SRDRWC Special Board Meeting

Transcription

South Red Deer Regional Wastewater Commission
4512 – 46 Street. Olds, AB T4H 1R5
Ph: (403) 507-4803
Fax: (403) 556-6537
Special Meeting
Wednesday, December 21, 2011
9:00 A.M.
Town of Innisfail Council Chambers, 4943 – 53 Street, Innisfail, AB
Agenda
1.0
Call to Order
2.0
Agenda
2.1 Additions, Deletions or Changes to the Agenda
2.1.1 Approval of Additions, Deletions or Changes to the Agenda
2.2 Adoption of the Agenda
3.0
New Business / Added Items
3.1 Expropriation of Hamel’s Properties for Commission Right of Way
3.2 Bowden to Innisfail Pipeline – Contract 8 – Construction Monitoring and Resident
Engineering Services and Fees
3.3 Consulting Engineering Agreement with Stantec
3.4
Sandwich lunch will be available at Noon
4.0
Next Meeting
4.1 January 20, 2012
5.0
Adjournment
srdrwc.com
December 19, 2011
REQUEST FOR DECISION
TITLE:
Expropriation of Hamel’s Properties for Commission Right of Way
RECOMMENDATION:
THAT
WHEREAS the SOUTH RED DEER REGIONAL WASTEWATER
COMMISSION is desirous of obtaining an easement and right-of-way for the purposes of
constructing a sanitary pipeline and temporary workspace and related works in those
portions of the following lands as shown on the plans which are collectively Schedule
“A” to this Resolution:
Short Legal
5; 1; 33; 8; NE
5; 1; 33; 8; SE
5; 1; 33; 8; SW
Title Number
961 292 269
971 009 919
101 369 335 +1
LEGAL DESCRIPTION
MERIDIAN 5 RANGE 1 TOWNSHIP 33
SECTION 8
QUARTER NORTH EAST
EXCEPTING THEREOUT ALL MINES AND MINERALS
AND THE RIGHT TO WORK THE SAME
AREA: 64.7 HECTARES (160 ACRES) MORE OR LESS
SECTION 8
QUARTER SOUTH EAST
CONTAINING 64.7 HECTARES (160 ACRES) MORE OR LESS
EXCEPTING THEREOUT
PLAN
NUMBER
HECTARES (ACRES)
MORE OR LESS
DESCRIPTIVE
9612678
8.09
19.99
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December 19, 2011
SECTION 8
QUARTER SOUTH WEST
EXCEPTING THEREOUT:
HECTARES (ACRES)
A)
PLAN 1014960
SUBDIVISION
8.30
20.51
MORE OR LESS
(such lands to be subject to the easements and rights-of-way hereinafter referred to
collectively as “the Lands”).
AND WHEREAS pursuant to the provisions of the Municipal Government
Act, Chapter M-26, R.S.A. 2000, the SOUTH RED DEER REGIONAL WASTEWATER
COMMISSION has the authority to acquire an easement and right-of-way with respect to
the Lands by expropriation;
AND WHEREAS the SOUTH RED DEER REGIONAL WASTEWATER
COMMISSION deems it to be in the public interest and good that the said easement and
right-of-way be acquired by expropriation;
COMMISSION is desirous of acquiring the said easement and right-of-way pursuant to
the provisions of the Expropriation Act, being Chapter E-13, R.S.A. 2000, and
amendments thereto;
NOW THEREFORE BE IT RESOLVED:
1.
THAT the proceedings shall be commenced by the SOUTH RED DEER REGIONAL
WASTEWATER COMMISSION, its servants, officers or agents to expropriate an
easement and right-of-way in the Lands.
2.
That the terms of the easement and right-of-way shall be as follows:
The registered owners of the Lands shall be the Grantors and the SOUTH RED DEER
REGIONAL WASTEWATER COMMISSION shall be the Grantee. The SOUTH RED DEER
REGIONAL WASTEWATER COMMISSION as Grantee shall have the following rights:
(a) the right to enter into and on the Lands for any purpose relating to the easement
and right-of-way;
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December 19, 2011
(b) the right to construct and install a sanitary pipeline including accessories and
appurtenances on the Lands;
(c) the right to operate and maintain the sanitary pipeline including accessories and
appurtenances once the construction and installation is complete;
(d) the right to repair or replace the sanitary pipeline including accessories and
appurtenances; and
(e) the right for workers and any other persons to enter upon and access the Lands
for any purpose related to the easement and right-of-way;
(f) the right to have any necessary equipment and vehicles enter onto and access
the Lands for any purpose related to the easement and right-of-way; and
(g) the right to occupy and utilize the Lands as a temporary working space in relation
to conduct and completion of any or all of the foregoing;
(h) the right to register the easement and right-of-way at the appropriate Land Titles
Office.
3.
THAT the officers, servants or agents of the SOUTH RED DEER REGIONAL
WASTEWATER COMMISSION and the solicitors for the SOUTH RED DEER REGIONAL
WASTEWATER COMMISSION be, and are hereby authorized and directed to do all
things necessary to initiate, carry out and conclude the expropriation proceedings under
the provisions of the Expropriation Act, Chapter E-13, R.S.A. 2000, as amended, and they
are hereby authorized and empowered to sign, seal, serve and publish the necessary
documents to initiate, proceed with and conclude the said expropriation, as applicable.
LEGISLATIVE AUTHORITY:
Municipal Government Act, Statutes of Alberta 2000, Chapter M-26 MGA - Section 180(1) states: “A
council may act only by resolution or bylaw.” Section 602.13 of the Municipal Government Act, R.S.A.
2000, Chapter M-26, as amended, authorizes a Regional Service Commission to acquire an interest in
land by expropriation for "the purposes of providing a public utility or a transportation service". Such
expropriations must proceed in accordance with the Expropriation Act, R.S.A. 2000 Chapter E-13.
BACKGROUND:
The attached paper “EXPROPRIATION PROCESS AND CONSIDERATIONS” from Brownlee Law
provides a summary of the process and cost considerations associated with an expropriation of an
interest in lands. It is important to note our Solicitor’s emphasis that the “timeframes and cost
examples set out in the paper are for illustration purposes only”.
The first step in the expropriation process is for the Board to pass a resolution authorizing and
approving the expropriation. Again our Solicitor emphasizes that it is important to ensure that the
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December 19, 2011
content of the resolution fully authorizes the proposed taking and all steps necessary to affect that
expropriation. The recommended resolution has been prepared by our Solicitor.
If the Board decides to proceed and passes the Resolution, our Solicitor is recommending that the Notice
of Intention not be submitted to Land Titles for filing or served on the affected owners until the new year.
He has a number of practical reasons for this. First, our Solicitor will be out of the Country from
December 17th to January 8th and, therefore, unable to address anything that might arise during this
time. Second, once these documents are filed and served, the Commission will be subject to a
requirement to complete a number of specific actions which must be achieved within the time limits
imposed under the Act or the process is at risk of being found void, requiring the Commission to restart.
For example, the Commission could, if it starts this process in the holiday season, find itself having to
address an Inquiry Hearing in the early part of January, which will make preparation for such a hearing
exceedingly difficult. As a final consideration, there is also the very real possibility that it would be
impossible to have the Land Titles office process a Notice of Intention next week before the office closes
for the holidays, which means that this process would likely be delayed until the new year in any event.
Our Solicitor’s recommendation is that, even if the Resolution is passed, the Commission operate on the
basis that the Notice of Intention will be filed and served in the new year, likely in the week of January
9th. The Board needs to advise Administration if there is any concern on the part of the Commission with
respect to this recommendation.
A copy of the Notice of Intention to Expropriate for each of the three parcels is attached to the RFD.
These will be executed if the Board approves the expropriation resolution.
If the Board passes the Resolution Stantec will be retained to complete the legal plan of survey for the
easement and right of way on the three parcels and Gettel Appraisals (recommended by our Solicitor)
will be retained to conduct the appraisal services required for the expropriation.
ALTERNATIVES:
1. That the SRDRWC Board approves the resolution recommended by the Commission's Solicitor
regarding expropriation for the purpose of acquiring an easement and right of way over SW8 TWP033– RGE 01 – W5M and SE8 - TWP033– RGE 01 – W5M and NE8 - TWP033– RGE 01 –
W5M.
2. That the SRDRWC Board defers their decision on proceeding with the expropriation process on the
Hamel properties and directs Administration to provide additional information.
3. That the SRDRWC Board receives for information the RFD on Expropriation of Hamel’s Properties for
Commission Right of Way and directs Administration to continue to negotiate with landowners.
FINANCIAL IMPLICATIONS / SOURCE OF FUNDING:
As noted in our Solicitor’s report expropriation costs are difficult to estimate since each expropriation
is different. He advises the most routine expropriation may cost the Commission in the
neighbourhood of $45,000.00 and but could go as high as $85,000.00 or more. This is in addition to
the amount of compensation to be paid to the landowner, legal and appraisal costs.
Presented at the December 21, 2011 Special Meeting of the SRDRWC
Prepared By: Dale Withage, CAO
_________________________________
5
For: South Red Deer Regional Wastewater
Commission
EXPROPRIATION PROCESS AND CONSIDERATIONS
Re: Acquisition of Rights of Way over:
SE 8-033-01-W5
NE 8-033-01-W5
SW 8-033-01-W5
SW 35-033-01-W5
NW 35-033-01-W5
Prepared by:
Brownlee LLP
Barristers and Solicitors
2200 Commerce Place
10155-102 Street
Edmonton, Alberta T5J 4G8
Attention: Derek J. King
File: 81507-0010/0011
South Red Deer Regional Wastewater Commission: Expropriation Process
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BASIC STEPS INVOLVED IN THE EXPROPRIATION PROCESS
I.
INTRODUCTION
The purpose of this document is to provide you with a summary of the process and cost
considerations associated with an expropriation of an interest in lands. The timeframes and cost
examples set out herein are for illustration purposes only. The actual timeframes associated with
each step of the expropriation process may be, within the limits set out in the legislation, shorter
than the examples. Likewise, the costs used as examples are not intended to be a quote for
services, and may not reflect the actual cost of the expropriation process. They are intended to
reflect the upper middle to higher end of the possible scale of costs, so that the Commission will
have a reasonable expectation in this regard. So far as is possible, our goal in any expropriation
is to assist our clients in limiting the overall cost of expropriation so far as is possible.
Section 602.13 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended,
authorizes a Regional Service Commission to acquire an interest in land by expropriation for
"the purposes of providing a public utility or a transportation service". Such expropriations must
proceed in accordance with the Expropriation Act, R.S.A. 2000 Chapter E-13 (the "Act").
Although there is no specific requirement to negotiate in good faith prior to resorting to
expropriation, the cost and time involved in completing an expropriation dictate that a
Commission should, typically, fully explore negotiations before deciding to expropriate.
Successful negotiations typically involve the purchase of the subject land at or above market
value.
As the expropriating authority, the Commission must follow the steps prescribed by the Act and
must also comply with its own internal policies and with any representations it may have made to
Reinhard Hamel, Frank Hamel or Grant Bilben as the affected landowners, in terms of the process
to be followed. Failure to comply with any of these could lead to an expropriation being quashed
on application for judicial review.
II.
THE PROCESS AND TIME LINE
The steps that must be followed by the Commission to effect an expropriation can be
summarized as follows:
Day 1
On Day 1, the Commission’s Board must pass a resolution authorizing and approving the
expropriation. It is important to ensure that the content of the resolution fully authorizes the
proposed taking and all steps necessary to affect that expropriation. For this reason it is strongly
recommended that our office provide the draft resolution that is to be taken before the Board.
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-2On the same day, the Commission’s Board or, if authorized, the Executive Director, executes the
Notice of Intention to Expropriate. The Notice of Intention must contain [section 8(5) of the Act]:
(a) name of expropriating authority (here, the South Red Deer Regional Wastewater
Commission),
(b) description of the land,
(c) nature of interest intended to be expropriated (here, Rights of Way),
(d) nature of the work or purpose for which the interest is required,
(e) statement respecting the right to object to the expropriation, and the requirements for a
Notice of Objection,
(f) name and address of the approving authority (in this case, the Land Compensation
Board), and
(g) statement that a person affected by the proposed expropriation need not serve an
objection to the expropriation in order to preserve the person's right to have the amount
of compensation payable determined by the Land Compensation Board or the court, as
the case may be. This means that, even if the owner does not object to the expropriation,
the owner maintains a right to challenge the compensation offered.
The Notice of Intention is prepared by our office, in order to ensure that all requirements of the Act
are met within the document.
Day 2 - Day 11
During this time, the Commission will register a Notice of Intention to Expropriate with the Land
Titles Office and serve a copy of the Notice of Intention on the landowners, and on anyone else who
has an interest in the land [section 8(1)(2) of the Act]. This may include anyone shown in the
records of the Land Titles Office to have an interest in the land as well as any other person known to
the Commission to have an interest in the land, whether registered on the tile or not.
The Commission will then have 120 days from that date to register the Certificate of Approval with
the Land Titles Office in accordance with section 20 of the Act, unless a section 23 extension order
is obtained and registered prior to the expiry of the 120 day period. Section 23 extension orders are
discussed in further detail below.
Day 2 - Day 21
During this time frame, the Commission must arrange for publication of the Notice of Intention as
required by the Act. The Notice of Intention must be published in at least two issues of a newspaper
in general circulation in the locality in which the land is situated. The two issues must be not less
than 7 nor more than 14 days apart [section 8(4) of the Act]. Because of this requirement, if a
weekly newspaper is used, if the first Notice of Intention is published in week one the second
Notice of Intention cannot be published until week 3. This is because if the Notice of Intention was
published in week 2, this second notice would not be published at least seven days after the first
Notice, as one cannot count the actual day of advertising.
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-3Failure to comply with these publication requirements could result in the Commission being
required to restart the entire process.
Day 5 - Day 33
Assuming that the affected landowner is served with the Notice of Intention to Expropriate on Day
11, he will have until Day 33, or 21 days after service of the Notice of Intention, to file a Notice of
Objection. If the landowner has not been personally served he may object at any time within 21
days of the date of the date of the publication of the first Notice of Intention in the newspaper.
Day 33 - Day 38
If the Commission receives a Notice of Objection from an owner, it must "forthwith" serve the
Minister of Justice and Attorney General [section 15(1) of the Act] with a notice that the Objection
has been received, along with a copy of the Objection. Failure to do so could invalidate the
expropriation process, exposing the Commission to costs and requiring it to start the process again.
Day 34 - Day 53
The Deputy Minister or his or her designate then has 15 days within which to appoint an Inquiry
Officer [section 15(2) of the Act]. The Inquiry Officer will fix a time and place of the public
Inquiry, and will hear argument and evidence from all parties involved in order to determine
whether the expropriation is "fair, sound and reasonably necessary in the achievement of the
objectives of the expropriating authority" [section 15(8) of the Act] This means that the landowner
cannot challenge the necessity of project to which the taking of land relates, but can only challenge
whether the land, or the amount of land sought, is necessary to achieve the goals of the
Commission. In the case of the Commission, the Inquiry Officer will be a single member of the
Land Compensation Board [section 15(4)].
The section 15 Inquiry is restricted to a determination of the reasonableness of the expropriation
and does not relate to the compensation payable. The "fair, sound and reasonably necessary" test
limits the scope of the inquiry to essentially factual information surrounding the proposed taking,
the purpose for which the land is required and the suitability of the selected land for that purpose.
The issue of compensation is dealt with at a separate hearing before the Land Compensation
Board, which should take place after possession of the expropriated property is obtained by the
Commission.
Day 35 - Day 95
Within 30 days of his appointment, the Inquiry Officer must make a report regarding his finding
with respect to whether the intended expropriation is "fair, sound and reasonably necessary" and
submit the report to the Approving Authority. In the case of a Commission, the Approving
Authority is also the Land Compensation Board [section 7 of the Act]. The report must contain a
summary of the evidence and arguments that were advanced by the parties, the findings of fact
made by the Inquiry Officer and his opinion on the merits of the expropriation, with reasons for that
opinion.
We note that section 23 of the Act is frequently used to permit the Inquiry Officer to receive an
additional 30 days within which to prepare and submit his report. Whenever a section 23 extension
order is granted, the Deputy Minister or a designate also executes an extension order extending the
time for registration of the Certificate of Approval for an equivalent number of days.
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-4Day 65 - Day 113
Once it has prepared its report, the Land Compensation Board, as the Inquiry Officer, must then
switch to its roles as Approving Authority, consider that report and then approve or disapprove the
proposed expropriation, issuing a report on its conclusion to all parties. Its report as Approving
Authority must be served within 60 days of the appointment as Inquiry Officer.
Prior to the expiry of the 120 day period as set out in section 20 of the Act, a section 23 extension
order may be obtained to extend the time for the Land Compensation Board, as the Inquiry Officer,
to make its decision by an additional 30 days with the concurrent extension order then executed to
extend the time for registering the Certificate of Approval. All extension orders must be registered
in the Land Titles Office prior to the expiry of the 120 day period prescribed in section 20 and must
be served on anyone who was served with the Notice of Intention and on any other person who gave
notice of objection or has otherwise become a party to the inquiry.
Day 114- Day 131
If the Approving Authority approves the expropriation it must then provide a Certificate of
Approval, which must be registered at the Land Titles Office within 120 days of the date that the
Notice of Intention to Expropriate was registered [section 20 of the Act], subject to any section 23
extension orders.
If the Certificate of Approval has not been registered within 120 days and if no extension order has
been registered with the Land Titles Office in accordance with section 23(4) of the Act, then section
20 of the Act provides that the "expropriation shall be conclusively presumed to be abandoned, the
Notice of Intention to Expropriate lapses and the Registrar shall cancel the memorandum of it on
any certificate of title affected by it".
Registration of the Notice of Approval with the Land Titles Office grants the Right of Way to the
Commission [section 19 of the Act], but the Commission is not entitled to possession of the Right of
Way until 7 days after service of the Notice of Possession [section 64(2)(a) of the Act].
Day 115 on:
After the Certificate of Approval has been registered, the Commission must serve the affected
landowners "forthwith" with a Notice of Expropriation [section 31(1) of the Act].
Subject to any agreement to the contrary, within 30 days from the date the Certificate of Approval
was registered, the Commission must serve a Notice of Possession on the person having possession
of the subject lands [section 64(1) of the Act]. The date specified in the Notice of Possession must
be at least 7 days from the date of service of the Notice of Possession in the case of a Right of Way
[section 64(2)(a) of the Act].
The Commission will have 90 days from the date of registering the Certificate of Approval to serve
the landowners with a Notice of Proposed Payment together with a cheque in the amount of the
payment that the Commission proposes to make [section 31(2) of the Act].
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-5The Notice of Proposed Payment immediately entitles the landowner to receive payment in the
amount of the proposed payment [section 31(4) of the Act] and the landowner’s acceptance of the
proposed payment is "without prejudice" to his right to claim additional compensation with respect
to the expropriation [section 31(5) of the Act]. The proposed payment will be based on an appraisal
report obtained by the Commission previously, and a copy of this appraisal must accompany the
Notice of Proposed Payment [section 32 of the Act]. An expropriating authority will often serve
the Notice of Proposed Payment and cheque together with the Notice of Possession at the same time
it serves the Notice of Expropriation.
Time limit for Bringing Compensation Claim:
The landowners will have one year from the date that they were served with the Notice of Proposed
Payment to bring an Application for Determination of Compensation, which will result in a hearing
in front on the Land Compensation Board to determine the total compensation payable to the
landowner or other parties with a right to compensation under the Act. This is normally held after
the expropriating authority has obtained possession. Accordingly, it is not necessary for the
landowner to estimate his potential damages and losses prior to the loss of possession. Rather,
further compensation can be sought by the landowner once the actual losses and damages are
known, so long as this step is taken within this one year timeframe.
Summary of Timeline
As you can see, it may take as much as approximately 221 days from the commencement of the
expropriation proceedings until the Commission acquires possession of the lands if a landowner
insists upon requiring the Commission to take each step provided under the Act. This period of time
can be shortened or lengthened by various factors. For example, if the landowner does not file a
Notice of Objection, the Commission can immediately move to have the expropriation approved by
the Approving Authority, file the Certificate of Approval and then serve the Notice of Expropriation
and Notice of Proposed Payment together with the cheque on the landowner. The Commission will
still have to wait the 7 days for possession of the Rights of Way from the date that it serves the
Notice of Possession but, assuming that the appraisal is already complete, this can shorten matters
by approximately 75 days. As mentioned earlier, there is also the possibility of an application to
court to shorten the waiting period for possession.
On the other hand, if a Notice of Objection is filed, the Act also provides that there can be an
extension of time allowed for the Deputy Minister to appoint an Inquiry Officer, which could add
additional time to the time required (although it is generally relatively short – for the purposes of
this document we have set this additional time at approximately 5 days). It is also likely that
because of weekends, communication between various offices and so forth, a few extra days will be
required in addition to the bare minimum as set out here.
III.
SECTION 30 AGREEMENTS
Under the authority of section 30 of the Act, the Commission and a landowner may enter into an
agreement whereby the Commission receives possession of the land immediately, or shortly after
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-6execution of the agreement, and the landowner (usually) is provided with some immediate
payment. Section 30 contemplates that the agreement would preserve the landowner’s right to
bring application before the Land Compensation Board for a valuation of all damages that may
be payable to that landowner, but it is also possible, if the landowner and the Commission agree
that the sum paid for some or all of the heads of compensation is satisfactory, for the agreement
to either partially or fully settle the matter. It should be noted that the Act requires that the
expropriating authority, that is, the Commission, pay any legal or appraisal costs associated with
the landowner bringing an application before the Board, except in very rare and exceptional
circumstances.
From the Commission’s perspective, the principal advantage to a section 30 agreement is that it
can enter onto the lands much more quickly. It may also serve to shorten the overall time
required for expropriation, allowing the Commission to proceed with the proposed use of the
expropriated land more quickly. Obviously, this could also serve to lower the overall legal costs
incurred by the Commission.
Note that a landowner is not required to enter into a section 30 agreement. Therefore, he could
force the Commission to go through all of the steps outlined above before the Commission will
be able to obtain possession of the land. Note that both the Inquiry Officer and the Land
Compensation Board do have the jurisdiction to reduce, or outright deny costs to a landowner, in
rare and exceptional circumstances. In our experience, a challenge to the expropriation that is
without any merit is an example of a special circumstance.
IV.
PRINCIPLES OF COMPENSATION
The following are some general guidelines with respect to the principles of compensation that are
to be taken into consideration by the Commission, as well as some rough guidelines regarding
costs that the Commission should expect to incur in proceeding through the full expropriation
process.
First, section 42(2) of the Act provides that, when land is expropriated, the compensation payable
to an owner shall be based on:
(a)
the market value of the land,
(b)
the damages attributable to disturbance,
(c)
the value to the owner of any element of special economic advantage; and
(d)
damages for injurious affection.
A.
Market Value of the Land
Section 41 of the Act states that the market value of expropriated land is the amount which the land
might be expected to realize if sold on the open market by a willing seller to a willing buyer. The
first step in any valid appraisal process is to determine the highest and best use at the moment of
expropriation.
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-7In Minute Muffler Installations Ltd. v. R. (1981), 23 L.C.R. 213, the Land Compensation Board set
out four primary criteria or tests to be applied in determining the highest and best use. These were:
(a)
the use must be legal and must comply with land use classification or zoning
regulations and with building regulations applicable to the land.
(b)
the use must be probable within a reasonable period of time and not simply possible.
(c)
there must be a demand for the use selected and economic conditions which make it
probable that such use will take place.
(d)
the use must be profitable and provide the highest net return to the owner of the land.
Factors to be excluded in determining market value include [section 45 of the Act]:
(a)
any anticipated or actual use of the land by the expropriating authority at any time after
the expropriation;
(b)
any value established or claimed to be established by or by reference to any transaction
or agreement involving the sale, lease or other disposition of the land, if that transaction
or agreement was entered into after the commencement of expropriation proceedings;
(c)
any increase of decrease in the value of the land resulting from the development or the
imminence of the development in respect of the development in respect of which the
expropriation or imminent prospect of expropriation;
(d)
any increase or decrease in the value of the land due to the development of other land
that forms part of the development for which the expropriated land is taken;
(e)
any increase or decrease in value that results from the imposition or amendment of a
land use bylaw, land use classification or analogous enactment made with a view to the
development under which the land is expropriated.
B.
Special Purpose Structures [Optional]
Section 46 allows compensation in the very rare circumstance where the land taken has building or
other structure erected upon it which has been designed for use specifically for the purpose of a
school, hospital, municipal institution or religious or charitable institution, or for any similar
purpose. If such a structure exists on the land and use of that structure for the specific purpose
identified above, has been rendered impracticable due to the expropriation, then compensation may
be payable. Specifically, the Section states that the market value for the building or structure in
such circumstances is the greater of:
(a)
The market value of the expropriated interest determined as set out under the statute
(Section 41), or
(b)
The aggregate of
i.
The cost of any reasonable alternative interest in land for that purpose; and
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-8ii.
The cost, expense and losses arising out of or incidental to moving to and reestablishment on other premises, minus the amount by which the owner has
improved or may reasonably may be expected to improve the owner’s position
through re-establishment on the other premises.
That stated, this Section only applies where, but for the expropriation, the use of that special
purpose structure would have continued for its specially designed purpose and, at the time of the
taking there was no general demand or market for the building restructure to be used for that
purpose. Currently we are not aware of any special purpose structures that would be affected by
the proposed takings.
C.
Security Interests [Optional]
Pursuant to Section 49, when there is a security interest in the expropriated land, it is necessary to
establish the market value for the purposes of each person having an interest in the land, which is
done on a separate and individual basis. Further, once the lands are expropriated, the security
holder will receive a portion of the compensation payable, related to the value of that security
interest. For example, when the amount owing to the security holder is greater than the market
value of the security holder’s interest, and there is no collateral security other than a covenant of
the purchaser or borrower to pay the amount of the debt, the security interest is deemed to have
been fully paid, discharged and satisfied on payment to that security holder of the market value of
the security by the Commission.
However, when the amount owing on the security is greater than the market value of the security
holder’s interest, and there is collateral security other than the covenant of the purchaser or
borrower to pay the amount of the debt, compensation to the security holder for the market value of
the security shall not fully discharge the debt and the Land Compensation Board shall be obligated
to determine the balance remaining and the manner in which that balance is to be repaid. We have
not yet had the opportunity to identify whether there are any security interests registered against
this titles.
D.
Damages Attributable to the Disturbance
Generally speaking, the following provisions apply to a claim for disturbance damages: n owner
may claim for costs, expenses and losses, including moving expenses and business losses, arising
out of, or incidental to, the disturbance. The damage must not be too remote: it must be the natural
and probable consequence of the dispossession, and there can be no double recovery. For example,
to give an owner market value on the highest and best use which is superior to the existing use,
plus disturbance damages flowing from interference with the existing use would, in most cases, be
the equivalent of allowing double recovery.
Disturbance damages may be defined generally as economic loss suffered by an owner by reason
of having to vacate the property. Given the remedial nature of the legislation, all damages which
are the natural and reasonable consequences of the expropriation may be found compensable.
Disturbance damages that have been acted by the Land Compensation Board or the Courts,
which may be applicable here include:
Brownlee LLP
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14
-9





Cost of inventory assessment and management time for supervising a move: Hudson’s
Bay Co. v. Calgary (City) (1978) 16 LCR 296;
Moving and packing: Esposito v. Edmonton (City) (1981), 23 LCR 81;
Legal and other costs in acquiring other premises: Baziuk v. Edmonton (City) (1978) 16
LCR 236
Loss of a sale of inventory and unsaleable equipment: Esposito, 23 LCR 81;
Promotion expenses advertising move, site preparation at new location, moving costs,
excess property taxes and management and administration costs: Shell v. Alberta (1991)
46 LCR 133;
Interim financing on purchase of new residence: Double F Motel v. Alberta, 22 LCR 78;
Skakum v. Edmonton 25 LCR 45; Warnock v. Calgary, 31 AR 94;
 Depreciated value of redundant furnishings such as drapes and rugs which cannot
reasonably be used in substitute premises;
The Land Compensation Board tends to award damages whenever the expense in question is a
direct result of the expropriation. Decisions issued by the Board have established that
compensation can be sought for disturbance damages where the costs are reasonably incurred and
causally connected to the expropriation. The Board has stated that it will keep at the forefront of
its deliberations the idea that, though an owner should not receive a windfall or unjust enrichment
as a result of expropriation, the owner also should not be required to suffer an economic loss for
the public benefit. An owner should never be left out of pocket owing to the expropriation.
The expropriating authority may be required to pay the costs associated with building replacement
facilities for the facilities that were present on the newly acquired land, but only to the extent that
the new facilities do not constitute a betterment (i.e., where the new facilities to be constructed
would result in a windfall to the landowner because they are larger, substantially improved etc).
E.
Disturbance Compensation to a Tenant [Optional]
Where there is a Tenant in occupancy of the lands that are to be expropriated, disturbance
compensation which is to be calculated having regard to:
a.
The length of the term of the lease,
b.
The portion of the term of lease remaining,
c.
Any right to renew that tenancy or reasonable prospects for renewal,
d.
In the case of a business, the nature of the business, and
e.
Additional compensation to the extent of the tenant’s investment in the land.
It should be noted though that the tenant must provide evidence on the realities of the relationship
between the landlord and tenant in order to determine the term of the lease and the prospects for
renewal. For example, where the tenant and the landowner are two separate corporate entities, but
the shares are held by the same individual (that is, an individual has set up two corporations, one to
operate a business and another to be the landlord), it has been held by the Board that the tenant
occupied the subject property under a lease term at its “pleasure” with no foreseeable expectation
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15
- 10 of any termination. However, in other circumstances, the Court has held that in certain
circumstances such a lease could be held to be a month to month tenancy, which would have no
real market value. It should also be noted that no consideration will generally be given to a lease
arrangement which comes into existence after the notice of intention to expropriate has been
registered. We are not aware of whether there is any form of lease, such as for agricultural use, that
would affect these lands.
F.
Special Economic Advantage
This concept encompasses any "special value to the owner" arising from some feature of the land
that has a measurable, monetary value to the present owner but not to a purchaser. The advantage
must be economic and not sentimental.
G.
Injurious Affection
Where only part of an owner’s land is expropriated, damage or economic loss may arise where the
use to which the expropriated portion is put adversely affects the value of the remaining land, or
where the expropriation of a part of the land decreases the value of the remaining land. Section 56
of the Act provides that, when only part of an owner’s land is taken, compensation must be given
for injurious affection which includes severance damage and any reduction in the market value of
the remaining parcel, along with incidental damages, if the injurious affection and the incidental
damages result from or are likely to result from the taking or from the construction or use of the
works for which the land has been acquired.
Here, with the proposed takings only affecting a small portion of the overall injurious affection.
This is something that would need to be properly determined by an accredited appraiser with the
appropriate expropriation experience.
Compensation Summary
In summary, the compensation payable to a landowner and any other person with a compensable
interest in the lands might be summarized as being the fair market value of the land expropriated
plus other losses and expenses incurred by the owner. Examples of such losses and expenses might
include business interruption and relocation costs, the value of the present and future crops, trees or
shelter belts, or costs incurred for time spent in addressing the expropriation of the land.
As the fair market value of the land is usually determined by accredited appraisers later on in the
expropriation proceedings, the Commission is bound to obtain an appraisal of the land in
question and provide a copy of the appraisal, along with the proposed payment for the land to be
expropriated, to the landowner(s). In turn, a landowner is entitled to retain an appraiser to obtain
an independent opinion as to the value of the land expropriated and any other damages incurred.
V.
COSTS
Expropriation can be very costly for an expropriating authority because the authority can usually
expect to pay its own legal and appraisal fees, in addition to having to pay a landowner’s
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- 11 reasonable legal and appraisal fees unless special circumstances exist justifying the denial of
payment of such costs. The Commission will also generally be required to pay for the time
expended by the landowner as a result of the expropriation. Legal fees for a hearing by the
Inquiry Officer can amount to as much as $20,000.00 for each side in some cases, for a total of
$40,000.00. Legal fees for a Land Compensation Board compensation hearing could easily be
double that amount, if the matter was protracted and hotly contested.
Additionally, Inquiry Officers have the authority to recoup their expenses in preparing for, and
hearing an Inquiry from the Commission (although the Land Compensation Board, when acting as
the Inquiry Officer, does not usually seek such compensation). This could amount to an additional
$1-5000.00. The Inquiry Officer does have the authority to deny a landowner’s costs at the Inquiry
Stage, thereby forcing that owner to pay his or her own legal and appraisal fees incurred to that
point. However, this rarely occurs. In fact, we have only seen this happen on one prior occasion.
Section 35 of the Act provides that the landowner may obtain an independent appraisal of his or her
interest and the Commission shall pay the reasonable cost of that appraisal. In addition, a
landowner may obtain advice from any solicitor of his or her choice as to whether to accept the
proposed payment in full settlement of compensation and that the Commission shall pay that
landowner’s reasonable legal costs incurred therein. Costs incurred for appraisals and legal advice
are to be reimbursed unless it is determined that the landowner has been unreasonable, premature
or overcautious: Ravvin Holdings Ltd. v. Calgary (City) (1992), 5 Alta. L.R. (3d) 320 (C.A.).
Furthermore, section 39 of the Act provides that the reasonable legal, appraisal and other costs
incurred by a landowner for the purpose of determining the compensation payable shall be paid by
the Commission] unless the Land Compensation Board determines that special circumstances exist
to justify the reduction or denial of costs. Generally, the Board awards to an owner all reasonable
costs incurred including costs of experts such as appraisers, business valuators, agricultural experts
and horticulturists, and it also awards costs directly to an owner for the owner's time incurred in
defending the expropriation.
Appraisal fees depend in part on the complexity of the problem presenting itself to the appraiser.
The appraiser has many areas of compensation to look at pursuant to the Act. He or she will
definitely look at the market value of the land and, depending on the circumstances, will
determine amounts for damages for disturbance, injurious affection and any value to the
landowner of any special economic disadvantage to him or her arising out of or incidental to his
or her occupation of the land.
In summary, the Commission will normally expect to pay all expenses incurred for both the
Inquiry and Land Compensation Board Hearings for both their own solicitors and experts, and the
solicitors and experts retained by the landowners in defending the matter. The cost of an average
expropriation is difficult to estimate since each expropriation is different. However, even the
most routine expropriation may cost the Commission in the neighbourhood of $45,000.00 and
could in some circumstances rise as high as $85,000.00 or more. This is in addition to the
amount of compensation to be paid to the landowner, including an amount for legal and appraisal
costs.
To that end, it is a general principle of expropriation, reflected both in the Act and the Board
decisions, that the affected landowner should not be found to be "out-of-pocket" for any expenses
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- 12 incurred by in defending an expropriation, and proceeding to an Inquiry and any subsequent
compensation hearing before the Land Compensation Board.
This scheme provides significant leverage to a landowner when negotiating with the an
expropriating authority such as the Commission,, as the actual costs to the Commission will be
more than the fair market value and the damages. The Commission] will also need to consider the
legal and appraisal costs it will incur, and the landowner’s legal and appraisal costs, which the
Commission will also most likely pay. That being said, a landowner should not be so ambitious as
to bring a meritless application, so as to risk a determination by the Land Compensation Board that
the landowner should bear his or her owner costs. Any challenge to the compensation offered by
the Commission will need to be based on justifiable grounds, such as a significant difference in the
calculation of the fair market value or compensable damages by the expropriating authority’s and
landowner’s appraisers.
We trust this summary will prove useful to the Commission in understanding the process and its
obligations as an expropriating authority within this process. An analysis of the Commission’s
specific compensation considerations and strategies for achievement of the Commission’s goals
will be addressed once the Commission has confirmed that it intends to proceed with the taking of
the lands an has provided additional details.
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18
EXPROPRIATION ACT
R.S.A. 2000, Chapter E-13, as amended
RESOLUTION
REGARDING EXPROPRIATION FOR THE PURPOSE OF ACQUIRING
AN EASEMENT AND RIGHT-OF-WAY OVER CERTAIN LANDS
LOCATED WITHIN MOUNTAIN VIEW COUNTY
WHEREAS the SOUTH RED DEER REGIONAL WASTEWATER
COMMISSION is desirous of obtaining an easement and right-of-way for the purposes of
constructing a sanitary pipeline and temporary workspace and related works in those portions of the
following lands as shown on the plans which are collectively Schedule “A” to this Resolution:
Short Legal
5; 1; 33; 8; NE
5; 1; 33; 8; SE
5; 1; 33; 8; SW
Title Number
961 292 269
971 009 919
101 369 335 +1
LEGAL DESCRIPTION
SECTION 8
QUARTER NORTH EAST
SECTION 8
QUARTER SOUTH EAST
EXCEPTING THEREOUT
PLAN
NUMBER
HECTARES (ACRES)
DESCRIPTIVE
9612678
8.09
19.99
{15/12/2011 ,E1118795.DOC;1}
MORE OR LESS
19
2
SECTION 8
QUARTER SOUTH WEST
EXCEPTING THEREOUT:
HECTARES
A)
PLAN 1014960
SUBDIVISION
8.30
(ACRES)
20.51
MORE OR LESS
(such lands to be subject to the easements and rights-of-way hereinafter referred to collectively as “the
Lands”).
AND WHEREAS pursuant to the provisions of the Municipal Government Act, Chapter
M-26, R.S.A. 2000, the SOUTH RED DEER REGIONAL WASTEWATER COMMISSION has
the authority to acquire an easement and right-of-way with respect to the Lands by expropriation;
COMMISSION deems it to be in the public interest and good that the said easement and right-of-way
be acquired by expropriation;
COMMISSION is desirous of acquiring the said easement and right-of-way pursuant to the provisions
of the Expropriation Act, being Chapter E-13, R.S.A. 2000, and amendments thereto;
NOW THEREFORE BE IT RESOLVED:
1.
THAT the proceedings shall be commenced by the SOUTH RED DEER REGIONAL
WASTEWATER COMMISSION, its servants, officers or agents to expropriate an easement and
right-of-way in the Lands.
2.
That the terms of the easement and right-of-way shall be as follows:
The registered owners of the Lands shall be the Grantors and the SOUTH RED DEER REGIONAL
WASTEWATER COMMISSION shall be the Grantee. The SOUTH RED DEER REGIONAL
WASTEWATER COMMISSION as Grantee shall have the following rights:
(a) the right to enter into and on the Lands for any purpose relating to the easement and right-ofway;
{15/12/2011 ,E1118795.DOC;1}
20
3
(b) the right to construct and install a sanitary pipeline including accessories and appurtenances on
the Lands;
(c) the right to operate and maintain the sanitary pipeline including accessories and appurtenances
once the construction and installation is complete;
(d) the right to repair or replace the sanitary pipeline including accessories and appurtenances; and
(e) the right for workers and any other persons to enter upon and access the Lands for any purpose
related to the easement and right-of-way;
(f) the right to have any necessary equipment and vehicles enter onto and access the Lands for any
purpose related to the easement and right-of-way; and
(g) the right to occupy and utilize the Lands as a temporary working space in relation to conduct
and completion of any or all of the foregoing;
(h) the right to register the easement and right-of-way at the appropriate Land Titles Office.
3.
THAT the officers, servants or agents of the SOUTH RED DEER REGIONAL
WASTEWATER COMMISSION and the solicitors for the SOUTH RED DEER REGIONAL
WASTEWATER COMMISSION be, and are hereby authorized and directed to do all things
necessary to initiate, carry out and conclude the expropriation proceedings under the provisions of the
Expropriation Act, Chapter E-13, R.S.A. 2000, as amended, and they are hereby authorized and
empowered to sign, seal, serve and publish the necessary documents to initiate, proceed with and
conclude the said expropriation, as applicable.
DONE AND PASSED by the Board of Directors this ______ day of ___________, 2011.
SOUTH RED DEER REGIONAL
WASTEWATER COMMISSION
{15/12/2011 ,E1118795.DOC;1}
21
ÐGROPRIATIONACT
(SECTrON8)
NOTICE OF INTENTION TO EXPROPRIATE
REGARDING EXPROPRIATION FOR THE PURPOSE OF
ACQUIRING AN EASEMENT AND RIGHT.OF-WAY OVER
CERTAIN LANDS LOCATED WITHIN MOUNTAIN VIEW COUNTY
1.
TAKE NOTICE that the SOUTH RED DEER REGIONAL WASTEWATER
COMMISSION intends to expropriate those portions of the following lands
which is Schedule "A" to this Notice of Intention to Expropriate:
Legal
5;I;33;8; NE
as shown on the plan
Title Number
961292269
Short
LEGAL DESCRIPTION
MERIDIAN
SECTION
5
RANGE
1
TO\ryNSHIP 33
8
QUARTER NORTH EAST
(such lands to be subject to the easement and right-oÊway hereinafter referred to as "the Lands").
2.
The nature of the interest in the Lands to be expropriated is an easement and right-of-way.
3.
The terms of the easement and right-of-way shall be as follows:
REGIONAL WASTEWATER COMMISSION shall be the Grantee. The SOUTH RED
DEER REGIONAL WASTEWATER COMMISSION as Grantee shall have the following
rights:
a.
the right to enter into and on the Lands for any purpose relating to the easement and
right-of-way;
b.
the right to construct and install a sanitary pipeline including accessories
and
{r5 / L2 /20LL, EI119384. Doc,' 1)
22
a
c.
the right to operate and maintain the sanitary pipeline including accessories
and
d.
the right to repair or replace the sanitary pipeline including accessories
and
appurtenances; and
e.
the right for workers and any other persons to enter upon and access the Lands for any
purpose related to the easement and right-of-way;
f.
the right to have any necessary equipment and vehicles enter onto and access the Lands
for any purpose related to the easement and right-of-way; and
g.
the right to occupy and utilize the Lands as a temporary working space in relation to
conduct and completion of any or all of the foregoing;
h.
the right to register the easement and right-of-way at the appropriate Land Titles Office.
4.
The purpose for which the interest in the Lands is required is for construction, operation,
maintenance and replacement of a sanitary pipeline and related works to transmit wastewater to the
City of Red Deer's Wastewater Treatment Plant, as well as the occupation, use and enjoyrnent of
temporary workspace for the purposes of facilitating the foregoing.
5.
Section 6 of the Expropriation Actprovides that:
(1) No person may in any proceedings under this Act dispute the right of an
(2)
expropriating authority to have recourse to expropriation.
In any proceedings under this Act the owner may question whether the taking of the
land, or the estate or interest therein, is fair, sound and reasonably necessary in the
achievement of the objectives of the expropriating authority.
6.
Section 10 of the Expropriation Act provides that:
(l) An Owner who desires an inquiry shall serve the approving authority with a notice
of objection:
(a)
in the case of an owner served in accordance with section 8(2), within
21
days of service on him of the notice of intention, and
(b)
{L5 / L2
/2OLL, E1119384.
in any other
case,
within 21 days after the first publication of the notice of
DoC; 1 }
23
3intention.
(2)
The notice of objection shall state:
(a)
(b)
(c)
(d)
the name and address of the person objecting,
the nature
ofthe objection
the grounds on which the objection is based, and
the nature of the interest of the person objecting.
7.
A person affected by the proposed expropriation does not need to serve an objection to the
expropriation in order to preserve his or her right to have the amount of compensation payable
determined by the Board or the Court, as the case may be.
8.
The approving authority with respect to this expropriation is the Land Compensation Board.
Dated
this
day
of
2011.
SOUTH RED DEER REGIONAL WASTEWATER COMMISSION
Per:
Per:
The full name and address of the expropriating authority is:
SOUTII RED DEER REGIONAL \ilASTEWATER COMMISSION
Attention: Dale Withage
4512 - 46 Street
Olds,
Alberta T4H 1R5
Telephone: 403 -507 -4803
Fax: 403-55 6-6537
(r5 /
12
/207r,
EI119384.
DOC.. 1 )
24
NE SECs
Scale 1 : 5,000
o
Distances/Areas are determined from digital drawing.
To be confìrmed by Field Survey.
Legend
I
f-l
zom Temporary Workspace
tsm Right-of-way
Stantec Consulting Ltd
AREA REQUIRED =
WORK SPACE =
,103
341 3320
2.83 Acre
ha I
3.87 Acre
25
Red DeãAB Canada
Tel
ha I
Owner(s):
600, 4æ8 Ross Street
T4N 1X5
1.14
1.56
REINHARD HAMEL
EXPROPRIATIONACT
(SECTTON 8)
ACQUIRING AN EASEMENT AND RIGHT-OF-WAY OVER
CERTAIN LANDS LOCATED WITHIN MOUNTAIN VIEW COUNTY
1.
TAKE NOTICE that the SOUTH RED DEER REGIONAL WASTEWATER
Legal
5;I;33;8; SE
Title Number
971009919
Short
LEGAL DESCRIPTION
MERIDIAN
SECTION
5
RANGE
1
TOWNSHIP 33
8
QUARTER SOUTH EAST
CONTATNTNG 64.7 HECTARES (160 ACRES) MORE OR LESS
EXCEPTING THEREOUT
PLAN
NUMBER
HECTARES
(ACRES)
MORE OR LESS
DESCRIPTTVE 9612678 8.09
1999
MINES
AND
MINERALS
EXCEPTING THEREOUT ALL
AND THE zuGHT TO WORK THE SAME
2.
3.
rights:
a.
the right to enter into and on the Lands for any purpose relating to the easement and
right-of-way;
{I5 / 12 /20LI, El119387. Doc;
1}
26
-2
b.
and
c.
the right
d.
the right to repair or replace the sanitary pipeline including
to
operate and maintain the sanitary pipeline including accessories and
accessories and
appurtenances; and
e.
f.
g.
h.
the right to register the easement and right-of-way at the appropriate Land Titles Office.
4.
City of Red Deer's Wastewater Treatment Plant, as well as the occupation, use and enjoynent of
temporary workspace for the purposes of facilitating the foregoing.
5.
(1) No person may in any proceedings under this Act dispute the right of an
(2)
6.
In any proceedings under this Act the owner may question whether the taking of the
(1)
An Owner who desires an inquiry shall serve the approving authority with a notice
of objection:
{t5 / 12 / 20L1,, 81119387. Doc,
1}
27
-3
(a)
in the case of an owner served in
accordance
with section 8(2), within
21
(b)
in any other
case,
within
2I
days after the first publication of the notice
of
intention.
(2)
(a)
(b)
(c)
(d)
the nature of the objection,
7.
8.
Dated this
_
day
of
2OII,
SOUTII RED DEER REGIONAL WASTEWATER COMMISSION
Per:
Per:
4512
Olds,
-
46 Street
Alberta T4H
1R5
Telephone: 403 -507 -4803
Fax: 403-55 6-6537
{I5 / 12 /207L, 81119387. Doc;
1)
28
Olds to Gity of Red Deer Sanitary Line
Parcel Ownership Sketch
Showing Proposed Sanitary Pipeline Temporary Workspace & Right-ofWay
SE SECS - TWPO33 - RGEOI WsM
r
Legend
A zOm Temporary Workspace
l-l lsm Rightof-way
f4N
rd
1X5
@3341
Fax {3
342
3320
0Ë9
W3bdæCOM
To be confirmed by Field Survey.
AREA REQUTRED
WORK SPACE
=
=
0.06
0.15
r
ha /
ha
0.17 Acre
0.39 Acre
REINHARD HAMEL
FRANK STEFAN HAMEL
CERTIFICATE OF TITLE NUMBER:
971 009 919
29
ÐGROPzuATIONACT
(SECTTON 8)
ACQUIRING AN EASEMENT AND RIGHT-OF-WAY OVER
CERTAIN LANDS LOCATED WITHIN MOTINTAIN VIEW COUNTY
1.
TAKE NOTICE that the SOUTII RED DEER REGIONAL \ryASTEWATER
Short Legal
5; 1;33;8; SW
Title Number
101 369 335 +1
LEGAL DESCRIPTION
MERIDIAN 5 RANGE
1
TOWNSHIP 33
SECTION 8
QUARTER SOUTH WEST
EXCEPTING THEREOUT:
A)
PLAN
HECTARES (ACRES) MORE
SUBDTVTSTON 8.30
20.st
t0r4960
OR LESS
2.
3.
rights:
a.
the right to enter into and on the Lands for any pu{pose relating to the easement and
right-of-way;
b.
and
{r5 / t2 / 20L1, El_119390.
DOc,.
l
}
30
-2
c.
the right to operate and maintain the sanitary pipeline including accessories
and
d.
the right to repair or replace the sanitary pipeline including
accessories and
appurtenances; and
e.
f.
g.
h.
the right to register the easement and
righrof-way
at the appropriate Land Titles Office.
4.
City of Red Deer's Wastewater Treatment Plant, as well as the occupation, use and enjoyment of
ternporary workspace for the purposes of facilitating the foregoing.
5.
(1) No person may in any proceedings
(2)
under this
Act dispute the right of
an
tn any proceedings under this Act the owner may question whether the taking of the
6.
Section 10 of the Expropríation Act provides that:
An Owner who desires an inquiry shall serve the approving authority with a notice
(1)
of objection:
(a)
in the
case
of an owner served in accordance with section 8(2), within
21
175/L2/20rL
, E1119390.DOC,.
1)
31
-3
(b)
in any other
case,
within
2l
days after the
first publication of the notice of
intention.
(2)
(a)
(b)
(c)
(d)
the nature of the objection,
7.
8.
Dated this
_
day
20tr.
of
Per:
Per:
4512 - 46 Street
Olds,
Alberta T4H
1R5
Telephone: 403 -507 -4803
Fax: 403-55 6-6537
{I5 /12 / 20II, El119390.
DOC;
I
}
32
.t-',
""'v
SW SECS - TWPO33 - RGEOl
Scale 1 : 5,000
i
\,sW
SECS . TWPO33 . RGEOI WsM
1.,
í-
I
I
¡¡
€,f,
\
\'
i
*#
l¡
o
To be confirmed by Field Survey.
Legend
[--l
zom Temporary Workspace
[__l tsm Right-of-way
Stantec Consulting Ltd
AREA REQUIRED
=
WORK SPACE =
403 341 3320
2.980 Acre
3.973 Acre
33
Red Deer AB Canada
Tel
I
ha I
ha
Owner(s).
600, 4808 Ross Street
T4N 1X5
1.20
1.60
REINHARD HAMEL
December 19, 2011
TITLE:
Contract 8 – Bowden to Innisfail Pipeline – Construction Monitoring and
Resident Engineering Services and Fees
RECOMMENDATION:
That the SRDRWC Board approves the Tendering fees up to $34,484.00, the
Construction Management fees up to $287,366.65, the joint Resident Engineering fees
with MVRWSC up to $444,300.00 and Commissioning fees up to $45,978.66 and
Environmental Monitoring fees up to $60,000.00 plus 8% disbursements and GST for
Contract 8 - Bowden to Innisfail pipeline construction
Municipal Government Act, Statutes of Alberta 2000, Chapter M-26 MGA - Section 602.1 states “A
commission has natural person powers, except to the extent that they are limited by this or any other
enactment.” Section 180(1) states: “A council may act only by resolution or bylaw.” Section
602.22 states “A commission must adopt a capital budget for each calendar year and section
602.23 states the contents the capital budget must include the following:
“(a) an estimate of the amount needed to acquire, construct, remove or improve capital
property;
(b) the anticipated sources and estimated amounts of money to pay the costs referred to in
clause (a)
(c) an estimate of the amount to be transferred from the operating budget.”
BACKGROUND:
At the November 18, 2011 Regular Board meeting, the Board approved awarding the tender for Contract
8 for the Bowden to Innisfail pipeline construction to M. Pidherney’s Trucking Ltd. in the amount of
$11,494,666.33 plus GST. What was not addressed at the meeting was Stantec’s construction
engineering services fees (tendering, resident engineering, construction monitoring, commissioning, and
post construction services) and environmental approvals and monitoring. The construction engineering
services fees are invoiced separate from the tender contract (i.e. directly to the Commission from
Stantec). The fees were not addressed as they had not been reviewed with Stantec prior to the meeting
and MVRWSC had concerns with the amounts Stantec had quoted for Construction Monitoring and
Resident Engineering for the two pipelines.
srdrwc.com
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 Page 2
December 19, 2011
Contract 8 – Bowden to Innisfail Pipeline – Construction Monitoring & Resident Engineering Services & Fees
In December 2007, Stantec submitted their Proposal for Engineering Services to the SRDRW
Committee. The Proposal was accepted by the Committee and a Professional Services Agreement (see
attached) was entered into with Stantec effective December 21, 2007. The Proposal submitted by
Stantec includes construction engineering services fees (tendering, resident engineering, construction
monitoring, commissioning, and post construction services) and environmental approvals and
monitoring. Their proposal outlined the fees for these services as follows:
Engineering Service
Lift Station Tenders
Pipeline Tenders
River Crossing Tender
Construction Management
Resident Engineering
Total
Commissioning (Hourly)
% of Total Construction Cost
0.4% to 0.5%
0.25% to 0.3%
0.5%
2.0% to 2.5%
2.0% to 2.5%
5.0% to 5.5%
0.3% to 0.4%
Based on the $11,494,666.33 tender for the SRDRWC pipeline and the above fee schedule Stantec
quoted their construction engineering services fees at:
Tendering at 0.3%
Construction management at 2.5%
Resident Engineer at 2.5%
Commissioning at 0.4%
Total
$ 34,484.00
$287,366.65
$287,366.65
$ 45,978.66
$655,195.96
Stantec bills this work on a Fixed Fee basis plus 8% disbursements plus GST. They also estimated the
Environmental Monitoring at $60,000.00 and bill this on a Time and Materials Basis plus 8%
disbursements and GST.
MVRWSC tender for their waterline is $10,718,823.67. Stantec quoted their construction engineering
services fees at:
Tendering at 0.3%
Construction management at 2.5%
Resident Engineer at 2.5%
Commissioning at 0.4%
Total
$ 32,156.47
$267,970.59
$267,970.59
$ 42,875.29
$610,972.94
MVRWSC expressed concern about the quality of the Construction Monitoring services Stantec provided
on Contracts 1, 2 and 3 and the cost for Construction Monitoring and Resident Engineering for the two
pipelines ($555,337 for each, totalling $1,110,674 for both). A number of Administrative meetings have
been held with Stantec and meetings between the Chairs and Vice-Chairs of the two Commissions to
discuss these. MVRWSC is considering using another firm to provide the Construction Monitoring and
Resident Engineering services.
Stantec was asked to provide a detailed description of the actual services they provide Construction
Monitoring and Resident Engineering to justify these fees. The attached report titled SRDRWC /
MVRWSC Construction Monitoring and Resident Engineering was provided by Stantec.
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 Page 3
December 19, 2011
Stantec was also challenged on the combined fees for Construction Monitoring and Resident
Engineering because we understood there were some economies in these areas (in addition to land
acquisition, line find and geotechnical costs) that could be achieved by tendering and constructing the
two lines together. Stantec was asked to provide the following information:
1.
2.
3.
4.
5.
6.
7.
Confirmation of Construction Monitoring Cost for the SRDRWC if MVRWSC agrees that
Stantec will do the construction monitoring for the water line.
Confirmation of Resident Engineering Cost for the SRDRWC if MVRWSC agrees that
Stantec will provide the resident engineering services for the water line.
Confirmation of Construction Monitoring Cost for the SRDRWC if MVRWSC decides to go
with a third party for the construction monitoring services for the water line.
Confirmation of Resident Engineering Cost for the SRDRWC if MVRWSC decides to go with
Stantec has also provideda third party for the resident engineering services for the water
line.
A clear outline of the construction monitoring services to be provided and the method the
services will be provided.
A clear outline of the resident engineering services to be provided and the method the
services will be provided.
A clear outline showing how the 17 items raised by the Counties and adopted by the Board
in January 2011 (see attached) will be addressed in the construction monitoring / resident
engineering.
Stantec’s reply to the questions is attached. Their revised Construction Monitoring and Resident
Engineering fees for both contracts was reduced to $448,900 and $444,300 respectively ($893,200
combined – a 29.5% reduction). There are spreadsheets attached (showing the total hours broken down
by staff position) outlining the calculation of these costs. Stantec has also provided a cost estimate for
SRDRWC’s Construction Monitoring and Resident Engineering fees ($306,546 and $297,783
respectively – total of $604,329) if MVRWSC decides to go with a third party for the Construction
Monitoring and Resident Engineering services.
In addition to the above points on Construction Monitoring and Resident Engineering fees, Stantec was
asked to provide detail on how they proposed to ensure the 17 points raised by Red Deer County and
Mountain View County last January with the Board would be addressed. Their response is also attached.
Based on the latest meeting between the Chairs and Vice-Chairs of the two Commissions on December
14, 2011, it was agreed the Chairman of the MVRWSC would come to our Special meeting on
December 21, 2011 to share their concerns and information they have. Currently MVRWSC is prepared
to go with Stantec for Resident Engineering services but want to go with another firm for Construction
Monitoring services. At this meeting it was also proposed that the two Commissions need to meet with
Stantec. Based on this, the Special Meeting on December 21, 2011 will start at 9:00 A.M. and deal with
the Hamel Expropriation. When that is completed we will start discussing the Professional Services
Agreement with Stantec and the Construction Monitoring and Resident Engineering services and fees.
Rick Blair, Chairman of MVRWSC will join our meeting at 10:00 A.M. Representatives from Stantec will
join the meeting at 11:00 A.M. These discussions should be held in a closed meeting.
36
 Page 4
December 19, 2011
One other point in regards to the Board deciding how they want to proceed with the Construction
Monitoring and Resident Engineering services for our pipeline construction, Administration asked for a
legal opinion on whether we were obligated to use Stantec. A copy of the reply received is attached.
Basically the Commission is obligated to use Stantec, but if the Commission decides not to, the
Commission must give the 30 day notice for terminating the Professional Services Agreement.
Following the discussion with MVRWSC and Stantec Administration is asking the Board to decide how
they want to proceed with Construction Monitoring and Resident Engineering services for Contract 8 for
the Bowden to Innisfail pipeline construction.
ALTERNATIVES:
1. That the SRDRWC Board approves the Tendering fees up to $34,484.00, the Construction
Management fees up to $287,366.65, the joint Resident Engineering fees with MVRWSC up to
$444,300.00 and Commissioning fees up to $45,978.66 and Environmental Monitoring fees up to
$60,000.00 plus 8% disbursements and GST for Contract 8 - Bowden to Innisfail pipeline
construction.
2. That the SRDRWC Board approves the Tendering fees up to $34,484.00, the Commissioning fees up
to $45,978.66 and Environmental Monitoring fees up to $60,000.00 plus 8% disbursements and GST
and directs Administration to work with MVRWSC Administration to negotiate better Construction
Management fees and Resident Engineering fees with Stantec Bowden to Innisfail pipeline
construction.
3. That the SRDRWC Board approves the Tendering fees up to $34,484.00, the joint Construction
Management fees with MVRWSC up to $448,900, the joint Resident Engineering fees with MVRWSC
up to $444,300.00 and Commissioning fees up to $45,978.66 and Environmental Monitoring fees up
to $60,000.00 plus 8% disbursements and GST Bowden to Innisfail pipeline construction.
4. That the SRDRWC Board approves terminating the Professional Services Agreement with Stantec
and directs Administration to seek proposals (minimum 3) in addition to a proposal from Stantec for
the construction engineering services fees (tendering, resident engineering, construction monitoring,
commissioning, and post construction services) for Contract 8 - Bowden to Innisfail pipeline
construction.
_________________________________
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SRDRWC / MVRWSC Construction
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November 30, 2011
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SRDRWC / MVRWSC CONSTRUCTION MONITORING AND RESIDENT ENGINEERING
Table of Contents
1.0 PROJECT OBJECTIVES AND SCOPE ............................................................................1.1
1.1 PROJECT OBJECTIVES ..................................................................................................1.1
1.2 SCOPE OF CONSTRUCTION SERVICES .......................................................................1.1
1.2.1
Project Management During Construction ..........................................................1.1
1.2.2
Resident Engineering During Construction .........................................................1.2
1.2.3
Field Monitoring During Construction..................................................................1.3
2.0 PROJECT TEAM ..............................................................................................................2.1
2.1 STANTEC’S PROJECT TEAM ..........................................................................................2.1
3.0 PROJECT COORDINATION & ADMINISTRATION .........................................................3.1
3.1 PROJECT COORDINATION .............................................................................................3.1
3.1.1
Project Update Conference Calls (Weekly).........................................................3.1
3.1.2
Project Meetings (bi-weekly) ..............................................................................3.1
3.1.3
Project Communications Plan.............................................................................3.2
3.2 PROJECT ADMINISTRATION ..........................................................................................3.2
3.2.1
Project Schedule ................................................................................................3.2
3.2.2
Tracking Project Changes ..................................................................................3.3
3.2.3
Progress Payments ............................................................................................3.3
3.2.4
Dispute Resolution .............................................................................................3.4
3.3 PROJECT TEAM, COMMUNICATIONS, AND COORDINATION CONTRACT
REFERENCES .................................................................................................................3.5
4.0 QUALITY MANAGEMENT ...............................................................................................4.1
4.1 SUMMARY OF QUALITY MANAGEMENT PRACTICES ..................................................4.1
4.2 QUALITY MANAGEMENT CONTRACT REFERENCES...................................................4.2
5.0
5.1
5.2
5.3
5.4
5.5
5.6
5.7
POST CONSTRUCTION SERVICES ................................................................................5.1
AS-CONSTRUCTED DRAWINGS ....................................................................................5.1
OPERATIONS MANUALS ................................................................................................5.1
FINAL DOCUMENTATION ...............................................................................................5.1
5.3.1
Construction Completion Certificate ...................................................................5.1
5.3.2
Final Certificate ..................................................................................................5.1
FINAL PAYMENT..............................................................................................................5.1
5.4.1
Final Progress Payment .....................................................................................5.1
5.4.2
Holdback Release ..............................................................................................5.1
LANDOWNER SIGNOFF ..................................................................................................5.2
HAND-OVER OF CONSTRUCTION DOCUMENTATION .................................................5.2
CONTRACT CLOSEOUT CONTRACT EXCERPTS .........................................................5.2
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Table of Contents
APPENDICES
Appendix A - Contract Excerpts
Appendix B - Project Team Resumes
ii
64
1.0
Project Objectives and Scope
Relevant excerpts from Stantec’s Construction Contract have been referenced at the end of
each Section and can be referenced in Appendix A.
1.1
PROJECT OBJECTIVES
The following are identified as objectives of the construction project:

Complete the Project without any safety issues resulting in injury to any party involved;

Ensure the end product will provide the desired function required by the SRDRWC and
the MVRWSC;

Minimize construction costs while maintaining a high quality end product;

Minimize the time required for construction;

Minimize the impact of construction on landowners and municipalities; and

Add value to the construction process by working with the contractor and owner to find
cost effective solutions and providing the best possible end product.
1.2
SCOPE OF CONSTRUCTION SERVICES
The scope of construction services outlined herein includes project management, resident
engineering, and construction supervision.
1.2.1
Project Management During Construction
The primary contact for the Owner, for this Project, will be Stantec’s Project Manager who will
be responsible for overseeing all components of the work. The duties for the Project Manager
include but are not limited to:

Weekly project conference calls with the MVRWSC and SRDRWC to provide progress
updates and discuss any project issues;

Assigning appropriate field inspection activities based on the Client’s requirements and
the individual project requirements;
o
For the SRDRWC / MVRWSC Bowden to Innisfail Pipeline project, it is
recommended that full time construction monitoring be in place for the duration of
construction. Full time supervision is recommended to ensure that the Project is
1.1
65
November 25, 2011
built to the required specifications and to ensure that any concerns from
impacted land owners and municipalities are dealt with in an efficient manner.
o
The Project Manager can discuss any potential advantages or consequences for
any construction monitoring scenarios that are proposed by the SRDRWC /
MVRWSC.

Ensuring that the client and contractor both understand their roles and responsibilities
outlined in the contract documents;

Ensuring that all Stantec staff working on the Project are adequately trained, equipped,
and directed to allow them to carry out their roles safely and effectively;

Keeping the client informed of the Project’s progress, changes to the work, and any
issues that require decision or discussion;

Reviewing and approving contemplated change notices, change orders, and progress
payment claims before they are sent to the client for review and approval; and

On a case by case basis, the Project Manager may attend some or all of the
construction meetings.
1.2.2
Resident Engineering During Construction
Stantec’s resident engineering services includes all services related to the project administration
and design of the Project during construction. The duties carried out for resident engineering
during construction are outlined as follows:

Ensuring that the contract documents properly and adequately describe the project,
convey the intent and purpose of the design, define the relationship between all parties,
and properly allocate the risks among the parties involved;

Respond to requests for information (RFIs) sent by the contractor in a timely manner;

Ensuring that the designers of the project review the appropriate shop drawings, design
changes, and any concerns that arise during the construction period;

In conjunction with the Project Manager and Construction Monitor, act as the first
interpreter of the contract documents for all disputes and questions;

Reviewing and filing progress reports and field orders;

Conducting bi-weekly construction meetings. Following each bi-weekly site meeting,
meeting notes will be made and distributed to all parties involved in the project. Meeting
notes from the previous meeting will be used as an agenda for each construction
meeting;
1.2
66
November 25, 2011

Distribution of any correspondence required to be sent to all parties involved in the
Project;

Administration and distribution of all documentation required for changes in the work
during construction;

Review progress payment claims and provide all administrative duties to ensure that
recommendations for payment or revisions are made in a timely manner; and

Ensuring that digital and paper copies of all construction documentation are maintained
neatly within the project file.
1.2.3
Field Monitoring During Construction
It is proposed that a full time Field Monitor be assigned to the SRDRWC / MVRWSC project for
the full duration of the construction. The following items are identified as the duties that will be
carried out by the Construction Monitor:

Constantly evaluate working conditions to ensure safe working practices are being
undertaken at all times;

Monitor the quality of construction to ensure the specifications for the Project are met;

Complete daily construction progress reports to provide a written record of the work
completed each day during construction;

Issue any field orders in a standardized written format that may be required with respect
to the Project;

Keep landowners and impacted municipalities informed of the work progress and
schedule and answer any questions that landowners may have. Concerns from
landowners that require additional attention will be passed on the Project Manager;

Measurement of work for payment to the contractor under unit rates and reviewing of
progress payment claims; and

In conjunction with the owner, issuing stop work orders if work is not satisfactory or there
is an issue that requires direct resolution before work can continue.
1.3
67
2.0
Project Team
2.1
STANTEC’S PROJECT TEAM
Stantec provides a strong local project team that has experience in dealing with similar projects
and understand the specific project issues. In addition to the local project team, Stantec has a
vast amount of expertise throughout Canada and the United States that can be drawn upon
when required.
Stantec’s primary project team consists of six people with over 90 years of combined
experience in municipal and construction experience. The primary project team consists of the
following people:

Tim Ainscough, P.Eng. – Project Manager;

Todd Simenson, P.Eng. – Senior Project Advisor;

Stephan Weninger, P.Eng. – Project Engineer;

Andrew Robertshaw, P.Eng. – Project Engineer;

Cody Gillrie, EIT – Project Coordinator; and

Don Munro – Construction Monitor.
A brief description of each project member’s applicable experience is noted in the following
sections. Please note that detailed resumes for each project member have been included in
Appendix B.
Tim Ainscough, LGA, P.Eng. - Project Manager
Tim Ainscough is a Project Manager of water and wastewater assignments and the Managing
Leader of Stantec’s Water group in our Alberta Central and Northern Regions. Tim has over 20
years of experience designing and managing water and wastewater utilities, including 14 years
with Alberta Municipalities.
Tim’s most recent regional system experience includes the South Red Deer Regional
Wastewater system, and the Sylvan Lake Regional Wastewater Commission both of which have
important similarities to this project in terms of alignment considerations and hydraulics. Tim has
also served as Project Manager for lagoon system upgrades in several communities in Central
Alberta.
2.1
68
Project Team
November 25, 2011
Todd Simenson, P.Eng. – Senior Project Advisor
Based in Red Deer, Todd is a Principal who has been with Stantec for over 25 years,
specializing in project management, planning and design of municipal infrastructure systems.
Todd has a vast amount of design and construction experience on projects of both large and
small scales. Among his recent projects in the region are the City of Red Deer Trunks Water
and Sanitary Sewer Project, the Easthill Water System Functional Design, KRWSC Regional
Waterline and the Kirkpatrick Reservoir/Pump Station, the NOVA high-pressure steel raw water
supply line at Joffre, and the Linden North Rural Water Servicing Area (including reservoir) in
Kneehill County. He was also the Project Manager for the Easthill Drainage Study which
included $10 million worth of storm improvements including the Easthill School, Eastview
Estates and Michener Wetlands and which was included in the 2007 CEA Awards for
Environmental Excellence.
Stephan Weninger, P.Eng. - Assistant Project Manager
Stephan has been with Stantec for nearly 12 years and has completed numerous regional water
and wastewater system projects, serving as either Project Manager or Project Engineer. On
these projects, Stephan provided a wide variety of services including conceptual, preliminary
and detailed designs, design reports, materials specifications, contract document preparation,
and tendering services. Stephan has been assigned to this Project Team because of his
extensive experience, which ranges from concept development through to construction for both
regional water and wastewater systems.
Andrew Robertshaw, P.Eng. - Project Engineer
Andrew Robertshaw is a Project Engineer who has spent the majority of his nearly five years
with Stantec, engaged on regional water and wastewater projects proceeding from concept,
through design and onto construction. Andrew has gained extensive design and field experience
on Phase 1 of the South Red Deer Regional Wastewater system, and Phase 2 of the system
(currently under construction), as well as the mainline twinning of the Mountain View Regional
Waterline.
In addition to his experience in regional systems, Andrew brings experience in the analysis of
water distribution systems, resident engineering during construction, and contract administration
for utility and road improvement projects.
Cody Gillrie, EIT – Project Coordinator
Cody Gillrie is an Engineer in Training who has five years of experience in Construction. He
graduated from the University of British Columbia and has been with Stantec since September
of 2011. Cody grew up in the Innisfail area and has extensive knowledge of the area. Cody will
be a part of the project administration and resident engineering team for the Project.
2.2
69
Project Team
November 25, 2011
Don Munro, LGA - Construction Monitor
Don has 25 years of experience as a Manager of Operations and Infrastructure with
management expertise in water and gas utilities. He has extensive experience in operations and
maintenance and construction management of regional systems. He has been with Stantec
since 2005, during which time, has served as Construction Monitor on regional transmission
systems including projects for the Sylvan Lake Regional Wastewater Commission, the South
Red Deer Regional Wastewater Commission and Shirley McClellan Regional Water Services
Commission, among many others. In addition, Don holds Level III Water Treatment, Level II
Water Distribution and Wastewater Collection along with Level I Wastewater Treatment
Certification and Level III Public Works Supervisor and he has completed a Local Government
Administrator’s
Certificate
from
the
University
of
Alberta.
2.3
70
3.0
Project Coordination & Administration
3.1
PROJECT COORDINATION
3.1.1
Project Update Conference Calls (Weekly)
A regularly scheduled weekly conference call will be held between the SRDRWC / MVRWSC
Project Manager and Stantec’s Project Manager. The intent of the conference call is to provide
each party with a progress update, answer any questions, ensure that all parties are aware of
any issues that require attention, and to ensure communication lines remain open and active at
a managerial level. The weekly project conference calls are considered to be informal
discussions and therefore no formal meeting notes will be made following the meetings.
Stantec’s Project Manager will update a project task list following each conference call.
3.1.2
Project Meetings (Bi-weekly)
Project progress meetings will be held bi-weekly at an agreed upon site where the Contractor,
Stantec, the SRDRWC / MVRWSC, and any impacted municipalities will be invited to attend.
Project meetings will review the following items:







Safety;
Environmental Issues;
Project Progress / Schedule Update;
Project Administration;
o Requests for Information
o Field Orders
o Changes to work (Contemplated Change Notices and Change Orders)
o Progress payment claims
Road conditions and closures;
Landowner concerns; and
Other – Any other issues that require discussion.
Stantec will conduct the construction meetings to ensure all agenda items are addressed and
take notes of all discussions. Within 5 days of each meeting, Stantec will issue written meeting
notes and distribute them by email to the Owner, Contractor, Engineer, and Impacted
Municipalities. Meeting notes will contain action items identifying a person or organization
responsible for a task and identifying the agreed upon timeline for the completion of each task.
Appended to each set of meeting notes will be a spreadsheet summarizing changes to the work
(CCNs and change orders), requests for information, and shop drawing reviews. The tracking
sheets ensure that all paper documentation is followed up on and kept up to date.
3.1
71
November 25, 2011
3.1.3
Project Communications Plan
An emphasis on single points of communication will be made on the Project to avoid lost
communications and misinterpretations. Stantec’s Resident Engineer will communicate directly
with the Contractor’s Project Manager. Stantec’s Construction Monitor will communicate directly
with the Project Superintendent. All communication between Stantec and the Owner will be
through Stantec’s Project Manager and directed at the Project Manager for the SRDRWC /
MVRWSC. It is intended that Stantec will deal with all communication with the Contractor and
there will be no direct communications between the SRDRWC / MVRWSC and the Contractor. If
communication between the Contractor and the Owner is required, it is requested that Stantec
be included.
The following communications chart shows the proposed lines of communication.
Figure 1: Communications Chart
3.2
PROJECT ADMINISTRATION
3.2.1
Project Schedule
Ensuring the Project progresses to meet the desired schedule is considered to be a key
component of the management and administration for the Project. Stantec will track the project
schedule continuously through discussions at each bi-weekly project meeting and be discussed
with the Contractor. Any changes to the original contract schedule must be updated by the
contractor for each meeting. If an extension of the schedule is required, it must be done by
change order, requiring signoff from the Contractor, Engineer, and Owner.
3.2
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November 25, 2011
3.2.2
Tracking Project Changes
Any changes to the scope of the work from the original contract will be addressed with change
orders. The Contractor will be informed at the start of the Project that all changes to the scope
of the work requires a change order before the work can be completed.
The following is a typical process for a change in project scope.
1. Potential change to the work is identified and a CCN is generated by Stantec that day
and sent to the Contractor for pricing and signoff via email.
2. The Contractor reviews the CCN and provides pricing, signs the CCN and returns to
Stantec via email.
3. Stantec reviews the CCN pricing. If the pricing is acceptable, Stantec signs the
document and forwards to the SRDRWC / MVRWSC for review and signoff via email.
4. The SRDRWC / MVRWSC reviews pricing and signs the CCN if they consider it to be
acceptable and returns it to Stantec via email.
5. Stantec creates a change order based on the pricing contained in the signed CCN. In
creating the change order, Stantec reviews the current budget to determine if the change
can proceed with the current budget. In most cases, a change that increases the cost of
the Project will be paid from the Project’s contingency. Change orders show the contract
value and balance remaining in the contingency for reference.
6. Stantec sends the change order to the Contractor for review and signature via email.
7. The Contractor sends the signed change order to Stantec via email.
8. Stantec reviews the signed change order, signs and sends to the SRDRWC / MVRWSC
for final review and signoff and sends to Stantec via email.
9. The fully executed change order is forwarded to the Contractor and SRDRWC /
MVRWSC for their records and is added to the paper and digital project file.
A change order can be generated and signed off in a matter of hours, however, if time allows,
the typical turn around to complete the paperwork would be 2 to 7 days depending on the
complexity of the change and the urgency. Email is the preferred method for transmittal
because it provides a digital record of all of the communications.
3.2.3
Progress Payments
Progress payment claims will be processed monthly based on a cutoff date agreed to by all at
the beginning of the Project (eg. 25th day of each month). The process for progress payments
will be as follows:
3.3
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November 25, 2011
1. After the progress cutoff date each month the Contractor and Stantec’s Construction
Monitor will meet to review the quantities for the progress claim.
2. The Contractor submits a progress payment claim to Stantec’s Resident Engineer via
email.
3. Stantec’s Resident Engineer reviews the progress payment claim and responds to the
Contractor claim via email by sending a draft of the progress payment for review and
signoff within 7 calendar days of receiving the progress payment claim from the
Contractor.
4. The Contractor reviews the draft progress payment claim and provides a signed copy to
Stantec via email with an invoice in the quantity in the progress payment claim.
5. Stantec reviews the invoice from the Contractor and provides a recommendation to the
SRDRWC / MVRWSC for payment via email with original to follow in mail.
6. The SRDRWC / MVRWSC provides payment to the Contractor within 14 calendar days
of receiving the payment recommendation from Stantec.
3.2.4
Dispute Resolution
The General Conditions within the Construction Contract clearly lays out the terms for dispute
resolution and these practices will be followed. Any disputes will be discussed at the bi-weekly
construction meetings or if required, a special meeting may be called to address the issue. The
Contract outlines the process for managements of disputes as follows (Section 700 -10):
1. The Engineer shall, in the first instance, interpret the CONTRACT and make any
determinations for which he is responsible and which he is authorized to make under the
CONTRACT. Should either the CONTRACTOR or the OWNER dispute the written
interpretation or determination made by the ENGINEER in the first instance, that party
shall, within six (6) calendar days of receiving the determination or interpretation, submit
to the ENGINEER a written notice of his dispute setting out all of the relevant details.
2. Upon receipt of a Notice of Dispute, the ENGINEER shall immediately notify in writing
the other party to the CONTRACT and provide to the other party a copy of the Notice of
Dispute.
3. The OWNER and the CONTRACTOR shall, within six (6) calendar days of receiving
such notification, review the dispute jointly and attempt a resolution by negotiation.
4. If the OWNER and the CONTRACTOR are not able to resolve the dispute by
negotiation, they may, by mutual agreement, engage a mediator to assist them in further
negotiation towards reaching a resolution.
3.4
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November 25, 2011
5. Alternatively, or after mediation has failed, the OWNER and the CONTRACTOR may, by
mutual agreement, submit the dispute to arbitration under the laws of the jurisdiction in
which THE WORK is situated. Insofar as it is compatible with the law in the jurisdiction
in which THE WORK is situated, the Recommended Procedures for Arbitration of
Construction Disputes of the Canadian Construction Association, the most current
edition, shall be followed. The arbitrator's decision shall be binding.
6. Alternatively, the CONTRACTOR or the OWNER may commence an action at law with
respect to the dispute if it cannot be resolved by negotiation either with or without
mediation.
7. Neither negotiation with or without mediation, nor arbitration, shall be conditions
precedent to proceeding with an action at law.
8. If the dispute is not resolved promptly, the ENGINEER shall give instructions in writing to
the CONTRACTOR to do such work or to take such actions or refrain from taking such
actions as may be required to avoid delay, mitigate damage and continue the proper
performance of THE WORK pending resolution of the dispute. The CONTRACTOR
shall act promptly in accordance with such instructions and by so doing shall not
jeopardize any claim he may have with respect to the dispute.
3.3
PROJECT TEAM, COMMUNICATIONS, AND COORDINATION CONTRACT
REFERENCES
The following Sections of the Contract have been appended to this document for reference:



Section 00700 – General Conditions
Section 01200 – Project Meetings
Section 01310 – Construction Schedules
3.5
75
4.0
Quality Management
4.1
SUMMARY OF QUALITY MANAGEMENT PRACTICES
The quality of the work is the responsibility of the Contractor, however, Stantec will have a field
representative on the site to monitor construction to ensure that the construction of the Project is
in accordance with the specification and drawings in the Contract. Upon acknowledging any
deviation from the contract specifications during construction, the Construction Monitor will
discuss the issue with the Superintendent and the Contractor will make the necessary corrective
measures.
In addition to construction monitoring, other quality control measures in place as part of the
Contract include the following:
1. Engineer review of procedural submittals, shop drawings, and mock-ups;
2. X-rays for 100% of welds on steel pipe;
a. X-rays are analyzed by a professional and any that don’t pass the inspection are
cut out of the pipe and re-welded.
3. Logging of welding data for all fusible PVC pipe joints;
4. Pressure testing of the pipe to 150 % of the working pressure of the pipe;
5. Soils testing during construction;
6. Construction completion inspection of the entire project following the substantial
completion of construction with any deficiencies noted and payment withheld until the
deficiencies are corrected;
7. 10% of all payments are withheld until 45 days after the substantial completion of the
Project and are conditional upon the completion of all deficiencies noted at the
construction completion inspection; and
8. The Contract requires the Contractor to provide a warranty on all work for a minimum of
two years following the issuance of the Construction Completion Certificate (CCC).
4.1
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November 25, 2011
4.2
QUALITY MANAGEMENT CONTRACT REFERENCES





Section 01300 – Submittals
Section 01340 – Shop Drawings
Section 1350 – Mock-Ups
Section 01390 - Final Inspections / As-builts
Section 01400 – Quality Control
4.2
77
5.0
Post Construction Services
5.1
AS-CONSTRUCTED DRAWINGS
During construction, the Contractor will be responsible for marking any changes that differ from
the “Issued for Construction” (IFC) drawings. At bi-weekly meetings, the marked drawings can
be collected from the Contractor. Following construction, Stantec will modify the IFC drawings to
contain all of the changes made in the field during construction. The modified drawings will be
provided to the Owner.
5.2
OPERATIONS MANUALS
The Contractor is to provide the Engineer with four copies of the operations manual before the
contract completion date.
5.3
FINAL DOCUMENTATION
5.3.1
Construction Completion Certificate
Upon the substantial completion of the Project, a construction completion inspection will be
completed noting any deficiencies. Following the inspection, a Construction Completion
Certificate (CCC) will be issued, signed by the Engineer and the Owner. The issuance of the
CCC triggers the start of the two year warranty period for the Contractor.
5.3.2
Final Certificate
Upon expiration of the warranty period, the Contractor may apply for a final certificate indicating
that the Project is complete and satisfactory for the Engineer and the Owner. It is the
Contractor‘s responsibility to apply to the Engineer to receive a final certificate.
5.4
FINAL PAYMENT
5.4.1
Final Progress Payment
Upon completion of all work identified as within the scope of the Contract, the Contractor may
be paid the final progress payment. At this point, any deficiencies will be noted and the
estimated costs to complete the deficiencies will be withheld from the Contractor until the items
are addressed and inspected.
5.4.2
Holdback Release
The holdback may be released following the final progress payment and if the following
conditions are met (Contract Section 00700 – 18):
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1. The ENGINEER has issued a CONSTRUCTION COMPLETION CERTIFICATE.
2. The CONTRACTOR has filed with the ENGINEER a certification from the Workers'
Compensation Board, stating that all assessments due to them from the CONTRACTOR
have been paid.
3. The CONTRACTOR has filed with the ENGINEER a statutory declaration that:
a. With exception of holdbacks retained by the OWNER, all claims for payment of
MATERIAL, PRODUCT, PLANT and labour incurred by the CONTRACTOR
directly or indirectly on account of THE WORK have been paid and no lien exists
against the premises in respect of anything done or furnished under this
CONTRACT; all claims and demands for payment in connection with this
CONTRACT have been submitted and approved, thus establishing the final
CONTRACT PRICE, and the amount of the FINAL PAYMENT.
In accordance with the Builder’s Lien Act, the Contractor’s holdback may be released after a
period of 45 days following the issuance of the CCC.
5.5
LANDOWNER SIGNOFF
Upon the completion of the Contractor’s final cleanup, the Contractor will be required to obtain
signoff from landowners indicating that the Project has been completed to their satisfaction.
Any issues that can’t be resolved will be noted on the landowner signoff sheet. Landowner
signoff sheets will be kept with the construction documentation.
HAND-OVER OF CONSTRUCTION DOCUMENTATION
5.6
Stantec maintains full records of construction documentation. The Owner may request copies
of any or all construction documentation following the completion of the Project.
5.7
CONTRACT CLOSEOUT CONTRACT EXCERPTS


Section 01390 - Final Inspections / As-builts
Section 01700 – Contract Closeout
5.2
79
Appendix A
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Contract 8
General Conditions
Section 00700
Page 1
TABLE OF CONTENTS
ARTICLE
NUMBER
ARTICLE
Page
1.
Definitions
3
2.
Agreement
5
3.
Drawings and Instructions
6
4.
Reference Points and Layout
6
5.
The Engineer and the Contractor
7
6.
Subcontractors
8
7.
Other Contractors
9
8.
Assignment
9
9.
Indemnity
9
10.
Dispute Resolution
10
11.
Delays
11
12.
Owner's Right To Do Work
12
13.
Owner's Right to Terminate the Contract
12
14.
Suspension of the Work by the Owner
13
15.
Contractor's Right to Stop Work or Terminate the
Contract
14
16.
Changes in the Work
15
17.
Valuation of Changes in the Work
16
18.
Payments
18
19.
19
20.
Final Certificate
20
21.
Taxes and Duties
20
22.
Patent Fees
20
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23.
Laws, Regulations, Surveys and Permits
21
24.
Compliance With Occupational Health and Safety
Enactments
22
25.
Liability Insurance
23
26.
Property Insurance (Course of Construction
Insurance)
24
27.
Protection of Work and Property
26
28.
Warranty Period
26
29.
Inspection of the Work
27
30.
Rejected Work
28
31.
Labour
29
32.
Material and Product Supplied by the Contractor
29
33.
Material and Product Supplied by the Owner
30
34.
Storage Facilities and Use of Premises
30
35.
Use of Completed Portions of the Work
31
36.
Cleanup and Final Cleaning of the Work
31
37.
Remedies
31
TOTAL PAGES
31
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1.
Definitions
.1
The contents of the CONTRACT DOCUMENTS are limited to:
Section 00700
Page 3
Contract Forms:
-
the TENDER Forms
the Supplementary TENDER Forms
Notice of Acceptance
the AGREEMENT
the Performance Bond
the Labour and Materials Payment Bond
the Certificate of Insurance;
Conditions of the Contract:
-
the General Conditions
the Supplementary General Conditions;
Drawings;
Specifications;
Appendices;
Addenda;
Field Orders;
Change Orders.
.2
The following definitions shall apply throughout the CONTRACT DOCUMENTS:
.1
The term ENGINEER shall mean Stantec Consulting Ltd. or such other
engineering firm as may from time to time be duly authorized and appointed in
writing by the OWNER to act for the purposes of this CONTRACT within the
authority and responsibility defined in the CONTRACT DOCUMENTS.
.2
The term OWNER REPRESENTATIVE shall mean an employee of the OWNER
or an agent of the OWNER, specifically designated in writing by the OWNER to
have special responsibilities and authorities as set out in the CONTRACT
DOCUMENTS.
.3
The term THE WORK shall mean the entirety of the work described in these
contract documents, including MATERIAL, PRODUCT, labour, PLANT,
transportation and other facilities and items ancillary to the foregoing required to
furnish and perform the CONTRACT by the CONTRACTOR in accordance with
the intent of the design as expressed in the CONTRACT DOCUMENTS.
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.4
The term THE PROJECT shall mean the total construction contemplated by the
OWNER, of which THE WORK may be the whole or only a part.
.5
The term WORKSITE shall mean the spatial limits within which THE WORK is
located, during the period of performance of THE WORK from the date of Notice
to Proceed to the date of the CONSTRUCTION COMPLETION CERTIFICATE.
.6
The term CONTRACTOR'S SUPERINTENDENT shall mean an employee or
representative of the CONTRACTOR who is specifically authorized to be in full
charge of the CONTRACTOR's operations at the WORKSITE and is so
designated in writing by the CONTRACTOR to the OWNER.
.7
The term SUBCONTRACTOR shall mean a person neither contracting with nor
employed directly by the OWNER for doing any of THE WORK, but contracting
with or being employed directly by the CONTRACTOR, provided however that
the term SUBCONTRACTOR shall not include one who merely supplies
MATERIAL or PRODUCT for THE WORK to the CONTRACTOR.
.8
The term OTHER CONTRACTOR shall mean any person, firm or corporation
employed by the OWNER on the site of THE PROJECT other than through the
CONTRACTOR.
.9
The term CONTRACT PRICE shall mean the total amount of the CONTRACT as
defined in the AGREEMENT, adjusted during the course of THE WORK as
required by these CONTRACT DOCUMENTS.
.10
Certificates
a)
The term PROGRESS PAYMENT CERTIFICATE shall mean a claim for
payment for work done, prepared by the CONTRACTOR, reviewed and
certified by the ENGINEER, upon which payment on account is made
periodically by the OWNER.
b)
The term CONSTRUCTION COMPLETION CERTIFICATE shall mean a
certificate issued by the ENGINEER upon full completion of THE WORK,
including cleanup and rectification of all deficiencies.
c)
The term FINAL CERTIFICATE shall mean the certificate issued by the
ENGINEER on behalf of the OWNER or by the OWNER, only at the
request of the CONTRACTOR, after expiry of the WARRANTY PERIOD,
provided that the conditions of the CONTRACT have been met.
.11
The term WARRANTY PERIOD shall mean the period beginning on the date
specified in the "CONSTRUCTION COMPLETION CERTIFICATE," and ending
after all conditions of the CONTRACT have been met, and the specified period
has expired.
.12
The term FIELD ORDER (F.O.) shall mean a written communication from the
OWNER, or from the ENGINEER on behalf of the OWNER, to the
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CONTRACTOR, clarifying the CONTRACT DOCUMENTS, issuing additional
instructions, requesting information, or ordering a change in THE WORK within
the general scope of THE WORK.
.13
The term CHANGE ORDER shall mean a written communication issued by the
OWNER, with the agreement of the CONTRACTOR, setting forth the authorized
amount and time to be added to or deducted from the CONTRACT PRICE on
account of changes in THE WORK described by a NOTICE OF
CONTEMPLATED CHANGE and subsequent correspondence.
.14
The term NOTICE OF CONTEMPLATED CHANGE (NCC) shall mean a written
communication from the ENGINEER, on behalf of the OWNER, describing a
change in THE WORK and requesting a quotation, complete with a narrative
description of the details of the work to be done by the CONTRACTOR to
achieve the intent of the contemplated change.
.15
The term QUOTATION FOR CONTEMPLATED CHANGE (QCC) shall mean a
written proposal by the CONTRACTOR to the OWNER for doing the work
required to achieve the contemplated change, including both cost and time
implications for doing the work.
.16
The term PLANT shall mean collectively all tools, implements, machinery,
vehicles, structures, equipment and other things required for the execution of
THE WORK, and provided by the CONTRACTOR.
.17
The term MATERIAL shall mean collectively all materials and commodities
required to be furnished under the CONTRACT for THE WORK except those
specifically provided for otherwise in the CONTRACT DOCUMENTS.
.18
The term PRODUCT shall mean collectively machinery or assembled
components specifically provided for THE WORK and standard PRODUCT such
as motors, pumps, etc. designed and produced for a specific use.
.19
The term "PROVIDE" shall mean supply and install.
.3
Words importing the singular only shall also include the plural and vice-versa, where the
context requires.
.4
MATERIAL, PRODUCT, PLANT or methods described in words which so applied have a
well-known technical or trade meaning shall be held to refer to such recognized
meaning.
2.
Agreement
.1
The AGREEMENT shall be signed in Triplicate by the OWNER and the CONTRACTOR.
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3.
Drawings and Instructions
.1
The OWNER will furnish to the CONTRACTOR
DOCUMENTS.
.2
A current set of the complete CONTRACT DOCUMENTS, in good order, shall be kept at
the WORKSITE and shall be available there to the ENGINEER and the OWNER.
.3
All drawings, specifications and copies thereof furnished by the ENGINEER are his
property. They shall not be used on other work and, with the exception of the signed
CONTRACT DOCUMENT set, are to be returned to the ENGINEER on request, upon
completion of THE WORK.
.4
All models prepared by the ENGINEER for the OWNER's use and paid for by the
OWNER, are the property of the OWNER, and not the CONTRACTOR, unless
specifically agreed otherwise.
4.
Reference Points and Layout
.1
The ENGINEER will establish base lines and reference points, for the location of
principal components of THE WORK, as well as bench marks in reasonable proximity to
THE WORK.
.2
The CONTRACTOR shall be responsible for protection and preservation of bench
marks, reference points and stakes, and legal survey pins, and in case of willful or
careless destruction, he shall be charged with the resulting expense and shall be
responsible for any mistakes that may be caused by their loss or disturbance.
.3
The CONTRACTOR shall provide all detailed layout of dimensions, locations, and
elevations of THE WORK from the base lines, reference points, and bench marks set by
the ENGINEER.
.4
The CONTRACTOR shall not proceed with THE WORK until he has received from the
ENGINEER such base lines, reference points, elevations, and other points and
instructions as are required for the execution of THE WORK.
.5
The CONTRACTOR shall, before commencing work at any point, satisfy himself as to
the meaning and correctness of all stakes and instructions. No claims shall be
considered for any allowance based on alleged inaccuracies, failure to read reference
points correctly, or failure to interpret instructions correctly.
.6
If the CONTRACTOR, in the course of executing THE WORK, finds any discrepancy
between the drawings and the physical conditions of the locality, or any errors,
omissions or discrepancies in drawings or in the layout as given by points and
instructions, he shall inform the OWNER immediately in writing, and the OWNER or the
ENGINEER shall promptly verify the same and issue appropriate instructions. Any work
done after discovery of errors, omissions or discrepancies, before further work is
authorized, will be done at the CONTRACTOR'S risk.
working copies of the CONTRACT
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5.
The Engineer and the Contractor
.1
The ENGINEER shall administer the CONTRACT and shall, in the first instance, be the
interpreter of the CONTRACT and shall assess the adequacy of performance by the
Parties.
The ENGINEER shall provide full time resident services at the WORKSITE and general
engineering services for THE WORK.
The duties, responsibilities and limitations of authority of the ENGINEER are defined in
the CONTRACT DOCUMENTS and they may not be changed except with the written
consent of the OWNER, the CONTRACTOR and the ENGINEER. They are delegated
to the ENGINEER by the OWNER.
.2
The efforts of the ENGINEER shall be directed to reviewing construction progress,
providing interpretation of the CONTRACT DOCUMENTS, where required, and assisting
in the expeditious carrying out of THE WORK.
.3
The ENGINEER does not guarantee the CONTRACTOR's work nor undertake to check
the quality and quantity of work on behalf of the CONTRACTOR. The ENGINEER is not
responsible to the CONTRACTOR for discovering defects in THE WORK nor for
advising the CONTRACTOR of defects in THE WORK.
.4
The CONTRACTOR shall bring to THE WORK the expertise, skill and experience
required for the execution of THE WORK.
.5
During the course of execution of THE WORK, if the CONTRACTOR becomes aware of
any error, discrepancy or omission in the drawings or the specifications, the
CONTRACTOR shall immediately notify the ENGINEER in writing and request
instructions. The CONTRACTOR shall not proceed any further with that portion of THE
WORK until he has received such instructions in writing from the ENGINEER.
The ENGINEER may, by FIELD ORDER, put a "hold" on any portion of THE WORK
while an error, discrepancy or omission, whether discovered by the CONTRACTOR or
the ENGINEER, is investigated. Such a "hold" order shall not constitute a basis for a
claim by the CONTRACTOR for delay, unless and until it critically affects the
performance of THE WORK and the Schedule for Completion of THE WORK.
.6
The CONTRACTOR shall have complete control of THE WORK and shall direct and
supervise THE WORK to ensure conformance with the intent of design as expressed in
the CONTRACT DOCUMENTS. The CONTRACTOR shall be solely responsible for
construction means, methods, techniques, sequences and procedures, and for
coordinating the various aspects of THE WORK under the CONTRACT.
The
CONTRACTOR shall have determined that THE WORK is constructable.
.7
The CONTRACTOR shall have the sole responsibility for the design, erection, operation,
maintenance and removal of temporary structures and other temporary facilities, and for
the design and execution of methods required in their use.
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When required by law or by the CONTRACT, the CONTRACTOR shall engage and pay
for registered professional engineering personnel to perform the design of temporary
facilities and methods of execution to ensure safety and satisfactory performance.
When required by the Specifications or drawings, the CONTRACTOR shall submit to the
ENGINEER a written description and Drawings to show its proposed methods and
means for doing certain specified items of THE WORK. These submissions are to made
to allow the ENGINEER on the OWNER's behalf to:
a)
determine the general conformance of the proposed means and methods with
the intent of the design;
b)
determine whether there are or could be any serious affects of a permanent
nature on THE WORK, the WORKSITE, or the contiguous area outside the
Worksite.
The OWNER, or the ENGINEER in the OWNER's behalf may, but they are not obligated
to, comment, give approval or with hold approval of the proposed means and methods.
The OWNER may stop the CONTRACTOR from implementing the proposed means and
methods by issuing a FIELD ORDER.
.8
The CONTRACTOR shall employ a competent CONTRACTOR'S SUPERINTENDENT
who shall be in attendance at the WORKSITE while THE WORK is being performed.
The CONTRACTOR'S SUPERINTENDENT shall be acceptable to the OWNER and
shall not be removed or changed without good reason, and then only with the approval
of the OWNER.
The CONTRACTOR'S SUPERINTENDENT shall represent the CONTRACTOR at the
WORKSITE and additional instructions given to him by the ENGINEER shall be deemed
to have been given to the CONTRACTOR.
.9
Nothing contained in the CONTRACT DOCUMENTS shall be construed to form any
contractual obligation between the ENGINEER and the CONTRACTOR.
6.
Subcontractor’s
.1
The CONTRACTOR shall preserve and protect the rights of the OWNER with respect to
all work performed under the Contract and shall:
a)
Require all SUBCONTRACTORS to perform work in accordance with and
subject to the terms and conditions of the CONTRACT;
b)
Be as fully responsible to the OWNER for acts and omissions of SUBCONTRACTORS and of persons directly or indirectly employed by them as for acts
and omissions of persons directly employed by the CONTRACTOR;
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c)
General Conditions
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Page 9
Incorporate all terms and conditions of the CONTRACT DOCUMENTS into all
Subcontract Agreements he enters into with his SUBCONTRACTORS, insofar as
they are applicable.
.2
The CONTRACTOR shall employ those SUBCONTRACTORS proposed in the Schedule
of SUBCONTRACTORS for portions of THE WORK designated and as accepted by the
OWNER prior to Acceptance of the TENDER..
.3
Nothing contained in the CONTRACT DOCUMENTS shall create any contractual
obligation between any SUBCONTRACTOR and the OWNER.
7.
Other Contractors
.1
The OWNER reserves the right to let other contracts on the WORKSITE related to the
Project and to do work with his own forces on the Project.
.2
The OWNER shall coordinate the work, insurance coverages, and compliance of
OTHER CONTRACTORS with rules and procedures for the WORKSITE insofar as these
affect THE WORK of this CONTRACT.
.3
The CONTRACTOR shall coordinate his work with that of OTHER CONTRACTORS and
tie into works constructed by others as specified or shown in the CONTRACT
DOCUMENTS.
.4
The CONTRACTOR shall report to the OWNER or the ENGINEER any apparent
deficiencies in OTHER CONTRACTORS' work which would affect THE WORK of this
CONTRACT as soon as they come to his attention and shall confirm such report in
writing. Failure by the CONTRACTOR to so report shall invalidate any claims against
the OWNER by reason of the deficiencies of OTHER CONTRACTORS' work except as
to those of which the CONTRACTOR could not reasonably be aware.
8.
Assignment
.1
Neither Party to the CONTRACT shall assign the CONTRACT or any portion thereof, nor
any monies due to either Party, without the written consent of the other; which consent
shall not be unreasonably withheld.
9.
Indemnity
.1
The CONTRACTOR shall indemnify and hold harmless the OWNER, the ENGINEER,
OTHER CONTRACTORS and any and all representatives or employees of the OWNER,
from and against all third party actions, claims, demands or suits, or payments, losses,
judgment or expenses arising out of or in consequence of the acts, omissions or
negligence of the CONTRACTOR in performing THE WORK during the period of
performance of THE WORK and during the Warranty Period.
.2
In the event of such a third party action, claim, demand or suit, the OWNER shall give
written notice thereof to the CONTRACTOR and the CONTRACTOR shall thereupon
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defend against or otherwise dispose of the same, and shall pay any losses, judgments
and expenses promptly after they are determined.
.3
If the CONTRACTOR fails, refuses or neglects to defend, or otherwise dispose of such
third party action, claim, demand or suit, within reasonable time and within legal time
constraints, the OWNER may dispose of such action, claim, demand or suit on such
terms as the OWNER, in his sole discretion, shall deem reasonable.
The
CONTRACTOR shall thereupon, and forthwith, pay to the OWNER the sums paid out by
the OWNER and all reasonable costs incurred by the OWNER in disposing of the
matter, including the OWNER’S legal costs on the Solicitor and Client basis.
.4
The obligation of the CONTRACTOR to indemnify the OWNER shall not apply to liability
arising out of acts, omissions or negligence of the OWNER, the ENGINEER, OTHER
CONTRACTORS or any other representative or employee of the OWNER.
10.
Dispute Resolution
.1
The Engineer shall, in the first instance, interpret the CONTRACT and make any
determinations for which he is responsible and which he is authorized to make under the
CONTRACT. Should either the CONTRACTOR or the OWNER dispute the written
interpretation or determination made by the ENGINEER in the first instance, that party
shall, within six (6) calendar days of receiving the determination or interpretation, submit
to the ENGINEER a written notice of his dispute setting out all of the relevant details.
.2
Upon receipt of a Notice of Dispute, the ENGINEER shall immediately notify in writing
the other party to the CONTRACT and provide to the other party a copy of the Notice of
Dispute.
.3
The OWNER and the CONTRACTOR shall, within six (6) calendar days of receiving
such notification, review the dispute jointly and attempt a resolution by negotiation.
.4
If the OWNER and the CONTRACTOR are not able to resolve the dispute by
negotiation, they may, by mutual agreement, engage a mediator to assist them in further
negotiation towards reaching a resolution.
.5
Alternatively, or after mediation has failed, the OWNER and the CONTRACTOR may, by
mutual agreement, submit the dispute to arbitration under the laws of the jurisdiction in
which THE WORK is situated. Insofar as it is compatible with the law in the jurisdiction
in which THE WORK is situated, the Recommended Procedures for Arbitration of
Construction Disputes of the Canadian Construction Association, the most current
edition, shall be followed. The arbitrator's decision shall be binding.
.6
Alternatively, the CONTRACTOR or the OWNER may commence an action at law with
respect to the dispute if it cannot be resolved by negotiation either with or without
mediation.
Neither negotiation with or without mediation, nor arbitration, shall be conditions
precedent to proceeding with an action at law.
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.7
If the dispute is not resolved promptly, the ENGINEER shall give instructions in writing to
the CONTRACTOR to do such work or to take such actions or refrain from taking such
actions as may be required to avoid delay, mitigate damage and continue the proper
performance of THE WORK pending resolution of the dispute. The CONTRACTOR
shall act promptly in accordance with such instructions and by so doing shall not
jeopardize any claim he may have with respect to the dispute.
11.
Delays
.1
If the CONTRACTOR is delayed in the performance of THE WORK by weather, labour
disputes, strikes or lock-outs of the CONTRACTOR'S forces, or delay by common
carriers, the CONTRACTOR shall not be compensated for any additional costs thereby
incurred, nor shall the completion dates be changed, because it is agreed that the
CONTRACTOR is more competent than the OWNER to assess the probability and
impact of these events. The CONTRACTOR'S forces in this context includes
SUBCONTRACTORS and Suppliers and Manufacturers supplying or providing
PRODUCTS or MATERIALS.
.2
If the CONTRACTOR is delayed in the performance of THE WORK by failure of the
OWNER to make decisions respecting THE WORK, late delivery of MATERIALS or
PRODUCTS furnished by the OWNER, or acts or omissions of the OWNER, or by
strikes or lock-outs of the OWNER'S forces, the CONTRACTOR shall be compensated
for any additional costs thereby incurred, and the completion date, subject to paragraph
11.5 shall be changed. The amount of the compensation and the extent of change in
completion date shall be determined in the first instance by the ENGINEER.
.3
If the CONTRACTOR is delayed in performance of THE WORK by a Suspension of THE
WORK Notice by the OWNER and if the period of suspension is thirty (30) calendar days
or less, the CONTRACT time shall be extended by the period of suspension plus six (6)
calendar days, subject to the condition of paragraph 11.5.
.4
If the CONTRACTOR is delayed in the performance of THE WORK by a Stop Work
Order issued by a court or other public authority, and provided that such Order was not
issued as a result of any act or fault of the CONTRACTOR, or of anyone employed by
him directly or indirectly, then the CONTRACTOR shall be entitled to claim
compensation for additional costs thereby incurred, and the completion date, subject to
paragraph 11.5, shall be changed. The amount of compensation and the extent of
change in completion date shall be determined in the first instance by the ENGINEER.
.5
If the Completion Date is changed in accordance with paragraphs 11.2, 11.3 or 11.4,
then, with respect to the new Completion Date, time is of the essence.
.6
The CONTRACTOR shall provide to the OWNER timely written notice of all delays for
which it is the CONTRACTOR'S intention to claim either an extension of completion time
or costs resulting from the delay or both.
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12.
Owner’s Right to Do Work
.1
If the CONTRACTOR should refuse or fail to supply adequate PRODUCT, MATERIAL,
PLANT or workmanship for the scheduled performance of THE WORK, or neglect to
prosecute THE WORK properly, or fail to perform any of the provisions of the
CONTRACT, then the OWNER may give written notice to the CONTRACTOR and his
Surety that the CONTRACTOR is in default of his contractual obligations, and instruct
him to correct the default within five (5) working days.
.2
If the correction of the default cannot be completed within the five (5) working days
specified, the CONTRACTOR shall be considered to be in compliance with the
OWNER'S instruction if he:
a)
Commences the correction of the default within the specified time; and
b)
Provides the OWNER with an acceptable schedule for such correction; and
c)
Completes the correction in accordance with such schedule.
.3
If the CONTRACTOR fails to comply with the provisions of General Conditions 12.1 and
12.2, the OWNER may, without prejudice to any other right or remedy he may have,
correct such default and may deduct the cost thereof from the payment then or
thereafter due the CONTRACTOR. The ENGINEER shall, in the first instance,
determine that both the corrective action and the amount subsequently charged to the
CONTRACTOR are reasonable.
13.
Owner’s Right to Terminate the Contract
.1
If the CONTRACTOR should:
a)
Be adjudged bankrupt, or make a general assignment for the benefit of creditors,
or if a receiver is appointed on account of his insolvency; or
b)
Fail to make sufficient payments due to his creditors for labour, PLANT,
PRODUCT and MATERIAL used or reasonably required for use on or in THE
WORK; or
c)
Disregard laws or ordinances, or the ENGINEER'S instructions; or
d)
Abandon THE WORK, or fail to adhere to THE WORK Schedule to such an
extent that there is danger of failing to meet Completion dates; or
e)
Otherwise violate the fundamental conditions of the Contract;
the OWNER shall, by written notice, instruct the CONTRACTOR to correct the default
within five (5) working days. If the default is not corrected within five (5) working days,
then the OWNER may, without prejudice to any other right or remedy he may have,
terminate the CONTRACTOR'S right to continue THE WORK or terminate the
CONTRACT.
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If the OWNER terminates the CONTRACTOR'S right to continue with THE WORK or
terminates the CONTRACT under the conditions set out above, and if the performance
Warranty is unconditional, the OWNER shall be entitled to:
a)
Take possession of the premises, PRODUCT, MATERIAL and PLANT and utilize
them to finish THE WORK by whatever method he may deem expedient but
without undue delay or expense; and
b)
Withhold any further payments to the CONTRACTOR until THE WORK is
finished; and
c)
Upon completion of THE WORK, determine the full cost of finishing THE WORK
as certified by the ENGINEER, including compensation to the ENGINEER for his
additional services and a reasonable allowance as determined by the
ENGINEER to cover the cost of any corrections required under the WARRANTY
PERIOD, and charge the CONTRACTOR the amount by which the full cost
exceeds the unpaid balance of the CONTRACT PRICE; or if such cost of
finishing THE WORK is less than the unpaid balance of the CONTRACT PRICE,
pay the CONTRACTOR the difference; and
d)
On expiry of the WARRANTY PERIOD, charge the CONTRACTOR the cost of
corrections required under the warranty.
The CONTRACTOR'S obligation under the CONTRACT as to the quality of that portion
of THE WORK and warranty of that portion of THE WORK performed by the
CONTRACTOR prior to termination of the CONTRACTOR'S right to continue with THE
WORK shall continue in force after the termination.
.3
If the CONTRACTOR has provided a Performance Bond, the OWNER shall have the
option of:
a)
Terminating the CONTRACTOR'S right to continue with THE WORK; or
b)
Terminating the CONTRACT; or
c)
Exercising the OWNER'S rights in accordance with conditions of the
Performance Bond.
14.
Suspension of the Work by the Owner
.1
The OWNER may suspend the execution of THE WORK by giving written notice to the
CONTRACTOR to that effect.
.2
The CONTRACTOR, upon receiving such written notice, shall immediately suspend all
operations except those necessary for the care and preservation of the portions of THE
WORK already executed, and the WORKSITE.
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.3
During the period of suspension, the CONTRACTOR shall not remove from the
WORKSITE any part of THE WORK or any MATERIAL, PRODUCT or PLANT without
the written approval of the OWNER.
.4
If the period of suspension is thirty (30) calendar days or less, the CONTRACTOR shall,
upon expiry of the suspension, resume the execution of THE WORK and he shall be
paid additionally all of his reasonable costs incurred because of the suspension. The
additional costs shall be claimed by the CONTRACTOR and shall be verified by a
determination of the ENGINEER in the first instance.
.5
After thirty (30) calendar days, of suspension of THE WORK the OWNER at its sole
option shall:
a)
Negotiate terms under which the CONTRACTOR shall continue with the
execution of THE WORK and the CONTRACTOR shall then resume operations
in accordance with the terms of that negotiation; or
b)
Deem the Notice of Suspension to be a Notice of Termination of the
CONTRACT. In the event of Termination, the CONTRACTOR shall be paid his
reasonable costs incurred due to the suspension. The additional costs shall be
claimed by the CONTRACTOR and verified in the first instance by a
determination of the ENGINEER. The CONTRACTOR shall not have a claim for
loss of profit on that portion of THE WORK not performed.
.6
After thirty (30) calendar days of suspension of THE WORK, the CONTRACTOR shall
be allowed to remove any or all of its PLANT from the WORKSITE without further
approval from the OWNER.
15.
Contractor’s Right to Stop Work or Terminate the Contract
.1
If the OWNER should be adjudged bankrupt, or makes a general assignment for the
benefit of creditors, or if a receiver is appointed on account of his insolvency, the
CONTRACTOR may, without prejudice to any other right or remedy he may have, by
giving the OWNER five (5) days written notice, terminate the CONTRACT.
.2
If THE WORK should be stopped or otherwise delayed for a period of thirty days or more
under an order of any court, or other public authority, and provided that such order was
not issued as the result of any act or fault of the CONTRACTOR or of anyone directly or
indirectly employed by him, the CONTRACTOR may, without prejudice to any other right
or remedy he may have, by giving the OWNER written notice, terminate the
CONTRACT.
.3
The CONTRACTOR may notify the OWNER in writing, with a copy to the ENGINEER,
that the OWNER is in default of his contractual obligations if:
a)
The ENGINEER fails to certify a Progress Payment Certificate in accordance
with these General Conditions; or,
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b)
The OWNER, subject to requirements of these General Conditions, fails to pay to
the CONTRACTOR when due, any amount certified by the ENGINEER, or
awarded by arbitrators; or,
c)
The OWNER fails to furnish, upon written request from the CONTRACTOR,
reasonable evidence of ability to fulfill the OWNER's financial obligation under
the CONTRACT.
Such written notice shall advise the OWNER that if such default is not corrected within
fifteen (15) calendar days from the receipt of the written notice the CONTRACTOR may,
without prejudice to any other right or remedy he may have, stop THE WORK and
terminate the Contract.
.4
If the CONTRACTOR terminates the Contract under the conditions set out above, he
shall be paid for all work performed and for any loss sustained upon MATERIAL,
PRODUCT and PLANT, with reasonable profit.
16.
Changes in the Work
.1
The OWNER may order changes in the work through additions, deletions, modifications
or variations without invalidating the CONTRACT. The value of such changes shall be
taken into account in ascertaining the final amount of the CONTRACT PRICE. All such
work shall be executed under the conditions of the CONTRACT. No extension of the
CONTRACT Completion Time shall be made on account of changes in the work unless
expressly provided for in the CHANGE ORDER.
.2
No changes in the work shall be made unless pursuant to a FIELD ORDER or a
CHANGE ORDER and no payment shall be made or credit given unless authorized by a
CHANGE ORDER.
.3
The authority of the ENGINEER to order payment without prior approval of the OWNER,
through a CHANGE ORDER is limited in any one instance to 10% of the Contingency
Allowance or Five Thousand Dollars ($5,000) whichever is the lesser, and cumulatively
to the amount of the Contingency Allowance. The CONTRACTOR shall not depend
upon the order of the ENGINEER for claiming payments for changes in the work carried
out in excess of those limits, without prior approval of the OWNER in each instance.
.4
The CONTRACTOR may, in writing, propose changes in the work, including the amount
of additional payment or credit entailed in the proposal. If the OWNER accepts the
CONTRACTOR'S proposal, the OWNER and the CONTRACTOR will authorize a
CHANGE ORDER to that effect.
.5
When the OWNER desires to make a change in the work it shall issue a NOTICE OF
CONTEMPLATED CHANGE (NCC) to the CONTRACTOR and the CONTRACTOR shall
return to the OWNER a QUOTATION FOR CONTEMPLATED CHANGE (QCC). If the
QUOTATION FOR CONTEMPLATED CHANGE is accepted the change in the work
shall be authorized by a CHANGE ORDER signed by the OWNER and the
CONTRACTOR.
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.6
If the CONTRACTOR claims that any instruction by drawings, or otherwise, involves a
change in THE WORK under this CONTRACT, he shall give the OWNER written notice
thereof immediately, and he shall then follow the OWNER'S instruction regarding doing
the work in question. No such claim shall be valid unless so made. If the
CONTRACTOR'S claim for a change in THE WORK is approved a CHANGE ORDER
shall be issued. The ENGINEER shall, in the first instance, determine the validity of the
CONTRACTOR'S claim.
.7
Any work outside the scope of the CONTRACT for which the CONTRACTOR might be
entitled to compensation, including any claim on the basis of quantum merit, shall be
considered a change in THE WORK. No claim by the CONTRACTOR for additional
payment on the basis of a change in THE WORK shall be valid and enforceable against
the OWNER unless it is made pursuant to the provisions of General Condition 16.1 to
16.6.
17.
Valuation of Changes in the Work
.1
The valuation of changes in THE WORK due to differences between actual measured
quantities at the time of construction and the approximate estimated quantities shown in
the TENDER shall be determined on the basis of the Unit Prices named in the TENDER.
No CHANGE ORDER is required.
.2
The valuation of changes in THE WORK due to deletion of work within the scope of the
CONTRACT or addition of work to the scope of the CONTRACT shall be determined by
Unit Prices named in the TENDER. A CHANGE ORDER is required.
.3
When there are changes in THE WORK which are not covered by Unit Prices named in
the TENDER, the valuation of such changes shall be determined by:
a)
An agreement on a Lump Sum in each instance between the OWNER and the
CONTRACTOR; or
b)
At the rates for the provision of labour and PLANT named in the Schedule of
Force Account Rates in the Supplementary TENDER Forms, plus the
CONTRACTOR'S cost plus 20% for MATERIAL and PRODUCT F.O.B. the job
site, as established by invoices; or
c)
On a CONTRACTOR'S cost basis as follows:
i)
Payroll Cost of Labour, defined as direct wages and salaries for the hours
worked, plus 20% to cover Workers' Compensation, Unemployment
Insurance, Holiday Pay, Paid Statutory Holidays and other valid payroll
burdens; plus
ii)
The CONTRACTOR'S cost of providing room and board for labour, if
room and board is normally provided by the CONTRACTOR on THE
WORK; plus
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iii)
The CONTRACTOR'S cost for MATERIAL and PRODUCT F.O.B. the job
site, less trade discounts, as established by invoices; plus
iv)
Twenty percent (20%) fee on the sum of items i), ii) and iii) to cover office
and general overhead, use of small tools and profit. Overhead includes
the cost of superintendence, foremen, timekeepers and other
administrative and supervisory personnel and their vehicles and other job
site costs, plus all office overhead costs; plus
v)
The cost of rental of PLANT for the hours worked, at locally-accepted
rates, or at provincial or territorial rates, for complete units including
operator, fuel, grease, maintenance and all such other costs as are
normal to an operating unit on the job site; plus
vi)
A 10% markup on item v) to the CONTRACTOR (but not to a
Subcontractor) provided that the CONTRACTOR does not own the
equipment; plus
vii)
Valid transportation costs for PLANT, specifically required for the change
in the work, with no markup.
The choice of valuation methods a), b) or c) shall be made by the OWNER in his
sole discretion.
.4
When the change in THE WORK is being done on a cost basis, that is, options b) or c),
the CONTRACTOR shall be paid for work performed by his Subcontractors on the basis
of a valuation in accordance with b) or c), depending upon which was selected by the
OWNER for the change in THE WORK. The CONTRACTOR shall be allowed a markup
of 10% on the SUBCONTRACTOR'S charges to cover the CONTRACTOR'S
coordination.
.5
When a change in THE WORK is being done on a cost basis, either option b) or c), the
CONTRACTOR shall submit to the ENGINEER or the OWNER on a daily basis an
accounting in triplicate for work done on the preceding calendar day. The accounting
shall include a listing of the hours of labour and PLANT and a listing of the MATERIAL
and PRODUCT used. The ENGINEER shall, each day, check the CONTRACTOR’S
accounting and, if it is numerically correct, he shall sign the three copies and return one
signed copy to the CONTRACTOR. Only those items which are eligible in accordance
with the CONTRACT shall be certified for payment by a CHANGE ORDER. The
ENGINEER's signature shall not constitute an approval for payment.
.6
If, on any day, the CONTRACTOR fails to submit an account of the change in THE
WORK being done on a cost basis, either option b) or c), the ENGINEER shall prepare
the accounting, and this accounting shall be used as the basis of payment for that
portion of the change in THE WORK, and no payment will be made for any other amount
subsequently claimed by the CONTRACTOR for that portion of the change in THE
WORK.
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18.
Payments
.1
At the end of each month during the performance of THE WORK, the CONTRACTOR
shall prepare a Progress Payment Claim for that portion of THE WORK done during that
month.
A holdback of 10% of the total value of that portion of THE WORK performed to the end
of that month, as shown on the Progress Payment Claim, shall be retained for various
purposes of the OWNER, including conformance with the lien enactment, along with any
other deductions from the Progress Payment Claim which may be warranted or may be
required in accordance with conditions of this CONTRACT.
.2
The Progress Payment Claim shall be certified by the ENGINEER on the PROGRESS
PAYMENT CERTIFICATE. Provided that the CONTRACTOR has submitted his
Progress Payment Claim by the end of the month, the PROGRESS PAYMENT
CERTIFICATE shall be submitted to the OWNER within seven (7) calendar days after
the end of the month during which that portion of THE WORK covered by the
PROGRESS PAYMENT CERTIFICATE was performed.
.3
Within 14 calendar days after receipt of the PROGRESS PAYMENT CERTIFICATE the
OWNER shall make payment to the CONTRACTOR in the amount certified on the
PROGRESS PAYMENT CERTIFICATE, provided there are no valid reasons for
withholding payment.
.4
The OWNER may withhold payment on any PROGRESS PAYMENT CERTIFICATE as
may be necessary or prudent to protect himself from loss on account of:
a)
Unsatisfactory progress by the CONTRACTOR;
b)
Defective work which is not remedied;
c)
Claims filed, or reasonable expectation that claims will be filed, against the
OWNER or the CONTRACTOR;
d)
The failure of the CONTRACTOR to make payments properly to
SUBCONTRACTORS or for MATERIAL, PRODUCT, PLANT and labour, or
otherwise;
e)
Damages caused by the CONTRACTOR to an OTHER CONTRACTOR;
f)
Any other evidence of loss or danger of loss by the OWNER, on account of the
CONTRACTOR'S operations.
When the grounds are removed, payment shall be made of accounts withheld because
of them.
.5
In the event that THE WORK has been nearly completed, but minor items remain
uncompleted and deficiencies have not all been rectified, the OWNER may withhold
payment on PROGRESS PAYMENT CERTIFICATES in amounts sufficient, in the
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estimation of the ENGINEER, to ensure that the CONTRACTOR will complete such
items and rectify such deficiencies in a timely manner. When the deficiencies have been
rectified, the deficiency holdback applied shall be released.
.6
The holdback in total shall be retained until FINAL PAYMENT is made and the holdback
shall be released after the FINAL PAYMENT is made.
.7
The holdback shall be released by the OWNER to the CONTRACTOR after the following
conditions have been met:
a)
The ENGINEER has issued a CONSTRUCTION COMPLETION CERTIFICATE.
b)
The CONTRACTOR has filed with the ENGINEER a certification from the
Workers' Compensation Board, stating that all assessments due to them from the
CONTRACTOR have been paid.
c)
The CONTRACTOR has filed with the ENGINEER a statutory declaration that:
With exception of holdbacks retained by the OWNER, all claims
for payment of MATERIAL, PRODUCT, PLANT and labour
incurred by the CONTRACTOR directly or indirectly on account of
THE WORK have been paid and no lien exists against the
premises in respect of anything done or furnished under this
CONTRACT; all claims and demands for payment in connection
with this CONTRACT have been submitted and approved, thus
establishing the final CONTRACT PRICE, and the amount of the
FINAL PAYMENT.
This statutory declaration shall be dated no sooner than five (5) days after expiry of the
latest Statutory Limitation Period for filing liens, applicable in the jurisdiction where THE
WORK has been performed.
.8
FINAL PAYMENT and holdback release do not constitute a waiver of the WARRANTY
PERIOD, nor shall they or attendant acts of the ENGINEER or the OWNER prejudice
their rights under any requirement of the CONTRACT, nor relieve the CONTRACTOR of
any of his responsibilities thereunder.
19.
.1
Upon receipt of Written Notice from the CONTRACTOR that THE WORK is complete,
that all deficiencies have been rectified, and all cleanup finished, the ENGINEER shall
make an inspection, and when he finds THE WORK complete under the CONTRACT,
he shall issue the CONSTRUCTION COMPLETION CERTIFICATE over his signature
and the date specified in this Certificate shall be the date of commencement of the
WARRANTY PERIOD.
.2
If, upon inspection, the ENGINEER determines that THE WORK is not completed, he
shall instruct the CONTRACTOR, and issue a list of work items to be done, of cleanup
items remaining, and of deficiencies to be rectified and when these have been done, he
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shall issue to the CONTRACTOR, the CONSTRUCTION COMPLETION CERTIFICATE,
and the date specified in this Certificate, shall be the date of commencement of the
WARRANTY PERIOD.
The issuance of the CONSTRUCTION COMPLETION
CERTIFICATE does not release the CONTRACTOR from his responsibilities under the
CONTRACT.
20.
Final Certificate
.1
Upon the expiration of the WARRANTY PERIOD, the successful conclusion of any tests
required by the CONTRACT and satisfactory performance under operating conditions
meeting THE WORK performance Warranty, the OWNER shall accept THE WORK and
a FINAL CERTIFICATE may be issued if required by the CONTRACTOR. It shall be the
responsibility of the CONTRACTOR to apply in writing to the ENGINEER for a FINAL
CERTIFICATE.
.2
The issuance of a FINAL CERTIFICATE shall not release the CONTRACTOR from
responsibility for any defects in his work, PRODUCT or MATERIAL for which the
CONTRACTOR may in future be found liable in a court of law or otherwise.
21.
Taxes and Duties
.1
The CONTRACTOR shall pay all government sales taxes, customs duties and excise
taxes and comply with laws, Acts, and regulations for collection and remittance of taxes
with respect to the CONTRACT.
.2
Where an exemption of government sales taxes, customs duties or excise taxes is
applicable to the CONTRACT by way of the CONTRACTOR filing claims for, or
cooperating fully with the OWNER and the proper authorities in seeking to obtain such
refunds, the procedure shall be established in a Supplementary General Condition.
.3
The Federal Goods and Services Tax (GST) or the Harmonized Sales Tax (HST) is
included in the TENDER PRICE and in the CONTRACT PRICE.
The CONTRACTOR shall show separately on each Progress Payment Claim the
amount of GST or HST required by the Act for the total amount of the Progress Payment
Claim before Holdback deduction. GST or HST on the net amount of payment after
Holdback deduction will be paid to the CONTRACTOR by the OWNER in addition to the
Net payment of each Progress Payment Claim.
GST or HST applicable to the Holdback will be paid to the CONTRACTOR upon release
of the Holdback. The CONTRACTOR shall remit the GST or HST in accordance with the
Act.
22.
Patent Fees
.1
The CONTRACTOR shall pay all royalties and patent license fees required for the
performance of the CONTRACT. He shall hold the OWNER harmless from and against
all claims, demands, losses, costs, damages, actions, suits or proceedings arising out of
the CONTRACTOR'S performance of the CONTRACT which are attributable to an
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infringement or an alleged infringement of any patent of invention, by the
CONTRACTOR, or anyone for whose acts it may be liable.
.2
In the event that the CONTRACTOR claims that, during the performance of THE WORK,
he has encountered a claim for a patent license fee, for use of a MATERIAL,
PRODUCT, process or method which was specified by the ENGINEER, and that he was
not previously aware that use of such MATERIAL, PRODUCT, process or method was
restricted under patent, or that a patent license fee was required, he shall immediately
notify the OWNER, in writing, setting out the details of such claim and evidence of his
previous lack of awareness of such license fee being required. The ENGINEER shall
immediately investigate the claim and if it is judged valid, and the MATERIAL,
PRODUCT, process or method is used, the OWNER shall pay the patent license fee.
23.
Laws, Regulations, Surveys and Permits
.1
The Laws and Regulations of the place where THE WORK is performed shall govern.
.2
The OWNER shall provide all legal surveys except legal surveys required to replace
survey pins destroyed or damaged by the CONTRACTOR.
.3
The CONTRACTOR shall obtain all Permits, Licenses and Certificates, and pay all fees
required for the performance of THE WORK.
.4
The OWNER shall obtain all easements and rights-of-way, and the CONTRACTOR shall
have free use thereof for the purposes of this CONTRACT, provided that such use shall
not interfere with or impede the operation of any OTHER CONTRACTORS or workmen
employed by the OWNER, nor be in conflict with conditions of easement agreement or
right-of-way limits. The CONTRACTOR shall indemnify and defend the OWNER against
any claims, demands, or losses due to failure to meet all conditions of an easement
agreement.
.5
The CONTRACTOR shall give all required notices, and comply with all laws, ordinances,
regulations, codes and orders of all authorities having jurisdiction relating to THE
WORK, to preservation of public health, and to construction safety.
If the
CONTRACTOR observes anything in the CONTRACT DOCUMENTS to be at variance
with the foregoing, he shall promptly notify the ENGINEER in writing, and shall await the
ENGINEER'S instructions. If the CONTRACTOR performs any work, knowing it to be
contrary to such laws, ordinances, regulations, codes or orders, and without giving
notice to and requesting instructions from the ENGINEER, he shall bear all costs arising
therefrom.
.6
The CONTRACTOR shall make all arrangements with local authorities, operating
departments, railway and highway officials, utility and service companies and the like, for
detours, crossings, traffic control and similar requirements relating to performance of
THE WORK, and he shall at his own cost observe their requirements and regulations.
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24.
Compliance with Occupational Health and Safety Enactments
.1
The CONTRACTOR shall be primarily responsible for ensuring compliance with the
applicable Occupational Health and Safety enactment and Regulations thereunder on
the WORKSITE.
.2
In any case where, pursuant to the provisions of the applicable Occupational Health and
Safety Act or its Regulations, an order is given to the CONTRACTOR or to one of his
SUBCONTRACTORS with respect to their operations under this CONTRACT to cease
operations for any reason (for examples, because of failure to install or adopt safety
devices or appliances or methods as directed or required by the Act or Regulations
thereunder, or because conditions of immediate danger exist that would be likely to
result in injury to any person), the CONTRACTOR shall immediately obey such order
and shall immediately take whatever steps are necessary to eliminate the cause of the
order.
.3
In the event that the ENGINEER discovers a dangerous condition which in the
ENGINEER’s opinion is likely to result in injury to any person, and there is no one in
authority from the CONTRACTOR available or capable of removing the danger resultant
from the CONTRACTOR'S operations, and no Officer of the Crown is available to take
charge, then the ENGINEER may:
a) issue a Field Order to the CONTRACTOR’s workers to vacate the area of danger;
b) issue a Field Order to the CONTRACTOR requiring the immediate correction of the
dangerous condition; and
c) notify the appropriate Officer(s) under the applicable Occupational Health and Safety
Act,
and no such action by the ENGINEER shall in any way remove the responsibility for the
matter from the CONTRACTOR, and the CONTRACTOR shall bear all related costs
without recourse.
.4
In the event that the ENGINEER discovers a dangerous condition which in the
ENGINEER’s opinion is likely to result in damage to any property, and there is no one in
authority from the CONTRACTOR available or capable of removing the danger resultant
from the CONTRACTOR'S operations, and no Officer of the Crown is available to take
charge, then the ENGINEER may issue Written Notice to the CONTRACTOR and may
immediately arrange for the removal of this danger and the CONTRACTOR shall be
liable for the costs of such arrangements, but such act by the ENGINEER shall not
relieve the CONTRACTOR of responsibility for injury, loss of life, or damage which may
occur in that situation. The ENGINEER may also invoke Section 27.5 of this
Specification.
.5
In the event that the CONTRACTOR refuses or fails to comply with an order under the
Act or Regulations thereunder, so that the performance of THE WORK is stopped, the
OWNER may, upon written notice, terminate the CONTRACT and proceed in
accordance with General Conditions 13.2.
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.6
No action or lack of action by the ENGINEER or the OWNER under any of the provisions
of this Section shall relieve the CONTRACTOR of his responsibilities under 24.1 above.
25.
Liability Insurance
.1
Comprehensive General Liability Insurance
a)
The CONTRACTOR shall provide and maintain, either by way of a separate
policy or by an endorsement to its existing policy, Comprehensive General
Liability Insurance in a form and with an insurer acceptable to the OWNER and
subject to limits of not less than five million dollars ($5,000,000) inclusive per
occurrence for bodily injury, death, and damage to property including loss of use
thereof.
b)
The insurance shall be in the joint names of the CONTRACTOR, the OWNER
and the ENGINEER, and shall also cover as Unnamed Insureds all
SUBCONTRACTORS and anyone employed directly or indirectly by the
CONTRACTOR or his SUBCONTRACTORS to perform a part or parts of THE
WORK and including suppliers while on the WORKSITE to deliver MATERIAL or
PRODUCT.
c)
The insurance shall also include as Unnamed Insureds the consultants of the
OWNER and of the ENGINEER, on THE WORK.
d)
The Comprehensive General Liability Insurance shall include coverage for:
1)
2)
3)
4)
5)
6)
7)
8)
9)
e)
premises and operations liability
products or completed operations liability
blanket contractual liability
cross liability
elevator and hoist liability, as applicable
contingent employer's liability
personal injury liability arising of false arrest, detention or imprisonment or
malicious prosecution, libel, slander or defamation of character; invasion
of privacy, wrongful eviction or wrongful entry.
shoring, blasting, excavating, underpinning, demolition, pile driving and
caisson work, work below ground surface, tunnelling and grading, as
applicable.
liability with respect to non-owned licensed vehicles.
Comprehensive General Liability Insurance shall remain in effect continuously
until the Construction Completion Certificate has been issued and then a
Completed Operation Extension for 24 months shall be provided by the
CONTRACTOR.
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Automobile Liability Insurance
a)
The CONTRACTOR shall provide and maintain liability insurance in respect of
owned, non-owned and leased or rented licensed vehicles, aircraft or water craft,
subject to limits of not less than three million dollars ($3,000,000) inclusive.
b)
Automobile liability insurance shall be maintained continuously until the end of
the WARRANTY PERIOD.
.3
The CONTRACTOR shall provide the OWNER with three certified copies of the
Certificate of Insurance prior to the commencement of THE WORK and shall promptly
provide the OWNER with a certified true copy of each insurance policy if requested.
.4
All liability insurance policies shall contain an endorsement to provide all Named
Insureds with prior notice of material changes and cancellations. Such endorsement
shall be in the following form:
"It is understood and agreed that the coverage provided by this policy will not be
changed or amended materially nor cancelled until 30 days after written notice of such
change or cancellation shall have been given to all Named Insureds."
26.
Property Insurance (Course of Construction Insurance)
.1
The CONTRACTOR shall provide and maintain property (course of construction)
insurance in a form and by an insurer acceptable to the OWNER, insuring the full value
of THE WORK in the amount of the CONTRACT PRICE. The policies shall include as
named insureds the CONTRACTOR, the OWNER, and the ENGINEER. The policies
shall also include as unnamed insureds all SUBCONTRACTORS and the OWNER'S
and the ENGINEER'S consultants on THE WORK.
.2
Such coverage shall be provided for by a standard All Risks Builders' Risk Policy,
including flood and earthquake and with only the following exclusions:
a)
b)
c)
d)
e)
f)
g)
Any loss of use or occupancy howsoever caused;
Penalties for non-completion of or delay in completion of contract or
non-compliance with contract conditions;
Cost of making good faulty or defective workmanship, material, construction or
design, but this exclusion shall not apply to damage resulting from such faulty or
defective workmanship, material, construction or design;
Wear and tear, normal upkeep, inherent vice, latent defect, vermin or normal
making good, but this exclusion shall not apply to damage resulting from wear
and tear, normal upkeep, inherent vice, latent defect, vermin or normal making
good;
Loss or damage caused by war, invasion, act of foreign enemy, hostilities
(whether war be declared or not), civil war, rebellion, revolution, insurrection or
military power;
Loss or damage caused by contamination by radioactive materials;
Loss or damage caused by frost or freezing caused by natural forces unless
resulting from a peril insured hereunder;
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h)
i)
j)
General Conditions
Section 00700
Page 25
Mysterious disappearance of property (except property in the custody of carriers
or bailees for hire) or shortage disclosed by taking inventory;
Mechanical breakdown, but this exclusion shall not be deemed to exclude loss or
damage arising as a consequence of mechanical breakdown;
Infidelity of the Insured's employees.
.3
The policies shall insure against all risks of direct loss or damage, and damage or loss
due to delayed start-up, or due to delay in beneficial use in the amount of $100,000.
.4
Property Insurance shall cover:
a)
b)
c)
All PRODUCT, MATERIAL, labour and supplies of any nature whatsoever, the
property of the Insureds or of others for which the Insureds may have assumed
responsibility, to be used in or pertaining to the site preparations, demolition of
existing structures, erection and/or fabrication and/or reconstruction and/or repair
of THE WORK while on the site or in transit;
The installation, testing and any subsequent use of machinery and equipment
including boilers, pressure vessels or vessels under vacuum related to THE
WORK;
Damage to THE WORK caused by an accident to and/or the explosion of any
boiler(s) or pressure vessel(s) forming part of THE WORK.
Such coverage shall exclude construction machinery, equipment, temporary structural
and other temporary facilities, tools and supplies used in the construction of THE
WORK.
.5
The CONTRACTOR shall provide the OWNER with three certified copies of the
Certificate of Insurance to be incorporated, as Document 00650, into the signed copies
of the CONTRACT DOCUMENT prior to commencement of THE WORK and shall
promptly provide the OWNER with a certified true copy of each insurance policy if
requested.
Policies provided shall contain an endorsement to provide all Named Insureds with prior
notice of changes and cancellations. Such endorsement shall be in the following form:
"It is understood and agreed that the coverage provided by this policy will not be
changed or amended in any way nor cancelled until 30 days after written notice of such
change or cancellation shall have been given to all Named Insureds."
.6
All such insurance shall be maintained continuously until ten (10) days after the date of
the Construction Completion Certificate. All such insurance shall provide for the
OWNER to take occupancy of THE WORK or any part thereof during the term of this
insurance. Any increase in the cost of this insurance arising out of such occupancy shall
be at the OWNER'S expense.
.7
The policies shall provide that, in the event of a loss, payment for damage to THE
WORK shall be made to the OWNER and the CONTRACTOR as their respective
interests may appear. The CONTRACTOR shall act on behalf of the OWNER and
himself for the purpose of adjusting the amount of such loss with the Insurers. On the
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determination of the extent of the loss, the CONTRACTOR shall immediately proceed to
restore THE WORK and shall be entitled to receive from the OWNER (in addition to any
sum due under the CONTRACT) the amount at which the OWNER'S interest in the
restoration THE WORK has been appraised, such amount to be paid as the restoration
proceeds and in accordance with the ENGINEER'S certificates for payment. Damage
shall not affect the rights and obligations of either party under the CONTRACT except
that the CONTRACTOR shall be entitled to such reasonable extension of time for
Completion of THE WORK as the ENGINEER may determine in the first instance and
subject to General Condition 11.5.
.8
The CONTRACTOR and SUBCONTRACTORS as may be applicable shall be
responsible for any deductible amounts under the policies and for providing such
additional insurance as may be required to protect them against loss on items excluded
from the policies.
27.
Protection of Work and Property
.1
The CONTRACTOR shall continuously maintain adequate protection of all of THE
WORK from damage, and protect the OWNER'S property from damage or loss arising in
connection with this CONTRACT. He shall make good any such damage or loss.
.2
The CONTRACTOR shall provide and maintain all passageways, guard fences, lights
and other facilities for protection required by public authority or local conditions, or laws
and regulations.
.3
The CONTRACTOR shall also protect all of the property outside of THE WORK from
damage as a result of his operations. Any such damage shall be corrected by the
CONTRACTOR at his expense.
.4
In an emergency affecting the safety of life, or of THE WORK, or adjoining property, the
CONTRACTOR, without special instruction or authorization from the ENGINEER, shall
act at his discretion to prevent such threatened loss or injury. Liability for payment for
such action and the amount thereof shall be determined in the first instance by the
ENGINEER.
.5
If the ENGINEER becomes aware of an emergency affecting the safety of life, or of THE
WORK, or of adjoining property, and the CONTRACTOR, having been advised in writing
of the emergency, fails or refuses to act to prevent such threatened loss, injury or
damage, or if the ENGINEER is unable to advise the CONTRACTOR, the ENGINEER
may order labour, material, and PLANT to be applied to prevent loss, injury or damage.
The cost of labour, materials and equipment so used shall be the responsibility of the
CONTRACTOR, and such action by the ENGINEER shall not relieve the
CONTRACTOR of any responsibility for loss, injury, or damage which does occur.
28.
Warranty Period
.1
The WARRANTY PERIOD shall begin on the date specified in the CONSTRUCTION
COMPLETION CERTIFICATE.
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.2
The duration of the WARRANTY PERIOD shall be a minimum of one year.
.3
The CONTRACTOR shall correct, at his own expense, any defects in THE WORK due
to faulty products or workmanship appearing within the WARRANTY PERIOD.
.4
The CONTRACTOR shall correct or pay for any damage to THE WORK or other
property resulting from such defects or their correction.
.5
The OWNER shall notify the CONTRACTOR promptly of such defects. If the
CONTRACTOR does not cause repairs to be made within ten (10) days after such
notice, the OWNER shall have the right to purchase MATERIAL and employ men to
execute said repairs, and the cost of the same shall be the responsibility of the
CONTRACTOR or his Surety.
.6
Where repairs must be made immediately by reason of an emergency existing or
otherwise, the OWNER shall have the right to undertake such repairs and charge the
cost to the CONTRACTOR, except that the OWNER shall immediately notify the
CONTRACTOR and shall withdraw from the work of repair if and as soon as the
CONTRACTOR'S forces are ready to start work.
.7
The CONTRACTOR shall be responsible for all costs attributable to defective work,
PRODUCT or MATERIAL, including the cost of engineering required for investigation of
any repair of defects in THE WORK.
.8
At least one month prior to expiry of the WARRANTY PERIOD, the OWNER shall notify
the CONTRACTOR in writing of any final tests which the CONTRACTOR may be
required to carry out under the CONTRACT. The CONTRACTOR shall arrange to have
such tests carried out promptly, and to provide opportunity for the OWNER to inspect or
supervise such tests.
.9
At least one month prior to expiry of the WARRANTY PERIOD, the OWNER shall advise
the CONTRACTOR of defects which the CONTRACTOR is required to remedy under
the CONTRACT, and the CONTRACTOR shall promptly remedy such defects. The
WARRANTY PERIOD shall not expire until all such defects are remedied.
29.
Inspection of the Work
.1
The ENGINEER and his representatives shall at all times have access to THE WORK
whenever it is in preparation or progress and the CONTRACTOR shall provide proper
facilities for such access and for inspection. The ENGINEER shall have authority to
reject work which does not conform to the requirements of the CONTRACT.
.2
If the specifications, the ENGINEER'S instructions, laws, ordinances, or any public
authority require any part of THE WORK to be specially tested or approved, the
CONTRACTOR shall give the ENGINEER timely notice of his readiness for inspection,
and if the inspection is by an authority other than the ENGINEER, of the date fixed for
such inspection.
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.3
Inspections by the ENGINEER shall be made promptly. If any part of THE WORK
should be covered up without approval or consent of the ENGINEER, it must, if required
by the ENGINEER, be uncovered for examination at the CONTRACTOR'S expense.
.4
Re-examination of questioned parts of THE WORK may be ordered by the ENGINEER
and if so ordered those parts of THE WORK shall be uncovered by the CONTRACTOR.
If such parts of THE WORK are found not in accordance with the CONTRACT
DOCUMENTS through the fault of the CONTRACTOR, the CONTRACTOR shall pay the
cost of examination and replacement of THE WORK. If such parts of THE WORK are
found in accordance with the CONTRACT DOCUMENTS, the OWNER shall pay these
costs.
.5
MATERIAL and PRODUCT to be used in THE WORK are subject to inspection and
approval of the ENGINEER at his discretion. MATERIAL and PRODUCT condemned as
being unsuitable and not in conformity with the specifications, shall be removed from
THE WORK and its vicinity without delay, and if the CONTRACTOR fails to do so within
forty-eight (48) hours after having been so directed by the ENGINEER, the rejected
MATERIAL and PRODUCT may be destroyed or removed by the OWNER and the cost
shall be charged to the CONTRACTOR.
.6
The ENGINEER shall inspect THE WORK in the OWNER'S interest for the purpose of
promoting effective completion of THE WORK until the CONSTRUCTION
COMPLETION CERTIFICATE is issued, and such inspection or lack of it shall not
relieve the CONTRACTOR of his responsibility to perform THE WORK in accordance
with the CONTRACT.
30.
Rejected Work
.1
Defective Work which has been rejected by the ENGINEER as failing to conform to the
intent of design as expressed in the CONTRACT DOCUMENTS whether the result of
poor workmanship, use of defective MATERIAL or PRODUCT, or damage through
carelessness or other act or omission of the CONTRACTOR, and whether incorporated
in THE WORK or not, shall be removed promptly from the premises by the
CONTRACTOR and replaced or re-executed promptly at the CONTRACTOR'S expense.
Work that has not been rejected specifically by the ENGINEER shall not therefore be
deemed accepted or approved by the Engineer.
.2
OTHER CONTRACTORS' work destroyed or damaged by such removals or
replacements shall be made good promptly at the CONTRACTOR'S expense.
.3
If in the opinion of the ENGINEER it is not expedient to correct defective Work or Work
not done in accordance with the intent of design as expressed in the CONTRACT
DOCUMENTS, the OWNER may deduct from the CONTRACT PRICE the difference in
value between THE WORK as done and that called for by the CONTRACT. The
difference shall be determined in the first instance by the ENGINEER.
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31.
Labour
.1
The CONTRACTOR shall employ Canadian Labour to the fullest practical extent and
shall ensure that no person will be discriminated against because of race, colour,
gender, age, religion, or origin.
.2
Wages and hours of labour shall be in compliance with Federal, Provincial or Territorial
enactment, whichever governs.
.3
The CONTRACTOR shall at all times enforce discipline and good order among his
employees, and shall not employ on THE WORK any unfit person or anyone not skilled
to do THE WORK assigned to him. Any person employed on THE WORK who becomes
intoxicated, intemperate, disorderly, incompetent or willfully negligent, shall be removed
from THE WORK.
32.
Material and Product Supplied by the Contractor
.1
The CONTRACTOR shall use MATERIAL and PRODUCT of Canadian manufacture to
the fullest extent practicable.
.2
Unless otherwise specified, all MATERIAL and PRODUCT shall be new and of good
quality. The CONTRACTOR shall furnish satisfactory evidence as to the kind and
quality of MATERIAL and PRODUCT. The CONTRACTOR shall be responsible for
replacement at his own cost of all MATERIAL and PRODUCT that are found to be
defective in manufacture or that have become damaged in handling.
.3
The CONTRACTOR shall be responsible for the safe storage of MATERIAL and
PRODUCT furnished by or to him, and accepted by him, and intended for THE WORK,
until it has been incorporated into THE WORK.
.4
Where, in the specifications or on the drawings, any MATERIAL, PRODUCT or method
is specified, the CONTRACTOR may not use another MATERIAL, PRODUCT,
equipment or method unless the ENGINEER has issued to the CONTRACTOR a written
authorization for the use. The CONTRACTOR shall submit in writing an application for
review to the ENGINEER. All submissions shall be accompanied by sufficient data
including the following:
a)
b)
c)
d)
e)
Delivery
Manufacture
Technical Data and Specifications in accordance with the International System of
Units (S.I.) - metric units
Specified MATERIAL, PRODUCT or method for which the alternative is
submitted
Prices in relation to the MATERIAL; method or PRODUCT specified originally.
Where required by the ENGINEER, samples shall be submitted.
.5
Whenever alternatives of MATERIAL, PRODUCT or methods are accepted for THE
WORK, whether as a result of an alternative Proposal by the CONTRACTOR or an
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equivalent alternative submitted by the CONTRACTOR, the CONTRACTOR shall
guarantee that the performance of the alternative MATERIAL, PRODUCT, or method
shall be equivalent to what was originally specified.
.6
Whenever alternatives of MATERIAL, PRODUCT or methods are accepted for use on
THE WORK, whether as a result of an alternative proposal by the CONTRACTOR or an
equivalent alternative submitted by the CONTRACTOR, the CONTRACTOR shall be
responsible for making all consequent adjustments, at his own expense, to make the
alternative fit into THE WORK as specified.
33.
Material and Product Supplied by the Owner
.1
The OWNER undertakes to supply only such MATERIAL or PRODUCT as are
specifically shown in the CONTRACT DOCUMENTS as being provided by the OWNER.
.2
It shall be the responsibility of the CONTRACTOR to arrange for and schedule delivery
and storage of MATERIAL and PRODUCT supplied by the OWNER.
.3
The CONTRACTOR'S responsibility for MATERIAL and PRODUCT furnished by the
OWNER shall begin at the time and place of delivery thereof to the CONTRACTOR.
MATERIAL and PRODUCT already on the site shall become the CONTRACTOR'S
responsibility on the date specified in the Notice to Proceed. The CONTRACTOR shall
be responsible for unloading all OWNER-supplied MATERIAL and PRODUCT and the
CONTRACTOR and the ENGINEER shall jointly examine them at the time and place of
delivery to the CONTRACTOR, and shall prepare a statement of acceptance, specifically
noting any defects and rejecting any defective MATERIAL or PRODUCT. The
CONTRACTOR shall sign a Statement of Acceptance of MATERIAL and PRODUCT
when accepting them into his charge. Any MATERIAL and PRODUCT furnished by the
OWNER and installed by the CONTRACTOR shall, if found defective, be replaced by
the CONTRACTOR. The CONTRACTOR, shall, at his own expense, furnish supplies,
labour and facilities necessary to remove the defective MATERIAL and PRODUCT and
install the sound MATERIAL and PRODUCT in a satisfactory manner.
34.
Storage Facilities and Use of Premises
.1
The CONTRACTOR may use such facilities and areas as the OWNER may be willing
and able to designate for the storage of MATERIAL and PRODUCT for THE WORK,
without charge to the CONTRACTOR.
.2
Should the CONTRACTOR require additional facilities or areas he shall make all the
necessary arrangements with the owners or occupants of such other facilities or areas
and shall pay all rentals and all damages caused by such occupancy.
.3
The CONTRACTOR shall confine his apparatus, the storage of MATERIAL and
PRODUCT and the operations of his workmen to limits indicated by law, ordinances,
permits or directions of the ENGINEER and shall not unreasonably encumber the
premises with his MATERIAL, PRODUCT or PLANT.
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.4
The CONTRACTOR shall enforce all regulations and rules for the WORKSITE regarding
signs, advertisements, fires, smoking, and storage of inflammable MATERIAL or
PRODUCT, and disposal of wastes.
.5
The CONTRACTOR shall not load or permit any part of THE WORK or of the OWNER'S
structures to be loaded in any way that will endanger their safety.
35.
Use of Completed Portions of the Work
.1
The OWNER shall have the right to take possession of and use any completed or
partially completed portions of THE WORK, notwithstanding that the time for completing
THE WORK or such portions of THE WORK may not have expired; but such taking
possession of and use shall not be deemed an acceptance of THE WORK.
.2
If such prior use increases the cost of THE WORK, the CONTRACTOR shall be entitled
to such compensation as the ENGINEER in the first instance may determine.
.3
If a planned taking possession of and use of portions of THE WORK has been stipulated
in the CONTRACT DOCUMENTS, then the CONTRACTOR shall have no claim for extra
compensation on that account.
36.
Cleanup and Final Cleaning of the Work
.1
The CONTRACTOR shall maintain THE WORK in a tidy condition, free from
accumulation of waste products and debris caused by his own operations.
.2
When THE WORK is fully completed, the CONTRACTOR shall remove all surplus
MATERIAL and PRODUCT, tools and PLANT. He shall also remove any waste
products and debris, other than those caused by the OWNER, OTHER CONTRACTORS
or their employees. He shall generally leave the WORKSITE in a neat and orderly
condition.
37.
Remedies
.1
The specific remedies to which the CONTRACTOR and the OWNER may resort under
the terms of the CONTRACT DOCUMENTS are cumulative and are not intended to be
exclusive of any other remedies to which the CONTRACTOR and the OWNER may be
lawfully entitled in a case of breach or threatened breach of any covenant, term or
provision of the CONTRACT.
.2
The waiver by the OWNER or ENGINEER of any breach of any covenant or warrant in
the CONTRACT shall not be construed as a waiver of any future breach of the same
terms of the Contract, and the approval by the OWNER or ENGINEER of any act by the
CONTRACTOR or SUBCONTRACTOR shall not be construed as an approval to any
subsequent similar acts by the CONTRACTOR or SUBCONTRACTOR.
END OF DOCUMENT 00700
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1.
2.
Project Meetings
Section 01200
Page 1
Preconstruction Meeting
.1
Preconstruction meetings will be arranged by the ENGINEER after the
acceptance of the TENDER.
.2
Meetings will be held at the ENGINEER's Office or at an alternate location at or
near the WORKSITE.
.3
The Agenda for the Preconstruction Meeting shall include, but is not limited to,
the following:
a)
Confirm the SUPERINTENDENT,
MANAGER, and the ENGINEER’s
WORKSITE.
CONTRACTOR’s PROJECT
resident personnel on the
b)
Establish WORKSITE protocols for communication, reporting, inspection,
etc.
c)
Clear up any ambiguities or questions of interpretation known at that
time.
d)
CONTRACTOR shall present a detailed Work Schedule.
e)
Occupational health and safety relationships and responsibilities.
f)
Review of CONTRACTOR’s safety plan and policies.
g)
Discuss site specific safety issues.
h)
Discuss traffic accommodation.
i)
Discuss other responsibilities of the OWNER, the CONTRACTOR, and
the ENGINEER. Review General Conditions 5 to 11, inclusive.
Progress Meetings
.1
Progress meetings will be held on a regular biweekly basis or more frequently if
requested by the ENGINEER.
.2
Accommodation for progress meetings shall be provided by the CONTRACTOR
at or near the WORKSITE.
.3
The ENGINEER will give to all parties advance notice of meeting dates, times
and locations.
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.4
The CONTRACTOR shall have in attendance the SUPERINTENDENT, the
CONTRACTOR’s
Project
Manager
and
representatives
of
the
SUBCONTRACTORS if requested by the ENGINEER.
.5
The ENGINEER will have the ENGINEER’s Project Manager or the Resident
Engineer, or both, in attendance.
.6
The OWNER may have a representative in attendance.
.7
Occupational health and safety incidents, records and procedures shall be part
of the agenda for every progress meeting.
.8
The CONTRACTOR shall prepare an updated Construction Schedule, outlining
actual progress of THE WORK for review at each project meeting.
.9
Minutes will be taken by the ENGINEER and copies will be distributed to all
attendees.
END OF SECTION 01200
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1.
2.
Section 01300
Page 1
General
.1
Submittals are required in accordance with the provisions of this Section, to
determine whether the specified MATERIAL and PRODUCT are furnished and
installed in accordance with design intent as expressed in the CONTRACT
DOCUMENTS.
.2
Individual submittals as required are detailed in other sections of the
Specifications.
.3
Until submissions are reviewed, work involving relevant PRODUCT or
MATERIAL may not proceed.
.4
Where the phrase "or approved equivalent alternative" occurs in the CONTRACT
DOCUMENTS, do not assume that MATERIAL, PRODUCT, or methods will be
accepted as equal by the ENGINEER unless the item has been specifically
accepted for THE WORK by the ENGINEER in writing.
.5
All vault submittals must be stamped by an ENGINEER licensed to practice
Alberta.
Identification of Submittals
.1
3.
Submittals
Identify each submittal and resubmittal by showing at least the following
information:
a)
Name, address and telephone number of the submitter, and a name of
an individual for contact.
b)
Drawing number and specification number to which the submittal applies.
c)
Whether an original submittal or resubmittal.
d)
Confirmation of prior review by the CONTRACTOR.
e)
Date of submittal or resubmittal.
f)
Authorized signature of the submitter.
Coordination of Submittals
.1
Prior to submittal for the ENGINEER's review, coordinate all material:
a)
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with Specifications, including MATERIAL, catalogue numbers, type
numbers and similar data.
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4.
Submittals
Section 01300
Page 2
b)
Coordinate requirements between trades.
c)
Coordinate with requirements under laws, regulations, etc.
d)
Secure required approvals of public agencies, inspection agencies, and
standards agencies and show proof of approvals acquisition.
e)
Indicate any deviations from the intent of design as expressed in the
CONTRACT DOCUMENTS and request specific review of these
deviations.
Timing of Submittals
.1
Make submittals far enough in advance to allow adequate time for coordination,
ENGINEER's review, revisions and resubmittals, and for supply and delivery in
time for the scheduled installation in THE WORK.
.2
Allow at least ten calendar days for the ENGINEER'S review after receipt of
submittals. The ENGINEER will make every effort to review submittals in a
timely and expedient manner.
.3
Costs due to delays in making submittals shall be borne solely by the
CONTRACTOR.
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1.
Construction Schedules
Section 01310
Page 1
Construction Schedule
.1
Upon award of the CONTRACT and prior to commencement of THE WORK, the
CONTRACTOR shall submit, for approval to the ENGINEER, a construction
schedule in critical path method format showing all the principal phases of THE
WORK. No progress payment claim shall be certified until an acceptable
construction schedule has been received by the ENGINEER.
.2
The Construction Schedule shall be updated biweekly against actual progress of
THE WORK by the CONTRACTOR, and shall be reviewed with the ENGINEER
at all progress meetings.
.3
If, in the opinion of the ENGINEER, any construction schedule is inadequate as
a control tool or if it does not show THE WORK being fully completed by the
CONTRACT Completion Date, the ENGINEER may reject it and the
CONTRACTOR shall provide a construction schedule and work program that is
acceptable to the ENGINEER.
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1.
Shop Drawings
Section 01340
Page 1
Requirements for Shop Drawings and Product Data
.1
The CONTRACTOR shall arrange for the preparation of clearly identified shop
drawings and submit shop drawings in one of the following forms:
a)
One copy of a reproducible transparency to be returned to the
CONTRACTOR plus two prints to be retained by the ENGINEER, or
b)
Two prints to be retained by the ENGINEER plus the number of copies
required by the CONTRACTOR, or
c)
Digitally submitted in a portable document file format (ie. .pdf).
The CONTRACTOR shall provide clearly identified product data and submit two
prints to be retained by the ENGINEER plus the number of copies required by
the CONTRACTOR.
Product Data shall include but not be limited to:
i)
Product assembly drawings;
ii)
Materials list;
iii)
Principal dimensions;
iv)
Parts and components details;
v)
Letters of compliance with recognized standards where required;
vi)
Operation data;
vii)
Operation curves;
viii)
Operation manuals where specified; and
ix)
Product Name and Model Number.
.2
Shop drawings shall be accurately drawn to a scale sufficiently large to show all
pertinent features of the item, and its method of connection to THE WORK and
shall have sufficient space for the CONTRACTOR's stamp and the ENGINEER's
stamp.
.3
Shop drawings shall be in accordance with the International System of Units
(S.I.) metric units.
.4
Prior to submission to the ENGINEER, the CONTRACTOR shall review all shop
drawings. By this review, the CONTRACTOR represents that he has determined
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Page 2
Shop Drawings
and verified all field measurements, field construction criteria, materials,
catalogue numbers and similar data or will do so, and that they have checked
and coordinated each shop drawing with the requirements of THE WORK and of
the CONTRACT DOCUMENTS. The CONTRACTOR's review of each shop
drawing shall be indicated by stamp, with the date and signature of a responsible
person.
.5
All vault shop drawings must be stamped and signed by a PROFESSIONAL
ENGINEER, registered in Alberta.
.6
The CONTRACTOR shall submit shop drawings to the ENGINEER for his review
with reasonable promptness and in orderly sequence so as to cause no delay in
THE WORK or in the work of OTHER CONTRACTORS. If either the
CONTRACTOR or the ENGINEER so requests they shall jointly prepare a
schedule fixing the dates for submission and return of shop drawings.
.7
At the time of submission the CONTRACTOR shall notify the ENGINEER in
writing of any deviations in the shop drawings from the requirements of the
CONTRACT DOCUMENTS.
.8
The ENGINEER will review and return shop drawings in accordance with a
schedule agreed upon, or otherwise with reasonable promptness.
The
ENGINEER's review shall be for conformity to the design concept and for
general arrangement only and such review shall not relieve the CONTRACTOR
of responsibility for errors or omissions in the shop drawings or of responsibility
for meeting all requirements of the CONTRACT DOCUMENTS. A specific
deviation on the shop drawings from the design concept requested by the
CONTRACTOR may be approved or rejected in writing by the ENGINEER.
.9
The CONTRACTOR shall make any changes in shop drawings which the
ENGINEER may require consistent with the CONTRACT DOCUMENTS and
resubmit unless otherwise directed by the ENGINEER. When resubmitting, the
CONTRACTOR shall notify the ENGINEER in writing of any revisions made by
the CONTRACTOR other than those requested by the ENGINEER, in his
previous review.
.10
Each reviewed shop drawing will be stamped by the ENGINEER with the
following form of stamp:
REVIEWED
REVIEWED AS MODIFIED
REVISE AND RESUBMIT
NOT REVIEWED
()
()
()
()
This review by the ENGINEER is for the sole purpose of ascertaining
conformance with the general design concept. This review shall not constitute
approval of the detail design inherent in the shop drawings, responsibility for
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Section 01340
Page 3
which shall remain with the CONTRACTOR submitting. Review by the
ENGINEER shall not relieve the CONTRACTOR of his responsibility for errors or
omissions in the shop drawings or of his responsibility for meeting all
requirements of the CONTRACT DOCUMENTS. The CONTRACTOR is
responsible for dimensions to be confirmed and correlated at the WORKSITE,
for information that pertains solely to fabrication processes or to techniques of
construction, for installation, and for co-ordination of the work of all sub-trades.
ENGINEER
By:
Date:
2.
Design by the Contractor
.1
When the CONTRACTOR is responsible for engineering design of portions of
THE WORK, this shall be clearly and specifically indicated in the Drawings or in
the Specifications of the CONTRACT DOCUMENTS.
.2
Where the CONTRACTOR is required, either by law or regulation or by the
CONTRACT to provide engineering design, they shall use the services of a
Professional Engineer registered in the area in which THE WORK is to be
performed, and they shall submit shop drawings bearing the Seal and Signature
of that Registered Professional Engineer.
113928100
119
SRDRWC
Contract 8
1.
Mock-Ups
Section 01350
Page 1
Samples
.1
The CONTRACTOR shall submit for the ENGINEER's approval such
manufacturers' and suppliers' samples as the ENGINEER may reasonably
require. Samples shall be labelled as to origin and intended use in THE WORK
and shall conform to the requirements of the CONTRACT DOCUMENTS.
.2
Samples and sample mock-ups prepared by the CONTRACTOR for the
ENGINEER's approval shall be retained on the WORKSITE for comparison with
the actual installation of the portions of THE WORK that the samples are
intended to represent.
Upon completion of THE WORK, the samples and mock-ups may be returned to
the CONTRACTOR, the Supplier, or Manufacturer who provided them, and shall
then be removed from the WORKSITE.
113928100
120
SRDRWC
Contract 8
1.
Drawings Of Record
Section 01390
Page 1
Records During Construction
.1
The CONTRACTOR shall keep one complete set of all construction drawings on
the WORKSITE.
.2
On the WORKSITE set of CONTRACT Drawings, the CONTRACTOR shall
record any changes that are made during the actual construction of THE WORK.
The purpose of recording these changes is to provide drawings of record at the
end of THE WORK. The CONTRACTOR shall be responsible for the adequacy
and the reliability of the information recorded on the drawings of record.
.3
At the completion of the Construction Period, the CONTRACTOR shall turn over
the set of construction drawings which have been marked up with changes
during the course of THE WORK to the ENGINEER to permit the ENGINEER to
prepare the Drawings of Record for THE WORK. The CONTRACTOR shall
supply any and all supporting digital information in a format acceptable to the
ENGINEER.
113928100
121
SRDRWC
Contract 8
1.
2.
Quality Control
Section 01400
Page 1
General
.1
The CONTRACTOR is totally responsible for the quality of MATERIAL and
PRODUCT which he provides and for THE WORK.
.2
The CONTRACTOR is responsible for quality control and shall perform such
inspections and tests as are necessary to ensure that THE WORK conforms to
the requirements of the CONTRACT DOCUMENTS.
.3
During the progress of THE WORK, a sufficient number of tests shall be
performed by the CONTRACTOR to determine that MATERIAL, PRODUCT, and
installation meet the specified requirements.
.4
The CONTRACTOR shall perform as many inspections and tests as are
necessary to ensure that THE WORK conforms to the requirements of the
CONTRACT DOCUMENTS.
.5
Testing shall be in accordance with pertinent codes and regulations, and with
selected standards of the American Society for Testing and Materials (ASTM)
and Canadian Standards Association (CSA).
Quality Control Testing by the Contractor
.1
.2
113928100
The CONTRACTOR shall retain the services of an independent testing agency
under supervision of a registered professional engineer, and pay the cost of
testing services for quality control including, but not limited to, the following:
a)
Sieve analysis of sands and aggregates to be supplied to THE WORK.
b)
Aggregates and mix designs for asphaltic concrete.
c)
Aggregates and mix design for Portland Cement concrete.
d)
Standard Proctor Density curves for backfill materials.
e)
Standard Proctor Density curves for approved borrow materials.
f)
Compaction control tests for bedding, backfill and embankment material.
g)
Any product testing that is required and is specified under various
sections of the specifications.
The CONTRACTOR shall promptly process and distribute all required copies of
test reports and test information and related instructions to all of his
SUBCONTRACTORS and Suppliers to ensure that all necessary retesting and
replacement of construction can proceed without delay.
122
SRDRWC
Contract 8
.3
3.
4.
5.
Quality Control
Section 01400
Page 2
The CONTRACTOR shall promptly provide the ENGINEER with copies of all test
results.
Quality Assurance Testing by the Owner
.1
The OWNER may retain and pay for the services of an independent testing
agency for testing for quality assurance, for the OWNER'S purposes.
.2
The OWNER'S testing agency and the ENGINEER may inspect and test
MATERIAL, PRODUCT and THE WORK for conformance with the requirements
of the CONTRACT DOCUMENTS; however, they do not undertake to check the
quality of THE WORK on behalf of the CONTRACTOR nor to provide quality
control.
.3
Inspections and tests by the OWNER'S testing agency and by the ENGINEER
do not relieve the CONTRACTOR of his responsibility to supply MATERIAL and
PRODUCT and to perform THE WORK in accordance with the requirements of
the CONTRACT DOCUMENTS.
.4
The ENGINEER, at his discretion, may order or perform any additional
inspections and tests for purposes of his own or for purposes of the OWNER.
.5
The CONTRACTOR shall coordinate with the ENGINEER the scheduling of
testing and inspection by the OWNER'S testing agencies or by the ENGINEER,
to enable testing to be done as necessary, without delay, and the
CONTRACTOR shall notify the ENGINEER sufficiently in advance of operations
to allow for such inspection and tests by the ENGINEER's or the OWNER's
testing agency.
Code Compliance Testing
.1
Inspections and tests required by codes or ordinances, or by a plan approval
authority, shall be the responsibility of and shall be paid for by the
CONTRACTOR.
.2
Copies of reports resulting from such inspections shall be submitted in a timely
manner by the CONTRACTOR to the OWNER.
Retesting
.1
113928100
When tests on PRODUCT, MATERIAL or completed portions of THE WORK
carried out by the CONTRACTOR or the CONTRACTOR's testing agency or by
the OWNER’s testing agency yield results not meeting the requirements of the
CONTRACT DOCUMENTS, the CONTRACTOR, in addition to carrying out
remedial work or replacement of the PRODUCT or MATERIAL shall provide for
retesting of the remedied work and the replacement PRODUCT and MATERIAL.
123
SRDRWC
Contract 8
Quality Control
Section 01400
Page 3
Retesting, including retesting by the OWNER’S testing agency, shall be at the
CONTRACTOR's expense.
.2
In every case where the CONTRACTOR has submitted test results which fail to
meet the requirements of the CONTRACT DOCUMENTS, the CONTRACTOR
shall submit within a practical and reasonable time results of a retest showing
that the results are in accordance with the requirements of the CONTRACT
DOCUMENTS.
.3
If the CONTRACTOR fails or refuses to do remedial work or replace
unacceptable MATERIAL or PRODUCT, the ENGINEER may refuse to certify
payment and the OWNER may refuse to make payment, in addition to any other
remedies the OWNER may have.
113928100
124
SRDRWC
Contract 8
1.
2.
Section 01700
Page 1
Cleanup
.1
Maintain the working area in a clean and orderly manner as THE WORK
progresses, and upon completion of construction, remove all waste materials,
and all temporary facilities from the WORKSITE.
.2
Haul surplus or salvage materials that are the property of the OWNER to the
OWNER's storage site.
.3
Remove surplus or salvaged materials belonging to the CONTRACTOR from the
WORSITE.
.4
Clean haul routes.
.5
Vacuum clean interior building areas when ready for painting, and continue
vacuuming as needed.
.6
Remove grease, dust, dirt, stains, labels, finger prints and other foreign materials
from sight on exposed interior and exterior finished surfaces, including glass and
other polished surfaces.
.7
Clean lighting reflectors, lenses and other lighting surfaces.
.8
Broom clean paved surfaces, rake clean other surfaces of ground.
.9
Remove debris and surplus materials from roof areas and accessible concealed
spaces.
.10
Remove snow and ice from access to the building.
Record Documents
.1
As specified in other sections of the specifications, the CONTRACTOR may be
required to prepare and record drawings, to provide survey notes, to supply test
results or other documents. Such information shall be turned over to the
ENGINEER; as soon as start-up is complete, and before the Construction
Completion Certificate is issued.
.2
3.
Contract Closeout
Record documents shall be neat, legible and accurate.
Operation Manuals
.1
Prepare operation and maintenance manuals and submit four copies to the
ENGINEER before the Completion Date.
.2
113928100
Operation and maintenance manuals are specified in general in this section, with
regard to numbers of binders, preparation, marking, general arrangement,
format and general contents. Requirements for mechanical, process equipment,
electrical work and other items may be specified in other sections of the
125
SRDRWC
Contract 8
Contract Closeout
Section 01700
Page 2
specifications, however the general format shall be in accordance with this
Section.
.3
Provide the services of qualified and experienced personnel to prepare manuals.
.4
Prepare sets of manuals for various divisions using identical bindings, and the
same indexing system and format for all manuals.
.5
Provide extension type catalogue binders bound with heavy weight bright red
fabric, hot stamped in silver lettering front and spine. Acropress, Cerlox or similar
light weight or special hole binders are not acceptable. These binders are
manufactured by Atlas Book Bindery (1961) Ltd., 12945-146th Street, Edmonton,
Alberta T5L 2H6 Phone (780)452.9130, Fax (780)451.4987, Toll Free
1 (887) 452.9130.
.6
Letter each binder as follows:
Front Face
-
Full identification of title of project
Prime consultant - full identification title
CONTRACTOR - full identification title
Sub contractors - full identification title
Spine
.7
full identification of title of project
copy number
Arrange each individual binder as follows, using coloured divider tabs which shall
be laminated mylar plastic and which shall be coloured according to section of
the manual.
Each division of the manual i.e. mechanical, electrical, process equipment etc.
shall be a complete manual and shall in general be in the following format with
the divider tabs as noted:
113928100
126
SRDRWC
Contract 8
Contract Closeout
Section 01700
Page 3
Tab 1.0 Title Page
-
-
Job name & OWNER'S name
address, telephone number and complete name of:
Prime Consultant
Sub Consultant
General CONTRACTOR
SUBCONTRACTOR
Index of all divider tabs
Tab 1.1 List of drawings
Tab 1.2 Description of Systems
Tab 1.3 Operation of Systems
Tab 1.4 Maintenance & Lubrication
Tab 1.5 List of suppliers and addresses of same
Tab 2.0, 2.1 etc. - Certifications
Tab 3.0, 3.1 etc. - Manufacturers data, Shop drawings, Bulletins
.8
Provide preventive maintenance program if specified in applicable sections.
.9
Provide, in addition to mechanical, electrical equipment details:
a)
maintenance data for finished surfaces
b)
copies of hardware schedules
c)
guarantees, warranties and bonds showing names and addresses of
manufacturer and guarantee commencement and expiry date
d)
valve lists giving numbers, types, service and location.
e)
certificates and inspection reports by the manufacturers and their
representatives.
113928100
127
Appendix B
128
Tim Ainscough
P.Eng. LGA
Principal/Managing Leader
Tim Ainscough joined Stantec Consulting Ltd. in 2008 with 20 years experience, 14 of those have been in Municipal
Government. As a Senior Associate and Project Manager, Mr. Ainscough has successfully worked on a wide variety of
Civil Engineering Infrastructure projects and studies. These include transmission and distribution systems, lift stations,
forcemains, lagoons, pump stations, stormwater management, municipal subdivision reconstruction, computer modeling of
water distribution and sewage collection systems, subdivision predesign, design, and development, highways and
roadways design and construction, shallow utility distribution systems, building inspections and sewage disposal systems in
southern and northern climates.
Tim Ainscough's duties and responsibilities include project management, client and public liaison, tendering, construction
coordination and management, engineering studies and reports, cost estimating, pre-design, design, on-site construction
supervision and inspections, surveys, progress payments and preparation of construction completion certificates, and asbuilts.
EDUCATION
B.Sc. Degree in Civil Engineering, University of Alberta,
Edmonton, Alberta, 1991
University of Alberta - Local Government Administration,
MEMBERSHIPS
Member, Association of Professional Engineers,
Geologists and Geophysicists of Alberta
Member, American Public Works Association
Member, Alberta Water and Wastewater Operator
Association
Member, Western Canada Water
Member, American Water Works Association
Member, Institute of Transportation Engineers (Canada &
US)
The MVRWSC Waterline Project comprises of approximately 46
km of 600 mm waterline to twin the existing 400 mm waterline
extends from the Anthony Henday Water Treatment Plant to the
Midline Reservoir located directly south of the Town of Olds.
Due to the large scale of the Project, the construction of the
pipeline will be divided into four contracts, the first of which is
currently under construction and scheduled to be completed in
June of 2011. .
Treated Water Reservoir and Ultraviolet Disinfection,
Slave Lake, AB (Project Manager)
Responsibilities included managing the engineering project
team, external project resources in addition to ensuring the
Clients needs and expectations were met throughout the
preliminary and detailed design, construction and post
construction phases of the project.
Barrhead Water Transmission Line, Barrhead, AB
(Project Manager)
Performed project management for the design, tendering and
construction monitoring of a 21km regional water system, inline
booster station and rural water connections.
Swan Hills WTP Upgrading*, Swan Hills, Alberta
(Project Manager)
Red Earth Water Treatment Plant*, Red Earth, Alberta
(Project Manager)
PROJECT EXPERIENCE
Town of Innisfail Reservoir*, Innisfail, Alberta (Technical
Advisor)
Water
MVRWSC Waterline, AB (Senior Project Manager)
Fairview to Blue Sky Water Supply Line*, Alberta
(Project Manager)
As Project Manager, Tim has overseen and been actively
involved in all elements of the project from the detailed design
stage through to construction.
* denotes projects completed with other firms
Kinuso Region Water Coop*, Kinuso, Alberta (Project
Manager)
One Team. Infinite Solutions.
129
Tim Ainscough
P.Eng. LGA
Wastewater
SRDRWC - Innisfail Lift Station, Sylvan Lake, AB (Senior
Project Manager)
Sylvan Lake WWTP Interim Upgrades and Lagoon
Improvements, AB (Project Manager)
As part 2 of phase 1, this project involves upgrading 2 pumps
and lagoon improvements in the Town of Sylvan Lake. Tim
represents Stantec on the SLRWWC Technical Committee and
oversaw the detailed design with construction scheduled to be
complete in Fall 2011.
Septage Receiving Station and Forcemain, AB (Project
Manager)
Tim represents Stantec on the SLRWWC Technical Committee
and oversaw the detailed design and construction. This first
phase of the regional wastewater system involved constructing a
septage receiving station and 12km forcemain to the Town of
Sylvan Lake.
Eckville Lift Station #1, #2 and Forcemain Upgrades,
Town of Eckville, AB (Senior Project Manager)
Alberta Central Region Wastewater - Concept
Refinement, Central Region, Alberta (Technical Advisor)
Involved in the completion of a concept refinements study for the
Central Alberta Wastewater project, including sections from
Lacombe to Red Deer, Sylvan lake to Red Deer, and Olds to
Red Deer. This project was initiated to decrease the impact of
Wastewater effluent discharges on the Red Deer River.
Central Alberta Region Wastewater Study - SouthlegPredesign, Red Deer, Alberta (Technical Advisor)
Assisted in the completion of the development of preliminary
design of a regional Wastewater system extending from the
Town of Olds to the City of Red Deer for treatment. The
Regional system will collect and convey Wastewater from Olds,
Bowden, Bowden Institution, Innisfail and rural development in
the area.
Central Alberta Region Wastewater Study - Southleg
Design, Red Deer, Alberta (Senior Project Engineer)
Currently developing a design of a regional wastewater sytsem
extending from the town Olds to the City of Red Deer for the
treatment of Municipal and Industrial sewage. the regional
system will collect and convey wastewater from the
Municipalities of Olds, Bowden, Mountainview County,
Innisfail, Penhold, Red Deer County and the Bowden institute.
Central Water Regional Wastewater Study, Central
Region, Alberta (Technical Advisor)
Assisted in the completion of a conceptual design report for a
regional wastewater collection and treatment system that met
Alberta's "Water for Life" Strategy for Sustainability. Included a
recommended governance structure, various options, and cost
estimates for the system
Emergency Planning / Response
Firefighting/Disaster Service Experience*, Innisfail, AB
2000 - Present
Firefighting/Disaster Service Experience*, Swan Hills,
AB
1994 - 2000
Town of Innisfail Municipal Emergency Plan*, Innisfail,
Alberta (Project Manager)
Facility Programming
Swan Hills Curling Rink*, Swan Hills, Alberta (Project
Manager)
Oversaw the pre-design tendering and construction of a new
community facility for the Municpality of Swan Hill. The scope of
work included a community hall with stage, meeting rooms,
large commercial kitchen and storage.
Swan Hills Community Center*, Swan Hills, Alberta
(Project Manager)
Oversaw the predesign of a new curling rink and youth center.
The sheet curling rink with mezzanine seating, kitchen facilities,
new refrigeration plant and attached youth center.
Municipal Administration
Town of Swan Hills*, Swan Hills, Alberta (Director of
Operations)
Directed all Engineering & Operations related functions for the
municipality in the areas of Transportation, Facilities,
Equipment, Water & Wastewater. Engaged and coordinated
the work of consultant engineers, architects and contractors.
Participated in Council and Community Board Meetings and
liaised with CAO and Council committees to provide advice
and develop leading edge methods and technologies to
improve service delivery and reduce costs.
Evaluated methods, designs and processes to determine cost
effectiveness or possible efficiency and conservation measures.
Prepared reports, resources and advice for CAO and Council
regarding land information for acquisition or planning
purposes.
Developed and presented visions and strategies for
consideration by Council.
Negotiated land development and servicing agreements.
130
Tim Ainscough
P.Eng. LGA
Liaised with senior provincial government officials to secure
grants and establish congruence with guidelines and programs.
Established rehabilitation and reinvestment strategies for
infrastructure.
Town of Innisfail*, Innisfail, Alberta (Operations and
Engineering)
Directed all Engineering & Operations related functions for the
municipality in the areas of Transportation, Facilities,
Equipment, Water & Wastewater. Engaged and coordinated
the work of consultant engineers, architects and contractors.
Participated in Council and Community Board Meetings and
liaised with CAO and Council committees to provide advice
and develop leading edge methods and technologies to
improve service delivery and reduce costs.
Evaluated methods, designs and processes to determine cost
effectiveness or possible efficiency and conservation measures.
Prepared reports, resources and advice for CAO and Council
regarding land information for acquisition or planning
purposes.
Developed and presented visions and strategies for
consideration by Council.
Negotiated land development and servicing agreements.
Liaised with senior provincial government officials to secure
grants and establish congruence with guidelines and programs.
Established rehabilitation and reinvestment strategies for
infrastructure.
Planning
Parsons Creek Phase 1 - Outline Plan and Conception
Plan, Fort McMurray, AB
Town of Innisfail - Offsite report, Innisfail, Alberta
(Technical Advisor)
Worked with the project consultant to develop a model for the
establishment of on offsite levels fee structure and bylaw, to be
used to calculate fees for the future developments.
Town of Innisfail - Woodlands Area Structure Plan,
Innisfail, Alberta (Project Manager)
November 2003, updated October 2005 and updated again
in May 2007.
Town of Innisfail Municipal Development, Innisfail,
Managed the project to undertake in the updating of the
Municipalities Municipal development plan. This included
reviewing existing and potential land uses, future growth arces
and existing and future Infrastructure needs.
Town of Innisfail Centennial Park Master Plan, Innisfail,
Roadways
2010 Bentley Roads Program, Bentley, AB (Senior
Project Manager)
Responsible for ensuring a high level of quality control through
the design/delivery process and was also the backbone in
assisting the Town with obtaining the Building Canada grant
funds for the 2010 Bentley Roads Program.
Town of Innisfail Resource Road*, Innisfail, Alberta
(Project Manager)
Calling Lake Haul Road*, Athabaska, Alberta (Project
Manager)
Solid Waste
Swan Hills Regional Landfill*, Swan Hills, Alberta
(Project Manager)
Urban Land
Parsons Creek Phase 1 & Phase 2, Fort McMurray, AB
Upland Aspen Subdivision, Innisfail, Alberta (Municipal
Advisor)
Madison Park Phase 1-3*, Innisfail, Alberta (Municipal
Advisor)
Hazelwood - 1A, 1B 23*, Innisfail, Alberta (Municipal
Advisor)
Town of Innisfail - Land Supply and Future Growth
Potential, Innisfail, Alberta (Project Manager)
Red Deer County Intermunicipal Development Plan,
Innisfail, Alberta (Technical Advisor)
Worked with the project team and respective councils to
develop a long term plan for the growth and sustainability of the
individual and collaborative Municipalities.
131
Todd K. Simenson
P.Eng.
Principal
Mr. Simenson has been with Stantec Consulting Ltd. since 1986. As Principal and Senior Project Manager, Mr. Simenson
has successfully completed a wide variety of Civil Engineering Infrastructure projects and studies. These include
transmission and distribution systems, lift stations, forcemains, lagoons, reservoirs, pump stations, stormwater management,
municipal subdivision reconstruction, computer modeling of water distribution and sewage collection systems, subdivision
predesign, design, and development, highways and roadways design and construction, underground telephone shallow
utility distribution systems, building inspections and sewage disposal systems in southern and northern climates.
Mr. Simenson is the Practice Leader for Environmental Infrastructure and his duties and responsibilities include project
management, client and public liaison, tendering, construction coordination and management, engineering studies and
reports, cost estimating, pre-design, design, on-site construction supervision and inspections, surveys, progress payments
and preparation of construction completion certificates, and as-builts.
EDUCATION
PROJECT EXPERIENCE
Bachelor of Science in Civil Engineering, University of
Saskatchewan, Saskatoon, Saskatchewan, 1986
Water
2008 Shirley McClellan Regional Water System
Reservoir and Pumphouse, Stettler, Alberta (Senior
Reviewer/Advisor)
Commercial Estimating Course Certificate, Kelsey
Institute, Saskatoon, Saskatchewan, 1987
MEMBERSHIPS
Member, Canadian Society for Civil Engineering
Member, Association of Professional Engineers of Yukon
AWARDS
2011 CEA Award of Merit in Water Resources and
Energy Production, Sanitary Trunk and River Crossing in
Fort McMurray
2010 Northwest Chapter of NASTT, Trenchless Project
of the Year, Athabasca River Crossing
2007 CEA Award of Excellence, City of Red Deer
Easthill Stormwater Infrastructure Improvements
This unique project included a 4,500 cubic metre reservoir and
four separate pumping systems to serve a large regional water
system network.
2008 Innisfail Upland Aspen Reservoir and Pumphouse,
Innisfail, Alberta (Project Manager)
The project included preliminary design, detailed design,
tendering and construction of a 6,400 cubic metre reservoir
and pumphouse that supplied two other reservoirs plus the
distribution system.
2008 Queens Business Park Reservoir and Pumphouse,
Red Deer, Alberta (Project Manager)
The project included predesign, detailed design, tender and
construction of a 6,400 cubic meters and 400 litres per second
pumphouse.
2008 Broadway Avenue Reservoir and Pumphouse,
Blackfalds, Alberta (Project Manager)
Project included preliminary design, detailed design, tendering
and construction of a 6,800 cubic metre reservoir and 360
litres per second pumphouse complete with backup generator.
2009 Water Treatment Plant Upgrade, Rocky Mountain
House, Alberta (Project Manager)
2008 Drumheller Water Treatment UV Plant Upgrades,
Drumheller, Alberta (Project Manager)
132
Todd K. Simenson
P.Eng.
Principal
2005 Mountain View Regional Water Services
Commission Pre-Design, Olds, Alberta (Project Manager)
Water Resources Management
Michener Storm Pond, Red Deer, AB (Project Manager)
2005 Linden North Water Servicing, Kneehill County,
AB (Project Manager)
2003 Northwest Red Deer Drainage Study, Red Deer,
Completed preliminary design of a $34 M transmission
upgrade to the Mountain View Regional Waterline in Central
Alberta.
The project included 55km of water distribution piping and a
400 cubic meter reservoir.
1995 Water Servicing Design, Whitehorse, Yukon
(Project Manager)
This project involved the design of a 120 m watermain and
surface restoration.
2003 Kneehill Regional Waterline Contract #1, #2, and
#3, Reservoir and Pumphouse, Kneehill County, Alberta
(Senior Project Engineer)
Project included 95km of watermain, a 4,100 cubic meter
reservoir and pumphouse.
2004 39 Avenue Reservoir and Pumphouse, Ponoka,
75,000 cubic meter wetland stormwater detention retrofit
project and 2,100 mm dia. storm trunk diversion and tunneling
project.
2003 Eastview School Stormwater Detention Facility
(Project C), Red Deer, Alberta (Project Manager)
Stormwater detention retrofit project was the second in a series
of four stormwater detention pond retrofits recommended in the
2000 City of Red Deer Easthill Drainage Study.
2001 East Area Storm Detention Pond, Blackfalds,
The project included design and construction of a 30,000 m3
dry storm pond, storm sewer pipeline installation, an outlet
structure, and a downstream drainage assessment.
2000 East Hill Drainage Study, Red Deer, Alberta
(Project Manager)
Project included detailed design and construction of a 4,600
m3 reservoir and pumphouse.
The project involved the review and assessment of much of the
City's existing stormwater management infrastructure and
recommendations for system improvements.
Two Mile Hill Booster Station, Whitehorse, Yukon
(Project Manager)
2004 East Hill Storm Water Infrastructure Improvements
Project, Red Deer, Alberta (Project Manager)
Project included the predesign, design and construction of the
new station, that is capable of producing 500 L/s flow under
ultimate conditions.
2001 Waterline Improvements, Blackfalds, Alberta
(Project Manager)
The project included the installation of a waterline trunk
extension and sanitary and storm sewer mains.
Sections A,B,C,D,& E of the Crosstown Watermain
Project, Whitehorse, Yukon (Project Manager)
2001 Eastview Estates Storm Detention Facility, Red
Deer, Alberta (Project Manager)
A major storm detention pond was incorporated into an existing
residential subdivision, providing improved stormwater
management to the area while enriching recreational amenities.
Wastewater
2009 Wastewater Treatment Plant Upgrades, Town of
Todd was responsible for the construction of five sections of
water main over three years totaling 4760 m of 600 dia. D.I.
pipe, along a major arterial roadway, through the downtown
area, with an insulated steel pipe bridge crossing, road
widening, tie-ins, temperature controlled bleeders, and
rehabilitation of disturbed areas.
2009 Main Lift Station Upgrades, Rocky Mountain
House, Alberta (Project Manager)
Development of New Well Source, Blackfalds, Alberta
(Project Manager)
2008 19th Street Lift Station and Forcemain Project,
2009 Main Lift Station and Trunks Project, Blackfalds,
133
Todd K. Simenson
P.Eng.
Principal
2008 Sanitary Trunks, Phase 2, Red Deer, Alberta
(Project Manager)
2009 Sanitary Trunk and River Crossing, Fort
McMurray, Alberta (Project Manager)
Design development of a new sanitary trunk and river crossing
over 8.4 km including 1300 m of trenchless sections across the
Snye River and Athabasca River.
2001 Marina Bay Lift Station Upgrade / Forcemain,
Sylvan Lake, Alberta (Project Manager)
Todd was responsible for the preliminary, detailed design and
construction management for the 1.2 km 200mm insulated
HDPE forcemain and 29 L/s Suction Lift Station c/w generator.
2004 Brentwood Lift Station Upgrade and Forcemain
Extension, Blackfalds, Alberta (Project Manager)
2000 Lift Station Projects, Blackfalds, Alberta (Project
Manager)
Design and construction services were provided for the upgrade
of the existing Stanley Street Lift Station and the construction of
the new Northwest Area Lift Station and forcemain. Construction
proceeded using the project management approach.
2003 Former Landfill Site Environmental Assessment,
2002 Prentiss Landfill Operations and Closure/Post
Closure Plans, Lacombe County, Alberta (Project
Manager)
2004 Lacombe SE Lift Station, Lacombe, Alberta (Senior
Project Engineer)
Design of Lousana Landfill Closure and Reclamation, Red
Deer County, Alberta (Project Manager)
Sewer System Design
2003 Inflow / Infiltration Study, Red Deer, Alberta
(Project Manager)
Included a review of overall and localized inflow/infiltration
and recommendations for mitigation.
1998 Marwell Sanitary Sewer Trunk Main, Whitehorse,
Yukon (Project Engineer)
2004 Norglenwold Sewer Servicing, Summer Village of
Norglenwold, Alberta (Senior Review)
1998 and 1999 Whitehorse Airport Sanitary Sewer and
Storm Sewer Upgrading, Whitehorse, Yukon (Project
Engineer)
Design Development
Drainage Design of Blocks 510 and 520, Nova
Chemicals, Joffre, Alberta (Project Manager)
Infrastructure / Asset Management
Water Works and Infrastructure Upgrading, Whitehorse,
Todd was responsible for completing the Water Works
computer analysis and report for the future infrastructure
upgrading of the Kopper King area.
Master Planning
2008 Blackfalds Master Plan Growth and Infrastructure,
2009 Greater East Hill Functional Servicing Study Water, Sanitary Service and Storm Water, Red Deer,
2009 Urban Service Area Wastewater Master Plan, Fort
McMurray, AB (Project Manager)
Wastewater Master Plan, Fort McMurray, Alberta
(Project Manager)
Led development of a wastewater master plan to identify
deficiencies and upgrading requirements over three future
population horizons, and developed a rehabilitation and capital
facilities implementation plan.
Blackfalds Master Plan - Growth and Infrastructure,
Blackfalds, Alberta (Senior Project Engineer)
The existing town infrastructure was assessed to provide a
logical blueprint to the orderly development of various land uses
and the expansion of roadway, water, sanitary and storm
infrastructure to a long term population of 12,000.
Site Selection and Planning
Whitehorse General Hospital Siteworks and
Infrastructure Upgrading, Whitehorse, Yukon (Project
Manager / Engineer)
Responsible for the design, construction and coordination of the
Whitehorse General Hospital siteworks and infrastructure
upgrading which included preparation for construction of 500
m of 300 diameter insulated watermain.
134
Todd K. Simenson
P.Eng.
Principal
Studies and Evaluations
2009 Greater East Hill Functional Servicing Study Water, Sanitary Service and Storm Water, Red Deer,
2008 Water Distribution Study and Facilities
Assessment, Red Deer, Alberta (Project Manager)
This study consisted of a complete update to the City of Red
Deer water model and an assessment of all their major water
facilities.
Cold Lake Private Married Quarters Road and Utility
Improvement Program, Cold Lake, Alberta (Senior Project
Advisor)
After studying existing services to provide necessary upgrades,
will be completing detailed design for deep utilities and related
advisory services for sanitary, storm, and water utility
requirements for this large project.
2005 Offsite Levies Report, Blackfalds, AB (Project
Manager)
2003 Water Distribution Evaluation for Regional Water
Supply, Red Deer, AB (Project Manager)
2004 Water Distribution Analysis Study, Blackfalds,
2003 Transportation Study, Blackfalds, Alberta (Project
Manager)
1999 NOVA Chemicals Raw Water Pipelines Hydraulic
Evaluation, Joffre, Alberta (Project Manager)
Faro Water and Sewer Systems Study, Faro, Yukon
(Project Manager)
The study consisted of computer modeling the entire water
system including fire flow testing, and pressure testing, and
CCTV inspection and hydraulic analysis of their entire sewer
system. As well, an energy audit was completed for all of their
pumping facilities. This study provided a tool for the town to use
in planning long-term future growth (3,000 people) and low
population (300 people) due to mine closures. 3.25 million
worth of improvements were identified to be completed
2002 Highlift Pumping Upgrade Study, Mountain View
Regional Water Services Commission (Project Manager)
Project included a detailed review of existing system hydraulics
and recommendations for system upgrades to meet long term
plant expansion.
2003 Water and Sewer Feasibility Study, Mountain
View County Water Valley, Alberta (Project Manager)
Project included the review of servicing requirements for the
development of communal servicing in Water Valley.
2004 Wastewater Treatment Study, Blackfalds, Alberta
(Project Manager)
Transportation Planning
2010 Vista Trail and South Street Upgrades, Blackfalds,
2004 Kneehill County Water Servicing Strategy, Kneehill
County, Alberta (Project Manager)
2007-2010 Town of Lacombe Roads Upgrading
Program, Lacombe, Alberta (Project Manager)
2001 Sylvan Lake Regional Sewer System Feasibility
Study, Lacombe County, Alberta (Project Engineer)
2002 Broadway Avenue Upgrades, Blackfalds, Alberta
(Project Manager)
2003 Midline Pumping Study, Mountain View Regional
Water Services Commission (Project Manager)
Project included major road upgrading and widening, and
upgrade of all underground utilities.
2003 Pigging Study, Mountain View Regional Water
Services Commission (Project Manager)
Urban Land
2006 Wolf Creek Industrail Park Phase 3-4 and 34 St.
Upgrading, Town of Lacombe, Alberta (Project Manager)
2001 Spruce View Lagoon Capacity and Seepage
Study, Red Deer County, Alberta (Project Manager)
Mayo Area Housing Expansion, Na Cho Nyak Dun First
Nations, Mayo, Yukon (Project Engineer)
2004 Environmental Assessment West Three Hills Supply
Pipeline, Kneehill County, Alberta (Project Manager)
Responsible for the collection of preliminary survey data.
135
Todd K. Simenson
P.Eng.
Principal
Haines Junction Roads, Water, and Sewer, Champagne
/ Aishihik First Nations, Haines Junction, Yukon
(Assistant Project Engineer)
Todd was involved in the design of roads, water and sewer,
and contract specifications for the Haines Junction Indian
Village, Upper Bench.
1992 Downtown Phase II Reconstruction Project (Design
/ Project Engineer)
Todd was responsible for the design and construction of the
Downtown Phase II Reconstruction 1992 Project, involving a
predesign report, design of eight blocks of existing downtown
and construction administration of the project including
complete replacement of water, sewer, drainage, and road
systems.
New Finlay River Community, Ingenika Tribal Council,
Ingenika, British Columbia (Resident Engineer)
Todd was responsible for field design, supervision, and
inspection of 4.3 km of watermain, 5.4 km of roadworks,
foundation inspections, sludge pond and garbage pit, water
reservoir and pumpinghouse piping, and site grading for the
New Finlay Community.
1997/98 Siteworks Upgrading, Whitehorse, Yukon
(Project Manager)
Todd was responsible for the design of the siteworks upgrading
for the P.C. Secondary School which included a 160 vehicle
parking lot, bus loop, additional staff parking, lighting, two
basketball courts and installation of a new pedestrian activated
crosswalk.
1993 Valleyview Subdivision Reconstruction,
Whitehorse, Yukon (Project Engineer)
Todd was responsible for the design and construction of the
subdivision reconstruction, that involved a predesign report,
design of new servicing for the existing subdivision and
construction administration including complete replacement of
water, sewer, drainage and road systems.
1994 Takhini West-South Subdivision Reconstruction
Project (Project Manager / Engineer)
Todd was responsible for design and construction of the Takhini
West-South Subdivision Reconstruction 1994 Project, involving
a predesign report, design of new servicing for the existing
subdivision and construction administration including complete
replacement of water, sewer, drainage and roads systems (3.0
million).
1996 Tintina Country Residential Subdivision, Faro,
Yukon (Project Manager)
Todd was responsible for design and construction of Tintina
Country residential subdivision.
Copper Ridge Subdivision Stages 7 - 11, Whitehorse,
Todd was responsible for the completion of the predesign report
for the City of Whitehorse Copper Ridge Subdivision Stages 7
to 11 and was responsible for the detailed design of Stage 8
constructed in 1998.
Urban Land Engineering
1996 Belleview Subdivision Phase II - Country
Residential Subdivision Roadworks Construction (Project
Engineer)
Todd was responsible for reviewing and sealing the design for
the 1996 Belleview Subdivision Phase II - Country Residential
Subdivision Roadworks Construction which included 1.0 km of
road for 25 new lots.
1998 Range Road Mobile Home Subdivision Project,
Whitehorse, Yukon (Project Engineer)
Todd was responsible for the predesign letter report and design
of portions of the project. Also the construction of the 69 lot
subdivision, reheat building and lift station started fall of 1998
and completed in the fall of 1999.
136
Stephan Weninger
P.Eng.
Associate, Water
Stephan is an Associate in our Water Group in our Red Deer office. He is responsible for project management,
coordination, and successful completion of a variety of environmental projects including regional water and wastewater
pipelines, transmission systems and treatment facilities. Stephan also provides infrastructure planning and capital asset
management analysis for a variety of municipal clients.
EDUCATION
B.Sc. (Civil Engineering), University of Alberta,
MEMBERSHIPS
Member, Water Environment Federation
Member, Association of Professional Engineers and
Geoscientists of Saskatchewan
PROJECT EXPERIENCE
Water
Stettler County Rural Water Servicing Phase 1, Central
and Southeast Areas, AB (Project Manager)
Rural water system consisting of 130 km of distribution mains
distributed across 3 municipal water systems and incorporating
an existing water co-op.
SRDRWC Phase 1 Pipeline, Innisfail to Penhold, AB
(Project Engineer)
ECAR Concept Refinement Study (Project Engineer)
Conceptual design of regional water transmission system to
service over 20 communities including over 300 km of regional
waterlines.
SMRWSC Stettler to Consort Regional Waterline, AB
(Project Engineer)
Preliminary and detailed design, construction observation, and
contract administration for a 157 km regional water
transmission line and 4500 m3 reservoir and pumping station to
service nine municipalities.
Wolf Creek Water Supply Line, AB (Project Manager)
Detailed design, construction observation, and contract
administration services for a 1300 m water transmission line.
BRWC Barrhead to Neerlandia, AB (Project Engineer)
Detailed and preliminary design, construction observation, and
contract administration of a water transmission line.
H12/21RWSC Bashaw to Ferintosh Regional Waterline,
Bashaw, AB (Project Manager)
Detailed and preliminary designs, construction observation, and
contract administration of a 21 km water transmission line.
KRWSC / MDRV Regional Waterline Extension, Alberta
(Project Engineer)
Detailed design of a 34 km high pressure waterline and
reservoir and pumping station.
Braim Water and Sewer Servicing Project, Camrose
County, AB (Project Manager)
MVRWSC System Twinning; Preliminary Design,
Mountain View County (Olds), Alberta (Project Engineer)
SDR Reclaimed Waterline Design Brief (Project Engineer)
Rosedale to Cambria Municipal Water Supply Project,
Drumheller, Alberta (Project Engineer)
Detailed design, construction observation, and contract
adminstration for a rural full pressure, no fire flow water system
and a low pressure sewer system totaling 8 km in length.
Conceptual design of a 110 km reclaimed water transmission
line.
SLRPI Regional Wastewater Feasibility Study, AB (Project
Engineer)
Completed preliminary design of $34 M transmission upgrades
to the Mountain View Regional Waterline in Central Alberta.
Preliminary Design of water transmission and distribution system
extensions to service communities in the Drumheller Valley Area.
Design and construction of water transmission and distribution
system extension.
Conceptual design of water and wastewater transmission
systems to service eight municipalities around Sylvan Lake, AB
to a combined population of 80,000.
137
Stephan Weninger
P.Eng.
Associate, Water
Kneehill Regional Waterline Contract 4, Kneehill County,
Alberta (Project Engineer)
Wastewater Treatment Plant Phase 3 Upgrades, Red
Deer, Alberta (Assistant Project Manager)
Innisfail Waterline, Innisfail, Alberta (Project Engineer)
Timberock Development, Red Deer County, AB (Project
Engineer)
Detailed Design and Contract Administration of 35 km of
transmission line to service three communities.
Preliminary design of water supply line.
KRWSC Regional Waterline, Drumheller, Alberta (Project
Engineer)
Detailed Design and Contract Administration of 8 km - 450 mm
dia waterline.
KRWSC Regional Waterline Preliminary Design, Kneehill
County/MD of Rocky View, Alberta (Project Engineer)
Preliminary design of 90 km high pressure regional water
transmission system, including pumping and storage facilities.
Kneehill Regional Waterline Contract 3, Kneehill County,
Detailed Design and Contract Administration of 50 km of high
pressure water transmission line of various material type and
pressure class, primarily 400 mm dia.
Wastewater
SLRWWC Phase 1 Pipeline and Septage Receiving
Station, AB (Project Engineer)
Planning and detailed design of first leg of regional system to
ultimately service 8 municipalities.
Blackfalds Lift Station #1, Blackfalds, AB (Project
Engineer)
Led design and services during construction for a $2.5M lift
station and 1 Km transmission sewer system.
SRDRWC Innisfail Regional Lift Station, Innisfail, AB
(Project Engineer)
Planning and detailed design coordination and tendering of a
$7M lift station to ultimately service over 25,000 people.
Red Deer Wastewater Treatment Plant Phase 4, Red
Deer, AB (Assistant Project Manager)
Preliminary and detailed design of $80M in upgrades for
regionalization of wastewater treatment plant servicing.
City of Lloyminster Sewage Treatment Plant New
Headworks Building, Lloydminster, AB (Project Manager)
Design and construction of $20M in biological treatment
upgrades and addition of a UV disinfection facility.
Review of communal wastewater servicing alternatives.
Construction-New
CPR Prentiss Spur, Lacombe County, Alberta (Inspection)
Inspection/Contract Administration and Reporting of
construction of 12km rail line, including grade separated
highway overpass and four at-grade road crossings.
Land Planning
Town of Olds Area Structure Plan Reviews, Olds, AB
(Project Manager)
Conducted servicing reviews for 8 quarter section developments
over a four year period for residential, commercial and
industrial land uses, as well as engineering design reviews of
private sector developments on behalf of the Town.
Red Deer College Master Plan, Red Deer, Alberta
(Project Engineer)
Identified utility design requirements and considerations for
future development concepts.
Spruce View Area Structure Plan, Spruce View, Alberta
(Project Engineer)
Innisfail North & West Area Structure Plans, Innisfail,
Identified preliminary utility sizing requirements of future
development areas.
Village of Mirror Growth and Infrastructure Master Plan,
Mirror, Alberta (Project Engineer)
Identified utility capacity and future requirements. Evaluated
system performances and recommended improvements.
Roadways
Town of Olds Municipal Improvements Program 2010,
Olds, AB (Project Manager)
Managed a $2M road and underground utility replacement and
expansion program.
Preliminary design through construction services for a $6M new
headworks facility to accommodate a service population of over
50,000 people.
138
Stephan Weninger
P.Eng.
Associate, Water
Managed a $3.5M road and underground utility replacement
and expansion program.
expansion program.
expansion program.
2006 Town of Olds Roadworks Program, Olds, Alberta
(Project Manager)
Managed the roadworks program.
Studies and Evaluations
City of Red Deer 2009 Wastewater Treatment Plant
Master Plan, Red Deer, AB (Project Manager)
Developed 25 year horizon phased capital expansion program
and 50 year horizon servicing option evaluation.
Peace River Correctional Centre Water and Wastewater
Treatment Plant Assessments, Peace River, AB (Project
Manager)
Managed assessment upgrade plans and development of
Standards Operating Procedures for 50 year old facilities.
Village of Ferintosh Water Supply Study, Village of
Ferintosh, Alberta (Project Engineer)
Completed a water supply study.
Camrose County Regional Waterline, Camrose County,
Completed a feasibility study for a regional waterline.
KRWSC Rocky View Extension Preliminary Design, Acme
/ Balzac, Alberta (Project Engineer)
Proceeded with preliminary design for system to deliver water
from Acme to Balzac.
KRWSC Rocky View Extension Conceptual Design, Acme
/ Balzac, Alberta (Project Engineer)
Completion of conceptual design phase, including cost
estimates, alternative options and impacts to existing system
after tie-in.
Central Alberta Regional Wastewater System, Central
Alberta Region, Alberta (Project Engineer)
Analysis of options for the development of a regional
wastewater transmission and treatment system to service Central
Alberta communities in the Red Deer River basin.
Three Hills Wastewater Study, Three Hills, Alberta
(Project Engineer)
Conceptual Design and evaluation of options for a new
wastewater treatment facility to service the Town.
Blackfalds Sewage Lagoon Study, Blackfalds, Alberta
(Project Engineer)
Conceptual Designs and evaluation of long term upgrades to
treatment facilities and comparison with options for
regionalization.
Public Works Infrastructure Asset Study, Red Deer,
Valuation of existing road and water, wastewater and
stormwater mains and projection of 20 year replacement costs
and perpetual sustainable funding needs.
Wastewater Treatment Plant Master Plan, Drumheller,
Master Plan of long term wastewater treatment plant upgrades
Water Treatment Plant Master Plan, Drumheller, Alberta
(Project Engineer)
Master Plan of treatment and transmission upgrades needed to
accommodate regionalization and growth
Olds Wastewater Strategy, Olds, Alberta (Project
Engineer)
Developed Master Plan of wastewater treatment improvements
needed to meet long term growth needs
Olds Infrastructure Modelling Study, Olds, Alberta
(Project Engineer)
Modelling and Evaluation of water, wastewater and storm
infrastructure improvements to meet long term growth needs
Red Deer College Infrastructure Assessment, Red Deer,
Reviewed condition of existing utilities and provided information
of required system maintenance and future improvements.
Regional Wastewater Study, Alberta (Project Engineer)
Conceptual design of 70 km regional wastewater collection
system options and cost evaluations.
139
Stephan Weninger
P.Eng.
Associate, Water
City of Red Deer Industrial Lands Servicing Study, Red
Deer, Alberta (Project Engineer)
Evaluation of optional industrial development alternatives,
totalling 500 ha of land.
West Sundre Servicing Study, Mountain View County,
Determined requirements for water, wastewater and stormwater
systems, and identified costs and opportunities for shared
services with adjacent community.
Water Valley Water and Sewer Feasibility Study, Water
Valley, Alberta (Project Engineer)
Outlined long term requirements for water supply, storage and
distribution systems and sanitary collection and treatment
facilities in growth hamlet area.
City of Red Deer Inflow / Infiltration Study, Red Deer,
Review of impacts of I/I on the wastewater treatment plant and
collection systems in Red Deer and recommendations for
isolation of sources.
Northwest Red Deer Drainage Study, Red Deer, Alberta
(Project Engineer)
Review of stormwater management system performance under
design storm conditions and evaluation of feasibility and costs
of system upgrades.
MVRWSC Highlift Pumping Study, Alberta (Project
Engineer)
Hydraulic assessment of high pressure pumping system to
determine long term system upgrade requirements.
MVRWSC Mid-Line Pumping Study, Alberta (Project
Engineer)
Hydraulic assessment of 40 km MVRWSC mid-line pumping
system to determine long term system upgrade requirements.
MVRWSC Pigging Station Study, Alberta (Project
Engineer)
Hydraulic assessment of impacts of line pigging on 70 km
regional water transmission system. Determine operational
requirements and costs of installation.
140
Stephan Weninger
P.Eng.
Associate, Water
PUBLICATIONS
Shirley McClellan Regional Water Services Commission People, Planning & Pipe. WCW 2009 Conference,
2009.
Regionalization of Wastewater Treatment in Central
Alberta. Environmental Science & Engineering
Magazine, 2009.
A Case Study of Regional Servicing - The Kneehill
Regional Waterline. WCWWA 2004 Conference,
2004.
141
Andrew Robertshaw
P.Eng.
Project Engineer
Andrew has been with Stantec for close to 5 years and assists and coordinates a variety of municipal projects and
environmental infrastructure assignments for the Water group.
EDUCATION
SRDRWC Detailed Design - Olds Lift Station, Olds, AB
(Project Engineer/Project Coordinator)
Bachelor of Science, Civil Engineering, University of
Saskatchewan, Saskatoon, Saskatchewan, 2006
Coordinated and performed detailed design duties for the Olds
Lift Station as part of the the South Red Deer Regional
Wastewater System Project.
AutoCAD 2000 Level 1 Certificate, Saskatchewan
Institute of Applied Science and Technology, Saskatoon,
Saskatchewan, 2003
SRDRWC Detailed Design - Bowden to Innisfail Pipeline,
AB (Project Engineer/Project Coordinator)
MEMBERSHIPS
PROJECT EXPERIENCE
Infrastructure / Asset Management
Cold Lake Regional Utilities Services Commission
Operations and Full Cost Recovery Study, AB
Assessment of water and wastewater infrastructure owned by
the CLRUSC in order to project future costs and rates for water
and wastewater utilities.
Lacombe County Servicing Study, Lacombe, AB (Project
Engineer)
Assessment of infrastructure and related costs required to
provide water and wastewater services to a joint economic area
for the Town of Blackfalds and Lacombe County.
Infrastructure Rehabilitation
Town of Olds 2009, 2010, & 2011 Municipal
Improvement Program, Olds, AB (Project
Engineer/Project Coordinator)
Stantec worked with the Town of Olds to complete the Town's
annual improvement program for the Town's municipal
infrastructure. Stantec was involved in the project from the
planning stage through to the completion of construction. The
Project included pavement overlays, replacement of water
mains, and replacement of sanitary sewers.
Wastewater
SRDRWC Detailed Design - Bowden Lift Station, Bowden,
Coordinated and worked on the detailed designs for the
Bowden Lift Station.
Coordinated and worked on the detailed design for the Bowden
to Innisfail Pipeline portion on the South Red Deer Regional
Wastewater System.
SRDRWC Detailed Design - Innisfail Lift Station, Innisfail,
Coordinated and worked on the Innisfail Lift Station portion of
the South Red Deer Regional Wastewater System Project.
SRDRWC Detailed Design - Innisfail to Penhold Pipeline,
Coordinated and worked on the Innisfail to Pehold Pipeline
portion of the South Red Deer Regional Wastewater System
Project.
SRDRWC Preliminary Design, Innisfail, AB (Project
Coordinated and worked on the Preliminary Design for the
South Red Deer Regional Wastewater System Project.
Central Alberta Regional Wastewater Concept
Refinement Study, Red Deer, AB (Project Engineer)
Stantec refined the original conceptual system in a more
practical system that can be more effectively implemented on a
regional scale.
Water
Town of Innisfail Water Model Update and Reservoir #2
Assessment, Innisfail, AB (Project Engineer/Project
Coordinator)
Completed assessment of Reservoir #2 facility and update to the
Town's water model and provide upgrade recommendations.
MVRWSC Steel Waterline, Red Deer County, AB (Project
Project included design, tendering, and construction of a 600
mm diameter steel waterline extending from the Anthony
Henday Water Treatment Plant to the Town of Innisfail. The
approximate length of the pipeline is 6.4 km.
142
Andrew Robertshaw
P.Eng.
Project Engineer
Alberta Federation of Rural Water Co-ops Risk
Management Best Practices Manual, AB (Project
Member)
Part of a project team that created a Best Practices Manual for
the AB Federation of Rural Water Co-ops.
City of Red Deer 2008 Water Distribution System
Update, Red Deer, AB (Project Engineer)
Provided the City of Red Deer with an update to their hydraulic
water model and an assessment of all their water distribution
facilities.
143
Don W Munro
LGA
Operations Specialist
Don Munro’s past undertakings include assignments in the Public Works, Petroleum, Mining, Heavy Equipment and Road
Construction Industries. Recently, Don worked directly for the Kneehill Regional Water Services Commission during system
startup, overseeing and streamlining operations through commissioning of the new system and training system operators.
He has 20 years experience in the Public Works field as a Manager of Operations and Infrastructure with management
expertise in water and gas utilities operations and maintenance. Don has monitored both fixed amount and cost
reimbursable contracts ensuring quality, quantity and costs are controlled. Don has continued to study and holds two InterProvincial Mechanic Tickets, Level III Water Treatment, Level II Water Distribution and Wastewater Collection along with
Level I Wastewater Treatment and Level III Public Works Supervisor. Don has taken the University of Sacramento
California’s Water and Wastewater certification courses, completed a Local Government Administrator’s Certificate from
the University of Alberta, and is a qualified municipal solid waste facility operator.
Don’s talents include thinking outside the box, to create ideas that will increase effectiveness and efficiency in operations,
and adeptness in planning and coordinating construction projects. Don is active in the Alberta Chapter holding office as
an area idea group director for five years and is currently working with the Public Works Education committee.
EDUCATION
PROJECT EXPERIENCE
Local Government Administrator, University of Alberta,
Water
Mountain View Regional Water System Commission, AB
(Operations Specialist)
Water Treatment Plant Operations I and II, University of
Sacramento, Sacramento, California, 2001
Motor Mechanic / Heavy Duty Mechanic, Northern
Alberta Institute of Technology, Edmonton, Alberta,
1981
Certified Public Works Supervisor Level 3, Canadian
Public Works Association, Red Deer, Alberta, 2002
AutoCAD - Level 1, Grande Prairie Regional College,
Grande Prairie, Alberta, 1997
MEMBERSHIPS
Performed SCADA upgrade in compassing intake treatment and
distribution.
SMRWSC, AB (Construction Manager)
Oversee construction startup and commissioning of 150 km
water main connecting 11 municipalities.
Alberta Federation Regional Water Co-ops (AFRWC),
AB (Operations Specialist)
Development of Best Practice Manual for rural water co-ops.
Broadview Water Reservoir, Blackfalds, AB (Construction
Manager)
Oversee construction and commissioning of water reservoir.
Member, Canadian Public Works Association
Aspen Upland Water Reservoir, Innisfail, AB
(Construction Manager)
Member, Alberta Municipal Health and Safety
Association
KRWSC Regional Waterline, Drumheller, Alberta
(Operations Specialist)
Area Idea Group Director, American Public Works
Association
Member, Alberta Water and Wastewater Operator
Association
Oversee construction and commissioning of water reservoir.
Oversaw system startup, streamlined operations through
commissioning of large linear system, trained new system
operators.
Water Distribution and Transmission Pipelines
Highway 12/21 Bashaw Ferintosh Water Line, AB
(Construction Manager)
Responsible for construction and commissioning of water
pipeline.
144
Don W Munro
LGA
Operations Specialist
Water Supply
Rosedale to Cambria Water Supply Project, Drumheller,
Alberta (Construction Manager)
Oversee construction, startup and commissioning.
Fire Protection
Rocky Mountain House Fire Pump Upgrades, Rocky
Mountain House, AB (Operations Specialist)
Installed new fire pumps and fuel enhancement system.
Project Administration
Infrastructure Services Director*, Whitecourt, Alberta
(Director of Infrastructure Services)
Under the direction of the CAO managed and maintained
Public Works Operations, including 35 staff, 900 kilometers of
roadways, two water treatment plants, distribution systems,
wastewater lagoons, and collection systems.
Public Works Superintendent*, Valleyview, Alberta
(Superintendent for Public Works)
Public Works operations with 12 staff members. 28 km of road
system, water treatment plant, distribution system, wastewater
lagoon and collection systems.
Public Works Supervisor*, Mayerthorpe, Alberta
(Supervisor)
Public Works operations.
Public Works Infrastrucutre Operations*, Three Hills,
Alberta (Manager of Operations and Infrastructure)
Managed and maintained Public Works operation and 15 staff
members, budgeting, 48 km of roadways, water treatment
plant, distribution system, wastewater lagoon, and associated
equipment.
Pumping Facilities
Anthony Henday Water Plant Pump Upgrades, Innisfail,
AB (Operations Specialist)
Removed existing distribution pumps and replaced with larger
distribution pumps.
Wastewater
South Red Deer Regional Wastewater System, Red Deer,
Alberta
Oversee construction, startup and commissioning.
145
Cody Gillrie
E.I.T.
Cody is an Civil E.I.T. who graduated from the University of British Columbia. He has five years experience in heavy
equipment construction which includes the construction of residential infrastructure and commercial developments. Cody will
be assisting in project management and coordination along with contract administration for a variety of projects.
EDUCATION
Bachelor of Applied Science - Civil Engineer, University
of British Columbia, Vancouver, AB, 2011
Civil Engineer Bridge Program, Camosun College,
Victoria, AB, 2009
Civil Engineer Technologist, SAIT Polytech, Calgary, AB,
2008
PROJECT EXPERIENCE
Wastewater
SRDRWC - Bowden Lift Station, Bowden, AB (Project
Engineer)
Part of the team that produced the tender documentation.
SRDRWC - Bowden - Innisfail Alignment, Alberta (Project
Engineer)
Provided project administration and helped produce tender
documentation.
Water
WRWSC - Westlock to Busby Alignment, AB (Project
Engineer)
Produced tender documentation and helped with detailed
design.
Cambria to East Coulee Transmission Line, AB (Project
Engineer)
Part of the project team that developed the preliminary design.
Hwy 12/21 Regional Water System - Ferintosh to
Duhamel Extension, AB (Project Engineer)
Coordinated preliminary design of the water line extension.
Stettler Rural Water - Central Water System, Stettler, AB
(Project Engineer)
Helped obtain crossing agreements and provided contract
administration.
146
Stantec Consulting Ltd.
600 - 4808 Ross Street
Red Deer AB T4N 1X5
Tel: (403) 341-3320
Fax: (403) 342-0969
December 8, 2011
File: 113928100
c/o Town of Olds
4512 - 46th Street
Olds, AB T4H 1R5
Attention:
Mr. Dale Withage
Dear Dale Withage:
Reference:
Stantec Construction Monitoring and Resident Engineering Services – Contract 8
This letter is in response to your email of December 8, 2011 requesting clarification of a number of points
regarding construction monitoring and resident engineering.
1. Confirmation of Construction Monitoring Cost for the SRDRWC if MVRWSC agrees
that Stantec will do the construction monitoring for the water line.
The field serives costs are estimated to be $448,900 . See attached Memo – Field services
during construction for SRDRWC and MVRWSC Bowden to Innisfail Pipelines.
2. Confirmation of Resident Engineering Cost for the SRDRWC if MVRWSC agrees that
Stantec will provide the resident engineering services for the water line.
The resident engineering costs are estimated to be $444,300. See attached Memo –
Resident engineering services during construction for SRDRWC and MVRWSC Bowden to
Innisfail Pipelines.
3. Confirmation of Construction Monitoring Cost for the SRDRWC if MVRWSC decides
to go with a third party for the construction monitoring services for the water line.
The field services costs are estimated to be $306,500. See attached manpower allocation
spreadsheet for field services for SRDRWC alone.
4. Confirmation of Resident Engineering Cost for the SRDRWC if MVRWSC decides to
go with a third party for the resident engineering services for the water line.
The resident engineering costs are estimated to be $297,800. See attached manpower
allocation spreadsheet for resident engineering for SRDRWC alone.
ajr u:\113928100_srdrwc_detail_design\01-correspondence\01a - client correspondence\2011\let_dw_response to reseng concerns_dec8_11.docx
147
148
149
150
12/9/2011
SRDRWC / MVRWSC Field Services During Construction
MVRWSC / SRDRWC
Innisfail to Bowden Pipeline
Field Services - Manpower Allocation Sheet
$
123
$
105
$
96
$
114
$
123
$
2 Man Survey Crew
Senior Project
Administration
Senior Field Inspector
Field Inspector
GIS Specialist
CADD Technologist
Project Engineer
Cody Gillrie, EIT
Project Engineer
Andrew Robertshaw,
P.Eng.
152
139
$
90
$
195
Total Cost
$
Vehicle Expenses
194
Disbursements @ 8.0%
$
Total Labour Costs
172
Total Hours
$
Project Engineer
Stephan Weninger, P.Eng
Description
Senior Project Advisor
Todd Simenson, P.Eng
Project Manager
Tim Ainscough , P.Eng.
Task No.
Project Team
1
1.1
Project Layout Survey
Survey baseline layout / control points
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
75
75
75
75
$
$
14,625
14,625
$
$
1,170
1,170
$
$
-
$
$
15,795
15,795
2
2.1
2.2
Field Inspection During Construction
Full time construction monitoring
GIS data collection
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
480
0
480
1029
1029
0
1286
1286
0
0
0
0
0
0
0
2795
2315
480
$
$
$
360,041
305,321
54,720
$
$
$
28,803
24,426
4,378
$
$
$
31,200
24,000
7,200
$
$
$
420,044
353,747
66,298
3
3.1
3.2
Project Closeout
Construction completion / waranty inspection
Landowner concerns and signoff
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
20
20
0
65
25
40
0
0
0
0
0
0
85
45
40
$
$
$
11,495
5,935
5,560
$
$
$
920
475
445
$
$
$
650
250
400
$
$
$
13,065
6,660
6,405
0
0
0
0
0
0
480
1,049
1,351
0
75
2,955
$ 129,027
$ 187,789
$
386,161
$
30,893
$
31,850
$
448,904
Project Hours:
Project Costs
Notes:
$
-
$
-
$
-
$
-
$
-
$
-
$
54,720
$
-
$
14,625
- 5 months of full time construction monitoring for a senior field inspector
- 4 months of full time construction monitorign for a field inspector
151
Field Inspection_Manpower Allocation Sheet_Dec6_11.xlsx
152
153
12/9/2011
SRDRWC / MVRWSC Resident Engineering Services During Construction
MVRWSC / SRDRWC
Innisfail to Bowden Pipelines
Resident Engineering and Project Administration - Manpower Allocation Sheet
152
123
$
105
$
96
$
114
$
123
$
Senior Project
Administration
Field Inspector
GIS Specialist
CADD Technologist
Project Engineer
Cody Gillrie, EIT
Project Engineer
Andrew Robertshaw, P.Eng.
$
139
$
90
Total Cost
$
Vehicle Expenses
194
$
Total Labour Costs
172
Total Hours
$
Project Engineer
Description
Project Manager
Task No.
Project Team
1
1.1
1.2
1.3
1.4
Project Initiation
Prepare Contract Documents
Contractor and municipality review meetings
Preconstruction meeting
Landowner Open House
26
4
10
4
8
2
0
2
0
0
2
0
0
2
0
42
4
15
8
15
73
8
30
15
20
4
0
0
0
4
0
0
0
0
0
4
0
0
0
4
17
2
8
3
4
40
15
10
10
5
210
33
75
42
60
$
$
$
$
$
24,834
3,648
9,115
4,868
7,203
$
$
$
$
$
1,987
292
729
389
576
$
$
$
$
$
151
150
1
$
$
$
$
$
26,972
3,940
9,994
5,257
7,780
2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
Project Administration During Construction
Bi-weekly construction meetings
Respond to RFI's from the contractor
Shop drawing review
Changes: CCNs, and change orders
Progress payments
Meetings with Red Deer County
Meetings with landowners
Coordination of Subconsultants
Construction documentation
305
45
30
20
25
25
20
70
20
50
66
6
15
15
10
10
0
0
0
10
148
20
48
30
20
20
0
0
0
10
610
70
100
80
80
70
60
30
30
90
1105
185
155
145
145
130
85
85
50
125
171
6
40
25
40
40
10
10
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
130
10
10
10
20
50
5
5
0
20
2535
342
398
325
340
345
180
200
100
305
$
$
$
$
$
$
$
$
$
$
306,931
41,455
48,681
39,275
39,985
39,880
21,155
26,065
12,380
38,055
$
$
$
$
$
$
$
$
$
$
24,554
3,316
3,894
3,142
3,199
3,190
1,692
2,085
990
3,044
$
$
$
$
$
$
$
$
$
$
20,300
17,100
400
1,400
400
1,000
$
$
$
$
$
$
$
$
$
$
351,785
61,871
52,575
42,417
43,184
43,070
23,247
29,550
13,770
42,099
3
3.1
3.2
3.3
3.4
Project Closeout
Construction completion certificate
Final progress payment
As-constructed drawing reviews
Project completion binder
50
10
10
15
15
16
4
4
4
4
40
8
8
16
8
55
10
15
15
15
130
30
25
30
45
80
10
10
40
20
50
0
0
50
0
0
0
0
0
0
30
0
0
0
30
55
10
10
10
25
506
82
82
180
162
$
$
$
$
$
60,699
9,952
10,042
21,223
19,482
$
$
$
$
$
4,856
796
803
1,698
1,559
$
$
$
$
$
-
$
$
$
$
$
65,555
10,748
10,845
22,921
21,041
381
84
190
707
1,308
255
50
4
47
225
3,251
$
392,464
$
31,397
$
20,451
$
444,312
$
65,532
$
16,296
$
28,880
$
86,961
$ 137,340
$
24,480
$
5,700
$
492
$
6,533
$
20,250
154
Resident Eng_Manpower Allocation Sheet_Dec6_11.xlsx
12/9/2011
SRDRWC / MVRWSC Field Services During Construction
SRDRWC Alone
Innisfail to Bowden Pipeline
Field Services - Manpower Allocation Sheet
$
123
$
105
$
96
$
114
$
123
$
2 Man Survey Crew
Senior Project
Administration
Field Inspector
GIS Specialist
CADD Technologist
Project Engineer
Cody Gillrie, EIT
Project Engineer
Andrew Robertshaw,
P.Eng.
152
139
$
90
$
195
Total Cost
$
Vehicle Expenses
194
$
Total Labour Costs
172
Total Hours
$
Project Engineer
Description
Project Manager
Task No.
Project Team
1
1.1
Project Layout Survey
Survey baseline layout / control points
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
75
75
75
75
$
$
14,625
14,625
$
$
1,170
1,170
$
$
-
$
$
15,795
15,795
2
2.1
2.2
Field Inspection During Construction
Full time construction monitoring
GIS data collection
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
310
0
310
643
643
0
900
900
0
0
0
0
0
0
0
1853
1543
310
$
$
$
239,483
204,189
35,294
$
$
$
19,159
16,335
2,824
$
$
$
19,044
14,400
4,644
$
$
$
277,686
234,924
42,762
3
3.1
3.2
Project Closeout
Construction completion / waranty inspection
Landowner concerns and signoff
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
20
20
0
65
25
40
0
0
0
0
0
0
85
45
40
$
$
$
11,495
5,935
5,560
$
$
$
920
475
445
$
$
$
650
250
400
$
$
$
13,065
6,660
6,405
0
0
0
0
0
0
310
663
965
0
75
2,013
$
265,603
$
21,248
$
19,694
$
306,546
Project Hours:
Project Costs
Notes:
$
-
$
-
$
-
$
-
$
-
$
-
$
35,294
$
81,549
$ 134,135
$
-
$
14,625
- 3.5 months of full time construction monitoring for a senior field inspector
- 2.5 months of full time construction monitorign for a field inspector
155
SRD only Field Inspection_Manpower Allocation Sheet_Dec6_11.xlsx
12/9/2011
SRDRWC / MVRWSC Resident Engineering Services During Construction
SRDRWC Alone
Innisfail to Bowden Pipelines
Resident Engineering and Project Administration - Manpower Allocation Sheet
152
123
$
105
$
96
$
114
$
123
$
Senior Project
Administration
Field Inspector
GIS Specialist
CADD Technologist
Project Engineer
Cody Gillrie, EIT
Project Engineer
Andrew Robertshaw, P.Eng.
$
139
$
90
Total Cost
$
Vehicle Expenses
194
$
Total Labour Costs
172
Total Hours
$
Project Engineer
Description
Project Manager
Task No.
Project Team
1
1.1
1.2
1.3
1.4
Project Initiation
Prepare Contract Documents
Contractor and municipality review meetings
Preconstruction meeting
Landowner Open House
19
3
7
3
6
2
0
2
0
0
2
0
0
2
0
29
3
10
6
10
48
6
19
10
13
3
0
0
0
3
0
0
0
0
0
3
0
0
0
3
13
2
6
2
3
28
10
7
7
4
147
24
51
30
42
$
$
$
$
$
17,551
2,693
6,281
3,516
5,061
$
$
$
$
$
1,404
215
502
281
405
$
$
$
$
$
151
150
1
$
$
$
$
$
19,106
2,908
6,933
3,797
5,467
2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
Project Administration During Construction
Bi-weekly construction meetings
Respond to RFI's from the contractor
Shop drawing review
Changes: CCNs, and change orders
Progress payments
Meetings with Red Deer County
Meetings with landowners
Coordination of Subconsultants
Construction documentation
Coordination with MVRWSC Field Inspector
256
29
19
13
16
16
13
45
13
32
60
35
4
0
10
7
7
0
0
0
7
0
52
0
0
19
13
13
0
0
0
7
0
428
45
63
51
51
45
38
19
19
57
40
730
117
98
92
92
82
54
54
32
79
30
108
0
26
16
26
26
7
7
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
87
7
7
7
13
32
4
4
0
13
0
1696
202
213
208
218
221
116
129
64
195
130
$
$
$
$
$
$
$
$
$
$
$
206,218
24,214
24,433
25,163
25,685
25,607
13,612
16,779
7,933
24,402
18,390
$
$
$
$
$
$
$
$
$
$
$
16,497
1,937
1,955
2,013
2,055
2,049
1,089
1,342
635
1,952
1,471
$
$
$
$
$
$
$
$
$
$
$
12,160
10,100
260
900
260
640
-
$
$
$
$
$
$
$
$
$
$
$
234,875
36,251
26,388
27,176
27,740
27,656
14,961
19,021
8,828
26,994
19,861
3
3.1
3.2
3.3
3.4
Project Closeout
Construction completion certificate
Final progress payment
As-constructed drawing reviews
Project completion binder
34
7
7
10
10
12
3
3
3
3
29
6
6
11
6
37
7
10
10
10
83
19
16
19
29
53
7
7
26
13
32
0
0
32
0
0
0
0
0
0
19
0
0
0
19
37
7
7
7
16
336
56
56
118
106
$
$
$
$
$
40,557
6,856
6,910
13,973
12,818
$
$
$
$
$
3,245
548
553
1,118
1,025
$
$
$
$
$
-
$
$
$
$
$
43,802
7,404
7,463
15,091
13,843
309
49
83
494
861
164
32
3
32
152
2,179
$
264,326
$
21,146
$
12,311
$
297,783
$
53,148
$
9,506
$
12,616
$
60,762
$
90,405
$
15,744
$
3,648
$
369
$
4,448
$
13,680
156
SRD only_Resident Eng_Manpower Allocation Sheet_Dec6_11.xlsx
157
158
159
160
161
November 28, 2011
Hi Dale
We have reviewed the Professional Services contract between the Commission and Stantec.
That contract is dated December 21, 2007 and by the terms of the agreement has expired.
However, Stantec has continued to perform services under that agreement and the Commission
has accepted those services.
For the purposes of this opinion, we are treating the 2007 agreement as if it remained in effect,
notwithstanding that there has not been a formal extension of the term of the agreement.
We understand that the design work on Phase 2 of the project has been completed and that
work tendered.
A concern has been expressed by the Mountain View Regional Water Services Commission
which has a line included in the design work regarding having Stantec perform the construction
monitoring. MVWC does not have a concern regarding Stantec performing the Resident
Engineer functions.
The Professional Services Contract identifies two relevant areas of work; general engineering
during construction and resident engineering during construction. There is a separate scope of
work for each of those areas and a separate fee for each.
The general terms that would form part of the construction contract with the successful tenderer
also address these two areas.
The Professional Services Contract does not contain an express provision that would allow the
Commission to unilaterally remove some or all of the scope of work from Stantec. This means
that in order to replace Stantec as the party responsible for General Engineering during
construction, the Commission and Stantec would have to negotiate that change to the
Professional Services Contract. Revisions would also be necessary to the General Terms of
the Construction contract to provide certainty and clarity as to the responsibilities of Stantec as
the Resident Engineer and such other engineer that would be retained to carry out the
construction monitoring.
The Professional Services Contract does allow the Commission to terminate the contract totally
on 30 days notice. As Stantec has done the design this is likely not the most cost effective
approach at this point in time. However, if negotiating a change to the scope of work was
desired by the Commission and resisted by Stantec, this option is available (a reminder that this
provision exists might make Stantec more reasonable in the negotiating process).
I hope these comments are of assistance.
My partner Tim Mavko assisted in the review of the documents that you provided. If you have
further questions, feel free to contact the writer of Tim (780-497-3331).
Regards
Sheila
Sheila C. McNaughtan, Q.C.
Reynolds, Mirth, Richards and Farmer, LLP
3200, 10180-101 Street
Edmonton, AB, T5J 3W8
Phone: (780) 497-3362
Fax: (780) 429-3044
www.rmrf.com
162
December 19, 2011
TITLE:
Consulting Engineering Agreement with Stantec
RECOMMENDATION:
That the SRDRWC Board receives for information the RFD and report from
Administration and directs Administration to finalize negotiations with Stantec on an
extension of the Professional Services Agreement as discussed.
Municipal Government Act, Statutes of Alberta 2000, Chapter M-26 MGA - Section 602.1 states “A
commission has natural person powers, except to the extent that they are limited by this or any other
enactment.” Section 180(1) states: “A council may act only by resolution or bylaw.”
BACKGROUND:
In December 2007, Stantec submitted their Proposal for Engineering Services to the SRDRW
Committee. The Proposal was accepted by the Committee and a Professional Services Agreement
(attached to the RFD on Contract 8) was entered into with Stantec effective December 21, 2007. The
estimated completion date in the Agreement is August 2, 2010. We have continued to work with Stantec
on the basis that the Agreement is still in effect.
The Board reviewed the Professional Services Agreement at the May 30, 2011 Special Board meeting
and directed Administration to have further meetings with Stantec to address the points raised at the
meeting.
Administration has had two meetings with Stantec to discuss construction monitoring of contracts to date
and to discuss updating and renewing the Professional Services Agreement. Because this is a legal
issue and still in the negotiation stage Administration will verbally present the changes Stantec has
proposed and update the Board on what has been negotiated and discussed to date at the Board
meeting. This discussion should be done in a closed meeting.
ALTERNATIVES:
1. That the SRDRWC Board receives for information the RFD and report from Administration and directs
Administration to finalize negotiations with Stantec on an extension of the Professional Services
Agreement as discussed.
2. That the SRDRWC Board directs Administration to provide additional information before the Board
decides if it wants to extend the contract with Stantec.
srdrwc.com
163
 Page 2
Consulting Engineering Agreement with Stantec
December 19, 2011
3. That the SRDRWC Board defers discussion on the Professional Services Agreement with Stantec
until the issues and terms have been addressed on Contract 8 - Bowden to Innisfail pipeline
construction monitoring and resident engineering services.
FINANCIAL IMPLICATIONS / SOURCE OF FUNDING:
The current contract price is for $6,474,600 broken down as follows:
Engineering Fees to Complete Detailed Design ¹
Instrumentation, Controls and Electrical ²
Non-Construction Services Allowances ³
Disbursements
$4,510,000
$ 450,000
$1,035,000
$ 479,600
Note ¹ - Engineering Fees to Complete Detailed Design include, but are not limited to, project
management, schematic design, lift station detailed design, pipeline detailed design, sewage
quality analysis and forecasting, flow balancing scenarios, transient and attenuation modeling, river
crossing and drawings and specifications. The cost breakdown for these services and some of
tasks relating to these services are listed in Table 1 in Stantec’s “Proposal for Detailed Design”
dated December 10, 2007.
Note ² - Instrumentation, Controls and Electrical fees include, but are not limited to, system
schematics, electrical, controls architecture, coordination with existing controls interfaces, and
instrumentation (flow and quality measurement). The cost breakdown for these services are listed
in Table 3 in Stantec’s “Proposal for Detailed Design” dated December 10, 2007.
Note ³ - Non-Construction Services Allowances include, but are not limited to, land assembly,
environmental and regulatory costs and engineering related costs. Some of the possible nonconstruction services allowances and their projected costs are listed in Table 4 in Stantec’s
“Proposal for Detailed Design” dated December 10, 2007.
The Agreement also outlines the fees for Construction Engineering Services which include tenders,
construction management, resident engineering and commissioning and testing. These fees are based
on a percentage of the construction costs. The breakdown of the fees for each of these services is listed
in Table 2 in Stantec’s “Proposal for Detailed Design” dated December 10, 2007.
The fees outlined in the Agreement are included in the Construction Capital Budget and under the
funding agreement with the Province, 90% will be covered under the Water for Life funding and the
Commission is responsible for the remaining 10%. To date we have received $4,428,720 from the
Province for Detailed design work.
_________________________________
164

SRDRWC Special Board Meeting

Transcription

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