Water Tank Coating - Nova Scotia · 2020. 7. 8. · Water Tank Coating AND LIST OF DRAWINGS Page 1...

Contract: 200231.00

Town of Yarmouth Water Tank Coating Issued for Tender

July 2020

Town of Yarmouth LIST OF CONTENTS Section 00 01 11 Water Tank Coating Page 1 Contract No. 200231.00 July 2020

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Section Title Pages Division 00 - Procurement and Contracting Requirements 00 21 00 DESCRIPTION OF WORK AND LIST OF DRAWINGS 1 00 21 13 INFORMATION TO TENDERERS 3 00 41 42 TENDER FORM – STIPULATED PRICE 4 00 53 42 AGREEMENT BETWEEN OWNER AND CONTRACTOR CCDC 2 – 2008 5 00 71 00 DEFINITIONS CCDC 2 – 2008 2 00 72 45 GENERAL CONDITIONS CCDC 2 – 2008 24 00 73 00 SUPPLEMENTARY GENERAL CONDITIONS 7 Division 01 - General Requirements 01 00 00 GENERAL INSTRUCTIONS 17 Division 09 – Finishes 09 91 13 EXTERIOR PAINTING SYSTEM – WATER TANK 7 Appendix A – Record Drawings

Town of Yarmouth DESCRIPTION OF WORK Section 00 21 00 Water Tank Coating AND LIST OF DRAWINGS Page 1 Contract No. 200231.00 July 2020

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1.1 GENERAL .1 The project is located at the Town of Yarmouth,

Nova Scotia.

.2 The Work generally includes but is not necessarily limited to: .1 Supply and install an exterior coating system for a potable water storage tank. The Work includes surface preparation as well as the supply and application of an epoxy sealer/primer, a spot repair product, and an aliphatic acrylic polyurethane overcoat. .2 Preparation, submission and implementation of an approved site specific health and safety plan with special attention to working at heights and COVID-19

Town of Yarmouth INFORMATION Section 00 21 13 Water Tank Coating TO TENDERERS Page 1 Contract No. 200231.00 July 2020

1. A complete Tender is comprised of the following: a) The Tender Form in its entirety, with all pages and spaces for

entry of information by Tenderers filled in as instructed. b) Addenda received by the Tenderer during the tendering period. c) Tender Security (refer to clause 11 herein). d) Proof of insurance stipulated in Section 00 72 45, GC 11.1 and

CCDC 41 herein.

2. The tender shall be submitted in a sealed envelope marked as follows:

TENDER FOR

Town of Yarmouth Water Tank Coating Contract No. 200231.00

The tender shall be submitted by either email to [email protected] or delivered up until 2:00 p.m., local time, on Thursday July 23rd, 2020, hereinafter referred to as the Tender Closing. For an email submission the subject heading must read “Town of Yarmouth Contract No. 200231.00 - Water Tank Coating.” The time stamp of the email received by [email protected] will be used to determine if the submission was received in time – not the time the emailed was sent by the sender. Last minute submissions are not recommended. For an email submission provide hardcopies of the complete submission within three (3) business days of Tender Closing at the following location:

Town of Yarmouth 400 Main Street Yarmouth, NS B5A 1G2

Attention: DeMario Dunkley, P.Eng

3. Tender opening will occur upon receipt of all original hard copies. 4. Before tendering, Tenderers shall have examined the site of the work and

shall have satisfied themselves as to the working conditions, including labour conditions and labour rules, the nature and kind of work to be done, any special risks associated therewith and all other matters which may be necessary in order to form a proper conception under which the work will be required to be performed. Tenderers shall not be entitled to claim at any time after closing of tenders that there was any misunderstanding in regard to all such conditions.

5. When forming their estimates and preparing their tenders, Tenderers

shall take full cognizance of the content of all the Contract Documents listed in Section 00 41 42 – Tender Form – Stipulated Price.

mailto:[email protected]:[email protected]


6. Any ambiguities, inconsistencies, or uncertainties in the Contract

Documents which may become apparent to Tenderers when tendering shall be advised in writing to the Consultant at Suite 901, 1505 Barrington Street, Halifax, Nova Scotia, B3J 2R7, Attention: Steve Eisan, P.Eng., at [email protected] or Fax: (902) 423-3938, not less than three (3) working days before Tender Closing. Tenderers will be advised simultaneously of any decisions on such matters as necessary by means of addenda (which will be serially numbered) and all addenda issued shall be incorporated into the Contract Documents.

7. All tenders shall be valid for acceptance for sixty (60) calendar days

from the Closing Date. 8. The Agreement is included in the Contract Documents at the time of

tendering only for information and shall not be completed at the time of tendering.

9. The appending of any qualifying clauses to the tender or failure to

comply with these instructions and with all other relevant provisions contained in the documents in the completing of any tender renders such tender liable to disqualification.

10. Contract Price to exclude HST. Harmonized sales tax shall be indicated

as a separate amount and included in the Total Amount Payable. 11. Each tender shall be accompanied by Tender Security in the amount of ten

percent (10%) of the Total Amount Payable in evidence of the bona fide nature of the tender. This Tender Security shall be in favour of the Owner and shall be in the form of a Certified Cheque, irrevocable Letter of Credit or a Bid Bond which shall guarantee to the Owner that in the event of the successful Tenderer declining to enter into a formal agreement with the Owner as called for in the Contract Documents, or declining or neglecting to provide the Insurance or Contract Security required by the Contract Documents, then the Owner will be reimbursed the additional cost of accepting another tender or Tender Security amount, whichever is the lesser.

.1 The bonds shall be issued by a company whose guarantee bonds are acceptable to the Government of Canada. Use latest edition of CCDC Form 220.

12. The Tender Security of the unsuccessful Tenderers will be returned to

them after the Owner enters into a formal agreement with the successful Tenderer or the expiration of validity of their tenders, whichever is the sooner.

13. On the written acceptance by the Owner of a tender, that tender becomes

the Contract and the Tenderer who has submitted it becomes the Contractor. The Contractor will be required to enter into a formal agreement with the Owner following receipt of a written notice of acceptance from the Owner. The written notice of acceptance forms a Contract Agreement until the formal “Agreement” is executed.

14. Within seven (7) days of written acceptance of a tender that tenderer


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shall provide Contract Security in the amount and form as specified in GC 11.2 and as supplemented in Section 00 73 10 - Supplementary General Condition and Insurance as specified in GC 11.1.

15. Complete the Tender Form in ink and have corrections initialled by the

individual signing the tender. 16. Where manufactured articles are described or specified in the Contract

Documents by name, catalogue number of a manufacturer or supplier, Tenderers shall tender on the basis of using only such articles. Procedure concerning substitution of a specified article with another shall be in accordance with equivalents and alternates in Section 01 00 00 - General Requirements.

17. The Owner will not defray any expenses whatsoever incurred by Tenderers

in the preparation and submission of their tenders. The Owner reserves the right to waive any formality or technicality in any tender.

18. The Owner reserves the right to accept or to reject any or all tenders

received, or to select a tender which is deemed by the Owner to be in its best interests. The Owner reserves the right to negotiate with the lowest compliant tenderer in the event that all tendered prices are higher than anticipated.

19. Tenders, which in the opinion of the Owner are considered to be informal

or unbalanced, may be rejected. 20. Tenders may be amended or withdrawn without penalty, by letter or email

to [email protected] prior to Tender Closing. Amendments shall not disclose either original or revised total price.

.1 Head amendment or withdrawal as follows: “[Amendment]/[Withdrawal] of Tender for the “Town of Yarmouth, Water Tank Coating, Contract No. 200231.00”. Sign and seal as required for tender, and submit at address given for receipt of tenders. All Submissions must be received prior to Tender Closing.

.2 Tenderers may revise their bid price by amending individual unit prices by email, provided that the revision is received prior to Closing. The Owner will not be responsible for any failure attributable to the electronic transmission or reception of the email.

21. Tenderers are to attend a non-mandatory site meeting, held at the Site

at 10:00 a.m. on Thursday, July 16th, 2020. Questions may be asked and description of the Work may be discussed during this meeting, however no minutes of the meeting will be distributed. Modifications made by way of addenda, to tendering requirements or the Contract Documents, shall be binding.

23. Record drawings of the existing tanks are provided for information in

Appendix A. The Consultant does not guarantee their accuracy and any interpretations or extrapolations of their contents are solely at the discretion of the bidder and the Consultant accepts no liability for their contents.

mailto:[email protected]

Town of Yarmouth TENDER FORM - Section 00 41 42 Water Tank Coating STIPULATED PRICE Page 1 Contract No. 200231.00 July 2020

TO: Town of Yarmouth, attn: DeMario Dunkley, P.Eng FROM: The undersigned Tenderer, having carefully read and examined the undermentioned Contract Documents prepared by CBCL Limited for the completion of the Town of Yarmouth, Water Tank Coating, Contract No. 200231.00, which comprise all the tender documents in accordance with the following documents: Description of Work and List of Drawings Tender Form – Stipulated Price Agreement Between Owner and Contractor Definitions General Conditions of the Stipulated Price Contract - CCDC 2-2008 Supplementary General Conditions Specifications Drawings Addendum/Addenda hereby accepts the same as part and parcel of the Contract herein referred to, and having carefully examined the locality and site of Work and having full knowledge of the work required and of the materials to be furnished and used, does hereby Tender and offer to enter into a contract to perform and complete, the whole of the said Work and provide all necessary labour, plant, tools, materials and equipment and pay all applicable taxes, as set forth and in strict accordance with the Specifications, Drawings and other Contract Documents and to do all therein called for on the terms and conditions and under the provisions therein set forth as follows.

CONTRACT PRICE $ ADD HST (15% OF CONTRACT PRICE) $ TOTAL AMOUNT PAYABLE $ Tenderer’s HST Registration No. COMPLETION TIME 1. Tenderer agrees to complete Substantial Performance of the Work no later

than September 30th, 2020 providing the Contract is awarded within 14 days of bid closing.


The Undersigned Tenderer: .1 Declares that this tender is valid for acceptance until ,

202 (being sixty (60) calendar days from the Tender Closing). .2 Declares that the Contract Price set forth in the Tender Form has been

correctly computed for the purposes of this tender and that it includes and covers all duties, and handling charges; transportation; and all other charges. Harmonized sales tax is not to be included in the Contract Price.

.3 Hands you herewith by way of Tender Security a Bid Bond or Certified

Cheque or irrevocable Letter of Credit in the amount of ten percent (10%) of the Total Amount Payable on the understanding that in the event of this tender not being accepted by you, then this Tender Security will be returned to the undersigned Tenderer either at the time that the Contract is entered into with some other Tenderer, or at the expiration of validity of this tender, whichever is the sooner.

.4 Undertakes in the event of your acceptance of this tender, to execute a

formal agreement in the form hereto attached, within seven (7) days of written acceptance and further agrees to provide the Contract Security in the amount and for as specified in GC 11.2 and as supplemented in Section 00 73 00 – Supplementary General Conditions, and Insurance as specified in GC 11.1

.5 Undertakes, in the event of your acceptance of the Tender, to achieve

Substantial Performance of the Work within the number of weeks of written notification of Award indicated above.

.6 Agrees that in the event of failing or neglecting either to provide the

Contract Security and Insurance and/or to execute the Agreement in the manner herein before undertaken, then the Tender Security shall be forfeited.

.7 Agrees that unless and until a formal agreement is prepared and executed, this tender together with your written acceptance thereof shall constitute a binding Contract between us.

.8 Understands and agrees that the Owner is not bound to accept the lowest or any tender which they may receive.

.9 Agrees to provide, maintain and pay for the insurance coverages

specified in the Contract Documents. One copy of all insurance policies of the Contractor and two copies of certificates of insurance, certifying to the issuance of all insurance policies, shall be furnished to the Owner. Each and every insurance policy shall name the Contractor, Owner and Consultant as being insured in the full amount of the insurance.

.10 Declares to have personal knowledge of the location of the proposed Work and is informed as to the actual conditions and requirements, including labour conditions and labour rules and shall not claim at any time after execution of the Agreement that there was any misunderstanding in regard


to such conditions and requirements.

.11 Declares to have carefully examined the documents and Addenda No. to referred to in the first paragraph of this Tender Form, and the Tenderer hereby accepts and agrees to the same as forming a part of the Contract.

.12 Understands that in the event that the tendered Contract Price is not

within the project budget, the Owner has the right to negotiate the Contract with the low bidder or reject all tenders received.

.13 Agrees that the Warranty Period defined in the Contract Documents shall

be for a period of one (1) year from the date of Substantial Performance of the Work.

.14 Understands that Substantial Performance of the Work will be established

in accordance with General Conditions of the Contract and applicable lien legislation.

.15 Understands that after the issuance of the certificate of Substantial

Performance of the Work by the Consultant, provided that the Contractor has relieved the Owner from any and all claims, demands and lien claims for and in respect of the Contract, and has completed all outstanding items and corrected all deficiencies, the Contractor shall submit an application for Final Payment and the Consultant will thereafter prepare the Final Certificate for payment in accordance with the General Conditions of the Contract and applicable lien legislation

.16 Understands that the payment of holdback will be in accordance with the

General Conditions of the Contract and subject to the provisions of the lien legislation applicable to the Place of Work.

.17 Understands the occupational Health and Safety Legislation and any

Workers or Workplace compensation legislation applicable to the Place of the Work and declares that they are in good standing and have all necessary certification as required by such legislation.

.18 Agrees that time shall be construed as being of the essence of the

Contract.


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DATED THIS DAY OF , 202 . [Seal] Name of Firm Tendering Signature of Signing Officer Witness Name and Title (Printed) Witness Signature of Signing Officer Name and Title (Printed) Company Address Telephone No. Fax No. *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.

Town of Yarmouth Section 00 53 42 Water Tank Coating Contract No. 200231.00 July 2020

AGREEMENT BETWEEN OWNER AND CONTRACTOR

CCDC 2 – 2008


DEFINITIONS CCDC 2 – 2008


GENERAL CONDITIONS OF THE CIVIL WORKS CONTRACT

CCDC 2 – 2008

Town of Yarmouth SUPPLEMENTARY Section 00 73 00 Water Tank Coating GENERAL CONDITIONS Page 1 Contract No. 200231.00 July 2020

These Supplementary Conditions amend Standard Construction Document – CCDC 2 – 2008. Where a portion of the Document is modified or deleted by these Supplementary General Conditions, the unaltered portions of the Document shall remain in effect. AGREEMENT BETWEEN OWNER AND CONTRACTOR Page 5, after Article A-8 insert the following:

“ARTICLE A-9 SEVERABILITY 9.1 Each and every paragraph, section, clause, sub-clause or other component of the Contract is severable one from the other. Should it be found by a court of competent jurisdiction that any one or more paragraphs or parts thereof are null and void, the validity of the remaining paragraphs or parts thereof shall not be affected. ARTICLE A-10 TIME OF THE ESSENCE 10.1 Time shall be deemed to be of the essence of the performance of the Contractor’s obligations herein under.”

DEFINITIONS Page 6, Clause 13 – Place of Work, add the following sentence: “Any reference within the Contract Documents to the term “Site” shall be

considered interchangeable with the Definition: Place of Work”. Page 7, Add the following new Definitions: 27. Approved or Approval “Approved” or “Approval” means acceptance by the Consultant in

accordance with the Consultant’s responsibilities described in Clause GC 2.2 ROLE OF THE CONSULTANT.

28. Total Amount Payable Total Amount Payable means the sum of the Contract Price in the Tender

Form, subject to adjustments made in accordance with the provisions of the Contract Documents plus the amount of Value Added Taxes.

29. Period of Delay The period of time from the date stated in the Agreement and the actual

date of Substantial Performance; if any. GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 – GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS Page 8, Clause 1.1.8, delete the words “sufficient copies” and replace with “three (3) copies”.


PART 2 – ADMINISTRATION OF THE CONTRACT GC 2.2 ROLE OF THE CONSULTANT Page 9, in Clause 2.2.6, line 2, after “techniques,” add “schedules,” Page 9, Clause 2.2.9, add the following sentence at end of paragraph: “The Owner and the Contractor shall waive any claims against the Consultant

arising out of the making of such interpretations and findings.” PART 3 – EXECUTION OF THE WORK GC 3.1 CONTROL OF THE WORK Page 11, Clause 3.1.2, after “techniques,” add “schedules,” GC 3.5 CONSTRUCTION SCHEDULE Page 12, in Clause 3.5.1.1, delete “prior to the first application for payment” and replace with “not later than two (2) weeks after receipt of the Letter of Acceptance”. Page 12, add new Clause 3.5.1.4 as follows:

“3.5.1.4 Two (2) weeks prior to start-up and commissioning, provide a detailed plan, including a schedule of all start-up and commissioning related activities as specified in the Contract Documents.”

GC 3.4 DOCUMENT REVIEW Page 12, add clause 3.4.2 as follows:

“3.4.2 The doctrine of contra proferentem shall not apply in the interpretation of Contract meaning that if there is any ambiguous language in the Contract it shall not be interpreted more strongly against the party who prepared or drafted the ambiguous language.

GC 3.6 SUPERVISION Page 12, delete clause 3.6.1 and replace with the following:

“3.6.1 The Contractor shall provide all necessary supervision and appoint a full-time competent representative who will be in attendance at the place of Work while work is being performed. The appointed representative shall not be changed except for a valid reason submitted to the Owner in writing at least five (5) working days before the change is made.”

GC 3.7 SUBCONTRACTORS AND SUPPLIERS Page 13, Clause 3.7.6, delete “through the Consultant,” GC 3.10 SHOP DRAWINGS


Page 13, delete Clause 3.10.3 and replace with the following:

“3.10.3 The Contractor shall prepare and submit to the Consultant for review, a schedule of the dates for provision, review and return of Shop Drawings. This submission shall be prior to the project Start-Up meeting.”

Page 13, delete Clause 3.10.12 in its entirety, and add the following:

“3.10.12 The Consultant will review and return Shop Drawings in accordance with the schedule agreed in Clause 3.10.3.”

GC 3.13 CLEANUP Page 14, at the end of Clause 3.13.2, add new sentence as follows: “The Consultant will inspect the Place of Work for acceptance before

issuing the Certificate of Substantial Performance of the Work.” Page 14, at the end of Clause 3.13.3, add new sentence as follows: “The Consultant will inspect the Place of Work for acceptance before

evaluating the application for Final Payment.” PART 4 - ALLOWANCES GC 4.1 CASH ALLOWANCES Page 14, Delete GC 4.1 in its entirety. PART 5 - PAYMENT GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK Page 16, After Clause 5.4.1 add the following:

“5.4.1.1 Fifteen days before the Contractor submits his application for Substantial Performance of the Work, all Operations and Maintenance Manual materials shall be submitted in accordance with the Contract Documents. The Certificate of Substantial Performance will not be issued until this requirement is met.”

GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK Page 16, after Clause 5.5.1.2, add the following:

“5.5.1.3 Submit a certificate by deed search to the Owner by a solicitor qualified to practice law in the Province of the Place of Work, certifying that no lien associated with the Work exists against the Owner’s property or Work;

5.5.1.4 Submit a clearance letter from the Workers’ Compensation Board;

and 5.5.1.5 All such documents shall be dated not earlier than the expiry of

the Lien Period.”


Page 16, delete Clause 5.5.3 in its entirety. Page 16, after Clause 5.5.4, add the following:

“5.5.4.1 If, within sixty (60) days after the issue of the Certificate of Substantial Performance, the Contractor has not corrected all the documented deficiencies, the Owner shall retain sufficient monies, as determined by the Consultant, to cover the cost of completing said deficiencies. These monies shall be held in addition to holdback monies retained in accordance with the provisions of the Contract and subject to the terms of the Lien legislation in the Place of Work.” [Is this still true?] The new way of calculating the finishing holdback is 10 percent of the price of remaining services or materials to be supplied.

GC 5.7 FINAL PAYMENT Page 17, after Clause 5.7.1, add the following:

“5.7.1.1 Contractor’s application for final payment will only be considered when the following have been performed:

.1 Work has been completed and inspected for compliance with the Contract Documents, and the Consultant has agreed that all the requirements of the Contract have been fulfilled by the Contractor.

.2 Defects have been corrected and deficiencies have been completed.

.3 Equipment and systems have been tested, adjusted and balanced and are fully operational, and written reports as outlined in the Contract Documents have been provided to the Consultant.

.4 Certificates required by utility companies, manufacturer’s and inspectors have been submitted.

.5 Spare parts, maintenance materials, record drawings, warranties and bonds have been provided.

5.7.1.2 If, in the opinion of the Consultant, the above requirements are

not complete, then the Consultant will not accept the application, and request resubmission.

Page 17, Clause 5.7.4, in line 2, change “5 calendar days” to “20 calendar days”. PART 6 – CHANGES IN THE WORK GC 6.2 – CHANGE ORDER

Page 17, delete first sentence of clause 6.2.2 and replace with the following:

"When the Owner and Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order."

Page 18, add new clauses 6.2.3 through 6.2.7 as follows:


"6.2.3 The mark-up of agreed upon changes are as follows: .1 Work performed by the Contractor’s own forces will be the cost of the Work plus ten (10%) percent overhead and profit. .2 Work performed by the subcontractor’s force will be the cost of work plus 15% overhead and profit. Where the Work can be done by the Contractor’s forces, as determined by the Consultant, but is done by the subcontractors forces, the mark-up for overhead and profit will be limited to ten (10%) percent.

6.2.4 Before the approval of any change order over $1,000 in value the

Consultant is entitled to receive, upon request, at a minimum the following breakdown of cost associated with such change order: .1 Labour rates, excluding operators. .2 Equipment rates including operators. .3 Supervisory staff rates. .4 Subcontractor invoices where applicable. .5 Overhead costs including worker’s compensation, site trailer, cost as applicable, insurance, bonding, small tool expenses, CPP, EI contributions.

6.2.5 No compensation for extra work or material shall be allowed

unless such work or material is ordered in writing by the Consultant.

6.2.6 Whenever any extra work or claim for extra work is in progress,

the Contractor shall, each working day, report to the Consultant in writing and in full detail, the amount and cost of the labour and materials used in carrying out such work on the preceding working day and no claim for compensation for such work or materials shall be considered or allowed unless such report shall have been made. The Consultant shall not allow any compensation for the cost of repairs to equipment or in respect of construction equipment of any kind idle on the Site except as directed by the Consultant in writing or for damage to anything used in performing any such extra work or making any such alteration.

6.2.7 The price applicable to any work omitted from the Contract,

which shall be deducted from the Contract Price, shall be mutually agreed upon by the Contractor and the Consultant in which case the price shall be comparable to prices quoted on work of similar nature.’’.

GC 6.3 CHANGE DIRECTIVE Page 19, Clause 6.3.12, add the following sentence at end of paragraph: “If the Consultant determination is not accepted by either party, then the

matter shall be settled in accordance with the requirements of PART 8 DISPUTE RESOLUTION.”

GC 6.5 DELAYS Page 20, after Clause 6.5.5, add the following new Clauses:

“6.5.6 Time shall be construed as being the essence of the Contract.


6.5.7 Should the Contractor fail to obtain Substantial Performance of

the Work by the date indicated in Article A-1, Clause 1.3 in the AGREEMENT BETWEEN OWNER AND CONTRACTOR, the period of time from this agreed date to the actual Date on the Certificate of Substantial Performance of the Work as determined by the Consultant, shall be termed the Period of Delay.

6.5.8 In the event of there being a Period of Delay, the Contractor

shall be liable for and shall pay to the Owner the cost of continuance of supervision during the Period of Delay, and all additional fees, disbursements and costs incurred by the Owner by reason of there being such Period of Delay for each and every day that the work or works remain unfinished after the time so specified. The Owner may deduct the amount of such delay charges from each progress payment following the event until the project reaches Substantial Performance as certified by the Consultant.”

GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE Page 20, delete Clause 6.6.5 in its entirety and add the following:

“6.6.5 The Consultant’s findings, with respect to a claim made by either party, will be given by Notice in Writing to both parties within reasonable time after receipt of the claim information noted in Clause 6.6.3.”

Page 20, add the following new Clause 6.6.7:

“6.6.7 The Owner may make claims arising out of the costs incurred for additional services provided by the Consultant resulting from the Contractor’s failure to reasonably perform the Work in accordance with the terms and conditions of the Contract, including the Contractor’s issuance of unnecessary Requests for Information (RFI’s). The Consultant will notify the Owner and Contractor where it has been determined that additional services will be required or have been provided in order not to cause a delay. The Owner shall make claims based on the Consultant’s invoices.”

PART 9 - PROTECTION OF PERSONS AND PROPERTY GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES Page 24, Clause 9.2.7.4, after “Contractor”, add “Consultant” GC 9.5 MOULD Page 25, Clause 9.5.2.4, after “Owner”, add “and Consultant” Page 25, Clause 9.5.3.4, after “Contractor”, add “and Consultant” PART 10 - GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES Page 25, Clause 10.1.2, add the following at the end of paragraph:


“and in accordance with the Contract Documents” Page 25, after Clause 10.1.2, add new Clause 10.1.3 as follows:

“10.1.3 The Contractor shall indicate on each application for payment as a separate amount, the appropriate Harmonized Sales Tax the Owner is legally obliged to pay. This amount will be paid to the Contractor in addition to the amount certified for payment under the Contract.”

PART 11 – INSURANCE AND CONTRACT SECURITY GC 11.2 CONTRACT SECURITY Page 27, delete GC 11.2.1 in its entirety and replace with the following:

“11.2.1 The Contractor shall, prior to commencement of the Work, provide to the Owner a Performance Bond and a Labour and Materials Bond, each in the amount of 50% of the Total Amount Payable or an Irrevocable Letter of Credit in the amount of 20% of the Total Amount Payable. The Irrevocable Letter of Credit shall be issued by a certified financial institution and must be valid until the expiration of the warranty period. Include the cost of providing the Irrevocable Letter of Credit in Contract Price. Should it become apparent that the final cost of the project will exceed the Total Amount Payable by more than 10%, the Contractor shall arrange to have his bonds reissued, based on the projected final cost.”

Page 28, add new clause GC 11.2.3 as follows:

“11.2.3 The Contract Security will be retained until the expiration of the Warranty Period.”

PART 12 - INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY GC 12.1 INDEMNIFICATION Page 28, Clause 12.1.1, in line 2, after “hold harmless the other” replace with “hold harmless the other and the Consultant.


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GC 12.3 WARRANTY Page 30, Clause 12.3.1 and replace with the following:

“12.3.1 The warranty period under the Contract is one (1) year from the date of Substantial Completion.”

Page 30, Clause 12.3.4, add the following to end of paragraph:

“All work of repair or replacement carried out during the Warranty Period shall be maintained for a period of one (1) year from the date of the Consultant’s acceptance of the work of repair or replacement notwithstanding that the Warranty Period expires before the expiration of the said year. This clause shall not apply to normal operation maintenance, which shall be carried out by the Owner.”

Town of Yarmouth GENERAL REQUIREMENTS Section 01 00 00 Water Tank Coating Page 1 Contract No. 200231.00 July 2020

PART 1 - GENERAL 1.1 Description of .1 As stated in Section 00 21 00. the Work 1.2 Datum .1 All levels shown on the Drawings are referred to

the Canadian Geodetic Datum. Verify all elevations prior to commencing work.

1.3 Cost Breakdown .1 Before submitting first progress claim, submit

detailed breakdown of the stipulated price as directed by Consultant. After approval by Consultant, cost breakdown will be used as the basis for progress payments.

1.4 References and .1 Perform Work in accordance with the latest edition Codes of the National Building Code (NBC), National Fire

Code (NFC), National Plumbing Code (NPC), Canadian Electrical Code, and/or any other code of provincial or local application provided that in any case of conflict or discrepancy, the more stringent requirements governs.

.2 Reference has been made to certain Domestic,

National and International Standards throughout the various sections of the Specification contained herein. These Standards will be considered an integral part hereof and shall be read in conjunction with the Drawings and Specifications as if they were reproduced herein. Be completely familiar with their contents and requirements.

1.5 Project .1 Start-up Meeting: Management and .1 Within five (5) working days after Coordination notification of award, and before any Work commences

onsite, arrange a meeting of parties to discuss and resolve administrative procedures and responsibilities. .2 Confirm the Owner or their designated representative, the Consultant, and major subcontractors will attend. .3 Establish time and location of meeting. .4 If not already executed and if the Contractor has secured Contract Security the Consultant will bring to the meeting the Contract for execution. .5 Agenda to include the following:

.1 Appointment of official representative of participants in the Work.


.2 Establish project coordination meeting frequency and required attendees. .3 Schedule of Work, showing key milestones such as equipment/material delivery dates and substantial completion date. .4 Schedule of submission of shop drawings, samples and finish samples. .5 Requirements for temporary facilities, site sign, office, storage sheds, utilities, fences and laydown area. .6 Security requirements will be reviewed. .7 Discuss process for payment clauses, changes and other administrative requirements. .8 Owner-furnished products, where applicable. .9 Insurance certificates and permits. .10 Hours of Work and site supervision requirements.

1.6 Construction .1 As soon as it is practicable, in any case not later and Work Schedules than two (2) week(s) after the start of the Contract,

submit to the Consultant for review and approval, a program and construction schedule showing the order of procedure, significant Contract dates, and proposed method to carry out and complete the Work within time period required by Contract Documents.

.2 Provide information regarding the execution of the

Work and of the equipment temporary works, and labour which the Contractor intends to supply, use or construct as the case may be.

.3 Construction schedule to be standard "bar" type,

showing commencement, duration and completion of activities of all trades and suppliers involved.

.4 The construction schedule is subject to review by

Consultant. Revise and resubmitt as directed.

.5 Construction schedule to identify activities and work of other contractors for full execution and coordination of the Work.

.6 Update schedules periodically and submit updated

construction schedule two (2) days prior to routine construction meetings held with Owner and Consultant. Where work has fallen behind the original schedule times, indicate methods proposed to correct such loss of time, to maintain the stated Completion Time.


1.7 Construction .1 This subsection identifies restrictions that may

impact the scheduling or execution of the Work. This does not purport to identify all potential disruptions, but rather it is meant to assist the Contractor to understand the project.

.2 Be fully aware that the Owner may occupy premises

during the entire construction period for execution of normal operations. Co-operate with Owner in scheduling work to minimize conflict and to facilitate Owner’s operation and maintenance activities.

.3 Work of this Contract is located in an area where normal working hours are: .1 7:30am to 4:30pm, Monday to Friday inclusive. .2 Work performed outside these hours require approval by the Owner. Request approval in writing at least 48 hours in advance.

.4 Make all reasonable efforts to provide access by

the Owner’s personnel to areas of the existing building. Temporary gravels, walkways, handrails, markers and other means will be taken to provide safe, clean access to all areas requiring routine access.

.5 Working areas must remain reasonably clean and attention to dust control and prevention of excessive debris must be paid.

.6 In general the facility must remain functional throughout all stages of Work. From time to time, pre-planned disruptions to process operations for periods of 2 hours will be permitted to accommodate tie-ins and other Work. A shut down of eight hours or more will require significant coordination with the Owner.

1.8 Temporary .1 Provide full enclosures to localize silica dust Enclosures and Dust generating activities, and for protection of Control workers, finished areas of Work and public as

indicated on the phasing plan drawings.

.2 Cutting, breaking or pulverizing of concrete products may result in exposure to airborne silica. Appropriate hygiene and personal protection of workers must be developed and employed as per the applicable Occupational Health and Safety Act with respect to airborne concentrations. Refer to the


Ontario Ministry of Labour, Training and Skills Development Health and Safety Guidelines for Silica On Construction Projects for additional procedures.

.3 The size and locations of temporary enclosures shown

on the plans are approximate. Adjust size and locations to accommodate repairs but maintain suitable drive aisles during the work.

.4 Take special care to mitigate any dust from migrating

to areas outside the enclosed work areas. The Consultant reserves the right to stop Work if it is found that areas outside the enclosed work areas being subjected to unacceptable dust levels.

.5 Maintain and relocate protection as required until

such work is complete.

.6 At a minimum, provide temporary construction signage indicated on the drawings. Additional signage may be required by the Consultant and/or Owner.

1.9 Photographs .1 Prior to the commencement of the Work, the Consultant

may arrange for photographs to be taken of the site of the work and those properties adjacent to the site of the work. Be present or have an authorized representative present during the taking of photographs to make any comments on the conditions of the site. These photographs, together with a written report on the condition of existing roads, trees, etc., as determined by mutual agreement between the Contractor and Consultant, will be retained by the Consultant as a record of site conditions prior to commencement of Work.

1.10 Site Trailer .1 If an office on site is required, provide at own

cost. No interior office space will be given to the Contractor.

1.11 Assistance to .1 During the continuance of the Contract, provide the Consultant and necessary labour and tools to assist the the Consultant's Consultant's authorized representative in Representative measuring, checking, testing and examining the work

and for the setting out and measurement of the Works, the cost of all such being deemed to be covered by and included in the Contract Price.

1.12 Samples .1 Submit samples of the sizes and quantities as


required by the Specifications after award of the Contract, to the Consultant for review. Do not deliver materials to the Site for use until samples are approved in writing by the Consultant. Provide such samples without charge.

1.13 Shop Drawings .1 Submit shop detail or working drawings and

manufacturer's data for all items requiring fabrication, on or off the Site, and for all proprietary equipment to the Consultant for review before any such items or equipment are incorporated into the Works. This review of Shop Drawings by Consultant is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that Consultant approves the detailed design inherent in the Shop Drawings, responsibility for which shall remain with the Contractor submitting them, and such review shall not relieve the Contractor of responsibility for errors or omissions in Shop Drawings or of responsibility for meeting all requirements of the Construction and Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to fabrication processes or to techniques of construction and installation, and for co-ordination of the work of all sub-trades.

.2 Submit one (1) electronic file in pdf file format

of all relevant shop drawings to the Consultant. Limit file sizes to 10Mb. Scans must be legible. Illegible pdf files will be returned unreviewed and must be resubmitted so they are legible for larger projects with multiple shop drawing submissions an FTP site can be set up used upon request to the Consultant for shop drawing submittals if required.

.3 Submit shop drawings with such promptness as not

to cause delay in this work, or of the works of any Sub-Contractors.

.4 Information submitted must clearly show the

dimensions, materials or construction, performance, finish, service and installation requirements and other characteristics in sufficient detail to permit the Consultant to evaluate the suitability of the articles for the use intended.

.5 Make corrections required by the Consultant as

noted, and resubmit corrected copies to the Consultant for review before fabrication.


.6 The Consultant they will markup and return one (1) electronic file.

.7 The Consultant will not review shop drawings and

other material involving a large amount of work in those instances where it is evident that the Contractor has not used all the information contained in, or where such details are obviously not consistent with the Contract Documents.

.8 The Consultant will provide a shop drawing list with

ID's. Shop drawings are to have an ID written on them.

1.14 Testing .1 Pay for the services of testing laboratory including:

.1 Inspection and testing required by laws, ordinances, rules and regulations. .2 Testing, adjustment and balancing of process, mechanical and electrical equipment systems.

.2 Contractor to arrange and pay for the following

tests: .1 Tests specified to be performed by Contractor.

.2 Inspection and testing performed exclusively for convenience of Contractor.

.3 Testing to ensure a safe work environment for employees or subcontractors employed by the Contractor.

.2 Provide such assistance, labour and materials as

are normally required for examining, measuring and testing the quality, weight or quantity and pay all costs of any material used, and supply samples of materials before incorporation in the Works for testing as may be selected and as specified.

.3 Perform or arrange for the performance of all tests on all equipment in complete accordance with the relevant clauses of these Specifications and in the presence of the Consultant.

.4 The cost of providing assistance, samples, etc., for testing and of performing or arranging tests shall be deemed to be covered by and included in the Contract Price unless noted otherwise, elsewhere in these Specifications.

.5 The Contractor shall have no claim against the Owner or the Consultant in respect of any financial loss which may be suffered from the rejection of any


materials or equipment due to their failure to meet specified test requirements, and the Contractor shall also bear the cost of remedying any defects such that the material or equipment will meet the specified tests, or failing this, of removing the material or equipment from the Site. The decision to repair or replace materials and equipment which have failed to meet test requirements will be made by the Consultant.

1.15 Noise and .1 Operate construction equipment such that there Vibration is a minimum amount of noise and vibration. Should

excessive noise and vibration be caused, at own expense, rectify the same to the approval of the Consultant.

1.16 Lighting and .1 Protect persons from injury and avoid property Barricades damage by providing barricades, construction signs,

torches, flashers, and guards as required during the progress of the construction work. Enclosed material piles, equipment, plant or construction equipment which may serve as obstructions by fences or barricades and protect with proper lights when the visibility is poor.

1.17 Existing .1 Where Work involves breaking into or connecting Services to existing services, carry out work at times

directed by governing authorities, with minimum of disturbance to pedestrian and vehicular traffic.

.2 Before commencing Work, establish location and

extent of service lines in area of Work and notify Consultant of findings.

.3 Submit schedule to and obtain approval from

Consultant for any shut-down or closure of active service or facility. Adhere to approved schedule and provide notice to affected parties.

.4 Where unknown services are encountered, immediately

advise Consultant and confirm findings in writing. 1.18 Safety .1 Observe construction safety measures of Provincial

Government, including but not limited to the Occupational Health and Safety Act, Workers' Compensation Board and Municipal authority provided that in any case of conflict or discrepancy the more stringent requirement shall apply.


.2 Store volatile waste in closed containers and remove

from the premises daily.

.3 WHMIS: Comply with requirements of Workplace Hazardous Materials Information System (WHMIS) regarding use, handling, storage, and disposal of hazardous materials; and regarding labelling and provision of safety data sheets acceptable to Labour Canada and Health and Welfare Canada.

.4 Confirm pollution and environmental control of construction activities are exercised as specified and as required during the Work.

.5 Hazardous material: .1 Should material resembling hazardous materials other than those identified within the Contract Documents, including, but not limited to, spray or trowel applied asbestos, be encountered in course of work; stop work immediately. Do not proceed until written instructions have been received from Consultant. .2 Where work entails use, storage, or disposal of toxic or hazardous materials, chemicals and or explosives, or otherwise creates a hazard to life, safety, health, or the environment; work shall be in accordance with the Jurisdictional Authority.

.6 Confined spaces:

.1 Carry out Work in confined spaces in compliance with the Provincial Occupational Health and Safety Regulations (OH&S), - Occupational Safety General Regulations, Confined Space Entry provisions. .2 Provide approved air monitoring equipment where workers are working in confined spaces and ensure any test equipment to be used is calibrated, in good working order and used by trained persons. .3 Develop a confined space entry program specific to the nature of Work performed and in accordance with OH&S Act and Regulations and confirm supervisors and workers are trained in the confined space entry program.

.1 Confirm personal protective equipment and emergency rescue equipment are appropriate to the nature of the work being performed is provided and used.

.4 Provide and maintain training of workers, as required by the Federal and Provincial Legislation. .5 Provide Consultant with a copy of an "Entry Permit" for each entry into the confined space to ensure compliance with Federal and Provincial Legislation.


.7 Fire Safety:

.1 Comply with and enforce compliance by all personnel all requirements of this specification section, and with all the latest requirements of the National Building Code of Canada (NBC), National Fire Code of Canada (NFC), including all subsequent revisions, issued by the National Research Council of Canada. .2 The Owner and Consultant reserve the right to require dismissal from the site persons deemed careless or otherwise in violation of the Fire Safety Requirements. .3 Comply with all fire safety instructions. Post any applicable safety bulletins or literature in the site trailer or conspicuously on-site. .4 Co-operate with the local Fire Department personnel during site reviews. .5 Confirm personnel are aware of the location of the nearest fire alarm box and telephone. .6 Immediately report fire incidents as follows:

.1 Activate nearest fire alarm box.

.2 Telephone Emergency Number.

.3 Person activating fire alarm box must remain at the main site entrance to direct Fire Department to scene of fire. .4 When reporting a fire by telephone, provide: location of fire, name or number of building and verify the location.

.7 Existing fire protection and alarm systems must not be:

.1 Obstructed.

.2 Shut off.

.3 Left inactive at the end of a working day or shift without notification and written authorization from Owner.

.8 In addition to above, notify the Owner and Consultant at least 48 hours prior if scheduling any unavoidable disruption to Fire Protection and Alarm Systems. .9 Do not commence with such work until approval and direction are received from the Owner. .10 Provide and maintain fire extinguishers in a number necessary to protect the Work.

1.19 Record .1 Record Drawings: Information .1 After award of Contract, Consultant will

provide a set of drawings for purpose of maintaining record drawings. Accurately and neatly record deviations from Contract Documents caused by site conditions and changes ordered by Consultant. .2 Identify drawings as "Project Record Copy".


Maintain in new condition and make available for inspection on site by Consultant. .3 On completion of Work and prior to final inspection, submit record documents to Consultant.

.2 Maintain record drawings on site as the work

progresses for all aspects of the work.

.3 Owner will mark on "Project Record Copy" modifications made for work under the Owner's Scope of Work.

1.20 Damage and .1 Bear costs of repairing damage to the Site, Injury property of others and injuries of persons resulting

from the Contractor's operation under the Contract.

.2 Immediately inform the Consultant of damage or injury to persons, property, services or materials.

1.21 Existing .1 Do not operate valves, electrical, telephone or Systems other controls on existing utility systems. Should

it become necessary to operate such a control or make connection to such a system, do so only on the direct instruction of a representative of the utility or Owner concerned and carry out such work in accordance with the specific instructions of said representative. When the construction work passes under and/or in close proximity to underground utility cables or utility poles, include in the contract price the cost for having a representative of the utility company present during the Work.

.2 When instructed by the Consultant, provide a letter

from the owners of utilities, stating that all services damaged during construction of the Works have been repaired.

1.22 Water and .1 Provide water and electricity for construction. Electricity for Construction .2 Provide on Site power for construction use. 1.23 Temporary .1 Arrange and pay for temporary heat used during Heating construction and during equipment storage,

including cost of installation, fuel, operation, maintenance and removal of equipment.

.2 Maintain temperatures of minimum 10°C and to the


extent necessary to prevent condensation-forming conditions in areas where construction is in progress and in areas where materials and equipment are stored, unless indicated otherwise.

.3 Ventilate heated areas and keep building free of exhaust or combustion gases.

1.24 Weather .1 Do not perform work when the weather is unsuitable. Conditions Do not place concrete, paving, or paint during

freezing weather or upon frozen material unless approved in writing by the Consultant. When work is performed during freezing weather, provide necessary means for heating and all materials required in the work. Do not use frozen materials for backfilling and embankment. If there is delay or interruption in the work due to weather conditions, the necessary precautions shall be taken to bond new work to old.

1.25 Sanitation .1 Provide and maintain, so long as any workers are

employed on the Works, adequate sanitary conveniences for their use. Provide, maintain and remove sanitary conveniences in accordance with the requirements of all pertinent health regulations and to the approval of the Consultant.

1.26 First Aid .1 During the progress of the Works, provide and

maintain at all times and in easily accessible positions on the Works adequate first aid kits equal to those required by the Worker's Compensation Act for the free use as necessary of all persons on the Site.

1.27 Materials and .1 All equipment, materials and workmanship shall Workmanship be the best of the respective kinds described in

the Contract and in accordance with the Consultant's instructions and may be subjected to standard tests as the Consultant may direct at the place of manufacture or fabrication or on the Site.

.2 Where the Consultant has requested and before

ordering materials for incorporation into the Works inform the Consultant of the source of the materials. No order for such materials will be given except with the authorization of the Consultant. Notwithstanding the fact that such authorization may have been given, the Consultant may forbid the


use of any such materials, if upon delivery, they are found to be defective or unsuitable for incorporation in the Works. Keep the Consultant fully advised of the orders and delivery dates of materials.

.3 All material and equipment required to be incorporated into the Work must be new and unused. Any material found during the progress of the work to have cracks, flaws, or other defects will be rejected by the Consultant.

.4 Replace materials and equipment found defective in manufacturer or damaged in handling after delivery by the manufacturer. This includes the furnishing of all materials and labour required for the replacement of installed material and equipment discovered defective prior to the final acceptance of the work.

1.28 Handling and .1 All materials furnished by or to the Contractor Storage shall be delivered and distributed at the Site by

the Contractor and be loaded and unloaded so as to avoid shock or damage or dropping. If, however, any material is damaged, repair or replace such materials, in a manner approved by the Consultant, at no additional cost to the Contract.

.2 Adequately store materials and equipment intended

for the work, until they have been incorporated in the completed project. Store materials and equipment in accordance with the manufacturer's recommendations. Keep interior of pipe, fittings, and other accessories free from dirt and foreign matter at all times.

1.29 Equivalents .1 Where any particular brand of manufactured and Alternates article is described or specified, it is to be

regarded as a standard, but another brand equally as good may be accepted, at the discretion of the Consultant. Requests for substitutions must be made one (1) week before the closing of tenders for consideration by the Consultant. If the Contractor wishes to make a substitution after the Contract has been awarded, make application, complete with all relevant technical literature from the manufacturer to aid the Consultant in the request, in writing, otherwise the Contractor will be held to the terms of the Specifications. No extra cost will be allowed for approved equivalents.


.2 When the Owner is prepared to permit the use of a

brand of manufactured article as an alternative to any specified brand of manufactured article even though such alternative may not be equivalent to that specified, it may be used at the discretion of the Consultant but only after price adjustments have been negotiated and approved by the Consultant.

.3 If the alternative requires modifications, adjustments or additions to the specified works, submit to the Consultant, drawings and specifications for these modifications, adjustments or additions in the same detail as presented in the Contract. Approval in principle by the Consultant of these modifications, adjustments or additions in no way relieves the Contractor of obligations or liabilities under the Contract to provide for finished piece of work complete and operational in all essentials.

.4 No change or substitution can be made without the written consent of the Consultant.

.5 The Consultant will record the time required to evaluate equivalents and alternates proposed by the Contractor including making changes to the Contract Documents occasioned thereby. Whether or not the Consultant accepts a proposed substitute, reimburse the Owner for the charges of the Consultant for evaluating any proposed substitute.

1.30 Operations and .1 Provide the Owner before the issuance of the Maintenance Manuals Certificate of Substantial Performance and before

the Owner takes over the works from the Contractor unless otherwise directed by the Consultant in writing, certificates from the manufacturers of the equipment incorporated into the Works (or from their accredited agents) stating that their qualified representatives have tested the equipment which they supplied and have found everything to be satisfactorily installed and in proper working order.

.2 Towards the completion of the Contract, prepare for

the Owner a Manual of Operations and Maintenance. It will include details of all proprietary equipment incorporated into the Works. Provide one (1) hard copy and one (1) electronic copy of the approved Operation and Maintenance manual to the Owner.

.3 Fifteen (15) working days before Substantial


Performance provide for this purpose one (1) hard copy and one (1) electronic copy in pdf file format of all manufacturer's literature pertaining to such equipment and include descriptions, drawings, specifications, assembly, wiring or other diagrams, material lists, parts lists, installation, operating and maintenance instructions, names and addresses of the manufacturer's local or nearest agency, and like information.

.4 Provide one (1) hard copy and one (1) electronic file in pdf file format of operations, installation and maintenance information for each system. Provide to the Consultant not less than four (4) weeks prior to commissioning. Obtain additional copies of installation and start-up instructions as required at no additional expense to the Contract.

.5 All such material must be new material. Photocopies of literature provided by manufacturers will not be accepted. Drawings to be unfolded and page size papers to be unperforated at the binding edge if possible.

.6 Should this material fail to be submitted to the Consultant before the application for Substantial Performance is made, the Consultant will assign a deficiency commensurate to the value of these documents. Final payment will not be made until these documents have been submitted to and approved by the Consultant.

1.31 Construction .1 Keep work, property, road surfaces, etc. in Waste Management vicinity of the Works and in areas where and Disposal Contractor's trucks will travel, in a clean and

orderly condition, free from dirt, dust, snow, ice, rubbish, etc. at all times during the progress of the work.

.2 Maintain trucks so that no spillage will occur.

Before leaving the Site, trim loads and free wheels of accumulations of soil.

.3 Keep Site free from accumulations of waste material and rubbish to prevent an unsightly or hazardous condition. On the completion of the Works clear away and remove from the Site all Construction Equipment, surplus materials, rubbish and temporary works of every kind and leave the whole of the Site and Works clean in a condition that meets the approval of the Consultant.


.4 Do not dispose of volatile fluid wastes (such as mineral spirits, oil, or paint thinner) in storm or sanitary sewer systems or into streams or waterways.

.5 Dispose of debris and waste materials in accordance with the latest regulations respecting Solid Waste Resource Management issued by Nova Scotia Environment, at no additional cost to the Contract.

.6 Dispose of all construction and demolition waste at an approved C&D waste disposal site.

.7 Where possible, divert construction and demolition waste to the appropriate recycling facilities. Minimize waste generated by the Work.

1.32 Demonstration .1 Demonstrate scheduled operation and maintenance and Training of equipment and systems to Owner's personnel.

.2 Owner will provide list of personnel to receive instructions, and will coordinate their attendance at agreed-upon times.

.3 When specified in individual Sections, require manufacturer to provide authorized representative to demonstrate operation of equipment and systems, instruct Owner's personnel, and provide written report that demonstration and instructions have been completed.

.4 Provide copies of completed operation and maintenance manuals for use in demonstrations and instructions.

.5 Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, and maintenance of each item of equipment at agreed upon times.

.6 Instruct personnel in all phases of operation and maintenance using operation and maintenance manuals as the basis of instruction.

.7 Review contents of manual in detail to explain all aspects of operation and maintenance. Prepare and insert additional data in operations and maintenance manuals when the need for additional data becomes apparent during instructions.


1.33 Project Closeout .1 Documents: .1 Collect reviewed submittals and assemble documents executed by Subcontractors, suppliers, and manufacturers. .2 Submit material prior to final Application for Payment. .3 Provide warranties fully executed and notarized. .4 Execute transition of Performance, and Labour and Materials Payment Bond to warranty period requirements. .5 Submit a final statement of accounting giving total adjusted Contract Price, previous payments, and monies remaining due. .6 Consultant will issue a final change order reflecting approved adjustments to Contract Price not previously made.

.2 Inspection/Takeover Procedures:

.1 Prior to application for certificate of Substantial Performance, carefully inspect the Work and ensure it is complete, that major and minor construction deficiencies are complete, defects are corrected and building is clean and in condition for occupancy. Notify Consultant in writing, of satisfactory completion of the Work and request an inspection. .2 During Consultant inspection, a list of deficiencies and defects will be tabulated. Correct same. .3 When the Consultant considers deficiencies and defects have been corrected and it appears requirements of Contract have been performed, make application for certificate of Substantial Performance.

1.34 Guarantee .1 The Contract requires an operational combination

of several components comprising the Works which are customarily guaranteed by their suppliers. Under this Contract, however, the Contractor shall provide a guarantee for the Works for a period of one (1) year following the date of Substantial Performance. Owner-supplied equipment and equipment moved/reinstalled from existing locations shall not be included in the operations guarantee. The terms of the Guarantee shall be as follows: .1 Where failure or incipient failure of the material is apparent, the Contractor shall actively commence repair or other remedy not more than twenty-four (24) hours after receiving due notice of trouble.


END

.2 If the Contractor, on being notified, does not for any reason commence repairs within twenty-four (24) hours, the Owner shall have the right to have repairs made by others as necessary to restore or continue service. The cost of such repairs by others shall be borne by the Contractor. The Owner shall at all times inform or attempt to inform the Contractor before hiring others to effect any repairs. It shall, at all times, be the Contractor's right to be informed as soon as possible of difficulties and proposed remedial action by others, to make or where practical to complete such repairs at any other time of the guarantee period in preference to others. .3 The employment of some other person or persons for reasons set out shall in no wise affect the Contractor's obligation or liability hereunder or relieve the Contractor of the performance and fulfilment of any or all covenants, undertakings, obligations, or duties under the Contract. .4 After the acceptance by the Engineer and during the guarantee period, the burden of maintenance shall fall upon the Owner. In the event of damage, failure or incipient failure of any part or parts directly attributable to inadequate or improper maintenance, the Contractor shall be responsible for remedial action but the cost of all such repairs will be reimbursed by the Owner. .5 If the Contractor arranges that the manufacturer of some component, or some other party approved by the Engineer, provide the guarantee as his agent under the Contract, then due notice to the Agent will be taken as due notice to the Contractor. This will be a matter for Contractor's convenience only, and shall in no wise affect the Contractor's obligations and liabilities hereunder or relieve the Contractor from the performance and fulfilment of any or all of his covenants, undertakings, or duties under this Contract.

PART 2 – PRODUCTS 2.1 Not Used .1 Not applicable.

PART 3 – EXECUTION 3.1 Not Used .1 Not applicable.

Town of Yarmouth EXTERIOR PAINTING Section 09 91 13 Water Tank Coating SYSTEM – WATER TANK Page 1 Contract No. 200231.00 July 2020

PART 1 - GENERAL

1.1 WORK INCLUDED .1 This Section specifies requirements for providing all labour, tools, equipment and materials to provide an exterior coating system for a potable water storage tank. The Work includes surface preparation as well as the supply and application of an epoxy sealer/primer and an aliphatic acrylic polyurethane overcoat.

1.2 REFERENCES .1 ASTM D4541-17, Standard Test Method for Pull-Off Strength of Coatings Using Portable Adhesion Testers.

.2 ASTM G155-13, Standard Practice for Operating Xenon Arc Light Apparatus for Exposure of Non-Metallic Materials.

.3 ASTM G154-16, Standard Practice for Operating Fluorescent Ultraviolet (UV) Lamp Apparatus for Exposure of Nonmetallic Materials.

.4 AWWA D102-17, Coating Steel Water – Storage Tanks.

.5 ASTM B117-19, Standard Practice for Operating Salt Spray (Fog) Apparatus.

.6 ASTM D2794-93(R2019), Standard Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation (Impact).

.7 ASTM D3359-17, Standard Test Methods for Rating Adhesion by Tape Test.

.8 ASTM D3363-05, Standard Test Method for Film Hardness by Pencil Test.

.9 ASTM D4060-19, Standard Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser.

.10 ASTM D4541-17, Standard Test Method for Pull-Off Strength of Coatings Using Portable Adhesion Testers.

.11 ASTM D870-15(R2020), Standard Practice for


Testing Water Resistance of Coatings Using Water Immersion.

.12 ASTM D4587-11(R2019), Standard Practice for Fluorescent UV-Condensation Exposures of Paint and Related Coatings.

.13 SSPC-SP2-2018, Hand Tool Cleaning.

.14 SSPC-SP3-2018, Power Tool Cleaning.

1.3 QUALITY .1 Provide affidavits stating only "first-line" ASSURANCE products have been used on this Contract.

.2 Paint manufacturer must be represented by a qualified technical representative, trained as a paint inspector, with a minimum five (5) years’ experience.

.3 The manufacturer's technical representative will make a minimum of one (1) inspection prior to and during each coating/layer application to ensure proper cleaning, degreasing, surface preparation and application.

.4 After inspection the manufacturer's representative will provide a written report to the Consultant within five (5) working days.

1.4 START-UP .1 After award of Contract and prior to the painting MEETING and coating work, hold a start-up meeting with

the following people present: .1 The Owner. .2 The Consultant. .3 The applicator and their designated

inspectors and crew supervisors who will be working on site on this project.

.4 The paint manufacturer's trained paint inspector.

.2 The purpose of the meeting will be to discuss the specifications, job conditions, and painting and coating Work to be done with reference to the most recent product data sheets and application instructions.


1.5 SURFACE AND .1 Apply paint finish only in areas where dust is no ENVIRONMENTAL longer being generated by related construction CONDITIONS operations or when wind and other atmospheric

conditions are such that airborne particles will not affect quality of finished surface.

.2 Do not apply coating system in unsuitable weather conditions.

.3 Do not apply paint finishes when relative humidity exceeds 85%, when condensation has formed or is likely to form, or immediately following rain, frost, or formation of dew.

.4 Apply paint only to adequately prepared surfaces.

.5 Apply paint only when primer/sealer is dry and cured.

1.6 DELIVERY, .1 Deliver, store and handle materials in accordance HANDLING AND STORAGE with the manufacturer’s written instructions.

.2 Labels to clearly indicate: .1 Manufacturer's name and address. .2 Type of paint or coating. .3 Compliance with applicable standard. .4 Colour number in accordance with

established colour schedule.

.3 Remove damaged, opened and rejected materials from site.

.4 Provide and maintain dry, temperature controlled, secure storage.

.5 Store materials and supplies away from heat generating devices.

.6 Store materials and equipment in a well ventilated area with temperature range 7°C to 30°C.

.7 Store temperature sensitive products above minimum temperature as recommended by manufacturer.

.8 Keep areas used for storage, cleaning and preparation, clean and orderly to approval of Consultant. After completion of operations, return areas to clean condition to approval of


Consultant.

.9 Remove paint materials from storage only in quantities required for same day use.

.10 Comply with requirements of Workplace Hazardous Materials Information System (WHMIS) regarding use, handling storage, and disposal of hazardous materials.

.11 Fire Safety Requirements: .1 Provide fire extinguisher adjacent to

storage area. .2 Store oily rags, waste products, empty

containers and materials subject to spontaneous combustion in ULC approved, sealed containers and remove from site on a daily basis.

.3 Handle, store, use and dispose of flammable and combustible materials in accordance with the National Fire Code of Canada.

1.7 SUBMITTALS .1 Submit product data and manufacturer's installation/application instructions for each paint and coating product to be used in accordance with Section 01 00 00.

.2 Submit the names of paint manufacturers and local supplier. Confirm painting requirements and submit colour schedule for approval as per Section 01 00 00 prior to ordering of products

.3 Upon completion, submit records of products used. List products in relation to finish system and include the following: .1 Product name, type and use. .2 Manufacturer's product number. .3 Colour numbers. .4 Manufacturer's Safety Data Sheets (SDS).

PART 2 - PRODUCTS

2.1 SURFACE CLEANER .1 Waterborne dispersant, biodegradable degreasing and cleaning agent. .1 Acceptable Product: Surface Cleaner 3 by

Carboline or approved equivalent.


2.2 PRIMARY SEALER .1 Crosslinked penetrating primer/sealer for use on prepared steel and over existing coatings, and complete with the following performance parameters: .1 Adhesion to ASTM D4541: min 1015 psi. .2 Weatherometer to ASTM G155: no blistering,

crystal, cracking or delamination after 2000 hours

.3 Acceptable Product: Rustobond by Carboline or approved equivalent.

2.3 SPOT REPAIR .1 High performance self-priming epoxy with

resistance to fresh and salt water exposures. Coating to exhibit moisture and surface tolerance during application, low temperature cure capability, and fast cure response. Product to contain inert flake reinforcement (micaceous iron oxide) to enhance film strength and performance. Product to be made for industrial or heavy-duty marine environments for the protection of steel against salt laden environments.

.1 Acceptable product: Carbomastic 615 or approved equivalent.

2.4 OVERCOATING .1 Aliphatic acrylic polyurethane, thin film, high gloss, exceeding SSPC Paint 36 specification for a Level 3 urethane and compliant with AWWA D102 Outside System #6 and #7.

.2 Product to possess the following minimum performance parameters: .1 ASTM B117 - Salt Fog:

.1 System: Blasted steel 1 ct. org. zinc, 1 ct. epoxy 1 ct. 134 HG.

.2 Results: No rusting, blistering, loss of bond or any measurable creepage from the scribe after 3000 hours.

.2 ASTM D2794 – Impact Resistance: .1 System: Blasted steel, 1 ct. 134 HG. .2 Results: 155 inch-pounds; no visible

cracking. Gardner Impact Tester. .3 ASTM D3359 – Adhesion:

.1 System: Blasted steel 1 ct. epoxy 1 ct. 134 HG.

.2 Results: 5A. .4 ASTM D3363 – Hardness:

.1 System: Blasted steel 1 ct. epoxy 1 ct. 134 HG.

.2 Results: H. .5 ASTM D4060 – Abrasion:


.1 System: Blasted steel 1 ct. 134 HG.

.2 Results: 70 mg. loss after 1000 cycles, CS17 wheel, 1000 gm. load.

.6 ASTM D4541 – Adhesion: .1 System: Blasted steel 1 ct. epoxy 1

ct. 134 HG. .2 Results: 2562 psi Pneumatic.

.7 ASTM D870 – Immersion Resistance: .1 System: Blasted steel 1 ct. org. zinc

1 ct. epoxy 1 ct. 134 HG. .2 Results: no rusting in the scribe; no

blistering, softening or discoloration either 30 days of soft water imm.

.8 ASTM G26 – Weatherometer: .1 System: Blasted steel 1 ct. epoxy 1

ct. 134 HG. .2 Results: no blistering, rusting or

cracking; gloss retention of 85%; colour change of 1 McAdam unit after 2000.

.9 ASTM G53, ASTM D4587 – Accelerated Weathering: .1 System: Blasted steel 1 ct. org. zinc,

1 ct. epoxy 1 ct. 134 HG. .2 Results: no rusting, blistering or

loss of adhesion: less than 5% gloss loss after 3000 hours.

.3 Acceptable Product: 134 HG by Carboline or approved equivalent.

PART 3 - EXECUTION

3.1 WORKMANSHIP .1 All cleaning/degreasing, surface preparation, painting application and methods to be done in strict accordance with the manufacturer's instructions and subject to the approval of the Consultant.

.2 Do not paint when temperature is below 10°C.

.3 Keep products well mixed and stirred while being applied. Do not thin product.

.4 Spread products to coverage not greater than that recommended by the manufacturer.

.5 Force products into pores, angles and crevices of well cleaned surfaces and in such manner as will


END

assure a continuous even coat making contact with all parts of the surface and producing a film free of air bubbles, skips and thin spots.

.6 Paint thickness for each coat to be minimum as recommended by the manufacturer of the material subject to approval of the Consultant.

.7 Defective painting and finishing Work resulting from application to unsatisfactory surfaces shall be considered the responsibility of those performing the Work of this Section.

3.2 PREPARATION .1 Remove all oil, grease, salts and contaminants OF SURFACES prior to coating by pressure washing with a

cleaner degreaser, in accordance to the Steel Structures Painting Council Standard SSPC WJ-4. Rinse by power washing remove at a minimum nozzle pressure of 3,000 psi. Nozzle pressure is not to exceed 4,000 psi. Do not damage the existing coating. For rust spots and rusted areas prepare to SSPC – SP2/3 and feather back into existing coating.

.2 Prepare a test patch in accordance with ASTM D3359.

3.3 APPLICATION .1 Spray-application will not be permitted.

Application must be by brush, roller and/or power-roller.

.2 Apply primer/sealer to completely clean and dry

tank surface, to a minimum DFT of 1 to 2 mils.

.3 Apply spot repair product as specified in subsection 2.3 herein over primed rust spots and on the entire tank roof to a DFT of 4 to 6 mils, feathering back over existing coating.

.4 Apply topcoat or overcoat as specified in subsection 2.4 herein at a thickness of 2-3 mils DFT.

.5 Apply number of coats and cure to timelines as stipulated by the product manufacturer.

APPENDIX A

Record Drawings

Issued for Tendertechnical.pdf00 01 11 TOC00 21 0000 21 1300 41 42 for CCDC 2 - 200800 53 42 - Agreement00 71 0000 72 4500 73 00 - For CCDC 2 -2008GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACTGC 1.1 CONTRACT DOCUMENTSGC 2.2 ROLE OF THE CONSULTANTGC 3.1 CONTROL OF THE WORKGC 3.5 CONSTRUCTION SCHEDULEPage 12, in Clause 3.5.1.1, delete “prior to the first application for payment” and replace with “not later than two (2) weeks after receipt of the Letter of Acceptance”.Page 12, add new Clause 3.5.1.4 as follows:GC 3.7 SUBCONTRACTORS AND SUPPLIERSPage 13, Clause 3.7.6, delete “through the Consultant,”GC 3.10 SHOP DRAWINGSPage 13, delete Clause 3.10.3 and replace with the following:“3.10.3 The Contractor shall prepare and submit to the Consultant for review, a schedule of the dates for provision, review and return of Shop Drawings. This submission shall be prior to the project Start-Up meeting.”Page 13, delete Clause 3.10.12 in its entirety, and add the following:“3.10.12 The Consultant will review and return Shop Drawings in accordance with the schedule agreed in Clause 3.10.3.”GC 3.13 CLEANUPPage 14, at the end of Clause 3.13.2, add new sentence as follows:Page 14, at the end of Clause 3.13.3, add new sentence as follows:GC 4.1 CASH ALLOWANCESPage 14, Delete GC 4.1 in its entirety.PART 5 - PAYMENT

GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK“5.4.1.1 Fifteen days before the Contractor submits his application for Substantial Performance of the Work, all Operations and Maintenance Manual materials shall be submitted in accordance with the Contract Documents. The Certificate of Substantial ...GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK“5.5.1.3 Submit a certificate by deed search to the Owner by a solicitor qualified to practice law in the Province of the Place of Work, certifying that no lien associated with the Work exists against the Owner’s property or Work;5.5.1.4 Submit a clearance letter from the Workers’ Compensation Board; and5.5.1.5 All such documents shall be dated not earlier than the expiry of the Lien Period.”“5.5.4.1 If, within sixty (60) days after the issue of the Certificate of Substantial Performance, the Contractor has not corrected all the documented deficiencies, the Owner shall retain sufficient monies, as determined by the Consultant, to cover th...GC 5.7 FINAL PAYMENT“5.7.1.1 Contractor’s application for final payment will only be considered when the following have been performed:.1 Work has been completed and inspected for compliance with the Contract Documents, and the Consultant has agreed that all the requirements of the Contract have been fulfilled by the Contractor..2 Defects have been corrected and deficiencies have been completed..3 Equipment and systems have been tested, adjusted and balanced and are fully operational, and written reports as outlined in the Contract Documents have been provided to the Consultant..4 Certificates required by utility companies, manufacturer’s and inspectors have been submitted..5 Spare parts, maintenance materials, record drawings, warranties and bonds have been provided.5.7.1.2 If, in the opinion of the Consultant, the above requirements are not complete, then the Consultant will not accept the application, and request resubmission.PART 6 – CHANGES IN THE WORK

6.2.5 No compensation for extra work or material shall be allowed unless such work or material is ordered in writing by the Consultant.6.2.6 Whenever any extra work or claim for extra work is in progress, the Contractor shall, each working day, report to the Consultant in writing and in full detail, the amount and cost of the labour and materials used in carrying out such work on th...GC 6.3 CHANGE DIRECTIVEGC 6

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