Procurement Services · Pockwock Lake is an oligotrophic lake characterized as a low-pH (pH

Procurement Services 450 Cowie Hill Rd.

P.O. Box 8388 RP0 CSC

Halifax, NS B3K 5M1

Telephone: (902) 490-4998

REQUEST FOR PROPOSAL

#P33.2019

JD Kline WSP – Process Upgrade Strategy

Sealed bids submitted on the included bid form on a vendor identified envelope marked:

RFP# P33.2019 – JD Kline WSP – Process Upgrade Strategy

Addressed to:

Halifax Water

Attn: Brent Hickman

Procurement Services

450 Cowie Hill Road


Halifax, NS B3K 5M1

Will be received until 2:00 p.m. Atlantic Time, Thursday, October 31, 2019 for the above RFP

as per the specifications and terms and conditions.

Check for changes to this request – Before submitting your proposal, visit the Provincial

Government Web Portal at www.novascotia.ca/tenders to see if any Addenda detailing changes

have been issued on this proposal. Changes may be posted up until the proposal closing time. It

is the bidders’ responsibility to acknowledge and take into account all Addenda.

Bidders shall be solely responsible for the delivery of their proposals in the manner and time

prescribed. Proposals received after the date and time specified shall be rejected.

Electronic and facsimile proposals are not accepted.

The lowest or any submission will not necessarily be accepted.

RFP Issue Date – October 3, 2019

http://www.novascotia.ca/tenders

PROPONENT’S SUBMISSION SHEET

The undersigned hereby acknowledges that he/she, as an officer of the stated corporation, has read and

understands the specifications, requirements, and proposed agreement regarding the JD Kline WSP –

Process Upgrade Strategy to Halifax Water. He/she further acknowledges that the seller’s proposed

product, equipment, materials, and services fully meet or exceed those as specified in Halifax Water’s

Request for Proposal. Additionally, the Proponent agrees that all its bid documents and responses to the

aforementioned Request for Proposal will, at the option of Halifax Water, become a legally binding and

essential portion of the final contract between the successful Proponent and Halifax Water. The following information must be completed to ensure proposal acceptance.

*ADDENDA No. ______________ to ______________ INCLUSIVE WERE CAREFULLY EXAMINED.

DATED THIS DAY OF , 2019.

PROPONENT’S COMPANY NAME: ____________________________________________________________________

ADDRESS: ____________________________________________________________________

____________________________________________________________________

CITY/ PROVINCE: ____________________________ POSTAL CODE: ________________________

PHONE NO.: ____________________________ FAX NO.: ________________________

EMAIL ADDRESS: ____________________________________________________________________

WEBSITE: ____________________________________________________________________

CONTACT NAME (please print): ____________________________________________________________________

TITLE (please print): ___________________________________ PHONE NO.: _____________________________________

AUTHORIZED SIGNATURE: _____________________________________________________________________________

HST REGISTRATION NO: _______________________________________________________________________________

NS WCB COVERAGE: YES NO

* The proponent shall list and initial all addenda received during the period and shall take them into consideration when

preparing their proposal submission. A signed copy of each Addendum must be included with the proposal submission.

Failure to comply may be cause for rejection of proposal submission.

HALIFAX WATER RESERVES THE RIGHT TO REJECT ANY OR ALL SUBMISSIONS. THE LOWEST OR ANY SUBMISSION

WILL NOT NECESSARLIY BE ACCEPTED.

This proposal will adhere to Halifax Water’s Standard Terms & Conditions. They can be found on our website at

https://halifaxwater.ca/procurement-tender-opportunities

https://halifaxwater.ca/procurement-tender-opportunities


Page No. 1

RFP# P33.2019 October 2019

TABLE OF CONTENTS

1.0 INTRODUCTION ........................................................................................................................... 3

2.0 BACKGROUND .............................................................................................................................. 3 2.1 Background Information ....................................................................................................... 3 2.2 Pre-Proposal Conference ...................................................................................................... 5

3.0 SCOPE OF WORK ......................................................................................................................... 5 3.1 General Scope of Work ......................................................................................................... 5 3.2 Level of Commitment ........................................................................................................... 6 3.3 Life Cycle Approach ............................................................................................................. 7

4.0 PROPONENT ACTIVITIES AND DELIVERABLES ................................................................ 7 4.1 PART A: Capital Upgrade Strategy Report .......................................................................... 7 4.2 PART B: Clarifier System .................................................................................................. 10 4.3 PART C: Time & Material Fee Schedule ........................................................................... 17

5.0 INFORMATION FOR PROPONENTS ...................................................................................... 18 5.1 Proposal Submission ........................................................................................................... 18 5.2 Project Administration ........................................................................................................ 26 5.3 Proposal Evaluation ............................................................................................................ 27 5.4 Selection Process ................................................................................................................ 28 5.5 Award .................................................................................................................................. 28

6.0 GENERAL INFORMATION ....................................................................................................... 29 6.1 Proponent Responsible for Proposal / No Reliance on Halifax Water ............................... 29 6.2 Rights of Halifax Water ...................................................................................................... 29 6.3 No Liability ......................................................................................................................... 30 6.4 Disclosure of Information and Communication Procedures ............................................... 30 6.5 Costs and Expenses of the Proponent ................................................................................. 31 6.6 Clarification of Proposals ................................................................................................... 31 6.7 No Conflict of Interest ........................................................................................................ 31 6.8 No Interest in Another Proponent ....................................................................................... 31 6.9 Standard Form of Contract .................................................................................................. 32 6.10 Proponents to Ensure They Understand the Contract ......................................................... 32 6.11 Waiver / No Reliance .......................................................................................................... 32 6.12 False or Misleading Information ......................................................................................... 32 6.13 Compliance with Applicable Law ....................................................................................... 32 6.14 Time to be of the Essence ................................................................................................... 32 6.15 Governing Law ................................................................................................................... 33 6.16 Confidentiality .................................................................................................................... 33 6.17 Police Record Check ........................................................................................................... 33

APPENDIX A ............................................................................................................................................ 34

APPENDIX B ............................................................................................................................................ 35

APPENDIX C ............................................................................................................................................ 36

JD Kline WSP – Process Upgrade Strategy Page No. 2


Staff Signature Date

Director of Engineering and

IS

Director of Water Services

Manager, Water Infrastructure

Engineering

Project Engineer

October 3, 2019

October 3, 2019

October 3, 2019

October 3, 2019


Page No. 3


1.0 INTRODUCTION

The Halifax Regional Water Commission (Halifax Water) is soliciting proposals for the provision

of specialist engineering services in the area of water treatment.

Halifax Water requires the services of a consulting firm with knowledge and expertise in areas of

water treatment and program management with considerable experience in the design and

retrofitting of water treatment systems and process upgrades. The successful consulting firm and

project lead will serve as a subject matter expert and program manager related to the planning,

development and implementation of a near term capital upgrade program at the JD Kline Water

Supply Plant (JDKWSP). This Request for Proposals is seeking a statement of qualifications,

proposed project lead and project team, financial proposal as well as hourly rates. The initial

assignment as outlined below will be to develop a capital upgrade strategy. It is anticipated that a

new clarification process will need to be added to the treatment system. In order to expedite the

work, the selected proponent will be directed to start the design and integration work for adding

this clarification step in parallel to the development of capital upgrade strategy.

2.0 BACKGROUND

2.1 Background Information

The Pockwock Lake watershed is a Protected Waters Area and is not impacted by wastewater

discharges. Pockwock Lake is an oligotrophic lake characterized as a low-pH (pH<6), low-turbidity

(<0.5 NTU), low-alkalinity (<5 mg/L) source water, with an average Secchi depth of 3.7 m.

Pockwock Lake has a maximum depth of 44 m but slopes are gradual with many shallow areas and

submerged stumps and logs from historical logging and flooding due to dam construction.

Pockwock Lake is the water supply for the J.D. Kline Water Supply Plant (JDKWSP), which has

an average daily flow of 85 MLD and design capacity of 220 MLD. The JDKWSP, commissioned

in 1977, underwent conversion from direct filtration (i.e., no clarification step prior to filtration) to

direct biofiltration through removal of pre-chlorination in 2013. The pre-chlorination however, was

turned back on in 2018 in order to deal with algae/diatoms.

Since 2000, the pH in the lake has been increasing, and more importantly, the number of days per

year that are below pH 5 has been decreasing. The pH of 5 was selected as a reference point for

sustaining fish habitat in Atlantic Canadian lakes, and is also a cutoff point for cyanobacteria

presence. In Pockwock Lake, there were 162 days in 2005 where pH was less than 5, and from

2010 to 2015, there were only 7 days in total that had a pH < 5.

Pockwock Lake is historically considered to have low colour and the treatment plant was primarily

designed for particle removal. For Pockwock Lake, the colour has increased from an average of

12 to 21 TCU from 1999 to 2015. Similarly, total organic carbon has increased by about 1 mg/L

in each of the lakes from 1999 to 2015, from 2.4 to 3.4 mg/L, with some exceedances of 4 mg/L in

recent years.

In the fall of 2012, Pockwock Lake experienced a geosmin episode for the first time in the plant’s

history. From 2012 to 2017, geosmin became an annual issue, present for between 6 weeks and 6

months, starting in August/September. The average concentration of geosmin in both source and

treated water when present is 10 ng/L and as high as 18 ng/L, The current plant design is not capable


Page No. 4


of removing geosmin. The presence of geosmin at this concentration leads to a significant increase

in customer complaints about water quality. 2018 and 2019 have not seen any geosmin at the intake

despite detection in upstream lakes and tributaries.

In addition to geosmin, researchers with Dalhousie University detected microcyctin LR (MCLR),

an algal toxin that is regulated in Canada, at a concentration exceeding 20-ng/L in a nearby water

supply lake that is managed by Halifax Water. The repeated detection of MCLR occurred during

the Fall of 2016 and to our knowledge was the first detection of this contaminant in Nova Scotia

water supplies. No algal toxins have been detected to date in raw or treated water at Pockwock and

a multi parameter water quality sonde has been tracking algae through chlorophyll a and

cyanobacteria through phycocyanin since May 2019.

In June 2018, JDKWSP had its first serious operational challenge with regards to algae. The source

of the issue ended up being a single-celled algae Tabellaria fenestrata which is a Diatom and has

a cell wall made of silica (glass). These algae are known to cause filter clogging in treatment plants.

The situation continued to worsen through the month to the point where it became a challenge for

the plant to produce enough water to meet demand. An average filter run produces approximately

35-40 Million Liters (ML)/70 hour filter run. At the height of the incident, the filters were only

producing 8-9 ML of water /16 hour run times.

The main plant challenges with respect to the presence of diatoms were that with the lack of a

clarification step, the diatoms formed chains and blanketed on the top two inches of filter media

and were heavy enough that existing backwash regimes were unable to remove the mass. A direct

filtration plant has a limited mass loading capability and has little operationally flexibility or

tolerance to raw water quality changes. To manage the diatom incident pre-chlorination was turned

on which acted to break up the chains and allowed penetration of floc into the media and subsequent

backwashing.

The changing source water quality experienced over the past 10 years is likely a result of lake

recovery from acidification combined with effects due to climate change, mainly changes in

precipitation frequency and volume as well as winter ice cover. Water quality has not yet stabilized

and thus process upgrades must be robust enough to be able to withstand changing source water

quality over the life span of process upgrades.

Recent incidents have made it clear that a clarification step is required but all aspects of plant

process from intake, through pre-treatment, clarification, filtration, post chemical addition as well

as residuals and waste handling processes need to be examined to ensure the process can withstand

the consequences of changing source water quality (both known and unknown) while maintaining

water quality goals and minimizing environmental impacts.

Halifax Water is currently working on Water Research Foundation project number 4920 – Decision

Support Framework (DSF) for Drinking Water Treatment Plants Experiencing Lake Recovery,

which is being led by Hazen and Sawyer. The project will be complete in May 2020, and outputs

will feed into this project by providing a decision support tool capable of guiding design principles

based on historical and projected water quality. For this exercise, the following components from

the DSF will be available to support planning efforts:


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Summary plots of historical source water quality variables (e.g., TOC/DOC/colour, turbidity,

MIB/geosmin in Lake Pockwock)

Summary plots of historical treatment process performance data (e.g., filter run time, unit

filter run volume, filter applied water turbidity, filtered water turbidity, chemical dosages)

Summary plots of historical and projected climate (temperature, precipitation, hydrology) and

watershed conditions

Projected trends for key source water quality parameters, including trends based on

correlations with flow, climate, watershed conditions, etc., as appropriate

Interactive decision trees, driven by historical and projected data trends, to guide source water

and treatment process planning

2.2 Pre-Proposal Conference

Proponents are welcome to attend a voluntary Pre-Proposal Conference call to be held on

Tuesday, October 15, 2019, at 1:00 PM ADT. The conference call details can be obtained

by emailing [email protected]. Please mention project number P33.2019 in

the subject of the email.

3.0 SCOPE OF WORK

3.1 General Scope of Work

The proponent will be engaged on a task-by-task basis to provide services related to Halifax Water’s

JD Kline Water Supply Plant. This work is split into two components:

I. Capital Upgrade Strategy Report: Develop a capital upgrade strategy for JD Kline WSP

through various workshops, looking at previous, current and future water quality. All

aspects of plant process from intake, through pre-treatment, clarification, filtration, post

chemical addition as well as residuals and waste handling processes need to be examined

and evaluated for how they will perform with existing and future water quality as well as

future regulatory guidelines. Once this strategy is developed, the role will shift to program

managing a range of these capital upgrades at the facility. Throughout this engagement, the

Program Manager will report to the Halifax Water Project Manager.

The primary tasks will be as follows:

Conduct workshops with plant staff and other Halifax Water Stakeholders. Develop a Capital Upgrade Strategy for JD Kline WSP including recommendations for phasing and sequencing recognizing that the WSP must continue to operate and supply treated water during plant upgrades.

Examination, analysis and evaluation of current and potential process components. Develop a Project Charter for each individual discrete capital projects for review and

approval by Halifax Water based on the workshop discussions and recommendations around phasing and sequencing.

Completion of an overall risk assessment of the final capital program including preliminary constructability review, impact on existing process, Nova Scotia Environment permits and operational requirements.

mailto:[email protected]


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Subsequent to the completion of the primary tasks above, the proponent shall assist Halifax Water in the delivery of the capital program with the following tasks:

Assist in the development of Request for Proposals/Quotations/Tenders for program component delivery.

Review and provide comment on technical documents submitted by external consultants as required.

Provide program management services and oversight during implementation of the approved capital program of discrete project upgrades.

Also subsequent to the tasks above, other tasks that could be assigned subject to Halifax Water’s discretion include:

Complete concept design for discrete assigned projects identified within the Capital

Program Report including Class D concept level cost estimate Complete in-depth risk analyses for assigned discrete capital projects as part of the

approved capital program. Complete detailed design services for assigned discrete assigned capital projects. Construction management of discrete assigned capital projects.

II. Clarifier System: Complete the background investigation, concept, preliminary and

detailed design for a clarifier system. The technology for the type of clarification process

developed through the Capital Upgrade Strategy reports/workshops. However, the

background work for the building, location and hydraulics can begin at the onset of award

of this and in parallel with the capital upgrade strategy.

Each Proponent must completely satisfy itself as to the exact nature and existing conditions of the

JDKWSP and for the extent and quality of work to be performed. Failure to do so will not relieve

the successful Proponent of its obligation to carry out the provisions of the contract.

3.2 Level of Commitment

It is estimated that the annual workload for the successful project lead and team will be in the order

of 1000 to 1500 hours. The engagement is going to start with an onsite workshop discussing the

preliminary plan, defining the capital upgrade program and production of a capital program report.

Specific work will be assigned to the successful proponent after the completion of the report

throughout the duration of the contract. As noted in section 5.2 there will be the option of extending

this contract up to a total of five years.

Although not working full time for Halifax Water on this assignment, it is expected that throughout

the duration of the contract, the proponent will be available to meet with Halifax Water (remotely

or on site) within a reasonable short notice priority basis. There may be exceptions such as

scheduled vacation time in which due notice is provided and the continuity of on-going activities

is not adversely impacted.


Page No. 7


The proponent shall propose key team members that will help guide the project to a successful

completion. The proposal response must include the following team members, resumes, associated

experience and hourly rates:

Water Treatment Subject Matter Expert/Program Manager

Structural Design Lead

Electrical Design Lead

Instrumentation & Controls Lead

3.3 Life Cycle Approach

In addition to the performance requirements highlighted in this section, it is Halifax Water’s

objective to have delivered by the Proponent a solution with the lowest life cycle cost. Based on

the nature and complexity of the assignment Proponents should propose the appropriate approach

and level of effort to achieve this objective.

The assets of Halifax Water typically have a life span of decades in duration and depending on the

infrastructure the operating and maintenance costs can exceed the capital cost by many times. The

optimal design solution should provide the following:

Efficient operation and maintenance resulting in least cost O&M for such items as:

labour, chemicals, and energy;

Minimal capital reinvestment during the life of the asset;

Positive impact on the environment; and

Compliance with regulations.

4.0 PROPONENT ACTIVITIES AND DELIVERABLES

4.1 PART A: Capital Upgrade Strategy Report

4.1.1 Project Management

The successful Proponent shall be responsible for all aspects of coordination and project

management and shall designate, in writing, a program manager. All coordination of

services between Halifax Water and the successful Proponent shall be the responsibility of

the respective managers.

Halifax Water expects the Proponent to keep the project within scope, budget, and on

schedule and to ensure that appropriate quality control / quality assurance practices are

used to provide the best product possible to Halifax Water.

(a) Activities include:

i. Confirm client requirements and objectives at program outset;

ii. Initiate meetings;

iii. Maintain all program development documentation;

iv. Provide written updates (see clause 5.4 of Engineering Agreement) to Halifax

Water on a Monthly basis. The updates are to include specific status updates on

schedule and budget. In Gantt chart format the project progress is to be tracked

against the original schedule utilizing Microsoft Project;


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v. Schedule, facilitate and record meetings with the Halifax Water Project Manager

and relevant stakeholders throughout the design process. The purpose of the

meetings will be to review and update work progress (ie. scope, schedule &

budget) and to review and update program development plans;

vi. Identify & manage risks associated with the implementation of the overall capital

program;

vii. Proactive and thorough communication with Halifax Water throughout the

duration of the program report development;

viii. Manage overall project scope, schedule, budget & quality control; and

ix. Ensure all project changes are discussed and approved by Halifax Water in

advance of proceeding with the work.

(b) Key deliverables include:

i. All recorded information including project reports, project CD, templates, surveys,

calculations, sketches, plans, meeting minutes & correspondence;

ii. Regular written project updates outlining progress for the review period. The

updates are to be reviewed/signed by the Proponent’s quality assurance

representative for the project;

iii. At project outset develop risk management plan including all mitigative measures

used to manage project risks; and

iv. Documentation of any project changes (scope, schedule, budget & quality impacts)

including correspondence reflecting Halifax Water’s approval prior to proceeding

with the proposed changes.

4.1.2 Capital Upgrade Report

The purpose of this task is to provide sequencing of discrete capital upgrades and select a

preferred approach for the overall capital program.


i. Facilitate internal stakeholder workshop to interview plant staff, review

preliminary plan and document existing plant conditions;

i. Coordinate with Halifax Water to obtain all current analytical data from pertinent

sources before preliminary scope development work begins. Any claim by the

Proponent of lack of information provided by Halifax Water will not be regarded

as sufficient reason for non-completion or delay of the work; ii. Examination, analysis and evaluation of current and potential process components.

iii. Preliminary scope of work development for discrete projects as part of overall

capital program in full consultation with Halifax Water. Projects must be scoped

in enough written detail to facilitate discussion, draft the Project Charter, analyze

discrete project risks and interconnectivity with other desired capital projects and

internal water treatment processes.

iv. Meet and liaise with regulatory bodies and other levels of governing bodies as

necessary. Coordination and collaboration with all regulatory bodies and utilities

will be required to ensure acceptability and compatibility with current design

standards and regulations and to avoid revisions and delays; and


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v. Complete risk analysis and develop management/mitigation plan for the approved

capital program including preliminary constructability reviews, impact on existing

process, Nova Scotia Environmental permit and plant operational requirements.


i. Technical memo summarizing discussions and any conclusions from stakeholder

workshop

ii. Capital Upgrade Strategy Report including:

a. Program schedule in MS Project format showing final recommended

sequence of discrete capital projects;

b. Project Charters for each discrete capital projects identifying

recommended phasing, implementation plans, interdependencies and

critical paths, etc.;

c. Analysis and risk management for discrete projects and overall capital

program;

4.1.3 Program Delivery Support

The purpose of this task is to assist Halifax Water with the delivery of the capital program

including assistance with the oversight of discrete capital projects. This section is being

provided to proponents to assist with understanding of the overall program scope.

Proponents shall not include costs associated with this task in the financial section of the

RFP response.


i. Reporting to the Halifax Water Project Manager, provide program management

services during implementation of discrete capital projects including development

of capital program and oversight during implementation in accordance with

Halifax Water requirements;


iii. Maintain all overall program documentation;

iv. Provide written program updates (see clause 5.4 of Engineering Agreement) to

Halifax Water on a Monthly basis. The updates are to include specific status

updates on schedule and budget. In Gantt chart format the program progress is to

be tracked against the original schedule utilizing Microsoft Project;


and relevant stakeholders throughout the design and discrete projects construction

process. The purpose of the meetings will be to review and update program

progress (ie. scope, schedule & budget) and to review and update program

management plans;

vi. Identify & manage risks associated with discrete projects and overall program;


duration of the project;

viii. Manage overall program scope, schedule, budget & quality control; and

ix. Ensure all program changes are discussed and approved by Halifax Water in



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i. All recorded information including program reports, project CD, templates,

surveys, calculations, sketches, plans, meeting minutes & correspondence;

ii. Regular written program updates outlining progress for the review period. The


representative for the program;

iii. At program outset develop risk management plan including all mitigative measures


iv. Documentation of any program changes (scope, schedule, budget & quality

impacts) including correspondence reflecting Halifax Water’s approval prior to

proceeding with the proposed changes.

4.2 PART B: Clarifier System

4.2.1 Project Management

The successful Proponent shall be responsible for all aspects of coordination and project

management and shall designate, in writing, a program manager. All coordination of

services between Halifax Water and the successful Proponent shall be the responsibility of

the respective managers.

Halifax Water expects the Proponent to keep the project within scope, budget, and on

schedule and to ensure that appropriate quality control / quality assurance practices are

used to provide the best product possible to Halifax Water.


i. Confirm client requirements and objectives at program outset;


iii. Maintain all program development documentation;

iv. Provide written updates (see clause 5.4 of Engineering Agreement) to Halifax

Water on a Monthly basis. The updates are to include specific status updates on

schedule and budget. In Gantt chart format the project progress is to be tracked

against the original schedule utilizing Microsoft Project;


and relevant stakeholders throughout the design process. The purpose of the

meetings will be to review and update work progress (ie. scope, schedule &

budget) and to review and update program development plans;

vi. Identify & manage risks associated with the implementation of the overall capital

program;


duration of the program report development;

viii. Manage overall project scope, schedule, budget & quality control; and

ix. Ensure all project changes are discussed and approved by Halifax Water in



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i. All recorded information including project reports, project CD, templates, surveys,

calculations, sketches, plans, meeting minutes & correspondence;

ii. Regular written project updates outlining progress for the review period. The


representative for the project;

iii. At project outset develop risk management plan including all mitigative measures


iv. Documentation of any project changes (scope, schedule, budget & quality impacts)

including correspondence reflecting Halifax Water’s approval prior to proceeding

with the proposed changes.

4.2.2 Approvals

The purpose of this task is to ensure all pertinent legislation is followed and the necessary

approvals are in place in a timely manner.


i. Identify & obtain the appropriate approvals required for this project through Nova

Scotia Environment and other regulatory bodies (if applicable). Scope to include:

compilation of application, obtain permission to act as owner’s representative in

this regard, submit application, follow up and supply additional information to

authority as required, and receive approval;

ii. Consult with all relevant approval authorities to ensure the approval requirements

are incorporated into the design in the most cost-effective manner; and

iii. Meet with all approval agencies as needed.


i. Documented legislation & approvals required for this project; and

ii. Final approval certificates or authorizations from the relevant approval authority

including all supporting documentation (environmental mitigation plans,

drawings, reports, etc.).

4.2.3 Geotechnical

The purpose of this task is to undertake an appropriate subsurface investigation to optimize

the design and minimize the risk of additional costs due to unforeseen circumstances being

identified at the construction phase. The geotechnical report should contain basic essential

information, including:

Summary of all subsurface exploration data, including subsurface soil

profile, exploration logs, laboratory or in situ test results, unsuitable

materials, bearing capacities and ground water information;

Interpretation and analysis of the subsurface data;

Specific engineering recommendations for design;

Discussion of conditions for solution of anticipated problems; and

Recommended geotechnical special provisions in terms of constructability,


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impacts and influence on adjacent structures/foundations.


i. Subsurface investigation

ii. Contaminated soils


i. Geotechnical Report

4.2.4 Preliminary Design

The purpose of this task is to propose/review alternatives and select a preferred approach.

Develop preliminary level designs complete with drawings, and cost estimates.


i. Preliminary design review process in full consultation with Halifax Water;

ii. Coordinate with Halifax Water to obtain all current analytical data from pertinent

sources before design work begins. Any claim by the Proponent of lack of

information provided by Halifax Water will not be regarded as sufficient reason

for non-completion or delay of the work;

iii. Meet and liaise with regulatory bodies, utility companies ie. Bell-Aliant, Nova

Scotia Power Incorporated (NSPI), Nova Scotia Transportation and Infrastructure

Renewal (NSTIR) Halifax Water, Natural Gas Suppliers/Distributors etc. and

other levels of governing bodies as necessary. Coordination and collaboration with

all regulatory bodies and utilities will be required to ensure acceptability and

compatibility with current design standards and regulations and to avoid revisions

and delays; and

iv. Complete the preliminary design incorporating all collected data and including

details for all options and scenarios considered complete with capital and life cycle

cost comparisons, and recommendations; and Owner review of the final

preliminary design report.


i. Preliminary design report including drawings

ii. Detailed cost estimate based on the preliminary design

4.2.5 Detailed Design

The purpose of this component is to complete the detailed design. In addition to meeting

Halifax Water standards, the engineering design shall meet the minimum requirements of

Nova Scotia Environment (NSE) and conform to the requirements of other regulatory

agencies, from which approval may be necessary.

(a) Activities include: i. Detailed design review process completed in full consultation with Halifax Water;

ii. Owner review of the final detailed design report. Prepare the design drawings &

documents (including detailed engineering drawings, specifications & detailed

cost estimates), as per the current Halifax Water Design & Construction


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Specifications; and

iii. Revise drawings and specifications as necessary, as part of the review process.

iv. Complete detailed cost estimate.


i. Detailed design report including implementation plan;

ii. Detailed design drawings, specification; and

iii. Cost estimate based on the detailed design.

4.2.6 Tender Phase Services

The purpose of this component is to prepare the tender package ready for issue by Halifax

Water.


i. Prepare draft tender package using the current Halifax Water Standard tender

template that can be obtained from the project manager and submit to Halifax

Water for review;

ii. Prepare tender package ready for issue by Halifax Water and appropriate for

posting to the NS Government website; and

iii. Respond to bidder enquiries & prepare addenda during the tendering process.


i. Electronic copy and one reproducible hard copy of the tender package for issuing

to bidders; and

ii. Addenda during tendering process as needed.

4.2.7 Construction Management/Administration (from end of tender phase

to completion of project)

Provide construction management/administration and full time resident inspection

including:


i. Facilitate and host the pre-construction meeting;

ii. Schedule, facilitate and record bi-weekly meetings with the Halifax Water Project

Manager, contractor, and relevant stakeholders throughout the construction phase

of the project. The purpose of the meetings will be to review and update work

progress (ie. scope, schedule & budget), review and update project management

plans, and to review, update and track meeting minutes and action items;

iii. Provide clarification on the design intent of the drawings and specifications;

iv. Review the quality of contractor workmanship;

v. Provide weekly inspection reports on progress and issues/deficiencies;

vi. Manage & resolve construction deficiencies;


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Manage site instructions, directives, contemplated change orders, and change

orders; Consultant to review and comment on the fairness of the contractor CCO

quotes;

vii. Respond to contractor design questions/requests for information;

viii. Review all payment certificates and recommend amounts for payment based on

the consultant’s determination of the work completed in a timely manner; and

ix. Facilitate and host a post construction wrap up meeting. This meeting shall serve

as a general review of the project. It shall also serve as the appropriate setting for

dissemination of information such as presentation of the project certification,

record information package, operation and maintenance manuals, and the handing

over of spare parts and warranties to Halifax Water operations staff.


i. Accurate and timely communication on construction phase;

ii. Log of documented issues including recommended resolutions to issues;

iii. Record meeting minutes, reports and other correspondence related to design &

construction; and

iv. Timely processing of site instructions, directives. CCOs, COs, and progress

certificates.

4.2.8 Submittal Review Process

The purpose of this task is to ensure the products proposed by the contractor comply with

the contractual requirements.


i. Undertake submittal review process including shop drawings, samples, and

requests for alternative products.


i. All submittals are appropriately reviewed and documented in a timely manner.

4.2.9 Inspection by the Engineer(s) of Record

The objective of this task is for the engineer(s) of record to undertake the necessary

review/inspection.


i. Engineer(s) of record undertake project reviews and inspections.


i. Enables the project certification by engineer(s) of record at the conclusion of the

project.


Page No. 15


4.2.10 Facility Start-Up

The purpose of this task is to ensure the contractor has completed the start-up and that it is

now ready for commissioning.


i. Provide start-up services as per the requirements of the current edition of the

Halifax Water Design and Construction Specifications.


i. Response to request for information (RFI) from the contractor during the facility

start-up phase.

4.2.11 Commissioning Services (including SCADA)

The objective of this task is for the facility to be completely commissioned and ready for

normal operation.


i. Provide commissioning services as per the requirements of the current edition of

the Halifax Water Design and Construction Specifications.


i. Identification of the commissioning officer to lead the commissioning process,

creating the commissioning plan, creating site acceptance testing protocols, and

leading and directing the commissioning process;

ii. Commissioning plan; and

iii. Witness the facility commissioning and the SCADA commissioning;

iv. Provide a commissioning report.

4.2.12 Facility Training

The purpose of this task is to ensure Halifax Water staff are adequately trained so that they

can operate and manage the facility.


i. Provide training services as per the requirements of the current edition of the

Halifax Water Design and Construction Specifications.


i. Halifax Water staff are trained in the operation and maintenance of the facility.

4.2.13 Warranty Period Services

The purpose of this task is to provide services during the warranty period.


i. Undertake and document deficiency and warranty inspections; and

ii. Processing of final claim(s).


Page No. 16



i. Project certification.

4.2.14 Record Information Package

The purpose of this task is to provide Halifax Water with a complete record information

package for the project. All electronic information created for the project shall be provided

to Halifax Water and this information shall be in a format that is acceptable to Halifax Water

and can be readily input into corporate and GIS databases. The scope of requested

information includes all reports, drawings, figures, mapping, specifications and calculations

etc.

(a) Activities include: i. Collect and compile all necessary information for inclusion in the record

information package

ii. Manage the contractor performance so that needed contractor deliverables are

received within the required schedule for provision of the record information

package;

iii. Survey of all buried components. Reliance on the contractor’s survey information

is not acceptable;

iv. Maintain a record of all as-constructed conditions including changes. Reliance on

the contractor’s “red line” information is not acceptable;

v. Provide a draft record information package to be submitted for review to Halifax

Water within 60 calendar days after the issuance of substantial completion and are

to assume that this review will be complete in two weeks. The complete and final

record information package is to be received by Halifax Water within two (2)

weeks of Proponent’s receipt of Halifax Water comments on the draft record

information package submission.

Note: It is Halifax Water’s perspective that substantial completion of a project is not

achieved until the infrastructure is commissioned and staff are trained in its operation and

maintenance. This includes the contractor complying fully with their contractual

obligations with respect to the provision of information for inclusion in the Operation and

Maintenance Manuals.


i. Provide three (3) hard copies and an electronic copy of the complete record

information package. Hard copies and electronic copies of Operational and

Maintenance Manuals are to be supplied as a standalone file/document. All PDF

documents are to be unencrypted searchable electronic files. The record

information package is not to include contradictory or duplicative information.


Page No. 17


The record information package must contain the following items:

a) Title Page including:

- identification of document as an Record Information Package;

- project name;

- project Contractor;

- project Engineer;

- date of issuance;

b) Index;

c) All submission requirements identified in Sections 7.0 and 8.0 of

the Halifax Water Design & Construction Specifications;

d) Schematic site plan;

e) Meeting minutes;

f) Weekly construction inspection reports;

g) Provide color digital photographs of the works for pre-

construction, construction, and post-construction. The post-

construction photographs shall include photographs taken at angles

showing the main features of the facility, e.g., buildings, fencing

enclosures, outfall, overflow path, adjacent properties and other

relevant information. Construction photos of lineal work are to be

at 50 metre intervals (or more frequent). All photos are to be

adequately labelled with subject, date/time, location, and cardinal

direction;

h) Permits & certificates;

i) Progress claims/payment certificates;

j) Site instructions, directives, contemplated change orders, and

change orders;

k) Approved shop drawings.

4.3 PART C: Time & Material Fee Schedule

There will be discrete projects or activities that might come out of the workshops that may be more

apt for the successful proponent to take on in addition to the scope already outlined above in Section

4.1 and 4.2. Halifax Water, at its discretion may choose to retain the successful proponent under

this procurement solicitation, or negotiate a lump sum price for a defined scope or chose to seek

services from another proponent. In case the work is awarded on Time and Materials basis, Halifax

Water would like to get hourly rates for some of the key members of the design team which are

listed below:





Please include the hourly rates for these members in Part C of the bid form.


Page No. 18


5.0 INFORMATION FOR PROPONENTS

5.1 Proposal Submission

The response to this RFP shall be submitted using the two-envelope system as follows:

The technical proposal shall include an unencrypted searchable PDF electronic

file, the hard copy original, bound and clearly marked “original”, and three (3)

additional bound copies of the proposal. All copies of the technical proposal are

to be clearly marked as “TECHNICAL” and cost information shall not be

included in the Technical portion of the submission.

Although there is no page limit for the technical proposal, Proponents are requested

to be concise, and as appropriate, include supporting information in appendices

“or” the technical proposal is to be limited to a maximum of 30 single sided pages,

and as appropriate, include supporting information in appendices. The appendices

will not be included in the page count. Proposal evaluators shall not

review/consider information that is included in pages which are beyond the stated

maximum.

The financial proposal shall be submitted in a separate, sealed envelope (one copy

only) and clearly labeled “FINANCIAL”.

5.1.1 Technical Proposal

The Proposal shall include the following (5.1.1.1 to 5.1.1.8 inclusive) as a

minimum; failure to do so may be cause for rejection of the proposal.

5.1.1.1 General

Proponent shall provide the name of the firm, office address, telephone number

and facsimile number.

5.1.1.2 Project Understanding and Implementation Plan

The proposal shall include a section that clearly demonstrates the Proponent’s

understanding of the assignment and the deliverables requested. Note: Halifax

Water does not want to see submissions that simply rewrite the content of this RFP.

Proposals should include as a minimum:

(a) The Proponent’s understanding of the activities and deliverables quoted in

the RFP and for the nature of the work required to meet the project

objectives.

(b) The proposed approach / methodology to be used to meet the project

objectives and deliverables.

(c) The proposed work program and schedule that identifies start and end

times and key milestones (a Gantt chart format is preferred). The


Page No. 19


Proponent is expected to propose a schedule that they feel is realistic and

achievable.

(d) A Time Task Matrix showing the breakdown of tasks and associated

resource hours for each team member including all subproponent team

members. (Note: NO cost information shall be shown in the Time-Task

matrix submitted in the TECHNICAL proposal. Costs may only be

shown in the FINANCIAL proposal. Failure to adhere to this requirement

will be grounds for disqualification of the proposal.)

5.1.1.3 Company Experience and Project Team Qualifications

The proposal shall include information on the key project personnel including:

(a) Identification of a Project Manager and provision of resume. Provide brief

explanation as to why this person is appropriate for this role including

recent project management experience.

(b) A list of all other project personnel complete with resumes for key

personnel.

(c) Names of sub-consultant firms to be retained to complete this assignment

including a description of the merits of their participation and a description

of their qualifications.

(d) A list of the sub-consultant personnel and associates who will be

performing various tasks for this assignment. Provide resumes for key

sub-consultant personnel.

(e) A project team organizational chart that identifies the lead person for each

component of the project.

(f) For each of the key personnel, provide on a quarterly basis breakdown, the

hours currently committed to other duties and the hours proposed to be

allocated to this project.

(g) Provide five (5) reference projects and for each reference project include

a summary table, as per the example below:


Page No. 20


Project Name:

Year Completed:

Project Description:

Relevance of Reference Project to Proposed Project:

Owner:

Owner’s Project Manager:

Telephone Number:

Email Address:

Principal Staff Assigned

Name Responsibilities

_______________ _______________________________

_______________ _______________________________

_______________ _______________________________

_______________ _______________________________

_______________ _______________________________

Initial Proponent Fee: $_______________

Final Proponent Fee: $_______________

Preliminary Design Construction Estimate: $________

Pre Tender Construction Estimate: $_______________

Awarded Tender Cost: $_______________

Final Construction Cost: $_______________

JD Kline WSP – Process Upgrade Strategy Page No. 21


Date Stated in

Proponents Actual Dates

Initial Proposal Achieved

Completion of Study: _______________ _______________

Completion of Preliminary Design: _______________ _______________

Completion of Detailed Design: _______________ _______________

Tender Close: _______________ _______________

Substantial Completion: _______________ _______________

Proponents should assume that the references will be contacted.

Specific to this assignment, the project team for this assignment shall consist of

personnel skilled and experienced in the following activities:

Water treatment plant optimizations, retrofitting, rehabilitating projects

Analysis of water treatment processes

Water treatment and process

Structural design of water treatment facilities

Electrical design of water treatment facilities

Instrumentation & Control of water treatment facilities

The proposal must outline the personnel to be used for this assignment, provide an

explanation of the project personnel’ direct experience with the skills noted above,

and identify specific projects and dates in which these skills were demonstrated.

Curriculum vitae / resumes for the identified project personnel may be submitted

as part of the attachments / appendices.

In the event of a change in the personnel named and assigned to perform the

services under the contract, the Proponent shall be required to submit, for approval

to Halifax Water, the credentials and resumes and hourly charge rate of the

alternate personnel the Proponent proposes to use in the performance of the

contract. Substitutions of personnel from those identified in the response to the

RFP must have like qualifications of the listed personnel. Changes must be

submitted in writing by the Proponent and approved in writing by Halifax Water.

5.1.1.4 Project Management

The proposal shall include information to help Halifax Water understand and


Page No. 22


evaluate the Proponent’s approach to managing projects including:

(a) Approach to project planning and control.

(b) Approach to management of the project scope, schedule and cost.

(c) Approach to construction cost management and the formal Change Order

process as it relates to changing conditions, owner requests, and design

errors/omissions.

(d) Approach to quality management.

(e) Approach to human resource management.

(f) Approach to communication management within the overall project team

and with external stakeholders. If part or all of the team is remote from

Halifax, provide specifics as to how this will be managed.

(g) Approach to risk management.

(h) Approach to procurement management.

(i) Corporate and project approach to occupational health and safety.

5.1.1.5 Confidentiality

Submit confidentiality statement (See Section 6.16)

5.1.1.6 Insurance

Professional liability insurance shall be as per the Engineering Agreement.

5.1.1.7 Acknowledgement

A complete acknowledgement, in the form set forth in Proponent Submission

Sheet (see page 2 of this document) confirming that the Proponent acknowledges

and agrees to all the conditions of participation in the RFP.

5.1.1.8 Assumptions

The Proponent shall clearly identify all assumptions made in the preparation of the

proposal. Additionally, the Proponent is encouraged to outline other work

considered by the proponent to be essential to the successful completion of this

project that was not identified by Halifax Water in this RFP.


Page No. 23


5.1.2 Financial Proposal

Submit the Financial Proposal in a separate, sealed envelope, clearly marked

“Financial Proposal”. The Proponent shall submit a fee schedule for the major

components of the assignment (as shown in Section 5.1.2.1 Financial Proposal

Form) and the associated subtasks for each component.

The financial proposal must clearly provide the following:

(a) For each component and associated subtasks identify the individuals

proposed to accomplish the work, their associated hours and their hourly

rates.

(b) Total all-inclusive cost for the project including billable expenses and

identify this proposed Maximum Fee.

(c) Prices are to be quoted in Canadian dollars; inclusive of duty, where

applicable; exclusive of Harmonized Sales Tax (HST).

(d) Price may not be the determining factor for award. Halifax Water may

negotiate a final offer with the selected Proponent.

5.1.2.1 Financial Proposal Form

This Form shall be filled out and included in the Financial Proposal envelope.

Failure to submit this form will be grounds for disqualification.


Page No. 24


ITEM # Cost, CAD

4.1.1

4.1.2

4.1.3 T&M

4.2.1

4.2.2

4.2.3

4.2.4

4.2.5

4.2.6

4.2.7

4.2.8

4.2.9

4.2.10

4.2.11

4.2.12

4.2.13

4.2.14

Hourly Rate (CAD/hr) Team Hourly Rates





Construction Administration/ Management

Sub-Total Part B

PART A + PART B

HST (15%)

PART C

TOTAL

Submittal Review Process

Inspection by the Engineer(s) of Record

Facility Start-up

Warranty Period Services

Record Information Package

Commissioning Services (including SCADA)

Facility Training

Geotechnical

Preliminary Design

Detailed Design

Tender Phase Services

The fee for the project is broken-down as follows:

Capital Upgrade Strategy Report

Program Delivery Support

Sub-Total Part A

ITEM

Project Management

Approvals

PART B

PART A

Project Management

Proponent Name:


Page No. 25


It is noted that if this Request for Proposal process results in a contract that the contracted fee will

be considered a maximum fee for each of the phases outlined in Part A and B above. The Proponent

will invoice based upon the actual hours required to complete the work and quote hourly rates. The

total invoiced is not to exceed the maximum fee for each phase outlined in Part A and B above.

This is not a lump sum contract.

The Proponent is to provide a detailed breakdown for all expenses. This is to include mileage

charge rates for vehicles, airfares, overnight accommodations, meals, etc.

5.1.3 One Response

Proponents may not submit more than one proposal.

5.1.4 Address for Submission

The proposals shall be delivered in a sealed envelope marked “Request for

Proposals – JD Kline WSP – Process Upgrade Strategy, P33.2019, not later than

2:00 p.m. Atlantic Time, Thursday, October 31, 2019, to:

Halifax Water

Attn: Brent Hickman

Procurement Services

450 Cowie Hill Road


Halifax, NS B3K 5M1

Under no circumstance will proposals received after the submission closing date

be accepted.

5.1.5 Hard Copies

All proposals must be in hard copy form. No facsimile transmissions will be

accepted. However, amendments to the original document will be accepted by

facsimile, if received before the submission closing date. Originals must be

forwarded to Halifax Water so that they may be attached to the original hard copy

for validity.

5.1.6 Late Submissions

The date and time of receipt of a Proposal shall be the date and time indicated by

Halifax Water’s date and time stamped on the Proposal.

5.1.7 Addendums to the Request for Proposal

All revisions to this RFP will be posted in the form of an addendum to the Nova

Scotia Procurement Services Web Portal. Prior to the Submission Closing Date,


Page No. 26


Halifax Water may revise any provision or part of the RFP.

5.1.8 Request for Clarification

Any Proponent who has questions as to the meaning or intent of any part of this

RFP or of the project, or who believes this RFP contains an error, inconsistency or

omission, should submit a request for clarification. All requests for clarification or

inquiries concerning this RFP should be forwarded by email no later than one week

prior to the Submission Closing Date, to the Halifax Water representative

identified below:

Brent Hickman, S.C.M.P.

Procurement Officer

Halifax Water

450 Cowie Hill Road


Halifax, NS B3K 5M1

[email protected]

All clarifications to this RFP will be posted to the Nova Scotia Procurement

Services Web Portal.

Halifax Water will assume no responsibility for verbal instructions or suggestions.

Halifax Water core hours of operation are Monday to Friday, 8:30 am to 4:30 pm.

5.1.9 Period of Submission Validity

Proposals will be binding for ninety (90) days: Unless otherwise specified, all

formal proposals submitted shall be irrevocable for ninety (90) calendar days

following proposal opening date, unless the Proponent(s), upon request of Halifax

Water, agrees to an extension.

5.2 Project Administration

5.2.1 Payment

The consultant shall submit an invoice for services provided to:

Sanjeev Tagra, P.Eng.

Halifax Water

450 Cowie Hill Road

[email protected]




Page No. 27


Halifax Water will pay the Consultant monthly for the work performed as shown on

invoices provided by the Consultant. The Consultant’s monthly invoices must include

as a minimum:

the period of work applicable to the invoice;

hourly breakdown by task and hourly rate; and

expenses and applicable taxes included as separate line items.

Invoices beyond the original agreed on value will not be accepted unless written

consent from Halifax Water is obtained. Invoices for extra work must be submitted

separately and must be accompanied by a written justification of the work. (Note:

Written authorization from Halifax Water is required prior to proceeding with any extra

work.)

Payment shall be made upon receipt of a proper invoice from the consultant and

authorized by the head of the department or designee. Normal payment terms for the

Halifax Water are thirty (30) days from receipt of the invoice.

5.2.2 Contract Duration

The contract shall be for an initial duration of one year with the option to renew up

to four additional one year terms subject to the concurrence by both parties.

5.3 Proposal Evaluation

Proposals will be evaluated on the basis of all information provided by the Proponent. Each

proposal will be reviewed to determine if the proposal is responsive to the submission

requirements outlined in the RFP. Failure to comply with these requirements may deem

the proposal non-responsive.

In recognition of the importance of the procedure by which a Proponent may be selected,

the following criteria outline the primary considerations to be used in the evaluation and

consequent awarding of this project (not in any order).

These criteria are intended to provide guidance to Halifax Water in determining best value,

as that term is defined in the Nova Scotia Public Procurement Act. Halifax Water reserves

the right to award the contract to the qualified firm with the highest assessed or best value

proposal.

Selection of a proposal will be based on the following criteria and any other relevant

information provided by the Proponent in the submission. Halifax Water reserves the right

to prioritize and weigh the importance of each sub-criterion within the identified Technical

criteria confidentially.


Page No. 28


Criteria Weight Score

Technical (70%)

Project Understanding and Implementation Plan 30%

Company Experience and Project Team Qualifications 30%

Project Management 10%

Financial (30%)

Part A 10%

Part B 10%

Part C 10%

Total 100%

The score for the “Financial” criteria shall be allocated as follows: An average fee of all

financial proposals will be calculated. The average fee shall receive an allocation of 100%

of the available points for the “Financial” criteria. Proponents whose fees are within

plus/minus 90% of the average fee, shall receive a lineal prorated percentage of the

available points for the “Financial” criteria. Proponents who exceed plus/minus 90% of the

average fee, shall receive 10% of the available points for the “Financial” criteria. For

example if the average fee is $100,000, the following fee proposals would receive points

for the "Financial Criteria" as indicated:

Proponent A, Fee = $100,000, receive 100% of points available for "Financial Criteria"

Proponent B, Fee = $70,000, receive 70% of points available for "Financial Criteria”

Proponent C, Fee = $40,000, receive 40% of points available for "Financial Criteria"

Proponent D, Fee = $120,000, receive 80% of points available for "Financial Criteria”

Proponent E, Fee = $180,000, receive 20% of points available for "Financial Criteria”

Proponent F, Fee = $200,000, receive 10% of points available for "Financial Criteria"

5.4 Selection Process

An Evaluation Team comprised of Halifax Water representatives will evaluate responses

to the RFP. Proponents may be invited to make a presentation to the Evaluation Team.

Proponents must be prepared to make a presentation and must have members of the

proposed project team participate in the presentation. The Evaluation Team may use this

opportunity to discuss the submitted proposal and request clarification of information

provided in the proposal submission. Proponents are encouraged to provide any additional

information that may be relevant in the evaluation of their proposal.

5.5 Award

Provided that at least one of the received proposals meets the approval of the Evaluation

Team, a recommendation on contract award will be made on the basis of the evaluation.


Page No. 29


All awards are subject to the approval of Senior Management and the regulatory funding

approvals. No announcement concerning the successful proposal(s) will be made until a

complete report is prepared and approved by the appropriate bodies.

Written communication to the Successful Proponent of notification of award before the

time of expiration specified by Halifax Water shall result in a binding contract without

further action by either party. Halifax Water may accept an offer whether or not there are

negotiations after its receipt. Negotiations conducted after receipt of an offer do not

constitute a rejection or counteroffer by Halifax Water.

Neither acceptance of a proposal nor execution of a contract will constitute approval of any

activity or development contemplated in any proposal that requires any approval, permit

or license pursuant to any federal, provincial, regional or municipal statute, regulation or

by-law.

6.0 GENERAL INFORMATION

6.1 Proponent Responsible for Proposal / No Reliance on Halifax Water

The Proponent accepts sole responsibility for the preparation and submission of its

Proposal including satisfying itself as to the requirements of all documents and the

submission of materials and the Proposal within the required time frames.

6.2 Rights of Halifax Water

The issuance of this RFP constitutes only an invitation to submit Proposals. It does not

commit Halifax Water to enter into an Agreement with any of the Proponents. Halifax

Water is not bound to accept any Proposals and may proceed as it, in its sole discretion,

determines on receipt of Proposals. The rights reserved by Halifax Water include the right

at any time and for whatever reason and without liability to any Proponent to:

(a) conduct investigations with respect to the qualifications and experience of the

Proponent and its members;

(b) require one or more Proponents to supplement, clarify, provide additional

information in order for Halifax Water to evaluate the Proposal submitted;

(c) waive any defect or technicality in any Proposal received;

(d) reject the Proponent as organized and suggest changes to the Proponent's members

prior to the execution of any Agreement;

(e) terminate, in its sole and absolute discretion, any and all subsequent consideration

of, or Agreement with, any Proponent, if it believes a change in the membership

of the Proponent, from that described in its Proposal, adversely affects the scoring

of the Proponent's Proposal or the Proponent's ability to carry out the contract in

accordance with the terms and conditions stated herein;


Page No. 30


(f) supplement, amend, substitute or otherwise modify any part or all of this RFP

including by extending any schedule or period of time;

(g) issue one or more addenda to this RFP;

(h) reject any or all Proposals or any portion thereof;

(i) disclose to the public information contained in the Proposals;

(j) suspend, postpone or cancel this RFP in whole or in part with or without

substitution of another RFP or proposal process;

(k) take any action affecting this RFP, the RFP process or the contract that would be

in the best interests of Halifax Water; and

(l) use any concept or approach suggested in any Proposal including its use in

negotiating an agreement with the Successful Proponent or any other Proponent.

6.3 No Liability

Halifax Water, its management, employees, Proponents and agents accepts no liability for

any costs, expenses, damages or otherwise of any Proponent for the proposal response to

this RFP.

Halifax Water, its Board of Directors, officers, employees, Proponents and agents accept

no liability for any costs, expenses, damages or otherwise of any Proponent in the event

the Successful Proponent selected fails to comply with any terms, conditions or

requirements of the RFP, any addenda to the RFP or the contract Agreement.

6.4 Disclosure of Information and Communication Procedures

6.4.1 Disclosure by Halifax Water

Halifax Water will consider all Proposals as confidential, subject to the disclosure

requirements imposed by applicable law. Halifax Water will, however, have the

right to make copies of all Proposals received for its internal review process and

to provide copies to its staff, technical and financial advisors and representatives.

Notwithstanding the foregoing, the Proponent acknowledges and agrees that

Halifax Water will not be responsible or liable in any way for any losses that the

Proponent may suffer from disclosure of information or materials to third parties.

6.4.2 Disclosure by the Proponent

The Proponent shall not disclose any details pertaining to its Proposal or any part

of the selection process to anyone not specifically involved in its Proposal, without

the prior approval of Halifax Water. The Proponent shall not issue a news release


Page No. 31


or other public announcement pertaining to details of its Proposal or the selection

process without the prior approval of Halifax Water.

6.5 Costs and Expenses of the Proponent

Halifax Water accepts no liability for any costs or expenses incurred by the Proponent in

responding to this RFP, responses to clarification requests and re-submittals, potential

meetings, tours and interviews, subsequent negotiations, or any other cost incurred prior to

the execution of the Agreement by Halifax Water and the Successful Proponent. By

submitting a Proposal, the Proponent agrees that it shall prepare the required materials and

undertake the required investigations at its own expense and with the express

understanding that it cannot make any claims whatsoever for reimbursement from Halifax

Water for any costs and expenses associated with the RFP process in any manner

whatsoever or under any circumstances including, without limitation, the rejection of all or

any of the Proposals or cancellation of the RFP or the contract.

6.6 Clarification of Proposals

Halifax Water is not obliged to seek clarification from the Proponent regarding any aspect

of its Proposal.

Halifax Water shall have the right to request the Proponent to submit information to clarify

or interpret any matters contained in its Proposal and to seek the Proponent's written

acknowledgement of that clarification or interpretation. In addition, Halifax Water may

request supplementary documentation from the Proponent when there is an irregularity or

omission in its Proposal or the documents submitted therewith. The Proponent should not

assume Halifax Water will request clarifications.

Supplementary documentation accepted by Halifax Water and written interpretations that

have been supplied or acknowledged by the Proponent shall be considered to form part of

the Proposal.

6.7 No Conflict of Interest

The Proponent and members of the Proponent are requested to disclose any conflict of

interest, real or perceived, which exists now or which may in the opinion of the Proponent

exist in the future. Halifax Water reserves the right to disqualify the Proponent if, in the

opinion of Halifax Water acting reasonably, it has a conflict of interest, whether such

conflict exists now or arises in the future.

6.8 No Interest in Another Proponent

The Proponent shall not have any interest whatsoever in any other Proponent or in the

Proposal of any other Proponent nor enter into any arrangement, agreement or

understanding either before or after the submission date that would have that result.

Provided however, after the closing date, the unsuccessful Proponents or members of the

unsuccessful Proponents may, with the consent of Halifax Water, become involved in the

contract, provided such involvement is limited solely to acting as a subcontractor to the

Successful Proponent.


Page No. 32


6.9 Standard Form of Contract

The standard form of contract to be used shall be the engineering agreement attached in

Appendix B.

6.10 Proponents to Ensure They Understand the Contract

It is the Proponent's responsibility to ensure that it has all the necessary information

concerning the intent and requirements of this RFP and the contract. The Proponent is

solely responsible for examining and reviewing all documents and information provided

or required pursuant to this RFP and for satisfying itself as to all other matters which may

in any way affect the contract or the cost or time required to complete the contract.

Nothing contained in this RFP or in any communications from Halifax Water shall

constitute any express or implied warranty or representation by Halifax Water, except as

explicitly stated herein and therein.

6.11 Waiver / No Reliance

Halifax Water does not accept responsibility for any information, advice, errors or

omissions which may be contained in this RFP or its appendices or any addendum. Halifax

Water makes no representation or warranty, either express or implied, in fact or in law,

with respect to the accuracy or completeness of this RFP or its appendices or any addendum

and Halifax Water shall not be responsible for any action, cost, loss or liability whatsoever

arising from the Proponent's reliance on or use of such information or any other technical

or historical schedules, data, materials or documents provided by Halifax Water. The

Proponent is responsible for obtaining its own independent financial, legal, accounting,

engineering and technical advice with respect to any information included in this RFP, its

appendices or any addenda or in any documents provided by Halifax Water.

6.12 False or Misleading Information

If there is any evidence of misleading or false information in any Proposal, Halifax Water

may reject that Proposal.

6.13 Compliance with Applicable Law

The Proponent shall be responsible, at its expense, for complying with all applicable laws

relating to the contract and, except as explicitly stated in this RFP, for obtaining,

maintaining and complying with all / any approvals required for the contract.

6.14 Time to be of the Essence

Time shall be of the essence of this RFP and all Proposals.


Page No. 33


6.15 Governing Law

This RFP and all activities connected therewith shall be governed in all respects by the

laws of the Province of Nova Scotia and the laws of Canada applicable therein.

6.16 Confidentiality

(a) Halifax Water may, at its sole discretion, disclose Confidential Information to the

Proponent or the Proponent's representatives for the purposes of the RFP process.

Notwithstanding any such disclosure, the Confidential Information shall remain

the sole and exclusive property of Halifax Water and Halifax Water shall retain all

right, title and interest in and to the Confidential Information. The Proponent and

the Proponent's representatives shall use the Confidential Information solely and

exclusively for purposes of the RFP process.

(b) Without limiting the generality of the permitted use of the Confidential

Information, neither the Proponent nor the Proponent's representatives shall use

the Confidential Information for the purpose of achieving any commercial or

financial benefit. In addition, neither the Proponent nor the Proponent's

representatives shall publish, reproduce, copy, disseminate or disclose the

Confidential Information to others without Halifax Water's prior written consent,

which consent may be withheld for any reason.

(c) The Proponent's completed report shall be exempt from disclosure under the

Freedom of Information and Protection of Privacy Act on the basis that it will

include information about Halifax Water's security systems and its disclosure has

the potential to pose a significant risk to public health and safety.

(d) The Proponent shall keep a record of all Confidential Information furnished to it

and to its representatives and of the location of such Confidential Information. The

Proponent shall make every reasonable effort to secure the Confidential

Information and the Proponent shall return all Confidential Information provided

to the Proponent and its representatives immediately to Halifax Water upon request

and in any event immediately upon completion or cessation of the RFP process.

The Proponent shall submit a statement in this RFP explicitly detailing the

measures proposed to achieve this confidentiality and confirming a

commitment to Halifax Water's information security. The Proponent's

statement shall include a commitment to ensuring that all its representatives

will comply with and are bound by the terms and conditions of this

confidentiality commitment.

6.17 Police Record Check

All contractors, Proponents and their employees working for Halifax Water must obtain a

“Police Record Check” (PRC). The process for obtaining PRCs is outlined in Appendix C.


Page No. 34


APPENDIX A

ISO 14001 Environmental Management System (EMS)

Halifax Water has established and is committed to maintaining an EMS which is consistent with the

principles set out in the National Standard of Canada CAN/CSA-ISO 14001-04 (ISO 14001:2004).

The scope of the Halifax Water EMS includes potential environmental impacts and risks associated with

the activities and operations of the specific facilities identified in this tender. The scope of this EMS is

formally stated as follows:

“The J. Douglas Kline Water Supply Plant, the Lake Major Water Supply Plant, the

Bennery Lake Water Supply Plant, the Herring Cove Wastewater Treatment Plant and the

Dartmouth Wastewater Treatment Plant - facilities owned and operated by the Halifax

Regional Water Commission. The EMS encompasses internal issues specific to the plant

operations including water treatment processes, wastewater treatment process, sludge

handling, fuel and chemical management, miscellaneous waste management, dam

management and employee relations. It will also include external issues such as

compliance obligations, climate change, water quality, severe weather, lack of resources

and the needs of interested parties”.

Halifax Water has developed an Environmental Policy to document its commitment to the effective

management of its environmental priorities and staff at the J. Douglas Kline, Lake Major and Bennery

Lake water supply plants and the Herring Cove and Dartmouth wastewater treatment plants, and is

committed to operating the facility and conducting associated operations in a manner which ensures

implementation of these policy commitments. The policy has been endorsed by the General Manager of

Halifax Water, and will be circulated to all staff and personnel working on behalf of Halifax Water.

Environmental aspects have been developed based on Halifax Water’s EMS scope and environmental

policy that can have significant impact on the environment. Halifax Water shall ensure that any person

performing tasks on its behalf will comply with the scope and the environmental policy.


Page No. 35


APPENDIX B

STANDARD FORM OF CONTRACT

Engineering Agreement

SEE ATTACHED

Note to user: Insert Section 5 - Contractor Health and Safety Forms, as Appendix 1 into the engineering

agreement

ENGINEERING AGREEMENT

THIS AGREEMENT made this ____ day of ___________, 201__.

BETWEEN:

HALIFAX REGIONAL WATER COMMISSION (hereinafter called "Halifax Water")

OF THE FIRST PART

AND:

[●] (hereinafter called the "Engineer")

OF THE SECOND PART

Halifax Water and Engineer agree as follows:

ARTICLE 1 THE SERVICES

1.1 Services

The Engineer will provide Services in connection with the following Project:

[NTD: Insert here section 3. Scope of Work from RFP in question]

1.2 Place of Work

The location of the Project (the "Place of Work") shall be [NTD: insert the address, location or other appropriate description of the place whether the Work is to be performed]

1.3 Engineer's Scope of Services

The Engineer will provide Services for the Project in accordance with Schedule C – Engineer's Scope of Services. Any change to the Services listed in Schedule C – Engineer's Scope of Services will be made in writing signed by both parties identifying the change plus adjustments, if any, to the Engineer's Fees and Reimbursable Expenses and time for completion of the Services.

ARTICLE 2 AGREEMENT AND AMENDMENTS

2.1 Entire Agreement

This Engineering Agreement embodies the entire agreement between Halifax Water and the Engineer with respect to the Work and the Project, and supersedes all prior agreements

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between them, whether written or oral, respecting the Services. No other terms, conditions, or warranties, whether express or implied, form a part of this Engineering Agreement.

2.2 Definitions

Capitalized words and phrases used herein shall, for all purposes of this Agreement and the Schedules hereto (unless there is something in the subject matter or context inconsistent therewith or unless otherwise defined herein), have the meaning set out in Schedule A to this Agreement.

2.3 Headings

Headings, recitals and the provision of a table of contents are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

2.4 References

Unless otherwise expressly stated, reference herein to a Schedule or to an Article, Section, subsection, clause, subclause, or other subdivision is a reference to such Schedule to this Agreement or to such Article, Section, subsection, clause, subclause, or other subdivision within this Agreement.

2.5 Parties

References in this Agreement to the "parties" shall mean the parties to this Agreement and a reference to a "party" shall mean one (1) of the parties to this Agreement.

2.6 Number and Gender

Words importing the singular only shall include the plural and vice versa, words importing any gender shall include other genders and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organizations and corporations and vice versa.

2.7 Statutes and Regulations

Any reference in this Agreement to all or any part of any statute, regulation, by-law or other legislative enactment shall, unless otherwise expressly stated, be a reference to that statute, regulation, by-law or legislative enactment or relevant part thereof as amended, substituted, replaced or re-enacted from time to time.

2.8 Monetary References

Whenever an amount of money is referred to herein, such amount shall, unless otherwise expressly stated, be deemed to be Canadian dollars.

2.9 Time

Time shall be of the essence of this Agreement. If the last day of any period of days set out herein falls on a day which is not a Working Day, such period of days shall be extended to the first Working Day immediately following the last day of such period of days. If anything herein

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falls to be done or held on a day which is not a Working Day, the same shall be done or held on the next succeeding Working Day.

2.10 Authority

Where reference is made to a direction, response, act, decision, determination, consent, waiver, approval, notice, request or other communication of Halifax Water that is required or that may be done, performed or carried out by Halifax Water pursuant to this Agreement, it may be so done, performed or carried out by the Halifax Water Project Manager or such other Person or Persons as may be authorized by Halifax Water to act in his stead and any such Person or Persons or any other Persons who may be designated from time to time as Halifax Water Project Manager for the purposes of the Project Agreement by notice from Halifax Water to the Engineer in accordance with this Agreement.

2.11 Discretion

Where reference is made to a direction, response, act, decision, determination, consent, waiver, approval, notice, request or other communication of Halifax Water or to matters which must be satisfactory to Halifax Water, then, unless otherwise expressly stated, that matter is to be conducted or carried out at the sole discretion of Halifax Water, subject to Halifax Water's obligation to act in good faith and reasonably.

2.12 Amendments in Writing

No amendment, variation or waiver of the provisions of this Agreement shall be effective unless made in writing and signed by each of the parties hereto, either individually by counterpart or collectively. Any amendment, variation or waiver shall take effect on the date specified in the amendment, variation or waiver or, if not so specified, on the date on which the last party executes and delivers the amendment, variation or waiver.

2.13 Assignment

Neither party may assign this Engineering Agreement in whole or part without the written consent of the other, which consent will not be unreasonably withheld.

2.14 Severability

If any provision of this Engineering Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be severed from this Engineering Agreement and the other provisions of this Engineering Agreement will remain in full force and effect.

2.15 No Waiver

(a) Any waiver by any party of all or any part of any provision, or the breach of any provision of this Agreement shall affect only the matter specifically identified in the instrument granting the waiver and shall not extend to any other matter, provision or breach.

(b) Any waiver by any party of all or any part of any provision, or the breach of any provision of this Agreement shall extend only to the party to whom such waiver is

4

expressly granted and shall not be construed as a waiver in favour of any other party in respect of such provision or breach and shall not prejudice the rights of any other party from insisting upon performance of such provision.

(c) The failure of any party to give notice to the other party, or to take any other steps in exercising any right in respect of the breach or non-fulfilment of any provision of this Agreement, shall not operate as a release or waiver of that right or as a release of the other party from its obligations and liabilities nor shall any single or partial exercise of any right preclude any other or future exercise of that right or the exercise of any other right, whether in law or in equity or otherwise.

ARTICLE 3 ENGINEERING AGREEMENT DOCUMENTS

3.1 Schedules

The following sections and documents form part of and are incorporated into the Engineering Agreement and are known, collectively as the "Engineering Agreement Documents":

(a) Schedule A – Definitions;

(b) Schedule B - General Conditions;

(c) Schedule C - Engineer's Scope of Services;

(d) Schedule D - Fees and Reimbursable Expenses; and

(e) Schedule E – Engineer's Proposal.

ARTICLE 4 FEES AND REIMBURSABLE EXPENSES

4.1 Fees for the Services of the Engineer

The Fees for the Services of the Engineer are set forth in Schedule D - Fees and Reimbursable Expenses.

4.2 Reimbursable Expenses

Reimbursable Expenses are the costs and charges identified in Schedule D – Fees and Reimbursable Expenses that are incurred by the Engineer in performing the Services.

ARTICLE 5 PAYMENT

5.1 Payment

Halifax Water will pay to the Engineer the Fees and Reimbursable Expenses set out in this Engineering Agreement.

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5.2 Monthly Invoices

The Engineer will issue monthly invoices for Fees and Reimbursable Expenses, together with Applicable Taxes, which must detail:

(a) the period of the Work applicable to the invoice;

(b) a detailed breakdown by task of the personnel involved, hours worked for the current period and hourly rates of each person involved which is consistent with the time task matrix provided in the contract. For each task provide the total value for previously invoiced work and a grand total to the end of the invoicing period;

(c) by task the percentage calculation of the Work completed; and

(d) expenses, disbursements and applicable taxes, separately itemized. Copies of original receipts which provide an itemized breakdown for airline travel, meals, accommodations, etc., must be provided in order for the Engineer to receive reimbursement for expenses.

Invoices shall be submitted to:

[●] Project Manager Halifax Regional Water Commission PO Box 8388 RPO CSC 450 Cowie Hill Road P.O. Box 8388, RP0 CSC Halifax, NS B3K 5M1

5.3 Excluded Expenses

Unless specifically agreed upon within the contract Halifax Water will not reimburse for expenses associated with computer hardware, computer software, communication devices and digital cameras.

5.4 Project Updates

The submission of the required written project updates are a mandatory project requirement. Halifax Water will withhold invoice payment if these updates are not provided.

5.5 Payment for Record Information Package

Halifax Water will make no partial payment toward the completion of the Record Information Package task. Payment for this task will be made upon acceptance of a 100% complete Record Information Package.

6

5.6 Invoices in Excess of Fees and Reasonable Expenses

Invoices for amounts exceeding the Fees and Reasonable Expenses set forth herein shall not be approved or processed unless Halifax Water has provided its consent in writing prior to the Work in relation thereto being undertaken.

5.7 Maximum Payment

Unless otherwise agreed in writing, Halifax Water will pay invoices up to a maximum of 90% of the fee quoted for a particular phase or component of the Work with the balance of the fee payable upon completion of the phase or component in question.

5.8 Disputed Payments

In the event Halifax Water disputes a portion of the Fees and Reimbursable Expenses invoiced by the Engineer, Halifax Water will pay the uncontested portion within the prescribed time. Disputes regarding Fees and Reimbursable Expenses of the Engineer will be resolved in the manner specified in Part 15 - Dispute Resolution.

5.9 Timing of Payment

Halifax Water shall pay an invoice within 30 days of receipt of an invoice which is compliant with the requirements of Sections 5.2 and 5.3 above.

5.10 Changes in the Work

(a) Should Halifax Water request a change to the Project or Work which requires the Engineer to provide additional Services beyond those contemplated at the time the Engineering Agreement is signed, before undertaking such additional Services Halifax Water and the Engineer will agree in writing upon the Engineer's remuneration and time for providing the additional Services. Failing an agreement with Halifax Water, Halifax Water will pay the Engineer for the additional Services at the hourly rates set out in Schedule D – Fees and Reimbursable Expenses and any additional Reimbursable Expense incurred, and grant a reasonable extension of time to the Engineer for the performance of the additional Services.

(b) Should Halifax Water, through no fault of the Engineer, request a change to the Project or Work which renders useless a part of the Services already provided, Halifax Water will pay the Engineer in accordance with this Engineering Agreement for Services already provided which the change has rendered useless.

7

(c) Should it prove necessary for the Engineer to rework or revise the plans and specifications forming part of the Services for reasons which the Engineer could not reasonably foresee when the Engineering Agreement was signed or owing to the default or the insolvency of Halifax Water or the Contractor or a subcontractor, or as a result of Halifax Water's suspension of the Services or Work on the Project or because of damage to the Project by fire or some other cause, Halifax Water will pay the Engineer or any reworked or revised plans and specifications at the hourly rates set out in Schedule D – Fees and Reimbursable Expenses.

ARTICLE 6 NOTICES

6.1 Delivery

A Notice will be addressed to the recipient at the address set out below. The delivery of a Notice will be by personal delivery or receipted courier delivery. A Notice delivered by one party in accordance with this Engineering Agreement will be deemed to have been received by the other party on the first Working Day after actual delivery. An address for a party may be changed by Notice to the other party setting out the new address in accordance with this Article.

6.2 No E-mail

Although the parties may use electronic communications, for the purposes of general communication, e-mail will not be used for delivery of a Notice.

6.3 Addresses

The addresses for the parties are as follows:

(a) Halifax Water Halifax Regional Water Commission 450 Cowie Hill Road P.O. Box 8388 RP0 CSC Halifax, NS B3K 5M1 Attention: [●]

(b) Engineer

[●]

[NTD: If it is intended that a specific individual or officer must receive the Notice, indicate that individual's name and/or office].

ARTICLE 7 GENERAL

7.1 Language of the Contract

The parties confirm their wish that this Engineering Agreement as well as any other related documents including future amendments, Notices and correspondence be drawn in English.

8

Parts of the Engineering Agreement may be included as available in English or in French or both, according to the language or languages in which they originally were drawn.

7.2 Enurement

This Engineering Agreement will enure to the benefit of and be binding upon the parties, and upon their executors, administrators, successors and permitted assigns.

7.3 Counterparts

This Agreement may be executed in any number of counterparts and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.

7.4 Facsimile Signatures

The parties agree that this Agreement may be transmitted by facsimile and the reproduction of signatures by way of facsimile will be treated as though such reproductions were executed originals and each party undertakes to provide the other with a copy of this Agreement bearing original signatures within a reasonable time after the date of execution.

[Balance of this page intentionally left blank]

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IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.

SIGNED, SEALED and DELIVERED ) in the presence of: ) HALIFAX REGIONAL WATER ) COMMISSION ) ) Per: ) ● ) [Title] ) ) Per: ) ● ) [Title] ) ) ) ●[NTD: NAME OF ENGINEER] ) ) ) Per: ) ● ) [Title] ) ) ) Per: ) ● ) [Title] )

SCHEDULE A DEFINITIONS

1. Applicable Taxes

Applicable Taxes means such sum as levied upon the Fee, Reimbursable Expenses and the Work by a Federal, Provincial or Territorial Government and is computed as a percentage of the same and includes the Goods and Services Tax, the Quebec Sales Tax, the Harmonized Sales Tax, and any similar tax, the payment or collection of which is imposed by legislation.

2. Confidential Information

“Confidential Information” means: (a) this Agreement and the discussions, negotiations and proposals related to this Agreement; and (b) information, whether provided directly or indirectly, from a party to the Agreement in writing, verbally, by electronic or other data transmission, or in any other form or media or obtained through on-site visits and whether furnished or made available before or after the date of the Agreement, that is confidential, proprietary or otherwise not generally available to the public, including without limitation, trade secrets, technical information and technology, information about trade techniques and other processes and procedures, financial information and business information, plans and prospects, together with any excerpts, reports or documents prepared by or on behalf of the recipient of the information incorporating, referred to or reflecting, in whole or in part, any portion of any such information. Confidential Information does not include information that is: (i) rightfully known to the receiving party before negotiations leading up to this Agreement; (ii) independently developed by the receiving party without use of, access to, or relying on the disclosing party’s Confidential Information; (iii) part of the public domain through no fault of the receiving party or is lawfully obtained by the receiving party from a third party not under an obligation of confidentiality; or (iv) free of confidentiality restrictions by agreement of the disclosing party.

3. Construction Contract

Construction Contract means the contract between Halifax Water and the Contractor for the performance of the Work by the Contractor.

4. Construction Administration Services

Construction Administration Services means those services, if any, which relate to the administration of the Construction Contract and which are identified as such in Schedule C – Engineer's Scope of Services and which form part of the Services.

5. Construction Contract Documents

Construction Contract Documents means all documents relating to the Work issued by or through the Engineer that are incorporated into the Construction Contract and all variations and modifications issued by or approved by the Engineer.

Schedule A – Definitions 2

6. Construction Contract Time

Construction Contract Time means the period from the Notice to proceed with the Work issued to the Contractor to the completion date of the Work in accordance with the Construction Contract.

7. Construction Cost

Construction Cost means the total cost to Halifax Water of the Work, and includes:

(a) all materials, equipment, labour, Applicable Taxes, Contractor's overhead and profit provided in accordance with the Construction Contract Documents;

(b) the cost of all installations for the Project carried out by parties other than the Contractor;

(c) the cost of all Work carried out under the Construction Contract;

(d) refunds or sales tax exemptions on any materials or equipment, or both;

(e) the cost of Work carried out by direct labour or direct purchase of materials or equipment by Halifax Water at prevailing prices;

(f) the value of new or old materials provided by Halifax Water;

(g) the value of all deletions made by Halifax Water, from the Work after the Engineer has completed a design for the deleted items as part of the Work; and

(h) the value of any monetary damages or set offs retained by Halifax Water from the Contractor with respect to the Work;

but does not include:

(i) Fees and Reimbursable Expenses of Consultant of Halifax Water;

(j) the salary of Halifax Water's representative or other salary and administrative costs of Halifax Water;

(k) the cost of land and any related rights or easements; or

(l) the costs of items, such as equipment, furniture or fixtures that do not form a part of the Construction Contract.

8. Consultant or Consultant Of Halifax Water

Consultant or Consultant of Halifax Water means a professional engineer, architect, or other specialist duly registered or licensed under the laws of Nova Scotia engaged directly by Halifax Water other than the Engineer or Sub-Consultants of the Engineer.


9. Contractor

Contractor means a person or entity contracting with Halifax Water to perform some or all of the Work.

10. Coordinate or Coordination

Coordinate or Coordination, when referring to the Services of the Engineer, means the management and supervision of communications between the Engineer and a Sub Consultant or a Consultant of Halifax Water.

11. Engineering Agreement or Agreement

Engineering Agreement or Agreement means this agreement between Halifax Water and the Engineer, including all of the documents identified in Section 3.1 and any amendments thereto.

12. Engineering Agreement Documents

Engineering Agreement Documents means the documents listed in Section 3.1 of the Engineering Agreement.

13. Engineering Documents

Engineering Documents means drawings, plans, model, designs, specifications, reports, photographs, computer software proprietary to the Engineer, surveys, calculations and other data, including computer print outs contained in the Construction Contract Documents or which are otherwise used in connection with the Project, and which were prepared by or on behalf of the Engineer and are instruments of Service for the execution of Work.

14. Fees

Fees means those fees that are identified in Schedule D - Fees and Reimbursable Expenses and which are payable by Halifax Water to the Engineer.

15. Hazardous Substances

Hazardous Substances means any toxic or hazardous solid, liquid, gaseous, thermal, or electromagnetic irritant or contaminant, and includes, without limitation, pollutants, moulds, and hazardous and special materials and wastes whether or not defined as such in any federal, provincial, territorial or municipal laws, statutes, or regulations.

16. Notice

Notice means a written communication between the parties that is delivered in accordance with the provisions of Article 6 - Notices. Use of the verb "to notify" means to send a Notice in the above manner.


17. Place of the Work

Place of the Work means the designated site or location of the Work identified in this Engineering Agreement.

18. Project

Project means the total endeavour contemplated in this Engineering Agreement of which the Services and the Work may be the whole or a part.

19. Project Budget

Project Budget means the estimated cost of the Work, including the Services and other professional services, but excluding expenses relating to site acquisition, promotion and marketing.

20. Project Manager

Project Manager means, [name of assigned Halifax Water PM] (or their designate) appointed to manage the Project on behalf of Halifax Water.

21. Reimbursable Expenses

Reimbursable Expenses means those expenses that are identified in Schedule D – Fees and Reimbursable Expenses and which are payable by Halifax Water to the Engineer.

22. Services

Services mean those services that are identified in Schedule C – Engineer's Scope of Services.

23. Shop Drawings

Shop Drawings means drawings, diagrams, illustrations, schedules, performance charts, technical brochures, and other data that are to be provided by the Contractor or by others to illustrate details of a portion of the Work.

24. Sub-Consultant or Sub-Consultant of the Engineer

Sub-Consultant or Sub-Consultant of the Engineer means any professional engineer, architect, or other specialist duly registered or licensed under the laws Nova Scotia and engaged by the Engineer to perform a discreet scope of services in connection with the Project but does not include employees of the Engineer or consultants working under a personal services agreement with the Engineer.

25. Substantial Completion

Substantial Completion is the date on which Halifax Water confirms in writing that it is satisfied that: (a) the Project has been successfully commissioned, (b) staff have been adequately trained in all matters of operation and maintenance relative to the Project and (c) the Contractor has delivered all required operation and maintenance manuals, or the information required for inclusion therein.


26. Substantial Performance of the Work

Substantial Performance of the Work has the meaning given in the Builders' Lien Act, R.S.N.S. 1989, c. 277, as amended.

27. Work

Work means the total construction and related services required by the Construction Contract.

28. Working Day

Working Day means a day other than a Saturday, Sunday, statutory holiday or statutory vacation day that is observed by the construction industry in the Halifax Regional Municipality. Reference to a day, other than a Working Day, indicates a calendar day.

SCHEDULE B GENERAL CONDITIONS

1.0 Agreement Documents

If there is a conflict within the Engineering Agreement, the order of priority of Engineering Agreement Documents, from highest to lowest, will be:

(a) Engineering Agreement;

(b) Schedule A - Definitions;

(c) Schedule B - General Conditions;

(d) Schedule C - Engineer's Scope of Services;

(e) Schedule D - Fees and Reimbursable Expenses; and

(f) Schedule E – Engineer's Proposal.

The documents which make up the Engineering Agreement are complementary, and what is required by any one will be as binding as if required by all.

Words and abbreviations with well-known technical or trade meanings are used in the Engineering Agreement Documents in accordance with such recognized meanings.

References in the Engineering Agreement Documents to the singular will be considered to include the plural as the context requires.

References in the Engineering Agreement Documents to regulations and codes are considered to be references to the latest published version as of the signature date of the Engineering Agreement, unless otherwise indicated.

2.0 Law of the Engineering Agreement; Acknowledgement

2.1 This Engineering Agreement shall be construed in accordance with and governed by the laws in effect in the Province of Nova Scotia.

2.2 Halifax Water acknowledges receipt of sufficient information from the Engineer, including information concerning the Fees and Services of the Engineer, so as to allow Halifax Water to assess the nature, extent and cost of the Services of the Engineer and the obligations which Halifax Water assumes under this Engineering Agreement.

3.0 Rights and Remedies

3.1 Except as expressly provided in the Engineering Agreement Documents, the duties and obligations imposed by the Engineering Agreement Documents and the rights and remedies available thereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.

Schedule B – General Conditions 2

3.2 No failure or delay by any party in exercising any of its rights or remedies hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Except as otherwise provided herein, the rights and remedies of the parties provided in this Engineering Agreement are cumulative and not exclusive of any rights or remedies provided under this Engineering Agreement, by law, in equity, or otherwise.

4.0 Safety

4.1 The Engineer may be requested to administer “Section 5, Contractor Health and Safety” of Halifax Water’s Occupational Health & Safety Program Manual. Section 5 and related forms are attached in Appendix 1 to Schedule B.

4.2 The health and safety of all personnel working on this project is of utmost importance to Halifax Water. In addition to governing law the Engineer is to undertake their work consistent with “Section 5, Contractor Health and Safety” of Halifax Water’s Occupational Health & Safety Program Manual. The Engineer is required to submit to Halifax Water a Place of Work Safety Plan prior to commencement of the work. The Engineer must follow their work safe procedures for incident/Near Miss reporting and inspection processes. The Engineer must immediately report all incidents and Near Misses to Halifax Water.

5.0 Engineer's Obligations

5.1 The Engineer is bound by the legislation governing the Engineer's profession. Nothing in this Engineering Agreement requires the Engineer to derogate from obligations prescribed by law that are binding upon the Engineer.

5.2 The Engineer represents that it has undertaken all reviews and inquiries that it has considered necessary to fully understand and appreciate the scope of the work involved in providing the Services, that it has the necessary skills, experience, know-how, technology and tools to perform the Services, and that it will provide the Services in a prudent, diligent, and workmanlike manner consistent with the best practices in the industry in which the Engineer operates.

5.3 The Services, Engineering Documents and Construction Contract Documents provided under the terms of this Engineering Agreement shall be free from defects and deficiencies and shall accomplish the purposes intended. The Engineer agrees that it shall at its own expense promptly:

(a) correct any work performed, or omitted to be performed, in supplying the Services by the Engineer or any Sub-Consultant which is not in accordance with this Engineering Agreement and the Project requirements;

(b) rectify and make good or cause to be rectified and made good all defects or deficiencies in any design, plan or specification for the Project which are detected or discovered, including those in respect of which the Engineer has been provided Notice by Halifax Water within the time period stipulated in such Notice; and


(c) indemnify and save harmless Halifax Water from all costs incurred by or asserted to be owed by Halifax Water in connection with or arising from the Engineer's negligence in the performance of its obligations under this Engineering Agreement, including but not limited to any costs associated with Work performed by the Contractor or any third party which would not otherwise have been incurred but for the Engineer's negligence and which cannot otherwise be utilized in connection with the Project following the correction of the negligence.

5.4 The Engineer agrees that the obligations set forth in Section 5.3 shall remain in effect for three (3) years from the date of Substantial Completion of the Project. The Engineer shall redesign as is necessary and shall cover any costs or damages incurred by Halifax Water arising out of the Engineer's negligence in the performance of its obligations under this Engineering Agreement.

5.5 The Engineer will maintain records of Reimbursable Expenses and time records for Services performed for which the Fee is computed on an hourly basis. These records will be maintained by generally accepted accounting methods and made available to Halifax Water for inspection and audit at mutually convenient times during the term of this Engineering Agreement and for a period not exceeding two (2) years following completion of the Services.

5.6 Halifax Water may demand at any time during the performance of these Engineering Agreement statutory declarations verifying the payment of Sub-Consultants and any other sums owing by the Engineer in connection with this Agreement.

5.7 The Engineer shall: (a) cooperate with Halifax Water and the Contractor in ensuring that safety precautions and programs appropriate for the Work and the Project are implemented and (b) comply in all respects with applicable occupational health and safety legislation and applicable policies of Halifax Water, as they apply to the Engineer, in connection with the Work and the Project.

5.8 The Engineer will not be responsible for:

(a) the performance by the Contractor, subcontractors, suppliers or any other contractors of the Work or for the failure any of them to carry out the Work in accordance with the Construction Contract;

(b) the construction methods, means, techniques, sequences or procedures of the Contractor, subcontractors, suppliers, or any other contractors, nor the control, direction or supervision of them;

(c) acts or omissions of the Consultant of Halifax Water, or the Contractor, Sub-Contractors, suppliers, or any other contractor; and

(d) the advice of any independent expert engaged either by Halifax Water or the Contractor, whether or not recommended by the Engineer.

5.9 The Engineer may engage Sub-Consultants with the prior approval of Halifax Water to enable the Engineer to provide the Services, provided that:


(a) the Engineer shall not thereby be relieved of any of its obligations to Halifax Water as set forth in this Agreement;

(b) all subcontracts shall be in writing;

(c) all subcontracts shall include provisions which confirm that they are assignable to Halifax Water;

(d) all subcontracts shall require Sub-Consultants to participate in any dispute resolution process invoked by the parties to this Engineering Agreement, if called upon by Halifax Water or the Engineer to do so; and

(e) copies of all subcontracts shall be provided to Halifax Water upon the termination of this Agreement by Halifax Water.

5.10 The Engineer proposes that the following shall be Sub-Consultants during the term of this Agreement (unless they are replaced by qualified persons acceptable to Halifax Water which acceptance shall not be unreasonably withheld):

(a) [●] [NTD: Insert details]

5.11 The Engineer will coordinate the activities of its Sub-Consultants.

5.12 Halifax Water makes no warranty or representation as to the accuracy or completeness of information and data furnished by it, including information and data originating from a Consultant of Halifax Water.

5.13 The Engineer will not accept a commission or other compensation from a manufacturer, supplier or contractor involved in the Project. The Engineer will have no financial interest in materials or equipment specified or recommended by the Engineer as part of the Services. However, ownership of less than one percent (1%) of the securities issued by a company whose securities are traded on a recognized securities exchange will not be deemed to constitute a financial interest.

5.14 Where the Engineer does not provide Construction Administration Services under this Engineering Agreement but Halifax Water nevertheless requests the Engineer to attend at the Place of the Work for any reason, the Engineer will not incur any liability to Halifax Water for having attended at the Place of the Work unless Halifax Water makes a specific request to the Engineer in writing stating why Halifax Water has requested the Engineer's attendance and the Engineer has agreed to attend for that sole purpose. In such event, the only responsibility of the Engineer will be to respond to Halifax Water's specific request provided such request falls within the mandate and competence of the Engineer.

6.0 Halifax Water's Obligations

6.1 Halifax Water will promptly fulfill all of Halifax Water's responsibilities so as not to impede the Engineer's orderly performance of the Services.


6.2 Halifax Water, when so notified by the Engineer, will make available to the Engineer all information or data pertinent to the Project which is reasonably required by the Engineer to perform the Services.

6.3 Should Halifax Water not provide the information required by the Engineer to perform the Services as mentioned in Section 6.2, the Engineer may give Notice to Halifax Water requesting correction of the default. If Halifax Water fails to provide the information within 30 days after receipt of such Notice, or in such other time period as may be subsequently agreed in writing by the parties, the Engineer may terminate this Engineering Agreement upon further Notice to Halifax Water.

6.4 Halifax Water will ensure that Consultants of Halifax Water have adequate professional liability insurance, commensurate with the services they will provide for the Project and the Work.

6.5 Should the Engineer be required to act as the agent of Halifax Water in order to perform some of the services, Halifax Water will authorize the Engineer in writing to act as Halifax Water's agent for such purposes as may be necessary. Where the Engineer acts as Halifax Water's agent pursuant to a written authorization, Halifax Water is responsible for the authorized actions of the Engineer as agent of Halifax Water.

6.6 Halifax Water will promptly consider requests by the Engineer for directions or decisions and diligently inform the Engineer of Halifax Water's direction or decision within a reasonable time so as not to delay the Services.

6.7 Halifax Water, at the request of the Engineer, will furnish reasonable evidence to the Engineer that financial arrangements have been made to fulfill Halifax Water's payment obligations under this Engineering Agreement before signing the Engineering Agreement.

6.8 Halifax Water will notify the Engineer of any material change in Halifax Water's financial arrangements that affect Halifax Water's ability to fulfill Halifax Water's payment obligations under this Engineering Agreement.

6.9 Halifax Water is responsible for obtaining legal advice regarding tenders, requests for a proposal or information, bids, contract awards and the like, regarding the Project. Halifax Water is responsible for decisions relating to the issuance, validity or award of tenders, proposals or bids and for the resulting consequences, even where the Services require the Engineer to review or assist in the preparation of tenders, proposals for bids and the like or to make recommendations regarding them or regarding the qualification or selection of bidders.

6.10 Halifax Water will arrange where necessary for the Engineer's access to the Place of the Work or other required locations to enable the Engineer to perform the Services.

6.11 Halifax Water will designate in writing an individual to act as Halifax Water's representative who will have authority to transmit instructions to and receive information from the Engineer.

6.12 Halifax Water will notify the Engineer as soon as practicable after Halifax Water or Halifax Water's representative becomes aware of any defects or deficiencies in the


Services, the Engineering Documents or in the Construction Contract Documents, and the Engineer shall promptly rectify at its own expense any such defect or deficiency within the time period stipulated by Halifax Water.

6.13 Halifax Water will obtain required approvals, licences and permits from municipal, governmental or other authorities having jurisdiction over the Project so as not to delay the Engineer in the performance of the Services.

6.14 Halifax Water will not enter into contracts with Consultants of Halifax Water or Contractors that are incompatible or inconsistent with the Services to be provided under this Engineering Agreement.

7.0 Construction Administration

7.1 This Part 7 – Construction Administration applies only when and to the extent that the Engineer provides Construction Administration Services under Schedule C – Engineer's Scope of Services.

7.2 Construction Administration Services provided by the Engineer are for the benefit of Halifax Water.

7.3 The Engineer will have authority to act on behalf of Halifax Water but only to the extent provided in the Construction Administration Services.

7.4 Halifax Water may modify or extend the duties, responsibilities, and authority of the Engineer as set forth in the Construction Administration Services with the written consent of the Engineer.

7.5 Notices, instructions, requests, claims or other communications between Halifax Water and the Contractor and between Halifax Water and any Consultants of Halifax Water will be made by or through the Engineer, unless Halifax Water notifies the Engineer otherwise.

7.6 The Engineer, in the first instance, will be the interpreter of the requirements of the Engineering Documents and will make findings on all claims made by either Halifax Water or the Contractor under the Construction Contract, and on all matters relating to the interpretation of the Engineering Documents, unless otherwise provided in the Construction Contract.

7.7 The Engineer, if specified in the Construction Administration Services and in the contracts among Halifax Water and its Consultants, will coordinate the activities of the Consultants of Halifax Water.

7.8 The Engineer will visit the Place of the Work as requested by Halifax Water or at such intervals as the Engineer, in the Engineer's judgment, considers to be appropriate relative to the progress of construction in order to enable the Engineer to assess whether the Contractor is carrying out the Work in general conformity with the Engineering Documents. Only Work which the Engineer has reviewed during the construction will be considered to have been assessed. Should the Engineer comment on parts of the Work which the Engineer has not reviewed, the comments of the Engineer must be construed


as being assumptions only and must not be relied upon unless Halifax Water notifies the Engineer to review, and the Engineer reviews, the parts of the Work in question.

7.9 The Engineer is not responsible for performance of the Construction Contract. The Contractor is solely responsible for the execution, quality, schedule and cost of the Work.

7.10 The Engineer is not responsible to Halifax Water, the Contractor or any Consultant of Halifax Water for the means, methods, techniques, sequences, procedures and use of equipment for the Project, whether or not reviewed by the Engineer, which are employed by the Contractor or by a Consultant of Halifax Water in executing, designing or administering the Work; or for the services of a Consultant of Halifax Water; or for commissioning and start-up of any facility or equipment; or for health and safety precautions and programs incidental to the Project or to the commissioning and start up of any facility or equipment.

7.11 No acceptance by the Engineer of the Work or of the services of the Consultants of Halifax Water, whether express or implied, will relieve the Contractor or the Consultants of Halifax Water from their responsibility to Halifax Water for the proper performance of the Work or their services.

7.12 Unless otherwise specifically stated within the Engineering Documents or included in the Construction Administration Services, the Contractor's Shop Drawings will be reviewed by the Engineer only for the limited purpose of checking for general conformance with information given and the design concept expressed in the Construction Contract Documents. The Engineer's review of Shop Drawings is not for the purpose of determining the feasibility or constructability of the Work detailed within the Shop Drawings or the accuracy or completeness of:

(a) details of such as dimension and quantities;

(b) instructions for installation or performance of equipment or systems;

(c) Contractor's construction means, methods, techniques, sequences or procedures; or

(d) safety precautions for those engaged in the Work or others at the Place of the Work.

8.0 Certifications by the Engineer

8.1 This Part 8 - Certifications by the Engineer applies only when and to the extent that the Engineer is required to issue certifications under Schedule C - Engineer's Scope of Services.

8.2 Engineer will issue those certifications which the Engineer is required to give as part of the Services with the degree of care, skill, and diligence normally provided by engineers issuing comparable certifications in respect of projects of a similar nature to that contemplated by this Engineering Agreement, based upon data reasonably available to the Engineer.


8.3 If included in the Construction Administration Services, the Engineer's issuance of a certificate for payment constitutes a representation by the Engineer to Halifax Water, based on the Construction Administration Services performed by the Engineer and on review of the Contractor's schedule of values and applications for payment, that, to the best of the Engineer's information and belief:

(a) the Work has progressed to the value indicated;

(b) Work observed by the Engineer while performing Construction Administration Services conforms generally with the Construction Contract Documents; and

(c) the Contractor is entitled to payment in the amount certified.

8.4 The Engineer's issuance of a certificate for payment is subject to:

(a) review and evaluation of the Work, to the extent specified in the Services, as it progresses for general conformity with the Construction Contract Documents;

(b) the results of any subsequent tests required by the Construction Contract Documents;

(c) correction of deviations from the Construction Contract Documents detected prior to completion or after completion, as the case may be; and

(d) any specific qualifications stated in the certificate for payment.

8.5 The Engineer's issuance of a certificate for payment is not a representation that the Engineer has inquired into the Contractor's:

(a) use or allocation of monies paid on account of the contract price specified in the Construction Contract; or

(b) compliance with obligations imposed on the Contractor by law, including requirements of workplace health and safety legislation at the Place of the Work.

9.0 Construction Cost and Contract Time Estimates

9.1 This Part 9 – Construction Cost and Contract Time Estimates applies only in the event the Services require the Engineer to provide Halifax Water with an estimate of the probable Construction Cost or Construction Contract Time, whether to assist Halifax Water with a call for tenders for the Work or otherwise.

9.2 The parties acknowledge that an estimate of probable Construction Cost and an estimate of Construction Contract Time provided by the Engineer are subject to change and are contingent upon factors, including market forces, over which the Engineer has no control. The Engineer does not guarantee the accuracy of such estimates nor does the Engineer represent that bids, negotiated prices or the time for performance will not vary from such estimates. More definitive estimates regarding costs and, for performance may be assessed only when bids and negotiated prices are received for the Work.


10.0 Termination and Suspension

10.1 This Engineering Agreement is terminated on the earliest of:

(a) the date when the Engineer has performed all of the Services; or

(b) the date of termination if termination occurs in accordance with this Part 10 Termination and Suspension.

10.2 If the Engineer is a natural person practising alone (and not part of a company or a partnership) and should the Engineer die or become seriously incapacitated before having supplied all of the Services, either Halifax Water or the estate or legal representative of the Engineer may terminate this Engineering Agreement upon Notice to the other, with effect from the date of decease or, in the case of serious incapacity, from the date of the Notice of termination.

10.3 If the Engineer is in material default in the performance of any of the Engineer's obligations under this Engineering Agreement, Halifax Water will notify the Engineer that the default must be corrected. If the Engineer does not correct the default within 30 days after receipt of such Notice or if the Engineer does not take reasonable steps to correct the default if the default is not susceptible of immediate correction, Halifax Water may terminate this Engineering Agreement upon further Notice to the Engineer, without prejudice to any other rights or recourses of Halifax Water.

10.4 If Halifax Water is in material default in the performance of any of Halifax Water's obligations set forth in this Engineering Agreement, including but not limited to the non-payment of Fees and Reimbursable Expenses of the Engineer in the manner specified in this Engineering Agreement, the Engineer will notify Halifax Water that the default must be corrected. If Halifax Water does not correct the default within thirty (30) days after receipt of such Notice, the Engineer may terminate this Engineering Agreement upon further Notice to Halifax Water.

10.5 If Halifax Water is unwilling or unable to proceed with the Project, Halifax Water may suspend or terminate this Engineering Agreement by Notice of thirty (30) days to the Engineer. Upon receipt of such Notice, the Engineer will perform no further Services other than those reasonably necessary to suspend or terminate that portion of the Project for which the Engineer is responsible. In such event, Halifax Water will pay the Fees and Reimbursable Expenses incurred by the Engineer up to the date of suspension or termination.

10.6 If Halifax Water suspends performance of the Services at any time for more than thirty (30) consecutive or non-consecutive days through no fault of the Engineer, then the Engineer may choose to terminate this Engineering Agreement upon Notice to Halifax Water. In this event, Halifax Water will pay the Fees and Reimbursable Expenses of the Engineer that are incurred and unpaid as of the date of such termination.

11.0 Ownership and Use of Documents and Intellectual Property by Halifax Water

11.1 Halifax Water shall retain all right, title and interest in the Engineering Documents and any and all other products or documents generated by the Engineer in connection with


the Services, whether the Work is executed or not and whether or not the Project is completed.

11.2 Without limiting the generality of Section 11.1, Halifax Water shall own all copies, including reproducible or electronic copies, of the Engineering Documents and all other documents generated by the Engineer in connection with the Services and shall have unrestricted right to use the Engineering Documents and all other documents generated by the Engineer for any purpose it deems necessary whether in connection with the Project or otherwise.

[NTD: If the Engineer is to be responsible for the design in future uses or applications, this responsibility will have to be included in the Scope of Services for which Halifax Water has contract; otherwise future uses are at Halifax Water's risk]

12.0 Building Codes and By-Laws

12.1 The Engineer will interpret building codes and by-laws as they apply to the Project at the time of design. As the Work progresses, building codes and by-laws may change or the interpretation by an authority having jurisdiction may differ from the interpretation of the Engineer. Halifax Water will not compensate the Engineer for any additional Services of the Engineer that are required in order to have the Work conform to such interpretations of building codes and by-laws. Halifax Water will compensate the Engineer for any additional Services of the Engineer that are required in order to have the Work conform to changes of building codes and by-laws.

13.0 Project Ownership, Identification and Confidentiality

13.1 Halifax Water represents to the Engineer that Halifax Water is the owner of the Place of the Work. If Halifax Water is not the owner, Halifax Water will notify the Engineer of the identity of the owner before signature of this Engineering Agreement.

13.2 The Engineer will be identified on Project signage and promotional material whenever other Project design professionals are mentioned. The Engineer may refer to the Project in the Engineer's promotional material.

13.3 Each party acknowledges that while performing its obligations under this Agreement it may have access to the other party’s Confidential Information. With respect to all Confidential Information, the parties agree that commencing the date of this Agreement and continuing during its term and for a period of five (5) years after the termination or expiry of this Agreement, neither party will disclose to any third party, and each party will keep strictly confidential, all Confidential Information of the other. Each party hereby agrees to protect the Confidential Information of the other party using no less care than such party uses to safeguard and protect its own Confidential Information. In no event will the receiving party fail to use reasonable care to avoid unauthorized use, including disclosure, loss or alteration of the disclosing party’s Confidential Information.

13.4 All Confidential Information shared between the parties under a non-disclosure and confidentiality agreement or a request for proposals prior to the date of this Agreement will be governed by this Section as of the date of this Agreement.


13.5 A party may disclose the other party’s Confidential Information to its affiliates, agents, contractors and legal representatives, if they have a need to know and an obligation to protect the Confidential Information that is at least as restrictive as this Agreement. Neither party will use the Confidential Information of the other party except solely as necessary in and during the performance of this Agreement, or as expressly permitted hereunder. Each party will be responsible for any improper use or disclosure of any Confidential Information of the other such party’s officers, partners, principals, employees, agents or independent contractors (including individuals who become former partners, principals, employees, agents or independent contractors).

13.6 The obligations of this Section will not apply to any Confidential Information for a period longer than it is legally permissible to restrict disclosure of that item of Confidential Information

13.7 Each party will disclose Confidential Information to the extent required by law or by order of a court or governmental agency, provided however, that the recipient of such Confidential Information will give the owner of such Confidential Information prompt written notice prior to disclosure, and will use its reasonable efforts to cooperate with the owner of such Confidential Information, at owner’s cost, if the owner wishes to obtain a protective order or otherwise protect the confidentiality of such Confidential Information.

13.8 Neither party will disclose to the other party any confidential information of a third party without such third party’s consent.

13.9 Each party acknowledges that any breach of any provision of this Section by it, or by its personnel, will cause immediate and irreparable injury to the non-breaching party, and in the event of such breach, the injured party will be entitled to seek injunctive relief in addition to any and all other remedies available at law or equity.

13.10 Unless a party is expressly authorized by this Agreement to retain the other party’s Confidential Information, such party will promptly return or destroy, at the other party’s option, the other party’s Confidential Information, and any notes, reports or other information incorporating or derived from such Confidential Information, and all copies thereof, within seven (7) calendar days of the other party’s written request, and will confirm to the other party that it no longer has in its possession or under its control any Confidential Information in any form, or any copy thereof. Despite the immediately preceding sentence, each party may retain Confidential Information of the other for legal and regulatory compliance purposes.

14.0 Insurance and Liability

14.1 Unless otherwise agreed in writing, the Engineer will carry professional liability insurance covering the services described in the agreement and the insurance policy is to provide coverage for an amount not less than $2,000,000. Coverage will be maintained continuously from the commencement of the Services until completion or termination of the Services and, subject to availability at reasonable cost, for two (2) years after the later of: (a) termination of the Services or (b) Substantial Completion.

14.2 Halifax Water may choose to increase the amount of the coverage of the Engineer's professional liability insurance above that provided in Section 14.1 so as to obtain


additional insurance that is specific to the Project. The Engineer will cooperate with Halifax Water to obtain such additional insurance, at Halifax Water's expense.

14.3 The Engineer, by way of written contract, shall require each of its Sub-Consultants to provide, maintain, and pay for the insurances equivalent in scope and terms to those required of the Engineer.

14.4 Where the Project involves construction, Halifax Water shall provide or arrange for liability (wrap-up) insurance and property (broad form/builder's risk) insurance satisfactory to Halifax Water, naming the Engineer thereunder as an additional insured, where possible.

14.5 The Engineer shall provide Halifax Water with certificates of insurance to be provided by the Engineer or Sub-Consultants forthwith upon execution of this Engineering Agreement or the subcontract, as the case may be.

14.6 If the Engineer fails to provide, maintain or pay for insurances as required by this Part, Halifax Water shall have the right, but not the obligation, to provide, maintain and pay for such insurances and give evidence thereof to the Engineer, in which case the cost thereof shall, at the option of Halifax Water, be payable by the Engineer to Halifax Water on demand or Halifax Water may deduct such costs from monies which are then or thereafter become due and payable to the Engineer under this Agreement.

14.7 The Engineer shall indemnify and hold Halifax Water completely harmless against all liability and expenses including solicitors' fees incurred by Halifax Water arising from the Engineer's negligence in the performance of its obligations under this Engineering Agreement to the Engineer's performance or non-performance of the Services. This indemnity shall survive the expiration or earlier termination of this Agreement.

15.0 Dispute Resolution

15.1 The parties will make reasonable efforts to resolve disputes arising under this Engineering Agreement by amicable negotiations and agree to provide, on a without prejudice basis, frank, candid and timely disclosure of relevant facts, information and documents to facilitate these negotiations.

15.2 If the parties have been unable to resolve a dispute by negotiation, either party may notify the other party that it wishes the dispute to be resolved by mediation. If the parties are unable to agree upon the choice of mediator, either party may apply to the Supreme Court of Nova Scotia to appoint a mediator.

15.3 Should mediation not resolve a dispute, a party may refer the unresolved dispute to binding arbitration, to be conducted in Halifax, Nova Scotia.

15.4 Unless the parties otherwise agree, any mediation or arbitration under this Engineering Agreement will be conducted in accordance with the latest edition of CCDC 40 - Rules for Mediation and Arbitration of Construction Disputes, as applied to and compatible with this Engineering Agreement, save that arbitration will be limited to a single arbitrator.


15.5 Any endeavour to resolve disputes arising out of this Engineering Agreement by negotiation, mediation or other means of dispute resolution, including arbitration, will be conducted on a confidential basis.

Appendix 1 to Schedule B

APPENDIX 1 TO SCHEDULE B

Section 5, Contractor Health and Safety (and related forms) of Halifax Water’s Occupational Health & Safety Program Manual

OCCUPATIONAL HEALTH & SAFETY

PROGRAM MANUAL Section 5

Contractor Health & Safety Policy Rev: March 2016

Page 5.1

5.01 Purpose To promote the health and safety of both Halifax Regional Water Commission (Halifax Water) employees and contracted personnel at all times when conducting work on behalf of Halifax Water. This policy does not relieve employees or contracted personnel from adhering to the Occupational Health and Safety Act (OHSA). 5.02 Scope This procedure applies to all Halifax Water administered Work where the Contractor controls the Place of Work within the street right of way, public easement or Halifax Water property. 5.03 Definitions Corrective Action Plan (CAP) A specific plan developed to address a safety deficiency or

required improvement to a safe work practice. The plan should contain tasks or changes required to mitigate future risks, provide a timeline for implementation of the tasks and identify the responsible person.

Place of Work Specific Safety Plan Is a tool to identify all tasks that the Contractor will be

performing throughout the duration of the Work and shall include a hazard analysis for each task identifying the controls the Contractor will be putting in place to address the hazard. The Contractor Place of Work specific safety plan shall be kept up-to-date throughout the duration of the Work.

Near Miss Is an unplanned event that did not result in injury, illness,

or damage but had the potential to do so. Note in the context of the OHSA the Contractor is the “Constructor” 5.04 References Occupational Health & Safety Act of Nova Scotia (“OHSA”) Occupational Safety General Regulations




Page 5.2

5.05 Roles and Responsibilities

Owner The Owner is responsible to ensure the implementation of and adherence to this policy at all times, which includes monitoring the Work. Contractor Contractors must comply with this policy at all times and are responsible to ensure their employees, sub-contractors, suppliers and agencies comply with this policy at all times. Contractors must communicate all safety concerns and deficiencies to the Owner. A Corrective Action Plan (CAP) shall accompany the notification. 5.06 Implementation The Contractor must adhere to the following after securing the Contract with Halifax Water: Ongoing Compliance Throughout the duration of the Contract, the Contractor must immediately provide the Owner with copies of any regulatory inspections, such as:

• compliance orders; • notices of compliance; • directives; and/or • fines administered by any regulatory authority in connection with the Work

Place of Work-Specific Safety Plan Review A Contractor Place of Work Specific Safety Plan (see attached) shall be submitted to the Owner, prior to commencement of Work. The Contractor Place of Work Specific Safety Plan shall be reviewed with the Contractor at the Place of Work, before the Work commences. Accident/Near Miss Reporting and Safety Deficiencies Contractors must follow their own work safe procedures for incident/Near Miss reporting and inspections processes. Contractors must immediately report all incidents and Near Misses to the Owner. If a Contractor does not have a Near Miss program, the Owner’s Near Miss form may be used (see attached). If a Contractor is given notice of a safety deficiency, the Contractor must comply with the Safety Deficiency Notice for Contractors (see attached) and correct deficiencies as immediately.




Page 5.3

Work within Halifax Water Facilities When Work is to occur within facilities operated by Halifax Water, the following forms are to be completed by the owner and Contractor:

• Halifax Water Safe Work Permit • Contractor Orientation Sign-Off

5.07 Forms Place of Work-Specific Safety Plan Near Miss Reporting Form Safety Deficiency Notice for Contractors Halifax Water Safe Work Permit Contractor Orientation Sign-Off

PLACE OF WORK SPECIFIC SAFETY PLAN SECTION 1- GENERAL INFORMATION: Date: ________________________________________________ Work: ________________________________________________ Scope: ________________________________________________ Owner: ________________________________________________ Signature Contractor: ________________________________________________ Contractor Representative: _____________________________________________ Signature

SECTION 2 – SITE HAZARD EVALUATION Excavations, Power Lines and Traffic Control *Note: All excavations must comply at all times with Part 14 of the Occupational Safety General Regulations

Check if

Complete

Excavations Method of Protection: Sloping Trench Sheild Approved Shoring Manufactured System Geotech Engineer’s Certificate

Have all buried utilities been located? Yes No Have all locate certificates been obtained? Yes No Is blasting required? Yes No Note: Blasting is not permitted in HRM without a valid permit. If no, go to Power Lines.

HRM Blasting Permit Obtained? Yes No Permit #: Date: Name of Blasting Contractor: Address: Name of Blaster in Charge: Blaster License, Class: Number:

All blasting activity must comply with the Blasting Safety Regulations Power Lines Has a Safe Clearance Report been obtained from NS Power? Yes No Copy Provided? Yes No Date of Clearance: Temporary Workplace Traffic Control Is the Contractor using his own TCP and Signers? Yes No Do they have current certificates? Yes No Has a Traffic Control plan been prepared? Yes No Is a sub-contracted service to be used? Yes No If no, go to Mobile Cranes. Name of Sub: Address: Note: Contractor will provide written verification that all sub contractors will have only certified personnel on the project and at least 1 will have a valid Emergency First Aid Certificate.

Mobile Cranes (Over 5 Tonnes) Contractor shall ensure any Mobile Crane use on a Halifax Water project has a valid Engineers Certificate of Inspection and a Licensed Operator.

SECTION 3 - INFORMATION RE: HAZARDOUS MATERIALS ON PROJECT

Owner to provide information on hazardous materials that the contractor can potentially come into contact within the performance of the contract.

Contractors shall provide MSDS sheets for all materials brought on site which require labeling. Inform affected Halifax Water personnel of noxious or hazardous materials to be brought on site by the contractor.

SECTION 4 – GENERAL HALIFAX WATER SAFETY RULES Check if Complete

Provide name of worker safety representative for crews between 5 to 19 employees: Provide contractor with facility map and general Halifax Water safety policy. Review foot protection requirements. (CSA safety shoes or boots required on Halifax Water administered projects)

Review head protection requirements (Hard hats are required at all time on Halifax Water administered projects).

Review vehicle use on Halifax Water property – maximum 15 kph speed limited. Contractor vehicles are permitted on Halifax Water property only for transportation of tools and materials for the work. Parking of construction and contractor vehicles, as directed, by Halifax Water personnel.

Review good housekeeping practices, disposal of construction materials, cardboard, and general refuse from Halifax Water property.

Contractors shall report all near misses and incidents to the Halifax Water employee in charge of the project .

Review drug and alcohol policy, reporting to work under the influence. Drugs and alcohol are prohibited.

It is prohibited to bring into Halifax Water or posses weapons as described in Provincial legislation. Tool box minutes shall be submitted with each progress payment request.

SECTION 5 – WORK PERMITS Confined Space Entry Does the contractor have a confined space entry procedure? Yes No Has the entry procedure been reviewed within the last year? Yes No Do all workers have valid training cards, within the past 2 years? Yes No

Hot Work Permit Review Review hot work procedures for welding, burning, and grinding. Total Energy Lock Out and Tag Out (LOTO) Review Is LOTO required? Yes No If no, go to Fall Protection. Review LOTO safety policy. Review process of locking out a device. Review process of tagging out a device. Fall Protection Is work from ladders, elevated working surfaces, or lifts required? Review legal requirements for fall protection while working from elevated work surfaces. Review legal requirements for fall protection while working from elevated lifts.

SECTION 6 – EMERGENCY PROCEDURES

Halifax Water Alarm System Review Review alarm and when it should be used (Halifax Water evacuation, fire, spill, release). Review emergency exit routes. Halifax Water Emergency Response Review Review how to contact ambulance, fire, and police. Provide contractor with primary project contact (Project Manager, Halifax Water Engineering/Construction rep., OHS Mgr.).

Review how to respond to a medical emergency (Project Manager, Halifax Water Engineering/Construction rep., OHS Mgr.).

SECTION 7 – TRAINING Review specific training required. Review verification of training.

Near Miss Reporting Form

Reported To: Date: Reported By: Region/Dept: Description: Signature of Reporter:___________________________________ Corrective Actions: Signature of Supervisor:________________________________

**You can also report a near miss by sending an email to

[email protected]**

Safety Deficiency Notice for Contractors

Objective: This form is to be used by the Owner to document Contractor safety deficiencies. A copy of this notice must be given to the Contractor immediately.

The Contractor must correct deficiencies immediately and return a copy of this report to the Owner within 48 hours of receipt. The Contractor must acknowledge corrective action to be taken immediately and preventative measures to be taken in the future to avoid repeat of the same incident or deficiency.

To: Date:

Date & Time of Safety Deficiency:

Location of Safety Deficiency:

Description of Safety Deficiency (include who observed safety deficiency):

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Work Stop Ordered (circle one)? Yes No Contractor Reply (Corrective Action Plan):

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Sign Off: _____________________________ __________________________ ___________________ Owner Signature Date _____________________________ __________________________ ___________________ Contractor/Representative Signature Date

Halifax Water

Safe Work Permit

THIS PERMIT IS ONLY VALID IF ALL SECTIONS ARE COMPLETED AND ACKNOWLEDGED

NO WORK IS ALLOWED EXCEPT THAT SHOWN ON THIS PERMIT

Date of Issue: _____________________________ Date of Expiry: _____________________________ Time of Issue: _____________________________ Time of Expiry: _____________________________ Location of Work: ______________________________________________________________________ Description of Work: ____________________________________________________________________ Department / Company: _________________________________________________________________

SECTION A – HAZARDOUS MATERIALS (check one) YES NO N/A

1. Hazardous Materials in the Immediate Work Area: • Toxic ______________________________________________________ • Corrosive __________________________________________________ • Flammable _________________________________________________ • Other _____________________________________________________

If NO or N/A for all, continue to Section B

2. Cleaning and purging of equipment:

• Flushing with water • Inert gas purging • Air ventilation • Collection Drums/Trays

3. Is an adequate supply of fresh air assured? (Circle one) YES NO SECTION B – LOCK OUT / TAG OUT N/A 1. Lock Out / Tag Out Equipment Isolation:

Has equipment been isolated and de-energized adequately by: • Electrical switch lock out and necessary tags installed • Documented in the lockout log at the power supply • Blanking and blocking off

• Shutting, locking, and tagging appropriate valves • Disconnection • Draining and/or venting

SECTION C – HOT WORKS N/A 1. Is any of the following required?

• Burning / Welding / Cutting • Grinding / Sandblasting

2. Fire Protection Measures: • Fire extinguishers • Watchperson • Other

3. Are all combustible materials removed or made safe? 4. No flammable liquids, vapours, gases or dusts are present 5. Smoke/heat detectors are isolated/protected 6. Fire alarm/monitoring equipment temporarily disabled and monitoring company informed

SECTION D – CONFINED SPACE ENTRY N/A (Requires separate confined space entry permit) 1. Has the confined space entry permit been reviewed and signed off? 2. Has the permit been displayed at point of entry? 3. Has the confined space been prepared for safe entry? 4. Have all persons concerned been briefed on emergency procedures?

SECTION E – AGREEMENT AGREEMENT: I have checked both the permit and the job. I understand the nature and extent of the work and the precautions to be followed in completing the work. All safety work permits must be discussed and signed by both the issuers and receivers BEFORE work is started and AFTER work is complete. This permit must be displayed on the appropriate board BEFORE any works are undertaken. Issuer (print): ____________________________ Issuer (signature): _______________________________ Job Title: _____________________ Receiver (print) __________________________ Receiver (signature): _____________________________ Company: ________________________________________________ SECTION F – AGREEMENT Job Completed and/or the Work Site Clean, Safe, and Secure

To be filled out if job is longer than one day: Issue Date Start Time Finish Time Issuer’s Signature Receiver’s Signature Site Clean and Safe

NEXT SECTION TO BE COMPLETED WHEN JOB IS COMPLETED

Job completed? (circle one) YES NO Signature of Issuer: ____________________________________ Time: _______________ Signature of Receiver: __________________________________ Time: _______________

Is job site in safe and satisfactory condition? (circle one) YES NO Signature of Issuer: _______________________________________ DATE: ______________________________ Signature of Receiver: _____________________________________

Halifax Water Facilities and Halifax Water Controlled Work Sites

Contractor Safety Orientation Sign-Off

Objective: A Halifax Water Supervisor or Employee must review safety orientation issues with all Contractors in Halifax Water controlled facilities or work sites in order to ensure the Contractor has the information necessary to ensure the health and safety of workers in the facility or work site. This will be done prior to work commencement and when the information on this form changes.

This form will be kept on file at the facility or in the project file for a period of not less than 2 years.

Contractors and visitors who are accompanied by Halifax Water staff while they are in a Halifax Water facility or work site are not required to undergo the orientation.

Acknowledgment: I, the undersigned, acknowledge that I have received a Safety Awareness Orientation __________________________________. Information covered in the orientation is indicated by checking the boxes below:

□ Communication of known hazards

□ Location of sanitary facilities.

□ Response and rally point in the event of an evacuation or fire alarm.

□ Restricted and non-restricted access areas in the building.

□ General security awareness.

□ Required personal protective equipment.

□ Appropriate disposal of solid and liquid waste.

□ Location of safety facilities, such as fire extinguishers, showers, eyewash stations, etc.

Safe Work Permit Required? Yes No Sign-Off:

_________________________________ ______________________________ Name Signature

_________________________________ ______________________________

Company Date

_________________________________ ______________________________ Supervisor or Designate Date

K:\Forms and Templates\Engineering\6 - Tender Phase\Tender Document\Health and Safety\Section 5 - Contractor Orientation Sign Off.docm

Schedule C – Engineer’s Scope of Services

SCHEDULE C ENGINEER'S SCOPE OF SERVICES

[NTD: To align with RFP – Insert sections 3 (Scope of Work) and 4 (Proponent Activities and Deliverables) from RFP here]

Schedule D – Fees and Reimbursable Expenses

SCHEDULE D FEES AND REIMBURSABLE EXPENSES

[NTD: To align with RFP – Insert table from RFP Section 5.1.2.1 and completed by proponent here]

Schedule E – Engineer’s Proposal

SCHEDULE E ENGINEER'S PROPOSAL

[NTD: Append as Schedule E the Engineer's Proposal exclusive of general corporate promotional information.]


Page No. 36


APPENDIX C

PROCESS FOR OBTAINING

POLICE RECORD CHECK FOR CONTRACTORS/CONSULTANTS

1. All contractors, consultants and their employees working for Halifax Water must obtain a “Police Record

Check” (PRC). Questions about this process may be directed to [email protected].

2. It is the responsibility of the Halifax Water staff member that engages a contractor/consultant to ensure

that a PRC is conducted.

3. To obtain a PRC, contractors or consultants will follow one of the approaches below:

a) Online using “Backcheck” (Preferred Approach):

i. Go online to http://backcheck.net/hrwc/ and create a personal account with

mybackcheck.

ii. The contractor or consultant must verify their identification by:

verifying their ID either online by answering a questions regarding their credit

history; or,

in person at any of the 5000 participating Canada Post locations nationwide.

iii. Once identification is verified, the Police will complete the PRC.

iv. The individual will receive an email indicating the results are in. They must login to

their mybackcheck account and choose to “Share” the results with Halifax Regional

Water Commission, indicating:

the organization that employs them;

the Halifax Water Project Manager

the name of the project to which the PRC relates.

b) Alternate paper-based approach (Not Preferred):

i. The contractor or consultant must book an appointment to visit their local Police

Department to request a PRC.

ii. Once completed, the result of the PRC should be sent via mail to the address below

indicating:

the organization that employs them;

the Halifax Water Project Manager; and,

the name of the project to which the PRC relates.

Halifax Water

Safety & Security Dept.

PO Box 8388, RPO CSC

Halifax, NS B3K 5M1

c) An FBI record check is acceptable for residents of the United States.

4. The Safety & Security Department will notify the Halifax Water Project Manager who requested the PRC

whether the contractor/consultant has received clearance.


http://backcheck.net/hrwc/


Page No. 37


5. If a contractor/consultant requires Card Access to a Halifax Water facility(s) the Project Manager will

schedule an appointment with the Human Resources Department to have a Contractor Card created and

access granted, based on the contractors/consultant’s needs.

6. Certain contractors/consultants, depending on the work or services they are providing, may require a

fingerprint-based check. Halifax Water reserves the right to request fingerprints where applicable.

7. All contractors, consultants and their employees are required to renew their PRC every 3 years.