Procurement Services
450 Cowie Hill Rd.
P.O. Box 8388 RP0 CSC
Halifax, NS, B3K 5M1
Telephone: (902) 490-4998
REQUEST FOR PROPOSAL
#P34.2016
J.D. Kline Water Supply Plant - Raw Water
Pumping Station Optimization Study
Sealed bids submitted on the included bid form on a vendor identified envelope marked:
“RFP# P34.2016 – “J.D. Kline WSP - Raw Water Pumping Station Optimization Study”
Addressed to:
Halifax Water
Attn: Brent Hickman
Procurement Services
450 Cowie Hill Road,
P.O. Box 8388 RP0 CSC
Halifax, NS B3K 5M1
Will be received until 2:00 p.m. Atlantic Time, Thursday, January 26th, 2017 for the above
RFP as per the specifications and terms and conditions.
Check for changes to this request – Before submitting your bid, 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 bids in the manner and time
prescribed. Bids received after the date and time specified shall be rejected.
Electronic and facsimile bids are not accepted.
The lowest or any submission will not necessarily be accepted.
RFP Issue Date – December 16th, 2016
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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 RFP#P34.2016 –
J.D. Kline WSP – Raw Water Pumping Station Optimization Study required by 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 Tender. Additionally, the Proponent agrees that all its
bid documents and responses to the aforementioned Tender 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 tender acceptance.
ADDENDA No. ______________ to ______________ INCLUSIVE WERE CAREFULLY EXAMINED.*
DATED THIS
DAY OF
, 2017.
PROPONENT’S COMPANY NAME: _____________________________________________________________
ADDRESS:
_____________________________________________________________
_____________________________________________________________
CITY/ PROVINCE:
____________________________
POSTAL CODE: ________________
PHONE NO.:
______________________
EMAIL ADDRESS:
_____________________________________________________________
WEBSITE:
_____________________________________________________________
FAX NO.:
___________________________
CONTACT NAME (please print): _________________________________________________________________
TITLE (please print): ________________________________
PHONE NO.: _____________________
AUTHORIZED SIGNATURE: ________________________________________________
HST REGISTRATION NO: _________________________________________________
WCB COVERAGE:
YES
NO
*The Proponent shall list and initial all addenda issued and shall take them into consideration when preparing its bid
submission. A signed copy of each Addendum must be included with the bid submission. Failure to comply may be cause for
rejection of bid submission.
HALIFAX WATER RESERVES THE RIGHT TO REJECT ANY OR ALL SUBMISSIONS THE HIGHEST OR ANY SUBMISSION WILL NOT NECESSARILY BE
ACCEPTED.
This request for quotation will adhere to Halifax Water’s Standard Terms & Conditions. They can be found on our website at
http://www.halifax.ca/hrwc/Purchasing.php
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TABLE OF CONTENTS
1.0
INTRODUCTION .............................................................................................................. 5
2.0
BACKGROUND ................................................................................................................. 5
2.1
Background Information ........................................................................................... 5
2.2
Pre-Proposal Conference .......................................................................................... 7
3.0
SCOPE OF WORK ............................................................................................................ 8
4.0
LIFE CYCLE APPROACH .............................................................................................. 8
5.0
PROPONENT ACTIVITIES AND DELIVERABLES .................................................. 8
5.1
Project Administration / Management ...................................................................... 8
5.2
Collection of Background Information ..................................................................... 9
5.3
Upgrade Recommendations Report ........................................................................ 10
6.0
INFORMATION FOR PROPONENTS ........................................................................ 11
6.1
Proposal Submission ............................................................................................... 11
6.1.1 Technical Proposal ....................................................................................... 12
6.1.1.1 General ........................................................................................... 12
6.1.1.2 Project Understanding and Implementation Plan ........................... 12
6.1.1.3 Company Experience and Project Team Qualifications ................ 12
6.1.1.4 Project Management....................................................................... 14
6.1.1.5 Confidentiality ............................................................................... 14
6.1.1.6 Insurance ........................................................................................ 14
6.1.1.7 Acknowledgement.......................................................................... 14
6.1.1.8 Assumptions ................................................................................... 15
6.1.2 Financial Proposal........................................................................................ 15
6.1.2.1 Financial Proposal Form ................................................................ 15
6.1.2.2 Financial Proposal Form ................................................................ 16
6.1.3 One Response .............................................................................................. 16
6.1.4 Address for Submission ............................................................................... 16
6.1.5 Hard Copies ................................................................................................. 17
6.1.6 Late Submissions ......................................................................................... 17
6.1.7 Addendums to the Request for Proposal...................................................... 17
6.1.8 Request for Clarification .............................................................................. 17
6.1.9 Period of Submission Validity ..................................................................... 18
6.2
Proposal Evaluation ................................................................................................ 18
6.3
Selection Process .................................................................................................... 19
6.4
Award...................................................................................................................... 19
7.0
GENERAL INFORMATION ......................................................................................... 20
7.1
Proponent Responsible for Proposal / No Reliance on Halifax Water ................... 20
7.2
Rights of Halifax Water .......................................................................................... 20
7.3
No Liability ............................................................................................................. 21
7.4
Disclosure of Information and Communication Procedures ................................... 21
7.4.1 Disclosure by Halifax Water........................................................................ 21
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7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
7.13
7.14
7.15
7.16
7.17
7.4.2 Disclosure by the Proponent ........................................................................ 21
Costs and Expenses of the Proponent ..................................................................... 21
Clarification of Proposals ....................................................................................... 22
No Conflict of Interest ............................................................................................ 22
No Interest in Another Proponent ........................................................................... 22
Standard Form of Contract ..................................................................................... 22
Proponents to Ensure They Understand the Contract ............................................. 23
Waiver / No Reliance .............................................................................................. 23
False or Misleading Information............................................................................. 23
Compliance with Applicable Law .......................................................................... 23
Time to be of the Essence ....................................................................................... 23
Governing Law ....................................................................................................... 23
Confidentiality ........................................................................................................ 24
Police Record Check ............................................................................................... 24
APPENDIX A – Information Available for Reference
APPENDIX B – Engineering Agreement
APPENDIX C – Process for Obtaining a Police Record Check (PRC)
APPENDIX D – Pre-Proposal Conference – Confirmation of Attendance Form
APPENDIX E – ISO 14001 Environmental Management System (EMS)
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1.0
INTRODUCTION
The Halifax Regional Water Commission (Halifax Water) is soliciting proposals for the
provision of engineering consulting services to complete a thorough and holistic review
of the existing raw water pumping station, including raw water pumps, motors, motor
controls, operating methodologies, and electrical systems at the J.D. Kline Water Supply
Plant Raw Water Pumping Station. Halifax Water would like to explore the potential for
significant energy and operational cost savings through considering a more optimal
capacity design approach and/or the installation of newer technologies such as pumping
technologies, motors, variable speed drives, control systems and/or electrical systems.
2.0
BACKGROUND
2.1
Background Information
The J.D. Kline Water Supply Plant, which was commissioned in 1977, is a direct
filtration treatment facility that has a design capacity of 227 million litres per day
and a recent average production rate of 84 million litres per day. The facility has a
separate pumping station that is located on Pockwock Lake, approximately 1.3 km
(4,500 ft) from the treatment facility. Raw lake water is pumped from the lake at an
elevation of approximately 110 m (360 ft) up to the treatment facility at an
elevation of approximately 170 m (558 ft) through a 1.22 m (48 in) diameter prestressed concrete pressure pipe (PCPP) raw watermain.
Figure 1 - JD Kline WSP Pumping Station at Pockwock Lake
The pumping station has six vertical turbine pumps, originally manufactured by
Peerless Pumps. Specific details for each pump and motor are provided in Tables 1
and 2 below.
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Table 1 - Pump Details
Pump No.
Manufacturer
Size / Type
Rated Capacity
(USGPM / MLD)
(ft / m)
Rated
Speed
(RPM)
Rated
TDH
1
Peerless
18 / HH
8335 / 45.4
245 / 74.7
1730
2
Peerless
18 / MA
3000 / 16.4
250 / 76.2
1760
3
Peerless
18 / HH
8335 / 45.4
245 / 74.7
1785
4
Peerless
18 / HH
8335 / 45.4
245 / 76.2
1785
5
Peerless
18 / HH
8335 / 45.4
245 / 76.2
1785
6
Peerless
18 / HH
8335 / 45.4
245 / 74.7
1785
Table 2 - Motor Details
Manufacturer
Model No.
Rated
Voltage
Rated
FLA
Rated
Power
Rated
Speed
(VAC)
(Amps)
(Hp/kW)
(RPM)
US Motors
-
86.0
700/522
1775
US Motors
-
32.0
400/298
1785
Tamper
-
83.0
700/522
1781
4160
General Electric
5KV82303574501
86.8
700/522
1771
General Electric
5KV82303574501
86.8
700/522
1771
General Electric
5KV82303574501
86.8
700/522
1771
Control
Direct Start,
Constant Speed,
On/Off Control
While the original pumping configuration consisted of six (6) identical Peerless 700
Hp pumps, with pumps 1 and 2 equipped with variable speed drives, changes were
made to remove the original VSDs and install a smaller capacity no. 2 pump (250
Hp, 189.3 L/s). Each vertical turbine pump and motor has been overhauled on
approximately a six year cycle. Additionally, four of the six motors have been
replaced over the last ten years. Apart from this, the pumps, motor control centre
(MCC), control systems, electrical distribution systems, piping, valves, etc. have
remained essentially unchanged since they were originally installed.
The WSP and Pump Station were both originally designed to a firm capacity of 227
ML/day. Since that time, demand for potable water has not kept pace with the
original growth projections, and as such, actual water flows are significantly below
the originally anticipated output of the pumping station. For the period 2006 to
present day, average actual flows have been only 38.2% of the total design capacity
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of the WSP, while more recent data show the average has declined even further. See
Figure 2 for further details.
Figure 2 - Daily Flows - Actual vs. Capacity
2.2
Pre-Proposal Conference
Each Proponent must completely satisfy itself as to the exact nature and existing
conditions of the study requirements 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.
Proponents are welcome to attend a voluntary Pre-Proposal Conference to be held
at the J.D. Kline WSP Pumping Station, 1749 Pockwock Road, Upper Hammonds
Plains, NS on Thursday, January 12, 2017, at 10:30 AM. Following a brief
presentation there will be an opportunity to tour the JD Kline WSP Pump Station.
Halifax Water staff will be on hand to answer any questions about the project.
Note:
 Due to security requirements, Proponents are required to confirm their
attendance at the Pre-Proposal Conference at least 2 days in advance of
the conference using the “Pre-Proposal Conference – Confirmation of
Attendance Form” provided in Appendix D.
 Separate individual tours of the facility will NOT be granted.
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3.0
SCOPE OF WORK
The scope of work for this engineering assignment includes a review of the existing flow
and head requirements, pumps, motors, control systems, and electrical systems to
determine if the existing system is meeting the needs of the water treatment facility from
the perspectives of capacity, performance, operating costs and energy use. Develop
recommendations for improvements to the pumping systems, including but not limited to
pump upgrades, pump replacement, motor upgrades, control system upgrades, motor
control centre (MCC) and electrical system upgrades, and operational changes.
Completion of a final report, providing details of the investigation and all recommended
improvements. Conceptual designs, cost estimates and a life cycle cost analysis shall also
be provided for all recommended improvements versus the status quo situation.
4.0
LIFE CYCLE APPROACH
In addition to the direct 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 solution should provide the following:
(a) efficient operation and maintenance resulting in least cost O&M for items such as
labour, chemicals, and energy;
(b) minimal capital reinvestment during the life of the asset;
(c) a positive impact on the environment; and
(d) compliance with regulations.
5.0
PROPONENT ACTIVITIES AND DELIVERABLES
5.1
Project Administration / Management
The successful Proponent shall be responsible for all aspects of coordination and
project management and shall designate, in writing, a project manager. All
coordination of services between Halifax Water and the successful Proponent
shall be the responsibility of the respective project 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.
Major consultant activities include:
(a) Confirm client requirements and objectives at project outset;
(b) Initiate meetings;
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(c) Maintain all project documentation;
(d) Provide project updates (as per clause 5.4 of the Engineering Agreement)
to Halifax Water on a bi-weekly basis;
(e) Schedule, facilitate and document 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 (i.e.
scope, schedule & budget) and to review and update project management
plans;
(f) Identify & manage risks associated with the project;
(g) Proactive and thorough communication with Halifax Water throughout the
duration of the project;
(h) Manage overall project scope, schedule, budget & quality control;
(i) Ensure all project changes are discussed and approved by Halifax Water in
advance of proceeding with the work; and
(j) Prior to issuance of the Final Report, the consultant shall hold a workshop
with Halifax Water to review the options and/or deficiencies identified,
obtain feedback from staff, and rank options for priority of
implementation.
Key deliverables:
(a) All recorded information including project reports, project CD, templates,
surveys, calculations, sketches, plans, meeting minutes & correspondence;
(b) Regular written project updates outlining progress for the review period;
(c) At project outset, develop risk management plan including all mitigative
measures used to manage project risks; and
(d) Documentation of any project changes (scope, schedule, budget & quality
impacts) including correspondence reflecting Halifax Water’s approval
prior to proceeding with the proposed changes.
5.2
Collection of Background Information
The purpose of this task is to review all existing information, discuss operational
methodologies and technical issues, collect existing and historical technical,
operating, and maintenance data, and gather additional information as necessary
to complete a thorough analysis of the existing pumping station operation and
make recommendations for preferred upgrades that will potentially lead to
operational and maintenance cost savings in the future.
Major consultant activities include:
(a) Collect and review available background information (e.g. existing asbuilt drawings, existing equipment information, past reports, historical
operating data, energy bills, etc.);
(b) Review proposed work with Halifax Water staff to confirm existing
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documentation and to develop a full understanding of existing operational
characteristics and system limitations.
5.3
Upgrade Recommendations Report
The purpose of this task is to analyze the existing system and provide a report
which accurately summarizes the current situation, makes recommendations for
improvements to the existing systems, and includes conceptual designs, capital
cost estimates, and comparative life cycle costs analyses for all recommended
upgrades.
Prior to completing a final report the proponent will submit a draft report for
Halifax Water’s review and approval. The consultant will identify and comment
on any issues or opportunities arising from Halifax Water’s review and subject to
Halifax Water’s feedback and authorization complete the final report. Upon
approval of the draft report by Halifax Water, the consultant will be directed to
complete and submit the final optimization study.
Major activities for this component shall include:
(a) Based on the background information gathered and the historical
production at the facility, determine if the existing pumping regime meets
the needs of the water treatment facility and/or can be improved based on
the perspectives of functionality, operability, control, capital costs,
operating cost, energy use and mechanical and electrical energy
efficiency;
(b) Review the original pump data sheets and pump curves for each pump and
determine if they are operating at their original design point and/or best
efficiency point (BEP);
(c) Recommend changes to the pumping systems to:
i.
better align pump performance with the original operating
specifications;
ii. meet the existing flow requirements of the WSP;
iii. reduce energy use and overall/peak demand requirements;
iv.
reduce energy and demand costs; and
v.
improve the overall operating and energy efficiencies.
Recommendations should include technical and functional
descriptions, advantages/disadvantages, capital cost estimates,
operating cost estimates, information on energy efficiency and a
comparative life cycle cost analysis;
(d) Review the pump station MCC, electrical systems, pump motors and
control systems. Areas of focus may include, but are not limited to:
i.
capturing long term O&M cost savings, improved operating
performance, and improve safety;
ii. space availability within the pump station and how any
recommended upgrades would impact space and how they would
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be incorporated into the facility;
iii. incorporation of new and more readily available and cost effective
low voltage (i.e. 600V) motors and controls are feasible versus the
existing medium voltage (i.e. 4160V) equipment. As part of this
review, the existing 4160V and NSPI owned transformer would
also need to be considered, and any recommendations incorporated
into the life cycle cost analysis of any proposed upgrades;
iv.
review the application and use of Variable Frequency Drives
(VFD’s) for some or all of the raw water pumps at the pumping
station, making recommendations as necessary, and assessing
operational improvements and potential energy and cost savings;
v.
review the existing power factor correction systems, making
recommendations for improvements, if necessary, and taking into
consideration the possible use of VFD’s as noted above;
vi.
Provide recommendations for improvements to the pump control
systems and operating methodologies;
(e) Development of an operational model to simulate the results from
recommended changes using extended period hydraulic modeling coupled
with energy and cost calculations, thereby identifying any problem areas
and providing an estimate of expected cost and energy savings.
Key Deliverables:
(a) Five hard copies and a digital copy (PDF format) of the Draft Pumping
Station Optimization Study;
(b) Five hard copies and a digital copy (PDF Format) of the Final Pumping
Station Optimization Study. The final report will be prepared after a
review meeting with Halifax Water.
6.0
INFORMATION FOR PROPONENTS
6.1
Proposal Submission
The response to this RFP shall be submitted using the two-envelope system as
follows:
(a) The technical proposal shall include an unencrypted searchable PDF
electronic file, the hard copy original, bound and clearly marked
“original”, and six (6) 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;
(b) The financial proposal shall be submitted in a separate, sealed envelope
(one (1) copy only) and clearly labeled “FINANCIAL”.
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6.1.1
Technical Proposal
The Proposal shall include the following (6.1.1.1 to 6.1.1.8 inclusive) as a
minimum; failure to do so may be cause for rejection of the proposal.
6.1.1.1 General
Proponent shall provide the name of the firm, office address, telephone
number and facsimile number.
6.1.1.2 Project Understanding and Implementation Plan
The proposal shall include a section that clearly demonstrates that the
Proponent understands the assignment and the deliverables requested.
Note: Halifax Water does not want to see submissions that simply re-write
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 dates and key milestones (a Gantt chart in MS Project 2010
format is preferred). The 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).
6.1.1.3 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 and relevant project management
experience;
(b) A list of all other project personnel complete with resumes for key
personnel;
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(c) If applicable, 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) If applicable, 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 monthly basis
breakdown, the hours currently committed to other duties and the
hours proposed to be allocated to this project;
(g) A minimum of three (3) reference projects including the dates the
projects were completed, a description of the project scope, a
contact person and phone number from the owner of the project,
estimated and actual budgets, and a commentary on schedule
adherence and relevance of the Reference Project to the Proposed
Project. 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:
(a) Pumping system design and evaluation experience. Specifically,
experience in the assessment and evaluation of existing and
complex pumping systems for operating and energy efficiency
improvements, as well as the design, sizing and accurate prediction
of performance of new and/or newly upgraded multi-pump
systems;
(b) Electrical system design and evaluation experience. Specifically,
experience with evaluating an existing medium voltage electrical
power supply system for energy efficiency and motor/pump
operating improvements, including capacitance and back-up
generation capabilities, as well as the design of new and/or newly
upgraded electrical supply and control systems (e.g. VFD’s) to be
used in a multi-pump system;
(c) Comparative life cycle performance and cost analysis experience
of complex pump systems, pump control systems, and electrical
systems;
(d) Accurate capital cost estimation experience, with a track record for
complete and accurate analysis leading to successfully
implemented capital projects, preferably for complex pumping
systems.
The proposal must outline the personnel to be used for this assignment,
provide an explanation of the project personnel’s direct experience with
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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.
6.1.1.4 Project Management
The proposal shall include information to help Halifax Water understand
and 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 project cost management and the formal Change
Order process as it relates to changing conditions, owner requests,
and design errors and/or 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) Corporate and project approach to occupational health and safety.
6.1.1.5 Confidentiality
Submit confidentiality statement (See Section 6.16).
6.1.1.6 Insurance
Professional liability insurance shall be as per the Engineering Agreement.
6.1.1.7 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
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in the RFP.
6.1.1.8 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.
6.1.2
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 costs 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.
6.1.2.1 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.
The Proponent is to include in the Financial Proposal all future cost
increases including salary, sub-consultants, expenses, etc. for the
anticipated duration of this project.
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Proponent Name:
The fee for the project is broken-down as follows:
Item:
1.1
Project Administration / Management
$
1.2
Collection of Background Information
$
1.3
Upgrade Recommendations Report
$
Subtotal
$
Expenses
$
HST
$
Total Proposed Maximum Fee
$
Note: If this RFP process results in a contract award, the contracted fee
will be considered a maximum fee. The consultant will invoice based
upon the actual hours required to complete the work and quoted hourly
rates. The total invoiced is not to exceed the maximum fee. 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, air fares, overnight
accommodations, meals, etc.
6.1.2.2 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.
6.1.3
One Response
Proponents may not submit more than one proposal.
6.1.4
Address for Submission
The proposals shall be delivered in a sealed envelope marked “Request for
Proposals – J.D. Kline WSP – Raw Water Pumping Station Optimization
Study, P34.2016”, not later than 2:00 pm, Thursday, January 26th, 2017, to:
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Halifax Water
Attn: Brent Hickman
Procurement Services
450 Cowie Hill Road,
P.O. Box 8388 RP0 CSC
Halifax, NS B3K 5M1
Phone: (902) 490-4998
Fax: (902) 490-1583
Under no circumstance will proposals received after the submission
closing date be accepted.
6.1.5
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. Hard copies of
the original amendment documents must be forwarded to Halifax Water so
that they may be attached to the original hard copy of the proposal for
validity.
6.1.6
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.
6.1.7
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, Halifax Water may revise any provision or part of the RFP.
6.1.8
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:
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Halifax Water
Attn: Brent Hickman
Procurement Services
450 Cowie Hill Road,
P.O. Box 8388 RP0 CSC
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.
6.1.9
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.
6.2
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.
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Criteria
Weight
Score
Technical
Project Understanding and Implementation Plan
35%
Company Experience and Project Team Qualifications
40%
Project Management
10%
Financial
Total
15%
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. Those
Proponents who’s financial proposal is within the range of ± 100% of the average
fee shall receive a lineal prorated percentage 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 follows:
Proponent A, Fee = $30,000, receive 30% of points available for "Financial Criteria”
Proponent B, Fee = $70,000, receive 70% of points available for "Financial Criteria”
Proponent C, Fee = $100,000, receive 100% of points available for "Financial Criteria”
Proponent D, Fee = $130,000, receive 70% of points available for "Financial Criteria”
Proponent E, Fee = $170,000, receive 30% of points available for "Financial Criteria”
Proponent G, Fee P $200,000, receive 0% of points available for "Financial Criteria”
6.3
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.
6.4
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. All awards are subject to the approval of Senior Management
and the availability of funds. 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
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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.
7.0
GENERAL INFORMATION
7.1
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.
7.2
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;
(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;
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(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.
7.3
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.
7.4
Disclosure of Information and Communication Procedures
7.4.1
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.
7.4.2
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 or other public announcement pertaining to
details of its Proposal or the selection process without the prior approval
of Halifax Water.
7.5
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 resubmittals, potential meetings, tours and interviews, subsequent negotiations, or
any other cost incurred prior to the execution of the Agreement by Halifax Water
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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.
7.6
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.
7.7
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.
7.8
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.
7.9
Standard Form of Contract
The standard form of contract to be used shall be the Engineering Agreement
attached in Appendix B.
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7.10 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.
7.11 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.
7.12 False or Misleading Information
If there is any evidence of misleading or false information in any Proposal,
Halifax Water may reject that Proposal.
7.13 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.
7.14 Time to be of the Essence
Time shall be of the essence of this RFP and all Proposals.
7.15 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.
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7.16 Confidentiality
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.
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.
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.
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.
7.17 Police Record Check
All 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.
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APPENDIX A
Information Available For Reference
To assist with proposal preparation, the following additional information is available for viewing
(no copies permitted) at Halifax Water’s offices, 450 Cowie Hill Road, Halifax, Nova Scotia.
Please contact the Halifax Water appointed Project Manager indicated in 6.1.8 to arrange a time
to view the materials.
Report Title
JD Kline WSP Pump Station record drawings
(architectural, mechanical, structural, and electrical)
Proponent
Date
Halifax Water will provide information from its files to the selected Proponent. The selected
Proponent will be required to verify the information and also obtain additional information that
may be required to complete the project. This information shall be returned upon completion of
the project. The information available to the selected Proponent is as follows:

GIS extract of the project area in AutoCAD DXF format. AutoCAD to be in Halifax
Water’s current version.

SCADA Information and previous operational monitoring records

Work completed to date by Halifax Water staff including field notes, file notes and
correspondence, etc.
APPENDIX B
STANDARD FROM OF CONTRACT
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:
J.D. Kline WSP – Raw Water Pumping System Optimization Study
The scope of work for this engineering assignment includes a review of the existing flow and head
requirements, pumps, motors, control systems, and electrical systems to determine if the existing system
is meeting the needs of the water treatment facility from the perspectives of capacity, performance,
operating costs and energy use. Develop recommendations for improvements to the pumping systems,
including but not limited to pump upgrades, motor upgrades, control system upgrades, electrical system
upgrades, and operational changes. Complete a final report, providing details of the investigation and all
recommended improvements. Provide conceptual designs, cost estimates and a life cycle cost analysis as
appropriate for all recommended improvements versus the status quo situation.
1.2
Place of Work
The location of the Project (the "Place of Work") shall be primarily the J.D. Kline Water Supply Plant and
Pumping Station (for the data collection phase) located at 1749 Pockwock Road, Upper Hammonds
Plains, NS, and either the Proponent’s own offices or the Halifax Water Administrative offices located at
450 Cowie Hill Road, Halifax, NS.
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 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, sub-clause, or other subdivision is a reference to such Schedule to this Agreement or to such
Article, Section, subsection, clause, sub-clause, 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.
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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 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
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provision of this Agreement shall extend only to the party to whom such waiver is
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:
Jeff Knapp, P.Eng.
Manager, Energy Efficiency
Halifax Regional Water Commission
450 Cowie Hill Road
P.O. Box 8388, RPO CSC
Halifax, NS, Canada
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.
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
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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.
(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.
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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, email 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: Jeff Knapp, P.Eng.
(b)
Engineer
[●]
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. 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.
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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.
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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:
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HALIFAX REGIONAL WATER
COMMISSION
Per:
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[Title]
Per:
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[Title]
●[NTD: NAME OF ENGINEER]
Per:
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[Title]
Per:
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[Title]
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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.
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:
8.
(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.
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.
Schedule A – Definitions- 2016 Revisions
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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.
Schedule A – Definitions- 2016 Revisions
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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, Jeff Knapp, P.Eng., Manager, Energy Efficiency (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.
Schedule A – Definitions- 2016 Revisions
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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 A – Definitions- 2016 Revisions
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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.
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
Schedule B – General Conditions – 2016 Revisions
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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:
5.9
(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.
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;
Schedule B – General Conditions – 2016 Revisions
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5.10
(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.
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.
Schedule B – General Conditions – 2016 Revisions
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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
Water's representative becomes aware of any
Engineering Documents or in the Construction
promptly rectify at its own expense any such
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.
Schedule B – General Conditions – 2016 Revisions
as practicable after Halifax Water or Halifax
defects or deficiencies in the Services, the
Contract Documents, and the Engineer shall
defect or deficiency within the time period
5
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
Schedule B – General Conditions – 2016 Revisions
6
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:
8.4
(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.
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
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
Schedule B – General Conditions – 2016 Revisions
it
7
(d)
8.5
any specific qualifications stated in the certificate for payment.
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
Schedule B – General Conditions – 2016 Revisions
8
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.
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.
Schedule B – General Conditions – 2016 Revisions
9
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.
Schedule B – General Conditions – 2016 Revisions
10
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.
Schedule B – General Conditions – 2016 Revisions
11
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.
Schedule B – General Conditions – 2016 Revisions
12
APPENDIX 1 TO SCHEDULE B
Section 5, Contractor Health and Safety (and related forms)
of Halifax Water’s Occupational Health & Safety Program Manual
Appendix 1 to Schedule B
5.01
OCCUPATIONAL HEALTH & SAFETY
PROGRAM MANUAL
Section 5
Contractor Health & Safety Policy
Rev: March 2016
Page 5.1
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
5.05
OCCUPATIONAL HEALTH & SAFETY
PROGRAM MANUAL
Section 5
Contractor Health & Safety Policy
Rev: March 2016
Page 5.2
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.
OCCUPATIONAL HEALTH & SAFETY
PROGRAM MANUAL
Section 5
Contractor Health & Safety Policy
Rev: March 2016
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:
•
•
5.07
Halifax Water Safe Work Permit
Contractor Orientation Sign-Off
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
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.
Check if
Complete
SECTION 4 – GENERAL HALIFAX WATER SAFETY RULES
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.
Check if
Complete
Near Miss Reporting Form
Reported To:
Reported By:
Description:
Date:
Region/Dept:
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
Contractor Reply (Corrective Action Plan):
No
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
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)
1.
YES
NO
N/A
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:
•
•
•
•
3.
Flushing with water
Inert gas purging
Air ventilation
Collection Drums/Trays
Is an adequate supply of fresh air assured? (Circle one)
SECTION B – LOCK OUT / TAG OUT
1.
YES
N/A
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
SECTION C – HOT WORKS
1.
2.
3.
4.
5.
6.
•
Shutting, locking, and tagging appropriate valves
Disconnection
Draining and/or venting
Is any of the following required?
•
Burning / Welding / Cutting
•
Grinding / Sandblasting
Fire Protection Measures:
•
Fire extinguishers
•
Watchperson
•
Other
Are all combustible materials removed or made safe?
No flammable liquids, vapours, gases or dusts are present
Smoke/heat detectors are isolated/protected
Fire alarm/monitoring equipment temporarily disabled and monitoring company informed
(Requires separate confined space entry permit)
4.
•
•
N/A
SECTION D – CONFINED SPACE ENTRY
1.
2.
3.
NO
N/A
Has the confined space entry permit been reviewed and signed off?
Has the permit been displayed at point of entry?
Has the confined space been prepared for safe entry?
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
1.
SCOPE OF WORK
The scope of work for this engineering assignment includes a review of the existing flow
and head requirements, pumps, motors, control systems, and electrical systems to
determine if the existing system is meeting the needs of the water treatment facility from
the perspectives of capacity, performance, operating costs and energy use. Develop
recommendations for improvements to the pumping systems, including but not limited to
pump upgrades, motor upgrades, control system upgrades, electrical system upgrades,
and operational changes. Completion of a final report, providing details of the
investigation and all recommended improvements. Conceptual designs, cost estimates
and a life cycle cost analysis shall also be provided for all recommended improvements
versus the status quo situation.
2.
LIFE CYCLE APPROACH
In addition to the direct 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 solution should provide the following:




3.
efficient operation and maintenance resulting in least cost O&M for items such as
labour, chemicals, and energy;
minimal capital reinvestment during the life of the asset;
a positive impact on the environment; and
compliance with regulations.
PROPONENT ACTIVITIES AND DELIVERABLES
3.1. Project Administration / Management
The successful Proponent shall be responsible for all aspects of coordination and
project management and shall designate, in writing, a project manager. All
coordination of services between Halifax Water and the successful Proponent
shall be the responsibility of the respective project 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.
Schedule C – Engineer’s Scope of Services
Major consultant activities include:
 Confirm client requirements and objectives at project outset;
 Initiate meetings;
 Maintain all project documentation;
 Provide project updates (as per clause 5.4 of the Engineering Agreement) to
Halifax Water on a bi-weekly basis.
 Schedule, facilitate and document 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 (i.e.
scope, schedule & budget) and to review and update project management
plans;
 Identify & manage risks associated with the project;
 Proactive and thorough communication with Halifax Water throughout the
duration of the project;
 Manage overall project scope, schedule, budget & quality control;
 Ensure all project changes are discussed and approved by Halifax Water in
advance of proceeding with the work; and
 Prior to issuance of the Final Report, the consultant shall hold a workshop
with Halifax Water to review the options and/or deficiencies identified, obtain
feedback from staff, and rank options for priority of implementation.
Key deliverables:
 All recorded information including project reports, project CD, templates,
surveys, calculations, sketches, plans, meeting minutes & correspondence;
 Regular written project updates outlining progress for the review period;
 At project outset, develop risk management plan including all mitigative
measures used to manage project risks; and
 Documentation of any project changes (scope, schedule, budget & quality
impacts) including correspondence reflecting Halifax Water’s approval prior
to proceeding with the proposed changes.
3.2. Collection of Background Information
The purpose of this task is to review all existing information, discuss operational
methodologies and technical issues, collect existing and historical technical,
operating, and maintenance data, and gather additional information as necessary
to complete a thorough analysis of the existing pumping station operation and
make recommendations for preferred upgrades that will potentially lead to
operational and maintenance cost savings in the future.
Schedule B – General Conditions – 2016 Revisions
2
Major activities for this component shall include:


Collect and review available background information (e.g. existing as-built
drawings, past reports, historical operating data, energy bills, etc.);
Review proposed work with Halifax Water staff to confirm existing
documentation and to develop a full understanding of existing operational
characteristics and system limitations.
3.3. Upgrade Recommendations Report
The purpose of this task is to analyze the existing system and provide a report
which accurately summarizes the current situation, makes recommendations for
improvements to the existing systems, and includes conceptual designs, capital
cost estimates, and comparative life cycle costs analyses for all recommended
upgrades.
Prior to completing a final report the proponent will submit a draft report for
Halifax Water’s review and approval. The consultant will identify and comment
on any issues or opportunities arising from Halifax Water’s review and subject to
Halifax Water’s feedback and authorization complete the final report. Upon
approval of the draft report by Halifax Water, the consultant will be directed to
complete and submit the final optimization study.
Major activities for this component shall include:





Based on the background information gathered and the historical production at
the facility, determine if the existing pumping regime meets the needs of the
water treatment facility and/or can be improved based on the perspectives of
functionality, operability, control, capital costs, operating cost, energy use and
mechanical and electrical energy efficiency;
Review the original pump data sheets and pump curves for each pump and
determine if they are operating at their original design point and/or best
efficiency point (BEP);
Recommend changes to the pumping systems to: a) better align pump
performance with the original operating specifications; b) meet the existing
flow requirements of the WSP: c) reduce energy use and overall/peak demand
requirements; d) reduce energy and demand costs; and e) improve the overall
operating and energy efficiencies. Recommendations should include technical
and functional descriptions, advantages/disadvantages, capital cost estimates,
operating cost estimates, information on energy efficiency and a comparative
life cycle cost analysis;
Based on the operational and pumping requirements, determine if new motors
are required;
Determine if more readily available and cost effective low voltage (i.e. 600V)
motors and controls are feasible versus the existing medium voltage (i.e.
4160V) equipment;
Schedule B – General Conditions – 2016 Revisions
3



Provide recommendations for improvements to the pump control system and
operating methodologies. Review the application and use of Variable
Frequency Drives (VFD’s) for some or all of the raw water pumps at the
pumping station, making recommendations as necessary, and assessing
operational improvements and potential energy and cost savings;
Review the existing power factor correction systems, making
recommendations for improvements, if necessary, and taking into
consideration the possible use of VFD’s as noted above;
Development of an operational model to simulate the results from
recommended changes using extended period hydraulic modeling coupled
with energy and cost calculations, thereby identifying any problem areas and
providing an estimate of expected cost and energy savings.
Key Deliverables:


Five hard copies and digital copy of the Draft Pumping Station Optimization
Study.
Five hard copies and digital copy of the Final Pumping Station Optimization
Study. The final report will be prepared after a review meeting with Halifax
Water.
Schedule B – General Conditions – 2016 Revisions
4
SCHEDULE D
FEES AND REIMBURSABLE EXPENSES
Proponent Name:
The fee for the project is broken-down as follows:
Item:
1.1
Project Administration / Management
$
1.2
Collection of Background Information
$
1.3
Upgrade Recommendations Report
$
Subtotal
$
Expenses
$
HST
$
Total Proposed Maximum Fee
$
Schedule D – Fees and Reimbursable Expenses
SCHEDULE E
ENGINEER'S PROPOSAL
[NTD: Append as Schedule E the Engineer's Proposal exclusive of general corporate promotional
information.]
Schedule E – Engineer’s Proposal
APPENDIX C
Process for Obtaining Police Record Check for Contractors/Proponents
1. All contractors, Proponents and their employees working for Halifax Water must obtain a “Police
Record Check” (PRC).
2. It is the responsibility of the Halifax Water staff member who engages a contractor/Proponent to ensure
that a PRC is conducted.
3. To obtain a PRC, contractors or Proponents should either:
a) Book an appointment with or visit their local Police Department. Once completed, the results of
the PRC should be sent to the address below indicating the organization the individual is
currently employed with, the HW Project Manager, and the name of the project to which the
PRCs relate.
Halifax Water
Safety & Security Dept.
450 Cowie Hill Road, P.O. Box 8388 RP0 CSC
Halifax, NS B3K 5M1
or by email: [email protected]
b) Go online to http://backcheck.net/hrwc/. If this method is chosen, the individual will have to
create a personal account with mybackcheck. They have the option of verifying their ID either
online by answering a couple of quick questions regarding their credit history or in person at any
of the 5000 participating Canada Post locations nationwide. Once verified, the Police will
complete the PRC. The individual will receive an email indicating the results are in. They will
then have to login to their mybackcheck account and choose to “Share” the results with Halifax
Regional Water Commission again indicating the organization the individual is currently employed
with, the HW Project Manager, and the name of the project that the PRCs relate to.
For residents of the United States, a FBI record check is acceptable.
4. The Safety & Security Department will notify the Halifax Water Project Manager who requested the
PRC whether the contractor/Proponent has received clearance.
5. If a contractor/Proponent requires Card Access to a Halifax Water facility(s) the Project Manager will
schedule an appointment with the Human Personnel Department to have a Contractor Card created and
access granted, based on the contractors/Proponent’s needs.
6. Certain contractors/Proponents, 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, Proponents and their employees are required to renew their PRC every 3 years.
APPENDIX D
Pre-Proposal Conference – Confirmation of Attendance Form
The following information must be completed and sent via email or fax to the following contact
at least two (2) days prior to the scheduled Pre-Proposal Conference:
Brent Hickman, S.C.M.P.
Procurement Officer
Halifax Water
[email protected]
Fax: (902) 490-1583
RFP # + Title
RFP #34.2016 – J.D. Kline Raw Water Pumping Station Optimization Study
Location
J.D. Kline WSP, 1749 Pockwock Road, Upper Hammonds Plains, NS, B4B 1P2
Date
Thursday, January 12th, 2017 at 10:30 AM AST
Attendee’s Name (s)
Company Name
Address
City/Province
Postal Code:
Phone No.
Fax No.
Email Address
APPENDIX E
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 are facilities owned and operated by the
Halifax Regional Water Commission. The EMS encompasses the activities
specific to the plant operations including: water treatment processes, sludge
handling, fuel and chemical management, miscellaneous waste management, and
dam management.”
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 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.