T E N D E R Tender # T Washroom Upgrades Carnegie Building

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T E N D E R Tender # 2010-085102T Washroom Upgrades Carnegie Building Sealed tenders addressed to the Purchasing Agent, c/o Materials and Fleet Management, 2 nd Floor, 175 Rothesay Avenue, P.O. Box 1971, Saint John, N.B., E2J 2B4 and marked on the envelope: "Tender # 2010-085102T Washroom Upgrades Carnegie Building will be received until 2:30 p.m., Wednesday, December 15, 2010 for the provision of all labour, materials, equipment, accessories, etc., necessary for the upgrading of the basement washrooms at the Carnegie Building as per the enclosed specifications, drawing, terms and conditions. Tenders will be opened publicly by the Tender Opening Committee, in the second floor boardroom, 175 Rothesay Avenue, Municipal Operations Complex, immediately following the tender closing time. The lowest or any tender not necessarily accepted. Chris Roberts, CPP Buyer (506) 658-2979

T E N D E R Tender # 2010-085102T Washroom Upgrades Carnegie Building SCOPE OF WORK To provide all labour, materials, equipment, accessories, etc., necessary for the upgrading of the basement washrooms at the Carnegie Building. Work is to be performed as per the enclosed specifications (appendix A), drawings (appendix B), terms and conditions. TERMS AND CONDITIONS: 1. INQUIRIES: 2. BID: All questions related to this tender are to be directed to: Chris Roberts, CPP Buyer Materials Management (506) 658-2979 (Ph) (506) 658-4742 (Fx) chris.roberts@saintjohn.ca Inquiries are to be in writing and are to be submitted no later than 7 days before the closing date. Please BID your net price on each of the above commodities or services, F.O.B. Saint John, NB, prepaid. 3. PAYMENT: Payment shall be based on Net 45 Days from date of invoice or receipt of goods, whichever is later. Invoices are to be sent to Finance Dept., Accts Payable, P.O. Box 1971, Saint John, NB, E2L 4L1 4. TAXES: The BID price shall be HST excluded. 5. PRICING: The bid price shall include all wages, fringe benefits, insurance, transportation, working tools, equipment costs, etc. and other charges incurred to provide the required services.

2010-085102T Washroom Upgrades Carnegie Building Page 3 6. DUE DILIGENCE: In the event that a health and safety offence is committed, the onus falls on the employer to prove that it exercised due diligence (i.e. did everything it reasonably could) in order to avoid the offence. When hiring contractors, the City of Saint John is responsible for ensuring compliance with Health and Safety Legislation and must make sure that the appropriate accident prevention systems are implemented in the work place. Therefore, if any contractor is found to be working in an unsafe manner, or outside of current legislation, he will be made to stop work immediately. Any losses which may arise as a result of this work stoppage are the responsibility of the contractor. Failure to comply with current legislation on the part of the contractor, may lead to cancellation of this contract and any tender deposits that may be in place. 7. INSURANCE: The successful contractor shall provide evidence of the following insurance coverage: 1) General liability with minimum limits of one million dollars, ($2,000,000.00). The policy shall include: Operations of the contractor in connection with this tender; Products and completed operations coverage: Contractual liability with respect to this tender; The City of Saint John added as an additional insured: Thirty (30) days notice of cancellation of this policy "will" be given to the City of Saint John, by the insurers ( will endeavour to will not be acceptable). non-owned automobile; 2) Standard automobile insurance for owned automobiles with at least the minimum limits allowed by law. 8. WORKERS COMPENSATION: The successful bidder must provide proof of current coverage from the New Brunswick Workers Compensation Board prior to a contract/purchase order being issued. 9. EXPLANATION TO BIDDERS: No verbal agreement or conservation with any officer, agent or employee of the owner either before or after execution of the contract shall affect or modify any of the terms or obligations contained in any of the documents comprising the said contract. 10. TIME LIMIT: Bids received after the time and date as shown on the tender shall not be considered, and will be returned unopened to the bidder.

2010-085102T Washroom Upgrades Carnegie Building Page 4 11. ACCEPTANCE, REVOCATION AND REJECTION OF TENDERS: The bidder agrees that his tender is a firm offer to supply the goods and/or services specified herein at the quoted price, and in accordance with the terms and conditions herein contained. The bidder may revoke his tender at any time prior to the time fixed for tender opening by delivering, or causing to be delivered, written notice of revocation to the designated official at the City of Saint John. Revocation will take effect from the time the notice is actually received. A notice of revocation will not be accepted after the time fixed for tender opening. 12. ACCEPTANCE, REVOCATION AND REJECTION OF TENDERS: The bid shall not be restricted by a statement added to the Tender Form, or by a covering letter, or by alterations to the tender form as supplied, unless otherwise provided herein and further, a tender form that has been altered in any way may be deemed to be a non confirming bid and, therefore, rejected. Bidders shall be allowed to attach descriptive literature, whose sole purpose is to amplify the bid. 13. ACCEPTANCE, REVOCATION AND REJECTION OF TENDERS: The tender constitutes an offer which shall remain open and irrevocable until 60 days after the date of the tender opening. 14. ACCEPTANCE, REVOCATION AND REJECTION OF TENDERS: The City of Saint John does not bind itself to accepting the lowest or any tender received, but reserves the right to award the tender to its best advantage. 15. EXAMINATION OF PREMISES: The contractors bidding this job shall visit the job site and familiarize themselves with the existing site conditions. Contractors shall make allowances in their bid price in order to complete specified work, taking into account the existing site conditions. No compensation shall be considered for additional expenditures incurred later, through failure to do so. Dimensions are approximate; therefore, it is the responsibility of the bidder to take measurements as required. 16. PERMITS AND REGULATIONS: All contractors shall obtain and pay for any and all permits required by the authorities having jurisdiction, and arrange for all inspections of the work by these authorities. 17. REQUIREMENTS FOR FINAL INSPECTION: All items must be completed prior to final inspection. No exceptions will be made and final payment will be delayed until all items are complete.

2010-085102T Washroom Upgrades Carnegie Building Page 5 18. INSTALLATIONS: All electrical installation to be in accordance with the 2006 Canadian Electrical Code and CSA codes and also all installations shall be performed in accordance with manufacturer s requirements and approvals. Licensed electrician shall be on site at all times during project working hours. 19. CANCELLATION CLAUSE: In the event that the successful bidder does not comply with the specifications and terms and conditions of this tender, at any time throughout the duration of the contract, the City of Saint John reserves the right to cancel the contract in it s entirety with thirty (30) days prior written notice. 20. CANCELLATION CLAUSE: The City reserves the right to reject a tender from parties who fail to satisfy the City that they have sufficient knowledge and experience to provide the required services. 21. SUPERVISION: The bidder will exercise competent supervision of work at all times through a supervisor who has authority to receive, on behalf of the bidder, any order or communications relating to the work. Any supervisor or worker who is not acceptable to the owner by reason of incompetence, improper conduct, etc. shall be removed from the site of the work and replaced forthwith. 22. INDEMNIFICATION: The contractor agrees to indemnify and save harmless the City of Saint John from and against all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever which may occur through the performance of this contract. 23. OWNER ACCESSIBILITY: This contractor shall schedule his work so as to cause the least amount of disruption to the daily routine of the tenants. Existing equipment to be removed, and cutting and patching for new equipment shall be done in such a way so as to cause the least amount of interference. This contractor shall ensure all openings are completed or closed up, and all debris is completely cleaned up, at the end of each working day. 24. CLEANING UP: The contractor shall remove, at his own expense, from the owner s property and from all public and private property, all temporary structures, garbage and waste materials resulting from his operations. This requirement shall not apply to property used for permanent disposal of rubbish or waste materials in accordance with permission of such

2010-085102T Washroom Upgrades Carnegie Building Page 6 waste materials in accordance with permission of such disposal granted to the contractor by the owner thereof. 25. QUALITY OF MATERIALS: Unless otherwise specified, all materials incorporated in the permanent work shall be new and both workmanship and materials shall be of good quality and comply with City specifications. The contractors shall, if required, furnish satisfactory evidence as to the quality of materials 26. ADVISORY/ADDENDUM Periodically, the City of Saint John is required to issue notification of changes or corrections to a bid document. Normally these notifications will have direct bearing on the cost of a project and will influence the way Tenderers bid. Therefore, it is important that the city have assurances that Tenderers have received the notification(s). In the case of an advisory notice, these are faxed to the Tenderers and are accompanied by a cover sheet. Tenderers are instructed to sign the cover sheet and return it either by fax or in person, to the Purchasing Agent, prior to the tender closing. Addendums are either faxed, mailed or hand delivered. Each addendum contains a notification which requires Tenderers to sign and include the addendum with their tender bid. Failure to comply with the instructions on an advisory or addendum will result in rejection of the tender, regardless whether the changes noted in the advisory or addendum are included in the tender or not. 27. DEFICIENCIES: For a period of one (1) year from the date of acceptance of any work, the contractor shall, at his expense, remedy all deficiencies performed or provided under this contract. 28. GUARANTEE: The contractor shall guarantee all material and equipment installed by him, or incurred under this contract, for a period of one year, after date of acceptance by the owner. 29. TENDERS: Tenders received by fax WILL NOT be accepted. Tenders must be submitted on the enclosed Form of Tender (appendix C), tenders not submitted on said form will be rejected. 30. REGISTRATIONS AND LICENCES The contractor shall possess all registrations and licenses as required by City, Provincial and Federal by-laws and regulations to operate and perform work under this contract.

2010-085102T Washroom Upgrades Carnegie Building Page 7 31. HOURS OF WORK The definition of regular time shall be from 8:00 am to 5:00 p.m. Monday through Friday inclusive. The definition of overtime shall be all other hours of the day and night, including weekends and statutory holidays. 32. BID DEPOSIT A bid deposit in the form of a certified cheque, bank draft, money order or bid bond, payable to the City of Saint John, in the amount of 10% of the tendered price must accompany each tender. 33. PERFORMANCE DEPOSIT Upon award, and within 14 days of award, the successful bidder shall provide the City of Saint John, with a certified cheque in the amount of twenty (20) percent of the tendered price or a labour and material performance bond in the amount of fifty (50) percent of the tendered price to be held as a performance deposit, before the issuance of a contract/purchase order. In the event that the contractor fails to complete this work in accordance with the specifications and conditions, or within the time stated in the form of tender, his deposit will be forfeited to the City.

TENDER # 2010-085102T WASHROOM UPGRADES CARNEGIE BUILDING APPENDIX A TECHNICAL SPECIFICATIONS

TENDER # 2010-085102T WASHROOM UPGRADES CARNEGIE BUILDING APPENDIX B DRAWINGS

LIST OF DRAWINGS: A1

TENDER # 2010-085102T WASHROOM UPGRADES CARNEGIE BUILDING APPENDIX C FORM OF TENDER

FORM OF TENDER TENDER # 2010-085102T WASHROOM UPGRADES CARNEGIE BUILDING The undersigned bidder has carefully examined the specifications and scope of work, and also visited the premises to become familiar with the conditions, character and extent of work. The undersigned bidder has determined the quality and quantity of labour, materials and equipment required, and has the capability to comply with the terms and conditions herein described. The undersigned bidder further agrees to provide all necessary equipment, tools, labour and materials which are necessary to complete the work in accordance with the contract and agrees to accept, therefore, in payment in full, in accordance with the specifications, and terms and conditions, the sum of: $ (all taxes extra) TERMS: NET 45 DAYS. REMARKS: COMPANY: SIGNATURE: NAME: (PRINT) DATE: TEL.# H.S.T.(OR B.N.)REG.#: FAX #