted to the Owner for approval not later than five (5) working days prior to tender closing date. NOTE: No consideration shall be given to alternatives after the Tender closing.

1.11 Co-ordination of Trades

It shall be the responsibility of the Contractor to co-ordinate all sub-trades and ensure that the sub-trades have placed their orders in sufficient time to allow for delivery on schedule. If, for any reason, a delay in delivery is encountered, the Contractor shall have available, extra copies of correspondence showing the date of ordering, date of delivery and reason for delay, and make this information available to the Owner upon request.

1.12 Work Schedule

1.12.1 Provide within 10 working days after Contract award, in a form acceptable to the Owner, a schedule showing anticipated progress stages and final completion of work within time period required by Contract Documents.

1.12.2 Interim reviews of work progress based on schedule submitted by the Contractor will be conducted as decided by the Owner and schedule updated by the Contractor in conjunction and with approval of the Owner.

1.12.3 Failure by the successful bidder to meet the above requirements will entitle HALIFAX to cancel the award of the contract and to retain the tender deposit as compensation for damages sustained due to the Contractor’s default. HALIFAX may then award the contract to one of the other bidders or take such action as it chooses.

1.13 Amendment or Withdrawal of Tender

Tenders may be amended or withdrawn by letter, telegram or facsimile (902-490-4206). Amendment or withdrawal by telegram or facsimile must be certified by registered letter postmarked prior to date and time of closing.

Amendment of individual prices is the only acceptable price amendment and should only indicate the dollar amount of increase or decrease to the original unit price. Amendments shall not disclose either original or revised unit prices or the original or revised total tender price.

Head amendment or withdrawal as follows:

Amendment

OR

Withdrawal

of Tender for

Centennial Pool Bulkhead Replacement, Tender #

16-162

. Sign as required for Tender, and submit at the address given for receipt of tenders prior to time of Tender Closing.

(20)

1.14.1 The list of subcontractors and suppliers named by the bidder shall be the approved slate of contractors and suppliers. Any changes following the acceptance of tender shall only be with the written approval of the Owner and only as a result of extraordinary circumstances.

1.14.2 The bidder shall not use the term “Own Forces” or like expression in a particular classification of work or sub trade unless the bidder has demonstrated expertise and experience, and is actively engaged in that specific area. The Owner reserves the right to expect verification of such

qualifications on demand. Failure to provide verification to the satisfaction of the Owner may be cause for rejection of the tender.

1.15 Post-Bid Submissions

1.15.1 To be eligible to receive award of Contract the Contractor shall provide within 48 hours after the tender closing but before award of Contract a copy of the following documents:

Evidence of compliance with the requirements of the Province of Nova Scotia with respect to Workers’ Compensation Safety Audit Program. This shall be in the form of a current and valid letter of Good Standing issued by a safety audit firm endorsed by Worker’s Compensation Board of Nova Scotia (WCB) to audit for the type of work covered by this tender. The letter must indicate that the tenderers current standing falls into one of the following categories:

.1 Certificate of Recognition .2 Audit Pending

Where the Proponent has not yet obtained a Certificate of Recognition, the Proponent must submit a letter from the WCB endorsed audit firm indicating the Proponent is Ain the process@

(maximum six (6) months) of obtaining the Certificate of Recognition. AIn the process@ has been defined as the completion of the four mandatory courses (Safety Basics, Safety Orientation, Safety Audit and Leadership) and completion of training required by the Occupational Health and Safety Act (such as, but not limited to WHMIS, TDG, TCP, Confined Space and First Aid) and for a period no greater than six (6) months.

1.15.2 The Contractor shall also provide evidence of compliance with the requirements of the Province of Nova Scotia with respect to Workers’ Compensation Insurance including payments due thereunder. WCB Clearance Letters provide clarity as to who is covered and who is not covered for individual firms (e.g. Directors not taking a T4 from the company are excluded from coverage, owners of sole proprietorships and partnerships are excluded from coverage, family members living in the household of a director, proprietor or partner are excluded from coverage) It will be the responsibility of the Principal Contractor to ensure coverage is in place for their employees and employees of any their sub-contractors. Individuals not covered by WCB are not permitted on City of Halifax property.

1.15.3 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance for both of the above requirements.

(21)

Specification

Section 00 72 13

Centennial Pool Bulkhead Replacement

Page 1

Tender #16-162

February 12, 2016

1.0 GENERAL REQUIREMENTS

The general conditions of the contract for stipulated price contract CCDC #2, 2008, are hereby made a part of this specification, the same as if reproduced herein unless otherwise stated in this document , supplements, or amendments. Any contractor not familiar with these conditions may see a copy at the office of the Owner.

1.1 Definitions

1.1.1 Contract Documents

The Contract Documents consist of the Instruction to Bidders, executed Agreement, General Conditions of Contract, Supplementary General Conditions of Contract, Specifications, Drawings and other documents as indicated, including all amendments thereto incorporated before their execution and subsequent amendments thereto made pursuant to the provisions of the contract or agreed upon between the parties. The Successful Bidder's tender, and any addenda to the Specification issued during the bidding period shall also form part of the Contract Documents.

1.1.2 Owner, Consultant, Contractor

The Owner, Consultant and Contractor are the persons, firms or corporation identified as such in the Agreement and referred to throughout the Contract Documents as if singular in number and masculine in gender. The Term Owner, Consultant and Contractor means the Owner, Consultant or Contractor or their authorized representatives as designated by each party in writing. The Consultant may be a representative of an outside service provider designated as such by the owner or a representative of HALIFAX. The terms “Owner”, “HALIFAX” or “Halifax Regional Municipality” should be considered interchangeable for the purposes of the Contract.

1.1.3 Subcontractor

A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform a part or parts of the Work included in the Contract, or to supply products worked to a special design according to the Contract Documents, but does not include one who merely supplies products not so worked.

1.1.4 The Project

The Project is the total construction. Work performed under the Contract Documents may be the whole or a part of the Project.

(22)

General Requirements

Section 00 72 13

Page 2

Tender #16-162

February 12, 2016

1.1.5 Manufactured Articles

The term Manufactured Articles means all material, machinery, equipment and fixtures forming the completed work as required by the Contract Documents but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and normally referred to as construction machinery and equipment.

1.1.6 The Work

Work includes the whole of the works, materials, matters and things required to be done, furnished forming the completed work as required by the Contract Documents but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and normally referred to as construction machinery and equipment and performed by the Contractor under the Contract.

1.1.7 Materials and Equipment

The term Materials and Equipment means all materials, machinery, equipment and fixtures forming the completed work as required by the Contract Documents but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the work and normally referred to as construction machinery and equipment.

1.1.8 Other Contractor

The term Other Contractor means any person, firm or corporation employed by or having a separate contract directly or indirectly with the Owner for work other than that required by the Contract Documents.

1.1.9 Time

a) The date of Substantial Performance of the Work is the date agreed to by the Consultant or Owner under the definition in section 1.1.10 and after inspection and issuance of a deficiency report.

b) The term day, as used in the Contract Documents, shall mean the calendar day.

c) The term working day means any day observed by the construction industry in the area of the place of building.

(23)

General Requirements

Section 00 72 13

Page 3

Tender #16-162

February 12, 2016

A Contract shall be deemed to be substantially completed as defined in the Builders' Lien Act. R.S., c. 277, s. 1; 2004, c. 14, s. 2. , and when the conditions set out in CCDC-2-2008 Article GC5.4 are fullfilled, and when the work or a substantial part thereof is ready for use or is being used for the purpose intended.

1.1.11 Total Performance

Total Performance shall mean when the entire work has been performed to the requirements of the Contract Documents and is so certified by the Consultant or Owner

1.2 Scope of Work

1.2.1 The Contractor shall properly execute and complete all of the work indicated and called for in the plans, drawings and specifications.

1.2.2 The Contractor shall co-ordinate all divisions of the work including the work of all sub-contractors and suppliers. Be responsible for scheduling and expediting their work and deliveries, including correction of all defective work.

1.2.3 The Contractor shall be responsible for compliance by all persons or parties engaged on the work with all laws, building codes and ordinances insofar as they apply to work carried out under this contract.

1.2.4 The Contractor shall obtain all permits, licenses and certificates and pay all fees required for the performance of the Work which are in force at the date of tender submission. Fees for Building Permit and Plumbing Permit only shall be waived. The applicant must present a letter from Infrastructure and Asset Management at the time of application to have the fees waived. No application for payment will be processed until verification of all applicable permits has been received by the owner.

1.2.5 Under no circumstances is work to begin until all applicable permits have been obtained.

1.2.6 The Contractor shall do all miscellaneous work specified or detailed which is not included in the sub-trade work or which is specifically referred to in this Section.

1.3 Order of Precedence

In the event of inconsistency in any documents related to this contract the documents shall take precedence and govern in the following order:

(24)

General Requirements

Section 00 72 13

Page 4

Tender #16-162

February 12, 2016

Contract Agreement/Purchase Order/Work Order Addenda

Detailed Specifications Contract Drawings Standard Specifications Form of Tender

General and Supplemental Conditions Working Drawings

1.4 Examination of Site

All contractors who may in any way be affected by the existing conditions of the site will be held to have examined the site and familiarized themselves with the character and extent of work necessary to complete the contract according to the plans and specifications. No claims for extra payment will be entertained by reason of difficulties encountered due to conditions of the site which were visible or reasonably inferable from an examination of the site prior to delivery of this tender.

1.5 Deletions from Contract

The Owner reserves the right to delete any portion of the work, where it is deemed to be in the best interests of HALIFAX. Should this right be exercised, the total value of the Contract will be adjusted accordingly.

1.6 Hours of Work

The Contractor may normally conduct the work during the daylight hours of any weekday or Saturday, providing that his operations do not result in any nuisance or disturbance of the peace, and providing that these hours are acceptable to the OWNER and do not violate any bylaws in place at the time the work is done. Should the contractor desire to conduct work outside the normal hours of work, he shall obtain written permission from the OWNER at least 48 hours before the work is to be done.

1.7 Other Contractors

1.7.1 The Owner reserves the right to let separate contracts in connection with the total project of which the Work is part.

(25)

General Requirements

Section 00 72 13

Page 5

Tender #16-162

February 12, 2016

1.7.2 The Owner shall co-ordinate the work and insurance coverages of Other Contractors as it affects the Work of this Contract.

1.7.3 The Contractor shall coordinate his work with that of Other Contractors and connect as specified or shown in the Contract Documents.

1.7.4 The Contractor shall report to the Consultant any apparent deficiencies in other Contractor's work which would affect the Work of this Contract immediately when they come to his attention and shall confirm such report in writing. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of the deficiencies of Other Contractor's work except as to those of which he was not reasonably aware.

1.8 Subcontractors

1.8.1 The Contractor agrees to preserve and protect the rights of the Owner under the Contract with respect to any work to be performed under subcontract. The Contractor shall:

a) require his Subcontractors to perform their work in accordance with and subject to the terms and conditions of the Contract Documents, and

b) be fully responsible to the Owner for acts and omissions of his

Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by him.

The Contractor therefore agrees that he will incorporate all the terms and conditions of the Contract Documents into all Subcontract Agreements he enters into with his Subcontractors.

1.8.2 The Contractor shall employ those Subcontractors proposed by him in writing and accepted by the Owner prior to the signing of the Contract for such portions of the work as may be designated in the bidding requirements.

1.8.3 The Owner may, for reasonable cause, object to the use of a proposed Subcontractor and require the Contractor to employ one of the other Subcontractor Bidders.

1.8.4 In the event that the Owner requires a change from any proposed Subcontractor the Contract Price shall be adjusted by the difference in cost occasioned by such required change.

1.8.5 The Contractor shall not be required to employ as a Subcontractor any person or firm to whom he may reasonably object.

(26)

General Requirements

Section 00 72 13

Page 6

Tender #16-162

February 12, 2016

1.8.6 Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Owner.

1.9 Extension of Time

An extension of time may be granted in writing by the OWNER in the event of the work being delayed beyond the prescribed date for completion as stated in Contract and in the work schedule. Such extensions shall be for such time as the Consultant may prescribe and the OWNER shall fix the terms on which the said extension is granted. An application for an extension of time shall be made in writing by the Contractor to the Owner at least fourteen (14) days prior to the date of completion as stated in the Contract. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this Contract and all such rights continue to be in effect after the time limited in the Contract for completion of the work.

1..10 Manufactured Articles

All manufactured articles, material and equipment shall be new, supplied, installed, connected, erected, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary.

1.11 Deduction for Uncorrected Work

The Owner may deem it to be in the best interests of HALIFAX to make an appropriate deduction in the Contractor's payment where work has been damaged and/or does not comply with the Contract.

1.11 Deduction for Uncorrected Work

The Owner may deem it to be in the best interests of HALIFAX to make an appropriate deduction in the Contractor's payment where work has been damaged and/or does not comply with the Contract.

1.12 Liquidation Damages

1.12.1 (a) Should the Contractor fail to complete the Contract within the specified time, or specified time as amended, HALIFAX will assign damages in the amount of one hundred dollars ($100.00) for Liquidated Damages, and not as a penalty, for each and every calendar days delay in finishing the work in excess of the agreed upon

(27)

General Requirements

Section 00 72 13

Page 7

Tender #16-162

February 12, 2016

Date of Completion of the work. It is agreed that this amount is a reasonable estimate of the actual damage to HALIFAX which will accrue during the period in excess of the agreed upon Date of Completion of the work. Liquidated Damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or alternative that may be available to HALIFAX.

(b) Failure by the Contractor to execute this Contract and/or furnish a satisfactory Performance Security under the stipulated conditions shall entitle the Owner to retain as Liquidated Damages, the Bid Security submitted with the Tender; and/or

(c) The OWNER may deduct any amount due to Liquidated Damages from any monies that may be due or payable to the Contractor on any account whatsoever.

1.12.2 The Contractor shall not be assessed with Liquidated Damages for any delay caused by Acts of God, or of the Public Enemy, Acts of the Province or of any Foreign State, Fire, Flood, Epidemics, Quarantine Restriction or Embargoes.

1.13 The Owner's Right to Terminate Contract

1.13.1 If the Contractor will be adjudged as bankrupt; or

1.13.2 If the Contractor should make a general assignment for the benefit of his creditors; or

1.13.3 If a receiver should be appointed on account of the Contractor's insolvency; or

1.13.4 If the Contractor should persistently or repeatedly refuse or fail, except in cases for which extensions of time are provided, to supply enough properly skilled workmen or proper materials to complete the work; or

1.13.5 If the Contractor should fail to make prompt payments to Sub-contractors or for materials or labour, or persistently disregard Codes, By-laws, or Ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon that sufficient cause exists to justify such action, may, without prejudice to any other right of remedy and after giving the Contractor seven (7) days 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 he may deem expedient. 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 expenses of finishing the work, including compensation for additional managerial and administrative services, such excess shall exceed such unpaid balance the Contractor shall pay the difference to the Owner.

(28)

General Requirements

Section 00 72 13

Page 8

Tender #16-162

February 12, 2016

1.13.6 The expense incurred by the Owner herein provided, and the damage incurred through the Contractor's default, shall be determined by HALIFAX.

1.13.7 Where the Contractor has been terminated by the Owner, said termination shall not affect or administrative services, such excess shall exceed such unpaid balance the Contractor shall pay the difference to the Owner.

1.13.6 The expense incurred by the Owner herein provided, and the damage incurred through the Contractor's default, shall be determined by HALIFAX.

1.13.7 Where the Contractor has been terminated by the Owner, said termination shall not affect or terminate any of the rights of the Owner as against the Contractor or his Surety then existing or which may thereafter occur because of such default. Any retention of payment of monies by the Owner due to the Contractor under the term of the Contract shall not release the Contractor or their Surety from liability for their default.

1.14 Removal of Machinery, Equipment and Supplies

In the case of termination of this Contract, before completion for any cause whatsoever, the Contractor, if notified to do so by the Owner, shall remove any part or all of their machinery, equipment or supplies from the property of the Owner within seventy-two (72) hours after receiving written notice. Failing this, the Owner shall have the right to remove such machinery, equipment and supplies at the expense of the Contractor.

1.15 Notice of Substantial Performance

When work is substantially complete, request in writing that an inspection be made by the Owner. Upon the Owners concurrence that the work is substantially complete, attend the inspection and participate in the preparation of a deficiency list.

1.16 Deficiency Corrections

Correct all deficient items which would cause the work to be deemed as non-compliant with Substantial Performance and advise HALIFAX and/or Owner in writing when complete.

1.17 Completion and Certificate

If all deficiencies are found to be complete after inspection, the Owner shall issue a Substantial Completion certificate. The date shown on the completion certificate shall commence the 60 day Lien Period and all guarantee and warranty periods.

(29)

General Requirements

Section 00 72 13

Page 9

Tender #16-162

February 12, 2016

1.18 Applications for Payment

1.18.1 All invoices and applications for progress payment shall be addressed to: Project Manager

P.O. Box 1749 Halifax, NS B3J 3A5

1.18.2 All invoices and applications for progress payment shall include the following:

.1 Vendor’s company name

.2 Invoice Date

.3 Invoice Number

.4 Halifax Purchase Order Number

.5 subtotal berfore HST and holdback (if applicable)

.6 HST and holdback (if applicable)

.7 Grand Total of subtotal, HST, and holdback (if applicable)

.8 Work breakdown by percentage (ie/ schedule of values)

1.19 Progress Payment

Payment shall be made upon submission of proper application from the contractor and authorized by the Consultant. The Consultant shall provide such approval to the Owner within 10 days of receipt from the Contractor. Normal payment terms for Halifax is 30 days from receipt.

1.20 Taxes

1.20.1 The Contractor shall pay all government sales taxes, customs duties and excise taxes with respect to the execution of the Contract unless otherwise stated in Supplementary Terms of the Contract

1.20.2 Any increase or decrease in costs to the Contractor due to changes in such taxes and duties after the date of the Agreement and up to the agreed date of completion shall increase or decrease the Contract Price accordingly. If the owner so desires the Contractor is to co-operate with the Consultant and Owner and permit access to books and records in order to establish the amount of such taxes involved

1.20.3 The contractor must comply with the Documentary Requirements for Input Tax Credits as required by the Canada Revenue Agency. The Halifax Regional Municipality

(30)

General Requirements

Section 00 72 13

Page 10

Tender #16-162

February 12, 2016

reserves the right to withhold all payments of Harmonized Sales Tax unless the Documentary Requirements are met.

1.21 Final Payment

Final payment will be made 60 days after the completion and acceptance of the work in accordance with the contract. However, final payment shall not be made and Performance Security shall not be returned until the following written certificates have been filed with the Owner;

1.21.1 The contractor's professional, legal representative certifying that no lien has been filed against the contractor or on the premises, or materials mentioned herein, for work done or material furnished in respect of anything done under or by virtue of this Agreement;

1.21.2 The Workman's Compensation Board that the contractor has paid all assessments required by the Board in respect of this contract.

1.21.3 The contractor statement that all claims and demands for extra work otherwise, under or in connection with this contract, have been presented;

1.21.4 If requested, the contractor shall submit a signed itemized list of taxes paid and copies of all invoices as outlined in 1.16 above.

1.21.5 Statutory Declaration Showing Subcontractors, Suppliers, etc... have been paid.

NOTE: In no case shall the contractor be entitled to a payment which in the judgement of the Owner shall leave the balance withheld insufficient to complete the work and to cover the lien law.

1.22 Guarantee/Warranty

1.22.1 The contractor, in addition to any specific guarantees called for, shall and hereby warrant and/or guarantee that with normal wear and tear, the said work, , for a period of two years (two (2) years on mechanical systems) from the date of Substantial Performance or Completion as set out in the Certificate of Substantial Performance or Certificate of Completion, whichever is issued first, remain in such condition as will meet with the approval of the HALIFAX, and that the Contractor will, upon being required by HALIFAX, make good in a manner satisfactory to HALIFAX any imperfections due to materials used in the construction thereof or workmanship. The decision of the Halifax

(31)

General Requirements

Section 00 72 13

Page 11

Tender #16-162

February 12, 2016

Regional Municipality as to the nature, extent and cause of such imperfections and the necessity for remedying them shall be final.

1.21.2 The contractor shall furnish the owner with original copies of all guarantees called for under other divisions of this specification.

1.22.3 Upon written notice during the guarantee period, immediately replace, repair or otherwise make good all defective work, materials or equipment at no additional cost to the Owner.

1.22.4 Should the Contractor fail to comply with the directions of HALIFAX, the latter may, after giving the Contractor twenty-four (24) hours written notice, perform the necessary work, and provided that in the event of an emergence, of which HALIFAX may forthwith without notice, perform the necessary work and the cost of such work in either event may be deducted or collected by HALIFAX.

1.22.5 The contractor shall be responsible for coordinating and expediting the correction of any deficiencies of his own work or the work of his sub-trades covered by this warranty.

1.22.6 Nothing in the above implies that this guarantee shall apply to work which has been abused or improperly maintained by this owner or his successor.

1.23 Protection

Construct and maintain hoarding and other temporary guards and enclosures where and as may be required for the protection of the Public, the adjoining properties, and employees on the work. Properly and continuously maintain such temporary protection during the progress of the work, and remove on completion. The contractor shall also be responsible for the security of the work from looting or damage until end of Contract.

1.24 Closing Down Work

1.24.1 The Consultant has authority in an emergency to stop the progress of the work whenever in his opinion such stoppage maybe necessary to ensure the safety of life, or the work, or neighbouring property. This includes authority to make changes in the work, and subject to approval by the Owner, to order, assess and award the cost of such work, extra to the Contract or otherwise, as may in his opinion be necessary. The Consultant shall, within two (2) working days, confirm in writing any such instructions. In such a case if work has been performed under direct order of the Consultant, the Contractor shall keep his right to claim the value of such work.

1.24.2 Should the work be stopped by civil pickets, or other disorder, neither the Owner nor the Contractor shall have claim for change in the price of the Contract.

(32)

General Requirements

Section 00 72 13

Page 12

Tender #16-162

February 12, 2016

1.24.3 Should work be closed down for any cause, the contractor shall assume full responsibility for its proper protection during such period and shall make good at their own expense any damage that occurs due to their failure to provide proper protection.

1.25 Utilities

1.25.1 The Contractor shall obtain and pay for all water, gas and electricity and other utilities used by all trades during construction. Provide and pay for temporary heat as required for the satisfactory completion of the work.

1.25.2 The contractor shall be responsible for all Public Utilities encountered in their work. They shall notify the proper authorities, make all necessary arrangements and do all work required to connect any applicable service. They shall consult all Public Utility records and become informed of the location and extent of all utilities which may be, or are, associated with their work. All work shall meet the requirements of the authority having jurisdiction.

1.26 Minimum Standards

In the absence of other standards being required by the contract documents, all work shall conform to or exceed the minimum standards of the Canadian Government Specification Board, the Canadian Standards Association or the National Building Code of Canada, whichever is applicable.

1.27 Cutting and Repairing

1.27.1 The contractor shall do all cutting, fitting and patching of the work that may be required to accommodate all its parts.

1.27.2 All openings as required for all installations within the building shall be provided by the contractor with the co-operation of all sub-contractors.

1.27.3 Cutting and repairing shall be performed by specialists familiar with the materials affected and shall be performed in a manner to neither damage nor endanger any Work.

1.28 Insurance and Indemnification

1.28.1 Indemnification

The Contractor shall indemnify and hold harmless HALIFAX, their agents, representatives and employees from and against all claims, demands, losses, costs,

(33)

General Requirements

Section 00 72 13

Page 13

Tender #16-162

February 12, 2016

damages, actions, suits or proceedings arising out of or resulting from the performance of the Work (hereinafter called “Claims”), provided that any such claim is caused in whole or in part by the negligent act or omission of the Contractor, any Subcontractor, supplier, licensee, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them is liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

1.28.2 Insurance

Without restricting the generality of Indemnification (1.28.1) the Contractor will provide and maintain insurance in accordance with the following minimum criteria:

.1 General Conditions All Insurance

The policies will be in the joint names of the Contractor (Named Insured), and the Sub-Contractor(s) having a direct contract with the Contractor as unnamed insured or, if any specifically request, as Named Insureds. HALIFAX will be added as an additional insured under this agreement.

The policies will be primary to any other coverage with the same terms and conditions held by the named, additional and unnamed insureds.

All insurance shall be maintained continuously while this contract is in force.

If any Contractor or Subcontractor fails to furnish HALIFAX a certified copy of each policy required to be obtained hereunder or if after furnishing such certified copy of the policy it lapses, is cancelled, or is materially altered, then in every such case HALIFAX, without the obligation to do so, shall obtain and maintain such insurance in the name of such Contractor or Subcontractor. The cost thereof shall be payable by the Contractor or Subcontractor to HALIFAX on demand, and HALIFAX may at its election deduct the cost thereof from any monies which are due or may become due to such Contractor or Subcontractor. All such policies be furnished under this agreement shall be provided to HALIFAX before commencement of work by the party required to provide same, in a form and with an insurer(s) satisfactory to the Owner. Any review of such insurance by the Owner shall not be an acknowledgment that the terms of this agreement have been fulfilled.

(34)

General Requirements

Section 00 72 13

Page 14

Tender #16-162

February 12, 2016

The Contractor and Subcontractors, as applicable, shall be responsible for any deductible amounts under any policies purchased with respect to this Contract.

Each policy required to be placed by the Contractor or Subcontractor shall state that it cannot be cancelled, lapsed or materially altered without at least 30 days written notice to HALIFAX ‘s Risk Manager or designated person.

All insurance policies required by this Contract shall be in a form and with an insurer satisfactory to HALIFAX. The review by HALIFAX of any insurance policy required by this contract shall in no way relieve the Contractor or Subcontractor of its obligations to provide the insurance referred to in this Contract, nor shall it imply that HALIFAX agrees that the Contractor or Subcontractor has fulfilled its obligations under this Contract.

.2 Commercial General Liability Insurance - This insurance will be subject to limits of not less than Two Million Dollars ($2,000,000) inclusive per occurrence for bodily injury, death and damages to property including loss of use thereof, and including but not limited to coverage for:

- where a guarantee period is required by the Owner under this Contract, the Contractor shall ensure that Completed Operations coverage, as applicable, shall be in force for the duration of the guarantee period or twelve (12) months, whichever is greater;

- premises and operations liability, including all activities arising out of work performed;

- owner’s and contractor’s contingent liability with respect to the operations of persons, firms or corporations having a contract for the execution of a part or parts of the Work included in the Contract;

- products and completed operations liability;

- blanket contractual liability;

- cross liability;

(35)

General Requirements

Section 00 72 13

Page 15

Tender #16-162

February 12, 2016

- elevator and hoist liability;

- contingent employer’s liability;

- personal injury liability;