MANDATORY SITE MEETING

MANDATORY SITE MEETING: 3874 Portage Road (front entrance), Niagara Falls

Tuesday, May 9, 2017 @ 11:00 a.m. Local Time

Closing Date & Location:

Wednesday, May 24, 2017 @ 11:00 a.m. Local Time

TENDER DROP OFF LOCATION (before 11:00 a.m.) Niagara Regional Housing, Campbell East Building

1st Floor Reception, 1815 Sir Isaac Brock Way, P.O. Box 344 Thorold, ON L2V 3Z3

TENDER OPENING (at 11:00 a.m.)

Niagara Regional Housing, Campbell East Building 3rd Floor Boardroom, Room 308, 1815 Sir Isaac Brock Way, P.O. Box 344

Thorold, ON L2V 3Z3

Inquiries Prior to Opening:

Technical: Administrative: Cameron Banach or Kevin Lewis Brenda Dodridge Capital Works Manager Capital Works Project Manager Capital Works Coordinator 905-682-9201 x 3906 905-682-9201 x 3913 905-682-9201x 3927 [email protected] [email protected] [email protected]

PT-17-13

Masonry Repairs

LOCATION:

3874 Portage Road, Niagara Falls

Street Address: Campbell East

1815 Sir Isaac Brock Way, P.O. Box 344 Thorold ON

Mailing Address: 1815 Sir Isaac Brock Way, P.O. Box 344 Thorold ON

Phone: 905-682-9201 Main Fax: 905-687-4844 Web site: www.nrh.ca

mailto:[email protected]



MASONRY REPAIRS

PART 1 – SCOPE OF WORK To supply all labour, material, equipment, transportation and incidentals necessary for the masonry repairs according to the enclosed documentation.

LOCATION: 3874 Portage Road, Niagara Falls JOB TYPE: Masonry Repairs PART II - SPECIFICATION

INDEX Instructions to Bidders Pages 1 - 10

General Conditions Pages 1 - 32

Specifications

Section 01005 General Instructions Pages 1 – 3

Section 01 10 00 Scope of Work Pages 1 – 3

Section 01 33 00 Submittals, Mock-ups and Warranties Pages 1 – 5

Section 04 05 23 Brick Masonry Restoration Pages 1 – 10

Section 07 92 00 Sealants Pages 1 - 5

Drawings

Drawings BR 1.0, BR 2.0, BR 3.0, BR 3.1, BR 3.2, BR 3.3, BR 3.4, BR 4.0

Bid Form – Base Bid

Bid Form – Optional Items

Bid Form – Changes in Work

Bid Form – List of Proposed Sub-Contractors, Suppliers and Products

Bid Submission Form (2)

Schedule 1 – Price Schedule

Schedule 2 – Contractor’s Qualification Statement

Schedule 4 – Conflict of Interest Declaration

Certificate of Insurance

Bonding Sheets- Bid Bond, Performance Bond

Notice of No Bid

Label Template

PT-17-13

Rev, Feb 1, 2016

INSTRUCTIONS TO BIDDERS

Formal Quotes and Public or Invitational Tenders

TABLE OF CONTENTS 1. THE QUOTE/TENDER PROCESS 1.1 Acceptance or Rejection of Quotes/Tenders 1.2 Bid Irregularities 1.3 Addendum 1.4 Access to Site – Site Visit 1.5 Award of Contract 1.6 Work Schedule 2. PREPARING THE QUOTE/TENDER 2.1 Examination of Specifications, Site and Drawings 2.2 Alternatives 2.3 Substitutions, Product Options 2.4 Sub-Contractors 2.5 Preference to Materials, Products and Equipment 2.6 Taxes and Duties 2.7 Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) 3. QUOTE/TENDER SUBMISSION REQUIREMENTS 3.1 Complete Submissions 3.2 Quote/Tender Submission 3.3 Bid Submission Form 3.4 Schedule 1 – Items and Prices 3.5 Schedule 2 - Contractor’s Qualification Statement 3.6 Schedule 3 – Sub Contractors List 3.7 Schedule 4 – Conflict of Interest Declaration 3.8 WSIB 4. SECURITIES

4.1 Bid Security 4.2 Performance Security 4.3 Contractor Experience

Note: The Definitions in the General Conditions apply to these Instructions to Bidders.

Instructions to Bidders Formal Quotes and Public or Invitational Tenders

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1. QUOTE/TENDER PROCESS 1.1 Acceptance or Rejection of Quotes/Tenders 1.1.1 Bidders are to bid on this Quote/Tender in its entirety. 1.1.2 Partial bids will not be accepted. 1.1.3 Under no circumstances will Niagara Regional Housing consider a Quote/Tender which

is: (a) not received at the address given on the front page within the time prescribed

therein; (b) not properly signed; and/or (c) not accompanied by the Bid Security if required.

1.1.4 If the Bidder does not provide performance security and Insurance or other documents in

accordance with the terms of the General Conditions and as required by the General Conditions, and does not execute an agreement with Niagara Regional Housing within the times specified by Niagara Regional Housing, then Niagara Regional Housing may treat the Bidder’s Quote/Tender and any right of the Bidder to contract as terminated, and may retain the bid security and in addition may take such further action as Niagara Regional Housing deems advisable to recover any damages suffered by Niagara Regional Housing.

1.1.5 A Quote/Tender may be withdrawn unopened after it has been deposited, if such request

is received in writing by Niagara Regional Housing prior to the time specified for the Closing Date.

1.1.6 If more than one Quote/Tender is received from an individual, firm, partnership,

corporation or association under the same or different names all such Quote/Tender will be rejected. Any evidence of collusion between bidders will be sufficient to reject all Quotes/Tenders so affected.

1.1.7 Niagara Regional Housing reserves the right in its total discretion to accept or reject any

Quote/Tender, for any location, for any reason whatever and to accept or reject any Quote/Tender if considered in its best interest, and to award by location to one or more bidders. The lowest of any Quote/Tender will not necessarily be accepted.

1.1.8 Niagara Regional Housing may, in its sole discretion, reject a Bid if a bidder:

a) has, at any time, threatened, commenced or engaged in legal claims or litigation against Niagara Regional Housing;

b) is involved in a claim or litigation initiated by Niagara Regional Housing; b) previously provided goods or services to Niagara Regional Housing in an unsatisfactory manner; c) has failed to satisfy an outstanding debt to Niagara Regional Housing;


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d) has a history of illegitimate, frivolous, unreasonable or invalid claims; e) provides incomplete, unrepresentative or unsatisfactory references or receives

unsatisfactory external and/or internal references in a reference check undertaken by Regional Staff, or;

f) has engaged in conduct that leads Niagara Regional Housing to determine that it would not be in Niagara Regional Housing’s best interest to accept the Bid/Proposal.

1.1.9 Modifications to bids will be accepted up to the Closing Date in the following form only:

i) Letter signed by the same authorized representative who signed the Bid Submission

Form. ii) Replacement of the original bid with a new bid.

1.1.10 Failure to comply with all the terms and conditions of this Quote/Tender and failure to

supply all documentation as required herein within the specified time period shall be just cause for cancellation of the award. Niagara Regional Housing shall then have the right to award to any other bidder or to re-Quote/Tender.

1.2 Bid Irregularities 1.2.1 Responses for administering irregularities contained in bids are as follows: Irregularity Response .1 Late Bids Automatic rejection; not read publicly and returned unopened

to the bidder. .2 Unsealed Envelopes Automatic rejection .3 Missing, incomplete or unsigned Automatic rejection Bid Submission Form .4 Insufficient financial security (e.g. Automatic rejection insufficient bid deposit, if requested) .5 Incomplete or missing Schedule 1 48 hours to align Schedule 1

to Bid Submission Form .6 Overwriting not initialed 48 hours to rectify situation Irregularity Response .7 Illegible or obscure bids or bids which Automatic rejection contain additions not called for, erasures, errors or irregularities of any kind


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.8 For lowest bid, documents in which all 48 hours to confirm bid to the necessary Addenda have not been satisfaction of Niagara Regional acknowledged Housing .9 Failure to attend mandatory site visit Automatic rejection (if requested) .10 Bids submitted on documents other than Automatic rejection those provided by Niagara Regional Housing .11 Failure to insert the Bidder’s business 48 hours to rectify situation – be name in the spaces provided in the clear on business name otherwise documents in the package automatic rejection .12 Failure to include signature of the person 48 hours to rectify situation authorized to bind the Bidder in the space provided in the Schedules. .13 Qualified bids (bids qualified or restricted Automatic rejection by an attached statement) .14 Bids completed and/or signed in an Automatic rejection erasable medium .15 No bid deposit, uncertified cheque or Automatic rejection financial security or not an original (eg. a photocopy or a facsimile of a financial security) .16 Signature of witness, if required, 48 hours to rectify situation missing or incomplete .17 Any other irregularities Niagara Regional Housing shall have authority to waive other irregularities or grant 48 hours to initial such other irregularities considered to be minor. 1.3 Addendum 1.3.1 Bidders will be advised by Addendum of all clarifications and/or modifications to the bid

documents.

1.3.2 Addenda shall be faxed or emailed to those contractors who have picked up a package. 1.3.3 All such modifications shall be incorporated into the submission and shall be allowed for

in arriving at the base price.


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1.3.4 Bidders shall insert in the space provided on the Bid Submission Form, the numbers of all addenda. If no Addenda have been received, insert the word “NONE” instead.

1.4 Access to Site – Site Visit 1.4.1 Bidders may arrange a date for access to and inspection of the site by contacting the

Contract Administrator. 1.4.2 If a mandatory site meeting is required, the time and location will be specified on the

front page of the Quote/Tender package. 1.5 Award of Contract 1.5.1 When a Quote/Tender is called for more than one project, a Contract Agreement may be

awarded on the basis of all or any one or more of the projects, unless otherwise stated in the Invitation to Quote/Tender.

1.5.2 Niagara Regional Housing has up to 60 days after the date of Quote/Tender closing to

notify the Bidder that the Quote/Tender is accepted. 1.5.3 The Contractor will be notified through an Intent to Award letter. 1.5.4 The Contractor will be responsible for signing a Contract Agreement with Niagara

Regional Housing. The following documents form part of the Contract: Scope of Work Instructions to Bidders General Conditions Addendum (if applicable) Bid Submission Form Specifications with Appendices Quote/Tender Submission Schedules Drawings Award Letter 1.5.5 Upon receipt of the signed Contract Agreement, insurances and work schedule, Niagara

Regional Housing will issue an Award Letter. 1.5.6 The Contract shall be deemed to be awarded on the date that Niagara Regional Housing

advises the Bidder in writing of such award. 1.6 Work Schedule 1.6.1 Within seven (7) days of receipt of the "Intent to Award Letter", the contractor must submit

a detailed Work Schedule, clearly showing the anticipated progress stages, start and finish date of each construction phase and estimated date of final completion.


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1.6.2 On approval of the Work Schedule by the Contract Administrator, the contractor must proceed to ensure completion of work within the scheduled time. Work is to be undertaken in a continuous manner and if, at any time, one phase falls behind schedule, the contractor must take necessary measures to expedite subsequent phases to maintain or improve on completion date.

2. PREPARING THE QUOTE/TENDER 2.1 Examination of the Site, Specifications and Drawings 2.1.1 Before submitting a Bid, the Bidder must carefully examine the site of the proposed

work, evaluate the existing conditions and limitations and include the amounts in the Quote/Tender to cover the cost of all items required to be done to fulfill the Contract.

2.1.2 The Bidder must report any discrepancy between site conditions and the specifications

and drawings, errors or omissions to Niagara Regional Housing not less than three (3) working days prior to the closing date.

2.1.3 If the Bidder fails to report any discrepancies, errors or omissions to Niagara Regional

Housing, the Bidder will be deemed to have accepted all such specifications and drawings as being accurate and Niagara Regional Housing will not approve any extra charges subsequent to acceptance of the Quote/Tender.

2.2 Alternatives 2.2.1 In some instances, Niagara Regional Housing may request pricing on an alternative. This

will be described within the scope of work. 2.3 Substitutions, Product Options 2.3.1 Niagara Regional Housing will consider requests for approval of substitutions during the

Quote/Tender period. Requests must be submitted no later than five (5) business days prior to the Closing Date.

2.3.2 All requests for substitutions are subject to approval by Niagara Regional Housing. 2.3.3 Bidders on the bid takers list will be notified (via fax) of any substitutions through an

Addendum. 2.4 Sub-Contractors 2.4.1 The bidders shall list the names of all sub-contractors intended to be used in the execution

of this work subject to the approval of Niagara Regional Housing. Any subsequent changes to this list must be approved by the Contract Administrator.

2.5 Preference to Materials, Products and Equipment


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2.5.1 Niagara Regional Housing reserves the right to give preference to materials, products and

equipment which:

(a) have Canadian origin and manufacture, (b) can demonstrate environmental benefit, and/or (c) are energy efficient.

2.6 Taxes and Duties 2.6.1 The Bidder must include in its Quote/Tender the full cost of Federal, Provincial and

Municipal permits, fees, taxes etc. 2.7 Municipal Freedom of Information and Protection of Privacy Act

(MFIPPA) 2.7.1 The Bidder should be aware that the Bid and any information related thereto is subject to

the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 56, as may be amended (MFIPPA).

3.0 SUBMITTING THE QUOTE/TENDER 3.1 Complete Submissions 3.1.1 The Submission must include the following documents in a sealed envelope:

Bid Submission Form Schedule 1 – Items and Prices Schedule 2 – Contractor’s Qualification Statement Schedule 3 – Sub Contractor’s List Schedule 4 - Conflict of Interest Declaration Schedule 5 – Alternative Prices (if applicable) Schedule 6 – Product Schedule (if applicable) Bid Security – (if applicable)

3.2 Quote/Tender Submission 3.2.1 Quotes/Tenders must be submitted in a closed envelope addressed to Niagara Regional

Housing. If the documents are mailed, the words “Quote/Tender Document” must be written on the front of the envelope with the Quote/Tender number. The envelope must also have the return name and address of the bidder. If the envelope is not marked in this manner, there is a risk it may not be recognized in time for opening. You can request that a reply envelope be mailed to you by contacting the office.


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3.2.2 A Niagara Regional Housing envelope is enclosed in Quote/Tender packages that are picked up at our office. This envelope is readily recognized by Niagara Regional Housing employees.

3.2.3 Niagara Regional Housing bears no responsibility for any Quote/Tender(s) which are

lost, misplaced or are not considered as a result of failure to use a readily identifiable envelope.

3.2.4 The Quote/Tender and any amendments thereto may not be submitted by facsimile or

email. Only original documents will be accepted. 3.3 Bid Submission Form 3.3.1 The bid submission form must be legible and completed in ink by an individual

authorized to bind the person, partnership or corporation. 3.3.2 If the Bidder is a Corporation, the Corporate seal must be affixed under the signature of a

duly recognized officer or officers of the Corporation. 3.3.3 If the Bidder is a Partnership, each member of the Partnership must sign in the presence

of a witness who must also sign. 3.3.4 If the Bidder is not a Corporation or a Partnership, the Bidder must sign in the presence

of a witness who must also sign. 3.4 Schedule 1 – Items and Prices 3.4.1 Niagara Regional Housing has the prerogative to add or delete units of the same type,

depending on availability of funds. 3.4.2 Failure to submit the required Schedule 1 will render the bid null and void and the bid

shall be rejected. 3.4.3 The Bid amount listed on Schedule 1 must match the amount listed on the Bid

Submission Form. 3.5 Schedule 2 - Contractor Qualifications 3.5.1 Information on Schedule 2 shall include evidence of the capability of the Bidder to carry

out and to maintain properly, the work and the equipment. It should also include details of the qualifications of the Bidder’s staff that may be employed in the execution of the Contract.

3.6 Schedule 3 - Subcontractors’ List


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3.6.1 Schedule 3 must include information on all subcontractors, including name, address, telephone number, and division or section of work to be performed.

3.6.2 The contractor shall employ only skilled subcontractors who have been thoroughly

trained or competent in carrying out the work specified in the contract. 3.6.3 Where required by a manufacturer of specialty products, only contractors that are

approved as applicators will be utilized. 3.7 Schedule 4 – Conflict of Interest Declaration 3.7.1 Any actual or perceived Conflict of Interest must be declared on Schedule 4. The

contractor shall complete Schedule 4 and submit with its bid. 3.8 Workplace Safety and Insurance Board 3.8.1 Niagara Regional Housing reserves the right to require any Contractor to submit WSIB

and Insurance coverage upon issue of Letter of Intent. 4. SECURITIES 4.1 Bid Security 4.1.1 Bidders will be advised of the amount (if any) of bid security required on the Bid

Submission Form. 4.1.2 The Bidder shall include together with the Bid Submission Form any one of: .1 a Bid Bond in the form attached hereto from a Surety acceptable to Niagara

Regional Housing; .2 a certified cheque; .3 a Bank Draft; or .4 an irrevocable Letter of Credit (not a letter of guarantee);

in favour of Niagara Regional Housing in the amount stipulated in the Bid Submission Form, valid for a period of 60 days from the closing date unless otherwise stipulated in the Bid Submission Form.

4.1.3 The bid securities of all unsuccessful bidders will be returned as soon as the bids have

been checked for errors and a recommendation has been made to award the contract. The bid security of the successful bidder will be returned as soon as the contract is executed by Niagara Regional Housing.

4.2 Performance Security 4.2.1 The successful Bidder shall provide performance security in favour of Niagara Regional

Housing in order to secure the due and faithful performance of the contract as follows:


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.1 $0.00 - $25,000 – n/a .2 $25,001 - $100,000 – 10% of the bid amount; .3 $100,001 or more – 20% of bid amount. 4.2.2 Refer to Section 1.8 of General Requirements on bonding with Surety, etc. 4.3 Contractor Experience

4.3.1 Contractors shall complete the attached form listing principal projects completed in the

past five years. For all Public Quotes/Tenders, contractors must demonstrate a minimum of 5 years experience.

GENERAL CONDITIONS

Rev Feb 1, 2016

1

TABLE OF CONTENTS

Part 1 General Requirements

1.0 Definitions 1.10 W.S.I.B. Clearance 1.1 Abbreviations 1.11 Assignment of Contract 1.2 Gender and Singular References 1.12 Performance Unsatisfactory 1.3 Substantial Performance 1.13 Taking the Work Out of the Contractor’s Hands 1.4 Completion 1.14 Indemnification Claims 1.5 Final Acceptance 1.15 Subcontractors 1.6 Interpretation of Certain Words 1.16 Time is of the Essence 1.7 Order of Precedence 1.17 Delays 1.8 Performance Security 1.9 Liability Insurance

Part 2 Administration of the Contract & Contractor’s Responsibilities

2.0 Contract Administrator’s Authority 2.1 Right of the Contract Administrator to Modify Methods and Equipment 2.2 Emergency Situations 2.3 Contractor’s Responsibilities 2.4 Approved Equals - Substitutions, Product Options

Part 3 Governing Legislation

3.0 Contractor Compliance 3.1 Residential Tenancies Act, 2006 3.2 Consideration for Residents 3.3 Work Within Suites

3.4 Laws, Notices, Permits and Fees 3.5 Construction Lien Claims 3.6 Racism and Discrimination

Part 4

Procedural Requirements

4.0 Award Letter 4.1 Commencement of Work 4.2 Completion Date 4.3 Co-operation 4.4 Supervision 4.5 Use of Site Facilities 4.6 Interference 4.7 Protection 4.8 Cleaning and Disposal 4.9 Underground and Concealed Services 4.10 Power Actuated Fastening Tools 4.11 Fire Protection 4.12 Cutting, Fitting and Patching 4.13 Temporary Services 4.14 Temporary Facilities

4.15 Existing Services 4.16 Heating and Ventilation

GENERAL CONDITIONS

Rev Feb 1, 2016

2

Part 5

Adherence to Drawings and Specifications

5.0 Materials and Workmanship 5.9 Record/Shop Drawings, Samples, and Product Data 5.1 Deviations 5.10 Toxic & Hazardous Substances 5.2 Layout of Work 5.11 Occupational Health & Safety Act 5.3 Standards 5.12 Asbestos 5.4 Changes in Work 5.13 Polychlorinated Biphenyls (PCB) 5.5 Valuation of Changes in Work 5.14 Waste Management 5.6 Samples and Testing of Materials 5.15 Co-ordination 5.7 Performance Tests/Inspections 5.8 Deficient Work

Part 6

Payment and Warranty

6.0 Payment and Holdbacks 6.1 Evidence of Publication 6.2 Tax Changes 6.3 No Additional Payment for Increased Costs 6.4 Warranty

Part 7 Dispute Resolution

7.0 Dispute Resolution

GENERAL CONDITIONS

Rev Feb 1, 2016

3

PART 1 – GENERAL REQUIREMENTS

ABBREVIATIONS, DEFINITIONS, PRECEDENCE OF DOCUMENTS AND INTERPRETATION 1.0 Definitions Whenever any of the following words or phrases are used in the tender or contract documents, they have the meanings respectively attributed to them as follows: Actual Measurement means the field measurement of that quantity within the approved limit of the Work. Addendum means an addition or change in the tender documents issued by Niagara Regional Housing prior to tender closing. Alternative is any product, pre-approved by Niagara Regional Housing and included in the Tender package that can be used by Bidders to offer quote/tender pricing. Bidders are given the option of bidding on the alternative if they want. Approved Equal is any product, pre-approved by Niagara Regional Housing at least five business days before the closing date that can be used by Bidders to offer quote/tender pricing. Asbestos Assessment is the evaluation of the physical condition and potential for damage of all friable asbestos containing materials.

Base Bid Price is the lump sum fixed price quoted on the Bid Submission form, which is based on the specified products and execution, and which does not include any Alternatives or Substitutions.

Business Day means any Day except Saturdays, Sundays, and statutory holidays. Certificate of Substantial Performance means the certificate at Substantial Performance, as defined herein. Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or materials of the Work or part thereof, within the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and Niagara Regional Housing, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, and establishing the basis for completion of the work. Closing date includes the date and time for final receipt of quotes and bids. It is also the date and time for the public opening of the quote or tender. Completion The contract shall be deemed to be completed when the services or materials have been inspected to the satisfaction of the Contract Administrator and any deficiencies corrected. Contract Administrator means the person, partnership, or corporation designated by Niagara Regional Housing to be Niagara Regional Housing's representative for the purposes of the Contract. Contract Documents mean the Quote/Tender Call, any Addenda, Instructions to Bidders, General Condi-tions, Schedules, Specifications, Scope of Work, Bid Submission Form, Appendices, Special Provisions, Contract Drawings, Letter of Intent and Award Letter.

GENERAL CONDITIONS

Rev Feb 1, 2016

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Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any Subsurface Report, and any other reports and information provided by Niagara Regional Housing for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforc-ing steel schedules, aggregate sources lists, cross-sections, etc. Contractor means the person or corporation whose Tender has been accepted by Niagara Regional Housing, and who is deemed to have entered into the Contract with Niagara Regional Housing. Contract Price means the total price Niagara Regional Housing has agreed to pay to the Contractor for the Work, and for everything supplied under the Contract and included in the Contract, and in any event shall not exceed the amount specified in the Contract Documents and any Change Orders. Dangerous Substances are those harmful materials which, during manufacture, handling, transport, storage or use, may generate or release infectious, irritating, flammable, explosive, corrosive, asphyxiating toxic or other dust, fumes, gases or vapors in quantities likely to injure the health of persons coming in contact with them, or to cause material damage to property. Most dangerous substances can adequately be classified as explosive, flammable, toxic, corrosive, oxidizing and radioactive.

Drawings or Plans mean any Contract Drawings or Contract Plans that are included in the Quote/Tender package or any reproductions of drawings or plans pertaining to the Work.

Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context. Extra Work means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. Geotechnical Report means a report or other information identifying soil, rock, and ground water condi-tions in the area of any proposed Work. Grade means the required elevation of that part of the Work. Material means material, machinery, equipment and fixtures forming part of the Work. Owner means Niagara Regional Housing who is a party to this Agreement. Performance Bond means the type of security furnished to Niagara Regional Housing to guarantee comple-tion of the Work in accordance with the Contract and to the extent provided in the bond. Shop Drawing means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by the contractor to illustrate details of a portion of the Work. Site is the working area as defined by Niagara Regional Housing in the specifications. Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Substitution means a product that has been identified prior to five days before the closing date and approved by the Contract Administrator as a product that can be used for the bid pricing in lieu of that specified in the original Tender documents.

GENERAL CONDITIONS

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5

Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.I.8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing from the Contractor, submitted in the format prescribed by Niagara Regional Housing, to complete the Work. Utility means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone, and cable television. Warranty Period means the period of 12 months from the date of Substantial Performance or such longer period as may be specified in the Contract Documents for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work means everything that the Contractor is required to supply in order to carry out the terms and conditions of the Contract. Work Schedule means the submission required after award that identifies the approximate start and completion dates for the Work. For larger tenders interim milestones may be required. 1.1 Abbreviations The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials “ACI” - American Concrete Institute "ANSI" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge “CCIL” - Canadian Council of Independent Laboratories "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" - General Conditions “ISO” - International Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Control Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification “OTM” - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers “SCC” - Standards Council of Canada "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada

GENERAL CONDITIONS

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1.2 Gender and Singular References

References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa, as the context requires.

1.3 Substantial Performance 1.3.1 The Work is substantially performed,

a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended; and

b) when the Work to be performed under the Contract is capable of completion or, where there is a known defect, the cost of correction, is not more than:

i. 3 percent of the first $500,000 of the Contract price, ii 2 percent of the next $500,000 of the Contract price, and iii 1 percent of the balance of the Contract price.

1.3.2 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is

being used for the purposes intended and the remainder of the Work cannot be completed expedi-tiously for reasons beyond the control of the Contractor or, where Niagara Regional Housing and the Contractor agree not to complete the Work expeditiously, the price of the services or materials re-maining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance.

1.4 Completion

The contract shall be deemed to be completed when the services or materials have been inspected to the satisfaction of the Contract Administrator and any deficiencies corrected.

1.5 Final Acceptance 1.5.1 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to

the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all im-perfect work and has discharged all of the Contractor's obligations under the Contract.

1.6 Interpretation of Certain Words 1.61 Whenever the words “shall” or “will” are used in the Contract, they shall be construed as imperative. 1.6.2 Whenever words which have well known technical or trade meanings are used in the Contract, they are used in accordance with such recognized meanings. 1.7 Order of Precedence 1.7.1 The documents forming the Contract are complementary, and what is required by any one shall be as binding as if required by all. The following documents all form part of the Contract:

- Instructions to Bidders - General Conditions - Bid Submission Form - Specifications with Appendices and Addenda - Schedules

GENERAL CONDITIONS

Rev Feb 1, 2016

7

- Drawings - Award Letter - Change Order

1.7.2 In the event of conflict between documents, the following priorities shall apply:

(a) Documents of later date shall govern; (b) General Conditions shall govern over Specifications; (d) Specifications shall govern over Drawings; (e) Figured dimensions shown on the Drawings shall govern even though they may differ

from scaled dimensions; (f) Drawings of larger scale shall govern over those of smaller scale of the same date.

1.7.3 If at any time before the Work has been completed any question arises as to whether anything has

been done as required by the Contract, or as to what the Contractor is required by the Contract to do, and, in particular, and without limiting the generality of the foregoing, Niagara Regional Housing shall decide the following:

(a) the meaning of anything in the Drawings and Specifications; (b) the meaning to be given to the Drawings and Specifications in case of any error therein,

an omission there from, or an obscurity or discrepancy in their wording or intention; (c) whether the quality or quantity of any material or work meets the requirements of the

Contract; (d) whether the plant, materials or workmen provided by the Contractor for executing the

Work and carrying out the Contract are adequate to ensure that the Work will be executed in accordance with the Contract and that the Contract will be carried out in accordance with its terms;

(e) what work or quantity of any kind has been completed by the Contractor; or (f) the timing and scheduling of the execution of the Work,

1.8 Performance Security 1.8.1 The Contractor shall provide, at the Contractor’s cost, performance security in favour of Niagara

Regional Housing in order to secure the due and faithful performance of the Contract, which shall be as follows:

(a) a Performance Bond issued by a Surety Company acceptable to Niagara Regional

Housing and in Niagara Regional Housing’s approved form (if required a sample is included in the Tender package) and shall be in an amount equal to 50% of the Contract Price or

(b) if the Contract price is less than $1,000,000.00, the following alternate forms of security

are acceptable in lieu of such Performance Bond: (i) an irrevocable letter of credit, bank draft, or certified cheque; or money order

and in each case, the alternate forms of security shall be equivalent to 20% of the Contract Price for contracts having a Contract Price between $100,001.00 and $1,000,000.00 and 10% of the Contract Price for contracts having a Contract Price of $25,000.00 up to $100,000.00.

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1.8.2 If the Contractor fails to meet the requirements of this section within seven (7) Business Days of receipt by the Contractor of the award letter, then Niagara Regional Housing at its sole option may terminate the Contract and use the bid security toward damages.

1.8.3 If the performance security is in the form of a Performance Bond, such bonds shall be issued by a

duly licensed Surety Company authorized to transact a business of surety ship in the Province of Ontario and shall be to the satisfaction of Niagara Regional Housing. The bonds shall be maintained in good standing for a period of two years from the date on which the last payment under the Contract falls due, after which it will be returned to the Contractor on the Contractor’s request.

1.8.4 If alternate security is provided pursuant to this section it will be returned to the Contractor 90 days

after completion of the Work and the correction of all deficiencies. If deficiencies involve seasonal work which must be postponed, the security shall be reduced to an amount equal to the value of the work which remains to be completed and the balance of the security returned to the Contractor 90 days after all other work is completed.

1.9 Liability Insurance 1.9.1 The Consultant and all sub-consultants shall purchase and maintain at all times during the term of

this Agreement, or as otherwise set out in this Agreement, the insurance coverage listed below: 1.9.2 Commercial General Liability Insurance insuring the Consultant and covering all Services as

described in the Agreement to a limit of not less than TWO MILLION DOLLARS ($2,000,000) per occurrence and in the aggregate.

The policy will be extended to include: a) bodily injury, death and property damage; b) personal and advertising injury; c) products and completed operations; d) blanket contractual; e) severability of interest; f) cross liability clause; g) broad form property damage; h) premises and operations; i) non-owned Automobile to a limit of not less than TWO MILLION DOLLARS

($2,000,000); 1.9.3 The policy shall be endorsed to:

a) include Niagara Regional Housing as an additional insured; and b) contain an undertaking by the insurers to notify the Owner in writing not less than thirty (30)

days before any material change in risk or cancellation of coverage. 1.9.4 Automobile Insurance (OAP1) for both owned and leased vehicles with inclusive limits of not less

than TWO MILLION DOLLARS ($2,000,000). The policy shall contain an undertaking by the in-surers to notify Niagara Regional Housing in writing not less than fifteen (15) days before any mate-rial change in risk or cancellation of coverage.

1.9.5 Errors and Omissions Liability Insurance insuring the Consultant in an amount not less than TWO

MILLION DOLLARS ($2,000,000) per claim and in the aggregate. The policy shall contain an un-dertaking by the insurers to notify Niagara Regional Housing in writing not less than thirty (30) days before any material change in risk or cancellation of coverage.

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The coverage under the policy shall be maintained continuously during the term of this Agreement and for two (2) years after the termination or expiration of this Agreement and shall cover insurable losses arising out of or in association with an error or omission in the rendering of or failure to ren-der the Services. If coverage under the Errors and Omissions policy is cancelled within the two (2) year period after the termination or expiration of this Agreement, the Consultant shall provide Niag-ara Regional Housing with notice within thirty (30) days of cancellation and shall be required to purchase an extended reporting endorsement to confirm that coverage is maintained.

1.9.6 Other Insurance Any other type (e.g. Environmental), form or as otherwise may be required from time to time as identified at any time by either party.

1.9.7 Policy Requirements All policies of insurance shall: a) be written with an insurer licensed to do business in Ontario; b) be non-contributing with, and will apply only as primary and not excess to any other insur-

ance or self-insurance available to Niagara Regional Housing;

1.9.8 Certificates of Insurance originally signed by authorized insurance representatives shall be delivered to Niagara Regional Housing prior to the commencement of the Services, on a form of Certificate of Insurance which is acceptable to Niagara Regional Housing. The Certificate of Insurance must comply with these insurance requirements and must be on the Region’s form of Certificate of Insur-ance, which can be found on the Region’s website – www.niagararegion.ca/business/fpr/cert-insurance.aspx. If the Certificate of Insurance is provided in a non-original form (e.g. a facsimile, photocopy or scanned electronic copy), the Consultant acknowledges and agrees that the Region is fully entitled to treat any such Certificate as an original and that the Consultant will be responsible for the accuracy and validity of the information contained therein. If required by Niagara Regional Housing, certified copies of all the above-mentioned policies shall be delivered to Niagara Regional Housing. All subsequent policy renewals and certificates of insurance thereafter, during the time that this Agreement is in force, shall be forwarded to Niagara Regional Housing within fifteen (15) days of their renewal date.

1.9.9 The Contractor will not be permitted to commence work until Niagara Regional Housing is in

receipt of such proof of insurance. If the Contractor fails to meet the requirements of this section within seven (7) Business Days of receipt by the Contractor of the award letter, Niagara Regional Housing, at its sole option, shall have the right to terminate the Contract and use the bid security to-ward damages.

1.9.10 The Liability Insurance Policy and/or endorsements shall be satisfactory to Niagara Regional

Housing. Niagara Regional Housing reserves the right to request a certified copy of the full com-mercial general liability policy.

1.9.11 The Contractor shall keep such insurance in force for the duration of the Contract including the

duration of the warranty period. 1.9.12 Without limiting the foregoing, such Insurance Coverage shall include Comprehensive General

Liability, Contractual Liability, Personal Injury, and Contingent Liability with respect to Subcon-tractors.

1.10 Workplace Safety and Insurance Board Clearance 1.10.1 Bidders are to provide their Workplace Safety and Insurance Board (W.S.I.B.) account number on

the Bid Submission Form. The successful vendor must provide their W.S.I.B. certificate prior to the

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issue of any contractual agreement and must agree to maintain their standing with W.S.I.B. during the duration of the contract term.

1.10.2 The Contractor shall provide Niagara Regional Housing with a copy of any renewals during the term

of the contract including the duration of the warranty period. 1.10.3 Independent Contractors who have no employees are not normally required by the Workplace Safety

& Insurance Board to obtain W.S.I.B. coverage; however, W.S.I.B. will provide individual coverage for these Contractors if requested. Premiums for such coverage will be assessed by W.S.I.B. based on each Contractor’s circumstances.

1.10.4 Should the Contractor find it necessary to hire any employees, during any time while the Contractor

is doing work for Niagara Regional Housing then the Contractor must obtain immediate W.S.I.B. coverage for those employees retroactive to the employee’s hire date. This W.S.I.B. coverage is to remain in force at all times while the Contractor is working for Niagara Regional Housing All employees shall be covered by the Contractor for W.S.I.B. whether such employees are temporary or permanent.

1.10.5 Registration with Workplace Safety & Insurance does not guarantee award of work by Niagara

Regional Housing

1.11 Assignment of Contract or Proceeds of Contract 1.11.1 The Contractor shall not assign the Contract or the proceeds thereof without the written consent of

Niagara Regional Housing. 1.12 Performance Unsatisfactory 1.12.1 The contract will be deemed to be in default if the Contractor fails to: a) Perform any specification, term or requirement included herein, in a good and proper

manner. b) Provide any deliverable(s) in accordance with the requirements; or c) Adhere to specified delivery requirements and/or dates. 1.13 Taking the Work Out of the Contractor’s Hands 1.13.1 Niagara Regional Housing may, without any further authorization or authority, take all or any part of

the Work out of the Contractor’s hands and may employ such means as it may see fit to complete the Work, including the use of the performance security when applicable, in any of the following cases, namely:

(a) where the Contractor has made default or has delayed in commencing or in diligently

executing the Work or any portion thereof to the satisfaction of Niagara Regional Housing and Niagara Regional Housing has given notice thereof to the Contractor, and has by such notice required the Contractor to put an end to such default or delay, and such default or delay continues for seven (7) Business Days after such notice was communicated;

(b) where the Contractor has made default in the completion of the Work, or any portion thereof, within the time limited for such completion by the Contract;

(c) where the Contractor has become insolvent;

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(d) where the Contractor has committed an act of bankruptcy or has been declared bankrupt or has made an assignment in bankruptcy;

(e) where the Contractor has abandoned the Work; (f) where the Contractor has made an assignment of the Contract without the required

consent of Niagara Regional Housing; (g) where the Contractor has otherwise failed to observe or perform any of the provisions

of the Contract. 1.13.2 Where the Work or any part thereof has been taken out of the Contractor’s hands under subsection

1.13, the Contractor shall not, except as provided in subsection 1.13.3, be entitled to any further payment, including payments then due and payable but not paid and the obligation of Niagara Regional Housing to make payments shall be at an end, and the Contractor shall be liable upon demand of Niagara Regional Housing to pay to Niagara Regional Housing an amount equal to all loss and damage suffered by Niagara Regional Housing by reason of the non-completion of the Work by the Contractor.

1.13.3 Where the Work or any portion thereof has been taken out of the Contractor’s hands under

subsection 1.13 and that portion is subsequently completed by the Surety, or by Niagara Regional Housing, Niagara Regional Housing shall determine the amount, if any, of the holdback and progress claims of the Contractor unpaid at the time of taking the work out of the Contractor’s hands that in Niagara Regional Housing’s opinion are not required by Niagara Regional Housing for the purposes of the Contract and Niagara Regional Housing may, if it is of the opinion that no financial prejudice to Niagara Regional Housing will result, and subject to the provisions of the Construction Lien Act, pay that amount to the Contractor.

1.13.4 The taking of the Work, or any portion thereof, out of the Contractor’s hands pursuant to subsection

1.13 does not operate so as to relieve or discharge the Contractor from any obligations under the Contract or imposed upon the Contractor by law, except the obligation to complete the physical execution of that portion of the Work so taken out of the Contractor’s hands.

1.14 Indemnification Claims 1.14.1 The Contractor shall indemnify and save harmless the Owner, its elected officials, officers, employ-

ees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest, or damages of every nature and kind whatso-ever arising out of the negligence, errors, omissions, fraud or willful misconduct of the Contractor its officers, employees, agents and subcontractors, or any of them, attributable to or connected with the performance, non-performance or purported performance of the Contractor obligations pursuant to this Agreement, except to the extent that same is attributable or caused by the negligence of the Owner, its officers, employees and agents, or any of them. Further, this indemnity shall survive the expiration or early termination of this Agreement and continue in full force and effect.

1.14.2 The Contractor expressly waives the right to indemnity for claims other than those stated in para-

graph GC 1.13.4. 1.15 Subcontractors 1.15.1 As per Schedule 3, the Contractor shall provide to Niagara Regional Housing a complete and firm

list of the names and addresses of the subcontractors whom the Contractor will use for the Work. 1.15.2 The Contractor shall:

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(a) require the Contractor’s subcontractors to perform their work in accordance with and subject to the terms and conditions of the Contract; and

(b) be as fully responsible to Niagara Regional Housing for acts and omissions of the Contractor’s subcontractors and of persons directly or indirectly employed by them as the Contractor is for acts and omissions of persons directly employed by the Contractor.

1.15.3 The Contractor shall incorporate all the terms and conditions of the Contract necessary for the

purpose of performing the Work pursuant to the Contract into all sub-contract agreements. Nothing contained in the Contract shall create any contractual relationship between any subcontractor and Niagara Regional Housing

1.16 Time is of the Essence 1.16.1 Time is of the essence of the Contract. The contract must progress and be completed according to

the approved work schedule. 1.17 Delays .1 If the Contractor is delayed in the performance of the Work by,

a) war, blockades, and civil commotions, errors in the Contract Documents; b) an act or omission of Niagara Regional Housing or Contract Administrator, or anyone em-

ployed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents;

c) a stop work order issued by a court or public authority, provided that such order was not is-sued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly;

d) the Contract Administrator giving notice under subsection GC 1.13 Taking the Work out of the Contractor’s Hands

e) abnormal inclement weather

.2 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolu-tion of the dispute in accordance with Section 7.

PART 2 – ADMINISTRATION OF THE CONTRACT & CONTRACTOR’S RESPONSIBILITIES

2.0 Contract Administrator’s Authority 2.0.1 The Contract Administrator shall be Niagara Regional Housing's representative during construction

and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certifi-cate, whichever is later. All instructions to the Contractor, including instructions from Niagara Re-gional Housing, shall be issued by the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of Niagara Regional Housing only to the extent provided in the Contract Documents.

2.0.2 All claims, disputes and other matters in question relating to the performance and the quality of the

Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor.

2.0.3 The Contract Administrator shall inspect the work for its conformity with the Plans and Standard

Specifications, and provide the necessary site inspection reports to establish payment under the schedule of tender quantities and unit prices.

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2.0.4 The Contract Administrator shall, with reasonable promptness, review and take appropriate action

upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents.

2.0.5 The Contract Administrator shall investigate all requests for a Change in the Work made by the

Contractor and issue appropriate instructions. 2.0.6 The Contract Administrator shall prepare Change Orders for Niagara Regional Housing’s approval. 2.0.7 Upon written application by the Contractor, the Contract Administrator and the Contractor shall

jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both.

2.0.8 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents

and the judge of the performance by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents.

2.0.9 The Contract Administrator shall have the authority to reject part of the Work or Material that does

not conform to the Contract Documents. 2.0.10 In the event that the Contract Administrator determines that any part of the Work performed by the

Contractor is defective, whether the result of poor workmanship; the use of defective material; or damage through carelessness or other act or omission of the Contractor and whether or not incorpo-rated in the Work; or otherwise fails to conform to the Contract Documents, then the Contractor shall if directed by the Contract Administrator promptly remove the Work and replace, make good, or re-execute the Work at no additional cost to Niagara Regional Housing. Any part of the Work de-stroyed or damaged by such removals, replacements, or re-executions shall be made good, promptly, at no additional cost to Niagara Regional Housing

2.0.11 The Contract Administrator shall have the authority to temporarily suspend the Work for such

reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy non-compliance in the case of such non-compliance

with the provisions of the Contract by the Contractor.

2.0.12 Niagara Regional Housing has the right to terminate the Contract for willful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 and regulations, as may be amended, the Workplace Safety and Insurance Act, 1997, S,O. 1997, c. 16, Sched. A and regulations, as may be amended, the Environmental Protection Act, R.S.O. 1990, c. E.19 and regulations, as may be amended, and all other applicable legislation.

2.0.13 If the Contract Administrator determines that any worker employed on the Work is incompetent, as

defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the site. Such worker shall not return to the site without the prior written consent of the Contract Administrator.

2.1 Right of the Contract Administrator to Modify Methods and Equipment

2.1.1 The Contractor shall, when requested in writing, make alterations in the method, equipment, or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment.

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2.1.2 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract

so as to avoid interference with work being performed by others. 2.1.3 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and

protection are maintained throughout the Work. 2.2 Emergency Situations 2.2.1 The Contract Administrator has the right to determine the existence of an emergency situation and,

when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if the Contractor is not available, the Contract Administrator may direct others to remedy the situation.

2.2.2 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the

Contractor's expense. If the emergency situation was not the fault of the Contractor, Niagara Re-gional Housing shall pay for the remedial work.

2.3 Contractor’s Responsibilities 2.3.1 The Contractor warrants that it has visited the site of the Work during the preparation of the

Quote/Tender to identify the character of the Work and all local conditions that may affect the per-formance of the Work.

2.3.2 The Contractor shall not commence the work nor deliver anything to the site until the Contractor has

received an Award Letter to commence the work, signed by Niagara Regional Housing 2.3.3 The Contractor shall have complete control of the Work and shall effectively direct and supervise

the Work so as to ensure conformity with the Contract Documents. The Contractor shall be respon-sible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work.

2.3.4 The Contractor shall provide adequate labour, equipment, and material to ensure the completion of

the Contract in accordance with the Contract Documents. The work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit.

2.3.5 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance,

and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use.

2.3.6 The Contractor shall have an authorized representative on the site while any work is being

performed, to supervise the Work and act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names; addresses; posi-tions; and cell phone, pager, and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract, and update as necessary.

2.4 Approved Equals – Substitutions, Product Options 2.4.1 Niagara Regional Housing will consider requests for approval of substitutions, including product

options during the Quote/Tender period. Requests must be submitted at least five (5) business days prior to the Closing Date.

2.4.2 Any requests for substitutions that are approved by NRH will be deemed an approved equal.

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2.4.3 Bidders on the bid takers’ list will be notified (via fax) of any approved equals through an

Addendum.

PART 3 GOVERNING LEGISLATION 3.0 Contractor Compliance 3.0.1 The Contractor shall comply with all applicable laws and by-laws including, without limitation, the

Workplace Safety and Insurance Act, 1997, the Construction Lien Act, the Occupational Health and Safety Act, the Environmental Protection Act, Human Rights Code and the Accessibility for Ontarians with Disabilities Act, 2005,as may be amended. Any breach or breaches of any applicable laws or by-laws, whether by the Contractor or any of its subcontractors, may result in the immediate termination of the Contract.

3.1 Residential Tenancies Act, 2006 3.1.1 The Contractor acknowledges that in accordance with the Residential Tenancies Act, 2006, S.O.

2006, c. 17, access to premises of residents may only be gained by permission of the resident, or as necessary, upon the landlord giving written notice to the resident specifying the time of entry during daylight hours not less than 24 hours prior to the time of entry.

3.1.2 The Contractor shall schedule any work accordingly and shall advise the Owner or designate at the

site of the work not less than 72 hours in advance of requested access to any resident’s premises. 3.2 Consideration for Residents

The Contractor shall:

(a) Execute work to cause minimum interference to residents and their personal effects. (b) Take reasonable measures to control noise during operations. (c) Restrict working hours to: 8:00 a.m. – 6:00 p.m. Monday to Friday, except when the

Owner has given prior authorization otherwise. 3.3 Work within Suites

The Contractor shall:

(a) Be advised that suites within the building are occupied; and shall work in one area at a time to facilitate the residents continued use.

(b) Provide temporary protection to all areas during operations. (c) Clean entire work area to the satisfaction of the resident. 3.4 Laws, Notices, Permits and Fees 3.4.1 The by-laws, ordinances and legal requirements, rules, regulations, codes and orders of the

municipality where the building is situated shall apply to the Work. 3.4.2 The Contractor shall obtain all permits, licenses, and certificates and shall pay all fees required for the performance of the Work.

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3.4.3 The Contractor shall give all required notices and comply with all laws, by-laws, rules, regulations, codes and orders of all authorities having jurisdiction relating to the Work, to the preservation of the public health and construction safety which are or come into force during the performance of the Work. 3.4.4 The Contractor shall be responsible for verifying that the documents forming part of the Contract are

in compliance with the applicable laws, by-laws, rules, regulations and codes relating to the Work and if any part of the Contract is at variance therewith, or changes which require modification to the Contract are made to any of the laws, ordinances, rules, regulations and codes by the authorities having jurisdiction subsequent to the date of bid submission, any resulting change in the cost shall constitute a corresponding change in the Contract Price. The Contractor shall notify Niagara Regional Housing in writing requesting direction immediately when any such variance or change is identified by the Contractor.

3.4.5 If the Contractor fails to notify Niagara Regional Housing in writing and obtain its direction as

required and performs any work knowing it to be contrary to any laws, by-laws, ordinances, rules, regulations, codes and orders of any authority having jurisdiction, the Contractor shall be responsible for and shall correct any violations thereof and shall bear all costs, expense and damages attributable to the Contractor’s failure to comply with the provisions of such laws, by-laws, ordinances, rules, regulations, codes and orders.

3.5 Construction Lien Claims 3.5.1 The Contractor shall comply with the provisions of the Construction Lien Act, R.S.O. 1990, c.

C.30 and regulations, as may be amended. 3.6 Racism and Discrimination 3.6.1 The Contractor shall fully support the principles embodied in the Human Rights Code, R.S.O. 1990,

c. H.19 which states that it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination or unequal treatment based upon any of the prohibited grounds outlined in the Code. All contractors providing service to Niagara Regional Housing are required to adhere to these requirements.

3.7 Accessibility 3.7.1 All contractors providing service must comply with the Accessibility for Ontarians with Disabilities

Act, 2005, S.O. 2005, c.11 (AODA), and have training under the Accessibility Standards for Cus-tomer Service, Ontario Regulation 427/7, which sets out obligations for the provision of goods and services in a way that is accessible to people with disabilities in Ontario.

PART 4 PROCEDURAL REQUIREMENTS

4.0 Award Letter 4.0.1 Niagara Regional Housing shall issue an award letter, which shall be acceptance of the Tender and

award of the Contract to the Contractor, which shall specify the date of commencement of the Work and the Contract Price for the Work.

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4.1 Commencement of Work 4.1.1 The Contract Administrator may call an Initial Project Meeting. Niagara Regional Housing’s staff and

their consultants may be invited. The General (or Principal) Contractor shall invite its subcontractors or key staff to participate in an initial briefing meeting. The agenda of the briefing meeting will include:

. - Introducing key personnel participating in the project. - Establishing limits on work hours, access, movements on site, etc. - Reviewing the approved Work Schedule. - Establishing administrative and procedural matters. - Providing procedural forms and communications routing. - Establishing the schedule for project meetings. 4.1.2 Upon receipt of the Award Letter, the Contractor shall immediately contact Niagara Regional

Housing to arrange prompt commencement of the Work and thereafter the Contractor shall continue the Work until completion.

4.1.3 The Contractor shall hold regular project meetings as directed by Niagara Regional Housing 4.2 Completion Date The Contractor shall complete the work within the time specified in the Bid Submission Form or the time specified on the approved Work Schedule. 4.3 Co-operation The Contractor shall co-operate with Niagara Regional Housing or whomever Niagara Regional Housing shall designate and arrange for all work to be expedited with the minimum of inconvenience to all parties, and shall report in writing any difficulties encountered in expediting the Work. 4.4 Supervision (1) The Contractor shall perform the Work in the most efficient manner and in accordance with

the directions and to the satisfaction of Niagara Regional Housing (2) The Contractor shall cause the Work to be performed either under personal supervision or

under the supervision of a competent foreman who shall remain in charge until the Work is completed.

4.5 Use of Site Facilities The Contractor shall: 4.5.1 Furnish all labour, materials, equipment, transportation, storage of tools, trucks and any other

incidentals required to perform the Work; 4.5.2 Limit the areas for work and storage as directed by Niagara Regional Housing; 4.5.3 Not unreasonably encumber site with materials or equipment. 4.5.4 Not obstruct entrances, stairs or fire exits; 4.5.5 Maintain free access route for fire, ambulance and garbage trucks;

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4.5.6 Use parking on site in locations designated by Niagara Regional Housing, if available; 4.5.7 Place refuse bin in an area agreed to with Niagara Regional Housing; 4.5.8 Restore damage to paving, grass, walkways, curbs, trees, planting beds, etc. caused due to the work of

this Contract to the satisfaction of Niagara Regional Housing; 4.5.9 Niagara Regional Housing may provide storage for the Contractor’s tools in appropriate storage

rooms only, providing space is available at the site. 4.5.10 The Contractor and the Contractor’s personnel may use the existing sanitary services, where

provided, but if not available at the site, the Contractor shall provide such service at the Contractor’s expense.

4.5.11 Where Niagara Regional Housing permits the Contractor to make use of the water and hydro

facilities on the Site; the Contractor shall: (a) make all necessary temporary connections:

(i) at the Contractor’s expense; (ii) in accordance with all applicable laws, by-laws, ordinances, rules, regulations,

codes and orders; and (iii) under the directions of Niagara Regional Housing; and

(b) remove all such temporary connections on the completion of the Work and make good

all finishes and services to the satisfaction of Niagara Regional Housing. 4.5.12 The Contractor shall assume all liability for and be responsible for loss of or damage to the

Contractor’s materials or equipment and for any materials delivered to the Contractor from whatever source to the site of the Work.

4.6 Interference 4.6.1 The Contractor shall maintain normal building operation and traffic flow, with a minimum of

inconvenience to the residents of the project. 4.6.2 The Contractor shall ensure that no essential services such as electric power and domestic hot water supply are interrupted for more than one continuous hour, and no longer than three consecutive hours for the heating system during the heating season except with the prior written permission of Niagara Regional Housing 4.6.3 The Contractor shall in every case where an interruption of service is to occur, make prior

arrangements with Niagara Regional Housing 4.7 Protection Until Niagara Regional Housing accepts the Work, the Contractor shall:

(a) provide adequate protection to public and property; (b) protect existing buildings, walls, floors, ceilings, furnishings, equipment, plant

materials, lawns and other areas affected by the Work from any damages resulting from performing work on this Contract;

(c) protect the Work from damages from any cause;

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(d) protect and be responsible for all new finished and unfinished work which is exposed and susceptible to vandalism or theft.

4.8 Cleaning and Disposal 4.8.1 At the end of each day’s work, the Contractor shall remove:

(a) all debris and hazardous impediments from work areas and the site, (b) all equipment and material which is not to be re-used for the Work from the site unless

stated otherwise in the Contract. 4.8.2 The Contractor shall provide on-site dump containers in locations approved by Niagara Regional

Housing, for collection of waste materials and rubbish. 4.8.3 The Contractor shall not burn or bury materials on site and not dispose of materials into storm or

sanitary sewers. 4.8.4 The Contractor shall co-ordinate and supervise the completion of operations of each trade and

provide a clean-up team to carry out the final clean up of finished surfaces as required for immediate use after acceptance.

4.9 Underground and Concealed Services 4.9.1 The Contractor shall be responsible for the protection of all pipes, ducts, cables, conduits, wires and

other services against damage arising from the performance of the Work. 4.9.2 The Contractor shall take all the necessary precautions to locate the underground and concealed

services and to protect them from damage. 4.9.3 The Contractor is responsible for making good to the satisfaction of the authorities concerned, any

damages to services resulting from the Contractor’s performance of the Work, without any additional cost to Niagara Regional Housing

4.10 Power Actuated Fastening Tools 4.10.1 The Contractor shall not use high velocity power actuated fastening tools. 4.10.2 The Contractor may use low velocity power actuated fastening tools only if operated by an operator

holding a valid operator’s certificate for the device being used. 4.11 Fire Protection 4.11.1 The Contractor shall take all necessary precautions during the performance of the Work to prevent

the possibility of fire, including the use of fire resistant sheets to protect adjoining areas, when welding, brazing and performing any operations with an open flame, combustible adhesives or inflammable solvents.

4.11.2 The Contractor shall comply with the Ontario Fire Code, by: (a) Shutting off and capping abandoned service lines; (b) Maintaining and protecting continuing service lines; (c) Providing fire watches as required; (d) Management of combustible salvage, waste and rubbish; (e) Protecting persons and properties;

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(f) Maintaining operable fire detection and protection equipment; (g) Maintaining fire fighters' access; (h) Providing temporary fire extinguishing equipment; and (i) Maintaining existing and temporary fire exits. 4.11.3 The Contractor shall at all times, when welding, brazing and performing any operations with an open flame, combustible adhesives or inflammable solvents, keep a portable fire extinguisher within three (3) meters of the operation. 4.11.4 The Contractor shall ensure that all rags and waste containing oil, grease or other inflammable

materials are stored in an approved metal container and are removed from the site at the end of each working day.

4.12 Cutting, Fitting and Patching 4.12.1 The Contractor shall not undertake any cutting, coring, drilling, grinding or the like of any portion of

the building envelope or structural elements, other than those indicated in the Contract without prior written approval of Niagara Regional Housing and in cases where such permission is granted, the Contractor, before commencing to cut any structural member must provide adequate supports and install a structurally acceptable alternative system.

4.12.2 The Contractor shall inspect existing conditions including elements subject to damage or movement

during cutting and patching. 4.12.3 The Contractor shall obtain Niagara Regional Housing’s approval before cutting, boring or sleeving

load-bearing members. 4.12.4 Where work connects with existing and where existing work is altered, the Contractor shall cut,

patch and make good to match existing. 4.13 Temporary Services

The General or Principal Contractor is responsible for providing temporary services during the contract for all construction purposes. Niagara Regional Housing may provide, free of charge, the following temporary services/facilities for construction purposes from existing facilities if available: 1) 110 volt electrical, 220 volt electrical (at available current) for temporary lighting and

operation of power tools. 2) A continuous supply of potable water. 3) Temporary telephone service for use on site as required or when deemed necessary by Niagara

Regional Housing All long distance calls made by the Contractor shall be paid for by the Contractor.

4) Connection with the appropriate utility company, including all costs for installation, maintenance, inspections, and removal from site.

Niagara Regional Housing may discontinue such services at any time to serve emergency requirements and will accept no liability for any damage or delay resulting from such withdrawal of the service.

4.14 Temporary Facilities 4.14.1 Temporary Toilet Facilities

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When existing facilities are unavailable, the Contractor shall provide temporary toilet facilities where directed and maintain to Municipal Sanitary regulations; and shall remove when work is complete and restore area to original condition.

4.14.2 Temporary Enclosures, Bracings, etc. The Contractor shall: 1. Isolate work areas to protect residents and workers from injury, private and public

property from damage, by providing guards, rails, hoardings, braces, shoring, underpinning, temporary covers, covered passageways, ramps, warning signs, visual and audible signals.

2. Provide necessary protection without interfering with free, safe passage and maximum possible use of the premises by residents.

3. Replace, repair or make good damage immediately. 4. Ensure that no unauthorized personnel are allowed in the work areas. 4.14.3 Temporary Storage 1. Storage facilities may be provided within or around building for the storage of

construction materials upon written approval by Niagara Regional Housing 2. The Contractor shall provide suitable coverings for materials that are to remain dry. 3. The Contractor shall deliver, store and maintain packaged materials and equipment with

manufacturer's seals and labels intact. 4. The Contractor shall prevent damage, adulteration, and soiling of material and equipment

during delivery, handling and storage and shall immediately remove rejected materials and equipment from site.

5. The Contractor shall store and maintain material and equipment in accordance with manufacturer's and supplier's instructions.

6. The Contractor shall not load, or permit to be loaded, any part of the work with a weight or a force that will endanger the work.

4.15 Existing Services The Contractor is responsible to ensure that: 4.15.1 All work associated with existing services shall be done in accordance with applicable codes. Obtain

and pay for any required permits or fees. 4.15.2 Prior to commencement of work, establish location and extent of service lines in the area of work and

notify Niagara Regional Housing of findings, when required. 4.15.3 Where unknown services are encountered, immediately advise Niagara Regional Housing and confirm

findings in writing. 4.15.4 Temporarily disconnect and remove existing services as may be necessary to gain access to the work.

Upon completion, reinstall and re-connect services to original condition. 4.15.5 Re-route any existing services, which interfere with the work of this contract. Extend or modify any

existing services as necessary to suit new conditions resulting from the work of this contract. 4.15.6 Obtain Niagara Regional Housing’s approval in all instances prior to making any modifications to the

existing services. 4.16 Heating and Ventilation

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The Contractor shall: 4.16.1 Pay for temporary heat and ventilation used during construction including cost of installation, fuel,

operation, maintenance and removal of equipment. Use of direct-fired heaters discharging waste products into work areas will not be permitted unless Niagara Regional Housing gives prior approval.

4.16.2 Furnish and install temporary heat and ventilation in enclosed areas as required to: 1. facilitate progress of work; 2. protect work and products against dampness and cold; 3. prevent moisture condensation on surfaces; 4. provide ambient temperature and humidity levels for storage, installation and curing of Materials; and 5. provide adequate ventilation to meet health regulations for safe working environment.

PART 5 ADHERENCE TO DRAWINGS AND SPECIFICATIONS

5.0 Materials and Workmanship - Acceptability 5.0.1 The Contractor shall ensure that all materials, products, equipment and systems are new and listed

in the Canadian Construction Materials Center’s “Evaluation Listing or Evaluation Reports”. 5.0.2 The Contractor shall give preference to materials, products and equipment of Canadian origin and

manufacture. 5.0.3 The Contractor shall ensure that all work is performed by competent mechanics, skilled in the

particular trade. Only first class workmanship will be accepted, not only with regard to safety, efficiency and durability, but also with regard to neatness and accuracy of detail.

5.0.4 The Contractor shall remove all unsatisfactory work and replace it at the Contractor’s expense to

the satisfaction of Niagara Regional Housing 5.0.5 If, in the opinion of Niagara Regional Housing, it is not expedient to correct defective work or

work not done in accordance with the Contract, Niagara Regional Housing may deduct from the Contract Price the difference in value between the Work as done and that called for by the Contract, the amount of which shall be determined by Niagara Regional Housing.

5.1 Deviations 5.1.1 The Contractor shall not make any deviations from the Drawings and Specifications without prior

written permission from Niagara Regional Housing and the Contractor shall correct unauthorized deviations at the Contractor’s expense.

5.2 Layout of Work 5.2.1 The Contractor shall be responsible for layout of all parts of the work in accordance with lines,

levels, elevations and measurements shown on the drawings. Errors resulting from failure to verify figures or the proper layout of any element of the installation shall be rectified without additional cost. The Contractor shall provide devices, stakes and other survey markers required to layout the work.

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5.2.2 The Contractor shall provide qualified personnel to layout and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator.

5.2.3 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case

of their destruction or removal, such stakes, marks, and reference points shall be replaced at the Contractor’s expense.

5.3 Standards 5.3.1 The specification refers to national and international standards, such as CGA, CGSB, CSA, ULC,

ASTM, etc. The Contractor must be familiar and comply with or exceed the requirements of these standards. Failure to comply may result in rejection of the work and the need to replace or repair at no additional cost.

5.3.2 In case of conflict or discrepancy, the more stringent requirements shall apply. 5.4 Changes in Work 5.4.1 Niagara Regional Housing, without invalidating the Contract, may make changes by altering,

adding to, or deducting from the Work, with the Contract Price and the completion date being adjusted accordingly.

5.4.2 No additional work shall be done nor shall other changes be made to the Contract without

receiving prior written authority from Niagara Regional Housing

5.5 Valuation of Changes in Work 5.5.1 Niagara Regional Housing shall determine the method of valuation of any change in the Work by

any one or more of the following methods: (a) by estimate and acceptance in a lump sum; (b) by unit prices; (c) by cost and percentage or by cost and a fixed fee.

5.5.2 In cases of an addition to the Work to be paid for pursuant to clause 5.5.1 (c), the Contractor shall

keep and present to Niagara Regional Housing in such form as Niagara Regional Housing may direct a correct account setting out overhead and profit and the net cost of labour and materials, together with vouchers. Niagara Regional Housing shall certify the amount including a total sum for overhead and profit not to exceed 15% of the net cost of labour and materials.

5.6 Samples of Materials, Testing of Materials 5.6.1 The Contractor shall furnish for the approval of Niagara Regional Housing or whomever Niagara

Regional Housing designates such samples of materials, tests and designs as required from time to time. The Work must be in accordance with the approved samples, tests and designs.

5.6.2 The Contractor shall pay all costs for such samples and tests required by the specifications. If not

specified, the cost of such samples and tests will be authorized as an addition to the Contract Price.

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5.6.3 Any inspections or testing required by Niagara Regional Housing as a result of defects, which were revealed by inspections, or testing carried out in the course of the Contract shall be carried out at the Contractor’s expense.

5.6.4 The Contractor shall not change the source of supply of any Material without the written authori-

zation of the Contract Administrator. 5.6.5 Material that is not specified shall be of a quality best suited to the purpose required, and the use

of such Material shall be subject to the approval of the Contract Administrator. 5.7 Performance Tests /Inspections The Contractor shall: 5.7.1 Perform and pay for all tests as required by the authorities having jurisdiction and as may be

required by Niagara Regional Housing to prove that all systems and equipment are performing as designed.

5.7.2 Make arrangements for, and pay for, required inspections or tests specified or as required by

governing authorities. 5.7.3 Submit two (2) copies of inspection and test reports promptly to Niagara Regional Housing 5.7.4 The Contractor shall allow sufficient time and access for Niagara Regional Housing or Niagara

Regional Housing's Consultant to inspect the work or analyze test results. 5.7.5 The Contractor shall not proceed until Niagara Regional Housing issues written approval of

inspection or testing.

5.8 Deficient Work 5.8.1 Where Niagara Regional Housing engages a Consultant to review, inspect or test any portion of the

Work, the Contractor will pay the cost of any additional inspections or testing required as a result of deficient work or lack of co-ordination on the Contractor’s part. “Lack of co-ordination” means additional inspections or testing are necessitated as a result of work not being sufficiently complete for scheduled inspections or the work is not completed within stipulated time frames.

5.8.2 The cost for such additional inspections or testing shall be the actual cost incurred by Niagara

Regional Housing, and will be deducted from the Contract Price. 5.8.3 Work shall proceed in accordance with written instructions issued by Owner, Owner’s Consultant,

and where applicable, authorities having jurisdiction. 5.9 Record/Shop Drawings, Samples, and Product Data (Contractor Retains Consultant) 5.9.1 The Contractor shall:

(a) When specified, obtain and pay for one set of erasable reproducible drawings; (b) As the job progresses, mark the prints, accurately to indicate all deviations from the

contract drawings; (c) At all times have all white prints available for inspection at the site;

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(d) Shall review all shop drawings prior to submission to Niagara Regional Housing or such person so designated by Niagara Regional Housing, to determine and verify all field measurements, construction conditions. Review product requirements; catalogue numbers and similar data and co-ordinate with requirements of the Work. Stamp date and sign shop drawings. At the time of submission, the contractor shall notify Niagara Regional Housing in writing of any deviations in the shop drawings from the requirements of the Contract documents;

(e) Submit shop drawings to Niagara Regional Housing for review in an orderly sequence and in sufficient time in advance so as not to cause any delay of the work or the Work of other Contractors. The Contractor and Niagara Regional Housing shall jointly prepare a schedule of dates for submission and return of shop drawings. Shop Drawings, which require approval of any legally constituted authority-having jurisdiction, shall be submitted to such authority by the Contractor for approval;

(f) Submit shop drawings in the form specified or as directed by Niagara Regional Housing who will review and return shop drawings with the schedule agreed upon or otherwise with reasonable promptness so as to not cause a delay. Niagara Regional Housing’s review shall not relieve the Contractor of responsibilities for errors and omissions in the shop drawings or for meeting all the requirements of the Contract Documents unless Niagara Regional Housing expressly notes the acceptance of a deviation of the shop drawings;

(g) Revise and resubmit shop drawings which Niagara Regional Housing rejects as inconsistent with the Contract Documents. The Contractor shall notify Niagara Regional Housing in writing of any revisions to the resubmission other than those requested by the Consultant;

(h) Indicate materials, methods of construction and attachment or anchorage, details of existing components affected erection diagrams, explanatory notes and other information necessary for the completion of the Work;

(j) Be responsible for the submission and receipt of acceptances and approvals to ensure unnecessary work delays;

(k) Submit for review, five (5) sets of prints (unless otherwise noted) of shop drawings, product data sheets or brochures for each item required by the Contract Documents or as Niagara Regional Housing may reasonably request.

(l) Adjustments made on shop drawings by Niagara Regional Housing are not intended to change the Contract Price. Review is for the purpose of ensuring code, legislation or by-law compliance;

(m) Make changes to shop drawings as required by Niagara Regional Housing If directed by Niagara Regional Housing, revise and resubmit shop drawings with the modifications required, for conformance to the Contract Documents;

(n) Not proceed with the Work until shop drawings are acceptable to Niagara Regional Housing;

(o) Record and maintain as-built drawings throughout the progress of the work, including operation and maintenance information;

(p) Submit samples as requested, in duplicate unless noted otherwise in specification sections; (q) Assemble, and submit reproducible “as Built” drawings, maintenance and operating

manuals prior to application; of final payment. 5.9.2 The Contractor shall, after the work is completed, transfer all information to the set of drawings

required taking special care to indicate buried drains, inverts and dimensioned distances from visible reference points such as walls or columns, and shall deliver that set of drawings to Niagara Regional Housing.

5.10 Toxic and Hazardous Substances

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5.10.1 The Contractor shall abide by the provisions of the Canadian Environmental Protection Act, 1999, S.C. 1999, c.33, and any associated Regulations, as may be amended (CEPA 1999).

5.10.2 Prior to the Contractor commencing the Work, Niagara Regional Housing shall:

(a) take all reasonable steps to establish whether or not any toxic or hazardous substances are present at the Place of the Work, and

(b) provide the Contractor with a written report indicating all toxic or hazardous substances of such findings.

5.10.3 If the Contractor encounters toxic or hazardous substances at the Site, or has reasonable ground

to believe that toxic or hazardous substances are present at the place of the Work, the Contractor shall take all reasonable steps, including stopping the Work to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to the presence of the substances, and immediately report the circumstances to Niagara Regional Housing in writing.

5.11 Occupational Health and Safety Act 5.11.1 The Contractor shall abide by the provisions of all Acts and Regulations pertaining to health and

safety including without limitation the Occupational Health and Safety Act, Ontario Regulation 213/91 under the Occupational Health and Safety Act, Workplace Hazardous Materials Information System (W.H.M.I.S.) R.R.O. 1990, Regulation 860, last amended O. Reg. 36/93.

5.11.2 The contractor shall ensure that all of its employees comply with all applicable safety standards

and equipment requirements as well as all applicable legislation including, but not limited to, the Occupational Health and Safety Act including the regulations thereto.

5.11.3 The Contractor shall label all hazardous materials according to the requirements of WHMIS and

maintain on site a list of all hazardous materials (as required by WHMIS Regulation) proposed for use on site together with current Material Safety Data Sheet (MSDS), and shall supply Niagara Re-gional Housing with a current copy of the list and MSDS sheets.

5.11.4 The Contractor shall provide detailed written procedures for safe handling, storage and use of such

hazardous materials including clean up and disposal requirements in accordance with the Environmental Protection Act.

5.11.5 The Contractor shall ensure workmen are experienced, fully instructed and trained in accordance

with the requirements of WHMIS. 5.11.6 The Contractor shall provide and maintain in working order suitable ULC fire extinguishers located

in suitable positions to the approval of authorities having jurisdiction. 5.11.7 The contractor shall:

1. Have in place a health and safety policy and safe work procedure. 2. Provide copies of contractor’s safety meeting minutes 3. Have a competent supervisor on site at all times 4. Provide notice of safety representative

5.12 Asbestos

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5.12.1 The Contractor shall comply with the requirements of Ontario Regulation 278/05 respecting Asbestos on Construction Projects and in Buildings and Repair Operations – made under the Occupational Health and Safety Act.

5.12.2 The Regulation referenced in 5.12.1 applies to:

o every project and its owner; o every constructor, employer and worker engaged in or on a project; o the repair, alteration or maintenance of a building; o every employer and worker involved in the repair, alteration or maintenance of the building and Niagara Regional Housing of the building; o every building in which material that may be Asbestos Containing Materials (ACM) has been

used and Niagara Regional Housing of the building; o the repair, alteration or maintenance of machinery, equipment, aircraft, ships, locomotives,

railway cars and vehicles and work on a building that is necessarily incidental to the repair, alteration or maintenance of machinery or equipment where it is likely that ACM may be handled, dealt with, removed or disturbed and every employer and worker engaged in this work to which Regulation 837 does not apply;

o the demolition of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles and; o every employer and every worker engaged in the demolition. This includes contractors and subcontractors who perform work for or supply services to the employer.

5.12.3 Contractors are to obtain from Niagara Regional Housing the individual portfolio Asbestos

Assessment, completed and on file with Owner, indicating the presence of asbestos-containing materials likely to be handled, dealt with, disturbed or removed, whether friable or non-friable.

5.12.4 Material determined to be asbestos containing are to be inspected at reasonable intervals in order to

determine condition. 5.12.5 In accordance with the Occupation Health and Safety Act, all employees of the Contractors shall

be trained in the inherent dangers in handling asbestos, including: a) Methods of recognizing asbestos. b) Health effects associated with asbestos. c) Relationship between personal hygiene and hazardous materials identified on site. d) Nature of operations that could result in exposure to asbestos.

e) Required instruction in controls, practices and procedures to minimize exposure, including: i) Engineering controls ii) Work practices iii) Respirators iv) Housekeeping procedures v) Hygiene facilities vi) Protective clothing vii) Decontamination procedures viii) Emergency procedures ix) Waste disposal procedures

5.12.6 If material is discovered during renovations that is not listed in Niagara Regional Housing’s portfolio asbestos assessment report, all work is to stop and the Contractor shall notify Niagara Regional Housing immediately.

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5.12.7 Bulk sample testing of the material shall be conducted by the Contractor to determine material content. Bulk sampling is performed using the principle method stated in Section 3 of. Reg. 278/05. Materials suspected of containing asbestos are to be homogeneously grouped; meaning that samples which appear to be the same age, type, colour and texture are assumed similar in material content.

5.12.8 According to the Ontario Regulation 278/05, a total of three (3) samples shall be collected for each

homogeneous material, not including fireproofing, meaning same composition and colour. Each sample collected shall be taken from within different areas of the building in order to have a representative sample. Prior to sampling, the materials shall be misted with amended water to prevent airborne asbestos fibres. Each sample collected shall be placed in a zip lock bag, labelled and sent to an accredited laboratory for Polar Light Microscopy analysis.

5.12.9 Under the duties of employers outlined in OHSA, the requirement for owners under the Regulation

of Construction Projects – Ontario Regulation 213/91 as amended by 628/05, a competent person shall perform tests & observations necessary for the detection of hazardous conditions on a project.

5.13 Polychlorinated Biphenyls (PCB) 5.13.1 The Contractor shall conform to Ontario Regulation 362 under the Environmental Protection Act,

as amended. 5.14 Waste Management The Contractor shall: 5.14.1 Apply waste management practices of reduction, reuse and recycling for waste materials on this

project. 5.14.2 Obtain Niagara Regional Housing's approval for any used materials proposed for use in lieu of new

materials. 5.14.3 Separate the following waste materials for recycling: (a) corrugated cardboard; (b) wood waste; (c) gypsum board; (d) ferrous metals; (e) concrete; and (f) brick. 5.14.4 Transfer recyclable waste materials intended for disposal to recycling storage/handling facilities,

where such facilities exist within 70 kilometres of site. 5.14.5 Identify sorting, storage and disposal requirements anticipated during construction to maximize

waste diversion. 5.14.6 Encourage manufacturers/suppliers to eliminate over packaging of materials. 5.14.7 Include the cost for implementing waste diversion program in the base Bid Price. 5.15 Co-ordination 5.15.1 The Contractor shall examine requirements of materials, labour and equipment standards for the

work of this contract.

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5.15.2 The Contractor shall ensure that where the work of one trade is to be built-in or is to be incorporated

into or is dependent on the work of another trade, material, labour and equipment are provided so as to avoid work delays.

5.15.3 The Contractor shall ensure that installations, individually and collectively, fully comply with

contract requirements.

PART 6 PAYMENT AND WARRANTY 6.0 Payment and Holdbacks 6.0.1 For the purpose of the Construction Lien Act, the Payment Certifier shall be Niagara Regional

Housing, or any person Niagara Regional Housing may designate from time to time. As required by the Construction Lien Act, the Payment Certifier shall:

(a) determine and certify substantial performance; and (b) determine completion.

6.0.2 Niagara Regional Housing will make payments to the Contractor as follows: (a) 90% of the invoiced amounts submitted by the Contractor to Niagara Regional

Housing prior to substantial performance and not more frequently than monthly for labour, material and services incorporated in the Work to the satisfaction of the Payment Certifier or delivered to the site and supported by such evidence of correctness as the Payment Certifier may require;

(b) 10% of the amounts invoiced prior to substantial performance and held back pursuant to the Construction Lien Act, 1990, within a reasonable time after the expiration of the applicable lien period following the date of publication of the Certificate of Substantial Performance if there are no claims outstanding pursuant to the Construction Lien Act, 1990 and if the Work performed is to the satisfaction of the Payment Certifier;

(c) any further amount due under the Contract upon completion of the Contract to the satisfaction of the Payment Certifier, subject to any holdback for deficiencies and as required by the Construction Lien Act, 1990.

6.0.3 Where applicable the Contractor shall obtain an inspection certificate for any installation, which

is part of the Work from the Federal, Provincial or Municipal authority responsible for the issuance thereof and shall deliver such certification to Niagara Regional Housing before receiving final payment.

6.0.4 Application for Progress Payments

(a) Commencing from the second payment and subsequent payments, except the

final and release of holdback applications, the Contractor may be required to submit a Statutory Declaration. Statutory Declaration shall be the standard CCA Form 9B.

(b) For release of holdback on work under a subcontract, which is 100% complete, the Sub-contractor shall submit a Statutory Declaration (CCA form 9C), which shall accompany the Contractor’s Statutory Declaration for Progress Payments.

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(c) With application for statutory holdback the Contractor shall submit a statutory declaration (CCA Form 9A).

(d) The Contractor shall submit to the Contract Administrator proposed percentages of work complete, for evaluation, prior to formal invoice submission.

(e) Assemble and submit reproducible “As Built” drawings, maintenance and operating manuals prior to applications of final payment.

(f) The Contractor shall provide Niagara Regional Housing with evidence of valid insurance and WSIB coverage before payment is made.

6.1 Evidence of Publication 6.1.1 If the Contractor requests and receives a Certificate of Substantial Performance, the Contractor

shall provide Niagara Regional Housing with evidence of publication (including name of paper, date of publication, etc.) of the issuance of the Substantial Performance.

6.2 Tax Changes 6.2.1 In the event of any change in any applicable tax made public after the Closing Date, the Contract

Price shall be adjusted by an amount equal to the increase or decrease in the cost of the Work to the Contractor brought about by the change in such tax.

6.3 No Additional Payment for Increased Costs 6.3.1 The amount payable to the Contractor under the Contract will not be increased or decreased by

reason of any increase or decrease in the cost of the Work brought about by any increase or decrease in the cost of plant equipment, labour, materials or the wage rates set out and prescribed herein.

6.4 Warranty 6.4.1 The Contractor shall warrant the Work covering both labour and material for a period of one (1)

year (except where noted otherwise) from the date of completion to the satisfaction of Niagara Regional Housing and extend the warranty on replaced parts and workmanship for a period of one (1) year from the date of acceptance of the replacement parts and workmanship.

6.4.2 The warranty given pursuant to this section shall not limit extended warranties on any items of

equipment or material called for elsewhere in the Specifications. 6.4.3 The Contractor shall, to the extent permitted by manufacturers and suppliers, assign to Niagara

Regional Housing the benefit of any warranty by any manufacturer or supplier in addition to the warranty as provided in subsection 6.4(1).

6.4.4 The Contractor shall expedite the preparation and submission of warranties, particularly extended

period warranties, as specified. 6.4.5 The Contractor shall provide warranties fully executed and notarized. 6.4.6 Final payment will not be released until all warranties have been received by Niagara Regional

Housing

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6.4.7 Valid insurance and WSIB coverage shall be in force and valid for the duration of the warranty period. The Contractor shall provide proof of such coverage.

PART 7 DISPUTE RESOLUTION

7.0 DISPUTE RESOLUTION 7.0.1 If a dispute occurs between the parties concerning any matter governed by the Agreement, the

Contract Administrator of the party raising the dispute shall promptly advise the Housing Opera-tions Manager of the other party in writing, and the two parties shall work together and use all reasonable efforts to resolve the dispute.

7.0.2 If the two parties are unable to resolve the dispute informally within five (5) business days of it being referred to them, the dispute shall be forwarded in writing to the CEO and the Housing Op-erations Manager for resolution. Using direct communications, the CEO and the Housing Opera-tions Manager will have fifteen (15) business days from the matter being referred to them to re-solve the dispute. If the CEO and Housing Operations Manager do not resolve the dispute, the dispute may, with the consent of both parties, be referred to and finally resolved by arbitration under the Arbitration Act, 1991, S.O. 1991, c. 17, as amended. The place of arbitration will be the office of Niagara Regional Housing, 1815 Sir Isaac Brock Way, Thorold Ontario.

3874 PORTAGE ROAD MASONRY REPAIRS

Specifications

Project Location: 3874 Portage Road,

Niagara Falls, Ontario

Prepared for: Niagara Regional Housing NRH

1815 Sir Isaac Way Campbell East PO Box 344

Thorold, ON L2V 3Z3

Prepared by: MTE Consultants Inc.

1016 Sutton Drive, Unit A Burlington, ON L7L 6B8

April 7, 2017

MTE File: 39431-102

Masonry Repairs GENERAL INSTRUCTIONS 3874 Portage Rd, Niagara Falls ON 01005 -1 PART 1 - GENERAL 1.1 Scope

.1 Project Description Repairs to masonry, as shown on the drawings or specified herein.

.2 Project Location: 3874 Portage, Niagara Falls ON .3 Work under this Contract includes all items listed in the Contract documents, specifications and drawings. 1.2 Construction Schedule .1 Contractor shall prepare and submit construction schedule prior to commencing the Work. .2 Schedule to include all major operations and the duration of each event. .3 Submit updated construction schedule with each application for payment. 1.3 Use of Site/Working Hours .1 Materials and equipment to be located within the unit or stored off site. .2 Contractor shall relocate any materials or equipment which interferes with the Owners operation of the building. .3 Work will normally be carried out between the hours of 8:00 a.m. to 5:00 p.m.,

Monday to Friday (excluding holidays) unless otherwise authorized by Niagara Regional Housing.

1.4 Codes and Standards .1 Perform Work in accordance with the Ontario Building Code (latest revision) and any other applicable legislation and authorities having jurisdiction. In the case of discrepancies, the most stringent requirements shall apply. .2 All work shall meet or exceed the applicable standards and Contract documents. .3 Provide portapotty for own staff as required by OHSA and current regulations. 1.5 Submittals .1 WSIB and Insurance Certificates (with Niagara Regional Housing as named

insured) for Prime Contractor and sub-contractors open award. .2 Form 1000 for Prime and sub-contractor. .3 Notice of Project for any general contractor over $50,000, Type 3 work, or

other required items by OHSA. .1 NOP and all WSIB, Insurance, Form 1000 forms must be posted in a

conspicuous location and/or with job safety board. 1.6 Examination .1 The drawings and specifications indicate general locations of components. Contractor shall verify locations, quantities and dimensions on site. In the case of a discrepancies, immediately contact the Owner for clarification. Do not proceed with the Work until direction is provided. Failure to notify Owner and proceeding with the work may result in additional work by the Contractor to meet Owners intent, at no additional cost to the Owner. .2 Examine drawings, specification and site to determine extent of work involved.

Masonry Repairs GENERAL INSTRUCTIONS 3874 Portage Rd, Niagara Falls ON 01005 -2

In no circumstances will any claims against the Owner be accepted resulting from failure to ascertain the extent of work implied or described herein.

1.7 Concealment of Services .1 Contractor shall conceal pipes, wiring, conduit, and ductwork in flooring, walls and ceiling construction, unless indicated otherwise. 1.8 Cutting, Fitting and Patching .1 Cutting, fitting and patching shall be done in a neat, professional manner to fit work properly and tight to existing work and surface penetrations. 1.9 Existing Services .1 Work involving connections to existing services to be carried out in coordination with the Owner to minimize disruptions to building occupants. .2 Work shall be pre-planned to minimize the event duration and measures taken to restore the service in a timely manner. .3 Document locations of any rerouted or abandoned services. Abandonment of services to comply with applicable legislation. 1.10 Materials and Equipment .1 Use new materials and equipment, unless noted otherwise. .2 Use one manufacturer for equipment and materials of the same type, unless noted otherwise. .3 Install materials and equipment in accordance with the manufacturer's latest written instructions. .4 Notify Owner in writing of any discrepancy between Contract documents and manufacturer's instructions, prior to commencing. .5 Provide protection against electrolytic reactions of dissimilar metals. .6 Use non-corrosive fasteners, anchors and hardware for exterior work or work exposed to moisture prone environments. .7 Conceal fasteners where possible. Exposed fasteners to be evenly spaced and installed symmetrically. .8 Obtain Owners approval prior to using any explosive actuated fastening tools. .9 Deliver, store and maintain packaged materials and equipment with manufacturer's labels intact. .10 Materials and equipment to be handled and stored in accordance with manufacturer's instructions. .11 Approved Equals: Substitutions of any specified items shall be

submitted minimum 48 hours prior to tender closing for review. Approved items will be listed in addenda.

1.11 Quality Control .1 Contractor is responsible for the quality control of allwork, including work by subcontractors, to ensure compliance with Contract documents. .2 Contractor shall rectify or replace any components identified by the Owner which do not meet the intent of the Contract documents, at no additional cost. .3 All new material and equipment shall be free of any defect or deformation. 1.12 Deficiency Review

Masonry Repairs GENERAL INSTRUCTIONS 3874 Portage Rd, Niagara Falls ON 01005 -3 .1 Contractor shall notify the Owner when the project is complete for coordination of a deficiency review. .2 Owner will issue a list of deficiencies for the Contractor to complete. .3 Contractor shall complete the deficiencies and sign-off on each line item verifying its completion. .4 Owner will complete re-inspection once all deficiency items listed are complete. 1.13 Cleaning .1 Conduct all cleaning and disposal operations in compliance with local requirements and anti-pollution laws. .2 Prevent accumulation of wastes which creates hazardous conditions. .3 Use only cleaning materials recommended by the manufacturer of the surface being cleaned. .4 Remove debris and waste on a daily basis. Leave site broom clean daily. .5 Clean site prior to painting and finishing operations to prevent dust creation. Vacuum clean all surfaces prior to painting and finishing operations. .6 Conduct final cleaning upon completion of the work. Removal all foreign materials for all exposed surfaces. Clean all light reflectors, lenses, fixtures and equipment (inside and outside). Replace all HVAC filters and clean associated ductwork if unprotected or operational during construction activities. Remove all temporary manufacturer's labels and adhesive, polish surface clean. 1.14 Warranty .1 Provide a signed certificate to Niagara Regional Housing warranting all labour

and materials for a period of one year after substantial completion. .2 Contractor shall correct all defects or deficiencies in the work which appear

during the one year warranty period at no additional cost to Owner. 1.15 Project Closeout .1 Provide all warranties, as-built documentation, maintenance materials and operating manuals with request for final payment. .2 Provide manufacturer's maintenance and operating materials and instructions for all supplied equipment and fixtures.

END OF SECTION

Section 01 10 00 SCOPE OF WORK

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3874 Portage Road, Niagara Falls MTE File No. 39431-102 Masonry Repairs Niagara Regional Housing

PART 1 GENERAL Work under this contract is to repair the exterior brick veneer at 3874 Portage Road, Niagara Falls; in order maintain the integrity of the brick and reinforce the exterior walls to protect the façade from further cracking. PART 2 SCOPE OF WORK – BASE BID

The work includes, but is not limited to, the following: 2.1 Item A: General Items

.1 Mobilization/Demobilization: Provide all labour, materials, and equipment necessary to undertake the work. Upon project completion, remove all materials and equipment and restore the site to original conditions.

.2 Access: Provide access to all exterior walls at all exterior masonry areas, and as

required to facilitate the performance and inspection of the work described herein. This shall include all related equipment, safety supervision, engineering, etc. No access shall be made available through suites. The main tower of the building has roof anchors capable of supporting swing stage access.

.3 Exterior Construction Barrier: Supply, install and maintain a construction barrier

around the exterior work and lay down areas at all times. Provide portable chain link fencing at lay down area. Provide temporary barricade to prevent tenant access to balconies when working on individual balcony drops.

.4 Grade Level Protection: Provide overhead protection at all building entrances and

exits and all emergency and service routes. .5 Traffic Flow: Access for garbage removal, emergency routes, and parking in areas

not affected by the work must be maintained at all times. Supply, install and maintain traffic lights, signage, mirrors, and flags-people as necessary to ensure smooth traffic flow around the building.

.6 Lay Down Area: An exterior lay down area will be provided on site for the storage of

materials and tools. .7 Shoring: Provide temporary masonry shoring as required to support removals as

outlined in Section 04 05 23. .8 Bonding/Surety: Arrange for and obtain all necessary bonds in accordance with

Niagara Regional Housing’s general requirements. .9 Mock Up: Complete a mock-up of the brick installation for review by the Consultant

and for Owner approval of mortar and brick colour. .10 All Other Items: Costs for items which are not specifically itemized and described

below, but are required to complete the work in accordance with the Drawings and/or Specifications, and whose quantities can be pre-determined, are to be included under “All Other Items”.


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2.2 Item B: Masonry Repairs

All masonry repairs are to conform to Section 04 05 23 and the drawings.

.1 Localized Brick Replacement .1 Identify repair locations by hammer-sounding the brick surface and mark out

locations for review and approval by the Consultant prior to proceeding with the work herein.

.2 Remove and replace loose, spalled, cracked or otherwise deteriorated bricks for the full depth of the bricks. Proceed with the brick removal from the top of the wall and work your way down. Take care not to remove sound brick adjacent to areas of removal unnecessarily.

.3 Salvage brick that can be reused. Only reuse brick that is approved by the Consultant. Brick and mortar replaced shall match existing.

.4 Where the shelf angle is exposed in the course of brick removal, clean the angle of all existing corrosion. Where section loss of 5-10% or greater is discovered, notify the Consultant for review of the angle.

.5 Coat the cleaned angle with zinc rich paint.

.2 Mortar Joint Repointing .1 Identify cracked and otherwise deteriorated mortar joints for review by the

Consultant. .2 As agreed with the Consultant, rout deteriorated mortar joints and strike

edges of removals flush with a chisel. .3 Re-point joints with a colour matched mortar.

.3 Installation of Retrofit Ties .1 Install retrofit helical masonry ties into the block back-up wall over the entire

field of the wall at the tower. At the short return walls, install one tie centered horizontally on the wall and ties spaced vertically as specified in section 04 05 23.

.2 Install horizontal joint reinforcing helical ties into joints as agreed with the Consultant. Pay item shall be based on a 1000mm tie length.

.3 Repoint the joints where horizontal reinforcement has been installed using tie manufacturer’s recommended mortar or grout.

.4 Joint Sealant Replacement

.1 Remove all existing elastomeric joint sealants from horizontal and vertical masonry control joints.

.2 Where there is also mortar installed in the control joint, rout out the joint to the full depth of the brick.

.3 Install joint backing material and new elastomeric joint sealant as specified in section 07 92 00.

2.3 Item C: Cash and Contingency Allowances

.1 Cash Allowance for Testing: Arrange and pay for third party testing as outlined with the technical sections of this specification.


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.2 Cash Allowance for Permits: Arrange for and obtain building permits through the Local Municipality.

.3 Cash Allowance for Miscellaneous Repairs: Cash allowance to cover repairs to

unforeseen or concealed conditions found during construction. Work under this item is only to be completed under direction of the Consultant in writing.

PART 3 SCOPE OF WORK – OPTIONAL ITEMS 3.1 Item O1: Exterior Window Sealant Replacement

.1 Install new perimeter sealants at the exterior of the windows, as specified in Section 07 92 00.

END OF SECTION

Section 01 33 00 SUBMITTALS, MOCK-UPS AND WARRANTIES

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PART 1 SUBMISSION REQUIREMENTS 1.1 Purpose

.1 This section is to be read in conjunction with, and supplement procedures for submittals as outlined in CCDC-2 conditions, and Niagara Regional Housing General Conditions.

1.2 Acceptable Forms

.1 Acceptable forms of submission are hard copy delivered to the Consultant’s address or electronic transmission to the Consultant in .pdf format:

.1 Electronic submissions exceeding 10 Megabytes in size require coordination for delivery to the Consultant via email.

1.3 Transmittal

.1 Each submission by the Contractor shall be accompanied by a transmittal sheet. The transmittal sheet shall include:

.1 Name and address of project prominently displayed;

.2 Name of Contractor, Owner, and Consultant;

.3 Date of submission; and

.4 Itemized list of the contents of the submission, including relevant specification section for each item and number of pages or samples associated with each item.

1.4 Product Data

.1 Manufacturer’s product data sheets and material safety data sheets shall be submitted for all products being used in the completion of the work.

1.5 Samples

.1 Each sample provided by the Contractor shall be an accurate representation of the work to be completed. They shall be prepared using the same tools to be used in completion of the work.

.2 Samples submitted for colour selection or texture only shall be noted as such on the

submission transmittal. .3 The Consultant will retain sample submissions until completion of the work. .4 Where colour or texture samples are submitted the manufacturer’s name, product

name and colour or texture shall be clearly indicated on the sample. 1.6 Shop Drawings

.1 Shop drawings shall be reviewed by the Contractor for general conformance to specifications prior to submission to the Consultant. The Contractor shall affix a company stamp to the drawings indicating their review.


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.2 Drawings to clearly indicate dimensions in metric scale. .3 Drawings shall clearly detail all anchor points, connections, transitions, and methods

of attachment. .4 Drawings requiring design by a Professional Engineer, including but not limited to

scaffolding design and anchor design, shall be signed and sealed by a Professional Engineer licensed to practice in the province of Ontario.

1.7 Others

.1 Any other submittal not fitting a category called out above (ex. Letter from a manufacturer, etc.) shall be subject to the same submission requirements as outlined in this document.

PART 2 GENERAL SUBMISSIONS 2.1 Required Submissions

.1 Prior to commencement of any work the Contractor shall submit to the Consultant the following:

.1 Detailed project schedule, showing key milestones and contingency days;

.2 Notice of Project;

.3 WSIB clearance;

.4 Insurance Certificates (with Niagara Regional Housing and MTE Consultants Inc. listed as additionally insured);

.5 Performance Security as required by Niagara Regional Housing; and

.6 Emergency Contact Information. PART 3 SECTION SPECIFIC SUBMITTALS 3.1 General

.1 No work of any section shall be commenced until all submissions of that section have been approved and returned to Contractor by the Consultant.

.2 Coordinate submission of all items of a single section to prevent delays and duplicate

submissions. .3 The Consultant will be entitled to 10 working days from the date of receipt for review

of all submissions. If a submission is time sensitive, requiring review prior to end of 10 working days, the Consultant must be notified in writing of the date review must be completed and the reason for the earlier date at the time the original submission is made.


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3.2 Submittal Schedule

.1 The following submissions must be made to the Consultant:

Section Required Submittals Niagara Regional Housing General

Conditions

Bid Security in the form and amount as required by the General Conditions.

Niagara Regional Housing General

Conditions

Performance Bond (Original document required) The Performance Bond shall remain in effect for a period of 2 years from the date of Substantial Performance as defined in the governing lien legislation (or, where no definition exists, the date when work is ready for use or is being used for the purpose intended).


Conditions

General Liability Certificate of Insurance in CSIO or equivalent format with named as additional insured


Conditions

Schedule with details of each aspect of the work


Conditions

Building Permit


Conditions

Pre-existing Deficiencies in work areas. If one is not submitted, the Contractor is responsible for addressing the deficiencies if the Consultant suspects the deficiency may have been caused by the work.

04 05 23 – Brick Masonry Restoration

Test Results Report from each anchorage load test conducted on the mock-ups.

PART 4 MOCK-UPS 4.1 General

.1 No mock-up shall be constructed prior to submission and approval of all required submittals related to the work of the mock-up.

.2 Build mock-ups on site for review and approval prior to beginning construction of the

work. Approved mock-ups will constitute part of the finished construction where finishes and textures are the same as those selected by the Owner.

.3 Mock-up installation location will be selected by the Consultant.


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.4 Mock-up shall be completed by the same workers who will be completing the full construction, using the tools and products to be used during regular construction.

.5 The Contractor will alert the Consultant and the Owner prior to commencement of

the mock-up construction. Construction of the mock-up is not to commence unless the Consultant is present on site.

.6 The Consultant may require field testing of the mock-up. The mock-up will not be

approved until such field tests as are deemed necessary have been passed. .7 Mock-up construction shall be completed such that the construction schedule is not

delayed due to corrections or material lead times. 4.2 Mock-up Schedule

.1 The following mock-ups are to be constructed for review by the Consultant:

Section Required Mock-Ups 04 05 23 – Brick

Masonry Restoration Masonry Mortar and Grout: 1) For pre-bagged mortar, one mock- up to include batch trial mix of selected initial mortar colour(s) and repoint a sample area. 2) For site mix mortar, three mock- ups with separate batches to include batch trial mix of selected initial mortar colour(s) and repoint sample areas.


Masonry Control Joints: One mock-up each including: a) Cutting-out existing joint and installing new vertical control joint. Include sealant and anchorage as required by project details. c) Cutting-out existing joint and installing retrofit horizontal soft joints. Include sealant as required by project details.


Masonry Repointing: One mock-up each of cutting-out and repointing of joints, both in regular mortar joints and in previously caulked joints (where applicable).


Masonry Anchorage and Reinforcing for Testing: 5 mock-ups of each connector to be used for the purposes of visual inspection and load testing by the Consultant and/or Manufacturer.


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Section Required Mock-Ups 07 92 00 - Sealants Elastomeric Joint Sealants For Review of

Application Methods: Complete a minimum of 3 mock-ups for each material and substrate type, with the manufacturer representative present, that includes the following: 1) Install the specified sealant at representative locations; 2) checking existing sealant removal and surface preparation procedures (solvent wipe and primer, etc.); and 3) Allow the sealant to cure according to manufacturer recommendations. Preform adhesion testing at a minimum of 3 locations for each material and substrate type.

PART 5 WARRANTIES 5.1 General

.1 All warranties provided under this section are in addition to those required of the Niagara Regional Housing General Conditions.

.2 Unless otherwise stated, the warranty shall include, at no cost to the Owner, all

labour and materials to correct the defects and deficiencies. This shall include removal and reinstating components where required to gain access to the defect and/or deficiency. The warranty shall include all performance and aesthetic related issues as determined by the Consultant, such as leakage, de-bonding, corrosion, fading, discolouration, etc. The warranty excludes reasonable wear and tear.

.3 The warranty period is one year from the date of Substantial Completion of the entire

project unless otherwise noted. No warranties shall commence from the date of partial completion.

END OF SECTION

Section 04 05 23 BRICK MASONRY RESTORATION

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PART 1 GENERAL 1.1 Description

.1 This section specifies the materials and methods for brick replacement, masonry

repointing, connecting masonry to its structural backing, and providing internal reinforcement within the masonry.

1.2 Related Requirements

.1 07 92 00 – Sealants 1.3 References

.1 ASTM International: .1 ASTM A36/A36M-12, Standard Specification for Carbon Structural Steel. .2 ASTM A167-99(R2009), Standard Specification for Stainless and Heat-

Resisting Chromium-Nickel Steel Plate, Sheet, and Strip. .3 ASTM A580/A580M-13a, Standard Specification for Stainless Steel Wire. .4 ASTM A641/A641M-09a, Standard Specification for Zinc-Coated

(Galvanized) Carbon Steel Wire. .5 ASTM A666-10, Standard Specification for Annealed or Cold-Worked

Austenitic Stainless Steel Sheet, Strip, Plate, and Flat Bar. .6 ASTM C73-10, Standard Specification for Calcium Silicate Brick (Sand-Lime

Brick). .7 ASTM C126(2014) Standard Specification for Ceramic Glazed Structural Clay

Facing Tile, Facing Brick, and Solid Masonry Units. .8 ASTM C216-13, Standard Specification for, Facing Brick (Solid Masonry

Units Made of Clay or Shale).

.2 CSA Group: .1 CSA A23.1/A23.2-09, Concrete Materials and Methods of Concrete

Construction/Test Methods and Standard Practices for Concrete. .2 CAN/CSA-A179-04(R2014) Mortar and Grout for Unit Masonry. .3 CAN/CSA-A370-04(R2009), Connectors for Masonry. .4 CAN/CSA-A371-04(R2009), Masonry Construction for Buildings. .5 CSA S304.1-04(R2010), Design of Masonry Structures. .6 CAN/CSA-A82-06(R2011), Fired Masonry Brick Made From Clay or Shale.

1.4 Site Conditions

.1 Assemble and erect components when temperatures are above 4°C. .2 Hot Weather Requirements:

.1 Protect freshly laid masonry from drying too rapidly, by means of waterproof, non-staining coverings.

.2 Grout shall be placed in masonry at a maximum temperature of 50°C.

.3 Avoid repointing areas that will be exposed to direct sunlight unless precautions are taken to avoid exceeding the specified maximum temperature.

.4 Spray mortar surface at intervals and keep moist for maximum of 3 days after installation.


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1.5 Delivery, Storage and Handling

.1 Deliver materials to job site in dry condition. .2 Deliver materials to site in original factory packaging, labelled with manufacturer's

name and address. .3 Store materials off ground in dry location and in accordance with manufacturer's

recommendations in clean, dry, well-ventilated area. .4 Store and protect masonry accessories from nicks, scratches, and blemishes. .5 Keep materials dry until use except where wetting of bricks is specified. .6 Replace defective or damaged materials with new.

1.6 Inspection and Testing

.1 Masonry Mortar and Grout: .1 Test mortar and grout in accordance with CAN/CSA-A179, as required by the

Consultant: .1 Compressive strength testing before construction begins, at time of

preparation of mock-ups; and .2 Random testing of job-mixed mortars.

.2 Three cubes shall be tested at 7 days. The remaining 3 shall be tested at 28 days.

.2 Masonry Anchor and Reinforcement:

.1 Notify Consultant for review of the following: .1 Mock-up and load testing; .2 Connector location layout; .3 Reinforcement location layout; and .4 Connector and reinforcement installation.

.2 In addition the load testing performed on the mock-up, a minimum of 1% but not less than 3 connectors for each application may be tested during the progress of the work. Each load test shall include pull-out testing from both the masonry veneer and from the back-up wall.

.3 Should connectors fail to resist the specified loads, adjust the connector locations to achieve the required strengths.

.3 Brick Replacement:

.1 Notify Consultant for review of the following: .1 Identification of bricks to be removed; and .2 Brick replacement.

1.7 Quality Assurance and Qualifications

.1 The masonry contractor shall have a minimum of five years of experience on projects of similar size and magnitude, and shall provide continuous active supervision while masonry work is in progress.


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1.8 Site Measurements

.1 Make site measurements necessary to ensure proper fit of members. PART 2 MATERIALS AND PRODUCTS 2.1 Manufactured Units

.1 Manufactured Clay Brick Units: to CAN/CSA-A82 .1 Type: S .2 Grade: EG .3 Size: To match existing .4 Colour and texture: To match existing .5 Solid

.2 Calcium Silicate Brick: to ASTM C73

.1 Grade: SW

.2 Size: To match existing

.3 Colour and texture: To match existing

.3 Brick Tinting: Tint brick as required if suitable brick match cannot be sourced. Tint shall be by Nawkaw, Permatint or approved alternate.

2.2 Existing Brick

.1 Use hard, sound and clean existing bricks salvaged on site with Consultant’s approval.

2.3 Masonry Mortar and Grout

.1 Use same brands of materials and source of aggregate for entire project. .2 Water: potable and free of deleterious matter and acids and alkalis. .3 Pre-Bagged Mortars

.1 Pre-bagged Type N mortar, CSA A179 low alkali content cement, with white, type 10, non-staining Portland cement and pre-mixed aggregate (standard grey/beige aggregate, not white silica sand), or approved equivalent:

Manufacturer Product

Daubois Inc. Betomix Plus Type N King Packaged Materials Co. King 1-1-6 mortar mix

.2 Match mortar as close as possible to existing with respect to colour and

texture, as approved by Owner. Coordinate with manufacturer to batch trial mixes for comparison with original mortar. Once accepted by Consultant and Owner, ensure production batches match approved mix design for aggregate mix to maintain uniform colour.


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2.4 Masonry Anchorage and Reinforcing

.1 General:

.1 All masonry connectors shall meet the minimum requirements for strength and corrosion protection as defined in CSA A370.

.2 All hot-dipped galvanized components shall be hot dipped after fabrication.

.3 All components required to be stainless steel shall be as per ASTM A580/A666.

.4 Unless otherwise specified, the minimum pullout connector strength shall be 1000N (1kN).

.2 Retrofit Masonry Connectors for Solid Back-Up:

.1 Helical Dry-Fixed Retrofit Connectors, Stainless Steel Grade 304:

Manufacturer Product Blok-Lok Spira-Lok Helical Wall Tie Helifix North America Helifix Retrofit Wall Tie Simpson Strong Tie Company Inc. Heli-Tie™

.2 For ties installed through mortar joints, provide size and length to achieve the

following:

Back-up wall type

Tie Diameter (mm) (in back-

up/veneer)

Minimum embedment in back-up (mm)

Tie recess from veneer face (mm)

Minimum pullout

(kN) Concrete Block 8/8 70 6±2mm 2.0

.3 For ties installed through the face of masonry units due to poor mortar bond,

provide size and length to achieve the following:

Back-Up Wall Type

Tie Diameter (mm) (In Back-

Up/Veneer)

Minimum Embedment In Back-Up

(mm)

Tie Recess From Veneer Face (mm)

Minimum Pullout

(kN)

Masonry 10/10 70 6±2mm 2.0

.3 Horizontal Joint Reinforcing / Stitching Cracks .1 Use one of the following helical stainless steel rods Grade 304 to reinforce

horizontal mortar joints:

Manufacturer Product Blok-Lok Spiro-Bar Helifix North America HeliBar Thor Helical Thor Helical Reinforcing Bars Simpson Strong-Tie Company Inc. Heli-Tie™ Helical Stitching Tie

.4 Patching Materials

.1 For patching the tie holes in mortar joints, use colour matched repointing mortar.


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.2 For patching tie holes in face of bricks, use colour matched urethane sealant as per Section 07 92 00.

2.5 Moisture Control

.1 Weep Hole Vents: Goodco Brick vents or approved equivalent. PART 3 EXECUTION 3.1 Sequence of Work

.1 Before starting Work on any Panel, the Contractor and the Consultant shall together review the area to be restored and the amount of Work will be defined.

.2 Install ties prior to performing work on shelf angles or cracked brick. Do not cut

control joints until new ties are installed where required. .3 Introduce horizontal soft joints and vertical control joints starting from the top of the

building. Around corners, start on the side with the shortest length of joint to be cut. Do not commence masonry repairs above a shelf angle until the soft joint below the angle and the vertical control joints above it are cut.

.4 Perform removals from the upper most masonry unit and proceed down. At all times

ensure that masonry adjacent to the work area is fully supported against vertical and lateral movement.

.5 Repair back-up wall as required, to provide a sound substrate for anchors and to

provide a solid back up, free of voids. .6 Replace or clean/coat steel shelf angles and other exposed steel components. .7 Install through-wall flashing over original shelf angles and other exposed steel

components, which will not be embedded in concrete, or polymer modified mortar. .8 Reinstate masonry units. Anchor units to back-up wall / provide lateral joint

reinforcement as indicated by Consultant. .9 Repoint joints around masonry units to match existing. Mortar joint colour shall be

approved by the Owner. 3.2 Extents

.1 Verify locations and dimensions of areas of Work with Consultant. .2 In areas of work, identify salvageable bricks with Consultant.

3.3 Removals

.1 Remove chipped, cracked, and otherwise damaged units in exposed masonry and replace with undamaged new units.


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.2 Remove existing masonry to the extent required using sufficient care so as not to

disturb existing sound masonry, which is to remain. .3 Avoid cutting into backup concrete, concrete block or masonry. Do not overcut into

adjacent cladding or structural components. Stop sawcut short of removal limits and remove remaining mortar by hand with hammer and chisel.

.4 Do not remove masonry connectors where exposed. .5 Provide shoring as necessary to adequately support masonry at all times. As a

minimum, the shoring system shall ensure that no more than a 1 m width of masonry is unsupported at any time.

.6 Reinstate at no cost to the Owner, such surrounding undamaged and sound

masonry units that have been loosened or damaged by the Contractor during demolition.

.7 Remove all existing mortar from the bonding surface. .8 Carefully dismantle, clean, and store bricks for re-use if approved by the Consultant.

3.4 Pre-bagged Mortars

.1 Mix masonry mortar in accordance with CSA A179 except where specified otherwise. .2 Obtain samples of existing mortar from below surface of existing joints. Do not

include soiled mortar. .3 Supply factory coloured mortar to match existing “clean” mortar colour. .4 Strictly follow mixing procedures called for by the manufacturer. Prepare and mix

mortar materials under strict supervision and in small batches for immediate use only. Restrict mortar batching to one experienced worker. Use calibrated equipment. The consistency of grout shall be as recommended by the manufacturer.

.5 Use mortar within 2-1/2 hours when air temperature is less than 250C and within 1-

1/2 hours when air temperature is 250C or higher, or as directed by manufacturer. 3.5 Unit Masonry Restoration

.1 Install new masonry units to match existing lines and levels. .2 Bond: to match existing. .3 Coursing Height: to match existing. .4 Jointing: to match existing. .5 Mixing and blending: mix units within each pallet and with other pallets to ensure

uniform blend of colour and texture.


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.6 Clean unglazed clay masonry as work progresses.

3.6 Brick Replacement

.1 Repoint all sawcuts or void joints in backup concrete or block prior to replacing brick. .2 Except in cold weather, wet bricks having an initial rate of absorption exceeding 1

g/minute/1000mm2 wet to uniform degree of saturation, 3 to 24 hours before laying and not lay until surface dry. For bricks requiring wetting wet tops of walls when recommencing work.

.3 Make bonding surface of existing masonry damp prior to laying new bricks. .4 New bricks shall be dry prior to laying. Keep face free from stains, chips and cracks.

Do not use chipped, cracked or deformed units. .5 Lay masonry in bonding to match existing in full beds of mortar. In areas of existing

brick where bricks are to be replaced, maintain existing bonding pattern. Maintain lines and levels. Maintain vertical face of brick within 3mm.

.6 Buttering corners of units, throwing mortar droppings into joints, deep or excessive

furrowing of bed joints, will not be permitted. .7 Do not shift or tap units after mortar has taken initial set. Where adjustment must be

made after mortar has started to set, remove mortar and replace with fresh supply. .8 When mortar is "thumbprint" hard, tool all mortar joints slightly concave or to match

existing. Use sufficient force to press mortar tightly against brick units on both sides of joints.

.9 Lay all joints nominally 10mm thick. Align coursing with existing brickwork.

.10 At shelf angles or flashing, install Goodco brick vents at every 3rd head joint min., do

not exceed 800 mm o/c spacing to drain and vent the wall. 3.7 Masonry Anchorage and Reinforcement

.1 General: .1 Install ties as required by the Scope of Work, drawings, or as directed by the

Consultant. .2 Adjust connector or tie locations and spacing as required to prevent

penetrating through-wall flashings. .3 Install connectors and ties in conformance with the manufacturer’s written

specifications and CSA-A370. .4 Take measures to monitor drilled holes depths to monitor for variations in

cavity and wythe widths, and to avoid damaging interior elements.

.2 Tie Spacing: .1 Ties shall be located within 300mm from the top of the masonry panels and

within 400mm above the bottom of the masonry panels.


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.2 At openings (windows, doors, louvres, etc.), ties shall be located not more than 300mm from the edge of openings.

.3 In the “field” of the masonry wall, install ties at maximum 800H x 600mm on centre.

.3 Helical Ties:

.1 Helical ties shall be installed without the use of adhesives (i.e. dryfixed).

.2 The embedment depth and entry hole sizes shall be as determined to provide satisfactory results during the mock-up.

.3 The ties are to be installed into sound horizontal (bed) mortar joints only.

.4 Drill an entry hole through the mortar joint only using a high speed rotary percussion drill.

.5 Drill an entry hole into the back-up wall using a SDS type electric hammer drill. Drill entry-hole a minimum of 12mm (½”) beyond the required embedment depth.

.6 Drive the helical tie into the entry holes using the manufacturer’s recommended setting tool mounted on a SDS type electric hammer drill.

.7 Countersink ties 6mm ± 2mm beyond the exterior face of the mortar.

.8 The ties are to be installed into sound horizontal (bed) mortar joints only.

.9 Drill an entry hole through the mortar joint and steel studs using multi-diameter customized drill bit.

.10 Insert the fastening device using the setting tool.

.11 Place the tie by hand to a depth of between 5/8" and 3/4".

.12 Patch over the ends of the connectors using colour matched repointing mortar and tool to match the adjacent mortar joint.

.4 Patching Wall at New Connectors/Ties:

.1 Patch over the ends of the connectors/ties using colour matched repointing mortar and tool to match the adjacent mortar joint.

.2 Patch over the ends of the connectors using colour matched repointing mortar where the ties are installed through the face of the brick. Tool flush with face of the bricks and texture to match the existing finish.

3.8 Repointing Mortar Joints

.1 Identify areas to be repointed with the Consultant. .2 Rack the mortar joints square to a depth of 2 to 2-1/2 times the joint thickness.

.3 Remove all loose material from surfaces of the adjacent masonry. .4 Clear out joints with water to get rid of all loose debris. .5 Fill the joints with pre-bagged mortar. The mortar shall be well compacted with the

substrate. .6 Mortar joint and colour shall match existing joints.


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3.9 Brick Vent Installation .1 Install weep hole vents in vertical joints immediately over flashings, in exterior wythes

of cavity wall and masonry veneer wall construction, at maximum horizontal spacing of 600 mm.

3.10 Brick Tinting

.1 Brick tinting is to be applied in two coats. Care must be taken to follow all

recommendations of the tint applicator. Any alterations to the brick to be tinted or already tinted brick, such as cleaning or surface treatments of any kind, must be confirmed in writing not to affect the tint warranty. Provide mock-ups of each proposed tint colour (minimum 6 tinted bricks for each colour) for the Owner’s approval.

3.11 Cleaning

.1 All dusting, mortar droppings or other stains on masonry or other surfaces, which

were generated by the work, shall be removed as the work progresses. .2 Perform further cleaning after mortar has set and cured. .3 Clean masonry with stiff natural bristle brushes and plain water only. Vinegar or

chemicals are not to be used without approval of the Consultant. 3.12 Protection

.1 Keep masonry dry using waterproof, non-staining coverings that extend over walls and down sides sufficient to protect walls from wind driven rain, until masonry work is completed and protected by flashings or other permanent construction.

.2 Cover completed and partially completed work not enclosed or sheltered with

waterproof coverings at the end of each work day. Anchor securely in position. .3 Provide temporary bracing of masonry work during and after erection until permanent

lateral support is in place. .4 Obtain approval from Consultant for methods of enclosure and protection with the

following requirements:

Mean daily air

temperature, °C

Protection

0 to 4 Masonry shall be protected from rain or snow for 48 h

-4 to 0 Masonry shall be completely covered for 48 h

-7 to -4 Masonry shall be completed covered with insulating blankets for 48 h


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Mean daily air

temperature, °C

Protection

-7 and below The masonry temperature shall be maintained above 0°C for 48 h by enclosure and supplementary heat

3.13 Completion of Day's Work

.1 Ensure that all areas of brick/mortar removal are adequately protected from penetration of rainwater.

Protect adjacent finished work against damage, which may be caused by on-going work.

END OF SECTION

Section 07 92 00 SEALANTS

Page 1


PART 1 GENERAL 1.1 Description

This Section specifies the materials and methods for work involving sealants at vertical and horizontal masonry control joints and around the perimeters of the window.

1.2 Related Work

.1 04 05 23 Brick Masonry Restoration

1.3 References

.1 American Society for Testing and Materials (ASTM):

.1 ASTM C510 - Standard Test Method for Staining and Color Change of Single or Multicomponent Joint Sealants.

.2 ASTM C661 - Standard Test Method for Indentation Hardness of Elastomeric Type Sealants by Means of a Durometer.

.3 ASTM C719 - Standard Test Method for Adhesion and Cohesion of Elastomeric Joint Sealants Under Cyclic Movement (Hockman Cycle).

.4 ASTM C794 - Test Method for Adhesion-in-Peel of Elastomeric Joint Sealants.

.5 ASTM C834 - Standard Specification for Latex Sealants.

.6 ASTM C920 - Standard Specification for Elastomeric Joint Sealants.

.7 ASTM C1193 - Guide for Use of Joint Sealants.

.8 ASTM C1247 - Test Method for Durability of Sealants Exposed to Continuous Immersion in Liquids.

.9 ASTM C1248 - Standard Test Method for Staining of Porous Substrate by Joint Sealants.

.10 ASTM C1311 - Specification for Solvent Release Sealants.

.11 ASTM C1330 - Cylindrical Sealant Backing for Use with Cold Liquid Applied Sealants.

.12 ASTM C1382 - Test Method for Determining Tensile Adhesion Properties of Sealants When Used in Exterior Insulation and Finish Systems (EIFS) Joints.

.13 ASTM C1521 - Standard Practice for Evaluating Adhesion of Installed Weatherproofing Sealant Joints.

.14 ASTM D412 - Test Methods for Vulcanized Rubber and Thermoplastic Elastomers Tension.

.15 ASTM D624 - Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic Elastomers.

.16 ASTM D2203 - Standard Test Method for Staining from Sealants.

.17 ASTM D2240 - Test Method for Rubber Property - Durometer Hardness.

.2 Canadian General Standards Board (CGSB): .1 CAN/CGSB 19.13-M87 - Sealing Compound, One-Component, Elastomeric,

Chemical Curing. .2 CAN/CGSB 19.17-M90 - One-Component, Acrylic Emulsion Base Sealing

Compound. .3 CAN/CGSB 19.21-M87 - Sealing and Bedding Compound, Acoustical. .4 CAN/CGSB 19.24-M90 - Multicomponent, Chemical-Curing Sealing

Compound.


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.5 CAN/CGSB 51.23-92 - Spray-Applied Rigid Polyurethane Cellular Plastic Thermal Insulation.

1.4 Delivery, Storage and Handling

.1 Delivery materials to site in original factory packaging, labeled with manufacturer’s

name and address.

.2 Store materials off ground, indoors in dry location and in accordance with manufacturer’s recommendation in clean, dry, well-ventilated area.

.3 Replace defective or damaged materials with new.

1.5 Site Conditions

.1 Proceed with installation of joint sealants only when: .1 Ambient and substrate temperature conditions are within limits permitted by

joint sealant manufacturer or are above 4°C. Should it become necessary to apply sealants at temperatures below 5°C, inform the Consultant and consult the sealant manufacturer’s representative. Proceed on their written instructions only.

.2 When working in cold temperatures, only clean/prime as much surfaces that can be sealed before frost and/or condensation re-occur.

.3 Joint substrates are dry and frost free.

.4 Conform to manufacturer’s recommend temperature, relative humidity, and substrate moisture content for application and curing of sealants including special conditions governing use.

.2 Joint substrate conditions:

.1 Proceed with installation of joint sealants only after contaminants capable of interfering with adhesion are removed from joint substrates.

1.6 Quality Assurance and Qualifications

.1 Surface preparation and sealant installation shall be carried out by a recognized

specialized applicator that is thoroughly trained and competent in all aspects of this work.

.2 The Contractor shall arrange for the sealant manufacturer’s representative to inspect

the work, perform on-site adhesion testing at the mock-up and at regular intervals during the work. Provide written project recommendations including observations made during site visits and on-site test results in accordance with the project specifications.

.3 Notify Consultant for review of surface preparation prior to sealant application, and

completed sealant application prior to demobilizing from each work area.


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PART 2 PRODUCTS 2.1 Exterior Sealants

.1 Polyurethane Sealants for window frame to masonry joints and masonry control

joints: .1 Use one of the following Type S, Grade NS, Class 25, moisture curing

polyurethane sealant, conforming to ASTM C 920 and CAN/CGSB-19-13-M:

Manufacturer Product Sika Construction Sikaflex 15LM Tremco Ltd. Tremco Dymonic 100 or FC

2.2 Cleaners and Primers

.1 Cleaner

Non-corrosive and non-staining type, compatible with joint forming materials and sealant in accordance with sealant manufacturer’s written recommendations.

.2 Primers:

.1 Use primers in accordance with sealant manufacturer’s specifications.

.2 Primers shall be recommended by the sealant manufacturer for surfaces to be adhered to and shall not be detrimental to the surface to which it comes in contact.

2.3 Joint Backing Material

.1 Backer Rod: extruded polyolefin foam, non gassing and have a diameter 25% larger

than joint width. .2 Bond breaker Tape or wax crayon.

PART 3 EXECUTION 3.1 Examination

.1 Verify that conditions of existing substrate are acceptable for joint sealants

installation in accordance with manufacturer's written instructions: .1 Visually inspect substrate and inform the consultant of unacceptable

conditions immediately upon discovery. .2 Proceed with installation only after unacceptable conditions have been

remedied.

3.2 Surface Preparation

.1 Examine joint sizes and conditions to establish correct depth to width relationship for installation of backup materials and sealants.


Page 4


.2 Clean bonding joint surfaces of harmful matter substances including dust, rust, oil grease, and other matter which may impair Work.

.3 Do not apply sealants to joint surfaces treated with sealer, curing compound, water

repellent, or other coatings unless tests have been performed to ensure compatibility of materials. Remove coatings as required.

.4 Remove all existing sealant to expose a sound substrate, without damaging adjacent

finishes or causing damage to the substrate: .1 Remove dust, paint, loose mortar and other foreign matter by brushing and

vacuuming or blowing air. .2 Remove dust, silt, scale, oxidation and coating by scraping, wire brushing or

grinding.

.5 Clean only as much area as can be sealed in one 1 hour. If cleaned areas are exposed to rain or contaminants (dirt, dust, etc.), the surface must be cleaned again.

.6 Ensure joint surfaces are dry and frost free.

3.3 Priming

.1 Select priming material compatible with sealant manufacturer.

.2 Where necessary to prevent staining, mask adjacent surfaces prior to priming and

caulking.

.3 Prime sides of joints in accordance with sealant manufacturer's instructions immediately prior to caulking. If primed areas are exposed to rain or contaminants (dirt, dust, etc.), the surface must be cleaned and re-primed.

3.4 Backup Material

.1 Select backup material compatible with sealant manufacturer.

.2 Apply bond breaker tape where required to manufacturer's instructions.

.3 Install joint filler to achieve correct joint depth and shape, with approximately 30%

compression.

.4 Joint backing must be thoroughly dry. Do not install more joint backing and bond breaker tape than can be sealed in one working day.

3.5 Application

.1 Apply sealant in accordance with manufacturer's written instructions.

.2 Mask edges of joint where irregular surface or sensitive joint border exists to provide

neat joint.

.3 Apply sealant in continuous beads. For vertical joints, apply sealant in continues operation from bottom to top. For horizontal joints, apply sealant in a single direction.


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.4 Use sufficient pressure to fill voids and joints solid. Ensure sealant is well adhered to

joint backing and substrate.

.5 Form surface of sealant with full bead, smooth, free from ridges, wrinkles, sags, air pockets, embedded impurities.

.6 Tool exposed surfaces before skinning begins to give slightly concave shape.

.7 Remove excess compound promptly as work progresses and upon completion,

before compound cures.

.8 Ensure existing drainage holes provided for wall systems are not blocked by the sealant material.

.9 Profile:

.1 Maintain the minimum and maximum sealant depths as recommended by the manufacturer. Provide sealant depth that is ½ the joint width where possible within these limits. Increase average sealant size as required to accommodate application tolerances.

.2 Unless otherwise approved by the Consultant, joint widths shall be greater than 10mm. Identify any joint widths less than this width to the Consultant for direction.

.3 For joints wider than 19mm, application of sealant in several passes may be required (depend on joint configuration, weather conditions, access and material type). Follow the sealant manufacturer’s recommendations for maximum joint width and application methods.

.10 Curing:

.1 Cure sealants in accordance with sealant manufacturer's instructions.

.2 Do not cover up sealants until proper curing has taken place.

3.6 Cleaning

.1 Leave Work area clean at end of each day.

.2 Clean adjacent surfaces immediately.

.3 Remove excess and droppings, using recommended cleaners as work progresses.

.4 Remove masking tape after initial set of sealant.

3.7 Protection

.1 Protect installed products and components from damage during construction.

.2 Repair damage to adjacent materials caused by joint sealants installation.

END OF SECTION

DRAWINGS

Closing Date: Wednesday, May 24, 2017 at 11:00 a.m. Local Time I offer to complete the Work strictly as required by the Quote/Tender documents with Addenda(s) numbered _____________ (list all Addenda) within ___________weeks of the date of receipt of the Contract Order for a lump sum fixed price (including all taxes) of

TOTAL CONTRACT PRICE (includes HST) $_______________________________ Please indicate the amount of HST included in above price. $________________

This tender is firm, irrevocable and open to acceptance by Niagara Regional Housing for 60 days from the date of Tender Closing.

BID SECURITY I enclose a bid bond, certified cheque, bank draft or irrevocable letter of credit in the minimum amount of $12,000.00

Twelve Thousand------------------------------------------------xx/Dollars

payable to Niagara Regional Housing and valid for 60 days from the date of Tender Closing.

DECLARATION I have examined the Tender Documents and have visited the site prior to preparing this Tender. I have set out any information on subcontractors required by the Tender Documents any unit prices, any separate prices and any substitutions in the Appendices attached to and forming part of this Tender: I have completed and included all Schedules with this submission. I certify that: a) I am not a party or privy to any deceit to mislead the Niagara Regional Housing into accepting this Tender as a

truly competitive Tender whether to the prejudice, injury or benefit of the Niagara Regional Housing; b) The prices contained in this Tender are quoted in good faith without any collusive arrangement with any other

person or entity; c) I have no financial interest in any other entity which is or has rendered goods or services to Niagara Regional

Housing or is submitting a Tender for this Work, except for the following: ______________________________________________________________________________

d) I acknowledge that I have read and agree to the terms and conditions of the tender documents.

Dated this_______________ day of _________________ 2017

Full Company Name: (Apply Corporate Seal if Bidder is a Corporation – See 3.3 of Instructions to Bidders)

Address:

City: Postal Code:

Phone No:

Fax No: Mobile No:

Email:

Insurance Company & Policy No:

*WSIB No:

Signature:

Print Name:

Signature: Print Name:

Witness: Print Name:

*WSIB – Workplace Safety & Insurance Board

BID SUBMISSION FORM

Note: 1. Where the context requires words in the singular in this Tender Submission Form and all appendices shall include the plural. 2. The Bidder shall provide, together with the Bidder’s Tender, at the Bidder’s expense, bid security in the amount set out above.

Job Type: Masonry Repairs Location: 3874 Portage Road, Niagara Falls

PT-17-13

SCHEDULE 2 CONTRACTOR’S QUALIFICATION STATEMENT

__________________________________________________________________________________________ This document is intended to provide information on the capacity, skill and experience of the Contractors.

Applicant may supplement information requested with additional sheets if required.

NOTE: THIS FORM MUST BE SUBMITTED WITH TENDER SUBMISSION FORM

SUBMITTED BY: Firm Name: _____________________________________________________________________________________________ Address: _______________________________________ City: ___________________________ Postal Code :_____________ Phone No. ________________________ Fax No. ___________________________ Mobile No. __________________________

LEGAL STRUCTURE: Year Established Corporation Partnership Registered Sole Proprietor Other: __________________________________________________________________________________________________ Names & Titles of Officers, Partners, Principal: _________________________________________________________________ ________________________________________________________________________________________________________

ANNUAL VALUE OF CONSTRUCTION WORK FOR THE PAST FIVE YEARS Year Value Year Value Year Value

$ $ $

Year Value Year Value

$ $

KEY OFFICE PERSONNEL PROPOSED FOR THE PROJECT, QUALIFICATIONS AND EXPERIENCE (e.g. Project Manager, Foreman, etc.) Name Title/Position

PRINCIPAL PROJECTS COMPLETED IN THE PAST FIVE YEARS

REFERENCE NO. 1 Project Title and Location: ________________________________________________________________________________________________________ Description of Work: ______________________________________________________________________________________

Contact Person: Phone No.

Consultant: Phone No.

Project Value: $

Date Completed:




Project Value: $

Date Completed:




Project Value: $

Date Completed:

I declare that the information provided is true and correct to the best of my knowledge. Signature & Title: _______________________________________________ Date: __________________________

I, ____________________, understand that it is a condition of any contract that I am required, under Conflict of Interest Policy B-17 in the Niagara Regional Housing General Administration Manual, to report any possible or actual conflict of interest that may arise during the course of my contract with Niagara Regional Housing I further understand that the term “Conflict of Interest” is defined as:

“a conflict between a personal and/or business interest(s) and the responsibility to the contract with Niagara Regional Housing. This includes actual or potential conflicts. A conflict of interest may exist whether or not a pecuniary advantage could be conferred on the contractor/supplier”.

I confirm that: TRUE FALSE 1.

I do not have any Conflict of Interest, actual or perceived, that would affect or appear to affect my contractual obligations with NRH If there is a conflict please describe:

2. I do not have access to confidential information that would result in prejudice to NRH or confer on me any type of unfair advantage. If False please provide explanation

3. There are no former employees or Directors of NRH appointed to my Board and/or my company has employed in the last five years If false please provide names

Company Name:

Signature:

Title:

Date:

SCHEDULE 4 CONFLICT OF INTEREST

Certificate of Insurance – Standard Rev. 2015/04/17

CERTIFICATE OF INSURANCE - Standard RE: LOCATION AND NATURE OF OPERATION TO WHICH THIS CERTIFICATE OF INSURANCE APPLIES (“THE CONTRACT”): Region’s #:

NAMED INSURED: INSURERS AFFORDING COVERAGE (EXACT F.S.C.O. LICENSED NAME)

Address: INSURER(S) LICENSED TO CONDUCT BUSINESS IN ONTARIO AND/OR CANADA

City: Province: Postal Code: INSURER A

Telephone #: Fax #: INSURER B

ADDITIONAL INSUREDS AS REQUIRED BY THE CONTRACT: INSURER C

The Regional Municipality of Niagara Niagara Regional Police Services Board INSURER D

Niagara Economic Development Corporation OTHER ADDITIONAL INSUREDS AS REQUIRED BY THE CONTRACT:

Niagara Regional Housing

CHECKED BOXES CONFIRM COVERAGE IN PLACE

COMMERCIAL GENERAL LIABILITY (“CGL”) POLICY

INSURER A B C D

POLICY #

EFFECTIVE DATE

EXPIRY DATE

GENERAL AGGREGATE

$

EACH OCCURRENCE

$

OCCURRENCE BASIS PERSONAL INJURY & ADVERTISING INJURY $ MEDICAL PAYMENTS (ANY ONE PERSON) $

BODILY INJURY, DEATH & PROPERTY DAMAGE BROAD FORM PROPERTY DAMAGE $ TENANT’S LEGAL LIABILITY $

CROSS LIABILITY & SEVERABILITY OF INTEREST DEDUCTIBLE $ SELF-INSURED RETENTION $

BLANKET CONTRACTUAL LIABILITY PRODUCTS & COMPLETED OPERATIONS $ LIQUOR LIABILITY $

PREMISES & OPERATIONS EMPLOYER’S LIABILITY OWNER’S & CONTRACTORS PROTECTIVE

ADDITIONAL INSURED ENDORSEMENT: ATTACHED TO FOLLOW XCU (EXPLOSION, COLLAPSE, UNDERPINNING IF NOT PERFORMED BY SUBCONTRACTOR) NON-OWNED AUTOMOBILE $ SEF 94

NO SEXUAL ABUSE AND MOLESTATION EXCLUSION OTHER OTHER

AUTOMOBILE LIABILITY (“AUTO”) POLICY

INSURER A B C D

POLICY #

EFFECTIVE DATE

EXPIRY DATE

BODILY INJURY

$

PROPERTY DAMAGE

$

ALL OWNED AUTOMOBILES ALL LEASED AUTOMOBILES STANDARD EXCESS AUTOMOBILE

EXCESS/UMBRELLA LIABILITY POLICY

INSURER A B C D

POLICY #

EFFECTIVE DATE

EXPIRY DATE

GENERAL AGGREGATE

$

EACH OCCURRENCE

$

EXCESS POLICY UMBRELLA POLICY OCCURRENCE BASIS SELF-INSURED RETENTION $ DEDUCTIBLE $

FOLLOWS FORM TO: CGL POLICY # AUTO POLICY # ADDITIONAL INSURED ENDORSEMENT ATTACHED TO FOLLOW

OTHER

ALL INSURANCE COVERAGES INDICATED ABOVE COMPLY WITH THE CONTRACT EXCEPT AS SPECIFIED:

PROVISIONS/AMENDMENTS/ENDORSEMENTS A. The above noted Additional Insured(s) has/have been added as Additional Insured ONLY with respect to the CGL Policy, and, if any, Builder’s Risk Policy, but only with respect to liability arising out of the operations of the Named Insured. B. The Policies identified above shall apply as primary insurance and not excess to any other insurance or self insurance available to the Additional Insured(s). C. Any failure to comply with any terms and conditions of the Policies of the Named Insured shall not affect coverage provided to the Additional Insured(s). D. In the event that there is a material change in risk or cancellation of coverage before the expiration date of any of the above described Policies, the undersigned will give thirty (30) days prior written notice by registered mail or facsimile transmission to: The Regional Municipality of Niagara Attention: Corporate Services, Legal Division, 2201 St. David's Road, P.O. Box 1042, Thorold, Ontario L2V 4T7 Fax#: 905-685-7931

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE AS DESCRIBED ABOVE HAVE BEEN ISSUED BY THE UNDERSIGNED TO THE NAMED INSURED AND ARE IN FORCE AT THIS TIME. THIS CERTIFICATE OF INSURANCE IS EXECUTED AND ISSUED TO THE ADDITIONAL INSURED(S) ON THE DATE WRITTEN BELOW. Name of Insurer or broker issuing Certificate

Telephone number

Address

Fax number

Email Address

Name of authorized representative or official (Please print.)

Signature of authorized representative or official Date (yy-mm-dd)

NOTICE OF NO BID

Tender/Quotation No: PT-17-13

Closing Date: May 24, 2017

PLEASE READ THIS It is important to Niagara Regional Housing to receive a reply from all invited bidders. There is no obligation to submit a bid, however, should you choose not to bid, completion of this No Bid form will assist NRH in determining the type of services for which you may have an interest in bidding on in the future.

INSTRUCTIONS If you are unable, or do not wish to submit a bid, please complete the following portions of this form. State your reason for not bidding by checking applicable boxes or by explaining briefly in the space provided. It is not necessary to return any other quotation/tender documents. Just fax or mail this completed form prior to the official closing date and time.

1. We do not manufacture/supply this commodity/service 2. We do not manufacture/supply to this specification 3. Unable to bid competitively 4. Quantity/job too large 5. Quantity/work too small 6. Cannot handle due to present workload 7. Cannot meet delivery/completion requirements 8. Insufficient time to respond 9. Unable to meet bonding requirements at this time 10. Unable to meet insurance requirements 11. Licensing restrictions 12. Project outside of our geographical area Do you wish to bid on these good/services in the future? Yes No Other reasons or additional comments:

Company Name: Address: Contact Person: Phone Number: Fax No: Email Address:

Niagara Regional Housing Tender Submission

Label Template Important: Please clearly mark TENDER and tender information on outside of envelope or courier packaging. NRH is not responsible for tenders improperly marked if sent by mail or courier. It is recommend couriers be sent a day prior.

TENDER – DO NOT OPEN TENDER NO: PT-17-13

CLOSING DATE: May 24, 2017 @ 11:00 a.m. JOB DESCRIPTION: MASONRY REPAIRS LOCATION: 3874 Portage Road, Niagara Falls

MANDATORY SITE MEETING

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