proposals submitted electronically in pdf format via email

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Procurement Services 450 Cowie Hill Rd. P.O. Box 8388 RP0 CSC Halifax, NS B3K 5M1 Telephone: (902) 490-4998 REQUEST FOR PROPOSAL #P25.2021 Chain Lake Dam and Pockwock Lake Dam – Consultant Services Proposals submitted electronically in PDF format via email marked: “RFP# P25.2021 – “Chain Lake Dam and Pockwock Lake Dam – Consultant Services” Addressed to: Halifax Water Attn: Brent Hickman Procurement Services Email: [email protected] Will be received until 2:00 p.m. Atlantic Time, Thursday, July 15, 2021 for the above RFP as per the specifications and terms and conditions. Check for changes to this request – Before submitting your proposal, visit the Provincial Government Web Portal at www.novascotia.ca/tenders to see if any Addenda detailing changes have been issued on this proposal. Changes may be posted up until the proposal closing time. It is the bidders’ responsibility to acknowledge and take into account all Addenda. Bidders shall be solely responsible for the delivery of their proposals in the manner and time prescribed. Proposals received after the date and time specified shall be rejected. Hard Copy and facsimile proposals are not accepted. The lowest or any submission will not necessarily be accepted. RFP Issue Date – June 17, 2021

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Page 1: Proposals submitted electronically in PDF format via email

Procurement Services 450 Cowie Hill Rd. P.O. Box 8388 RP0 CSC Halifax, NS B3K 5M1 Telephone: (902) 490-4998

REQUEST FOR PROPOSAL

#P25.2021

Chain Lake Dam and Pockwock Lake Dam – Consultant Services

Proposals submitted electronically in PDF format via email marked:

“RFP# P25.2021 – “Chain Lake Dam and Pockwock Lake Dam – Consultant Services”

Addressed to:

Halifax Water Attn: Brent Hickman Procurement Services

Email: [email protected]

Will be received until 2:00 p.m. Atlantic Time, Thursday, July 15, 2021 for the above RFP as per the specifications and terms and conditions.

Check for changes to this request – Before submitting your proposal, visit the Provincial Government Web Portal at www.novascotia.ca/tenders to see if any Addenda detailing changes have been issued on this proposal. Changes may be posted up until the proposal closing time. It

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

Bidders shall be solely responsible for the delivery of their proposals in the manner and time prescribed. Proposals received after the date and time specified shall be rejected.

Hard Copy and facsimile proposals are not accepted.

The lowest or any submission will not necessarily be accepted.

RFP Issue Date – June 17, 2021

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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 the Chain Lake Dam and Pockwock Lake Dam – Consultant Services to Halifax Water. He/she further acknowledges that the seller’s proposed product, equipment, materials, and services fully meet or exceed those as specified in Halifax Water’s 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 proposal acceptance. *ADDENDA No. ______________ to ______________ INCLUSIVE WERE CAREFULLY EXAMINED. DATED THIS DAY OF , 2021.

PROPONENT’S COMPANY NAME: ____________________________________________________________________ ADDRESS: ____________________________________________________________________ ____________________________________________________________________ CITY/ PROVINCE: ____________________________ POSTAL CODE: _______________________ PHONE NO.: ____________________________ FAX NO.: ________________________ EMAIL ADDRESS: ____________________________________________________________________ WEBSITE: ____________________________________________________________________ CONTACT NAME (please print): ____________________________________________________________________ TITLE (please print): ___________________________________ PHONE NO.: ______________________________________ AUTHORIZED SIGNATURE: _____________________________________________________________________________ HST REGISTRATION NO: _______________________________________________________________________________ NS WCB COVERAGE: YES NO * The proponent shall list and initial all addenda received during the period and shall take them into consideration when preparing their 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 LOWEST OR ANY SUBMISSION

WILL NOT NECESSARLIY BE ACCEPTED.

This proposal will adhere to Halifax Water’s Standard Terms & Conditions. They can be found on our website at https://www.halifaxwater.ca/doing-business

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RFP# P25.2021 June 2021

TABLE OF CONTENTS

1.0 INTRODUCTION .............................................................................................................. 5

2.0 BACKGROUND ................................................................................................................. 5 2.1 Background Information ........................................................................................... 5 2.2 Pre-Proposal Conference .......................................................................................... 6

3.0 SCOPE OF WORK ............................................................................................................ 6 3.1 Life Cycle Approach ................................................................................................. 9

4.0 PROPONENT ACTIVITIES AND DELIVERABLES .................................................. 9 4.1 Project Administration / Management (from commencement of project to the end of the study phase) ................................................................................................................... 9 4.2 Approvals ................................................................................................................ 10 4.3 Survey ..................................................................................................................... 10 4.4 Geotechnical & Subsurface Investigation ............................................................... 11 4.5 Dam Break, Classification Study & Final Report ................................................... 11 4.6 Chain Lake Flume Condition Assessment .............................................................. 12 4.7 Emergency Response Plan, Emergency Preparedness Plan and Operations, Maintenance & Surveillance Documents – Chain Lake Dam ........................................... 13 4.8 Public Safety Assessment and Management Plan – Chain Lake Dam ................... 13 4.9 Concrete Condition Assessment – Pockwock Dam ................................................ 14 4.10 Emergency Response Plan, Emergency Preparedness Plan and Operations, Maintenance & Surveillance Documents – Pockwock Dam ............................................. 14 4.11 Public Safety Assessment and Management Plan – Pockwock Dam ..................... 15

5.0 INFORMATION FOR PROPONENTS ........................................................................ 15 5.1 Proposal Submission ............................................................................................... 15 5.2 Proposal Evaluation ................................................................................................ 24 5.3 Selection Process .................................................................................................... 25 5.4 Award ...................................................................................................................... 26

6.0 GENERAL INFORMATION ......................................................................................... 26 6.1 Proponent Responsible for Proposal / No Reliance on Halifax Water ................... 26 6.2 Rights of Halifax Water .......................................................................................... 26 6.3 No Liability ............................................................................................................. 27 6.4 Disclosure of Information and Communication Procedures ................................... 27 6.5 Costs and Expenses of the Proponent ..................................................................... 28 6.6 Clarification of Proposals ....................................................................................... 28 6.7 No Conflict of Interest ............................................................................................ 28 6.8 No Interest in Another Proponent ........................................................................... 29 6.9 Standard Form of Contract ..................................................................................... 29 6.10 Proponents to Ensure They Understand the Contract ............................................. 29 6.11 Waiver / No Reliance .............................................................................................. 29 6.12 False or Misleading Information ............................................................................. 29 6.13 Compliance with Applicable Law .......................................................................... 29 6.14 Time to be of the Essence ....................................................................................... 30

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6.15 Governing Law ....................................................................................................... 30 6.16 Confidentiality ........................................................................................................ 30 6.17 Police Record Check ............................................................................................... 31 6.18 COVID-19 .............................................................................................................. 31

APPENDIX A .............................................................................................................................. 32

APPENDIX B .............................................................................................................................. 33

APPENDIX C .............................................................................................................................. 54

APPENDIX D .............................................................................................................................. 56

Staff Signature Date

Director of Engineering and Technology

Original signed by Reid Campbell June 10, 2021

Director of Operations Original signed by Susheel Arora June 14, 2021

Senior Manager – Water Services

Original signed by Colin Waddell June 10, 2021

Manager – Water Infrastructure Engineering

Original signed by Tom Gorman June 10, 2021

Project Engineer Original signed by Jonathan

MacDonald June 10, 2021

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1.0 INTRODUCTION

The Halifax Regional Water Commission (Halifax Water) is soliciting proposals for engineering consulting services at the Chain Lake Dam for an investigation of the north gate house, south gate house, embankment dam and spillway structure, collection of as-built information to enhance existing records and discussion and recommendations for next steps based on the findings. At Pockwock Lake, engineering consulting services are required to complete a concrete condition assessment and recommend rehabilitation options for the Pockwock Lake Dam.

2.0 BACKGROUND

2.1 Background Information Chain Lake Dam was originally constructed in the mid-19th century. The spillway structure is currently located under the Dunbrack Street overpass. The dam embankment generally runs along the west side of Dunbrack Street. Chain Lake is an emergency backup for a portion of the Halifax Water distribution system. Chain Lake Dam is comprised of concrete-coated gabion baskets and a masonry block spillway structure with embankment dams on either side. Chain Lake spillway is a granite block and concrete-coated gabion basket gravity dam with a controlled overflow weir and a submerged 508 mm (20”) valve for controlling the water level. The spillway uses stoplogs to increase the lake level up to an additional 1220 mm (48”). A 900mm conduit runs from the spillway structure over the left embankment. The purpose of this conduit is for surge relief on the 900mm Pockwock Transmission Main that runs along Dunbrack Street. Given the age of the structure, there is limited design or construction information available for the spillway and embankment structures.

Pockwock Lake Dam was originally constructed in the 1920s by damming the river between Pockwock Lake and Little Pockwock Lake with a 305m long timer crib dam and a spillway, located approximately 122m to the right of the existing dam. The dam and spillway were rebuilt in the late 1950s and again in the 1970s when the reservoir was developed as part of the water supply for the City of Halifax.

Pockwock Lake Dam currently comprises two embankment dam structures flanking a central concrete spillway. The embankment has a central clay core and is founded on bedrock. Adjacent slopes are composed of native glacial till consisting of gravel, sand and silt. There is also an auxiliary embankment dam located southwest of the main dam structure. The full supply level is controlled by a free overflow spillway. Remedial works completed in 2002 raised the crest elevation slightly to 110.58m. There are three (3) 1.8m by 1.8m submerged gates located at mid-length of the spillway. All gates are vertical lift and are operated manually. Remedial work was completed on the concrete spillway section to

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RFP# P25.2021 June 2021

repair the walkway piers and bullnoses. The damaged concrete was removed and replaced with new, reinforced concrete caps. As part of the remedial work. The gates were reinforced with steel support structures on the downstream face of the dam. Previous Dam Safety Reviews have classified the Pockwock Lake Dam as a very high consequence structure.

2.2 Pre-Proposal Conference Proponents are welcome to attend a voluntary Pre-Proposal Conference to be held at the Chain Lake and Pockwock Lake Dam sites on Tuesday, June 29, 2021, starting at 1:00PM. Following a brief presentation there will be an opportunity to tour the dam sites. The Project Engineer will be on hand to answer any questions about the project. The site tour will start at the Chain Lake Dam and proponents are asked to meet at Crown Drive Park (End of Crown Drive in Halifax, NS). After the tour is complete the proponents and Halifax Water will travel to Pockwock Lake Dam (adjacent entrance to treatment plant at 1749 Pockwock Road) for the site tour to start at approximately 3:00PM (or earlier if all proponents are present). PPE (hard hat, safety vest and safety footwear) will be required. Masks and relevant public health social distancing protocols will also be followed. Interested proponents are asked to confirm their attendance at the site tour with the Project Engineer via email: [email protected]

Note: Separate individual tours of the facilities will not be granted.

3.0 SCOPE OF WORK

The scope of work for this project is to complete the following at the Chain Lake Dam Site: 1) Investigation of impervious core elevation for embankment dam. As part of the 2019 Dam

Safety Review, the elevation of the impervious core was assumed due to an absence of as-built information. The proponent shall recommend and conduct an above ground and subsurface geotechnical investigation onsite to determine the impervious core elevation and composition of the different material elements within the embankment dam. The investigation shall also include recommendation for and reinstatement of any boreholes, mechanical or hydro-excavations as to not compromise the integrity of the embankment dam. This will include areas on either side of the South Gate House, North Gate House and Spillway. The proponent shall include all labour and equipment necessary to document and investigate the embankment dam.

2) Investigation of spillway structure. During the most recent and previous Dam Safety Reviews, it was determined that insufficient documentation exists to perform a meaningful stability analysis of the spillway structure. Further investigation is required to collect data regarding the spillway dimensions, internal structure and foundations. The proponent shall recommend and implement an above ground and subsurface investigation program on the spillway structure to document and confirm existing conditions. The proponent shall provide all labour and equipment necessary to document and investigate existing conditions of the spillway structure.

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3) Complete a bathymetry study on First and Second Chain Lake in order to develop an updated

rating curve for the spillway structure. The study shall include topographical survey around the perimeter of the lake up to 2 meters from the water’s edge. Topographical survey shall also be completed in the project area around the South gate house, North gate house, concrete spillway, embankment dam and impervious core.

4) Complete a dam break study for the spillway and all embankments including an update to

existing downstream inundation mapping. The dam break study shall also identify, review and document the existing drainage path for normal dam operation. The dam break study shall include impact on downstream drainage infrastructure including Chocolate Lake Dam. Collection of topographic elevations at the Chocolate Lake Dam is part of this scope if the information is required. The dam break study shall be completed to current CDA guidelines.

5) Based on completion of the above investigation program, complete a dam classification

analysis to current CDA guidelines on the Chain Lake dam spillway and embankment structure at the North and South gate houses. The classification analysis shall include a review of the 2019 Dam Safety Review assumptions, calculations and include recommendations for obtaining any gaps in information. The proponent shall include a copy of all calculations and assumptions as an appendix in the final report.

6) Investigate existing North Gate House and document existing conditions. Provide

recommendations and options for demolition of the North Gate House as part of the final report. 7) Perform a condition assessment on the wooden flume between Long lake and Upper Chain

Lake. The assessment will document the condition of the wood from the inside of the flume. Based on historical records, the wooden flume was sealed at the Upper Chain Lake end with plywood in 1997. The assessment will include an interior inspection by a Remote Operated Vehicle or other video and picture capturing means. Provide recommendations for abandonment of the flume including stabilization of the structure under St. Margaret’s Bay Road.

8) Draft an Emergency Preparedness Plan (EPP), Emergency Response Plan (ERP) and

Operation, Maintenance and Surveillance Manual (OMS) for the Chain Lake Dam site. The manuals and plans shall follow templates of previously created documents for Lake Major Dam located in Appendix D. Proponents shall include all the same sections as required and any new sections that are applicable for the Chain Lake Dam location. All documents created shall be to current CDA guidelines and recommendations.

9) Complete a public safety assessment and management plan for the Chain Lake Dam site

consistent with the recommendations and process outlined in the CDA guidelines for Public Safety Around Dams (2011) and technical bulletins. The proponent shall complete a risk assessment as well as draft a public safety plan with inspection and incident reporting templates and training.

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RFP# P25.2021 June 2021

The scope of work for this project is to complete the following at the Pockwock Lake Dam Site: 1) Concrete Condition Assessment

• Concrete crack mapping over the entire spillway structure, gate structure and side retaining walls. The mapping scope will include recommendations for injection grouting or refacing of concrete in areas deemed necessary and monitoring recommendations.

• Develop and implement a concrete coring program to assess condition of the concrete and properties at lift joints and the concrete/rock interface.

• Full depth concrete cores will be advanced with laboratory testing to determine friction angle and cohesion values along sliding planes. Surface cores will also be completed in appropriate areas of suspect concrete condition.

• The coring program will include laboratory analysis to determine presence and advancement of alkali aggregate reactivity (AAR).

• The coring program will include recommendations of mitigation strategies for AAR concrete to reduce deterioration and maintain the service life of the concrete structure.

• Complete a condition assessment for the three sluice gates including an assessment of the structural reinforcing. Provide alternatives for consideration and recommendations with concept cost estimates for preferred solution if replacement and/or relocation is warranted.

• Topographical survey, onsite measurements and preparation of drawings showing all areas of the structure experiencing cracking and/or AAR. PDF as-built records are available. Electronic CAD files are not available.

• After crack mapping is complete, conduct onsite review and training for operations staff to review areas of concern, review existing inspection procedures, develop revised procedures and create new inspection forms for future dam inspections.

2) Draft an Emergency Preparedness Plan (EPP), Emergency Response Plan (ERP) and Operation, Maintenance and Surveillance Manual (OMS) for the Pockwock Lake Dam site. The manuals and plans shall follow templates of previously created documents for Lake Major Dam located in Appendix D. Proponents shall include all the same sections as required and any new sections that are applicable for the Pockwock Lake Dam location. All documents created shall be to current CDA guidelines and recommendations.

3) Complete a public safety assessment and management plan for the Pockwock Lake Dam site consistent with the recommendations and process outlined in the CDA guidelines for Public Safety Around Dams (2011) and technical bulletins. The proponent shall complete a risk assessment as well as draft a public safety plan including inspection and incident reporting templates and training.

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

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RFP# P25.2021 June 2021

3.1 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 design solution should provide the following:

• efficient operation and maintenance resulting in least cost O&M for such items as: labour, chemicals, and energy;

• minimal capital reinvestment during the life of the asset; • positive impact on the environment; and • compliance with regulations.

4.0 PROPONENT ACTIVITIES AND DELIVERABLES

Sections 4.1 to 4.6 inclusive encompass the consulting services.

4.1 Project Administration / Management (from commencement of project to the end of the study phase)

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.

(a) Activities include:

i. Confirm client requirements and objectives at project outset; ii. Initiate meetings;

iii. Maintain all project documentation; iv. Provide written project updates (see clause 5.4 of Engineering Agreement) to

Halifax Water on a Monthly basis. The updates are to include specific status updates on schedule and budget. In Gantt chart format the project progress is to be tracked against the original schedule utilizing Microsoft Project;

v. Schedule, facilitate and record 6 meetings with the Halifax Water Project Manager and relevant stakeholders throughout the study process. The purpose of the meetings will be to review and update work progress (ie. scope, schedule & budget) and to review and update project management plans;

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vi. Identify & manage risks associated with the project; vii. Proactive and thorough communication with Halifax Water throughout the

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

ix. Ensure all project changes are discussed and approved by Halifax Water in advance of proceeding with the work.

(b) Key deliverables include:

i. All recorded information including project reports, project CD, templates, surveys, calculations, sketches, plans, meeting minutes & correspondence;

ii. Regular written project updates outlining progress for the review period. The updates are to be reviewed/signed by the Proponent’s quality assurance representative for the project;

iii. At project outset develop risk management plan including all mitigative measures used to manage project risks; and

iv. Documentation of any project changes (scope, schedule, budget & quality impacts) including correspondence reflecting Halifax Water’s approval prior to proceeding with the proposed changes.

4.2 Approvals The purpose of this task is to ensure all pertinent legislation is followed and the necessary approvals are in place in a timely manner.

(a) Activities include:

i. Identify & obtain the appropriate approvals required for this project. Scope to include: compilation of application, obtain permission to act as owner’s representative in this regard, submit application including all fees, follow up and supply additional information to authority as required, and receive approval;

ii. Consult with all relevant approval authorities to ensure the approval requirements are incorporated into the design in the most cost-effective manner; and

iii. Review of applicable watershed regulations; iv. Meet with all approval agencies as needed.

(b) Key deliverables include:

i. Documented legislation & approvals required for this project; and ii. Final approval certificates or authorizations from the relevant approval authority

including all supporting documentation (environmental mitigation plans, drawings, reports, etc).

4.3 Survey The purpose of this task is to locate features within the project site for the study, reporting and record information purposes. (a) Activities include:

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i. Bathymetric survey ii. Topographical survey

(b) Key deliverables include:

i. Bathymetric survey with a colorized depth map at appropriate intervals. ii. Topgraphical survey to confirm elevations of concrete spillway, embankments,

impervious cores and confirm location of surface features iii. Electronic and hard copies of all surveys; and

4.4 Geotechnical & Subsurface Investigation The purpose of this task is to undertake an appropriate subsurface investigation to determine the impervious core elevation and composition of the earth embankment dam at the North and South gate houses. The geotechnical program shall determine foundation conditions at the spillway structure. The subsurface investigation program shall be outlined in the proposal, be approved by Halifax Water prior to implementation and collect information required for further calculations in the dam break and dam classification study.

(a) Activities include:

i. Underground utility locates ii. Subsurface investigations

(b) Key deliverables include:

i. Preliminary investigation program report including scope, objectives and deliverables

ii. Subsurface investigation and geotechnical report

4.5 Dam Break, Classification Study & Final Report The purpose of this task is to summarize subsurface investigation findings, develop as-built drawings, complete the dam break, inundation study, review and update dam classification and recommended next steps after study completion.

(a) Activities include:

i. Sub-surface investigation activities above including information collection scope, objectives and deliverables in full consultation with Halifax Water;

ii. Coordinate with Halifax Water to obtain all current analytical data from pertinent sources before design work begins. Any claim by the Proponent of lack of information provided by Halifax Water will not be regarded as sufficient reason for non-completion or delay of the work;

iii. Meet and liaise with regulatory bodies, utility companies ie. Bell-Aliant, Nova Scotia Power Incorporated (NSPI), Nova Scotia Transportation and Infrastructure Renewal (NSTIR), HRM, Natural Gas Suppliers/Distributors etc. and other levels of governing bodies as necessary. Coordination and collaboration with all regulatory bodies and utilities will be required to ensure acceptability and compatibility with proposed subsurface investigations and regulations and to avoid

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revisions and delays; iv. Onsite reviews as required; v. Meet and interview operations staff responsible for the dam.

vi. Complete topographical survey around Upper and Lower Chain Lakes, bathymetric survey and all surface features around the spillway and embankments required to be collected for this project.

vii. Review of existing PMF inflow hydrographs from 2019 Dam Safety Review for Chain Lake and update as required with new bathymetric, embankment and spillway structure information;

viii. Review of existing inundation mapping for Chain Lake Dam, complete a dam break study and provide updated inundation map.

ix. Complete an audit of the previous calculations, assumptions and summary included in the 2019 Dam Safety Review for Chain Lake Dam. The audit shall include identification of information gaps that affect the dam classification and recommendations for information collection prior to the subsurface investigations.

x. Complete dam break study for concrete spillway and earth embankment dams at North and South gatehouse to current CDA guidelines. The dam break study will include documentation of the downstream drainage path during normal dam operations.

xi. Complete calculations and analysis for the current dam classification and confirm its validity based on the collected information from this study. All assumptions and calculations in the above activities shall be provided to Halifax Water.

xii. Complete the summary final report incorporating all collected data, assumptions, calculations, drawings and recommendations for next steps.

(b) Key deliverables include:

i. Final investigation report ii. As-built drawings of embankment dam and spillway structure including site plan

and layout, profiles and typical cross sections. iii. All calculations and assumptions for all analysis completed included as an

appendix

4.6 Chain Lake Flume Condition Assessment The purpose of this task is to investigate the condition of the Chain Lake Flume and provide recommendations for abandonment including conceptual cost estimates.

(a) Activities include:

i. Onsite review of the flume location with Halifax Water staff; ii. Perform an interior condition assessment on the wooden flume between Long lake

and Upper Chain Lake.

(b) Key deliverables include: i. Final investigation report

ii. All calculations and assumptions for all analysis completed iii. Recommendations for decommissioning throughout entire length and at St.

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Margaret’s Bay Road crossing.

4.7 Emergency Response Plan, Emergency Preparedness Plan and Operations, Maintenance & Surveillance Documents – Chain Lake Dam

The purpose of this task is to develop the following documents using existing templates in full consultation with Halifax Water.

(a) Activities include: i. Site visits as required;

ii. Review existing ERP, EPP and OMS documents for Chain Lake Dam iii. Meet and interview plant operations staff responsible for the dams; iv. Review and document the operation, maintenance and surveillance procedures of

the dams and consider all questions outlined in Section 5.4.6 of the current CDA Guidelines;

v. Verify that operating equipment is secured against vandalism or operation by unauthorized individuals.

vi. Determine if the appropriate level of emergency preparedness exists and consider all questions outlined in Section 5.4.7 of the current CDA Guidelines;

vii. Draft ERP, EPP and OMS documents with sections that match existing template document;

viii. One day workshop to train operations staff on ERP, EPP and OMS documents and an onsite Dam Safety Inspection;

(b) Key deliverables include:

i. Draft copy of ERP, EPP and OMS documents. Final reports will be prepared after a review meeting and comments with Halifax Water;

ii. Final copy of ERP, EPP and OMS documents in Microsoft Word and PDF formats;

4.8 Public Safety Assessment and Management Plan – Chain Lake Dam (a) Activities include:

i. Site visits as required; ii. Complete risk assessment and treatment plan in consultation with Halifax Water;

iii. Develop monitoring plan and evaluation guidelines to verify effectiveness of recommended risk control measures;

iv. Develop audit, review and action procedures including recommendations for inspection frequency, reporting and continual improvement;

v. Draft Public Safety Assessment and Management Plan; vi. One day workshop to train operations staff on Public Safety Management Plan

document and onsite inspections;

(b) Key deliverables include: i. Draft copy of Public Safety Assessment and Management Plan. Final reports will

be prepared after a review meeting and comments with Halifax Water; ii. Final copy of Public Safety Management Plan and inspection documents in

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Microsoft Word, Excel and PDF formats;

4.9 Concrete Condition Assessment – Pockwock Dam The purpose of this task is to propose/review alternatives and select a preferred approach. Develop preliminary level designs complete with drawings, and cost estimates.

(a) Activities include: vii. Onsite review of all areas of concrete structure with Halifax Water staff;

viii. Topographical survey of required surface features including concrete spillway, retaining walls and sluice gates;

ix. Coring program including recommendations, implementation and reinstatement; x. Concrete condition assessment process in full consultation with Halifax Water;

xi. All onsite measurements and CAD work required to develop drawings to map concrete cracking and other areas of deterioration on the spillway structure, retaining walls and gate structures.

xii. Coordinate with Halifax Water to obtain all current analytical data from pertinent sources before design work begins. Any claim by the Proponent of lack of information provided by Halifax Water will not be regarded as sufficient reason for non-completion or delay of the work;

xiii. Meet and liaise with regulatory bodies, utility companies ie. Bell-Aliant, Nova Scotia Power Incorporated (NSPI), Nova Scotia Environment (NSE), Nova Scotia Transportation and Infrastructure Renewal (NSTIR) Halifax Water, Natural Gas Suppliers/Distributors etc. and other levels of governing bodies as necessary. Coordination and collaboration with all regulatory bodies and utilities will be required to ensure acceptability and compatibility with current design standards and regulations and to avoid revisions and delays; and

xiv. Complete the condition assessment report incorporating all collected data and including details for all options and scenarios considered complete with capital and life cycle cost comparisons, and recommendations; and Owner review of the final draft concrete condition assessment report.

(b) Key deliverables include:

i. Draft concrete condition assessment report ii. Final concrete condition assessment report

iii. Drawings in PDF format iv. Crack inspection monitoring and reporting template v. Detailed (Class 3) concept cost estimate for all rehabilitation options, sluice gate

modifications or replacement and recommended work.

4.10 Emergency Response Plan, Emergency Preparedness Plan and Operations, Maintenance & Surveillance Documents – Pockwock Dam

The purpose of this task is to develop the following documents using existing templates in full consultation with Halifax Water.

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(c) Activities include: ix. Site visits as required; x. Review existing ERP, EPP and OMS documents for Pockwock Dam xi. Meet and interview plant operations staff responsible for the dams;

xii. Review and document the operation, maintenance and surveillance procedures of the dams and consider all questions outlined in Section 5.4.6 of the current CDA Guidelines;

xiii. Verify that operating equipment is secured against vandalism or operation by unauthorized individuals.

xiv. Determine if the appropriate level of emergency preparedness exists and consider all questions outlined in Section 5.4.7 of the current CDA Guidelines;

xv. Draft ERP, EPP and OMS documents with sections that match existing template document;

xvi. One day workshop to train operations staff on ERP, EPP and OMS documents and an onsite Dam Safety Inspection;

(d) Key deliverables include:

iii. Draft copy of ERP, EPP and OMS documents. Final reports will be prepared after a review meeting and comments with Halifax Water;

iv. Final copy of ERP, EPP and OMS documents in Microsoft Word and PDF formats;

4.11 Public Safety Assessment and Management Plan – Pockwock Dam (c) Activities include: xv. Site visits as required;

xvi. Complete risk assessment and treatment plan in consultation with Halifax Water; xvii. Develop monitoring plan and evaluation guidelines to verify effectiveness of

recommended risk control measures; xviii. Develop audit, review and action procedures including recommendations for

inspection frequency, reporting and continual improvement; xix. Draft Public Safety Assessment and Management Plan; xx. One day workshop to train operations staff on Public Safety Management Plan

document and onsite inspections;

(d) Key deliverables include: iii. Draft copy of Public Safety Assessment and Management Plan. Final reports will

be prepared after a review meeting and comments with Halifax Water; iv. Final copy of Public Safety Management Plan and inspection documents in

Microsoft Word, Excel and PDF formats;

5.0 INFORMATION FOR PROPONENTS

5.1 Proposal Submission The response to this RFP shall be submitted electronically to [email protected] quoting P25.2021 – Chain Lake Dam and Pockwock Lake

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Dam – Consulting Services in the subject line, using two (2) PDF files as follows:

• The technical proposal shall include an unencrypted searchable PDF electronic file. 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. Please note the file size of Halifax water’s servers can accept up to 25MB.

• The financial proposal shall be submitted as a separate unencrypted searchable PDF electronic file clearly labeled “FINANCIAL”.

5.1.1 Technical Proposal

The Proposal shall include the following (5.1.1.1 to 5.1.1.8 inclusive) as a minimum; failure to do so may be cause for rejection of the proposal.

5.1.1.1 General

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

5.1.1.2 Project Understanding and Implementation Plan

The proposal shall include a section that clearly demonstrates the Proponent’s understanding of the assignment and the deliverables requested. Note: Halifax Water does not want to see submissions that simply rewrite the content of this RFP. Proposals should include as a minimum:

(a) The Proponent’s understanding of the activities and deliverables quoted in the RFP and for the nature of the work required to meet the project objectives.

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

objectives and deliverables.

(c) The proposed work program and schedule that identifies start and end times and key milestones (a Gantt chart in MS Project 2007 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

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will be grounds for disqualification of the proposal.)

5.1.1.3 Company Experience and Project Team Qualifications

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

(a) Identification of a Project Manager and provision of resume. Provide brief explanation as to why this person is appropriate for this role including recent project management experience.

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

personnel.

(c) Names of sub-consultant firms to be retained to complete this assignment including a description of the merits of their participation and a description of their qualifications.

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

performing various tasks for this assignment. Provide resumes for key sub-consultant personnel.

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

component of the project.

(f) For each of the key personnel, provide on a quarterly basis breakdown, the hours currently committed to other duties and the hours proposed to be allocated to this project.

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

a summary table, as per the example below:

Project Name:

Year Completed:

Project Description: Relevance of Reference Project to Proposed Project: Owner: Owner’s Project Manager: Telephone Number:

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Email Address: Principal Staff Assigned Name Responsibilities _______________ _______________________________ _______________ _______________________________ _______________ _______________________________ _______________ _______________________________ _______________ _______________________________ Initial Proponent Fee: $_______________ Final Proponent Fee: $_______________ Preliminary Design Construction Estimate: $________ Pre Tender Construction Estimate: $_______________ Awarded Tender Cost: $_______________ Final Construction Cost: $_______________ Date Stated in Proponents Actual Dates Initial Proposal Achieved Completion of Study: _______________ _____________ Completion of Preliminary Design: ______________ _____________ Completion of Detailed Design: _______________ _____________ Tender Close: ________________ ______________ Substantial Completion: _______________ ______________

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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:

• Dam safety reviews including calculations for dam classification to CDA guidelines

• Dam Break Studies • Hydraulic assessments and modeling • Geotechnical engineering and subsurface investigations • Concrete condition assessment and rehabilitation

The proposal must outline the personnel to be used for this assignment, provide an explanation of the project personnel’ direct experience with the skills noted above, and identify specific projects and dates in which these skills were demonstrated. Curriculum vitae / resumes for the identified project personnel may be submitted as part of the attachments / appendices. In the event of a change in the personnel named and assigned to perform the services under the contract, the Proponent shall be required to submit, for approval to Halifax Water, the credentials and resumes and hourly charge rate of the alternate personnel the Proponent proposes to use in the performance of the contract. Substitutions of personnel from those identified in the response to the RFP must have like qualifications of the listed personnel. Changes must be submitted in writing by the Proponent and approved in writing by Halifax Water.

5.1.1.4 Project Management

The proposal shall include information to help Halifax Water understand and evaluate the Proponent’s approach to managing projects including:

(a) Approach to project planning and control.

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

(c) Approach to construction cost management and the formal Change Order process as it relates to changing conditions, owner requests, and design errors/omissions.

(d) Approach to quality management.

(e) Approach to human resource management.

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

and with external stakeholders. If part or all of the team is remote from Halifax provide specifics as to how this will be managed.

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(g) Approach to risk management.

(h) Approach to procurement management.

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

5.1.1.5 Confidentiality

Submit confidentiality statement (See Section 6.16)

5.1.1.6 Insurance

Professional liability insurance shall be as per the Consulting Services Agreement.

5.1.1.7 Acknowledgement

A complete acknowledgement, in the form set forth in Proponent Submission Sheet (see page 2 of this document) confirming that the Proponent acknowledges and agrees to all the conditions of participation in the RFP.

5.1.1.8 Assumptions

The Proponent shall clearly identify all assumptions made in the preparation of the proposal. Additionally, the Proponent is encouraged to outline other work considered by the proponent to be essential to the successful completion of this project that was not identified by Halifax Water in this RFP.

5.1.2 Financial Proposal

Submit the Financial Proposal in a separate PDF file named “Financial Proposal”. The Proponent shall submit a fee schedule for the major components of the assignment (as shown in Section 5.1.2.1 Financial Proposal Form) and the associated subtasks for each component. The financial proposal must clearly provide the following:

(a) For each component and associated subtasks identify the individuals proposed to accomplish the work, their associated hours and their hourly rates.

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

identify this proposed Maximum Fee.

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

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applicable; exclusive of Harmonized Sales Tax (HST).

(d) Price may not be the determining factor for award. Halifax Water maynegotiate a final offer with the selected Proponent.

5.1.2.1 Financial Proposal Form

This Form shall be filled out and included in the Financial Proposal PDF file. Failure to submit this form will be grounds for disqualification.

Proponents are to assume that the schedule for this project will be as follows: • Project Award: End of July 2021• Onsite Information Gathering and Study Period (both dams): August

2021 – September 2021• Draft Final Report (Chain Lake): November 2021• Final Report (Chain Lake): November – December 2021• Concrete Condition Assessment (Pockwock): December 2021• Draft OMS, EPP, ERP, Public Safety Documents (both dams):

January 2022• Final OMW, EPP, ERP, Public Safety Documents (both dams): March

2022

The Proponent is to include in the Financial Proposal all future cost increases including salary, Sub-proponent, expenses, etc. for the anticipated duration of this project. Should the work extend beyond the anticipated completion date the Proponent shall be permitted to increase their fees / expenses by the prevailing construction price index for that work which is undertaken after 2021.

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PART A Proponent Name:

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

ITEM

Engineering Phase Services

Chain Lake Dam

4.1 Project Administration/Management (from commencement of project to the final report) $

4.2 Approvals $

4.3 Survey $

4.4 Geotechnical & Subsurface Investigation $

4.5 Dam Break, Classification Study & Final Report $

4.6 Chain Lake Flume Condition Assessment $

4.7 Emergency Response Plan, Emergency Preparedness Plan and Operations, Maintenance and Surveillance Documents – Chain Lake Dam

$

4.8 Public Safety Assessment and Management Plan -Chain Lake Dam

$

Chain Lake Dam Subtotal $

Pockwock Lake Dam

4.1 Project Administration/Management (from commencement of project to end concrete condition assessment)

$

4.9 Concrete Condition Assessment - Pockwock Dam $

4.10 Emergency Response Plan, Emergency Preparedness Plan and Operations, Maintenance and Surveillance Documents – Pockwock Dam

$

4.11 Public Safety Assessment and Management Plan – Pockwock Dam $

Pockwock Dam Subtotal $

Project Subtotal $

HST $

TOTAL Proposed Maximum Fee $

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It is noted that if this Request for Proposal process results in a contract that the contracted fee will be considered a maximum fee for each of the phases outlined in Part A above. The Proponent will invoice based upon the actual hours required to complete the work and quote hourly rates. The total invoiced is not to exceed the maximum fee for each phase outlined in Part A above. This is not a lump sum contract.

The Proponent is to provide a detailed breakdown for all expenses. This is to include mileage charge rates for vehicles, air fares, overnight accommodations, meals, etc.

5.1.2.2 Financial Proposal Form

This Form shall be filled out and included in the Financial Proposal PDF file. Failure to submit this form will be grounds for disqualification.

5.1.3 One Response

Proponents may not submit more than one proposal.

5.1.4 Address for Submission

The proposals must be submitted electronically via email to [email protected] marked “Request for Proposals – Chain Lake Dam and Pockwock Lake Dam – Consulting Services, P25.2021) ”, not later than 2:00 pm, Atlantic Time, Thursday July 15, 2021:

Addressed to: Halifax Water

Attention: Brent Hickman Procurement Services

Email: [email protected]

Under no circumstance will proposals received after the submission closing date be accepted.

5.1.5 Electronic Copies

All proposals must be submitted electronically in PDF format. No hard copy or facsimile transmissions will be accepted. However, amendments to the original document will be accepted by email, if received before the submission closing date.

5.1.6 Late Submissions

The date and time of receipt of a Proposal shall be the date and time indicated by Halifax Water’s email servers’ date and time indicated on the email header.

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5.1.7 Addendums to the Request for Proposal

All revisions to this RFP will be posted in the form of an addendum to the Nova Scotia Procurement Services Web Portal. Prior to the Submission Closing Date, Halifax Water may revise any provision or part of the RFP.

5.1.8 Request for Clarification

Any Proponent who has questions as to the meaning or intent of any part of this RFP or of the project, or who believes this RFP contains an error, inconsistency or omission, should submit a request for clarification. All requests for clarification or inquiries concerning this RFP should be forwarded by email no later than one week prior to the Submission Closing Date, to the Halifax Water representative identified below:

Brent Hickman, S.C.M.P. Procurement Officer

Halifax Water [email protected]

All clarifications to this RFP will be posted to the Nova Scotia Procurement Services Web Portal.

Halifax Water will assume no responsibility for verbal instructions or suggestions. Halifax Water core hours of operation are Monday to Friday, 8:30 am to 4:30 pm.

5.1.9 Period of Submission Validity

Proposals will be binding for ninety (90) Days: Unless otherwise specified, all formal proposals submitted shall be irrevocable for ninety (90) calendar days following proposal opening date, unless the Proponent(s), upon request of Halifax Water, agrees to an extension.

5.2 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.

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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.

Criteria Weight Score

Technical

Project Understanding and Implementation Plan 30%

Company Experience and Project Team Qualifications 40%

Project Management 10%

Financial 20%

Total 100%

The score for the “Financial” criteria shall be allocated as follows: An average fee of all financial proposals will be calculated. The average fee shall receive an allocation of 100% of the available points for the “Financial” criteria. Proponents who fees are within plus/minus 90% of the average fee, shall receive a lineal prorated percentage of the available points for the “Financial” criteria. Proponents who exceed plus/minus 90% of the average fee, shall receive 10% of the available points for the “Financial” criteria. For example if the average fee is $100,000 the following fee proposals would receive points for the "Financial Criteria" as indicated: Proponent A, Fee = $100,000, receive 100% of points available for "Financial Criteria" Proponent B, Fee = $70,000, receive 70% of points available for "Financial Criteria” Proponent C, Fee = $40,000, receive 40% of points available for "Financial Criteria" Proponent D, Fee = $120,000, receive 80% of points available for "Financial Criteria” Proponent E, Fee = $180,000, receive 20% of points available for "Financial Criteria” Proponent F, Fee = $200,000, receive 10% of points available for "Financial Criteria"

5.3 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.

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5.4 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 contract without further action by either party. Halifax Water may accept an offer whether or not there are negotiations after its receipt. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by Halifax Water. Neither acceptance of a proposal nor execution of a contract will constitute approval of any activity or development contemplated in any proposal that requires any approval, permit or license pursuant to any federal, provincial, regional or municipal statute, regulation or by-law.

6.0 GENERAL INFORMATION

6.1 Proponent Responsible for Proposal / No Reliance on Halifax Water The Proponent accepts sole responsibility for the preparation and submission of its Proposal including satisfying itself as to the requirements of all documents and the submission of materials and the Proposal within the required time frames.

6.2 Rights of Halifax Water The issuance of this RFP constitutes only an invitation to submit Proposals. It does not commit Halifax Water to enter into an Agreement with any of the Proponents. Halifax Water is not bound to accept any Proposals and may proceed as it, in its sole discretion, determines on receipt of Proposals. The rights reserved by Halifax Water include the right at any time and for whatever reason and without liability to any Proponent to:

(a) conduct investigations with respect to the qualifications and experience of the Proponent and its members;

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

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

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

(d) reject the Proponent as organized and suggest changes to the Proponent's members prior to the execution of any Agreement;

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(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;

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

in the best interests of Halifax Water; and

(l) use any concept or approach suggested in any Proposal including its use in negotiating an agreement with the Successful Proponent or any other Proponent.

6.3 No Liability Halifax Water, its management, employees, Proponents and agents accepts no liability for any costs, expenses, damages or otherwise of any Proponent for the proposal response to this RFP. Halifax Water, its Board of Directors, officers, employees, Proponents and agents accept no liability for any costs, expenses, damages or otherwise of any Proponent in the event the Successful Proponent selected fails to comply with any terms, conditions or requirements of the RFP, any addenda to the RFP or the contract Agreement.

6.4 Disclosure of Information and Communication Procedures 6.4.1 Disclosure by Halifax Water

Halifax Water will consider all Proposals as confidential, subject to the disclosure requirements imposed by applicable law. Halifax Water will, however, have the right to make copies of all Proposals received for its internal review process and to provide copies to its staff, technical and financial advisors and representatives.

Notwithstanding the foregoing, the Proponent acknowledges and agrees that Halifax Water will not be responsible or liable in any way for any losses that the Proponent may suffer from disclosure of information or materials to third parties.

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6.4.2 Disclosure by the Proponent

The Proponent shall not disclose any details pertaining to its Proposal or any part of the selection process to anyone not specifically involved in its Proposal, without the prior approval of Halifax Water. The Proponent shall not issue a news release or other public announcement pertaining to details of its Proposal or the selection process without the prior approval of Halifax Water.

6.5 Costs and Expenses of the Proponent Halifax Water accepts no liability for any costs or expenses incurred by the Proponent in responding to this RFP, responses to clarification requests and re-submittals, potential meetings, tours and interviews, subsequent negotiations, or any other cost incurred prior to the execution of the Agreement by Halifax Water and the Successful Proponent. By submitting a Proposal, the Proponent agrees that it shall prepare the required materials and undertake the required investigations at its own expense and with the express understanding that it cannot make any claims whatsoever for reimbursement from Halifax Water for any costs and expenses associated with the RFP process in any manner whatsoever or under any circumstances including, without limitation, the rejection of all or any of the Proposals or cancellation of the RFP or the contract.

6.6 Clarification of Proposals Halifax Water is not obliged to seek clarification from the Proponent regarding any aspect of its Proposal. Halifax Water shall have the right to request the Proponent to submit information to clarify or interpret any matters contained in its Proposal and to seek the Proponent's written acknowledgement of that clarification or interpretation. In addition, Halifax Water may request supplementary documentation from the Proponent when there is an irregularity or omission in its Proposal or the documents submitted therewith. The Proponent should not assume Halifax Water will request clarifications. Supplementary documentation accepted by Halifax Water and written interpretations that have been supplied or acknowledged by the Proponent shall be considered to form part of the Proposal.

6.7 No Conflict of Interest The Proponent and members of the Proponent are requested to disclose any conflict of interest, real or perceived, which exists now or which may in the opinion of the Proponent exist in the future. Halifax Water reserves the right to disqualify the Proponent if, in the opinion of Halifax Water acting reasonably, it has a conflict of interest, whether such conflict exists now or arises in the future.

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6.8 No Interest in Another Proponent The Proponent shall not have any interest whatsoever in any other Proponent or in the Proposal of any other Proponent nor enter into any arrangement, agreement or understanding either before or after the submission date that would have that result. Provided however, after the closing date, the unsuccessful Proponents or members of the unsuccessful Proponents may, with the consent of Halifax Water, become involved in the contract, provided such involvement is limited solely to acting as a subcontractor to the Successful Proponent.

6.9 Standard Form of Contract The standard form of contract to be used shall be the engineering agreement attached in Appendix B.

6.10 Proponents to Ensure They Understand the Contract It is the Proponent's responsibility to ensure that it has all the necessary information concerning the intent and requirements of this RFP and the contract. The Proponent is solely responsible for examining and reviewing all documents and information provided or required pursuant to this RFP and for satisfying itself as to all other matters which may in any way affect the contract or the cost or time required to complete the contract. Nothing contained in this RFP or in any communications from Halifax Water shall constitute any express or implied warranty or representation by Halifax Water, except as explicitly stated herein and therein.

6.11 Waiver / No Reliance Halifax Water does not accept responsibility for any information, advice, errors or omissions which may be contained in this RFP or its appendices or any addendum. Halifax Water makes no representation or warranty, either express or implied, in fact or in law, with respect to the accuracy or completeness of this RFP or its appendices or any addendum and Halifax Water shall not be responsible for any action, cost, loss or liability whatsoever arising from the Proponent's reliance on or use of such information or any other technical or historical schedules, data, materials or documents provided by Halifax Water. The Proponent is responsible for obtaining its own independent financial, legal, accounting, engineering and technical advice with respect to any information included in this RFP, its appendices or any addenda or in any documents provided by Halifax Water.

6.12 False or Misleading Information If there is any evidence of misleading or false information in any Proposal, Halifax Water may reject that Proposal.

6.13 Compliance with Applicable Law The Proponent shall be responsible, at its expense, for complying with all applicable laws relating to the contract and, except as explicitly stated in this RFP, for obtaining,

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

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

6.15 Governing Law This RFP and all activities connected therewith shall be governed in all respects by the laws of the Province of Nova Scotia and the laws of Canada applicable therein.

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

Proponent or the Proponent's representatives for the purposes of the RFP process. Notwithstanding any such disclosure, the Confidential Information shall remain the sole and exclusive property of Halifax Water and Halifax Water shall retain all right, title and interest in and to the Confidential Information. The Proponent and the Proponent's representatives shall use the Confidential Information solely and exclusively for purposes of the RFP process.

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

Information, neither the Proponent nor the Proponent's representatives shall use the Confidential Information for the purpose of achieving any commercial or financial benefit. In addition, neither the Proponent nor the Proponent's representatives shall publish, reproduce, copy, disseminate or disclose the Confidential Information to others without Halifax Water's prior written consent, which consent may be withheld for any reason.

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

Freedom of Information and Protection of Privacy Act on the basis that it will include information about Halifax Water's security systems and its disclosure has the potential to pose a significant risk to public health and safety.

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

and to its representatives and of the location of such Confidential Information. The Proponent shall make every reasonable effort to secure the Confidential Information and the Proponent shall return all Confidential Information provided to the Proponent and its representatives immediately to Halifax Water upon request and in any event immediately upon completion or cessation of the RFP process. The Proponent shall submit a statement in this RFP explicitly detailing the measures proposed to achieve this confidentiality and confirming a commitment to Halifax Water's information security. The Proponent's statement shall include a commitment to ensuring that all its representatives will comply with and are bound by the terms and conditions of this confidentiality commitment.

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6.17 Police Record Check All contractors, Proponents and their employees working for Halifax Water must obtain a “Police Record Check” (PRC). The process for obtaining PRCs is outlined in Appendix C.

6.18 COVID-19 Be advised that during the COVID-19 pandemic, various travel restrictions and safety precautions have been implemented by the Nova Scotia and Canadian governments, as well as Halifax Water. Travel to, from and within Halifax Water facilities may be restricted during this time and will be subject to enhanced safety measures and procedures.

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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. Contact Jonathan MacDonald, the Halifax Water Project Manager, at (902) 818-0913 ([email protected]) to arrange a time to view the materials. Proponents will be required to sign a non-disclosure agreement to receive relevant electronic excerpts from the 2019 Dam Safety Review to aid in their proposal responses.

Report Title Proponent Date

2019 Dam Safety Review Meco/J.L Richards July 23, 2020

Halifax Water will provide information from its files to the Proponent. The 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 flow monitoring records

• Work completed to date by Halifax Water staff including field notes, file notes and correspondence, etc.

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APPENDIX B

STANDARD FORM OF CONTRACT

CONSULTING SERVICES CONTRACT

SEE ATTACHED

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Dated this ______ day of ______________________________, 20_____.

CONSULTING SERVICES CONTRACT

Halifax Regional Water Commission (Halifax Water)

and

XXXXXXXXXXX (Consultant)

(collectively, the Parties)

IN CONSIDERDATION OF the mutual promises set forth in this Contract, the Parties agree as follows:

Interpretation

1. Definitions:

a. “Address for Service of Notice” means the addresses for each Party noted in Appendix C.

b. “Business Day” means every day except Saturday, Sunday and statutory holidays in Nova Scotia.

c. “Change Order” means a written amendment to the Scope of Work that has been signed and consented to by the Parties and includes the following:

i. details of the change to the Scope of Work;

ii. any changes to the Pricing Schedule; and

iii. any changes to the timing of deliverables and/or the schedule of the work.

d. “Confidential Information” includes, without limitation, information, documents, specifications, discussions, images and data that is confidential, proprietary, or otherwise not generally available to the public. Confidential Information may be found in policies, practices, memoranda, intellectual property, drawings, plans, financial information, strategic directions or other sources. For further clarity, Confidential Information does not include:

i. information which is or, during the term of this Contract, becomes generally available to the public, other than as a result of a disclosure by Receiving Party;

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ii. information which was known to the Receiving Party as non-confidential information prior to it being provided by the Disclosing Party;

iii. information which becomes available to the Receiving Party on a non-confidential basis; or

iv. information developed during the term of this Contract by either Party, which does not reference Confidential Information.

e. “Consultant” means the Consultant and includes their directors, officers, employees, consultants, agents and representatives.

f. “Consultant Documents” means drawings, plans, models, designs, specifications, reports, photographs, computer software proprietary to the Consultant, surveys, calculations and other data, which are otherwise used in connection with this Contract and which were prepared by or on behalf of the Consultant and/or are instruments of service for the Scope of Work.

g. “Contract” means this Consulting Services Contract, including any appendices. h. “Disclosing Party” means the Party that discloses Confidential Information. i. “Party” means Halifax Water or the Consultant, as applicable, and includes their

directors, officers, employees, consultants, agents and representatives. j. “Pricing Schedule” means the pricing schedule and/or unit costs set out in

Appendix B and includes:

i. all materials, equipment, labour, applicable taxes, overhead and profit provided in accordance with this Contract;

ii. the cost of all installations carried out by parties other than the Consultant; and

iii. refunds or sales tax exemptions on any materials or equipment, or both.

k. “Receiving Party” means the Party that receives Confidential Information.

l. “Reimbursable Expenses” means those expenses that are payable by Halifax Water to the Consultant in accordance with Halifax Water policies and procedures.

m. “Scope of Work” means the scope of work, goods and/or services and term of

Contract set out in Appendix A. n. “Total Performance of the Work” is the date on which Halifax Water confirms in

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writing that it is satisfied that:

i. the Scope of Work has been successfully commissioned;

ii. Halifax Water staff have been adequately trained in all matters of operation and maintenance relative to this Contract, where applicable;

iii. All applicable inspections have been completed; and

iv. the Consultant has delivered all Consultant Documents and required operation and maintenance manuals, where applicable.

Objectives

2. Halifax Water is engaging the Consultant for the purpose of fulfilling the Scope of Work.

3. Subject to the terms and conditions of this Contract, the Parties agree to fulfill their respective duties set out in the Scope of Work.

Confirmations

4. The Consultant confirms that:

a. the Consultant is properly incorporated, validly existing, in good legal standing, and has the full capacity and authority to enter into this Contract;

b. the Consultant has all necessary approvals, licenses, registrations and permits required by law to fulfill the terms of this Contract;

c. the Consultant has the necessary knowledge, experience and skills to perform and discharge its obligations hereunder in a diligent, prudent, timely and efficient manner;

d. the Consultant has undertaken all reviews and inquiries necessary to understand and appreciate the Scope of Work;

e. any information, service and/or Consultant Document(s) provided by the Consultant is true, accurate, free from defects and deficiencies, complete in all material respects, and shall accomplish the purposes intended;

f. the Consultant is bound by any relevant legislation, in addition to any obligations pursuant to this Contract;

g. any duties and obligations imposed on the Consultant by this Contract, and the rights and remedies available to the Consultant, will be in addition to and not a

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limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law on the Consultant;

h. the Consultant shall interpret building codes and by-laws as they apply to the Scope of Work at the time of design and as the Scope of Work progresses;

i. the Consultant agrees that Halifax Water will not compensate the Consultant for any additional services required in order to conform to different or alternate interpretations of building codes and by-laws, however Halifax Water will compensate the Consultant for any additional services required in order to conform to changes to building codes and by-laws;

j. the Consultant shall, at its own expense and promptly, correct any work performed, or omitted to be performed pursuant to this Contract, by either the Consultant or any sub-consultant which is not in accordance with this Contract and/or the Scope of Work;

k. the Consultant shall rectify and make good or cause to be rectified and made good all defects or deficiencies in any design, plan or specification for the Scope of Work which are detected or discovered, including those in respect of which the Consultant has been provided notice by Halifax Water;

l. the Consultant shall not place itself in a conflict of interest or a position that jeopardizes its ability to comply with the terms of this Contract, however, for greater clarity the Consultant is free to perform services for other parties while performing services for Halifax Water; and

m. the Consultant shall not accept a commission or other compensation from a manufacturer, supplier or contractor involved in the Scope of Work. The Consultant shall declare to Halifax Water any financial interest in the materials or equipment specified or recommended by the Consultant as part of the Scope of Work.

5. 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.

Priority of Documents

6. If there is any discrepancy between the wording of two or more of the following documents, the wording of the document which appears first on the following listing shall prevail:

a. This Contract (excluding Appendices D and E).

b. Appendix D – the procurement solicitation.

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c. Appendix E – the Consultant’s submission.

Payment

7. The Consultant agrees to invoice Halifax Water via email at [email protected] for fees in accordance with the Pricing Schedule and reimbursable expenses, including applicable taxes, detailing:

a. The Consultant’s name, address, and the date the invoice was prepared;

b. The goods and/or services supplied, including a total for the invoice and a grand total for the project;

c. The project name and number, where applicable;

d. A percentage calculation of the total work, where applicable;

e. The applicable period of time in accordance with this Contract;

f. Where applicable, expenses and disbursements itemized separately and in accordance with Halifax Water policies and procedures, and

g. Any such other information as directed by Halifax Water.

8. Halifax Water agrees to pay the Consultant within thirty (30) days of receipt of an approved invoice in accordance with this Contract.

9. Notwithstanding the Pricing Schedule, Halifax Water may increase or reduce amounts owing to the Consultant for amounts that reflect:

a. approved Change Orders;

b. any portion of the Scope of Work that is performed by Halifax Water;

c. deletions made by Halifax Water from the Scope of Work; and

d. monetary damages or set offs retained by Halifax Water from the Consultant with respect to the Scope of Work;

10. In the event Halifax Water disputes any or all fees and/or Reimbursable Expenses invoiced by the Consultant, Halifax Water will pay the uncontested portion within the prescribed time. Disputes regarding invoices will be resolved in accordance with the dispute resolution provisions of this Contract.

11. Halifax Water may demand at any time during this Contract:

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a. statutory declarations verifying payment of any sub-consultants or other sums owing by the Consultant in connection with this Contract;

b. reports from the Consultant on the progress or status of the Scope of Work at any time, in any format;

and the Consultant shall comply with all reasonable demands. Halifax Water may withhold payment of invoices if the Consultant does not comply with a demand pursuant to this section.

12. Except as permitted in the Pricing Schedule, Halifax Water will make no partial payment towards the completion of reports. Payment for such tasks will be made upon acceptance of a 100% complete report.

13. Halifax Water will reimburse the Consultant using an electronic payment system. The Consultant agrees to provide Halifax Water with accurate financial information. The Parties agree that any changes to the payment terms of this Contract, including the Consultant’s financial information, must be made in writing on consent via the Address for Service of Notice.

14. The Consultant shall maintain records of fees and Reimbursable Expenses invoiced to Halifax Water using generally accepted accounting methods, which shall be made available for inspection and audit by Halifax Water at a mutually convenient time during the term of this Contract and for a period of up to two (2) years following Total Performance of the Work.

15. If the Consultant’s work is referable to a particular piece of property, Halifax Water will pay invoices up to a maximum of 90% of the fee quoted for a particular phase or component of the Scope of Work with the balance of the fee payable upon completion of the phase or component in question, all in accordance with the Builder’s Lien Act (Nova Scotia).

Change Orders

16. Halifax Water may, at any time direct the Consultant to proceed with a change to the Scope of Work that Halifax Water, in its sole discretion, deems necessary or beneficial.

17. The Consultant may request changes to the Scope of Work by providing Halifax Water with a written description of the proposed change(s), which shall include details of the change(s) and any impact on price and/or schedule. Halifax Water shall respond to the requested change without unreasonable delay.

18. Upon agreement of a request for changes, the Parties shall execute a Change Order, which upon execution, becomes a part of this Contract.

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Sub-Consultants

19. The Consultant shall obtain the approval of Halifax Water for any sub-consultants prior to engaging those sub-consultants in any work. Any such approval provided by Halifax Water shall not relieve the Consultant of any obligations pursuant to this Contract.

20. The Consultant shall require all sub-consultants to comply with this Contract.

21. The Consultant shall coordinate the activities of any and all sub-consultants and pay any and all sub-consultants in accordance with relevant legislation.

Safety

22. The health and safety of all personnel working on this project is of utmost importance to Halifax Water. In addition to governing law the Consultant shall, at a minimum, comply with the sections of Halifax Water’s Occupational Health & Safety Program Manual and policies that apply to contractors, as amended from time to time.

23. If requested by Halifax Water, the Consultant shall submit to Halifax Water a place of work safety plan(s) prior to commencement of any work and for the duration of the project.

24. The Consultant must follow work-safe procedures for incident/near miss reporting and inspection processes. The Consultant must immediately report all incidents and near misses to Halifax Water.

Confidentiality

25. The Parties acknowledge that they may disclose to and receive from each other Confidential Information, in connection with the Scope of Work. The Parties agree that when disclosing or receiving Confidential Information:

a. the Receiving Party shall keep Confidential Information strictly confidential and safeguard it from unauthorized disclosure;

b. Confidential Information may be disclosed to the Receiving Party’s affiliates,

directors, officers, employees, consultants, subconsultants and agents, but only where necessary in and in accordance with this Contract;

c. Confidential Information shall not be used by the Receiving Party for any

purpose other than in accordance with this Contract; d. if the Receiving Party is requested or required to disclose Confidential

Information, the Receiving Party shall promptly notify the Disclosing Party, and where the Disclosing Party has not consented to disclosure, the Receiving Party will only disclose such Confidential Information as required by law;

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e. Confidential Information will remain the property of the Disclosing Party; f. Confidential Information, including any copies thereof, will be returned to the

Disclosing Party immediately upon request or at the expiration of this Contract, whichever comes first;

g. the Receiving Party shall not retain any copies of Confidential Information, unless

required by law or regulatory practice; and h. the Receiving Party acknowledges and agrees that money damages would not be

a sufficient remedy for any breach of this section by the Receiving Party and the Disclosing Party shall be entitled to specific performance and injunctive relief as remedies for any such breach. Such remedies will not be the exclusive remedies for a breach of this section by the Receiving Party but will be in addition to all other remedies available at law or in equity to the Disclosing Party.

Copyright and Intellectual Property

26. Halifax Water shall retain all right, title and interest in any reports or documents generated pursuant to the Scope of Work, whether or not this Contract is terminated prior to Total Performance of the Work. This includes reproducible and electronic copies. Halifax Water shall have an unrestricted right to use any reports or documents for any purpose it deems necessary, whether in connection with this Contract or otherwise.

27. Unless otherwise provided in this Contract, the Consultant shall retain all right, title and interest in any Consultant Documents created prior to the commencement of this Contract.

Insurance

28. The Consultant shall provide, maintain and pay for any and all insurance covering its obligations under this Contract including, but not limited to:

a. Professional liability insurance covering the services described in this Contract with coverage limits 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, for two years following termination of this Contract or Total Performance of the Work, whichever is later; and

b. Commercial general liability insurance with limits of not less than $5,000,000. The policy shall include Halifax Water as an insured, be continuous from the commencement of this Contract and continue for two years following

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termination of this Contract or Total Performance of the Work, whichever is later.

29. The Consultant shall require each of its sub-consultants to provide, maintain and pay for insurance equivalent in scope and terms to those required of the Consultant pursuant to this Contract.

30. The Consultant shall, upon request, provide Halifax Water with certificates of insurance for itself and/or its sub-consultants.

31. If the Consultant fails to provide, maintain or pay for insurance and/or to provide certificates of insurance pursuant to this Contract, Halifax Water may terminate this Contract or purchase the insurance and deduct such costs from amounts owing to the Consultant pursuant to this Contract.

Indemnity

32. The Consultant shall indemnify and hold harmless Halifax Water from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings, including solicitors fees whether in respect of losses suffered by Halifax Water or in respect to claims by third parties that arise out of or are attributable in any respect to the Consultant’s work under this Contract.

Termination, Default and Force Majeure

33. Halifax Water may terminate this Contract by giving ten (10) days’ notice to the Consultant and the termination shall be effective in accordance with the notice. Upon receiving notice of termination from Halifax Water, the Consultant shall immediately cease its activities under this Contract. If the Contract is terminated pursuant to this section, Halifax Water shall pay the Consultant for work performed to the date of termination, but shall not be responsible for any other losses or damages, including any incidental, consequential, indirect or punitive damages, suffered by the Consultant.

34. Notwithstanding section 35 of this Contract, Halifax Water may terminate this Contract immediately and without prior written notice to the Consultant, if, Halifax Water determines in its sole and unfettered discretion, that the Consultant has:

a. been convicted of any crime or offense;

b. failed to or refused to comply with the policies and procedures of Halifax Water;

c. become bankrupt or insolvent;

d. made a general assignment for the benefit of creditors;

e. had a receiver appointed for all or any substantial part of the assets of the

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Consultant;

f. become the subject of proceedings to wind up or dissolve the Consultant; or

g. engages in serious misconduct in connection with performance of this Contract.

35. If the Consultant materially breaches one or more terms of this Contract, Halifax Water may provide notice to the Consultant of default. The Consultant shall then remedy the default within five (5) days or such longer period of time as agreed to by Halifax Water. If the Consultant fails to remedy the identified default within the stipulated time, or if the default is not correctible, Halifax Water may, without prejudice to any other right or remedy it may have, immediately terminate this Contract.

36. Neither Party shall be considered in default of this Contract nor liable for any damages for a reasonably unforeseeable event beyond the control of such Party, such as natural disasters, epidemics, pandemics, fires, accidents, acts of war, insurrections, riots, acts of terrorism, wildcat strikes, partial or total work stoppages, slowdowns or lock outs. The Party claiming force majeure shall give notice as soon as practical to the other Party and shall use all reasonable efforts to avoid or mitigate the effect of the force majeure event. If the force majeure event continues for more than ninety (90) days, either party may give notice to the other to immediately terminate this Contract.

Dispute Resolution

37. The Parties shall use reasonable commercial efforts to amicably resolve any dispute arising under or in any way related to this Contract. In the event the Consultant and Halifax Water fail to resolve such dispute within ten (10) days, either Party may refer the dispute to non-binding arbitration, mediation or a court of law in a competent jurisdiction for resolution. Except where clearly prevented by a dispute, the Parties shall continue to perform their obligations under this Contract while such dispute is being resolved in accordance with this section.

General Clauses

38. Time shall be of the essence in this Contract.

39. The Consultant is engaged as an independent contractor for the sole purpose of fulfilling this Contract. Neither the Consultant nor any of its personnel is engaged as an employee, servant or agent of Halifax Water.

40. This Contract shall be binding upon the Parties and their respective successors and permitted assigns.

41. The Consultant shall not assign any rights or delegate the performance of any duties under this Contract, without the prior written consent of Halifax Water.

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42. Any reference to currency shall be to Canadian dollars unless otherwise stated.

43. All notices to be given to a Party pursuant to this Contract shall be in writing and delivered to the Address for Service of Notice either personally, by courier, by registered mail, or by electronic mail. Notices shall be deemed to be received on the Business Day following delivery personally, by courier, or by electronic mail, or three (3) Business Days after the date of delivery by registered mail.

44. All of the Consultant’s confirmations and warranties set out in this Contract as well as the provisions concerning insurance, indemnity and confidentiality shall survive for a period of two (2) years from the expiry or termination of this Contract, as shall any other provision of this Contract which, by the nature of the rights or obligations set out therein, might reasonably be expected to be intended to survive.

45. This Contract constitutes the entire and sole agreement between the Parties and supersedes all previous negotiations, communications and other agreements, whether written or oral.

46. If any provisions of this Contract, or any portion thereof, are held to be invalid and unenforceable, then the remainder of this Contract shall nevertheless remain in full force and effect.

47. Any news release, public announcement, media bulletin, marketing or other general advertisement or publicity, social media post, published material or public speaking engagement to be released or engaged by either Party in connection with this Contract or the Scope of Work must have the prior written approval of the Parties. This provision applies to any sub-consultants engaged by either Party in connection with this Contract.

48. This Contract will be governed by and construed in accordance with the laws of Nova Scotia and is to be performed without regard to conflict of laws principles. Any arbitration, mediation or court proceeding shall take place in Halifax, Nova Scotia.

49. No failure or delay in exercising any term of this Contract will operate as a waiver, nor will any single or partial exercise preclude exercising any term of this Contract.

50. This Contract may be modified only in writing with the consent of both Parties.

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51. This Contract may be executed in multiple counterparts, each of which shall be deemed to be an original for all purposes. This Contract may be executed by facsimile or reproductive signature and the Parties shall recognize such execution as valid and binding execution.

SIGNED, SEALED AND DELIVERED, on the date written above, by:

Witnessed by: __________________________________ Name: ____________________________ __________________________________ Name: ____________________________

Halifax Regional Water Commission

Name: ___________________________ Title: ____________________________

NTD DELETE SECOND SIGNATURE LINE IF VALUE LESS THAN $5M

Name: ___________________________ Title: ____________________________

XXXXXXXXXXX

Name: ___________________________ Title: ____________________________

Name: ___________________________ Title: ____________________________

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APPENDIX A

Scope of Work

Procurement Project No.

Project Name

Location of Work

Halifax Water Staff Contact

Name:

Email:

Phone:

Consultant Contact

Name:

Email:

Phone:

Term of Contract

Begin:

End:

Option to Extend: NTD ONLY APPLICABLE IF THERE ARE AUTOMATIC RENEWALS/EXTENSIONS. OTHERWISE DELETE.

Sub-Consultants

NTD FOR PROCUREMENT OFFICER/PROJECT MANAGER: IF THE SCOPE OF WORK INCLUDES CONSTRUCTION ADMINISTRATION, INCLUDE THE FOLLOWING:

The Scope of Work includes the Consultant providing construction administration services. The following provisions apply to the Consultant:

CAS1. Construction administration services provided by the Consultant are for the benefit of Halifax Water.

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CAS2. Notices, instructions, requests, claims or other communications between Halifax Water and consultants, contractors and/or sub-contractors will be made by or through the Consultant, unless Halifax Water determines otherwise.

CAS3. The Consultant will coordinate activities of any other consultants, contractors and/or sub-contractors retained for the purpose of fulfilling the Scope of Work.

CAS4. The Consultant will visit the location of the work as needed and/or as requested by Halifax Water, for the purpose of assessing and ensuring that other consultants, contractors and/or sub-contractors are carrying out the Scope of Work in accordance with this Contract.

CAS5. The Consultant will interpret and make findings on all claims made by either Halifax Water or other consultants, contractors and/or sub-contractors on matters relating to the interpretation of the Consultant Documents.

NTD FOR PROCUREMENT OFFICER/PROJECT MANAGER: IF THE SCOPE OF WORK INCLUDES THE REQUIREMENT FOR CERTIFICATIONS, INCLUDE THE FOLLOWING:

The Scope of Work includes the requirement for the Consultant to issue certifications. The following provisions apply to the Consultant:

CERT1. Any and all certifications issued by the Consultant shall be issued with the degree of care, skill, and diligence normally provided by consultants issuing comparable certifications in respect of projects of a similar nature to that contemplated by this Contract, based upon data reasonably available to the Consultant.

CERT2. Issuance by the Consultant of a certificate for payment constitutes a representation by the Consultant to Halifax Water that, to the best of the Consultant 's information and belief:

a. the work has progressed to the value indicated;

b. the work conforms with the Scope of Work and this Contract; and

c. payment is authorized for the amount certified to the appropriate party.

CERT3. The Consultant's issuance of a certificate for payment is subject to:

a. review and evaluation of the work for general conformity with the Scope ofWork and this Contract;

b. the results of any required tests;

c. correction of deviations detected prior to or after completion of the work that isthe subject of the certificate for payment; and

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d. any specific qualifications stated in the certificate for payment.

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NTD FOR PROCUREMENT OFFICER/PROJECT MANAGER RE DETAILS OF SCOPE OF WORK:

DETAILS OF GOODS AND/OR SERVICES TO BE PROVIDED

DELIVERABLES AND SCHEDULE

INCLUDE WARRANTY INFORMATION

BEST PRACTICES:

WRITE AN INTRODUCTION/OPENING THAT A PERSON KNOWING NOTHING ABOUT UTILITYWORK WOULD BE ABLE TO UNDERSTAND. THERE SHOULD BE A SENTENCE OR TWO AT THEOUTSET THAT CONCISELY DESCRIBE THE PROJECT. (E.G. HALIFAX WATER IS BUILDING AN OPERATIONS

DEPOT IN BURNSIDE BUSINESS PARK. THE CONSULTANT WILL PROVIDE EXPERTISE AND ADVICE ON THE BUILDING

DESIGN).

IF USING ACRONYMS, BE SURE TO DEFINE EACH ACRONYM AT LEAST ONCE (E.G. THE CONSULTANT

WILL REPORT TO THE HALIFAX WASTEWATER TREATMENT FACILITY (WWTF) AND THE DARTMOUTH WWTF EACH

DAY…).

BE AS SPECIFIC AS POSSIBLE. IF THE PROJECT OR ASPECTS OF IT ARE LESS CLEAR, TRY TO GIVESOME DEFINED PARAMETERS TO HELP PEOPLE NAVIGATE THEIR WAY THROUGH (E.G. HALIFAX

WATER MAY REQUIRE THE CONSULTANT TO PROVIDE INSPECTION SERVICES. HALIFAX WATER WILL ADVISE THE

CONSULTANT X DAYS IN ADVANCE OF ANY SUCH SERVICES BEING REQUIRED AND THE CONSULTANT AGREES TO

PROVIDE THOSE SERVICES IN ACCORDANCE WITH THE CONSULTANT’S SUBMISSION.)

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APPENDIX B

Pricing Schedule

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APPENDIX C

Address for Service of Notice

Halifax Water:

450 Cowie Hill Road P.O. Box 8388, RPO CSC Halifax, Nova Scotia B3K 5M1

Attention: Procurement Manager Email: [email protected]

Consultant:

Attention: Email:

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APPENDIX D

Procurement Solicitation

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APPENDIX E

Consultant’s Submission

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RFP# P25.2021

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APPENDIX C

PROCESS FOR OBTAINING POLICE RECORD CHECK FOR CONTRACTORS/CONSULTANTS

1. All contractors, consultants and their employees working for Halifax Water must obtain a “Police RecordCheck” (PRC). Questions about this process may be directed to [email protected].

2. It is the responsibility of the Halifax Water staff member that engages a contractor/consultant to ensurethat a PRC is conducted.

3. To obtain a PRC, contractors or consultants will follow one of the approaches below:

a) Online using “Backcheck” (Preferred Approach):i. Go online to http://backcheck.net/hrwc/ and create a personal account with

mybackcheck.ii. The contractor or consultant must verify their identification by:

• verifying their ID either online by answering a questions regarding their credithistory; or,

• in person at any of the 5000 participating Canada Post locations nationwide.iii. Once identification is verified, the Police will complete the PRC.iv. The individual will receive an email indicating the results are in. They must login to

their mybackcheck account and choose to “Share” the results with Halifax RegionalWater Commission, indicating:

• the organization that employs them;• the Halifax Water Project Manager• the name of the project to which the PRC relates.

b) Alternate paper-based approach (Not Preferred):v. The contractor or consultant must book an appointment to visit their local Police

Department to request a PRC.vi. Once completed, the result of the PRC should be sent via mail to the address below

indicating:• the organization that employs them;• the Halifax Water Project Manager; and,• the name of the project to which the PRC relates.

Halifax Water Safety & Security Dept. PO Box 8388, RPO CSC

Halifax, NS B3K 5M1

c) An FBI record check is acceptable for residents of the United States.

4. The Safety & Security Department will notify the Halifax Water Project Manager who requested the PRCwhether the contractor/consultant has received clearance.

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RFP# P25.2021

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June 2021

5. If a contractor/consultant requires Card Access to a Halifax Water facility(s) the Project Manager willschedule an appointment with the Human Resources Department to have a Contractor Card created andaccess granted, based on the contractors/consultant’s needs.

6. Certain contractors/consultants, depending on the work or services they are providing, may require afingerprint-based check. Halifax Water reserves the right to request fingerprints where applicable.

7. All contractors, consultants and their employees are required to renew their PRC every 3 years.

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RFP# P25.2021

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APPENDIX D

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 14001-16 (ISO 14001:2015).

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 RFP. The scope of this EMS is formally stated as follows:

“The J. Douglas Kline WSP, the Lake Major WSP, the Bennery Lake WSP, the Herring Cove WWTF, Dartmouth WWTF, Halifax WWTF, Eastern Passage WWTF and the Mill cove WWTF - facilities owned and operated by the Halifax Regional Water Commission. The EMS encompasses plant operations including 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 the Herring Cove, Dartmouth, Halifax, Eastern Passage and Mill Cove wastewater treatment plants, and is committed to operating the facility and conducting associated operations in a manner which ensures implementation of these policy commitments. The policy has been endorsed by the General Manager of Halifax Water, and will be circulated to all staff and personnel working on behalf of Halifax Water.

Environmental aspects have been developed based on Halifax Water’s EMS scope and environmental policy that can have significant impact on the environment. Halifax Water shall ensure that any person performing tasks on its behalf will comply with the scope and the environmental policy.