Procurement Services 450 Cowie Hill Rd. P.O. Box 8388 RP0 CSC Halifax, NS B3K 5M1 Telephone: (902) 490-4998 REQUEST FOR PROPOSAL #P09.2020 JD Kline WSP –Low Lift Pump Replacement Sealed bids submitted on the included bid form on a vendor identified envelope marked: “RFP# P09.2020 – “JD Kline WSP – Low Lift Pump Replacement” Addressed to: Halifax Water Attn: Brent Hickman 450 Cowie Hill Road P.O. Box 8388 RP0 CSC Halifax, NS B3K 5M1 Will be received until 2:00 p.m. Atlantic Time, Thursday, April 2, 2020 for the above RFP as per the specifications and terms and conditions. Check for changes to this request – Before submitting your bid, visit the Provincial Government Web Portal at www.novascotia.ca/tenders to see if any Addenda detailing changes have been issued on this proposal. Changes may be posted up until the proposal closing time. It is the bidders’ responsibility to acknowledge and take into account all Addenda. Bidders shall be solely responsible for the delivery of their bids in the manner and time prescribed. Bids received after the date and time specified shall be rejected. Electronic and facsimile bids are not accepted. The lowest or any submission will not necessarily be accepted. RFP Issue Date – March 10, 2020
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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
#P09.2020
JD Kline WSP –Low Lift Pump Replacement
Sealed bids submitted on the included bid form on a vendor identified envelope marked:
4.4 Tender Phase Services .............................................................................................. 9 4.5 Construction Management/Administration (from end of tender phase to completion
of project) ........................................................................................................................... 10
4.6 Submittal Review Process ...................................................................................... 10 4.7 Inspection by the Engineer(s) of Record ................................................................ 11
5.2 Proposal Evaluation ................................................................................................ 23 5.3 Selection Process .................................................................................................... 24 5.4 Award ...................................................................................................................... 24
6.0 GENERAL INFORMATION ......................................................................................... 24
6.1 Proponent Responsible for Proposal / No Reliance on Halifax Water ................... 24 6.2 Rights of Halifax Water .......................................................................................... 24
6.3 No Liability ............................................................................................................. 25 6.4 Disclosure of Information and Communication Procedures ................................... 26 6.5 Costs and Expenses of the Proponent ..................................................................... 26 6.6 Clarification of Proposals ....................................................................................... 26
6.7 No Conflict of Interest ............................................................................................ 27 6.8 No Interest in Another Proponent ........................................................................... 27 6.9 Standard Form of Contract ..................................................................................... 27 6.10 Proponents to Ensure They Understand the Contract ............................................. 27 6.11 Waiver / No Reliance .............................................................................................. 27 6.12 False or Misleading Information ............................................................................. 28 6.13 Compliance with Applicable Law .......................................................................... 28
6.14 Time to be of the Essence ....................................................................................... 28
JD Kline WSP Raw Water Pumping Station Optimization Study CBCL November 2018
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.
JD Kline WSP – Low Lift Pump Replacement
Page No. 31
RFP# P09.2020 March 2020
APPENDIX B
STANDARD FORM OF CONTRACT
Engineering Agreement
SEE ATTACHED
ENGINEERING AGREEMENT
THIS AGREEMENT made this ____ day of ___________, 201__.
BETWEEN:
HALIFAX REGIONAL WATER COMMISSION (hereinafter called "Halifax Water")
OF THE FIRST PART
AND:
[●] (hereinafter called the "Engineer")
OF THE SECOND PART
Halifax Water and Engineer agree as follows:
ARTICLE 1 THE SERVICES
1.1 Services
The Engineer will provide Services in connection with the following Project:
[NTD: Insert here section 3. Scope of Work from RFP in question]
1.2 Place of Work
The location of the Project (the "Place of Work") shall be [NTD: insert the address, location or other appropriate description of the place whether the Work is to be performed]
1.3 Engineer's Scope of Services
The Engineer will provide Services for the Project in accordance with Schedule C – Engineer's Scope of Services. Any change to the Services listed in Schedule C – Engineer's Scope of Services will be made in writing signed by both parties identifying the change plus adjustments, if any, to the Engineer's Fees and Reimbursable Expenses and time for completion of the Services.
ARTICLE 2 AGREEMENT AND AMENDMENTS
2.1 Entire Agreement
This Engineering Agreement embodies the entire agreement between Halifax Water and the Engineer with respect to the Work and the Project, and supersedes all prior agreements
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between them, whether written or oral, respecting the Services. No other terms, conditions, or warranties, whether express or implied, form a part of this Engineering Agreement.
2.2 Definitions
Capitalized words and phrases used herein shall, for all purposes of this Agreement and the Schedules hereto (unless there is something in the subject matter or context inconsistent therewith or unless otherwise defined herein), have the meaning set out in Schedule A to this Agreement.
2.3 Headings
Headings, recitals and the provision of a table of contents are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
2.4 References
Unless otherwise expressly stated, reference herein to a Schedule or to an Article, Section, subsection, clause, subclause, or other subdivision is a reference to such Schedule to this Agreement or to such Article, Section, subsection, clause, subclause, or other subdivision within this Agreement.
2.5 Parties
References in this Agreement to the "parties" shall mean the parties to this Agreement and a reference to a "party" shall mean one (1) of the parties to this Agreement.
2.6 Number and Gender
Words importing the singular only shall include the plural and vice versa, words importing any gender shall include other genders and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organizations and corporations and vice versa.
2.7 Statutes and Regulations
Any reference in this Agreement to all or any part of any statute, regulation, by-law or other legislative enactment shall, unless otherwise expressly stated, be a reference to that statute, regulation, by-law or legislative enactment or relevant part thereof as amended, substituted, replaced or re-enacted from time to time.
2.8 Monetary References
Whenever an amount of money is referred to herein, such amount shall, unless otherwise expressly stated, be deemed to be Canadian dollars.
2.9 Time
Time shall be of the essence of this Agreement. If the last day of any period of days set out herein falls on a day which is not a Working Day, such period of days shall be extended to the first Working Day immediately following the last day of such period of days. If anything herein
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falls to be done or held on a day which is not a Working Day, the same shall be done or held on the next succeeding Working Day.
2.10 Authority
Where reference is made to a direction, response, act, decision, determination, consent, waiver, approval, notice, request or other communication of Halifax Water that is required or that may be done, performed or carried out by Halifax Water pursuant to this Agreement, it may be so done, performed or carried out by the Halifax Water Project Manager or such other Person or Persons as may be authorized by Halifax Water to act in his stead and any such Person or Persons or any other Persons who may be designated from time to time as Halifax Water Project Manager for the purposes of the Project Agreement by notice from Halifax Water to the Engineer in accordance with this Agreement.
2.11 Discretion
Where reference is made to a direction, response, act, decision, determination, consent, waiver, approval, notice, request or other communication of Halifax Water or to matters which must be satisfactory to Halifax Water, then, unless otherwise expressly stated, that matter is to be conducted or carried out at the sole discretion of Halifax Water, subject to Halifax Water's obligation to act in good faith and reasonably.
2.12 Amendments in Writing
No amendment, variation or waiver of the provisions of this Agreement shall be effective unless made in writing and signed by each of the parties hereto, either individually by counterpart or collectively. Any amendment, variation or waiver shall take effect on the date specified in the amendment, variation or waiver or, if not so specified, on the date on which the last party executes and delivers the amendment, variation or waiver.
2.13 Assignment
Neither party may assign this Engineering Agreement in whole or part without the written consent of the other, which consent will not be unreasonably withheld.
2.14 Severability
If any provision of this Engineering Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be severed from this Engineering Agreement and the other provisions of this Engineering Agreement will remain in full force and effect.
2.15 No Waiver
(a) Any waiver by any party of all or any part of any provision, or the breach of any provision of this Agreement shall affect only the matter specifically identified in the instrument granting the waiver and shall not extend to any other matter, provision or breach.
(b) Any waiver by any party of all or any part of any provision, or the breach of any provision of this Agreement shall extend only to the party to whom such waiver is
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expressly granted and shall not be construed as a waiver in favour of any other party in respect of such provision or breach and shall not prejudice the rights of any other party from insisting upon performance of such provision.
(c) The failure of any party to give notice to the other party, or to take any other steps in exercising any right in respect of the breach or non-fulfilment of any provision of this Agreement, shall not operate as a release or waiver of that right or as a release of the other party from its obligations and liabilities nor shall any single or partial exercise of any right preclude any other or future exercise of that right or the exercise of any other right, whether in law or in equity or otherwise.
ARTICLE 3 ENGINEERING AGREEMENT DOCUMENTS
3.1 Schedules
The following sections and documents form part of and are incorporated into the Engineering Agreement and are known, collectively as the "Engineering Agreement Documents":
(a) Schedule A – Definitions;
(b) Schedule B - General Conditions;
(c) Schedule C - Engineer's Scope of Services;
(d) Schedule D - Fees and Reimbursable Expenses; and
(e) Schedule E – Engineer's Proposal.
ARTICLE 4 FEES AND REIMBURSABLE EXPENSES
4.1 Fees for the Services of the Engineer
The Fees for the Services of the Engineer are set forth in Schedule D - Fees and Reimbursable Expenses.
4.2 Reimbursable Expenses
Reimbursable Expenses are the costs and charges identified in Schedule D – Fees and Reimbursable Expenses that are incurred by the Engineer in performing the Services.
ARTICLE 5 PAYMENT
5.1 Payment
Halifax Water will pay to the Engineer the Fees and Reimbursable Expenses set out in this Engineering Agreement.
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5.2 Monthly Invoices
The Engineer will issue monthly invoices for Fees and Reimbursable Expenses, together with Applicable Taxes, which must detail:
(a) the period of the Work applicable to the invoice;
(b) a detailed breakdown by task of the personnel involved, hours worked for the current period and hourly rates of each person involved which is consistent with the time task matrix provided in the contract. For each task provide the total value for previously invoiced work and a grand total to the end of the invoicing period;
(c) by task the percentage calculation of the Work completed; and
(d) expenses, disbursements and applicable taxes, separately itemized. Copies of original receipts which provide an itemized breakdown for airline travel, meals, accommodations, etc., must be provided in order for the Engineer to receive reimbursement for expenses.
Invoices shall be submitted to:
Jonathan MacDonald, P.Eng Project Manager Halifax Regional Water Commission PO Box 8388 RPO CSC 450 Cowie Hill Road P.O. Box 8388, RP0 CSC Halifax, NS B3K 5M1
5.3 Excluded Expenses
Unless specifically agreed upon within the contract Halifax Water will not reimburse for expenses associated with computer hardware, computer software, communication devices and digital cameras.
5.4 Project Updates
The submission of the required written project updates are a mandatory project requirement. Halifax Water will withhold invoice payment if these updates are not provided.
5.5 Payment for Record Information Package
Halifax Water will make no partial payment toward the completion of the Record Information Package task. Payment for this task will be made upon acceptance of a 100% complete Record Information Package.
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5.6 Invoices in Excess of Fees and Reasonable Expenses
Invoices for amounts exceeding the Fees and Reasonable Expenses set forth herein shall not be approved or processed unless Halifax Water has provided its consent in writing prior to the Work in relation thereto being undertaken.
5.7 Maximum Payment
Unless otherwise agreed in writing, Halifax Water will pay invoices up to a maximum of 90% of the fee quoted for a particular phase or component of the Work with the balance of the fee payable upon completion of the phase or component in question.
5.8 Disputed Payments
In the event Halifax Water disputes a portion of the Fees and Reimbursable Expenses invoiced by the Engineer, Halifax Water will pay the uncontested portion within the prescribed time. Disputes regarding Fees and Reimbursable Expenses of the Engineer will be resolved in the manner specified in Part 15 - Dispute Resolution.
5.9 Timing of Payment
Halifax Water shall pay an invoice within 30 days of receipt of an invoice which is compliant with the requirements of Sections 5.2 and 5.3 above.
5.10 Changes in the Work
(a) Should Halifax Water request a change to the Project or Work which requires the Engineer to provide additional Services beyond those contemplated at the time the Engineering Agreement is signed, before undertaking such additional Services Halifax Water and the Engineer will agree in writing upon the Engineer's remuneration and time for providing the additional Services. Failing an agreement with Halifax Water, Halifax Water will pay the Engineer for the additional Services at the hourly rates set out in Schedule D – Fees and Reimbursable Expenses and any additional Reimbursable Expense incurred, and grant a reasonable extension of time to the Engineer for the performance of the additional Services.
(b) Should Halifax Water, through no fault of the Engineer, request a change to the Project or Work which renders useless a part of the Services already provided, Halifax Water will pay the Engineer in accordance with this Engineering Agreement for Services already provided which the change has rendered useless.
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(c) Should it prove necessary for the Engineer to rework or revise the plans and specifications forming part of the Services for reasons which the Engineer could not reasonably foresee when the Engineering Agreement was signed or owing to the default or the insolvency of Halifax Water or the Contractor or a subcontractor, or as a result of Halifax Water's suspension of the Services or Work on the Project or because of damage to the Project by fire or some other cause, Halifax Water will pay the Engineer or any reworked or revised plans and specifications at the hourly rates set out in Schedule D – Fees and Reimbursable Expenses.
ARTICLE 6 NOTICES
6.1 Delivery
A Notice will be addressed to the recipient at the address set out below. The delivery of a Notice will be by personal delivery or receipted courier delivery. A Notice delivered by one party in accordance with this Engineering Agreement will be deemed to have been received by the other party on the first Working Day after actual delivery. An address for a party may be changed by Notice to the other party setting out the new address in accordance with this Article.
6.2 No E-mail
Although the parties may use electronic communications, for the purposes of general communication, e-mail will not be used for delivery of a Notice.
6.3 Addresses
The addresses for the parties are as follows:
(a) Halifax Water Halifax Regional Water Commission 450 Cowie Hill Road P.O. Box 8388 RP0 CSC Halifax, NS B3K 5M1 Attention: [●]
(b) Engineer
[●]
[NTD: If it is intended that a specific individual or officer must receive the Notice, indicate that individual's name and/or office].
ARTICLE 7 GENERAL
7.1 Language of the Contract
The parties confirm their wish that this Engineering Agreement as well as any other related documents including future amendments, Notices and correspondence be drawn in English.
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Parts of the Engineering Agreement may be included as available in English or in French or both, according to the language or languages in which they originally were drawn.
7.2 Enurement
This Engineering Agreement will enure to the benefit of and be binding upon the parties, and upon their executors, administrators, successors and permitted assigns.
7.3 Counterparts
This Agreement may be executed in any number of counterparts and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.
7.4 Facsimile Signatures
The parties agree that this Agreement may be transmitted by facsimile and the reproduction of signatures by way of facsimile will be treated as though such reproductions were executed originals and each party undertakes to provide the other with a copy of this Agreement bearing original signatures within a reasonable time after the date of execution.
[Balance of this page intentionally left blank]
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IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.
SIGNED, SEALED and DELIVERED ) in the presence of: ) HALIFAX REGIONAL WATER ) COMMISSION ) ) Per: ) ● ) [Title] ) ) Per: ) ● ) [Title] ) ) ) ●[NTD: NAME OF ENGINEER] ) ) ) Per: ) ● ) [Title] ) ) ) Per: ) ● ) [Title] )
SCHEDULE A DEFINITIONS
1. Applicable Taxes
Applicable Taxes means such sum as levied upon the Fee, Reimbursable Expenses and the Work by a Federal, Provincial or Territorial Government and is computed as a percentage of the same and includes the Goods and Services Tax, the Quebec Sales Tax, the Harmonized Sales Tax, and any similar tax, the payment or collection of which is imposed by legislation.
2. Confidential Information
“Confidential Information” means: (a) this Agreement and the discussions, negotiations and proposals related to this Agreement; and (b) information, whether provided directly or indirectly, from a party to the Agreement in writing, verbally, by electronic or other data transmission, or in any other form or media or obtained through on-site visits and whether furnished or made available before or after the date of the Agreement, that is confidential, proprietary or otherwise not generally available to the public, including without limitation, trade secrets, technical information and technology, information about trade techniques and other processes and procedures, financial information and business information, plans and prospects, together with any excerpts, reports or documents prepared by or on behalf of the recipient of the information incorporating, referred to or reflecting, in whole or in part, any portion of any such information. Confidential Information does not include information that is: (i) rightfully known to the receiving party before negotiations leading up to this Agreement; (ii) independently developed by the receiving party without use of, access to, or relying on the disclosing party’s Confidential Information; (iii) part of the public domain through no fault of the receiving party or is lawfully obtained by the receiving party from a third party not under an obligation of confidentiality; or (iv) free of confidentiality restrictions by agreement of the disclosing party.
3. Construction Contract
Construction Contract means the contract between Halifax Water and the Contractor for the performance of the Work by the Contractor.
4. Construction Administration Services
Construction Administration Services means those services, if any, which relate to the administration of the Construction Contract and which are identified as such in Schedule C – Engineer's Scope of Services and which form part of the Services.
5. Construction Contract Documents
Construction Contract Documents means all documents relating to the Work issued by or through the Engineer that are incorporated into the Construction Contract and all variations and modifications issued by or approved by the Engineer.
Schedule A – Definitions 2
6. Construction Contract Time
Construction Contract Time means the period from the Notice to proceed with the Work issued to the Contractor to the completion date of the Work in accordance with the Construction Contract.
7. Construction Cost
Construction Cost means the total cost to Halifax Water of the Work, and includes:
(a) all materials, equipment, labour, Applicable Taxes, Contractor's overhead and profit provided in accordance with the Construction Contract Documents;
(b) the cost of all installations for the Project carried out by parties other than the Contractor;
(c) the cost of all Work carried out under the Construction Contract;
(d) refunds or sales tax exemptions on any materials or equipment, or both;
(e) the cost of Work carried out by direct labour or direct purchase of materials or equipment by Halifax Water at prevailing prices;
(f) the value of new or old materials provided by Halifax Water;
(g) the value of all deletions made by Halifax Water, from the Work after the Engineer has completed a design for the deleted items as part of the Work; and
(h) the value of any monetary damages or set offs retained by Halifax Water from the Contractor with respect to the Work;
but does not include:
(i) Fees and Reimbursable Expenses of Consultant of Halifax Water;
(j) the salary of Halifax Water's representative or other salary and administrative costs of Halifax Water;
(k) the cost of land and any related rights or easements; or
(l) the costs of items, such as equipment, furniture or fixtures that do not form a part of the Construction Contract.
8. Consultant or Consultant Of Halifax Water
Consultant or Consultant of Halifax Water means a professional engineer, architect, or other specialist duly registered or licensed under the laws of Nova Scotia engaged directly by Halifax Water other than the Engineer or Sub-Consultants of the Engineer.
Schedule A – Definitions 3
9. Contractor
Contractor means a person or entity contracting with Halifax Water to perform some or all of the Work.
10. Coordinate or Coordination
Coordinate or Coordination, when referring to the Services of the Engineer, means the management and supervision of communications between the Engineer and a Sub Consultant or a Consultant of Halifax Water.
11. Engineering Agreement or Agreement
Engineering Agreement or Agreement means this agreement between Halifax Water and the Engineer, including all of the documents identified in Section 3.1 and any amendments thereto.
12. Engineering Agreement Documents
Engineering Agreement Documents means the documents listed in Section 3.1 of the Engineering Agreement.
13. Engineering Documents
Engineering Documents means drawings, plans, model, designs, specifications, reports, photographs, computer software proprietary to the Engineer, surveys, calculations and other data, including computer print outs contained in the Construction Contract Documents or which are otherwise used in connection with the Project, and which were prepared by or on behalf of the Engineer and are instruments of Service for the execution of Work.
14. Fees
Fees means those fees that are identified in Schedule D - Fees and Reimbursable Expenses and which are payable by Halifax Water to the Engineer.
15. Hazardous Substances
Hazardous Substances means any toxic or hazardous solid, liquid, gaseous, thermal, or electromagnetic irritant or contaminant, and includes, without limitation, pollutants, moulds, and hazardous and special materials and wastes whether or not defined as such in any federal, provincial, territorial or municipal laws, statutes, or regulations.
16. Notice
Notice means a written communication between the parties that is delivered in accordance with the provisions of Article 6 - Notices. Use of the verb "to notify" means to send a Notice in the above manner.
Schedule A – Definitions 4
17. Place of the Work
Place of the Work means the designated site or location of the Work identified in this Engineering Agreement.
18. Project
Project means the total endeavour contemplated in this Engineering Agreement of which the Services and the Work may be the whole or a part.
19. Project Budget
Project Budget means the estimated cost of the Work, including the Services and other professional services, but excluding expenses relating to site acquisition, promotion and marketing.
20. Project Manager
Project Manager means, Jonathan MacDonald, P.Eng (or their designate) appointed to manage the Project on behalf of Halifax Water.
21. Reimbursable Expenses
Reimbursable Expenses means those expenses that are identified in Schedule D – Fees and Reimbursable Expenses and which are payable by Halifax Water to the Engineer.
22. Services
Services mean those services that are identified in Schedule C – Engineer's Scope of Services.
23. Shop Drawings
Shop Drawings means drawings, diagrams, illustrations, schedules, performance charts, technical brochures, and other data that are to be provided by the Contractor or by others to illustrate details of a portion of the Work.
24. Sub-Consultant or Sub-Consultant of the Engineer
Sub-Consultant or Sub-Consultant of the Engineer means any professional engineer, architect, or other specialist duly registered or licensed under the laws Nova Scotia and engaged by the Engineer to perform a discreet scope of services in connection with the Project but does not include employees of the Engineer or consultants working under a personal services agreement with the Engineer.
25. Substantial Completion
Substantial Completion is the date on which Halifax Water confirms in writing that it is satisfied that: (a) the Project has been successfully commissioned, (b) staff have been adequately trained in all matters of operation and maintenance relative to the Project and (c) the Contractor has delivered all required operation and maintenance manuals, or the information required for inclusion therein.
Schedule A – Definitions 5
26. Substantial Performance of the Work
Substantial Performance of the Work has the meaning given in the Builders' Lien Act, R.S.N.S. 1989, c. 277, as amended.
27. Work
Work means the total construction and related services required by the Construction Contract.
28. Working Day
Working Day means a day other than a Saturday, Sunday, statutory holiday or statutory vacation day that is observed by the construction industry in the Halifax Regional Municipality. Reference to a day, other than a Working Day, indicates a calendar day.
SCHEDULE B GENERAL CONDITIONS
1.0 Agreement Documents
If there is a conflict within the Engineering Agreement, the order of priority of Engineering Agreement Documents, from highest to lowest, will be:
(a) Engineering Agreement;
(b) Schedule A - Definitions;
(c) Schedule B - General Conditions;
(d) Schedule C - Engineer's Scope of Services;
(e) Schedule D - Fees and Reimbursable Expenses; and
(f) Schedule E – Engineer's Proposal.
The documents which make up the Engineering Agreement are complementary, and what is required by any one will be as binding as if required by all.
Words and abbreviations with well-known technical or trade meanings are used in the Engineering Agreement Documents in accordance with such recognized meanings.
References in the Engineering Agreement Documents to the singular will be considered to include the plural as the context requires.
References in the Engineering Agreement Documents to regulations and codes are considered to be references to the latest published version as of the signature date of the Engineering Agreement, unless otherwise indicated.
2.0 Law of the Engineering Agreement; Acknowledgement
2.1 This Engineering Agreement shall be construed in accordance with and governed by the laws in effect in the Province of Nova Scotia.
2.2 Halifax Water acknowledges receipt of sufficient information from the Engineer, including information concerning the Fees and Services of the Engineer, so as to allow Halifax Water to assess the nature, extent and cost of the Services of the Engineer and the obligations which Halifax Water assumes under this Engineering Agreement.
3.0 Rights and Remedies
3.1 Except as expressly provided in the Engineering Agreement Documents, the duties and obligations imposed by the Engineering Agreement Documents and the rights and remedies available thereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.
Schedule B – General Conditions 2
3.2 No failure or delay by any party in exercising any of its rights or remedies hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Except as otherwise provided herein, the rights and remedies of the parties provided in this Engineering Agreement are cumulative and not exclusive of any rights or remedies provided under this Engineering Agreement, by law, in equity, or otherwise.
4.0 Safety
4.1 The Engineer may be requested to administer “Section 5, Contractor Health and Safety” of Halifax Water’s Occupational Health & Safety Program Manual. Section 5 and related forms are attached in Appendix 1 to Schedule B.
4.2 The health and safety of all personnel working on this project is of utmost importance to Halifax Water. In addition to governing law the Engineer is to undertake their work consistent with “Section 5, Contractor Health and Safety” of Halifax Water’s Occupational Health & Safety Program Manual. The Engineer is required to submit to Halifax Water a Place of Work Safety Plan prior to commencement of the work. The Engineer must follow their work safe procedures for incident/Near Miss reporting and inspection processes. The Engineer must immediately report all incidents and Near Misses to Halifax Water.
5.0 Engineer's Obligations
5.1 The Engineer is bound by the legislation governing the Engineer's profession. Nothing in this Engineering Agreement requires the Engineer to derogate from obligations prescribed by law that are binding upon the Engineer.
5.2 The Engineer represents that it has undertaken all reviews and inquiries that it has considered necessary to fully understand and appreciate the scope of the work involved in providing the Services, that it has the necessary skills, experience, know-how, technology and tools to perform the Services, and that it will provide the Services in a prudent, diligent, and workmanlike manner consistent with the best practices in the industry in which the Engineer operates.
5.3 The Services, Engineering Documents and Construction Contract Documents provided under the terms of this Engineering Agreement shall be free from defects and deficiencies and shall accomplish the purposes intended. The Engineer agrees that it shall at its own expense promptly:
(a) correct any work performed, or omitted to be performed, in supplying the Services by the Engineer or any Sub-Consultant which is not in accordance with this Engineering Agreement and the Project requirements;
(b) rectify and make good or cause to be rectified and made good all defects or deficiencies in any design, plan or specification for the Project which are detected or discovered, including those in respect of which the Engineer has been provided Notice by Halifax Water within the time period stipulated in such Notice; and
Schedule B – General Conditions 3
(c) indemnify and save harmless Halifax Water from all costs incurred by or asserted to be owed by Halifax Water in connection with or arising from the Engineer's negligence in the performance of its obligations under this Engineering Agreement, including but not limited to any costs associated with Work performed by the Contractor or any third party which would not otherwise have been incurred but for the Engineer's negligence and which cannot otherwise be utilized in connection with the Project following the correction of the negligence.
5.4 The Engineer agrees that the obligations set forth in Section 5.3 shall remain in effect for three (3) years from the date of Substantial Completion of the Project. The Engineer shall redesign as is necessary and shall cover any costs or damages incurred by Halifax Water arising out of the Engineer's negligence in the performance of its obligations under this Engineering Agreement.
5.5 The Engineer will maintain records of Reimbursable Expenses and time records for Services performed for which the Fee is computed on an hourly basis. These records will be maintained by generally accepted accounting methods and made available to Halifax Water for inspection and audit at mutually convenient times during the term of this Engineering Agreement and for a period not exceeding two (2) years following completion of the Services.
5.6 Halifax Water may demand at any time during the performance of these Engineering Agreement statutory declarations verifying the payment of Sub-Consultants and any other sums owing by the Engineer in connection with this Agreement.
5.7 The Engineer shall: (a) cooperate with Halifax Water and the Contractor in ensuring that safety precautions and programs appropriate for the Work and the Project are implemented and (b) comply in all respects with applicable occupational health and safety legislation and applicable policies of Halifax Water, as they apply to the Engineer, in connection with the Work and the Project.
5.8 The Engineer will not be responsible for:
(a) the performance by the Contractor, subcontractors, suppliers or any other contractors of the Work or for the failure any of them to carry out the Work in accordance with the Construction Contract;
(b) the construction methods, means, techniques, sequences or procedures of the Contractor, subcontractors, suppliers, or any other contractors, nor the control, direction or supervision of them;
(c) acts or omissions of the Consultant of Halifax Water, or the Contractor, Sub-Contractors, suppliers, or any other contractor; and
(d) the advice of any independent expert engaged either by Halifax Water or the Contractor, whether or not recommended by the Engineer.
5.9 The Engineer may engage Sub-Consultants with the prior approval of Halifax Water to enable the Engineer to provide the Services, provided that:
Schedule B – General Conditions 4
(a) the Engineer shall not thereby be relieved of any of its obligations to Halifax Water as set forth in this Agreement;
(b) all subcontracts shall be in writing;
(c) all subcontracts shall include provisions which confirm that they are assignable to Halifax Water;
(d) all subcontracts shall require Sub-Consultants to participate in any dispute resolution process invoked by the parties to this Engineering Agreement, if called upon by Halifax Water or the Engineer to do so; and
(e) copies of all subcontracts shall be provided to Halifax Water upon the termination of this Agreement by Halifax Water.
5.10 The Engineer proposes that the following shall be Sub-Consultants during the term of this Agreement (unless they are replaced by qualified persons acceptable to Halifax Water which acceptance shall not be unreasonably withheld):
(a) [●] [NTD: Insert details]
5.11 The Engineer will coordinate the activities of its Sub-Consultants.
5.12 Halifax Water makes no warranty or representation as to the accuracy or completeness of information and data furnished by it, including information and data originating from a Consultant of Halifax Water.
5.13 The Engineer will not accept a commission or other compensation from a manufacturer, supplier or contractor involved in the Project. The Engineer will have no financial interest in materials or equipment specified or recommended by the Engineer as part of the Services. However, ownership of less than one percent (1%) of the securities issued by a company whose securities are traded on a recognized securities exchange will not be deemed to constitute a financial interest.
5.14 Where the Engineer does not provide Construction Administration Services under this Engineering Agreement but Halifax Water nevertheless requests the Engineer to attend at the Place of the Work for any reason, the Engineer will not incur any liability to Halifax Water for having attended at the Place of the Work unless Halifax Water makes a specific request to the Engineer in writing stating why Halifax Water has requested the Engineer's attendance and the Engineer has agreed to attend for that sole purpose. In such event, the only responsibility of the Engineer will be to respond to Halifax Water's specific request provided such request falls within the mandate and competence of the Engineer.
6.0 Halifax Water's Obligations
6.1 Halifax Water will promptly fulfill all of Halifax Water's responsibilities so as not to impede the Engineer's orderly performance of the Services.
Schedule B – General Conditions 5
6.2 Halifax Water, when so notified by the Engineer, will make available to the Engineer all information or data pertinent to the Project which is reasonably required by the Engineer to perform the Services.
6.3 Should Halifax Water not provide the information required by the Engineer to perform the Services as mentioned in Section 6.2, the Engineer may give Notice to Halifax Water requesting correction of the default. If Halifax Water fails to provide the information within 30 days after receipt of such Notice, or in such other time period as may be subsequently agreed in writing by the parties, the Engineer may terminate this Engineering Agreement upon further Notice to Halifax Water.
6.4 Halifax Water will ensure that Consultants of Halifax Water have adequate professional liability insurance, commensurate with the services they will provide for the Project and the Work.
6.5 Should the Engineer be required to act as the agent of Halifax Water in order to perform some of the services, Halifax Water will authorize the Engineer in writing to act as Halifax Water's agent for such purposes as may be necessary. Where the Engineer acts as Halifax Water's agent pursuant to a written authorization, Halifax Water is responsible for the authorized actions of the Engineer as agent of Halifax Water.
6.6 Halifax Water will promptly consider requests by the Engineer for directions or decisions and diligently inform the Engineer of Halifax Water's direction or decision within a reasonable time so as not to delay the Services.
6.7 Halifax Water, at the request of the Engineer, will furnish reasonable evidence to the Engineer that financial arrangements have been made to fulfill Halifax Water's payment obligations under this Engineering Agreement before signing the Engineering Agreement.
6.8 Halifax Water will notify the Engineer of any material change in Halifax Water's financial arrangements that affect Halifax Water's ability to fulfill Halifax Water's payment obligations under this Engineering Agreement.
6.9 Halifax Water is responsible for obtaining legal advice regarding tenders, requests for a proposal or information, bids, contract awards and the like, regarding the Project. Halifax Water is responsible for decisions relating to the issuance, validity or award of tenders, proposals or bids and for the resulting consequences, even where the Services require the Engineer to review or assist in the preparation of tenders, proposals for bids and the like or to make recommendations regarding them or regarding the qualification or selection of bidders.
6.10 Halifax Water will arrange where necessary for the Engineer's access to the Place of the Work or other required locations to enable the Engineer to perform the Services.
6.11 Halifax Water will designate in writing an individual to act as Halifax Water's representative who will have authority to transmit instructions to and receive information from the Engineer.
6.12 Halifax Water will notify the Engineer as soon as practicable after Halifax Water or Halifax Water's representative becomes aware of any defects or deficiencies in the
Schedule B – General Conditions 6
Services, the Engineering Documents or in the Construction Contract Documents, and the Engineer shall promptly rectify at its own expense any such defect or deficiency within the time period stipulated by Halifax Water.
6.13 Halifax Water will obtain required approvals, licences and permits from municipal, governmental or other authorities having jurisdiction over the Project so as not to delay the Engineer in the performance of the Services.
6.14 Halifax Water will not enter into contracts with Consultants of Halifax Water or Contractors that are incompatible or inconsistent with the Services to be provided under this Engineering Agreement.
7.0 Construction Administration
7.1 This Part 7 – Construction Administration applies only when and to the extent that the Engineer provides Construction Administration Services under Schedule C – Engineer's Scope of Services.
7.2 Construction Administration Services provided by the Engineer are for the benefit of Halifax Water.
7.3 The Engineer will have authority to act on behalf of Halifax Water but only to the extent provided in the Construction Administration Services.
7.4 Halifax Water may modify or extend the duties, responsibilities, and authority of the Engineer as set forth in the Construction Administration Services with the written consent of the Engineer.
7.5 Notices, instructions, requests, claims or other communications between Halifax Water and the Contractor and between Halifax Water and any Consultants of Halifax Water will be made by or through the Engineer, unless Halifax Water notifies the Engineer otherwise.
7.6 The Engineer, in the first instance, will be the interpreter of the requirements of the Engineering Documents and will make findings on all claims made by either Halifax Water or the Contractor under the Construction Contract, and on all matters relating to the interpretation of the Engineering Documents, unless otherwise provided in the Construction Contract.
7.7 The Engineer, if specified in the Construction Administration Services and in the contracts among Halifax Water and its Consultants, will coordinate the activities of the Consultants of Halifax Water.
7.8 The Engineer will visit the Place of the Work as requested by Halifax Water or at such intervals as the Engineer, in the Engineer's judgment, considers to be appropriate relative to the progress of construction in order to enable the Engineer to assess whether the Contractor is carrying out the Work in general conformity with the Engineering Documents. Only Work which the Engineer has reviewed during the construction will be considered to have been assessed. Should the Engineer comment on parts of the Work which the Engineer has not reviewed, the comments of the Engineer must be construed
Schedule B – General Conditions 7
as being assumptions only and must not be relied upon unless Halifax Water notifies the Engineer to review, and the Engineer reviews, the parts of the Work in question.
7.9 The Engineer is not responsible for performance of the Construction Contract. The Contractor is solely responsible for the execution, quality, schedule and cost of the Work.
7.10 The Engineer is not responsible to Halifax Water, the Contractor or any Consultant of Halifax Water for the means, methods, techniques, sequences, procedures and use of equipment for the Project, whether or not reviewed by the Engineer, which are employed by the Contractor or by a Consultant of Halifax Water in executing, designing or administering the Work; or for the services of a Consultant of Halifax Water; or for commissioning and start-up of any facility or equipment; or for health and safety precautions and programs incidental to the Project or to the commissioning and start up of any facility or equipment.
7.11 No acceptance by the Engineer of the Work or of the services of the Consultants of Halifax Water, whether express or implied, will relieve the Contractor or the Consultants of Halifax Water from their responsibility to Halifax Water for the proper performance of the Work or their services.
7.12 Unless otherwise specifically stated within the Engineering Documents or included in the Construction Administration Services, the Contractor's Shop Drawings will be reviewed by the Engineer only for the limited purpose of checking for general conformance with information given and the design concept expressed in the Construction Contract Documents. The Engineer's review of Shop Drawings is not for the purpose of determining the feasibility or constructability of the Work detailed within the Shop Drawings or the accuracy or completeness of:
(a) details of such as dimension and quantities;
(b) instructions for installation or performance of equipment or systems;
(c) Contractor's construction means, methods, techniques, sequences or procedures; or
(d) safety precautions for those engaged in the Work or others at the Place of the Work.
8.0 Certifications by the Engineer
8.1 This Part 8 - Certifications by the Engineer applies only when and to the extent that the Engineer is required to issue certifications under Schedule C - Engineer's Scope of Services.
8.2 Engineer will issue those certifications which the Engineer is required to give as part of the Services with the degree of care, skill, and diligence normally provided by engineers issuing comparable certifications in respect of projects of a similar nature to that contemplated by this Engineering Agreement, based upon data reasonably available to the Engineer.
Schedule B – General Conditions 8
8.3 If included in the Construction Administration Services, the Engineer's issuance of a certificate for payment constitutes a representation by the Engineer to Halifax Water, based on the Construction Administration Services performed by the Engineer and on review of the Contractor's schedule of values and applications for payment, that, to the best of the Engineer's information and belief:
(a) the Work has progressed to the value indicated;
(b) Work observed by the Engineer while performing Construction Administration Services conforms generally with the Construction Contract Documents; and
(c) the Contractor is entitled to payment in the amount certified.
8.4 The Engineer's issuance of a certificate for payment is subject to:
(a) review and evaluation of the Work, to the extent specified in the Services, as it progresses for general conformity with the Construction Contract Documents;
(b) the results of any subsequent tests required by the Construction Contract Documents;
(c) correction of deviations from the Construction Contract Documents detected prior to completion or after completion, as the case may be; and
(d) any specific qualifications stated in the certificate for payment.
8.5 The Engineer's issuance of a certificate for payment is not a representation that the Engineer has inquired into the Contractor's:
(a) use or allocation of monies paid on account of the contract price specified in the Construction Contract; or
(b) compliance with obligations imposed on the Contractor by law, including requirements of workplace health and safety legislation at the Place of the Work.
9.0 Construction Cost and Contract Time Estimates
9.1 This Part 9 – Construction Cost and Contract Time Estimates applies only in the event the Services require the Engineer to provide Halifax Water with an estimate of the probable Construction Cost or Construction Contract Time, whether to assist Halifax Water with a call for tenders for the Work or otherwise.
9.2 The parties acknowledge that an estimate of probable Construction Cost and an estimate of Construction Contract Time provided by the Engineer are subject to change and are contingent upon factors, including market forces, over which the Engineer has no control. The Engineer does not guarantee the accuracy of such estimates nor does the Engineer represent that bids, negotiated prices or the time for performance will not vary from such estimates. More definitive estimates regarding costs and, for performance may be assessed only when bids and negotiated prices are received for the Work.
Schedule B – General Conditions 9
10.0 Termination and Suspension
10.1 This Engineering Agreement is terminated on the earliest of:
(a) the date when the Engineer has performed all of the Services; or
(b) the date of termination if termination occurs in accordance with this Part 10 Termination and Suspension.
10.2 If the Engineer is a natural person practising alone (and not part of a company or a partnership) and should the Engineer die or become seriously incapacitated before having supplied all of the Services, either Halifax Water or the estate or legal representative of the Engineer may terminate this Engineering Agreement upon Notice to the other, with effect from the date of decease or, in the case of serious incapacity, from the date of the Notice of termination.
10.3 If the Engineer is in material default in the performance of any of the Engineer's obligations under this Engineering Agreement, Halifax Water will notify the Engineer that the default must be corrected. If the Engineer does not correct the default within 30 days after receipt of such Notice or if the Engineer does not take reasonable steps to correct the default if the default is not susceptible of immediate correction, Halifax Water may terminate this Engineering Agreement upon further Notice to the Engineer, without prejudice to any other rights or recourses of Halifax Water.
10.4 If Halifax Water is in material default in the performance of any of Halifax Water's obligations set forth in this Engineering Agreement, including but not limited to the non-payment of Fees and Reimbursable Expenses of the Engineer in the manner specified in this Engineering Agreement, the Engineer will notify Halifax Water that the default must be corrected. If Halifax Water does not correct the default within thirty (30) days after receipt of such Notice, the Engineer may terminate this Engineering Agreement upon further Notice to Halifax Water.
10.5 If Halifax Water is unwilling or unable to proceed with the Project, Halifax Water may suspend or terminate this Engineering Agreement by Notice of thirty (30) days to the Engineer. Upon receipt of such Notice, the Engineer will perform no further Services other than those reasonably necessary to suspend or terminate that portion of the Project for which the Engineer is responsible. In such event, Halifax Water will pay the Fees and Reimbursable Expenses incurred by the Engineer up to the date of suspension or termination.
10.6 If Halifax Water suspends performance of the Services at any time for more than thirty (30) consecutive or non-consecutive days through no fault of the Engineer, then the Engineer may choose to terminate this Engineering Agreement upon Notice to Halifax Water. In this event, Halifax Water will pay the Fees and Reimbursable Expenses of the Engineer that are incurred and unpaid as of the date of such termination.
11.0 Ownership and Use of Documents and Intellectual Property by Halifax Water
11.1 Halifax Water shall retain all right, title and interest in the Engineering Documents and any and all other products or documents generated by the Engineer in connection with
Schedule B – General Conditions 10
the Services, whether the Work is executed or not and whether or not the Project is completed.
11.2 Without limiting the generality of Section 11.1, Halifax Water shall own all copies, including reproducible or electronic copies, of the Engineering Documents and all other documents generated by the Engineer in connection with the Services and shall have unrestricted right to use the Engineering Documents and all other documents generated by the Engineer for any purpose it deems necessary whether in connection with the Project or otherwise.
12.0 Building Codes and By-Laws
12.1 The Engineer will interpret building codes and by-laws as they apply to the Project at the time of design. As the Work progresses, building codes and by-laws may change or the interpretation by an authority having jurisdiction may differ from the interpretation of the Engineer. Halifax Water will not compensate the Engineer for any additional Services of the Engineer that are required in order to have the Work conform to such interpretations of building codes and by-laws. Halifax Water will compensate the Engineer for any additional Services of the Engineer that are required in order to have the Work conform to changes of building codes and by-laws.
13.0 Project Ownership, Identification and Confidentiality
13.1 Halifax Water represents to the Engineer that Halifax Water is the owner of the Place of the Work. If Halifax Water is not the owner, Halifax Water will notify the Engineer of the identity of the owner before signature of this Engineering Agreement.
13.2 The Engineer will be identified on Project signage and promotional material whenever other Project design professionals are mentioned. The Engineer may refer to the Project in the Engineer's promotional material.
13.3 Each party acknowledges that while performing its obligations under this Agreement it may have access to the other party’s Confidential Information. With respect to all Confidential Information, the parties agree that commencing the date of this Agreement and continuing during its term and for a period of five (5) years after the termination or expiry of this Agreement, neither party will disclose to any third party, and each party will keep strictly confidential, all Confidential Information of the other. Each party hereby agrees to protect the Confidential Information of the other party using no less care than such party uses to safeguard and protect its own Confidential Information. In no event will the receiving party fail to use reasonable care to avoid unauthorized use, including disclosure, loss or alteration of the disclosing party’s Confidential Information.
13.4 All Confidential Information shared between the parties under a non-disclosure and confidentiality agreement or a request for proposals prior to the date of this Agreement will be governed by this Section as of the date of this Agreement.
13.5 A party may disclose the other party’s Confidential Information to its affiliates, agents, contractors and legal representatives, if they have a need to know and an obligation to protect the Confidential Information that is at least as restrictive as this Agreement. Neither party will use the Confidential Information of the other party except solely as necessary in and during the performance of this Agreement, or as expressly permitted
Schedule B – General Conditions 11
hereunder. Each party will be responsible for any improper use or disclosure of any Confidential Information of the other such party’s officers, partners, principals, employees, agents or independent contractors (including individuals who become former partners, principals, employees, agents or independent contractors).
13.6 The obligations of this Section will not apply to any Confidential Information for a period longer than it is legally permissible to restrict disclosure of that item of Confidential Information
13.7 Each party will disclose Confidential Information to the extent required by law or by order of a court or governmental agency, provided however, that the recipient of such Confidential Information will give the owner of such Confidential Information prompt written notice prior to disclosure, and will use its reasonable efforts to cooperate with the owner of such Confidential Information, at owner’s cost, if the owner wishes to obtain a protective order or otherwise protect the confidentiality of such Confidential Information.
13.8 Neither party will disclose to the other party any confidential information of a third party without such third party’s consent.
13.9 Each party acknowledges that any breach of any provision of this Section by it, or by its personnel, will cause immediate and irreparable injury to the non-breaching party, and in the event of such breach, the injured party will be entitled to seek injunctive relief in addition to any and all other remedies available at law or equity.
13.10 Unless a party is expressly authorized by this Agreement to retain the other party’s Confidential Information, such party will promptly return or destroy, at the other party’s option, the other party’s Confidential Information, and any notes, reports or other information incorporating or derived from such Confidential Information, and all copies thereof, within seven (7) calendar days of the other party’s written request, and will confirm to the other party that it no longer has in its possession or under its control any Confidential Information in any form, or any copy thereof. Despite the immediately preceding sentence, each party may retain Confidential Information of the other for legal and regulatory compliance purposes.
14.0 Insurance and Liability
14.1 Unless otherwise agreed in writing, the Engineer will carry professional liability insurance covering the services described in the agreement and the insurance policy is to provide coverage for an amount not less than $2,000,000. Coverage will be maintained continuously from the commencement of the Services until completion or termination of the Services and, subject to availability at reasonable cost, for two (2) years after the later of: (a) termination of the Services or (b) Substantial Completion.
14.2 Halifax Water may choose to increase the amount of the coverage of the Engineer's professional liability insurance above that provided in Section 14.1 so as to obtain additional insurance that is specific to the Project. The Engineer will cooperate with Halifax Water to obtain such additional insurance, at Halifax Water's expense.
14.3 The Engineer, by way of written contract, shall require each of its Sub-Consultants to provide, maintain, and pay for the insurances equivalent in scope and terms to those required of the Engineer.
Schedule B – General Conditions 12
14.4 Where the Project involves construction, Halifax Water shall provide or arrange for liability (wrap-up) insurance and property (broad form/builder's risk) insurance satisfactory to Halifax Water, naming the Engineer thereunder as an additional insured, where possible.
14.5 The Engineer shall provide Halifax Water with certificates of insurance to be provided by the Engineer or Sub-Consultants forthwith upon execution of this Engineering Agreement or the subcontract, as the case may be.
14.6 If the Engineer fails to provide, maintain or pay for insurances as required by this Part, Halifax Water shall have the right, but not the obligation, to provide, maintain and pay for such insurances and give evidence thereof to the Engineer, in which case the cost thereof shall, at the option of Halifax Water, be payable by the Engineer to Halifax Water on demand or Halifax Water may deduct such costs from monies which are then or thereafter become due and payable to the Engineer under this Agreement.
14.7 The Engineer shall indemnify and hold Halifax Water completely harmless against all liability and expenses including solicitors' fees incurred by Halifax Water arising from the Engineer's negligence in the performance of its obligations under this Engineering Agreement to the Engineer's performance or non-performance of the Services. This indemnity shall survive the expiration or earlier termination of this Agreement.
15.0 Dispute Resolution
15.1 The parties will make reasonable efforts to resolve disputes arising under this Engineering Agreement by amicable negotiations and agree to provide, on a without prejudice basis, frank, candid and timely disclosure of relevant facts, information and documents to facilitate these negotiations.
15.2 If the parties have been unable to resolve a dispute by negotiation, either party may notify the other party that it wishes the dispute to be resolved by mediation. If the parties are unable to agree upon the choice of mediator, either party may apply to the Supreme Court of Nova Scotia to appoint a mediator.
15.3 Should mediation not resolve a dispute, a party may refer the unresolved dispute to binding arbitration, to be conducted in Halifax, Nova Scotia.
15.4 Unless the parties otherwise agree, any mediation or arbitration under this Engineering Agreement will be conducted in accordance with the latest edition of CCDC 40 - Rules for Mediation and Arbitration of Construction Disputes, as applied to and compatible with this Engineering Agreement, save that arbitration will be limited to a single arbitrator.
15.5 Any endeavour to resolve disputes arising out of this Engineering Agreement by negotiation, mediation or other means of dispute resolution, including arbitration, will be conducted on a confidential basis.
Appendix 1 to Schedule B
APPENDIX 1 TO SCHEDULE B
Section 5, Contractor Health and Safety (and related forms) of Halifax Water’s Occupational Health & Safety Program Manual
Schedule C – Engineer’s Scope of Services
SCHEDULE C ENGINEER'S SCOPE OF SERVICES
[NTD: To align with RFP – Insert sections 3 (Scope of Work) and 4 (Proponent Activities and Deliverables) from RFP here]
Schedule D – Fees and Reimbursable Expenses
SCHEDULE D FEES AND REIMBURSABLE EXPENSES
[NTD: To align with RFP – Insert table from RFP Section 5.1.2.1 and completed by proponent here]
Schedule E – Engineer’s Proposal
SCHEDULE E ENGINEER'S PROPOSAL
[NTD: Append as Schedule E the Engineer's Proposal exclusive of general corporate promotional information.]
Halifax Water considers protection of the environment and pollution prevention to be among its most important objectives. Executive management will ensure that facilities under its control will:
1. Commit to prevent air, water and land pollution by complying with compliance obligations.
2. Ensure that the environmental aspects of Halifax Water activities are identified and assessed by ourEnvironmental Management System to minimize environmental impacts.
3. Fully consider environmental factors when making significant process changes.
4. Commit to continual improvement through attainable objectives and programs.
5. Communicate the policy and other EMS information to customers and persons working for or onbehalf of Halifax Water.
6. Be environmentally responsible in the local community. Act promptly and responsibly in correctingincidents or conditions that impact the environment.
7. Ensure that staff is competent, have received proper training, and have the means to respond to anenvironmental incident.
8. Seek opportunities to reduce chemical and energy consumption, and waste production throughprocess optimization and capital upgrades.
Proponents shall carry out activties in line with Halifax Water’s environemntal policy. Activities that result in non-conformance with the environmental management system at Halifax Water may result in suspension, and or, termination of quoted work.