PARK VIEW EDUCATION CENTRE CAMPUS ALTERATIONS AND MODERNIZATION CONTRUCTION PACKAGE 3. TENDER NO: SSPVECMods16

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1 Public Works Building Design PARK VIEW EDUCATION CENTRE CAMPUS ALTERATIONS AND MODERNIZATION CONTRUCTION PACKAGE 3 TENDER NO: SSPVECMods16 Posted by the South Shore Regional School Board Closing Location: South Shore Regional School Board Office 69 Wentzell Drive, Bridgewater, NS, B4V 0A2 Procurement Contact: Clayton Smith Phone: csmith@ssrsb.ca Technical Contact: Craig James Phone: craig.james@cbre.com

2 SSPVECMods16 LIST OF CONTENTS 26-August-2016 Page 1 TITLE PAGE LIST OF CONTENTS PAGE DRAWINGS & TECHNICAL SPECIFICATIONS PAGE (The following documents form part of this Tender package) INSTRUCTION TO BIDDERS - DOCUMENT (9 pages) BID FORM - DOCUMENT (3 pages) TENDER PRICE AMENDMENT FORM (1 page) APPENDIX "A" TO BID FORM - DOCUMENT (4 pages) FORM OF AGREEMENT - DOCUMENT (1 page) AGREEMENT (5 pages) GENERAL CONDITIONS OF THE CONTRACT (1 page) GENERAL CONDITIONS OF CONTRACT (21 pages) SUPPLEMENTARY CONDITIONS (6 pages) Section Payment Procedures (Schedule of Values Form DC250-90) (2 pages) Section Occupational Health and Safety Requirements (5 pages) Section Contract Closeout (7 pages) END

3 SSPVECMods16 DRAWINGS & 26-August-2016 TECHNICAL SPECIFICATIONS Page 1 (Drawings & Technical Specifications are included in Contract Documents and form part of this Tender package, but are not provided as attachments here. They are available through a link from the Project Consultant Stantec. Contact Clayton Smith to register and to obtain the link information.) END

4 SSPVECMods16 INSTRUCTIONS TO Document August-2016 BIDDERS Page 1 PART 1 - GENERAL 1.1 INVITATION 1. Bid Call 1. The South Shore Regional School Board (SSRSB) will receive offers signed under seal, executed, and dated on or before 2:00 pm local time on 20-September-2016 at SSRSB Office, 69 Wentzell Drive, Bridgewater, NS, B4V 0A2. 2. Offers submitted after the above time shall be returned to the bidder unopened. 3. Offers will be opened publicly immediately after the time for receipt of bids. 4. Amendments to the submitted offer will be permitted if received in writing prior to bid closing and if endorsed by the same party or parties who signed and sealed the offer. 1.2 INTENT 2. The intent of this bid call is to obtain an offer to perform Construction Works at Park View Education Centre located at 1485 King St., Bridgewater, Nova Scotia B4V 1C4 for a Stipulated Price contract, in accordance with the Contract Documents. 3. Substantial performance of the project to be achieved on or before 21-July-2017, providing contract is awarded within 10 calendar days of close of bid closing time. 1.3 CONTRACT DOCUMENTS IDENTIFICATION 1. The Contract Documents are identified as SSPVECMods16 that include this document, various attachments and technical specifications & drawings as prepared by the Consultant, Stantec Architecture Ltd., located at Highfield Park Drive, Dartmouth, NS, B3A 0A CONTRACT/BID DOCUMENTS: 1. Definitions 1. Defined in DTIR General Conditions of Contract, Article GC1, Definitions. 2. Availability 1. Bid Documents may be obtained by contacting Clayton Smith (csmith@ssrsb.ca) 2. Bid Documents are made available only for the purpose of obtaining offers for this project. Their use does not confer a license or grant for other purposes. 3. Examination

5 SSPVECMods16 INSTRUCTIONS TO Document August-2016 BIDDERS Page 2 1. Upon receipt of Bid Documents verify that documents are complete; notify Project Manager should the documents be incomplete. 2. Immediately notify the Project Manager upon finding discrepancies or omissions in the Bid Documents. 4. Queries/Addenda 1. Direct queries, in writing, to Clayton Smith, csmith@ssrsb.ca 2. Queries and clarifications requested by bidders must be in writing not less than eight (8) working days before date set for receipt of bids specified for delivery to the SSRSB office. The reply will be in the form of an addendum, a copy of which will be forwarded to known bidders: 1. Where SSRSB deems the information significantly affects the bid price, no later than five (5) working days before receipt of bids specified for delivery to the SSRSB office. 2. Otherwise, no later than 72 hours before receipt of bids specified for delivery to the SSRSB office. 3. Verbal answers to queries are not binding. Information must be confirmed by written addenda. 4. Addenda may be issued during the bidding period. All addenda issued become part of the Contract Documents. Include all costs in the Bid Price. 5. Product/System Options 1. Alternatives to specified products and systems will only be considered during the bidding period in the manner prescribed below. 1. Where the Bid Documents stipulate a particular product, alternatives will be considered by the Project Manager up to eight (8) working days before receipt of bids specified for delivery to the SSRSB office. 2. When a request to substitute an alternate product is made, the Project Manager may approve the substitution and will issue an Addendum to known bidders. 3. In submission of alternatives to products specified, bidders shall include in their bid, any changes required in the work to accommodate such alternatives. A later claim by the bidder for an addition to the contract price because of changes in work necessitated by use of alternatives shall not be considered. 4. The submission shall provide sufficient information to enable the Project Manager to determine acceptability of such products. 5. Submission of alternate must provide complete information on required revisions to other work to accommodate each alternative, the dollar amount of additions to or reductions from the Contract Price, including revisions to other Work. 6. Unless alternatives are submitted in this manner and subsequently accepted, provide products as specified. 1.5 SITE ASSESSMENT

6 SSPVECMods16 INSTRUCTIONS TO Document August-2016 BIDDERS Page 3 1. Site Examination 1. Visit the project site and surrounding area before submitting a bid. 2. A visit to the project site has been arranged for bidders as follows: 06-September-2016 at 10:00am. Site address for PVEC is 1485 King St. Bridgewater, NS B4V 1C4. Representatives from SSRSB, the Consultant and the Project Manager will be present. 1.6 BIDDERS REGISTRATION 1. The successful Contractor and Subcontractors must comply with the Nova Scotia Corporations Registration Act or Partnership and Business Registration Act. 1.7 QUALIFICATIONS 1. Subcontractors 1. SSRSB reserves the right to reject a proposed subcontractor for reasonable cause. 2. Refer to Article GC39 of General Conditions. 1.8 BID SUBMISSION 1. Submissions 1. Bidders shall be solely responsible for the delivery of their bids in the manner and time prescribed. 2. Bids must be submitted on Bid Forms - Document provided by the Department. These forms must be completely filled out in ink or by typewriter, the signature in longhand, and corporate sealed, and the completed form shall be without interlineations, alterations or erasures. Electronic Submissions sent by facsimile transmission or will not be accepted. 3. Submit the executed offer together with the required bid security in a closed opaque envelope, clearly identified with bidders name, project name and tender number on the outside. 4. A Tender Price Amendment Form is provided immediately following the Bid Form. 1. The Tender Price Amendment Form provided is the standard master form for submission of all tender price amendments for this project. 2. Copy and complete the form, as directed, for all tender price amendments submitted. 1.9 BID INELIGIBILITY

7 SSPVECMods16 INSTRUCTIONS TO Document August-2016 BIDDERS Page 4 1. SSRSB as Bid Calling Authority, may reject a bid which has been received prior to the closing time where: 1. It is not submitted on the required Bid Form - Document included herein. 2. The bid is submitted by electronic transmission. 3. There are omissions of information that SSRSB in sole discretion deems to be significant. 4. A bid is not signed as required. 5. The bid has conditions attached which are not authorized by the invitation to bid. 6. The bid fails to meet one or more standards specified in the invitation to bid. 7. All addenda have not been acknowledged; 8. Any other defect which, in the opinion of SSRSB brings the meaning of the bid into question. 1. A Major Irregularity is a deviation from the bid request which affects the price, quality, quantity, or delivery of the project and is material to the award, and is a reason for rejection. 2. A minor irregularity is a deviation from the bid request which affects form, rather than substance. The effect on price, quality, quantity or delivery is not material to the award, and may be waived by SSRSB. 9. The required bid security in the required form is not provided COMMUNICATIONS AFFECTING BIDS 1. Must be in accordance with the printed Province of Nova Scotia Sustainable Procurement Policy December, Electronic Transmissions, including, but not limited to facsimile transmission: 1. Bid Forms submitted by facsimile transmission are not acceptable and will be rejected. 2. Electronic transmissions modifying bidder supplied information are acceptable when signed by the signatory of the original bid. Submission of such electronic transmissions is at the risk of the bidder. SSRSB assumes no liability for the receipt of the electronic transmission or for their proper inclusion with original bid. There is no requirement for follow up and upon receipt of an electronic transmission it will be considered binding on both parties. Electronic submissions must be submitted prior to closing time and date specified in the bid documents CONSTRUCTION CONTRACT GUIDELINES 1. The printed policies of the Nova Scotia Construction Contract Guidelines, dated May 18, 2006 are applicable to these Bid Documents.

8 SSPVECMods16 INSTRUCTIONS TO Document August-2016 BIDDERS Page BID AND SECURITY FORMS - SIGNATURES 1. All bid forms, bid security forms and performance assurance forms must bear the bidder's original signature BOND FORMS - GENERAL 1. Where DTIR Province of Nova Scotia forms are required for Bid Security, or Performance Assurance, SSRSB will accept bonds on the security company s letterhead providing the wording and punctuation is identical to the wording of the original DTIR Province of Nova Scotia form. 2. Where bid bonds are required for Bid Security, SSRSB will also accept bid bonds on the CCDC Bid Bond form latest version BID SECURITY REQUIRED OF GENERAL CONTRACT BIDDERS 1. Submit with Bid one of the following; endorsed in the name of Her Majesty the Queen in the Right of the Province of Nova Scotia as represented by SSRSB as obligee. 1. Bid Bond 1. Provide bond on the DTIR Province of Nova Scotia form acceptable to SSRSB, as previously prescribed, in an amount not less than ten percent (10%) of the Contract price. 2. Bid Bonds, submitted by the general contract bidder, signed and sealed by the principal (Contractor) and Surety and shall be with an established Surety Company satisfactory to and approved by SSRSB. 3. Where Bid Bond is used as bid security, include the cost of providing the Bid Bond in the Bid Price. 2. Certified Cheque or Bank Draft: 1. Provide a Certified Cheque or Bank Draft for a sum not less than ten per cent (10%) of the amount of the Bid Price. 2. Where Certified Cheque or Bank Draft is used as bid security, include the cost in the Bid Price. 3. Irrevocable Standby Letter of Credit: 1. Provide an Irrevocable Standby Letter of Credit for a sum not less than 10% of the Bid Price. 2. The Irrevocable Standby Letter of Credit shall be issued by a certified financial institution subject to The Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce

9 SSPVECMods16 INSTRUCTIONS TO Document August-2016 BIDDERS Page 6 (ICC) Publication no. 600 ( UCP ). 3. Where Irrevocable Standby Letter of Credit is used as bid security, include the cost in the Bid Price RETURN OF BID SECURITY: 1. The Bid security of the unsuccessful bidders will be returned to them after the Contract has been signed, or previous to such time, at the discretion of SSRSB (for general contract bidders). 2. The above shall apply provided a Contract is awarded to the Contractor within 60 days from the closing date of the Bid. 3. If no contract is awarded, all Bid security will be returned PERFORMANCE ASSURANCE REQUIRED OF GENERAL CONTRACTORS 1. Maintain Performance Assurance in force for a period of not less than twelve (12) months after the issue of the Substantial Performance Certificate certified by SSRSB and until Completion of the Contract. 2. Endorse Performance Assurance as specified for Bid Security. 3. Submit as Performance Assurance one of the following: 1. Where a Bid Bond was used as bid security: 1. Provide a Performance Bond and Labour & Materials Payment bonds as described in the General Conditions of Contract and herein. 2. Within five (5) days after notification of award of the Contract, provide SSRSB with a Performance Bond and Labour & Material Payment Bond each of which shall be on the Department of Transportation and Infrastructure Renewal, Province of Nova Scotia original form acceptable to SSRSB and in an amount equal to fifty per cent (50%) of the amount of the Contract. 3. Include the cost of providing the Performance Bond and Labour & Material Payment bond [and Maintenance Bonds] in the Contract Price BID FORM REQUIREMENTS 1. Contract Time 1. The bidder, in submitting an offer, agrees to achieve Substantial Performance of the work by the date indicated in the Contract Documents. The Substantial

10 SSPVECMods16 INSTRUCTIONS TO Document August-2016 BIDDERS Page 7 Performance date shall be 21-July The bidder, in submitting an offer, agrees that phased construction will be performed in accordance with details as provided in Contract Documents. 3. Refer to Supplementary and General Conditions of contract for inclusion of taxes. 2. Bid Signing 1. The bid form shall be signed under seal by a duly authorized signing officer(s) in their normal signatures. 3. Appendices to the Bid Form 1. Appendix A - Subcontractors 1. Complete listing as scheduled and submit with Bid Form. 2. Names of all Subcontractors should be indicated opposite trades listed on Appendix "A" of the Bid Form. 3. Own forces may only be named in appendix "A" when the Contractor is equipped to carry out and normally carries out the Work noted. Work must be carried out by those named on Appendix "A" OFFER ACCEPTANCE/REJECTION 1. Duration of Offer 1. Bids shall remain open to acceptance and shall be irrevocable for a period of sixty (60) days after the bid closing date. 2. Award/Selection: 1. In the evaluation of a bid, the Contracting Authority will consider but not be limited to the following criteria: 1. Bid price submitted. 2. Compliance with Bid Documents. 3. The experience of the bidder with similar projects in size and scope. 4. Completion date. 2. After determination of preferred bidder, consideration will be given to Alternatives and Contract Price adjustments if applicable. 2. Acceptance of Offer 1. SSRSB reserves the right to accept or reject any or all offers or to accept any offer deemed most satisfactory. SSRSB reserves the right to waive any informality in any or all Bids. 2. After acceptance by SSRSB, SSRSB will issue to the successful bidder, a written bid acceptance. 3. After acceptance by SSRSB, the successful Bidder shall be notified in writing of acceptance of bid and in addition, will be issued a Purchase Order by SSRSB. 4. After a bid has been accepted, all Bidders will be advised.

11 SSPVECMods16 INSTRUCTIONS TO Document August-2016 BIDDERS Page AGREEMENT 1. The successful Bidder shall enter into an Agreement on the form attached POST-BID SUBMISSIONS 1. Provide after close of bid period, but before award of Contract, when requested by SSRSB a copy of the following documents: 1. Provide the following within 48 hours of request in order to be eligible to receive award of contract. 1. Safety Certificate: A safety certificate issued jointly by the Workers Compensation Board (WCB) and an occupational health and safety organization approved by the Workers Compensation Board, or a valid letter of good standing from an occupational health and safety organization approved by the WCB indicating the contractor is in the process of qualifying for safety certification. For a list of Workers Compensation Board approved audit service providers, see wcb.ns.ca 2. Worker s Compensation Coverage: Evidence of an account with the Workers Compensation Board, coverage under the Workers Compensation Act, R.S.N.S. and a Clearance letter indicating the bidder is in good standing. 2. The Contractor shall provide within ten (10) days after award of Contract a copy of the following specified post-bid submissions provided by each Subcontractor to the General Contractor. 1. Safety Certificate: A Safety certificate issued jointly by the Workers Compensation Board (WCB) and an occupational health and safety organization approved by the Workers Compensation Board, or a valid letter of good standing from an occupational health and safety organization approved by the WCB indicating the contractor is in the process of qualifying for the Safety certification. For a list of Workers Compensation Board approved audit service providers, see wcb.ns.ca 2. Workers Compensation Coverage: Evidence of an account with the Workers Compensation Board, coverage under the Workers Compensation Act, R.S.N.S. and a Clearance letter indicating the Subcontractor is in good standing. 3. Contractors Personnel 1. The Contractor shall provide after close of bid, but before award of the Contract, when requested by SSRSB a copy of the Contractor s Personnel as required in the

12 General Conditions of the Contract. This submission shall include: 1. The name and qualifications of those individuals which will be appointed to fulfill the requirement of Construction Project Site Superintendent, Project manager and Project Coordinator. 2. SSRSB reserves the right to accept or reject the Contractor s appointed individuals should they not meet the requirements of the General Conditions. 4. All post bid submissions must be received by SSRSB in the manner prescribed above, or prior to commencement of Work and delivery of materials on-site, whichever occurs first TAXES 1. Harmonized Sales Tax 1. Refer to GC 41 - Taxes.

13 Tender No. SSPVECMods16 SSRSB BID FORM Document Page 1 of 3 SUBMITTED BY: The undersigned Bidder agrees to provide all necessary equipment, tools, labour, incidentals and other means of construction to do all the Work and furnish all the materials of the specified requirements which are necessary to complete the work in accordance with the Contract and agrees to accept, therefore, as payment in full, the Contract Price of: /100 Dollars ($ ) (HST Excluded) Contract Price to be completed in written form on the lines provided above, with cents expressed as numerical fraction of a dollar. Contract price to be completed in numerical form on the line bounded by parenthesis above, with cents expressed as a decimal of a dollar. WHERE THERE IS A CONFLICT, WRITTEN WORD WILL GOVERN. The undersigned Bidder agrees if awarded the Contract on this Bid to achieve Substantial Performance of the Work on or before 21-July-2017, providing contract is awarded within ten (10) calendar days of close of bid closing time. 1. The Bidder agrees that he has: 1. Carefully examined the site of the work described herein; become familiar with local conditions and the character and the extent of the work; carefully examined every part of the proposed Contract and thoroughly understands its stipulations, requirements and provisions. 2. Determined the quality and quantity of materials required; investigated the location and determined the source of supply of the materials required; investigated labour conditions; and has arranged for the continuous prosecution of the work herein described. 3. Noted that the Harmonized Sales Tax is excluded from the Contract Price. (See Article GC41 of "General Conditions of Contract".)

14 Tender No. SSPVECMods16 SSRSB BID FORM Document Page 2 of 3 2. SSRSB agrees to examine this Bid and in consideration, therefore, the Bidder hereby agrees not to revoke this Bid: 2. until some other Bidder has entered into the Contract with the SSRSB for the performance of the work and the supply of the materials specified in the notice inviting Bids or in the Instructions to Bidders, or 3. until sixty (60) days after the time fixed in the Instructions to Bidders for receiving Bids has expired, Whichever first occurs; provided, however, that the Bidder may revoke this Bid at any time before the time fixed in the Instructions to Bidders for receiving Bids has expired upon receipt by the SSRSB from the Bidder of written notice of such revocation before said time has expired. 1. The Bidder hereby agrees to be bound by the award of the Contract and if awarded the Contract on this Bid to execute the required Contract within ten (10) days after notice of award. 2. The Bidder declares that he has obtained from the Subcontractors all Bid Security required to be provided by Subcontractors pursuant to the "Instructions to Bidders. 3. The Bidder hereby acknowledges receipt of the following addenda: ADDENDUM NO. ADDENDUM DATED NUMBER OF PAGES Addendum + Attachments (Not including Cover Letters)

15 Tender No. SSPVECMods16 SSRSB BID FORM Document Page 3 of 3 The undersigned Bidder declares that this Bid is made without connection with any other person(s) submitting Bids for the same work and is in all respects fair and without collusion or fraud. Dated this day of, 20 Bidder's Name (Please Print) BIDDER'S SIGNATURE COMPANY ADDRESS PHONE

16 TENDER PRICE AMENDMENT FORM Tender Number: SSPVECMods16 Amendment Number: (To be completed and forwarded to the SSRSB Procurement Analyst for each Bid Price adjustment prior to bid closing time and date as requested in the Instructions to Bidders and related Addendum) Lump Sum Price Amendment Increase Bid by $ or Decrease Bid by $ Attachments included: No Yes If Yes above, check Υ and complete information regarding Attachments: Revised Bid Form: Revised Appendix A: Other: Specify: dated no of pages dated no of pages dated no of pages Submitted by: Company Name (please print name as it appears on original tender envelope) Authorized Bidder s Name (please print name as it appears on Bid Form) Authorized Bidder s Signature

17 APPENDIX "A" TO BID FORM Document SSPVECMods16 SUBCONTRACTORS 26-August-2016 Indicate name of subcontractor that you plan to use for any applicable section. Subcontractor Demolition Clearing Earthwork Foundation Drainage Chain Link Fences Lawns Trees, Plants and Cover Crushed Stone Paving Asphaltic Concrete Paving Concrete Paving & Curbs Precast Concrete Pavers Water System Sewer System Concrete Formwork Concrete Reinforcement Cast-In-Place Concrete Concrete Floor Finishing Structural Precast Concrete Precast Concrete Wall Panels Cellular Concrete Slabs Unit Masonry Structural Steel Steel Joists Metal Deck Metal Fabrications Steel Stairs & Railings

18 APPENDIX "A" TO BID FORM Document SSPVECMods16 SUBCONTRACTORS 26-August-2016 Rough Carpentry Prefabricated Structural Wood Finish Carpentry Bituminous Membrane Waterproofing Metallic Waterproofing Hot Applied Elastomeric Waterproofing Cold Applied Elastomeric Waterproofing Elastomeric Waterproof Traffic Coating Bituminous Damp proofing Building Insulation Mineral Fibre Spray-on Fireproofing Asphalt Shingles Wood Shingles Preformed Metal Roofing and Siding Membrane Roofing and Roof Insulation Insulated Membrane Roofing Flashing and Sheet Metal Joint Sealants Hollow Metal Doors Pressed Steel Frames Wood Doors Sliding Metal Fire Doors Subcontractor

19 APPENDIX "A" TO BID FORM Document SSPVECMods16 SUBCONTRACTORS 26-August-2016 Overhead Metal Coiling Doors Aluminum Entrances and Screens Sectional Overhead Doors Subcontractor Aluminum Windows Wood Windows Finish Hardware Glazing Furring and Lathing Gypsum Plaster Portland Cement Plaster Gypsum Board Tile Portland Cement Terrazzo Acoustical Unit Ceilings Wood Flooring Resilient Flooring Carpeting Epoxy Marble Chip Flooring Seamless Quartz Flooring Mastic Asphalt Flooring Floor Sealing Special Coatings Painting and Finishing Wall Covering Chalkboards and Tackboards

20 APPENDIX "A" TO BID FORM Document SSPVECMods16 SUBCONTRACTORS 26-August-2016 Compartments and Cubicles Louvres and Vents Lockers Folding Partitions Metal Storage Shelving Washroom, Toilet and Bath Accessories Miscellaneous Specialties Food Service Equipment Athletic Equipment Laboratory Equipment Library Equipment Theatre Equipment Drapery and Curtains Seating Greenhouse Prefabricated Steel Building Dumbwaiters Elevators Moving Stairs and Walks Mechanical Fire Protection Electrical Subcontractor SUBMITTED BY: END

21 FORM OF Document SSPVECMods16 AGREEMENT Page 1 26-August AGREEMENT BETWEEN SSRSB AND CONTRACTOR.1 The Agreement between the SSRSB and Contractor shall be the Province of Nova Scotia, Department of Transportation and Infrastructure Renewal Standard Form of Agreement between SSRSB and Contractor, a copy of which is bound herein at the end of this document. END

22 PROVINCE OF NOVA SCOTIA DEPARTMENT OF TRANSPORTATION AND INFRASTRUCTURE RENEWAL STANDARD FORM OF AGREEMENT BETWEEN SSRSB AND CONTRACTOR where the basis of payment is a STIPULATED SUM This Agreement made in duplicate the day of in the year Two Thousand and by and between herein (and in the General Conditions) called the "Contractor" AND Her Majesty Queen Elizabeth the Second in the Right of the Province of Nova Scotia as represented by the South Shore Regional School Board, Province of Nova Scotia, herein (and in the General Conditions) called the SSRSB. WITNESSETH: That the Contractor and the SSRSB for the considerations hereinafter indicated undertake and agree as follows: ARTICLE I. The "General Conditions of the Contract" are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations thereof had been embodied herein. ARTICLE II. The Contractor undertakes and agrees: a. to provide all the materials and to perform all the work shown on the Drawings and described in the Specifications entitled: which have been signed in duplicate for identification by both the parties and which were prepared by:...

23 STANDARD FORM OF AGREEMENT BETWEEN SSRSB AND CONTRACTOR Page 2 with acting as and herein (and in the General Conditions) entitled the "Project Manager" AND b. to do and fulfill everything indicated by the Agreement and the General Conditions of the Contract, the Specifications and Drawings, AND c. to complete substantially all the work on or before 21-July ARTICLE III. The SSRSB undertakes and agrees as follows: a. To pay the Contractor in lawful money of Canada for the performance of the Contract: and /100 dollars ($ ) subject to additions and deductions as provided in the General Conditions of the Contract. b. Based upon Applications for Payment submitted to the Project Manager by the Contractor and Certificates for Payment issued by the Project Manager, to make progress payments on account of the Contract Price to the Contractor as provided below and elsewhere in the Contract Documents. c. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

24 STANDARD FORM OF AGREEMENT BETWEEN SSRSB AND CONTRACTOR Page 3 d. Provided an Application for Payment is received by the Project Manager not later than the first day of a month, the SSRSB shall make payment to the Contractor not later than the first day of the next month. If an Application for Payment is received by the Project Manager after the application date fixed above, payment shall be made by the SSRSB not later than 30 calendar days after the Project Manager receives the Application for Payment. e. Each Application for Payment shall be based upon the Schedule of Values - Document DC submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values - Document DC shall allocate the entire Contract Price among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Project Manager may require. This Schedule, unless objected to by the Project Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. f. Applications for Payment shall indicate the percentage for completion of each portion of the Work as of the end of the period covered by the Application for Payment. g. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:.1 Take that portion of the Contract Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Price allocated to that portion of the Work in the Schedule of Values - Document DC250-09, less retainage of ten percent (10%). Pending final determination of cost to the SSRSB of changes in the Work, amounts not in dispute may be included even though the Contract Price has not yet been adjusted by Change Order..2 Add the portion of the Contract Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the SSRSB, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent (10%)..3 Subtract the aggregate of previous payments made by the SSRSB..4 Subtract amounts, if any, for which the Project Manager has withheld or nullified.

25 STANDARD FORM OF AGREEMENT BETWEEN SSRSB AND CONTRACTOR Page 4 h. The progress payment amount determined in accordance with Article III, paragraph "g" shall be further modified under the following circumstances:.1 Add, upon Substantial Performance of the Work, a sum sufficient to increase the total payments to ninety seven and one-half percent (97.5%) of the Contract Price, less the retainage of ten percent (10%) and such amounts as the Project Manager shall determine for incomplete Work. The retainage of ten percent (10%) shall be payable ten (10) days following the expiration of the lien period set out in the Builders Lien Act, except that the SSRSB may retain such sums necessary to satisfy any liens..2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Article III, paragraph "I". i 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 SSRSB may withhold a sufficient and reasonable sum until the uncompleted work is finished and such as will adequately protect the SSRSB in connection with his responsibilities. j. Final payment, constituting the entire unpaid balance of the Contract Price, shall be made by the SSRSB to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph.1 of GC16 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a Final Certificate for Payment has been issued by the Project Manager; such final payment shall be made by the SSRSB not more than thirty (30) days after the issuance of the Project Manager s Final Certificate for Payment except that the SSRSB may retain such sums as necessary under the Builder s Lien Act. ARTICLE IV. The Contractor and the SSRSB for themselves, their successors, 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 Bid, Instructions to Bidders, General Conditions of the Contract, Supplementary General Conditions of the Contract, the Specifications and Drawings constitute the Contract, and that the following is an exact enumeration of the Specifications and Drawings:

26 ARTICLE V. STANDARD FORM OF AGREEMENT BETWEEN SSRSB AND CONTRACTOR Page 5 If and whenever the SSRSB 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 Mail to the Contractor at: and will be considered as having been so given at the time of the deposit thereof in the Post Office. IN WITNESS WHEREOF the parties hereto have executed this Agreement in the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of Name of Witness (Please Print) Name of Contractor (Please Print)...SEAL... Signature of Witness Signature of Contractor Name of Witness (Please Print) Name of the SSRSB Director of Finance...SEAL... Signature of Witness Signature of SSRSB Director of Finance END

27 NS DTIR Master GENERAL CONDITIONS Document SSPVECMods16 OF THE CONTRACT Page 1 1. STANDARD FORM.1 The Province of Nova Scotia Department of Transportation and Infrastructure Renewal General Conditions of Contract are part of this Specification, a copy of which is bound herein at the end of this document..2 The General Conditions, including Supplementary Conditions - Document and any further modifications, shall become part of the contract and shall apply to all contractors and subcontractor..3 The terms Minister and SSRSB shall be considered equal in the following documents. END

28 PROVINCE OF NOVA SCOTIA DEPARTMENT OF TRANSPORTATION AND INFRASTRUCTURE RENEWAL GENERAL CONDITIONS OF CONTRACT GC1 DEFINITIONS GC22 IRREVOCABLE STANDBY LETTER OF CREDIT GC2 DOCUMENTS GC23 CHANGES IN WORK GC3 DETAIL DRAWINGS AND INSTRUCTIONS GC24 VALUATION OF CHANGES GC4 COPIES FURNISHED GC25 CLAIMS AGAINST CONTRACTOR GC5 SHOP DRAWINGS GC26 CERTIFICATES AND PAYMENTS GC6 DRAWINGS AND SPECIFICATIONS ON THE WORK GC27 PERMITS, NOTICES, LAWS AND RULES GC7 OWNERSHIP OF DRAWINGS AND MODELS GC28 PATENT FEES GC8 SAMPLES GC29 USE OF PREMISES GC9 PROJECT MANAGER AND CONTRACTOR GC30 CLEANING UP GC10 PROJECT MANAGER S DECISIONS GC31 CUTTING, PATCHING AND DIGGING GC11 CONTRACTOR S PERSONNEL GC32 DELAYS GC12 MATERIALS, APPLIANCES AND EMPLOYEES GC33 SSRSB S RIGHT TO DO WORK GC13 INSPECTION OF WORK GC34 SSRSB S RIGHT TO TERMINATE CONTRACT GC14 CORRECTION BEFORE FINAL PAYMENT GC35 CONTRACTOR S RIGHT TO STOP WORK OR TERMINATE CONTRACT GC15 DEDUCTIONS FOR UNCORRECTED WORK GC36 MUTUAL RESPONSIBILITY OF CONTRACTORS GC16 CORRECTION AFTER FINAL PAYMENT GC37 SEPARATE CONTRACTS GC17 PROTECTION OF WORK AND PROPERTY GC38 ASSIGNMENT GC18 EMERGENCIES GC39 SUB-CONTRACTS GC19 WORKERS COMPENSATION ACT GC40 RELATIONS OF CONTRACTOR AND SUBCONTRACTOR GC20 INSURANCE GC41 TAXES GC21 GUARANTY BONDS GC42 PROGRESS ESTIMATES GC43 GC44 GC45 APPLICATION FOR PAYMENT PAYMENT RELATIONSHIP OF SSRSB AND CONTRACTOR

29 GENERAL CONDITIONS Page 2 GC1 DEFINITIONS The following Definitions shall apply to all Contract Documents..1 The Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties..2 Contract Documents The Contract Documents consist of those documents listed in ARTICLE IV OF THE AGREEMENT and subsequent amendments thereto made pursuant to the provisions of the Contract and agreed upon between the parties..3 SSRSB SSRSB is identified as such in the Agreement. The term SSRSB means the South Shore Regional School Board or his authorized representative as designated to the Contractor in writing but does not include the Project Manager. Where the term Owner appears in the contract it shall be read as SSRSB..4 Project Manager The Project Manager is the person, firm or corporation identified as such in the Agreement. The term Project Manager means the Project Manager or his authorized representative as designated to the SSRSB in writing. Where no Project Manager exists on the project the term Project Manager shall be read as SSRSB..5 Contractor The Contractor is the person, firm or corporation identified as such in the Agreement. The term Contractor means the contractor or his authorized representative as designated to the SSRSB in writing..6 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, 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..7 Supplier One who furnishes material not worked to a special design..8 Other Contractor Other Contractor means a person, firm or corporation employed by or having a

30 GENERAL CONDITIONS Page 3 separate contract directly or indirectly with the SSRSB for work other than that required by the Contract Documents..9 Project The Project means the total construction contemplated of which the Work may be the whole or a part..10 The Work The Work means the total construction and related services required by the Contract Documents..11 Place of Work The Place of the Work is the designated site or location of the Project of which the Work may be the whole or a part..12 Products Products means material, machinery, equipment and fixtures forming the Work 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..13 Time (a) The Contract Time is the time stipulated in the Contract Documents for Substantial Performance of the Work. (b) The date of Substantial Performance of the Work is the date certified as such by the Project Manager. (c) Day means the calendar day. (d) Working Day means days other than Saturdays, Sundays and holidays which are observed by the construction industry in the area of the Place of Work..14 Change in the Work Change in the Work means an addition, deletion, or other revision to the Work within the general scope of the Contract Documents..15 Extra Work Extra work means any work or service, the performance of which is beyond the general scope for the Contract Documents..16 Contemplated Change Order (CCO) If a change arises on the project, the Project Manager will discuss the change with DTIR Project Manager. Upon approval, the Project Manager will detail the change on CCO forms provided by DTIR. This CCO, along with the Project Manager s letter

31 GENERAL CONDITIONS Page 4 explaining the reason for the contemplated change and an estimate of the costs involved, will be forwarded to DTIR for formal approval. At the same time, the Project Manager is to forward a copy of the CCO to the Contractor to expedite pricing..17 Change Order A Change Order is a written instrument prepared by the Project Manager and signed by the SSRSB, with written recommendation from the Project Manager stating their agreement upon all of the following:.1 A Change in the Work or Extra Work;.2 the change in the Contract Price, if any;.3 the change in the Contract time, if any..18 Change Directive A Change Directive is a written order prepared by the Project Manager and signed by the SSRSB and Project Manager, directing a Change in the Work and stating a proposed basis for adjustment, if any, in the Contract Price or Contract time, or both. A Change Directive is used in the absence of total agreement necessary for a Change Order..19 Substantial Performance of the Work Substantial Performance shall have been reached when the Work is ready for use or is being used for the purpose intended and when the work to be done under this Contract is capable of completion or correction at a cost of not more than two and one half percent of the contract price as so certified by the Project Manager and the SSRSB..20 Completion of Work Completion shall have been reached when the Work, including all deficiencies documented during the Substantial Performance Inspection have been corrected as so certified by the Project Manager and/or the SSRSB..21 Completion of the Contract Completion of the Contract shall have been reached when the work has been certified as being complete and any deficiencies documented during the specified warranty period have been corrected as so certified by the Project Manager and/or the SSRSB. GC2 DOCUMENTS.1 The Contract Documents shall be signed in duplicate by the SSRSB and Contractor..2 The Contract Documents are complementary and what is called for by any one shall be

32 GENERAL CONDITIONS Page 5 as binding as if called for by all..3 The intent of the Contract Documents is to include the labour, products and services necessary for the performance of the Work in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, covered by or properly inferable from the Contract Documents..4 Descriptions of materials or Work in words which so applied have well known technical or trade meanings shall be held to refer to such recognized meanings..5 References to SSRSB, Project Manager, Contractor, Subcontractor, supplier and manufacturer is referred to throughout the Contract Documents as if singular in number and masculine in gender..6 In the event of conflicts between Contract Documents the following shall apply: (a) (b) (c) (d) (e) (f) (g) (h) Documents of later date shall govern. Figured dimensions shown on a Drawing shall govern even though they may differ from dimensions scaled on the same Drawing. Drawings of larger scale shall govern over those of smaller scale of the same date. Schedules shall rule over drawings. Specifications shall govern over Drawings and Schedules. The General Conditions shall govern over Specifications. Supplementary Conditions shall govern over the General Conditions. The executed Agreement between the SSRSB and Contractor shall govern over all documents. GC3 DETAIL DRAWINGS & 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, consistent with the intent of the Contract Documents..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

33 GENERAL CONDITIONS Page 6 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. GC4 COPIES FURNISHED.1 In addition to the signed duplicates of the Contract Documents, the SSRSB shall furnish to the Contractor, free of charge, a maximum of 20 copies of all Drawings and Specifications for the proper execution of the Work. All additional copies shall be supplied by the SSRSB and charged at cost to the Contractor. GC5 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 shop and setting drawings the Contractor shall notify the Project Manager in writing of changes made therein from the Project Manager's Drawings or Specifications. The Project Manager's approval of such Drawings or of the revised Drawings shall not relieve the Contractor from responsibility for errors made by the Contractor therein or for changes made from the Project Manager's Drawings or Specifications not covered by the Contractor's written notification to the Project Manager. All models and templates submitted shall conform to the spirit and intent of the Contract Documents. GC6 DRAWINGS & SPECIFICATIONS ON THE WORK.1 The Contractor shall keep one copy of all Drawings and Specifications on the Work, in good order, available to the Project Manager and his representatives. GC7 OWNERSHIP OF DRAWINGS & MODELS.1 All Drawings, Specifications and copies thereof and all models furnished by the Project Manager are his property. They are not to be used on other Work and with the exception of the signed Contract Set of Drawings and Specifications, are to be

34 GENERAL CONDITIONS Page 7 returned to him on request on the completion of the Work. GC8 SAMPLES.1 The Contractor shall furnish for the Project Manager's approval such samples as he may reasonably require. The Work shall be in accordance with approved samples. GC9 PROJECT MANAGER & CONTRACTOR.1 The Project Manager shall have general supervision and direction of the Work, but the Contractor shall have complete control, subject to GC11 of his organization. GC10 PROJECT MANAGER'S DECISION.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, but should the Contractor hold such decisions to be at variance with the contract Documents, or to involve changes in work already built, fixed, ordered or in hand in excess of the Contract or to be given in error, he shall notify the Project Manager in writing before proceeding to carry them out. GC11 CONTRACTOR S PERSONNEL.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 employ. The foreman shall represent the Contractor in his absence and directions on minor matters given to him shall be held to be given to the Contractor. Important directions shall be given in writing to the Contractor. The Contractor shall give efficient supervision to the Work, using his best skill and attention. GC12 MATERIALS, APPLIANCES AND 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 the Work.

35 GENERAL CONDITIONS Page 8.2 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 him. GC13 INSPECTION OF WORK.1 The SSRSB or the Project Manager on his 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 authority 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 made promptly. If any such 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 Work be found in accordance with the Contract, the SSRSB shall pay the cost of reexamination and replacement. If such Work be found not in accordance with the Contract, through the fault of the Contractor, the Contractor shall pay such cost. GC14 CORRECTION BEFORE FINAL PAYMENT.1 The Contractor shall promptly remove from the premises all materials 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 own Work in accordance with the Contract and without expense to the SSRSB 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 SSRSB may remove them 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 SSRSB may, upon ten days' notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof,