Town of Middleton. Storm Water Outfall Repair & Soil Stabilization. Connaught Avenue. June 20, 2014

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1 Town of Middleton Storm Water Outfall Connaught Avenue June 20, 2014 Set No.

2 Town of Middleton Storm Water Outfall OVERVIEW Page 1 Connaught Avenue _ June 20, 2014 OVERVIEW This document is a Supplementary Specification to the Standard Specification for Municipal Services, developed by the Nova Scotia Roadbuilders Consulting Engineers of Nova Scotia Joint Committee on Contract Documents. STATEMENT: THESE PROJECT DOCUMENTS HAVE BEEN PREPARED FOR USE WITH AND REQUIRE BEING READ IN CONJUNCTION WITH THE STANDARD SPECIFICATION FOR MUNICIPAL SERVICES AS PUBLISHED BY THE NOVA SCOTIA ROADBUILDERS CONSULTING ENGINEERS OF NOVA SCOTIA JOINT COMMITTEE ON CONTRACT DOCUMENTS. COPIES OF THE STANDARD SPECIFICATION FOR MUNICIPAL SERVICES ARE AVAILABLE FROM THE JOINT COMMITTEE ON CONTRACT DOCUMENTS, 455 COLBY DRIVE, DARTMOUTH, NS B2V 2K4; TELEPHONE (902) , OR nsmunicipalservices@gmail.com. End of Overview

3 Town of Middleton Storm Water Outfall TABLE of CONTENTS Page 1 Section No. of Pages Information to Tenderers pages Tender Form.. 4 pages Form of Agreement... 6 pages Supplementary Specifications...3 pages Tender Drawings Storm Sewer Outfall Stabilization DWG. No P Dated June 16, 2014 End of Table of Contents

4 Town of Middleton Section Storm Water Outfall INFORMATION Page 1 TO TENDERERS Owner: Town of Middleton 131 Commercial Street P.O. Box 340 Middleton, Nova Scotia B0S 1P0 Storm Water Outfall, Connaught Avenue, Middleton, Nova Scotia Engineer: DeWolfe & Morse Surveying Limited Eric J. Morse, NSLS, P.Eng. P.O. Box Junction Road Middleton, Nova Scotia B0S 1P0 1. Tender Submission.1 Submit completed Tender Form for above project in sealed envelope marked as follows: Storm Water Outfall, Connaught Avenue, Middleton, Nova Scotia Closing up to 1:00 p.m. local time, July 25, 2014 To: Town of Middleton Attention: John Pearson 131 Commercial Street P.O. Box 340 Middleton, Nova Scotia B0S 1P0 2. Tender Opening.1 Tenders will be opened on July 25, 1:00 pm local time at the Offices of the Owner (Town of Middleton) as indicated above. Opening will be public.

5 Town of Middleton Section Storm Water Outfall INFORMATION Page 2 TO TENDERERS 3. Accuracy of Referencing.1 Indexing and cross-referencing are for convenience only. 4. Conditions of Tendering.1 Take full cognizance of content of all Contract Documents in preparation of Tender. Refer to Section Tender Form, Subsection 3.9 for a complete list of Contract Documents. 5. Tenderers to Investigate.1 Tenderers will be deemed to have familiarized themselves with existing site and working conditions and all other conditions that may affect performance of the Contract. No plea of ignorance of such conditions as a result of failure to make all necessary examinations will be accepted as a basis for any claims for extra compensation or an extension of time. 6. Clarification and Addenda.1 Notify Engineer not less than 2 working days before Tender Closing of omissions, errors or ambiguities found in Contract Documents. If Engineer considers that correction, explanation or interpretation is necessary, a written addendum will be issued. Verbal discussions shall not constitute an addendum. All addenda will form part of Contract Documents..2 Confirm in the Tender Form that all addenda have been received..3 All Pre-Closing questions shall be directed to: DeWolfe & Morse Surveying Limited P.O. Box Junction Road Middleton, NS B0S 1P0 Attention: Eric J. Morse, NSLS, P.Eng (902) (office) (902) (fax) (902) (cell)

6 Town of Middleton Section Storm Water Outfall INFORMATION Page 3 TO TENDERERS 7. Preparation of Tender 8. Taxes.1 Complete Tender Form provided with Project Documents in ink. Tender all items and fill in all blanks. Have corrections initialed by person signing Tender.. 2 Tenderers shall include the following with their submission: 1. Tender Security 2. Certificate of Recognition 3. WCB Clearance Letter 4. Addenda if applicable 5. Proof of Insurance.1 Include all taxes except Harmonized Sales Tax (HST) in tender price. 9. Tender Security.1 Provide Tender Security in the amount of 10% (ten percent) of the Total Tendered Lump Sum Price with Tender in the form of a certified cheque payable to the Owner or a Bid Bond on a CCDC form 220 or other Owner approved form. 10. Contract Security 11. Insurance.1 Refer to Section General Conditions, subsection GC Contract Security for form of Contract Security. Refer to project documents for amount of contract security and alternate type of contract security, if applicable.1 Refer to Section General Conditions, subsection GC11.1 Insurance, for insurance required. 12. Certificate of Recognition.1 Submit copy of Tenderer's current and valid Certification of Recognition issued by a Workers' Compensation Board approved audit company.

7 Town of Middleton Section Storm Water Outfall INFORMATION Page 4 TO TENDERERS.2 Out of province companies shall submit a current and valid Certificate of Recognition from their province of origin or from a recognized safety association which uses an external audit element. 14. Workers Compensation Board Clearance.1 Submit a copy of Tenderer's current valid clearance letter issued by the Workers' Compensation Board of Nova Scotia..2 Out of province Tenderers will have to satisfy a Workers' Compensation Board approved audit company in respect to their safety status prior to being awarded a Contract. 13. Form of Agreement.1 Form of Agreement is attached for information purposes only. 14. Return of Tender Security.1 Tender security will be returned to:.1 Unsuccessful Tenderers within 7 (seven days) of date of awarding of tender..3 Successful Tenderer s following receipt by Owner of executed Agreement, specified Contract Security, and Insurance Documents. 15. Amendment or Withdrawal of Tender.1 Tenders may be amended or withdrawn by letter or fax on company letterhead received before the time and date of Tender Closing..2 Amendment of individual unit prices or adjustments to Lump Sum Prices are the only acceptable price amendments. Amendments shall not disclose either original or revised total price..3 Head Amendment or withdrawal as follows: [Amendment]/[Withdrawal] Tender for Storm Water Outfall Connaught Avenue. Sign as required to Tender, and submit at address given for receipt of Tenders prior to Tender Closing. All submissions must be received prior to time of Tender Closing. 16. Offer Acceptance, Rejection

8 Town of Middleton Section Storm Water Outfall INFORMATION Page 5 TO TENDERERS.1 The Owner reserves the right to accept or reject any Tender, and to cancel the tendering process and reject all tenders at any time prior to the award of Contract without incurring any liability to affected Tenderers. End of Section

9 Town of Middleton Section Storm Water Outfall TENDER FORM Page 1 1. SALUTATION:.1 To: Town of Middleton 131 Commercial Street, PO Box 340 Middleton, Nova Scotia B0S 1P0.2 For:.3 From: 2. TENDERER DECLARES:.1 That this Tender was made without collusion or fraud..2 That the proposed Work was carefully examined..3 That the Tenderer was familiar with local conditions..4 That Contract Documents and were carefully examined..5 That all the above were taken into consideration in preparation of this Tender. 3. TENDERER AGREES:.1 To enter into a Contract to supply all labour, material and equipment to do all work necessary to construct the Work as described and specified herein for the Lump Sum Tender Price stated in Subsection 4 hereunder, Lump Sum Tender Price. Items added by the Owner after the execution of the Form of Agreement will be paid based on a mutually agreed amount..2 The total tendered price shall be the sum indicated in Subsection 4.3 That this Tender is valid for acceptance for sixty (60) calendar days from Tender Closing.

10 Town of Middleton Section Storm Water Outfall TENDER FORM Page 2.4 This is a Lump Sum Contract and quantities will not be measured except for those items added or deleted by the Owner after the execution of the Form of Agreement and measured in accordance with Section , Measurement and Payment..5 To provide evidence of ability and experience within five (5) working days of request, including: experience in similar work, work currently under contract, senior supervisory staff available for the project, equipment available for use on the Work, and financial resources..6 To execute in triplicate the Agreement and forward it together with the Specified Contract Security, if applicable, and insurance documents to the Owner within ten (10) working days of written notice of award..7 That failure to enter into a formal contract and give specified insurance documents and Contract Security within time required will constitute grounds for forfeiture of certified cheque or enforcement of bid bond..8 That if certified cheque is forfeited, Owner will retain difference in money between amount of Tender and amount for which Owner legally contracts with another party to perform the Work and will refund balance, if any, to Tenderer..9 That the Contract Documents include:.1 Standard Specification for Municipal Services, latest version, issued by Nova Scotia Road Builders Association Consulting Engineers of Nova Scotia Joint Committee on Contract Documents, Dated January Tender Form..3 Form of Agreement.4 Supplementary Specifications (Section No. of sections modified or added)..6 Addenda issued and as confirmed in subsection 2.4 of this section.

11 Town of Middleton Section Storm Water Outfall TENDER FORM Page 3 4. LUMP SUM TENDER PRICE.1 The Contractor agrees to complete the Work for the Following Lump Sum Price: Total Tendered Lump Sum Price (Excl. HST) $ HST (15% of the Total Tendered Lump Sum Price $ Total Tendered Lump Sum Price ( incl. HST) $ Tenderer s HST Registration Number 5. COMPLETION TIME.1 Tenderer agrees to commence the Work by August 11, 2014 and to complete the Work, as certified by the Engineer, before September 30, 2014.

12 Town of Middleton Section Storm Water Outfall TENDER FORM Page 4 6. SIGNATURES* DATED THIS DAY OF, 2014 [Seal] Name of Firm Tendering Witness Signature of Signing Officer with Authority Name and Title (Printed) Witness Signature of Signing Officer with Authority Name and Title (Printed) Company Address Telephone Number Fax Number *NOTE: Tenders submitted by or on behalf of any Corporation must be signed and sealed in the name of such Corporation by a duly authorized officer or agent. End of Section

13 Town of Middleton Section Storm Water Outfall FORM of AGREEMENT Page 1 This agreement made on the day of in the year. BY AND BETWEEN Town of Middleton hereinafter called the "Owner" and hereinafter called the "Contractor" The Owner and Contractor agree as follows: ARTICLE A1 - THE WORK The Contractor shall:.1 Perform the Work required by the Contract Documents for Storm Water Outfall, Connaught Avenue located in Middleton, Nova Scotia for which the Agreement has been signed by the parties, and for which DeWolfe & Morse Surveying Ltd. is acting as and is hereinafter called the "Engineer" and.2 do and fulfill everything indicated by this agreement, and.3 commence the Work by the 11 day of AUGUST in the year 2014 and attain Substantial Performance of the Work as certified by the Engineer by the 30 day of SEPTEMBER in the year ARTICLE A2 - AGREEMENTS AND AMENDMENTS The contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the work, including the bidding documents that are not expressly listed in Article A3 of the Form of Agreement.

14 Town of Middleton Section Storm Water Outfall FORM of AGREEMENT Page 2 ARTICLE A3 - CONTRACT DOCUMENTS The following is an exact list of the Contract Documents referred to in ArticleA1.1 of this Agreement and as defined in subsection 6 of Section DEFINITIONS. This list is subject to subsequent amendments in accordance with the provisions of the Contract Documents..1 Standard Specifications for Municipal Services, latest version, issued by Nova Scotia Road builders association - Consulting Engineers of Nova Scotia Joint Committee on Contract Documents..2 Tender Form Section Form of Agreement Section Supplementary Specifications Section General Conditions Section General Requirements Section Measurement and Payment ARTICLE A4 - CONTRACT PRICE.1 The Contract Price shall be the tendered LUMP Sum Price, excluding the amount of Harmonized Sales Tax (HST)..2 The Contract Price is $ excluding HST..3 All amounts shall be in Canadian funds and exclude value added taxes..4 The amount shall be subjected to adjustment as provided in the Contract Documents. ARTICLE A5 - PAYMENT.1 The Owner shall pay the Contractor in Canadian funds for the performance of the Contract..2 The Owner shall make monthly payments to the Contractor for the Work performed, as certified by the Engineer, subject to a 10% holdback.

15 Town of Middleton Section Storm Water Outfall FORM of AGREEMENT Page 3.3 The amount of the monthly payments shall be calculated as follows:.1 The total amount of Work completed for the payment period shall be calculated as certified by the Engineer..2 The percentage of Work complete determined in subsection 3.1 of this contract will be multiplied by the contract price..3 The amount of the monthly payment shall be determined by deducting the 10% holdback and the total of all previous payments from the total value of such completed Work as determined under subsection.2 of this section..4 To the amount calculated by the payment terms in this section, the Harmonized Sales Tax (15%) will be added to the payment..5 If the Owner fails to make payments to the Contractor as they become due under the terms of the Contract, interest shall be payable as follows:.1 The annual interest rate applicable to the Contract is the Royal Bank prime rate plus 2%, compounded semi-annually..2 Interest shall be calculated on the overdue balance from the due date..6 The last day of the payment period shall be the last business day of the month..7 The Owner shall make payment to the Contractor within 30 days of the end of the payment period..8 Upon Substantial Performance of the Work as certified by the Engineer, the Owner shall pay to the Contractor the holdback monies then due in accordance with the provisions of Section General Conditions, subsection GC5.8 - PAYMENTS OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK..9 Upon the issuance of the final certificate for payment, as certified by the Engineer, the Owner shall pay the Contractor the balance of the monies then due in accordance with the provision of Section General Conditions, subsection GC FINAL PAYMENT..10 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payment shall be made to

16 Town of Middleton Section Storm Water Outfall FORM of AGREEMENT Page 4 the Contractor in accordance with the provisions of Section General Conditions, subsection GC INSURANCE. ARTICLE A6 - RECEIPT OF AND ADDRESSES FOR NOTICE.1 Notice in writing between the parties or between them and the Engineer shall be considered to have been received by the addressee on the date of delivery if delivered by hand to the individual, or to a member of the firm, or to an officer of the corporation for whom they are intended, or if sent by post or by facsimile, to have been delivered within 5 Working Days of the date of the mailing, dispatch, or of delivery to the company when addressed as follows:.1 The Owner at: Town of Middleton 131 Commercial Street PO Box 340 Middleton, Nova Scotia B0S 1P (facsimile).2 The Contractor at.3 The Engineer at: DeWolfe & Morse Surveying Ltd. 181 Junction Road Brooklyn, Nova Scotia PO Box 520 Middleton, Nova Scotia B0S 1P (facsimile) ARTICLE A7 - QUANTITIES AND MEASUREMENT This is a lump sum contract and quantities will not be measured except for those items added or deleted by the Owner after the execution of the Contract. These items will be measured in accordance with Section Measurement and Payment.

17 Town of Middleton Section Storm Water Outfall FORM of AGREEMENT Page 5 ARTICLE A8 - SUCCESSION The aforesaid Contract Documents are to be read into and form part of the Agreement and the whole shall constitute the Contract between the parties and subject to law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns. ARTICLE A9 - RIGHTS AND REMEDIES No action or failure to act by the Owner, Engineer, or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. ARTICLE A10 - TIME Time shall be construed as being of the essence of the Contract.

18 Town of Middleton Section Storm Water Outfall FORM of AGREEMENT Page 6 In witness whereof the parties hereto have executed this Agreement and by the hands of their duly authorized representatives. SIGNED AND DELIVERED in the presence of WITNESS Signature Name and Title of Person Signing SEAL OWNER Town of Middleton Signature Name and Title of Person Signing with Authority Signature Name and Title of Person Signing with Authority WITNESS Signature Name and Title of Person Signing CONTRACTOR Name of Contractor Signature Name and Title of Person with Signing Authority Signature Name and Title of Person Signing with authority N.B. Where legal jurisdiction, local practice or Owner or Contractor requirements call for (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative (s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or (b) the affixing of a corporate seal, this Agreement should be properly sealed. End of Section

19 Town of Middleton Section Storm Water Outfall SUPPLEMENTARY Page 1 SPECIFICATIONS Intent.1 The Work of this Contract is to be constructed in accordance with the Standard Specifications for Municipal Services as developed and published by the Nova Scotia Road Builders Association and the Consulting Engineers of Nova Scotia Joint Committee on Contract Documents, most recent edition, except as modified herein..2 These Supplementary Specifications modify the specification sections to which they refer..3 The Supplementary Specifications take precedence over the Specifications to which they refer. Section General Conditions GC11.2 Contract Security Add the following: The Contractor shall, prior to commencement of the Work, provide to the Owner a Performance Bond in the amount of 50% of the estimated Contract Price and a Labour and Materials Bond in the amount of 50% of the estimated Contract Price or an irrevocable Letter of Credit in the amount of 20% of the estimated Contract Price. The irrevocable Letter of Credit shall be issued to a certified financial institution and be valid for a period of 12 months from the date of the award. Costs associated with bonding and letters of credit shall be included in the Contract Price. Section General Requirements 2. Summary of Work :.1 The work-repair of soil erosion and pipe caused by collapse of storm water line is located in Middleton, Annapolis County, south of Connaught Avenue..2 Unless otherwise specified in the Contract, the Contractor shall do all work and provide all materials to complete the specified Work, to gain Substantial Performance of the Work and turn over to the Town of Middleton the completed Work in operational order.

20 Town of Middleton Section Storm Water Outfall SUPPLEMENTARY Page 2 SPECIFICATIONS.3 Those materials which are not specified but are necessary for the complete installation of the work are the responsibility of the Contractor and shall be included at no extra cost to the Contract..4 Performance of the Work and includes but is not limited to following:.1 Remove wood and brush from within the washed out area..2 Place wood and brush outside of the outfall area..3 Recover one (1) unbroken section of the old concrete pipe to extend the north outfall into the washed out area..4 Break up existing concrete pipe in washed out area..5 Collapse the opening of the storm sewer at the south end of the washed out pit..6 Rip-rap 6"- 12" in diameter shall be used to line the washed out pit and to stabilize the sides and floor of the pit from further erosion..7 Install one (1) section of old concrete pipe to the north outfall pipe. Extend the pipe into the pit. The concrete pipe shall be supported by rip-rap and embedded with type II gravel..8 The pit area shall be shaped in such a way that storm water will flow out of the pit and into adjacent woodlands..9 All environmental controls required during construction and stabilization after construction..10 All related work and incidentals associated with the above. 3. Scheduling and Coordination Delete Clause 3.3 and replace with the following:.3 Contractor will carry out and Engineer will witness necessary tests and inspections. Add the following:.5 The Contractor is to ensure that all required inspections by the various approval authorities are performed..6 The Contractor will address and repair any deficiencies within seven (7)calendar days of notification of each deficiency by the Owner. 10. Temporary Facilities Delete subsection and replace with the following:.1 Engineer's site office not required.

21 Town of Middleton Section Storm Water Outfall SUPPLEMENTARY Page 3 SPECIFICATIONS 11. Delivery of Materials and Use of Site Add the following:.3 Other Contractors may require access to the site. Coordinate construction schedules with these other Contractors. 14. Standard and Reference Documents Add the following:.2 All work to be performed in accordance with the Nova Scotia Department of Environment's Handbook on Erosion and Sedimentation Control.3 All work to be performed in accordance with the most current standard specifications of Town of Middleton. Add the following section: 17. Environmental Protection.1 Contractor is to respond directly to the Nova Scotia Department of Environment regarding any and all comments concerning the construction site and is responsible for any directions or instructions given by the Department of Environment..2 Clean existing streets, as required, to prevent mud from construction being deposited on the street and washed into the storm sewer system and brook..3 Contractor is responsible to establish erosion controls prior to commencement of construction and maintain controls, as required, to ensure functionality and performance until approval for removal is received from the applicable approval agencies. SECTION MEASUREMENT AND PAYMENT General Add as subsection.5 the following:.5 Where required, Lump Sum to include all items necessary to maintain traffic control as per the Nova Scotia Temporary Workplace Traffic Control Manual, current edition and all other applicable local specifications during construction. Contractor to coordinate any Street closure with the Town of Middleton. End of Supplementary Specifications

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