2014-07-21_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Monday, July 21, 2014
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser 1'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658 -2862.
1. Call to Order - Prayer
2. Approval of Minutes
2.1 Minutes of July 7, 2014
3. Approval of Agenda
4. Disclosures of Conflict of Interest
Pages
an
5. Consent Agenda
5.1 Highway Usage Permit - Transfield Dexter Gateway Services (Recommendation 9-52
in Report)
5.2 M. Maher Letter re Intersection of Westmorland and Loch Lomond Road 53-54
(Recommendation: Refer to City Manager)
5.3 Saint John Trade and Convention Centre- Approval of 2013 Audited Financial 55-61
Statements (Recommendation in Report)
5.4 Initiate Stop -Up and Close Portion of Spruce Avenue (Recommendation in 62-64
Report)
5.5 Tenders for Sodium Hypochlorite NaOCI (Recommendation in Report) 65-67
5.6 Regent Street On- Street Parking (Recommendation in Report) 68-77
5.7 Creighton Avenue On- Street Parking (Recommendation in Report) 78-85
1 Powered 6y: �`F►lL7 e
5.8
Champlain Drive On- Street Parking (Recommendation in Report)
86-91
5.9
2014 Truck Replacement MC Phase II (Recommendation in Report)
92-94
5.10
Sculpture Saint John- Community Partner Agreement (Recommendation in
95-99
Report)
5.11
Saint John Parking Commission- Appointment of Jonathan Metcalf
100-100
(Recommendation in Report)
5.12
Milford- Randolph =- Greendale (MRG)- Sanitary Lift Station X Replacement
101 -103
(Recommendation in Report)
5.13
Letter from Canada Day Committee re Canada Day Celebrations
104-106
(Recommendation: Receive for Information)
6. Members Comments
7. Proclamation
8. Delegations / Presentations
9. Public Hearings - 6:30 p.m.
10. Consideration of By -laws
11. Submissions by Council Members
11.1 Saint John Branded Merchandise (Councillor Strowbridge) 107-110
11.2 Seperation of Storm Water from Sewer System (Councillor Reardon) - Tabled 111 - 111
on July 7
11.3 Letter of Thanks to Irving Companies (Councillor Farren)- Tabled on July 7 112 - 112
11.4 Honourary Street Sign (Councillor Reardon)- Tabled on July 7 113 - 114
11.5 Conditional Use Parking Lots (Councillor Reardon) 115 - 115
12. Business Matters - Municipal Officers
12.1 Greendale Crescent and Brookview Crescent On- Street Parking 116 - 119
12.1.1 Amendment to the Traffic By -Law 120-122
12.2 Drilling of Production Scale Test Wells - South Bay 123-125
12.3 Demolition of the Vacant, Dilapidated and Structually Unsound Building at 126-145
1605 Granview Avenue (PID #334417)
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
16.1 Tender for Boiler Replacement - Canada Games Aquatic Center (CGAC)
17. Committee of the Whole
17.1 Recommended Appointments to Committees
17.2 Request for Qualifications - Safe, Clean Drinking Water Project
17.3 2011 -2014 Local 771 Collective Agreement
17.4 A By -Law Respecting Plumbing in The City of Saint John (1st and 2nd
Reading)
18. Adjournment
3
146-147
�.s 9 M IMM
149-217
218-218
219-227
City of Saint John
Common Council Meeting
Monday July 21, 2014
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez
contacter le bureau du greffier communal au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m. 8t" Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Financial Matter 10.2(4)(c)
1.3 Financial Matter 10.2(4)(c)
1.4 Labour Matter 10.2(4)0)
1.5 Landfill Diversion Committee (Councillor Merrithew)
1.6 Letter of Support for Residents of the Sandy Point Beach Road (Councillor
MacKenzie)
1.7 Land Matter 10.2(4)(d)
The City of Saint John
Seance du conseil communal
Lundi 21 juillet 2014
18 h Salle du conseil
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une r6union du Conseil
communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862.
Chacun des points suivants, en totalite ou en partie, peut faire l'objet d'une discussion en
priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le
conseil / comite prendra une ou des decisions a cet 6gard au cours de la seance publique
16 h 30 — Salle de conference, 8e etage, h6tel de ville
1.1 Approbation du proc6s- verbal — alinea 10.2(4)b)
1.2 Question financiere — alinea 10.2(4)c)
1.3 Question financiere — alinea 10.2(4)c)
1.4 Question relative au personnel — alinea 10.2(4)j)
1.5 Comite d'elimination des d6chets (conseiller Merrithew)
1.6 Lettre de soutien aux r6sidents du chemin Sandy Point
(conseiller Mackenzie)
1.7 Question relative aux biens -fonds — alinea 10.2(4)d)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
2. Approbation du proces- verbal
2.1 Proces- verbal du 7 juillet 2014
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Convention relative au permis d'utilisation de 1'autoroute — Transfield
Dexter Gateway Services (recommandation figurant au rapport)
5.2 Lettre de M. Maher concernant l'intersection des chemins Westmorland et
Loch Lomond (recommandation : transmettre au directeur general)
5.3 Saint John Trade and Convention Centre — Approbation des kats
financiers verifies de 2013 (recommandation figurant au rapport)
5.4 136but de fermeture et de barrage d'un tronron de l'avenue Spruce
(recommandation figurant au rapport)
5.5 Soumissions relatives a 1'hypochlorite de sodium NaOCI (recommandation
figurant au rapport)
5.6 Stationnement sur rue, rue Regent (recommandation figurant au rapport)
5.7 Stationnement sur rue, avenue Creighton (recommandation figurant au
rapport)
5.8 Stationnement sur rue, promenade Champlain (recommandation figurant
au rapport)
5.9 Remplacement des camions en 2014, MC, Phase II (recommandation
figurant au rapport)
5.10 Sculpture Saint John — Entente entre les partenaires communautaires
(recommandation figurant au rapport)
5.11 Commission sur le stationnement de Saint John — Nomination de
Jonathan Metcalf
5.12 Milford — Randolph — Greendale (MRG) — Remplacement de la station de
rel&ement des eaux us6es « X » ( recommandation figurant au rapport)
5.13 Lettre du comfit& d'organisation de la fete du Canada concernant les
c&16brations de la fete du Canada (recommandation : accepter a titre
informatif)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. D616gations et pr6sentations
9. Audiences publiques
10. Etude des arretes municipaux
11. Interventions des membres du conseil
11.1 Marchandise de la marque de The City of Saint John
(conseiller Strowbridge)
11.2 S6paration des eaux pluviales du r6seau d'6gouts (conseillere Reardon)
(point report6 lors de la s6ance du 7 juillet 2014)
11.3 Lettre de remerciement aux entreprises Irving (conseiller Farren) (point
report6 lors de la s6ance du 7 juillet 2014)
11.4 Plaques de rue honorifiques (conseillere Reardon) (point report6 lors de la
s6ance du 7 juillet 2014)
11.5 Usage conditionnel des pares de stationnement (conseillere Reardon)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Stationnement sur rue, croissants Greendale et Brookview
12. 1.1 Modification de 1'ArrW relatif a la circulation
12.2 Forage d'exploration, test a Nchelle de la production — South Bay
12.3 Destruction du batiment vacant, d6labr6 et peu solide situ6 au 1605,
avenue Grandview (NID 334417)
13. Rapports d6pos6s par les comit6s
13.1 Commission de services r6gionaux de Fundy — Rapport annuel et 6tats
financiers pour 1'exercice financier termin6 le 31 d6cembre 2013
13. 1.1 Rapport annuel de 2013
13.1.2 Etats financiers en date du 31 d6cembre 2013
13.2 Service de police de Saint John — Budget de fonctionnement de 2013 —
Bilan de 1'exercice financier
14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil
15. Correspondance g6n6rale
16. Ordre du jour suppl6mentaire
16.1 Soumission relative au remplacement du chauffe -eau — Centre aquatique
des Jeux du Canada
17. Comit6 pl6nier
17.1 Recommandations de nominations pour si&ger aux comit&s
17.2 Demande de qualifications — Projet Eau potable saine et propre
17.3 Convention collective de la section locale 7712011-2014
17.4 Arret6 concernant la plomberie dans The City of Saint John (premiere et
deuxieme lectures)
18. Levee de la seance
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COMMON COUNCIL /CONSEIL COMMUNAL
JULY 7, 2014/LE 7 JUILLET 2014
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — JULY 7, 2014 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Merrithew, Norton, Reardon and
Strowbridge
Regrets: Councillors Reardon, Farren
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; W. Edwards,
Commissioner of Transportation and Environment Services;
Jacqueline Hamilton, Commissioner Growth and Community
Development; Amy Poffenroth, Deputy Commissioner Growth
and Community Development; K. Clifford, Fire Chief; J. Taylor,
Common Clerk; P. Anglin, Deputy Common Clerk.
1. Call To Order — Prayer
Mayor Norton called the meeting to order and Father David Fulton offered the opening
prayer.
2. Approval of Minutes
2.1 Minutes of June 23, 2104
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the minutes of the meeting of
Common Council, held on June 23, 2014, be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the agenda of this meeting be
approved with the addition of 16.1 Emera New Brunswick Field at Shamrock Park —
Recommendation for Award of Contract, 16.2 2014 Fleet Replacements - Tender
Awards - Phase I, 17.1 Appointment Deputy Common Clerk; 17.2 Designation Deputy
Building Inspector, 17.3 Appointments to Committees.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
Deputy Rinehart declared a conflict with item 15.1 We Are Passengers — Request to
Present.
5. Consent Agenda
5.1 That the submitted report M &C 2014 -108: Financial Incentives for Development
in Saint John be received for information.
5.2 That as recommended by the City Manager in the submitted report M &C 2014-
114: Engineering Services - Hayes Avenue - Watermain Extension the proposal from
CBCL Limited for engineering services for the Hayes Avenue - Watermain Extension,
Project No. 2014 -091 SO4P (the "Project "), be accepted as follows:
a) Detailed design and construction cost estimates are to be completed by CBCL
Limited under the 2014 Capital Program, at a cost of $56,189.25, all applicable taxes
included;
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b) Subject to Common Council's approval that the funding for the construction
component of the Project will be included in the 2015 Water & Sewerage Utility Fund
Capital Program, the remainder of the engineering services work for the Project is to be
carried out by CBCL Limited after Common Council approval of the 2015 Capital
Programs at a cost of $122,120.23, all applicable taxes included; and
c) That the Mayor and Common Clerk be authorized to execute the Consulting
Engineering Agreement.
5.3 That the report 2013 Tourism Industry Performance Update be received for
information.
5.4 That the letter from Safe Holdings Inc. regarding Fire Escapes be referred to the
City Manager.
5.5 That as recommended by the City Manager in the submitted report License to
Use City Property Adjacent to 180 Union Street, Common Council approve the text of
the License between the City of Saint John as Licensor, Barristers Lounge Inc. as
Licensee, and the Saint John Parking Commission respecting a portion of the land
identified by PID 55099824, located adjacent and to the west of civic number 180 Union
Street, which License is attached to the correspondence in this matter dated the 30th day
of June 2014, from the City manager to Common Council, and that the Mayor and
Common Clerk be authorized to execute the said License.
5.6 That the letter from United Empire Loyalists' Association of Canada NB Branch
regarding the Loyalist Man be received for information.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
8. Delegations /Presentations
10. Consideration of By -laws
11. Submissions by Council Members
11.1 Campground at Mispec Park (Councillor Strowbridge)
On motion of Councillor Strowbridge
Seconded by Councillor Merrithew
RESOLVED that the suggestion to open a
campground at Mispec Park be referred to the City Manager.
Question being taken, the motion was carried with Deputy Mayor Rinehart
voting nay.
11.2 Letter of Thanks to Irving Companies (Councillor Farren)
11.3 Honourary Street Signs (Councillor Reardon)
11.4 Separation of Storm Water from Sewer System (Councillor Reardon)
On motion of Deputy Mayor Rinehart
Seconded by Councillor Norton
RESOLVED that items 11.2, 11.3 and 11.4 be
tabled to the next meeting of Common Council.
Question being taken, the motion was carried.
12. Business Matters - Municipal Officers
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12.1 Provincially Designated Highways Proposed 5 Year Capital Program - 2015-
2019
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -116: Provincially Designated Highways
Proposed 5 Year Capital Program - 2015- 2019 Council:
1. Adopt the submitted Provincially Designated Highways Five -Year Capital
Improvements Program for the years 2015 -2019;
2. Authorize the Mayor to submit the proposed Provincially Designated Highways Five
Year Capital Improvements Program for the years 2015 -2019 to the Minister with copies
to the Director of Design and the District Engineer for the New Brunswick Department of
Transportation.
Question being taken, the motion was carried.
12.2 Asphalt Resurfacing - 2014 Phase II
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014- 113: Asphalt Resurfacing - 2014 Phase 11,
1. Contract No. 2014 -13: Asphalt Resurfacing - 2014 Phase II, be awarded to the low
tenderer, Classic Construction (2012) Ltd, at the tendered price of $1,621,918.21
(including HST) as calculated based upon estimated quantities; and
2. That the Mayor and Common Clerk be authorized to execute the necessary contract
documents.
Question being taken, the motion was carried.
12.3 2013 -8 - Honeysuckle- Sherbrooke Drainage Basin Storm Sewer
Improvements Phase 2
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -122: Honeysuckle- Sherbrooke Drainage
Basin Storm Sewer Improvements Phase 2 Contract No. 2013 -8: -
Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements Phase 2 be
awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of
$2,239,024.94 (including HST) as calculated based upon estimated quantities, and
further that the Mayor and Common Clerk be authorized to execute the necessary
contract documents.
Question being taken, the motion was carried.
12.4 Golden Mile Corridor Study Fairville Boulevard
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -115: The Golden Mile Corridor Study
Fairville Boulevard Common Council receive and file the attached Golden
Mile Corridor Study and endorse the recommendations for implementation as
described in the Executive Summary of the report.
Question being taken, the motion was carried.
12.5 Signage Regulation
On motion of Councillor McAlary
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COMMON COUNCIL /CONSEIL COMMUNAL
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Seconded by Deputy Mayor Rinehart
RESOLVED that the report M &C 2014 -105:
Signage Regulation be received for information.
Question being taken, the motion was carried.
12.6 ZoneSJ Formal Adoption Process
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the matter be lifted from the table.
Question being taken the motion was carried.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -91: ZoneSJ Formal Adoption Process
Common Council:
1. Give notice of its intention to consider the proposed Zoning By -law and related
amendments to the Municipal Plan at a Public Hearing to be held in the Council
Chamber on Monday, September 8, 2014 at 6:30 p.m. (and continuing, if required, in the
Council Chamber on Tuesday, September 9, 2014 at 6:30 p.m.);
2. Refer to proposed Zoning By -law and related amendments to the Municipal Plan to
the Planning Advisory Committee for a report and recommendation.
Question being taken, the motion was carried, with Councillor Merrithew
voting nay.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
(Deputy Mayor Rinehart withdrew from the meeting.)
15.1 We Are Passengers - Request to Present
On motion of Councillor Merrithew
Seconded by Councillor Norton
RESOLVED that the correspondence from We are
Passengers dated June 18, 2014 be received for information.
Question being taken, the motion was carried.
(Deputy Mayor Rinehart re- entered the meeting.)
9. Public Hearings 6:30 P.M.
9.1 Presentation to Common Council - 14 McLaughlin Crescent - Section 39
Amendment
Staff from Growth and Community Development presented their recommendation
respecting the section 39 amendment at 14 McLaughlin Crescent.
9.1.1 Proposed Section 39 Amendment - 14 McLaughlin Crescent
9.1.2 Planning Advisory Committee Report Recommending Amendment
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed Section 39 Amendment amending the Section 39 conditions imposed on
the February 2, 2009 rezoning of the property located at 14 McLaughlin Crescent, also
identified as PID No. 00322214, as amended on July 30, 2012, to permit the Luxor
Shriners of New Brunswick to establish their business offices, board rooms and medical
examination rooms within the existing building.
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Consideration was also given to a report from the Planning Advisory Committee at its
June 17, 2014 meeting at which the Committee recommended the amendment of the
existing Section 39 conditions.
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 Hodges Hamm and the Shriners presenting.
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that Common Council amend the
Section 39 conditions imposed on the February 2, 2009 rezoning of the property located
at 14 McLaughlin Crescent, also identified as PID Number 00322214, as amended on
July 30, 2012 as follows:
(a) That the use of the site be restricted to a business office only for
physiotherapy, massage therapy, athletic therapy and other health- and wellness -
related professional services; a business office for a charitable organization,
subject to the condition that no banquets, fundraisers or social events are to be
held on the premises; a business office with a maximum floor area of 185 square
metres; a bakery goods shop; a barber shop or beauty salon; a dwelling unit,
subject to the condition that the number of dwelling units permitted in a building
shall not exceed the maximum number of dwelling units permitted on a lot of the
same area in the more restrictive adjoining zone on any street on which the lot
abuts; a personal service shop; and a photographer's studio within the existing
building.
Question being taken, the motion was carried.
16. Supplemental Agenda
16.1 Emera New Brunswick Field at Shamrock Park — Recommendation for
Award of Contract
On motion of Councillor McAlary
Seconded by Councillor Lowe
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -117: Emera New Brunswick Field at
Shamrock Park — Recommendation for Award of Contract, Contract 2014-Q851 01T
Emera New Brunswick Field at Shamrock Park be awarded to the low tenderer Gulf
Operators Ltd. at a tender price of $1,878,638.56 including HST and further, that the
Mayor and Common Council be authorized to execute the necessary contract
documents.
Question being taken, the motion was carried.
16.2 2014 Fleet Replacements - Tender Awards - Phase I
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014- 118: 2014 Fleet Replacements - Tender
Awards - Phase / Common Council award the tenders as follows:
1) Two (2) ice resurfacers at a total cost of $166,650.00 plus HST to Saunders
Equipment Ltd.;
2) Eight (8) half -ton four - wheel -drive extended cab pickup trucks at a total cost of
$214,695.42 plus HST to Downey Ford Sales Ltd.;
3) One (1) half -ton four - wheel -drive regular cab pickup truck at a total cost of $25,878.99
plus HST to Downey Ford Sales Ltd.;
4) Two (2) one -ton four -wheel drive regular cab pickup trucks at a total cost of
$111,568.00 plus HST to Downey Ford Sales Ltd.;
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5) One (1) half -ton four - wheel -drive crew cab pickup truck at a total cost of $39,934.00
plus HST to Downey Ford Sales Ltd.;
6) One (1) loader- mounted snowblower attachment at a total cost of $101,033.00 plus
HST to Saunders Equipment Ltd.; and
7) One (1) single -axle plow /dump truck at a total cost of $219,408.54 plus HST to
Applied Pressure Inc.
Question being taken, the motion was carried.
17. Committee of the Whole
17.1 Appointment Deputy Common Clerk
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the
Committee of the Whole having met on July 7th 2014, that effective July 7th 2014,
Common Council appoint Patricia Anglin as Assistant Common Clerk pursuant to
Section 74(3) of the Municipalities Act at Group 5 Step C of the 2014 Management
Salary Grid.
Question being taken, the motion was carried.
17.2 Designation Deputy Building Inspector
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the
Committee of the Whole, having met on July 7, 2014, Common Council approves the
following:
BE IT RESOLVED that for the period between July 11th 2014 and August 29th, 2014,
inclusive, that Pamela Bentley, P.Eng. is hereby appointed by Common Council
pursuant to subsection 4(2) of By -Law Number C.P. 101 - A By -Law Respecting the
Construction, Repair and Demolition of Buildings and Structures in the City of
Saint John to serve as Acting Building Inspector for The City of Saint John in the
absence of or the disability of both the Building Inspector and the Deputy Building
Inspector; and
BE IT FURTHER RESOLVED that effective August 29th, 2014, which is the retirement
date of the incumbent Deputy Building Inspector, David Crawford, P.Eng., that Pamela
Bentley, P.Eng. is hereby appointed by Common Council pursuant to subsection 4(1) of
By -Law Number C.P. 101 - A By -Law Respecting the Construction, Repair and
Demolition of Buildings and Structures in the City of Saint John to serve as the
Deputy Building Inspector for The City of Saint John with such designation and
authorization continuing until Pamela Bentley, P.Eng. ceases to be an employee of the
Growth and Community Development Services Department of The City of Saint John or
until it is rescinded by Common Council, whatever comes first; and
BE IT FURTHER RESOLVED that effective August 29th, 2014, Common Council's
resolution of January 13th, 1997 appointing David Crawford, P.Eng, as the Deputy
Building Inspector for The City of Saint John is hereby rescinded; and
BE IT FURTHER RESOLVED that effective August 29th, 2014, Common Council's
resolution of May 10th, 2010, authorizing Pamela Bentley, P.Eng. pursuant to subsection
8(4) of By -Law Number C.P. 101 - A By -Law Respecting the Construction, Repair
and Demolition of Buildings and Structures in the City of Saint John to issue
building permits for the construction or renovation of single family dwellings and of a
single storey accessory building serving a single family dwelling provided that those
accessory buildings can be entirely evaluated using Part 9 of the National Building
Code of Canada, is hereby rescinded.
Question being taken, the motion was carried.
17.3 Appointments to Committees
On motion of Deputy Mayor Rinehart
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Seconded by Councillor Norton
RESOLVED that as recommended by the Committee of the
Whole having met on July 7th, 2014 that Common Council approve the following
appointments and termination:
Canada Games Foundation: To appoint David Roberts for a three year term from July
7, 2014 to July 7, 2017; and to appoint Debbie Cyr for a three year term from July 7m
2014 to July 7, 2017.
Harbour Station Commission: To appoint Edward Keyes for a three year term from
July 18, 2014 to July 18, 2017 and Councillor McAlary for a term commencing on July
29, 2014 until the end of her current term on Common Council.
Heritage Development Board: To re- appoint Patrick McCaffrey for a three year term
from July 7, 2014 to July 7, 2017.
Saint John Community Arts Board: To appoint Sandra Kent and Carolyn Radcliffe
each for a three year term from July 7, 2014 to July 7, 2017; and further, notwithstanding
the policy adopted by Common Council on October 29th, 2012 regarding appointments to
Agencies, Boards and Commission, to appoint Dr. Joanna Everitt for a three year term
from July 7, 2014 to July 7, 2017.
Saint John Free Public Library: To appoint Norma Kitchen for a three year term from
July 7, 2014 to July 7, 2017.
Saint John Industrial Parks: To appoint William Ryan for a three year term from July 7,
2014 to July 7, 2017.
Trade and Convention Oversight Committee: To remove Eric Savoie from this
committee effective July 7, 2014.
Saint John Parking Commission and Saint John Transit Commission: To appoint
Eric Savoie for a three year term from July 7, 2014 to July 7, 2017.
Question being taken, the motion was carried.
18. Adjournment
The Mayor declared the meeting adjourned 6:57p.m.
Mayor / maire
Common Clerk / greffier communal
n.
REPORT TO %'---'10MMON COUNCIL
M & C 2014 -122
July 11, 2014
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: HIGHWAY USAGE PERMIT (HUP)
TRANSFIELD DEXTER GATEWAY SERVICES LIMITED
ROUTE I
BACKGROUND
ch
T tie City of Sant Jahn
As part of Contract 2013 -21 North End 900 mm Diameter Water Transmission Main Chamber
Rehabilitation — Forest Street to Reversing Falls Area Project, the City will be decommissioning
the existing valve chamber and reinstating associated pipe infrastructure on the 900 mm diameter
water transmission main, located adjacent to Route 1 Westbound lanes, near the off ramp of exit
123.
The administration and control of Route 1 has been delegated by New Brunswick Highway
Corporation (NBHC) to Route 1 Gateway Project Company (RIG Project Co.) Ltd. and sub -
delegated to Transfield Dexter Gateway Services Limited (Operator).
A Highway Usage Permit (HUP) is required for infrastructure constructed within the limits of
Route 1.
The agreement is not unlike a railway crossing licence or an agreement to cross natural gas
pipelines in that a permit holder, the City, is required to commit to a standard set of terms and
conditions in return for the privilege of placing its infrastructure below Route 1.
The HUP attached to this M &C is substantially the same as previous permits with NBHC in
respect to its terms and conditions. The requirement for a security deposit and the fees are set by
Regulation 2009 -506 under the New Brunswick Highway Corporation Act. There is no security
deposit requirement in this case, and the annual fee is $2,500.00.
9
M & C 2014 -122
July 11, 2014
Page 2
PURPOSE
The purpose of this report is to present the agreement to Council for its consideration.
INPUT FROM OTHERS
The City Solicitor's Office has reviewed the agreement bets een New Brunswick Highway
Corporation and R1G Project Co. together with the Order in Council 2010 -145 authorizing such
agreement. As well, the City Solicitor's Office has reviewed the HUP with input from the City's
Insurance Co- ordinator.
RECOMMENDATION
It is recommended that the City of Saint John enter into "Highway Usage Permit (HUP) 2013-
003 with Transfield Dexter Gateway Services Limited, in the form as attached to this M &C No.
2014 -122, and that the Mayor and Common Clerk be authorized to execute the said HUP
Respectfully submitted, AD
J 1 Landers, P. Eng.
Municipal Engineer
Wm. Edwards, P. Eng.
Commissioner
Transportation & Environment
i
L� "Brian Keenan, P. Eng.
Engineering Manager
10
J. Patrick Woods, CGA
City Manager
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HIGHWAY USAGE PERMIT No. D2013-003
THIS PERMIT Issued m d rpii +cate copies this day of 20
FROM Tr -artsfidd DLL Mer GAte%lay Sollf es Limited, a
body corporaie incorporated under 1-the taws of
'he Provin ,e of Mew Brunswick
(herein }ter called the "Gp:!rator");
TO: Cite of Saint.Jahn, a bogy corporao hly ;3oyal
Charter, confirmed and amended b %f :',,,-ts of the
Lejis!ati" a Assembly of the Province rf New
Brunswick
(hareinaftur calved thra "Applicant).
}ll* AE !AS the Minister of Tmansportatior- and Infi- strucrare (tine "Minis ar"; undar and
b,., virtue of the Highway Act, being Chanter i -5, RLSMI.t,'. 1973 (U13 has
the acim nistra?'ion and cony of of dhig ways in the Province of i'+Iew Brun -it- rice:,
AND '4"�kEREAS ti�L administration and control M" the Routt! 1 rac lky (the "H'I&, Eiy ") as
&F tined in -E1 e- C,*1R !Agreem3nt, 33--naidule r., a colay of whic.'i is avallable in the Applicant'
upon truest, has been _given to ite New Bruns vic.;'ii Er�rar Corp prat t4r ( "i~.'_ fi ") by
the %etiniste!' With the app ovel a? the L ''ut :nai`.t-Govezrnor in iCOMI :I,;
AND WHEREAS the Route I Ga zAtay ; aroject Company Ltd. 7. ro ecr Compan,e) is
a delegate ot, tai _^,
AND WHEREAS the Operator is a s --ib -d. alega'�2 o ' NSHC ead r na , as su-M, issue highway
usage perrai (as ti"rat Farm is deri��ec ?n the 11les;r Brunswick Highway Corp,�ratian , )
with the api :n3vai of R1C Project Company in connection with t ie
AND WHEREAS the Applicant has requaste i a '-iiwhway Use-e Parmit for the purpose± of
rdecon:ir:issioning the existing valve chamber and rehismiLing, amociated pipe
irtirastxcict'llre on the 1.Z0 mm diameter "ester transmission main, loatee aclecant to
Ptou ;a3 1 k -Yestb -u1nd lasts, near' th-3 Jfi''i arr p Cif :it :,1a, }'dhicli ti clis'!;r fiction irma ihads
2nd dinnatisions, materials and scheaule are more pgri; cularly! cdascribet In the pnoend §y:
annexed he 'etn and 'forniMe ., part har a s1?d marked as Appandix "it" (s {innatir es
reierred to as the "Construction' or `VVc- r4. '';
AN D WHEREAS the Ap pilca:nt b&s niquestrM, a`ut�tor b:-Z`Lion to cait'rY Out the Work rn tit *i
H ghwey in accordance with the AP.,pl can s Traffic Control N-ianigarnent Plan, n p + of
lticr7 is an:,,.. ,i h.. e.c and .narked 45 fa.p!enei:�: "AV ;lle i; offc Control"), arl 'iarr?15
E %I1f C. 1.'i Lh Vilork;
12
tai °10 WHEREAS the Operator has, with the Approval ov RIG Project Company, agreed to
issue to the Applicant, a Highway Usage Permit (the "HUP") upon the arms and
conditions herein set forth which forms part of this HUP.
,. car -Vi P. A i.
?..41 The Operator hereby authorizes the Applicant, subject to the terms and
conditions : ierein contained, to enter upon and use the Highway loca ion
detailed in the Work (tile "Approved Site') on a non-exclusive basis for the use
and purposes of the Work.
FEES
1.01 The Applicant agrees to pay to the Operator for as ^h peer during the term of the
EU ?, the fees that are or may be established under Reguiation 2039 -155 made
under tha .!aw Brunswick, Highway Corporation pct as may �-e amended, revised
an6 /or 3upalemented from tira? to time.
1.03 As :i result of the Work scheduled to be instcfed, operated end maintained on
the i- llihway, and in additi;;n to any fees that racy be imposer; "r. accordance -
sj ,ibsacticai 1.012, the appl -cer:t shall pay
;) effective April 1, 2014 and for each • scal y3ar thereafter, an annual
fee of $2,500.00 pursuent to Section 10 of ahe 'Highway Usage
Regulation
J -04 The annual fees payable uneer this section are due and payable on the &first dry of
Anri` in each Fisca: Year, and ere to be made by cenified cVcque pevable to the
i+ MC. Cheques are to ba for► ► xded to the Cpar4tor es fYllcws:
Page 2 of 18
TeanrReld Dexter Gateway Se sicus Ur iited
Attention: OMR h4arager
39 Phaeton Drive
PO Box 1030
I c,npton, N8
511, V-11
13
FILIP D2013 -003
1.05 The Appilcarit acknowledg s ,a.nd agrees that h, f nre to way Mile fees, wilthin thirty
days from receipt of the Nivc €cc for same, shah resuht, in tbe °varrrlinatio n, of the
ARTICLE 2
2.01 The Aph!icar , Ps contractors, subcontractors, se7fants, agents, employees and
workmen, may, from tide to time during the term I e; eof and at its own
expanse, perform the Work or, the Highway in accordance w;,.' the terms and
conditions herein Sat for h.
.'02 The Applicant shall tarn► out the Work In accordance with end meeting tita
prescrited standa:•ds by all a!:plicable federal and provircia! statutes, as
amended from tine to time, and municipal by -laws and ai; regulations, orders,
dirediv_s, ivrmits and Pcences in ivspact thereof which apn!4, c o o,jerwisa
effect the �.forl. o, winich apply to or otherwise affect lie Applicant and its
hLesirass rssets, irsofa!- as same relates to the k4fork, includ!nq, but not limited
to, thIS HUR, the Highway Act, the Re!w Brenswic . Higlr-Way Corporation Act,
gxilation 1009 -356, the OMIRACreement; ths. aw. Brunswicl. Worn `rea i*rr_ffi
Control Manuul and all en irormentai and occupation health and safety lepis.
2.03 The Applicant wid-Z- `Lakes to submit ail plans and specifications detailing iccEodon,
riming, duration and method of the Wor', to the Gpera�ov pi for to 2 -e
rarimencemant of any cf the Work. Tile P.ppli.:ant heraby 7greer to no.
ur_cier a e or cor^.mencc, any o the Work prior to recelvi.ing written app.,ova'
from tiln Operaicr. It is understood and agreed betvieen the parties hereto that
approve! of the Mans and specifics: €ions for any : ;pork. to be carried otit on the
Highway does not En any way affect or niter the Applicant'a r sponsi -ifty. for 4ile
dacign or €mpiernenMlon of the 'Pork, and the operator hereby spect.icali .
denies any sudh esponslblivt.#.
2.14 The Applicant agrees to compete and del'iver. to thi Operator a final "as b0t"
iliac :#eLaI:Inf: all construction undertak.3p: as Dart of the VYor . ccrn et::c: at Mile
Approved Site within threa months of the compiedor o� =_i�le'Nork.
2.05 Tile f.ppiica It shad carry out the Afora: in such a :Wanner as t'O con'. ply with the
ecui'rational H_aith and 5a}efir Act, Chapter 0-0.2, t.S.N.3. ;973, includIng. any
mgula-i ris or ordars made thereunder
page 3 of 12
14
i.10. D U2013-003
-r 03.
LOG The Applicant shall during the p2riod of the Work:
(1) take every reasonable ;precaution -%-%o ensue the healadi and safety of its
em. ploye-,2s and the health and safety of any other person having access to
thy site where any of the Work Is taking place; and
lit ensure Ghat its employees comply with the Occupaijanal 4eul.-h and
Saft!, Act, the iegulationc and any o.i-d?r mode io accordance the
Act or the regula -Mons.
7-1.17 The Applicant shall, upon the request of the Operator, provide to tl,.e Ope:ator
within sesien (7) -days of such request-, a letter oWL-Unin" the steps 'Lalkan by the
I �:j
Applicant to comply with thaprovisicris of sections 2.05 end 12.05 h2.;-evf.
2..08 i4o matedal or equipment shall be do-posited or sto.-ed en the Highway or 'ha
L
I-
Ap roved Site without 1.h3 prfc.r written app oval of t'-e operat
I p �. i Lor.
2.09 Xl brush and debris resulting from tMe Work shall 6e dispcsed off the Highwa",,
�-nd the ApproveZ ; Site by tha App!icant, crid at he expense cf ire Applicant.
...iii The VYorkl it the Approved. Site rhail b?- rertricted to the hours bzLween 30
, n
,nutes after sunrise and 30 minutes priloir to sunsei, and shall ret he narK2L, ou-1
during tunas of rieduced Isibift, Incl-.,raert vreather or where *Lhe Wor-i't will
;nterfera with ' ha del Wier,! 3f vjInL3r main ianance, slivic�s an the'.43.,zh! %'j--it
2-1.1. The Applicant sha-1lji%-e th3 Openator not lesi thaniNve (5) busircss Jay's vdr',.za j
notice of its ini6ent'lon to .omwence the Work, and the AmAcen.. shall nGf.
commence the %,%!o.•k orici-L-Orec-niving wrltie.n appivvel olqrom the
Ohe t tor.
2,.,1,2 11,4e M9,11can4 shall ensure Vial., *It, its contraerrs, su5coniraitors, vvmlanen or
a-a-ints abide h,,, and v�A;l t)e bound by the terms and corAt-.ons of t" alls
2.13 construction shall disturb Ll.a F.spharL' sur;ace of the -Ha1 nway -..Njlthout Ulm
prior written approval of the Operator.
ART.1 CLE 3
3. 5 TA N D A FR DO 0 r- C 0 INS TR L j C �71'1 0 N
3.01 ('al. Ilie construction shOl we perfnrmed by the Applicant ':.-: a good erd
wo►':msnflka iranrar ijit ',tz r t-.fn erpense. IF, -.n tAlp Operator's cr-Inif.,n, a-.,7.1rig
reasonawly, `Ji* cans;Vuctlar. Is net being cirriad :;;ji la a -Food and vvar....-n"anlike
manne.- in accordance vvitji samcldon 4.02 het -sof and in zcco!-dance witgn the plans
Page.- 4 of 18
15
Ht D2,013-G03
and specificetions submitted pursuant to s3,ction 2.03 hereof and approved by
the Operator, titre Operator may advise t° he Applicant oW he basis for Rs opinion
anti the Applicant will rectify any deficiencies in the ccnstruc, on to tiie
easanaale satisfaction of the Operator. The Applicant asrees to forthwitli
rectify and repair any deficiencies in the construction }o the reasonable
satisfaction of die Operator. if the Applicant does not 0brthwlth rectify and
repair tie dei1ciendaes to the reasonabl:� satin action of the Operator, the
Operator nay suspend pe normance of the Work by giving written notice to that
effact to the Applicant; such suspension shall be efPecilva in the manner
specified in the notice. It is understood a td agreed betyreen the parties that any
request b,; the Operator for the Applicant to rectify deficiencies in tlr
construction or the invocation of the authority grant3d Ly this paragr ph shall
net give rise to any claira by the Applicant against the Openato r , regardless of the
reasonableness NI tha Ope:ato, s opinion, aria any rur:h cialm is harab,:
s necificrilh., i►zrred. is is :`u. ther understood and agreed bet veea the parties that
failure of the J )era or to Mve instructions in regards to the construction does
not relieve- _y.F Applicant of any resporsialiities and lia l- liti2-s under this 'FiEtP 3r
otFerwise.
(b) Notwithstandhiff ihe provisions of paragraph 3.011. (a) hereof, tvhe :•e the
Operatnx is of'ihn opinion *hat titre cmist ur.�a0n pv as a "azard to the safat�r of
any person usira. ihe Hi3, hw3y, the .Corp ;rator :iiay r2quss' uiit the Appli aan'. tak :.
suyr: action, as is r3cessary, in the rripinicsi of the Doerato., to all-aviate th 3-
i- azard. Upon i- ceivina such a regl -,_si, - he Applicant ag.ess to fortivivith aka
th a lnqurnst -a action a., the cost of the Applica :it. I"11 The Applicant fails to tare
such action, Via C era *_or may tek a such action as is net= ssar4! 'Cr, 3112�gate the
hazard. If _Va Cpera -:nr is required to ta':e ac pan under this pal grapy, we
App imilt shall, upcia demand, reimburse the Operator fcr all a paas2s
seasonably inc4rre6 in connection therewith. An;� requesLi issued or action taken
ill• the One a�rr ender this 3?r2 m-ph, Small rot rls:c to ank, fkh-7 by th.e
Applicani and any such claira is hereby specizically 't is furi,her
understood and eg. eed Between the parties that failure of the Oporatn � to issua
a req;Fast cr =dice ixtion under 'Nils Para ranh dr—.s not reileve tha A� *Olicant of
any msponsibilitles and liabilit es under this VW YO or otherwise.
.fir+ Tlie AppllcEmr shall use every reasonable 2i1�o, t to a isure, where practti�l, that:
V ail canwtructloa is per r°orma_ 'r a manner that causes pie dzmrge :o
tfie Ar3provea Site o, the H38iMa,f;
Page 5 o :[
hr-a traffic t�c.v is n3inta ir�..d -in tite i.igN n: during all Wrrsiruciicr:
accord a,n the most :,eceni New Brunswick VV-nn: r �?a TrGf;rc Cc; -I r i
t•.ianval, as emended ;roc: uinae tc t n�, ihe jr..
h :ei pi of wt +icM s,he
Applicant ack:novrled es;
16
HUP D2013 -003
ij Ci13 construction c ogs not interfere with or obst:�ueL tha Highway or affic
thereof except, with the prior written approval of the Gnarator, as may
be reasonably necessary or required during actual periods o 7
construction; anc
;ice) the construction does no'i alter or interfere with she drainage patters oy
the { i;hviay or an;, property that is adjacent to or downstrj�ar„ o'' Vh-
HIS4way.
3.03 notwithstanding p3r3grap is 3.01(a) and 3.01(b) here-of, if, +r, the opinion of the
Operator, the Work including any construction or main enance activities of �'ie
Appiicant cause cr rasui , in dls urbance Lo tiie asphaltic sur ace of tip_ .- ighway
or oti erwi5e cause- d::ma a to the W ,,ghway, including the area within the
Kau" .1ja •' right -o°- v3,11, tiie Gper ?.tor may, (but shad na !�4 r avjiir.3 to sn
ad-.itioa to and without prejudice- to firs other rig,% and remedies availarle
hei- eunder, undertake and complete such repairs and /or r_medial 1�ror
(lrclueUng tie removal and replacement of al-fir improvements and structures
instelied under the auti-Joritl of the HUP) as the Oparata., cons iders appropriate,
act ?ng reasonably . All such repairs and /or mrnedinl wore Including al: coasts
€ncurred to .deal an,-,, anergency situction resulting fro :n parforming, the
Work Including cosst uction or maintenance shE:1 ae at the sole cost and
expcnse of the Applicant and the Appiicant covenants to fo!1h► -±ith pay to file
i ;er2tol', on demand, ali costs and expenses, dired. of indirect', I- cur red i]!r the
Opc-ator is attendla thereto !,o ,-ether ,•albs init4'�rest thereon friam the date any
such mr.,m lse is incurred to and !ncluding ihe *. tt' payment at the average Prime
rate plus three percent (3%) per annum, caICIAlsted chill, not ir: advance. It is
understood and agreed bet +jean the patties that tline 1,1ovocatioi of the aLthorit;r
granted by this paragraph shall not rive rise io any claim by the Applicant against
the Operatw, ivBi•iC, R1G Pmject Corr}pany or the nrovinca regardless of ti;e
:,easonaNeness of the Operator's opinion, and sRi y such claim is hereby
specifically. haired.
#.i i In 1.11.3 op :nlen of W1BM4C and /or the Opera car, ir: each o their wile and abso Este
discretion, it is nit expedient -Co renledy any damage to the- H hway, inch :i.I tea
anv u. -rdon of the right -,af -way and /or disturba €ice to tiie asphaWC surface of the
:iig lau, w.i :i and he Operator rr r!y/ rf ?iJ :3'e the Applicant iC pay and
rrnount equal to the costs tvhlch, in the reason4lrlM WUMation cof i!?s:C anclor
the Operator, vfcadd be 'Mcurrnd by N6 01C and /gar 'anti Operator to complete the
repairs and /cr the rem-&M work ner.ess:ar$ to repair the highway, the right-of-
and/or the asp►ialtic surface of the Highway to the standard satisf - ;ry to
NIS C end /o: r!e Ope!vtor. NBIa.C's rind /n, tine Oparziot's deter mInation of 'this
amount shalt be final and binding for a i purpos:s Zf' the HU'P. it is understood
and Eigrend between De parties that the- invocati^n of mile aushoriftq grimed by
tills paragraph s: -al! sect Spive rise to rim., claim by the Applicant against N9HC
Page 6 of 18
17
HUP 02013 -003
and /or Cie Operator, r=egardless o: -he reasonableness of �� BHCs and /or the
Ope aLor's opinion, and any such claim is hereby specifically barred.
Z -.05 the Air
_.Acant agrees that if any contamination should be encountered, on,
under or around the property administered by the Operator:
t, the applicant will immediately cease all d=ark in that area, and
i0 the applicant will immediately inform the Operator of the said
contamination in order for the Operatcr to assess the situation.
3.06 If tha Applicant fails to abide by section 3.03 and chn ;am nation is later
determirnd to have bean present, the Operator, Her Niajesty the Queen in Flight
of _h= Pro�-irce oe' oevi 3: unst.,Ack, M131-1C or X'I.G Project Company shall not be
responsible for the- resulting deterioration nr d ,_mage, v4— i;i.l: shall be or the
account cf Lhe Operator.
ARTICLE 4
4. APPROVED IS111
4.01 Upor compivtion of the 4: ►a °k, the applicant sl-all, a4 its expense and so fa:- zs i.
practical, restore, rapair anei l2nc;scape the Aprircv el Site to Lila anent
necessary to resto►c) the App mted Site to a; leo!t the conditiccrR eristing prior to
the commencement of the Work in a mznnor satisfactcrr to the Operator.
,T.01 All repairs to the Apwoved Sita, including repr:irs :'equircd .o - zdiy any
.amage, alteration or environmental disruption im area surrounding tile
Approved S:te oe to the Mghway caused by the i.onscruc. ?r+n, os use or tie
Approvad Sita at the requast and to she reasonable satisfaction ::f the Uperator,
shall iuy the responsibilit., of tie ApplicarL.
4.03 f the Operator is renxed .o rnake ants repairs _o the Approved Site o: Zee
'i hway as a result of Lhe V!►ork i)yy the Applicant, the Appli-cant shall, upon
demand, reimburse th._ Op r ator for the cost of all enpienses easonaaly incurrt d
3n connection t0ei w;•3ith, provI&A however, ;AM., except in emerg ancy
situations, the Operawr shall first give tha Applicant wr[Umn notice of any
situation in?cess tatir?g the use or the power co Yerred under this Ardc a and
allow the applicant a reasonable opportunity to !'ortlawlth proceed to deligently
repair she same.
?L:gc 7 of 13
. r- D2013 -033
ARTI w: o: 6
S. U.? ``+il,y ': ,A' Q. INDEMIiril's
5.01 The Operator, the Crown, H!BHC or RIG Project Compaw., sha :l not be responsible
'for any damage to the Mork of the Approved Site, from any cause whatever
other than damage resulting From the gross negligence or - vilful misconduct_ of
the Opel ator, Crown, 01MC or RIG Project Company a r d respective
officers, employees and agents.
S. '101.16 The Applicant, hereby agrees to indLmnify and save harmless the OperaWr, Her
Majesty the Queen in Riglit cir tha Province of New 3runs:,,icl: end any and all
departments, ministries, agencies, boards, commissions anc; /or corporations
"herwof (hereinafter : fen ed L'a as the "Crcwr. "), "Bi f^, RIG Protect Cornpcny,
ail of their nermitted successors and assi ns, aiftc; al; of their respective
shereho'ccrs, di €ecto :'s, officers, i3gislators, employees, agarur and servants,
frortr and again` all liabil ;ties, damages, claims, suits and actions whasoeve€
resu't!ng in anyway f o n tivie Work or th3 op lrations, use, m --in:enance or repair
activities of the Applicant or of s emnlo %ees, ag4ni:s, contractors or
subcontractors in respec ;tie. col.
5.03 The Appiicant shrell prorz. -p-dy pay compensation to the Operatyr, N3HC anE: R1
Project Comp ;any ft).- all ciama3es suffered a,, the Opora }or, i�.%HC nd RIG
Project Company as a result oi" t ie indernniq at secdor, 5.02 and /or of *Ae !'Fork
or the oparatiors, use, maintenance or repair activities of the Ap-plicant.
.s. .i he Operator, she Crown, 0131 and RIG Project Company, al cf their ermi ±ted
sucrassc -s an,-1 assigns, and all of their s lareholc3 rs, 'ire* ;orS,
o fficers, legislators, employees, age�tts end scr,,ants shall not: ire responsible for
ary dana.B9s suffaved by the Appiict,rt -is a result of the `Mork or the operations,
maintenance use or repair activities of tai: A�)piicsint in respect of the WorPc.
ART ICLE 6
6.101 11,11a Applicant, %t its own expense, shall gurchasa arri n-- 10 force
duringT the term of th ;s MU?a and any extensions or renewals thereof gek-,,!Iai
iiabi!ft rsurance in Form and canten *, accentab!e to :he O#wrator, HIMC and the
S;.G Fro ect Company acting reasonably, to protect Appllcrmik, its `~ootra W75 and
subccntrictors, as wal! as the Operator, the Crown, CIB; ^, R1G Projrxt
Cornpzn,,, ail of their permitted s`Jciesso.s and assigns, and th1 .r respect v_
,ha €eholaers, direcrors, officers, legislators, ernploy cts, agams and see "ants.
Page 8,)p '!
19
_ `UP D20".3-003
3.0 Such insurance shall provI& coverage for property danage to the Approved Site
and the Highway, including loss of use thereof, and shall protect the Operator,
,We Crown, M31-IC, iiG Project Company, all of their permi«ed successors and
essi ns and thai; respective shareholders, directors, oilikers, legislators,
ernnk)yees, agents and servants prom all claims arising out of liability for property
damage, bodily injury (including death) and personal Injury arisingy out of the
Work or out of occupancy of or operations in connection with this HUP.
6.09 This; p -4 :,;, .y insurance shal! provide for, but not be limited to:
M a $5.0 million limit of liability per occurrence;
Ely sudden : Acc!dental Pollution coverage for all insured perils;
(M) broad form occurrence property damage �Inck iifij; coverage for loss of
use ivlth=. property da mege);
cross Vabi!ity end sap -S ration of Interest i - -. j.t: rezie t a each Insurad;
i *y the Operator, thy: Crown, N ',HC, R16 frojeCt Company, all of the..'
permitted successors and assigns, and al of t inelr respi!zuva s ierei ?oic;ers,
directors, nfricers, legis:ators, amplo; =ees, agents are scr+ar.'s to be
Included as Insur eds or t' dditi^na: Insureds with • -es ert to li NIit es
a isin- ou'.r of the ';fort, or out of the cccuparcy of o :- oparai:ions
connection Ith this HUP;
{;;'s breach of 2n}{ of the terms and co 6itions of the pri'icy, jr any naglig nice
or %4iI!ful ect or omission or .else rep.ezzaniation by any 3thei- ! nsur; -u or
other pe!'scn, shall not invalidate .lu e Insurance v_sith respect to the
Opar3tor, the Crown, NBPIC,11G ProjectCempany, any, n` their r3err htea
successors and assigns, and any of t ei. raspacthi,3 shareholders,
directors, officer:., legislators, err. ni,:!rees, a gents ant sz~v ants requif l ;d %a
be lnc uMed as Insureds.
y.« :,.< <_�f tlmas Daring the tern of L�zis ? +UP, insurna F�alicies spa ;! be issued
bi., finan ally sound Insurers I censed 4o terry on business In Lanada or ir. on-,-
or more if the prv.dric4s cr tarritor ies in Cana; a. insupjrs s z:l nog car al Gr
mater a!ly change the policy until skay 163) days prici' written no tice hxs e2e� 7
ot'ovided to the Operator anti
6.05 If closely bald instorncis ecilittes e.�. cad tive, recip ca.I or : ny ow :per of
alternate r:s%, fl-narici,ng) 3ra used instead of conven -Vonai insu;aiw'e';—L proVPde
any insuranca "Nuired !:y this [4M), th ; fq)pi €cant sacili ;:rovid- ri:nety 090) days
Page 3 of 1
20
14 ., -P —.Z 3 -:0015
prior written notice to the Operator and RM `i'oject Company of the Orcgram
structure and participz:nts with sufficient information to permit the Operator and
11G Project Company to determine what, if any, supplementar,, insurance
requirements may be needed (e.g. "cut-through" endorsement to captive
reinsurers) to ensure continued, adequate protection for the Operator, the
Crown, W13,1C, R LG Ne -ject Company, their permitted successors and 2ssiaas, and
their respective shareiolders, directors, offilcers, legislator s, employees, agents
and servants required to be include4 as Insureds.
A1.04 Certified true cop 'oas of all insurance policies maintained compliance with this
provision, or o -har documentation in form and content acceptable to he
Ope a_cr and FUG ?rojeci: Co mpany, shall bt dalivared to tha Operator and RIG
Project Comp..n ;; prior to any Construction. Ce tif:ca�es of insurance, or other
documentation in form and content acceptable to the Ope; ator and R'.0 ? . ojeci
Company, evidencing any renewal of these = nsurance policies or any replace; ent
insurances, shall we delivktired to thu Operator and XG Froject. Company not
rater. dhan - T.Raen 1,15) days prior to the a pircticn or exist'.ng policies. Certified
true copies of all rancw2l or repla^amant policies shall as delivered not later
than ten (-0) business days after a written rAquest from the Operator or 31C7
amntiny.
ii.01 ii ar_y co ntrcctor ;;r s bcontrac or hired :r,�* the Applicain- or conducting any
opered3ris or c- orstru_ticn in Conn ctien vAth this HUi7, on behalf c the
, -pplicant, is net in ur?d under the Leneral tici'A-9ky ? asurance required to bs
lurchased and maintalr._ed by '►-pe Applicant, the cor:ti�ac�or o: sub n1.'r2:ctor
shall purcwase and maintain in full force curing the term of its ope stiuns,
3eneral lability Insurance, in form and cmitert "Co tl -- = ^,- perato env
I AG 1 roject Caropsny, that meets all V is coverage an.- ad rinistrativa
requirements szt cut in this Article 6.
8.08 'rae Operator, I TAC, RIG project Company and the Crown shall not be
responsible for aay damage to the Applicant or the construction from zny eplise
:v'�atscver, otno, thansultirg ro:,� ,",ross r4vi�;;£'r : ^e o ±lful +nisn�uuc or
th,2 Operator, t•.GMC, ?ro;eet Company and 'Uie Crcdljn and their respective
o,Ricers, em plcyaas or :gents.
7. MAINTENANCE N[) RE :PAIR OF WORK OR UraiCIER.'!'AKING MNS"TALLED
7.n-.I, Following cornpie iaz or the Worl, e Appknt ma ;, during ly .e- t xe he
F U"' and upor prx.,ldirg notice _c time O.G --rawor, eo.Ler upon thw :approved 51te
fcr -:r-e purpos_• of rraintainin , Inspecting, repairing cr ;e ;,ovin :� any -xor ;;
Page :1,0 of 18
21
! ,, 02O1.3-003
appurtenances, attuhrnenLs, apparatus and aqu;pmert belonging io the
Applicant.
7.02 'n perforiming tha mainte er:ce er repair M the VVor.; as provided for Under
Paragraph 7.041., the Applicant uvill comply uitil ti �a terms and conditions sat out
undar .rticles 2, 3 . rd , ?,, making Cie racessary mod -f- cations when necessary.
7.03 in ,! ercising a right" granted by this KU?, the Appl? wn'., is agents, serlrr is or
anyone acing on its behalf shall be liable to &a I perator, the Crown, 03- N,C an;
TUC Project Company for ail damage caused to th4 Approves Ske and art►, other
property damaged and shall make full compensation few al? damage caused or
arising whHe carrying wt. the activities.
7.(14 A t-w construrtIon and prior to oparatmg the Wo k :, the Applicant shall file a
Cerd.11cate of Insurar.-C, °ivlt h the Operator that *.+_rues that It s mv!reci ase ;r;st
any liability thai: ;t may incur in aperathig, insiixcting, niai;:taining or ropa3rinq
Li = Wonk located In, sin, along, above or under thwe Apwwied Site by an
insurance rompany licensed to do business In the Province a" ivAw 01-uilsvgci,
which insurance cu��ei-w ,e shall be of .a � yps or cls- and an amouiat an!zr; '• +i;,
by .1111 Project . ^rnpany.
7.05 in the event the high ouay :'s realigned and 'that, no: tion of 'he !'G.'ghyjay r, the ar,B&
where the Work or any struccit re, appu'teinences, attaw-nments, ap?� Ewls,
: avi'c s and *'t!Ui )f x"1e11t 3ssor:ia "tee therewith are located, no 17r.ge+ fors s tv: i of
the H' :lginway, the Ap it mint shall forthwith remove ihe same upon nciid;: i'i''Jn i
the Operator acid /or Ns HC (the "Abandaned Section "),
7.06 Tho materials lrcluding 4Lhe Work, on -ihe fbandonwi Section shall ba r2nivved air
the sole aypensa ml- °:she Applicant. The Applicant shell rernove t.e sage and
-ern e ie ehb hat former port on at the P a-i loned Section to Una
sarisfaeti-on of R.he Opep rtor and N3; ;;, Arny such %vark done by the Applicant.
5 a l be carded out, compleceK, a4 the €9`Coe ise of the Applicant.
1.07 "I'he Applicant Shall ih &ve the i'u l i':3ht and p rm!ssi :, +1 where necessan; to enter
inIo the Abznft-ned 2e^tion with p opie, ma hinef, ind ma erial for the
jwrposaa of c-arryina out such obl gai''ons too } ": pier any darnege to the sanne
=.w'r'.ii!t OC^a5so iied and Where r, awred -oaL vInS cornpensatior. f7; 'the drimage5
l:i the Operator anJ NB'• ' €'," . arising rorn such ant., . r.R y su;, work done by ,^+
Applicant wrsusint to this provision is to ae carried Out convfeteiy At the
expense of the Applicant aind the condition of the a,a.A returned to the sarne
ctTnditior: as it+'Yistre..d orsssor ro ent V.
Pa 1, 31J. +'`1t J.P1
22
[1, P 0201.3 -Cir3
he Operator shall use all best efforts to cooperate with the Applicant to obtain
Highway Usage Permits as may be required to permit the AppUcant
to 7ehistall L'-he Work and or any appurtenanc3s, atLachments, apparatus and
equipment associated therewith in a prompt manner
ARMCLE 8
8 TER-MINATiON
8.01 1'nis HUP shafi terrainate:
(a." Oil the 3& day of Or
(b) ai th;zt orunii of ihz Opemtor, vvith the ap!vnval of 111 tS r.-r ag;
- I t - v 'n. . I jy,
k i P o -L i 13 1 b u s i r i as s 6 a k, wr i t T: en n o t i c G i, h e Ao i i i I C a ri is
(1) if tlN% j^4-"P'.nveXk-j' Slit is used -;o;, any ourposa 'Ulan that
-1 in Articie 1;
..ese.:rlbe,
01) hl th=- Applicant shpill not .,,n
the AProved 5:4.a within leer 1r,).np thc--, Qa'ce
permissi-on 'I'tareby gyrzntad shiall there-ijinon imniel,,�Vat, I te %Mhil toe 41 - � 1v r;
without hirtilee act w r.rA'-1,7.e; or
(M) if the Applicant defe-OLs 'r -)'sccvllng !is 6.1111gat'lons
herein and it falts to rernedy -.)r cc. Ol-Ee N sLeps 14 Li I
01, remedying such default' after the s-Carae has bear: t.0
the aut-3ritiors cYF -L-fie An-Mici-ir.I. by the Operator 6y wi�- r-,f wifften
ir
notice thereov; Che (',Iperator Mpy at efts sole 6-.srrR-Vcn (and with
L!I,e adrii'VS1 mil' ;1,70jact Cornpany) and vikhout ecourse ',-jy
the Ani-0111--ant- terminatte t'Ns RLIP; or
a! anv uv!ie, !n the sole grid abso-fl-Me r-,'iscM-nIS;I Of, the FU7 Project
C-arnpany, upor, such terrnS L-Ad C-Orldil,10"IS 2S th-,'.' RIG Pro,;ect Connparn,1
considers
but Ole obligations cif the Appilk-ant under Nhis 1-4-41 surv.2ye SuCh CL-ssauion
;rd determinition zi- shach per.r.11issio.n. If (this Hr i= is Lerra'hiated put tuant VO
subparagrzpi-. SS.01(h' or !.--I the n1gaftts kherebt., grrinted silal! &Ljv;r
Ah-i-nnedIntaly w:vfthout fiarther ac.t ar naidire, and Zi.!
P"pplican `L. shall .".1her-C-U-non cease and expire, and t ie Appiic2nt agraes tc execute
Pagre 12 of 18
23
P,kll' 02013-003
and, file such documents as may be necessary t o confirm, or to give _public notice
o such aQrmiinzidon.
8.021 Tine Operator, Lhe Crown, N314r and g'?G Project Company si'2ll :lot be liable to
pay any amc unt for costs or dar;ages incvr-re by- the `applicant as a r-asu' of
the termtnaticn of Unis PUP for any reasir.
9.03 In the %len* the Appli,:ant elects o terminate this i':UP, it shail so avrise the
:3perator :n writing yr lich notice snail terminate this 'HOP.
3.04 Upor, tarmination of tl.is HUP pursuZat to sections 3.01 and 8.03, 'tile A }plicant
shall ierea� er have ne obligation hereunder to forthsvhi h undertake are,:.
complete all the terms and cond.-I=ons whi :•h RIG Project Cogl.,)3ny in € *:s soia and
abso ute d!6cretion considers zpproprlit -''o ifili khE Applicant's obilgat'ions
udder toils l UP and im restore the Ar!P -FV 12d Sitki, so far as practicable, to t1he
sz,me cond- ion as it ! .-jas prior to the entry and use rf the Applicant. Any sine,
work ck ne iJy the Appilh -cant pursuant C this provision shall be carried out
comFiei:e %f rt the e� ense of V a Applica:�t.
8.aS Noili0distand -ing any provision o',' h° MP, R:!G P oiect Company or N1314C mays/
in Lhe7r so'? and a bsnlute discreZ.or!, cruical, '%e-r 7inatE cr r elnsi :ice th.5 HUP iii
accordance wfth slick cond;—ions as li IG Proj c�: Company ernd/ar NOP(C d1pre. -ts.
ARTICLE'S
9. N RE OFHUP
9.01 1'he F pp- 1icF:nt's right to enter the Api;anved Sim for the purpose of instF lling,
constructing, operating and zrEintalrilng the Werk puisur -rat to tilis i-luir is as a
il:'ere liceilsee. T Js ail, P does not Or COW t?� LO Llie i -uplirent aive title to
tile Approved Site ;Lhe Hlehtnsv.
9.02 It is undo rs,,=6 and agraeti that vilth rr,spect to any plans, including +; plans
specified ir' s!ycticns 2.03 Find 2.04. to be pr =_`a7aret oy .'ale E`pplicr�l":t f'iii' )U "aoSeS
of tl.e %Nor'.pr or for c:ert! "MnS props rt., or tie stentus of tie f property, the
Openatoir does not, in any way, represent or r Currant to the Applicant tl' al. the
.A{ protrec Site IS 1 +3ca►p?d as 5`lOta!n on they said i�ians r 't,l.ai [}i[ ii+. �� +.ins
contnols all or any no dna of t-he right -,—Jk va ►' 3hown. The iocation of the
Approved Site €s determines lay Zhe A.7)p cant st its soia risk- 214 the
'Work i5
".i"1d�r►t�R: +i =n t "er''r�on yC11Ll4r z: ;,►,� ii�l`: of'Lr,ci�ji!ICarE. t "! �h Vii' a , +,rh r ,
e Apr, .� e_ ,c
con-1 A .,r detarraine ':he tie or ownei`si "i4 of the JAM.ppreved Sit =', ii shali
examirie suck i de and ,�`J1Iner'Slup at its rjwn expense and the r.rpenato.- s 1 -aiI nri
Pager 13 of ik
24
hUP M01, -003
be required to produce ally abstract of title, title deeds, or copies Cher of or any
evidance of itl-a other than those in possession of the Operator.
9 -C-0s This CUs is non - exclusive. The Operator hereby resarvys. the : ig rt to grant
permission to other persons to use the Approved Site for u!batever purpose the
Operator deems app oprir;te provided, always, that the Ope etor shall not
permit any other person to use the Approved Site for any such purpose if such
use or an %, constr:Ection oS other work- in connection therewith wound in any way
interfere with the Applicant's use thereof.
:x.0.4 This 0 iUP, and any right conveyed harein by _he Operator .o the Applicant, is
subject to anxr other agreement, permission or right previously entered into or
granted by the Crow:, R1G Project Company or the Operator to any other
persons or corporations o use :ie Approved S .e. The Applicant i?ereby agrees
not to darfv.ge er In any way interfere %vi }h any uther parson's use and
en oyment of the 'kpprovWr.' Site. The Applicant further agrees to reimburse any
!lerson for the costs of any damages to thz it plant or ec±ulpment located oil the
Approved Site arising from or caused t f the negligence o, the Applicant in the
earr%Mg out oi, the Work and /or operating, using, and maintaining the Mork on
Lhe 5ii e.
Approved
M5 While 'ihe prcv €sions of this HUP are intendna tc be fully binding and effec ive
betwacm the parties, in the event tUmat ary particular provision or provisions
hereo'l` or a porticn of any sell provisr!on is found to be vo;d, ►Ac °viable or
v enforceable for any reason whatsoever, then the same shat! ►;e c sxn2d to be
sev red i-rom the remainder of this Wil), unce, all caner provisions shall
Pill force anr.) of }ect.
BLOC This HUP in no way affects or bin's anj+ other minister, uepartment, aasncy or
crown wog ro+ ti wn cf the Province of New Brunswick, or shit-eholder :)r affiliate
o tl:e Cperator.
AR1111CLE 1.0
10. NOTICE
117.01 Any notice, direction or otlle;' instrument reG4ii -at; or rernlit e;i' to ae gh--3 n to
time Opera or heraunder snail be in writing and aellvered persn, -ial!v or by courier
o_°seine ll ?y facFirnile [c the Op-2raturat:
Page 10-oI _.8
25
D2013 -003
I'rSnAeld UWar GatZW',aY 5e: mess Ltd.
SS Flhaelva Ddve
PO Box 1036
Hartipton, NO
ESN 9HA4
Facsimile (506) 8.,12-34oa
or ic such aihar addimss ar fav number as thr. Opai2tor m3V filorn I&I'le 1-0 time
dasf,'T,nata in w.-mina to the Applizzant.
Any notice, directic-n or 0her instru!'llent rel-Wrad or pet muted to be rriven 'Zc
the i%ppl 1raot hzreunder shall to in wd-Ling and delivered personally or by courial-
.r sent ; y facsinnile to them Applicant at:
City of Sa fr.t John
40 Common Clerk
P.O.Sox 1971
4a!ht;0bn' NB
EZL 411
F=Imile (SCE) 04-4214
or to s-.,ch other address or fax nurnber as the Applicant May ff-orn vrna i.o. time
6 esip i4a te M vinring iothe �.!peracor and RUG, Projed Company
L I
10.0.1 Any notice direction 0r, ether Instriunent 3fX3sald, If deliver f.-irl plersondiv or by
courier, snail be ,seemed to have L-aan sent and rjcz'Lvad or. the da't'e -)n ,,_-h'rh i-,,-
was doi-i'vered or, If fexe-d, shall be dee-Fned! to r.zve been sent and •e-,.-eIved -or,
the &_- ki or wh;,::t , transmission is con-fiernEd.
i
10.03 Fo .,� purpose of 'Uils Article, "Business T'vv' rneans ar..,, which is
(ij
.1 a S a t p ir de y or e S un d; -q!, or
01) a dais ubse-,ved as a hn1Uj?_v tinder tea %ws of the ?rovince ol:
3runksMck.
ARTICLE 11
NgW BRUNSWICK LAWS OR REGULATIO
11.01 This HUP w1l; be inuarpret.-id acCording To One laws and regalatiom, of
Province CIV New Is•uns";Ack. in the event tilis HUP or ,.:nv ps-rdon ntz �11,' 'rpj..') is
or appears to bp un Cotiffict %0th any pn�vislons -of 11"ne Laws Lit, Pegulafions of the
Page 15 of 18
26
HUP !)iI%M.3_0CG
Province of fjwn! brunmicic, then the provis °cans of the Lzms o,- Regulations of Lthe
Prov ince of •ew Brunswick shail nrevail and this NO or the ports i of the HUP
in conflir� sl1al'. be void and of no force or effect, but any portion of this HUP not
T, conflict shall continue in full farce and an"Fect.
LO7. Thi New Er unswick Hightivay C rpc. ttion A.ct, r�agulati_ ns ; Cade thereund: !- the
i-ligha-fay Art and ragula:ions rrarl2 thereunder, as eaciA maw. ba a.manded fror ,
dire to time, and any act or ragdeilons made in substitution alrereof co.-ply to
this NUP a,16 the Applicant agrees to be bound thereby.
ARTICLE 1.2
12. SINGWA_R PL,9.1RM.
12.01 Whenever "her-ein he conte t p_ armi s, words denoting the singular shall inciuc!e
tr :a Mural, t1.2% r asculine si-,aH include ;he f-craw ine, and, a person shoal inclu e a
corporation anw vice versa.
ARMCLE 13
.3. §INDING EFFECT
13.01 This HL.4 1, ands. everything .harein cantaimed, shall ansure zo he 1"o1'_eat c- <nd S-,s
hinding : ipw the parties herete anti respective su.- nessors ai.d cssigns
prowned, :�o►r+evar, Fa' the 'mivs >on herein o :'rye wee- ass;rs F fall -sot gay
comsttructed as perms tins rw/ assigiument [,q Lhe Applflcan not ziullrorized by t h;'r
HUP.
M31CLE 14
14. A91Gf4MENT
a,4.ol 'tics wJIB, and One r; rrnt ssioc. aran ed i eirety, shall not ba essig -led by the
Applicant witfirmL the !ario ;, life" T' - n ;:onsam,:,�� RIG I'vo.i Com!;3n*{
Page 16 of 18
27
ARTICLE 15
IS NON-WINVER
.iS.451 Failure by he Operator, KlBHC or RIG Project Cornpeny to 3xercise any right cr
tc mquiie or Irsisr. that action be taken acco 'ding im the te---',I.s of this HUP in r,o
way mlves the right: of the Operator or ?113'.< or RIG 711rojed Company to
rea.ulre or insist that an action be -taken according to the terms of this F <u r.
3.6 AMEN,OMEN-T S
16.01 '* at any time during the continuance of tHs' IUP, N B C or kl.-T ?rojec* Comnarly
dasms i . necessary or expedlai -t to ;-na � P.m, c'wration or addildons to this NUP
or i0 transier, susaen', rnnevr or reinrtate ''UP, ft mwr do so tv #n_�ns of a
vvrittan ratite Lo 'the ApplFcant which shat' be su plsmental ka ane, form Pa of
t+:is Hu.p.
AR77CA 17
17. �1E�
17.01 Time lisof tt;e essence n; tl,i_ 4 - ui-
A.RT# C Lr- `.B
I& lNlV_RPRCTATlC;N'
19,01 Terms used he el < <,n6 not nl.-hervvise deffilE , MINCh ve Jelflne6 in he Neev
Lrinswl ko'krin`vay yorpora6w t ri and - Lhe;,eund,.s_r shall hwvz! thF�-
me, ani:;43 !!s,. 'i ?3_d n t:iem thcrck.
Page 17 )C 18
�'nt i d�;�• � ? lia lr1tr4'916011a.liry kft- blank..
1pature s watlarued all fallowing pag j
iLiM, M13 -003
IN WITNESS WHEREOF the Prdes hereto l° aVE dt,"Y cuted i'''
Usage Rol"rllt on, the G_s, it;�lmkh an � {��;:t firli'..'.+.i I� r-p P., � 1.15 �1�1'�J3�t'
�b�'iV
SIGNED, SEAUD & DELIVERED:
Witness
of
TRA NSF IEEO DEXTER GATEWAY SRVICE.S
LTD.
Mark Kenny
OMR Manager
CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution
2014
29
Appendix A
30
Project Outfin-e
The City of Saint John, as part of Contract j . 2013 -21 End 9M:nm Diameter'fater Transmission
Main Chamber Rehabilitation Forest Street to Reversing Falls Area) seeks a Highway Usage Permit to
dacomm'ss ;on Chamber #5 (see attached drawing 6 of 8). "f h% work will include the following:
Chamber #5 is located on Hest bound lane highway #1 near Somerset Street exit (Sheet f i );
Traffic control required while accessing as per Work Area Traffic Contrc Manual (WATCM) New
Brunswick Figure 8.5;
Temporarily remove guide rall rs needed;
Temporarily remove fencing and posts as needed;
Remove all manway and three valve access chambers to top of box cha rr:b�nr (Approximate
depth= 2.5 ureters);
Grou ing of main stop opening required;
Remove section of 4COmm diameter distribution piping bet+:veen gee valve and Solid sleeve
coupl!ng;
Z1emo,,e ,GOmm diametc -r gate valve;
• Install 400 -.nm d".ame er;wiAnd flange cjw bolts, ruts, washers and gaske t
- Insta{I mechanical joint cap on 400fr m diarae.er cast iron pipe exith,3 clictnbe; c/w restraint;
• . emove '150mm diame er gate valve;
Install 150mm diameter !,)lird flange c/w pro s, ams, washars and gesket,
Excavate 150mm diameter side branch and install 2- 150rr.m 'Aarn,�41:r mechaa.cal joint caps on
15Gmm diameter cas ircr, pipe at each end c/-.v res-Lraint;
Core drill tevo 150mm dir, met -3i - holes to botton of chamber;
• Corrosion prate pion of 4UOmm and :50,nrn diameter bind flduges and metal parts with mastic,
Paste acrd wrap. (Denso);
• Install sacrifidal anode on each mechanical joins cap as per C €t•/ S ;ecrficadons;
Break and remove concrete cover;
• FIE chamber with gravels as per City specificaZ.Icns;
• Re! nsta a fence as per OM specificf Lions;
• Replace removed or damaged roll d wn curb and gur:er per sheet ii, Detail 3;
• Reinstate guide mil with new posts and hardware per sheet 5, Detall C as per O:i/l ;
s*ecificatiors; and
• Replaco asphalt as per Olvia spec;:? 90ons including trilling and tack coming °e- sheet S detail c.
Alt wore. involving
ra# is Ciint_ol
Following discussions xni ? , Joel Estee of he iv'iaintj--nance ant ','raffic 3rr nc: of the Dspa t ment of
Trrnsportt,t :on, it was determ -!lied tW the following course of ac_ion would mee;- his approva9. Given
thz. the Ck., o Saint JoFn anti ehe consultant, LBCI. Limited, expect° that '_he work can t)e camoleted
wilt"nout afFecting F aye rra w!lleci lane of the highway, is wras decides; t tai the appropriate si nage plan
wou'd be the :rand drawer sketch created in con ,-unction with W. ?TGiA Figure 8 -S, . {; when he conti act :r
31
bagirs excavan ion, the ground conditions necessitate some excavation on Me highway or slip ;ane, the
City ~f Saint John v!'-i1 have tha contractor institute WAiC,A Figure 8-1.0. It should be noted that the
durazior 2r all exc<-.vE.tion wort; is 3xpec:2d to be '11,-2 days and will be completed on the weekend
avoiding the week. day rush hour restrictions. it a asphalt work would follow tzhe next wae'c, however
this .,or would sleet the Westbound Lane t °_me restrictions (ro work between 6-9 am).
32
MEMORANDUM
soon
CM Law= Psoi,rrlr Na= LL
MEMO TO
I Chris sm. i. W!'-, Quall"y zmd
P R 1', j 1W I'N A E. fi Wit rd I-A)b ,I I m-5 I "Ain I a It I tier
t umit Stren In Revc-'rs'Ing Villts hie'a
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del bi ndn rs, P f.'l I g g
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is 1CU
TO, t 0' V,,., F i! t) U'60,wd h the applitalior, rot HWowav Vittqu flei-a-ft m ffif.v CRY 91 4,--Oint.":4P!% an Mutt& C evar,
irk addislw a cooyjrwe Plaa ary Pndused ft,,, your
rEwlew.
The ptclifil L` W nfly it) the Trndering stagai with a dosing datrL!
D I Weclne,%day* O-L ( D ty-1 r Ca,
2"O A. Once the Project tws bewn awmAO'ed. f IOAR forwam Onto your of lhx. ccipie Qf thr-
su,u'assjot contactors inwlrOflre ',he glLiZs. %,(tj (7,1V of Saint Johil 5peclthurians
cl Insucaltno? (tqtAfernen".
ka
If yo!A or Wp,,. 5!' dc, not hr!s,tam la ct)-i tact mot at your
T;4 77"
fl.Pl4 "I ,AOj-Vk It - I
Hi lmFU;-RMq!l,d4�+i�4
33
ROME I GATEWAY OPERATIONS I.
This ;�Z-umlt :43plivation i5 to Im mm!x's". � sayi na mytaq} this; mWitre z�ccjmu �O V.
Fr-,dlWm.r In wd,-zr io emmt, place, uorisl-,uct, JevMor., re ' cs
t Air, j-nr.jnjE.jn - oi%,Xata a mid.'"MOmr, the gm fts,",
of ft radifly T'he perrut cpqAicabon is wbN to revs Ztthe RIG t mike ny
g rission
or MY not l
grarft-1 to tho applicsixt base6 an c1lipt re"Jew
'Vlkrk* rtworib (.0, u build-nM stnudL.- ' Waco. tr'rwj&njojj 1••Q, mile Mum. P!P-;4tW-kRe. ma-�t aqueduct sevdr.
oundur, oewica. aquipnimi or 41 gn. (h) A tOMCM-Aal IM11 ft W-44drg file{. :Q tan am ve6itdu k ap -m mwix lr&i
vuh% 0 Will '610 Peduna W Sm-w kA v 9mrs;je k,.t, one (ch w, mWfmi reqvwLvk.,.
in tho I*,"Way L%atp Rmk&orl - 00w�� Act fil-19 fbg X.10- ft
de
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wzjde prid its exowa
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4;ause Ow IN)
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34
ROUIVE; I GATFWA*Y* OPERATIONS
0
Document
the proposod woft.
7. RNjueatad duration of We highwiry imap permit:
Mr�--.9vHKE P-PILAY -a
1. P 9 i OF inc p.(Dp-,kwd %vxf', least a '1000. 5 fk W' 112 the
r5-`WOPVOOO M W00%-, inelta-brQftnt. ru-4 WO 44-witt'-wS and
a srxl� I
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afea, WV Lw exIvN-9 %,uj*,
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4 on kwo"' T'bnT-iK;cP. drerzmd to be sequa-wil
.IJ V L if .
I Suffi&NCE
at ;111 tirleff &I-IM2 I"w leqry 01 [-+e
ThoApp" �cam shai'abla*i and mta�wam Gartemi Uabi jq.�,
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a) mj,-g be mi,ted bf an instranoe ccoripgi- Um p1twirwa 0 mw
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el Mao Na mzheafooc:-.
T11w, inowher, C*,n!ficMo 0 lmstpranra ovist be comp:Vled and "WItir-i vKh i1he 10 Y UsagK- P"
applizana my b.c bocd win so and fwflekr ia. pAyr-'anl harld
'arathor, ww. Ity DOC! roquefit,
APPLKATION & ANNUAL FEES
Ai I wpkal., U n (0-M ,F Must 4e jaccwwped by a i i'm APPUCV000 FRO NC .1 ff- R aliUing a d te-C pfdd 'w
an swe R. ii p4c)VIa to WA Mm grunjMkh HIgbwpv-LLO aiMdv n
Plea,"- refer' lothe a0w'wd f4q.hIwavUS"c f0i ail app;muaWe Annual Fa", wtoi,.h rAw b3
pak• an or- boo. April I of &w.h year.
35
R 0 UTE I G AT F WAY 0 P E, P I () NS
161 )WA Y CT PH-0101 AP"I ti-A I If
Docutwnt No,.
36
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jo to
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DEPARTMENT OF
TRANSPORTATfONAND
EWRONME14TSERVIM
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to
PROJECT
RE,
51
LL-1-4, 2) PAGE
I I OF
r I I
Section 8 — Typical Layouts for MuNflane Roads
NOTES:
Speeds shall not be reduced more
ag than 20 IWA beW-j the original
speed firnft unless approved by the
Department of Transportation's
Maintenance & Traffic Branch.
2. Continuous barrier may be replaced
by flexible drum or delineator posts
If anticipated work duration Is 3 days
or less.
I
1 V
f A
59 W-M
S&S C47
—
1. at-ri 10"110
I 10M., fF,:
30
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* *1$
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I"Pat 64uipped W11h
ConlitmCiton mq*ota
SP&Ogod et 0
(SOO N07 E 02)
IS
-----------
S
- ci`-t
Namw MCA"" I
mawftuma
Your Worship and Councilors:
COMMON
JUL 14 2014
CITY OF SAINT JOHN
12 July, 2014
I wish to express my concern regarding the intersection of Westmorland Road and Loch Lomond Road.
My view is that a vehicle on Westmorland Road should not proceed through the intersection towards
Kane's Corner until the way is clear. Unfortunately there is no signage to indicate this. Today I had an
extremely close encounter with a vehicle from Westmorland Road. I had just resumed proceeding
towards Kane's Corner after the traffic light turned green, when a car came out of Westmorland Road
without any regard for oncoming traffic. I literally had to slam my brakes on to avoid a collision. If I had
been driving with a green light without having to stop, there most certainly would have been an
accident.
There is a sign, on Westmorland Road indicating a new lane to the right towards Kane's Corner. A
recent letter to the editor expressed the view that this sign was interpreted as providing the right of
way to the new lane. I do believe there are a good number of drivers who share the same viewpoint.
There is, however, an identical sign on Loch Lomond Road at this intersection as well, which negates
thatidea.
There are 10 streets accessing Loch Lomond Road, from St Anne Street to this intersection, all of which
have stop signs or traffic lights (Mac Donald and Westmorland Street) to provide safe access to Loch
Lomond Road.
This intersection is one of the busier ones in the city at rush hour. Any accident would impact the
passenger side of a vehicle coming down Loch Lomond Road, and the idea of children on that side, is
another concern to me. I am sure you can appreciate the moment for a child when they graduate from
the back seat to the front seat of the family car.
Please eliminate the confusion, and have a stop sign, or at the very least a yield sign installed on
Westmorland Road ASAP before someone is killed.
Michael R. Maher
42 Woodside Park
Saint John N.B.
E2J 3T8
Tel ## 652 -9027
53
7/1312014
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M &C2014 -120
July 8, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Saint John Trade and Convention Centre — Approval of 2013
Audited Financial Statements
BACKGROUND:
In 1984 the City of Saint John entered into a Management Agreement with the
Hilton Hotel with respect to the operation of the Trade and Convention Centre.
One of the provisions of this agreement is as follows:
"Hilton shall submit to the City detailed financial statements on the operations of
the Centre, audited by an independent chartered accountant appointed by the City
and charged as an operating expense. "
ANAT.VCTC-
As previously reported to Common Council in March of 2011 since Common
Council is the body responsible for the appointment of the auditor's of the Trade
and Convention Centre, and since Common Council is the body to whom the Audit
report is addressed, it would be appropriate for Common Council to approve the
audited financial statement.
It should be noted that these are not a full set of Financial Statements that the
members of Common Council are used to receiving as they do with the City of
Saint John Consolidated Financial Statements. The statement prepared for the
Trade and Convention Centre is in fact a Statement of Revenue and Expenses of the
City of Saint John — Saint John Trade and Convention Centre in accordance with
the management agreement
Attached to this report is a copy of the audited Financial Statement for the year
ended December 31, 2013.
55
i he CA3 of one john
Report to Common Council
July S, 2014
M & C 2014 -120
Re: Saint John Trade and Convention Centre — Approval of 2013
Audited Financial Statements
RECOMMENDATION:
Page 2
It is recommended that the audited financial statements for the year ended
December 31, 2013 be approved as presented and further that the Mayor and the
Chair of the Finance Committee be authorized to sign on behalf of the City of Saint
John.
Respectfully submitted,
Gregory J./,'4'e bans, CGA, MBA
Commis:kp6r of Finance and Administrative Services
Ll
J. P crick Woods, CGA
Ci Manager
56
Statement of revenue and expenses
The Clity of Sault
Saint John rade and Convention ('-.entre
December 31, 2013
57
The Cke a-; 30,1 John
Sairt John ;raffia and Convcntrwn CL-nP.
Contents
Page
Independent auditoras report on the statement of revenue and expenses 1-2
Statement of revenue and expenses
Notes to the financial information
4-5
The City of Saint John
Saint John Trade and Convention Centre
Statement of revenue and expenses
Year ended December 31.2013_
(Unaudited)
20,044
16,070
19,549
2013
2013
2012
1
Budget
Actual
Actual
Revenue (note 1)
Dues and subscriptions
1,910
665
Commissions on food and beverage
Entertainment
1,400
2,018
sales and sundry revenue
$ 217,318 $
218,636
$ 237,003
Room rental
197.800
152,555
140,930
11,972
415.118 _
371,191
377.933
Direct expenses
Licenses
4,640
4,688
Laundry
18,300
25.029
24,089
Operating equipment and uniforms
4,500
233
4,416
Supplies
18,600
17,665
16,712
Wages and benefits
126,440,
161,026
183.265
8,286
167.840
203,953
228.482
387,114
247.278
167238
149.451
Overhead expenses
Advertising and promotion
20,044
16,070
19,549
Bank charges
94
-
1
Cleaning and maintenance
26,900
21,075
21,778
Dues and subscriptions
1,910
665
1,595
Entertainment
1,400
2,018
1,444
Equipment rental
10,200
7,115
11,131
Garbage removal
12,850
10,595
11,972
Legal and audit
14,400
11,201
26,962
Licenses
4,640
4,688
5,008
Gas
5,600
5,142
4,888
Miscellaneous
5,760
6,584
6,715
Outside services
21,090
38,766
22,227
Postage, printing and stationery
11,700
6,216
8,286
Salaries and benefits
484.783
425,214
387,114
Telecommunication
12.600
12,424
12,318
Travel and training
9,850
14,292
9,828
Water heating charges
2,850
4,530
2,058
646.671
586,595
552,874
Operating deficit for the year
(399.393)
(419,357)
(403.423)
Operating expenses not paid directly by
the Centre
Real estate tax
91,155
79,809
89,368
Management fee
179,594
177,744
176,073
Electricity
40,408
40,723
39,616
HVAC utility/maintenance
107.658
118,732
105,547
418.815
417,008
410.604
Total expenses
1,233,326
1,207,556
1,191.960
Total deficit for the year
$ 818,208)
$ 8( 36,365}
$ 814,027
Approved by
Mayor
Councillor
See accompanying notes to the financial information.
Cl
59
The City of Saint John
Saint John Trade and Convention Centre
Notes to the financial information
December 31, 2013
1. Revenue
Under the terms of the management agreement dated June 1, 1984, with amendment dated
September 22, 2004, Hilton Canada Co. pays to the Centre a percentage of gross revenue for
food and beverage with cost of sales, including product and labour costs, being the
responsibility of Hilton Canada Co.
The Centre is responsible for all other operating costs.
2. Management agreement -- Saint John Trade and Convention Centre
This financial information has been prepared in accordance with the provisions of the
management agreement between the City of Saint John (the "City ") and Hilton Canada Co.
The Centre is leased by the City and managed by Hilton Canada Co. under an amended
agreement dated September 22, 2004. The original agreement dated June 1, 1984, had a 20
year term with options to renew for three consecutive 10 year penods. Two 10 year renewal
periods remain. According to the terms of this agreement, the City is responsible for the
operating loss of the Centre. In addition to the operating loss under this agreement, the City
incurs common area costs and management fees which are reflected in the general operating
fund of the City.
With the establishment of the Greater Saint John Regional Facilities Commission in 1998,
operating deficits, management fees and property taxes included in common area costs are
shared with the municipalities making up the Greater Saint John Regional Facilities
Commission. These costs are allocated in proportion to the tax bases of the municipalities.
3. Recording of assets and liabilities
The City's investment in the structure and related equipment, furnishings and fixtures is
reported on the capital and loan fund balance sheet of the City.
4. Greater Saint John Regional Facilities Commission Act
Under the regional Greater Saint John Regional Facilities Commission Act, pursuant to 87(2)(a)
of the Municipalities Act, councils of the participating communities of Grand Bay Westfield,
Quispamsis, Rothesay and Saint John are required to pay contributions towards the operation
of regional facilities, which include the Centre. The amount of contribution is calculated on the
net operating cost for each facility covered under the Municipalities Act, in proportion to the tax
base of the contributing community.
4
•1
The City of Saint John
Saint John Trade and Convention Centre
Notes to the financial information
December 31, 2013
5. Due to (from) the City
2013 2012
Working capital advanced by the City
Current year $ 370,036 $ 414,106
Prior year's balance 10[ 8,710} 11( 9,393)
261,326 294,713
Less: operating deficit for the year 41 9 357 403.423
Due from the City $ (158,031 $ (108,71
The amount due to (from) the City is represented by
Operating bank account $ 208,376 $ 19,090
Trade and capital accounts receivable 495,741 98,691
Prepaid expenses 5.677 1.484
709,794 119,265
Less: trade accounts payable 867.825 227.975
$ 15�8,031) $ 108710
6. Budget figure
The 2013 budget figures that are presented for companson with the actual figures were provided by
the Centre's management and have not been audited.
5
61
REPORT TO COMMON COUNCIL
M &C- 2014 -121
July 9, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Initiate Stop -Up and Close Portion of Spruce Avenue
City of Saint John
On June 9, 2014 Common Council adopted a resolution contained in a report (M & C
#2014 -83) to set the Public Hearing date for the consideration of the closure of a portion
of Spruce Avenue and to authorize the necessary advertising to consider such. The
Public Hearing date was set for July 7th, 2014. However, due to an administrative error,
the item was not placed on the agenda for the above noted Council meeting.
The purpose of this report is to request Council to once again set the Public Hearing date
and to authorize the necessary advertising required in order to consider the By -law
amendment to close a portion of Spruce Avenue.
If Council is in agreement, the following recommendation would initiate the process for
the consideration of a street closure for this section of public street.
RECOMMENDATIONS:
That the Public Hearing for the consideration of the passing of a By -law to Stop
Up and Close a 1,268 square metre portion of Spruce Avenue be set for Monday,
August 18, 2014 at 6:30 p.m. in the Council Chamber; and
2. That Common Council authorize the publishing of a notice of the intention to
consider passing of such By -law identified above.
Respectfully submitted,
Curtis Langille, BA
Real Estate Officer
Gregory J. Yeomans, CGA, MBA
Commissioner
Finance and Administrative Services
62
Brian Irving, BBA
Manager Real Estate
Patrick Woods, CGA
City Manager
RPW-
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Coordonnees du Systeme du NB
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Survey PlanlPlan D'Arpentne;
Portion of /Une
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Spruce Avenue
Avenue Spruce Avenue, Saint John
Saud John County, NB
.aW€dw.:,aeo
DON -MORE
SURVEYS
Swwng S.Y1hew New lirl.w,.# akn 1379
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Notes
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Purpose of PlanlBut du Plan
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N
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�i
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Spruce Avenue
Avenue Spruce Avenue, Saint John
Saud John County, NB
.aW€dw.:,aeo
DON -MORE
SURVEYS
Swwng S.Y1hew New lirl.w,.# akn 1379
Dwg: 14020SP
REPORT TO OA11\10N COUNCIL
M &C -2014 -119
July 4, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Tenders for Sodium. Hypochlorite NaOCI — 2014- 681002T &
Liquid Chlorine 2014- 681003T
BACKGROUND:
Sodium Hypochlorite (Liquid)
City of Saint John
Sodium Hypochlorite is used for chlorination in the Water Treatment process.
Chlorination is a method to disinfect water to allow for human consumption as
drinking water. Its purpose is to prevent the spread of waterborne diseases by
eliminating any pathogens that may be present in the water supply or distribution
system. Sodium Hypochlorite is used at the Spruce Lake Water treatment facility,
Harbor-view Subdivision Wells and at various storage tanks around the city.
For clarification purposes, two options for product concentrations were requested
as a requirement of this tender; up to 24 Tonne shipments of 15% product
concentration and/or up to 30 Tonne shipments of 12% product concentration.
When staff calculated the bids on the basis of cost for each concentration
(cost/kg / %), it was determined that the lowest compliant bid was offered by
LAVO Inc. as indicated on the attached summary.
Chlorine Gas
Chlorine Gas is also used for chlorination in the City of Saint John Water
Treatment process. The 2000 lb. cylinders are used solely at the Latimer Lake
Water Treatment Facility while the 150 lb. cylinders are used at the Somerset
Water Pumping Station.
65
M &C -2014 -119 -2-
July 4, 2014
Brenntag Canada Inc. was the only company that chose to submit a tender for
Liquid Chlorine. The tender submission was reviewed by staff and was found to
be complete in all regards.
INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT:
Public tender calls for the supply of Sodium Hypochlorite and Liquid Chlorine
were issued and closed on the following dates:
• Sodium Hypochlorite — Issued on May 26th, 2014 and closed on
June 11th, 2014
• Chlorine Gas - Issued on June 11th, 2014 and closed on June 25th,
2014.
Three companies responded to the tender call of Sodium Hypochlorite and only
one company responded to the tender call of Liquid Chlorine by submitting bids.
The results are as follows (excluding HST):
Chlorine Gas:
TrsC(uszre OJ H31
Chlorine Gas:
ALPHA
CHEMICALS LTD.
LAVO INC.
SCP
DISTRIBUTORS
CANADA INC.
Approx. 300 Tormes
$ 0.29!kg
$ 0.24ikg
$ 0.296 Ag
of Sodium
2
TONNES CHLORINE IN 900 KG (2000 LB)
CONTAINERS.
$ 1.69 /kg
Hypochlorite 12%
1.22 S.G.
S.G.
1.168 S.G.
Purity
.175
Approx. 240 Tonnes
$ 0.315/kg
$ 0.30 /kg
$0.327./kg
of Sodium
Hypochlorite 15%
1.24 S.G.
1.205S.G.
1.21 S.G.
Purity
TrsC(uszre OJ H31
Chlorine Gas:
"L" Xclusive o) H. l
Staff of Materials Management have reviewed both of these tenders and have
found them to be complete and formal in every regard. Staff believes that the low
tenderers, LAVO Inc. for Sodium Hypochlorite and Brenntag Canada Inc. for
Liquid Chlorine have the necessary resources and expertise to perform the work,
and recommend acceptance of their tender.
..
BRENNTAG
CANADA INC.
ITEM
DESCRIPTION
UNIT PRICE
1
CHLORINE IN 68 KG (150 LB) CYLINDERS.
$ 2.84 /kg
2
TONNES CHLORINE IN 900 KG (2000 LB)
CONTAINERS.
$ 1.69 /kg
"L" Xclusive o) H. l
Staff of Materials Management have reviewed both of these tenders and have
found them to be complete and formal in every regard. Staff believes that the low
tenderers, LAVO Inc. for Sodium Hypochlorite and Brenntag Canada Inc. for
Liquid Chlorine have the necessary resources and expertise to perform the work,
and recommend acceptance of their tender.
..
M &C- 2014 -119
July 4, 2014
-3-
The above process is in accordance with the City's Procurement Policy and
Materials Management support the recommendation being put forth.
FINANCIAL IMPLICATIONS:
It is estimated, based on previous year's consumption and the unit prices bid, that
the City will spend approximately $189,000 to purchase Sodium Hypochlorite
and $166,000 to purchase Chlorine Gas.
These are planned expenditures and as such funds are provided in the annual
Operating Budget.
RECOMMENDATIONS
It is recommended that the tenders for the establishment of supply agreements for
chemicals used to treat the City's potable water supply be awarded to the lowest
bidder, LAVO Inc. for Sodium Hypochlorite and Brenntag Canada Inc. for Liquid
Chlorine.
Respectfully submitted,
Kendall Mason, P. Eng. , PMP
Deputy Commissioner, Saint John Water
zvz� Ci1�
Wm. Edwards, P. Eng.
Commissioner, Saint John Water
67
J. Patrick Woods, CGA
City Manager
REPORT TO COMMON COUNCIL
July 14, 2014
M &C2014 -128
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Regent Street On- Street Parking
BACKGROUND
E`�S tij
The City of Saint johns
At its November 7, 2011 regular meeting, Common Council of The City of Saint John resolved
the following:
That the letter [attached] from Kirby Lucas regarding parking on Regent Street be referred to the
City Manager.
ANALYSIS
City staff completed a site visit in May 2014 to assess the on- street parking concerns expressed in
the resident's letter. The section of Regent Street from Park Avenue to Edith Avenue is quite
narrow at approximately 7.4 metres wide. Continuing to allow parking on both sides of this
section of Regent Street would only allow approximately 2.6 metres of road width for two driving
lanes, far less than 6.0 metres for two 3.0 metre lanes, being the recommended minimum width
for a residential street. A width of 5.0 metres for two driving lanes would remain by eliminating
parking on one side of this street, which is also less than the 6.0 metres recommended.
A knoll near the Park Street end of the street section would make it difficult for a motorist heading
toward Park Street to see and remain out of the way of an oncoming vehicle while trying to
navigate around parked vehicles.
Removing some on- street parking on this section of Regent Street
as follows would ease the issues observed during staff's site visit
and expressed in the resident's letter:
• Stop allowing parking on the east side of Regent Street
from Edith Avenue to approximately 54 Regent Street at
any time (blue line on the map to the right), and
• Stop allowing parking on either side of the street from
Park Avenue to approximately 54 Regent Street at any
time (red line on the map to the right).
68
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f
s
4 ++�0�1
6 °
o �
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p *�. de
M &C2014 -128
July 14, 2014
Page 2
This solution would maintain 4 -5 on- street parking spaces on the west side of this section of
Regent Street except during overnight winter periods. The signs limiting on- street parking to no
more than four hours at a time that are already on this section of the street would remain.
INPUT FROM OTHERS
The resident cited concern with the ability for fire trucks to travel along this section of Regent
Street. Staff sought and included input from the Saint John Fire Department as part of this
investigation.
The Fire Department uses a section of the National Building Code (3.2.5.6. Access Route Design)
as the basis for determining adequacy of
available road width for their apparatus..
This section of the Code indicates a road
should "have a clear width not less than 6
m, unless it can be shown that lesser widths
are satisfactory." Because continuing to
permit parking on one side of the street
would cause the available road width to be x
approximately 5 metres instead of the 6 lll��ii
metres recommended, a site assessment
using one of the Fire Department's larger
apparatus was undertaken to determine if
the lesser width was satisfactory. At the
conclusion of the assessment the Fire
Department recommends parking be permitted on one side of Regent Street. A letter from the
Fire Department is attached. The picture above shows how much of the width of Regent Street is
taken up by a Fire apparatus and one on- street parked vehicle in summer conditions.
COMMUNITY INPUT
City staff sought the input of 13 residents on the Edith Avenue to Park Avenue block of Regent
Street via the attached letters and survey. Ten residents responded to the survey with mixed
opinions, summarized in the table below:
Opinion
Number of residents
Summary of supporting details provided
su ortin g Opinion
Disagree with proposal
3
Don't have enough room in driveway for
support worker, visiting family. There are
no issues currently including at the knoll in
road. Issue in the winter resolved with
parking ban. Not a lot of traffic.
Agree with proposal
3
Concern at the knoll in the road. Street too
crowded with parking on both sides.
Agree except wants
2
1 Needs nearby on- street parking for a tenant.
.•
M&C2014 -128
July 14, 2014
Page 3
parking one side on the
knoll
Wants all on- street
2
Difficult to plow street. Street too crowded.
parking removed
Concern at the knoll in the road. All houses
have driveways. Child needs to walk in
middle of the street.
CONCLUSIONS
Providing on- street parking for the need or convenience of adjacent property owners must be
balanced with the other uses of a City street including the safe flow of traffic and specifically
emergency vehicles. Allowing parking on only one side of a portion of this block of Regent
Street and no parking at all on the knoll of the road as proposed maintains some availability for
property owners who need it while appreciating a lack of convenient "front door" parking for
some. This solution enhances the safety of traffic and emergency access for any residents who
may need it.
Community input was mixed at best. Thoughtful points were made by residents along the
spectrum of opinions.
RECOMMENDATIONS
City staff recommends that Common Council direct the City Solicitor to place the following
Amendments to the City's Traffic By -Law in properly formatted and translated form for Common
Council's consideration:
• Add Regent Street with limits Edith Avenue to 54 Regent Street, East side, to Schedule B
(No Parking Anytime) and,
• Add Regent Street with limits Park Avenue to 54 Regent Street, Both sides, to Schedule B.
Respectfully submitted,
l
/,Y/
It
Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
Win. Edwards, P. Eng.
Commissioner,
Transportation and Environment Services
70
R. Kevin Rice, BSc., C.E.T.
Deputy Commissioner,
Transportation and Environment Services
J. Patrick Woods, CGA
City Manager
M &C2014 -128
July 14, 2014
Page 4
June 9, 2014
Dear Resident of Regent Street,
RE: INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON REGENT STREET
Aussi disponible en fran�ais. Composez le 658 -4455.
At its November 7, 2011 regular meeting, Common Council of The City of Saint John resolved the
following:
That the letter from Kirby Lucas regarding parking on Regent Street be referred to the City
Manager.
A copy of this letter is attached.
recently visited the street. The section of Regent Street from Park Avenue to Edith Avenue is quite
narrow at approximately 7.4 metres wide. In addition, the knoll toward the Park Street end of the street
section would make it difficult for a motorist heading toward Park Street to see and remain out of the
traffic lane of an oncoming vehicle while trying to navigate around a parked vehicle.
Removing some on- street parking on this section of Regent Street as follows would ease the issues I
observed during my visit:
• Stop allowing parking on the east side of Regent Street from Edith Avenue to approximately 54
Regent Street at any time (blue line on the map on top of the next page),
• Stop allowing parking on either side of the street from Park Avenue to approximately 54 Regent
Street at any time (red line on the map on top of the next page), and
• Continue to not allow parking overnight during the winter months on any part of this section of
Regent Street to assist snow clearing activities.
This solution maintains 4 -5 on- street parking spaces on the west side of this section of Regent Street
except during overnight winter periods. The signs limiting on- street parking to no more than four hours
at a time that are already on this section of the street would remain.
71
M &C2014 -128
July 14, 2014
Page S
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°per a� ?zAJ ` nt4`s�SartPy
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We value the input of citizens as part of this decision - making process. We would like to hear from you
about what you think about these proposed solutions.
A survey is attached to this letter that you can fill out and provide back to me. Space is provided for any
additional input you would like to communicate.
You can provide your input in one of three ways:
1. By e -mail to municipaloperations @saintiohn.ca
2. By phoning 658 -4455
3. By handwriting your responses on the attached form and mailing to:
The City of Saint John
PO Box 1971
Saint John, NB E2L 4L1
Attention: Tim O'Reilly
Whichever method you choose, please reference "Regent Street Parking" so we can separate your input
from other correspondences. Please provide or mail your responses by June 27, 2014.
Sincerely,
Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
72
M &C2014 -128
July 14, 2014
Page 6
INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON REGENT STREET
JUNE 2014
Question 1: What is your name?
Question 2: What is your address?
Question 3: What is your phone number?
Question 4: Do you need to park any of your vehicles on Regent Street between Park Avenue and Edith
Avenue? (Circle one)
Yes / No
Question 5: If you answered yes to question 4, how many vehicles do you need to park on this section of
Regent Street?
Question 6: If you answered yes to question 4, could you instead park your vehicle(s) in another off - street
location or on one of the other near -by streets?
Yes / No
Question 7: What do you think of the proposed changes to reduce the amount of on- street parking?
(circle one)
Don't make the changes / Make the changes
73
M &C2014 -128
July 14, 2014
Page 7
Question 8: Do you have any other input to provide on this subject?
You can provide this input in one of three ways:
1. By e -mail to municipaloperations @saintiohn.ca
2. By phoning 658 -4455
3. By handwriting your responses and mailing to:
The City of Saint John
PO Box 1971
Saint John, NB E2L4L1
Attention: Tim O'Reilly
Reference "Regent Street Parking"
74
M &C2014 -128
July 14, 2014
Page 8
June 16, 2014
Dear Resident of Regent Street,
RE: SUPPORTING LETTER FOR INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON
REGENT STREET
Aussi disponible en franpis. Composez le 658 -4455.
We recently hand delivered a letter dated June 9, 2014 to you and your neighbours that live on your block
of Regent Street. I had indicated in that correspondence that a letter provided to Common Council from
an area resident would be attached to the back of the June 9, 2014 letter. This citizen letter was not
attached. I have attached the citizen letter to this correspondence.
As a reminder, please respond to the survey included in my June 9, 2014 letter by June 27, 2014 if you
wish to provide input.
Sincerely,
Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
75
M &C2014 -128
July 14, 2014
Page 9
October 19, 20l 1
1,01,11C Mayor and Cooncillots of the Citly of Saint John
Rc: R.cgcnt Street Parking
At dic public inoeting, in 2008, fbr the l'a`t %ard I cxrreswcd concern to Councillor Cncok that
�
parking on the stion of Rcgcm Scrcrt bvwccn l'ar1, Avenue and Edith A-cm4c presented. a
traitic prublcrn, r,pccially it) the winter,
Ire width of this Immicilarsmtion of'Reg t Start is 7.21 maters, curl: to curl). The width of the
portion of Regent Street `lets °ccn 1•.datat Avenuc and C ourtcnay A%cnuc is a proper residcntial
street width of 9.27 rricters, curb Lu cures.
Presently, there are si};ns on the west side of Regent Street, bct.c•ccn Ptak and With Avenues
a hicli callow two hour parking. Vchicles also Karl, on the cast side of the stmt as there arc no
signs indicating whether parkiig is perinituNI or not When vehicles arc paricecl on each side of
the s+trcct, across frurn cacti other. this results tit a --m0c lane rentAining for moving vNctcs clue
to the n immne:s� of tlil% section cal" Rcyttit SL uet !1 picture is included to -4io w this,
This narrowness often mstrlts in Ychicics ine:ctir g nosc -torn w when yr mIcs travullin,g in
opposite dircclions peeve to go anound paiked vrhicIcs. '1'lhi.5 is 1.mrii ;ularlj bad \vhcn the vehicle.;
mect at vhc Mini knoll of the strrcet. The narrowness of the street txcomrs viarse in the winter as
lrleaw•cd Snow encroaches can the road, up to 600 millinicters on both �-idv`s ofthc street as the
winter goes urn. The narrow lane rumnining becomes a particular problem fbr tearer vehicle, such
,►s fire trucks. rail delivery trucks .and school buses, to name a fm,. In facl, a ricighbour c:ontncted
the lire department regarding the Iseilblem %,N lien vchi:les mxrc Nrkod across from each other. on
i.i vest igatton it was found that the fb' truck would nut lx able to travel lretwoen the pwhcd
vChicles.
'L; mduce the problem I strongl , setg, rt that "fit? Parking" Sirens be erected on the east side o '
the lx mon of lttgcm Street bcv.%ecta L'ark and F.d0h A\,mic— 11 would also be cif benefit if
parkme, :s nor permitted um thr Hr%t safe tiiwing the Hinter moriths.
I ferng fize that financial restraint do not allow the 611 to act urt rtiLry probiertr, brit I btlicve
this one should be address -W Nfore the cvmaig wither.
Regards,
V
K brat' Lucas
49 Rc80111 Strict
76
M &C2014- 128
July 14, 2014
Page 10
Date July 8, 2414
TimothyD. O'Reilly, P.Eng..M.Se.E.
Traffic Engineer
Manager. Pedestrian& Traffic Serb =ices
The City of Saint John
Tim.
Reviewing our emergency access on Creighton Ave and Regent Street, the
Saint John Fire Department has no objections to permitting parking on one
(1) side of the street only.
Allowing parking on both sides of Creighton A -s-e and Regent Street would
not allow enough room for emergency vehicles to pass through.
If I can be of further assistance please do not hesitate to contact me.
Regards.
Mark Wilson
Division Chief
Saint John Fire Department
Fire Prevention & Investigation Division
Office 658 -4551
Fax 658 -4557
77
SAINT JOHN FIRE DEPARTMENT
45 Leinster Street°
Swint John, N.B. E21- 1 H9'
1
'
(506) fi58 -2963
Fax: (506) 658 -4557
%,rw ►a�
Marls Wilson�a,,
Fire Prevention Division
Date July 8, 2414
TimothyD. O'Reilly, P.Eng..M.Se.E.
Traffic Engineer
Manager. Pedestrian& Traffic Serb =ices
The City of Saint John
Tim.
Reviewing our emergency access on Creighton Ave and Regent Street, the
Saint John Fire Department has no objections to permitting parking on one
(1) side of the street only.
Allowing parking on both sides of Creighton A -s-e and Regent Street would
not allow enough room for emergency vehicles to pass through.
If I can be of further assistance please do not hesitate to contact me.
Regards.
Mark Wilson
Division Chief
Saint John Fire Department
Fire Prevention & Investigation Division
Office 658 -4551
Fax 658 -4557
77
REPORT TO COMMON COUNCIL
July 14, 2014
M &C2014- 127
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Creighton Avenue On- Street Parking
BACKGROUND
1
The City of saint Jolm
Members of the Champlain Heights Community Association have expressed concern with how
narrow Creighton Avenue becomes when vehicles are parked on both sides of the street,
particularly as it relates to the access for emergency vehicles. A request to City staff to
investigate the removal of some on- street parking was made.
ANALYSIS
City staff completed a site visit in May 2014 to assess the on -street parking concerns expressed
by the citizen group. Creighton Avenue is quite narrow, ranging from 7.1 metres to 7.3 metres
wide. With two vehicles parked directly across from each other, only one vehicle lane of
approximately 2.3 metres wide would remain, far less than 6.0 metres for two 3.0 metre lanes,
being the recommended minimum width for a residential street. A width of 4.7 metres for two
driving lanes would remain by eliminating parking on one side of this street, which is also less
than the 6.0 metres recommended.
In addition, the curve in the road in the vicinity of 52 to 62 Creighton Avenue is quite sharp
making navigation and viewing other vehicles around it more difficult.
Removing some on- street parking on Creighton Avenue as
follows would ease the issues observed during staff's site visit
and expressed by the Association:
• Stop allowing parking on the east side of Creighton
Avenue at any time (blue lines on the map to the right),
and
• Stop allowing parking on either side of Creighton Avenue
between 52 Creighton Avenue and 62 Creighton Avenue
at any time (red line on the map to the right).
%°
ROS+da�. Lc- 3.e
Gp
d�
9�
wE �
This solution would maintain some on- street parking spaces on the west side of this section of
Creighton Avenue except during overnight winter periods.
M &C2014- 127
July 14, 2014
Page 2
INPUT FROM OTHERS
The Community Association cited concern with the ability for emergency vehicles to travel
along Creighton Avenue. Staff sought and included input from the Saint John Fire Department
as part of this investigation provided they have the largest vehicles of the emergency services.
The Fire Department uses a section of the National Building Code (3.2.5.6. Access Route
Design) as the basis for determining adequacy of available road width for their apparatus. This
section of the Code indicates a road should "have a clear width not less than 6 m, unless it can be
shown that lesser widths are satisfactory." Because continuing to permit parking on one side of
the street would cause the available road width to be approximately 4.7 metres instead of the 6
metres recommended, a site assessment using one of the Fire Department's larger apparatus was
undertaken to determine if the lesser width was satisfactory.
At the conclusion of the assessment the Fire Department
recommends parking be permitted on one side of Creighton ¢ _i
Avenue. A letter from the Fire Department is attached. The
picture to the right shows how much of the width of
Creighton Avenue is taken up by two on- street parked
vehicles in summer conditions with the narrow space that
would remain for a Fire apparatus. Available space would
be further limited in winter conditions.
COMMUNITY INPUT
City staff sought the input of 50 residents of Creighton Avenue via the attached letter and survey.
Thirteen residents responded to the survey. The below table summarizes the opinions provided:
Opinion
Number of residents
Summary of supporting details
supporting Opinion
rovided
Disagree with proposal
2
Motorists should use common sense
when parking. Parking on both sides
of the street does not happen often.
Disagree with removing
1
parking from one side of the
street but agree with not
allowing any parking on the
sharp curve
Agree
9
Blocked sight lines. Narrow street.
Difficult for pedestrians. Vehicles
can't pass each other while driving.
Difficulty getting out of driveway.
Spill over parking from the school.
Agree but wants alternate
1
inconvenience should be shared by all.
side parking similar to
Uptown
79
M &C2014 -127
July 14, 2014
Page 3
Additional concern was expressed by two responding citizens about parking near and within the
intersection of Creighton Avenue with York Street and Rosedale Crescent. The Provincial
Motor Vehicle Act prohibits parking within an intersection and staff can address this concern
through on- street No Parking signage without the need for a Traffic By -Law Amendment.
CONCLUSIONS
Providing on- street parking for the need or convenience of adjacent property owners must be
balanced with the other uses of a City street including the safe flow of traffic and specifically
emergency vehicles. Allowing parking on only one side of a portion of this block of Creighton
Avenue and no parking at all at a sharp curve in the road as proposed maintains some availability
for property owners who need it while appreciating a lack convenient "front door" parking for
some. This solution enhances the safety of traffic and emergency access for any residents who
may need it.
The majority of the residents who provided input supported staff's proposal.
RECOMMENDATIONS
City staff recommends that Common Council direct the City Solicitor to place the following
Amendments to the City's Traffic By -Law in properly formatted and translated form for
Common Council's consideration:
• Add Creighton Avenue with limits Champlain Drive to Rosedale Crescent, East side, to
Schedule B (No Parking Anytime) and,
• Add Creighton Avenue with limits 52 Creighton Avenue to 62 Creighton Avenue, Both
sides, to Schedule B.
Respectfully submitted,
Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
Wm. Edwards, P. Eng.
Commissioner,
Transportation and Environment Services
:1
/1. 1�
R. Kevin Rice, BSc., C.E.T.
Deputy Commissioner,
Transportation and Environment Services
J. Patrick Woods, CGA
City Manager
M &C2014 -12.7
July 14, 2014
Page 4
June 9, 2014
Dear Resident of Creighton Avenue,
RE: INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON CREIGHTON AVENUE
Aussi disponible en frangais. Composez le 658 - 4455.
Area residents have expressed concern that vehicles are parking on the two sides of Creighton Avenue
directly across from each other. A specific concern relates to the inability for emergency vehicles to pass
between these parked vehicles.
Creighton Avenue is quite narrow, ranging from 7.1 metres to 7.3 metres wide. With two vehicles
parked directly across from each other, one vehicle lane of approximately 2.3 metres wide would
remain.
In addition, the curve in the road in the vicinity of 52 to 62 Creighton Avenue is quite sharp making
navigation and viewing other vehicles around it more difficult.
Removing some on- street parking on Creighton Avenue as follows would ease these issues:
• Stop allowing parking on the east side of Creighton Avenue at any time (blue lines on the map
on top of the next page), and
• Stop allowing parking on either side of Creighton Avenue between 52 Creighton Avenue and 62
Creighton Avenue at any time (red line on the map on top of the next page),
These solutions maintain on- street parking on the west side of Creighton Avenue for any residents who
need it. Note however that parking overnight during the winter months would continue to not be
allowed as is the case on most City streets.
EM
M &C2014- 127
July 14, 2014
Page 5
We value the input of citizens as part of this decision - making process. We would like to hear from you
about what you think about these proposed solutions.
A survey is attached to this letter that you can fill out and provide back to me. Space is provided for any
additional input you would like to communicate.
You can provide your input in one of three ways:
1. By e -mail to municipa lope rations @saintiohn.ca
2. By phoning 658 -4455
3. By handwriting your responses on the attached form and mailing to:
The City of Saint John
PO Box 1971
Saint John, NB E21L 4L1
Attention: Tim O'Reilly
Whichever method you choose, please reference "Creighton Avenue Parking" so we can separate your
input from other correspondences. Please provide or mail your responses by June 27, 2014.
Sincerely,
Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
LIM
M &C2014- 127
July 14, 2014
Page 6
INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON CREIGHTON AVENUE
JUNE 2014
Question 1: What is your name?
Question 2: What is your address?
Question 3: What is your phone number?
Question 4: Do you need to park any of your vehicles on Creighton Avenue? (Circle one)
Yes / No
Question 5: If you answered yes to question 4, how many vehicles do you need to park on Creighton
Avenue?
Question 6: If you answered yes to question 4, could you instead park your vehicle(s) in another off -
street location or on one of the other near -by streets?
Yes / No
Question 7: What do you think of the proposed changes to reduce the amount of on- street parking?
(circle one)
Don't make the changes / Make the changes
M &C2014 -127
July 14, 2014
Page 7
Question 8: Do you have any other input to provide on this subject?
You can provide this input in one of three ways:
1. By e -mail to municipaloperations @saintiohn.ca
2. By phoning 658 -4455
3. By handwriting your responses and mailing to:
The City of Saint John
PO Box 1971
Saint John, NB E2L 4L1
Attention: Tim O'Reilly
Reference "Creighton Avenue Parking"
EM
M &C2014 -127
July 14, 2014
Page 8
SAINT JOHN FIRE DEPARTMENT
Za '�",
45 Leinster Street
Swint John, N.B. E21- 1 H9
(506) 658 -2963
a - o
Fax: (506) 658 -4557
"'�, o��•
101rn• ¢C.
Mark Wilson
Fire Prevention Division
Date Jul- 8, 2014
Timothy D. O 'Reilly, P.Eng.,M.Sc.E.
Traffic Engineer
Manager, Pedestrian & Traffic Services
The City of Saint John
Tim,
I
t ?io�tx �i1��'a
Re- viewing our emergence access on CreightonA -*=e and Regent Street, the
Saint John Fire Department has no objections to permitting parking on one
(1) side of the street only.
Allowing parking on both sides of Creighton Ave and Regent Street would
not allow enough room for emergency vehicles to pass through.
If I can be of furtherassistance please do not hesitate to contact me.
Regards.
dark Wilson
Division Chief
Saint John Fire Department
Fire Prevention & Investigation Division
Office 658 -4551
Fax 658 -4557
EM
REPORT TO COMMON COUNCIL
July 14, 2014
M &C2014 -125
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Champlain Drive On- Street Parking
BACKGROUND
The City of Saint John
Members of the Champlain Heights Community Association have expressed concern about
vehicles parking in the bike lanes on Champlain Drive. A request to City staff to investigate the
removal of on- street parking was made.
ANALYSIS
There is enough road width on Champlain Drive for two driving lanes and two bike lanes or two
driving lanes and one parking lane but not enough for all three uses.
Bike lanes were included as part of the reconstruction of Champlain Drive a few years ago.
Providing facilities for more active forms of transportation such as cycling is supported by
P Ian SJ such as policy TM -11.
Parking in the bike lanes on Champlain Drive would make them inaccessible for cyclists. On-
street No Parking signs to communicate to motorists they are not pennitted to park in the bike
lanes and subsequent Police enforcement if required must be supported by an amendment to the
City's Traffic By -Law.
COMMUNITY INPUT
City staff sought the input of 107 residents on Champlain Drive via delivery of the attached
letters and survey. Twenty -six residents responded to the survey, summarized in the table on the
top of page 2:
M &C2014 -125
July 14, 2014
Page 2
Opinion
Number of residents
Summary of supporting details provided
supporting Opinion
Disagree with
5
Need parking for guests and deliveries.
proposal
Champlain at Grandview Avenue should instead
be closed to remove cut through traffic. Cyclists
rarely use bike lanes, they use sidewalk more
often. Cars are not parked on street very often.
On- street parking acts as a traffic calming
measure.
Agree with
20
Street is too busy, difficult backing in and out of
proposal
driveway, dangerous, other side streets are
available for parking, blind knoll is a particular
concern, hazardous for children playing,
particularly safer in the circle, should not be
parking in a bike lane, road is too narrow,
everyone has a driveway.
Agree except
1
Speeding is the bigger problem.
wants temporary
parking
permitted
Additional comments were provided in some of the surveys submitted. Enforcement of
speeding, cut through traffic including trucks, and on- street parking are needed. Motorists do not
yield as they enter the circle. The bike lanes need to be painted more often and should have
signage.
CONCLUSIONS
Providing on- street parking for the need or convenience of adjacent property owners must be
balanced with the other uses of a City street including provision of facilities for motorized and
active forms of transportation, the latter being greatly supported by P1anSJ.
The majority of residents who responded to a survey supported removal of on- street parking on
Champlain Drive. Some residents disagreed with the proposal while providing well thought
supporting information..
EM
M &C2014 -125
July 14, 2014
Page 3
RECOMMENDATIONS
City staff recommends that Common Council direct the City Solicitor to place the following
Amendment to the City's Traffic By -Law in properly formatted and translated form for Common
Council's consideration:
• Add Champlain Drive with limits York Street to Grandview Avenue, Both sides, to
Schedule B (No Parking Anytime)
Respectfully submitted,
Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
Wm, Edwards, P. ng.
Commissioner,
Transportation and Environment Services
..
R. Kevin Rice, BSc., C.E.T.
Deputy Commissioner,
Transportation and Environment Services
J. Patrick Woods, CGA
City Manager
M &C2014 -125
July 14, 2014
Page 4
June 9, 2014
Dear Resident of Champlain Drive,
RE: INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON CHAMPLAIN DRIVE
Aussi disponible en fran�ais. Composez le 658 -4455.
Area residents have expressed concern that vehicles are parking on Champlain Drive. Bike lanes were
painted a few years ago on Champlain Drive leaving just enough space for two remaining vehicle driving
lanes. Vehicles parked in the painted bike lanes make these lanes unusable for cyclists.
Removing all on- street parking on both sides of Champlain Drive would resolve this issue.
We value the input of citizens as part of this decision - making process. We would like to hear from you
about what you think about this proposed solution.
A survey is attached to this letter that you can fill out and provide back to me. Space is provided for any
additional input you would like to communicate.
You can provide your input in one of three ways:
1. By e -mail to municipaloperations @saintlohn.ca
2. By phoning 658 -4455
3. By handwriting your responses on the attached form and mailing to:
The City of Saint John
PO Box 1971
Saint John, NB E2L 4L1
Attention: Tim O'Reilly
Whichever method you choose, please reference "Champlain Drive Parking" so we can separate your
input from other correspondences. Please provide or mail your responses by June 27, 2014.
Sincerely,
Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
:•
M &C2014 -125
July 14, 2014
Page 5
INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON CHAMPLAIN DRIVE
JUNE 2014
Question 1: What is your name?
Question 2: What is your address?
Question 3: What is your phone number?
Question 4: Do you need to park any of your vehicles on Champlain Drive? (Circle one)
Yes / No
Question 5: If you answered yes to question 4, how many vehicles do you need to park on Champlain
Drive?
Question 6: If you answered yes to question 4, could you instead park your vehicle(s) in another off-
street location or on one of the other near -by streets?
Yes / No
Question 7: What do you think of the proposed change to eliminate on- street parking? (circle one)
Don't make the changes / Make the changes
a
M &C2014 -125
July 14, 2014
Page 6
Question 8: Do you have any other input to provide on this subject?
You can provide this input in one of three ways:
1. By e -mail to municipaloperations @saintjohn.ca
2. By phoning 658 -4455
3. By handwriting your responses and mailing to:
The City of Saint John
PO Box 1971
Saint John, NB E21L 4L1
Attention: Tim O'Reilly
Reference "Champlain Drive Parking"
91
REPORT TO COMMON COUNCIL
M &C2014 -130
July 15, 2014
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: 2014 Fleet Replacement — Tender Awards — Phase 11
BACKGROUND
At its April 28, 2014 meeting, Common Council passed the following resolution:
M
The City of Saint loan
"RESOLVED that as recommended by the City Manager in the submitted report 2014
Fleet Replacement Program Common Council approve the acquisition of vehicle and
equipment as identified in the submitted schedule 1 at a cost not to exceed $3,518,896
plus applicable taxes."
While the tendering of vehicles and equipment is still underway (albeit nearing completion), the
purpose of this report is to make recommendations to award the latest tendered vehicles and
equipment. Please note that the items contained in this report are unrelated to the items approved
by Common Council at its July 7, 2014 Meeting (Phase I items).
Combination Vacuum/Jetter Truck
Saint John Water received approval from Common Council to acquire a new combination
vacuum/jetter truck through the 2014 Water and Sewer Utility Capital Budget (approved
December 9, 2013 (s.12.4)). Procurement for this equipment was carried out as part of the 2014
Fleet replacement program.
The new combination vacuum/jetter truck will be used to fulfil hydro- excavation requirements
for Saint John Water excavation crews locating underground infrastructure, for preventative
cleaning of wet -wells at the wastewater lift stations, and for the flushing of sewers as part of the
sewer video inspection and pipe patch preventative maintenance programs.
Wheel Loader
Transportation and Environment Services use wheel loaders for various tasks throughout the
calendar year including the moving of aggregates, various loose material and for the removal of
snow and ice at City facilities (e.g. works yards, parking lots, etc.). One (1) existing wheel
loader is being replaced with this award recommendation.
92
2014 Fleet Replacement — Tender Awards — Phase II
Report to Common Council, M & C 2014 - 130
INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT
July 15, 2014
Page 2
Materials Management facilitated two (2) separate publically advertised procurement processes
as follows:
1) Request for Proposal (RFP) no. 2014- 232001P for the supply of one (1) combination
vacuum/jetter truck was issued on June 16, 2014 and closed on July 3, 2014 with one
Proponent choosing to submit a proposal as follows:
Joe Johnson Equipment Inc. — Dartmouth, NS
A review committee, consisting of staff from Materials Management, Saint John Water
and Fleet Management reviewed the submission for completeness and compliance with
the RFP requirements and selection criteria consisting of the following:
1. Quality and Completeness — Has the proposal addressed all of the needs raised
by the City? Is the proposal presented in an organized and professional
manner?
2. Equipment and Performance Specifications — Does the proposed equipment
meet the City's specification, warranty and post installation service
requirements?
3. Delivery — Does the proposed delivery timeline meet the City's requirements?
4. Service Response Time — Is the Proponent able to respond to the City's service
requirements within an acceptable timeframe?
S. Value Added — Has the Proponent provided additional and/or innovative
solutions for consideration by the City?
6 Cost — Cost will be a factor, however not the only factor to be considered.
The proposal submitted by Joe Johnson Equipment Inc. met all the requirements set forth
in the RFP at a cost acceptable to staff and within the budgeted amount.
2) Tender no. 2014- 232007T for the supply of one (1) wheel loader was issued on June 18,
2014 and closed on July 9, 2014 with the following submissions (excluding HST):
COMPANY NAME
TENDERED
PRICE
Selco Equipment Sales Ltd.
$232,595.09
Maritime Case Ltd.
$232,995.00
Atlantic Tractors and Equipment Ltd.
$238,656.00
ALPA Equipment Ltd.
$249,370.00
Stron co Ltd.
$262,905.00
93
2014 Fleet Replacement — Tender Awards — Phase II July 15, 2014
Report to Common Council, M & C 2014 - 130 Page 3
FINANCIAL IMPLICATIONS
If awarded as recommended, the cost to supply the following:
1) One (1) combination vacuum/j etter truck; and
2) One (1) wheel loader
will be $647,415.00 plus HST. This is a planned expenditure for which funds are included in the
2014 Fleet Reserve Fund (as previously approved at Common Council's Committee of the whole
meeting on April 28, 2014 (sl2.9)) and the 2014 Water and Sewer Utility Capital Budget (as
previously approved at Common Council's Committee of the whole meeting on December 9,
2013 (02.4)).
RECOMMENDATION
It is recommended that Common Council award the tenders as follows:
1) One (1) combination vacuum/jetter truck at a total cost of $414,820.00 plus HST to Joe
Johnson Equipment Inc.; and
2) One (1) wheel loader at a total cost of $232,595.00 plus HST to Selco Equipment Sales
Ltd.
Respectfully submitted,
Wm. Edwards, P. Eng.
Commissioner
Transportation and Environment Services
J. Patrick Woods, CGA
City Manager
.,
t�
f REPORT TO COMMON COUNCIL
July 15, 2014
Mayor Mel Norton and Members of
Common Council
Your Worship and Councillors:
SUBJECT: Sculpture Saint John — Community Partner Agreement
E x -77 --
City of saint John
The City of Saint John is a financial contributor and Community Partner for the
Sculpture Saint John initiative. The sculptures created are intended to form part
of an international `sculpture trail' for the benefit of tourists and local
communities.
The attached agreement sets out the rights and obligations of the City and
Sculpture Saint John respecting the permanent installation of the piece acquired
in 2012 and installed at the entrance to Rockwood Park.
Recommendation
That Common Council approve the terms of the attached Sculpture Saint John
2012 — Community Partner Agreement and authorize the Mayor and Common
Clerk to sign the agreement.
Respectfully su itted,
1
atrick Woods, CGA
City Manager
95
sculpture
SAINT !iNl1
June 24th, 2014
Original sent by mail
City of Saint John
PO Box 1971
Saint John, NB
E2L 41-1
Attention: Mr. Pat Woods
RECEIVED
JUL o 9 2014
CITY MANAGER
r•I
'e :') To
Dear Mr.! nods: R�
Re: Sculpture Saint John 2012 - Community Partner Agreement
Sculpture Saint John
We are writing to finalize outstanding matters with respect to Sculpture Saint John, 2012 (the
"Symposium "). As you are aware, New Brunswick International Sculpture Symposium Inc.
('We" or "us ") is a registered charity under the Income Tax Act (Canada) that organized the
Symposium during the summer of 2012. The sculptures produced at the Symposium, along with
sculptures produced at future symposia organized by us, are intended to form part of an
international "sculpture trail" for the benefit of tourists and local communities in the Province of
New Brunswick. We collaborate with an organization building a similar trail in the State of
Maine.
The City of Saint John ( "you" or "your,') made a financial contribution in the amount of $10,000
Canadian dollars (the "Contribution ") to us in consideration of becoming a community partner
in the Symposium. As a community partner, you received a sculpture created at the Symposium
(the "Sculpture ") for installation on a permanent basis at a location within your local community.
We are entering into this letter agreement (the "Agreement") with you for the purpose of setting
forth rights and obligations between us and you respecting the Sculpture. In consideration of
your entering into this Agreement, we will deliver a plaque to you identifying the Sculpture and
confirming its affiliation with us.
Our Oblligations
Advice Relating to Maintenance of Sculpture
We will provide advice to you upon request regarding all matters related to the
maintenance of the Sculpture, including proper lighting, and other matters tending to
enhance the artistic merit of the Sculpture for your benefit and for the benefit of the
public.
Delivery of Plaque
2. We will provide you with a plaque identifying the Sculpture and the artist who created it
as well as confirming the Sculpture's affiliation with us. '
_2_
Your Obligations
Maintenance of Sculpture
1. You agree that:
(a) you will keep the Sculpture safely and securely installed at a site and in the
manner within your local community that has been approved by us;
(b) you will securely install the plaque provided by us in respect of the Sculpture in a
location and in a manner approved by us prior to installation;
(c) you will use reasonable efforts to keep the Sculpture in good repair and to
maintain it and the area immediately surrounding it in a clean and aesthetically
pleasing state; and
(d) you will only install fighting for the Sculpture of a type, and in a location or
locations, approved by us prior to installation.
Insurance
2. You confirm that you assumed all liability in respect of the Sculpture a$ and from the
time the Sculpture was removed from the Symposium site to be transported to your local
community for installation (the "Effective Time of Transfer "). You agree to obtain and
maintain suitable insurance coverage in respect of the Sculpture, including insurance
against any future loss or damage to the Sculpture or liability arising in respect of the
Sculpture or its location.
Title to Sculpture
Title to the Sculpture passed from us to you at the Effective Time of Transfer, and (subject to an
Event of Default) this Agreement operates as a confirmatory conveyance, transfer, assignment
and setting over of all of our right, title and interest in and to the Sculpture to you as of the
Effective Time of Transfer.
Term and Termination
The term of this Agreement begins on the date of this correspondence and continues indefinitely
until and unless terminated as provided for in this paragraph (the "Term "). This Agreement
terminates on the occurrence of the earliest of the following dates:
(a) the date mutually agreed to by us and you;
(b) the date of the removal of the Sculpture from your local community following the
occurrence of an Event of Default (as discussed below); or
(c) the date of our corporate dissolution.
Default
We have the right to retake possession and ownership of the Sculpture upon the occurrence of
any of the following events (each an "Event of Default "):
97
-3-W
(a) if you are a body corporate, you cease to exist as a body corporate;
(b) you become bankrupt or insolvent;
(c) if, after 60 days notice from us, you fail to take adequate steps to maintain and/or
repair the Sculpture, its lighting and/or its surrounding amenities;
(d) you transfer or attempt to transfer ownership of the Sculpture to another person
or entity, or you move the Sculpture to another location without our prior written
approval; or
(e) you fail to provide adequate proof of the insurance coverage required by this
Agreement following a request by us for such proof.
If an Event of Default occurs, you agree to do all things and to execute and deliver all deeds,
transfers and conveyances necessary to convey ownership of the Sculpture to us. If you refuse
or otherwise fail to execute or deliver any documents mentioned in the previous sentence within
ten (10) days of us requesting that you do so, you hereby appoint us your attorney to execute
such documents on your behalf. The price payable by us to you for the Sculpture in the event of
an occurrence of an Event of Default is Ten Dollars ($10.00).
General Provisions
Entire Agreement - This Agreement constitutes the entire agreement between us and you with
respect to the subject matter hereof and supersedes all prior agreements, understandings,
negotiations and discussions, whether written or oral. There are no conditions, covenants,
agreements, representations, warranties or other provisions, express or implied, collateral,
statutory or otherwise, relating to the subject matter hereof except as herein provided.
Choice of Law and Jurisdiction - This Agreement is to be construed, interpreted and enforced
in accordance with, and the respective rights and obligations of the parties are governed by, the
laws of the Province of New Brunswick and the federal laws of Canada applicable therein
without reference to conflict of laws principles.
Successors and Assigns - This Agreement enures to the benefit of and is binding on and
enforceable by us and you and our respective successors and permitted assigns. Neither we
nor you may assign any of the rights or obligations hereunder without prior written consent.
Amendment and Waiver - No amendment or waiver of any provision of this Agreement is
binding unless consented to in writing. No waiver of any provision of this Agreement constitutes
a waiver of any other provision, nor does any waiver constitute a continuing waiver unless
otherwise expressly provided.
NEW BRUNSWICK INTERNATIONAL
SCULPTURE SYMPOSIUM INC.
per Diana Alexande
Executive Dir or
-4—
Acknowledged and agreed to this _ day of , 2014.
City of Saint John
per Name:
Title:
..
1
Saint John
Parking Commission
Commission sur
le stationnement de Saint John
July 3, 2014
Mayor Mel Norton and
Members of Common Council
City of Saint John
Stn Floor, City Hall
Saint John, NB
Mayor Norton and Members of Common Council:
RE: Appointment of Jonathan Metcalf
Canadian Corps of Commissionaires
as a By -Law Enforcement Officer
We are requesting that the following resolution be approved:
11 th Floor, City Hall, 11 ieme Etage, Hotel de Ville
P.O. Box 1971 / C.P 1971
Saint John, N.B, /N. -B. E2L 4L1
Tel / T61: (506) 658 -2897
Fax / Te16copieun (506) 649 -7938
E -mail / Courriel: parking@saintjohn.ca
"Resolved that pursuant to Section 14 of the Police Act of the Province of New
Brunswick, the Common Council of the City of Saint John does hereby appoint
the following member of the Canadian Corps of Commissionaires as By -Law
Enforcement Officer with the responsibility and authority to enforce provisions
of the Parking Meter By -Law and the provisions of Section 5 Section 5.1, Section
7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely:
Jonathan Metcalf.
And further, that this appointment shall continue until such time as the
appointee ceases to be a member of the Canadian Corps of Commissionaires or
until the appointment is rescinded by Common Council, whichever comes first."
Yours trt�r,
Ric rd J. Smith
G ral Manager
RJS /vf
www.saintohn.ca
REPORT TO COMMON COUNCIL
E3
M &C2014 -124
July 14, 2014 The City of saint John
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Milford - Randolph- Greendale (MRG) — Sanitary Lift Station "X" Replacement
BACKGROUND
The approved 2014 Utility Fund Capital Program, Infrastructure Renewal - Sanitary" category
includes a project for the renewal of Sewage Lift Station "X" including design and construction
management services.
Sewage Lift Station "X" is located in West Saint John off of Greenhead Road behind civic
address 381. The station is a wet well /dry well style lift station constructed in 1975. The station
has reached the end of its serviceable life and is in need of replacement.
A complete new lift station including pumps, controls and building will be installed to replace
the aging "X" Station.
PURPOSE
The purpose of this report is to make a recommendation for the purchase of a "packaged" lift
station that will replace the existing MRG "X" Station.
INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT
Materials Management facilitated the RFP process to solicit proposals for Packaged Lift Station
Equipment for the MRG "X" Station.
As such a Request for Proposal (RFP) was issued on June 4, 2014 and closed on Thursday, June
26, 2014 with two (2) Proponents submitting responses as follows:
101
M & C 2014 -124
July 14, 2014
Page 2
INPUT FROM OTHER SOURCES CONT'D...
Sansom Equipment Ltd. of Fredericton, NB
Atlantic Purification Systems Ltd. of Dartmouth, NS
A review committee, consisting of staff from Materials Management and Saint John Water
reviewed the submission for completeness and compliance with the RFP requirements and
selection criteria consisting of the following:
1. Qualifications — Proposals were to have provided information of at least two past
installations of a similar size and nature. Service Technicians qualifications were to have
been submitted.
2. Equipment and Performance Specifications — The degree to which the proposed
equipment meets the City's specification, warranty and post installation service
requirements.
3. Warranty — The degree to which the warranty information provided and post installation
services satisfy the requirements to protect Saint John Water's investment.
4. Cost — Cost is a factor, however not the only factor to be considered.
A technical review of the proposals was undertaken and the proposal submitted by Sansom
Equipment Limited was ranked highest as it met all of the technical requirements set forth in the
RFP. Following the technical evaluation, the financial proposals were opened. The proposal
submitted by Sansom Equipment Limited also represents the lowest cost solution to the City. As
such, staff recommend the acceptance of their proposal.
The above process is in accordance with the City's Procurement Policy and Materials
Management support the recommendation being put forth.
FINANCIAL IMPLICATIONS
Funding in the amount of $350,000.00 was provided in the 2014 Utility Fund Capital Program
for the renewal of "X" Station. The cost to supply a packaged lift station is $245,854.10
including HST if awarded to Sansom Equipment Limited as recommended.
102
M &C2014 -X24
July 14, 2014
Page 3
RECOMMENDATION
It is recommended that the proposal for the supply of a packaged sewage lift station for the
renewal of MRG "X" Station, be awarded to Sansom Equipment Limited, at their submitted
price of $245,854.10 including HST.
Respectfully submitted,
1 A A
4VU-1 v4o(L
Pierre LeBlanc, P.Eng.
Municipal Engineer
Wm Edwards, P.Eng.
Commissioner
Transportation & Environment
103
Brian Keenan, P.Eng.
Engineering Manager
&atrick oo ds, CGA
City Manager
Saint John Canada Day Committee
c/o One Market Square
Saint John, NB
E2L 4Z6
(506) 658 -3600
July 3, 2014
City of Saint John
15 Market Square
P.O. Box 1971
Saint John, NB
E2L 4L1
Attention: Mayor and Council
Re: 2014 Canada Day Celebration
Worship, and Council Members,
Now that the 2014 Canada Day Celebrations have concluded, we, on behalf of the
Organizing Committee, extend to you our sincere gratitude for your support.
From the media coverage and comments expressed by participants and spectators, the
event was another outstanding success, With the assistance of Mother Nature, the
weather was sunny and warm, producing ideal conditions for all our Canada Day
activities.
Your continued commitment to our region and its development is the cornerstone for the
prosperity of our community; the potential we see realized day by day, event by event,
each moves us a stride in the course for great change — change that is only possible
thanks to your support.
We look forward to next year's 148th Canada Day Celebrations and your continued
support?
YoVvery
Heather Peterson
The Saint John Canada Day Committee
104
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The City of .Saint John
July 21, 2014
His Worship Mel Norton and
Members of Common Council
Subject: Saint John Branded Merchandise
Currently the public have no access to buy Saint John branded merchandise and are not allowed to sell
Saint John branded merchandise because both the explorer logo and the coat of arms are copyrighted
requiring written permission from the city solicitor's office to be used. The city's brand advertised to the
world is imperative for promotion of tourism and to sell the city while showcasing civic pride. A store, set
up through a 3rd party operator, would provide Saint John residents, businesses and visitors the
opportunity to buy City of Saint John logo branded clothing and other merchandise. The city would not be
required to purchase the merchandise up front to try and resell it, but instead a virtual store would offer a
set variety of items that the public could purchase with the logo to be added. This is the exact same
model that the National Basketball League of Canada uses and others. It eliminates any retail or stocking
of merchandise by the City.
http://www.vourteam.gear.ca/nbl canada site/
Another method would be to allow Saint John businesses to sell approved merchandise with Saint John
logo branded merchandise on it.
Please see attached photos of merchandise examples.
Motion:
Council discuss this and send to the City Manager for information on implementing a way for Saint John
branded merchandise be sold to the public.
Respectfully Submitted,
Ray Strowbridge
Councillor — Ward 4
City of Saint John
(received via email)
SAINT F 1:O1~ N P.O. Box 1971 mint John, N13 Canada E2L �i L �v!!ww �aingohn.ci I C.P. 1971 Saint Jahn, NA. Canada E2L 41-1
a
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110
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July 2, 2014
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Separation of Storm Water from Sewer System
Background:
I would like the Commissioner of Water, through the City Manager, to report back on the issue of
separating storm water from the sewer system when a street is rebuilt in an area of the city that
currently has storm water flowing into the sewer line.
In the older areas of the city the storm water was directed to the sewer line. With the implementation
of the SCDW project, sewage will be pumped through 4 lift stations on its way to RedHead, where it
will be treated. I would like to give consideration to separating storm water from sewage lines by
providing storm laterals to dwellings on streets that are being rebuilt.
We should also consider subsidizing the cost of the building owner portion as the cost of treating
storm water over the next 50 years will be significant.
Apparently the average rainfall over a year is 144mm. A 2000 Sq ft roof will capture several cubic
feet of rain all of which is currently sent to Red Head for treatment.
Motion:
Refer to the Commissioner of Water, through the City Manager, the idea of separating storm water from
sewage whenever a street is rebuilt, and further, that he be directed to provide to Council the relative cost of
unnecessarily treating the storm water.
Respectfully Submitted,
(Received via email)
Donna Reardon
Councillor — Ward 3
City of Saint John
(P4-1
SAINT JOHN
PO. Box 1971 Saint John, NB Canada E2L 40 I www.saintjohn.ca I C.P. 1971 saint John, N. -B. Canada E2L 4L1
73
111
June 30, 2014
Mayor Mel Norton and Members of Common Council
Your Worship and Councillors:
Subject: Letter of Thanks to Irving Companies
Background: As some of Council might know, until recently for the last number of years the JDI group of
companies have been maintaining the grass mediums along the through- way that runs through the middle of
our City. Everyone knows that when they enter a city, the first impressions tend to stick with you about that
city. To help make our City looking its best for visitors and residents alike JDI has also planted a large number of
trees, shrubs and flowers along this same route. All this, as I understand it, at no cost to the residents of Saint
John. Now another company, that plows and maintains the through- way itself is doing this same mowing as
part of their total contract of looking after the highway from St. Stephen to River glade.
Motion: To send a letter of thanks to the Irving group of companies for beautifying the entrances to our great
City and maintaining it for the last number of years.
Respectfully Submitted,
Bill Farren
Councillor (Ward 1)
City of Saint John
l� —
VU
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1
112
July 2, 2014
Mayor Mel Norton and Members of Common Council
Your Worship and Councillors:
Subject: Honourary Street Sign
Background: in some cities honourary street signs are used as a way to honour both current and /or former
citizens. I propose that the City of Saint John explore this concept as it is a great way to honour our citizens at a
minimal cost. An honourary street sign would not require a civic address change as the street would maintain its
original name with an honourary street name placed beside it (see attachment). Once an honourary street sign
program is established, we could ask for submissions from the public.
Motion: That the City Manager be directed to report back on the concept of establishing an honourary street
sign program.
Respectfully Submitted,
Donna Reardon
Councillor (Ward 3)
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
113
i HONORARY
PHILIP M. KLIJUNIU�
—�
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114
max,
July 16, 2014
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Conditional Use Parking Lots
Motion:
That staff provide a report outlining the number of permits for "conditional use parking lots" that have
been issued over the last 10 years throughout the city. Also the number of applications for
demolition, and requests for water shut -offs over the same period of time.
Respectfully Submitted,
(Received via email)
Donna Reardon
Councillor —Ward 3
City of Saint John
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
115
�a. I
REPORT TO COMMON COUNCIS,
July 14, 2014
M &C2014- 126
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Greendale Crescent and Brookview Crescent On- Street Parking
BACKGROUND
7qt 67
The City of Saint John
A few residents in the Greendale area have expressed concern with the amount of vehicles
parking on Greendale Crescent and Brookview Crescent during baseball games at the adjacent
Memorial Field. Although a parking lot near the field is available, it is not as convenient as on-
street parking on these two residential streets particularly for those with mobility challenges.
Excessive narrowing of available driving lanes caused by vehicles parking on both sides of the
street is one of the concerns. This particular concern could be addressed through on- street
parking restrictions.
The concerned residents developed and proposed a solution at a site meeting held on June 8,
2014. No longer allowing on- street parking on the west side of Greendale Crescent from
Brookview Crescent to Valleyview Crescent nor allowing parking on one side of Brookview
Crescent from Greendale Crescent to a distance away from the Greendale /Brookview
intersection was the proposed solution.
A representative of the Zone 6 Baseball
Association was in attendance at the
meeting to understand and provide input
into the proposed solution.
The map to the right shows the location
of Memorial Field relative to the
proposed removal of on- street parking
on Greendale Crescent (in red) and
Brookview Crescent (in blue). It is also
valuable to understand that parking on
the west side of the adjacent section of
Greendale Crescent to the north (in
green) is already not permitted.
wE
S wpb e Memorial
u� y Field
>w X
tiC
,R
116
M &C2014- 126
July 14, 2014
Page 2
ANALYSIS
City staff concurs with the proposal of not allowing parking on the west side of Greendale
Crescent from Brookview Crescent to Valleyview Crescent. There would be a loss of
approximately 9 on- street parking spaces but capacity on the east side of Greendale Crescent for
on- street parking would remain except for a length of 5 metres on either side of a fire
hydrant. This section of Greendale Crescent is 9.7 metres wide, which leaves more than enough
space for one remaining 2.4 metre wide parking lane and two 3.0 metre minimum width driving
lanes for a residential street. Continuing to allow parking on both sides would only leave two
2.45 metre driving lanes, less than the minimum recommended lane width for a residential street.
Maintaining continuity of No Parking signs on the west side of Greendale beyond the Dever to
Brookview block also make sense.
Staff also concurs with the proposal of not allowing parking on one side of Brookview Crescent
from Greendale Crescent to a distance up this street. This section of Brookiew Crescent is 9.4
metres wide, which leaves more than enough space for one remaining 2.4 metre wide parking
lane and two 3.0 metre minimum width driving lanes for a residential street. Continuing to allow
parking on both sides would only leave two 2.3 metre driving lanes, less than the minimum
recommended lane width for a residential street. Based on community feedback, the north side
of this section of Brookview Crescent is the preferred side to stop permitting on- street parking
and staff is supportive of this approach.
COMMUNITY FEEDBACK
Although members of the neighbourhood supported on- street parking restrictions, staff wanted to
ensure the affected residents, being those that live directly on the street blocks in question, were
provided an opportunity to comment on the proposed solution for Council's consideration.
Staff first delivered the attached letter to the residents of 149, 152, 155, 158, 165, 166, 174, 175,
182, 183, 190 and 191 Brookview Crescent as well as 189 Valleyview Crescent. The
overwhelming response was that residents did not have a concern with preventing parking on one
side of both street sections but that preventing parking on the north side of Brookview Crescent
was preferred over the south side.
Staff then attempted to reach out to four of the six residents on this north side of Brookview
(civic #s 149, 155, 165 and 191) that did not originally provide comment on the earlier letter.
Contact was made with all four residents with three confirming they had no concern with
preventing parking on the north side. The one resident who expressed a concern would have
preferred parking continue to be perniitted on both sides as they saw no problem with the current
arrangement or, if parking on one side were to be removed, preferred parking be prohibited on
the south side of the street or a provision for alternate side parking. The two residents not
contacted had commented originally they preferred parking be prohibited on the north side.
117
M &C2014 -126
July 14, 2014
Page 3
The vast majority of residents support staffs ultimate recommendations.
INPUT FROM OTHERS
The City Solicitor has provided for Common Council's consideration at this same meeting a
properly formatted and translated Amendment to the City's Traffic By -Law. This collaboration
would decrease the time required for staff to install the No Parking signs should Council choose
to authorize the Amendment. There was a particular urgency from the concerned neighbours in
this situation.
RECOMMENDATIONS
City staff recommends that Common Council authorize the following Amendments to the City's
Traffic By -Law that are properly formatted and translated in the City Solicitor's report:
• Add Greendaie Crescent with Limits Brookview Crescent to Valleyview Crescent, West
Side, to Schedule B (No Parking Anytime), and
* Add Brookview Crescent with Limits Greendale Crescent to a distance of 143 metres
westerly, North Side, to Schedule B.
Respectfully submitted,
Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
Wm. Edwards, P. Eng.
Commissioner,
Transportation and Environment Services
118
R. Kevin Rice, BSc., C.E.T.
Deputy Commissioner,
Transportation and Environment Services
atrick Woods, CGA
City Manager
M &C2014 -126
July 14, 2014
Page 4
June 24, 2014
Dear Residents of Greendale Crescent and Brookview Crescent,
RE: INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON YOUR STREET
A few residents in your neighbourhood have expressed concern with the amount of vehicles parking on
Greendale Crescent and Brookview Crescent during baseball games at the adjacent Memorial Field.
Although a parking lot near the field is available, it is not as convenient as on- street parking on these
two streets particularly for those with mobility challenges. Excessive narrowing of available driving
lanes caused by vehicles parking on both sides of the street is one of the concerns. This particular
concern could be addressed through on- street parking restrictions.
The concerned residents developed and proposed a solution. No longer allowing on- street parking on
the west side of Greendale Crescent from Brookview Crescent to Valleyview Crescent (side opposite the
ball field) nor allowing parking on the south side of Brookview Crescent from Greendale Crescent to
approximately 152 Brookview Crescent was the proposed solution. Parking on the ball field side of
Greendale Crescent (except in the vicinity of a fire hydrant) and on the north side of Brookview Crescent
would remain available for residents and ball field users. It is also valuable to understand that parking
on the west side of the adjacent section of Greendale Crescent to the north (Dever Road to Brookview
Crescent) is already not permitted.
Although some of your neighbours were involved in developing the solution, not all who live in these
affected two blocks were given an opportunity to provide input, including potentially yourself. If you
have a concern about the proposed solution please call 558 -4455 to express your concern by July 6,
2014. Please reference "Greendale /Brookview Parking" if you choose to call.
Sincerely,
Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
119
REPORT TO COAIMT-ON COUNCIL
City of Saint John
July 14, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Amendment to the Traffic By -Law
On- Street Parking
Greendale Crescent and Brookview Crescent
BACKGROUND:
In a report submitted concurrently, the City Manager recommends amending the
Traffic By -Law such that on- street parking be prohibited on the west side of
Greendale Crescent between Brookview Crescent and Valleyview Crescent and
on the north side of Brookview Crescent between Greendale Crescent and a
point located 143 metres westerly. This recommendation stems from concerns
expressed by residents in the Greendale area regarding the number of vehicles
parking on Greendale Crescent and Brookview Crescent during baseball games
held at the adjacent Memorial Field.
ANALYSIS:
The City draws its authority to regulate parking on public streets from section
113(1)(a) of the Motor Vehicle Act which provides as follows:
"113(1) A local authority may make by -laws as expressly authorized
herein and in addition to the provisions of this Act, but not in conflict
therewith, for:
(a) Regulating the standing or parking of vehicles
120
-2-
July 14, 2014
The City regulates the standing and parking of vehicles within its bounds through
its Traffic By -Law. Section 8 of the Traffic By -Law currently provides as follows:
"8(1) No person shall park a vehicle at the side of the streets or
portions of streets between the limits designated in Schedule "B" to
this By- Law."
Schedule "B" to the By -Law is titled "No Parking Anytime" and lists the streets or
portions thereof where parking is prohibited at all times.
In his report, after having consulted the residents of the Greendale area, the City
Manager recommends adding a portion of the west side of Greendale Crescent
as well as a portion of the north side of Brookview Crescent to Schedule "B" so
as to prohibit parking on those portions of streets at all times.
RECOMMENDATION:
The attached amendment to the Saint John Traffic By -Law will achieve the result
recommended by the City Manager. Common Council may, if it wishes, give it
first and second reading.
Respectfully Submitted,
John L. Nugent
City Solicitor
121
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
ARRETE MODIFIANT L'ARRETE RELATIF
A LA CIRCULATION DANS LES RUES
DANS TAE CITY OF SAINT JOHN tDICTE
CONFORMEMENT A LA LOI SUR LES
VEAICULES A MOTEUR (1973) ET LES
MODIFICATIONS AFFERENTES
Be it enacted by the Common Council of Lors d'une reunion du conseil municipal,
The City of Saint John as follows: The City of Saint John a decrete ce qui suit:
A By -law of The City of Saint John
entitled "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", enacted on the 19"' day of
December, A.D. 2005, is hereby amended as
follows:
1 Schedule B No Parking Anytime - is
amended by adding the following words under the
following headings :
Street Side Limits
Greendale West Brookview Crescent
Crescent to Valleyview Crescent
Brookview North Greendale Crescent
Crescent to 143 metres westerly
IN WITNESS WHEREOF The City of Saint John
has caused the Corporate Common Seal of the said
City to be affixed to this by -law the day
of , A.D. 2014 signed by:
Par les presentes, Farrete de The City of
Saint John intitule « Arrdte relatif a la circulation
dans les rues dans The City of Saint John edicte
conformement a la Loa sur les vehicules d moteur
(1973) et les modifications afferentes >), decrete le
19 decembre 2005, est modifie comme suit:
1 L'Annexe B — Interdiction de stationner en tout
temps -- est modifiee par Fadjonction des mots
suivants sous les titres suivants :
Rues C8te Limites
croissant ouest croissant Brookview
Greendale au croissant Valleyview
croissant nord croissant Greendale
Brookview au A un point situd a
143 m a Fouest
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le present arrete
le 2014, avec les signatures
suivantes :
Mayor /Maire
Common Clerk/greffiere communale
First Reading - Premiere lecture
Second Reading - Deuxieme lecture
Third Reading Troisieme lecture
122
REPORT TO COMMON COUNCIL
M & C 2014 -129
July 15, 2014
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Drilling of Production Scale Test Wells — South Bay
RFP 2014 — 082901P
BACKGROUND
76
The City of Saint John
On June 23, 2014 Common Council adopted a recommendation from M &C 2014 -104 as follows:
"It is recommended that Council authorize staff to develop and issue the "Request for Proposal"
for Phase I1, Production Scale Test Well (PSW) Development to continue on to the next stage of
the Groundwater Supply Exploration Project."
A Request for Proposal (RFP) was advertised from June 25, 2014 to July 10, 2014 to engage a
Well Drilling firm to drill two, 406 mm (16 ") diameter screened and gravel- packed PSW's in the
South Bay area and conduct a long term pump test on each well to determine their production
capabilities.
ANALYSIS
With a comprehensive terms of reference document developed by staff and BGC Engineering
Inc. (BGC), a public call for proposals was issued for well drilling services. The Request for
Proposal (RFP) closed on July 10, 2014 with responses received from the following two well
drilling companies:
• Maritime Water Supply Ltd., Fredericton, NB
• Group Puitbec inc., Victoriaville, PQ
An Evaluation Committee (Committee) consisting of staff from the City's groundwater
consultant - BGC, Materials Management and Municipal Engineering was formed to evaluate
submissions.
123
M &C2014 -129
July 15, 2014
Page 2
Each member completed an independent review of the submissions and a joint discussion was
held to develop the final ranking of submissions. The Committee came to a unanimous
conclusion on their recommendation, which follows later in this report.
The evaluation process uses the expertise of staff from Materials Management and Engineering,
as well as, from the City's Groundwater consultant, BGC to ensure a thorough review of the
received submissions. Care was taken to ensure that the necessary level of effort and expertise is
being directed to the various tasks involved in the work, while still ensuring that costs to be
incurred are appropriate and controllable. It is for these reasons that cost, although very
important, cannot be the sole nor most critical deciding factor in making the selection of the well
drilling firm.
The Committee was tasked with the role of reviewing each submission against the following
proposal evaluation criteria as defined in the proposal call document:
1. Quality & Completeness Has the bidder addressed all of the needs raised? Is the
proposal presented in an organized and professional manner?
2. Vendor's Experience — Has the vendor demonstrated a level of expertise in keeping with
the requirements of this project?
3. Experience of Employees /,Sub- Contractors — Has the bidder demonstrated a level of
expertise for the employees of the company and sub- contractors listed?
4. Methodology — Does the approach to the work, outlined in the bidder's proposal, address,
in a realistic sense, attainable goals and is it in keeping with the City's expectations for
the project?
5. Cost— Cost will be a factor, however, neither the only factor nor the determining factor in
the evaluation of bids.
After careful, independent consideration regarding quality & completeness, the vendor's
experience, personnel and technical expertise as presented in their proposal, the Committee met
to analyze the findings of each member. Following completion of the "technical" evaluation, the
financial proposals (submitted in separate, sealed envelopes) were opened and addressed.
After due consideration, the Committee selected the submission of Groupe Puitbec inc. (Puitbec)
as the best proposal based on an overall rating of the evaluation criteria - presentation, company
experience, personnel, technical proposal and cost.
The submission from Puitbec met all of the requirements of the proposal call, in a manner
acceptable to the Committee, with a cost - effective bid for the project. Further, their financial
proposal represented the lowest cost solution to the City of Saint John.
124
M &C2014 -129
July 15, 2014
Page 3
Puitbec's proposal scored the highest overall, offering the best overall solution for the City with
the most comprehensive methodology and approach, a project schedule to meet project
expectations and highly experienced and qualified project team members.
INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT
Materials Management facilitated the RFP process. In accordance with the City's policies and
procedures, separate assessments of the technical and financial aspects of the submissions were
undertaken by the evaluation committee members.
The above process is in accordance with the City's Procurement Policy and Materials
Management support the recommendation being put forth.
FINANCIAL IMPLICATIONS
The proposed cost of work from Puitbec to provide well drilling services for this project is
$835,114.07 including HST. This cost is based on an estimated 150 meter combined well depth
for the two production scale wells.
POLICY — ENGAGEMENT FOR SERVICES
The costs incurred by the company will be paid in accordance with the terms of the Request for
Proposal at the rates submitted and accepted in the company's proposal. The Well Drilling
component of this project fee is based on an estimated 150 lineal meter drilling depth for two
PSW's. The final fee will be calculated based on the actual quantities as measured and verified
by the City's groundwater consultant and approved by staff.
RECOMMENDATION
It is recommended that the proposal from Groupe Puitbec inc. for well drilling services for the
Drilling of Production Scale Test Wells — South Bay project in the amount of $835,114.07
including HST be accepted and that the Mayor and Common Clerk be authorized to execute the
appropriate documentation in that regard.
Re ctfully submitted,
Gerry Mattsson, P.Eng.
Municipal Engineer
Wm. Edwards, P.Eng.
Commissioner
Saint John Water
125
J. Patrick Woods, CGA
City Manager
I I "I REPORT TO COMMON COUNCIL
City of Saint John
OPEN SESSION
M &C2014 -123
July 14'h, 2014
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT
Demolition of the vacant, dilapidated and structurally unsound building at 1605
Grandview Avenue (PID #334417)
BACKGROUND
The building at 1605 Grandview Avenue is a single- storey, wood -framed house which
poses a hazard to the safety of the public by reason of being vacant, dilapidated and
structurally unsound.
Staff first became aware of the building's vacancy and began standard enforcement
procedures in March of 2013. Since that time staff has found the building to be
unsecured through a basement entrance and continue to find this entrance unsecured
during routine inspections. Buildings that are left unsecured from public entry can attract
vandalism, arson, mischief, or criminal activity and these activities can negatively impact
the health and safety of the community.
The building is in dilapidated condition. The roof is visibly deflecting at its mid -span
thus indicating improper structural support. This deflection in the roof system has likely
been caused by the deterioration of structural members as a result of excessive water
infiltration over an extended period of tinge. At least one section at the front of the
building has rotted completely through; thereby exposing the building's interior to the
elements. The basement in the building has been flooded since at least March of 2013
when staff first began regularly monitoring the building.
126
M & C 2014 - 123 - 2 - July 14`}', 2014
The rear deck is rotted and deteriorated. The west side of the deck is supported by a
freestanding masonry wall. This masonry wall has shifted leaving the deck improperly
supported. The railing along the east side of the deck has fallen over leaving the handrail
unsupported laterally with nails sticking out the side of the handrail. This unsupported
handrail not only creates the potential for someone to fall if they rely on the handrail for
support but also poses a health hazard if someone were to grab onto the handrail and
become injured by the protruding nails.
Prior to issuing the Notice to Comply, an interior inspection was conducted at the
building which revealed that the majority of the gyprock on the ceiling had fallen as a
result of water entering the building through the roof. During this inspection vermiculite
insulation was found to be covering a large portion of floors throughout the house. Water
entering the building through the roof and walls has caused the building to deteriorate at
an accelerated rate.
For the reasons described above, a Notice to Comply was issued for the building on April
8th, 2014 and posted to the front entrance of the building on April 91', 2014. The
Certificate of Ownership for the property lists two individuals as registered owners.
Several attempts made by staff to find these individuals have proven to be unsuccessful.
Staff has been advised by the City of Saint John's Legal Department that posting the
Notice to Comply to the front entrance of the building is a sufficient means of service and
that staff are able to proceed with remedial actions. The Notice provided the owner with
60 days to remedy the conditions at the property. During this time no appeal was
formally requested. A compliance inspection was conducted on July 9th, 2014 which
revealed that the conditions which gave rise to the Notice were unchanged.
Attached for Council's reference are the Notice to Comply that was issued and the
affidavit attesting to the posting of the Notice to the building. Also included are
photographs of the building. The Municipalities Act indicates that where a Notice to
Comply has been issued arising from a condition where a building has become a hazard
to the safety of the public by reason of dilapidation, unsoundness of structural strength, or
being vacant or unoccupied, the municipality may cause the building to be demolished.
As required in the Act a report from an engineer is attached, forming part of the issued
Notice to Comply, and provides the evidence to the building's vacancy, dilapidation and
resulting hazard to the safety of the public.
As is written in the Act that a municipality must commence in the proceedings of
remedial action, approval of Common Council is required prior to starting demolition
activities at this property. Cost of the demolition work is approximated at $10,000 to
515,000 and will take about 4 - 6 weeks before it is complete. Staff will seek competitive
bidding in accordance with the City's purchasing policy and the cost of the work will be
billed to the property owner, if the bill is left unpaid, it will be submitted to the Province
with a request for reimbursement. This property will be subject to the topsoil and grass
seed pilot program. Staff estimate the cost associated with the addition of topsoil and
grass seed to be between $500 and $1,000.
127
M & C 2014 - 123 - 3 - July 14th 2014
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the Officers
appointed and designated by Council for the enforcement of the Saint .john Unsightly
Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition
of the building at 1605 Grandview Avenue (PID #334417), in accordance with the
applicable City purchasing policies.
Respectfully submitted,
Christopher McKiel, MIT
Technical Services Officer
Growth and Community Development Services
Amy Poffenro , .Eng., MBA
Building Inspector and Deputy Commissioner
Growth and Community Development Services
` Jacqueline ilton, MURP, MCIP, RPP
Commissioner
Growth and Community Development Services
t
a 'ck Woods, CGA
Manager
128
FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 1973,
c.M -22, s.190.01(3))
Parcel Identifier: 334417
FORMULE 1
AVIS DE CONFORMI'T]k
(Loi sur les municipalitis, L.R.N. -B. de 1973,
ch. M -22, par. 190.01(3))
Numbro d' identification de la parcelle : 334417
Address: 1605 Grandview Avenue, Saint John, New Adresse : 1605, avenue Grandview, Saint John,
Brunswick Nouveau - Brunswick
Owner(s) or Occupier(s):
Name: Flynn, Laurie 1,
Proprietaire(s) ou occupant(s) :
Nom : Flynn, Laurie 1.
Address: 1605 Grandview Avenue, Saint John, New Adresse : 1605, avenue Grandview, Saint John,
Brunswick, E2J 4S1 Nouveau - Brunswick, EN 4S1
Name: Flynn, Russell T.
Nom : Flynn, Russell T.
Address: 1605 Grandview Avenue, Saint John, New Adresse : 1605, avenue Grandview, Saint John,
Brunswick, E2J 4S1
Municipality issuing notice: The City of Saint John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M -30 and amendments thereto (the `By-
law").
Provision(s) contravened: Subsections 190.01(1)(a)(d),
190.01(1,1) and 190,01(2) of the Municipalities Act, and
amendments thereto.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish, refuse and a dilapidated
building to remain on the premise. The building has
become a hazard to the safety of the public by reason of
being vacant or unoccupied and has become a hazard to
the safety of the public by reason of dilapidation and by
reason of unsoundness of structural strength.. The
conditions of the building and premise are described in
Schedule "A ", a true copy of the inspection report dated
April 18t, 2014 prepared by Christopher McKiel, ACT,
By -law Enforcement Officer and reviewed by Amy
Poffenroth, P. Eng., MBA, Building Inspector, Deputy
Commissioner.
Remedy or remedies required: The owners are to
remedy the conditions by complying with one of the
required remedial actions of the aforementioned
inspection report and bring the building and premises
into compliance with the aforesaid By -law.
In the event that the owners do not remedy the condition
of the building in the time prescribed by this Notice to
Comply, the building may be demolished as the
corrective action to address the hazard to the safety of
the public and the premises may be cleaned up.
Nouveau - Brunswick, E2J 4S1
Municipality signiFiant Pavis :The City of Saint John
Arrete enfreint : Arn to relatif aux lieux inesthetiques
et aux batiments et constructions dangereux de Saint
John, Arretd num6ro M -30, ainsi que ses
modifications ci- afferentes (1' « Arretd »).
Disposition(s) enfreinte(s) . Les paragraphes
190.0 1 (1)(a) (d), 190.01(1.1) et 190.01(2) de laloi sur
les municipalites, ainsi que les modifications
afferentes.
Description de la (des) condition(s): Les heux sont
inesth6tiques en perrrmettant la presence de ferraille,
de detritus et le batiment delabre. Le M im,ent
est devenu dangereuse pour la securM du public du
fait de son inhabitation ou de son inoccupation et est
devenu dangereuse pour la s6curit6 du public du fait
de son delabrement et du fait de manque de solidit6.
Les conditions du batiment et des lieux sont d6crites a
Fannexe ((A r>, une topic conformie du rapport
d'inspection en date du 1 avril 2014 et pr6par6 par
Christopher McKiel, IS, un agent charge de
1'execution des arretes municipaux et revise par Amy
Poffenroth, ing., MBA, inspecteure en batiment,
commissaire adjointe.
Mesure(s) a prendre : Les propridtaires doivent
restaurer les conditions en se conformant a l'une des
recommandations du rapport d'inspection
susmentionne et d'amener le batiment et les lieux en
conformites avec 1'Arrete.
Dans 1'6ventualite que les propri6taires ne rem6dient
pas le batiment daps le temps prescrit par le present
axis de conformite, le batiment pourra etre demolis
comme mesure corrective compte tenu qu'il
repr6sente un danger pour la securitd du public et les
lieux pourront etre nettoy6s.
In the event of demolition, all debris and items on the Dans t'eventualitd de ddrnolition, tous les debris et
129
Premises will be disposed of as part of the corrective
action to address the hazard to the safety of the public,
The aforementioned remedial actions relating to the
demolition of the building and the disposal of debris and
items on the premises do not include the carry-out clean-
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment.
Date by which the remedy or remedies must occur:
a) The demolition of the building, clean -up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 60
days of the Notice to Comply having been
given.
b) The repair related remedies must be complete
within 120 days of the Notice to Comply having
been given,
Date by which notice may be appealed: Within 14
days of the Notice to Comply having been given.
Process to appeal: The owners may within 14 days
after this Notice To Comply having been given, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — 8`� Floor, 15
Market Square, Saint John, New Brunswick, 12L 4L I.
Potential penalty for non- compliance within
specified time:2 Subsection 190.03(1) of the
.municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under section 190,011 of the said Act, commits an
offence that is punishable under Part 11 of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190,03(1.2)(b)(i)•
Municipality's authority to undertake repairs or
remedy:3 Paragraphs190.04(1)(a), 190.04(1)(a.1) and
190.04(1)(b) of the Municipalities Act states that if a
Notice to Comply has been given under section 190.011
of the said Act and that an owner or occupier does not
comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
130
autres items sur les lieux seront disposes comme
mesure corrective dans le but de remedier le danger
pour la securite du public,
Les mesures correctives susmentionnees relativement
;k la demolition du bfitiment et la disposition des debris
et autres items sur les lieux ne comprennent pas le
nettoyage, 1a remise on etat des lieux, des terrains ou
des biens personnels ou toute autre mesure corrective
daps le but de controier ou de reduire, d'elitniner le
deversement, de modifier le mode de deversement ou
le deversement d'un, polluant daps ou sur
Penvironnement ou toute partie de Penvironnement.
Date A laquelle la ou les mesures doivent etre
prises:
a) La demolition du batiment et le nettoyage des
lieux doivent etre completees, ou les plans et
demande de permis pour les mesures des
reparations, doivent @tre soumises, dans les
60 jours qui suivent la notification de Pavis de
conformite.
b) Les reparations reliees aux mesures doivent
titre completees daps les 120 fours qui suivent
la notification de Pavis de conformite.
Date i laquelle un appel de Pavis pent titre depose:
Dans les 14 jours qui suivent la notification de I' avis
de conformite.
Processus d'appel : Les proprietaires peuvent dans
les 14 jours qui suivent la notification de 1'avis de
conformite, envoys un avis d'appel par courrier
recommande au greffier communal de la
municipalite, a The City of Saint John, Edifice de
Photel de ville, 8' stage, 15 Market Square, Saint
John, Nouveau - Brunswick, E2L 4L1.
Penalite possible pour neon- conformite dens le delai
prescrib : Le paragraphe 190,03(1) de la Loi sur les
municipalites prevoit quiconque omet de se conformer
aux exigences formulees dans un avis de conformite
notifie aux termes de Particle 190.011 de ladite loi,
commet une infraction qui est punishable en vertu de
la Partie 11 de la Loi sur la procedure applicable aux
infractions provinciales i titre d'infraction de la classe
F.
Lorsqu'une infraction prevue au paragraphe 190.03(1)
se poursuit pendant plus dune journee, Famende
minimale qui peut titre imposee est Famende
m niTnale prevue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multiplies par le nombre de
jours pendant lesquels Pinfraction se poursuit
conformement it l'alinea 190,03(1.2)(b)(i),
Pouvoir de la municipalite d'entrepreudre les
reparations ou de prendre les mesures3 :
Conform6ment aux alineas 190.04(1)(a),.
190,04(l)(a.1) et 190.04(1)(b) de la Lai sur des
municipalites, si un avis de conformite a etc signifie
aux termes de Particle 190,011 do ladite loi et, que le
proprietaire ou 1'occupant no se conforme pas a cet
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
occupier to be cleaned up or repaired, or cause the
building of that owner or occupier to be repaired or
demolished, and the cost of carrying out such work,
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
Dated at Saint John the _%_ day of April, 2014.
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information:
Name: Christopher McKiel, MIT
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square, City Hall Building, I Floor
P. O. Box 1971
Saint John, New Brunswick
E21, 4L1
Telephone: 506 -658 -2911
Telewpier: 506 -632 -6199
Email: christopher.mckiel@a saintjohn.ca
Seal of municipality
Notes:
L All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by -law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax.
Notice,
131
avis de conformite dans le delai imparti et tel qu'il est
repute confirme ou tel qu'il est confim* ou modifie
Par un comit6 du Conseil ou par un juge en vertu de
Particle 190.021 de ladite loi, la municippalite peut
faire nettoyer ou r4arer les lieux de ce propri6taire ou
de cet occupant ou de faire reparer ou demolir la
propri6t6 de ce propri6taire ou de eet occupant, et les
frais relatifs a 1'execution de ces travaux, y compris
toute redevance ou tout droit afferent, soot a la charge
du propri6taire, ou de Poccupant et deviennent une
cr6ance de la municipality.
Fait a Saint John le avril 2014.
Municipality: The City of Saint John
Signature du repr6scntant municipal :
Coordonnees du repr6seantant municipal:
Non.: Christopher McKiel, IS
Adresw postale :
D6partement aux, services d'inspection et des
batiments
The City of Saint John
15 Market Square, Edifice de 1'hotel de ville,10e etage
Case postale 1971
Saint John (Nouveau - Brunswick)
E21, 4L1
Telephone: 506 -658 -2911
T616copieur : 506- 632 -6199
Couarriel: christopher.mckiel @saintjohn.ca
Sceau de la municipality
Notes :
L Tous les permis prescrits doivent titre obtenus et route la
legislation pertinente doit &re respect6e, pendant Pex6cution de la,
mesure de recoum.
2. Le paiement de l'amende n'amnle pas l'obli,gation de respecter
Varret6, la norme ou Pavis de conformit6.
3. Les cofits deviement une dette envcrs la municipatile et peuvent
titre ajoutes A. l'avis d'dvaluation et d'impdt foneier municipal et
provincial_
INSPECTION REPORT
Schedule "A"
1505 Grandview Avenue
Saint John, New Brunswick
PID# 334417
Inspection Date: March 10, 2014
Inspector: Christopher McKiel
Inttroduction
I hereby cer* that thus
&,,uT-znt is a true cep; e� e{ �
• - ..
day of_A wit
�tandatds �l�e�
Inspections of the property noted above have revealed that there is one building on the
premise; a single storey wood frame house (the "house ") which is vacant, dilapidated and
structurally unsound. The house is a hazard to the safety of the public by reason of being
vacant or unoccupied and by reason of dilapidation and unsoundness of structural
strength.
Discussion
The building is not in compliance with the Saint John Unsightly Premises and Dangerous
Buildings By -law, By -law Number M -30, and amendments thereto (the "By- law ").
Unsightly Premise Conditions
Paragraph 140.01(1) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises
(a) any ashes, junk, rubbish or refuse;
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction;
('c) a derelict vehicle, equipment, machinery or the body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
1. There is an accumulation of junk, rubbish and refuse on the property. These items
include, but are not limited to, an old couch, a ripped box spring and mattress, a
broken lawnmower and several couch cushions with moss growing on them This
accumulation of junk„ rubbish and refuse is unsightly..
Vacant and Unoccupied
Paragraph 190.01(1.1) of the Mwticipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of being
vacant or unoccupied.
The building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. Given that the building is on well water and has not had power since 2011, it
is believed that the building has been vacant since at least that time. Since
staff first began monitoring the house in March 2013, the rear basement door
has been found to be open. Buildings that are in dilapidated condition and that
are left unsecured from public entry attract vandalism, arson, or criminal
ae ivity. Vandalism, arson, or criminal activity may devalue properties in the
area and poses a hazard to the safety of the public in the surrounding area,
1311
2. On March I e, 2014, an internal inspection of the building was performed
which found that the majority of the gyprock on the ceiling had fallen as a
result of water entering the building though the roof. Vermiculite insulation
was found to be covering a large portion of the floors throughout the house.
Vermiculite insulation installed before 1990 has the potential to contain
amphibole asbestos which poses health risks when fibres are inhaled.
3. There is a higher risk of a fire event occurring at the building since it is known
to the public that the building is vacant and because it has been left open and
abandoned. Additionally, there is a concern for firefighter safety in the event
of a fire. If firefighters suspect that there may be people inside the building, it
would be reasonable to expect that they may be required to enter it. The
interior conditions of the building are unknown to firefighters, and there are
hazards present which could cause harm or injury to firefighters upon entry.
Dilapidated Banding Conditions
Paragraph 190,01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength..
The building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1. The roof on the house is in poor condition. There are multiple sections of
missing shingles on the roof of the house which are allowing water to enter
the building. The exposed plank sheathing on the roof is faded and
deteriorated indicating that the roof system has not adequately restricted water
from entering the building for an extended period of time.
2. There are several portions of the exterior wall system that are severely rotted
creating large unprotected openings into the walls of the house. At least one
section at the front of the building has rotted completely through; thereby
exposing the building's interior to the elements. The basement in the building
has been flooded since at least March of 2013 when the staff first began
regularly monitoring the building. The large of amount of water inside the
building is accelerating the deterioration of the structure.
3. The rear deck is rotting and deteriorated. The west side of the deck is being
supported by a freestanding masonry wall. This masonry wall has shifted
leaving the deck improperly supported. The railing along the east side of the
deck has fallen over leaving the handrail unsupported laterally with nails
sticking out the side of the handrail. This unsupported handrail not only
creates the potential for someone to fall if they rely on the handrail for support
but also poses a health hazard if someone were to grab onto the handrail and
become injured by the protruding nails.
Structurally Unsound. Building Conditions
Paragraph 130.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
1. The roof of the house is visibly deflecting at its raid -span thus indicating
improper structural support. This deflection in the roof system has likely
been caused by the deterioration of structural members as a result of the
excessive water infiltration over an extended period of time.
2
133
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option 1: Remedy the condition of the building through all repair and remedial actions as
follows:
1. The building must be completely repaired so it may become occupied while
maintaining minimum standards as described by the Saint John Minimum
Property Standards By -law and the Code.
2. The building must be maintained, kept secure, and monitored on a routine basis
while the property remains vacant or unoccupied.
3. A detailed plan must be submitted to the Buildings and Inspection Services
Department of the City of Saint John (the "Department ") for review and approval.
The plan should include any necessary repairs and a schedule for the work that is
to be carried out. The repaired building must meet the National Building Code of
Canada (2005) as well as other applicable codes.
4. The detailed plan, including schedules and any engineering reports, roust be
approved by the Department prior to commencing repair work.
S. A building permit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint Jahn Building By -law, By -law Number C.P. 101 and amendments thereto
(the "Saint John Building By- law ").
6. The premise must be cleared of all debris found an the property, including any
and all rubbish that may be considered hazardous or unsightly. The debris from
the premise must be disposed of at an approved solid waste disposal site, in
accordance with all applicable by -laws, acts and regulations. Documented proof;
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department. The premise must comply
with all applicable by -laws, acts, codes and regulations.
Option 2: Demolition of the building and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1. The building must be demolished to remove the hazard to the safety of the public
by reason of dilapidation and by reason of being vacant or unoccupied.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By -law.
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with the adjacent grade so as to not create a tripping or
falling hazard. All debris must be disposed of at an approved solid waste disposal
site, and in accordance with all applicable by -laws, acts and regulations.
Documented proofs that clearly demonstrates an approved solid waste disposal
site was used for the disposal of debris, must be provided to the Department.
4. All debris that is currently on the premise must be cleared and disposed of at an
approved solid waste disposal site, and in accordance with all applicable by -laws,
acts and regulations. Documented proof that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
S. The property roust be in compliance with all applicable by- lags, acts and
regulations.
3
134
Prepared by:
Christopher McKiel, MIT
Technical Services Officer
Growth and Community Development Services
Reviewed by:
Amy Poffenroth, P. Bng,, MBA
Building Inspector, Deputy Commissioner
Growth and Community Development Services
4
135
Date
r, I-ZQD
Date
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
1605 Grandview Avenue, SAINT JOHN, N.B. (PID number 334417)
AFFIDAVIT OF SERVICE
I, Christopher Daniel McKiel, of Hampton, N.B., Make Oath And Say As Follows:
1. 1 am employed by The City of Saint John in its Buildings and Inspection Services
Department. I have personal knowledge of the matters herein deposed except where
otherwise stated.
2. On April 9it', 2014, at approximately 9:49 a.m. I posted a copy of the Notice to
Comply, attached hereto as Exhibit "A ", and a blank copy of the Notice of Appeal,
attached hereto as Exhibit "B ", to the front entrance of the building that is located at
1605 Grandview Avenue, Saint John, N.B.
Sworn To before me at the
City of Saint John, N.B.,
on the 9t` day of
April, 2014
AM4WQ ENROTH
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 318T, 2014
136
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Chnstopher McKiel
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M &C- 2014 -134
July 21, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
city of Saint John
SUBJECT: Tender for Boiler Replacement- Canada Games Aquatic Center
(CGAC)
BACKGROUND:
The existing heating system at the Canada Games Aquatic Center (CGAC)
consists of two (2) cast iron sectional boilers being fired by natural gas. The
boilers are the primary source for space heating to the building, domestic hot
water and pool water heating. Both boilers were installed in 1997 and started to
show signs of small water leakage in late 2012, which could cause both boilers to
malfunction prematurely and impact the operation of the CGAC.
In April 2013, the City of Saint John in cooperation with MCW Maricor
performed an evaluation of the heating and ventilation systems for the Canada
Games Aquatic Center (CGAC), including the existing boiler set -up and
conditions. The objective was to provide a recommendation for the replacement
of the boilers that would improve the operational reliability at the site, while
providing renewal that aligns with the longer term major capital initiatives
outlined in the recommended 2008 Energy Management Plan.
Analysis of the heating system determined that the new boilers must meet certain
criteria (i.e. high efficiency condensing and seal combustion technologies, and
resistance to thermal shock), to ensure longevity and high performance of the
heating system, and reduce operating costs.
In May 2013, Boiler #2 was found to be leaking combustion products from the
right side of the combustion chamber. The leaking of the combustion products
into the building was identified immediately as a very serious safety concern and
beyond repair. As a result boiler # 2 was immediately replaced with a new high
efficiency natural gas condensing boiler, and recommendation was made to
allocate funds in the 2014 Capital Budget for the replacement of the second
boiler. The City of Saint John has received incentive for Boiler # 2 replacement,
in the amount of $30,000 from Efficiency New Brunswick.
146
M &C- 2014 -134
July 21, 2014
INPUT FROM OTHER SOURCES - MATERIALS MANAGEMENT:
A public tender call was issued on June 30, 2014 and closed on July 16, 2014.
Three (3) companies responded to the tender call by submitting bids. The results
are as follows (excluding HST):
COMPANY NAME
TENDER PRICE*
Leroy's Heating Services Ltd.
$107,674.00
Master Mechanical Ltd.
$114,270.00
Beaulieu Plumbing & Mechanical Inc.
$171,976.00
*Exclusive of HST
Staff of Materials Management and Facility 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.
The above process is in accordance with the City's Procurement Policy and
Materials Management support the recommendation being put forth.
FINANCIAL IMPLICATIONS
The total cost to supply and install the new high efficiency natural gas condensing
boiler at the Canada Games Aquatic Center, if awarded to the lowest bidder as
recommended, will be $107,674.00 plus HST. This is a planned expenditure for
which funds are included in the 2014 Capital Budget.
RECOMMENDATIONS
It is recommended that the tender submitted by Leroy's Heating Services Ltd., in
the amount of $107,674.00 plus HST, for the supply and installation of the new
high efficiency natural gas condensing boiler be accepted.
Respectfully submitted,
Samir Y ine, P.Eng, CEM
Energy Manager
I t
J. ck Woods, CGA
City-Manager
147
7— eomans, CGA, MBA
.oner of Finance
inistrative Services
The City of sabot John
July 21, 2014
Deputy Mayor and Councillors
Subject: Recommended Appointments to Committees
The Committee of the Whole, having met on April 15, 2014, made the following
recommendation:
Saint John Board of Police Commissioners: to appoint Jennifer Carhart for a three year term
from July 21, 2014 to July 21, 2017
Sincerely,
Mel Norton
Mayor
MITT JOPIN PO. 3oac 1974 Ssainijohn, NB Carvada E2L4L1 I u m-sair tjohn.ca I C.P. 1971 Saint john, N.-R. Canada E2L4L1
148
Z
The City of Saint john
July 21, 2014
Deputy Mayor and Councillors
Subject: Request for Qualifications - Safe, Clean Drinking Water Project
The Committee of the Whole, having met on July 21, 2014, adopted the following resolution:
RESOLVED that the Committee of the Whole recommends that Common Council
approve the recommendations in the submitted report, entitled Request for Qualifications —
SCDWP, as follows:
• Common Council approve the RFQ document respecting the Safe Clean Drinking
Water Project (SCDWP) so called, which is attached to the correspondence in this
regard from the City Manager to the Committee of the Whole dated July 215`, 2014
and submitted to Common Council on July 21, 2014 and direct its immediate
posting on the City's website and the immediate posting of a Notice of the RFQ on
the New Brunswick Opportunities Network (NBON) website;
• Common Council directs staff to identify a short list of Respondents to the
aforesaid RFP, who would be invited to submit Proposals in response to a
subsequent RFP for the SCDWP;
• Common Council approve the two stage procurement process identified in the
aforesaid correspondence from the City Manager dated July 21st 2014;
• Common Council approve the change in scope for the project as noted in the
aforesaid correspondence from the City Manager July 21St, 2014;
• Common Council approve the terms of the Design Bid Fee and the Break Fee as
identified in the aforesaid correspondence from the City Manager dated July 21,
2014.
Sincerely,
Mel Norton
Mayor
SAINI <' P.O. [sax 1 971 Saint. John, NO Canada ESL 4LI A WWV,/ &sint.j0h a.Ca 1971 Saint. John, R -0, Cana di E2L 4H
"� 149
fay r
The City of Saint john
Safe Clean Drinking Water Project
REQUEST FOR QUALIFICATIONS
2014 - SCDWP -RFQ
FOR THE
DESIGN, CONSTRUCTION, FINANCING, OPERATION,
MAINTENANCE AND REHABILITATION
OF A WATER TREATMENT PLANT AND STORAGE RESERVOIRS,
AND
THE DESIGN, CONSTRUCTION AND FINANCING
OF WATER TRANSMISSION SYSTEM IMPROVEMENTS
IN THE CITY OF SAINT JOHN
RFQ Submission Deadline: 11 September 2014 at 4:00 p.m. Atlantic Daylight Time
City of Saint John, New Brunswick, Canada
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Safe Clean Drinking Water Project
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151
Request for
Qualifications
Safe Clean Drinking Water Project
SUMMARY OF KEY INFORMATION
Request for
Qualifications
Project Title
Safe Clean Drinking Water Project
RFQ Title
2014 -SCDWP -RFQ
Designated Contact Person
Dean Price P.Eng.
Project Manager
Questions may only be directed to the Designated
Questions
Contact Person;
Last day to submit RFQ questions 27 August 2014
Only Registered Parties will be invited to the
Information Meeting and receive copies of the
Registration
Project Information, any Addenda and any
answers to Respondent questions;
Last day to register 27 August 2014
12 August 2014 at 10:00 a.m. Atlantic Daylight
Information Meeting
Time
Saint John, NB : Location to be announced
Submissions in response to this RFQ must be
RFQ Submission Deadline
received by:
11 September 2014 at 4:00 p.m. Atlantic Daylight
Time
Submissions in response to this RFQ must be
delivered to:
Cindy Calvin, CPPB
Submission Location
Manager of Materials Management
2nd Floor, Municipal Operations Complex
175 Rothesay Avenue
Saint John, NB E2J 264
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152
Safe Clean Drinking Water Project
22 July 2014
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153
Request for
Qualifications
Safe Clean Drinking Water Project Request for
Qualifications
Table of Contents
1. The Opportunity ................................................................................................... ...............................
1.1 Context ....................................................................................................... ............................... 1
1.2 Purpose ....................................................................................................... ............................... 2
1.3 Agreement on Internal Trade ..................................................................... ............................... 3
2.0 The Project ............................................................................................................ ..............................4
2.1
Project Objectiv es ........................................................................................ ..............................4
2.2
Project Description ..................................................................................... ............................... 4
2.2.1
Project Scope .............................................................................................. ............................... 4
10
2.2.2 Environmental Approvals and Requirements ............................... ............................... 6
Designated Contact Person ....................................................................... ...............................
2.2.3 Performance Specifications and Requirements .............................. ............................... 6
3.5
2.2.4 Property Acquisition ...................................................................... ............................... 6
11
2.2.5 Operation, Maintenance and Rehabilitation .................................. ............................... 7
Addenda ..................................................................................................... .............................12
2.2.6 Management Systems .................................................................... ............................... 7
3.7
2.2.7 Public Communications ................................................................ ............................... 7
2.3
Business Model .......................................................................................... ............................... 7
Information ............................................................................................... ...............................
2.3.1 Compensation Framework ........................................................... ............................... 7
3.9
2.3.2 Financial Contribution by the Province of New Brunswick and the Government of
13
Canada........................................................................................................ ............................... 8
3. RFQ Process and Schedule .................................................................................. ............................... 9
3.1
Selection Process Overview ....................................................................... ............................... 9
3.2
Schedule ..................................................................................................... .............................10
3.3
Registration .............................................................................................. ...............................
10
3.4
Designated Contact Person ....................................................................... ...............................
11
3.5
Questions Regarding the RFQ .................................................................. ...............................
11
3.6
Addenda ..................................................................................................... .............................12
3.7
Information Meeting ................................................................................. ...............................
12
3.8
Information ............................................................................................... ...............................
13
3.9
Delivery of Submissions .......................................................................... ...............................
13
3.10
Amendment of Submissions .................................................................... ...............................
14
3.11
Withdrawal of Submissions ....................................................................... .............................14
3.12
Clarification of Submissions .................................................................... ...............................
14
3.13
References and Background Checks ........................................................ ...............................
15
3.14
Personal Information ................................................................................ ...............................
15
4. Evaluation Process and Criteria ......................................................................... ............................... 16
4.1 Evaluation Process ................................................................................... ............................... 16
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Safe Clean Drinking Water Project Request for
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4.2 Evaluation of Submissions ....................................................................... ............................... 16
4.2.1 Mandatory Requirements and Completeness Eval uation ............. ............................... 16
4.2.2 Financial Capacity and Financing Expertise Evaluation .............. ............................... 17
4.2.3 Technical Expertise Evaluation ................................................... ............................... 17
4.2.4 Evaluation Criteria .................................... ............................... .... 18
...............................
4.3 Selection, Notification and Debriefing of Respondents ........................... ............................... 18
4.3.1 Notification of Shortlisted Respondents ...................................... ............................... 18
4.3.2 Notification to Other Respondents ............................................... ............................... 18
4.3.3 Debriefing .................................................................................... ............................... 18
5. General Conditions ............................................................................................. ............................... 19
5.1 Available Information .............................................................................. ............................... 19
5.2 Communications Procedures .................................................................... ............................... 19
5.3 Conflict of Interest .................................................................................... ............................... 19
5.4 Collusion .................................................................................................. ............................... 21
5.5 Confidential Information ............................................................................ .............................22
5.6 Costs to Respondents ................................................................................ ............................... 22
5.7 Changes in Composition of a Respondent ................................................ ............................... 23
5.8 Failure to Comply .................................................................................... ............................... 23
5.9 Rights of the City .................................................................................... ............................... 23
5.10 Release By Respondents ......................................................................... ............................... 24
5.11 Governing Law and Interpretation .......................................................... ............................... 24
AppendixA — Glossary of Terms .................................................................................. ............................... 1
Glossaryof Terms ................................................................................................ ............................... 2
Appendix B — Project Scope .......................................................................................... ............................... 1
Appendix C — Submission Outline ................................................................................. ............................... I
SubmissionOutline .............................................................................................. ............................... 2
Submission of Parent Company Information ....................................................... ............................... 2
ProjectData Sheets ............................................................................................. ............................... 3
SubmissionFortnat ............................................................................................... ............................... 4
IntroductoryInformation ....................................................................................... ..............................4
Chapter 1: Organization and Philosophy ......................................................... ............................... 4
1.1 Description of Respondent ............................................................. ............................... 4
1.2 Roles of Team Members ................................................................ ............................... 4
1.3 Roles of Key Personnel .................................................................. ............................... 4
1.4 Controlling Interests ....................................................................... ............................... 5
1.5 Prior Working Relationships ..................
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1.6
Contact Person ............................................................................... ............................... 5
1.7
Philosophy ....................................................................................... ..............................5
Chapter 2:
Project Management Expertise ...................................................... ...............................
6
Chapter 3:
Quality Management and Management System Expertise ............ ............................... 7
Chapter 4:
Design Expertise ............................................................................ ...............................
8
Chapter 5:
Construction Expertise ................................................................. .......... .....................
10
Chapter 6:
Operation, Maintenance and Rehabilitation Expertise ................. ...............................
12
Chapter7:
Financing Expertise ...................................................................... ...............................
13
73
Experience with project financing ............................................... ...............................
13
7.2
Financing Manager Experience ..... ...............................
7.3
Preliminary Financing Plan .......................................................... ...............................
14
Chapter 8:
Financial Capacity ........................................................................ ...............................
15
8.1
Financial Statements and Other Information ............................... ...............................
15
8.2
Evidence of Ability to Obtain Insurance ...................................... ...............................
15
8.3
Evidence of Ability to Obtain Bonding ....................................... ...............................
16
Chapter 9:
Resumes of Key Personnel ........................................................... ...............................
17
Chapter10:
Declarations ................................................................................ ...............................
17
AppendixD — Mandatory Forms ................................................................................... ............................... I
Schedule1 ............................................................................................................. ..............................2
Schedule2 ............................................................................................................ ............................... 4
Schedule3 ............................................................................................................ ............................... 5
Schedule 4.......... 6
Schedule 5 ............... 7
Schedule6 ............................................................................................................ ............................... 9
Schedule7 ................... .................................................................................... ............................... 11
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Safe Clean Drinking Water Project Request for
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A
The City of Saint John (the City) is pleased to invite Respondents to submit their qualifications to:
Design, construct, finance (during the construction and operations periods), operate, maintain and
rehabilitate over the term of the Project Agreement a new water treatment plant and new water
storage reservoirs; and
Design, construct and finance (during the construction period only) various water system
improvements including dam and intake improvements, new water transmission mains,
rehabilitation of existing water transmission mains, pumping stations, well site development and
associated water system improvements.
A Glossary of Terms used in this RFQ is attached as Appendix A.
1.1 Context
The City of Saint John is the largest city in the province of New Brunswick and the second largest in the
Maritime Provinces. It is located on the north shore of the Bay of Fundy at the mouth of the St. John
River. In 2011, the City had a population of 70,063, and the population of the Saint John metropolitan
region was 128,600.
Saint John Water is a department of the City of Saint John and is responsible for delivering water and
waste water services to the community. As required by the Municipalities Act (New Brunswick), water
and waste water services are provided on a cost - recovery basis.
As Canada's oldest incorporated city and New Brunswick's largest municipality, the City has been
providing municipal services to local citizens for more than two centuries. The City's public water system
was first established in 1837 to protect public health from waterborne disease and as a supply for fire
protection. Sources were chosen for their good quality, available yields and pristine environment. The
City is unique in the age of its water system, having some of the oldest infrastructure in Canada.
The City's municipal water system has two main parts, each supplied by its own watershed: Loch
Lomond / Latimer Lake in the east and Spruce Lake in the west. The areas east of the Saint John River
are supplied from Latimer Lake. Spruce Lake supplies water to West Saint John. Both sources provide
good quality raw water, albeit with significant organic content.
The City has been diligent in the management of its drinking water supply. The Common Council has
made safe, clean drinking water its foremost service priority. A comprehensive water system analysis led
to the 1999 Water Strategy, which highlighted the need for full treatment, extensive network
22 July 2014
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1
Safe Clean Drinking Water Project Request for
Qualifications
reconfiguration and significant upgrades to the water transmission and distribution system, including
expanded water storage capacity. Over the years, Common Council has set a clear direction on safe,
clean drinking water.
Since 1999, the City has made substantial investments in drinking water improvements; however
improved treatment facilities and additional upgrades to the water transmission and distribution system
are required. The network of water mains, pressure zones and storage reservoirs needs to be improved
to meet current standards for reliability, hydraulic functionality and the maintenance of water quality.
System limitations need to be addressed and aging infrastructure replaced or rehabilitated so that good
quality water at adequate pressure can be delivered to consumers across the City at an affordable price.
The water currently delivered to City residents is coarse screened and chlorinated. This unfiltered
surface water contains significant amounts of disinfection by- products, at levels that often exceed those
prescribed by current standards. These by- products, together with the inability of the system to
adequately treat potentially harmful protozoa, such as giardia and cryptosporidium, create a risk to
public health. The water, with a low pH, is highly corrosive which results in damage to the water system.
The Safe Clean Drinking Water Project (the Project) is being undertaken to address these issues and
provide City residents with safe, clean drinking water which meets Canadian and New Brunswick
standards.
The City has recently identified a source of good quality groundwater capable of supplying the potable
water needs of West Saint John. The development of the necessary wells is being undertaken by the
City. The connection of this water source with the existing transmission and distribution system is
included in the Project.
The Safe Clean Drinking Water Project is a priority of the City of Saint John. The Common Council has
approved the business case for the Project, the application to PPP Canada and the steps necessary to
issue this RFQ.
1.2 Purpose
The purpose of this RFQ is to pre - qualify Respondents who have the experience, capacity and interest to
undertake the design, construction, financing, operation, maintenance and rehabilitation of a water
treatment plant and storage reservoirs and the design, construction and financing of water transmission
system improvements in the City of Saint John. Respondents that are short- listed in this phase will be
invited to respond to an RFP. The Preferred Proponent will be selected from amongst the Proponents
responding to the RFP.
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1.3 Agreement on Internal Trade
Respondents should note that procurements falling within the scope of Chapter 5 of the Agreement on
Internal Trade are subject to that chapter but that the rights and obligations of the parties shall be
governed by the specific terms of each particular procurement process. For further reference, please
see the Internal Trade Secretariat website at http: / /www.ait- aci.ca /index en.htm.
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2.0 The Project
2.2 Project Objectives
There are a number of specific objectives for the Project which are presented below, not in any specific
order:
That good quality water meeting all relevant water quality criteria including the Guidelines for
Canadian Drinking Water Quality be provided to the citizens of Saint John;
That deficiencies in the current water supply system be corrected;
That an adequate supply of water be available for customer use and fire protection during and
following completion of the Project;
w That value for money be obtained;
• That the Project be delivered at an affordable price to the City and its residents;
• That a safe workplace be provided throughout the Project;
That appropriate risks associated with the Project be borne by the Successful Proponent;
E That the Project be delivered in accordance with City, provincial and federal design, construction
and environmental standards;
■ That the Project be in good condition meeting all requirements at hand -back.
2.2 Project Description
2.2.1 Project Scope
The Project consists of thirteen Components of work which are grouped into five Categories which
together are required to address the technical objectives of providing City residents with good quality
water, providing an adequate supply of water for customer use and fire protection and rehabilitating the
water supply system.
Categories 1 and 2 include the design, construction, financing, operation, maintenance and
rehabilitation (DBFOM) of a new 75 ML /day water treatment plant and new storage reservoirs with a
total capacity of 33 ML. Categories 3, 4, and 5 include the design, construction and financing (DBF) of
various improvements to the water source infrastructure, construction of new water mains, the
rehabilitation of selected existing water mains, well site development and related improvements.
The new water treatment plant and storage reservoirs will be located on a site owned by the City
adjacent to Little River Reservoir Lake.
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A detailed description of the scope of the work and a project map are provided in Appendix B of this
RFQ. A summary of the work is presented in the table below:
# Category- Component Main Deliverables Capacity/
Approx.
Length
DBFOM Water Treatment
1 -1 Water Treatment Plant Water treatment plant (WTP) 75ML /day
DBFOM Storage
2 -1 Storage
DBF Source Improvements
3 -1 Robertson Lake Dam
3 -2 Latimer lake Intakes & Ddrn Upgrades
4 -1
4 -2
4 -3
4.4
4 -5
4 -6
5 -1
3 r Transmission & Piping
Lakewood Heights Pump Station to
WTP
WTP to Commerce Drive
Loch Lomond Road & Westmorland
Road
East Pressure Modifications
Well Site Development
(Note: City will construct three
production wells)
Spruce Lake Pump Station Upgrades
DBF Water Main Rehabilitation
Lakewood Heights Pump Station to
Westmorland Road
5 -2 Rothesay Avenue
5 -3 Ocean Westway
Above ground water storage 33 M L
reservoirs
Refurbish & improve dam & spillway
Replace & improve intakes, Refurbish
& improve dams, Construct new
spillways
3 - 900 mm Transmission mains
850 m each
1 -300 mm Transmission main
110 r
- 900 mm Transmission main
3050 m
1- 600 mm Transmission main
400 m
1 -•600 nim Transmission main
3360 m
1 -600 mm Transmission main
2330 fn
Pressure reducing valves as necessary
for customers
Well -head buildings, pumps, piping
and connections to existing
transmission system
Modifications
Structural rehabilitation of 2 -600 mm
cast iron water mains
New 1- Distribution main
Structural rehabilitation of 600 mm
cast iror, water, main
New 1 - Distribution main
Structural rehabilitation of 600 mm
cast iron water main
3850 m
& 2600 rn
350 m
920 m
1130 m
4000 m
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The City will be responsible for constructing the three proposed production wells in West Saint John.
This work is not included in the scope of the Project.
The Successful Proponent will be required to achieve substantial completion of the Project in the
summer of 2018. The Successful Proponent will be required to establish and implement a schedule for
commissioning and putting into service the various Components of the Project to ensure the continuity
of supply of water to customers. In this regard, the City may establish service continuity requirements to
ensure the supply of water to customers and the safe implementation of the Project. Service continuity
requirements will be specified in the RFP.
The City is currently completing the development of the project requirements which may result in
adjustments to the above Components. A detailed description of the requirements and a statement of
the status of any ongoing work by the City which may impact the Project will be provided in the RFP.
2.2.2 Environmental Approvals and Requirements
The City has submitted reports for the environmental assessment of, and has obtained a determination
under the Clean Environment Act (New Brunswick) (the "Act ") for the water treatment plant.
The City is conducting the necessary studies and assessments to obtain a determination under the Act
for the development of the proposed well -field prior to execution of the Project Agreement.
If required the City will conduct the necessary studies and assessments to obtain a determination under
the Act for any other work prior to execution of the Project Agreement.
Determinations under the Act are subject to certain conditions, including mitigation and follow -up
requirements. The Successful Proponent will be required to comply fully with all terms and conditions
attached to the determinations issued under the Act in regard to this Project.
The Successful Proponent will be responsible for securing all other applicable provincial and federal
environmental approvals, authorizations and permits for the works included in the Project and for
complying with applicable requirements.
2.2.3 Performance Specifications and Requirements
Design requirements and performance or results based specifications will be established which reflect
the needs of the residents of the City for the design, construction, operation, maintenance and
rehabilitation of the Safe Clean Drinking Water Project. These requirements will be detailed in the RFP.
2.2.4 Property Acquisition
The City has acquired or will acquire prior to execution of the Project Agreement and will retain title,
easements or other interests in land to all the lands required to undertake the Project.
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2.2.5 Operation, Maintenance and Rehabilitation
The Successful Proponent will be responsible for the operation, maintenance and rehabilitation of the
Water Treatment Plant and the Storage Reservoirs (Category 1 and Category 2 works) at the WTP Site
for the term of the Project. The Successful Proponent will be required to implement asset management
systems designed to meet operation, maintenance, rehabilitation and hand -back requirements.
2.2.+6 Management Systems
During the Design and Construction period, the Successful Proponent will be required to establish an
integrated management system which will include an ISO 9001 compliant Quality Management System,
an ISO 14001 compliant Environmental Management System, and a Safety Management System all of
which will be certified by (an) appropriately accredited certification organization(s).
In addition, during the Operations period, the Successful Proponent will be required to establish, within
its IMS, an ISO 50001 compliant Energy Management System, which will also need to be certified by an
appropriately accredited certification organization.
2.2.7 Public Communications
The Successful Proponent will be required to provide accurate and timely information to affected
stakeholders and the general public during construction and operations. This will involve proactive and
regular communication using appropriate and consistent public communications media and materials.
These services must be provided by the Successful Proponent in both official languages.
2.3 Business Model
The Successful Proponent will be responsible for implementation of the Project. The City will contract
with the Successful Proponent for the design, construction, financing, operation, maintenance and
rehabilitation of the Category 1 and the Category 2 works, and for the design, construction and financing
of the Category, 3, Category 4 and Category 5 works.
The City will require guarantees (or other security), satisfactory to the City, of the performance of the
Successful Proponent's obligations under the Project Agreement.
2.3.1 Compensation Framework
In consideration of the performance of its obligations under the terms of the Project Agreement, the
Successful Proponent will, as currently contemplated, be paid in accordance with the terms of the
Project Agreement as follows:
1. Payment at substantial completion of approximately 50% of the design and construction costs of
the Category 1 and Category 2 works;
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2. Thereafter, periodic performance based service payments for Category 1 and Category 2 works
that include the reimbursement of debt service, amounts relating to operations, maintenance
and rehabilitation and a return on equity, as applicable; and
3. Payment at substantial completion of 100% of the design and construction costs of the Category
3, Category 4 and Category 5 works to be identified in the Project Agreement, subject to
holdbacks payable at final completion.
Operations period payments for Category 1 and Category 2 works would be tied to the achievement of
predetermined availability and performance criteria most notably linked to requirements regarding
water quality exiting the plant and a requirement for 24/7 availability and service. Monthly service
payments would only begin once substantial completion in accordance with the City's requirements as
set out in the Project Agreement has been achieved.
2.3.2 f=inancial Contribution by the Province of New Brunswick and
the Government of Canada
The Province of New Brunswick will support the cost of the Project in accordance with a financial
contribution agreement between the Province of New Brunswick and the City.
The Government of Canada through PPP Canada Inc. will support the cost of the Project in accordance
with a financial agreement between PPP Canada Inc. and the City.
Together, the above contributions amount to approximately 50% of the eligible capital costs of the
Project.
The balance of funding required for the Project will be provided by the City.
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3, RFQ Process and Schedule
The selection process is being managed by the City which is being advised by a team which includes:
• A seconded employee from Partnerships New Brunswick
• Pricewaterhouse Coopers LLP
• CBCL Limited
• Opus International Consultants Ltd.
• Carollo Engineers Inc.
Torys LLP
Grant Thornton LLP has been appointed as the fairness advisor on this Project. The fairness advisor will
independently monitor the selection process up to the signing of the Project Agreement with the
Successful Proponent. The mandate of the fairness advisor is to assure the City, Respondents and
Proponents, that the selection process has been conducted fairly and in accordance with the terms and
conditions stipulated in the RFQ and RFP. At the end of the selection process, the fairness advisor will
submit a final report regarding the fairness of the selection process to the City.
3.1 Selection Process Overview
The selection process will be conducted in two stages:
Stage 1
The RFQ is the stage in which Registered Parties are invited to submit a response to pre - qualify for the
Project. The purpose of the RFQ stage is to arrive at a shortlist of three (3) Respondents who will be
invited to prepare detailed proposals pursuant to the RFP.
Stage 2
The RFP is the stage in which the shortlisted Respondents (the Proponents) will be invited to submit
proposals to carry out the Project. The intention of this stage is to identify the Preferred Proponent, who
will be asked to execute the Project Agreement. A draft copy of the Project Agreement will be contained
in the RFP. The Preferred Proponent will be the Proponent whose response to the RFP is technically and
financially compliant and provides the lowest net cost to the City. Details regarding the submission
requirements for RFP responses and the factors to be considered in the evaluation of responses will be
set out in the RFP.
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The RFP will provide that each Proponent who submits i response and complies in all respects with the
requirements of the RFP, and does not become the Preferred Proponent, will receive a $500,000.00
design and bid fee to assist in covering the costs incurred in preparing and submitting its RFP response.
The intent of this payment will be to encourage each Proponent to expend the necessary time and
resources to provide a complete, compliant and competitive RFP response. Additional detail respecting
the payment of the design and bid fee will be set out in the RFP.
3.2 Schedule
A tentative schedule for the selection process for the Project is provided below:
1. Issue RFQ
2. Last day to confirm attendance at Information Meeting
3. Information meeting (for Registered Parties only)
4. Last day to submit RFQ questions
5. Last day to register to respond to the RFQ
6. Last day to issue RFQ answers and addenda
7. Submission Deadline
8. Rectification Period
9. Announcement of short- listed Respondents
10. Issue RFP
11. Receipt of technical proposals in response to the RFP
12. Receipt of financial proposals in response to the RFP
13. Execution of Project Agreement
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8 August 2014
12 August 2014
27 August 2014
27 August 2014
5 September 2014
11 September 2014(4:00 pm ADT)
Two (2) Business Days
Fall 2014
Late 2014
Spring2015
Summer 2015
Fall 2015
Note that under Section 5.9 that the City reserves the right to revise these dates.
3.3 Registration
All interested parties wishing to receive RFQ information are required to register with the City by
providing the following information:
• Full legal name of party registering;
Name and title of contact person;
Telephone number (including country code) of contact person;
• Fax number (including country code) of contact person;
E -mail address of contact person.
The request for registration must be sent to the Materials Management Department by e-mail to the
following address: SCDWP@saintiohn.ca
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Upon registration, each Registered Party will be provided with a Registered Party Number, and will be
recorded onto the City's official list of Registered Parties for the Project (the "Official List of Registered
Parties").
Upon registration, the City will provide the Registered Party with a copy of the RFQ document and an
information package in electronic format. Only Registered Parties will receive copies of any Addenda or
answers to any Registered Party questions.
Only a party listed on the Official List of Registered Parties or whose team includes at least one party
listed on the Official List of Registered Parties shall be entitled to submit a response to this RFQ. Any
Submission received from an interested party who has not registered on the Official List of Registered
Parties or whose team does not include at least one party listed on the Official List of Registered
Parties in accordance with this RFQ will not be evaluated and will be disqualified.
The deadline to register and be eligible to respond to this RFQ is 27 August, 2014.
The City will not disclose its Official List of Registered Parties for this RFQ.
3.4 Designated Contact Person
The Designated Contact Person for the Project is the Project Manager, Dean Price P.Eng., who can be
reached:
By e-mail: SCDWP @saintiohnca
As described further in Section 5.2, all Registered Parties, Team Members and any related stakeholders
must restrict their contact with the City of Saint John regarding the Project to the Designated Contact
Person.
3.5 Questions Regarding the RFQ
Any Registered Party having questions regarding this RFQ should submit them in writing (by e-mail to
SCDWP @saintiohn.ca ) addressed to the Designated Contact Person. Questions must be submitted no
later than 27 August 2014.
Should it be determined that a question or response requires a change to this RFQ, an addendum will be
issued. Only information provided in writing by the Designated Contact Person will serve to change the
requirements of this RFQ. Answers to Registered Parties' questions will be distributed to all Registered
Parties by e-mail.
The City will not respond to questions submitted by anyone other than a Registered Party's identified
contact person. All questions must include the Registered Party Number.
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The City reserves the right not to respond to questions and to distribute copies of any questions and
responses to all Registered Parties.
Should a Registered Party wish to ask a question that it considers to be confidential (i.e., the response is
to be directed only to the party that asks the question), the Registered Party may request such a
question be kept confidential by so indicating and explaining why it believes the question to be
confidential. If the City concurs that the question is in fact confidential, it will respond only to the
Registered Party that has asked the question. If the City considers that the question is not confidential, it
will advise the Registered Party of its view, and the Registered Party can decide to withdraw the
question, or re- submit the question, with or without revisions, as non - confidential. The City reserves the
right in its sole discretion to determine whether a question is confidential or not, and anticipates that
only in exceptional circumstances will it determine a question to be confidential. The City reserves the
right to issue an addendum to the RFQ in light of a confidential question proposed to the City even if
such confidential question is subsequently withdrawn, and in such case, the City will use reasonable
efforts to safeguard the confidentiality of any information identified by the Registered Party as
confidential.
T T1' =Fl
The City reserves the right to issue addenda to this RFQ to all Registered Parties. Any addenda will, as
appropriate, supplement or supersede the information and requirements contained in this RFQ.
Amendments or additions made in any manner other than addenda will not be binding upon any party.
Addenda will be distributed to all Registered Parties by e-mail.
3.7 Information Meeting
An information meeting will be held with all Registered Parties as a group. The purpose of the meeting is
to respond to questions and comments regarding the RFQ document and process. Attendance is
optional and will be limited to four (4) persons per Registered Party.
The Information Meeting will be held:
Date: 12 August 2014
Time: 10:00 a.m. —12:00 p.m. Atlantic Daylight Time
Location: Saint John, New Brunswick: exact location to be announced
Registered Parties wishing to attend should confirm their intention by 4:00 p.m. ADT, 8 August 2014 to
the Designated Contact Person at SCDWP @saintiohn.ca
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Questions and answers exchanged at the meeting will be documented by the City. This document will
become the official record, a copy of which will be provided to Registered Parties by the Designated
Contact Person.
• .
Subject to 5.1 of this RFQ, general information which may assist Registered Parties in preparing their
Submissions can be found on the City of Saint John website at www.saintiohn.ca . Information regarding
the Safe Clean Drinking Water Project is also available at www.saint'ohn.ca/drinkingAater Additional
information regarding the project including a detailed map showing the locations of the improvements
will be provided in electronic format to Registered Parties.
The specifications and requirements for the Project will be provided in the RFP. An electronic data room
will be established for the use of Proponents at the RFP stage.
- s =tt ■.
Respondents are to submit:
One (1) signed bound original Submission (Original);
■ One (1) unbound copy (suitable for reproduction)(to be identified as Copy 1);
k Five (5) bound copies (to be identified as Copies 2 — 6 respectively);
• One (1) electronic copy on CD or USB key, with files in Portable Document Format;
• Four (4) copies of the requested financial statements and annual reports (as set out in the
Submission outline in Chapter 8.1 of Appendix C.
The Submission is to be delivered as one package which will include the financial statements and annual
reports contained in a separate, clearly marked envelope.
Submissions must be received no later than 4:00 p.m. Atlantic Daylight time on Thursday 11
September 2014 (the RFQ Submission Deadline). Submissions received after this time will be rejected.
Submissions must be delivered to:
Cindy Calvin, CPPB
Manager of Materials Management
2nd Floor, Municipal Operations Complex
175 Rothesay Avenue
Saint John, N.B., EV 2134
and should be clearly marked as follows:
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Submission in response to Request for Qualifications — Number 2014 -SCDWP -RFQ: Safe Clean Drinking
Water Project— Registered Party Number (The Registered Party Number will be provided
upon registration).
The time of receipt of Submissions shall be deemed to be the date and time indicated by the City's
date /time stamp or receipt. Submissions can be provided to the City in advance of the above deadline
and can be withdrawn or amended in writing at any time until the deadline.
In order to be considered, a Submission must be made by a Respondent which is a Registered Party, or
which has at least one Team Member which is a Registered Party.
The City will not consider any Submissions or amendments transmitted by facsimile or other electronic
medium.
All Submissions by Respondents become the property of the City upon their submission and will not be
returned.
3.10 Amendment of Submissions
Respondents may amend their Submissions prior to the Submission Deadline by submitting the
amendment in a sealed package to Cindy Calvin CPPB, Manager of Materials Management at the
address presented in Section 3.9. The sealed package shall be prominently marked with the RFQ title
and number, the full legal name and return address of the Registered Party, and the Registered Party
Number. Any amendment should clearly indicate which part of the Submission the amendment is
intended to affect.
3.11 Withdrawal of Submissions
At any time during the RFQ process, a Respondent may withdraw its Submission. To effect a withdrawal,
a notice of withdrawal must be sent to Cindy Calvin CPPB, Manager of Materials Management at the
address presented in Section 3.9. and must be signed by an authorized representative of the
Respondent. The City is under no obligation to return withdrawn Submissions.
3,12 Clarification of Submissions
The City may, in its sole discretion, request Respondents to provide additional information or to clarify
their Submissions. All clarifications will be requested in writing and are to be returned in writing to the
Designated Contact Person by e-mail to SCDWP @saintiohn.ca. Any additional information or
clarification provided by a Respondent will become part of the Respondent's Submission and may be
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relied upon by the City. Only supplementary information or clarification requested by the City will be
accepted as part of a Submission.
Respondents will be required to respond to requests for information or clarification in an expeditious
manner (generally within two days).
3.13 References and Background Checks
The City reserves the right to conduct reference and background checks on Respondents, Team
Members and their Key Personnel. Such inquiries, if any, will be considered in the evaluation.
3.14 Personal Information
All Respondents must ensure that all Key Personnel whose personal information (as defined in the
Personal Information Protection and Electronic Documents Act (Canada) and Right to Information and
Protection of Privacy Act (New Brunswick)) which is reasonably necessary is provided to the City (1) have
authorized and consented to the inclusion of the personal information in the Respondent's Submission,
(ii) have authorized and consented to the use of the personal information by the City for the purposes of
evaluating the Submission and conducting appropriate due diligence, including but not limited to
reference and background checks, (iii) have been advised of the purpose for which the personal
information is collected, the legal authority for the collection, and that they may contact the Designated
Contact Person with any questions regarding such collection and use of personal information, and (iv)
that the Respondents have taken reasonable steps to ensure that the personal information of all Key
Personnel is accurate and complete. Upon the City's request, the Respondent must provide evidence of
compliance with this section.
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4. Evaluation Process and Criteria
4.1 Evaluation Process
The evaluation of the Submissions will be based on the contents of the Submissions, any information or
clarifications provided at the request of the City, if any, and any reference or background checks carried
out by the City or its consultants.
Submissions should be prepared and submitted in the format set out in the Submission Outline-attached
as Appendix C and must comprehensively and completely address all requirements contained therein.
4.2 Evaluation of Submissions
Submissions will be evaluated in three parts:
N Mandatory Requirements and Completeness Evaluation (Pass /Fail);
P Financial Capacity and Financing Expertise Evaluation (scored);
o Technical Expertise Evaluation (scored).
4.2.1 Mandatory Requirements and Completeness Evaluation
Mandatory requirements will be evaluated on a pass /fail basis. This will confirm that:
• The Submission was received prior to the RFQ Submission Deadline;
• The Respondent is, or includes, a Registered Party;
i The Respondent has complied with all mandatory requirements;
■ The Submission is in English;
The Submission is presented in the format set out in Appendix C;
All requested information is contained in the Submission, including the financial statements and
annual reports requested in Chapter 8.1 of Appendix C
■ The Submission includes the mandatory forms as set out in Schedules 1, 5, 6 and, if required,
Schedule 7 of Appendix D, properly executed.
■ The Submission includes letters of intent /highly confident letters as set out in Schedules 2, 3 and 4
of Appendix D from the insurance broker, Financial Institution and /or surety which meet the
requirements set out in chapters 8.2 and 8.3 of Appendix C;
Other than inserting the information requested on the mandatory forms set out in Appendix D of this
RFQ, a Respondent shall not make any changes to any of these forms.
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Respondents whose Submissions fail to satisfy the mandatory requirements as of the Submission
Deadline will be provided with an opportunity within the Rectification Period to rectify any deficiencies.
The Rectification Period will begin to run from the date and time that the City issues its rectification
notice to the Respondent. Submissions failing to satisfy the mandatory requirements within the
Rectification Period will be excluded from further consideration.
Submissions satisfying the mandatory requirements will proceed to the Financial Capacity and Financing
Expertise, and Technical Expertise Evaluation stages. Submissions failing to satisfy the mandatory
requirements within the Rectification Period will be excluded from further consideration.
4.2.2 Financial Capacity and Financing Expertise Evaluation
The Prime Team Members of each Respondent are required to demonstrate that they have the financial
resources and skills to assume their responsibilities in regard to the Project in the short, medium and
long term.
The Respondent and its Prime Team Members, as applicable, should have a sound and healthy balance
sheet as demonstrated notably by the debt /asset ratio and available liquidity. There should not have
been any significant deterioration in the balance sheet over the last three years that would cast doubts
on their ability to complete the Project. They should have generated positive cash flow from operating
activities and demonstrate the capacity to take on the Project as part of their overall work in progress
and order book. Finally, they must be able to demonstrate their ability to provide the necessary
insurance and guarantees.
The Respondent must also demonstrate that it has experience in raising financing comparable in
quantum and structure to the financing that will need to be raised for the Project.
4.2.3 Technical Expertise Evaluation
Submissions will be evaluated in regard to the expertise of the Respondent, its Team Members and the
Key Personnel to carry out the Project.
The Respondent must demonstrate that it has experience in managing, designing, constructing,
operating, maintaining and rehabilitating Projects that are similar to this project including projects
similar in size and complexity.
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4.2.4 Evaluation Criteria
Submissions will be rated using the following criteria and weightings:
Evaluation Criteria
Weighting
Organization and Management
15
• Organization
• Philosophy
• Project Management Expertise
• Quality Management and Management System Expertise
Design
20
Construction
�5
Operation, Maintenance and Rehabilitation - Category 1 & 2
25
• Operation and Maintenance Expertise
• Lifecycle Management and Rehabilitation Expertise
Financial
15
• Financing Expertise
• Financial Capacity
Total
100%
4.3 Selection, Notification and Debriefing of
Respondents
4.3.1 Notification of Shortlisted Respondents
The shortlisted Respondents selected to proceed to the RFP stage, as established by the evaluation, will
be notified in writing by the City.
4.3.2 Notification to Other Respondents
Once the shortlisted Respondents are notified of their selection to proceed to the RFP Stage, the other
Respondents will be notified in writing by the City of the outcome of the RFQ process.
The City will offer to debrief each Respondent after the announcement of the shortlist and prior to the
issuance of the RFP.
Each Respondent requesting a debriefing must submit its request in writing to the Designated Contact
Person within fourteen days of the notification of the short- listed Respondents who have been selected
as Proponents.
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5. General Conditions
5.1 Available Information
Each Respondent is solely and exclusively responsible for ensuring it has all information necessary to
respond to this RFQ. The City makes no representation or warranty and offers no assurance as to the
accuracy, appropriateness or completeness of the information contained herein or otherwise provided
as part of this RFQ process, all of which has been or will be provided and made available on an "as is,
where is" and "without recourse" basis.
5.2 Communications Procedures
Each Registered Party and Respondent to this RFQ must avoid making any public comment, responding
to questions in a public forum, or carrying out any activities to publicly promote or advertise its
qualifications or interest in the Project and in the case of a Respondent (or any Registered Party that is a
Team Member of a Respondent) disclosing any details of its Submission, except for its Submission
pursuant to this RFQ.
Registered Parties and Respondents must not initiate any communication or contact with the Mayor,
Members of Common Council, Members of the House of Commons, the Senate, the New Brunswick
Legislative Assembly or their staff, or staff of the City, the Federal and Provincial governments or the
City's advisors, or any other persons connected in any way with the Project, other than the Designated
Contact Person except as otherwise provided for in this RFQ.
5.3 Conflict of Interest
Respondents are required to disclose any conflict of interest, actual or potential, which exists now or in
the Respondent's opinion, may exist in the future, under a Conflict of Interest Declaration in the form
attached as Schedule 5 of Appendix D.
As a result of their current involvement in the Project, the following individuals, firms, organizations and
their affiliates are not eligible to participate as a Respondent, an employee, associate, partner, director,
officer, advisor, consultant, sub - consultant, or Team Member of a Respondent, in this RFQ process, or
advise, or assist, any Respondent in connection with this RFQ process (the "Restricted Parties" or
"Restricted Party ") as follows:
■ PricewaterhouseCoopers LLP
a CBCL Limited
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Opus International Consultants Ltd.
® Opus Dayton Knight Consultants Ltd.
�- Carollo Engineers Inc.
NCE Value Engineers Inc.
a Conquest Engineering Ltd.
p Kierstead, Quigley, and Roberts Ltd.
Murdock and Boyd Architects
r. Brouco Services Inc.
Robinson Consultants Inc.
Torys LLP
■ Grant Thornton LLP
Morrison Hershfield Limited
a NiddCap Consulting Inc.
■ Procurement Law Office Professional Corporation
any former or current employee of the City, Province of New Brunswick, or PPP Canada who through
his /her employment has or has had direct involvement with the Proponent selection process for the
Project
The onus is on the Respondents to ensure that they do not involve or include or receive information or
assistance from any Restricted Party in connection with this RFQ process.
The City may, in its sole and absolute discretion, disqualify a Respondent that involves, includes or
receives information or assistance from any of the Restricted Parties listed above in any manner in the
preparation of its response or participation in this RFQ process. Respondents are required to review the
list of Restricted Parties and disclose any relationship the Respondent has to a Restricted Party on the
form provided in Schedule 5 of Appendix D. The City may, in its sole and absolute discretion, determine
whether any such relationship constitutes a Conflict of Interest.
The list of Restricted Parties may be updated by the City at any time during this RFQ process. Changes to
the list will be made by addendum.
If a Respondent has a question as to whether a particular relationship or association creates a Conflict of
Interest then the Respondent shall fully disclose the circumstances to the City at the earliest possible
date, and request that the City provide an advance interpretation as to whether the relationship or
association will be likely to create a Conflict of Interest or a perception of Conflict of Interest. The City
will provide confidential responses to such inquiries.
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Prime Team Members are only permitted to be members on one Respondent. The City reserves the
right to disqualify any Respondent which, in the sole discretion of the City, has a conflict of interest,
whether such conflict exists now or arises in the future.
Each Respondent's Submission shall be submitted without any connection, knowledge, comparison of
information or arrangement with any other Respondent (or any Team Member, employee,
representative or agent thereof). It is the responsibility of each Respondent to ensure that its
participation in this RFQ process is conducted fairly and without collusion or fraud.
Common ownership between Team Members on different Respondents ( "Common Ownership ") that
may reduce, or be perceived to reduce, the competition between the applicable RFP proposals
( "Competition Reduction ") in the event such Respondents are short- listed may result in removal of the
Respondent from the RFQ process. Therefore, Respondents shall fully disclose any Common Ownership
between Team Members on different Respondents to the City at the earliest possible date, and request
that the City provide an advance interpretation as to whether the particular Common Ownership would
be determined to be Competition Reduction. If the City determines a particular Common Ownership to
be Competition Reduction, then the City may remove all but one of the Respondents involved in the
Common Ownership (the "Commonly -Owned Respondents") from the RFQ process or, if the
determination occurs after the RFP has been issued, from the RFP process.
The City may, in its sole discretion, determine which Respondent involved in the Common Ownership
may continue in the RFP process based upon the Respondent involved in the Common Ownership with
the highest evaluation score pursuant to Section 4.2 Evaluation of Submissions. If there is a tie among
the highest evaluation scores among two or more Commonly -Owned Respondents, the City may
determine the Respondent involved in the Common Ownership that is not removed based upon a
random draw among the Commonly -Owned Respondents with the tied highest evaluation scores.
Whether the City determines that there is Competition Reduction is fact specific and depends upon a
number of factors, including without limitation some of the following criteria:
• the nature of the role the commonly -owned Team Members play with their respective
Respondent, including without limitation whether the commonly -owned Team Members are
Prime Team Members with their respective Respondent;
• the size of the role the commonly -owned Team Members play in terms of the Project;
• the anticipated public perception should the non - commonly -owned Respondent drop out of
the RFP process for whatever reason leaving only the two Commonly -Owned Respondents. In
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such case, would the nature and degree of Common Ownership be such that the public may
perceive competition to be lessened;
• whether the nature of the Common Ownership is indirect such as a Team Member's pension
plan holds units in a fund and that fund holds shares in a Team Member with another
Respondent;
• given similar facts, what have other jurisdictions in Canada and around the world done. Have
other jurisdictions allowed the Commonly -Owned Respondents to be proponents under a
request for proposals;
• would the Commonly -Owned Respondents be considered related, associated, or at non -arm's
length under the income Tax Act (Canada) and case law;
• any measures the Commonly -Owned Respondents propose to implement to give the City
comfort that there are no communications (express or implied) between the commonly -owned
Team Members in respect of the RFQ process or the RFP process;
• the number of Respondents; and
• whether the commonly -owned Team Members provide specialized services which can only
commercially reasonably be provided by a very limited number of entities.
# NIUMMUMFUNTEUMM,
A Respondent should identify any information in its Submission supplied in confidence for which
confidentiality is to be maintained by the City. The confidentiality of such information will be maintained
by the City, except as otherwise required by law including the Right to Information and Protection of
Privacy Act (New Brunswick) or by order of a court or tribunal. Respondents are advised that their
Submissions will, as necessary, be disclosed, on a confidential basis, to the staff, advisors, agents and
representatives of the City retained for the purpose of evaluating or participating in the evaluation of
their Submissions. If a Respondent has any questions about the collection and use of personal
information pursuant to this RFQ, questions are to be submitted to the Designated Contact Person.
5.6 Costs to Respondents
All costs incurred by a Respondent in the preparation of its Submission in response to this RFQ or in
providing any additional information necessary for the evaluation of its Submission shall be borne by the
Respondent. The City will not be liable for paying such costs in any circumstance, including, without
limitation, in the event of a rejection of a Submission, the disqualification of a Respondent, the
cancellation of the selection process or otherwise.
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5.7 Changes in Composition of a Respondent
If at any time following its Submission in response to this RFQ there is an addition to, deletion from, or
change in the membership of a Respondent or change of effective control in any Team Member after a
Submission in response to this RFQ has been submitted, the Respondent or Proponent shall notify the
Designated Contact Person, in writing, within five working days of any such change. The City will
consider such addition, deletion, or change in accordance with the same criteria as are used in the
evaluation of a Submission in response to this RFQ. The City reserves the right to disqualify the
Respondent or Proponent if, in its sole discretion, the change negatively affects the ability of the
Respondent or Proponent to carry out the Project.
Before agreeing to any change in the membership of the Respondent or Proponent, the City may require
some or all Team Members, to indicate in writing their agreement to the change in membership.
5.8 Failure to Comply
Failure to comply with any requirement of this RFQ may result in a Respondent's disqualification, in the
sole discretion of the City.
5.9 Rights of the City
The City may, in its sole discretion, independently verify any information regarding a Respondent, its
Team Members or its Submission.
The City may, in its sole discretion, consider in its evaluation of a Respondent Submission:
a. whether the Respondent or any Team Member has been disqualified from any other
procurement process as the result of any convictions related to inappropriate bidding
practices or unethical behaviour or has been convicted or incurred any administrative
penalties or liability related to inappropriate bidding practices or unethical behaviour in
relation to a public or broader public sector tender or procurement in any Canadian or other
jurisdiction;
b. any adverse rulings or convictions involving fraud, fraudulent misrepresentation or
professional misconduct involving the Respondent or any Team Member.
The issuance of this RFQ does not obligate the City to enter into a contract with any party, nor does this
RFQ constitute an offer to enter into a contract with any party.
The City reserves the right, in its sole discretion, to change the dates, deadlines, limits and scope of the
Project, to reject any or all of the Submissions, to cancel this RFQ or the Project, or to elect not to
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proceed with an RFP, without incurring any cost or liability to the City for costs and damages incurred by
any Respondent.
The City reserves the right, in its sole discretion, to waive any irregularities in any Submission, to request
clarification and additional information on any Submission and to re- advertise for new Submissions for
the Project.
If, in the reasonable opinion of the City, a Respondent deals in bad faith with the City, such Respondent
may, at the option of the City, be disqualified.
The City reserves the right to disqualify any Respondent whose Submission, in the sole discretion of the
City, contains any false or misleading information.
5.10 Release By Respondents
Each Respondent and its Team Members acknowledge that in responding to this RFQ they thereby
separately and collectively waive and release any claim or right of action against the City, the Province of
New Brunswick, the Government of Canada, their agents, legislators, consultants, officials, employees,
subsidiaries, successors and assigns, arising out of or in conjunction with this RFQ or the processes and
determinations provided for herein.
5.11 Governing Law and Interpretation
The terms and conditions in this RFQ:
(a) are included for greater certainty and intended to be interpreted broadly and separately
(with no particular provision intended to limit the scope of any other provision);
(b) are to be governed by and construed in accordance with the laws of the Province of New
Brunswick and the federal laws of Canada applicable therein.
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Appendix A — Glossary of Terms
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Unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the
meanings ascribed thereto in this Appendix A. Where a term is defined in this RFQ, the singular shall
have corresponding meaning to the plural unless the context otherwise requires.
Business Day A day other than a Saturday, Sunday, or statutory
holiday under the laws of Canada or the Province of
New Brunswick or a civic holiday proclaimed by the
City.
City The City of Saint John, New Brunswick.
Common Council The elected municipal council of the City.
Components The individual elements of work as described in
Appendix B of this RFQ which are to be designed,
constructed and financed and as the case may be
are to be operated, maintained and rehabilitated as
part of this Project.
Designated Contact Person The individual who is the Project Manager and has
been identified, except as otherwise indicated in
this RFQ, as the single contact to communicate with
Registered Parties during the RFQ phase of the
Project.
Financial Institution Any Schedule I Canadian Chartered Bank as defined
in the Bank Act (Canada)
Key Personnel The individuals nominated by the Respondent to
perform the following roles : Project Manager;
Design Manager; Construction Manager; Quality
Manager; Operation, Maintenance and
Rehabilitation Manager; Financing Manager; and
any other persons identified by the Respondent as
Key Personnel.
Preferred Proponent The Proponent that is selected under the RFP to
enter into the Project Agreement to carry out the
Project.
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Prime Team Member A Team Member with an equity interest in the
Respondent or a Member of a Respondent
responsible for at least one of the following
25% or more of the project management work;
■ 25% or more of the design work;
25% or more of the construction;
25% or more of the operation, maintenance
and rehabilitation of the Project;
or anyone so named by the Respondent.
Project The design, construction and financing of the
Components and the operation, maintenance and
rehabilitation of Components 1 -1 (Water Treatment
Plant) and 1 -2 (water storage at the WTP site) for an
operations period of 30 years.
Project Agreement The agreement to be entered into between the City
and the Successful Proponent in conjunction with
the Project.
Project Manager Dean Price, P.Eng., or his designate
Proponent A Respondent that has been selected as a
shortlisted Respondent to proceed to the RFP phase
of the process.
RFP The Request for Proposals for the Project.
RFQ The Request for Qualifications for the Project.
Rectification Period Rectification Period has the meaning ascribed
thereto in Section 3.2
Registered Party An individual, firm or consortium of individuals or
firms that has registered with the City and been
recorded onto the Official List of Registered Parties
in regard to this RFQ phase.
Respondent A Registered Party or a consortium of firms (or
individuals, if applicable) that includes a Registered
Party who submits a response to this RFQ.
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RFQ Submission Deadline RFQ Submission Deadline has the meaning ascribed
thereto in Section 3.2
Submission A submission by a Respondent in response to this
RFQ
Successful Proponent The Proponent who enters into the Project
Agreement to carry out the Project.
Team Member A firm (or individual, if applicable) who is a member
of a Respondent.
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Appendix B — Project Scope
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The Project consists of thirteen Components of work, grouped into five categories, which together are
required to address the technical objectives of providing City residents with good quality water,
providing an adequate supply of water for customer use and fire protection and rehabilitating the water
supply system.
The Successful Proponent will be responsible for the design, construction, financing, and for a period of
30 years the operation, maintenance and rehabilitation (DBFOM) of Category 1 and Category 2 Works
which consist of a new 75 ML /day water treatment plant and new storage reservoirs with a total
capacity of 33 ML both on the same site.
The Successful Proponent will be responsible for the design, construction and financing (DBF) of
Category 3, Category 4, and Category 5 Works which include various improvements to the water source
infrastructure, construction of new water mains, the rehabilitation of selected existing water mains, well
site development and related improvements.
The 13 Components within the five categories are described below:
CATEGORY #1: WATER TREATMENT
1 -1: Water Treatment Plant (WTP) — East Saint Jo_ hn
• WTP design capacity of 75 ML/day;
• Treatment process to include removal of natural organic matter, removal of turbidity, primary
and secondary disinfection, and corrosion control;
Residuals Management required: on -site treatment system required;
} General site services, yard piping, pumping, grading, and reinstatement;
• Greenfield site (WTP site) bound by Little River Reservoir and Hickey Road.
CATEGORY #2: STORAGE
2 -1: Storage at WTP — East Saint John
• Above ground treated water storage reservoirs with a combined volume of 33 ML;
• Located on WTP Site.
CATEGORY #3: SOURCE IMPROVEMENTS
3 -1: Robertson Lake Dam — East Saint John
* Increase earthen dam embankments elevation to provide 0.80 m of additional freeboard;
• Reinforce and raise the left retaining wall;
• Increase elevation around intake structures and remove gate house;
• Construct new access road from Clover Valley Road to the east embankment of Robertson Lake
Dam;
Repair surface damage to concrete structures on the main spillway section, including anchor
installation.
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3 -2: Latimer Lake Intakes & Dam Upgrades — East Saint John
Intakes
• Replace existing 900 mm dia. intake with two new 1200 mm dia. intakes complete with screens;
a Replace existing 1050 mm intake screen
Repairs to existing underwater concrete screen chambers.
Main Dam
• Raise existing earthfill embankment dam;
• Construct new dike;
• Construct secondary spillway;
• Construct tailrace channel to Dry Lake complete with access road approximately 145 m.
South Dam
• Remove approximately 40 m of South Dam earthfill embankment;
• Construct new spillway structure;
• Replace existing structure on Latimer Lake Road with 2 culverts
■ Construct tailrace channel and access road approximately 400 m.
CATEGORY #4: TRANSMISSION & PUMPING
4 -1: Lakewood Heiehts Pump Station to WTP — East Saint John
• Construct 3 — 900 mm dia. water transmission mains(including crossing Little River):
• Two (2) 900 mm dia. untreated water transmission mains (2 @approx. 850 m);
• One (1) 900 mm dia, water transmission main to feed treated water (approx. 850 m);
• Construct a 300 mm dia. treated water transmission main (approx. 110 m);
• Interconnect proposed water transmission mains to existing water transmission mains network
near Lakewood Heights Pump Station;
4 -2: WTP to Commerce Drive — East Saint John
Construct 900 mm dia. and 600 mm dia. water transmission mains (including crossing Little
River):
• One (1) 900 mm dia. treated water transmission main (approx. 3050 m);
• One (1) 600 mm dia. treated water transmission main (approx. 400 m):
• One (1) 600 mm dia. untreated water transmission main to supply water to industry.
(approx. 3360m);
• Interconnect proposed water transmission mains to existing transmission system;
4 -3: Loch Lomond Road & Westmorland Road — East Saint John
• Construct 600mm dia. water transmission main (approx. 2330 m):
■ Interconnect proposed water transmission main with existing transmission system;
Construct new pressure reducing valve (PRV) station.
4 -4: East Pressure Modifications — East Saint John
• Modify existing transmission and distribution systems in high pressure areas or install pressure
reducing valves as necessary on service plumbing.
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4 -5: Well Site Development — West Saint John
• (Note: Three (3) production wells to service West Saint John are to be constructed (total
minimum capacity - 22 ML /day) by the City). This work is not included in the scope of the
Project;
• Construct all necessary 400 mm dia. and 600 mm dia. yard piping including necessary
appurtenances;
• Construct and equip buildings at Well Head #1 and Well Head #2;
• Construct and equip mechanical & control building at Well Head #3 and back -up power
generator building;
• Construct well pumps, electrical and mechanical systems and all necessary valves, sensors, etc.);
4 -6: Spruce Lake Pump Station Upgrades— West Saint John
• Modify the existing Spruce Lake Pump Station to receive the pumped flows from the well site.
CATEGORY #5: WATER MAIN REHABILITATION
5 -1: Lakewood Heights Pump Station to Westmorland Road (Structural Lining) — East Saint John
• Structural Rehabilitation of two (2) 600 mm dia. cast iron water transmission mains:
• One (1) water transmission main for treated water (approx. 3850 m);
• One (1) water transmission main for untreated water (approx. 2600 m);
• Construct a treated water distribution main (approx. 350 m);
• Transition water services from both 600 mm dia. cast iron mains to a local water distribution
main.
5 -2: Rothesav Avenue (Structural Lining) — East Saint John
Structural Rehabilitation of a 600 mm dia. cast iron treated water transmission main (approx.
920 m);
• Construct a treated water distribution main (approx. 1130 m);
■ Transition water services from 600 mm dia. cast iron mains to new water distribution main.
5 -3: Ocean Westway (Structural Lining) —West Saint John
• Structural Rehabilitation of an abandoned 600 mm dia. cast iron water transmission main
(approx. 4000 m);
• Construct 600 mm dia. yard piping and connect to existing suction line to direct flows to the
Spruce Lake Pump Station.
The City is currently completing the development of the project requirements which may result in
adjustments to the above Components. The Project requirements will be provided in the RFP
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Appendix C — Submission Outline
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Submission Outline
Submissions must comply with the format provided in this appendix and should comprehensively
address the requirements of each chapter. No assumptions should be made that the City has any prior
knowledge of the Respondent, its Team Members, or its Key Personnel and their experience, expertise
or performance on other projects other than that which is submitted.
Submissions must be submitted in the English language.
Submission of Parent Company Information
Where a Prime Team Member presents experience or financial statements and information of its parent
company in support of its submission, it must provide a letter of support from the parent company (in
the format provided in Schedule 7 of Appendix D) clearly indicating that the latter will guarantee the
obligations of the Prime Team Member with respect to the Project.
In addition, for each Prime Team Member put forward with respect to financing expertise, the
Respondent should provide the financial information as requested Chapter 8.1 for both the parent
company and the Prime Team Member.
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Project Data Sheets
Where the Respondent is requested in the following chapters (except chapter 7, where a different
format is specified for the requested information) to provide project data sheets describing the
Respondent's previous or current experience, these project data sheets (maximum of three (3) pages
per project) should present projects that are comparable in size, scope, complexity, content and
activities to the Project and include the following information;
k. Name and location of the project;
Name of project client
Value of the project;
Scheduled and actual completion dates(including an explanation of any variance);
■ Description of the project that demonstrates the relevant skills;
• Description of the roles of Team Members and their scope of work on the reference project;
• Description of the roles of proposed Key Personnel on the reference project;
• Budget and final cost(inciuding an explanation of any variance);
■ Claims settled and outstanding;
■ The name and contact information (current e-mail address and telephone number) of an
independent client contact who can verify the information;
■ Other relevant information.
Respondents should provide sufficient (minimum of three (3) / maximum of five (5)) project data sheets
to fully describe the Respondent's experience in each area of expertise following the format described
above.
Respondents should refrain from including additional information not specifically requested in this RFQ
such as company brochures. Any extraneous information will be discarded during the evaluation
process.
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Submission Format
Introductory Information
ro. Cover Page
A list that identifies all Team Members and Key Personnel of the Respondent
a Transmittal Letter
Table Of Contents
Chapter 1: Organization and Philosophy
1.1 Description of Respondent
Provide j description of the Respondent, including a description of all Team Members and the
anticipated legal relationship among the Prime Team Members (e.g., partners, joint- venture,
shareholders, client - consultant). Please provide a copy of the Memorandum of Understanding (or other
applicable agreements) which establishes the relationship between the Prime Team Members of the
Respondent and the % of each Prime Team Member's interest.
1.2 Roles of Team Members
Briefly outline the Team Members' roles and identify which Team Member(s) will provide equity in the
Project and which Team Members will take the lead in carrying out the various roles. Provide an
organizational chart showing the relationship between Team Members. In doing so, please show that
the Respondent is complete and able to address all of the Project requirements, including but not
limited to:
Project Management Expertise;
4 Quality Management Expertise and Management System Expertise;
■ Design Expertise;
0 Construction Expertise;
e. Operation, Maintenance and Rehabilitation Expertise; and
s Financing Expertise.
1.3 Roles of Key Personnel
Identify the roles that will be played by Key Personnel in the form of one or more organization charts
(refer to the Glossary for a definition of Key Personnel). In doing so, please ensure that the Key
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Personnel address all of the major Project requirements. Identify and, as required in Chapter 9, submit
resumes for all Key Personnel.
1.4 Controlling Interests
Identify the individuals, companies or other firms who hold a controlling interest in each Team Member.
1.5 Prior Working Relationships
Briefly describe prior working relationships among Team Members and Key Personnel.
. r ., •,.
Provide a contact person for all future communications between the City and the Respondent. Please
include the contact person's name, title, organization, postal address, telephone number (including
country code) and e-mail address.
=.*
Briefly describe (maximum 5 pages):
the Respondent's proposed approach to delivering the Safe Clean Drinking Water Project on -time
and on- budget;
the Respondent's proposed approach to delivering a quality project which satisfies the objectives of
the Project and achieves the infrastructure and service results that the City requires during the
design and construction phase and during the operation, maintenance and rehabilitation phase; and
w the Respondent's proposed approach to avoid and resolve disputes once the Project Agreement is
executed.
Provide examples of the Respondent's approach to support the above descriptions.
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Chapter 2: Project Management Expertise
Request for
Qualifications
For each Team Member put forward with respect to project management expertise, provide a
description evidencing the full set of project management skills that will be required for the Project,
including:
The ability to mobilize a team and implement similar projects;
■ Management of municipal infrastructure projects including water and /or waste -water system
projects similar to this Project;
Management of projects that include various disciplines such as design, construction, operation,
maintenance and rehabilitation;
a Management of projects in similar environments and jurisdictions;
V Scheduling, budgeting and resourcing for complex projects at all stages of the project (including
design, construction, commissioning, operation and handback);
■ Management of costs, changes, and compliance with established budgets and schedules;
• Management of risk;
Familiarity working with the public sector including local governments and communities; and
L_ Public communications.
Provide project data sheets outlining examples of the Respondent's and /or its Team Members' recent
experience that demonstrates the relevant skills.
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Chapter 3: Quality Management and Management
System Expertise
For each Team Member put forward with respect to quality management expertise and management
system deployment and operation, provide a description evidencing the full set of functional skills that
will be required for the Project, including:
u Quality assurance (QA) and quality control (QC) with respect to design of similar projects including
projects of similar size and complexity;
NI QA and QC with respect to construction of similar projects including projects of similar size and
complexity;
■ QA and QC with respect to operation and maintenance of similar size projects, including water
and /or waste -water treatment plant and storage reservoir operation and maintenance;
n Management of quality matters in cooperation with clients, including dispute resolution with
respect to quality issues;
a Development of quality, environmental, and safety management systems
R Deployment of quality, environmental, and safety management systems; and
■ Management system certifications.
Provide project data sheets outlining examples of the Respondent's and /or its Team Members' recent
experience that demonstrates the relevant skills.
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Chapter 4: Design Expertise
Request for
Qualifications
For each Team Member put forward with respect to design expertise, provide a description evidencing
the full set of functional skills that will be required for the design of the Project, including:
ri Design of water system projects including the design of
water treatment plants (surface water source and similar raw water quality) and
residuals management,
a water storage reservoirs,
water intakes, spillways and the rehabilitation of dams,
r water transmission mains, pumping stations, and
r the rehabilitation of water transmission mains;
r Design of water and /or waste -water system projects that include automation, instrumentation,
controls, and SCADA development;
�+ Design of water and /or waste -water system projects that include architectural and landscaping
features;
Design of similar projects in the New Brunswick, Canadian or North - Eastern United States
environments;
Design of similar water system projects in an urban environment, including experience with traffic
management, the maintenance of customer water services, and the coordination of multiple water
infrastructure projects within an operating municipal water distribution system;
Design of projects that integrate the requirements of various disciplines such as construction,
operation, maintenance and rehabilitation;
Familiarity with Canadian and /or New Brunswick standards and practice, including environmental
laws and regulations;
Innovation;
■ Energy management in water treatment and pumping;
Environmental protection of watercourses and wetlands, groundwater, fish and wildlife habitat, and
control of soil erosion and sedimentation;
r Landscape management;
■ Management of archaeological issues;
Management and remediation of contaminated soil;
■ Obtaining permits and approvals;
r. Integration of environmental protection in the design process;
■ Integration of safety management in the design process; and
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■ Capacity to undertake the design requirements of the Project or a brief explanation of the plan to
obtain the required capacity.
Provide project data sheets outlining examples of the Respondent's and /or its Team Members' recent
experience that demonstrates the relevant skills.
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Chapter 5: Construction Expertise
Request for
Qualifications
For each Team Member put forward with respect to construction expertise, provide a description
evidencing the full set of functional skills that will be required for the construction of the Project,
including:
r Construction of water and /or waste -water treatment plants, storage reservoirs, water transmission
and distribution mains, pumping stations, water intakes, including the restoration of streets and
urban landscape;
Rehabilitation of existing water transmission and distribution mains;
+ Rehabilitation of concrete and earth dams;
a Construction of spillways;
Construction of water and /or waste -water system projects which include automation,
instrumentation, controls, and SCADA systems;
Construction of water and /or waste -water system projects in an urban environment, including
experience with traffic management, the maintenance of customer water services, and the
coordination of multiple water infrastructure projects within an operating municipal water
distribution system;
■ Commissioning water treatment plants and water transmission systems;
Construction of projects that integrate the requirements of various disciplines such as design,
operation, maintenance and rehabilitation;
Construction of similar projects in the New Brunswick, Canadian or North- Eastern United States
environments;
Familiarity with Canadian and /or New Brunswick standards and practice, including environmental
laws and regulations;
F-. innovation;
r Worker and public safety protection;
■ Integration of environmental protection of watercourses and wetlands, groundwater, fish and
wildlife habitat and control of air quality, soil erosion, construction noise in the construction
process; and
■ Landscape management;
U Management of archaeological issues;
Management and remediation of contaminated soil;
.® Obtaining permits and approvals;
■ Emergency response and communication;
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Capacity to undertake the construction requirements of the Project or i brief explanation of the
plan to obtain the required capacity.
Provide project data sheets outlining examples of the Respondent's and /or its Team Members' recent
experience that demonstrates the relevant skills.
22 July 2014
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Qualifications
Chapter 6: Operation, Maintenance and Rehabilitation
Expertise
For each Team Member put forward with respect to water treatment plant and water reservoir
operation, maintenance and rehabilitation (O.M.R.) expertise, provide a description evidencing the full
set of functional skills that will be required for the operation, maintenance and rehabilitation of the
Project, including:
ix Operation and maintenance of water treatment plants and water reservoirs in environments similar
to Saint John (New Brunswick, Canada or North - Eastern United States; surface water source) and
elsewhere;
■ Familiarity with Canadian and /or New Brunswick laws and regulations including water quality
standards;
z Maintenance management, preventive maintenance and asset management systems use and
deployment;
ae Automation, instrumentation and SCADA systems;
■ Energy management;
■ Residuals management;
Water treatment plant and water reservoir rehabilitation;
d Worker safety protection;
s Staff training (safety and technical);
® Safety program deployment (staff and public);
* Technical support including discussion of availability (numbers and qualifications of support staff
and scope of support by region);
Integration of environmental protection;
■ Coordination with water distribution clients and other public agencies;
V External communication; and
5 Capacity to undertake the O.M.R. requirements of the Project.
Provide project data sheets outlining examples of the Respondent's and /or its Team Members' recent
experience that demonstrates the relevant skills. Please include information regarding the capacity and
raw water quality (surface water, ground water and water alkalinity) of treatment plants presented in
the relevant project data sheets.
22 July 2014
City of Saint John
201
Cie
Safe Clean Drinking Water Project Request for
Qualifications
Chapter 7: Financing Expertise
For each Prime Team Member put forward with respect to financing expertise, provide a description
evidencing recent, extensive and successful experience with respect to providing, securing or arranging
non - recourse project financing similar in quantum and structure to the financing that will be concluded
for the Project.
7.1 Experience with project financing
Respondents should provide three (3) projects (maximum of three (3) pages per project) demonstrating
their experience with respect to the development and implementation of financing for similar size
projects in the last four (4) years indicating the following:
• Description of the project (assets, location, greenfield or brownfield, construction period, status
i.e. in procurement, under construction, in operation);
• Total cost of the project;
The commercial structure (contractual relations and cash flows);
+ Financing structure;
Types of financial instruments used;
• Participating financial institutions;
• Relevance of the project (financing, nature and scope);
• Each of the three (3) projects must have involved a long term financing structure (bank or bond
borrowings) of at least $50 million;
• The Respondent must indicate which Prime Team Members were responsible for structuring
and implementing financing and each involved Prime Team Member's role relative to financing
for each reference project;
• The projects presented for the Respondent could be the same as those presented for the
Financing Manager; and
The project financing must have been arranged by a Prime Team Member responsible for
arranging the financing for the Project.
7.2 Financing Manager Experience
The Respondent must provide:
• The resume for the Financing Manager for the Project which should include:
o Name of current employer;
o Number of years' experience in the proposed role on the Project; and
22 July 2014
City of Saint John
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C13
Safe Clean Drinking Water Project Request for
Qualifications
o Project descriptions which describe the roles and responsibilities of the Financing
Manager in three (3) comparable projects undertaken in the last four (4) years
demonstrating the Financing Manager's experience with project financing (maximum of
[3) pages per project), Each project description should include:
Description of the project (assets, location, greenfield or brownfield,
construction period, status i.e. in procurement, under construction, in
operation);
■ Description of the role undertaken by the Financing Manager;
■ Total cost of the project;
• The commercial structure (contractual relations and cashflows);
• Financing structure;
• Types of financial instruments used;
• Participating financial institutions (mandated lead arrangers and equity
sponsors);
• Relevance of the project (financing, role, nature and scope); and
■ A client reference: to be considered valid, each reference project must include a
client reference able to confirm the quality of relevant accomplishments. Each
of the three (3) projects must have involved a long term financing structure
(bank or bond borrowings) of at least $50 million;
• The projects presented for the Financing Manager could be the same as those presented for the
Respondent.
If the Financing Manager is not an employee of a Prime Team Member, he /she must sign and submit the
Declaration (Schedule 1 of Appendix D) in order to be considered for assessment.
7.3 Preliminary Financing Plan
Respondents must provide a Preliminary Financing Plan outlining their proposed approach to raising the
necessary financing for the Project including a description of key issues and mitigation factors.
Respondents must also provide a list of key success factors and any relevant credit enhancement which
they believe will enable the financing of the Project to succeed (maximum of 3 pages).
22 July 2014
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203
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Safe Clean Drinking Water Project Request for
Qualifications
Chapter 8: Financial Capacity
8.1 Financial Statements and Other Information
Provide the following for each Prime Team Member:
■ Copies of audited annual financial statements for the last three fiscal years and quarterly financial
statements for every quarter since the latest annual financial statement;
Et Where audited annual financial statements are not available, the unaudited annual financial
statements including management discussion and analysis if available, for the last three fiscal years
or the equivalent financial information if the unaudited annual financial statements and
management discussion and analysis are not available;
■ Confirmation of the absence of any material financial information not disclosed in information
already provided, signed by the CFO or controller of the entity or by a director, officer, or employee
of the entity authorized to sign such confirmation;
■ For entities with rated debt, a copy of the most recent rating report (including any credit watches
issued since the issuance of that report) from each rating agency that rates the entity's debt, or a
confirmation that no such information exists;
■ Order book value, in dollars, for each of the next three (3) years;
■ A statement giving permission to the City to review their credit rating;
■ Confirmation of no material adverse change from the date of the most recent financial statements
not reflected in information already provided, signed by the CFO or controller of the entity or by a
director, officer, or employee of the entity authorized to sign audit opinions in the jurisdiction in
which the entity's head office is located, in the form provided in Schedule 6 of Appendix D; and
Information on recent, current or pending civil or criminal litigation or proceedings in which any
Prime Team Member or an affiliate is or was a party either as plaintiff, defendant or accused, or a
confirmation that no such litigation or proceeding exists, in the form provided in Schedule 6 of
Appendix D.
8.2 Evidence of Ability to Obtain Insurance
Respondents or Prime Team Members must provide evidence of ability to obtain appropriate insurance
coverage to protect the Respondent, its Team Members, its contractors, its subcontractors, and the City,
their agents, employees, subsidiaries, successors and assigns for all risks property insurance and Wrap -
up general liability insurance with respect to the Project, and such other insurance as would customarily
be obtained by a prudent developer and operator engaged in an undertaking similar in scope to the
Project, through confirmation in writing. This evidence must be submitted in the form provided as
Schedule 2 of Appendix D.
22 July 2014
City of Saint John
204
C15
Safe Clean Drinking Water Project
8,3 Evidence of Ability to Obtain Banding
Request for
Qualifications
Respondents or Prime Team Members must provide a letter of intent from ,) surety for bonds or a
Financial Institution for letters of credit, evidence of its ability to obtain:
Letters of Credit totalling at least $20 million; or
• A performance bond for the Project totalling at least $100 million; and
• A labour and material bond totalling at least $100 million.
Respondents and Prime Team Members can provide individual guarantees whereby the aggregate value
of the guarantees is equivalent to the required total. Should a combination of letters of credit and bonds
be chosen, the equivalence factor utilised in the evaluation will be 1 to 10 for the letter of credit (e.g. a
$1 million letter of credit will be equivalent to performance or labour and material bonds in the amount
of $10 million each.
Evidence of ability to obtain performance and payment bonding for the Project shall be by way of a
highly confident letter from a surety in the form provided as Schedule 3 of Appendix D.
Evidence of ability to obtain a letter of credit for the Project shall be by way of a highly confident letter
from a Financial Institution in the form provided as Schedule 4 of Appendix D.
(VOTE: The financial statements and annual reports must be delivered in a separate, clearly marked
envelope.
22 July 2014
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C16
Safe Clean Drinking Water Project Request for
Qualifications
Respondents must provide the following:
Resumes for all Key Personnel proposed to take lead responsibilities for the Project, evidencing recent,
extensive and successful experience with respect to some or all of the functional skills identified in the
above applicable sections, and any other relevant functional skills for projects similar in nature and
scope to the Project. Resumes should provide project experience including:
le Number of years of relevant experience and in what capacity;
■ Number of years of experience in the proposed role for the Project;
Names and locations of projects, descriptions of each referenced project in a manner that
demonstrates the Key Personnel's relevant skill(s) and the value of the project;
s Role played on each project presented;
■ Information on the complexity of projects where Key Personnel played a role;
^! Evidence of any formal credentials, if required to practice in the Province of New Brunswick, or
ability to obtain such credentials;
• Familiarity with relevant Canadian and New Brunswick standards; and
• At least three client references (with current e-mail and telephone contact information) who can
effectively attest to the calibre of their relevant past performance.
Respondents should also provide information on existing and potential competing demands on the Key
Personnel and indicate the level of commitment each would be able to make to the Project.
Note: The content and requirements for the Financing Manager's resume are described in Chapter 7.2 of
this Appendix.
Chapter 10: Declarations
Respondents must include all mandatory forms, letters and statements as supplied and requested in
Appendix D.
22 July 2014
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Safe Clean Drinking Water Project
Appendix D - Mandatory Forms
22 July 2014
City of Saint John
207
Request for
Qualifications
D -1
Safe Clean Drinking Water Project Request for
Qualifications
®,1 MM
[A copy to be signed by each Team Member]
Safe Clean Drinking Water Project
DECLARATION
The City of Saint John
P.O. Box 1971
Saint John, NB E21-41-1
Attention: Mr. Dean Price, P.Eng.
Project Manager
Safe Clean Drinking Water Project
Dear Mr. Price
I, Mr. /Ms. , am an authorized official of _
and confirm for and on behalf of the Team Member that:
(the "Team Member")
The Team Member is a member of (the "Respondent ")
• The Member has reviewed the Request for Qualifications for the Safe Clean Drinking Water Project
issued by the City dated 22 July 2014 (the "RFQ") and all Addenda to the RFQ and the Submission
made by the Respondent in response thereto (the "Submission ") and acknowledges and confirms
the commitments being made on behalf of the Team Member and Respondent thereunder.
• The Respondent is solely responsible for the Submission and all information contained therein and
the City has not made any representation or warranty as to the accuracy, appropriateness or
completeness of the information contained in the RFQ or otherwise made available to the
Respondent as part of the RFQ process.
• The Team Member agrees to be bound and abide by the decision of the City as to whether the
Respondent:
1. has satisfied the evaluation criteria set out in the RFQ;
2. is deemed to be qualified by the City to complete the Project; and
3. will be invited to participate in the RFP.
• The Team Member acknowledges the provisions of section 5.10 of the RFQ and further
acknowledges and confirms that delivery of the Submission to the City constitutes an irrevocable
waiver and release by the Respondent, the Team Member and each other Team Member of the
Respondent of any claim or right of action which any of them had or may hereafter have for or
against the City, the Province of New Brunswick, the Government of Canada, their agents,
legislators, consultants, officials, employees, subsidiaries, successors and assigns, arising out of or in
conjunction with the RFQ or the processes, considerations and determinations provided for
22 July 2014
City of Saint John
No
D -2
Safe Clean Drinking Water Project Request for
Qualifications
thereunder including, without limitation, any claim, demand or right of action in respect of the
Submission.
Capitalized terms used herein which are defined in the RFQ and not otherwise defined herein shall
have the meanings assigned thereto in the RFQ.
Yours sincerely,
Name
Position
22 July 2014
City of Saint John
209
Date
D -3
Safe Clean Drinking Water Project Request for
Qualifications
Schedule 2
To be submitted by the Respondent
Safe Clean Drinking Water Project
HIGHLY CONFIDENT LETTER - INSURANCE
The City of Saint John
P.O. Box 1971
Saint John, NB E21_ 41-1
Attention: Mr. Dean Price, P.Eng.
Project Manager
Safe Clean Drinking Water Project
DATE:
Dear Sir,
We have been informed that (Insert Name of Respondent) intends to
respond to the Request for Qualifications for the Safe Clean Drinking Water Project dated 22 July 2014.
We have not yet completed an in -depth study of the project, since the tender documents are not
currently available.
The object of this letter is to confirm that the Respondent mentioned above has the ability to obtain an
insurance program with respect to the risks associated with the Project for which the value of the works
is of approximately two hundred million dollars ($200,000,000), in order to adequately protect every
party implicated in the Project, as well as for the protection of the City of Saint John and their
representatives, employees, respective experts and advisors including their respective successors and
assigns, and that it can obtain all risk property insurance, contractors equipment, Boiler and Machinery
insurance, wrap -up liability insurance in an amount not less than $50,000,000, professional errors and
omissions insurance, contractors pollution liability and marine insurance for the Project taking
neighboring risks into account, Directors & Officers Liability insurance and any other insurance coverage
normally contracted by a prudent person undertaking a project of similar scope to the Project.
Yours sincerely,
Name
Position
[Name of Insurance Brokerage Firm]
22 July 2014
City of Saint John
210
D -4
Safe Clean Drinking Water Project Request for
Qualifications
MTSit1=
To be submitted by the Respondent
Safe Clean Drinking Water Project
HIGHLY CONFIDENT LETTER - BONDING
The City of Saint John
P.O. Box 1971
Saint John, NB E21- 41-1
Attention: Mr. Dean Price, P.Eng.
Project Manager
Safe Clean Drinking Water Project
DATE:
Whereas (Insert Name of Respondent) has submitted a response to
the City dated —' 20 _, pursuant to a Request for Qualifications for the
Safe Clean Drinking Water Project, dated 22 July 2014, we
(Name of Surety), a corporation created and existing under the laws of and duly
authorized to transact the business of Suretyship in Canada hereby confirm that based on the
limited information available at this time and subject to our assessment of the project and our
client's work program at the time of submitting its proposal, we do not anticipate a problem in
supporting the captioned project and supplying the requisite bonds in an amount of not less
than $ (Insert amount) (which may include performance and labour and material
payment bonds associated with both the design build, and long term operations, maintenance
and rehabilitation components of the project) if expressly requested by our client to do so.
However, the execution of any bonds will be subject to an assessment of the final contract
terms, conditions, financing and bond forms by our client and ourselves.
22 July 2014
City of Saint John
211
(Name of Surety)
(Seal)
Attorney -I n -Fa ct
D -5
Safe Clean Drinking Water Project Request for
Qualifications
To be submitted by the Respondent
Safe Clean Drinking Water Project
HIGHLY CONFIDENT LETTER — LETTER OF CREDIT
The City of Saint John
P.O. Box 1971
Saint John, NB E2L41-1
Attention: Mr. Dean Price, P.Eng.
Project Manager
Safe Clean Drinking Water Project
DATE:
Dear Sir,
We have been informed that (Insert Name of Respondent) intends to
respond to the Request for Qualifications for the Safe Clean Drinking Water Project dated 22 July 2014.
We have not yet completed an in -depth study of the project, since the tender documents are not
currently available.
The object of this letter is to confirm that the Respondent mentioned above has the ability to obtain
irrevocable and unconditional letters of credit for the amount of at least (Insert amount) dollars
($ (Insert amount)).
Yours sincerely,
Name
Position
[Name of Financial Institution]
22 July 2014
City of Saint John
212
D -b
Safe Clean Drinking Water Project
Schedule 5
To be submitted by the Respondent
Safe Clean Drinking Water Project
CONFLICT OF INTEREST DECLARATION
The City of Saint John
P.O. Box 1971
Saint John, NB E2141-1
Attention: Mr. Dean Price, P.Eng.
Project Manager
Safe Clean Drinking Water Project
Request for
Qualifications
For the purposes of this section, the term "Conflict of Interest" means, in relation to the RFQ process,
the Respondent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an
unfair advantage, including but not limited to (a) having, or having access to, confidential information of
the City in the preparation of its response that is not available to other Respondents; (b) communicating
with any person with a view to influencing preferred treatment in the RFQ process (including but not
limited to the lobbying of decision makers involved in the RFQ process); or (c) engaging in conduct that
compromises, or could be seen to compromise, the integrity of the RFQ process.
1. [Use applicable paragraph in this section]
We hereby confirm that there is not and there has not been any actual or potential Conflict of
Interest in submitting a Submission in response to the Request for Qualifications for the Safe Clean
Drinking Water Project dated 22 July 2014 (the "RFQ"), or in performing the services required of the
Successful Proponent.
[OR]
The following is a list of situations, each of which may be a Conflict of Interest, or appears as
potentially a Conflict of Interest in the Respondent submitting this response to the RFQ, or in the
envisioned contractual obligations of the Successful Proponent under the Project Agreement.
[Insert list as applicable]
2. In submitting our Submission, we and our Team Members have/ have no [strike out the inapplicable
portion] knowledge of or the ability to avail themselves of confidential information of the City (other
than confidential information which may have been disclosed by the City to Registered Parties in the
normal course of the RFQ).
3. We hereby confirm that we have not knowingly hired or retained the services of any employee or
advisor who is directly involved in the RFQ on behalf of the City.
22 July 2014
City of Saint John
213
D-7
Safe Clean Drinking Water Project Request for
Qualifications
Capitalized terms used herein which are defined in the RFQ and not otherwise defined herein shall
have the meanings assigned thereto in the RFQ.
Signature of Authorized Representative of the Respondent Date
22 July 2014
City of Saint John
214
a -s
Safe Clean Drinking Water Project Request for
Qualifications
� ..w M.
A copy to be submitted by each Prime Team Member
Safe Clean Drinking Water Project
DECLARATION OF NO MATERIAL ADVERSE CHANGE
The City of Saint John
P.O. Box 1971
Saint John, NB E2L 41-1
Attention: Mr. Dean Price, P.Eng.
Project Manager
Safe Clean Drinking Water Project
(the "Prime Team Member ") hereby declares that:
1. The Prime Team Member has not experienced any material adverse change to its financial status
since the most recent financial statement date.
[OR]
The following is a list of situations, each of which may be a material adverse change to the Prime
Team Member's financial status since the most recent financial statement date.
[Insert list if applicable]
2. Except as described below, there is no recent, current or pending civil or criminal litigation or
proceedings in which more than $[insert Canadian dollar amount] is claimed or in which more than
$[insert Canadian dollar amount] may be imposed as a penalty in which any Prime Team Member or
an affiliate is a party either as plaintiff, defendant or accused)
[Insert list if applicable]
22 July 2014
City of Saint John
215
D -9
Safe Clean Drinking Water Project Request for
Qualifications
3. Except as described below, the Prime Team Member is not aware of any ground on which any such
action, suit or proceeding might be commenced with any reasonable likelihood of success.
[insert list if applicable]
Name of Prime Team Member:
Address:
Telephone Number:
Fax Number:
Authorized by: (Signature)
Printed Name and Title:
Date:
22 July 2014
City of Saint John
216
D -10
Safe Clean Drinking Water Project Request for
Qualifications
Schedule 7
To be submitted by Team Member Parent Company(if required)
Safe Clean Drinking Water Project
LETTER OF SUPPORT
The City of Saint John
P.O. Box 1971
Saint John, NB E21-41
Attention: Mr. Dean Price, P.Eng.
Project Manager
Safe Clean Drinking Water Project
DATE:
Project: Request for qualifications ( "RFW) for the design, construction, financing, operation,
maintenance of the water treatment plant and storage reservoirs and the design, construction, financing
of water transmission improvements in the City of Saint John (the "Project ")
Dear Sir,
I, [Insert name of authorized officer, title] of [Insert name of parent company] have been informed that
[Name of Respondent] wishes to qualify as a Proponent for the Project.
[insert Name of parent company] in its capacity as the parent company of [Insert Name of the Prime
Team Member], a Prime Team Member for the [legal name of Respondent], will guarantee all
obligations of [Insert Name of the Prime Team Member] with respect to the Project.
[Insert Name of parent company] is pleased to confirm its full support for [Insert Name of the Prime
Team Member] for the Project.
Yours sincerely,
Name
Position
[Name of parent company]
22 July 2014
City of Saint John
217
D -11
3
The city of Saint John
July 21, 2014
Deputy Mayor and Councillors
Subject: 2011 -2014 Local 771 Collective Agreement
The Committee of the Whole, having met on July 21, 2014, adopted the following resolution:
RESOLVED that the Committee of the Whole recommends Common Council adopt a
resolution authorizing the Mayor and Common Clerk to execute the revised Table to the 2011-
2014 Collective Agreement between the City and iAFF Local 772, which was approved by
resolution of Common Council dated February 11th, 2013. The revised Table is contained in the
report, entitled 2011 -2014 Local 771 Collective Agreement.
Sincerely,
Mel Norton
Mayor
nvol
:N'T� lip 1IN PC). W0971 Saint Icahn, NB Canada EL Al I v+ .vv,4-s nt;ohnx-a I CA 1971 Saint. Jahn, N_ B. Canada E2L 4L1
218
P,PE N DI, L3
In the Falter of the lndustdat Reiadons Act, R.S.N.5., c -1-4
and
in the bettor of an Interest arbitration Dispute
And
In the Matter of a Joint Request for Ciar €fical;ron of the Award
Between the:
Saint John Fire Fighters' AssGciation, International Association o''
F Ire Fighters, Local 771 (Association)
and:
the City of Saint John (City)
BEFORE: George P. L. Filliter, Chair; Pierce Bertrand, Employer
Nominee; and Glenn Sullivan, Union Nominee
APPEARANCES:
For Local 771: Sean McManus, Esq.
For the City: Scott A. Brittain, Esq.
WRITTEN BRIEFS FILED: September 19, 2013
DATE OF DECISIOW October 7, 2013
21S017A
150
1
REASONS FOR DECISION
I Introduction
[1 ] On November 8, 2012 this board rendered its decision having heard the
Parties with respect to outstanding issues in collective bargaining.
[2] The city of Saint John (City) and the Saint John Fire Fighters' Association,
International Association of Fire Fighters, Local 771 (Association) have tried
to implement the award through the execution of a collective agreement,
Unfortunately, as of this date there is still a problem.
[3] The parties have jointly requested the board to clarify what was meant with
respect to the issue of the pay to be received by Holiday Relief Firefighters.
11 Jurisdiction
[4] The board is unanimous that in this case whether or not we are functus
officio we still have jurisdiction to deal with this request as it is viewed by us
as one of rectification.
[5] In coming to this conclusion it is to be noted neither the City nor the
Association objected to our jurisdiction,
[6] Furthermore, at paragraph 118 of our decision we maintained jurisdiction to
deal with any issues that may arise,
[7] Additionally, section 80 of the Industrial Relafrons Act mandates this hoard
"#o deal with the dispute and to formulate a collective agreement or the
renewal or revision of an existing agreement or a new agreement between
the parties."
[81 Finally, as noted above, even if technically the board is functus officio, our
obligation is to ensure the implementation of the award accurately reflects
"the tribunal's actual reasoning or determination {i.e. for the purposes of
2
1ISat7M
151
rectification)". (Rainbow Concrete Industries Ltd. v. I.U.C.E., Local 794,
(2011) 200 L.A.C. (4th) 294).
[9) For all of the reasons noted above the board assumes jurisdiction over the
matters jointly referred to us by the parties.
III Facts and Analysis
[101 The board is unanimous that the facts regarding this matter are not in
dispute.
[11] At paragraphs 84 to 85 the board concluded as #allows:
o) Relief Fire Fighters (Relief Fire Fighters Pay Differential)
(84] It is the view of this board that the real intent of the association is to recognize the
fact these fire fighters often stay as relief for up to eight (8) years. it is therefore the
view of the board that the a replication of negotiations between the parties would result
in an outcome that would have seen an increase in percentages paid to relief fine
fighters for the fifth (e), sixth (e), seventh (7th) and eighth (e) years.
[85) Accordingly, the board is unanimous in determining that the wage rates shall remain
the same for the first four (4) years of employment, however effective January 9, 2091
the rates for the next years shall be as follows:
Holiday Relief FF Commencing 5P year 65.0°%
Holiday Relief FF Commencing 6m year 67.0°%
Holiday Relief FF Commencing 7' year 68.0%
Holiday Relief FF Commencing 8'h year 70.0%
[121 The confusion appears to be tied to paragraph 289 of the original brief of the
Association. At that paragraph the Association produced a chart, which by
the admission of counsel was not accurate.
[13] Paragraph 289 of the original brief filed by the Association states:
215017A
152
3
[289] Starting first with the index increases within the relief fire fighter
classification, the Association proposes the following:
RANK
CURRENT °/a
PROPOSED %
Holiday Relief Fl±
Commencing 4� year
65
70
Holiday Relief FF
62
65
Commencing 3r4 year
43,182
61%
Holiday Relief FF
61
64
Commencing 2nd year
42,474
60%
Holiday Relief FF
60
63
Probationary Holiday
55
60
Relief FF
[14] The inaccuracy is seen in comparing this chart with the 2007 to 2010
collective agreement. The applicable portion of the collecdve agreement was
reproduced as a portion of "Document 1" attached to the brief fled by
counsel for the employer.
HOLIDAY RELIEF
Holiday Relief FF
46,014
65%
Commencing Sth Year of Service
Holiday ReliefFF
43,890
62%
Commencing 4th Year of Service
Holiday Relief FF
43,182
61%
Commencing 3rd Year of Service
Holiday Relief FF
42,474
60%
Commencing 2nd YeW of service
Probationary Holiday Relief FF 3$,935 SSA
20011yI
153
4
[15] At the outset the board is unanimous in reiterating its conclusions found in
paragraph 84 and 85 of its decision, which has been reproduced in
paragraph 11.
[16] It is acknowledged that in considering this issue in the first place the board
utilized the Inaccurate chart produced by the Association in the original
submission to the board. We did so as we assumed it was an accurate
reproduction of the collective agreement. Upon closer scrutiny it is clear
there is a difference.
[17] Upon reflection the board is of the view it most likely would have maintained
the status quo negotiated between the parties for the first five years of
service as a Holiday Relief FF. In other words, we probably would only have
added rates for the 6th, 7th and 8th years of service. However, in the view of
the board we do not have the authority to make this change as it in reality
amounts to a reconsideration of our original decision and does not fall within
the principle of rectification. All of this said, we would encourage the parties,
to agree to the 65% for Holiday Relief FF commencing their 5th year of
service.
[181 As noted in paragraphs 84 and 85 of our original award we intended to
ensure that for the first four years of service the wage rates would remain the
same, but Holiday Relief FF Commencing in the 5th year of service would
receive 66 %.
[19] The intent of the board was to grant increases for those Holiday Relief
firefighters commencing their Wh (67 %), 74h (68 %) and 8t' (70 %) years of
service.
[20] The board concludes upon review of the Chart provided by the employer as
Document #4 in their brief, the appendix to the collective agreement insofar
as Holiday Relief firefighters commencing their 501, &, 7"' and 8'' years are
235017.vf
154
5
concerned, is reflective of the order of the board except insofar as our
comments concerning the 5th year of service noted above in paragraph 17.
[21] However, upon closer scrutiny the board notes that above the line entitled
"Probationary Holiday Relief FF" there is a line entitled "Holiday Relief FF ".
This line is not found in the collective agreement as of July 2010 and nor did
we address this in our award as it was Never argued. In our view this line is
not reflective of the intent of the board and should not be included.
[221 Although we do not know the facts, the wage rates as reproduced may be
interpreted to mean that the holiday relief firefighters have to complete eight
years before receiving 70%. The clear intent of the board was that holiday
releif firefighters are supposed to receive the 70% when they commence
their 8th year of service. This was our intent in the original decision and is
clearly stated in paragraphs 84 and 85 thereof.
IV Conclusion
[231 The board concludes the chart proposed by the City is accurate insofar as
the Holiday Releif Firefighters commencing their 0th, 6th, 7th and 8th years
of service are concerned, except insofar as our comments concerning the
5th year of service noted above in paragraph 17.
1241 The addition of the line entitled "Holiday Releif FF" above the line entitled
"Probationary Holiday Relief Fr is not a matter dealt With by the board and if
it remains as a part of the collective agreement it could be the subject matter
of a grievance.
[251 To be clear, with respect to the holiday relief firefighters issue, the following
chart is to be included in the collective agreement, except insofar as our
comments concerning the 5th year of service noted above in paragraph 17.
213417M
Holiday Relief FF Commencing Sth year of service 70%
Holiday Relief FF Commencing 7th year of service 68%
Holiday Relief FF Commencing 6th year of service 87%
155
P
Holiday Relief FF Commencing 5th year of service
66% (or 65%)
Holiday Relief FF Commencing 4th year of service
62%
Holiday Relief FF Commencing 3rd year of service
61%
Holiday Relief 1=F Commencing 2nd year of service
60%
Probationary Holiday Relief FF
55%
Dated at Fredericton this 7th day of October, 2013
-tip- -
George P. L. Filliter, Chair
Pierre Bertrand, Employer 3"f#inea (I concur)
Glenn Suilivan, union Nominee (I concur)
215017M
156
7
AP''. c
THIS IS SCHEDULE "A" - REFERRED TO IN THE FOREGOING AGREEMENT
BEARING THE DAY OF JANUARY, 2013, A.D. AND ENTERED INTO
BETWEEN THE CITY OF SAINT JOHN, N. B., "THE EMPLOYER" AND THE SAINT
JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO,
CLC), "THE UNION"
2% Wage Increase Effective January I, 2011
RAN - -�
.�:1'i
�� 9D1F�+'1�`F?'�T�: - #T
83,037
Ca tain
115.0%
Qualified Captain
81,232
112.5%
Lieutenant
79,426
110.0%
alified Lieutenant
75,816
105.0%
Firefighter I" Class
72,206
100.0%
Firefi ter 2" Class
68,596
95.0%
Firefig4ter 3a Class
64,985
90.0%
Firefighter Class
61,375 —85.0%
!
+�4'
F, �.BLAJLff�AZ� R- ELlf'rul
Holiday Relief FF
50,544 70%
Commencin 8`h Year of Service
Holiday Relief FF
49,100 68%
Commencing 7th Year of Service
Holiday Relief FF
48,378
67%
Commencing 6a' Year of Service
Holiday Relief FF
47,656
66%
Commencing 5h Year of Service
Holiday Relief Fl~
44,768
62%
Commencing e Year of Service
Holiday Relief FF
44,046
61%
Commencing P Year of Service
Holiday Relief FF
43,323
60%
Commencing 2„d year of service
Probationary Holiday Relief FF
39,713
55%
F IREFIGH'i E IS ROGRF tON TAI't F
Firefighter 1 Class After three vears
Class After two
Class After one
_ Firefighter 4' Class _
mote .kll time vvtgrkcd after five years as. Eldiday k0iefNo- efii�l�tt}x` i��lur�i�ag the
pJ`c�Yrnigolrrt���- Pt iar�1 aril] be appp jed to 1Le bo��rogressiep
19-f
SCHEDULE "A"
2 % Wage Increase Effective January 1, 2012
R�
'1��
e
% DIFT ,_ L - --
k, Rli�'�' C x
hsn 1, 21112
Ca Lain
84,697
- - 115.0%
Qualified Captain
82,856
112.5%
Lieutenant
81,015
110.0%
Qualified Lieutenant
77,332
105.0%
Firefighter 1 si Class
73,650
100.00/0
Firefighter 2" Class
69,967
95.0%
Firefi ter T Class
66,285
90.0%
Firefi ter 4 'Class
62,602
,
_ 85.0%
—
70%
HOOL1DAV RELIEF
Holiday Relief FF 51,555
Commencing 8d' Year of Service
Holiday Relief FF
50,082
68%
Commencing 7a' Year of Service
Holiday Relief FF
49,345
67%
Commencing 6`h Year of Service
Holiday Relief FF
48,609
66%
Commencing 5th Year of Service
Holiday Relief FF
45,663
62%
Commencing 4th Year of Service
Holiday Relief FF
44,926
61%
Commencing 3'd Year of Service
Holiday Relief FF
44,190
60%
Commencing 2nd year of service
Probationary Holiday Relief FF
40,507
55%
FIREFIGHTER PRO RIESSIO TABLE
Class After three years
Class After two year
Class After one vear
Firefighter 4' Class
"+f)i ,AlM finer wort ed :bfttr rive vegr % a Holirl: =� Reuel Firefighter irtcludijt� Lllti
rutaafiln ar period will s a '!'e 1, tit sibavi fata es�io" I
T5$
c,74...[ EDLJ11E "A"
2% Wage Increase Effective January 1, 2013
f RE "IGFP i EF _PR GRE .1 j &P LE
Firefighter I' Class After three years
Firefighter 2"d Class After two vear
3' Class After one
Firefighter 4u' Class_ _
Note Ail time worked alter' five years as � llolidn,� belief f j rQfIgifter indti ling Elie
Agg
FFFEi` 1. 6. L
}IVE
Ca Lain
$6,391 _ 115.0%
Qualified Ca Lain
84,513
112.5%
Lieutenant
82,635
110.0%
_Qualified Lieutenant
78,879
105.0%
Firefighter 1 Class
75,123
100.0%
Firefighter 2'0 Class
71,367
95.0%
Firefighter Y6 Class
67,611
90.0%
Firefighter 4` Class
63,854
85.0%
f U01,1DAY RELIEF
—
_ 70%
Holiday Relief FF
52,586
Commencing 8`h Year of Service
Holiday Relief FF
51,084
68%
Commencin 7'b Year of Service
Holiday Relief FF
50,332
67%
Commencin 6'h Year of Service
Holiday Relief FF
49,581
66%
Commencing 5t' Year of Service
Holiday Relief FF
46,576
62%
Commencin 4'h Year of Service
Holiday Relief FF
45,825
61%
Commencing P Year of Service
Holiday Relief FF
45,074
60%
Commencin 2'd year of service
Probationary Holiday Relief FF
41,318 6
_ 55%
f RE "IGFP i EF _PR GRE .1 j &P LE
Firefighter I' Class After three years
Firefighter 2"d Class After two vear
3' Class After one
Firefighter 4u' Class_ _
Note Ail time worked alter' five years as � llolidn,� belief f j rQfIgifter indti ling Elie
Agg
SCHEDULE "A"
2% Wage Increase Effective July 1, 2013
FIREFIGHTER PROGRESSION TABLE
Firefi ter 1 s` Class After three years
Firefi ter 2 nd Class After two year
Firefighter 3 Class After one vear
Firefighter 4' Class
NOW All 011Iv WoLked Nfte -r NV44 sear: as Relief F'ireflghter including the
probationary prlod ll _� aaesml�n
.I
. Id t. 201 3
FF RAjN '
115.0%
Captain
88,119
Qualified Captain
86,204
112.5%
Lieutenant
84,288
110.0%
Qualified Lieutenant
80,457
105.0%
Firefigh ter 1" Class
76,625
100.0%
Firefighter 2" Class
72,794
95.0%
Firefighter 3 Class
68,963
90.0%
Firefighter 4' Class
65,132
_ 85.0%
70%
1 1 01, j b.-k Y RE1,1F..F
Holiday Relief FF
Commencin 8" Year of Service
53,638
Holiday Relief FF
Commencing 70' Year of Service
52,105
68%
Holiday Relief FF
Commencing 6'1' Year of Service
51,339
67%
Holiday Relief FF
Commencing 5h Year of Service
50,573
66%
Holiday Relief FF
Commencing 4"' Year of Service
47,508
62%
Holiday Relief FF
Commencing Yd Year of Service
46,741
61%
Holiday Relief FF
Commencing 2 "a year of service
45,975
60%
Probationary Holiday Relief FF
42,144
55%
FIREFIGHTER PROGRESSION TABLE
Firefi ter 1 s` Class After three years
Firefi ter 2 nd Class After two year
Firefighter 3 Class After one vear
Firefighter 4' Class
NOW All 011Iv WoLked Nfte -r NV44 sear: as Relief F'ireflghter including the
probationary prlod ll _� aaesml�n
.I
SCH DULT "A"
2% Wage Increase Effective January], 2014
I° I� FF. C -TIN F $11, fflli FI.-I'I+;•l T) �L. --
it
j.ih 1, 2014 N RAN Ks �
Captain 89,882 - - - 115.0%
Qualified Captain
87,928
112.5%
Lieutenant
85,974
110.0%
Qualified Lieutenant
82,066
105.0%
Firefighter I' Class
78,158
100.0%
Firefighter 2 Class
74,250
95.0%
Firefighter 3m Class
70,342
90.0%
Firefighter 4'h Class
66,434 85.0%
_
HOLIDAI REi REF
Holiday Relief FF
54,711 _ - 70%
Commencing 8 "' Year of Service
Holiday Relief FF
53,147
68%
Commencing 7'h Year of Service
Holiday Relief FF
52,366
67%
Commencing 6b Year of Service
Holiday Relief FF
51,584
66%
Commencing 5th Year of Service
Holiday Relief FF
48,458
62%
Commencing 4a' Year of Service
Holiday Relief FF
47,676
61%
Commencing Yd Year of Service
Holiday Relief FF
46,895
60%
Commencing 2 "d year of service
Probationary Holiday Relief FF 1
42,987
55%
FIREFIGHTER PROGRESSION TABLE
Firefighter l' Class After three years
Firefighter 2nd Class After two year
Firefi ter 3 Class After one year
Firefighter 4 Class
'ante time veoi -keci ��ttcr fide � ea�� �,s A 11oiid.ay Relief Fir €€ighrer iutludiug else
ation r� pei,iud -,sjU be .applied to the; abovepjcgrynn"%I l
L.
SCHEDULE "A"
2% Wage Increase Effective July 1, 2014
(N A
I,I FAD `T� _
J 1, 21, 11
DPI PF E RF, 1 L
BE a " `EFN P,%2s K I-
115.0%
Captain
91,679
Qualified Captain
89,686
112.5%
Lieutenant
87,693
110.0%
Qualified Lieutenant
83,707
105.0%
Firefighter I" Class
79,721
100.0%
Firefi ter 2'0 Class
75,735
95.0%
Firefighter 3 Class
71,749
90.0%
Firefighter 4 Class
11OUDAY RELIEF
67,763
85.0%
� —
55,805
Holiday Relief FF
Holiday
Commencing 8th Year of Service
— - 70%
Holiday Relief FF
Commencing 7th Year of Service
54,210
vR 68%
Holiday Relief FF
Commencing 6th Year of Service
53,413
67%
Holiday Relief FF
Commencing 5th Year of Service
52,616
66%
Holiday Relief FF
Commencing 4th Year of Service
49,427
62%
Holiday Relief FF
Commencing 3rd Year of Service
48,630
61%
Holiday Relief FF
Commencing 2nd year of service
47,833
60%
Probationary Holiday Relief FF _ 43,847 55%
_ I LF if_Il T.i3l..l= _
Firefighter 1st Class After three years
Firefighter 2° Class After two year
Firefighter 3"'-Class After one vear
Firefighter 4`" Class _
N,9.e AID tjra €e %) orked 2fEer .11 ve t °e..er� a a 11Olida belief 1�5�vrr�l�te�- lt.t <la�lii�� t11e
1)r-0 b 21 i n.3ry ptr.gd will be apptfecl t() 0a! abGIre p rag re���crM
M.
I-I .Lt
THE CITY OF SAINT JOIN
NEW BRUNSWICK
A By -law respecting Arrete relatif A la plomberie
Plumbing in the amity of Saint dans The City of Saint John
John
By -law Number PI -1
An uncertified copy of this by -law
is available online
219
Arrete numero PI -1
Une copie non certifiee de Parretti
est disponibile en ligne
-2-
TABLE OF CONTENTS TABLE jDES MATIERES
Section
Description
Page
Article
Designation
Page
Recitals
2
Preambule
2
1
Title
3
1
Titre
3
2
Definitions
4
2
Definitions
4
3
Interpretation
4
3
Interpretation
4
4
Permit
6
4
Permis
6
5
Application
6
5
Demande
6
6
Granting of Permit
7
6
Octroi de Permis
7
7
Term of Permit
7
7
Terme du permis
7
8
Mandatory Building
8
8
Permis de construction
8
Permit
mandatoire
9
Revoking of Permits
8
9
Revocation de permis
8
10
Municipal Plumbing
9
10
Inspecteur plombier
9
Inspector
municipal
11
Repeal
9
11
Abrogation
9
RECITALS
WHEREAS all work done to a plumbing
system in the Province of New Brunswick
must conform to the standards prescribed
by the Plumbing Installation and
PREAMBULE
Attendu que
Tous les travaux effectu6s a une installation de
plomberie dans le Province du Nouveau -
Brunswick doivent titre conformes aux normes
etablies dans la Loi sur le montage et
220
Inspection Act, S.N.B. 1976, c. P -9.1 and
associated regulations;
AND WHEREAS section 6 of the
Plumbing Installation and an Inspection
Act, S.N.B. 1976, c. P -9.1 provides that a
municipality may by by -Iaw regulate and
control any act or thing which is not
already regulated and controlled by the
said Act and regulations, provide for the
granting and revoking of permits and the
fees therefor and provide for the
appointment of municipal plumbing
inspectors and the prescribing of their
duties;
AND WHEREAS Common Council sees
it fit to enact the within by -law;
AND WHEREAS notice of this by -law
was provided in accordance with section
12 of the Municipalities Act, c. M -22;
-3-
l'inspection des installations de plomberie,
L.N.B. 1976 c. P -9.1 et des reglements y
afferents;
Partite 6 de la Loi sur le montage et l'inspection
des installations de plomberie, L.N.B. 1976 c.
P -9.1 prevoit qu'une municipality peut, par voie
d'arrete, reglementer toute action ou chose qui
n'est pas regie par Iadite loi et les reglements y
afferents; etablir des prescriptions relatives a
l'octroi ou a la revocation de permis et les droits
y afferents; et pourvoir a la nomination
d'inspecteurs plombiers municipaux et
determiner leers fonctions;
le Conseil communal considere qu'il est
approprie d'ddicter le present arretd;
avis du present arrete a dte donne conformement
A Particle 12 de la Loi sur les municipalites, c.
M -22;
NOW THEREFORE, the Common Council of A CES CAUSES, le conseil communal de The
The City of Saint John, enacts as follows: City of Saint John edicte :
Title Titre
1 This by -law may be cited as the Saint John 1.
Plumbing By-Law.
221
Le present arrete peut etre cite sous le titre
Arrete relatif a la plomberie de Saint John.
Def nitions
2
"Act" means the Plumbing Installation and
Inspection Act S.N.B. 1976, c. P -9.1 and
amendments thereto. (loi)
"Building Inspector" means the person
appointed by Council as Building Inspector
and includes the Deputy Building Inspector.
(inspecteur des batiments)
"Council" means the Common Council of
the City of Saint John; (conseil)
"Plumbing Contractor" means a person,
corporation or firm who undertakes to
install, extend, alter, renew or repair any
part of a plumbing system and is not
prohibited from doing so under the Act and
holds a valid plumbing contractor's license
granted or renewed under the Regulation.
(entrepreneur de plomberie)
Plumbing Inspector" means a plumbing
inspector appointed by Council; ( inspecteur
plombier)
"Regulation"
under the Act
(reglement)
Interpretation
means Regulation 84 -187
and amendments thereto.
3 Rules for interpretation of the Ianguage
used in this By -law are contained in the
lettered paragraphs as follows:
(a) The captions, article and section
names and numbers appearing
in this by -law are for
-4-
Definitions
2
«Conseil» Le conseil communal de The City
of Saint John. (Council}
o entrepreneur de plomberie» ddsigne une
personne, corporation, societd ou firme qui
entreprend, en conformite avec la loi de
monter, prolonger, modifier, rdnover ou
rdparer toute partie d'une installation de
plomberie et qui est titulaire d'une licence
valide d'entrepreneur de plomberie ddlivree
ou renouvelde en vertu du Reglement.
(Plumbing Contractor)
< dnspecteur des bitiments» ddsigne la
personne nommde par le conseil ainsi que
1'inspecteur des batiments adjoint. (Building
Inspector)
Anspecteur plombier)) designe inspecteur
plombier nomme par le Conseil (Plumbing
Inspector)
o loi o designe la Loi sur le montage et
l'inspection des installations de plomberie
L.N. -B. 1976, c.P -9.1 et les modifications y
affdrentes. (Act)
«reglement» ddsigne le Reglement 84 -187
pris en vertu de la loi et les modifications y
afferentes. (Regulation)
Interpretation
222
3 Les regles d'interprdtation suivantes
s'appliquent au prdsent arr6te
a) Les titres, intertitres et numdros
des dispositions ne servent qu'a
faciliter la consultation de 1'
5-
convenience of reference only
and have no effect on its
interpretation.
(b) This by -law is to be read with
all changes of gender or number
required by the context.
(c) Each reference to legislation in
this by -law is printed in Italic
font. Where the name of the
statute does not include a year,
the reference is to the Revised
Statutes of New Brunswick,
1973 edition. Where the name
of the statute does include a
year, the reference is to the
Statute of New Brunswick for
that year. In every case, the
reference is intended to include
all applicable amendments to
the legislation, including
successor legislation. Where
this by -law references other by-
laws of the City, the term is
intended to include all
applicable amendments to
those by -laws, including
successor by -laws.
(d) The requirements of this by -law
are in addition to any
requirements contained
in any other applicable by -laws
of the City or applicable
provincial or federal statutes or
regulations.
(e) If any section, subsection, part
or parts or provision of this by-
law, is for any reason declared
by a court or tribunal of
223
arrete et ne doivent pas servir a
son interpretation.
b) Le genre ou le nombre
grammaticaux doivent etre
adaptes au contexte.
c) Les renvois Iegislatifs paraissent
en italique. Ils visent les Lois
revisees du Nouveau - Brunswick
de 1973 sauf mention d'une
annee particuliere, auquel cas ils
visent les Lois du Nouveau -
Brunswick de cette annee -la.
Dans tous leg cas, le renvoi a une
loi vise egalement leg
modifications qui s'y appliquent,
Y compris toute legislation de
remplacement. Les renvois a
d'autres arretes de la
municipalite visent egalement leg
modifications qui s'y appliquent,
y compris tout arrete de
remplacement.
d) Les obligations qu'il cree
s'ajoutent a celles decoulant
d'autres arretes applicables de la
municipalite ou des lois ou
reglements federaux ou
provinciaux applicables.
e) Si une disposition quelconque
est declaree invalide par un
tribunal competent pour quelque
motif que ce soit, la decision
competent jurisdiction to be
invalid, the ruling shall not
affect the validity of the by -law
as a whole, nor any other part of
it.
Permit
4(1) Subject to the Act and the Regulation, no
person shall carry out, or permit to be carried out
on his behalf, the construction, extension,
alteration, or repair of a Plumbing System as
defined in the Act, or the connection or
disconnection of a sewer unless a permit to do so
has been obtained.
n'entache en rien la validity de
Parretti dans son ensemble ni de
toute autre disposition.
Permis
4(1)Sous reserve de la loi et du Reglement, it est
interdit de construire, de prolonger, de modifier ou
de reparer une installation de plomberie tel que ce
terme est defini Bans la loi, ou de brancher ou de
debrancher un egout, ou de permettre que de tels
travaux soient effectues pour son compte, a moins
d'avoir obtenu un permis a cet dgard.
4(2) A permit referred to in subsection (1) 4(2) Le permis vise au paragraphe (1) ne peut are
hereof shall be issued only to a Plumbing ddlivrd qu'a un entrepreneur de plomberie.
Contractor.
4(3) A permit referred to in subsection (1) may
be issued by the Plumbing Inspector, the
Building Inspector, or such other person as
Council may designate.
Application
5(1) Where a person is required to obtain a
permit pursuant to section 4, application therefor
shall be made to the Plumbing Inspector.
5(2) Every application for a permit shall be in
writing on a form provided by the Plumbing
Inspector and shall include:
(a) The name, address and contact
numbers of the Plumbing Contractor;
(b) The location of the property upon
which the plumbing work is to be
224
4(3) L'inspecteur plombier, Pinspecteur des
batiments, ou toute autre personne designee par le
conseil peut delivrer un permit vise' au paragraph
M.
Demande
5(1) La iersonne qui doit obtenir un permis en
vertu de Particle 4 prdsente une demande a
1'inspecteur plombier.
5(2) La demande de permis se fait par ecrit sur un
formulaire fourni par Pinspecteur plombier et
s'accompagne :
a) du nom, de Padresse et des numbeos de
telephone de Pentrepreneur de
plomberie;
b) de Pemplacement de la propridte ou les
travaux de plomberie seront effectues;
performed;
(c) A copy of the Plumbing Contractor's
license issued under the Act;
(d) The nature of the plumbing work to be
performed;
(e) A permit fee of sixty -five ($65.00)
dollars plus a plumbing fixture fee of
twenty ($20.00) dollars for each
plumbing fixture to be installed;
(f) The plans and specifications of the
existing plumbing and drainage
system of the building upon which the
plumbing work is to be performed
showing the elevation and basement or
cellar plan; the plans and specification
of the work to be performed, showing
the location, description and size of all
the parts of the said plumbing and
drainage system and a description of
the building premises; and
(g) Such other information as the
Plumbing Inspector may require.
Granting of Permit
6 Subject to section 8, upon receipt of a
complete application made pursuant to section 5,
the Plumbing Inspector or a person listed at
section 4(3) shall, within a reasonable time, issue
a permit provided the proposed work complies
with this and any other applicable laws.
Term of Permit
-7-
c) d'une copie de la licence de
1'entrepreneur de plomberie delivree
conformement a la loi;
d) de la nature des travaux de plomberie qui
seront effectues;
e) des frais de permis de soixante -cinq
(65$) dollars plus un droit associe aux
appareils sanitaires de vingt (20$) dollars
par appareil sanitaire qui sera installe;
f) des plans et specifications du systeme de
plomberie et de drainage du batiment ou
seront effectues les travaux de plomberie
indiquant Ies plans d'dldvation et de
sous - sol/de cave, des plans et
specifications des travaux qui seront
effectuds indiquant 1'emplacement, la
description et les dimensions de toutes
les parties dudit systeme ainsi qu'une
description des Iieux du bfitiment; et
g) de toute autre information qui pourrait
etre requise par Pinspecteur plombier.
Oetroi de permis
6 Sous reserve de Particle 8, sur reception d'une
demande remplie conformdment a Particle 5,
1'inspecteur plombier ou une personne listee au
paragraphe 4(3) doit delivrer, daps un Mai
raisonnable, un permis a condition que les travaux
proposes soient conformes au present arrete et a
toute autre loi applicable.
Terme du permis
7 A permit issued under this by -law shall be 7 Un permis delivre en vertu du present arrdte est
valid for a period of two (2) years from the date valide pour une periode de deux (2) ans suivant la
225
the permit was issued and automatically becomes date a Iaquelle le permis a dt6 delivr6, et ledit
null and void once the said 2 year period expires. permit devient automatiquement nuI et invalide une
fois que Iadite p6riode de 2 ans a expir6e.
Mandatory Building Pernut
8 Where the work for which a permit is sought
under this by -law forms part of a project which
requires a building permit pursuant to the Saint
John Building By-Law, a plumbing permit shall
not be issued unless the Building Inspector is in
receipt of an application for a building permit for
the said project.
Revoking of Permits
9(1) A permit issued under section 6 may be
revoked by the Plumbing Inspector if:
(a) the work described in the permit is not
commenced within six (6) months from
the date the permit was issued; or
(b) the work described in the permit is
contrary to the National Plumbing Code
of Canada, this or any other City of Saint
John By -Law or any provincial or federal
Act or Regulation; or
(c) the work undertaken is contrary to the
description of the work on the permit; or
(d) the Plumbing Contractor to whom the
permit was issued is no longer associated
with the work for which the permit was
issued.
9(2) The Plumbing inspector may, if the
conditions leading to the permit revocation are
subsequently corrected, reinstate the permit.
Permis de construction mandatoire
8 Lorsque les travaux pour lesquels une demande
de permis a 6te sournise en vertu du present arret6
font partie d'un projet qui requiert un permis de
construction en vertu de 1'Arrete sur les batiments
de Saint John, un permis de plomberie ne sera pas
d6livr6 a moins que Pinspecteur des batiments ait
requ une demande de permis de construction pour
ledit projet.
Revocation de permis
9(l) Un permis delivre en vertu de Particle 6 peut
titre r6voqu6 par 1'inspecteur plombier si
a) les travaux qui font I'objet du permis n'ont
pas 6t6 commencd daps les six (6) mois
suivant la date de d6livrance du permis; ou
b) les travaux qui font Pobjet du permis ne
sont pas conformer au Code national de la
piomberie — Canada, au present arret6 ou a
tout autre arret6 de the City of Saint John ou
a toute loi ou tout rdglement provincial ou
f6d6ral; ou
c) les travaux effectues ne sont pas conformes
A Ia description des travaux sur le permis;
ou
d) 1'entrepreneur plombier A qui le permis a
ete delivre n'est plus associd aux travaux
pour lesquels le permis a ete delivre.
9(2) L'inspecteur plombier peut r6tablir le permis
si la situation a Porigine de la revocation est
ult6rieurement corrigee.
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Municipal Plumbing Inspector
10 The Common Council shall, by resolution,
appoint a Plumbing Inspector and may appoint
one or more Assistant Plumbing Inspectors.
Repeal
11 A By -law of The City of Saint John
enacted on the 10th day of April, 2012 entitled "A
By -law Respecting Plumbing in the City of Saint
John " and all amendments thereto are repealed
on the coming into force of this by -law.
IN WITNESS WHEREOF the City of Saint John
has caused the Corporate Common Seal of the
said City to be affixed to this By -law the
day of , A.D. 2014 and signed by:
Mayor /Maire
Inspecteur Plombier Municipal
10 Le conseil communal nomme par resolution
un inspecteur plombier et peut nommer un ou
plusieurs inspecteurs plombiers adjoints.
Abrogation
11 L'arretd de The City of Saint John ddictd le
10e jour d'avril 2012 intitule « Arrete relatif a la
plomberie dans The City of Saint John», ensemble
ses modifications, est abrogd des Fentree en
vigueur du present arr&e'.
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le present arrete le
2014, avec les signatures
suivantes :
Common Clerk/Greffiere communale
First Reading - Premiere lecture
Second Reading - Deuxieme lecture
Third Reading - Troisieme lecture
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