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Winter Maintenance for New Germany Wastewater Systems 2020-2023 TENDER 2020-01-006 Closing: October 5, 2020 2:00 PM Local Time Municipal Administration Building 201 Aberdeen Road, Bridgewater, NS

Winter Maintenance for New Germany Wastewater Systems …Winter Maintenance for New Germany Wastewater Systems 2020 -2023 Section 00 21 00 Tender 2020-01-006 September 10, 2020 Municipality

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Page 1: Winter Maintenance for New Germany Wastewater Systems …Winter Maintenance for New Germany Wastewater Systems 2020 -2023 Section 00 21 00 Tender 2020-01-006 September 10, 2020 Municipality

Winter Maintenance for New Germany Wastewater Systems 2020-2023

TENDER 2020-01-006

Closing:

October 5, 2020 2:00 PM Local Time

Municipal Administration Building 201 Aberdeen Road, Bridgewater, NS

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Winter Maintenance for Various Wastewater Systems 2020-2023 Municipality of the District of Lunenburg September 10, 2020 Tender 2020-01-005

THESE PROJECT DOCUMENTS HAVE BEEN PREPARED FOR USE WITH AND REQUIRE BEING READ IN CONJUCTION WITH THE STANDARD SPECIFICATION FOR MUNICIPAL SERVICES AS

PUBLISHED BY THE NOVA SCOTIA ROAD BUILDERS ASSOCIATION – NOVA SCOTIA CONSULTING ENGINEER ASSOCIATION JOINT COMMITTEE ON CONTRACT DOCUMENTS. COPIES OF THE STANDARD SPECICIFIATIONS ARE AVAILABLE FROM THE JOINT COMMITTEE ON CONTRACT

DOCUMENTS, 18 LAURIER STREET, DARTMOUTH, NOVA SCOTIA, B3A 2G7, PHONE (902) 430-2534, (902) 233-9362 OR EMAIL AT [email protected]

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Winter Maintenance for Various Wastewater Systems 2020-2023 Municipality of the District of Lunenburg September 10, 2020 Tender 2020-01-005

Table of Contents

SECTION

Information to Tenderers 00 21 00

Tender Form 00 41 43

Form of Agreement 00 53 43

Supplementary Specifications 00 73 00

Drawings:

a. New Germany Snow Removal

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Information to Tenderers

Winter Maintenance for New Germany Wastewater Systems 2020-2023 Location: Various areas within the Municipality of the District of Lunenburg, NS

1. New Germany Wastewater Treatment Plant, 23 Chesley Lane, New Germany, NS 2. New Germany Pump Stations:

a. Pump Station 1 – 4716 Highway 10, New Germany, NS b. Pump Station 2 – 4774 Highway 10, New Germany, NS c. Pump Station 3 – 44 Zwicker Mill Rd, New Germany, NS d. Pump Station 4 – 4751 Lower Branch Rd, New Germany, NS e. Pump Station 5 – 5380 Highway 10, New Germany, NS f. Pump Station 6 – 121 Highway 208, New Germany, NS

Owner: The Municipality of the District of Lunenburg 210 Aberdeen Road, Bridgewater, NS B4V 4G8 Engineer: Satu Peori, P.Eng. Manager of Wastewater Services Municipality of the District of Lunenburg 1. Tender Submission .1 Submit completed Tender Form for above project in sealed

envelope marked as follows: Tender 2020-01-006 Winter Maintenance for New Germany Wastewater Systems 2020-

2023 Closing up to 2:00 p.m., local time October 5, 2020 The Municipality of the District of Lunenburg Attention: Jennifer Harrietha, Administrative Assistant,

Engineering & Public Works Department 210 Aberdeen Road, Bridgewater, NS B4V 4G8 2. Post Tender Submission .1 Submit post-tender submission documents no later than two (2)

working days after tender closing. Failure to provide such documents may constitute grounds for forfeiture of tender security.

.2 Safety Certification:

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Information to Tenderers

.1 Submit copy of tenderer’s current and valid accreditation issued by Nova Scotia Workers’ Compensation Board or Certificate of Recognition (COR) issued by Construction Safety Nova Scotia.

.2 Out of province companies with a current and valid Certificate of Recognition (COR) from a Canadian Federation of Construction Safety Associations recognized safety association shall obtain and submit a Certificate of Recognition from Construction Safety Nova Scotia.

.3 Workers’ Compensation Board Clearance: .1 Submit a copy of Tenderer’s current valid clearance letter issued

by the Workers’ Compensation Board of Nova Scotia. .2 Out of province Tenderers must register with the Nova Scotia

Workers’ Compensation Board prior to being awarded a Contract.

.4 Submit a list of all subcontractors to be used in the Performance of the Work, including the intended portion of the Work to be completed by each subcontractor.

3. Tender Opening .1 Tenders will be opened on October 5, 2020 at 2 p.m. The

Municipality of the District of Lunenburg Administrative Office. Opening will be private.

4. Document Fee .1 No document fee is applicable. 5. Accuracy of Referencing .1 Indexing and cross-referencing are for convenience only. 6. Conditions of Tendering .1 Take full cognizance of content of all Contract Documents in

preparation of Tender. Refer to Section 00 41 43 – Tender Form, Subsection 3.9 for a complete list of Contract Documents.

.2 Complete Tender Form provided with Contract Documents in

‘blue’ ink. Tender all items and fill in all blanks. Have corrections initialed by person signing Tender. Failure to do so shall invalidate the Tender submission.

.3 All tenderers shall initial each page of the Contract Documents where indicated in the lower right-hand corner and submit with tender submission. Failure to do so may invalidate the tender submission.

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Information to Tenderers

7. Tenderers to Investigate .1 Tenderers will be deemed to have familiarized themselves with

existing site and working conditions and all other conditions which may affect performance of the Contract. No plea of ignorance of such conditions as a result of failure to make all necessary examinations shall be accepted as a basis for any claims for extra compensation or an extension of time.

8. Clarification and Addenda .1 Notify Engineer in written form not less than two (2) working days

before tender closing of omissions, errors or ambiguities found in Contract Documents. If Engineer considers that correction, explanation or interpretation is necessary, a written addendum will be issued. All addenda will form part of Contract Documents.

.2 Confirm in the tender form that all addenda have been received. .3 Tenderers are solely responsible to obtain and acknowledge the

receipt addenda at time of tender closing. 9. Preparation of Tender .1 Legibly complete tender form provided with the Project documents.

Tender all items and fill in all blanks. Have corrections initialed by person signing Tender.

10. Taxes .1 Include all taxes in unit rates except Harmonized Sales Tax (HST). 11. Tender Security .1 Tender security is not required. .2 If Tender Security is required, the Tenderer shall include Consent of

Surety with the Tender Security. 12. Contract Security .1 A performance bond, in the form of a banker’s letter of

irrevocable line of credit or certified cheque, in the amount of $5,000, payable to the Municipality of the District of Lunenburg, is required to be submitted within five (5) days of the award of the Tender.

2. The Contractor shall maintain this performance bond throughout the entire Contract period of November 1, 2020 to May 31, 2023.

13. Insurance .1 Refer to Section 00 72 45, General Conditions, subsection GC11.1 -

INSURANCE, for insurance required.

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Information to Tenderers

14. Form of Agreement .1 Form of Agreement is attached for information purposes only at

time of tender submission. 15. Return of Tender Security .1 Not applicable. 16. Amendment or .1 Tenders may be amended or withdrawn by post, e-mail or facsimile. Withdrawal of Tender .2 Amendment of individual unit prices is the only acceptable price

amendment. Amendments shall not disclose either original or revised total price.

.3 Head amendment or withdrawal as follows: "[Amendment]/

[Withdrawal] of Tender for Winter Maintenance for New Germany Wastewater Systems 2020-2023 Tender 2020-01-006. Sign as required for tender and submit at address given for receipt of tenders. In order to be considered, submissions shall be received prior to time of tender closing.

17. Offer, Acceptance, Rejection .1 The owner reserves the right to accept or reject any tender and to

cancel the tendering process and reject all tenders at any time prior to the award of Contract without incurring any liability to affected tenderers.

The Owner reserves the right to accept or reject any or all Tenders

including without limitation the lowest Tender, and to award the Contract to whomever the Owner in its sole and absolute discretion deems appropriate notwithstanding any custom of the trade nor anything contained in the Contract Documents herein. The Owner shall not, under any circumstances, be responsible for any costs incurred by the Tenderer in preparing of its Tender.

Without limiting the generality of the foregoing, the Owner reserves the right, in its sole and absolute discretion, to accept or reject any Tender which in the view of the Owner is incomplete in a non-substantial way, obscure, or irregular, which has erasures or corrections in the documents, which contains exceptions and variations, which omits one or more prices, which contains prices the Owner considers unbalanced, or which is accompanied by a

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Information to Tenderers

Bid Bond or Consent or Surety issued by a surety not acceptable to the Owner.

Criteria which may be used by the Owner in evaluating tenders and awarding the Contract are in the Owner’s sole and absolute discretion and, without limiting the generality of the foregoing, may include one or more of: price, total cost to Owner; best value; the amount of Nova Scotia content; the amount of Canadian content; reputation and references; past performance on owners projects; claims history of Tenderer; financial status of Tenderer; occupational health and safety record of Tenderer; qualifications and experience of the Tenderer and its personnel and subcontractors; quality of services and personnel proposed by the Tenderer; ability of the Tenderer to ensure continuous availability of qualified and experienced personnel; the Construction Schedule and Plan; the proposed Labour and Equipment; and the proposed Supervisory Staff.

Should the Owner not receive any tender satisfactory to the Owner in its sole and absolute discretion, the Owner reserves the right to re-tender the Project, or negotiate a contract for the whole or any part of the Project with anyone or more persons whatsoever, including one or more of the Tenderers.

The Owner shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any Tenderer prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the Owner of any Tender, or by reason of any delay in acceptance of a Tender, except as provided in the tender documents.

18. Geotechnical Information .1 Not applicable.

19. Site Investigation .1 With permission of the Owner, Tenderers may visit and examine the Site of the Works and subsurface conditions to

satisfy themselves of the conditions which may be encountered.

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Information to Tenderers

20. Safety .1 Submit with Tender, a copy of Tenderer's current and valid Letter of Good Standing for a Certificate of Recognition program as issued by Nova Scotia Construction Safety Association (NSCSA) or another occupation health and safety organization with a safety audit procedure recognized and approved by the Workers Compensation Board (WCB) of Nova Scotia.

.2 Out of province companies shall submit, with their Tender, a current

and valid Certificate of Recognition from their province of origin or from a recognized Safety Association which utilizes an external audit element.

.3 Out of province companies may obtain a Certificate of Recognition

from a WCB approved audit company upon submission of documentation verifying training and compliance with the NS OH&S Act and Regulations.

.4 In any event, out of province Tenderers shall satisfy a WCB approved

audit company in respect to their safety status prior to being awarded a contract.

.5 The Contractor and sub-contractors shall maintain their Certification

of Recognition during the course of the Contract. .6 The Contractor shall conduct on-site safety meetings on a weekly

basis at a minimum with all staff working on the project in attendance.

21. Clearance .1 Submit with Tender, a copy of Tenderer’s current valid Letter from Workers clearance letter, issued by the Workers Compensation Compensation Board Board of Nova Scotia. .2 The Contractor, and his subcontractors, shall maintain continuous

Worker’s Compensation coverage during the course of the Contract. The Owner reserves the right to demand proof of current premiums paid to the Worker’s Compensation Board of Nova Scotia from the Contractor and any of his subcontractors during the course of the Contract.

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Information to Tenderers

22. Work by Others .1 The Owner reserves the right to let separate contracts in connection with the project of which the Work is part or to do certain work, by his/her own forces.

.2 The Owner shall provide for the co-ordination of the Work of its own

forces and of other contractors with the Work of this Contract, where such co-ordination is not identified as the responsibility of this Contractor in these Tender Specifications.

23. Changes in Scope of .1 All changes in scope of the Work must be authorized in Work writing by the Owner to the Contractor prior to the change in the

Work proceeding. .2 Approved changes to the scope of the Work shall not remove the

responsibility of the Contractor to complete the Work, save for adjustments in the completion schedule for the revised Work.

.3 Adjustments in the Contract price and the Contract completion

schedule resulting from changes in the scope of the Work shall be mutually agreed to by the Owner and the Contractor.

24. Schedule of Work .1 The term of the contract shall be for the period of November 1, 2020

to May 31, 2023. .2 The Contractor will complete the portion of the Work so awarded

by the Owner, per the Tendered schedule, or as agreed to between the Owner and the Contractor prior to award.

.3 The Contractor will complete the Work on a regular basis before 8 a.m., including holidays and weekends, as required. Times other than these will be per agreement between the Owner and the Contractor.

.4 The minimum response time between the placement of call from the Owner, and the arrival at the site of the requested Work of the required Contractor labour and equipment will be 90 minutes. This will apply on 7 day per week, 24 hour basis through the Contract period.

25. Laws and Permits .1 The Laws of the Province of Nova Scotia shall govern the place of the

Work.

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Information to Tenderers

26. Limits of Liability .1 The Municipality shall not be liable for any costs, expenses, loss or

damage incurred, sustained or suffered by any bidder prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the Municipality of any Tender, or by reason of any delay in acceptance of a Tender, except as provided in the tender documents

27. Rejected Work .1 Defective work, equipment and service, whether the result of poor

workmanship, use of defective products or damage through carelessness or other act of omission of the Contractor, and whether incorporated in the scope of the Work or not, which has been rejected by the Owner as failing to conform to these Tender Specifications, shall be removed promptly and replaced or re-executed promptly in accordance with the Contract at the Contractor’s expense.

.2 Other contractor’s work destroyed or damaged by such removals or

replacements shall be made good promptly at the Contractor’s expense.

.3 If in the opinion of the Owner, it is not expedient to correct defective

work or equipment or service, or same not performed in accordance with these Tender Specifications, the Owner may deduct from the contract price the difference in value between the Work performed, and that called for in the Contract.

28. Units of Measure .1 Tenderers are to note that all dimensions on the drawings and in the

Specifications are in metric units unless otherwise stated or noted. .2 The Unit of Measurement for the actual quantities used to

determine payment and contract price shall be in accordance with Supplementary Specifications Section 01 22 00 – Measurement and Payment.

29. Submittals .1 Tenderers shall include the following documents in their Tender:

1. Completed and initialed Tender Form; 2. Initialed copy of Supplementary Specifications; 3. Completed Addenda, if any; 4. Proof of Insurance as per Section 13;

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Information to Tenderers

5. Certificate of Recognition as per Section 20; 6. Clearance Letter as per Section 21.

END

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Winter Maintenance for New Germany Wastewater Systems 2020-2023 SECTION 00 41 43 Tender 2020-01-006 September 10, 2020 Municipality of the District of Lunenburg Page 1 of 6

Tender Form

_____ Initial

1. SALUTATION: .1 To: The Municipality of the District of Lunenburg 210 Aberdeen Road, Bridgewater, NS B4V 4G8

.2 For: Tender 2020-01-006 Winter Maintenance for New Germany Wastewater Systems 2020-2023 Various Locations Within the Municipality of the District of Lunenburg

.3 From: 2. TENDERER DECLARES: .1 That this tender was made without collusion or fraud. .2 That the proposed work was carefully examined. .3 That the Tenderer was familiar with local conditions. .4 That Contract Documents and Addenda No. ___ to ___ inclusive were carefully examined. .5 That all the above were taken into consideration in preparation of this Tender. 3. TENDERER AGREES: .1 To enter into a contract to supply all labour, material and equipment and to do all work

necessary to construct the Work as described and specified herein for the unit prices stated in subsection 4 hereunder, Schedule of Quantities and Unit Prices.

.2 That the estimated Contract Price shall be the sum of the products of the tendered unit prices

multiplied by the estimated quantities in Subsection 4 hereunder excluding Harmonized Sales Tax (HST).

.3 That this Tender is valid for acceptance for 60 calendar days from Tender Closing. .4 That measurement and payment for items listed in subsection 4 hereunder shall be in

accordance with corresponding items in Section 01 22 00 Measurement and Payment.

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Tender Form

_____ Initial

.5 To submit evidence of ability and experience with tender within five (5) working days of

request including: experience in similar work, work currently under contract, senior supervisory staff available for the project, equipment available for use on the Work, and financial resources.

.6 To execute in triplicate the Form of Agreement and forward same together with the specified

contract security to the Owner within ten (10) working days of written notice of award. .7 That failure to provide post-tender submission documents or failure to enter into a formal

contract and provide specified insurance documents and contract security within time required will constitute grounds for forfeiture of tender security.

.8 That if tender security is forfeited, Owner will retain difference in money between amount of

tender and amount for which Owner legally contracts with another party to perform the Work and will refund balance, if any, to tenderer.

.9 That the Contract Documents include:

.1 Standard Specification for Municipal Services 2018 Edition.

.2 Section 00 21 00 Information to Tenderers

.3 Section 00 41 43 Tender Form

.4 Section 00 53 43 Form of Agreement

.5 Section 00 73 00 Supplementary Specifications

.6 Addenda as issued and as confirmed in subsection 2.4 of this section (if applicable)

.7 Drawings a. New Germany Snow Removal

.8 All documents and certificates required to be submitted with the Tender.

.10 That the Owner reserves the right to: reject all tenders or any tender; not necessarily accept the lowest tender; waive any irregularities, formalities, informalities or technicalities; and to accept or reject any offer whatsoever as considered by the owner to be in its best interest and/or any other reservations identified in the Information to Tenderers.

.11 The Owner reserves the right to evaluate all aspects of a Tender. The Owner reserves the

right to assess the Contractor’s and his Subcontractor’s capabilities to complete the work; to deliver a high-quality built project; to complete the project on time and within the budget; and to assess these and other relevant factors along with price in selecting the contractor and defining the overall cost of the project.

The information provided in section Supplementary Tender Information will be used in

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Tender Form

_____ Initial

making such evaluations. As such, the Contractor must provide complete and accurate Supplementary information. The Owner reserves the right to pursue leads arising from investigation of the supplementary information or request additional supplementary information from the contractor.

4. SCHEDULE OF QUANTITIES AND UNIT PRICES Note: Unit prices do not include HST. Quantities are an estimate of the possible number of occurrences and are not a guarantee of the quantity of work. New Germany WWTP

Item No.

Description Unit of Measure

Estimated Quantity/Yr

Unit Price 2020/2021

Unit Price 2021/2022

Unit Price 2022/2023

1 Salting, Manual1

Per Occurrence 7

2 Snow Plowing

Per Occurrence 30

3 Shovelling Walks

Per Occurrence 30

4 Sanding, Mechanical2

Per Occurrence 60

5 Snow Disposal

Per Hour 1

Sub-total

Total

1Manual salting of shoveled walks. 2Mechanical sanding of plowed areas.

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Tender Form

_____ Initial

New Germany Pump Stations 1,2, 3, 4, 5 and 6 (Price to include all pumping stations) Item No.

Description Unit of Measure

Estimated Quantity/Yr

Unit Price 2020/2021

Unit Price 2021/2022

Unit Price 2022/2023

1 Salting, Manual1

Per Occurence 7

2 Snow Plowing

Per Occurrence 15

3 Shovelling Walks

Per Occurrence 15

4 Sanding, Mechanical2

Per Occurrence 7

5 Snow Disposal

Per Hour 1

Sub-Total

Total

2Manual salting of shoveled walks. 3Mechanical sanding of the gravel road surface. ESTIMATED CONTRACT PRICE (EXCLUDING HST) $ ADD HARMONIZED SALES TAX (15%)* $ TOTAL PRICE $ TENDERER'S HST REGISTRATION NO. 5. COMPLETION TIME

.1 Tenderer agrees to supply winter maintenance from November 1, 2020 and May 31, 2023

.2 Failure by the Tenderer to install all items per this Tender within the time noted in Subsection 5.1, and to the satisfaction of the Owner, may result in the voiding of the Contract, but the right of the Owner to pursue the Tenderer for reinstatement for any losses and damages suffered by the Owner resulting from the incompletion of the contract shall survive.

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Tender Form

6. SIGNATURES* DATED THIS DAY OF , 20 . Name of Firm Tendering Witness Signature of Signing Officer Name and Title (Printed) Witness Signature of Signing Officer Name and Title (Printed) *NOTE: Tenders submitted by or on behalf of any Corporation must be signed in the name of such

Corporation by a duly authorized officer(s) or agent(s).

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Tender Form

END __________

7. TENDERER REFERENCES

.1 Tenderer is to note below details of recent similar projects completed or in progress.

___________________________________________________________________________ Project Date Amount

___________________________________________________________________________ Project Date Amount

___________________________________________________________________________ Project Date Amount

8. OTHER SUBMITTALS

Please check off: Completed and Initialed Tender Form _____ Initialed Supplementary Specifications _____ Completed Addenda _____ Proof of Insurance _____ Certificate of Recognition _____ Clearance Letter _____

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FORM OF AGREEMENT THIS AGREEMENT dated for reference the day of , 20__. BY AND BETWEEN:

THE MUNICIPALITY OF THE DISTRICT OF LUNENBURG hereinafter called the "Owner" and hereinafter called the "Contractor" The Owner and the Contractor agree as follows: ARTICLE A1 - THE WORK The Contractor shall: .1 Perform the Work required by the Contract Documents for Winter Maintenance for New Germany Wastewater Systems 2020-2023 Tender 2020-

01-006

located at various locations within Lunenburg County, NS

for which the Agreement has been signed by the parties, and for which

is acting as and is hereinafter called the “Engineer”

and

.2 do and fulfill everything indicated by this Agreement, and .3 perform the work from November 1, 2020 to May 31, 2023.

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FORM OF AGREEMENT ARTICLE A2 – AGREEMENTS AND AMENDMENTS The Contract supersedes all prior negotiations, representations or agreements, either written

or oral, relating in any manner to the work, including the bidding documents that are not expressly listed in Article A3 of the Agreement.

ARTICLE A3 - CONTRACT DOCUMENTS The following is an exact list of the Contract Documents referred to in subsection 1.1 of this

Agreement and as defined in subsection 6 of Section 00 71 00 DEFINITIONS. This list is subject to subsequent amendments in accordance with the provisions of the Contract Documents.

.1 Standard Specification for Municipal Services 2018 Edition. .2 Section 00 21 00 Information to Tenderers .3 Section 00 41 43 Tender Form .4 Section 00 53 43 Form of Agreement .5 Section 00 73 00 Supplementary Specifications .6 Addenda as issued and as confirmed in subsection 2.4 of this section (if

applicable) .7 Drawings

a. New Germany Snow Removal .8 All documents (Addendums) and certificates required to be submitted with

the Tender. ARTICLE A4 - CONTRACT PRICE .1 The estimated Contract Price is the sum of the products of the estimated quantities multiplied

by the appropriate Unit Prices in the Tender Form excluding the amount of Harmonized Sales Tax.

.2 The estimated Contract Price is $ . .3 All amounts shall be in Canadian funds.

.4 The amounts shall be subject to adjustment as provided in the Contract Documents.

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FORM OF AGREEMENT ARTICLE A5 - PAYMENT .1 The Owner shall pay the Contractor in Canadian funds for the performance of the

Contract. .2 The Owner shall make monthly payments on account to the Contractor for the Work

performed, as certified by the Engineer.

.3 The amount of the payment shall be calculated as follows:

.1 The quantity for each pay item on which actual work has been performed shall be measured.

.2 For each Unit Price item this quantity shall be multiplied by the applicable Unit Price as provided in the Tender Form.

.3 For each lump sum item, multiply the percent complete by the value of the lump sum item.

.4 The total value of work completed for the payment period shall be calculated by adding the total of the products for all pay items from 3.2 and 3.3 of this Article.

.5 The amount of the payment shall be determined by the total price of the completed work as stated in Section 00 41 43 Tender Form 4. Schedule of Quantities and Unit Prices.

.6 To the amount calculated above, the Harmonized Tax will be added. .4 Payment to the Contractor on account on or before thirty (30) calendar days shall be

made after receipt of the following: .1 Application for payment for Work approved by the Engineer; .2 A valid Clearance Letter from the Workers’ Compensation Board of Nova Scotia

for the Proponent and all sub-contractors used to perform the work; and, .3 A valid Letter of Good Standing for a Certificate of Recognition Program from

NSCA or equivalent for the Proponent and all sub-contractors used to perform the work.

.4 All relevant safety documentation, including Tool Box Minutes, hazard assessments, safe work procedures and associated clearance documentation in accordance with applicable Occupational Health and Safety Laws and Regulations for the province of Nova Scotia.

.5 Upon the issuance of the final certificate for payment, Work as certified by the Engineer, the Owner shall pay to the Contractor the balance of monies then due in accordance with the provision of Section 00 72 45 - General Conditions, subsection GC5.10 – FINAL PAYMENT.

.7 In the event of loss or damage occurring where payment becomes due under the

property and boiler insurance policies, payment shall be made to the Contractor in accordance with the provisions of Section 00 72 45 - General Conditions, subsection GC11.1 - INSURANCE.

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FORM OF AGREEMENT ARTICLE A6 - RECEIPT OF AND ADDRESSES FOR NOTICES .1 Notices in writing will be addressed to the recipient at the address set out below. .2 The delivery of a notice in writing will be by hand, by courier, by prepaid first-class mail, by

facsimile or e-mail during the transmission of which no indication of failure of receipt is communicated to the sender.

.3 A notice in writing delivered by one party in accordance with this Contract will be deemed to

have been received by the other party on the date of delivery if delivered by hand or courier, or if sent by mail it shall be deemed to have been received five (5) working days after the date on which it was mailed.

.4 A notice in writing sent by facsimile or e-mail shall be deemed to have been received on the

date of its transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours at the place of receipt on the date of its transmission, then it shall be deemed to have been received at the opening of business at the place of receipt on the first Working Day next following the transmission thereof.

.5 An address for a party may be changed by notice in writing setting out the new address

delivered to the other party in accordance with this Article. .1 The Owner at [Address of Owner] .2 The Contractor at [Address of Contractor] .3 The Engineer at [Address of Engineer]

ARTICLE A7 - QUANTITIES .1 The quantities shown in Section 00 41 43 Tender Form – Schedule of Quantities and

Unit Prices are estimated.

.2 Measurement for the actual quantities used to determine payments and Contract Price shall be in accordance with Section 01 22 00 – Measurement and Payment and Section 00 73 00 Supplementary Specifications.

ARTICLE A8 - SUCCESSION The aforesaid Contract Documents are to be read into and form part of the Agreement and the

whole shall constitute the Contract between the parties and subject to law and the provisions of the Contract Documents shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns.

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FORM OF AGREEMENT ARTICLE A9 - RIGHTS AND REMEDIES No action or failure to act by the Owner, Engineer, or Contractor shall constitute a waiver of

any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

ARTICLE A10 - TIME Time shall be construed as being of the essence of the Contract.

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FORM OF AGREEMENT In witness whereof, the parties hereto have executed this Agreement and by the hands of their duly authorized representatives. SIGNED AND DELIVERED In the presence of: OWNER Name of Owner WITNESS Signature Name and Title of Person Signing Signature Signature Name and Title of Person Signing Name and Title of Person Signing CONTRACTOR Name of Contractor WITNESS Signature Name and Title of Person Signing Signature Signature Name and Title of Person Signing Name and Title of Person Signing N.B. Where legal jurisdiction, local practice or Owner or Contractor requirements calls for (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or (b) the affixing of a corporate seal, this Agreement should be properly sealed. END

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Supplementary Specifications

Intent .1 Construct the Work of this Contract in accordance with the Standard

Municipal Specification for Municipal Services as developed and published by the Nova Scotia Road Builders Association and the Consulting Engineers of Nova Scotia Joint Committee on Contract Documents, except as modified herein.

.2 These Supplementary Specifications modify the specification sections to which they refer.

.3 The Supplementary Specifications take precedence over the

Standard Specification to which they refer.

SECTION 00 21 00 – INFORMATION TO TENDERERS Delete in its entirety and replace with new section in this document.

SECTION 00 41 43 – TENDER FORM Delete in its entirety and replace with new section in this document.

SECTION 00 41 44 – SUPPLEMENTARY TENDER INFORMATION Delete in its entirety [and replace with new section in this document.

SECTION 00 53 43 – FORM OF AGREEMENT Delete in its entirety and replace with new section in this document.

SECTION 00 71 00 – DEFINITIONS

1. Page 2, after definitions for Project, add new definitions for Project Documents as follows:

Project Documents Project Documents are those documents prepared to supplement the Standard Specifications for the Work on a specific Project. Where applicable, they consist of the Information for Tenderers, Tender Form, Form of Agreement, Supplementary Specifications, drawings and addenda.

2. Page 3, after definitions for Specifications, add new definitions for Standard Specification

as follows:

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Supplementary Specifications

Standard Specification The Standard Specifications consist of Definitions, General Conditions, Supplementary General Conditions, Measurement and Payment, General Requirements, other Technical Specifications and standard details developed by the Nova Scotia Road Builders Association and the Consulting Engineers of Nova Scotia Joint Committee on Contract Documents and published with the title of Standard Specifications for Municipal Services.

3. Page 3, after definitions for Supplemental Instruction, add new definitions for

Supplemental Specifications as follows:

Supplementary Specifications Supplementary Specifications are the specifications for a specific project which amend or add to the Standard Specifications.

4. Where the term “Consultant” is used throughout the General Conditions, revise to read

“Engineer”.

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Supplementary Specifications

SECTION 00 72 45 - GENERAL CONDITIONS OF THE CIVIL CONTRACT WORK

1. GC 1.1 CONTRACT DOCUMENTS

Not applicable

2. GC 3.9 LABOUR AND PRODUCTS

Add to Clause 3.9.2 the following:

Provided products shall comply with all relevant codes/standards (CSA, ULC, FM, ASTM, etc.) applicable to the product being supplied regardless of whether such code/standard is specifically referenced herein. Installation of products shall comply with good industry practice.

3. GC 3.11 SHOP DRAWINGS

To Clause 3.11.1 add the following:

“…or as requested by the Engineer.”

4. GC 5.4 BASIS OF PAYMENT FOR COST PLUS WORK

Delete clause 5.4.1 in its entirety and replace with the following:

5.4.1 Payment for cost plus work shall be based on the cost of such work, as provided in paragraph 5.4.2, plus a fee calculated as a percentage of the cost of such work, for the Contractor’s overhead and profit. The percentage amount shall be [10%] for work done by the Contractor’s own forces and [5%] for work done by subcontractors but shall not be applied to the cost of Construction Equipment when such cost is based on rates which already include the Contractor’s overhead and profit.

Rates for machinery and equipment for cost plus work shall be that published by the

Nova Scotia Department of Transportation and Infrastructure Renewal (NSTIR) in Manual 23 Entitled “Truck And Miscellaneous Equipment Rates.”

5. GC 5.5 APPLICATIONS FOR PROGRESS PAYMENT

Delete clause 5.5.2 in its entirety and replace with the following:

5.5.2 Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate to the amount of the Contract, of work performed at that date.

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6. GC 5.6 PROGRESS PAYMENT

Delete Clauses 5.6.2 in its entirety and replace with the following:

5.6.2 The Owner shall make payment to the Contractor on account as provided in ARTICLE A5 - PAYMENT in the Agreement no later than thirty (30) calendar days after the date of a certificate for payment issued by the Consultant.

7. GC 5.7 SUBSTANTIAL PERFORMANCE OF THE WORK

Not applicable.

8. GC 5.8 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK

Not applicable.

9. GC 5.10 FINAL PAYMENT

5.10.2 Replace “5 Working Days” with “15 Calendar Days”.

10. GC 6 CHANGES

Further to Section 00 71 00 Clause 21, add Clause 6.3b Supplemental Instructions as follows:

GC 6.3B SUPPLEMENTAL INSTRUCTIONS

6.3B Supplemental Instructions (SIs) are written instructions issued by the Engineer

for the purpose of recording clarifications or interpretations of the Contract Documents or giving direction resulting from field conditions. SIs are subject to the provisions of the Contract Document and unless stated in the SI and specifically co-authorized by the Client, shall not affect the terms and conditions of the Contract. Should the Contractor believe a change in the contract price or Time of Completion is required as a result of an SI, he shall submit to the Engineer within five (5) calendar days of the date of issuance of the Supplemental Instruction an itemized proposal but if SI work shall take place before the five days, the Contractor shall notify the Engineer that a price or time change is indicated at least three (3) calendar days before proceeding with the work. If the proposal is accepted by the Owner, the Supplemental Instruction shall be superseded by a Change Order.

11. GC 6.5 DELAYS

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Supplementary Specifications

Not applicable.

12. GC 6.7 QUANTITY VARIATION

Add Clause 6.7.6 as follows:

6.7.6 Should it be determined that a change in the Contract variation(s), the time extension shall not form the basis of a claim. The Contract unit price or re-negotiated unit price is deemed to be compensation in full for any changes in Contract time.

13. GC 10.1 TAXES AND DUTIES

Add Clause 10.1.3 and 10.1.4 as follows:

10.1.3 The Contractor shall indicate on each application for payment, as a separate amount, the appropriate Harmonized Sales Tax (HST) the Owner is legally obliged to pay. This amount shall be paid to the Contractor in addition to the amount certified for payment under the Contract.

10.1.4 The Owner may be applying for a refund of the tax paid on goods and services

qualifying for tax exemption. The Contractor shall provide all relevant documents to the Owner so as to enable the Owner to recover all applicable taxes. The Contractor shall assist the Owner in every way to complete these dealings in a reasonable period of time.

14. GC 10.2 LAWS, NOTICES, PERMITS AND FEES

10.2.2 Add the following:

.1 The acquisition or obtaining of easements in respect of the lands comprising the Site will be effected by the Owner. If the Contractor deems it advisable to acquire the right or rights to use, enjoy or occupy any additional or adjacent land or lands in order to facilitate the execution of the Work, he shall obtain such right or rights at his own expense and shall, at all times, indemnify and save harmless the Owner from any and all claims arising from the acquisition of such right or rights or the use, enjoyment or occupancy of such lands or land.

.2 No building or structure shall be constructed nor will any change in final

grade be permitted on municipal or provincial easements without prior approval of the easement holder.

Add Clauses 10.2.8 as follows:

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10.2.8 The Contractor shall schedule his work in accordance with permits issued and any stipulations contained therein. The Contractor shall notify the Owner and the Engineer of any restrictions placed on the work schedule by such permits. The Contractor shall notify the Engineer of any difficulty in obtaining permits and their impact on the schedule.

15. GC11.1 INSURANCE

Page 29, change $2,000,000 policy limits to $5,000,000 policy limits in Clauses 11.1.1.1, 11.1.1.2 and 11.1.1.3.

Page 29, change $2,500 deductible to $5,000 deductible in Clauses 11.1.1.1 and 11.1.1.4(1).

16. GC 11.2 CONTRACT SECURITY

Delete Subsection 11.2 in its entirety and replace with the following:

11.2.1 The Contractor shall provide to the Owner within fifteen (15) calendar days of acceptance of his Tender a Performance Bond and a Labour and Material Payment Bond each in the amount of 50% of the Estimated Contract Price, or alternatively, provide an unconditional irrevocable letter of credit for 15% of the Estimated Contract Price.

11.2.2 The bonds shall be issued by a duly licensed surety company authorized to transact

a business of suretyship in the Province of Nova Scotia and shall be maintained in good standing until the fulfillment of the Contract. The form of the bonds shall be in accordance with the latest edition of the CCDC approved bond forms.

11.2.3 The letter of credit shall be issued by a chartered Canadian Bank and shall be valid

until the fulfillment of the Contract.

11.2.4 The Labour and Materials Bond shall remain in place until Total Performance of the Work. The Performance Bond shall remain in place until the end of the Contract Warranty Period.

17. GC 12.1 INDEMNIFICATION

To Clause 12.1.1 add the following:

“The indemnification shall cover both the Federal and Provincial governments as funding agencies.” Change indemnification limits from $2,000,000 to $5,000,000, two places, in clause 12.1.2.

18. GC 12.3 WARRANTY

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Supplementary Specifications

Add the following:

12.3.7 The Contract requires an operational combination of several components

comprising the Work which are customarily guaranteed by their suppliers. Under the terms of this Contract, the Contractor shall provide a guarantee for the Works for a period of one (1) year following the date of continuous operation. The terms of the guarantee shall be as follows:

.1 Where failure or incipient failure of the material is apparent, the Contractor

shall actively commence repair or other remedy not more than twenty-four (24) hours after receiving due notice of trouble.

.2 If the Contractor on being notified does not for any reason commence repairs

within twenty-four (24) hours, the Owner shall have the right to have repairs made by others as necessary to restore or continue service. The cost of such repairs by others is to be borne by the Contractor. The Owner shall at all times inform or attempt to inform the Contractor before hiring others to effect any repairs and it shall be at all times the Contractor’s right to be informed as soon as possible of difficulties and proposed remedial action by others and to make or where practical to complete such repairs at any other time of the guarantee period in preference to others.

.3 The employment of some other person or persons for reasons set out shall in

no wise affect the Contractor’s obligations or liability hereunder or relieve him of the performance and fulfilment of any or all of his covenants, undertakings, obligations, or duties under the Contract.

.4 After the acceptance by the Engineer and during the guarantee period, the

burden of maintenance shall fall upon the Owner. In the event of damage, failure or incipient failure of any part or parts directly attributable to inadequate or improper maintenance, the Contractor shall be responsible for remedial action but the cost of all such repairs will be reimbursed by the Owner.

.5 If the Contractor arranges that the manufacturer of some component or some

other party approved by the Engineer provide the guarantee on a sub-contract basis, he may designate the direct implementer of the guarantee as his agent under the Contract in which case due notice to the agent will be taken as due notice to the Contractor. This will be a matter for Contractor’s convenience only and shall in no wise affect the Contractor’s obligations and liabilities hereunder or relieve him from the performance and fulfilment of any or all of his covenants, undertakings, or duties under this Contract.

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Supplementary Specifications

.6 In emergency situations the Owner reserves the right to make appropriate

repairs at the Contractor’s expense.

SECTION 01 10 00 – GENERAL REQUIREMENTS

2. SUMMARY OF WORK Add the following:

.1 This Tender is for the snow removal services, on a per occurrence basis at the following Municipal properties: 1. New Germany Wastewater Treatment Plant, 23 Chesley Lane, New Germany, NS 2. New Germany Pump Stations:

a. Pump Station 1 – 4716 Highway 10, New Germany, NS b. Pump Station 2 – 4774 Highway 10, New Germany, NS c. Pump Station 3 – 44 Zwicker Mill Rd, New Germany, NS d. Pump Station 4 – 4751 Lower Branch Rd, New Germany, NS e. Pump Station 5 – 5380 Highway 10, New Germany, NS f. Pump Station 6 – 121 Highway 208, New Germany, NS

.2 The Term of this Contract will be for the period beginning on January 1, 2018 and

ending on May 31, 2020. .3 The Work to be completed under this Contract includes the following:

.1 Reinstatement of any disturbed NSTIR infrastructure back to NSTIR standards and specifications.

.2 Supply and installation of all materials, services and labour required to complete project.

.3 Reinstate and restore all disturbed areas to original condition or better.

.4 Traffic control and management of a safe work site.

.5 Etc. .4 Salt will consist of highway grade granulated calcium chloride.

.5 A truck-mounted mechanical spreader, of an approved design and manufacturer, will

distribute salt evenly. The minimum even distribution of salt will be 0.5 pounds (dry weight - maximum 30% moisture) per 10 square feet. The equipment will carry appropriate safety markings, warning lights and back-up alarms to alert the public of salting operations. The Owner reserves the right to inspect and reject equipment that cannot consistently perform to this minimum distribution. It is the Contractor's responsibility to maintain equipment in a safe and proper operating manner.

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.6 The salt will be applied over the complete paved vehicle travel and parking areas at the buildings specified.

.7 Salting will be accomplished before 8:00 a.m. unless otherwise directed by the Owner,

inclusive of weekends and holidays.

.8 The Contractor will apply salt to the areas specified on a regular basis during times of freezing precipitation, after the plowing of snow and at other times as directed by the Owner.

.9 Salting, manual

1. The following specification applies for per occurrence manual (by hand) salting of access walk surfaces at the following Municipal properties at the locations shown on the attached drawings: a. New Germany Wastewater Treatment Plant, 23 Chesley Lane, New Germany, NS b. New Germany Pump Stations:

Pump Station 1 – 4716 Highway 10, New Germany, NS Pump Station 2 – 4774 Highway 10, New Germany, NS Pump Station 3 – 44 Zwicker Mill Rd, New Germany, NS Pump Station 4 – 4751 Lower Branch Rd, New Germany, NS Pump Station 5 – 5380 Highway 10, New Germany, NS Pump Station 6 – 121 Highway 208, New Germany, NS

2. Salt will consist of highway grade granulated calcium chloride.

3. Spreading of salt upon access walks will be done manually. Salt will be spread

evenly to an average distribution of 0.5 pounds (dry weight - maximum 30% moisture) per 10 square feet. Manual spreading of salt for access walk surfaces as specified will apply to the entire stair or step surface, where a hard impervious surface is encountered, but in any case, will be applied to a minimum width of three (3) feet.

4. Manual salting will be accomplished before 8:00 a.m. unless otherwise

directed by the Owner, inclusive of weekends and holidays.

5. The Contractor will manually salt the areas as specified on a regular basis during times of freezing precipitation, after the shovelling of snow and at other times as directed by the Owner.

.10 Snow Plowing

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Supplementary Specifications

1. The following specification applies for per occurrence snow plowing of paved and gravelled vehicle travel and parking surfaces at the following Municipal properties at the locations shown on the attached drawings:

1. New Germany Wastewater Treatment Plant, 23 Chesley Lane, New Germany, NS

2. New Germany Pump Stations: 3. Pump Station 1 – 4716 Highway 10, New Germany, NS 4. Pump Station 2 – 4774 Highway 10, New Germany, NS 5. Pump Station 3 – 44 Zwicker Mill Rd, New Germany, NS 6. Pump Station 4 – 4751 Lower Branch Rd, New Germany, NS 7. Pump Station 5 – 5380 Highway 10, New Germany, NS 8. Pump Station 6 – 121 Highway 208, New Germany, NS

2. Snow plowing will be accomplished by a truck or front-end loader mounted with a reversible plow of approximate 10-foot mouldboard and a wing plow of appropriate length. Both plows will be capable of being hydraulically lifted and lowered in place, and will be of sufficient strength and construction to withstand the force of impact of pushing away snow and ice. Plows will be fitted with appropriate plow shoes that will prevent the gouging of paved and gravelled surfaces. The equipment will carry appropriate safety markings, warning lights and back-up alarms to alert the public of plow operation. The Owner reserves the right to inspect and reject equipment that does not meet these minimum requirements. It is the Contractor's responsibility to maintain equipment in a safe and proper operating manner.

3. Snow plowing will be applied over the complete paved and gravelled vehicle

travel and parking areas at the buildings specified. Plowed snow and ice will be pushed to snow piling areas as designated by the Owner.

4. Snow plowing will be accomplished before 8:00 a.m. unless otherwise directed

by the Owner, inclusive of weekends and holidays. 5. The Contractor will plow snow at the areas of the buildings specified on a

regular basis during times where average snow accumulation is greater than two (2) inches per snowfall event, and at other times as directed by the Owner. Snow plowed areas will be salted immediately following the snow plowing per the requirements.

.11 Shovelling Walks

1. The following specification applies for per occurrence manual (by hand) shovelling of access walk surfaces following Municipal properties:

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Supplementary Specifications

a. New Germany Wastewater Treatment Plant, 23 Chesley Lane, New Germany, NS b. New Germany Pump Stations:

Pump Station 1 – 4716 Highway 10, New Germany, NS Pump Station 2 – 4774 Highway 10, New Germany, NS Pump Station 3 – 44 Zwicker Mill Rd, New Germany, NS Pump Station 4 – 4751 Lower Branch Rd, New Germany, NS Pump Station 5 – 5380 Highway 10, New Germany, NS Pump Station 6 – 121 Highway 208, New Germany, NS

2. Manual shovelling of snow and ice for access walk surfaces as specified will

apply to the entire stair or step surface, where a hard impervious surface is encountered, or where a gravelled surface exists, to a minimum width of three (3) feet. Snow and ice will be placed away from the access walk so as not to obstruct clear passage through the access.

3. Shovelling will be accomplished before 8:00 a.m. unless otherwise directed by

the Owner, inclusive of weekends and holidays.

4. The Contractor will manually shovel the areas as specified on a regular basis during times where average snow accumulation is greater than two (2) inches per snowfall event, and at other times as directed by the Owner. Shovelled areas will be salted immediately following shovelling per requirements.

.12 Sanding, mechanical

1. The following specification applies for per occurrence sanding of vehicle travel

and parking surfaces at the:

1. New Germany Wastewater Treatment Plant, 23 Chesley Lane, New Germany, NS

2. New Germany Pump Stations: 3. Pump Station 1 – 4716 Highway 10, New Germany, NS 4. Pump Station 2 – 4774 Highway 10, New Germany, NS 5. Pump Station 3 – 44 Zwicker Mill Rd, New Germany, NS 6. Pump Station 4 – 4751 Lower Branch Rd, New Germany, NS 7. Pump Station 5 – 5380 Highway 10, New Germany, NS 8. Pump Station 6 – 121 Highway 208, New Germany, NS

2. Sand material will conform to the following gradation: 1. 6.3 mm sieve - 100% passing, 2. 2.0 mm sieve - 96% passing, 3. 0.2 mm sieve - 5% passing.

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3. Sand will include highway grade calcium chloride salt to a maximum of 10%

total dry weight of sand mixture applied. 4. A truck-mounted mechanical spreader, of an approved design and

manufacturer, will distribute salt evenly. The minimum even distribution of sand will be 1.5 pounds (dry weight - maximum 30% moisture) per 10 square feet. The equipment will carry appropriate safety markings, warning lights and back-up alarms to alert the public of sanding operations. The Owner reserves the right to inspect and reject equipment that cannot consistently perform to this minimum distribution. It is the Contractor's responsibility to maintain equipment in a safe and proper operating manner.

5. The sand will be applied over the complete gravelled vehicle travel and parking

areas specified. 6. The Contractor shall be responsible for the removal of any frozen clumps of

sand deposited within the travelled surface. 7. Sanding will be accomplished before 8:00 a.m. unless otherwise directed by

the Owner, inclusive of weekends and holidays.

8. The Contractor will apply sand to the areas specified on a regular basis during times of freezing precipitation, after the plowing of snow and at other times as directed by the Owner.

.13 Snow disposal

1. The following specification applies for per occurrence loading, hauling and

disposal of accumulated snow and ice for the following Municipal Properties: a. New Germany Wastewater Treatment Plant, 23 Chesley Lane, New

Germany, NS b. New Germany Pump Stations:

Pump Station 1 – 4716 Highway 10, New Germany, NS Pump Station 2 – 4774 Highway 10, New Germany, NS Pump Station 3 – 44 Zwicker Mill Rd, New Germany, NS Pump Station 4 – 4751 Lower Branch Rd, New Germany, NS Pump Station 5 – 5380 Highway 10, New Germany, NS Pump Station 6 – 121 Highway 208, New Germany, NS

2. Snow and ice loading, hauling and disposal will be accomplished by trucks and

front-end loaders each of a capacity suitable for an efficient operation. The equipment will carry appropriate safety markings, warning lights and back-up

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Supplementary Specifications

alarms to alert the public of plow operation. The Owner reserves the right to inspect and reject equipment that does not meet these minimum requirements. It is the Contractor's responsibility to maintain equipment in a safe and proper operating manner.

3. The Contractor will load, haul and dispose of accumulated snow and ice from

the buildings as specified only as called upon and directed by the Owner. The designated snow disposal area will be the Lunenburg Regional Community Recycling Centre, located at 908 Mullock Rd, Whynott’s Settlement. The Contractor may dispose of the accumulated snow and ice at an alternative area, as long as it is mutually agreed upon by both the Contractor and the Owner prior to disposal and there are no additional costs to the Owner. Disposal of snow will include cost for hauling removed snow and ice from specified buildings to designated snow disposal areas.

.14 Locked access

1. Where snow removal services require Contractor access to normally secured

areas, the Owner will provide the Contractor with one (1) copy of a key for each locked site. The Contractor will be responsible for returning the key upon completion of each snow removal season (May 31 of each year of the Contract). Loss of the key by the Contractor will result in changing the lock for each site, at the Contractor’s cost. The Contractor will promptly lock each secured area upon completion of each required snow removal service.

3. SCHEDULING AND COORDINATION Add the following:

.5 For each snow removal Work in this Specification, minimum response time between the placement of call from the Owner, and the arrival at the site of the requested Work of the required Contractor labour and equipment will be 90 minutes. This will apply on 7 day per week, 24 hour basis through the Contract period.

.6 If the Contractor fails to provide the required labour and equipment at the site

of the requested Work within 90 minutes, or cannot otherwise perform the Work to these Specifications, the Owner reserves the right to execute the Work via other forces, with no compensation to the Contractor. Any additional costs incurred by the Owner as a result of such action will result in a claim for such cost by the Owner against the Contractor.

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.7 Consistent failure by the Contractor to provide Work within the specified response time, or other failure to render the services of this Specification will give cause to the Owner to terminate this Contract, while not relinquishing any other rights of recovery from losses and damages suffered by the Owner due to the Contractor’s failure to provide service.

.8 The Contractor is to work closely with the community, homeowners, the

Owner and the Engineer to schedule and carry out the work so as to minimize disruption to the community. Contractor shall respect the surrounding area.

4. SETTING OUT THE WORK Delete Clause .2 in its entirety and replace with the following:

.2 The Contractor shall provide his own surveyor to layout and level the work and to ensure that the work takes place within rights-of-way and easements. Where it is evident that roads do not follow the right-of- way, the work shall be laid out in the actual right-of-way. In these instances, the Owner/Engineer shall indicate the alignment to be followed or shall provide a legal survey.

6. PROJECT MEETINGS Add the following:

.2 Allow for weekly meetings, or if the situation warrants, more frequent meetings, as called for by the Engineer.

.3 The Contractor’s Project Manager and Foreman shall attend site meetings, which may be on-site or at the Municipality’s offices. Sub-contractors shall allow for weekly meetings but may not attend the meetings at the discretion of the Engineer. These meetings are not to be co-ordination meetings between the General and Sub- contractors; such meetings shall be held separately from the Engineer’s meeting.

7. SUBMITTALS

7.3 Mix Design

.1 Submit mix designs for concrete, asphalt and seed materials as required in Supplementary Specifications.

Add sub-section 7.7 as follows: 7.7 Project Documentation

.1 Within fifteen (15) calendar days of award of the project, submit the following to the Engineer: .1 Contract Security as required in GC 11.2; .2 Insurance Documentation as required in GC 11.1;

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Supplementary Specifications

.3 Traffic control plan;

.5 Safety plan, including hazardous control plan.

9. QUALITY CONTROL Add the following Clauses to subsection 9:

.8 Provide assistance, labour, and materials as are normally required for examining, testing and measuring the quality, weight, or quantity of any material used and supply samples of material requested before incorporation into the Work.

.9 Include costs for providing assistance and samples for testing and of arranging tests in the Contract price.

.10 Defective work, equipment and service, whether the result of poor workmanship, use of defective products or damage through carelessness or other act of omission of the Contractor, and whether incorporated in the scope of the Work or not, which has been rejected by the Owner or Engineer as failing to conform to the Contract Documents, shall be removed promptly and replaced or re-executed promptly in accordance with the Contract at the Contractor’s expense.

.11 Other contractor’s work destroyed or damaged by such removals or replacements shall be made good promptly at the Contractor’s expense.

.12 If in the opinion of the Owner, it is not expedient to correct defective work or equipment or service, or same not performed in accordance with these Contract Documents, the Owner may deduct from the contract price the difference in value between the Work performed, and that called for in the Contract.

12. TRAFFIC CONTROL Add the following Clauses to Subsection 12:

.6 Submit to Owner a traffic management plan prior to commencing construction activities including provisions for traffic interruptions.

.7 Proceed with the Work in such a manner as to minimize traffic interruption. One lane of traffic shall be open at all times. Traffic flow shall only be disrupted for a maximum of 15 minutes or as approved by NS Transportation and Infrastructure Renewal.

.8 Maintain access to all properties.

.9 Contractor shall be responsible for the determination and placement of all appropriate signage in compliance with the Workplace Health and Safety Regulations regarding Temporary Workplace on Highways.

13. SUBSTITUTIONS Add the following Clause to Subsection 13:

.7 Contractor shall allow fifteen (15) working days for review of Substitutions meeting Subsection 13.2 by Engineer.

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Supplementary Specifications

Add the following Sections: 17. PHOTOGRAPHS

.1 Prior to commencement of the Works, the Engineer may arrange for photographs to be taken of the site and those properties adjacent to the site.

.2 The Contractor shall accompany the Engineer during the taking of photographs to make any comments on the conditions of the site or adjacent properties.

.3 Engineer shall retain photographs, together with a written report, on the condition of existing roads, sidewalks, trees, lawns, and adjacent properties as determined by mutual agreement between Contractor and Engineer as a record of existing conditions prior to the start of Work.

18. FLOTATION AND FLOODING

.1 Maintain the integrity of all ditches and culverts and flow paths encountered during the execution of the Work. Existing ditches, culverts or flow paths shall not be blocked, filled or prevented from providing proper drainage.

19. UTILITIES

.1 Contractor is responsible for obtaining permits from all utilities such as a Safe Clearance Report from NS Power for Work near utilities.

.2 The existence, location and elevation of underground utilities, utility poles, guy wires and signs are not guaranteed, and notwithstanding any provision in the Contract Documents, the Contractor shall be responsible for determining the location and elevation of all sewer, water or other mains, services or lines, streetlight, power or telephone conduits, or other such structures or utilities. The contractor shall coordinate and include in the contract price any required service supplied by any utility, company or provincial department.

.3 Unless designated for removal under this Contract, sustain in place and protect from damage any and all piping, conduits, cables and all other structures in the vicinity of the work, whether above or underground. Whenever construction approaches locations of buried services or structures, carefully excavate by hand, or similar means, to expose these buried services or structures without causing damage. Any utilities which cross an excavation must be properly supported or shored to maintain grade and prevent damage. Where trenching is to be done under existing utilities, such utilities shall be shored before excavation commences and shoring be left in place. Notify the owners of such utilities or services prior to excavation.

.4 Repair immediately all piping, conduits, cables and all other structures damaged by the Contractor’s operations. Provide a letter from the utility stating that any damage sustained during construction has been repaired to the utility company’s approval.

.5 Replace all warning signs as near as possible to their original location if relocation

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Supplementary Specifications

was necessary to complete the Work.

20. DAMAGE AND INJURY .1 Immediately inform the Engineer of any damage or injury to any persons, property,

services or materials. .2 Relocate survey markers and monuments disturbed or covered during construction

under the direction of a qualified provincial land surveyor. Include costs in Contract price.

.3 Any NSTIR or NS Power infrastructure that is moved or damaged, shall be reinstated to their specifications and standards.

21. HEALTH AND SAFETY

.1 Contractor shall be responsible for workplace safety for the scope of the Work, per the Nova Scotia Occupational Health and Safety Act, and its Regulations, and including the Owner’s Safety Program. A copy of the Owner’s Safety Program Manual is available upon request.

.2 All excavations shall be backfilled to surrounding ground level or barricaded and secured safely with the approval of the Engineer before the Contractor leaves the site each day.

.3 Contractor shall provide to the Owner prior to commencing Work, copies of Material Safety Data Sheets (MSDS) for all products employed in the scope of the Work in conformance with the Nova Scotia Regulations regarding the Workplace Hazardous Materials Information System (WHMIS).

.4 All Work shall be in conformance with the Nova Scotia Regulations regarding WHMIS and regulated materials requirements.

.5 The following shall accompany each application for payment: 1. A valid Letter of Good Standing for a Certificate of Recognition Program from

NSCA or equivalent; 2. A valid Clearance Letter from the WCB; 3. All relevant safety documentation, including Tool Box Minutes, hazard

assessments, safe work procedures and associated clearance documentation in accordance with applicable Occupational Health and Safety Laws and Regulations for the province of Nova Scotia.

END

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HOME
S-1-5-21-1390067357-2146799303-1417001333-2627
HIGHWAY 208
S-1-5-21-1390067357-2146799303-1417001333-2627
BUILDING
S-1-5-21-1390067357-2146799303-1417001333-2627
DRIVE WAY
S-1-5-21-1390067357-2146799303-1417001333-2627
ZWICKER MILL ROAD
S-1-5-21-1390067357-2146799303-1417001333-2627
GATE
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PANEL
S-1-5-21-1390067357-2146799303-1417001333-2627
BUILDING
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GATE
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DRIVE WAY
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CHESLEY LANE CIVIC #23
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PANEL
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NOTES
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NOTES:
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(1) SEE PROJECT SPEC: FOR MORE
S-1-5-21-1390067357-2146799303-1417001333-2627
DETAILS
S-1-5-21-1390067357-2146799303-1417001333-2627
(2) CONTRACTOR IS RESPONSIBLE FOR
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LOWER BRANCH ROAD
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VERIFYING ALL EXISTING DIMENSIONS
S-1-5-21-1390067357-2146799303-1417001333-2627
AND CONDITIONS PRIOR TO BEGINNING
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WORK
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FOR THE SUPPLY AND DELIVERY OF
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ALL EQUIPMENT AND MATERIALS
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HIGHWAY 10
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REQUIRED TO
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SIGNS
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CIVIC #4751
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Municipality of the District of Lunenburg 210 Aberdeen Road, Bridgewater Nova Scotia B4V 4G8 Phone: (902)-541-1325 Fax: (902)-527-1135
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SHEET DESCRIPTION
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DATE___________
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SNOW REMOVAL
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17/02/2016
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CHECKED________
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DWG. NO,________
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DWG SHEET______
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M.BOULANGER
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NTS
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