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2011-06-06_Agenda Packet--Dossier de l'ordre du jour � �.� c� �.,- 4 cc�'u' /�' � �� r City of Saint John Common Council Meeting Monday,June 06, 20ll Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall Regular Meeting 1. Call to Order—Prayer 6:00 p.m. Council Chamber 1.Oa,b) Approval of Minutes 1.1 Nominating Committee 10.2(4)(b) 1.2(a,b,c,d) Financial Matter 10.2(4)(c) 1.3 Financial Matter 10.2(4)(c,j) 1.4 Employment Matter 10.2(4)(c,j) 1.5 Land Matter 10.2(4)(c,d) 1.6 Employment Matter 10.2(4)(b,j) 2. Approval of Minutes 2.1 Approval of Minutes - May 24th, 2011 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Harbourview Subdivision Water System Disinfection - Ocean Drive (Recommendation: Receive for Information) 5.2 Loch Lomond Watershed Clean-Up Day Update (Recommendation: Receive for Information) 5.3 License to Operate a Vendor Market (Recommendation in Report) 5.4 General Specifications Policy Revisions - Divisions 2, 4 & 6 (Recommendation in Report) 5.5 Engineering Inspection Services 20ll (Recommendation in Report) 5.6 Proposal for Eng. Design & Construction Mgmt. Services Lancaster Waste Water Facility Entrance Road Alteration (Recommendation in Report) 5.7 Engineering Services: Bleury Street/Danells Dr- Street Reconstruction & Molson Av - Storm Sewer(Recommendation in Report) 5.8 Engineering Services: Westfield Road - Street Reconstruction (Recommendation in Report) 5.9 Funding Request - Saint John Track Club (Recommendation in Report) 5.10 Proposed Public Hearing Dates (Recommendation in Report) 5.11 Purchase and Sale Agreement - 1 ll Molson Av (Recommendation in Report) 5.12 Relocation of Electrical Room/Washroom- Carleton Community Centre (Recommendation in Report) 5.13 Washroom Upgrades Fire Station#2 (Recommendation in Report) 5.14 Easement Acquisition for Municipal Storm Sewer Line 440 Rothesay Av - King Mazda Property (Recommendation in Report) 5.15 License Agreements with Hargo Jet Boat Tour Inc. Fallsview Park and Red School House (Recommendation in report) 5.16 Business Community Anti-Poverty Initiative (Recommendation: Refer to City Manager) 6. Members Comments 7. Proclamation 7.1 Shriners International Awareness Week June 6 - 12, 2011 8. Delegations / Presentations 8.1 East Side Motivators 8.2 Saint John Destination Marketing Organization 9. Public Hearings 10. Consideration of By-laws 101(a) Third Reading Zoning By-Law Amendment - 646 Fairville Blvd 101(b) Section 39 Conditions 10.2(a) Third Reading Zoning By-Law Amendment- 46 Westmorland Rd 10.2(b) Section 39 Conditions 10.3 Third Reading - Street Closing By-Law Amendment Portion of Milford Rd 11. Submissions by Council Members 11.1 Presentation from the Saint John Airport (Deputy Mayor Chase) - Tabled on May 24, 2011 11.2 Morna Heights School Preservation (Councillor McGuire) 12. Business Matters-Municipal Officers 12.1 City Manager: Tenders for Various Trucks 12.2 City Manager. Westfield Road Phase A1 (Civic #1814 to Civic #1920) Street Reconstruction 12.3 City Manager: Riverview Avenue SLS No. 30 & Force Main 12.4 City Manager: Champlain Street West Overnight Winter Parking 12.5 City Manager: General Specifications - 2011 Technical Revisions 12.6 City Manager: "2 Bags or Less" Voluntary Pilot Project 12.7 City Manager: Fallsview Park Proposed Amendment to the Peddlers and Hawkers By-Law 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 6 juin 2011 Comite plenier l. Ouverture de la seance 17 h Salle de conference du 8e etage, hotel de ville Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h Salle du conseil 1.Oa,b) Approbation du proces-verbal 1.1 Comite des candidatures 10.2(4)b) 1.2a),b), c), d) Question financiere—alinea 10.2(4)c) 1.3 Question financiere—alineas 10.2(4)c),j) 1.4 Question relative a 1'emploi—alineas 10.2(4)c),j) 1.5 Question relative aux biens-fonds—alineas 10.2(4)c), d) 1.6 Question relative a 1'emploi—alineas 10.2(4)b),j) 2. Approbation du proces-verbal 2.1 Approbation du proces-verbal de la seance tenue le 24 mai 2011 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Desinfection du reseau d'aqueduc du lotissement Harbourview— promenade Ocean (recommandation : accepter a titre informati� 5.2 Mise a jour de la journee de nettoyage du bassin versant Loch Lomond (recommandation : accepter a titre informati� 5.3 Licence d'exploitation d'un marche de vendeurs (recommandation figurant au rapport) 5.4 Examen de la politique relative aux specifications generales des sections 2, 4 et 6 (recommandation figurant au rapport) 5.5 Services d'inspection d'ingenierie 2011 (recommandation figurant au rapport) 5.6 Proposition relative aux services de conception technique et de gestion de la construction—Degradation de la voie d'acces a 1'installation de traitement des eaux usees de Lancaster (recommandation figurant au rapport) 5.7 Services d'ingenierie relativement a la rue Bleury/promenade Danells— Travaux de refection de 1'avenue Molson et egouts pluviaux (recommandation figurant au rapport) 5.8 Services d'ingenierie : Refection du chemin Westfield(recommandation figurant au rapport) 5.9 Demande de financement—Club d'athletisme de Saint John/Saint John Track Club (recommandation figurant au rapport) 5.10 Dates proposees pour les audiences publiques (recommandation figurant au rapport) 5.11 Convention d'achat-vente visant la propriete situee au 111, avenue Molson (recommandation figurant au rapport) 5.12 Deplacement du local electrique et des toilettes du centre communautaire Carleton (recommandation figurant au rapport) 5.13 Travaux d'amelioration aux salles de bains de la caserne de pompier ri 2 (recommandation figurant au rapport) 5.14 Acquisition d'une servitude relative au reseau d'egout municipal visant le 440, avenue Rothesay—concession d'automobiles King Mazda (recommandation figurant au rapport) 5.15 Contrats de licence conclus avec Hargo Jet Boat Tour Inc.,Fallsview Park et Little Red School House (recommandation figurant au rapport) 5.16 Initiative contre la pauvrete du secteur des affaires (recommandation : transmettre au directeur general) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de sensibilisation de Shriners International du 6 au 12 juin 2011 8. Delegations et presentations 8.1 Initiatives pour la valarisation du quartier est 8.2 Organisme Destination Marketing de Saint John 9. Audiences publiques 10. Etude des arretes municipaux l0.la) Troisieme lecture du projet de modification de 1'Arrete de zonage visant le 646,boulevard Fairville l0.lb) Conditions imposees par 1'article 39 10.2a) Troisieme lecture du projet de modification de 1'Arrete de zonage visant le 46, chemin Westmorland 10.2b) Conditions imposees par 1'article 39 10.3 Troisieme lecture du projet de modification de 1'Arrete concernant la fermeture de routes visant un tron�on du chemin Milford 1L Interventions des membres du conseil 11.1 Presentation de 1'aeroport de Saint John (maire suppleant Chase)—Point reporte lors de la seance du 24 mai 2011 11.2 Sauvegarde de 1'Ecole Morna Heights (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Soumissions relatives a divers camions 12.2 Directeur general : Phase A1 en vue de la refection du chemin Westfield(du numero municipal 1814 au numero municipal 1920) 12.3 Directeur general : Poste de relevage des eauX usees ri 30 et conduites de refoulement de 1'avenue Riverview 12.4 Directeur general : Stationnement sur rue en hiver la nuit sur la rue Champlain Ouest 12.5 Directeur general : Specifications generales relatives a 1'examen technique en 2011 12.6 Directeur general : Projet pilote de benevolat « 2 Sacs ou moins » 12.7 Directeur general : Modification de 1'arrete relatif aux colporteurs et aux revendeurs proposee pour le secteur Fallsview Park 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance 96-203 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 COMMON COUNCIL MEETING —THE CITY OF SAINT JOHN CITY HALL— MAY 24, 2011 —7:00 P.M. Present: Ivan Court, Mayor - and - Councillors Court, Farren, Higgins, McGuire, Norton, Snook, Sullivan, and Titus - and - P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham, Comptroller; S. Galbraith, Director of Works; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; J. Fleming, Police Staff Sergeant; D. Logan, Manager of Materials and Fleet, E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 24 MAI 2011 A 19 H Sont presents : Ivan Court, maire - et - les conseillers Court, Farren, McGuire, Norton, Snook, Sullivan et la conseillere Higgins - et - P. Woods, directeur general; J. Nugent, avocat municipal; C. Graham, controleuse; S. Galbraith, directeur des travaux publics; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; J. Flemming, sergent d'etat-major du Service de police; D. Logan, chef de I'approvisionnement et du parc automobile, E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Call To Order— Prayer Mayor Court called the meeting to order and Reverend Eric Phinney offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le reverend Eric Phinney recite la priere d'ouverture. Premier's Award for Energy Efficiency The Commissioner of Buildings and Inspection Services advised that The City of Saint John and the Saint John Transit Commission have been awarded the Premier's Award for Energy Efficiency. Mayor Court and Councillor Titus accepted the awards on behalf of The City of Saint John and the Transit Commission respectively. 6 96-204 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting, with the addition of items 13.6 Committee of the Whole: Draft City of Saint John Response to the Draft Land Use Plan for the Saint John Port Authority; 13.7 Committee of the Whole: Development of the HarbourFront Residences at Three Sisters, be approved; and further, that items 8.1 Mixed Martial Arts (MMA) By-Law Proposal and 13.2a) Planning Advisory Committee: Cedar Point Anchorage Subdivision (Phase 7), be moved forward on the agenda. Question being taken, the motion was carried. Prix du premier ministre pour I'efficacite energetique Le commissaire aux Services d'inspection et des batiments informe le conseil que The City of Saint John et la Commission des transports de Saint John ont re�u le prix du premier ministre pour I'efficacite energetique. Le maire Court et le conseiller Titus ont accepte ce prix au nom de The City of Saint John et de la Commission des transports, respectivement. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout des points 13.6 Comite plenier— Ebauche de reponse de The City of Saint John au projet de plan d'utilisation des terres pour I'Administration portuaire de Saint John et 13.7 Comite plenier—Amenagement des Harbourfront Residences a Three Sister, et, de plus, que les points 8.1 Proposition relative a I'Arrete sur les arts martiaux mixtes et 13.2a) Comite consultatif d'urbanisme — Lotissement Cedar Point Anchorage (phase 7) soient avances dans I'ordre du jour. A I'issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By-Law Amendment 646 Fairville Boulevard 9.1(b) Planning Advisory Committee Recommending Rezoning with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 5100 square metres, located at 646 Fairville Boulevard, also identified as PID numbers 55056832, 00034140, 00034132, 00035030, 00036525, 55061295, 55203020, a portion of PID 55210694 and a portion of Fairville Boulevard, from "I-1" Light Industrial and "RM-1" Three Storey Multiple Residential to "SZ-22" Special Zone #22, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 17, 2011 meeting at which the Committee recommended the rezoning of a parcel of land located at 646 Fairville Boulevard as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Doug Bundy, representing the property owner, stating that he is in agreement with the staff report and recommendation. On motion of Councillor Norton Seconded by Councillor Sullivan RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of 7 96-205 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 approximately 5100 square metres, located at 646 Fairville Boulevard, also identified as PID numbers 55056832, 00034140, 00034132, 00035030, 00036525, 55061295, 55203020, a portion of PID 55210694 and a portion of Fairville Boulevard, from "I-1" Light Industrial and "RM-1" Three Storey Multiple Residential to "SZ-22" Special Zone #22, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By-Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 5100 square metres, located at 646 Fairville Boulevard, also identified as PID numbers 55056832, 00034140, 00034132, 00035030, 00036525, 55061295, 55203020, a portion of PID 55210694 and a portion of Fairville Boulevard, from "I-1" Light Industrial and "RM-1" Three Storey Multiple Residential to "SZ-22" Special Zone #22, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled "A Law to Amend the Zoning By-Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arrete de zonage visant le 646, boulevard Fairville 9.1b) Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 5 100 metres carres situee au 646, boulevard Fairville, egalement inscrite sous les NID 55056832, 00034140, 00034132, 00035030, 00036525, 55061295 et 55203020, d'une partie du terrain portant le NID 55210694 et d'un tron�on du boulevard Fairville, afin de faire passer la classification s'y rapportant de zone d'industrie legere « I-1 » et de zone d'edifices a logements multiples de trois etages « RM-1 » a zone speciale n° 22 « SZ-22 », et qu'aucune objection n'a ete re�ue a cet egard. Le conseil etudie egalement un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme examine lors de la seance du 17 mai 2011, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 646, boulevard Fairville, telle qu'elle est decrite ci-dessus, sous reserve des conditions prevues a I'article 39. Le maire invite le public a exprimer son opposition quant a la modification, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Doug Bundy, qui represente le proprietaire de la propriete, se prononce en faveur de la recommandation et du rapport du personnel. Proposition du conseiller Norton Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 5 100 metres carres situee au 646, boulevard Fairville, egalement inscrite sous les NID 55056832, 00034140, 00034132, 00035030, 00036525, 55061295 et 55203020, d'une partie du terrain portant le NID 55210694 et d'un tron�on du boulevard Fairville, afin de faire passer la classification s'y rapportant de zone d'industrie legere « I-1 » et de zone d'edifices a logements multiples de trois etages « RM-1 » a zone speciale n° 22 « SZ-22 », fasse I'objet d'une premiere lecture. ,4 I'issue du vote, la proposition est adoptee. 8 96-206 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 5 100 metres carres situee au 646, boulevard Fairville, egalement inscrite sous les NID 55056832, 00034140, 00034132, 00035030, 00036525, 55061295 et 55203020, d'une partie du terrain portant le NID 55210694 et d'un tron�on du boulevard Fairville, afin de faire passer la classification s'y rapportant de zone d'industrie legere « I-1 » et de zone d'edifices a logements multiples de trois etages « RM-1 » a zone speciale n° 22 « SZ-22 », fasse I'objet d'une deuxieme lecture. ,4 I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.2(a) Proposed Zoning By-Law Amendment 46 Westmorland Road 9.2(b) Planning Advisory Report Recommending Rezoning with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 990 square metres, located at 46 Westmorland Road, also identified as PID numbers 00319657 and 55076053, from "R-2" One and Two Family Residential to "RM-1" Three Storey Multiple Residential, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 17, 2011 meeting at which the Committee recommended the rezoning of a parcel of land located at 46 Westmorland Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 990 square metres, located at 46 Westmorland Road, also identified as PID numbers 00319657 and 55076053, from "R-2" One and Two Family Residential to "RM-1" Three Storey Multiple Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By-Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 990 square metres, located at 46 Westmorland Road, also identified as PID numbers 00319657 and 55076053, from "R-2" One and Two Family Residential to "RM-1" Three Storey Multiple Residential, be read a second time. Question being taken, the motion was carried. 9 96-207 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 Read a second time by title, the by-law entitled "A Law to Amend the Zoning By-Law of The City of Saint John." 9.2a) Projet de modification de I'Arrete de zonage visant le 46, chemin Westmorland 9.2b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions prevues a I'article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 990 metres carres situee au 46, chemin Westmorland, inscrite egalement sous les NID 00319657 et 55076053, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R-2 » a zone d'edifices a logements multiples de trois etages « RM-1 », et qu'aucune objection n'a ete re�ue a cet egard. Le conseil etudie egalement un rapport du Comite consultatif d'urbanisme qui contient un exemplaire du rapport du personnel d'urbanisme examine durant la seance du 17 mai 2011 pendant laquelle le Comite a recommande le rezonage de la parcelle de terrain situee au 46, chemin Westmorland, telle qu'elle est decrite ci-dessus, sous reserve des conditions prevues a I'article 39. Le maire invite le public a exprimer son opposition quant a la modification, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant a la modification, mais personne ne prend la parole. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 46, chemin Westmorland, d'une superficie d'environ 990 metres carres, inscrite egalement sous les NID 00319657 et 55076053, pour faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R-2 » a zone d'edifices a logements multiples de trois etages « RM-1 », fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 46, chemin Westmorland, d'une superficie d'environ 990 metres carres, inscrite egalement sous les NID 00319657 et 55076053, pour faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R-2 » a zone d'edifices a logements multiples de trois etages « RM-1 », fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.3 Proposed Street Closing — Portion of Milford Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed by-law amendment to stop up and close a portion of Milford Road, by adding thereto Section 219 immediately after Section 218 thereof, with no objections received. 10 96-208 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Councillor Snook Seconded by Councillor Norton RESOLVED that the by-law entitled "A By-Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" regarding a portion of Milford Road by adding thereto Section 219 immediately after Section 218 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled "A By-Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." On motion of Councillor Snook Seconded by Councillor Norton RESOLVED that the by-law entitled "A By-Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" regarding a portion of Milford Road by adding thereto Section 219 immediately after Section 218 thereof, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled "A By-Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." 9.3 Projet de fermeture d'un tron�on du chemin Milford La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification de I'Arrete concernant la fermeture et le barrage de routes—tron�on du chemin Milford, I'article 219 ayant ete ajoute immediatement apres I'article 218, et qu'aucune objection n'a ete re�ue a cet egard. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant a la modification proposee, mais personne ne prend la parole. Proposition du conseiller Snook Appuyee par le conseiller Norton RESOLU que I'arrete intitule « Arrete sur I'interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un tron�on du chemin Milford par I'ajout de I'article 219 immediatement apres I'article 218, fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete sur I'interruption de la circulation et la fermeture des routes dans The City of Saint John ». Proposition du conseiller Snook Appuyee par le conseiller Norton RESOLU que I'arrete intitule « Arrete sur I'interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un tron�on du chemin Milford par I'ajout de I'article 219 immediatement apres I'article 218, fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete sur I'interruption de la circulation et la fermeture des routes dans The City of Saint John ». 11 96-209 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 2. Approval of Minutes 2.1 Minutes of April 26, 2011 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on April 26, 2011, be approved. Question being taken, the motion was carried. 2.2 Minutes of May 9, 2011 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on May 9, 2011, be approved. Question being taken, the motion was carried. 2. Approbation du proces-verbal 2.1 Proces-verbal de la seance tenue le 26 avril 2011 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le proces-verbal de la seance du conseil communal tenue le 26 avril 2011 soit approuve. A I'issue du vote, la proposition est adoptee. 2.2 Proces-verbal de la seance tenue le 9 mai 2011 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le proces-verbal de la seance du conseil communal tenue le 9 mai 2011 soit approuve. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest The City Solicitor and the City Manager declared a conflict with item 13.2(a,b) Cedar PointAnchorage Subdivision; Councillors Sullivan and Higgins declared a conflict with items 11.4 Preservation of Morna Heights School and 13.7 Committee of the Whole: Development of the Harbourfront Residences at Three Sisters, respectively. 4. Divulgations de conflits d'interets L'avocat municipal et le directeur general declarent etre en conflit d'interets avec les points 13.2a) et 13.2b) Lotissement Cedar Point Anchorage; la conseillere Higgins et le conseiller Sullivan declarent etre en conflit d'interets avec les points 11.4 Sauvegarde de 1'Ecole Morna Heights et 13.7 Comite plenier—Amenagement des Harbourfront Residences a Three Sisters, respectivement. 8. Delegations/Presentations The City Solicitor stated that, as a result of Council receiving a request to consider establishing a by-law to regulate mixed martial arts (MMA) in the City of Saint John, he was directed by Council to examine the issue and report back. Mr. Nugent advised that based on his review of the topic, having examined Provincial and Federal legislation, he concluded that municipalities in New Brunswick have not been delegated the authority to regulate and license mixed martial arts events. He explained that the proponents who sought the by-law would be required to communicate with Provincial or Federal officials to determine how to proceed with their request. 12 96-210 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council not proceed with the Mixed Martial Arts (MMA) presentation as Council does not have the authority to create a mixed martial arts by-law. Councillors Farren, Sullivan and Snook stated that they would like to hear the scheduled presentation. Question being taken, the motion was carried with Councillors Farren, Sullivan and Snook voting nay. Responding to a question, Mr. Nugent stated that in his view the Criminal Code of Canada would need to be amended to resolve any legal restrictions associated with holding mixed martial arts events. On motion of Councillor Norton Seconded by Councillor Snook RESOLVED that having received a request to establish a mixed martial arts by-law in Saint John, Common Council has determined, based upon legal advice from the City Solicitor, that such a by-law is not within its authority; and further, that this matter be referred to the Province of New Brunswick for its review and consideration. Question being taken, the motion was carried. 8. Delegations et presentations L'avocat municipal declare avoir ete charge par le conseil d'examiner une demande voulant que le conseil envisage I'etablissement d'un arrete reglementant les arts martiaux mixtes dans The City of Saint John, puis de se prononcer a ce sujet. M. Nugent conclut que, d'apres son etude du sujet, et apres avoir examine les lois provinciales et federales, les municipalites du Nouveau-Brunswick n'ont pas I'autorite de reglementer et d'autoriser les evenements d'arts martiaux mixtes. II explique que les personnes qui souhaitaient I'etablissement d'un tel arrete doivent communiquer avec les autorites provinciales ou federales pour determiner de quelle fa�on elles doivent proceder. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil n'aille pas de I'avant avec la presentation sur les arts martiaux mixtes etant donne qu'il n'a pas I'autorite de mettre en place un arrete sur les arts martiaux mixtes. Les conseillers Farren, Sullivan et Snook mentionnent qu'ils aimeraient assister a la presentation qui etait prevue. A I'issue du vote, la proposition est adoptee. Les conseillers Farren, Sullivan et Snook votent contre la proposition. En repondant a une question, M. Nugent indique que, selon lui, le Code criminel devrait etre modifie afin de resoudre toute restriction legale associee a la tenue d'evenements d'arts martiaux mixtes. Proposition du conseiller Norton Appuyee par le conseiller Snook RESOLU que, apres avoir re�u une demande de creation d'un arrete sur les arts martiaux mixtes dans The City of Saint John, le conseil communal a decide, conformement a I'avis juridique presente par I'avocat municipal, qu'un tel arrete ne releve pas de son autorite et, de plus, que cette affaire soit renvoyee a la province du Nouveau-Brunswick pour examen et consideration. A I'issue du vote, la proposition est adoptee. 13 96-211 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 5. Consent Agenda 5.1 That the request to present made by the Saint John Board of Police Commissioners regarding CrimeMapping.com be referred to the Clerk to schedule. 5.2 That the Mary Schryer request to present regarding the establishment of a medical research program at Dalhousie Medicine New Brunswick, be referred to the Clerk to schedule. 5.3 That the submitted report M&C 2011-117: Public Information Session Westfield Road Phase A1 Street Reconstruction, be received for information. 5.4 That the submitted report M&C 2011-120: Public Information Session Peel Plaza Municipal Infrastructure Upgrades Project— Union Street, be received for information. 5.5 That as recommended by the City Manager in the submitted report M&C 2011-122: June 13, 2011 Special Committee of the Whole Council meeting on the Draft Municipal Plan, Common Council agree to meet in an open session of Committee of the Whole on Monday June 13th, 2011 to receive a briefing on the Draft Municipal Plan. 5.6 That as recommended by the City Manager in the submitted report M&C 2011-116: Uptown Saint John— Facade Incentive Program 2011, Common Council approve a contribution of$10,000 from the General Capital Fund — Development Incentive Program to Uptown Saint John Incorporated to partner in the implementation of Uptown Saint John's Facade Program 2011 subject to the following conditions: 1) That the City's contribution be used to pay no more than 50% of the value of any approved grant and that all program administration costs be the responsibility of Uptown Saint John Incorporated; and 2) That any portion of the City's contribution not paid out in the form of a grant be repaid to the City at the conclusion of the program; And further that the Commissioner of Planning and Development be directed to name a qualified staff member to serve as the City's representative on the Facade Program Committee. 5.7 That the submitted report Terms of the May 2011 Debenture /ssue, be received for information. 5.8 That as recommended by the City Manager in the submitted report M&C 2011-114: Tender for the Scott Air Pack Upgrade, Common Council: 1) accept MicMac Fire and Safety's written request to withdraw from the competition and 2) accept the bid submitted by Levitt Safety in the amount of$2,817.00 each plus tax, for the upgrade of Scott Air Packs to NFPA 1981 — 2007 Edition standards. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la demande soumise par le Bureau des commissaires de la police de Saint John concernant CrimeMapping.com soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.2 Que la demande soumise par Mary Schryer visant a faire une presentation concernant I'etablissement d'un programme de recherche medicale dans le cadre du programme Dalhousie Medicine New Brunswick soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.3 Que le rapport soumis intitule M/C 2011-117: Seance informative publique relative a /a phase A1 de la refection du chemin Westfield soit accepte a titre informatif. 5.4 Que le rapport soumis intitule M/C 2011-120 : Seance informative publique relative au projet de modernisation de 1'infrastructure municipale de la place Peel— Rue Union soit accepte a titre informatif. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011-122 : Seance extraordinaire du Comite plenier du 13 juin 2011 sur 1'ebauche 14 96-212 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 du plan d'amenagement, le conseil communal accepte de se reunir lors de la seance publique du Comite plenier le lundi 13 juin 2011 pour etre mis au courant de I'ebauche du plan d'amenagement. 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011-116 : Programme d'encouragement d'amenagement de fa�ade 2011 de Uptown Saint John, le conseil communal approuve une contribution de 10 000 $ a partir du fonds d'immobilisation general — programme incitatif d'amenagement a Uptown Saint John Incorporated afin de participer a la mise en oeuvre du programme d'encouragement d'amenagement de fa�ade 2011 de Uptown Saint John, sous reserve des conditions suivantes : 1) que la contribution de la Ville serve a payer jusqu'a concurrence de 50 % de la valeur de toute subvention approuvee et que tous les frais d'administration du programme incombent a Uptown Saint John Incorporated; 2) que toute partie de la contribution de la Ville non versee sous forme de subvention soit remboursee a la Ville une fois le programme termine. Par ailleurs, que le commissaire a I'urbanisme et au developpement soit charge de nommer un employe qualifie pour agir a titre de representant de la Ville au sein du comite du programme d'amenagement de fa�ade. 5.7 Que le rapport soumis intitule Modalites relatives a 1'emission d'obligations de mai 2011 soit accepte a titre informatif. 5.8 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011-114 : Soumission relative a la modernisation des appareils respiratoires autonomes a bouteille d'air pulmo-commande Scott, le conseil communal : 1) accepte la demande ecrite presentee par MicMac Fire and Safety de se retirer de la course et 2) accepte la soumission presentee par Levitt Safety d'un montant de 2 817 $, taxes en sus, pour la modernisation des appareils respiratoires autonomes a bouteille d'air pulmo-commande Scott selon les normes de la NFPA 1981, edition 2007. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil soit adoptee. A I'issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7.1 Jumpstart Day May 28th, 2011 The Mayor proclaimed May 28th, 2011 as Jumpstart Day in the City of Saint John. 7.2 Disability Awareness Week May 29t" to June 4t", 2011 The Mayor proclaimed May 29th to June 4th, 2011 as Disability Awareness Week. 7.3 International Day Against Homophobia and Transphobia May 17t", 2011 The Mayor proclaimed May 17`", 2011 as International Day Against Homophobia and Transphobia. 15 96-213 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 7. Proclamation 7.1 Journee Bon depart, le 28 mai 2011 Le maire declare le 28 mai 2011 Journee Bon depart dans The City of Saint John. 7.2 Semaine de sensibilisation a la situation des personnes handicapees du 29 mai au 4 juin 2011 Le maire declare la semaine du 29 mai au 4 juin 2011 Semaine de sensibilisation a la situation des personnes handicapees. 7.3 Journee internationale de lutte contre I'homophobie et la transphobie, le 17 mai 2011 Le maire declare le 17 mai 2011 Journee internationale de lutte contre I'homophobie et la transphobie. 10. Consideration of By-laws 10.1 Third Reading — By-Law Amendment Respecting Traffic on Streets in The City of Saint John On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by-law entitled "A Law to Amend a By-Law Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" repealing and replacing Section 24, be read. Question being taken, the motion was carried. The by-law entitled "A Law to Amend a By-Law Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by-law entitled "A Law to Amend A By-Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" repealing and replacing Section 24, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled "A Law to Amend a By-Law Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto." 10. Etude des arretes municipaux 10.1 Troisieme lecture de la modification de I'Arrete relatif a la circulation dans les rues de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur(1973) et modifications afferentes » abrogeant I'article 24 et le rempla�ant fasse I'objet d'une troisieme lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur(1973) et modifications afferentes » est lu integralement. 16 96-214 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur(1973) et modifications afferentes » abrogeant et rempla�ant I'article 24 fasse I'objet d'une troisieme lecture, qu'il soit edicte et que le sceau communal y soit appose. ,4 I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur(1973) et modifications afferentes ». 11. Submissions by Council Members 11.1 Mill Wood Allocations (Councillor Court) On motion of Councillor Court Seconded by Councillor Sullivan RESOLVED that the Mayor send a letter on behalf of Common Council to the Province requesting that the government: 1. Keep mill wood allocation at 2007 levels so that no jobs are lost 2. Wait for the two task forces to complete reports by year-end 2011 3. Establish a timber objective that sustains jobs, investment and grows the forest, by year-end 2011 Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Approvisionnements en bois d'usine (conseiller Court) Proposition du conseiller Court Appuyee par le conseiller Sullivan RESOLU que le maire fasse parvenir une lettre a la province, au nom du conseil communal, pour que le gouvernement : 1. maintienne I'approvisionnement en bois d'usine au niveau de 2007 afin qu'il n'y ait aucune perte d'emploi; 2. attende que les deux groupes de travail aient termine leur rapport a la fin de I'exercice 2011; 3. etablisse un objectif en matiere de bois d'oeuvre qui permette le maintien des emplois et des investissements et la regenerescence de la foret d'ici la fin de I'exercice 2011. A I'issue du vote, la proposition est adoptee. 11.2 By-Law to Prevent the Feeding of Deer Within City Limits (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the letter from Councillor Farren entitled By-Law to Prevent the Feeding of Deer Within City Limits be referred to the City Solicitor for a report and recommendation. Question being taken, the motion was carried. 17 96-215 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 11.2 Arrete visant a empecher que I'on nourrisse les chevreuils a I'interieur des limites de la ville (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que la lettre du conseiller Farren ayant pour titre Arrete visant a empecher que I'on nourrisse les chevreuils a I'interieur des limites de la ville soit transmise au directeur general aux fins de rapport et de recommandations. A I'issue du vote, la proposition est adoptee. 11.3 Possible Development of an NB Power Transmission Line Through West Saint John (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that the City Manager report back to Common Council in two weeks with respect to the possible development and consequences to the City of Saint John — in particular residents of the West side—of an above-ground power transmission corridor. Question being taken, the motion was carried. 11.3 Possible installation d'une ligne de transport d'electricite d'Energie NB traversant Saint John Ouest (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le directeur general fasse part de ses conclusions au conseil communal dans les deux semaines en ce qui concerne I'amenagement possible — et les consequences pour The City of Saint John, en particulier pour les residents du secteur ouest— d'un couloir de transport d'energie aerien. A I'issue du vote, la proposition est adoptee. 11.4 Preservation of Morna Heights School (Councillor McGuire) (Councillor Sullivan withdrew from the meeting) On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the submission from Councillor McGuire regarding preservation of Morna Heights School be received for information. Question being taken, the motion was carried. (Councillor Sullivan reentered the meeting) 11.4 Sauvegarde de I'Ecole Morna Heights (conseiller McGuire) (Le conseiller Sullivan quitte la seance.) Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que la soumission presentee par le conseiller McGuire concernant la sauvegarde de I'Ecole Morna Heights soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. (Le conseiller Sullivan se joint de nouveau a la seance.) 18 96-216 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 11.5 Presentation from the Saint John Airport (Deputy Mayor Chase) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the letter from Deputy Mayor Chase entitled Presentation from the Saint John Airport be tabled until the next meeting of Council. Question being taken, the motion was carried. 11.5 Presentation de I'aeroport de Saint John (maire suppleant Chase) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que ce point— lettre du maire suppleant Chase intitulee Presentation de I'aeroport de Saint John — soit reporte a la prochaine reunion du conseil. ,4 I'issue du vote, la proposition est adoptee. 13.2a) Planning Advisory Committee: Cedar Point Anchorage Subdivision On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that notwithstanding the disclosure of conflict of interest by the City Solicitor respecting item 13.2 on this evening's agenda, the City Solicitor be requested to provide Common Council with an opinion as to the extent of Council's discretionary authority respecting ascent to a proposed subdivision. Question being taken, the motion was carried. The City Solicitor stated that the submitted report and recommendation from the Planning Advisory Committee ("PAC") outlines a number of its concerns respecting the subdivision proposal. He explained that the report does not provide the PAC's recommendation with respect to the location of proposed streets within the subdivision, which he noted is a role that has been assigned to the PAC through the Community Planning Act, adding that Council should request this information from the committee. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Planning Advisory Committee be requested to provide Council with the Committee's recommendation respecting the location of public streets within the proposed Cedar Point Anchorage Subdivision (Phase 7), as called for in accordance with s. 56 of the Community Planning Act. Question being taken, the motion was carried. 13.2b) Cedar Point Anchorage Presentation from Dr. Chris O'Brien On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Cedar Point Anchorage Presentation from Dr. Chris O'Brien be received for information. Question being taken, the motion was carried. 13.2a) Comite consultatif d'urbanisme : Lotissement Cedar Point Anchorage Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'on demande a I'avocat municipal de rediger une opinion juridique quant a la portee du pouvoir discretionnaire du conseil en ce qui concerne son assentiment a un projet de lotissement, et ce, nonobstant le fait qu'il ait declare etre en conflit d'interets relativement au point 13.2 de I'ordre du jour. A I'issue du vote, la proposition est adoptee. 19 96-217 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 L'avocat municipal indique que le rapport et les recommandations presentes par le Comite consultatif d'urbanisme donnent un aper�u d'un certain nombre de preoccupations du Comite a I'egard de la proposition de lotissement. II explique que le rapport ne mentionne pas la recommandation du Comite en ce qui concerne I'emplacement des rues proposees dans le lotissement, ce qui, precise-t-il, est un role qui a ete assigne au Comite aux termes de la Loi sur 1'urbanisme, et ajoute que le conseil devrait exiger cette information du Comite. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'on demande au Comite consultatif d'urbanisme d'emettre une recommandation relativement a I'emplacement des rues dans le projet de lotissement Cedar Point Anchorage (phase 7), conformement a I'article 56 de la Loi sur I'urbanisme. ,4 I'issue du vote, la proposition est adoptee. 13.2b) Presentation du D� Chris O'Brien sur le lotissement Cedar Point Anchorage Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la presentation du Dr Chris O'Brien sur le lotissement Cedar Point Anchorage soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 12. Business Matters — Municipal Officers 12.1 City Manager: Tender Asphalt Resurfacing — Chesley Drive (Councillors Titus and McGuire withdrew from the meeting) On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that as recommended by the City Manager in the submitted report M&C 2011-124: TenderAsphalt Resurfacing, Chesley Drive, the tender submitted by Debly Enterprises Ltd, in the total tax included amount of $104,154.93, for the provision of all necessary labour, materials, tools and equipment required to mill and resurface Chesley Drive between Hilyard Street and Bentley Drive, and in accordance with the specifications and requirements of tender 084902T, be accepted. Question being taken, the motion was carried. On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that the City Manager be directed to submit a report and recommendation respecting the inclusion of performance specifications for asphalt life expectancy and associated guarantees in future contract documents. Question being taken, the motion was carried. (Councillors Titus and McGuire reentered the meeting) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Soumission relative au resurfa�age d'asphalte de la promenade Chesley (Les conseillers Titus et McGuire quittent la seance.) Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011-124 : Soumission relative au resurfa�age d'asphalte de la promenade Chesley, la soumission presentee par Debly Enterprises Ltd. concernant I'approvisionnement de la totalite de la main-d'oeuvre, des materiaux, des outils et de I'equipement necessaires au fraisage et au resurfa�age de la 20 96-218 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 promenade Chesley entre les rues Hilyard et Bentley, conformement aux specifications et exigences de la soumission 084902T, pour la somme de 104 154,93 $, taxes incluses, soit acceptee. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Norton Appuyee par le conseiller Farren RESOLU qu'une directive soit donnee au directeur general pour qu'a I'avenir il soumette un rapport et des recommandations qui incluent les specifications de rendement pour la duree utile prevue de I'asphalte ainsi que les garanties connexes dans ses prochains documents contractuels. A I'issue du vote, la proposition est adoptee. (Les conseillers Titus et McGuire reintegrent la seance.) 12.2 City Manager: Refuse on Private Property, Illegal Dumping and Improper Storage of Garbage On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the submitted report M&C 2011-121: Refuse on Private Property, lllegal Dumping and Improper Storage of Garbage, be received for information. Question being taken, the motion was carried. 12.2 Directeur general : Ordures sur les proprietes privees, decharge illegale et entreposage inapproprie des dechets Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que le rapport soumis intitule M/C 2011-121 : Ordures sur les proprietes privees, decharge illegale et entreposage inapproprie des dechets soit accepte a titre informatif. ,4 I'issue du vote, la proposition est adoptee. 12.3 City Manager: Little River Reservoir Community Park On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report Little River Reservoir Community Park, Common Council approve the development of the Little River Reservoir Community Park as presented, and that the 2012 Operating Budget make provision for the related facility maintenance costs and that the City Manager and City Solicitor be directed to prepare all necessary documentation for Common Council's approval. Question being taken, the motion was carried. 12.3 Directeur general : Parc communautaire dans le secteur du reservoir Little River Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule Parc communautaire dans le secteur du reservoir Little River, le conseil communal approuve I'amenagement du parc communautaire du reservoir Little River tel qu'il est presente, que le budget de fonctionnement de 2012 prevoit les couts d'entretien des installations y associees et que I'on demande au directeur general et a I'avocat municipal de preparer tous les documents necessaires devant etre approuves par le conseil communal. A I'issue du vote, la proposition est adoptee. 21 96-219 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 13. Committee Reports 13.1 Saint John Parking Commission: Salty Jam Festival 2011 — Request to Use Water Street (Coast Guard) Parking Lot On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council approve the request of the Salty Jam Festival to allow the use of the Water Street Parking Lot from Wednesday July 6, 2011 after 5:00 p.m. until Sunday July 10, 2011 for the use as indicated in said report and further that the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Commission sur le stationnement de Saint John : Festival Salty Jam 2011 — Demande d'utilisation du stationnement de la rue Water (garde cotiere) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal approuve la demande de Festival Salty Jam relative a I'utilisation du stationnement de la rue Water du mercredi 6 juillet 2011 apres 17 h au dimanche 10 juillet 2011 aux fins mentionnees dans ledit rapport et, de plus, que le maire et la greffiere communale soient autorises a signer les documents necessaires. ,4 I'issue du vote, la proposition est adoptee. 13.3 Planning Advisory Committee: Street Vesting (Widening) — 102 Spar Cove Rd On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED That Common Council assent to the submitted Four Star Leasing Ltd. Subdivision plan that would vest approximately 594 square metres of land situated at the intersection of Spar Cove Road and Belleview Avenue, also being identified as PID numbers 00040584, 00040592 & 00415588, into the adjoining public street rights of way. Question being taken, the motion was carried. 13.3 Comite consultatif d'urbanisme : Devolution de terrains a titre de rue (elargissement) visant le 102, chemin Spar Cove Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le conseil communal donne son assentiment au plan de lotissement soumis par Four Star Leasing Ltd., lequel attribuerait aux voies de circulation generale adjacentes environ 594 metres carres des terrains situes a I'intersection du chemin Spar Cove et de I'avenue Belleview, egalement inscrits sous les NID 00040584, 00040592 et 00415588. ,4 I'issue du vote, la proposition est adoptee. 13.4 Planning Advisory Committee: Proposed Subdivision 237-249 Mount Pleasant Ave. East On motion of Councillor Court Seconded by Councillor Snook RESOLVED that Common Council assent to the submitted Dobbelsteyn Care Home Ltd. Subdivision, located at the intersection of Mount Pleasant Avenue East and Alma Street East with respect to the vesting of an approximately 153 square metre (1,647 square foot) parcel of land, as a public street, as well as any necessary municipal services easements and public utility easements. Question being taken, the motion was carried. 22 96-220 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 13.4 Comite consultatif d'urbanisme : Projet de lotissement—237-249, avenue Mount Pleasant Est Proposition du conseiller Court Appuyee par le conseiller Snook RESOLU que le conseil communal donne son assentiment au projet de lotissement Dobbelsteyn Care Home Ltd. soumis, lequel sera situe a I'intersection de I'avenue Mount Pleasant Est et de la rue Alma Est, relativement a la devolution d'une parcelle de terrain d'une superficie d'environ 153 metres carres (1 647 pieds carres) comme rue publique, ainsi que de toute servitude aux fins de services municipaux et d'utilite publique. A I'issue du vote, la proposition est adoptee. 13.5 Taxation Review Committee: Request for Information from City Departments On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that Council direct the City Manager to issue to the head of each of the City's various departments a list of questions substantially in the form submitted as Exhibit A; and further that upon completion this information be submitted to the Taxation Review Committee. Question being taken, the motion was carried. 13.5 Comite de revision de I'impot foncier : Demande de renseignements de la part des services municipaux Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le conseil enjoigne au directeur general de transmettre aux responsables des differents services municipaux une liste de questions, essentiellement dans le format de I'annexe A soumise, et, de plus, que ces renseignements, lorsqu'ils seront complets, soient presentes au Comite de revision de I'impot foncier. A I'issue du vote, la proposition est adoptee. 13.6 Committee of the Whole: Draft Response to the Draft Land Use Plan for the Saint John Port Authority On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that Common Council authorize the Mayor to forward correspondence to the Saint John Port Authority detailing the official comments of The City of Saint John respecting the Port's Draft Land Use Plan. Question being taken, the motion was carried. 13.6 Comite plenier : Ebauche de reponse au projet de plan d'utilisation des terres pour I'Administration portuaire de Saint John Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que le conseil communal autorise le maire a faire suivre, a I'Administration portuaire de Saint John, toute correspondance expliquant en detail les commentaires officiels de The City of Saint John relativement a I'ebauche du plan d'utilisation des terres pour le port. A I'issue du vote, la proposition est adoptee. 23 96-221 COMMON COUNCIL/CONSEIL COMMUNAL MAY 24, 2011/LE 24 MAI 2011 13.7 Committee of the Whole: Development of the Harbourfront Residences at Three Sisters and the Reconstruction of Prince William Street On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that notwithstanding the City's Procurement Policy for engagement of professional services, Common Council authorizes staff to conduct negotiations for the engagement of GENIVAR to carry out design and construction management services for the improvements required to Prince William Street pursuant to the Agreement between Ellerdale Properties Limited and The City of Saint John. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment The Mayor declared the meeting adjourned at 9:15 p.m. 13.7 Comite plenier : Amenagement des Harbourfront Residences a Three Sisters et reconstruction de la rue Prince William Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que, nonobstant la politique d'approvisionnement de la Ville relativement a I'embauche de services professionnels, le conseil communal autorise le personnel a entreprendre des negociations avec GENIVAR pour realiser les travaux de conception et de construction pour la refection de la rue Prince William, conformement a I'entente conclue entre Ellerdale Properties Limited et The City of Saint John. ,4 I'issue du vote, la proposition est adoptee. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 16. Levee de la seance Le maire declare que la seance est levee a 21 h 15. Mayor/ maire Common Clerk/greffiere communale 24 REPORT TO COMMON COUNCIL � y _... � �� 'O. M & C20ll - 146 �,� .,� � o . May 31, 2011 The Cit��of Saint Iohn His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2010-19: Harbourview Subdivision Water System Disinfection—Ocean Drive PURPOSE The purpose of this report is to update Council on the status of this proj ect. BACKGROUND The 2009/2010 Water & Sewerage Utility Fund Capital Programs included funding for upgrades to the well houses and installation of chlorine disinfection systems at the Ocean Drive and Seaward Crescent well locations in the Harbourview Subdivision. The Ocean Drive Well has been isolated from the Harbourview Subdivision water distribution system since work commenced in late fall of 2009. Contract 2010-19, which includes the work at the Ocean Drive facility, was awarded to Fairville Construction Ltd (M&C 2010-286) on August 30, 2010. Funding is included in the 2010/2011 Water & Sewerage Utility Fund Capital Programs for upgrades to the well house and installation of a chlorine disinfection system at the Seaward Crescent location which will be tendered in the coming months. ANALYSIS The contract work at Ocean Drive has now been completed. The chlorine disinfection system for the Ocean Drive well has been tested and pending approval from NBDOE, the well, chlorination apparatus and new main connection to the existing distribution system will be disinfected. Following acceptable disinfection results and again approval from NBDOE, the new system will be ready to introduce chlorinated water to the Harbourview Subdivision water distribution system. This introduction will be done in phases to test the reaction of the distribution system to the chlorine. The dosing rate of chlorine will initially be set relatively high in arder to address any accumulation of material that may exist in the currently unchlorinated distribution system. The dosing rate will be adjusted until an acceptable level of chlorine is achieved and maintained at the extreme points of the system. It is expected that residents will initially notice strong chlarine odours from their water however this is expected to dissipate as acceptable dosing rates are achieved. Notices will be handed out door to door explaining the commissioning process and notifying residents 25 M & C2011 - 146 May 31, 2011 Page 2 of a precautionary Boil Order (in conjunction with the Department of Health) to be imposed during this initial introductory phase. The exact date for notification of residents will be established in conjunction with NBDOE approval for introducing chlorinated water into the Harbourview Subdivision water distribution system. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 26 REPORT TO COMMON COUNCIL � �� m, ��o, M & C2011 — 145 / '�' ; �% � a �� `�o= June 6`", 201 1 � His Worship Mayor Ivan Court The Cit��of Saint�ohn And Members of Common Council Your Worship and Members of Council, SUBJECT: LOCH LOMOND WATERSHED CLEAN-UP DAY UPDATE: WEDNESDAY,�UNE 1 5T", 201 1, 9 AM - 3 PM LOCH LOMOND COMMUNITY CENTRE PURPOSE The purpose of this report is to inform Common Council and the public of the upcoming Watershed Clean-Up Day that is planned for Wednesday, �une 1 5`", 201 1 , from 9 am to 3 pm. BACKGROUND Watersheds are the first and most fundamental step in the multi-barrier approach to protecting drinking water. Healthy watersheds are naturally able to filter contaminants and protect water quality. They can slow surface water run-off, increase the amount of water entering the soil and result in more stable, cleaner, safer water quality for downstream purposes - drinking water. On November 10`h, 2010, the first Watershed Clean-Up Day was held, resulting in 23.5 metric tonnes (52,000 Ibs) of garbage and debris being removed from the Loch Lomond watershed. ANALYSIS Year after year, Saint �ohn Water crews clean up garbage within the watersheds - an ongoing effort to protect our lakes and the natural ecosystems that we depend upon for our drinking water. Communication is received throughout the year from concerned residents in the Loch Lomond area. The Watershed Clean-Up Day will be an opportunity to focus attention on the watershed and bring the issue of illegal dumping and the importance of protecting our watershed to the forefront. ;,� SAFE,CLEAN DRINKING WATER � � .' 27 i�--� LOCH LOMOND WATERSHED CLEAN-UP DAY—JUNE 1$'",2O1 1 PAGE 2 f U N E 6'",201 1 SAIN"1' �OHN The Watershed Clean-Up Day will further engage the community. The details of the event have been posted on the Facebook page entitled "Stop the Trashing of our Beautiful Loch Lomond Lakes", that is administered by Ms. Bonny Culley (creator), Ms. Elizabeth Crowe and Mr. Greg Hiltz. The ad has also been placed on the City's website as of May 27`", and is being advertised in the local newspaper on June 1 3`h. The event will be held on Wednesday,.June 1 5`", 201 1 , from 9 am until 3 pm. Volunteers are welcome to gather at the Loch Lomond Community Centre which is located at Ben Lomond Corner. The Community Centre will serve both as a home base for the event as well as the location for the barbeque and refreshments that will be provided at midday. Volunteers are asked to register by calling 658-4455 or by doing so on the City of Saint �ohn website at www.saintjohn.ca. Registration is necessary so that sufficient clean-up supplies, food and refreshments are available for the volunteers. Members of Council are invited to support our efforts to protect our drinking water supply by joining us for this event. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner Municipal Operations and Engineering J. Patrick Woods, CGA City Manager a�` SAFE,CLEAN DRINKING WATER � � .'r 2$ 5� 3 REP4RT T4 COMMON CDUNCIL � � .o 3 June 20l l �a o�..�, = Cdty oP saint John His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: License to Operate a Vendor Market At its meeting on May 25, 2010, Common Council resolved to authorize the Mayor and Clerk to execute a License Agreement between the City of Saint Johzi and the Saint John Development Corporation granting permission to the SJDC to operate the Loyalist Plaza Market for local craftspeople and artis�s during cruise days. The operation of the market during the 2010 cruise season was successful with over 33 vendors offezing products for sale to cruise passengers, tourists and local residents. Tb�e market also serves as a business development opportunity for individuals with new product ideas. Attached is a revised License reflecting the 2011 Cruise Ship Schedule. Recommendation That Common Council approve a license between the City of Saint John and the Saint John Development Corporation for the operation of a market on Loyalist Plaza as per the terms of the attached license and that the Mayor and Common Clerk be authorized to sign all related documents. Respectfully submitted, \�� (� . �� 7� � . atrick Woods, CGA , CITY MANAGER 29 THIS LICENCE made in duplicate as of the�day of , 2011. BY AND BETWEEN: THE CiTY OF SAlNT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswicic, a body corparate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" - and — SAINT JOHN DEVELOPMENT CORPQRATIQN, a body corporate duly incorparated under the laws of the Province of New Brunswicic, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswicic, hereinafter called the "Licensee" RECITALS: WHEREAS the Licensor is the owner of the lands bearing PID numbers 18614, 55027809 and 55006886 and of the fands known as Market Square in the City of Saint John; AND WHEREAS situate upon the said lands is a an area commonly known as Loyalist Plaza outlined in red on Schedule "A" attached hereto {hereinafter the "Lands"); AND WHEREAS the Licensor has agreed to give the within License under the terms and conditions hereinafter set forth; NOW THEREFORE THIS L.ICENSE WITNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and license to the Licensee to operate on the Lands a Market, during the times and according to the terms ancf conditions stipulated herein. 30 License Agreement 7he City of Saint John and Saint John Development Corporation Page 2 of 4 IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Licence shall be for each calendar day on which a cruise ship is docked in the Saint John Harbour between June 7, 2011 and October 25, 2011 at midnight. 2. Notwithstanding anything else herein cantained, this License may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this License 3. No Eransfer or assignment of this License or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensee. 4. The Licensee hereby covenants and agrees with the Licensor as follows: a) that it shall use the Lands or cause them to be used as a Market for local craftspeople and artists to sell their products on days that cruise ships are in dock; b) that it shall ensure that all wares, products and merchandise sold on the Lands are locally handcrafted; c) that it shall ensure that the Market on the Lands is managed in accordance with the terms and conditions set out in the "Loyalist Plaza Market Vendor Information and Application Form" attached hereto as Schedule "B"; d) that it shall obtain and keep in full force and effect, at its own cost, throughout the Term, and during such other time as Licensee uses the Lands, commercial general liability insurance. The coverage thereunder shall include the activities conducted by Licensee and any other person permitted by #he Licensee to participate as a vendor in the Market on the Lands, or for whom the Licensee is in law responsible and any person performing work on behalf of Licensee in any part of the Lands. Such policy shall have inclusive limits of af least Two Million Dollars ($2,000,000.00) for each occurrence involving personal injury, bodily injury, death or property damage. The policy shal! contain: (i) a provision stating that such policy shall be primary and shall not call into contribution any other insurance available to Licensor or Licensee; and (ii) an undertaking by the insurers that no material change, cancellation or termination of any policy will be made unless Licensor has received not less than thirty (30) days prior notice thereof. 31 License Agreement The City of Saint John and Saint John Development Corporation Page 3 of 4 In the event that the insurers provide the notice to the Licensor under (ii), the Licensor may pay the premiums necessary to maintain the policy and recover the costs of those premiums from the Licensee. The Licensor shall be added as an additional insured on fhe commercial general liability insurance poficy described herein. e) that it shall, on or before June 7, 2011, submit to the City a Certificate of lnsurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph d} hereof; 5. The Licensor hereby covenants and agrees with the Licensee that the Licensee may permit vendors to participate in the Market on the Lands in accordance with the terms and conditions set out in the "Loyalist Plaza Market Vendor Information and Application Form" attached hereto as Schedule "B". IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: fi. No change or modification of this License shall be valid ur�less it is in wriking and signed by the Licensor and the Licensee. 7. This License supersedes and takes the place of all prior agreements entered into by the parties with respect to the Lands. 8. This License shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 9. Notwithstanding any clauses herein, the Licensee does hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, braught or prosecuked in any manner and whether in respect of property owned by okhers or in respect of damage sustained by others based upon or arising out of or in connection with the use of the Lands pursuant to the within License or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence 32 License Agreement The City of Saint John and Saint John Development Corporation Page 4 of 4 THIS LICENSE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. SIGNED, SEALED & DELlVERED ) In the presence of: ) THE CITY OF SAINT JOHN ) ) ) ) ) ) Mayor ) ) } ) } Common Clerlc } } Common Council Resolution: ) , 20'{1 } } } } } SAINT JOHN DEVELOPMENT } CORPORATION ) } } } ' G } ) Pr ide ) ) 33 SCHEDULE " fl " TenteGVe Guhe 2011 — - - --- SAINT JOHN,N,B. Lest ll ed -71 _. No. o�re o�r rt� eH� eennrH oueeTe �a�r un. �on oRT 1 07-Jun 7ue 09:00-19 00 Cemival Gf PGA 35D0 Furtu�n CCL ]90 110000 2 11,hm Sat 09:00-i9.U0 Camival p AGA 3500 Fumcan CCL 110000 3 1rrJun Wed p8:00-17:00 Csmivel p PGA 3500 FumCan CCL 110000 4 2pJun Mon 07:00-15:00 Enrhentrnert oA Seas PGH 22pp FK Werren RCCL 301 B2910 5 21,1un Tues 09:00-18 00 Camivsl PGA 3500 Fumcan CCL 110000 6 25,hm Se1 09:00-19.00 CamWa! PGA 3500 Fumran CCL 110000 7 29,Iw Wed 08;OQ-17:00 Camivel PGA 3500 Fumcan CCL 110000 B 04JW Mon 08:00-17 00 Camivel p PCA 3500 Fumcan C 110000 9 09.1u1 Sal 09:00•19 00 Camivel PGA 3500 Fumr�n CCL 110000 10 13-Jul Wed OB:00-17;00 Gemival Gi PGA 3500 Furtfcan CCL 110000 11 19-JU1 Mon 07:00-15 00 Enchantme�rt o!l Sm� PGA 2200 FK Werrm RCCL 82910 12 19-Jul Tues 09:00-1800 Camivel PGA 3500 Fumr�n C0. 110000 13 23Ju1 Set 09:00-19 00 Camival PC,A 3500 Fumtan CCl 110000 14 27Jui Wed OB:OaS700 Camivel PGA 3500 Furtran CCL 110000 15 01- Mm 08:00-t700 C.arnfvel PGA 330p Fumtan CCl 710000 16 Sal 09:00-5900 CamNal PGA 35p0 fumran CCL 110000 17 Tuea 09:00-17:00 CanDbean Prv�cq9 PGq 3100 FK Warren PRINCESS 290 112994 18 14 Wed 08:00-17:00 Camival p pG�, 3500 Fumcan CCL 110000 1B 15 hbn OSflL•'17Q0 Cartvval PGA 35Q0 Fumcan CI.L 510000 20 1&A Mon 07:00-IS OQ ErKhantmmrt oA Seas LW 2200 FK Warr� RCC! 82910 21 1 Tu!! 09'00-17;00 Ceribbean PrLtcess PGA 3100 FK Werten PRINCESS 112894 22 Set 09'00-19.�00 CamNel q PGA 3500 Fumcan CCL 110000 23 7.�Au Tues 09.�00-17:�0 Caribbean PAnceav PGA 3100 FK Werten PRINCESS 112894 24 2 Wed 08:00-17:00 Camivel PGA 3500 Fumran C(x. 110000 25 Mon 08:00-17:00 C�mivd PGA 3500 Fumran CCL 110000 26 Tues 09:00-17:06 Carlhbean Rvicess PGA 3100 FK Werren PRINCESS 112894 27 Sel 09:00-19:00 Camivel PGN 3500 Fumtan CCL 110000 26 Mon 07:00-13:00 aer o(Ihe PGA 3300 FK Wercen RCCL 137308 29 OB- Tu6s 09:00-17 00 Cahbbean PrNCess PGA 3100 FK Wercan PRINCESS 112894 30 07- Wed OB:00-17U0 Camivel p PGA 3500 Fumcen CCL 110000 31 12 Mon 07:OQ-15:00 Er�antmmfl aR 5� PCA 2200 FK Werten RCCL 82910 32 13 Tues 08:00-16.U0 Areeda LW 2300 Fumcen P8A 285 8J791 33 73- Tues 09.00-1740 CanbCeenPrincess PCv4 3t00 FKWarren PRINCES5 112B9a 34 1 Wed 09.�W-19:90 Cemiva!q PGA 350Q Fvrnc�n CCL 110000 35 1 Sun 09:00-17:40 Grnm Prmcess PC,A 2500 FK Werrmi PHlNCESS 290 113581 38 1 Mon 07:00-15.00 af Ihe Seas PG4 3300 FK Warrat RCCI 311 137308 37 20•S',a� 7'�<<> Olo(i•t.�;iC JC+�c+o`CraSeis LW Y1Gi3 f=KS'iTrr,�n RCCI 29d 9.k�:�0 38 ?��Seu T�e G3I1!N•1SrC t;ennvalCs Pf;A 3�4 F�m:.an CCL 116C�C 39 2f� W9tl f2:00-20A0 NoM• wnJewr] LW 2300 FKWerren NCL 29d 935�Q 40 21• Wetl 08�00-11�00 CanbCean Pnnceas PGA 3700 FK Warren PRINCESS 112B94 41 2& Mon 07:00-15 00 EnU�anbnsil oR Seav PGA 7200 FK W ertert ROCL 82910 42 27- Tues 08.15-18:45 Jewef of Ihe Seas LW 210Q FK Werren RCC� 9p09Q A3 27- Tues 09.00-19 00 Camival PGA 35Q0 Fumean CCl 11D000 44 T& Wed 1200-20:00 Nonv en Jewd PGq 2300 FK Werran NCL 83530 45 Thurs OB:00-17:00 Cenbhean PAncess PGA 3100 FK WerYen PRINCESS 112894 46 � Fn 70�00•18 Op Crpwn Rincees PGA 2500 FK Warten PRINCESS 290 513561 47 30 Fd OS.OQ-18i�U fel LW 900 F.K.Warren let 238 510a4 48 01-0d Set 0830-17:00 Aurae PGA 1800 Fumcen PSO 270 78152 49 0.'i-Oct Man 07:06-15.�00 ot the Seaa PGA 3300 FK Werten RCCL 137308 50 04-0d Tuev 07.00-17:3Q JeweloflhaSeas LW 2f00 FKWarren RCCL 90090 51 04-Oct Tues 09:OQ-19:00 Camival PGH 3500 Fumcan CCL 110000 52 05ac1 Wzd OI:iY1�S�.OL' Re tlai F9;G d^4 Famcan U[.eana 161 ?ir't?T 53 a51]Cl We] 1'ePu•20�:�G Mor.•r ianJea:�i Lti'I 2?�J FK�Y��an NCL 92�;� S4 G5•OCt Ylzd CkiiJ4-1700 l;ar.YteanPri�ue„ ?f3A 31l;� FI�Nfa�'er F'RINCESS 11�!!7�4 55 0&acl Sal 08:00-17:00 Gam PNnce�s PGA 2500 FK Werren PRINCESS 113561 SB 09�Oc1 SUn 09:00-16:00 teI S PGA 900 F.K.WartEn 181 51044 57 10-0tt Nbn 07:00-75:00 Entrienhn�t oR Sees PGA 2Z00 FK Werten RCCL 82910 58 t 1�OCt Tua 07:00-17 C0 Jewel of tha Sees LW 2100 FK Warran RCCL 90090 59 t�.Oct Tues 09,00•1900 Camivel PGA 3500 Fumcan CCL 71�000 BO 17-CYl Wetl 1�OiA:O.(;0 hlc�r.�:t,��ian Jc.vc� L4Y 2;'OU �'H L'Jarrn VCL 43�"r3b 81 12�t)cl �Jed p"u.!IG-17�G0 Ca��cteaoPnncss; at;A 3iC0 FHV1arrEr• PRiN;;ESS ti.8d: 82 13-0t1 S�t D7.OQIB�W SOver PGA 300 Furtltan Sh�mlBB 18B 28258 83 77-0c! Mon 07:00-15:00 orx d Ihe See� PGA 3300 FK Werten RCCL 137308 64 18-OU Tuas 08:00-17:00 A1SCPooal� PGA 3000 THA 294 92400 85 19-0ct Wetl 12OQ-14.00 R ette LW fi8s Fumcan OCeania 3D277 fi6 79�Oc1 Wed 0&.Op-1700 CantbeanRruitess PGA 3100 FKWarren PRII�tCESS 1t2B94 fi7 20-0d Thun 07:00-19:00 Jewel�Ihe Seaa PGA 2100 FK Werrai RCCL 90090 b9 21-Oct Frl 08:00-6:00 Celebn Summll PGA 1950 FK Werten Celebri 294 90280 69 230c1 Sun i 1:Oo-22:00 Maesdam PGA 72{)0 FK Wertm Amd1 219 56575 70 2SOc1 Tues 07.OQ-13:15 Jewel o�Ne Seas LW 2100 FK Wanmi RCCL 9Q090 71 25-Od 7ues QB:DO-1190 MSC Pcesia PGA 3009 TBA MSC 92A00 72 25-Ocl iues 09:00-17:Q0 CanbGean Pnncpe AGC 3100 FK Wanen PRINCESS 11289A 200618 Ho! Ina waJ ON04/2011 34 � SCHEDULE " �� sa�r,.�o�hn _1 .-'-'R �r"Vaterfront t._=�� -- "=�. _„ _- . Development "Y` �{F��°��-�', �:,�; Loyalist Plaza Market Vendor Information and Application Form About the Market Thank you for your interest in the Loyalist Plaza Market. The market was established in 2004 by Enterprise Saint John to offer a place for craftspeople and artists to sell hand crafted products to locals and tourists on davs that cruise shins are in nort. The market was designed as a place where people can gain experience selling hand crafted products in an affordable and supportive environment. Loyalist Plaza Market has grown over the years, and in 2011 will find a permanent home with Saint John Waterfront Development, the new owners of the market. The market will be managed on a day-to-day basis by the Hardman Group, out of their offices in Market Square. All products sold at the market must be local-handcrafted items. The market is weather dependent ancf a schedule of all cruise ship visits can be downloaded at www.cruisesaintiohn.com. Changes to Loyalist Market in 2011 Changes to the market in 2011 include new ownership and management.This new structure will ensure the long-term viability of the market and also institutionalize new procedures. These procedures include affordable liability insurance to help protect vendors while operating out of the market. They also include access to full-time staff who will manage the day-to-day operations of the market and any concerns that might arise. Costs to Participate Saint John Waterfront Development will purchase an insurance policy to cover all daily and seasonal vendors. The policy will provide vendors with $2 million in liability insurance to help protect them while operating out of the market. In 2011, insurance coverage will be a requirement of registration for the market. The cost to purchase the insurance will be $150/season per vendor and $75 for daily vendors who attend the Market less than 10 times. In addition, the rates to participate in the Markets on days that cruise ships are in port will be $200/season,or$25/day. The total cost to participate in the Loyalist Plaza Market for the full �ruise Ship Season will be $350. The market will be in operation commencing June 15, 2011 (Pending license agreement has been received from the City of Saint John.) 35 Sa�nt.bhn "� . I'_ _ '�` �''V�t�Y'�'011t ��; ��w�� -'��, . : � Devela ment - ��. -, , � Market Set-Up The Hardman Group will manage Loyalist Plaza Marke# on behalf of Saint lohn Waterfront Development. Vendors will be responsible for their own Market set up including any material required to display products. Each vendor is given approximately 7 linear feet of space to set up a display. fach vendor is permitted no more then one table that is 6 feet long and 2 %feet wide and has a table covering deemed appropriate by market management. Vendor space must be presentable and tinrithout obstacles that may present toncerns to pedestrian traffic. Vendors must specify their set up requirements during registration so they can be plated in the most appropriate location. For example, there are some spaces available for people who would like to bring in a canopy and need a larger surface area.Vendors will be limited to a maximum of two spots each. Vendors who pay for the season can request an assigned spot however spaces wilJ not be guaranteed and will be assigned at the discretion of market management. Once assigned, vendors will be expected to be set up by 8:45 a.m.Any vendor not set up by 8:45 a.m. will forfei# their right to the spot for the day and it will be open to daily vendors. Any seasonal vendor who misses three consecutive market days without permission will forFeit the right to their spot for the season. To apply for an assigned spot, please indicate your request on the application form. Past seasonal vendors, in good standing, will have first choice of an assigned spot. How to Become a Vendor Please read the following Vendor Regulations carefully and fill in the application form once you have read and agreed to the regulations: 1. 7he mandate of the Loyalist Plaza Market is to offer an opportunity for focal craftspeople and artists to promote and sell hand crafted products on a profitable basis to locals and tourists in a supportive and affordable environment. 2. No person may offer for sale, exhibit or display goods, wares, products or any other merchandise of any lcind in or about the market area without obtaining the permission of the Market Management, fiJling out an application form, applying for insurance, paying the appropriate fees and adhering to these Vendors Regulations. 3. When applying for a space in the market, all vendors must clearly specify the nature of the products to be sold and shall not significantly change the nature of the products without the approval of Market Management. Failing to follow this process may result in the vendor losing his or her permission to sell goods in the market even though a fee may have been paid in advance. All products must be hand-crafted locally in New Brunswick. 36 �� .. � M`.� �..�'r.',� � _ . �Vaterfront �}��F � . __ _ . Development - �_� � 4. Products commercially produced may not be sold at the Market unless they have a specific local aspect approved by Market Management. 5. Articles of a "Flea Market" nature may not be sold at the Market under any circumstance. 6. Venders may not park their vehicles on the grass or boardwalk at any time, violator's vehicles will be towed away. 7. No hot food products of any type will be sold at the market. 8. No baby clothes or toys may be sold at the market unless vendor can provide proof of their own insurance coverage and that they are handmade. 9. Vendors must conduct themselves in a professional manner at all times. This includes a kind, courteous manner to all customers, other vendors, and market management. There will be no smoking in the Loyalist Plaza area, or any alcoholic beverages or illegal drugs on the premises. Rude behavior and/or inappropriate actions will be cause for termination of the vendor(s} permission to operate at the Loyaiist Plaza Market. 10. All reasonable precautions have been taken by Saint John Waterfront Development,the Hardman Group, and the City of Saint lohn to ensure the vendors have a safe, clean and well-maintained area to operate in the Loyalist Plaza Market. Vendors assume all liabifity for theft or damage of their merchandise and will also assume all liability for Bodily Injury or Property Damage arising from vendor operations. Vendors will indemnify and save and hold harmless Saint lohn Waterfront Development, the Hardman Group, and the City of Saint John from all claims arising from such operations. The Saint John Waterfront Development, the Hardman Group, and the City of Saint lohn will not assume any liability for damage or theft of Vendors property. 11.The Loyalist Plaza Market will open at 8:30 a.m. and close at 4:00 p.m. on days the cruise ships are in port, however no venders will be allowed access to the market on Saturday luly 23, 2011. 12. If a regular vendor fails to occupy an allotted space by 8:45 AM and has not given advance notice of an anticipated delay, the space will be offered to a daily vendor for that day. If a seasonal vendor misses three consecutive market days without notice, the vendor will forfeit the right to their spot for the season. 13. Vendors must keep their stalls neat, tidy and remove all garbage and debris during and at the contlusion of the day. Excess product inventory must be stored safely and in a manner conducive to a well- managed vendor space. 14. Stall spaces will be allocated as per the following priorities: a) Renewing seasonal vendors, in good standing, shall have the opportunity to choose the space they otcupied at the end of the previous season, if avaifable. 37 .SAt7R[,10�/ut -� i�'Vaterfront - �'��- , � Develo ment r h.. ��. . .. _ b) Renewing seasonal vendors wishing to change to a new, unreserved space shall submit their request to the market management for review. c) Daily vendors will be assigned available space on a first-corne, first-served basis. Such vendors should apply for a space by contacting the Market Management at b58-3600 in advance of an upcoming market. No vendors will be allowed to set up on a cruise ship day without prior registration of at least two days before the ship's arrival. d) All vendors wiil be limited to a maximum of two spots each 15. All Vendors renting space at the Loyalist Plaza Market are required to fill out an application form clearly stating the products they intend to sell. Products rnust be hand- crafted in New Brunswick. 16.Vendors occupying a space of 7 linear feet along the perimeter of the plaza or an interior space with a canopy shaU pay in advance; 1.A daily fee of$25 per day or a seasonal fee of$200 plus HST 2.An insurance fee of$150 17. Failure to follow the rules and procedures outlined above will result in a vendor losing his or her ability to sell at the market without reimbursement of any fees paid. Loyalist Plaza Market Contact All applications should be submitted with payment to the Hardman Group Management Office in Market Square. For more information, contact Duncan Whitcomb, this year's Market Coordinator. Phone: 65B-3600 E-mail: dwhitcomb@hardmangroup.ca 38 ��_a .SQ�RL,�O/71I � , 1} — --a-�•_�� Vaterfiron� , },��°�} -� � , .- _ - Developmen# �� "�►_ :,�. ._� _ � Loyalist Plaza Vendor Application Form Name of Vendor Last name: First name: fVame of Business (if applicable) Mailing Address: Telephone#: E-mail: Items you plan to offer for sale. Please be specific. (ltems must be handcrafted in New 8runswick. Please include photos of items.J (Note:Permission to se!!products not listed obove must be obtained from Market Coordinator) Set up requirements:iD Space for Canopy 0 Space for Umbrella m Table only �Other(Please specify) Vendor Status (Please Circle): Returning Seasonal/ Returning Daily/IVew Daily/ New Seasonal Space preference (exact# based on layout): ist choice 2"d choice 3`d choice 39 sa�t.�„� } _"_� -� '�Vaterfront � �``�R��: �.� _ � .....��ri��w ft.� . _ ;Developmen# - �,�. -- ��.; Last years space allocation (if returning seasonal vendor) #of years as a vendor Please iist years Type of Vendor Application(Please circle):Seasonal ($200)/Daily($25) plus HST or authorized small suppliers certificates. Method of Payment(Circle one): Cash/Cheque (Please make cheques poyable to The Hardman GroupJ I acknowledge that I have read a copy of the loyalist Plaza Market Vendors Regulations and I understand that these represent the terms and conditions by which I may sell as a vendor. Signature: Date: Additional comments or questions: For Office Use Only Preliminary Approval (To be signed by Market Management) Final Approval (To be signed by Saint John Waterfront Development Representative) Date: 40 REPORT TO COMMON COUNCIL � � _ . Y M & C 2011-129 ' � �� 1 � � o , 5 May 30, 2011 The City of Saint►ohn His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: General Specifications—Policy Revisions (Divisions 2, 4 & 6) PURPOSE The purpose of this report is to propose that Council adopt the attached revisions to Division 2 — Instructions to Tenderers and Tendering Procedures, Division 4 — Form of Tender and, Division 6 - General Administration of Contract. BACKGROUND On November 17, 2003 (M&C 2003-310), Common Council adopted a Tendering Policy for Construction Contracts which included: Division 2 - Instructions to Tenderers and Tendering Procedures, Division 4 - Form of Tender, and Division 5 - Form of Agreement. On May 31, 2004 (M&C 2004-99), Council approved Division 6 —General Administration of Contract. It was understood that from time to time it would be necessary to make improvements to the language of certain clauses of the General Specifications to ensure the document continues to represent the best interests of the City. This has been done on several occasions since that time. ANALYSIS As a result of a review of General Specifications Division 2, 4 and 6, in consultation with the City's Legal and Purchasing Departments, it is recommended that Division 2 (Instructions to Tenderers and Tendering Procedures) be substantially revised and that the language of the current clauses of Division 4 (Form of Tender) and Division 6 (General Administration of Contract)be enhanced. The revised (new) Division 2 (Instructions to Tenderers and Tendering Procedures) is attached in its entirety and the revisions to the current clauses of Division 4 (Form of Tender) and Division 6 (General Administration of Contract) are shown in red and are attached to this report. The guidance of the City Solicitor's office has been pivotal to the proposed policy revisions; incorporating the valuable experience gained by the City through its development of Peel Plaza contract documentation. 41 M & C20ll - 129 May 30, 2011 Page 2 Highlights of the proposed changes include: • Requirement for contractors to have an audited safety program. • Designated Alternate City Contact provided in addition to the Authorized Enquiries Contact (Project Engineer) to ensure contractors communication with the City is always available. • Tenderers not to communicate directly with media or public regarding the project. Communication responsibility rests with the City. • City maintains `Reserved Rights' regarding acceptance/rejection of tenders. • Tenderers must include a surety consent letter with their tender. • Additional definitions added to clarify terminology utilized in specifications. • Authority of the Engineer section- improved language. • Liability Insurance requirement from Contractors increased from $2.0 million to $5.0 million. • Indemnity clause strengthened. • Equipment rates for additional work shall be in accordance with the Machine Rental Regulation under the New Brunswick Crown Constructions Act. The City would also be moving, effective immediately, to full electronic advertising of construction tenders, as has long been the case for its other procurement requirements. This will significantly reduce the substantial expense associated with newspaper advertising, while expanding the scope of advertising for tenders. Construction tenders will be advertised on the City of Saint John website www.saintjohn.ca and through Tenders Online — New Brunswick Opportunities Network (NBON). This change in tender advertising was discussed with the Saint John Construction Association to solicit feedback. Contractors routinely search Municipal websites as well as the NBON system for tender notifications. The proposed change will not negatively affect the contractors accessing tender information for City of Saint John construction tenders. INPUT FROM OTHER SOURCES As has been the case for previous revisions (February 2005, March 2005, January 2007, March 2008, March 2009, November 2009 and March 2010), the proposed policy changes contained in this report have been reviewed by and discussed with the City's Legal and Purchasing Departments. 42 M & C20ll - 129 May 30, 2011 Page 3 RECOMMENDATION It is recommended that Common Council: Adopt the attached revised Division 2 (Instructions to Tenderers and Tendering Procedures) and the attached revisions to the current clauses of Division 4 (Form of Tender) and Division 6 (General Administration of Contract) of the City of Saint John General Specifications. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 43 ��, ,�,,,,,.,,:`a. ''��l� MUNICIPAL OPERATIONS &ENGINEERING CITY OF SAINT JOHN 2011 GENERAL SPECIFICATIONS — LIST OF REVISED SECTIONS SECTION TITLE Div 2 (New) Instructions to Tenderers and Tendering Procedures 4.1 Tender ldentification 4.2 Tenderer's Responsibility and Agreement 4.3 Bonding and Insurance Commitments 4.3.01 Tender(Bid) Bond or Certified Cheque 4.3.02 Performance Guarantees 4.3.03 Insurance 4.4 Statements 4.4.01 Reference Regarding Tenderer's Financial Status 4.4.02 Particulars of Tenderer's Recent Contracts 4.4.03 Particulars of Current Construction Work by Tenderer 4.4.04 Tenderer's Senior Supervisory Staff 4.4.05 Tenderer's Plant 4.4.06 Tenderer's Other Resources 4.4.07 Sub-Contractors and Suppliers 4.5 Schedule of Quantities and Unit Prices 4.6 Certificate of Independent Tender Determination 4—Attachment Tenderer's Checklist 6.1 Definitions and Interpretations 6.2 Extent of Contract and Adherence to Drawings and Specifications 6.3 Authority of the Engineer 6.3.02 (New) Orders of the Engineer 6.3.03 (New) Construction Methods and Equipment 6.3.04 (New) Unauthorized Work 6.3.05 Work to the Satisfaction of the Engineer 6.3.06 Alterations, Additions and Deletions 6.4.04 Distribution of Contract Documents 6.5 Sufficiency of Tender 6.6 Assignment 6.7 Bonds 6.7.01 Performance Bond 6.7.03 Duration of Bonds 6.7.04 Certified Cheque(s) in Lieu of Bonds 6.8 Insurance and Worksafe NB 6.8.01 Liability Insurance 6.8.02 Automobile Insurance 6.8.03 Worksafe NB 6.8.04 Insurance Policies and Certificates 6.9 (New) Indemnity 6.9.01 (New) Agreement to Indemnify and Hold Harmless 6.9.02 (New) Loss or Damage 6.10 Labour, Materials, Workmanship and Testing 6.11 Engineer's Representative 6.12 Contractor's Representative 6.13 Schedule of Work 6.14 Commencement of Work, Possession of Site, Easements, Permits and Licenses 6.15 Time for Completion 6.16 Measurement of the Quantities of Work 6.17 Changes in the Work 6.18 Maintenance Period June 2011 Page 1 of 2 44 ��, ,�,,,,,.,,:`a. ''��l� MUNICIPAL OPERATIONS &ENGINEERING CITY OF SAINT JOHN 2011 GENERAL SPECIFICATIONS — LIST OF REVISED SECTIONS SECTION TITLE 6.18A Response to Defect, Fault or Deficiency Identified Prior to or During Maintenance Period 6.19.01 Certificate of Substantial Completion 6.19.02 Certificate of Final Completion 6.20.01 Interim Payments 6.20.02 Holdback Release 6.21 Liquidated Damages for Late Completion 6.22 Books and Records of the Contractor and Subcontractors 6.23 Contractor to Pay Promptly 6.24 Wages 6.25 Suspension of Work and Inclement Weather 6.26 Dismissal of Contractor 6.27 Bankruptcy and Insolvency 6.29 Contract Documents Available on Site 6.30 Notices 6.32.01 (New) Engineer to Decide Contract Related Issues 6.32.02 (New) Notice of Claim for Additional Time or Money 6.32.03 (New) Barred Claims 6.32.04 (New) Engineer's Decision 6.32.05 (New) Contractor's Obligations Following the Engineer's Decision 6.32.06 (New) Arbitration 6.33 Equivalents 6.34 Verbal Arrangements 6.35 Others Rights 6.36 Claims of Contractors 6.37 Elected Members 6.38 Night, Saturday, Sunday and Holiday Work 6.39 Right of Set Off 6—Schedule A Confirmation of Coverage June 2011 Page 2 of 2 45 �,�� MUNICIPAL OPERATIONS �,<^. &ENGINEERING ,�,. ,�'� City of Saint )ohn CONTRACT SPECIFICATIONS DIVISION 2 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES MONTH 2O11 46 ��`-,� �. �v a,��:�,�. •°•��,?` �. TABLE OF CONTENTS ,� City of Saint �ohn DIVISION 2—INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES Section Paqe 2.1 Trade Treaties and Tendering Policy.............................................................................. 2-1 2.1.01 Internal Trade Agreements................................................................................ 2-1 2.1.02 Tendering Policy................................................................................................ 2-1 2.2 Material Disclosures........................................................................................................ 2-1 2.2.01 General .............................................................................................................. 2-1 2.2.02 Permits Required for Project.............................................................................. 2-1 2.2.03 Deemed Examination and Acceptance.............................................................. 2-1 2.2.04 Availability of Services....................................................................................... 2-1 2.2.05 Tax..................................................................................................................... 2-2 2.2.06 Performance Guarantees Required Prior to Contract Execution....................... 2-2 2.2.07 Insurance ........................................................................................................... 2-2 2.2.08 WorksafeNB Certificate and Business Corporations Act Certificate.................. 2-3 2.2.09 New Brunswick Construction Safety Association .............................................. 2-3 2.2.10 Timetable for Completion of the Work............................................................... 2-3 2.3 Schedule for the Tender Process ................................................................................... 2-4 2.4 Tender pocuments.......................................................................................................... 2-4 2.4.01 Tender pocuments to be Obtained in Prescribed Manner................................ 2-4 2.5 Communications After Issuance of Tender..................................................................... 2-5 2.5.01 Tenderers to Review Tender pocuments.......................................................... 2-5 2.5.02 Fax and Email Communications........................................................................ 2-6 2.5.03 Addenda: Responses to Enquiries and Amendments or Clarifications to Tender Documents......................................................................................................... 2-6 2.6 Submission of Tender..................................................................................................... 2-7 2.6.01 Location of Tender Box for Submission of Tender............................................ 2-7 2.6.02 Tenders Must be Submitted Only in the Prescribed Manner............................. 2-7 2.6.03 Contingency Allowance...................................................................................... 2-8 2.6.04 Tenders Must be Placed in the Tender Box Before Tender Closing ................. 2-8 2.6.05 Amending or Withdrawing Tender Prior to Tender Closing ............................... 2-8 2.6.06 Tenderers Shall Bear Costs of Preparing and Submitting a Tender ................. 2-8 � 47 � �,; .o,��u�.�. TABLE OFCONTENTS City of Sain[ )ohn DIVISION 2—INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES Section Paqe 2.6.07 Tenders in English ............................................................................................. 2-9 2.6.08 Tender Acceptance Period ................................................................................ 2-9 2.6.09 Tender pocuments Incorporated Into Tender.................................................... 2-9 2.7 Amendment or Withdrawal of Tender Post Tender Closing ........................................... 2-9 2.7.01 No Amendment Post Tender Closing ................................................................ 2-9 2.7.02 Withdrawal Requests......................................................................................... 2-9 2.8 Tender Evaluation Process............................................................................................2-10 2.8.01 Delivery of Tender Box to Tender Opening Room............................................2-10 2.8.02 Tender Opening Process..................................................................................2-10 2.8.03 Stage 1: Evaluation of Mandatory Requirements.............................................2-10 2.8.04 Stage 2: Evaluation of Tender Price.................................................................2-11 2.8.05 Selection of the Successful Tenderer...............................................................2-11 2.9 Notice of Selection and Execution of Contract ..............................................................2-11 2.9.01 Selection of Tenderer........................................................................................2-11 2.9.02 Over-Budget Bids..............................................................................................2-12 2.9.03 Failure to Enter Into the Contract......................................................................2-12 2.10 Confidential Information and Media Communications...................................................2-12 2.10.01 Tenderers Confidential Commercial Information ..............................................2-12 2.10.02 Tenderers Not to Communicate with Media and Public....................................2-12 2.11 Reserved Rights.............................................................................................................2-13 2.12 Limitation of Liability and Waiver...................................................................................2-15 2.13 Invoices..........................................................................................................................2-15 APPENDIX A: Tendering Policy for Construction Contracts.................................................2-16 ii 48 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES 2.1 TRADE TREATIES AND TENDERING POLICY 2.1.01 Internal Trade Aqreements Tenderers should note that the within procurement is subject to internal trade agreements including the Agreement on Internal Trade and the Atlantic Procurement Agreement. 2.1.02 Tendering Policv Tenderers should note that the within Procurement shall conform with The City of Saint John "Tendering Policy for Construction Contracts" which is attached hereto as Appendix"A". 2.2 MATERIAL DISCLOSURES 2.2.01 General The City makes the following material disclosures with respect to this Request for Tender. While the City has used considerable efforts to ensure the accurate representation of all information in this Request for Tender, including these material disclosures, such information is supplied solely as a guideline for Tenderers. The City does not warrant or guarantee the accuracy of such information, nor is such information necessarily comprehensive or exhaustive. Nothing in this Request for Tender is intended to relieve Tenderers of the obligation to form their own opinions and reach their own conclusions with respect to the matters addressed in this Request for Tender. 2.2.02 Permits Required for Proiect Except as stated otherwise in the Tender pocument, any and all permits and approvals required by the Authorities having jurisdiction, and arrangements for all inspections of the Work by these Authorities shall be obtained and paid for by the Contractor. The cost of such approvals, permits and inspection shall be included in the Tender Price. 2.2.03 Deemed Examination and Acceptance Tenderers should note that by submission of a Tender they will be deemed to have examined and accepted the Specifications and Drawings, visited the site, and informed themselves as to existing conditions and limitations. 2.2.04 Availability of Services The Tenderer shall ascertain from the relevant Authorities the availability of services, including, but not limited to, electricity, sewer, water, telephone, natural gas and transportation to the project and shall ascertain what prior notice each Authority will require for the installation of the service to the project. June 2011 2-1 49 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.2 MATERIAL DISCLOSURES(Cont'd) 2.2.05 Tax a) Tenderers are advised to make special note of all applicable tax procedures. b) The City is required to pay the Harmonized Sales Tax (HST). c) The total tendered amount shall include the appropriate taxes on all labour, material and equipment to be incorporated into the Work. d) Tenderers shall submit their Tenders on the basis that the total amount of the Tender shall include all taxes for which the City is liable. e) Any increase or decrease in costs to the Tenderer due to the changes in such taxes and duties, after the date of the Tender Closing, shall increase or decrease the value of the Contract accordingly. 2.2.06 Performance Guarantees Required Prior to Contract Execution Within five (5) Working Days following the City's notice of selection, the selected Tenderer shall provide the City with the required Performance Guarantees, in the form of either: a) A Performance Bond and a Labour and Material Payment Bond, each at fifty percent (50%) of the Tender Price covering the faithful performance of the full Contract. The bonds shall be in favour of The City of Saint John and show The City of Saint John as obligee; or b) A certified cheque in the amount of twenty percent (20%) of the Tender Price covering the faithful performance of the full contract. 2.2.07 Insurance Tenders should refer to Division 6 (section 6.7)for details regarding insurance requirements. June 2011 2-2 50 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.2 MATERIAL DISCLOSURES(Cont'd) 2.2.08 WorksafeNB Certificate and Business Corporations Act Certificate a) New Brunswick Tenderers shall provide to the City a WorkSafeNB certificate which confirms proper registration and good standing with WorkSafeNB and a Business Corporations Act Certificate which confirms proper registration and good standing with the Province of New Brunswick - Corporate Affairs within five (5) Working Days following the City's notice of selection. b) Out-of-province Tenderers shall provide to the City a WorkSafeNB certificate which confirms proper registration and good standing with WorkSafeNB or a letter or certificate issued under the equivalent applicable legislation in the province of origin of the Tenderer confirming extension of coverage from said legislation to the Province of New Brunswick for the term of the Contract. Subject to paragraph c), out-of- province Tenderers shall also provide a Business Corporations Act Certificate which confirms proper registration and good standing with the Province of New Brunswick - Corporate Affairs within five (5) Working Days following the City's notice of selection. c) Tenderers from Nova Scotia may submit the appropriate Business Corporations Act Certificate from the Province of Nova Scotia. 2.2.09 New Brunswick Construction Safety Association If the total Tender Price for the work, inclusive of HST, is one million dollars ($1,000,000.00) or more, Tenderers shall supply a Letter of Good Standing under the Certificate of Recognition Program from the New Brunswick Construction Safety Association. Out-of-Province Tenderers shall supply an equivalent from the Tenderer's Province of origin acceptable to the Engineer. 2.2.10 Timetable for Completion of the Work The Substantial Completion of the Work is June 2011 2-3 51 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.3 SCHEDULE FOR THE TENDER PROCESS Issue Date of Request for Tender Deadline for Enquiries Deadline for Issuing Addenda Tender Closing The Schedule for the Tender Process is tentative only and may be changed by the City in its sole discretion at any time prior to Tender Closing. 2.4 TENDER DOCUMENTS 2.4.01 Tender pocuments to be Obtained in Prescribed Manner Tender pocuments shall be obtained from Municipal Operations & Engineering, 175 Rothesay Avenue, 1S' Floor, Saint John, New Brunswick. In order to obtain the Tender pocuments the following requirements must be met: a) deposit a non-refundable payment for each set of Tender pocuments in an amount specified in the tender advertisement; and b) the Tenderer must register on the City's official list of bidders for this project, as follows: (i) registration of the full legal name, contact person, telephone number, email address and fax number of the Tenderer obtaining the Tender pocuments; or, if applicable, (ii) the registration of the full legal name, contact person, telephone number, email addresss and fax number of the Tenderer on whose behalf the Tender pocuments are being obtained. The names of the Tenderers having complied with the above criteria will be consolidated onto the City's official bidders list. Only Tenderers listed on the City's official bidders list shall be entitled to submit a Tender. Any Tender received from a Tenderer who has not obtained the Tender pocuments from Municipal Operations & Engineering and is not registered on the City's official list of bidders for this project in the manner set out above will not be evaluated. The City will not disclose its official list of bidders to Tenderers. June 2011 2-4 52 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.5 COMMUNICATIONS AFTER ISSUANCE OF TENDER 2.5.01 Tenderers to Review Tender pocuments Tenderers shall promptly examine all Tender pocuments and: a) shall report any errors, omissions or ambiguities; and b) may direct enquiries or seek additional information in writing by email or fax before the Deadline for Enquiries to the Authorized Enquiries Contact or the Designated Alternate Contact (in the event of absence) as set out below. No such communications are to be directed to anyone other than the Authorized Enquiries Contact or the Designated Alternate Contact. Authorized Enquiries Contact Desiqnated Alternate Contact , P.Eng. Brian Keenan, P. Eng. Project Engineer Engineering Manager Municipal Operations & Engineering Municipal Operations & Engineering City of Saint John City of Saint John Email: @saintjohn.ca Email: brian.keenan@saintjohn.ca Fax: (506) Fax: (506) It is the Tenderer's responsibility to seek clarification from the City on any matter it considers unclear. The City shall not be responsible for any misunderstanding on the part of the Tenderer concerning this Tender or its process. The City intends to confirm receipt of a Tenderer's communication by way of an email or facsimile in reply. If a Tenderer has not received a reply, the Tenderer may wish to resend its communication as the lack of reply may have resulted from a technical problem. The City is under no obligation to respond to enquiries or provide additional information but may do so at its sole discretion. June 2011 2-5 53 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.5 COMMUNICATIONS AFTER ISSUANCE OF TENDER(Cont'd) 2.5.02 Fax and Email Communication The following provisions shall apply to any communications with the Authorized Enquiry Contact or the Designated Alternate Contact by fax or email where such fax or email communication or delivery is permitted by the terms of this Tender: a) The City does not assume any risk or responsibility or liability whatsoever to any Tenderer: (i) for ensuring that any fax transmission equipment or email system being operated for the City is in good working order, able to receive transmissions, or is not engaged in receiving other transmissions such that a Tenderer's transmission cannot be received; (ii) if a permitted fax or email communication or delivery is not received by the City, or is received in less than its entirety, within any time limit specified by this Tender; and (iii) for any error that may occur in the submission of communications or enquiries. b) All permitted communications submitted by a Tenderer by email or fax to the Authorized Enquiries Contact or the Designated Alternate Contact shall be deemed to have been received on the dates and times indicated on the Authorized Enquiry ContacYs or the Designated Alternate Contact's fax transmission equipment or email system 2.5.03 Addenda: Responses to Enquiries and Amendments or Clarifications to Tender pocuments The City may, in its sole and absolute discretion, through the Authorized Enquiry Contact or the Designated Alternate Contact, respond to enquiries and/or amend the Tender pocuments before Tender Closing. Written Addenda are the only means of responding to enquiries or amending the Tender pocuments. Only the Authorized Enquiry Contact or the Designated Alternate Contact, and no other employee or agent of the City, is authorized to respond to enquiries and amend the Tender pocuments by issuing an Addendum. Responses to enquiries, changes, clarifications or corrections prepared and circulated by the City form part of the Tender pocuments and will be issued as Addenda. Responses will be made in writing and distributed by fax and/or email to all Tenderers who are registered on the City's official bidders list in accordance with the procedure outlined in section 2.4.01 b)above, as of the date the response is prepared by the City. Each Addendum will contain a signature page(s)which each Tenderer is required to sign and include with its Tender submission. While the City will make reasonable efforts to deliver each Addendum to all Tenderers, it makes no guarantee of timely delivery of any Addendum to any Tenderer. June 2011 2-6 54 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.5.03 Addenda: Responses to Enquiries and Amendments or Clarifications to Tender pocuments (Cont'd) The City will not identify the source of the question in the response. If a Tenderer requests that an enquiry be treated as confidential, the City, in its sole discretion, will either treat the enquiry or any reply as confidential or inform the Tenderer that it will not respond to the enquiry unless the Tenderer withdraws in writing its request that the enquiry be treated as confidential. Orally communicated information shall not be binding upon the City. Information offered from sources other than the Authorized Enquiry Contact or the Designated Alternate Contact with regard to the content, intent or interpretation of this Tender is not official, may be inaccurate and should not be relied on in any way, by any Tenderer, for any purpose. 2.6 SUBMISSION OF TENDER 2.6.01 Location of Tender Box for the Submission of Tender 175 Rothesay Avenue, 2�d Floor Saint John, New Brunswick 2.6.02 Tenders Must be Submitted Only in the Prescribed Manner a) Tenders must be submitted in the prescribed Form of Tender together with the prescribed Schedule of Quantities and Unit Prices. The Form of Tender and the Schedule of Quantities and Unit Prices shall be filled out in ink or typewritten and bear the signature in longhand. b) Tenderers must submit one completely filled out original Form of Tender signed by an authorized representative and should include the following information written on the outside of the sealed envelope: (i) Tender No.; (ii) Title of Work; (iii) The full legal name and return address of the Tenderer; and (iv) Tender Closing date and time. c) Each Tender shall be accompanied by a Tender (Bid) Bond or certified cheque in the amount of $ or ten percent (10°/a) of the Tender Price. d) Each Tender must be sealed and be addressed to the attention of the Purchasing Agent, City of Saint John, 2nd Floor,175 Rothesay Avenue, Saint John, New Brunswick E2S 2B4. e) All Tenders shall include a surety consent letter or agreement to bond as per the requirements in the Form of Tender. June 2011 2-7 55 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.6 SUBMISSION OF TENDER(Cont'd) 2.6.03 Contingencv Allowance The Tender Price shall include the contingency allowance as specified in the Schedule of Quantities and Unit Prices, to cover additional costs that may occur during the execution of the Contract attributed to approved additional work not originally contemplated. No part of this allowance shall be expended without the written direction of the Engineer, and any part not so expended shall be deducted from the contingency allowance. 2.6.04 Tenders Must be Placed in the Tender Box Before Tender Closinq It is the responsibility of each Tenderer to ensure that its Tender is placed in the Tender Box before Tender Closing. Tenders submitted by fax or by any other electronic transmission will not be considered. Tenders submitted after Tender Closing will be deemed late, Disqualified and returned to the Tenderer unopened. For the purpose of calculating time, the City clock at the location of the Tender Box shall govern. The City is not responsible for any Tender that has not been placed in the Tender Box by the Tenderer. The City assumes no responsibility for improperly addressed or delivered Tenders, Tenders that are left outside of the Tender Box, or sent by electronic transmission. 2.6.05 Amendinq or Withdrawinq Tender Prior to Tender Closinq At any time prior to Tender Closing, a Tenderer may amend or withdraw a submitted Tender by placing an amending letter signed by the person who signed the Tender in a sealed envelope in the Tender Box before the Tender Closing. The amending letter should clearly specify that the Tenderer intends to withdraw its Tender or, in the case of an amendment, clearly indicate the part of the Tender that the amending letter is intending to replace. In the case of a unit price contract, the amending letter shall show the revision to the Tender Price. In the case of a lump sum contract, the amending letter shall state the amount to be added or subtracted from the Tender Price. The sealed envelope should clearly state the full legal name of the Tenderer, as well as the Tender No., Title of Work, and Tender Closing date and time as stated in section 2.6.02 b). Amending letters that are left outside of the Tender Box, or sent by mail, by facsimile, electronically, or by other means will not be considered. 2.6.06 Tenderers Shall Bear the Costs of Preparinq and Submittinq a Tender Under no circumstances will the City be responsible for a Tenderer's costs of preparing or submitting a Tender. June 2011 2-8 56 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.6 SUBMISSION OF TENDER(Cont'd) 2.6.07 Tenders in English All Tenders are to be in English only. Any Tenders that are not entirely in the English language may be disqualified. 2.6.08 Tender Acceptance Period Tenders submitted before Tender Closing shall remain open to acceptance in the form submitted by the Tenderer for a period of sixty (60) calendar days after Tender Closing. Failure of the Tenderer to keep the Tender open for sixty (60) calendar days will result in the enforcement of the Tender (Bid) Bond or the cashing of the certified cheque submitted in lieu of the Tender (Bid) Bond pursuant to section 2.6.02 c). 2.6.09 Tender pocuments Incorporated Into Tender By submission of a Tender, a Tenderer is deemed to have accepted and incorporated all the instructions and terms and conditions contained in the Tender pocuments into its Tender. Submission of a Tender shall also confirm that the Tenderer is satisfied as to the correctness and sufficiency of the Tender, the Tender Price and the prices entered in the Schedule of Quantities and Unit Prices. 2.7 AMENDMENT OR WITHDRAWAL OF TENDER POST TENDER CLOSING 2.7.01 No Amendment Post Tender Closinq No Tenderer is permitted to amend or withdraw its Tender after Tender Closing. A Tenderer who discovers an error in his Tender after Tender Closing may leave the Tender as is or request permission from Common Council to withdraw its Tender. A request to withdraw a Tender after Tender Closing must be delivered, along with the reasons for the request, to the Common Clerk for consideration by Common Council within twenty-four (24) hours of Tender Closing. 2.7.02 Withdrawal Requests Common Council, in its sole discretion, will decide whether or not to grant the withdrawal request based on the information supplied by the Tenderer and a recommendation from City staff. Where Common Council, in its sole discretion, decides to not allow the withdrawal, Common Council may require the Tenderer to perform the Contract or forfeit the Tender (Bid) Bond or the certified cheque submitted in lieu thereof pursuant to section 2.6.02 c). June 2011 2-9 57 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.8 TENDER EVALUATION PROCESS 2.8.01 Delivery of Tender Box to Tender Openinq Room Immediately following Tender Closing, the Purchasing Agent shall deliver the Tender Box to the tender opening room where it will be publicly opened by the Tender Opening Committee. 2.8.02 Tender Openinq Process All Tenders shall be removed from Tender Box, opened, evaluated pursuant to Section 2.8.03, then read and recorded by the Tender Opening Committee in public at the Tender Opening Location. The Tender Opening Committee shall open each Tender individually. Tenders submitted by Tenderers who are not registered on the City's official bidders list according to the procedure outlined in section 2.4.01 b) will not be evaluated. The Tender Opening Committee will conduct the evaluation of the Tenders in two stages. 2.8.03 Staqe 1: Evaluation of Mandatorv Requirements Stage 1 will consist of a review to determine which Tenders comply with all of the mandatory requirements. Tenders which do not comply with all of the mandatory requirements set out below, shall be Disqualified and not evaluated further. Tenders shall be deemed as not complying with the mandatory requirements where: a) The Tender is not in a sealed envelope which bears on its face the full legal name and address of the Tenderer, the Tender number, Title of Work and Tender Closing date and time. b) The Tender is illegible or its pricing terms or conditions cannot be understood by the Tendering Opening Committee. c) Where it is a Tender for more than one item and where it is required that all items be bid, there is a failure to bid an item or it does not contain a unit price or extended total of all items to be bid. d) The Tender contains a bid on an item not included in the Schedu/e of Quantities and Unit Prices. e) The Tender does not contain the total tender price, the unit prices or the fixed price written in words or does not have the words "dollars" and, where applicable, "cents" set out in the written total tender price, unit prices or fixed price on the Schedule of Quantities and Unit Prices. f) The Tender is not accompanied by the required Tender (Bid) Bond or certified cheque pursuant to section 2.6.02 c). g) The Tender does not include a fully completed prescribed Form of Tender, signed by an authorized agent, which bears the Tenderer's corporate seal, pursuant to section 2.6.02 a) and Division 4. June 2011 2-10 58 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.8.03 Staqe 1: Evaluation of Mandatory Requirements (Cont'd) h) The Tender does not include all required documents specified in the Form of Tender, does not comply with the provisions of the Tender Documents, or does not include the signature page(s) of all addenda issued to the Tenderers signed by the Tenderer. i) The Form of Tender contains a change in price that is not initialed by the person signing the Form of Tender. j) The Tender contains an unsolicited alternative or a qualification to the terms of the Tender pocuments. k) Where a Tenderer submits more than one Tender in response to the Request for Tender, all such Tenders shall be Disqualified. Tenders which are Disqualified by the Tender Opening Committee will be returned to the Tenderer at the address contained in the Tender or in person if the Tenderer is present at the Tender Opening. Tender Prices of Disqualified Tenders will not be announced at the Tender Opening. 2.8.04 Staqe 2: Evaluation of Tender Price Stage 2 will consist of a recording of the Tender Prices by the Tender Opening Committee. 2.8.05 Selection of the Successful Tenderer At the conclusion of Stage 1 and Stage 2 of the evaluation process and, subject to the approval of selection by Common Council and the reserved rights of the City, the selected Tenderer will enter into the Contract, as set out in the Tender pocuments. 2.9 NOTICE OF SELECTION AND EXECUTION OF CONTRACT 2.9.01 Selection of Tenderer Notice of selection by the City to the selected Tenderer will be in writing. Within five (5) Working Days following the City's notice of selection, the Tenderer shall provide to the City: a) those items listed at section 6.7.04 ("Insurance Policies and Certificates"); b) an executed Form of Agreement(Division 5); and c) the required Performance Guarantees pursuant to section 2.2.06 This provision is solely to the benefit of the City and may be waived by the City at its sole discretion. June 2011 2-11 59 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.9 NOTICE OF SELECTION AND EXECUTION OF CONTRACT (Cont'd) 2.9.02 Over-Budqet Bids If the Tender Price of the lowest compliant Tender exceeds the City's project budget or the Engineer's estimate for the Project, the City may proceed with negotiations with the lowest compliant Tenderer. Said negotiations shall be conducted within a prescribed timeframe to identify changes in scope and/or quantities of work, in exchange for a corresponding bid price reduction. Where the City and lowest compliant Tenderer establish acceptable changes and a corresponding bid price reduction, those changes shall be documented as post-bid addendum. Any such negotiations or resulting recommendations shall be conditional and subject to the approval of Common Council and, in accordance with the Limitation of Liability and Waiver set out in section 2.12 below, there shall be no liability resulting from any failure to award a contract. Where acceptable changes and a corresponding bid price reduction cannot be successfully negotiated with the lowest compliant Tenderer, the City may proceed with a new tender call at a later date. 2.9.03 Failure to Enter Into the Contract In addition to all of the City's other remedies, such as the enforcement of the Tender (Bid) Bond, if a selected Tenderer fails to execute the Contract, or satisfy any of the applicable conditions set out above at section 2.9.01 within five (5) Working Days of the notice of selection, the City may, in its sole and absolute discretion and without incurring any liability rescind the selection of the Tenderer and proceed with the selection of the next lowest compliant Tenderer. 2.10 CONFIDENTIAL INFORMATION AND MEDIA COMMUNICATIONS 2.10.01 Tenderer's Confidential Commercial Information The City is committed to an open and transparent Tendering Process while understanding the Tenderers' need for protection of confidential commercial information. To assist the City in meeting this commitment, Tenderers will cooperate and extend all reasonable accommodation to this endeavour. 2.10.02 Tenderer Not to Communicate With Media and Public To ensure that all public information generated about the Work is fair and accurate, and will not inadvertently or otherwise influence the outcome of the Tendering Process, all public information generated in relation to the Work, including communications with the media and the public, must be coordinated with, and is subject to the prior approval of, the City. Tenderers will notify the City of requests for information or interviews from the media. June 2011 2-12 60 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.10.02 Tenderer Not to Communicate With Media and Public (Cont'd) Tenderers will ensure that all of the Tenderers' Subcontractors and others associated with the Tenderer comply with the foregoing requirements. 2.11 RESERVED RIGHTS The City reserves the right to: a) Reject an unbalanced Tender. For the purpose of this section, an unbalanced tender is a tender containing a unit price which deviates substantially from, or does not fairly represent reasonable and proper compensation for the unit of work bid or one that contains prices which appear to be so unbalanced as to adversely affect the interests of the City. The City reserves the right to use tenders submitted in response to this Request for Tender or for other like or similar work as a guideline in determining if a bid is unbalanced. b) Amend or modify the scope of the Work, and/or cancel or suspend the Tender award, at any time for any reason; c) Require Tenderers to provide additional information after the Tender Closing to support or clarify their Tender; d) Not accept any or all Tenders; e) Not accept a Tender from a Tenderer who is involved in litigation, arbitration or any other similar proceeding against the City; f) Reject any or all Tenders without any obligation, compensation or reimbursement to any Tenderer or any of its team members; g) Withdraw this Request for Tender and cancel or suspend the Tendering Process; h) Extend, from time to time, any date, any time period or deadline provided in this Tender (including, without limitation, the Tender Closing), upon written notice to all Tenderers; i) Assess and reject a Tender on the basis of: (i) information provided by references; (ii) the Tenderer's past performance on previous contracts; (iii) the information provided by a Tenderer pursuant to the City exercising its clarification rights under this Tendering Process; (iv) the Tenderer's experience with performing the type and scope of work specified including the Tenderer's experience as a general contractor; (v) other relevant information that arises during this Tendering Process; j) Waive formalities and accept Tenders which substantially comply with the requirements of this Request for Tender; June 2011 2-13 61 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.11 RESERVED RIGHTS(Cont'd) k) Verify with any Tenderer or with a third party any information set out in a Tender; I) Disqualify any Tenderer whose Tender contains misrepresentations or any other inaccurate or misleading information; m) Disqualify any Tenderer who has engaged in conduct prohibited by the Tender Documents; n) Make changes, including substantial changes, to the Tender pocuments provided that those changes are issued by way of addenda in the manner set out in these Instructions to Tenderers; o) Select any Tenderer other than the Tenderer whose Tender reflects the lowest cost to the City; p) Cancel this Tendering Process at any stage; q) Cancel this Tendering Process at any stage and issue a new Request for Tender for the same or similar deliverables; r) Accept any Tender in whole or in part; or s) Accept a Tender which contains the following errors: (i) error in mathematics —whether this involves the extension of a unit price or an error in addition, the mistake will be corrected and the correct total will be used for evaluation purposes and will be binding on the Tenderer. (ii) conflict between the written and numerical bid prices. In all cases, the total bid price will be corrected to reflect the written bid price, whether lump sum or unit price. (iii) failure to include the contingency allowance in the total Tender Price. If the contingency allowance was not included in the addition, the Tender Price shall be corrected to reflect its inclusion. and these reserved rights are in addition to any other express rights or any other rights which may be implied in the circumstances and the City shall not be liable for any expenses, costs, losses or any direct or indirect damages incurred or suffered by any Tenderer or any third party resulting from the City exercising any of its express or implied rights under this Request for Tender. By submitting a Tender, the Tenderer authorizes the collection by the City of the information set out at paragraph 2.11 i) in the manner contemplated in that subparagraph. June 2011 2-14 62 �� "`z °. � Division 2—Instruction to Tenderers and Tendering Procedures ,�,��o�,� 2.12 LIMITATION OF LIABILITY AND WAIVER Each Tenderer, by submitting a Tender, agrees that: a) Neither the City nor any of its employees, agents, advisors or representatives will be liable, under any circumstances, for any Claim arising out of this Tendering Process including but not limited to costs of preparation of the Tender, loss of profits, loss of opportunity or for any other Claim; and b) The Tenderer waives any Claim for any compensation of any kind whatsoever, including Claims for cost of preparation of the Tender, loss of profit or loss of opportunity by reason of the City's decision to not accept the Tender submitted by the Tenderer, to award a Contract to any other Tenderer or to cancel this Tendering Process, and the Tenderer shall be deemed to have agreed to waive such right or Claim. 2.13 INVOICES a) In light of the requirements of Section 169 of the Excise Tax Act, R.S.C. 1985,c. E-15, and amendments thereto, the selected Tenderer shall provide to the City properly documented invoices with all requests for payments. This includes a government issued business number and the amount of tax included on the invoice. b) Failure to provide properly documented invoices may result in delays in processing payments or outright rejection of the payment request. June 2011 2-15 63 � �,�� MUNICIPAL OPERATIONS ��. &ENGINEERING - ,s,�� City of Saint John APPENDIX 'A' TENDERING POLICY FOR CONSTRUCTION CONTRACTS January 2004 2-16 64 �� "`z °. � Division 2—Instructions to Tenderers and Tendering Procedures ,�,��o�,� c�a 'o, ��a � � � � � O FORT SURG�/ GN'�r/+ 1nOEN\P '1'J� QVORUM,1 M City of Saint john TENDERING POLICY FOR CONSTRUCTION CONTRACTS PREAMBLE Whereas the City of Saint John seeks to duly represent the public interest in the management of its public tendering process for construction contracts; And whereas taxpayers/ratepayers have the right to expect the benefits of free and open competition, that is, the best goods and services at the lowest possible prices; And whereas municipal tendering should duly respect the place of other stakeholders, including vendors and contractors, in the process; And whereas the values of integrity, effectiveness, due process and efficiency must be inherent in the process; Common Council establishes this tendering policy for construction contracts. POLICY AND APPLICABLE STATUTES Persons and/or companies that submit tenders for construction contracts are deemed to have understood and agreed to the requirements of this policy and all applicable tender documentation, as well as all applicable Municipal by-laws and Federal or Provincial statutes. Applicable federal and provincial statutes include, but are not limited to: the Canada Competition Act; the New Brunswick Public Procurement Act; the New Brunswick Crown Construction Act; and the New Brunswick Municipalities Act. January 2004 2-17 65 �� "`z °. � Division 2—Instructions to Tenderers and Tendering Procedures ,�,��o�,� APPLICATION OF POLICY The City of Saint John seeks to optimize fair, open and independent competition for municipal construction work and to afford interested and qualified contractors the opportunity to seek the business. This policy has been established for construction contracts valued in excess of $25,000 (before HST). The procedures detailed herein shall apply to all publicly advertised tender calls issued on behalf of the City of Saint John for construction contracts, but do not apply to publicly advertised tenders for the supply of goods and/or services or to invited bids or calls for proposal. The following divisions of tender specifications for construction contracts form part of this policy: Instruction to Tenderers and Tendering Procedures (Division 2); Form of Tender(Division 4); and Form of Agreement(Division 5). PUBLIC NOTICE OF TENDER/TENDER ADVERTISEMENT A public notice of tender shall be issued for all construction contracts valued in excess of twenty-five thousand dollars ($25,000). The notice shall state the contract number, a brief description, the date and the time for the closing of tenders, the location of the locked box for receipt of tenders, and the date, time and location of the tender opening. TENDER DOCUMENTATION The following documentation shall be provided to those persons or companies who wish to submit a tender, at an appropriate cost as determined by the Chief City Engineer: 1. Division 1: Project Description—as determined by the Chief City Engineer or his designate; 2. Division 2: Instruction to Tenderers and Tendering Procedures—forming part of this policy; 3. Division 3: Particular Specifications - as determined by the Chief City Engineer or his designate; 4. Division 4: Form of Tender - forming part of this policy, and including a Certificate of Independent Tender Determination; 5. Division 5: Form ofAgreement-forming part of this policy; 6. A notice that Division 6: General Administration of Contract and Division 7: Construction of Municipa/ Services of the General Specifications of the Municipal Operations & Engineering Department apply to all contracts, and that it is the responsibility of the tenderer to familiarize himself with the provisions in Divisions 6 and 7, as well as those of any other division in the General Specifications determined by the Chief City Engineer or his designate to be applicable to the contract; and 7. Applicable contract drawings, as determined by the Chief City Engineer or his designate. January 2004 2-18 66 �� "`z °. � Division 2—Instructions to Tenderers and Tendering Procedures ,�,��o�,� TENDER PROCESSING Tenders shall be received and processed in accordance with the provisions set out in Division 2: Instruction to Tenderers and Tendering Procedures. TENDER OPENING COMMITTEE A tender opening committee is hereby established, consisting of a chairman and two members, as follows: Chairman: Purchasing Agent or his designate Member: Chief City Engineer or his designate Member: A member of staff designated by the City Manager The committee shall proceed in accordance with the provisions set out in Division 2. TENDER REJECTION AND AWARD OF CONTRACT The City of Saint John reserves the right to reject any or all tenders, or to accept a tender other than the lowest tender and to accept the tender deemed to be in its best interests, based on evaluation of relevant criteria, including quality, service and price. Common Council shall make the decision as to whether or not a contract shall be awarded and to whom it will be awarded. GENERAL SPECIFICATIONS The Chief City Engineer may, from time to time, revise the technical provisions of the General Specifications to reflect changes in technology, methods or construction industry practices. APPROVAL AND EFFECTIVE DATE This policy, adopted by Common Council on November 19, 2003, shall become effective on January 1 St, 2004. January 2004 2-19 67 ' �,�� MUNICIPAL OPERATIONS �,�. &ENGINEERING - ,z�� ,� City of Saint John CONTRACT SPECIFICATIONS DIVISION 4 FORM OF TENDER MONTH 2O11 68 ��`-,� �. `°'�v a,:,�. �� TABLE OF CONTENTS ,� City of Saint �ohn DIVISION 4—FORM OF TENDER Section Paqe 4.1 Tender ldentification..............................................................................................................4-1 4.2 Tenderer's Responsibilities and Agreement.........................................................................4-1 4.3 Bonding and Insurance Commitments.................................................................................4-3 4.3.01 Tender Deposit........................................................................................................4-3 4.3.02 Performance Guarantee..........................................................................................4-3 4.3.03 Insurance.................................................................................................................4-4 4.4 Statements............................................................................................................................4-4 4.4.01 Reference as to Tenderer's Financial Status..........................................................4-4 4.4.02 Particulars of Tenderer's Recent Contracts............................................................4-4 4.4.03 Particulars of Current Construction Work by Tenderer..........................................4-7 4.4.04 Tenderer's Senior Supervisory Staff.......................................................................4-7 4.4.05 Tenderer's Plant......................................................................................................4-8 4.4.06 Tenderer's Other Resources...................................................................................4-8 4.4.07 Sub-Contractors and Suppliers...............................................................................4-9 4.5 Schedule of Quantities and Unit Prices................................................................................4-9 4.6 Certificate of Independent Tender Determination...........................................................4-9 APPENDIX 4A: SCHEDULE OF QUANTITIES AND UNIT PRICES (Schedule format shall be as specified by the Engineer)................................4-12 ATTACHMENT: TENDERER'S CHECKLIST .......................................................................4-13 (Provided for information only) � 69 ,�.�?.� '`�=�y'"' Division 4—Form of Tender ,�W� 4.1 TENDER IDENTIFICATION Tender No: Title of Work: 4.2 TENDERER'S RESPONSIBILITIES AND AGREEMENT TO THE CITY OF SAINT JOHN, NEW BRUNSWICK: The undersigned hereby agrees that failure to complete all required parts of the Form of Tender shall be subject to the reserved rights of the City and shall be grounds for rejection of the Tender in accordance with Section 2.11 The undersigned Tenderer has carefully examined the site of the Work described herein, has become familiar with local conditions and the character and extent of the Work, has carefully examined every part of the proposed Contract, and thoroughly understands its stipulations, requirements and provisions and has carefully examined all of the following documents which together comprise the Tender pocuments: 1.Project Description (Division 1) 2.Instructions to Tenderers and Tendering Procedures (Division 2) 3.The Particular Specifications (Division 3) 4.The Form of Tender(Division 4) 5.The Form of Agreement(Division 5) 6.The General Specifications (Divisions 6 through 31) 7.The Plans and Drawings 8.Addenda Issued together, the"Tender pocuments". The undersigned Tenderer has determined the quality and quantity of materials required, has investigated the location and determined the source of supply of materials required, has investigated labour conditions, and has arranged for the continuous execution of the Work herein described. The undersigned Tenderer hereby agrees to be bound by the award of the contract, and if awarded the Contract, to sign the Form of Agreement (Division 5) within five (5) working days following the City's Notice of Selection. In the event the City accepts its Tender, the undersigned Tenderer hereby agrees to Substantially Complete the Work no later than The undersigned Tenderer agrees that he has received all Addenda and the Tender Price includes the provisions set out in the Addenda. June 2011 4-1 7� ,*.�'.�,, '`�=�y` ' Division 4—Form of Tender .�W�: 4.2 TENDERER'S RESPONSIBILITIES AND AGREEMENT(ConYd) The undersigned Tenderer further agrees to provide all necessary permits, approvals, labour, material, plant, equipment, tools, incidentals, products, water, light, heat, power, transportation, facilities, services and other means of the specified requirements which are necessary to complete the work in accordance with the contract and agrees to accept, therefor, in payment in full, the unit prices stated herein in the Schedule of Quantities and Unit Prices, plus applicable taxes, for the actual quantities performed in accordance with the drawings and specifications, for the total sum of in Canadian Funds, which price includes HST (the"Tender Price"). By submitting a Tender, the Tenderer absolutely waives any right, cause of action or claim for any compensation of any kind whatsoever as a result of participating in this Request for Tender Call or by reason of the City's failure to accept the Tender submitted by the Tenderer, and the Tenderer shall be deemed to have agreed to waive such right, cause of action or claim. Place of Signing: Signed, sealed and delivered at Date of Signing: This day of , in the year Name and Title: By Legal Name of Tenderer.• PLACE Signature of Tenderer or Authorized Agent: SEAL Signature of Witness: HERE Address of Tenderer: June 2011 4-2 71 ,�.�?,�,, '`�=�y` ' Division 4—Form of Tender .�W�: 4.3 BONDING AND INSURANCE COMMITMENTS Failure of the Tenderer to complete Sections 4.3.01, 4.3.02 and 4.3.03 may be grounds for rejection of the Tender. 4.3.01 Tender(Bid) Bond or Certified Cheque A certified cheque or Tender (Bid) Bond accompanies this Tender, as indicated below: (a) Certified Cheque Provided is a certified cheque payable to The City of Saint John in the amount of Signature of Tenderer or Authorized Agent: (b) Tender(Bid) Bond Provided is a Tender (Bid) Bond payable to The City of Saint John in the amount of The Tender (Bid) Bond has been negotiated for, procured from and the premium paid to a New Brunswick resident agent of an insurance company licensed to do business in New Brunswick. Signature of Tenderer or Authorized Agent: 4.3.02 Performance Guarantees One of the following acceptable forms of Performance Guarantees will accompany the Contract, as indicated below: (a) Performance Bond The Performance Bond and the Labour and Material Payment Bond, each at fifty percent (50%) of the Tender Price covering the faithful performance of the full Contract, will be negotiated for, procured from and the premium paid to an insurance company licensed to do business in the Province of New Brunswick. A surety consent letter or Agreement to Bond must accompany the Tender submission. Signature of Tenderer orAuthorized Agent: June 2011 4-3 72 ,•.�?.�,, '`�=�y` ' Division 4—Form of Tender .�W�: 4.3.02 Performance Guarantees (Cont'd) (b) Certified Cheque In lieu of the performance bond and the labour and material payment bond, we shall supply a certified cheque in the amount of twenty percent (20%) of the Tender Price. Signature of Tenderer or Authorized Agent: 4.3.03 Insurance The undersigned Tenderer has reviewed the insurance requirements in the Contract. The following provision for contract insurances will be utilized, as indicated below: The insurance required in the contract will be negotiated for, procured from and the premium paid to an insurance company licensed to do business in the Province of New Brunswick. Signature of Tenderer orAuthorized Agent: 4.4 STATEMENTS A Tender which does not include completed statements at Sections 4.4.01 to 4.4.07 hereunder and the duly completed Schedule of Quantities and Unit Prices at Appendix 4A may be Disqualified. 4.4.01 Reference Reqardinq Tenderer's Financial Status Name of Reference: Address of Reference: 4.4.02 Particulars of Tenderer's Recent Contracts The Tenderer shall provide hereunder particulars of at least three (3), and if possible, five (5) contracts which the Tenderer has successfully carried to completion within the last three (3)years, or is now carrying to completion. Tenderers shall be actually engaged in performing the type and standard of work specified, and the projects referenced below shall be work of a similar character to the Work now being tendered and shall be of comparable or greater size. Tenderers who have not performed work for The City of Saint John within the last three (3) years shall submit additional information with the Form of Tender that would demonstrate the Tenderer's ability to perform the type and standard of work specified and the Tenderer's financial, technical and project management reliability. June 2011 4-4 73 ,'.�,`.i '`�=�y'`' Division 4—Form of Tender .-,�,��"�� 4.4.02 Particulars of Tenderer's Recent Contracts (ConYd) Contract 1: Brief description of contract: Owner and contact name: Contractor's supervisor: Year completed: Contract Value: Contract 2: Brief description of contract: Owner and contact name: Contractor's supervisor: Year completed: Contract Value: Contract 3: Brief description of contract: Owner and contact name: Contractor's supervisor: Year completed: Contract Value: June 2011 4-5 74 ,'.�,`.i '`�=�y'`' Division 4—Form of Tender .-,�,��"�� 4.4.02 Particulars of Tenderer's Recent Contracts (Cont'd) Contract 4: Brief description of contract: Owner and contact name: Contractor's supervisor: Year completed: Contract Value: Contract 5: Brief description of contract: Owner and contact name: Contractor's supervisor: Year completed: Contract Value: Contract 6: Brief description of contract: Owner and contact name: Contractor's supervisor: Year completed: Contract Value: June 2011 4-6 75 ,�.�.�� '`�=�y'` ' Division 4—Form of Tender .�W�: 4.4.03 Particulars of Current Construction Work by Tenderer If none of the projects described in 4.4.02 were in progress in Canada during the twelve (12) months immediately preceding this Tender, the Tenderer shall provide below particulars of a contract which the Tenderer satisfactorily carried out in Canada during that period. Brief description of contract: Owner and contact name: Date of commencement: Date of(anticipated)completion: Contract value: Contractor's supervisor: 4.4.04 Tenderer's Senior Supervisory Staff The Tenderer shall identify their senior supervisory staff in the spaces below. Tenderers who have not performed work for the City within the last three (3)years shall submit with their Form of Tender a completed resume for each staff member listed hereunder outlining their experience, education, designations/certificates and continued training/education.) Name Position Qualifications #Years Experience June 2011 4-7 76 ,*.�'.�,, '`�=�y` ' Division 4—Form of Tender .�W�: 4.4.05 Tenderer's Plant The Tenderer shall list below the construction plant (type of machinery, equipment, trucks, etc.) the Tenderer proposes to use, other plant under the Tenderers control, and the plant the Tenderer proposes to hire, to complete the work within the time allowed. Model#8� Gas/ Net Engine Bucket Size Type Make Year Diesel Horsepower Excavator GVW 4.4.06 Tenderer's Other Resources The Tenderer shall list below the batch plant, gravel pits or quarries, and the like that the Tenderer proposes to use to complete the work within the time allowed. June 2011 4-8 77 ,*.�'.�,, '`�=�y` ' Division 4—Form of Tender .�W�: 4.4.07 Sub-Contractors and Suppliers Tenderers shall state the name and address of each proposed sub-contractor or supplier. The listing of more than one sub-contractor or supplier for any one sub-trade or failure to submit a complete list of sub-contractors and suppliers may be grounds for rejection of the Tender. After the the City has provided the selected Tenderer with written notification of the City's acceptance of its Tender, the selected Tenderer shall not substitute other sub-contractors or suppliers in place of those named below without the written approval of the Engineer. Sub-Trade or Name of Sub-Contractor/Supplier Address Supplier 4.5 SCHEDULE OF QUANTITIES AND UNIT PRICES The tenderer shall complete and attach as Appendix 4A the required Schedule of Quantities and Unit Prices for the Work tendered, in the format specified by the Engineer. 4.6 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION I, the undersigned, in submitting the accompanying Tender to The City of Saint John for: Tender No.: Title of Work: do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of that: (Corporate Name of Tenderer) June 2011 4-9 7$ ,'.�,`.i '`�=�y'`' Division 4—Form of Tender .-,�,��"�� 4.6 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION (Cont'd) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying Tender will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the Tenderer to sign this Certificate, and to submit the accompanying Tender, on behalf of the Tenderer; 4. Each person whose signature appears on the accompanying Tender has been authorized by the Tenderer to determine the terms of, and to sign, the Tender, on behalf of the Tenderer; 5. For the purposes of this Certificate and the accompanying Tender, I understand that the word "competitor" shall include any individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who: (a) may submit a Tender in response to this Request for Tender; (b) could potentially submit a Tender in response to this Request for Tender, based on their qualifications, abilities or experience; 6. The Tenderer discloses that(check one of the followinq onlv, as applicable): ❑ the Tenderer has arrived at the accompanying Tender independently from, and without consultation, communication, agreement or arrangement with, any competitor; or ❑ the Tenderer has entered into consultations, communications, agreements or arrangements with one or more competitors regarding this Request for Tender, and the Tenderer discloses, in the attached document(s), complete details thereof, including the names of the competitors and the nature of, and reasons for, such consultations, communications, agreements or arrangements. 7. In particular, without limiting the generality of paragraphs (6)(a) or (6)(b) above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) methods, factors or formulas used to calculate prices; (c) the intention or decision to submit, or not to submit, a Tender; or (d) the submission of a Tender which does not meet the specifications of the Request for Tender; except as specifically disclosed pursuant to paragraph (6)(b)above; June 2011 4-10 79 ,'.�,`.i '`�=�y'`' Division 4—Form of Tender .-,�,��"�� 4.6 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION (Cont'd) 8. In addition, there has been no consultation, communication, agreement or arrangement with any competitor regarding the quality, quantity, specifications or delivery particulars of the products or services to which this Request for Tender relates, except as specifically authorized by The City of Saint John or as specifically disclosed pursuant to paragraph (6)(b)above; 9. The terms of the accompanying Tender have not been, and will not be, knowingly disclosed by the Tenderer, directly or indirectly, to any competitor, prior to the date and time of the official Tender Opening, or of the awarding of the Contract, whichever comes first, unless otherwise required by law or as specifically disclosed pursuant to paragraph (6)(b) above. Name of Tenderer or Authorized Agent: Signature of Tenderer or Authorized Agent: Position Tit/e: Date: Address of Tenderer.• June 2011 4-11 $� ,•.�?.�,, '`�=�y` ' Division 4—Form of Tender .�W�: ATTACHMENT: TENDERER'S CHECKLIST (The onus is entirely on the Tenderer to understand all the requirements of the tendering process.and the Tender pocuments. This checklist is provided for information only and is not required to be submitted with the Form of Tender.) BEFORE SUBMITTING YOUR TENDER, CHECK THE FOLLOWING POINTS: ❑ Has your Tender been signed and witnessed? ❑ Have you sealed the Form of Tender with your corporate seal? ❑ Have you enclosed your Tender(Bid) Bond or certified cheque? ❑ Have you enclosed the surety consent letter? ❑ Have you completed all sections of the Form of Tender? ❑ Have you completed all schedules and prices in the Form of Tender? ❑ Have you written each unit price or lump sum price out in words, including the words "dollars" and "cents"? ❑ Have you included signed copies of all addenda signature pages? ❑ Have you listed your Subcontractors and suppliers? ❑ Have you listed your experience in similar work? ❑ Have you listed your senior staff? ❑ Have you listed the Tenderer's plant? ❑ Have you attached required appendices and required supplemental information? ❑ Are the documents complete? ❑ Is everything legible? PLEASE MAKE SURE THAT YOU: (a) Place the Tender in an envelope; (b) Seal the envelope; (c) Put the Tender number, title of Work and closing date and time on the sealed envelope; (d) Put the full legal name and return address of the Tenderer on the envelope; and (e) Deposit the envelope in the Tender Box located at the Municipal Operations & Engineering building, 175 Rothesay Avenue, 2nd Floor, Saint John, N.B. June 2011 4-13 81 ' m, � � MUNICIPAL OPERATIONS �� &ENGINEERING � ��. w�.. �� City of Saint John GENERAL SPECIFICATIONS DIVISION 6 GENERAL ADMINISTRATION OF CONTRACT 82 :s ��,,; ��k. TABLE OF CONTENTS City of Saint John DIVISION 6—GENERAL ADMINISTRATION OF CONTRACT Section Paqe 6.1 Definitions and Interpretations........................................................................................ 6-1 6.2 Extent of Contract and Adherence to Drawings and Specifications ............................... 6-4 6.3 Authority of the Engineer 6.3.01 General .............................................................................................................. 6-4 6.3.02 Orders of the Engineers..................................................................................... 6-4 6.3.03 Construction Methods and Equipment............................................................... 6-4 6.3.04 Unauthorized Work............................................................................................ 6-4 6.3.05 Work to the Satisfaction of the Engineer ........................................................... 6-5 6.3.06 Alterations, Additions and Deletions.................................................................. 6-5 6.4 Contract Documents....................................................................................................... 6-6 6.4.01 Interpretation of Contract Documents................................................................ 6-6 6.4.02 Interpretation of Plans and Contract Specifications........................................... 6-6 6.4.03 Verification of Measurements and Dimensions ................................................. 6-6 6.4.04 Distribution of Contract Documents .................................................................. 6-6 6.5 Sufficiency of Tender...................................................................................................... 6-6 6.6 Assignment .................................................................................................................... 6-7 6.7 Bonds.............................................................................................................................. 6-7 6.7.01 Performance Bond.......................................................................................... 6-7 6.7.02 Labour and Material Payment Bond............................................................... 6-7 6.7.03 Duration of Bonds........................................................................................... 6-7 6.7.04 Certified Cheque(s) in Lieu of Bonds.............................................................. 6-8 6.8 Insurance and Worksafe NB........................................................................................... 6-8 6.8.01 Liability Insurance........................................................................................... 6-8 6.8.02 Automobile Insurance..................................................................................... 6-9 6.8.03 WorkSafeNB................................................................................................... 6-9 6.8.04 Insurance Policies and Certificates ................................................................ 6-9 6.9 Indemnity .......................................................................................................................6-10 6.9.01 Agreement to Indemnify and Hold Harmless.................................................6-10 6.9.02 Loss or Damage ............................................................................................6-10 � 83 ��-�r; il�° � �.�. TABLE OF CONTENTS CiCy of Saint ]ohn DIVISION 6—GENERAL ADMINISTRATION OF CONTRACT Section Paqe 6.10 Labour, Materials, Workmanship and Testing ...............................................................6-10 6.11 Engineer's Representative.............................................................................................6-11 6.12 Contractor's Representative...........................................................................................6-11 6.13 Schedule of Work...........................................................................................................6-12 6.14 Commencement of Work, Possession of Site, Easements, Permitsand Licences.....................................................................................................6-12 6.15 Time For Completion......................................................................................................6-13 6.16 Measurement of the Quantities of Work........................................................................6-13 6.17 Changes in the Work......................................................................................................6-13 6.18 Maintenance Period.......................................................................................................6-15 6.18A Response to Defect, Fault or Deficiency Identified Prior To or During MaintenancePeriod.......................................................................................................6-14 6.19 Certificates (Non-Payment)............................................................................................6-15 6.19.01 Certificate of Substantial Completion ............................................................6-15 6.19.02 Certificate of Final Completion.......................................................................6-15 6.19.03 Certificate of Final Acceptance......................................................................6-16 6.20 Payment Certificates......................................................................................................6-16 6.20.01 Interim Payments...........................................................................................6-16 6.20.02 Holdback Release..........................................................................................6-17 6.20.03 Final Payment................................................................................................6-18 6.21 Liquidated Damages for Late Completion .....................................................................6-18 6.22 Books and Records of the Contractor and Subcontractors ...........................................6-18 6.23 Contractor to Pay Promptly............................................................................................6-19 6.24 Wages ..........................................................................................................................6-19 6.25 Suspension of Work and Inclement Weather................................................................6-19 6.26 Dismissal of Contractor..................................................................................................6-20 ii 84 ��-�r; il�° � �.�. TABLE OF CONTENTS CiCy of Saint ]ohn DIVISION 6—GENERAL ADMINISTRATION OF CONTRACT Section Paqe 6.27 Bankruptcy and Insolvency............................................................................................6-20 6.28 Standard Specifications .................................................................................................6-21 6.29 Contract Documents Available On Site..........................................................................6-21 6.30 Notices ....................................................................................................................6-22 6.31 Waiver ....................................................................................................................6-22 6.32 Disputes-Arbitration......................................................................................................6-22 6.32.01 Engineer to Decide Contract Related Issues.................................................6-22 6.32.02 Notice of Claim for Additional Time or Money...............................................6-23 6.32.03 Barred Claims................................................................................................6-23 6.32.04 Engineer's Decision.......................................................................................6-23 6.32.05 Contractor's Obligations Following the Engineer's Decision.........................6-23 6.32.06 Arbitration.......................................................................................................6-23 6.33 Equivalents ....................................................................................................................6-24 6.34 Verbal Arrangements.....................................................................................................6-25 6.35 Others' Rights ................................................................................................................6-25 6.36 Claims of Contractors.....................................................................................................6-26 6.37 Elected Members...........................................................................................................6-26 6.38 Night, Saturday, Sunday and Holiday Work ..................................................................6-26 6.39 Right of Set Off...............................................................................................................6-27 SCHEDULE A Confirmation of Coverage Form.....................................................................6-28 iii 85 �p�ti� (r�<„£n\ Division 6—General Administration of Contract GENERAL ADMINISTRATION OF CONTRACT 6.1 DEFINITIONS AND INTERPRETATIONS In this Contract the following capitalized words and expressions shall have the following meanings: "ADDENDA" or "ADDENDUM" means each and every written document issued by the Authorized Enquiry Contact or the Designated Alternate Contact for the purpose of responding to an enquiry, amending or clarifying the Tender pocuments and Tendering Process. "APPROVED" or "APPROVAL" refer to approval by the Engineer unless otherwise stated. "AUTHORIZED ENQUIRY CONTACT" means the person(s) identified at section 2.5.01. "AUTHORITY" means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over this Agreement; and Authorities means all such authorities, agencies, bodies and departments. "CITY" and "OWNER" means The City of Saint John, a municipality in the Province of New Brunswick. "CLAIM" means any claim, demand, liability, damage, loss, suit, action, or cause of action or other proceedings by whomsoever claimed and all costs and expenses relating thereto and Claims shall have a corresponding meaning. "COMMON COUNCIL" means the elected municipal council of the City. "CONSULTANT" means a consulting engineer or engineering firm or an architect or architectural firm who or which is currently licensed to practice within the Province of New Brunswick and has been designated or approved by the Chief City Engineer to carry out engineering or architectural services required to complete the project. "CONTRACT" means a written contract to be entered into between the Contractor and the City and includes the Contract Specifications (Project Description (Division 1), the Instructions To Tenderers and Tendering Procedures (Division 2), the Particular Specifications (Division 3), the duly completed Form of Tender (Division 4), the Form of Agreement (Division 5), the General Specifications (Divisions 6 through 30), the Plans and Drawings, and all addenda. "CONTRACTOR" means the selected Tenderer who entered into the Contract with the City, and includes a person who, the Contractor has advised the City in writing, is authorized to act as the representative of the Contractor. "CONTRACT PRICE" means the sum that has been approved by Common Council and is set out in the Contract for the construction, erection, completion, testing and maintenance of the Work subject to such additions thereto or deductions therefrom as may be made pursuant to the Contract. June 2011 6-1 86 ��. N�,n�„ � Division 6—General Administration of Contract 6.1 DEFINITIONS AND INTERPRETATIONS (Cont'd) "CONSTRUCTION EQUIPMENT" means all fixed or mobile machines, tools or other things, whether owned or rented by the Contractor, which are required in the execution of the Work but does not include equipment, materials, or other things forming or intended to form part of the permanent Work. "DESIGNATED ALTERNATE CONTACT" means the person(s) as identified in section 2.5.01. "DISQUALIFIED' means exclusion of a Tenderer's Tender by the City from the Tendering Process and Disqualification shall have a corresponding meaning and Disqualify shall have a corresponding meaning. "DRAWINGS" or "PLANS" means the drawings or plans referred to in the Contract and any modification thereto approved in writing by the Engineer, for the purpose of the Contract. "ENGINEER" includes the Chief City Engineer, or any Engineer who is employed by the City and has been designated by the Chief City Engineer to act on his behalf, or a Consultant which has been retained in writing by the Chief City Engineer or the Engineer acting on behalf of the Chief City Engineer. "ENGINEER'S REPRESENTATIVE" means any person who is employed by the City and had been designated by the Engineer to act on his behalf. "EQUIPMENT DOWNTIME" means time during which Construction Equipment used in the carrying out the Work must remain idle because of decisions made by the City, or investigations, clarifications or changes in the Work required by the City. "INCIDENTAL SERVICES OR ITEMS" refer to any items of work, material, labour or equipment necessary to complete the Work in accordance with the Contract, or otherwise required by a manufacturer or in accordance with recognized standards and procedures for which there is no particularly or specified item under the Contract, and for which no payment will be made. "LABOUR AND MATERIAL PAYMENT BOND" has the meaning as set forth in section 2.2.06; "MACHINERY CONTRACTOR" means a person with whom the City has or will enter into a Machinery Contract or has placed or will place an order for item(s) of electrical and/or mechanical plant and/or equipment for incorporation in the Work. "PERFORMANCE BOND" has the meaning as set forth in sections 2.2.06 and 6.7.01. "PERFORMANCE GUARANTEES" means both the Labour and Material Payment Bond and the Performance Bond; "PLANT" includes all implements, machinery, vehicles, buildings, structures, equipment, articles, etc. required for the execution of the Work. "SCHEDULE OF QUANTITIES AND UNIT PRICES" means the various rates and prices entered by the Contractor in the Schedule of Quantities and Unit Prices attached as Appendix 4A to Division 4— Form of Tender at the time of tendering. June 2011 6-2 $7 � ��,� £;� Division 6—General Administration of Contract 6.1 DEFINITIONS AND INTERPRETATIONS (ConYd) "SITE" means the lands and other places, on, under, in or through which the Work, in whole or in part, is to be executed or carried out and any other lands owned by the City for the purpose of the Contract. "SPECIFICATIONS" means the Project Description (Division 1), the Instructions to Tenderers and Tendering Procedures (Division 2), the Particular Specifications (Division 3), the Form of Tender (Division 4), the Form of Agreement (Division 5) and the General Specifications (Division 6-31). "SUBSTANTIAL COMPLETION" of the Work shall have been reached when the work is ready for use or is being used for the purpose intended and is so certified by the Engineer and the Work has passed any final tests required under the Contract, and the Contractor has given a written undertaking to complete any outstanding work expeditiously; and Substantially Complete shall have a corresponding meaning. "TENDER" means a tender submitted by a Tenderer in response to this Tendering Process, and Tender Submission(s) shall have a corresponding meaning; "TENDER(BID) BOND" has the meaning set forth in section 2.6.02(c)above. "TENDER BOX" means the locked box for receipt of Tenders, located at Municipal Operations & Engineering, 175 Rothesay Avenue, 2nd Floor, Saint John, New Brunswick; "TENDER CLOSING" means the time and date for submission of Tenders as set forth in section 2.3; "TENDER DOCUMENTS" has the meaning set forth at section 4.2.02. "TENDER OPENING COMMITTEE" consists of a chairman (Purchasing Agent or his/her designate), and two members (Chief City Engineer or his designate and a member of staff designated by the City Manager) designated to evaluate each Tender; "TENDER OPENING LOCATION" means the Municipal Operations and Engineering Complex, 175 Rothesay Avenue, 2nd Floor Boardroom, Saint John, New Brunswick "TENDER PRICE" has the meaning set forth at section 4.2.07. "TENDERER" means any entity, including a company, firm, consortium, joint venture or partnership, which responds to Tendering Process, who is registered with the City as having taken or received Tender pocuments relating to the project; "TENDERING PROCESS" means the overall process for the selection of a Tenderer to provide the type and standard of Work in conformance with the Specifications and Drawings as contemplated in this process; "WORK" means the Work that is described in the Contract and is to be carried out in accordance with the Contract. "WORKING DAY" means a day other than a Saturday, Sunday or statutory holiday in New Brunswick. June 2011 6-3 $$ � ��,� £;� Division 6—General Administration of Contract 6.2 EXTENT OF CONTRACT AND ADHERENCE TO DRAWINGS AND SPECIFICATIONS The Work consists of the construction, completion, testing and maintenance of the Work that is described in the Contract, and the provision of everything required to complete the Work, including labour, materials, equipment, and temporary work. The Contractor shall carry out the Work strictly in accordance with the Drawings and Specifications, and with any supplementary directions, details or Change Orders issued or approved by the Engineer as being required for the proper completion of the Work. 6.3 AUTHORITY OF THE ENGINEER 6.3.01 General The Engineer has full authority to define the meanings of the Drawings and other Contract Documents. The Engineer, either personally or through the Engineer's Representative, shall be the sole judge of the workmanship and materials in respect of both quality and quantity and has full powers to examine, inspect and approve or reject materials, methods of procedure and workmanship provided or used in the execution of the Contract and to determine whether or not materials and workmanship are of the character required by the intent and meaning of the Drawings and other Contract Documents. Subject to section 6.32 (Disputes — Arbitration), the Engineer's decision shall be final and binding upon the Contractor. 6.3.02 Orders of the Enqineer a) The Contractor shall promptly and efficiently comply with all orders, directions and instructions given at any time by the Engineer with respect to the Work or the conduct thereof; b) If the Contractor disagrees with any order, direction or instruction given at any time by the Engineer, he shall perform the Work as instructed and shall serve notice in accordance with the terms set out at section 6.32.02. 6.3.03 Construction Methods and Equipment a) Equipment and methods used shall be appropriate to perform the Work outlined in the Contract Documents. b) The Engineer reserves the right to order the discontinuance or use of any Construction Equipment or method which fails to consistently produce satisfactory results. 6.3.04 Unauthorized Work a) Any work done or material supplied by the Contractor which is beyond the lines, grades, or descriptions detailed in the Contract Documents, or established by the Engineer by written notification, shall be considered as unauthorized and may not be measured for payment. June 2011 6-4 89 ��. N�,n�„ � Division 6—General Administration of Contract 6.3.04 Unauthorized Work (Cont'd) b) Upon order of the Engineer, unauthorized Work or materials shall be remedied, removed or replaced by the Contractor, at his own expense. (i) If the Contractor fails to comply promptly with any order made under this section, the Engineer may cause unauthorized Work or material to be remedied, removed or replaced in accordance with the terms of this Division 6. 6.3.05 Work to the Satisfaction of the Enqineer The Contractor shall construct, complete, test and maintain the Work in strict accordance with the Contract to the satisfaction of the Engineer and shall comply with, and adhere strictly to, the Engineer's instructions and directions on any matter that the Engineer deems relevant and in the best interest of the City, whether mentioned in the Contract or not. The Contractor shall take instructions and directions only from the Engineer, or where applicable, from the Engineer's Representative. 6.3.06 Alterations, Additions and Deletions The Engineer may order variations or changes to the form, quality or quantity of the Work. The Contractor shall, upon receipt of a written Change Order from the Engineer to this effect, do any of the following as may be necessary in order to comply with said order: a) Increase or decrease the quantity of any work included in the Contract; b) Delete any such work; c) Change the character or quality or kind of any such work; d) Change the levels, lines, position, and dimensions of any part of the work; and e) Execute additional work of any kind necessary for the completion of the Work. No such variation or change will be made by the Contractor without first obtaining a written Change Order from the Engineer, which shall set out the general authority to perform the same, the details of the work to be performed and the amount or basis upon which the Contractor will be paid for same. All the provisions of this Contract shall apply to any change ordered by the Engineer to the same extent as to the Work described in the Contract. The valuation of such variations or changes shall be made pursuant to Section 6.17, "Changes in the Work". June 2011 6-5 90 ��. N�,n�„ � Division 6—General Administration of Contract 6.4 CONTRACT DOCUMENTS 6.4.01 Interpretation of Contract Documents a) in the event of discrepancies or conflicts between the Drawings, the Contract Specifications and the "General Specifications Division 6 - General Administration of ContracY', the "General Specifications Division 6 - General Administration of ContracY' shall govern; and b) in the event of discrepancies or conflicts between the General Specifications — Divisions 7 through 30 - and the "Contract Specifications Division 3 - Particular Specifications", the "Contract Specifications Division 3 - Particular Specifications" shall govern. 6.4.02 Interpretation of Plans and Contract Specifications a) In the event of discrepancies or conflicts between the Drawings and the Contract Specifications, the Contract Specifications shall govern; b) in the event of discrepancies or conflicts between Drawings, the Drawings drawn with the largest scale shall govern; and c) in the event discrepancies between figured dimensions and scaled dimensions, the figured dimensions shall govern. 6.4.03 Verification of Measurements and Dimensions The Contractor shall verify all measurements and dimensions and report any discrepancies to the Engineer. 6.4.04 Distribution of Contract Documents The Drawings, Contract Specifications, and associated documents shall remain the sole property of the City, but two (2) copies thereof shall be provided to the Contractor at no charge. The Contractor shall promptly give notice in writing to the Engineer of any further drawings or plans or Contract Specifications required for the proper execution of the Work pursuant to the Contract and these will be provided to the Contractor at cost price. The Engineer may supply to the Contractor from time to time during the progress of the Work such further additional or substitute drawings or plans and instructions as the Engineer considers to be necessary or desirable for the purpose of the proper and adequate execution and maintenance of the Work. 6.5 SUFFICIENCY OF TENDER Tenderers shall inspect and examine the site and its surroundings before submitting a tender. A Tenderer who submits a tender is deemed to be satisfied as to the nature of the ground and subsoil, the form and nature of the Site, the quantities and nature of the Work, the materials necessary for the completion of the Work, the means of access to the Site, any accommodation which may be required, and in general to have obtained all necessary information as to the proposed Work and as to any risks, contingencies, and other circumstances affecting the Work. June 2011 6-6 91 ��. N�,n�„ � Division 6—General Administration of Contract 6.5 SUFFICIENCY OF TENDER(Cont'd) The Tenderer shall be deemed to have satisfied himself before submitting a Tender as to the correctness and sufficiency of the Tender and the prices entered in the Schedules of Quantities and Unit Prices, Division 4 of the Contract Specifications, and such prices shall be deemed to cover and include all obligations under the Contract. 6.6 ASSIGNMENT The Contractor shall not assign any of the rights, benefits or obligations under the Contract without the written consent of the City. The consent of the City does not relieve the Contractor from liability under the Contract. Notwithstanding the foregoing, the Contractor shall, where required under the Contract, employ specialized subcontractors for execution of those parts of the Work requiring special skills. The Contractor is responsible to the City for all work done by its subcontractors and all work performed by subcontractors shall comply with the Contract. The Contractor shall comply, or bring about compliance, with all orders, notices, etc. given to it by the Engineer with respect to the execution of the Work by the Contractor or its subcontractors. 6.7 BONDS The Contractor shall deliver the following bonds or certified cheques to the City within five (5) Working Days following the City's notice of selection: 6.7.01 Performance Bond The Contractor shall provide to the City a Performance Bond covering the faithful performance of the Contract, including the period of maintenance, satisfactory to the City as to form and issuer. The bond shall be for fifty percent (50%) of the contract price, and shall be with a Guarantee Surety company that is satisfactory to the City and is authorized to carry on business in the Province of New Brunswick. The City shall, upon receiving and approving the Performance Bond, return the Tender(Bid) Bond or certified cheque in lieu thereof. 6.7.02 Labour and Material Pavment Bond The Contractor shall provide to the City a Labour and Material Payment Bond. The bond shall be for fifty percent (50%) of the contract price and shall be with a Guarantee Surety company that is satisfactory to the City and is authorized to carry on business in the Province of New Brunswick. 6.7.03 Duration of Bonds The Performance Bond and the Labour and Material Payment Bond shall remain in effect until the Engineer issues the Certificate of Final Acceptance pursuant to section 6.19.03. June 2011 6-7 92 ��. N�,n�„ � Division 6—General Administration of Contract 6.7.04 Certified Cheque(s) In Lieu of Bonds The Contractors may provide a certified cheque in the amount of twenty percent (20%) of the contract price in lieu of the Performance Bond and the Labour and Material Payment Bond. Sixty (60) days after issuing the Certificate of Substantial Completion pursuant to section 6.19.01, the City shall release seventy-five percent (75%) of the certified cheque. The remaining twenty-five percent (25%) shall not be released until after the Certificate of Final Acceptance has been issued. 6.8 INSURANCE AND WORKSAFE NB 6.8.01 Liabilitv Insurance The Contractor shall supply and keep in force for the full term of this Contract, a Wrap up Liability policy against liability for bodily and property damage that may arise with respect to the Work being performed under the Contract. This policy shall include the following: a) Coverage shall be on an occurrence basis with inclusive limits of at least five million dollars ($5,000,000); b) The City of Saint John, the Sub-Contractors, the Engineer and the Architect, shall be named as Additional Insured with respect to the operations of the Contractor; c) Contractual Liability with respect to this Contract; d) Coverage for bodily injury and property with the amount set forth; e) A Cross Liability Clause; f) Contingent Employers Liability coverage; g) Non-Owned Automobile or licensed vehicle Liability coverage; h) Completed Operations coverage, with respect to this Contract, that shall remain in force for the duration of the guarantee period ( maintenance period) which is a period of twelve (12) months from the date of issuance of the Certificate of Final Completion; i) Thirty (30) days' written notice shall be given to the City of Saint John in the event of the cancellation, substantial amendment, or lapse, of this policy. j) Coverage for Broad Form property damage; and A separate policy endorsement shall be provided if any blasting is to be carried out under the Contract. June 2011 6-8 93 ��. N�,n�„ � Division 6—General Administration of Contract 6.8.02 Automobile Insurance The Contractor shall insure and maintain insurance against liability for bodily injury and property damage caused by motor vehicles owned by the Contractor and used with respect to the Work. Such insurance shall have an inclusive limit of at least five million dollars ($5,000,000). For the purposes of this Contract, the definition of a "motor vehicle" shall be the same as the definition of a "motor vehicle" in the Motor Vehicle Act, R.S.N.B., c. M-17, and amendments thereto. 6.8.03 WorkSafeNB The Contractor shall pay such assessments as will protect the Contractor and the City from claims under the New Brunswick Workplace Health, Safety and Compensation Commission Act, 1994, S.N.B., c. W-14, and amendments thereto. The Contractor shall provide to the City a letter from WorkSafeNB stating that the Contractor is in good standing and is fully covered under said Act, pursuant to section 6.8.04. 6.8.04 Insurance Policies and Certificates The Contractor shall, within five (5) Working Days following the City's notice of selection deliver the following: a) Insurance Certificates, acceptable to the City, indicating compliance with the Liability and Automobile Insurance requirements set out in the Contract; b) A Confirmation of Coverage in the form attached hereto as Schedule A detailing the items listed in Clause 6.8.01 — "Liability Insurance". The Confirmation of Coverage Form shall be attached to the Insurance Certificates. c) A certificate from WorkSafeNB which confirms that the Contractor is in good standing under the Workplace Health, Safety and Compensation Commission Act, 1994, S.N.B. c. W-14, and amendments thereto. The Worksafe NB certificate shall also be delivered: (i) At intervals of six (6) months during the course of the Contract, and (ii) Sixty (60) days after the Certificate of Substantial Completion has been issued. d) A Certificate of Good Standing from Service New Brunswick - Corporate Affairs. e) For Contracts with a Tender Price exceeding $1,000,000.00 (inclusive of HST), the Contractor shall provide a current Letter of Good Standing or a Letter of Good Standing "In Process" under the Certificate of Recognition Program issued by the New Brunswick Construction Safety Association. Out-of-province Tenderers shall supply an equivalent from the Tenderer's province of origin, acceptable to the Engineer. June 2011 6-9 94 � ��,� £;� Division 6—General Administration of Contract 6.9 INDEMNITY 6.9.01 Aqreement to Indemnify and Hold Harmless The Contractor hereby indemnifies, defends and saves harmless the City, its employees, officers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages, to persons or property which are or may be in any way related to, or connected or associated with the Work done or purported to be done in any manner under the Contract. 6.9.02 Loss or Damaqe The Contractor hereby releases and forever discharges the City from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including direct, consequential and incidental damages to the Work or to any material, equipment or similar item to be used or incorporated in the Work, which are or may be in any way related to or caused by fire or any like circumstances. The Contractor shall properly guard the Work and make good all loss or damage of whatever nature or origin that may arise, until the Work is completed and the Certificate of Final Acceptance has been issued. 6.10 LABOUR, MATERIALS, WORKMANSHIP AND TESTING The Contractor shall employ qualified personnel and pay wages in accordance with all applicable Federal and Provincial rules, requirements and legislation. All equipment, materials and workmanship described in the Contract shall be of the highest quality and in accordance with the Engineer's instructions and shall be subjected from time to time to such standard tests as the Engineer may direct at the place of manufacture or fabrication or on the Site. The Engineer may forbid the use of any materials if, upon delivery, they are found to be defective or if the Engineer considers them unsuitable for use or incorporation in the Work. The Contractor shall keep the Engineer fully advised of the order and delivery dates of materials. The Contractor shall, at no cost to the City, provide such assistance, instruments, machines, labour, and materials as are normally required for examining, measuring and testing the Work and the quality, weight or quantity of any material used for the Work. The Contractor shall also supply samples of materials before use or incorporation in the Work for testing, as may be required by the Engineer. The cost of doing so shall be deemed to have been distributed among and included in the Schedule of Quantities and Unit Prices. The Contractor hereby releases and forever discharges the City from and against any costs, claims, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages to persons or property which are, or may be in any way related to, or connected or associated with the rejection by the Engineer of such materials, and the removing of such materials from the Work and /or the Site. The Contractor is not required to provide for testing the material of any equipment obtained from Machinery Contractors, unless, in the opinion of the Engineer, such equipment has suffered, or may reasonably be assumed to have suffered, damage while in the care of the Contractor. June 2011 6-10 95 ��. N�,n�„ � Division 6—General Administration of Contract 6.11 ENGINEER'S REPRESENTATIVE The duties of the Engineer's Representative are to watch over and supervise the Work and also to supervise the testing and examination of all materials to be used, or workmanship employed, in connection with the Work. Except as expressly provided in the Contract, the Engineer's Representative does not have any authority to relieve the Contractor of any of the Contractor's duties or obligations under the Contract, to order any work involving delay or extra cost to the City or to make variations in the Work. The Engineer may from time to time in writing delegate to the Engineer's Representative any of the powers and authorities vested in the Engineer, and shall provide to the Contractor a copy of all such written delegations of powers and authorities. Only those written instructions or written approval given by the Engineer's Representative to the Contractor within the terms of such delegation shall bind the Contractor and the City as though it had been given by the Engineer. Failure of the Engineer's Representative to disapprove any work or materials shall not prevent the Engineer from disapproving such work or materials and ordering the pulling down, removal or breaking up thereof. The Contractor may, if he is not satisfied with a decision of the Engineer's Representative, refer the matter to the Engineer who may confirm, rescind or vary such decision. 6.12 CONTRACTOR'S REPRESENTATIVE The Contractor shall, at all times during the continuation of the Contract, keep in full-time employment on the Site a competent Superintendent, Foreman or Agent who shall act as the Contractor's Representative and be fully empowered to act for and on behalf of and bind the Contractor in all matters pertaining to the Contract. Any explanation, order, instruction, direction or request given to the said representative shall be deemed to have been given to the Contractor. The appointment of any Superintendent, Foreman or Agent as the Contractor's Representative shall be subject to the approval of the Engineer, and such approval may be withdrawn at any time. The Contractor's Representative shall, if the Engineer so requires, be solely employed for work directly connected with the Contract. The Contractor shall upon request of the Engineer remove from the Work any Superintendent, Foreman, Agent or any other person employed by the Contractor to do work on the Contract who, in the opinion of the Engineer, is incompetent or has been conducting himself improperly. The Contractor shall not allow a person so removed by the Engineer to remain on the Site of the Work. The Contractor's representative shall be available to be contacted at any time on weekends, holidays or after working hours. This representative shall carry a pager or mobile telephone at all times and shall answer all calls made by the Engineer or the Engineer's Representative. The Contractor's Representative will be expected to receive and handle calls regarding conditions of the construction Site, safety, traffic, etc. The pager, telephone or mobile telephone number of the Contractor's Representative shall be given to the Engineer prior to commencement of the Work. Should the City be unable to contact the Contractor's representative, the City may, in its sole discretion, correct any deficient conditions on the Work Site as are deemed necessary by the Engineer, and recover the cost of doing so from the Contractor. The City may set off such costs against any monies owed to the Contractor under the Contract. June 2011 6-11 96 ��. N�,n�„ � Division 6—General Administration of Contract 6.13 SCHEDULE OF WORK The Contractor shall as soon as is practicable, and in any case not later than ten (10) Working Days after the City has issued its Notice of Selection, submit to the Engineer for approval a schedule showing the order in or procedure and method according to which the Contractor proposes to carry out the Work. The Contractor shall, whenever required by the Engineer, provide particulars in writing of the Contractor's arrangements for the carrying out of the Work of the construction plant and temporary works which the Contractor intends to supply, use or construct as the case may be. The submission to and approval by the Engineer of such information shall not relieve the Contractor of its obligations under the Contract, nor shall it preclude the Engineer from ordering and directing at any time in what order or where the Work shall proceed. 6.14 COMMENCEMENT OF WORK, POSSESSION OF SITE, EASEMENTS, PERMITS AND LICENCES The Contractor shall commence the Work within ten (10) Working Days after receipt of an order in writing to this effect from the Engineer and shall proceed with the same diligently, in accordance with the Engineer's directions and the schedule approved by the Engineer. The Contractor shall take possession of the Site as soon as practicable after receipt of the Engineer's orders to commence the Work. The City shall acquire all easements necessary for the Contractor to complete the Work. Subject to section 7.12 "Environmental Compliance", the Contractor, at the Contractor's own expense, shall obtain all permits, permissions, licences, and approvals in connection with the Contract and shall deliver these to the Engineer. When the Contractor is constructing an above ground structure, or an underground structure with electrical works, the Contractor shall obtain and pay for building permits and electrical permits. All permits and approvals shall be applied for so they are obtained well in advance of the time they will be required. This includes but is not limited to electrical permits, building permits, demolition permits, and excavation permits. If the Contractor deems it advisable to acquire the right or rights to use, enjoy or occupy any additional or adjacent land or lands in order to facilitate the execution of the Work, the Contractor shall obtain such right or rights at the Contractor's expense, and the Contractor shall at all times indemnify and save harmless the City from any and all claims arising from the acquisition of such right or rights, or the use, enjoyment or occupancy of such land or lands. The Contractor shall supply to the City a signed statement of such rights obtained from the parties involved. The Contractor shall supply to the Engineer all forms, permits, certificates, licenses or other documentation as required to complete the Work, including those referred to in the General Specifications. June 2011 6-12 97 ��. N�,n�„ � Division 6—General Administration of Contract 6.15 TIME FOR COMPLETION The Work shall be completed within the time stated in the Contract calculated from the date of the Engineer's written order to commence the Work or the date at which the Contractor received the Form of Agreement duly executed by both parties. If the Contractor wishes to extend the prescribed time for completion of the Work because of delays occasioned by extra work, strikes, lockouts, fires, insurrection, acts of God, or delay in delivery of equipment, the Contractor shall give notice in writing to the Engineer within ten (10) Working Days after any such delay or other event listed above has first arisen stating the reason for the request and, in such an event, the Engineer may, in his absolute discretion, determine what extension of time, if any, will be allowed. The Contractor hereby releases and forever discharges the City from any claim, demand, action, suit, or petition whatsoever for any damage suffered by the Contractor which are or may in any way be related to or connected or associated with delays from whatever cause arising in the progress of the Work, whether or not the Engineer exercised his discretion to allow an extension of time for completion. 6.16 MEASUREMENT OF THE QUANTITIES OF WORK The quantities set out in the Schedule of Quantities and Unit Prices, are the estimated quantities of the Work only, and they are not to be taken as the actual and final quantities of the Work to be executed by the Contractor in fulfillment of the Contractor's obligations under the Contract. The City reserves the right, through the Engineer, to increase, decrease or eliminate entirely the quantities of all or any of the items in the Schedule of Quantities and Unit Prices. Monthly measurements of the work being carried out under the Contract shall be made jointly by the Engineer's Representative and the Contractor's Representative at the end of each calendar month. The Contractor's Representative shall attend upon, and assist the Engineer's Representative in taking such measurements and shall provide all particulars required by the Engineer's Representative. The Engineer's Representative will notify the Contractor when such measurements are to be made. The said monthly measurements shall not bind the Engineer in any manner in the preparation of the Final Measurement of the Works constructed by the Contractor under this Contract. The Final Measurement (see section 6.19.02, "Certificate of Final Completion") shall similarly be made in detail as soon as is practicable after the Certificate of Substantial Completion has been issued pursuant to section 6.19.01, or as soon as the whole of the Work has been completed, and this Final Measurement shall be approved and accepted in writing by the Engineer and the Contractor before the Final Payment Certificate (see section 6.20.02, "Holdback Release") is processed. 6.17 CHANGES IN THE WORK The Engineer shall determine the amount, if any, to be added to, or deducted from, the Tender Price, in respect of any additional work done, or work deleted pursuant to the Engineer's order. The Engineer shall, in his absolute discretion, determine whether all such work shall be valued using the Schedule of Quantities and Unit Prices. June 2011 6-13 98 ��. N�,n�„ � Division 6—General Administration of Contract 6.17 CHANGES IN THE WORK(Cont'd) If the Contract does not contain an item in the Schedule of Quantities and Unit Prices, applicable to the additional work, then reasonable prices shall be fixed by the Engineer. These prices shall be based on the sum of the following six (6) items: a) The necessary cost to the Contractor of the material required for the work, as provided by the Contractor and delivered by the Contractor to the Site. All invoices are to be supplied by the Contractor as directed by the Engineer. b) Basic wages or salaries paid for labour plus a mark-up of twenty-five percent (25%) (or more if submitted documents substantiate that additional payroll levies were paid by the Contractor), which shall be compensation for all payroll levies and burdens, small tools and other related items. No charge shall be made for personnel beyond the class of Foreman. c) Cost of consumable tools, other than tools customarily provided by tradesmen (small tools), necessary for and used in the execution of the Work. d) Fifteen percent (15%) of the sum of items (a), (b), and (c) which shall be considered as covering all other expenses and profit. e) Use of Construction Equipment other than small tools, at the rate set out in Regulation 82-113 under the New Brunswick Crown Construction Contracts Act (Machine Rental Regulation). The rates set out in the Machine Rental Regulation shall apply to the Contractor's Construction Equipment whether said equipment is owned or rented. f) All applicable taxes. The Engineer may at the Engineer's sole discretion approve payment of additional work based on a quotation which has been received in writing from the Contractor. No compensation for additional work or material shall be allowed unless such work or material is ordered, in writing, by the Engineer. When the additional work, which was not valued in the Schedule of Quantities and Unit Prices, is carried out by the Contractor's approved subcontractor, the price for this work shall be based on the subcontractor's approved invoice plus ten percent (10%) of the amount of this invoice, which additional ten percent (10%) shall be considered as covering all the Contractor's expenses and profit. Whenever any extra work is in progress, the Contractor shall, each Working Day agree with the Engineer, in writing, in full detail as to the amount of the labour, equipment and materials used in carrying out each order for extra work on the preceding Working Day, and the City shall not pay for such extra work or materials unless such agreement has been made. Equipment Downtime will be paid at fifty percent (50%) of the rate set out in the Machine Rental Regulation. This rate shall apply to all the Contractor's equipment whether the equipment is owned or rented. June 2011 6-14 99 ��. N�,n�„ � Division 6—General Administration of Contract 6.18 MAINTENANCE PERIOD The maintenance period commences on the date on which the Certificate of Final Completion is issued and ends exactly twelve (12) months later. 6.18A RESPONSE TO DEFECT, FAULT OR DEFICIENCY IDENTIFIED PRIOR TO OR DURING MAINTENANCE PERIOD The Contractor is responsible for and shall, at the Contractor's own expense and upon the Engineer's request, execute to the Engineer's satisfaction all work, repair, alterations, reconstruction or replacement required to remedy any defect, fault or deficiency (collectively referred to as "Deficiency") which develop or are detected in the Work at any time between the date when the Work begins and the date when the Certificate of Final Acceptance is issued. The Contractor shall remedy or caused to be remedied deficiencies of a non-emergency nature within five (5) Working Days after receiving the Engineer's written notice to remedy. The Contractor shall remedy or cause to be remedied those deficiencies which are deemed by the Engineer to be of an urgent nature immediately upon receipt of the Engineer's Notice to Remedy. In the event the Contractor does not remedy the deficiencies within the timeframes above noted, the City may cause the deficiencies to be remedied and recover the cost of doing so against the Contractor. The City may set off said costs against any monies owed to the Contractor under the Contract. At the request of the Engineer, the Contractor shall search for the cause of any defect or fault and carry out remedial work directed by the Engineer, including reinstatement work. The cost associated with finding the reason for and the cost of remedying a defect or fault shall be borne by the Contractor if the Engineer determines that the Contractor is responsible for the defect or fault. Those same costs shall be borne by the City if the Engineer determines that the City was responsible for the defect or fault. 6.19 CERTIFICATES (NON-PAYMENT) 6.19.01 Certificate of Substantial Completion The Engineer shall issue a Certificate of Substantial Completion once the Engineer is satisfied that the Work has been substantially completed, and the Work has passed any final tests required under the Contract, and the Contractor has given a written undertaking to complete any outstanding work expeditiously. The Engineer may, in his sole discretion, issue a Certificate of Substantial Completion with respect to portions of the Work. 6.19.02 Certificate of Final Completion The Engineer shall issue a Certificate of Final Completion once the agreement of final measurement has been approved and accepted in writing by both the Engineer and the Contractor, and the Contractor has, in writing, released the City from any further claims with respect to the Contract. June 2011 6-15 100 ��. N�,n�„ � Division 6—General Administration of Contract 6.19.03 Certificate of Final Acceptance The Engineer shall issue a Certificate of Final Acceptance after the Maintenance Period has expired and the Engineer is satisfied that the Contractor has fulfilled all the requirements under the Contract. 6.20 PAYMENT CERTIFICATES 6.20.01 Interim Pavments At the end of each calendar month, the Contractor shall submit to the Engineer, for verification of the measurement, a fully itemized statement showing the estimated value of the work executed up to the end of the month. The itemized statement shall be broken down into the same sections as the Schedule of Quantities and Unit Prices. A fully itemized statement of the values of the major items of materials on the Site which are intended for incorporation into the Work may be submitted at the end of each calendar month, accompanied with receipts for all items submitted. The statements shall be submitted on forms approved by the City and shall include: a) The amount of HST component included in the payment certificate; b) The Contractor's HST registration number; and c) The signature of an authorized representative of the Contractor. With each statement, the Contractor shall provide a Statutory Declaration to the effect that all expenses incurred by the Contractor in carrying out the Contract as at a date not greater than 45 days prior to the date of the statement have been paid. From each monthly statement, except the final statement, the Engineer will prepare and submit to the City an Interim Payment Certificate and will include therein an amount which the Engineer considers firm and reasonable in respect of the value of the Work executed and of the major items of materials on Site. The City shall retain money as a holdback in accordance with the New Brunswick Mechanics'Lien Act, and amendments thereto. For work done in respect of or upon, through or under a highway, including any road, road allowance, street, lane, thoroughfare, bridge and pier, the City shall retain from each progress payment an amount of fifteen percent (15%). Contracts in excess of$150,000 awarded to non-residents of New Brunswick are subject to an additional holdback of five percent (5%) of the Tender Price pursuant to section 8.1 of the New Brunswick Social Services and Education Tax Act, and amendments thereto. June 2011 6-16 101 ��. N�,n�„ � Division 6—General Administration of Contract 6.20.01 Interim Pavments (Cont'd) A certificate issued under this clause is not to be considered as either an approval by the City of the Work or materials or as a waiver by the City of any rights it has arising under the Contract against the Contractor. The Interim Payment Certificate will show the Engineer's gross valuation of the Work and materials and the deduction of the appropriate amount of the holdback and of the previous payments to the Contractor. No Interim Payment Certificate shall be held to bind the Engineer in valuation of the Work for the purposes of the Final Payment Certificate, and the Engineer, may by any Payment Certificate, make correction or modification to any previous Interim Payment Certificate which the Engineer may have issued. The City reserves the right to refuse to process any Interim Payment Certificates, or the payment of a Final Payment Certificate, if, in the opinion of the Engineer, the progress of the Work or the conduct of the Contractor is not satisfactory or the Contractor has done or neglected to do something which may prevent the Contractor from completing the Work in accordance with the Contract. The City may retain additional amounts, under the contract, for any known claims, unpaid amounts due to subcontractors, labourers or suppliers, defective workmanship, equipment, materials, penalties and liquidated damages. 6.20.02 Holdback Release a) Subject to paragraph b), the City shall, upon receipt of the following documents, release the Mechanic's Lien Holdback (15% or 20%, where applicable, of monies due to the Contractor) sixty-one (61) days after the Certificate of Substantial Completion has been issued: (i) A Statutory Declaration to the effect that all expenses incurred by the Contractor in carrying out the Contract have been paid; (ii) A certificate issued to the City of Saint John by a lawyer who is in good standing with the Law Society of New Brunswick wherein the lawyer certifies that no Mechanics' liens have been filed in the Registry Office with respect to the Work and/or the Site which remain outstanding sixty- one (61) days after the Certificate of Substantial Completion has been issued; and (iii) A Clearance Certificate from WorkSafeNB. b) If deficiencies are identified and remain outstanding prior to the release of Mechanics' Lien Holdback, then the City may retain from the Mechanic's Lien Holdback an amount equal to twice the Engineer's estimate of the cost of remedying the deficiencies until the said deficiencies are remedied to the satisfaction of the Engineer. June 2011 6-17 102 ��. N�,n�„ � Division 6—General Administration of Contract 6.20.03 Holdback Release (ConYd) c) All the amount retained for work done in respect of or upon, through or under a highway, including any road, road allowance, street, lane, thoroughfare, bridge and pier shall also be released sixty-one (61) after the Certificate of Substantial Completion has been issued, except that amount held for deficiencies, upon production by the Contractor of the documents referred to in paragraph a) above. d) Where the Contractor does not provide a Statutory Declaration or does not complete the Work as directed by or to the satisfaction of the Engineer, the City may withhold payment of the monies which would otherwise have become due, and during this time, the City shall not be required to pay interest. 6.20.03 Final Pavment The Final Payment Certificate will be issued after the Work has been completed to the satisfaction of the Engineer and as soon as the Contractor releases in writing the City from any and all further claims relating to the Contract. 6.21 LIQUIDATED DAMAGES FOR LATE COMPLETION Time is of the essence. In the event that the Contractor fails to complete the Work on the day fixed in the Contract for completion, or on the day to which the time for completion may be extended by the Engineer, the Contractor shall forfeit and pay to the City the sum of one thousand dollars ($1,000) for each day of delay, as liquidated damages and not as a penalty. The payment recognizes both the extra cost to the City of the continued observation of the Work by the Engineer, and/or the loss of revenue or additional cost incurred by the City by virtue of the delay. The City may deduct the amount of such Liquidated Damages from any monies payable to the Contractor under the Contract. 6.22 BOOKS AND RECORDS OF THE CONTRACTOR AND SUBCONTRACTORS The Contractor shall keep proper books and records showing names, trades and addresses of all workers in the Contractor's employ and wages paid to and the time worked by such workers. Also records, books and invoices showing all costs and expenditures related to the Work must be made available to the Engineer upon request. All records of the Contractor, relevant to the evaluation of the Work, including payrolls, time books, books of account, invoices and statements, shall be maintained on the Site, or at some other place approved by the Engineer, and shall be open at all reasonable times for inspection by the Engineer. The Contractor shall in every way assist such inspection for the purpose of establishing and determining labour costs, the cost of additional work, and progress payments to be made. The Contractor shall require that any subcontractors, doing part of the Work in this Contract, shall keep proper books and records and make such books and records available for inspection in the manner as is required of the Contractor. June 2011 6-18 103 ��. N�,n�„ � Division 6—General Administration of Contract 6.23 CONTRACTOR TO PAY PROMPTLY The Contractor shall pay any and all accounts for labour, services, and materials used by the Contractor for the purpose of the fulfillment of this Contract as and when such accounts become due and payable and shall provide the Engineer with proof of payment of such accounts in such form and as often as the Engineer may request. 6.24 WAGES The Contractor shall pay fair wages in accordance with the New Brunswick Employment Standards Act, and amendments thereto, and shall pay rates of wages and allowances to various classes of labour not less favorable than those prevailing in the areas where the Work is being performed. Vacation Pay, Provincial Social Service and Education taxes, where applicable, shall be the responsibility of the Contractor. The Contractor shall comply with all laws and regulations in any way affecting those engaged or employed upon or in the conduct of the Work. The Contractor shall indemnify and save harmless the City from and against all claims or demands arising out of or based on the violation of any such laws or regulations. 6.25 SUSPENSION OF WORK AND INCLEMENT WEATHER The Contractor shall obtain the written permission of the Engineer before making any interruption to the agreed Schedule of Work. The Engineer may, by an order in writing, at any time stop or suspend any part of the Work, or direct any portion to be commenced or completed in priority to any other part or portion, or may cancel the order to proceed with the Work, or with any part thereof, and the Contractor shall not thereby be entitled to any additional payment, or to claim for loss of profit or anticipated profit, or for damages or for any other loss whatsoever caused by reason of such order. The Contractor shall, in the event that the Engineer has ordered or permitted work to be done during freezing weather, or has ordered work to be discontinued for the winter, forthwith place the Work in proper and satisfactory condition for the safety and accommodation of the public and for its effectual protection against damage from rain, snow, frost, ice or other causes upon receiving a notice from the Engineer to do so, and shall so maintain it for as long as is necessary without any additional cost to the City. The Contractor shall, when work is ordered or permitted by the Engineer to be done during freezing weather, provide the means needed for heating all the materials required in the Work. In a situation where any work may suffer damage as a result of frost or in a situation where the Engineer is of the opinion that work should not proceed because of weather conditions or lack of materials, the Contractor shall at its own expense put the Work into a condition that is satisfactory to the Engineer and maintain and protect it against damage by frost, unless otherwise directed in writing by the Engineer. June 2011 6-19 104 ��. N�,n�„ � Division 6—General Administration of Contract 6.26 DISMISSAL OF CONTRACTOR If the Contractor does not comply with the provisions of the Contract to the satisfaction of the Engineer, the City may enter on the Site and all equipment, temporary works and materials located thereon shall immediately become the property of the City. The City may discharge the Contractor from further execution of the Work and employ some other person or persons to complete and maintain the Work. In such an event, the City will not, at any time, be liable for the loss of, or damage to any of the Construction Equipment, temporary works, or materials used in the construction of the Work. The entire cost of the employment of such other person or persons as may be necessary to complete and maintain the Work shall be chargeable to and recoverable from the Contractor, and may be set off against monies owed to the Contractor under the Contract. The employment of such other person or persons shall in no way relieve the Contractor of any of the Contractor's obligations under the Contract, nor limit the rights and remedies of the City under the Contract. In the event of the dismissal of the Contractor in accordance with this section: a) The City shall not pay any monies due to the Contractor under the Contract until all costs and charges to the City for the completion and maintenance of the Work, including damages for delay (if any) in the completion of the Work, are paid to the City by the Contractor. b) The City may set off the cost incurred for completing and maintaining the Work against any monies owed to the Contractor under the Contract. c) If the costs incurred by the City exceed the amount to which the Contractor is entitled under the Contract, the difference shall be a debt due by the Contractor to the City. d) The Contractor may reclaim the Construction Equipment, and any surplus of the temporary works and materials located on the Site at the dismissal of the Contractor if, in the Engineer's opinion, they are no longer required for the purpose of the Work. The removal of said equipment and materials from the Work Site shall be at the discretion of the City and at the expense of the Contractor. 6.27 BANKRUPTCY AND INSOLVENCY Should the Contractor become bankrupt, or insolvent, or compound with creditors, or propose any composition or scheme to creditors for the settlement of the Contractor's debts, or shall commit any act of insolvency, the City may request the Bonding Company (see section 6.7, "Bonds") without previous notice and without process or suit at law, to take the Work or any part of the Work out of the hands of the Contractor, and either assign the same to any other person without being previously advertised or employ workers and provide materials, construction equipment, and other necessary things at the expense of the Contractor, or take such other steps as may be considered necessary, in order to secure the completion of the Work, in accordance with the Contract. June 2011 6-20 105 ��. N�,n�„ � Division 6—General Administration of Contract 6.28 STANDARD SPECIFICATIONS The properties of all materials and the design, performance and construction of all items for this Contract shall, where not otherwise specified, comply with the latest applicable Canadian Standards, and if no Canadian Standards exist with the latest applicable American or British Standards. Recognized authorities for these Standard Specifications are listed below together with accepted abbreviations of their names: Table 6.1: Recognized Authorities RECOGNIZED AUTHORITIES ABBREVIATIONS American Association of State Highway and Transportation Officials AASHTO American Concrete Institute ACI American National Standards Institute ANSI American Standards Association ASA American Water Works Association AWWA American Society of Mechanical Engineers ASME American Society for Testing and Materials ASTM British Standards Specification BSS Canadian General Standards Board CAN/CGSB Canadian Standard Association CAN/CSA Corrugated Steel Pipe Institute CSPI Dominion Board of Insurance Underwriters DBIU Factory Mutual FM National Electrical Manufacturers Association NEMA National Sanitation Federation NSF New Brunswick Department of Transportation NBDOT Underwriters Laboratories UL All electrical, plumbing, building, etc. materials, equipment, methods of installation and general Works shall comply with the requirements of the applicable codes, latest editions. 6.29 CONTRACT DOCUMENTS AVAILABLE ON SITE The Contractor shall, during the Contract, keep one (1) set of all Drawings and Specifications, etc. on the Work Site. Such Drawings and Specifications, etc. shall be available at all reasonable times for the inspection and use of the Engineer. The Contractor shall have a copy of the latest edition of the City of Saint John General Specifications available on site, at all times, during construction. June 2011 6-21 106 � ��,� £;� Division 6—General Administration of Contract 6.30 NOTICES Any notice, order or instructions issued by the City to the Contractor may be served by delivering the document to the Contractor at its principal place of business or to the Contractor's Representative at the Work Site office, or by sending the document by prepaid mail or prepaid courier to the Contractor at its principal place of business or to the Contractor's Representative at the Work Site office. Any notice to be given by the Contractor to the City under the Contract shall be served either by delivering it to the office of the Engineer or by sending it by prepaid mail or prepaid courier to the Engineer at the Engineer's office. A document that is sent by prepaid mail or prepaid courier shall be deemed to have been served on the third day following the date that the document was sent. 6.31 WAIVER No action or want of action on the part of the City or Engineer to exercise any right or remedy conferred upon them under the Contract shall be deemed to be a waiver of such right or remedy. 6.32 DISPUTES-ARBITRATION 6.32.01 Enqineer to Decide Contract Related Issues If at any time before the Work has been completed and the Engineer has issued his Certificate of Final Completion, any question arises as to whether anything has been done as required by the Contract or as to what the Contractor is required by the Contract to do, and in particular, and without limiting the generality of the foregoing, as to a) the meaning of anything in the plans and specifications, b) the meaning to be given to the plans and specifications in case of any error therein, and omission therefrom, or an obscurity or discrepancy in the wording or intention thereof, c) whether the quality or quantity of any material or workmanship meets the requirements of the Contract, d) whether the plan, material or workmen provided by the Contractor for executing the Work and carrying out the Contract are adequate to ensure that the Work will be executed in accordance with the Contract and that the Contract will be carried out in accordance with its terms, e) what quantity of any kind of Work has been completed by the Contractor, or f) the timing and scheduling of the various phases of the execution of the Work, the question shall be decided by the Engineer whose decision is final and binding. June 2011 6-22 107 � ��,� £;� Division 6—General Administration of Contract 6.32.02 Notice of Claim for Additional Time or Monev The Contractor shall, where he intends to submit a claim for additional time or money arising out of the construction of the Work, give written notice of his intention to claim a) In the case of changes or alterations of the Work ordered by the Engineer, within ten (10)Working Days of receipt of the Notice of Change, and b) In the case of a dispute arising out of the interpretation of the Contract, within twenty (20) Working Days of the first occurrence of the circumstances giving rise to the dispute. 6.32.03 Barred Claims The Contractor may submit a claim for additional time or money only on those matters covered by the Notice of Intention to Claim given under section 6.32.02 and such claim if not submitted within twenty (20) Working Days of the occurrence of the portion of the Work out of which the claim arises shall be barred. 6.32.04 Enqineer's Decision The Engineer shall within twenty (20) Working Days of receipt of a Notice of Claim under this section render his decision in writing to the Contractor. 6.32.05 Contractor's Obliqations Followinq the Enqineer's Decision The Contractor shall construct the Work in accordance with the decisions and directions of the Engineer given under this section and in accordance with any consequential decisions and directions given by the Engineer. 6.32.06 Arbitration a) After the procedure outlined at sections 6.32.01 to 6.32.05 has been completed and the Contractor received the Engineer's decision pursuant to section 6.32.04, either party to the Contract may, upon written notice to the other, refer the dispute for determination to a Board of Arbitration (the "Tribunal") consisting of three persons, one chosen by and on behalf of the City, one chosen by and on behalf of the Contractor and the third chosen by these two. b) In case of failure of the two arbitrators appointed by the Parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of Queen's Bench of New Brunswick. c) No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of either Party. June 2011 6-23 108 � ��,� £;� Division 6—General Administration of Contract 6.32.06 Arbitration (Cont'd) d) Notwithstanding the provisions of the New Brunswick Arbitration Act, and amendments thereto, the Tribunal, upon such terms as are deemed by it to be appropriate, may allow a Party to amend or supplement its claim, defence or reply at any time prior to the date at which the Parties have been notified of the arbitration hearing date, unless the Tribunal considers the delay in amending or supplementing such statements to be prejudicial to a Party. The Tribunal will not permit a Party to amend or supplement its claim, defence or reply once the arbitration hearing has been scheduled. e) The Tribunal may encourage settlement of the Dispute and, with the written agreement of the Parties, may order that mediation, conciliation or other procedures be used by the Parties at any time during the arbitration proceedings to encourage settlement. f) If, during the arbitration proceedings, the Parties settle the Dispute, the Tribunal shall, upon receiving confirmation of the settlement or determining that there is settlement, terminate the proceedings and, if requested by the Parties, record the settlement in the form of an arbitration award on agreed terms. g) Subject to paragraph (h), any determination made by the Tribunal shall be final and binding upon the Parties and the cost of such determination shall be apportioned as the Tribunal may decide. h) Either Party may appeal an arbitration decision to The Court of Queen's Bench of New Brunswick: (i) on a question of law; or(ii) on a question of fact; or(iii)on a question of mixed fact and law. i) The place of arbitration shall be the City of Saint John and Province of New Brunswick and the provisions of the Arbitration Act, New Brunswick, shall apply to the arbitration. 6.33 EQUIVALENTS Where any particular brand of manufactured articles is specified, it is to be regarded as a standard, but another brand equally as good may be accepted, at the discretion of the Engineer. No change in the Specification will be made prior to the acceptance of the Tenders. A written ruling on equivalents prior to tender opening may be obtained from the Engineer upon request from a tenderer. All requests for equivalents must be submitted in writing to the Engineer at least five (5) Working Days prior to the Tender Closing. Such requests will be accompanied by complete descriptive and technical information so that a proper evaluation can be made. The evaluation shall be made only with the information received. Only Tenderers can request a ruling on equivalents. When a request for approval of an equivalent product is made, the Engineer may grant approval and will issue a notification to this effect to Tenderers. If an item is approved as an equivalent, Tenderers may use that item in place of the specified item. In submission of bids incorporating approved equivalents to products specified, Tenderers shall include in their bid price any changes required in the Work to accommodate such approvals. Tenderers shall not have any claim against the City for an addition to the Contract price because of changes in work necessitated by use of approved equivalents. June 2011 6-24 109 ��. N�,n�„ � Division 6—General Administration of Contract 6.33 EQUIVALENTS (Cont'd If the Contractor wishes to substitute an equivalent after the Contract has been awarded, the Contractor shall, seek in writing, the Engineer's permission, stating differences in cost in each case. The Contractor will be held to the terms of the Contract unless he has received the Engineer's permission in writing to substitute an equivalent. No change or substitution can be made without the written consent of the Engineer. Proposals for substitution will only be considered by the Engineer if: a) Products selected by Tenderer from those specified, are not available; or b) Delivery date of products selected from those specified would unduly delay completion of Contract; or c) Alternative products to those specified, which are brought to the attention of and considered by the Engineer as equivalent to those specified, will result in a credit to the Contract in an amount acceptable to the City, or the quality of the product is deemed by the Engineer to be superior to those specified. Where the Contractor proposes to use an item of equipment or product other than that specified or detailed on the Drawings, and which requires any redesign of the structure, partitions, foundations, piping, wiring or any other part of the mechanical, electrical or civil layout, all such redesign, and all new drawings and detailing required therefor, shall be prepared by the Contractor at the Contractor's own expense for approval by the Engineer. If a product is accepted as an equivalent, the Contractor shall be responsible for all related costs associated with any required modifications. 6.34 VERBAL ARRANGEMENTS In all cases of misunderstandings and disputes, verbal arrangements will not be considered. The Contractor shall produce written authority from the City in support of the Contractor's contentions, and shall advance no claim in the absence of such written authority, or use, attempt to use, any conversation with any parties against the City, or in prosecuting any claim against the City. 6.35 OTHERS' RIGHTS The Contractor shall allow reasonable access to other Contractors and their employees who are carrying out work, and to person(s) owning or operating any railway, tramway, wires, pipes or conduits, or works, or property on, along or near where the Work is being carried out. The Contractor shall notify all such owners and operators before interfering with any of their property rights, or privileges, and must work in harmony with them. The Contractor shall notify the Engineer in writing as to any difficulty which he encountered with such persons and has not been able to overcome. The Engineer shall attempt to resolve any such problem and the Contractor shall abide by the Engineer's decision and direction. The Contractor shall handle with care any property which the Engineer requires the Contractor to move. The Contractor shall neatly pile and preserve such property in such a manner as to prevent injury or loss to any persons and shall return the property to its appropriate place at the appropriate time. All such work must be done by the Contractor to the satisfaction of the Engineer and without extra charge to the City. June 2011 6-25 110 ��. N�,n�„ � Division 6—General Administration of Contract 6.35 OTHERS' RIGHTS (Cont'd) The Engineer has the right at all times to grant permission for an opening to be made or left by the Contractor in the ground or roadway, as the said Engineer may deem advisable, for the purpose of examining, repairing or laying any water, sewer, gas or other pipe, drain, tract or other underground or surface construction or to cause any such work as the Engineer may deem necessary or advisable to be done. Such permission, or the exercise of such rights, either by the Engineer or by the other person(s) or corporation having the requisite authority(either statutory or otherwise) shall not relieve the Contractor from any liability, nor shall the opening up of any portion of the Work for these or any other purposes, or by any other parties, relieve the Contractor of such liability. 6.36 CLAIMS OF CONTRACTORS It is intended that every allowance to which the Contractor is fairly entitled will be included in the Engineer's monthly certificate but, should the Contractor at any time have additional claims of any kind which are not included in the said monthly certificate, such additional claims shall be made in writing to the Engineer within seven (7) Working Days of the discovery of said additional claim for work performed that month. Failure to present such additional claims in writing to the Engineer within the specified time will invalidate said additional claim, and cause the Contractor to lose its right to recover same. The Contractor, in presenting claims of the kind referred to above, must accompany them with satisfactory evidence of their accuracy and the reasons why the Contractor thinks they should be allowed. 6.37 ELECTED MEMBERS No member of the Legislative Assembly of the Province of New Brunswick shall be entitled to any share or part of the Contract or to any benefit arising therefrom. No member of the House of Commons of Canada and the Senate of Canada shall be entitled to any share or part of the Contract or to any benefit arising there from if Government of Canada funds are involved, whether directly or indirectly, in the payment for or financing of such Contract. 6.38 NIGHT, SATURDAY, SUNDAY AND HOLIDAY WORK The Engineer may order or the Contractor may request, Work to proceed in whole or in part at night, on Saturdays, Sunday or holidays if it is deemed necessary or expedient in order to preserve and maintain traffic over or on any street or road or to complete any work that are of an urgent nature. Such night or overtime work shall be performed by the Contractor at no additional cost to the City. The Contractor shall, as far as possible, refrain from performing the Work on statutory holidays in the Province of New Brunswick. If work must be carried out on such a holiday the Contractor must notify the Engineer in writing at least four (4) Working Days in advance of such holiday stating those places where work will be conducted and what Engineering assistance may be required. If the Contractor fails to give such notice in advance of any holiday, no Work requiring the presence of the Engineer is to be done by the Contractor on such a holiday. June 2011 6-26 111 ��. N�,n�„ � Division 6—General Administration of Contract 6.39 RIGHT OF SET OFF Without restricting any right of set off given or implied by law, the City may set off against any amounts payable to the Contractor under the Contract, any payment due to the City by the Contractor under this Contract or the Engineer's estimate of the dollar value of deficiencies which he identified under this Contract. Without restricting the generality of the foregoing, the City may, when making payment pursuant to section 6.20 - "Payment Certificates", deduct from the amount payable by virtue of the right of set off from the Contractor. June 2011 6-27 112 ��. N�,n�„ � Division 6—General Administration of Contract SCHEDULE A CONFIRMATION OF COVERAGE The Insurance coverage designated on the Insurance Certificate to which this Confirmation is attached are understood and agreed to include the following: WRAP UP LIABILITY • Coverage is on an occurrence basis with inclusive limits of at least five million dollars ($5,000,000.00); • The City of Saint John, the Contractor and Sub-Contractors, the Engineer and Architect, are added as an Additional Insured with respect to the operations of the Contractor; • There is coverage for bodily injury and property damage with the amount set forth; • There is coverage for Contractual Liability with respect to this Contract; • The policy contains a cross-liability clause; • There is Contingent Employers Liability coverage; • There is coverage for Non-owned Automobiles; • There is Completed Operations coverage with respect to this contract and such coverage shall continue to be in force for the duration of the guarantee period (Maintenance period), which is a period of twelve (12) months from the date of issuance of the Certificate of Final Completion; • There is coverage for Owned Automobiles or licensed vehicles; • The indicated policies will not be cancelled, substantially amended, or allowed to lapse, without the City first being given thirty(30)days written notice; • There is coverage for Broad Form Property Damage; Date Signature of Authorized Agent for the Insurer Tel. Fax. June 2011 6-28 113 REPORT TO COMMON COUNCIL � M & C 2011 - 130 � m, �.o, 1 � � May 30, 2011 ° ' The Cit��of Saint�ohn His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engineering Inspection Services 2011 BACKGROUND Common Council has approved the 2011 Water & Sewerage Utility Fund Capital Program consisting of 35 projects totaling $33,770,000 and a 2011 General Fund (Storm & Transportation) Capital Program consisting of 23 projects totaling $10,721,528. A portion of the projects in the 2011 Capital Programs are being designed "in-house" and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately 8 "in-house" designed projects during the 2011 construction season. ANALYSIS In order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff have issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to seven local consulting firms that have the appropriate resources on staff capable of providing engineering inspection services on municipal type projects. Six firms have submitted proposals in response to the RFP providing resumes for inspection resources including hourly rates. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants with their proposals were similar so staff averaged the rates and established one hourly rate for each of the three levels of inspectors—Junior, Intermediate and Senior—as follows: Junior Inspectar - $72 Intermediate Inspector - $77 SeniorInspector - $86 114 M & C2010- 130 May 30, 2011 Page 2. The hourly rates include all miscellaneous expenses (car, cellular telephone, digital camera, etc.) and do not include H.S.T. All six engineering firms have confirmed they are in agreement with the above rates. The City will determine the appropriate level of inspectar required far a given project and then request the engineering inspection services from the six consulting firms on a rotational basis. FINANCIAL IMPLICATIONS The total overall cost for engineering inspection services for 2011 is difficult to predict as there are a number of variables most significant of which is how many contractors and the number of construction crews that will be working at a given time period. Staff has estimated the overall value of the engineering inspection services for 2011 to be approximately $300,000 plus 13% H.S.T. Funds to cover the cost of the engineering inspection service are included in the approved 2011 Capital Program project budgets. INPUT FROM OTHER SOURCES The Request for Proposal document and this report have been reviewed with the City's Purchasing Department. RECOMMENDATION It is recommended that Common Council authorize staff to establish a supply agreement for the provision of engineering inspection services for 2011 Capital Program projects in accordance with the hourly rates provided in this report. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 115 REPORT TO COMMON COUNCIL �� . M & C —2011-143 ��•�� (�;� June 1� 2011 ciry of Saint )ohn His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposal for Engineering Design and Construction Management Services— Lancaster Waste Water Treatment Facility Entrance Road Alteration BACKGROUND: Proposals closed on Thursday, May 12, 2011 for engineering design and construction management services for road alterations at the entrance to the Lancaster Waste Water Treatment Facility. These services include preliminary design, detailed design complete with detailed cost estimates for construction, construction management and inspection services. The alterations include a new entrance road leading from the existing gravel access road into the Lancaster Wastewater Treatment Facility to accommodate transport truck traffic. This work is required as the primary entrance, which was off Highway#1 east bound, was closed by the NBDOT in May 2011. Due to the nature of the land and multiple utility pipelines beneath the surface, careful engineering design and consideration must be employed. Design and tender documents are expected to be completed in time for the project to be constructed in the 2011 construction season. ANALYSIS: Seven companies chose to participate in this proposal call by submitting bids. They included; Hatch Mott MacDonald Rothesay, NB Genivar Saint John, NB Crandall Engineering Ltd Saint John, NB CBCL Limited Saint John, NB EXP Saint John, NB Stantec Saint John, NB Dillon Consulting Saint John, NB In keeping with the City's policy and procedures related to proposal calls for the Engagement of Professional Services, immediately following the public opening the bids received were referred to an evaluation committee consisting of staff representatives from Saint John Water and Materials and Fleet Management. 116 Page Two ANALYSIS CONT'D: The evaluation committee reviewed each bid on its technical aspects as they related to the standard criteria, including experience of the vendor with related projects and the methodology to be employed. This review resulted in a shortlist of three proposals to continue to the financial review: Genivar, Crandall Engineering Ltd, and CBCL Limited. Once this step was completed the financial considerations were evaluated and added to the technical review. At the end of this process the evaluation committee unanimously selected the proposal submitted by Genivar as the one that best addressed the needs of the City of Saint John. Genivar ranked high on their technical submission and even higher on cost as they submitted the lowest price. FINANCIAL IMPLICATIONS: This is a planned expenditure, and as such, funds are available in the 2011 Operating Budget. RECOMMENDATION: It is recommended that the proposal for consulting services for the design and construction management of road alterations to the Lancaster Waste Water Treatment Facility be awarded to Genivar in the amount of$42,131.49 HST included. Respectfully submitted, � David Logan Purchasing Agent Patrick Woods City Manager 117 REPORT TO COMMON COUNCIL � �, r o. ,,; .� � M & C2011 - 134 = o . May 25, 2011 The City of Saint►ohn His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engineering Services: Bleury Street/Danells Drive— Street Reconstruction & Molson Avenue—Storm Sewer PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. BACKGROUND The 2011 General Fund and the 20ll Water & Sewerage Utility Fund Capital Programs include funding for Storm Sewer, Sanitary Sewer, & Watermain renewals and Street Reconstruction along Bleury Street and Danell's Drive as well as Storm Sewer improvements along Molson Avenue. This project is scheduled to be completed by the end of the 2011 construction season. On July 20, 2009 (M&C 2009-204) Common Council authorized CBCL Limited to carry out Engineering Services for the Honeysuckle Drive and Bleury Street Drainage Basin Study and Storm Sewer Installation project. On May 9, 2011 (M&C 2011-98) Common Council authorized staff to conduct negotiations with CBCL Limited for the direct engagement of engineering services for the Bleury Street/ Danell's Drive— Street Reconstruction & Molson Avenue Storm Sewer project. ANALYSIS CBCL Limited has submitted a proposal which includes the required effort to complete the remaining design work as well as the tender period and construction management services for this project. In accardance with M&C 20ll-98, where this is a continuing project, it would be appropriate to increase the existing engineering services agreement with CBCL Limited (M&C 2009-204) to include these costs. 118 M & C20ll - 134 May 25, 2011 Page 2 FINANCIAL IMPLICATIONS The proposed cost of the work for CBCL Limited to provide engineering services for the completion of this project is $84,241.50 based on an estimated 10 week construction management period. There is adequate funding in the 2011 General Fund and 2011 Water & Sewerage Utility Fund Capital Program budgets to cover the proposed fees. Engineering fees to cover the cost of design and construction management generally range between 12-17% of the total overall project cost, depending on the nature of the project and the engineering services required. Total Engineering fees to complete design and construction management for the Bleury Street/ Danells Drive — Street Reconstruction & Molson Avenue Storm Sewer project amounts to approximately ll.5 % of the total overall project cost, which is considered appropriate for this type of project. POLICY—ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2011-98 to conduct negotiations for the engagement of an engineering consultant for this project. The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Minimum Hourly Rates as contained in The Association of Consulting Engineering Companies— New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated construction period. The final fee will be calculated based on the actual construction management period. RECOMMENDATION It is recommended that Common Council approve the increase of $84,241.50 to the existing engineering services agreement 2009-0836-I with CBCL Limited as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 119 REPORT TO COMMON COUNCIL � �, r o. 1 � � M & C2011 - 133 = o . May 25, 2011 The City of Saint►ohn His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engineering Services: Westfield Road— Street Reconstruction PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. BACKGROUND The 2010 & 2011 General Fund Capital Programs included project funding for street reconstruction and drainage control along Westfield Road. Phase A (civic # 1920 to civic # 2184) of this project began in 2010 and is scheduled to be completed by August 2011. Phase A1 (civic # 1814 to civic # 1920) of this project is scheduled to be completed by the end of the 2011 construction season. On June 23, 2008 (M&C 2008-171) Common Council authorized GENIVAR Inc. (formerly Terrain Group) to complete engineering design services for the Westfield Road Transportation and Storm Water Systems Upgrades project. On April 12, 2010 (M&C 2010-111) Common Council authorized GENIVAR Inc. (formerly Terrain Group Inc.) to complete tender and construction management services far Westfield Road Street Reconstruction Phase A. On May 9, 2011 in (M&C 2011-98) Common Council authorized staff to conduct negotiations with GENIVAR Inc. for the direct engagement of engineering services for the Westfield Road Street Reconstruction project. ANALYSIS GENIVAR Inc. has submitted a proposal which includes the required effort to complete the remaining construction management services on Phase A as well as tender period and 120 M & C20ll - 133 May 25, 2011 Page 2 construction management services on Phase A1. In accardance with M&C 2011-98, where this is a continuing project, it would be appropriate to increase the existing engineering services agreement with GENIVAR Inc. (M&C 2010-111) to include these costs. FINANCIAL IMPLICATIONS The proposed cost of the work for GENIVAR Inc. to provide engineering services for the completion of Phase A and Phase A1 of this project is $157,149.16 based on an estimated 14 week construction management period. There is adequate funding in the 2010 & 2011 General Fund Capital Program budgets to cover the proposed fees. Engineering fees to cover the cost of design and construction management generally range between 12-17% of the total overall project cost, depending on the nature of the project and the engineering services required. Total Engineering fees to complete design and construction management for Phase A and Phase Al amounts to approximately 13.8% of the total overall project cost, which is considered appropriate for this type of project. POLICY—ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2011-98 to conduct negotiations for the engagement of an engineering consultant for this project. The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Minimum Hourly Rates as contained in The Association of Consulting Engineering Companies— New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated construction period. The final fee will be calculated based on the actual construction management period. RECOMMENDATION It is recommended that Common Council approve the increase of $157,149.16 to the existing engineering services agreement 2009-0836-M with GENIVAR Inc. as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 121 � � � REPORT TO COMMON C4UNCIL � � :o ��. 3 June 2011 0.�,�,,�= City of Saint ]ohn His Wors�ip Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Funding Request—Saint John Track Club The purpose of this report is to respond to the request from the Saint John Track Club for municipal funding in support of the 2012 North American, Centzal American and Caribbean Masters Track and Field Championships along with the Canadian Masters A�hletics Association Championships to be held at the Canada Games Stadium on August 12-19, 2012. Briefly, this is an intemational event that will bring 500-600 athletes to compete in a four day event at the newly refurbished Canada Games Stadium. The event budget is projected at $400,000 with approximately 50% coming from government partners and the remainder from sponsorships/registrations etc. The organizers have requested a $50,000 contribution from the City of Saint John. Specifically, the request is for assistance with funding to offset initial marketing expenses and upgrading stadium equipment in preparation for this event. This is a major sporting event for the City and will have a significant financial impact on local businesses. In addition, the Saint John Track Club has identified a number of lasting legacies to flow from the games including— new or upgraded equipment, facility enhancements, youth/coach development and development opportunities for track and field officials. Sponsorship of the track meet was not included in the 2011 operating budget. There are sufficient funds in the unspecified grant account to cover a portion of the request. Given filie posi�ive financial impact and other identified benefits, staff are suggesting a limited contribution in support of the event spread over a two-year period. The Saint John DMO have advised that they are providing some support for pre- promotion, marketing and bid development costs. ��is outside of their manda�e to fund the actual costs of hosting the event. 122 Leisure Services staff have also advised that they are prepared to support the event with in-kind support for events planned for Rockwood Park and the Canada Games Stadium. Recommendation Resolved that Common Council approve grant funding in the amount of $7,500 from the 2011 budget and allocate $15,000 in the 2012 operating budget for the 2012 North American, Central American and Caribbean Masters Track and Field Championships along with the Canadian Masters Athletics Association Championships to be held at the Canada Games Stadium on Angust 12-19, 2012. Respectfully submitted, .ti1 � J. P trick Woods, CGA CI MANAGER 123 NCCWMA 2012—Briefing document Event: Narth America,Central American&Caribbean Masters Track Champs�Canadian Champs. When: August 9-12,2012 Where: Canada Games 5tadium,UNBSJ Key StatisNcs Participants: 500-60U Previous locations: 2010-Puerto Rico,2008—Florida,2006-Guatemala Countries attending: Canada,USA,Mexico,South American Countries,Dominican Republic, Panama,Guatemala, Goveming Body: World Masters Athletics Association Notable Facts: • Saint John's fust international track championships in nearly 20 years • Canadian Masters Athletics Association decided to award Saint John the 2012 Canadian Championships to be held in conjunction with the international meet. • The dual Canadian/NCCWMA Championships will be among the largest track and field events held in the city since the Stzdium originally opened in 1985. • Athletes range in age from 35 to their nineties Events competed in: • Track from ]00 m sprints to 10 km zaces and hurdles • Field events like jumps and throws. • Raad events such as a 10 km,race walk and cross country race. Key Parfiers(to this point): • SaintJohn Track Club • Athletics NB • City of Saint John • [JIIBSJ Funding: Estimated total budget-5375,000-400,000 Goal • 1/4 comes from Participant fees • 1/4 from sponsors • 1/2 from government sources 124 Legacy of the 2012 NCCWMA The hosting of these games reflects an immediate return on the investrnent rnade to redevelop the Canada Games Stadium at UNBSJ. We all know that this stadium was a Iegacy of the 1985 Canada Summer Games in Saint John. The NCC�A 20]2 will provide a legacy of its own. Your investrnent will leave the following for Saint John. Equipment: Most of the equipment used at the Canada Games Stadiuzn is from 1985. Much is still usable but out dated. This is our opportunity to bring all equipment up to today's specifications and standards. This equipment is also used by all schools and in hosting all kinds of provincial events at the stadium. As a result, new equipment will serve the youth/athletes of Greater Saint John and the province by bringing it up to date. Specifically investments will be made in: • Upgrades to high jump equipment • New Pole vault mats • Computer/timing equipment for electronic photo finish and instant results reporting • Repairs and up�ades to hurdles & steeplechase equipment • Additional cage equipment for safety around throwing event areas • Competition grade shot put, discus,hannmers Facility Enhancements: With the renova�.on, the stadium is one of the best in Atlantic Canada however�here remain some items that will improve it further and equip it properly for his international event as well as future regional or national events. These enhancements include: • Provision of an additional throwing event zone and associated cage equipment • Enclosure of the photo timing platform for better use during bad weather. • Addition of some video display terminals for results reporting � Possible addi�ions to the PA system Money invested by government will primarily provide equipment and some final improvements that will ensure our stadium is equipped to meet the full needs of our sport going forward. This will make Saint John a leader in track and field. In addition there are other legacies of your investment in this event. YouthJCoach Development: A Youth Camp will be included in this event. Many of the top master athletes also coach and a select number will be invited to attend and assist a�this camp. The organizers along with our provincial sport body, Athle�ics NB will host it for the 3 days prior to NCCWMA 2012. This event will allow young athletes to improve in their sport and also help coaches to learn from other coaches. These youth will also be encouraged to stay on and volunteer at the event giving them an eye into the volunteer effort behind such an event. All of this will contribute to a great opportunity to teach our young athletes more about their sport and their event. Officials Development: In the lead up to this event our club will be working to train more officials for track and field. Officials are critical to this event but also any future events 125 hosted in Saint John. 2012 is a key opportunity to expand our officiating base and upgrade current officials. Hosting Experience: Our community already has a long history of event hosting. Each time we host, we have the opportunity to strengthen those skills. With the NCCWMA we are building on the skills attained through our own experience of hosting the national masters in 2007. Manry of our volunteers also bring experience from the 2010 J`eux de L'acadie. The skills and experience gained in 2012 will go on to assist us in future bids along with all our provincial and regional events. Promoting Wellness: Finally, the athletes who will attend this event span a11 ages between 35 and up. Many are top athletes for their age. Most of them will be here just to improve, set a personal best and the share the fellowship of sport with other active people. They exemplify the ideals of"sport for life." Having them in our community interacting with our youth along with the opporiunity to promote participation in this event by NBer's is a great chance to promo�e wellness and healthy living. The message will be simple. Anyone can do this, so come and challenge yourself. It will be an ideal opportunity to promote wellness and sport for life which is an important message for our province and city. Legacy 2012: There are lasting benefits to our city in hoshng this event. We see an opportunity to u�grade equipment and do finishing touches to the stadium that will go one for many years to benefit SJ youth at all levels. As well the event will have a positive unpact on our hosting capabilities and in promoting wellness for our region. 126 REPORT TO COMMON COUNCIL � :� �o- �� M & C-2011 - 137 - O FORT4N4/� MOEN�PSUPG[iHJ p�ONUM,/qM City of Saint John May 31, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 1429 Loch Lomond Road, 1515 Loch Lomond Road, 2797 Loch Lomond Road, 1925 Bayside Drive and Lands Adjacent to 460 Latimore Lake Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Apulicant Zone Zone Hughes Surveys 1429 Loch Lomond "RS-2" "R-2" To permit a 76- &Consultants Road lot residential Inc. (for 651413 subdivision N.B. Ltd. and Folkins Estates Ltd.) Genivar(for 1515 Loch Lomond "RS-2" "R-2" To permit a 111- 654101 N.B. Road lot residential Ltd.) subdivision 127 M&C-2011 - 137 -2- May31,20ll Name of Location Existing Proposed Reason Applicant Zone Zone A. J. Mallette 2797 Loch Lomond "RF" "RR" To permit a 69- & Sons(1985) Road lot rural residen- Ltd. tial subdivision Genivar(far 1925 Bayside Drive "RF" "PQ" To permit a Barsa Ventures gravel pit Ltd.) Genivar(for Lands adjacent to "RF" "PQ" To permit a Fundy Bay 460 Latimore Lake gravel pit Sand&Gravel Road Inc.) RECOMMENDATION: That Common Council schedule the public hearings for the rezoning applications of Hughes Surveys & Consultants Inc. on behalf of 651413 N.B. Ltd. and Folkins Estates Ltd. (1429 Loch Lomond Road), Genivar on behalf of 654101 N.B. Ltd. (1515 Loch Lomond Road), A. J. Mallette & Sons (1985) Ltd. (2797 Loch Lomond Road), Genivar on behalf of Barsa Ventures Ltd. (1925 Bayside Drive) and Genivar on behalf of Fundy Bay Sand& Gravel Inc. (Lands Adjacent to 460 Latimore Lake Road) for Monday, July 4, 2011 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager 128 M & C 20ll-139 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Purchase and Sale Agreement for 111 Molson Avenue BACKGROUND The subject property is located at the western end of Molson Avenue, adjacent to Highway No. L The site is triangular in shape and has an area of approximately 600 square metres (6,553 square feet). The property is vacant and has been for sale for some time, but without success. In March of this year, David Blizzard, Executor and Trustee for the Will of Joyce Blizzard, contacted Real Estate Services to inquire if the City would be interested in purchasing the subject property at 1 ll Molson Avenue (PID #394999), as illustrated on an attached map. Staff inquired with other City Departments to seek their level of interest. Municipal Operations have commented that City vehicles, such as snow ploughs and garbage trucks currently maneuver and turn on the site as Molson Avenue dead-ends at this point. This parcel would also be advantageous for a storage area for the City during snow clearing operations. This site would also allow access for the City for maintenance, repair, and renewal of existing municipal infrastructure adjacent to Highway No. 1. The subject property is currently assessed by the Province at $16,100.00 for 2011 carrying an annual levy of$525.00. Real Estate Services have negotiated a purchase price of $10,000.00 to acquire the property, subject to the approval of Common Council. Since the intended use of this site includes maneuvering of vehicles, staff intends to prepare a subdivision plan to have the property vested as Public Street. Staff believes the offer price as noted above is good value for the purpose that Municipal Operations has indicated above. The attached Offer of Purchase and Sale is presented to Council for their consideration. The recommendation contained in this report will facilitate the above noted land acquisition. 129 Report to Common Council Page 2 June 6, 2011 RECOMMENDATION 1. That The City of Saint John purchase 111 Molson Avenue from David Blizzard, in his capacity as Executor and Trustee under the Last Will and Testament of Joyce Blizzard, in accordance with the terms and conditions contained in the Purchase and Sale Agreement attached to this report(M&C #20ll-139). 2. That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner, Planning and Development J. Patrick Woods, C.G.A. City Manager Attachments CUc 130 � - ` ; ,�� - g„s� � _ , � _ _ � . o . p � ., �� - o - - u' ° :,�:;, �>�,�,�� o = : = � � e = = �. „'_,� �'� ��5��5�� 1et ,e�;ei t91„'9 rue Sherbrooke St. m, �,::,: :,a z:.� �� a 1)e� tey 18B 60 tW 1BH 169 , @2T � m + � � � 830 6R2 ao�v�ae� � � v o v � � �2H 2tl II!11T 12T 21]A3 2]] " � �ss+es is�i �cs m m ns s iss + ' M1 �V.{�OP9tC��s�V- 20H 11H 218]1B � t}B ti6 1& t& � 168 0 1Ji1 tT0 v �d2 142 1iB iM 1]2 � � � e • ° _ � oo�erea� � � � ° w ^ s V � �• i� y r 05� n a �7 8 319 Y15 � " w a g � g� 165 'I]t t t1] 1TI t)9 0 189 �e �Jpn/Rv. ^ " � 8V.�O �119 in iss �a� ss vs NB 19E 100� � � 59 166 t 66� 1I0 v —� + J ° . izo �u.a �xs �x+ 1SB �� ive ioe vx + a . � Y 81'1 E19 ° e ' � 8]t � , is3 D�P9�1`5 �C. , *�, prom• aa�a�r� ° 0�0 BY! � 011 eC3 2i ]81 � � a aa aaz �~ 130 ' m �� e — ° 0 5 aa��ra,ts p " �o�° ••3oZ ��di� L]J_ZJ—"'—'�"� S.�.e�a• 4aa��]el �4 91ae�ar�� o/, � � 4. a n � 188 i� a• oa��aa�a ]ao��ra4e � e 9.a.....• a s �� , J a.,...,. ..,s< � e e ' o .n � k,. s x � . ri i 1 : r ir yr i i � c a r : o I : v ru , 131 AG�3EE ENT OF PlJRC6iASE A�lVLI S�LE 3he Purchaser agrees to purchas�from the Vendor and the Vendor agrees to sell to the Purchaser its un�ncumbered freehold title to the Vendor's lands, civic address 111 f�olson Avenue, Saint John, NB be�ring PI� lVurnber 394999 upon the terms and conditions as liereinafker set forth: Vendor: David �lizzard, in his capacity as Execut:or and 1"rustee under the Last Will and Testament ofJoyce Elizabeth Blizzard, deceased 38 John T. McfVIilBan Avenue 5ainfi 9ohn, NB E2H 2G5 Purchaser: The�ity af Saint John P.O. Box 1971 15 Market Square Sairit John, �B E2L 4L1 Attention: Cornmon Clerk Premises: A parcel af vacant land identified as PID Number 394999 (civic address 111 Molson Avenue} comprising (i) Lots 11:and 12, Block 16, Pian of Fairville Plateau; and (ii) Part "A" 1,6350 square f2et ori Subdivision Plan filed in the Sair�t ,lohn �ounty Registry Office as Number 502. Pu�chase Price: $10,000.00+ HST if applicable Deposit: $ 200.00 payable upon the adoption ��f the Common CounciP Resolution Balas�ce: $ 9,800.fl0+ NST if applicable payable on Closing C9osing Date: (Jn or before August 31, 2011. 3. The Purchaser shall aequire from the Vendor good and marketable title to the Prernises free and ciear from ail encumbrances exeept as may be provided herein and except as to any registered restrictions or covenants that run with the Lands provided that such ar� complied w�ith and do r�ot rnaterially affect marWcetability. 2. �h� Purchaser rnay exarnine the title to the L��nds at its own expense until closing. If vuithin that time any valid objection to the titlE� to the Lands is rr�ade in writing by the Purchaser ta the Vendor which the Vendor shall be unable c�r unwilling to rerr�ove�ithin twenty (20} days of noti�ication of such objection or objections and which the Purchaser wiil not uvaive, this agreement shall, notwithstanding any intermediate acts �r negotiations in respect of such objections, be null and vaid and any deposit shall be returned by the Vendor without interest and th�Vendar shaEl not be liable for any costs or damages. 1 132 ' Agreement of Purchase and Sale Estate of Joyce Elizabeth Biizzard and The City of Saint lohn 3. Vaeanfi possession of the Premises is to be given to the Purchaser at the tirne of Closing. 4. All taxes, local ompravements, �nrater and ��ssessment ra�es and ail ather narrr�al adjustmeilts shall be apportioned and aflo�n✓ed to the date hereinbefore fixed for Closing. 5. The llendor will f�arnish to the Purchaser at Closing a Deed/Transfer in registerable fc�rm at the expense of the Vendor. 6. di the Rurchaser defaul�s in the closing of the sale under the terms of this Agreerraent, any rnoney paid hereunder shalE be forfeited to the Vendor by way of liquidated damages and the Vendar shall have no further recourse. 7. This affer shall be irrevocable by the!lendor until 4:00 p.m. focal�ir�e on , 20 and upon acceptanc� by the Purchaser shail constitute an Agreement of Purchase and Sale binding upon t:he parties hereto. $. There are no representations, warranties, coll�teral ag€-eements or conditions affecting this Agreement or the Premises or supporked faereby other than as expressed herein in writing. 9. This Agreement shal! be binding upon the parti�s hereto,their respecteve heirs, executors, administragors, successors and assigms. IN WITiVESS WFIEREOF the Vendor has ca�ased these pre�ses�ts to be executed this�day of 20e r� � David �lizzard, as Executor d Trustee under the Last 1Nill an estament of Joyce Ebizabeth Blizzard, Deceased 2 133 P ' Agreement of Purchase and Sale Estate of Joyce Elizabeth Blizzard and The City of Saint lohn AIVD the Purchaser has caused these presents to be exe�cuted this day of , 20 T"he C61t��f�a6nt.Dohn Mayor Comm��n Clerk Comm��n Councif Resolution: 3 134 REPORT TO COMMON COUNCIL � ,o _� � �. M & C2011 - 144 �` City of Saint John 3 June 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: RELOCATION OF ELECTRICAL ROOM/WASHROOM RENOVATION—CARLETON COMMUNITY CENTRE BACKGROUND: This project is the part of a phased building renewal program for Carleton Community Centre that is planned over the next 4-5 years. The existing second floor washrooms are in poor condition and do not meet current building code requirements for barrier free accessibility since they have not been updated in more than 30 years. Relocating the secondary electrical room from the current location on the second floor down to the mechanical room in the basement will provide the additional space needed to create new washrooms that meet today's building and accessibility codes as well as provide space for a future expansion of the kitchen. In addition, this work is in consideration of electrical service upgrades which are planned for the future phases of the project. ANALYSIS: A public tender call was issued, closing on May 25, 20ll. Five companies responded by submitting bids. The results are as follows: Castle Rock Construction $ 99,000 Avant-Garde Construction& Management Inc. $104,200 Bird Construction Company $109,900 Avondale Construction Ltd. $112,900 ICR General Contractors Ltd $134,500 (All above are plus tax) The Engineer's estimate for the work was $130,000.00 plus tax. 135 M & C2011 - 144 PAGE TWO ANALYSIS CONT'D... Staffs of Facilities Management and Materials Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS: This is a planned project, and as such, funds were approved in the 2011 Capital Budget in the amount of$130,000.00. To deal with unforeseen costs associated with the renewal of an existing building, staff of Facilities Management recommends that a 10% contingency allowance be approved by Common Council. This contingency allowance will only be used if required and approved by Facilities Management. Total cost to the City of Saint John for this project if awarded as recommended,will be $99,000 plus $9,900(contingency allowance),totaling$108,900 plus HST. This is within the $130,000 budget previously approved by Common Council. RECOMMENDATION: It is recommended that the contract for Tender No. 2011-085102T: Relocation of Electrical Rooin/Washroom Renovation—Carleton Community Centre be awarded to the low bidder, Castle Rock Construction, at the tendered price of $99,000 plus $9,900 (contingency allowance), totaling $108,900 plus HST. Respectfully submitted, �� David J. Logan Purchasing Agent Patrick Woods City Manager 136 REPORT TO COMMON COUNCIL .J � V._ � � \ f l �� _ �.a�,C.�1. M & C2011 - 132 �� w• c�i City of Saint )ohn May 31, 2011 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: WASHROOM UPGRADES—FIRE STATION # 2 BACKGROUND Fire Station 2, Loch Lomond Rd., was constructed in 1979 as a neighbourhood Fire Station. It houses one Engine Company and one Tanker, for a compliment of 5 firefighters per shift. Over the past 32 years there have been few, if any repairs or upgrades required to Fire Station 2. The City of Saint John has four female firefighters. The Fire Department currently can only deploy its female firefighters at stations with washrooms that can provide some level of privacy. Fire Station 2, with no washroom egress doors does not provide the level of privacy that would support the regular placement of female firefighters in that location. In addition, the current washroom configuration does not meet the standards for accessibility. Being a publicly owned facility there are compliance standards which must be met. The proposed washroom renovations will facilitate the creation of privacy as well as providing compliance to accessibility standards. The renovations will create two separate washrooms, one of which will provide accessibility, from the eXisting single washroom. When completed, each room will be equipped with a sink, a toilet, a shower and a lockable door. ANALYSIS Tenders were called for this upgrade wark on April 21, 2011 and closed on Wednesday, May 18, 2011 with the following results: 137 M & C2010 - 132 PAGE TWO ANALYSIS CONT'D... Contractor Bid Price (Exclusive of HST) 1. Bird Construction Company (Quispamsis, NB) $58,900.00 2. John Flood& Sons (1961) Ltd. (Saint John, NB) $49,679.00 3. ICR General Contractors Ltd. (Saint John, NB) $52,754.00 4. Cossey Corporation (Saint John,NB) $47,200.00 The Engineer's estimate for the wark was $47,500.00 +HST. The tenders were reviewed by staffs of Materials and Facility Management and were found to be formal and complete in all respects. Staff believes that the low tenderer, Cossey Corporation, has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The total cost for this project, if awarded as recommended, will be $47,200.00 + HST. This is a planned expenditure for which funds have been allocated in the City's 20ll Capital Budget for facilities. RECOMMENDATION It is recommended Tender No. 2011-085101T: Washroom Upgrades — Fire Station # 2 be awarded to the low bidder, Cossey Corparation, at the tendered price of$47,200.00,plus tax. Respectfully submitted, �� David Logan Purchasing Agent Patrick Woods City Manager 138 REPORT TO COMMON COUNCIL � :� �o- �� M & C-2011-119 — O FORT4N4/� MOEN�PSUPG[iHJ May 18, 2011 �� City of Saint John His Warship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition for Municipal Storm Sewer Line 440 Rothesay Avenue-King Mazda Property BACKGROUND: As part of their redevelopment plans,King Mazda will be rerouting storm water that is currently flowing in a ditch across their property into a storm sewer on Rockwood Avenue(the current ditch eventually enters this same storm sewer) via a new section of storm sewer. This ditch takes overland flow from the King Mazda site as well as Oakland Street. Due to the fact there is municipal storm water from Oakland Street flowing through the ditch and entering into the new section of storm sewer,the City must own the storm line in order to ensure it continues to function properly. This easement will allow City staff or its agents to go onto the site should any future work to the pipe be required. The following recommendation will secure the necessary easement. RECOMMENDATION: 1. Provided that the owner of 440 Rothesay Avenue has laid starm sewer pipes to the satisfaction of the Chief City Engineer, The City of Saint John acquire an Easement for Municipal Services in and through the lands at civic#440 Rothesay Avenue, as detailed on the attached Easement Sketch, titled"King Mazda Parking Lot Expansion"; and 2. Authorize the Mayor and Common Clerk to sign any document(s)necessary to finalize this transaction. Respectfully submitted, Ken Forrest, MCIP, RPP J. Patrick Woods, C.G.A. Commissioner City Manager Planning and Development Attachments 139 � � . f � • � ' . ' � � . . � . ao�� _'e . 468-_6S0 -s's � Vl�J�s 47Z^ �o \ o �a� 451 a ?e J � � w �3 �J� �Y e F e �? � 3d p � ° S r 4 b O p s'o� 3 ' 3�' o' ,o� 0 h� aO°3 B' °0� m o � b O *� 6d ��30 458 $ � a yb d s� �gs aee �7 0°3 �r+ 7 ti � °�3 1 �a* �i T o w ��3 �� O � '�0 0 O 9 0° ' S *`�Te , np3a SQ/ 4545 ' �3�Be� � ^O 0 ��OO 9 � c03 so'*��f s o ,� ^ �y '•J � 4sa s �asa n" a �' � V� 11 0 °3to 3 ♦ 45 ,s�JB y y m �� V �,�a i � 445 � 0� y�S a' o A p a f �e� �/�7. �� ,06s�s S� y g ~ ^d� O''s2's 5 03 7*S, � � �� QSSS' ds B8t O Yy O\/ 1 / ''� �• �2 ssroBQ, s8' �ae'B O �o ` A41 S s 4s *� 442 s s��09g3 e SS74s eB° o sao� Br9s 20 442s s�neag y Sy.�* Bs� p 6sa e'Bs sr � „ 9s �e o °'oo f s�, °' p o ss *>a 2a ! S8 ` s �3 0 ss�4d �d � y O sa3SJ as0 9'sJ �J�Z� 8?� '` aS sB da 0 ?; ss� 0 � 0 �'�a ss 's� tsB y S 3�� ? 0 • 2� 0 saro �9 fl `° � s°a °o �BSS �� 30s se�� O s103 93e2 3�Ig � 20 �8* OD�>s O O JSD 93a0 0� B*1$ /�� J6��9 �s> O J9t 30� (Q 18 ?J 00 4 aso °a �3♦ 11 _` 7 ao� � 38• � �Oa ��S 434 O SSO3� �B �Ogo O� 14 �ry'r SJ? O s1 ,�R 3fTd 9 � o �a3B3 s6o 03g�J� Qo l� OJ��Ba' 3a�op 3��?oe T ` 10 ss�O sd'Be �g Oa3 *�S O TeaR S 6 0- Description of Pian: City Easemenfi Acquisition for New Storm Sewer Line. N PID: 55039358, Address: 440 Rothesay Avenue � 55039341, 309344, � 55037543, 30fi928 and 55037535. Pan: N/A Date: May 18, 2011 140 �____________________T____--w�--------�-_______�----------r� ` � i i s i r i i i i i i i i '�� i i i � i i i `—f i i � i i i i i i i i i i � I I I I % E I � I I I I ' 1 I � i i � i r i � I I 1 oWC n� � � S I � I 1' I I I uvc p � � � ______________________ I I I I f I j--------- —T I I 1 I S I � f I I I I 1 I + I I I I I 1 I � I F- ----1--------1--------�-------�---------�---------� j I ----------u.av--- � 1 _—_—_—__ __-- u...�or...o�.. � I ! � L�0 6.10 � � � r--_------�— —�---' I � �� ,�� , � Easement � �.� i i ' �� i � °� Area �`°�° � m � � � ______-- i ""� � . , i � � i . ---�,��..ro�----� -----_--_ ------- ------------a.,:.�w;�------------� � � i � , i i i � r i i �� + I1 ____ _________________________Y_L__ I I ♦ 1 � � y ' � --------____'_____---^------J--- • roauaw.w.wrw,n� o-...-aen I I f— � wa. ormxruw r.re oi.K I 1 � � } 1 � � __________________________�•*•••_•a.wus�«__�__�—....--� I � I � ' � � GENNAR� � W � Z � + ��.�� i �,� ,,. � i ' »,�:��"'.,s.. °o � r� ' � � �� i a _ �' f - i3 + EX{STING KINC MAZDA I� � BUILDINC I I ��__�,...��—_—�—� ; I � aerrt _—___'._�.______—� � � I � � � +` � K►NG MAZDA INC. ' , � - r 1 � is�a � S��OHN.NEWBRUNSVACK � � I � � ; ; KfNG MA2DA PARKING :-= � ;,:- � + i � LOT EXPANSION � ;��-' � � f R440 R07HESAYAVENUE ..'.tM1� � L— '-------------------- ! saNTJOHN.NEY/8kUN5VACN - , � _. ' -;'._ r _,_ _�______ D o o aM :�:� � ; �-- � �.��, . � J---- -- ---- --------------�------ � 4 — ,. -- ,,, ,. ...: . ,_ . . ... , EASEMEN�SKETCH 7 � - �;�__°.-.1�� RO�ESar avENUE ^� --� ��---�u � ---�a -_---� 1 �� , 1� R� � o �.�r xo co ��. o � cou �vc� �, � � _a. � � June 3, 2011 17�e Cii.y oFSaint Jobn His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: Re: Licence Agreements with I3argo Jet Boat Tour Inc. Fallsview Park and Red School House BACKGROUND: Hargo Jet Boat Tour Tnc. have been operating boat tours from Fallsview Park for a number of years and have also been operating a bicycle rentaUboat tour sales office from the "Red School House" adjoining the Coast Guard property for the past two years. in 2010, both establishments were operating under one year licence agreements, which have since expired. Given the pending redevelopment plans for the Coast Guard site, staff negotiated a weekly licence for the "Red School House" which automatically renews until October 29, 2Q11 unless either party gives the other five (5} days notice that the licence will terminate. The licence fee is Fifly Dollars ($50.00)per week. With respect to the Fallsview Licence, the business operators have for years been reluctant to agree to the City's terms and conditions and to a tenm� longer than one (1) to five (5) years because of a number of concerns regarding the daily operations of the Park and the lack of progress to improvements. Such issues include but are not limited to the ad hoc peddlers operating from their vehicles in the Park on cruise ship days, the lack of signage d'uecting tourists to the Park and the general appearance of the Park. After some negotiation, staff reached an ageement with Hargo for a one (1) year licence which may be renewed yearly up to five (5) years upon giving to the City three (3) months written notice. The fee for the licence is Two Thousand Dollars ($2,000.00) with a five per cent {5%) increase yearly. if Council is in agreement, the following recommendation will secure both opera�ions. RECOMMENDATION: That the City of Saint ]ohn grant a weekly licence to Hargo Jet Boat Tour ]nc. for the 2011 season for use of the "Red School House" off Water Street; and a one (1) year licence agreement 142 Page 2 with an option to renew yearly up to five (5)years for the use of a portion of Fallsview Park for the jet boat operation, under the terms and conditions as contained in the attached license agreements and that the Mayor and Common Clerk be authorized to sign the license agreements. Respectfully submitted, � � . atrick Woods, CGA CITY MANAGER Attathments 143 THIS LICENCE made in duplicate as of the day of , 2011. BY AND BETWEEN: 7HE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province oi New Brunswick, hereinafter called the "Licensor" - and — HARGO JET BOAT TOUR INC., a body corporate duly incorporated under the laws of the Province of New Brunswicic, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter called the "Licensee" RECITALS: WHEREAS the Licensor is the owner of the lands bearing PID number 55011894 shown on Schedule A attached hereto and forming part hereof(hereinafter the "Lands"}; AND WHEREAS situate upon the Lands is a iittle red school house owned by the Licensor and highligh#ed in red on Schedule A (hereinafter the "House"); AND WHEREAS the Licensor has agreed to give the within Licence under the terms and conditions hereinafter set forth; NOW THEREFORE TH1S LICENCE WfTNESSETH that for and in consideration of the sum of Two Doflars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensee to enter into and upon and exit from the Lands for the sole purpose of using the House to sell bicycle rentals, boat tours and pre-packaged snacks for the term of this Licence, on the following terms and conditions. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Licence shall be for a period of one (1} week, commencing June 5, 2019 at 12:01 a.m. and ending June 11, 2011 at midnight. 144 Licence Agreement The City of Saint John and Hargo Jet Boat Tours {nc. Page 2 of 4 2. Provided the Licensee is not in default, the within Licence renews weekly automatically until October 29, 2011 unless either party gives five (5) days notice, in writing, to the other that the Licence shall terminate. 3. The Licensee shall pay to the Licensor for the privileges herein granted the sum of Fifty Dollars ($50.00) per week, not including HST, on the day prior to the commencement of the week. 4. The Licensee agrees and acknowledges that there is a pending Development on the Lands. 5. Notwithstanding anything else herein contained, this Licence may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence 6. No transfer or assignment of this Licence or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensee. 7. The Licensee hereby covenants and agrees wi#h the Licensor as follows: a} that it shafl only use the House as a customer service office for the sale of bicycle rentals, boat tours and pre-packaged snacks; b) that it shall be responsible #o pay for utilities and phone services to the House; c) that it shall only put up one sign up on the House, and that all other signage shall be on the ground; d) that at least half of the existing school benches and tables currently located in the House shall remain in place and intact as public display in the House for the term of the Licence; e) that it shall not change or cause to be changed the current red color of the House, and it shall ensure that the exterior of the House remains intact and in the state that it was at the time of the signing of this Licence; f} that it shall not use the House as a bicycle storage, or for any other purpose than that which is stated at paragraph a} hereof; g) that it shall keep the area around the House and the vehicle and trailer, referred to in article 8, clean and tidy at all times; h) that it shall, at no expense to #he Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial 145 Licence Agreement The City of Saint John and Hargo Jet Boat Tours Inc. Paga 3 of 4 General Liability Insurance policy with policy limits of not less than five million dollars {$5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross-liability clause; i) that it shall, on or before June 3`d, 2011, submit to the City a Ce�tificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof; 8. The Licensor, for its part, covenants and agrees with the Licensee as follows: a) that it shall cause eiectrical power to be installed to the House; b) that it shall permi# the Licensee to park a bicycle trailer adjacent to the House during the term for bicycle rentals; c} that it shall permit the Licensee to park a vehicle adjacent to the House on cruise ship days listed in Schedule "B". IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 9. No change or modification of this Licence shall be valid unless it is in writing and signed by the Licensor and the Licensee. 90. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the House. 11. This Licence shall not be enforced or bind any of the parties thereto, until executed by a!I the parties named in it. 12. Notwithstanding any clauses herein, the Licensee does hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuked in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the use of the Lands and House pursuant to the within Licence or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence. 146 Licence Agreement The City of Saint John and Hargo Jet Boat Tours Inc. Page 4 of 4 THIS LfCENCE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. SIGNED, SEALED 8� DELIVERED ) In the presence of: ) THE CITY OF SAINT J4HN ) ) ) ) ) ) Mayor ) ) ) ) ) Common Clerk } } Common Council Resolution: ) , 2011 ) ) ) ) ) HARGO JETBOAT TOUR INC. ) ) ) ) Per. � � �� ) �\ , � ) � - - ) Ja�nine Ha is � ) President� nd General Manager 147 Schedule "A" • •.;- --�: �:;-"'M !�; r � "�.�, :� ; ..._ � - , ' .` � -=� ' -- , :: } �`q:F� .•'r,' � , • • i .. -' _. .-- � . �� t� - -��. - ' ' ~ ' - '� �� . � • ' • .�'�: _,�.'� � _ , � �t. �� _ ,''Y; �� . " . — ` . , �:.r;,�` � _' I � � !. :t:,•. . . . � •�' •� '.� �'iP' .� `} - -S . ... .� .� � •.sAw, ;�•�� ; . . � `�,` �Z, � ♦ :.i'� � T - ' ' . . ��I . t Y � `• ' - ' ,�• ��iir � . ,,��I - . �a. - . '.', 1��,[� �~ � f�' � -- '•1• �� l f � � • �►�11, ,,' �•c��, � , �ve r f�. _ . I ' •1 . .�. . ,. `� � ` `'��' - , ^_ '1;, � ' � = 7 4! -• : , - ,� 1 � , �� ,� YL. . � = �•_ � � . 1 , � : . I '� ' -� �,�,� , • f 11 . ��'. .�' ' . . � . .J' ' l� � � _• � ,,.��►� _�-� � ' _ ', � i . `- 1'-' r � . .., , • � ( , „� �'�:...I .1 ,'"� '.� • �� = � \,_ • � . � - � . •• . � � ^ ' .� . . - ri ♦ . `. � � .i ' . . � �. .� �, �� •, w � ' � � . � •. ��' `_y. � � _ ^ _ �,`,. . '� _ � �, �' , _ . ; � , � �_� .y.��f � '��• . . : _ . . �`:�� : ` ,� A� , � a : , t � . , � ', � . .' . '�. ; .,�., � �, , . ' �'� • • ,�- ; �� . . �, �1 . �� • �t �� ,.: � -� .'�c. 1 .a � '� - • '_�� '♦ r �� I i� � � - �� 1 t )'�'^•'•' � ' � "•-{�.r�r� r� .3{ _ . ' _ � . •i�. 1'�� ' - . � �il'(�i� �' � 7ifP �. .~�c)��p�j5� p �. _� i _ �. - . � _ , 148 ' SCHEDULE�� i--� _ Tentelive Cruiae 2011 _ i ` SAlNTJOHN,N.B. W LastU atad� 31•Dee-10 I NO. OATE DAY TINE SHII BERTM OVEBT! lln� 1 07-Jun Tus C9:00-19:C0 Cemrval GI PGA 3508 CCl 2 11-Jun Sel 09:00-19:00 Cemivel GI PGA 3506 CCL 3 15-Jun Wed 08:00•17:00 r.emivel GI pGN 3500 CCL 4 2pJUn Mon 07:00•15:00 Enchenlment oR Seas PGA 2Z06 RCCL 5 21Jun Tuee U9:00-19;00 Carnivel GI PGA 350Q CCL fi 25-.lun Sel 09:00-99:00 Camivef GI PGA 3500 CCL 7 29•JUn Wed OB:DO-77:00 Cemivel GI PGA 3500 CCL 8 04-Jul Mon 08:00-17:00 Csmival Glo PGA 3500 CCL 9 09-Jul Sel 09:OU-99:00 Camival Glo PGA 3500 CCL 10 13-Ju1 Wed 68:00-17'00 Cemivel Glo PGA 3500 CCL 1t 1B-Ju1 Mon 07:00-15,00 EnchanUnentdtSeaa PGH 2200 RCCL 12 19•JUl Tues 09�00-18:00 Camivel Glo PGA 3500 CCL 13 23Ju1 Sat 09:00-19:00 Cemivel Glo PGA 3500 CCL ]4 27-Jul Wed 06:00-17:00 Camivel Gro PGA 3500 CCL i5 07-Au Man 08:00-17:00 Camivef Glo PGA 3500 CCL t6 O6-Au Sel OB:00-18:00 CamivelGlo P6A 3500 CCL 17 09-Au Tues 09;00-17;00 CenDbeen Princesa PGA 3100 PRINCESS 1B f0•Au Wad OB:00-17:00 CarnlvelGl PGA 3500 CCl 1B t5•Au Man 08.00-1760 CarmvelGio PGA 3500 CCL 20 15-Au INOn 07:00-16 00 EnChanlment o!I Se95 LW 2200 RCCL 21 tB-Au Tues 09:00•17:p0 Caribbaan Pnncess PGA 3100 PRINCESS 22 20-Au Sel 09:00-19:00 Cemtval GI PfiA 3500 CCL 23 23-Au Tuea 69:00-17:00 Cari6hean Princess PGA 3i00 PRINCESS 24 24-Au WeE 08:00-17:00 Camival G1 PGA 3500 CCL 25 29-Au Man 08:00•17:00 Camival GI PGA 3500 CCL 26 30-Au Tues 09:00-17:00 Caribbean Pnncess PGA 3100 PRINCESS 27 03-Se Sal 09:OD-19:0p Camival G PGA 3500 CC! 28 OS-Se Mon 07:00•15:00 Ex forer of tl�a Seas PGA 3300 RCCL 29 OBSe Tues 09:00-17:00 Canbbeen Princeas PGA 3100 PR[NCESS 30 07•Se Wed 08:D0-17:06 CamivelGla PGA 3500 CCL 31 12-Se Mon 67:OD-15:UU Enchenlmenl o't Seae PGA 2200 RCCL 32 13•Se Tues 08:00•1fi:U0 Areadia LW 230Q P80 33 13-SC TVes 09:M•1 T UO CBribbean Prince55 PGA 3100 PRINCESS 34 14•Se Wed 08:00-14;00 Camlval Glo PGA 3500 CCL 35 18-Se Sun 09:00-17:00 Crown Pnncess PGA 2500 PRINCESS 36 19•Se Mon 07:00-15:00 Ex brer of the Seas PGA 3300 RCCL 37 �.�7Se 1'�� ;T.li4-rr'�.; Jr;nEdaftnr.S�;as LW _7np RCCL .3B :��SP.' Tu9 95'?D-f 1.04 Gt+in�val G,or.• PGA 3;�Gp CCL 39 27- Wed 1200•Z0:00 Nuw iBnJdwel LW 2300 NCL 40 21-Se Wed D9:00•t7:00 CenbGeOn Pnncess PGA 31Q0 PRINCESS 41 29-Se Man 07:00-15;00 Enchenlment oA Sees PGA 2200 RCCL 42 27-Se Tues OT 00•173fl Jewel of lhe Sees LW 2100 RCCL 43 27-Se 7ues 09.00-t9:OD Carruvat Gi PGA 3500 CCL 44 .'r•�e• :.eh t�0•J•?U GC Nor,r�c��n Jev:r_.t LP: 23C� Nf;L 45 78-Se i 'JYetl Odt��9l.LC L'•r.nt:ne.an Pnr.c��s�s PGA 3'IC�1 PRINCESS 46 30-Se Fn 10:00•18:60 Crv�xn PnntCSS PGA 2500 PRINCESS 47 3U-Se Fn 09�.004B:6D C la1 S on LW 900 C lel 48 Oi�Oc1 Sel 08;30-17:00 Aurore PCA 1800 P80 49 03�Oc1 Mon 07:00-15:00 Ex lorer of Ihe Saes PGA 3300 RCCL 50 04-OG Tues 07:OD-17:30 Jewel of lhe Seas LW 2160 RCCL 51 04�Oct Tues 05.OD-19 00 Carnrosl Gio PGA 3500 CCL 52 4S�(1�t Yltd U'.!30-t'L.bli Ra nfta F'(iC r;F:v [1Ct.amR 53 Q°�-CcS L•lery S_�NJ�20 Cp N�-r.c�En Je�.p� LLS 2;u6 Nf;l. 54 OSdY.Y W�d C�1.UR�1TGO G[!r:h:,ebnP�im:r:S F'GA ?.'14Q PRI!y(:ESS 55 08-0ct Sal OB:00-17:00 Croym Princess PGA 2500 PRINCESS 56 09-0ct Sun 09:00-16:00 lel S hon PGA 900 lel 57 10-Oet Mon 07:00-15:00 Ertehanlmenl dl Seas PGA 2200 RCCL 56 11-OU Tues 07.00•17:3D Jewelo[IheSeas LW 210G RCCL 59 l7-0ct TuBS 09.00-79.00 Camival G! PGA 3CiW CCL 60 t2.ry» �r1�0 t70�•C�1.C!' N.,�xaner�Je.�.el L`N 2?!!0 NCL B'{ 12-C::;! PJw1 C9 DG-17:(;p G,3r�Gt:::�n Fnac-[±;s PGA _{1�)t! k>Rlh(:ESS 62 55-Oct Sal 07:W�19:00 SYvc Wh PGA 300 Sivnsea 63 17-0c1 Man 07:00-�5:00 F�c orer af Ihe Seea PGA 3300 RCCt 64 78AC1 Tuas 08:06-17:00 MSC Poeala PGA 3000 MSC 65 19-0U Wed 12'OU-79'DO Re atla PGC 694 Oteania 66 19-0d Wed 09.00-i7.U9 CanhbeanPnncess PGA 31Q0 PRINCE55 67 20-0d Thurs 07:00-i9:00 Jawelaf the Seas PGA 2i00 RCCL B8 23-Oc1 Sun 11:00-22:00 Maestlam PGA 1200 ollend Ameri 69 25�Oc1 Tues OT.00-t7.3o Jewa[oftheSeas LW 2100 RCCL 70 25-Qcl Tues 03:D0-17 Q0 MSC Pces�e PGA 3600 bfSC 71 25Ac1 7uen U8:00•t7.00 CaribbeanPrincess F'GC 3740 PRINCESS 186666 No!!de !na ural 149 THIS LICENSE made in duplicate this day of , 2a11. BY AND BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirrned and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licenso�" OF THE FIRST PART - and — HARGO JET BOAT TOUR INC. 1 EXCURSIONS NAUTIQUES HARGO INC., a company duly incorporated under the laws of the Province of Quebec, having its head office at the City of Montreal, in the Province of Quebec, hereinafter called the "Licensee" OF THE OTHER PART WHEREAS the Licensor is the owner of the lands outlined on Schedule "A" attached hereto and forming part hereof; and WHEREAS the Licensor has agreed to grant the within License upon terms and conditions hereinafter set out; NOW THEREFORE THIS INDENTURE WlTNESSETH that for and in consideration of the sum of One Dollar ($1.00} lawful money of Canada and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and p�ovisions herein contained, non-exclusive permission and license to the Licensee, its servants, agents, employees, contractors and invitees to enter into and upon and exit from the lands shown outlined on Scheduie "A" (the "Lands") for the purposes of a) constructing, erecting, operating, maintaining and repairing/replacing a boat tour, food stand facility, bicycle rental facility and Geopark Trailer as well as undertaking any activities approved by the Licensor necessarily incidental thereto from and including March 1, 2011 to and including at 11:59 p.m. local time February 29, 2012 (the "term"). THE LICENSEE HEREBY COVENANTS AND AGREES WITH THE LICENSOR AS FOLLOWS: 150 2 1. The Licensee shall not modify or expand the boat tour, food stand facility, bicycle rental facility and Geopark Trailer without the prior written consent of the Licensor {resolution of Common Council). 2. The Licensee shall pay to the Licensor for this License the surn of Two Thousand Dollars {$2,000.00) to be paid on or before June 1, 2019. This License fee is subject to the payment by the Licensee of harmonized sales tax(HST) or any tax substituted in lieu thereof and such amounts are in addition to all license fees. 3. {1) (a) Provided that the Licensee is not in default and provided that the Licensor did not terminate the License pursuant to section 7, the Licensee may upon giving three {3) months written notice to the City extend this License from and including March 1, 2012 to and including February 28, 2013 upon the same terms and conditions as herein contained save and except clause 2 hereof. (b) The License fee for the one (1) year extension hereby contemplated shall be the amount of the License fee for the previous year plus five percent (5%} of the said amount to be paid on or before June 1, 2012. This License fee is subject to the payment by the Licensee of harmonized sales tax (HST) or any tax substituted in lieu thereof and such amounts are in addition to aIl license fees. (2) (a) Provided that the Licensee is not in default and provided that the Licensor did not terminate the License pursuant to section 7, the Licensee may upon giving three (3) months written notice to the City extend this License from and including March 1, 2413 to and including February 28, 2Q14 upon the same terrns and conditions as herein contained save and except c[ause 2 hereof. (b) The License fee for the one (1) year extension hereby contemplated shall be the amount of the License fee for the previous year plus five percent (5%} of the said amount to be paid on or before June 1, 2013. This License fee is subject to the payment by the Licensee of harmonized sales tax {HST) or any tax substituted in lieu thereof and such amounts are in addition to all license fees. (3) (a) Provided that the Licensee is not in default and provided that the Licensor did not terminate the License pursuant to section 7, the Licensee may upon giving three (3) months written notice to the City extend this License from and including March 'f, 2014 to and including February 28, 2015 upon the same terms and conditions as herein contained save and except clause 2 hereof. (b) The License fee for the one (1) year extension hereby contemplated shall be the amount of the License fee for the previous year plus five percent {5%) of the said amount to be paid on or before June 1, 20'I4. This License fee is subject to the payment by the Licensee of harmonized sales tax (HST) or any tax subskituted in Iieu thereof and such amounts are in addition to all license fees. {4) (a} Provided that the Licensee is not in default and provided that the Licensor did not terminate the License pursuant to section 7, the Licensee may upon giving three (3) months written notice to the City extend this License from 151 3 and including March 1, 2d15 to and including February 29, 2016 upon the same terms and conditions as herein contained save and except c{ause 2 hereof. (b) The License fee for the one (1) year extension hereby contemplated shall be the amount of the License fee for the previous year plus five percent (5%) of the said amount to be paid on or before June 'f, 2015. This License fee is subject to the payment by the Licensee of harmonized sales tax (HST} or any tax substituted in lieu thereof and such arnounts are in addition to all license fees. (5} (a) Provided that the Licensee is not in default and provided that the Licensor did not terminate the License pursuant to section 7, the Licensee may upon giving three (3) months wriften notice to the Cify extend this License from and including March 1, 2016 to and including February 28, 2017 upon the same terms and conditions as herein contained save and except clause 2 hereof. (b) The License fee for the one {1} year extension hereby contemplated shall be the amount of the License fee for the previous year plus five percent (5%) of the said amount to be paid on or before June 1, 2016. This License fee is subject to the payment by the Licensee of harrnonized sales tax {HST) or any tax substituted in lieu thereof and such amounts are in addition to al4license fees. 4. The Licensee shall not have any claim against the Licensor for loss or damage of any nature, kind or description whatsoever arising from the exercise or purported exercise of the License herein granted, unless such loss or damage is due to the negligence or willful misconduct of the Licensor or its employees, servants or agen#s. 5. {1} The Licensee shatl, at its sole cost, obtain and keep in force during the term of this License, comprehensive general liability insurance for bodily injury and property damage, on "an occurrence" basis which coverage shall have an inclusive limit of not less than Five Million Dollars {$5,000,000.00} and shall include the following: i) the Licensor, added as an "Additional Insured"; ii) a cross liability clause; and iii) contractual liability with regard to this License. (2} The Licensee shall provide a Certificate of Insurance to the Licensor at the time of the execution of this License evidencing the insurance coverage described in (a) herein and annually thereafter on March 1 of each year for any and all extension/renewal periods. (3} The Licensee shall not alter or cancel or permit the insurance coverage to be altered or canceiled until the Licensee has given to the Licensor thirty {30} days notice in writing prior to any such intended alternation or cancellation. (4} In the event the Licensor receives notice from khe insurer that the insurer intends to cancel or alter the said insurance coverage, or in the event the 152 4 Licensee fails to provide proof of insurance, the Licensor in its sofe and absolute discretion may forthwith terminate this License upon giving ten (10} days written notice o# its intention to terminate this License unless the required insurance coverage is maintained. 6. The Licensee hereby indemnifies, defends and saves harmless the Licensor, its employees, ofFicers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages, to persons or property which are or may be in any way related to, or connected or associatec! with this License or anything done or purported to be done in any manner hereunder; provided that the Licensee is not obligated to indemnify the Licensor for claims arising from the negligence or willful misconduct of the Licensor, its employees, ofFicers, agents, successors ancf assigns. 7. (1} The Licensor may terminate this License and prevent the automatic renewal referred to at clause 3 hereof by giving six (6) months written notice to the Licensee. (2) lf the License fee hereby reserved or any part hereof or any other sums or charges payable hereunder or any part thereof shall be in arrears for thirty {30} days whether or not the same shall have been in any manner demanded or in fhe event of a breach or non-performance by the Licensee of any of the other terms or conditions in the License contained which on the part of the Licensee ought to be obsenred or performed, which breach or non-performance remains un- remedied following a period of thirty {30) days written days of such breach or non-performance having been received by the Licensee from the Licensor, then and in every such case it shall be lawful for the Licensor by notice in writing to terminate this License and no acceptance of any License fees subsequenk to any breach or non-performance or any condoning, excusing or overlooking by the Licensor on previous occasions of breaches or non-performance similar to that for which this License shall be terminated shall be taken as a waiver of these conditions or any way defeat or affect the rights of the Licensor hereunder. (3} The Licensee shall within ninety (90) days of the termination of this License, at its own expense, remove from the Lands any and all prope�ty constructed, erected, made, brought or placed upon the said Lands by the Licensee and shall restore the Lands to as good condition as prevailed immediately prior to the commencement of the term hereof and, in the event of the failure of the Licensee to do so the Licensor shall become the sole owner of any property constructed, erected, made, brought or placed upon the said Lands by the Licensee and the Licensee shall not by reason of any action taken or things required under this paragraph be entitled to any resource whatsoever. Notwi#hstanding the expiration or the termination of this License for any cause, the obligations of the Licensee set forth in this clause shall survive any such expiration or termination and shall remain in force until the obligation is discharged or such time to perform the obligation expires, whichever event first occurs. 153 5 (4) Should the permissions and licenses of the Licensee under this License be seized or faken in execution or attachment by any creditor of the Licensee, or the Licensee maEces an assignment for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors, this License terminates. 8. The Licensee shall pay promptly all charges, taxes, rates and assessments of whatsoever description which during the term of this License shafl be chargeable upon or become payable in respect to the operation of the Licensee or its occupation of the Lands. 9. The Licensee shall at all time and at its own expense, keep the Lands free from all garbage and debris related to the operation of the boat tour, food stand facility and bicycfe rentals facility. 10. The Licensee shall at a11 times during the term hereof maintain the Lands in a condition compatible with the natural state of Fallsview Park. 11. The Licensee shall in the interest of safety, maintain all buiidings or storage containers on the Lands at all times secure from unauthorized use and occupation. 12, The Licensee shail at all times not obstruct or permit the obstruction of walkways in any manner. 13. In the event any landscaping on adjacent Licensor-owned property is disturbed during the construction and/or renovations to the boat tour, food stand facility, bicycle rental facility, and Geopark Trailer, the Licensee shall at its own cost immediately restore the said landscaping to the condition in which it existed prior to such disturbance. 14. The Licensee is permitted to alter and expand its building and operations within the area of the License provided that: (a} no building or site improvement worlc commences until a site deveiopment plan, including architectural renderings of the proposed building and site expansion are presented to and approved by the Commissioner of Planning and Development; (b) the proposed building and site expansion together with the existing building(s} comply with all Municipal By- laws, rules and regulations; and (c) the proposed building and site expansion do not adversely affect the future expansion of Harbour Passage Trail on and along Fallsview Park. 15. The Licensee shalE conduct its business at all times in compliance with and in conformity to the requirements of every applicable federal and provincial statute, rule, reguiation and ordinance, and every municipal by-law, rule, reguEation, order and ordinance that at any time or from time to time may be in force or effect during the term. 154 6 16. The Licensee shall not assign or sub-License this License or any part thereof, without the prior written consent of the Licensor. THE LICENSOR FOR ITS PART COVENANTS AND AGREES W1TH THE LICENSEE AS FQLLOWS; 17. The Licensor hereby grants to the Licensee, its servants, agents, employees and con#ractors, permission and License to erect, use and maintain poles, guys, anchors and lines for telephone and electrical power transmission in and over the lands of the Licensor. 18. The Licensor hereby grants to the Licensee, its servants, agents, employees and contractors permission and license to enter into and upon those lands adjacent to the Lands as shown on Schedule "A" for the purpose of gaining access to and egress from the Lands and further it grants permission and license to the Licensee, its servants, agents, employees, contractors and invitees in common with all other persons lawfully using the Fallsview Park Area to use the Parking Lot and access road in connection with khe exercise of this License. 19. The Licensor may permit other uses within Fallsview Park save and except uses which ofFer boat tours of the Reversing Fa11s Rapids and bicycle rentals, provided that such other uses do not interfere in a material way with the operation of the Licensee permitted hereunder. 20. The Licensor has the absolute right to construct and/or re-construct pubEic street{s) including curb, sidewafks and landscaping in the area commonly called "Fallsview Park" lying between the West sideline of Fallsview Drive/Avenue and the Saint John River and to alter the area licensed without payment or compensation to the Licensee or reduction of any annual License fee or po�tion thereof, provided that such construction andlor re-construction or alteration do not have any material effect on the operation of the Licensee permitted hereunder, save and except in the event of any emergency. THE LICENSEE AND THE UCENSOR HEREBY COVENANT AND AGREE EACH WITH THE QTHER: 21. All notices shall be in writing and shall be deemed validly given if personally served, sent by courier, registered maiE or facsimile as follows or to any other address that may be provided in writing from time to time by one party to the other. The Licensor: The City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 Attn: the Comrnon Clerk 155 7 The Licensee: Hargo Jet Boat Tour Inc./Excursions Nautiques Hargo Inc. PO Box 7094, Brunswick Square Saint John, NB E2L 4S5 22. The Licensor and the Licensee acknowledge and agree that the relationship between them is soiely that of independent contractor, and nothing herein shall be construed to constitute the pa�ties as employer/employee, partners, joint ventures, co-owners, or otherwise as participants in a joint or common undertaking. Neither party, nor its employees, agents or representatives shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other. 23. This License shall be governed by and construed in accordance with the faws of the Province of New Brunswick. 24. Any provision of this License which is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the baiance of this License without affecting the remaining provisions of this License. IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signature of their properly authorized officers respectively the day and year first above written. SIGNED, SEALED AND DELIVERED ) THE CITY OF SAINT JOHN in the presence of: ) ) ) Mayor ) ) ) ) Common C[erk ) ) ) Common Council Resolution: ) , 2411 ) ) } } HARGO JE7 BOAT TQUR INC.1 ) EXCURSIQNS NAUTIQUES HARGO } INC. 1 }� �� -'� '�� anine _r�� ) Pres�ent and General Manager 156 Schedu�e "A" � � f�.I � • ' • , � . .t �;��,.` , - ��;��►� , �, :`: a. �,, � , • �. � � � ; 1 :��t _ .�. � ,� ti t ��.I �'t- � �� f '�• � � ' � ,`� - . .�.��` .•. � � _ ��:. 4� . �► � , � �: _ �� , /� ,� , a �� . -:� . s` . .., � . �. ��. �. � � � • .��=� �Q ; ` y { '± � 1• - � S• � l {' .� ` �� '• ` � r y �ti ,`T� , , • � I�•' ab�� .� � , ', ` �� I ♦ 50�' �`'' • �C � 6 .�� -. �► ..1 K _. - • �� - 28.3 m � ' � .. � ��fi r.-, � . . . '. ., _ � � � o Gate Post ' � '�' w �` 0�8ee4 �_ • �� ' � �'�► . /., ` • 0�1� 6 0 5 E � �_ � �� ,'.�,� , ', a, . . . T, `:�. ' � �/ :' ' . � s � .�� . _ q' 7► , � ,� � . .r. . . . , � • . -. • , : . .._ � � . {' '-�'�'. ' . � - � '.. �'_ —` n '� ''�%• � j �[".''!:; �' �� -:�,� 1 . �T:• . •�.1� • a+ . ;• ". - � , 3 -�' '. � f,� - ��►� . �c\ � �• � � � � . �i�� . ! �.,a;�+ ��, } , ^x. � SsM�!Jd�ut itl�� • �- ' •,� ' �� - �. �:� ''•ti' . r . ' � , ` , � • i � ' �.� �.'� . +�• �� _- _ . . , _ � � � . , � - Fallsview Park Limit of Licensed Area NTS Saint John, NB 157 ,�/ � � "-' E � 1 � d 3 His Worship Mayor Ivan Court anc4 Members of Common Council City of Saint John BCAPI Maior P.O. Box 1971, Saonsors Sa[nt John, N.B. Brunswick Pipeline E2L 4L1 Dowd Roofing Fo�is Properties Horizan Fiealth Network June 2, 2011 J.D. Iroing, Limited Moosehead Breweries Your Worship and Members of Common Council, The executive and members of the Business Community Anti-Poverty Initiative BCAPI Leadershia (BCAPI} woufd like to congratulate the City for maintaining and increasing the Bill Gale,Founder Neighbourhood Development Stimula#ion Grant Program this year. Council's Gary Lawson,Past Chair commitment to revitalizing Saint John's priority neighbourhoods and improving Tom Gribbons, Chair quality of life for thousands of citizens is commendable and will do much to help Blair Northoott,Treasurer attract newcomers. BCAPI recognizes that this grant program is only one of a John Adams Brice Belyea number of ways Council is helping to rebuild specific neighbourhoods in our city that Lino Celeste have suffered serious neglect and decline. However, these investments are proving Nancy Creamer-Ervin their worth and are a powerful tool for citizen engagement— a critica{foundational Regena Farnsworth element that research shows must be present to achieve successful neighbourhood Charlie Harling revitalization. Paulette Hicks Gregor Hope Since the inception of the Neighbourhood Development Stimulation Grant Program, J.K.�Jim)Irving BCAPI has observed with pride how#he program has helped Saint John's priority Robert MacKinnon neighbourhoods strengthen their capacity to lead neighbourhood improvements. We Dora Nicinski believe this ro ram has also attracted a si nificant number of other resources such Derek Oland p g g Gerry Pond as funds, volunteers and partners, to these neighbourhoods to help. Mary Reeves Sheri someroille The seed fund of$160,000 per year is reaping social and economic benefits for Bob Vincent Saint Jahn and we aften wonder if our own citizens are aware of a[I the wonderful �ohn B.wheatley work being done. We also believe that Saint John is a "best practice" example and that other communities will want to learn from Saint John's leadership and BCAPI Coordinator experience. We highly recommend that Council document, evaluate and Monica Chaperlin communicate the value of this program along with other initiatives aimed at rebuilding neighbourhoods. Saint John is a poverty reduction leader in New 300 Union Street, Brunswick and in Canada. The City should be recognized for its important P.o.Box 5777, leadership role and contributions. Saint John,N8 E2L 4M3 BCAPI has noted one opportunity and the City should consider submitting an application to the Province (Local Government) for a Community Recognition 506.633.5588 Award. The Community Recognition Award highlights community programs and promotes best practices and leadership in the municipal sector, Nominations are chaperiin.monica being accepted until June 29'� and winners are awarded $5,000. BCAPI believes @jdirving.com Saint John is deserving of such recognition. www.bcaqi.Ca �n behalf of BCAPI, congratulations for your leadership and work to help reduce poverty in Saint J �� Tom G ' bons Chairperson, BCAPI 158 s�=��, � �1';; =o The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire PROCL�AMATION WHEREAS: shriners international is a well-know, respected fraternity dedicated to fun, fellowship and philanthropy with hundreds of thousands of inembers who belong to 19]. chapters throughout the world; and WHEREAS: members support Shriners Hospitals for Children�, a pediatric health care system that was founded by the Shriners fraternity and provides all care with no financial obligation to patients or their families; and WHEREAS: membership in the Shriners fraternity offers the invaluable opportunity to build camaraderie and lifelong friendships with other men of character and upstanding values; and WHEREAS: shriners international offers its members professional development and leadership opportunities in their local communities and i.nternationally; and WHEREAS: it is fitting and appropriate to acknowledge and celebrate this wonderful fraternity and its rich history on the anniversary of the day the Imperial Council of Shriners International was formed - June 6, 1876. /_�' - SAINT JOHN P.O.Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B.Canada E2L 4L1 --�� 159 NOW �{ TH�F�,RE: I, Macyor Ivan Court, ��'�°�- �'t of Saint John do hereby proclaim June 6� to 12�, 2011 as Shriners International Awareness Week in Saint John and do encourage all of our citizens to Iearn more about Shriners International and celebrate its many impressive achievements over the past 138 years. In witness whereof I have set my hand and aff"ixed the official seal of the Mayor of the City of Saint John. , s�, ;�� 1 , �,��..,'.,a �_ (,��,�� y _ � •��,-c - ,,;,� :,�r c � �r _ SAINT JOHN P.O.Box 1971 Saint John,NB Canada E2L 4L1 !, www.saintjohn.ca I C.P. 1971 Saint John,N.-B.Canada E2L 4L1 --�✓ 160 6��' � SAINT JOHN SHRINE CL UB Luxor Temple Shriners Join Together to Celebrate Shriners International Awareness Week FOR IMMEDIATE RELEASE Contact: Rene Cormier, Luxor Shriners, 506-651-6262 renecormier(a�rogers.com Saint John, N. B. —June 6-12, Shriners around the world will join together to participate in an international week of recognition for the Shriners International fraternity. This celebration began in 2006 and is an opportunity for Shriners to share information about the fraternity, its history and the benefits of becoming part of an organization dedicated to fun, fellowship and philanthropic support. The fraternity's governing board, known as the Imperial Council, was founded on June 6, 1876. Shriners will be wearing their fezzes, if appropriate, or hats, shirts, lapel pins and other items with the fraternal logo to help recognize fellow Shriners and increase awareness about Shriners International. Many Shriners are also organizing special events at their temples and in their communities. Luxor Shriners will cefebrating a bit early with a Parade being held in Sussex, N.B. on Saturday, June 4rh. The parade will kick off from the Sussex Legion at 2:00 PM. "Shriners International Awareness Week is the perfect opportunity for nobles to tell the world about our feztastic fraternity," said Imperial Membership Committee Chairman George Mitchell. "It is also a time to join together as an organization and celebrate our many impressive accomplishments over the years. We have a lot to be proud of, and I think it's important for us to recognize that and host events and activities that get people excited about us." These accomplishments include founding and continuing to operate Shriners Hospitals for Children�, a pediatric health care system dedicated to improving the lives of children by providing speciafty care, innovative research and outstanding teaching programs. Children up to age 18 with orthopaedic conditions, burn injuries of all degrees, spinal cord injuries, and cleft lip and palate are efigible for admission and receive all care in a family-centered environment, with no financial obligation to patients or their families. 161 About Shriners International Shriners International is a fraternity based on fun, fellowship and the Masonic principles of brotherly love, relief and truth. There are approximately 350,000 members from 191 temples in the U.S., Canada, Mexico and the Republic of Panama. Shriners Internationaf founded and continues to operate Shriners Hospitafs for Children�. Visit www.beashrinernow.com for more information. xxx 162 ■ ■ as � e o � va o rs . . . • • • v • • '�rr • • � • � rr • � • • � � 163 � � � � � � � � � Ou r Nei h bou rhood � � • • We are the East Side Motivators (ESM ) — motiva ed to make a difference within our community • Located at Roxbu ry Drive/Read i ng Crescent • Our vision is to engage residents and provide positive experiences to make a difference within our community • We need a safe place for our children to play and community to gather • Which will help provide opportunities for a brighter future 164 Where We Are Located � � � . . ,�i �BJ��r. . ' More... h • � � �r .{ �� • ` ��' - ��;;i �.. � . � ' • +.'_ ._ �'�� r f •��ykx t i�':�;'' r' i y _ ` r. y.� �.. '�L`-�yY� �' � �''�f� x � �--'f�� k+ ti . *� I } � . I � �'- � �1a. , •�'�!�� . �• � ' l {,- __� •�� _�?��L.}fp,.` . ' ` �� ' F' � �i ��1{� . i I—•'� �5 ��L �•�f� -' �}I ': � _ . Jr� +k • /�' _ { . \ J+ `F .I •� ' �ii � '{ ~/ •� '��±r • .�. �� .� •. . �'�.' ��y JR� •.�. ar�.� ry � y�� f'• r. �_ �• . �r � yr;� ..ry + `J{• �f��''�'{��,��y��1 {�'•r' kr:.- .. {�- �'Ly. .' . �r' ~� • L.JM�� r�� ,a ''{� � . �� tik. _ +• � � . . ' { •�� "F.•`+•-� {/� '• • ��• r � 1' 1 _ �• ' � I� 1 - y, y:� ' .'. • ,J~-.-•�- � } , '+y I �' ~r�' . f){' - �'x: � '. f Zv { �r �..;• - ; f�_ '�4 '}A.��.�'• �'ry�, - �--�}f+�.' f�l ' �. - . � • y��-. ��J � � y Y�u ' � I•4 � V�1�1 �4f�� 5� r..f�{�' ` �45 ��J ' ��.� " � _��( �-' '�i� h t�- � .� ' .. ��+. - .� � •'.r'•' �y4 4 ' y. . ��:,. i ; ,+� �.. � 4 i _ �.� .. - , , , f F �-5� :',f-7 ��%�.� + �F# .� � �� F� ��' �.I. ��. ; 4� ��~� �� 44 .�. ' 4 ,� . � �� • {I � .��`� �.•• ,:fi' _t}��}}� ~r��1�� '� ' � �f ~{�� `I+ �5' � ' �� '�}, { � 'I"+I � �{r�y + . .� sJ� {•ti� '-f;� ;ry5.:�,�' r ,4 _� _ k s . . ._ ., • �r , . - }�,;�•{x� � ,, ,'¢ f . � . . _� {k �.' �. r ..�:�'�� .. ,� �' ,. . �3 •� 3;- ,.:ti,;- • � . •. _ �•:...r y�. il� i . . # _{ - �" •— r ��• •,�1�•`. - x:•' '��w; . � r% ,y f. ��-�•�. ��I` � IL I�, yr . '�.1��•,• � k �L+•• � � F�� ___ .y•� _�`•{ +5 ~ • •:� {. �� ,.� ��,�i� � v,� '�� a7 � ..�i .��.ry. .''�., Gw ��'• i - _�'�44.. �'• � :��v 4� \ 'h . �5 : � 5 � �.{ .f•',+J _ = .�� , _ . r y. •�' � M159;• .`t: ' 1' ':r1�� f.... fr'?' . i "�f ..' .•��• � ~'�t '��',' •�. � < �'; ,=j: I" +}� •f, •� .� � .. � � . �l� , �.,�, � � ��_T_� .� � - f{ ' �+ � �� . � k , � � � . �� ,�� { �� ,�`ti ' I 7' ,rf f,�y • � P� r } f. . �T `•.• �k�� I ��:. ',;,.:rl•�F'� _ ' =�. . 5 �.. . k � ��_1 . Ir�_�� 5� 'I.•_ .. s?� . . ��'• �' - y��1'�'7��jJ�� (�' � {' ' 1:+° Y UNN'�W�WU�?4'.�� + ��,�� S. hi}. . �� y' . ~ .. - „ J� �.�{ - _ i'�•"� ,� t��.. ��:Lrr�- .k {' � '.f. � ' _ � �'~ ��' t � , . . . r y ��y• '. ' y �� _ _ _ . � • r . . . ' �. , • � � 'ts + . _.�n � t • F Y y�k "1 -I ,,1 t��y, � 4.f = .y�.4_'4 '�� k �+�tii , . — . + ��.�.1•, �p�L �'� �^ . + . ��.i� �i •t � , ' " .�. 5 �y� �j ti J • ti�� , _ " ::�� + 1 'Ta.I �`t 1 C :' 'rr r.r a 'q',' . ' .;_ '� �4.�. .�Il �•�y , .--r - :� � � ' � ..�r�' I! l�4 ' �' � • ' �I� '• � } - .� r� f• I I � 1�ti _ _`�!"��, S' '}{� . ,�� `.�,.'. � � �� '1 � - . . �� 5•.Y��' � r � ,•{� � J: '}+-"- r:'}++ ':�. _ hti i.�.i �� .J :� J-�k' S Y � .� . , ... '� �^ .-�''��',;'..., �.r*�� .'� r f � • ` ��,l� �G 4�� '4�JIG�f1T , . r �..e•.'�� '�-c-� ��r•�``�� r.`�� •'�;.`.��'�'��:.�� p p 165 � � � � � � � � � Who are the Motivators ? � � • • We are residents & youth • Local businesses such as Little John 's & Sterling 's Apples • Community Partnerships with Vibrant Communities ; Irving Oil ; Glen Falls School ; Forrest Hills School ; Green Win ; Glen View United Church ; Forrest Hills Baptist; Horizon Health ; Social Development; Com m u n ity Police ; and YMCA 166 Wh th is is so i m ortant to ou r : : : . . communit ' - . . . Area Demographics Our Area Saint John Single Parent Families 42% 24.7% Median Household Income $27,000 $41,459 Poverty Rate 43.5% 20.8% Poverty Rate - Single Mothers 68. 1% 42% Poverty Rate - C ildren under 6 years 71 .4% 33.7% High School - completion 40% 22.6% ° � , . � Sour e: 20 ensus Data � �' � r �?",� -' � _+.+...a�.,�.e�..��d.«' _'�7l� r :# aVe o�er 150 ;�: : . ' .:.��. ti 4 � � r � h ,,, G� r. We � _ � � -� � �� between the , .r �.� . •r children ears of �, . .-. � } .� �z �,r ages °f � �$ y utistic - - . .. , ' �` �� are A _b � w Wh��h 33 0 o haVe _ '� � -- 0 / an1ng �h lengeS ' l � ' ,:��"'� � �,�;d� T ;T:�� n a� ' � � 1,��.� €��,:.1��. � e ar , �e i � �� , ' � r: - �_ ��-�� , � 167 - °- __ __ � � � Here are a few th i n s we 've � � ' J . done i n the last 6 months � � • • Neighbourhood Clean Up • Leadership Training programs • Saturday afternoon on the hill • 2 yard sales • Safe Halloween Party • Ch ristmas Party • S u rvey 168 � � � � � � S u rve Sa s � ' y y : : . • 50% of residents filled out the survey • 61 % of residents are fairly new to the neig h bou rhood less than 5 years , 39% longer than 6 years • 56% feel they can make a d ifference . • 85% would recommend the neighbourhood to others . • More than half (55% ) of the residents are interested in putting in some time to improve the neighbourhood . 169 � � � � � � Lots of Pos itive � ' : : . • Bullying is the biggest safety concern . • Only 28% of residents are even a little bit uncomfortable at night • Very positive feel i ngs about the role of pol ice the community • 57% rate the neighbourhood as excellent or good 170 � � � � � � � � � Ou r Priorities from the Su rve � � • y Keep It Clean Keep it friendly Garbage Get involved Recycling Bullying Keep it safe Keep it fun Better Lighting Play area Slow down traffic activities 171 � � � ■ ■ • • • Ur ISIOn — Multipurpose Paved : ' . . : : . Area w�th Commun�ty Garden • Create a multipurpose area with community garden and paved area for games , basketball , hopscotch , etc. • To be centrally located in our community �� ..�:�� . ,� � , � . . , , .;� {�, _ _ . �'r..�y j � � ":7�!.1:+.. �` � � � � � h�.. � r.,`'1 ' �' `M� ' •�•. r .�.� � ;, � ,Y �� r t J � • � a T � ��,� 'w ,,.�Iiti.-v►� , � �ir �, J � �-:� � � < �y� � � �; � � ' ' � ��•�'�!�► Tir �a►., •' "' ,. �'i' — .. �t- _ - - : • � �i ar i� � � r_� . �' �:r?�z�.�:�' ��'�...�� , � y "ar�.r_ 'N��:�'' 4-� K'`,� ,�, ' .� � '„^ `��„ � �-P: r � �' 1 +�r: ..4..� � — � .• � , rt�. •,r',' .,' �' r,� � _ !1 :f ' � r'�� ,,,�', �,'ra�'r:;�;�: :�� '� -• � `• ,.s� ,, y ,i;,,. , -,�;--,,��, ' , ��I� f I . `"'..�,�i, � ;� ",�' .. r t_ {�� , �w * �— T 172 � � � � � �`''' > � � � . � � � � I�- _ _ _ �a�►:�:-�„�.`�'�'�- � � � ,— B efo re - - - .' • ��"' ,' �� • r ■ • • • � . _ .. . �.:i . . -..:: � � , r� , � - - � _ : . - • . - . � � . • .� . - . ,. ,�►_ � . ' , . : � .,�,• . �, . . .,,, - . ' .- T , 1 , y� . �`; ,�_ -'+ . l �_ . r' - ':G+.• • a :f• � ... _, • - �� ', �'b�-''r �,tiI j •t �. ; '. , . , � t. - ' - -E .R` `„°'°�, . y �� ;3f'•�,�•`.b,c; r . .a� �� ' . , t� . ._��,l�, r {� , - . � . � � F�� .�.-� �*� ! _ - _ . ; `��`, .. . � � �.[".;!'� et. .ci- _ r 1 -� .v�` t � r . r«-- . . 4 - •� �� .� + 4 �� .� ir . � , ' ; � , `.� '. � r�: r��r , � � '� `� .wlll� . ' - � •� . � . . � �i r � � ► � �� After - � - --- - -ti �-.., — � • - - - . - ._ .._ � .. . ' - - .r173 � � � � � � � � ■ ■ / - • � Hi hli hts - �� - - g g . . . �.� - , . � � � - �� ; , �� -� �� . � �: f _ "i► � r. � ,� � �� .� . � � � � y � � � � �;r �� r� � � � �' r y,'l � � _� y - �`�f -��..� � � �,.� �a, � � . , . �• , _ ---_ .�— � � �� ---- � � � �� -� '�. . � ^�o�._ � � . �' J i _ _ �J . �► • _.�:; < ; ,-,. �,�� :,..-1.�_-- . N—. - .�...� , ; 1. .. . .. �,Y�. . . • • �� ' . ' i,y; .� ��a •. �� ;�' � - .��' � ,;��'(� •' ' � .iZ. �` �Rr .!� . . �� E __ ��.- � — • ' 4 � � +. , , _ ', .� � , _ `+ � — r� r ' ~x.. .�� '� �'�i � _ � • � ' �.1�� ` " y � � .1` ' ��'`_�� I' ,� ' x� . , , �`.::r'.•,,,� A `� � � �� .,�� y � ;P� , � 4 ' '�� ASKS : • . : : . • Improved access to recreat�on Safer pathway for kids to get to playground at school : cross walk, sidewalk ; and flashing stop I ig ht. • Street Lights • Traffic calming measures • Transportation for children\youth to go to activities (e . g . , Rockwood Park) • Garbage- hel p us keep ou r neig h borhood cleaner; reduce dumping ; and signage • Invite you to tour our community 175 � � � � � � � � � � � � • Now that you have "learned " . . . it is ti me for us to "GO" • Kim Williams (ESM ) 214 . 1363 , 721 -9674 • Penni Eisenhauer (Vibrant Communities) 343-5382 or commorg . penniC�gmail . com 176 � � � � Council U date une 201 I P • I 500 000 visitors annuall , , y • I /4 billion s endin P g • 371 businesses and 4530 em lo ees in Saint P y ohn 2006 census • Pro ert taxes alone from hotels exceed P y I . 5 million annuall a able to the cit yPy y � • Hotel levies are si nificantl chan in the g y g g com etitive landsca e in Canada. P P • En a ement & fundin from industr laces gg g yP Sai nt o h n i n a h i h I co m etitive s itu ati o n gy P • Saint ohn in a leadershi osition ado tin PP P g this model � � � � � � / / • • � Fi��r�� E�-�I : ��1� F�r��ir�� il� � �r�r��r� ■ H�t�I L��i�� UG I i� ��i�t� �i�� tt��r ��i�li� ��f�� 1�rr��f F��, ��r��r��r��i�r�� r�� t��r F��r�U� 1 �� a'� �°.�� a ��a�O �� o:¢ ��'� • �� I��r�� - ��1 °�� ,�� p�� :� . �� '� � ' � ��a � � r ��;�� T��ri�in ��tr�� I� ��l�� t� �I� �� 1 ��I�r I�Ur�i�i��l �� I�� ,��I�� 1 i� ��1��1i� ��n��i�� i��r� �� U�� t�� 180 . --- . . _ . _ ._ . _ . . . . . . . _ _ .I , / • � Fi��r�� E�-�: �� r��r� ��i�r� F�r��ir�� r ��il��l� N��I F��r� �ii �� . �1�i n i�i��I ��nti�r�� r��t�f� �� °} }�1 �1�1� �� 1r� t� ��1 ��I� � �1 .��1 � � 3 � � � ��1 n �� 1r� �1 ,11 � � � ��1n �� T��ri s rr� �{�i r�� .��lti�ti ' �� ; , , , .- . , �.T� �i�� 4�� F�ati�i�r� ��r F��m ��E �, �a�uu �� 181 . � • _ , _ � � Fi��r�� -�: ��r�� r�� rr��r �1�rl��ir�� E��r�� T��I � �� i i �r�� {ra Ki��i�i�{�I ��r��n�� t��tU f� �f�a�� _� � � � - � }�1 ��1 r� �� -� � � ��I�1n �� 1 �1�1r� ��a�� - � � - � ��I�in �� I�r1 r� �� 1�1 r� 1 ��•� T�,�� # .� ��,� ; Externa� ��IarKeting vs. visitor �ntorm� � � � � � � � � . , �aa '��a�o �'��u ��u ��ao ��'a ��u ��a�o ��'� ��u '� ��{�a �ay{�r� �f T�t�I �U�� a� � 182 �IL� �� j��9� 8�� ° � � Former Tourism S New DMO • � 8 I 8 000 I 025 000 , Cit Bud et � � y g • • 345 000 Hotel Association 0 , 60 000 I 00 000 , Other � I 22 3 000 I 025 000 , , Total � � Cor orate services estimated at I 00 000+ i uded. act.ual TS 2009 ud et � • O n e o o rtu n it to " et it ri ht" PP y g g • I I member board of directors • 2 HotelAssociation • 5 Cit of Saint ohn y • 4 Industr A ointed y PP • 5 ear co ntracts with C it an d S HA a roved i n y y PP N ove m b e r 2 0 I 0 � � � • I ncrease Tou rism Revenues b : y • Increasin visitation to Saint ohn in ke tourism g y marlcets • Extendin the avera e visitors len h of sta g g � y • Encoura in re eat visitation g g P ransiti P Services Defined 201 I Work Plan & Budget Marketing Strategy ACOAApplication Pending Creative Development Creative Releases Operations & Implementation TempWork Plan NewWork Plan W ' � � � �. � � . � . �. � : . � � � � • � � _ _ .. . . � • �� . . : � . n �. . . . - ' '1T4 . . b �� • � � � - I • � � � � � n n + �• n n � � � � ' , � � � �� .�. • 0 .�3 � Gi � � � � i In . � • r-- � _a � , _ '�r-�' �_ +� - •- `-� r•-i� � 'f - � - - -�r- -•� � • ; . _ _ • � , . - ■ ■ Y � � • a � ' • . ' � ' � •+ - - • ' � • . . . _ . . _ . .. . 1 �}l L1 ^ .� .._ ._ _ •-__ � � I � 188 � � To increase tourism revenues in Saint ohn b y marketi n ou r u n i ue and com etitive q P tourism ex eriences to hi h otential marl�ets P g P Advocacy . Product « . „ Support & Financial Development one voice PP �Coor�dinatio_n, Su ort ina axes, Indus � � Community iv Infrastructure ar etin c 's an - - • � � action (new - gn et uppor tourism usinesses) ,-, - � - � -_-T .T _ ,,._- .� � � - . . �_ . _________� � . . � - � � - -__ . � . _., � � Industry Net orking and Give-Aways Post Bid � rators specific Issues gusiness and Gifts Financial Etc. Development Support � � 5 + • � . ,r�� i� -' �+ .�H'*'. ti_ � i. til. _ .*�- } . - • • �+r ' � - , � r t �� 1 � � � �� . �r' � � t . �� 4 t� 'i - -- � -- - � - � General - - - - - -� � ost i Sta - _ . - - - Coordination Support ve ' n E se To _ s ., rm estination eti n - ch . 's and Sub- � � . _ � - � ' L ' + . '+ . �it�� -3.�`�_'�-s-��`t �"�- r-'�i -i _ � A�SY.��+ -��r �, , y,�. . :`r�'•a•-- �•4�ria�4� i ��1W a i . .. . � . � perators opment , � - _��:�.a� � -.�., �_._�-...� s. � , - .� -- = � � �- - - � , Pac kage u ppo rt � • � ' � • _, � _. — � � � � . � � _� • � - - - • • � • • � • _� r� }., : � - � � � �� - , ��r � • � : e , I, _ � n � - � � �� A , _ , , . F Marketing for SIG's and Sub- Sectors .,. Bid Development Support 192 • Urban & Cultural Ex erience P • Pu b I i c I nf rastru ctu re & Bu i It Fo rm • VVat e rf ro n t & B a o f F u n d y y • National and Provi ncial Marl�ets , f --4 - - � NEW BRUNSWICK "' , r � � 63% current leisure visitors � po p 7 5 2,000 � 114% likelihood � 47% yield . -� - � � � � NOVA SCOTIA (PEI) _ � 7% current leisure visitors ONTARIO , ' pop 1,083,506 �� , 5 % current leisure visitors 8.6% likelihood ' 4 hr proximity pop 13,210,667 EASTERN USA 0.5% likelihood 8% current leisure visitors 11% yield 12hr proximity (23% with cruise) 1.25x $ 8.4% ield pop 14,429,720 (+) y 0.7% likelihood 0.5% likelihood (2.2/ with cruise) 2x $ __� 10.8% yield ; '�.— �j (33% with cruise) � j � � � '� � 7X � �� A4 a o u rc ase M a rl�et S i ze = I 00 000 000 , , I 5 000 000 , , 4 000 000 , , - ' - Conside 3 000 000 � � 4.Travel Planning 2 0�0 0�0 � � 5. Commitment/ � I 5 00 000 Boolcing > > Path To Pu rchase I ncrease # of People ki Path From Purchase X (multiplied by) � _ . . - • _� . 'r. � � k� - •�,:. -��• � � _ � •� F . � -i��`I��4.l� '+fr�+�rsL�� 1s� -r'� + - `�r - •- t { i � � �. � Plannin - ajor Activities I ncrease the amou nt � they spend 2.Travel to Destination � 3.Visitation and Spending (multiple purchases, meals sho in - ' d • . Path To Pu rchase Selling the Destination sinai � rketi n ki o ra Path From Purchase �. . � . Selling the _ • _� . 'r. � � k� - •�,:. -��• � � _ � .� - = � �� Products In the i Y�`I��4.�� '+f�T+�r.sL�'# {s� Plannin * � � i ` � `� � - Destination ajor Activities - , . , . _ � „ . � : - _ , � � � � �''r - ��-- -� �' - - -r'� � ISItOr 2.Travel to Destination perience Program � 3.Visitation and Spending (multiple purchases, meals sho in - d • . � � - � • � A ' .-M�� - , • � �', �:• .�-' �- :+• ��. i. _ _ �_. -_. - � . - • � � � � e ' F ,� ,''�II'"� `" ,� � ^ ��I �,,�.� , • • `�j I�� e 198 � Destination Marketing & Sales � Visitor Experience Program . , _ . . "� � - i ' . � •t-.� .:- � � �y ' -" - .F - - �' � � ' _ -'i - . t.• ` � i x � `�� - _ F �r 4 t_ � � � �-- � ! -� � � � � � - � eratioris X ens�es - � � � � � �� Ly--� � P P � Destination Marketing & Sales � Visitor Experience Program . . . _� . . , . ; - _ .i , , *' k �� '�, .. I . - i *' a'i'' 201 I O erations Ex enses P P ,. c o sts onsu mer ro ram Trade Shows 20 000 , AAA Marlcetplace New England Saltscapes Expo (Halifax) Maine Consumer Travel (Bangor) Canada Media Marlcetplace (NY) Advertisi n g . I 67 000 TBD (Marlceting Strategy) ' Des i n & C reative 5 I 000 g , TBD (Marlceting Strategy) S onsorsh i s & Partnersh i s I 0 000 P P P , Return2NB Bay Ferries Marketing Experience collection Staff I + , • • ee i n s onven ions or s , , Trade Shows Conferences and Promotions , , I 9 500 , Advantage NB Canadian Society of Association Executives Tete a Tete Canad ian Sports Tou rism Events Congress Incentive Worlcs & Maritime Rocks FAM Tri s & S ite Vi s its I 9 000 P � ' ' I 0 000 Membershi s / Other Promotion P � ' ' 8 000 Advertisi n , g ' ' I I 000 S onsorsh i s & Partnersh i s � P P P CSAE GolfTournament (sponsorship) Ambassador Program , • rave ra e r u � s e o o rc o a c , Trade Shows & Marl�et Places 25 000 , ABA Marlcetplace (motor coach Philadelphia) Bienvenue Quebec (motor coach) OMCA Ontario Motor CoachAssociation Rendezvous Canada (travel trade) Sea Trade M iam i FAM Tri s 6 500 P � Adve rti s i n 9 000 g � S onsorsh i s & Partnersh i s 20 000 P P P � Bay of Fundy Cruise Partnership Maritime Kitchen Party Staf f I /4 , • a or ven s n us r u or Bid Su ort I 4 000 PP � Memorial Cup Other Canadian Follc Music Other Su ort PP 2 500 , Po rte r Ai rl i n es, etc. S onsorsh i s & Partnersh i s 4 000 P P P � TIANB etc . Staff 0 + ,. • • • isi or � erience ro ram V I C Staff I 72 000 , Visitor Guide 5 I 500 , Posta e and Deliver of Guides I 8 000 g y � Oth e r 29 000 , C o n f e re n c e I n te rc e pt St rategy Cruise Intercept Strategy Newsletter Vehicle Rental Training and Mystery Shop Uniforms Other + , � • � � � • , - - -- -- -____ .__. � � � . . � . . � . . ' E�= i� � � � �. �� . -.:_,.� _� , . . . . (� `�' ��.,�.:� � � �� . .. 1 1 ' 1 1 "4 .1• , 1 1 1 ' � 1•. I u � ' � a �� k� � � . _ . '. S�INT JO�IN .;, �,,� - �i�- �� , i �� ; - �° :� � �; �� , � � �� . �. NEW BRUNSWICK, CANADA . • , . • . . � � �,j � � ' �,�. " ; 3 _ � _ _ � Where Urban Chic...Meets East Coast Charm f ,f? r ; �-�� : � . . �i��4�1�� "�` �i.AS � �.i ' � • 11111 i � i i. •. �� 1 �-.: �`�� J�� #,� . � ' ' " ' ' ' Saint John Destination Marketing � � i�o�•�. � � � s, � H � � ,-.� - . I ., � �. �,'ti , .�� , � � � � . � P.O.BOX1971�SAINTIOHN NB�E2L4L1 � � � �!""r PHONE:506.658.2990�TOLLFREE:866.463.8639 _ �� -,� � � �L� � � �� EMAIL•Shawnna@discoversaintjohn.com � � �� ) �� _ . . . .-. . . . —° - � -4,� , , , � .. , � . • �• ��. WEB: www.discoversaintjohn.com .. • � • - ...• � - -_ � L..!!i. 1 "°"'��-.� ContactShawnnaDickie-Garnhum,5alesManagertaday.i t ; - - , �; ' � � � � - � � I SAINT JOHN ON THE BAY OF FUNDY � � , ,� ;� __ = �� ' � � � WherewarmMaritimehos itaf andurbanso histication . � . : �� . � .� - ��'�-� ''��' i; - J'I P rtY p � u�i�, -� _. converge.Exploreourhistoricstreetscapesantldiscoverthe • , ,,, t� naturalbeautyoftheBayofFundy.Anunexpectedone-of ,,, , . , , - , , kindexperienceawaitswithdistinctivevenuesandunique �� , , �. , � II� F� delegate activities. _ , � � � • � ��.� *'P+��d�. •InsideConnectionPedwaylinksover123,000sq.ft.of . • •� . . �. ;;.��` �� -'�- 1r�''; 'F -�a r _ conventionandexhibitspacebetween4majorfacilities, , -, , .- ,�� + allunderoneroofl � .' ��! � . •. . � -' y-� _ •SaintlohnTradeandConventionCentreanchorstwo ?' f !" ; �`�" ro -' majorhotelsuptown,with450guestroomsovedooking � ' ; � � _ R r^ �F, c �y r , t� � �� _� � w '�^ theharbour(ront. „ � -^ ,r -- - - � �__ � .. , ° ';� �� :— '!��'�°f,y'�' __ •Maximumwalktimeofonly7minutesbetween � � ` — venues induding: •r'>..''• •�s�� Sf�INT )OHN ON T�i� $fiY Of fUNDY •Anarrayofrestaurantsandboutiques �� y •Olympic size pool at the Canada Games y� a � Aquatic Centre '' � � f ��,,,,.-�_„ � �_�-�� •Fresh lobsterand seafood atthe Ciry Market - � � •GreetaRi htWhaleattheNewBrunswickMuseum � � .�� f� � � c�? � g �1 � n ..� �� i � •HarbourStationmulti-purposefaciliryoffers IF��` � �'- � ` r _ 1 _ . . r 78,OOOsq.ft.offloorspace. '' �q~� t i��', �,�'� "` •ImperialTheatreprovidesanelegantbackdrop x � "` �� " � � ,�,� ' for200onstageandseats900. � s �` � :.�� w=� � ��. � � �.' ��,�,r �'�~�� °--'-+` , ' � �_ •ConvenientandaffordableairaccessonAirCanada � ��'^ �` � � � � ��s� ��cru��'a ° %� ;r,�� i withdailydiredflighutoToronto,HalifaxandMontreaL ,_/� � �-"� ►-� ��iio��uoi /;;�1� �-_�� :�?��+....' , .�: � � � � '�' � ;�,-a �a�;� Shawnna Dickie-Garnhum � mim ouu i �;�� u�, �lt �� ,� �_ SalesManager �� ..� .�• 1. 1 ,� ;� � � � ,� � � �;� t1 f': '� `„ r' . ii :.ti�, .'��, ' ! �� .--• * �J " �. a�i��l�i 'I.r', . , .�� SAINT JOHN �; � � . . �� i�r .r :�- --� - -�a � � �� _ ._ . �- : .-. - �-� � � ;� � • �� 6�E� ,�.°: ��.�� ' _ � � _4��. ;: :_....A� - `� k 5 �c �� .;Y� ° . _'�..h-� s s � k � � ' �.�. � _. ��F . .. . =,,,�- �. `�"`-. t -� -_ � .*,, �� y E � � � __ +' , , .t , �4 , . , _ � _ '� •�=-. . . ' , - • - ' :�'li � - r� , _ � _ .��_b__., _ -,..z,..� ___ � rr.,.�,,- - - . -•r`4=; , t , - . � _ . - , . , . . ,,,L . : , ,. , �. �:_ r F ` , .' � . - .� . , . � r�r• rau � - � • nr• _ • - • � 206 � ' . .} � � � ,: -'� . �''� . � '� . Welcome to Saint John, New Brunswick � �' Canada's First Incorporated City -- est. 1785 �" � �` �'' � :� - - � Saint John brings a blend of urban sophistication and East coast charm � � , " to your event with our colourful streetscapes,beautiful accessible waterfront, and modern convention facilities. � � -� -- r �� ;f ,- !'�� i�� #�} ��m� First class accommodations,restaurants,shops,recreational and __ ,� 4 .;a^�� altural facilities are linked by a dimate-controlled pedway system,the }r�� .� rn��+� "Inside Connection,"ensuring your comfort and convenience in any �� - season. Step outside and you are moments away from breathtaking views �� r��7y,r1�� of the Bay of Fundy,pristine natural parks,and history-lined streets bustling with art,dining and entertainment inspired by our Maritime hospitality. Y:$h�s�°p0Y�r.L j:�ti }•Ot,'r,31 v^ih+! }��i�^. ,• .�'�:•::: .Ir,Mr_�rr�tMg$�y�t F4m�p!N�.v th�l yr�'M��r.n.�:•rr Saint John is experiencing a dramatic revitalization,bringing new � ffy$�� ,{y@��ti�.= opportunities to locals and visitors alike.I am thrilled you are a part of it. wui4}qu m m��h��p�i�s�.�r rrore Qf our On behalf of the Common Council and the citizens of the City of � ��lQpylQr prp.�inpq.Tfrqsq�r�p rr4n}•fixtrao�cl�r.7 : Saint John,I wish you a successful gathering and a memorable stay. � •:•+ri�r�o��s�nn�i�y �or yau in Muw�v•i:wi�ti' � We hope you visit us again soon. f � � • °' '— � ` ' '� ' Sincerely, . � __ L � (/ ��(/l�+--^ \� � `��.�'/ T Ivan Court Mayor � � � � � . .. .: - . � , � ir� F � + ... �'`SAINT JOHN � �� e�ryof��,on� _ �.o.sox/c.c.i9�i IsniNT�oHN Ns/�N.-s.) ez�au I wwwsaintjohn.ca - FSC �.�� .. ..., • • i••, .�,., .. ,,,. . .. ._ . . . , . .. , •--,�,: ..,... . ��. �,.,,..,..,� � � ��IVL.I. 1�H VI � I , � � I � • 207 • � � � � • � � � � � � � � . �- � , ��., _ , � ��-`�"� �i�"�� "' � �"� -- - ��i � ��; . e r � : ,�� — � � .. e, ,. ^� , ,�_ ` ".� .r,.i!' "'^',w„ .,.i�R'Y's - �' ,_�_ : 1�� p .:�.�Y tl , . �,►1*♦.}}�'f f• • t t., �- - .3:�= _ ,��'� ,:.i a Y;� :�3�['�� - ='#-��- Y �. �� ' .- - � � : .1. J / j.� , �� i� � � � � � .�� L � � � � � •� � � 1 � � � � � �� I� T�l� �� I�G��f � � , .�'`�"��`` ��-�� .-- ON THE BAYof FUNDY � ��dlF - � .- . � � .� �� I � � � �q p �,, � � '� ,_ � ii ii ei � d � �r�„r i�r r��k�._ � • ' _ � ` �w° � � ��--.� M � ' 4 P � �� - - �' + � � .. • � � ��. � � � � ' � � ��'�� . ' � � .i�...}� . - , ��` � �. .�- . . �� . = s ,� . . . ,,,�:. �t:�•�,�'.yQ'*'� �� F��'�`�' _ � �Z•,`�.�� ' —� ''' -I� ' � �' �� Il9 � 1 �� , �# � �,��-.'�� ,� • � �F i:- .-.••'��r•. _ r.,:, 1�s � � � �• �� a' •� _ .'i!1 E i' ' � _ `��t �L � + • . . .• �`w ��+� �� _� . � . . .. ' ,I.ry"'. ..�4.y � �.1 �. ��. yf t . r 1 ..dRJ'" y�!_� � '� . •.�' � ��.°` ' _ i- � �. ' � . . .. �� ' — ' �JT F _ 4' ' •{ �• ., fi.�11`i,��i '�� - � � T�Ln� . 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' -i . � �� -- Y . .. � � � �.ii..r • � . . • ��. � —_ i 4_ s..4 • . k � � '� `� � _ � �. � � �� _ �� _ �f � � � � �� r I '' i ,�� F 1 �_ r , �"�� 1�, , � I i � — _ _ .� . .� ti � �� _ h .ti I r � •- � � � ��-� �.�. � • - � � �ti �L��,-`��r-'-� :•�,.,��r' � � I �a� _�s - `�� , ti�'� � �� ,�� — - '� ; ��••,� .� �� `�kti�Y Y�rL.� � �S F}� ' f � '� - '� • r— r''J �'`��,� u'',�` .��'�� • � F~'� , - _ _ + �'�� + �-�, ' ��„+*�r':�� - 1�'� - '1 � � �-�� r� ��- f ` � �� r �� 'k�. � ., r - �� ' •�i��.�"�1•��• �t�i�r :'�� i, �. {•'fi - . }# • . 4� . � , . L�t r#� � �• �� -• - - +.�Rr� }l .� ' x�k�•`�•: J r��• - +�f ,�'•' , . _ . .,,��• . � � �.. � �. � - . rh I ��. � r �t L . _ .�� ;' a�S�r ,�� • � � .� + �•�� L �r��i� I�� kL ti -�.� r:.,�,�-� � - �;, �. . ��'.� �. �{ - � . �� I�i� �Hl� � ��Il�� Hl� ��►I�iT ��Hl� 212 . Flare Magazine Trave I M e d i a HGTV.ca FoodNetwork Cruise Travel Lifestyles Magazine � � �� + � Bournemouth Eco L ' Bath Travel Magazi ne � � Goat Guide Magazine � � � Zurbaines.com � ` � ' . Coastal Llving - �+ �F Canoe & Kayalc Magazine � � � N ewswe e Ic.c o m � � - � � �� Motorcycle Atlantic Canda � 1� * - i Natural Traveller.com ±- � �� Brolcen Atlas Magazine �� ' � Msliver � � � � . � � ��;r,� Journey Magazine - 1��' � - �- Canada Cool 1�� S,�F� I� �� Wo m e n's Ru n n i ng . � , y�r ,'� �� . Huffington Post � '�� Dail Dis atch �, Y P �� What Writers Sa t�n�I�r�F�om y ' ` Washington Post - .�,� � �� Canadian Family & Best Health Magazine � �� H ealth Livi n � � y g � � � • Sai nt oh n Trade & Convention Centre • Cruise - Emissions Control Area ECA • Ma' or Events Pro ram / Partnersh i J g P • Product Develo ment ie . Reversin Falls P g � � To beco m e reco n ized an d res ected as th e g P I ead e r i n d esti n ati o n m a rketi n i n Atl anti c g Canada I�nown for ou r use of best ractices , p , ex ertise and commitment to continuos P � i m rovement and fu rthermore for its P � members and the tax a ers to benefit from the Py h i hest val ue retu rn on thei r i nvestments . g ��The H a lo Effect" A ood tou rism marl�eti n ro ram wi I I g gP g del iver more than ' ust tou rists . . . it can also J conve a ositive messa e about who we are Y P g to eo le outside of ou r re ion as a lace to P P g P I i ve a n d i nve st. �� 217 � � �� r �� I o � 1 (P) BY-LAW NUMBER C.P. 110-171 ARRETE N°C.P. 110-171 A LAW TO AMEND ARRETE MODiFIANT L'ARRETE THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint .lohn a follows: decrete ce qui suit : The Zoning By-law of The City of L'arrete sur le zonage de The City Saint John enacted ott the nineteenth day of of Saint John, decrete le dix-neuf (19) December, A.D. 2Q05, is amended by: decembre 2005, est modifie par : 1 Amending Schedule "A", tl�e 1 La modification de l'annexe «A», Zoning Map of The City of Saint John, by Plan de zonage de The City of Saint John, re-zoning a parcel of land �vith an area of permettant de modifier la d�signatian pour appraxitnately 5 i 00 square metres, located parcelle de terrain d'une superficie at 646 Fairville Boulevard, also identified d'environ 5 I00 metres carres, situee au as PID Nos. 55056832, 00034140, 646, boulevard Fairville, et portant les NID 00034132, 00035030, 00036525, 55056832, 00034140, 00034132, 55061295, 55203020, a partion of PID 00035030. 00036525. 55061295, 55210b94 and a portion of Fairville 55203020, et faisant e�alement une partie Baulevard, from "I-l'' Light Industrial and du NID 55210694 et une partie du "RM-1" Three Storey Multiple Residential boulevarci Fairville, de zone d'industrie to "SZ-22" Special Zone #22 pursuant to a iegere « 1-1 » et zone d'editices a resolutian adopted by Common Council lagements multiples de trois etages «RM- under Section 39 of the Community ]» a zone speciale n° 22 « SZ-22 » Planning Act. conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur 1'urbanisme. - all as shown on the plan attached hereto -toutes les inodifications sont indiquees sur and fonning part of this by-law. le plan ci joint et font partie dti present arrete. IN W[TNESS WHEREOF The City of EN FOI DE QUO[, The City of Saint John Saint John has caused the Carporate a fait apposer son sceau cammtinal sur le Common Seal of the said City to be affixed pr�sent arrete le 2011, to this by-law the * day of *. A.D. 2011 avec les signatures suivantes : and signed by: Mayor/Maire Comman Clerk/Greffiere communale First Reading - May 24`h, 201 ] Premiere Iecture - le 24 mai 20l 1 Second Reading- May 24'h, 2011 Deuxieme lecture - le 24 mai 20l ] Third Readin� - Troisieme lecture - 219 PLANNING AND DEVELOPMENT/ URBANISME ET D�VELOPPEMENT REZONING 1 REZONAGE Amending Schedule"A" of the Zoning By-Law of The City of Saint John Modifiant Annexe «A» de I'Arref� de zonage de The City of Saint John �. - � , , ; ,;�� ,� , , -= � � � ' ,�� , . / � � �. �� . �� /a, , � L/ � � i �� i�. :� �.' � /� �'� � �� ,% '/ \ � / �� , � ��.,� - : � �. ��, � , � \!� � � � \�y � �� / .� � ` ��` \ � ; � �O � � 4 i � P i e 0 � ��i / .\ / I � �� •`�\ � c'4 �� 0 s � � � � — FROM / DE TO I A RM-1 Three Storey Multiple Residential /zone d'edifices a logements � SZ-22 muftiples de trois etages Special zone 22/ zone speciafe 22 I-1 Light Industrial/ � zone d'insdustrie I�g�re Pursuani to a Resolution under Section 39 of the Community Planning Act * Conform�meni�une resolution adopi�e par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Retrocom/Smart Centers (initially submitted by Counsel Fairville Limited) Location: 646 boulevard Fairville Boulevard PID(s)/NIP{s) 55061295, 00036525, 00035030, 00034132, 00034140, 55056832, 55203020, Portion of/de 55210694 et Portion of/de boulevard Fairville Boulevard OfiN7fiSW Drawn By/Creee Par: David Couture Date Drawn/Carte Creee: June 2 juin, 2011 Considered by P.A.C./consid�r�par{e C.C.U.: MSy 17 �T181, 2011 Enacled by Council/Approuv�par le Conseil: Filed in Registry Office/Enregistr�le: By-Law#/Am�i�#: 22� �v t � Cb� Section 39 Conditions That, pursuant to ihe provisions of�Section 39 of the Cnmmu��ity Pla��ninkAcr, the praposed development of a parcel of land having an area of approximately 5100 Square metres, located at 646 Fairville Boulevard, also identified as PID Numbers 55056832, 00034]40, 00034132, 00035030, 0003b525. 55061295. 55203020, a portion of PID 552i0b94 and a portion of Fairville Boulevard be subject to the foilowing conditions: a) The develaper must pave all parking areas, loading areas, manoeuvring areas and drive��vays with asphalt and enclose them with cast-in-place concrete curbs to proiect the landscaped areas and to facilitate proper drainage; b) The developer must provide adec�uate site drainage facilities in accordance with a detailed drainage plan and design brief prepared by the developer and subject to the appro��al of the Chief�City Engineer or his designate; c) The developer must provide a servicing plan and report, subject to the approval of the Chief City Engineer or his designate, to the City detailing the reyuirements for water, sanitary and storm servicing and certifying that the City's infrastructure has sufficient capacity and will not be adversely impacted by the development; d) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; e} The developer rnust landscape all disturbed areas af the site not occupied by buildings, driveways, walkways, parking and loading areas; fl Direct street access to the site is limited to a maximum oftwo driveways, as generally indicated on the submitted proposal: g} The site design must include pedestrian connections into the site from the adjacent signalized intersections and appropriate crosswalk markings in the parking area. Any pedestrian walkways must be of a minimum 1.5 metre (5 foot) width; h) The site shall not be deveioped except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicatin�the location of all buildings, parking areas, driveways, walkways, loading areas, signs, exterior li�htin�, exterior building 221 materials and finishes, landscaped areas (including location and types of planting materials), and other site features: i) The approved plans mentioned in conditions {b). (c) and (h) above must be attached io the application for building perniit for the development, except that such plans are not required for pern�it applications f'or site preparation and/or foundation anly; j} All site improvements shown on the approved site plan, landscaping plan and drainage plans, except for landscaping, must be completed prior to the issuance of an occupancy permit for any part of the development; and the landscaping must be campleted wihin one year of building,pernlit approval; k) That the developers review the requirements for easements to accommodate existing infrastructure with Saint Jahn Energy. 222 1 D . 2 (a� BY-LAW NUMBER C.P. 110-172 ARRETE N° C.P. 11Q-172 A LAW TO AMEND ARRETE MODI�`IANT L'ARRETE THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City af Saint John a follo�vs: decrete ce qui suit : The Zaning By-law of The City of �,'arrete sur le zonage de The City Saint Jol�n enacted on the nineteenth day of of Saint John, decrete le di;c-neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par : 1 Amending Schedule "A", the 1 La modification de I'annexe «A», Zoning Map of The City of Saint John, by Plan de zonage de The City of Saint Jalin, re-zoning a parcel of land with an area of permettant de modifer la designation pour approximately 990 square metres, iacated une parcelle de terrain d'une supe�cie at 46 Westmorland Road, also identified as d'enviran 990 metres carres, situee au 46, PID numbers 00319657 and 55076053, chemin Westmorland, et portant les NID from "R-2" One and Two Family 00319657 et 55076053, de zone Residential to '`RM-I" Three Storey residentielle — habitations unifamiliales et Multiple Residential pursuant ta a bifamiliales «R-2» a zone d'edifices a resolution adopted by Common Council lagements multiples de trois etages «RM- under Section 39 of the Community 1» conformement a une resolution adapiee Planning Act. par le conseil municipal en vertu de I'article 39 de la Loi sur !'urbanisme. - all as shown on the plan attached hereto -toutes les modifications sont indiquees sur and forming part of this by-la�v. le plan ci joint et font partie du present arrete. IN WITNESS WHER�OF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau co�nmunal sur le Common Seal of the said City to be affixed present arrete le 20l ], ta this by-law the * day of *, A.D. 2011 avec les signatures suivantes : and signed by: M ayar/M ai re Common Clerk/Gref�ere coinmunale First Reading - May 24'h, 2011 Premiere lecture - le 24 mai 201 I 5econd Reading-May 24'h, 2011 Deuxieme lecture - le 24 mai 201 l Third Reading - Troisieme lecture - 223 PLANNING AND DEVELOPMENT/ URBANISME ET DEVELQPPEMENT REZONING 1 REZONAGE Amending Schedule"A"of the Zoning By-Law of The City of Saint John Modifiant Annexe «A» de I'Arret�de zonage de The City of Saint John � � �a• . � a , � o`�a� a� 2 ' � �e,5`� � * ,> c,'r �..� . FR�M / DE TO / A R-2 RM-1 One and Two Family Residential C 7hree Storey Muftiple Residential /zone residentielle-habitafions /zone d'�difices � logements unifamiliales et bifamiliales multiples de trois etages Pursuant to a Resolution under Section 39 of the Communiiy Planning Act * Conform�ment a une resolution adopt�e par le conseil municipal en vertu de ['article 39 de la Loi sur!'urbanisme Applicant: Streekraft Holdings Ltd. Location: 46 chemin Westmorland Road P!D(s}/Nlp{s) 00319657 & 55076053 06N99NE Drawn By/Cr��e Par: David Couture Date Drawn/Carte Cr��e: June 2 juin, 2011 Considered by P.A.C./consid8r�par le C.C.U.: M2y 17 mal, 2011 Enacted by CouncillApprouv�par le Conseil: Filed in Registry Office/Enregistr�le: By-Law#/Arr�t�#: 224 � o. �. �b� Section 39 Conditions That, pursuant to the provisions of Section 39 of the Commurrity Plclr�ni��Act, the proposed rezoning of a parcei of land with an area of approxin�ately 990 Square metres, located at 46 Westmorland Road, also identitied as being PID Numbers 00319657 and 55076053, be subject to the following conditions: a) That prior to the issuance of a building pennit for the proposal, a deiailed landscaping and off-streei parking plan for the subject site be prepared by the proponent subject to the approval of the Development Officer; b) That the work shown on the landscaping and oif street parking plan be completed by the proponent within one year ofthe rezoning of the subject site; and c) That the use of the property be limited to a maximum of seven dwelling units. 225 lo. � BY-LAW NUMBER M-23 ARRETE N° M-23 A BY-LAW TO AMEND ARRETE MODIFIANT A BY-L.AW RESPECTING THE L'ARRETE SUR L'INTERRUPTION DE STOPPING UP AND CLQSING OF LA CIRCULATION ET LA FERMETURE HIGHWAYS IN THE CITY OF SAINT DES ROUTES DANS THE CITY OF JOHN SAINT JOHN Be it enacted by the Common Council Lors d'une reunion du consei! of The City of Saint John as follows: communal, The City of Saint John a decrete ce qui suit : 1 A by-law of The City of Saint John 1 Par les presentes, l'arrete de The City entitled, "A By-law Respecting The Stopping of Saint John intitule, « L'arrete sur Up and Closing of Highways In The City of 1'interruption de la circulation et la fermeture Saint John", enacted on the nineteenth day of des routes dans The City of Saint John », December, A.D. 2005, is hereby amended by decrete le 19 decembre 2005, est modifie par adding thereto Section 219 immediately after 1'ajout de 1'articie 219 immediatement apres Section 2l 8 thereof, as follows: 1'article 218, comme suit : 2l9 The City of Saint John does hereby 219 Par les presentes, The City of Saint stop up and close permanently the following John barre et ferme de fa�on permanente la portion of highway: portion d'une route suivante : Milford Road: All that portion of Milford Chemin Milford : La totalite d'une partie du Road, a public street in the City of Saint John, Chemin Milford, une rue publique situee dans in the County of Saint John, in the Province of The City of Saint John, dans le comte de Saint New Brunswick, comprisin�; 243 square metres John et dans la province de Nouveau- as shown on a Plan of Survey showing a Brunswick, d'une superf'icie de 243 m2 etant portion of Milford Road, City of Saint John, designee plus particulierement sur un pIan County of Saint John, Province of New d'arpentage indiquant une partie du Chemin Brunswick, prepared by Kierstead Quigley and Milford, Ville de Saint John, Comte de Saint Roberts Ltd. and dated April 21, 2011, John, Nouveau-Brunswick, prepare par attached hereto. Kierstead Quigley and Roberts Ltd., date du 2l avril 2011 ci-joint. IN WITNESS WHEREOF The City of Saint EN FOI DE QUOI. The City of Saint John a John has caused the Corporate Common Seal fait apposer son sceau communal sur le present of the said City to be affixed to this by-law the arrete '�********** 2011, avec les si�natures **** day of*****, A.D. 2011 and signed by: suivantes : Mayor/Maire Common Clerk/Greftiere communale First Reading - May 2�th, 2011 Premiere lecture— le 24 mai 2011 Second Reading- May 24th, 2011 Deuxieme lecture—le 24 mai 2011 Third Reading - Troisieme lecture— 226 � N.B. Grid Co-ordinale Values (HPN) ' O� � lisle 6n caordonfe�gEodhiqun du N.B.{I�iP) �� l �a [�eeo/[.t �o�u:na/wro �w�.n.ni F/ St r � � �o sa�icsiros rswn�.�n srs � 11 1371669/SS 7367769522 SYS f_ � � 1Z 25lIEB9.675 736173S.74Y SYS ��— — ,/�� ✓e O � ti` 255161l.TO7 7JR)7E3.097 SYF � ��_ f H 2571663.Y27 T3S1763.9E0 S115 S �A .s sssieee.aoa �aenes.av s� Oj R%(� arte � 76 YSSIE70.773 7S6]7M311 S4F �( 320 ZSJ1697.2�7 7]61787.21J GLC C�•,er � 3�t y}t771.099 7]61775417 SMF �'y V p 3/1 2331716.026 7JB379�3E9 511F B _ Q� �� 99 Z'1J16EE.E7t 7S!]7SE.717 SMF �sn zss�uo.+as �xx�ass �erxr� c� � �7 a �seo ��.aiam �xwea.wo Necwaw Q o. ,"'",�,J°^. �sas zssaans�a �e�o.u.ax Necw� �y Q �ae e�n.n-n« xaio9 ss»z�s.�eo �aezsa�.en Nec�+ �s Kevin Albert Alelanson som.rec+a- i.0000p � `°`osy�" Key Plan/Corte de R6fbrence roctiw a'�w com■,w wma.�.a000zs � vo wo�ss ie n� scd./Edrw- t:u.000 l�R xotES �y6-S�oWord w�avhi Iv.d .1v.numa and�k vmw nla lo Ne NCW BRUTA�'Y7( m.�e a'om��eiinr�aiA. eao m-aam�NT[s�s�w(Kn^c��'�'�7^^e•w. 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Ak8 LS.-Amoatun ol N B.la�k 4nqv� 2�xunAM aie ianEed b Ne omt 70 xcmOf MCN9 -AcatiuWn dn kyentevni'isNbr ltt admul.aml mrwifr ai}0 ucada k pus R1a. eu Nov.ra��ru r.�ek �� a�� S Ds�ares v��n met�m.M s�rwMee Io Ine ie1 cu�unim. iP0 lobo�otM co-odmic r�w la 651anas s�a mW/m�e m�M Aephe Pe CeaO�Me doM Paul Harley Robert A Clark /wdrey J. Richard °+�w aron*u�q ms oa�me aw�«c e.. lol 03-1 Lol 93-2 Lal ae-7 le�emm<+`��ri montrb o��v s../w:aae�ao�s s..M�.wo�x» s../va.r�zo�a ��'to- a r�vM+m��r�a�ai�i�.e.e.r.a eem Ao/rm ssaa�sae aohm vao��oe em/MO ssosezn � Y0„°'":0""�`"0""°"""`""ifie° L"�Ma.Mim phipb�iro�N mmNh r vm��{ �44 �� ama�l etre rudle �� 6.N p�f o^4 documents rcfaerced a��dd b 0� So:nl John CamtY�9�'�Y Oi(�¢�f n Ih.lad 17b 0lllea 4r �f �.Q Me I%stncl d Ner&mnn�k •�8 � Tm 7c N�+d Qoartie'�ti rtdR��d CIPsY W� ^ fweqs4m�rr1 tlu m�t!de Sa�M-John W m T1n feamr i hry / �� '7�,reW e�d�q�U�I&V4rtY IDll. ^Y Hr�, Paree!/Parcelle SLS#32 L0�oi1a5e�L��P��°°mpttf�n M Atl. " Area/Superficie = 243 m' u . chemin Milford Road ,. Stella Richard LM DE-S ti �/�'a+�� Plan of Survey/Plan d'Arpentage � °� �^'�`°'°'a Showing portion of ;_�� Stella M. Richord Milford Road �''�`a 5..r��'��,� �°ge ��ss�� Montrant une po�tion du �� chemin Milford � �� a� o N � � City of Saint John � YUe de Saint-John �-+ � Saint John Caunty, N.B. Comt6 de Saint-Jahn, N.B. � •V Tammy W. Clork �� m�avti C �o�-oz � s.,/vw a�a�ooiosi sod./r��+.-tx» uxo�n eeod-weue s��.r� Pm/xm ssiao�n 7M Gly d SoiM JoM,SlWUIa a N..�.wk � r�, KIERSTFAD QUIGLEY io».e c.ay.v.aqv +a...�.a „�Ka.p.,�„�.,,�,.�-5z�,.,. a� a. L J and ROBE�Ltd. N• c (o.a ea-�oss1 L r 'm SelntJohn,NawBrwnwldc clwmin Yilwd-fM P�Pb ko. 1BEE16 DoM�QeU: [n Ktl�d�Sanl-JoM.Lohi du Na�wa+-Bruv�IcM IRE 27.4071 ion.e e.o,ye v.�.+e...eu�2 7 � ti �m>> ��'�. � G �_ F.O�+jq.1415 1 7. iuee R�a e�w.e.-re.oea-sz.:co��. ,i.s wv/�am n-am� (o.c.ea-ioss). a„�,Jr„�ne.A,r� �`9_-0d8. 3095 227 May 20, 2011 Your Worship and Members of Council, Subject: Presentation from Saint John Airport Council will be holding presentations from the Economic Development Task Farce and Plan SJ on June 13th. I would recommend council hear a presentation from Bernard Leblanc, President of the Saint John Airport Authority. The issues that the airport are grappling with are directly related to the other two presentations, and therefore certainly relevant to this agenda. Council needs to hear from the Airport so as to understand the reasons why the airport has not been been able to secure federal funding and the consequences this will have on the airport's operations. A key issue is that the Saint John Airport has not been identified in the Atlantic Transportation Gateway network. Yet the airport cannot assert itself in this recognition with federal authorities when the municipal government does not identify the airport as a commercial opportunity area within its municipal plan. In today's competitive world of integrated commerce and transportation, identifying the airport as a critical transportation link is just not enough. Mr. Leblanc would be able to eXpand on this issues and council would be wise and prudent to hear from him. Motion: Council schedule the President of The Saint John Airport Authority to present on the June 13th agenda. This presentation shall be scheduled before the plans SJ presentation. Respectfully Submitted, Stephen Chase Deputy Mayor 228 The Ciry oP Saint Jolut June 6, 2011 Your Worship Mayor Ivan Court& Members of Common Council: Issue: Morna Heights School Preservation Context: • a very well attended meeting of citizens was held on May 26 at the KBM. � this was a very well organized meeting which focused on the positive attributes of this `small' school. • citizens are very passionate about what this school represents to their neighbourhood. • citizen advocacy initiatives were discussed and have since been implemented. • another citizen-driven meeting is scheduled for laterthis month. • the River Road Alliance is a partner in this school preservation movement. Motion: That this report be received for information. spectful submitt d r eter McG i e Councillor –City of Saint John l� – SAINT JOHN P.O.Box 1971 Saint John,NB Canada E2L 4L1 I www.saintjohn.ca I C.P.1971 Saint John,N.-B.Canada E2L 4L1 —t. 229 REPORT TO COMMON COUNCIL � ,o _� � �. M & C —2011-142 �` City of Saint )ohn 3 June 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tenders for Various Trucks BACKGROUND: Tenders closed on Wednesday May 25th and Wednesday June lst for the supply of various sizes and types of trucks, as required on 4 different tender calls. These are planned vehicle replacements that were included in the 2011 Fleet Replacement Program as follows; • Tender#232004T for 1(only) 3/4 tonne Crew Cab 4X4 c/w utility body to replace vehicle 436 a 2001 3/4 tonne similarly outfitted • Tender# 232005T for 2 (only) 1 tonne Crew Cab 4X4 c/w flat bed bodies to replace vehicles; 424 a 2001 3/4 tonne 4X4 c/w utility body and 443 a 2000 1 tonne c/w flat bed body • Tender#232002T for 1 (only) 43,000 GVW cab and chassis c/w combination dump body, front plow and necessary hydraulic controls to replace vehicle 608 a 2004 Sterling Cab and Chassis of similar configuration, and • Tender#232003T for 2 (only) 68,000 GVW cab and chassis c/w combination dump body, front plow and side wing-plow and necessary hydraulics to replace vehicles; 616 a 2000 International cab and chassis and 655 a 2002 International cab and chassis, both similarly outfitted. ANALYSIS: Notwithstanding efforts by staffs of Municipal Operations and Materials and Fleet Management to encourage competition on tenders for these types of vehicles it seems each year we end up receiving only one compliant bid for each truck tendered. 230 Page Two ANALYSIS....Cont'd; Such was the case again this year where each tender called resulted in only one compliant bid as follows; • Tender 232004T: while both Centennial and Downey's submitted bids; the Downey's bid was rejected at opening for not meeting all of the tendering requirements. • Tender 232005T: only one manufacturer, Ford (Downey's) was able to meet the gross vehicle weight requirements for this type of truck. • Tenders 232002T and 232003T: Staff issued an addendum to modify the truck engine specification to encourage more competition for the vehicles covered by these tenders and while 2 bids were in fact received, once again the second bid had to be rejected at opening for failure to comply with all of the legal requirements of the tender. Staff will continue to explore options that will encourage competition but bidders have to do their part by submitting compliant bids. FINANCIAL IMPLICATIONS: If awarded as recommended, to the lowest compliant bidder in each case, the total cost to purchase the 6 trucks identified in the four tenders called, will be $890,655.14, plus applicable taxes. As stated above these vehicle replacements were included in the 2011 Fleet Replacement Program and as such funds to cover the cost were identified in the Fleet Reserve Fund. RECOMMENDATION: It is recommended that the tenders for the replacement of 6 trucks as identified in the 2011 Fleet Replacement program be awarded to the lowest compliant bidders as follows; • Tender 232004T to Centennial Buick GMC for the supply of 1(only) 2011 Sierra 3/4 tonne 4X4 crew cab and chassis c/w utility body in the amount of $47,876.00 plus tax, and • Tender 232005T to Downey Ford Sales for the supply of 2(only) 2011 Ford F450 dual wheel 4X4 4 door crew cab and chassis c/w flat bed bodies in the amount of$64,968.00 plus tax, and • Tender 232002T to Applied Pressure Inc., for the supply of 1(only) 43,OOOGVW International cab and chassis c/w a combination dump body, front plow and all necessary hydraulics installed in the amount of $200,072.38,plus tax, and finally Page Three 231 RECOMMENDATION....Cont'd; • Tender 232003T to Applied Pressure Inc., for the supply of 2(only) 68,000 GVW International cabs and chassis's c/w combination dumps, front and wing plows and all necessary hydraulics installed in the amount of $256,385.38 plus tax. Respectfully submitted, � David J. Logan Purchasing Agent Patrick Woods City Manager 232 REPORT TO COMMON COUNCIL � �, r o. � � _ M & C 2011 140 rne�ity of Saint�ohn June 1, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2011-6: Westfield Road Phase A1 (Civic # 1814 to Civic # 1920) Street Reconstruction BACKGROUND The 2010 and 2011 General Fund Capital Programs - Transportation category include funding for street reconstruction and drainage control along Westfield Road between Dalton Court and By Road# 7. This project consists generally of the supply of all necessary labour, materials and equipment for a full street reconstruction between civic #1814 and #1920 as well as the installation of approximately 347 metres of storm sewer piping. TENDER RESULTS Tenders closed on June 1, 2011, with the following results: 1. Debly Enterprises Limited, Saint John, NB $ 809,659.80 2. Galbraith Construction Ltd., Saint John,NB $ 817,991.75 3. Fairville Construction Ltd., Saint John, NB $ 834,271.09 4. Maguire Excavating Ltd., Saint John, NB $ 887,185.32 5. Brad Gould Trucking and Excavating Ltd., Nauwigewauk,NB $ 905,247.85 6. Dexter Construction Company Ltd., Bedford, NS $ 970,652.82 The Engineer's estimate for the work was $ 977,187.28 233 M & C2011 - 140 June 1, 2011 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The contract includes work that is charged against the 2010/2011 General Fund Capital Programs. Assuming award of the contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of$1,030,000 was provided in the budgets under Gas Tax funding and that the projected completion cost of the project is estimated to be $884,183.18, including the City's eligible H.S.T. rebate — a $145,816.82 positive difference in the General Fund Capital Program. POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in the report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2011-6: Westfield Road Phase A1 (Civic # 1814 to Civic # 1920) Street Reconstruction be awarded to the low tenderer, Debly Enterprises Limited, at the tendered price of$809,659.80 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. J. Patrick Woods, CGA Commissioner City Manager Municipal Operations & Engineering 234 REPORT TO COMMON COUNCIL � M & C2011 - 138 ; � ��_ m. r�. May 31, 2011 �� o , 5 His Worship Mayor Ivan Court and Members of Common Council The City of Saint�ohn Your Worship and Members of Council: SUBJECT: Contract 2011-10: Riverview Avenue SLS No. 30 & Force Main INTRODUCTION Saint John Harbour Clean-Up is about good health, clean waterways and quality of life. City of Saint John wastewater treatment and collection systems are being enhanced to protect people and the natural environment, and to help sustain institutions and the economy. Substantial progress has been made in the wastewater service. The purpose of this report is to recommend award of the contract for the construction of Riverview Avenue SLS No. 30 & Force Main. BACKGROUND The Harbour Clean-Up Program is comprised of two major project components, the Eastern Wastewater Treatment Facility and a Wastewater Collection System. Construction is well underway on the Eastern Wastewater Treatment Facility. The design work for the Wastewater Collection System is continuing with the following projects tendered and constructed: Bayside Drive Sanitary Forcemain Phase 1 and Phase 2, Monte Cristo Lift Station #34, Red Head Road Lift Station #1, Red Head Road Lift Station #50, Bayside Drive Lift Station #2 and Newmans Brook Sewer Separation. The construction of Spar Cove Pumping Station #22, and Harbour Station SLS No. 10 & Force Main are scheduled to be completed by September 2011. TENDER RESULTS Tenders closed on May 25, 2011, for Riverview Avenue SLS No. 30 & Force Main with the following results: 1. Galbraith Construction Ltd., Saint John,NB $680,006.88 2. Fairville Construction Ltd., Saint John,NB $696,385.10 3. Valley Excavation Services Inc., Rothesay, NB $741,985.12 4. Philson Ltd., Hanwell, NB $775,959.13 5. Gulf Operators Ltd., Saint John, NB $785,964.72 6. Maguire Excavating Ltd., Saint John,NB $924,422.49 The Engineer's estimate for the work was $812,885.84. 235 M & C20ll-138 May 31, 2011 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2011 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of $788,650.00 was provided in the budget to complete the construction of Riverview Avenue Lift Station No. 30, force main and gravity sewer work. The projected completion cost of this Contract is estimated to be $726,057.13 including the City's eligible H.S.T. rebate, a $62,592.87 positive difference in the Water and Sewerage Utility Fund Capital Program. To date, the cumulative amount committed through award of Harbour Clean-Up Program projects is $67,438,239.82 including the City's eligible H.S.T. rebate. The overall total estimated cost of the Harbour Clean-Up Program as reported to Council on September 28, 2009 (M&C 2009-318) is $99,400,000 including the City's eligible H.S.T. rebate. POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2011-10: Riverview Avenue SLS No. 30 & Force Main be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of$680,006.88 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. J. Patrick Woods, CGA Commissioner City Manager Municipal Operations & Engineering 236 REPORT TO COMMON COUNCIL � � _ . M & C 2011 - 135 ' � r�� , a� �. May 31, 2011 , � y His Worship Mayor Ivan Court The Cily of Saint►ohn and Members of Common Council Your Worship and Members of Council: SUBJECT: Champlain Street West Overnight Winter Parking BACKGROUND At its May 9, 2011 regular meeting, Common Council resolved "to direct the City Manager to examine the possibility of making Champlain Street West a no parking street during the winter months and report back to Council in 4 weeks time, if not sooner." This report is in response to this resolution. In November 2009 Council adopted 3rd Reading of an Amendment to the Traffic By-Law that prohibited overnight parking on most City streets during the winter. This change assists in achieving snow clearing service objectives adopted by Council within an updated Winter Management Plan for Streets and Sidewalks. The change also followed a period of public consultation, including 5 meetings by staff in the 4 City wards. A list of streets eXempted from this Restriction were included as part of the Amendment. Further Amendments have subsequently been adopted, including shortening the time period when the Restriction is in effect and modifying the list of exempted streets. A balance between residents' requirement for on- street parking and service effectiveness and efficiency has been paramount. In response to a Council request, staff submitted M&C 2010-25 that outlined the criteria used to evaluate requests to consider exemptions to this overnight parking restriction. In addition to engineering judgment, the City's Traffic Engineer completes a site visit to identify if off-street parking is available at the property in question or land is available to convert to off-street parking, if near-by business or institutional properties have excess parking available to share, if near-by street blocks are already exempt for the Restriction, and if near-by residential properties have a similar capacity issue suggesting a systemic problem. Space for one vehicle per residential unit at a property (i.e. three spaces for a 3-unit building) is generally considered sufficient parking demand. These criteria were used in staff's analysis within this report. 237 M & C 2011-135: Champlain Street West Overnight Winter Parking May 31, 2011 Page 2 ANALYSIS Current Status Currently,parking during the overnight and winter period is permitted �' � on the west side of Champlain Street between Maple Row and ��"'' �� "'� �� ' Charlotte Street West because it was previously exempted from the �� ``� >, '°` �� Restriction. This section is highlighted blue on the adjacent map. � � � �°�,��,,`�;,��.o ; This report discusses the potential elimination of this permitted on- z�,�, � street parking. Parking on the east side of the entire length of � � "� Champlain Street is currently not permitted at any time. �° �� .,; °, Other near-by street blocks are also currently exempt from the �� Restriction. These street blocks are highlighted red on the adjacent map. Parking is permitted on alternating sides of these street blocks during this winter and overnight period. Council recently added one of these exempted sections (Winslow Street from Lancaster Street to Watson Street) given residents' concern over lack of on-street parking options. The Restriction is in effect for all street blocks on the map that are not highlighted either red or blue. Temporary parking bans are also an available option within the Traffic By-Law to make any street a "no parking street during the winter" far a short period of time (typically a day) to assist snow clearing activities. This provision is used sparingly because it requires administrative resources and temporary on-street signage for individual blocks but it is an option for exempted blocks of streets that cannot be cleared of snow during the overnight period. Assessment Area Staff identified a one-block boundary around the section of Champlain Street in question. This boundary is defined by the green lines on the above map. As the criteria states and as considered in previous assessments, limiting impacts of on-street parked vehicles is balanced with the need for this type of parking by providing one or more blocks of exempted sections within a boundary of adjacent blocks rather than exempting more blocks. On-street parking to the north of this area is served by other street sections such as those highlighted red. Site Visits The Traffic Engineer completed two site visits in the mid-mornings of May 25, 2011 and May 31, 2011 within the Assessment Area. The second visit was conducted as a result of specific resident feedback. The Overnight Winter Parking Restriction is not in effect this time of year so unfortunately a true observation of the on-street parking demand was not possible. Two vehicles were parked on-street on Champlain Street between Charlotte Street West and Maple Row during the first site visit. Four vehicles were parked on the next section of Champlain Street between Maple Row and Duke Street West. Maple Row also had many on-street parked vehicles lining both sides of the street between Champlain Street and Lancaster Avenue. Underutilized driveway spaces appeared available near many on-street parked vehicles. 238 M & C 2011-135: Champlain Street West Overnight Winter Parking May 31, 2011 Page 3 Nine on-street spaces were determined as being available on the exempted section of Champlain Street (Charlotte Street West to Maple Row). Three less spaces would be available on the adjacent block of Champlain (Maple Row to Duke Street West) if overnight parking was available on this section instead. No streets in the Assessment Area were noted as being ideal for on-street parking. Duke Street West and City Line are higher traffic streets. Maple Row and Champlain Street are narrow. The north-south oriented streets,particularly Maple Row, include steep hills. Community Input Staff sought input from all residents that live within the Assessment Area. A total of 156 residential units were provided witb a hand-delivered survey and covering letter. Ten questions were asked to obtain input on their need for on-street parking, where they parked, specific input on the current on-street option on Champlain Street, suggested alternatives, and opportunity for general comments. Residents were presented with three options to respond including by mail, e- mail of telephone. Previously obtained input from residents was also considered. Thirteen residents provided input. Five of these thirteen residents supported the current exemption on Champlain Street. The residents that indicated they needed on-street parking are concentrated on the section of Champlain Street between Duke Street West and Maple Row and not the currently exempted section between Maple Row and Charlotte Street West. The surveys indicated three on-street spaces are in demand but this number is expected to be realistically higher due to observations during the site visits and the low response to the survey. Responding residents also provided additional valuable information. Eight residents indicated that the presence of the on-street parked vehicles hindered City services such as snow clearing activities and emergency vehicle access with one particularly noting the improvements when the Restriction was started in the 2009-2010 season. Abandoned vehicles (parked on-street in the same place for a continuous 24-hour period) were a concern to five residents. Three residents that live on the exempted block of Champlain Street were concerned about the use of their block for on-street parking by residents of other blocks. Overcrowding and blocking of driveways on the exempted section was noted by one resident. The narrow width of Champlain Street was noted by one resident. Two residents believed responsibility for providing and maintaining adequate parking at multi-unit properties should lie with the property owner and one noted that one such property owner does not allow tenants to use the available driveway. One resident noted that on-street parking was used in the place of available off-street spaces at other properties. CONCLUSIONS Finding a balance between providing on-street parking during the winter to residents that don't have off-street options and reduction in level of service to snow clearing and other City services that also occupy City streets is difficult. The varying community feedback included in this 239 M & C 2011-135: Champlain Street West Overnight Winter Parking May 31, 2011 Page 4 analysis and previous ones is a testament to this. Solution to one concern often must be to the detriment of the other. Limiting the number of street blocks exempted from the Overnight Winter Parking Restriction is one way staff has managed this balance when providing associated recommendations to Common Council. However, citizens that live or travel on the limited blocks that are exempt must accept a decreased level of service. Curb-to-curb snow removal cannot occur with the presence of on-street parked vehicles. The need for continued cooperation with residents and property owners was a consistent message from the responding residents. Following parking rules such as not leaving (abandoning) vehicles for more than 24 hours and not blocking driveways improves service and helps Police and the Parking Commission manage enforcement resources. Maintaining and using available off-street spaces provides more opportunity for those with unavailability and minimizes the number of exempted streets required. The demand for on-street parking in the Assessment Area totaled only three spaces according to the returned surveys. The surveys also suggested the demand is more concentrated in the Maple Row to Duke Street West block of Champlain Street rather than the adjacent block that is currently exempt. Although additional demand is likely, staff can only assess using the communications from residents given that the Restriction is not in place this time of year. It is also important to note that the recently exempted block of Winslow Street from Lancaster Street to Watson Street may divert demand previously satisfied by the nearby Champlain Street. Exempting Champlain Street from Maple Row to Duke Street West appears more beneficial to those requiring on-street spaces than the currently exempted block from Charlotte Street West to Maple Row. There are three fewer on-street spaces on this alternate section but still appears adequate to accommodate the demand communicated via the surveys. RECOMMENDATION Staff recommends that Council amend the Traffic By-Law and request the City Solicitor place in proper form and translate the following: 1. Delete Champlain Street with limits Charlotte Street West to Maple Row from Schedule R(streets exempted from the Overnight Winter Parking Restriction). 2. Add Champlain Street with limits Maple Row to Duke Street West to Schedule R Respectfully submitted, J. M. Paul Groody, P. Eng. J. Patrick Woods, CGA Commissioner City Manager Municipal Operations & Engineering 240 REPORT TO COMMON COUNCIL � M&C 2011 — 131 m. ��s. �; June 1 sr, 2011 �� . His Worship Mayor Ivan Court rne ci�}�of Saint�ohn and Members of Common Council Your Worship and Members of Council, SUB.TECT: GENERAL SPECIFICATIONS-2011 TECHNICAL REVISIONS PURPOSE The purpose of this report is to provide Council with an update on 2011 technical revisions to the City's General Specifications. Of particular interest to many should be the new Division 27, Asphalt Concrete. BACKGROUND The General Specifications provide an inclusive document for stakeholders bidding and/or warking on municipal infrastructure (construction) contracts far the City of Saint John - organized around a series of divisions, as identified below. The first five are incorporated into each set of contract specifications and, along with Division 6, are policies of Council. The remaining divisions form the general technical specifications. These standards are updated on an ongoing basis, as technologies and methods evolve, with the inclusion of specialty clauses for particular engineering projects tendered. 1. PROJECT DESCRIPTION 19. CRACK SEALING ASPHALT PAVEMENTS 2. INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES 2O. RANDOM RIPRAP 3. PARTiCULAR SPECiFiCATiONS 21. RESTORATiON 4. FORM OF TENDER 22. CULVERTS S. FORM OF AGREEMENT 23. PORTLAND CEMENT CONCRETE F. GENERAL ADMINISTRATiON OF CONTRACT 24. ROADWAY CONSTRUCTiON 7. CONSTRUCTION OF MUNICIPAL SERVICES 25. CHAIN LINK FENCING 1 O. WATER SYSTEMS 26. LANDSCAPrrrG 1 1. SEWER SYSTEMS 27. ASPHALT CONCRETE 12. MANHOLES,CATCH BASINS AND VALVE CHAMBERS 28. CHIP SEAL 13. EXCAVATION,TRENCHING AND BACKFILL REQUIREMENTS 29. GABIONS 1 E. ELECTRICAL SYSTEMS 3O. CLAY BRTCK PAVERS 18. EXPANDED ASPHALT STABILIZATION On November 17, 2003 (M&C 2003-310), Council authorized the Chief City Engineer, from time to time, to revise the technical provisions of the General Specifications. 241 General Specitications-2011 Technical Revisions June lsr,2011 M&C 20ll-131 Page 2 ANALYSIS - GENERAL A review process is undertaken annually to maintain engineering specifications for the City of Saint John up-to-date. Coordinated by a staff Specifications Review Committee, Municipal Engineering works closely with the Legal Department, Purchasing, and operational units through a formal review of policy and technical provisions. In addition to staff and consultant input on behalf of the City, stakeholders (contractors, other consultants, etc.) are also encouraged to contribute their comments in writing at any time. Staff has regular dialogue with the Saint John Construction Association and local contractors/suppliers to consider the industry's perspective. Comments and suggestions received are thoroughly reviewed by the Specifzcations Review Committee and, where appropriate, incorporated into the revisions of technical specifications. It is well understood by stakeholders that these revised General Specifications are to be used in conjunction with individual contract construction specifications and recognized authorities governing best practices for municipal engineering. Stakeholders will be soon notified that 2011 General Specifications will be available for download from the City website. The notification will also remind stakeholders that their input is important; encouraging comments and suggestions for future improvements to the document. ANALYSIS —TECHNICAL SECTIONS REVISED A list of the technical sections revised for 2011 is attached to this report. The most notable of these for 20ll is Division 27, Asphalt Concrete; to be covered in greater detail beginning on page 3 of this report. Other divisions where changes have been made are: ■ Division 7 Construction of Municipal Services • Division 10 Water Systems • Division 12 Manholes, Catch Basins and Valve Chambers ■ Division 31 Guide Rail and Guide Posts (new) Also, a new standard drawing was added and 31 others were amended. The changes to these sections, with the exception of Division 31 which is new, involve specific technical details; improvements being made typically come from past construction experience, new methods/materials or ideas/suggestions brought forward. The new Division 31 (Guide Rail and Guide Posts) defines guide rail and guide post standards, construction methods and measurement far payment. 242 General Specitications-2011 Technical Revisions June lsr,2011 M&C 20ll-131 Page 3 ANALYSIS—ASPHALT PAVEMENTS Asphaltic concrete is a miXture of dried aggregates, heated and bound together into a mass by asphalt cement (oil-based binder). The "hot mix" material is placed on streets with a mechanical spreader and compacted by heavy rollers while sufficiently hot. Pavements are typically constructed in two layers (base course and seal) directly over a prepared sub-base or in a single layer over an existing milled surface. Pavements should be relatively durable and flexible, allowing streets to handle traffic loading, weather conditions, extreme temperatures and the contraction-expansion of freeze-thaw cycles. However, pavement materials have a finite life; over time even the best constructed pavements deteriorate with normal usage. The objective is to maximize service life of the street structure, including the asphalt pavement component. Aging (Deterioration) Process The aging or deterioration of asphalt pavements is generally predictable; a chemical process (influenced by a variety of factors) breaks down the "binder" (cement) holding the "mix" components together—causing its structure to become brittle and to lose ability to flex. Although moderate at first, the rate of deterioration accelerates after a number of years of service life—as shown generally in the figure below. TYPICAL PAVEMENT DETERIORATION CURVE GOOD SAT7SFACTORY S'I.00 FOR FAI R R E HABI LI AT10 N HERE POOR SIGNIFICANT DROP VERY POOR IN CONDITION WILL COST 54.00 TO S5.00 HERE SERIOUS SMALL°/,OF PAVEMENT LIFE FAILED TIME Once the asphalt is in place, the focus becomes preservation; tracking condition, regular maintenance (crack-filling, patching and other treatments) and timely resurfacing - to maximize the economic service life of the pavement structure. Without timely maintenance and resurfacing intervention, the pavement structure and, hence, its surface condition transforms relatively quickly from fair to poor, and through to failure. Cost implications also increase significantly as time passes. Even the best maintenance cannot preserve pavements indefinitely; ultimately, replacement is necessary. 243 General Specitications-2011 Technical Revisions June lsr,2011 M&C 20ll-131 Page 4 A Conspir�acy of Deterioration Heavy loading (heavy trucks and transports) causes pavement fatigue and combines with the effects of climate to cause cracking, weathering and raveling (breaking apart of aggregates). The aging process is hastened where there are poor soils, utility cuts and other breaches of the surface, poor drainage and water infiltration. Heat and the ultra-violet rays of the sun accelerate decline. Water that penetrates the surface gets into the base course and undermines its integrity, leading to oxidization of the asphaltic cement binding the pavement materials together. Gasoline and oil spillage also soften and deform asphalt, speeding up its eventual failure. Adding to this "conspiracy of deterioration" are the freeze-thaw cycles of our winters; leading to trapped moisture, freezing, break-up and potholes. Comprehensive Review of Asphalt Specifications A newly constructed (or reconstructed), well paved roadway represents an ideal state for pavements. Rigorous engineering standards, good design and proper construction are all essential to achieving quality. Concern with the general quality of asphalt pavements led staff to initiate, in 2010, a full review of the City's asphalt pavements specifications, specifically Division 27 (Asphalt Concrete) of the General Specifications. One of the country's foremost experts was subsequently engaged to provide experienced technical advice. Areas of focus outlined for the review included the following: ■ Asphalt cement (binder) content ■ Asphalt mix type • Ravelling ■ Methods of joint construction • Asphalting around roadway structures • Quality control (QC) and quality assurance (QA)protocols • Asphalt thickness standards • Updated technologies and procedures Kevin O'Brien, P.Eng., Municipal Engineer, and Rod Mahaney, CET, Asphalt Pavements Coordinator, worked diligently with the consultant John Emery, Ph.D., P.Eng., to produce a comprehensive revision of the City's asphalt specifications. Provincial and other municipal specifications were looked at, and local suppliers (paving companies) and local engineering firms (involved with quality testing) were interviewed. Recommendations from the review process can be summarized as follows: 1. Move to a municipal "Superpave Specification" 2. Design pavements for intended use 244 General Specitications-2011 Technical Revisions June lsr,2011 M&C 20ll-131 Page 5 3. Underground drainage—build curb drains in street structure 4. Establish a standard set of QC and QA reporting forms 5. Strict enforcement of asphalt specifications, including contractor QC plans 6. Consider unshrinkable fill for utility cut reinstatements 7. Consider different grade asphalt binder in some locations; "58-28"to "58-34" 8. Ensure proper and timely maintenance 9. Adequate (additional) funding for asphalt pavements infrastructure Division 27—Asphalt Concrete The most significant change for 2011 in the City's technical specifications is a new Division 27 — Asphalt Concrete. Work over the last several months has produced a new "Superpave" (SUPerior PERforming Asphalt PAVEments) Asphalt Specification. The major benefits of Superpave include: a. More stringent requirements for the selection and testing of the components of the asphalt mix, including the asphalt cement(binder). b. Asphalt Contractor will be required to submit a comprehensive, job-specific Quality Control Plan (QCP) and to adhere to its requirements throughout the contract. The QCP will include information regarding aggregates used, asphalt binder source and properties, properties of the asphalt mix, and certifications for the asphalt plant and the equipment used to transport and place the asphalt. c. Asphalt binder is selected to suit the temperatures anticipated. d. The asphalt mix is specifically designed to handle the types and volume of traffic for the particular street or roadway; replacing the all-purpose mix. A full teach-in on the new standards and procedures has been provided to operational and engineering staff. A "Superpave Specification" will be used for the 2011 asphalt resurfacing program and all construction projects going forward. In applying the new standard and related procedures, however, it remains critically important that all asphalt pavements receive appropriate maintenance, including timely resurfacing. This requires adequate investment in the inventory of asphalt pavements — from year to year, on an ongoing basis. Concerns from Council At the March 28th meeting of Council, concern was expressed about the deteriaration of roads and a review of quality control procedures for asphalt was requested. As indicated above, enhanced QC and QA procedures have been put in place through Division 27. 245 General Specitications-2011 Technical Revisions June lsr,2011 M&C 20ll-131 Page 6 Then, at the May 24th session, Council adopted a resolution for a report and recommendation respecting the inclusion of performance specifications for asphalt life expectancy and associated guarantees in future contract documents. Although the notion of guaranteed life expectancies is an attractive one, the nature of asphalt pavements and the multitude of factars that influence surface condition (and the deterioration process) do not readily lend themselves to such provisions. The following observations are offered: 1) Many factors influence deterioration of asphalt surfaces, making guarantees for resurfacing projects a complex and potentially very costly requirement. 2) The current warranty standard on asphalt work is 12 months; longer periods specified in some jurisdictions are primarily through contracts where the road builder also becomes responsible for maintenance over a defined period. 3) Longer warranty periods would require that contractors maintain bonding for the duration; translating into increased bonding costs for the contractor that would be passed on to the owner (the City) through higher unit costs (per tonne) of asphalt provided. 4) Some reasons why an asphalt surface could deteriorate prematurely are unrelated to the pavement work and, therefore, beyond a contractor's control. 5) With greater risk transferred to the asphalt contractor, the parties to the contract would need appropriate legal and dispute resolution provisions that clearly define the limits of a contractor's responsibility. 6) Our region experiences frequent swings in temperature through the winter months; with repeated freeze-thaw cycles potentially causing substantial distress to asphalt pavements. The practicality of instituting life expectancy guarantees for asphalt pavements needs more extensive analysis. Accordingly, Municipal Engineering will explore, with the City's Legal Department, the viability of establishing such provisions and the conditions under which those might be practical — for the next (2012) round of revisions to the General Specifications. Extending the Service Life of Asphalt Deteriorated asphalt condition can often be attributed to water - within the asphalt layers or trapped beneath. Surface water that enters the pavement through cracks, joints or seams will freeze and expand during cold temperatures. The freezing exerts prying forces within the asphalt structure and between layers potentially causing it to break apart (de- lamination) or to spall off; evident at edges of patches and utility cut reinstatements. Freezing and thawing of water trapped under the base course can also leave pockets of uneven support, leading to break-up by traffic (heavy trucks) and formation of potholes. 246 General Specitications-2011 Technical Revisions June lsr,2011 M&C 20ll-131 Page 7 Preventing water infiltration requires prompt sealing of the cracks which arise. Crack- sealing a newly resurfaced road within a couple of years following resurfacing, or when cracks become evident, is important to maintaining the integrity of the surface layer. Routine inspection of resurfaced roads followed by a comprehensive crack sealing program is a necessary process to extend the service life of the asphalt pavements. Staff believes the new Superpave specification will provide a better asphalt product; one more resistant to shrinkage and wear. Additionally, the contractor's responsibility to provide a comprehensive Quality Control Plan governing material, processes and equipment will contribute to better quality and, therefore, service life. Also essential to asphalt durability are adequate maintenance programs, including resurfacing and micro- surfacing funded through the General Fund Operating Budget. Implementation of the new Division 27 (Asphalt Concrete) specification, with strict adherence to those standards at all levels, is the preferred and recommended approach for improving the quality and service life of asphalt pavements at this time. Need to Investment in Asphalt Pavements Adequate investment in the inventory of asphalt pavements remains essential; maintained quality means good economics over the long term. The failure to fully grasp and act on this reality will lead to poor street conditions, dissatisfied citizens and premature loss of value in tangible public assets. Although short-term fiscal constraints push many cities to defer timely resurfacing and necessary renewal (reconstruction) of asphalt pavements, the lack of commitment to sustainability of infrastructure will eventually lead to premature deterioration and add to a growing "pavements deficit". When the "need far resurfacing" becomes a "need for reconstruction", cost implications increase substantially. It is more economical over the long-term to invest in and look after infrastructure (streets) on an ongoing basis - spreading out costs over time to all who benefit from the heavily used network of streets. The real challenge comes annually at budget time; to make the essential policy and financial commitments to good quality asphalt pavements. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J.M. Paul Groody, P. Eng. J. Patrick Woods, CGA Chief City Engineer City Manager 247 ��, ,�,,,,,.,,:`a. ''��l� MUNICIPAL OPERATIONS &ENGINEERING CITY OF SAINT JOHN GENERAL SPECIFICATIONS — LIST OF 2011 REVISED SECTIONS SECTION TITLE 7.2 Setting Out of the Works 10.4.13 Fire Hydrants 10.5.02 Connections 10.5.09 Thrust Blocks and Restrainers 10.5.17 Pressure and Leakage Tests 10.5.18 Flushing and Disinfection of Watermains 10.5.25 Installation or Tracer Wire 12.4.01 Precast Concrete Sections 12.5.03 Height Adjustments 27 (New) Asphalt Concrete 31 (New) Guide Rail and Guide Posts STANDARD DRAWINGS SO45-100 Hydrant Installation SO45-102 Valve Chamber Detail (Gate Valve) SO45-103 Valve Chamber Detail (Butterfly Valve) SO45-105 Horizontal Thrust Blocks SO45-107 Air Valve Chamber Detail (Standard Frame and Cover) SO45-118 Chlorination & Flushing Details SO45-200 Trench Layout SO45-203 Standard Manhole Sections SO45-205 Typical Tee-Base Manhole—Large Diameter Pipe SO45-206 Interior Drop Manhole Detail SO45-207B Adjustable Manhole Frame &Cover Installation SO45-208 Typical Catch Basins SO45-211 Standard Service Connections SO45-212 Service Connections Into Sewers SO45-213 Sewer Service Inspection Chamber SO45-216 Grade Ring and/or Adaptor Ring for Transition From Existing Concrete Cone Section to Adjustable Manhole Frame and Cover SO45-218 Swale and Underdrain Details SO45-300 Typical Cross Section Local Street SO45-301 Typical Cross Section Collector Street SO45-302 Typical Cross Section 4 Lane Collector Street SO45-303 Typical Cross Section 5 Lane Arterial Street SO45-304 Typical Cross Section — Rural Road SO45-307 Utility Restoration Asphalt Concrete "T" Patch SO45-308 Street Restorations of Excavations Containing Structural Geogrid SO45-309 Typical Section —Concrete Curb and Sidewalk with Grass Median SO45-315 Typical Access Ramps With Medians Less Than 2m SO45-315A (New) Typical Access Ramps With Medians Greater Than 2m SO45-320 Underground Conduit Trench Detail —Asphalt Road SO45-323 Typical Guide Rail SO45-328A Culvert Inlet Grate SO45-328B Culvert Outlet Grate SO45-332 Sign Post Details June 2011 Page 1 of 1 248 REPORT TO COMMON COUNCIL � M&C 2011- 128 �r? l m. �o, / ',�i��, May 27, 2011 � ' `�o=. His Worship Mayor Ivan Court Tn.c�«�or s.��„�►on�, And Members of Common Council Your Worship and Members of Council, SUBJECT: "2 Bags or Less" Voluntary Pilot Project The purpose of this letter is to apprise Council of a Solid Waste Management Service waste diversion initiative beginning in June 2011. BACKGROUND A modern solid waste service involves much more than simply collecting and disposing of garbage. Society has come to better understand that solid waste management should minimize waste generation (and related costs) and seek more efficient use of resources. The service must work with citizens and neighbourhoods towards high standards of liveability; and be ever diligent in protecting against environmental degradation and urban blight. Attending to our needs today, as well as of future generations, means understanding wide-ranging environmental, economic and socio-cultural considerations; and applying sustainability principles in delivery of this core municipal service. Since 2007, data has been generated to demonstrate trends towards refuse, compost and recycling collection; Year Compost Compost Refuse Refuse Recycling Recycling (tonnes) (%) (tonnes) (%) (tonnes) (%) 2007 2779 17.9 10725 68.9 2062 13.2 2008 2775 18.4 9860 65.5 2422 16.1 2009 3403 18.6 11774 64.4 3095 16.9 2010 3359 19.0 12152 68.6 2207 12.5 Table 1:Solid Waste Management Service disposal trends from 2007 to 2010 As noted in Table 1, refuse tonnage was highest in 2010 while recycling tonnage increased steadily for 3 years and then decreased in 2010. In 2008 and 2009, recycling and compost tonnage was higher and there was an associated decrease in the % refuse disposed. The overall percentage of compost diverted has increased each year. This demonstrates that waste diversion efforts can make a difference in this community. There SUSTAINA�ILITY � QLIALITY � COMMUNITY DILIG�.NCE 249 are currently 22,190 household units that receive the solid waste collection service. Keeping in mind that there are an estimated 100 new homes projected to built each year in Saint John, the overall population has not increased significantly to justify the increased waste being disposed at the landfill. Relatively, the same amounts of people in Saint John are increasing their overall waste generation. That is simply not sustainable. SUMMARY The City of Saint John is working in partnership with Fundy Region Solid Waste Commission (FRSWC) to develop and implement a "2 Bags or Less" voluntary pilot project. The Town of Hampton successfully participated in this type of project in 2010. This pilot project is scheduled June 9 — August 18 for the Douglas Avenue route (identified on city website as Schedule E — Week 1-3). This route has been selected due to: City bi-weekly collection, household mix and a high percentage of refuse compared to compost. There are approximately 460 eligible residences. Although voluntary, all residences will receive red bag quantities and monitoring will note actual participation to see if the participants can decrease their refuse disposal level to 2 bags or less per week (4 red bags per collection cycle). Participants will complete a survey to understand attitudes and behaviours towards reducing refuse disposal. Baseline refuse and compost disposal levels have been obtained and each household in the test group is given a kit that contains 20 red garbage bags, 40 compostable bags, a recycling tote bag, compost/recycling list and an information flyer (see attached). Residents are requested to use the red bags each week and place out 4 red bags per collection. This is a voluntary program where no limits are enforced where a household can put out 2 red bags per week and any additional refuse in the black bags will also be collected. This project is aimed at increasing awareness and waste diversion in the community. Funding for this initiative (staff, printing/advertising, kits) has been received from the Environmental Trust Fund by FRSWC with minimal staff administrative costs to the City. FRSWC have summer students monitoring and creating a report upon the 10 week program completion. The `2 Bags or less' pilot project in 2011 will be reviewed to see what impact this project could have on Service Objectives in coming years. - , * '�` !I ,I�II JY71 ; �� . .�,`:/ � y �� r �'�� - ~� _- - � -�i :� ,�} =-- �' � ' �` - - . ,�:;:::�.��:� '�. ., . � -_,.��,��. - . . . � F .,��.:. .�.. - .� - . :� �1��;a,:. �-•��-._. :>��~°�.. 2010 Pictures courtesy of FRSWC "2 Bags or Less"Project SUSTAINA�ILITY � Q�.IALITY � COMMUNITY DILIGE.NC�. 250 In a related City — FRSWC partnership, FRSWC will distribute recycling and compost information to the Silver Falls route (Schedule B Week 1-5) and the 447 eligible households as an ongoing recycling and composting educational program. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager SUSTAINA�ILITY � Q�.IALITY � COMMUNITY DILIGE.NC�. 251 �� V �� .1 �� LYI � � � V � � 1,�- 1 � _...� �, �, :o. t �' �' -�1 �_ 4 A May 25, 2011 The City of Saint john His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: Re: Fallsview Park Proposed Amendment to the Peddlers and Hawkers By-Law It was brought to my attention that the Traffic Unit of the Saint John Police Force has received a number of complaints, regarding reduced travel area as well as reduced parking at Fallsview Park as a result of peddlers. There is an obvious safety concern for both traffic and pedestrians in the Park caused by the presence of peddlers. There is also the added problem related to the tour buses which are unable to turn, maneuver and park safely within Fallsview Park when the peddlers are in the area. The Police confirmed that the peddlers in the Park are selling trinkets and souvenirs from their vehicles without a license. The Peddlers and Hawkers By-Law provides at section 3 that "no person shall engage in the business of a peddler or hawker within the boundaries of the City unless he is in a possession of a valid license which has been issued to him under the By-Law". Subsection 14(4) of the By-Law provides that no person shall peddle or hawk at any of the places or during any of the times set forth in Appendix "E". Appendix "E" lists the public parks (Mispec Park, Dominion Park, Shamrock Park, Rockwood Park, Forest Hills Park, etc.). With the help of the Legal Department, it was determined that when the Peddlers and Hawkers By- Law was originally enacted, the City had not yet acquired (expropriated) Fallsview Park. This likely explains why Fallsview Park is not on the list of public parks where hawking and peddling is prohibited. By adding Fallsview Park to the list of public parks already listed at Schedule "E" of the By- Law, the City would prevent hawkers and peddlers from operating within Fallsview Park. That being said, the City would not be preventing vendors from selling their goods. The vendors �� 252 Page 2 always have the option of obtaining a license to sell at Loyalist Plaza or even within the City Market. The attached amendment to the Peddlers and Hawkers By-Law will result in adding Fallsview Park to Schedule "E" of the By-Law, thereby preventing hawking and peddling within the Park. It was prepared by the City Solicitor's Office. RECOMMENDATION: That the City give first and second reading to the amendment to the Peddlers and Hawkers By- Law which will result in prohibiting hawking and peddling within Fallsview Park. Respectfully submitted, .'�� . atrick Woods, CGA Ci Manager 253 A BY-LAW TO AMEND A BY-LAW ARRETE MODIFIANT L'ARI2ETE RESPECTING THE LICENSING OF REGLEMENTANT LA DELNRANCE PEDDLERS AND HAWKERS BY- DE PERMIS AUX COLPORTEURS LAW DANS THE CITY OF SAINT JOHN Be it enacted by the Common Lors d'une reunion du conseil Council of The City of Saint John in communal, The City of Saint John a Common Council as follows: decrete ce qui suit : A By-law of The City of Saint L'arrete reglementant la delivrance John entitled "A By-law Respecting the de permis aux colporteurs dans The City of Licensing of Peddlers and Hawkers in the Saint John, decrete le 5 juillet, 2004, est City of Saint John" enacted on the 5`�' day modifie comme suit : of July, 2004, is hereby amended as follows: 1 Appendix E — "No Peddling or 1 L'Appendice E — «Aucun Hawking" — is amended by adding colportage» - est modifie par the following words under the 1'adjonction des mots suivants sous following headings: les titres suivants : Place Time Endroit Heure Fallsview Park Anytime Parc Fallsview en tout temps IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed present arrete le 2011, to this by-law the day of avec les signatures suivantes : ,A.D. 2011 and signed by: MayorlMaire Common Clerk/Greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 254