REQUEST FOR PROPOSAL

Wedgeport Wastewater Improvement Program – Phase 3 Engineering Design and Construction Support Services

Closing: Thursday April 2nd, 2020 @ 3:00pm local time

Argyle, a place we are proud to call home! February 25, 2020

Image by Kelly Crowell

Contents 1. Introduction ...... 3 1.1. Project Introduction ...... 3 2. Background ...... 3 2.1. Background Information ...... 3 2.2. Funding conditions ...... 4 3. Scope of Work ...... 4 3.1. Scope ...... 4 3.2. Operational Cost Approach ...... 5 3.3. Innovative Design Component ...... 5 4. Proponents Activities and Deliverables ...... 5 4.1. Project Administration / Management ...... 5 4.2. Approvals ...... 6 4.3. Survey / Site Inspection ...... 7 4.4. Geotechnical ...... 7 4.5. Preliminary Design ...... 7 4.6. Detailed Design ...... 8 4.7. Tender Phase Services ...... 9 4.8. Construction Management/Administration ...... 9 4.9. Submittal Review Process ...... 10 4.10. Part Time Resident Inspection ...... 10 4.11. Inspection by the Engineer of Record ...... 11 4.12. Warranty Period Services ...... 11 4.13. Record Information Package ...... 11 5. Information for Proponents ...... 13 5.1. Proposal Submission ...... 13 5.2. Proposal Evaluation ...... 20 5.3. Selection Process ...... 21 5.4. Award ...... 22 6. General Information ...... 22 6.1. Proponent Responsible for Proposal / No Reliance on MODA ...... 22 6.2. Rights of MODA ...... 22 6.3. No Liability ...... 23 6.4. Disclosure of Information and Communication Procedures ...... 23 Wedgeport Wastewater Improvement – Phase 3 February 25, 2020

6.5. Costs and Expenses of the Proponent ...... 24 6.6. Clarification of Proposals ...... 24 6.7. No Conflict of Interest ...... 24 6.8. No Interest in Another Proponent ...... 25 6.9. Standard Form of Contract...... 25 6.10. Proponents to Ensure They Understand the Contract ...... 25 6.11. Waiver / No Reliance ...... 25 6.12. False or Misleading Information ...... 25 6.13. Compliance with Applicable Law ...... 26 6.14. Time to be of the Essence ...... 26 6.15. Governing Law ...... 26 6.16. Confidentiality ...... 26 7. Appendices ...... 27 Appendix A – Site Location Map ...... 27 Appendix B – Site Location List ...... 27 Appendix C – Addendum Verification Form ...... 27

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1. Introduction 1.1. Project Introduction The community of Wedgeport, NS is one of first fishing communities within Nova Scotia and dates back to the first Acadian settlers. Many of the homes are still owned by the same families and would be considered original, so are most of the on-site sewer systems. A large number of systems are described by a single clay pipe heading directly into the marsh, not being filtered by a tank or dispersion bed at all. Other homes have made some upgrades in the 60's and 70's and installed a cess pool before directing the sewage into the ocean or ground. A study in 2012 (Phase 1) by ABL Environmental Consultants presented the result of several hundreds of systems being inadequate or a severe risk to the environment and health of the residents. Recommendations for a central sewer system have been made, but due to very high capital costs the decision was made by residents and Municipal Staff to pursue an on-site sewer replacement program. In 2016 the Municipality of Argyle received federal and provincial funding for the installation of 44 on-site sewer systems within the newly established Wedgeport Wastewater District (Phase 2). Due to minor cost increases by using advanced treatment units and higher than expected construction costs the Municipality managed to install 42 new sewer systems within the community. This phase sparked a keen interest of more residents and a large number of property owners volunteered to participate in future upgrade programs. Residents, council and staff initiate Phase 3 to allow for the development and improvement of another 50 on-site sewer systems within the Wastewater Management District. In the Fall of 2019, the Municipality was awarded with further Federal and Provincial funding from the Infrastructure Canada Improvement Program (ICIP) in order to complete another round of individual sewer replacement.

2. Background The Municipality has experience with this type of project during the previous round (Phase 2) and identified the following key objectives for improvements. The goal of this project is to maximise the use of available funding in order to achieve a healthier community and environment. 2.1. Background Information In 2012 the Municipality of the District of Argyle (MODA) had engaged ABL Environmental Consultants limited to develop a pre-design report (Phase 1) for the improvement of the wastewater situation in Wedgeport, NS. In close coordination with the residents of Wedgeport the consultant identified over 200 out of 352 investigated sewer systems to be inadequate and would need replacement. Several central sewer options were proposed and reviewed but determined to be too costly and not feasible for the community. This conclusion, in combination with the geographical and housing density challenges in Wedgeport and other Nova Scotian communities made the province create an on-site sewer replacement pilot project funding stream. MODA was successful in 2016 with their application and initiated the second phase for Wedgeport and received funding for 44 on-site sewer system replacements. ABLE Engineering was the successful proponent in 2017 to support MODA with the design and construction supervision of the entire phase. During 2017 and 2018 a total of 42 on-site sewer systems were installed and are still in operation. The second phase was based on voluntary

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participation of property owners and was based on a co-financing program where owners had to cover a lump sum amount of $4,700 (about 1/3 of the cost per unit). MODA is taking over ownership of the on-site sewer units and is responsible for maintenance and repairs for the lifetime of the systems. An annual operation fee is charged to the participants to cover the costs of labour, maintenance and materials. This high interest led to another application for funding under the ICIP program supported by the Government of Canada and Nova Scotia. The application was successful and a total amount, including Engineering Fees, Construction Costs and HST, of $1,042,860 CAD was awarded.

2.2. Funding conditions The ICIP funding is limited to a strict schedule and frequent reporting conditions. All funding shall be claimed before November 30th, 2021 and all construction activities substantially completed. Extensions may be granted under special circumstances resulting from unforeseen delays or difficulties and are to the sole discretion of the Department of Municipal Affairs of Nova Scotia.

3. Scope of Work The Scope of Work for this project includes, but is not limited to:

3.1. Scope

 Review proposed work with MODA staff to confirm existing documentation and to develop a full understanding of the existing operational/system limitations and planned improvements.  Review available background information (i.e. owners list & location, ATU equipment in operation, etc.)  Review existing rock profile and geotechnical data and assess what additional geotechnical investigations are required.  Review and investigate individual site conditions for each participating homeowner.  Assess easement acquisition requirements associated with alternative cluster system opportunities.  Prepare a Pre-Design Brief including preliminary site design solutions.  Complete the detailed design and prepare the necessary technical specifications, engineering drawings, Tender Documents and Final Report.  Support MODA during the tender phase with preparing tender call documents, be available to answer questions during the tender call period and prepare potential addendums if needed.  Provide inspection services during the installation and prepare as-built information in AutoCAD.

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3.2. Operational Cost Approach In addition to the direct performance requirements highlighted in this section, it is MODA objective to have delivered by the Proponent a solution that may go above and beyond the standard wastewater solutions and offers innovative ways to make the operation effective, safe and less time consuming for municipal staff or outside service providers.

 The expected design life of the on-site sewer units shall not be less than 25 years.

3.3. Innovative Design Component The availability of federal and provincial funding is not always guaranteed and may be more difficult to obtain in the future. The proponent shall consider potential “future-ready” solutions that could allow for cost effective alterations in case of severe environmental changes that may affect the proper operation of the sewer systems.

 The Proponent should take into consideration that a selection of a potential ATU solution should be reduced to one supplier only to avoid an accumulation of several different replacement parts at the maintenance shed of the operator. The selected ATU solution should be cost effective, high in energy efficiency and easy to restart in case of a vacancy at the house for a longer period of time.

 The use of ATU’s should not exceed more than 20% of the overall project value and only used if other solutions are not practical or technical possible due to site limitations.

4. Proponents Activities and Deliverables 4.1. Project Administration / Management The successful Proponent shall be responsible for all aspects of coordination and project management and shall designate, in writing, a project manager. All coordination of services between MODA and the successful Proponent shall be the responsibility of the respective project managers.

MODA 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 the Municipality of Argyle.

4.1.1. Activities include:  Confirm client requirements and objectives at project outset;  Initiate meetings;  Maintain all project documentation;  Provide written project updates to MODA on a bi-weekly 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.

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 Schedule facilitate and record meetings with MODA’s Project Manager and relevant stakeholders throughout the design process. The purpose of the meetings will be to review and update work progress (i.e. scope, schedule & budget) and to review and update project management plans;  Identify & manage risks associated with the project;  Proactive and thorough communication with MODA throughout the duration of the project;  Manage overall project scope, schedule, budget & quality control; and  Ensure all project changes are discussed and approved by MODA in advance of proceeding with the work.

4.1.2. Key deliverables include:  All recorded information including project reports, project USB, templates, surveys, calculations, sketches, plans, meeting minutes & correspondence;  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;  At project outset develop risk management plan including all mitigative measures used to manage project risks; and  Documentation of any project changes (scope, schedule, budget & quality impacts) including correspondence reflecting MODA’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.

4.2.1. Activities include:  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  Consult with all relevant approval authorities to ensure the approval requirements are incorporated into the design in the most cost-effective manner; and  Meet with all approval agencies as needed.

4.2.2. Key deliverables include:  Documented legislation & approvals required for this project; and  Final approval certificates or authorizations from the relevant approval authority including all supporting documentation (environmental applications, drawings, reports, etc.).

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4.3. Survey / Site Inspection The purpose of this task is to locate features within individual project sites for preliminary design, detailed design, record information and / or legal documentation purposes.

4.3.1. Activities include:  Site features located via GPS (Wells, steep slopes, existing sewer, buildings, major vegetation, ornamental planting beds, etc.).  Potential site specific boundary confirmation if needed (special circumstances).

4.3.2. Key deliverables include:  Electronic copies of all surveys.

4.4. Geotechnical The purpose of this task is to undertake an appropriate subsurface investigation so as to optimize the design and minimize the risk of additional costs due to unforeseen circumstances being identified at the construction phase.

4.4.1. Activities include:  Subsurface investigation to establish soil type and site conditions, work performed by a QPII or geotechnical engineer licensed to practice in NS.

4.4.2. Key deliverables include:  Individual site report cards of geotechnical findings.

4.5. Preliminary Design The purpose of this task is to propose/review alternatives and select a preferred approach. Develop preliminary level designs complete with drawings, and class “D” cost estimates. 4.5.1. Activities include:  Preliminary design review process in full consultation with MODA;  Coordinate with MODA to obtain all current analytical data from pertinent sources before design work begins. Any claim by the Proponent of lack of information provided by MODA will not be regarded as sufficient reason for non-completion or delay of the work;  Meet and liaise with regulatory bodies, utility companies i.e. Bell-Aliant, Nova Scotia Power Incorporated (NSPI), Nova Scotia Transportation and Infrastructure Renewal (NSTIR), MODA, 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;  Investigate and assess alternative technical selection options. For each alternative, prepare land/easement costing and requirements, cost benefit analysis, risk assessment and recommendations.

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 Complete the preliminary design incorporating all collected data and including land and/or easement requirements, details for all pipe alignments (plan and profile) and scenarios and connection details considered complete with cost comparisons, and recommendations; and Owner review of the final preliminary design report.  Review of potential Advanced Treatment Unit solutions with recommendations considering operational cost or maintenance approach.

4.5.2. Key deliverables include:  Preliminary design report;  Preliminary design drawings for all individual site options and;  Detailed cost estimate based on the preliminary design.

4.6. Detailed Design The purpose of this component is to complete the detailed design and should not proceed without MODA’s approval of the preliminary design phase. In addition to meeting the Standard Specifications for Municipal Services, (2019 edition) The engineering design shall meet the minimum requirements of Nova Scotia Environment (NSE) and conform to the requirements of other regulatory agencies, from which approval may be necessary.

4.6.1. Activities include:  Detailed design review process completed in full consultation with MODA;  Owners review and approval of the final detailed design report. Prepare the design drawings & documents (including detailed engineering drawings, specifications & detailed cost estimates), as per the current Design & Construction Specifications of MODA (mostly Standard Specification for Municipal Services or Provincial NSE Specs for on-site sewer systems), and  Liaise with regulatory authorities and utilities and where appropriate obtain approvals for all design and construction work.  Revise drawings and specifications as necessary, as part of the review process.  Ensure the design meets MODA’s standards, the minimum requirements of NSE and the requirements of any other regulatory agencies, from which approval may be necessary.  Liaise with the local NSTIR office regarding potential additional road surface improvements (provisional).

4.6.2. Key deliverables include:  Detailed design report;  Detailed design drawings, specification; and  Cost estimate based on the detailed design.

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4.7. Tender Phase Services The purpose of this component is to prepare the tender package ready for issue by MODA.

4.7.1. Activities include:  Liaison with MODA and explore innovative tender methods based on the current municipal procurement policy;  Prepare a tender strategy to showcase best practices and prepare for an efficient and cost-effective construction phase;  Based on the new strategy, prepare potentially multiple draft tender packages using the current MODA Standard tender template that can be obtained from the project manager and re-submit to MODA for review with recommendations for potential improvement;  Prepare tender packages ready for issue by MODA and appropriate for posting to the NS Government website; and  Respond to bidder enquiries and prepare addenda during the tendering process.

4.7.2. Key deliverables include:  Electronic copy and one reproducible hard copy of the tender packages for issuing to bidders; and  Addenda during tendering process as needed.

4.8. Construction Management/Administration Provide construction management/administration and inspection services including:

4.8.1. Activities include:  Facilitate and host the pre-construction meeting;  Schedule, facilitate and record bi-weekly meetings with MODA’s Project Manager, contractor, and relevant stakeholders throughout the construction phase of the project. The purpose of the meetings will be to review and update work progress (i.e. scope, schedule & budget), review and update project management plans, and to review, update and track meeting minutes and action items;  Identify and manage risks associated with the project;  Provide clarification on the design intent of the drawings and specifications;  Respond to contractor design questions/requests for information;  Review all payment certificates and recommend amounts for payment based on the consultant’s determination of the work completed in a timely manner; and  Facilitate and host a post construction wrap up meeting. This meeting shall serve as a general review of the project. It shall also serve as the appropriate setting for dissemination of information such as presentation of the project certification, record information package, operation and maintenance manuals, and the handing over of spare parts and warranties to MODA’s operation staff.

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4.8.2. Key deliverables include:  Log of documented issues including recommended resolutions to issues;  Record meeting minutes, reports and other correspondence related to design & construction;  Processing of site instructions, directives, CCOs, and COs, certificates in accordance with the timelines of the contract; and  All submittals are appropriately reviewed and documented in a timely manner.

4.9. Submittal Review Process The purpose of this task is to ensure the products proposed by the contractor comply with the contractual requirements.

4.9.1. Activities include:  Undertake submittal review process including shop drawings, samples, and requests for alternative products.

4.9.2. Key deliverables include:  All submittals are appropriately reviewed and documented in a timely manner.

4.10. Part Time Resident Inspection *** Note that this section of work is provisional and dependent upon workload of MODA’s field staff. The Municipality of the District of Argyle may choose to supply some or all inspection services***

The purpose of this task is to provide part time inspection services (1-2 hrs / day) while working with the Project Managers to ensure the safety and quality of work. This includes:

4.10.1. Activities include:  Provide daily inspection reports on progress and issues/deficiency for each individual site;  Review the quality of contractor workmanship;  Manage and resolve construction deficiencies;  Manage site instructions, directives, contemplated change orders, and change orders;  Review all payment certificates and recommend amounts for payment based on the Proponent’s determination of the work completed in a timely manner;  Ensure the contractor follows safe working procedures and comply with Nova Scotia Department of Labour Act;  Collect necessary field conditions for completion of record information package;  The Proponent is to survey all buried components. Reliance on the contractor’s survey information is not acceptable;  Throughout construction the Proponent is expected to maintain a record of all constructed conditions including changes. Reliance on the contractor’s “red line” information is not acceptable.

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4.10.2. Key deliverables include:  Accurate and timely communication on construction phase;  Record all final settings determined in the field and reflect this information in the Record Information Package; and  Undertake and document deficiency and warranty inspections.

4.11. Inspection by the Engineer of Record The objective of this task is for the engineer(s) of record to undertake the necessary review/inspection.

4.11.1. Activities include:  Engineer(s) of record undertake project reviews and inspections in order to provide project certification at the conclusion of the project.

4.11.2. Key Deliverables include:  Enables the project certification by engineer(s) of record at the conclusion of the project.

4.12. Warranty Period Services The purpose of this task is to provide services during the warranty period.

4.12.1. Activities include:  Undertake and document deficiency and warranty inspections.

4.12.2. Key deliverables include:  Project certification.

4.13. Record Information Package The purpose of this task is to provide The Municipality of Argyle with a complete record information package for the project. All electronic information created for the project shall be provided to MODA and this information shall be in a format that is acceptable to MODA and can be readily input into corporate and GIS databases. The scope of requested information includes all reports, drawings, figures, mapping, specifications and calculations etc.

4.13.1. Activities include:  Collect and compile all necessary information for inclusion in the record information package; (Record survey information will be provided by MODA if full time inspection is not done by the consultant); and,  Provide a draft record information package to be submitted for review to MODA within 30 calendar days after the issuance of substantial completion. The Proponent should assume that this review will be completed in two weeks. The complete and final record information package is to be received by MODA within two (2) weeks of the Proponent’s receipt of MODA’s comments on the draft record information package submission.

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4.13.2. Key deliverables include:  Provide three (3) hard copies and an electronic copy of the complete record information package as per the requirements below;

The record information package must contain the following items: a) Title Page including: -identification of document as a Record Information Package; -project name/tender group; -project Contractor; -project Engineer; -date of issuance; b) Index; c) Schematic site plans; d) Meeting minutes; e) Weekly construction inspection reports; f) Provide color digital photographs of the works for pre-construction, construction, and post-construction. The post-construction photographs shall include photographs taken at angles showing the main features of the individual properties, e.g., buildings, fencing relevant information. All photos are to be adequately labelled with subject, date/time, location, and cardinal direction; g) Permits & certificates; h) Progress claims/payment certificates; i) Site instructions, directives, contemplated change orders, and change orders; and, j) Approved shop drawings.

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5. Information for Proponents 5.1. Proposal Submission The response to this RFP shall be submitted using the two-envelope system as follows:

 The technical proposal shall include an unencrypted searchable PDF electronic file, the hard copy original, bound and clearly marked “original”, and three (3) additional bound copies of the proposal. All copies of the technical proposal are to be clearly marked as “TECHNICAL” and cost information shall not be included in the Technical portion of the submission.

 The financial proposal shall be submitted in a separate, sealed envelope (one copy only) and 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: MODA 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 is preferred). The Proponent is expected to propose a schedule that they feel is realistic, achievable and in alignment with the timing of available funding (November 2021).

(d) A Time Task Matrix showing the breakdown of tasks and associated resource hours for each team member including all sub proponent team members. (Note: NO cost information shall be shown in the Time-Task matrix submitted in the TECHNICAL proposal. Costs may only be shown in the FINANCIAL proposal. Failure to adhere to this requirement will be grounds for disqualification of the proposal).

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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 and indicating their specific role within the project 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 three (3) reference projects including the owners contact information.

Proponents should assume that the references will be contacted. 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 MODA, 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 MODA.

5.1.1.4. Project Management The proposal shall include information to help MODA 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.

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(d) Approach to quality management.

(e) Approach to human resource management.

(f) Approach to excellent communication management within the overall project team and with external stakeholders. If part or all of the team is remote from Yarmouth County provide specifics as to how this will be managed.

(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 Engineering Agreement (ACEC 31-2010).

5.1.1.7. Acknowledgement A complete acknowledgement, in the form of a formal letter 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 MODA in this RFP.

5.1.2. Financial Proposal Submit the Financial Proposal in a separate, sealed envelope, clearly marked “Financial Proposal”. The Proponent shall submit a fee schedule for the major components of the assignment (as shown in Section 5.1.2.1 Financial Proposal Form) and the associated subtasks for each component.

The financial proposal must clearly provide the following:

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

(b) Total all-inclusive 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 applicable;

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exclusive of Harmonized Sales Tax (HST).

(d) Price may not be the determining factor for award. MODA may negotiate 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 envelope. Failure to submit this form will be grounds for disqualification.

Proponents are to assume that the schedule for this project will be as follows:

• Award of contract on April 15, 2020 • Preliminary design completed by June 30, 2020 • Detailed design completed by August 14, 2020 • Tender Round 1 in September 2020 • Construction Start mid-October in 2020 • Construction and reinstatement work finish Summer 2021

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 2020.

For purposes of preparing the response to this RFP, the Proponent is to assume a maximum total project funding of $1,042,860 CAD Incl. HST, which shall not be exceeded. The Engineering fee portion is estimated between $82,000 and $92,000 incl. HST to support the scope of this RFP. Target is to maximize the use of this funding with the goal to upgrade the existing sewers on 50 properties or more, which are identified in Appendix A (Map) and Appendix B (location list). It is our goal to not change the selected sites but may have to expect some minor adjustments to respect the property owner’s decisions. It is to be assumed that 15 hours of part time resident inspection will be required each construction week and shall be coordinated with the selected contractor/s during installation timing.

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Part A Proponents Name: The fee for the project is broken down as follows: ITEM Design Phase Services 4.1 Project Administration / Management $ 4.2 Approvals $ 4.3 Survey / Site Inspections $ 4.4 Geotechnical $ 4.5 Preliminary Design $ 4.6 Detailed Design $ Design Phase Expenses $ Design Phase Subtotal $ Tender Phase Services 4.7 Tender Phase Services $ Tender Phase Expenses $ Tender Phase Subtotal $ Construction Phase Services 4.8 Construction Management / Administration $ 4.9 Submittal Review Process $ 4.10 Part Time Resident Inspection (Provisional) $ 4.11 Inspection by the Engineer(s) of Record $ 4.13 Record Information Package $ Construction Phase Expenses $ Construction Phase Subtotal $ Project Subtotal $ HST $ TOTAL Proposed Maximum Fee $

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Part B Rates for the following that will be credited / charged to the Municipality of Argyle for each unit below / above the estimated units stipulated in each section above: Construction Management / Administration and part time resident inspection (for each working week below / above the estimated working $ weeks noted above). This is to include all services which are impacted by a shortened/extended construction duration

5.1.3. One Response Proponents may not submit more than one proposal.

5.1.4. Address for Submission The proposals shall be delivered to the attention of the Municipal Clerk in a sealed envelope marked “Request for Proposals – Wedgeport Wastewater Improvement Project – Phase 3” no later than 2:00 pm, Atlantic Time, Thursday, April 2nd, 2020.

Municipality of the District of Argyle Attn: Lori Murphy, Municipal Clerk 27 Courthouse Road / PO Box 10 Tusket, NS B0W 3M0

Proposals received after the submission closing date and time will not be accepted and result in rejection.

5.1.5. Hard Copies All proposals are preferred to be in hard copy form. No facsimile transmissions will be accepted. However, amendments to the original document will be accepted by facsimile, if received before the submission closing date. Originals must be forwarded to The Municipality of Argyle so that they may be attached to the original hard copy for validity.

5.1.6. Email Submissions Electronic submissions will be accepted via email or online exchange portals only and shall be labelled as follows: 24250_Comp-name_Technical/Financial.pdf. The content of each individual file (Technical and Financial) shall be password secured to avoid early opening of the documents. The password shall be submitted within one hour after closing of the Tender to the Municipal Clerk at [email protected] and shall be chosen by the proponent.

Faxed submissions will not be accepted.

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5.1.7. Late Submissions The date and time of receipt of a Proposal shall be the date and time indicated by MODA’s date and time stamped on the Proposal or as indicated on the email inbox timing stamp.

5.1.8. 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, MODA may revise any provision or part of the RFP. The proponent shall verify the receipt of all issued addenda as per Verification Form in Appendix C. MODA will not maintain a plan takers’ list; prospective bidders shall be responsible to review the website for any addenda that have been issued. MODA reserves the right to reject proposals or reduce the evaluation value depending on the content of the addenda and its importance to the project.

5.1.9. 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 three (3) days prior to the Submission Closing Date, to MODA’s representative identified below:

Hans Pfeil Director of Public Works The Municipality of Argyle 27 Courthouse Rd P.O. Box 10 Tusket, NS, B0W 3M0 [email protected]

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

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

5.1.10. Period of Submission Validity Proposals will be binding for sixty (60) Days: Unless otherwise specified, all formal proposals submitted shall be irrevocable for sixty (60) calendar days following proposal opening date, unless the Proponent(s), upon request of MODA, agrees to an extension.

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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 MODA in determining best value, as that term is defined in the Nova Scotia Public Procurement Act. MODA reserves the right to award the contract to the qualified firm with the highest assessed or best value proposal.

Selection of a proposal will be based on the following criteria and any other relevant information provided by the Proponent in the submission. MODA reserves the right to prioritize and weigh the importance of each sub-criterion within the identified Technical criteria confidentially.

Proposal Document Criteria Consultant Score (Consideration may include but are not limited to the following) Understanding of MODA Needs /10 Comprehension (demonstrated understanding of the work requirements and objectives)  Understanding of the scope of work requirements and objectives  Attention to relevant challenges

Technical Work Plan /15  Approach & methodology to work requirements & objectives

Project Management /20  Management structure with consultant’s project team  Proposed communication methods between Consultant and MODA  Project Schedule  Quality Assurance standards and practices

Team Composition & Experience /30  Sector specific experience of consultant firm(s)  Experience of individual team members with projects of the same scope and similar size on recent projects within the past 3 to 5 years.  Team member’s appropriate skills and qualifications that must relate to the design of wastewater solutions, site design and construction administration.

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 Understanding of the local community, history and culture  Adequate back up resources  References

Completeness & Presentation /5  Clarity and degree to which the proposal addresses the submission requirements

Sub Total /80 Cost /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 whose fees are within +- 90% of the average fee, shall receive a lineal prorated percentage of the available points for the financial criteria. Proponents who exceed +- 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

The MODA reserves the right to modify the terms, or cancel, or reissue the RFP at any time at its sole discretion.

5.3. Selection Process An Evaluation Team comprised of MODA 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 council at their next available meeting.

Written communication to the successful proponent of notification of award before the time of expiration specified by MODA shall result in a binding contract without further action by either party. MODA 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 MODA.

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. General Information 6.1. Proponent Responsible for Proposal / No Reliance on MODA 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 MODA The issuance of this RFP constitutes only an invitation to submit Proposals. It does not commit MODA to enter into an Agreement with any of the Proponents. MODA 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 MODA 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 MODA to evaluate the Proposal submitted;

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

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

(e) terminate, in its sole and absolute discretion, any and all subsequent consideration of, or Agreement with, any Proponent, if it believes a change in the membership of the Proponent, from that described in its Proposal, adversely affects the scoring of the Proponent's Proposal or the

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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 MODA; 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 The Municipality of the District of Argyle, its management, employees and agents accept no liability for any costs, expenses, damages or otherwise of any Proponent for the proposal response to this RFP.

MODA, its councilors, Sr. management, officers, employees 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 MODA MODA will consider all Proposals as confidential, subject to the disclosure requirements imposed by applicable law. MODA 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 MODA 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 MODA. 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 MODA.

6.5. Costs and Expenses of the Proponent MODA 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 MODA 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 MODA 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 MODA is not obliged to seek clarification from the Proponent regarding any aspect of its Proposal.

MODA 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, MODA 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 MODA will request clarifications.

Supplementary documentation accepted by MODA 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. MODA reserves the right to disqualify the Proponent if, in the opinion of MODA 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 MODA, 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 Association of Consulting Engineering Companies – Canada Document 31 -2012 “Engineering Agreement Between Client and Engineer”. The Successful proponents “Standard Terms and Conditions” may be used as alternative and needs approval from MODA.

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 MODA shall constitute any express or implied warranty or representation by MODA, except as explicitly stated herein and therein.

6.11. Waiver / No Reliance MODA does not accept responsibility for any information, advice, errors or omissions which may be contained in this RFP or its appendices or any addendum. MODA 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 MODA 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 MODA. 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 MODA.

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

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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, 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 MODA, the Province of Nova Scotia and the laws of Canada applicable therein.

6.16. Confidentiality The proponent agrees to the following confidentiality procedures:

(a) MODA 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 MODA and MODA 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 MODA’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 MODA’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 MODA upon request and in any event immediately upon completion or cessation of the RFP process.

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The Proponent shall submit a statement in this RFP explicitly detailing the measures proposed to achieve this confidentiality and confirming a commitment to The Municipality of Argyle'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.

- End of RFP - 7. Appendices

Appendix A – Site Location Map

Appendix B – Site Location List

Appendix C – Addendum Verification Form

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Appendix A

Site Location Map

Appendix B

Site Location List Wedgeport Waste Water Project Phase 3

Site # PID Owner Site Address 1 90097213 Raymond & Elise Doucette 2762 Highway 334, Wedgeport 2 90100744 Canada Post Corporation 3006 Highway 334, Lower Wedgeport 3 90097726 Elizabeth & Joseph Robbins 121 Corporon Rd, Wedgeport 4 90098419 Paul Doucette 2851 Highway 334, Lower Wedgeport 5 90098377 Albert Mcnamara 2843 Highway 334, Lower Wedgeport 6 90098492 Clinton & Arlene Saulnier 42 Doucet Rd, Lower Wedgeport 7 90099284 Barbara & John Saulnier 2950 Highway 334, Lower Wedgeport 8 90291626 Wedgeport Boats Limited 3384 Highway 334, Lower Wedgeport 9 90102161 Monica & Paul Doucette 3342 Highway 334, Lower Wedgeport 10 90101833 Warren & Jeanne Doucette 3249 Highway 334, Lower Wedgeport 11 90102260 Charles & Joan Leblanc 3366 Highway 334, Lower Wedgeport 12 90101890 Donald Jacquard 3268 Highway 334, Lower Wedgeport 13 90100462 Edgar & Zelma Hubbard 84 Jacquard Rd, Lower Wedgeport 14 90100421 Edgar & Zelma Hubbard 98 Jacquard Rd, Lower Wedgeport 15 90092842 Derrick & Wendy Deviller 2182 Highway 334, Upper Wedgeport 16 90093394 John & Irene Pauze 2290 Highway 334, Upper Wedgeport 17 90102005 Loran Leblanc 3289 Highway 334, Lower Wedgeport 18 90094319 Martin & Lisa Doucette 2522 Highway 334, Wedgeport 19 90220641 Sandra Cottreau 2410 Highway 334, Wedgeport 20 90093782 Debra Mcdonald 2383 Highway 334, Wedgeport 21 90092883 George Cottreau 2202 Highway 334, Upper Wedgeport 22 90096934 3276648 Nova Scotis Limited 2662 Highway 334, Wedgeport 23 90023870 Tommy and Ena Leblanc 1992 Highway 334, Wedgeport 24 90023946 Lisa Bourque 2005 Highway 334, Wedgeport 25 90092834 Bruce LeBlanc 2181 Highway 334, Wedgeport 26 90093279 Patrick LeBlanc 2268 Highway 334, Wedgeport 27 90093295 Martin Doucette 2278 Highway 334, Wedgeport 28 90094160 Natalie Wee 2484 Highway 334, Wedgeport 29 90094277 Lorelei Murphy 2508 Highway 334, Wedgeport 30 90094327 Regina LeBlanc 2531 Highway 334, Wedgeport 31 90094467 Brian Smith 2574 Highway 334, Wedgeport 32 90092719 Jamie Doucette 31 Dirt Road, Wedgeport 33 90092453 Terrance Doucette 349 Cape Wharf Road, Wedgeport 34 90095779 George Hubbard 134 Chemin des Cottreau, Wedgeport 35 90093782 Marylin LeBlanc & Pamela Cottreau 2383 Highway 334, Wedgeport 36 90094285 Roland Murphy 2515 Highway 334, Wedgeport 37 90096918 3276648 Nova Scotia Limited 2656 Highway 334, Wedgeport 38 90096934 Daniel Morrow & Stella Thomas 2662 Highway 334, Wedgeport 39 90095936 Rose Pothier 179/181, Chemin de L'est, Wedgeport 40 90094780 Jean Cottreau 14 Chebeck Rd, Wedgeport 41 90094038 Alexander Muise 2435 Highway 334, Wedgeport 42 90098468 David Rhyno 2864 Highway 334, Lower Wedgeport 43 90096231 David & Joanne Doucette 66 Surette Cross Rd, Wedgeport 44 90096280 Harold Cornet & Janine Surette 84 Surette Cross Rd, Wedgeport 45 90096330 George & Judith 219 Surette Rd, Wedgeport 46 90101023 Reuben & Leah Boudreau 32 New Rd, Lower Wedgeport 47 90101262 Rhonda Cottreau 3141 Highway 334, Lower Wedgeport 48 90101619 Thomas & Tania Boubreau 3223 Highway 334, Lower Wedgeport 49 90093485 Loretta Pothier 2331 Highway 334, Upper Wedgeport 50 90097163 Arla Adams & Terry Fitzgerald 2761 Highway 334, Wedgeport 51 90097114 Joseph Jacquard 2742 Highway 334, Wedgeport 52 90101510 Gordon Boudreau 3204 Hwy 334, Lower Wedgeport Appendix C

Addendum Verification Form

I hereby acknowledge to have received and read the following addendum that has been issued by the Municipality of Argyle.

Addendum # Title Issued date Signature 1

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