In This Issue: Upcoming CSC Events: SPECIFIER THE REGINA Volume , Issue January 25, 2018 • Saskatchewan Polytechnic + CSC Regina Chapter Annual Student Fair and Dinner Meeting February 15, 2018 • Connections Café March 2018 • Stormwater &Climate Change: Lunch and Learn Presentation April 2018 • CSC Regina Chapter AGM and Tour May 2018 • CSC National Conference: Edmonton Alberta http://regina.csc-dcc.ca/ 2-3 Vision Statement & Executive 4 Upcoming CSC Course: Principles of Construction Documentation 5 Connections Café 2018 6-7 Legal Article: What’s in a name? The importance of consistency in tender documents By Jon Ponath – Robertson Stromberg LLP 8 2018 National Conference - Edmonton 9 Advertising 10-13 Saskatchewan Building Officials Training Week Do you have any questions, comments or suggestions? Is there anything you would like to see in an upcoming issue of the Specifier? Announcements, upcoming events, or technical articles are welcome and encouraged! Any submissions for the Specifier can be emailed for review. Share your knowledge — this is YOUR industry! Please contact us at: [email protected]Save the Date: Saskatchewan Polytechnic + CSC Regina Chapter present the Annual Student Fair and Dinner Meeting January 25, 2018 at 5:30pm More details and tickets available soon Thank you to everyone who attended the December Social, with your generous donations we raised $535.00 for the Regina Food Bank!
Transcript
In Th i s I s sue :
Upcoming CSC Events:
SPECIFIER THE REGINA
Volume , I s sue
January 25, 2018 • Saskatchewan Polytechnic +
CSC Regina Chapter Annual Student Fair and Dinner Meeting
February 15, 2018 • Connections Café March 2018 • Stormwater &Climate Change: Lunch and Learn Presentation April 2018 • CSC Regina Chapter AGM and
Tour May 2018 • CSC National Conference: Edmonton Alberta
http:// reg ina.csc-dcc.ca/
2-3 Vision Statement & Executive
4 Upcoming CSC Course:
Principles of Construction Documentation
5 Connections Café 2018
6-7 Legal Article: What’s in a name? The importance of consistency in tender documents
By Jon Ponath – Robertson Stromberg LLP
8 2018 National Conference - Edmonton
9 Advertising
10-13 Saskatchewan Building Officials Training Week
Do you have any questions, comments or suggestions? Is there anything you would like to see in an
upcoming issue of the Specifier? Announcements, upcoming events, or technical articles are welcome and encouraged! Any submissions for the Specifier can be emailed for review.
Share your knowledge — this is YOUR industry! Please contact us at:
Thank you to everyone who attended the December Social, with your generous donations we raised
$535.00 for the Regina Food Bank!
2
VISION STATEMENT & EXECUTIVE
Our Mission:
Construction Specifications Canada (CSC) is a national, multi-disciplinary, non-profit association with chapters across Canada. CSC is committed to ongoing development and delivery of quality education programs,
publications and services for the betterment of the construction community. To this end, CSC pursues the study of systems and procedures which will improve the co-ordination and dissemination of documentation relevant to the construction process. CSC seeks to enhance the quality of the design and management aspects of construction
activity through programs of publication, education, professional development and certification believing that in so-doing it can best contribute to the efficiency and effectiveness of the industry as a whole.
Our Vision:
That Construction Specifications Canada is the construction community's first choice for quality documentation,
education and networking.
Our Values & Core Beliefs:
Quality, Professionalism, Teamwork, Integrity, Openness and Innovation.
The CSC Regina Executive Committee is recruiting! If you or someone you know would be a good fit for any of the following positions, please contact us at:
What’s in a Name? The Importance of Consistency in Construction Documents
By Jon Ponath – Robertson Stromberg LLP
In the construction procurement process, even seemingly minor inconsistencies in procurement documents can lead to confusion and uncertainty. This was the situation facing the Court in Surespan Construction Ltd. v
Saskatchewan, 2017 SKQB 55 , where confusion over the words “Bidder” and “Contractor” caused disagree-ment between the parties, resulting in a legal dispute over claimed damages in excess of $2.8 million.
This case involved an Invitation to Tender published by the Ministry of Highways and Transportation (the
“Ministry”) for the supply, fabrication, delivery, and erection of structural steel for a bridge to be located across the South Saskatchewan River near St. Louis, Saskatchewan. Only two contractors submitted bids:
Structal Bridges – whose bid was $9,631,000 – and Surespan Construction Ltd. (“Surespan”) – whose bid was
$8,407,168. Notably, both bids were substantially higher than the Ministry anticipated for the project.
The Ministry’s Invitation to Tender contained two Special Provisions relevant to this dispute:
Special Provision 1.1.2: “Bidders” to meet specified occupational Health and Safety requirements (OHS)
Special Provision 2.1: “Further to General Provision 1200.3, the Contractor shall be certified by the
Canadian Welding Bureau to the requirements of CSA Standard W47.1-92, Division 1.”
On review of the bids, the Ministry concluded that Structal Bridges was non-compliant with Special Provision 1.1.2. The Ministry also contacted Surespan to determine whether they held the welding certification as re-quired by Special Provision 2.1. During this discussion, Surespan confirmed that while it did not hold this certifi-cation directly, they intended to subcontract that particular portion of the work to a subcontractor that did hold the necessary certification.
As a result, the Ministry determined that neither bidder had submitted a compliant bid. This conclusion, along with the Ministry’s belief that significant cost savings could be achieved if they re-tendered the project into 2
parts (which, incidentally, was the subject of a separate debate in this case), led the Ministry to reject both bids under the ‘privilege clause’.
When the new tender was issued, the Ministry split the work as two separate projects: one for the supply, fabri-cation, and delivery of the structural steel; the other for the structural steel erection. These two new contracts were awarded to the lowest bidders, Capitol Steel Corporation (the supply contract) and Minty’s Moving Ltd. (the steel erection contract). The combined bids on these two new contracts totaled $4,396,000, representing savings of $4,011,167 from Surespan’s tender under the original contract.
7
LEGAL ARTICLE
The situation did not sit well with Surespan. They commenced an action against the Ministry, arguing, among other things, that they had submitted a compliant bid in the original posting. Surespan contended that the origi-nal tender documents drew a distinction between the terms “Bidder” and “Contractor”, as the two terms were
used in different provisions in the tender documents (for example, Special Provision 1.1.2, which refers to “Bidders”, and Special Provision 2.1, which refers to “Contractors”). Surespan argued that in submitting its bid for the contract, it was a “Bidder” rather than a “Contractor”, and Special Provision 2.1 only applied to the “Contractor”. Alternatively, Surespan argued that if Special Provision 2.1 did apply to them at the time of the bid, it only required Surespan to become certified upon being awarded the construction contract.
Following a detailed and careful review of the wording in the tender documents, the Court agreed with Surespan that the tender provisions differentiated between the terms “Bidder” and “Contractor”. For example,
each of the terms were specifically defined in the tender documents. However, the Court ruled that the two terms, while carrying different definitions, ultimately referred to the same entity. The Court concluded that unless Surespan held the welding certification prescribed by Special Provision 2.1 at the time of the bid, it was not qualified to be awarded the contract. Given the wording of the privilege clause, the Court also held that the Ministry was justified in rejecting both bids and re-tendering the work.
This decision illustrates the importance of consistency of terms within procurement documents. While the Court in this decision determined that ‘Bidder’ and ‘Contractor’ were one and the same entity, this may not always be the case – the wording and interpretation of the tender documents in their entirety is key. As such, when
drafting tendering documents, be sure that each provision is clear and that only one reasonable interpretation can be made. Where there could be two interpretations, consider inserting a specific clause to remove all doubt.
8
CSC NATIONAL CONFERENCE—EDMONTON 2018
9
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Advertisements will be posted in the newsletter and accessible via the Chapter Website
Publication disclaimer: The newsletter acts as a moderator without approving, disapproving or guaranteeing the validity or accuracy of any data, claim or opinion appearing under an ad or quoted from an acknowledged source. The opinions expressed by the authors do not necessarily reflects the official views of Construction Specifications Canada. Also appearance of advertisements and new products
or service information does not constitute an endorsement of product or service feature.
Deadline for submission is the first day of each month; to be included in that month’s
Considering advertising with the CSC Regina Chapter? The CSC brings together individuals from all segments of the construction industry. When you advertise with us you are
reaching a wide range of professionals and industry experts. Advertising with us will provide you with the opportunity to reach readers through the newsletter and on the CSC Regina website. The ad will be placed in one issue of the Specifier and remain on the website for one month.
The SBOA is proud to present “Training Week”. It is our goal to continue to provide all code practitioners with formal building code training and professional
development opportunities. “Training Week” will provide an excellent informative series of training sessions to help continue to develop, enhance, and advance your education, knowledge, and skills in building code application!
Who Should Attend? Building & Fire Code Officials
Architects, Building Design Engineers, Interior Designers, Building Design Consultants
Installers, Contractors Insurance Representatives
February 5th to 9th, 2018 Saskatoon Travelodge, 106 Circle Drive West, Saskatoon, SK (1-306-242-8881)
COURSE CALENDAR
Day: Course Stream 1: Course Stream 2:
Monday Feb. 5th:
ACBOA—Part 3 (2010 NBC), “Complex Buildings”
(3-day)
Conflict Resolution and Communication Dynamics
Onpurpose Leadership Inc.
Tuesday Feb. 6th:
Section 9.36—Energy Efficiency in Housing and Small Buildings
Red River College
Wednesday Feb. 7th:
Residential Mechanical Ventilation Installation HRAI—Francis Belle
Thursday Feb. 8th:
NFPA 13 Fire Sprinkler Plan Review Canadian Automatic Sprinkler Association
(2-day)
ACBOA—Part 9 (2010 NBC), “Small Buildings”: Means of Egress and Fire Protection
(2-day; excerpted from the 5-day course) Friday Feb. 9th:
SASKATCHEWAN BUILDING OFFICIALS ASSOCIATION INC. www.sboa.sk.ca
www.sboa.sk.ca
Conflict Resolution & Communications Dynamics
Through a series of learning modes including, scenario-based activities, exercises, presentations, role-playing and discussion, participants will:
• Gain an appreciation for the elements that can drive conflict.
• Learn how to recognize conflict environments; learn their own communication and behavior biases and how they contribute to conflict development and conflict resolution; learn key strategies to prevent and avoid conflict; address and resolve conflict.
• Develop skills for identifying conflict sources and contributors; skills for addressing and resolving conflict and skills for preventing conflict.
• Gain an appreciation for effective communication.
• Learn key aspects of effective communication and what makes communication effective and what constitutes ineffective communication; learn their own communication and behavior biases and how they contribute to communication challenges; learn key strategies to estab-lish effective interpersonal communication.
• Develop skills for effective dynamic communications through various mediums including: verbal; written; email; presentations; negotiating; conveying difficult decisions and information; having crucial challenging conversations.
In the session, we will make use of the Talent Insights Personal Profile tool which will provide participants with a personal profile report indi-cating their behavior, communication and motivators preferences. This will be used as a foundation in the learning process and will be utilized throughout the workshop.
Onpurpose Leadership
Building Officials Guide to Understanding HVAC Building Code Requirements
This 1-day course has been specifically designed for Building Officials. Objectives include:
• Understand the changes in heat loss and heat gain calculation methods introduced in new CSA F280-12 Standard and their impact on
sizing heating & cooling equipment.
• Review the ventilation requirements outlined in CSA F-326 and section 9.32 of the building code.
• Learn about different types of ventilation systems, supply air distribution strategies, and ventilation equipment (HRV/ERV)
• Recognize key areas to check when reviewing a submitted ventilation design and doing a site check for ventilation installation.
• Learn about good engineering practices and guidelines for forced air system design and installation with respect to inlet/outlet locations,
equipment & duct size selection, and duct installation/sealing.
HRAI—Francis Belle
9.36.—Energy Efficiency in Housing and Small Buildings
This course will prepare participants with required knowledge and tools needed to meet the requirements of Section 9.36 Energy Efficiency in Houses and Small Buildings using both compliance path options prescriptive and trade-off. Classroom experience will also assist in code interpretation and code compliance as code articles will be examined one by one. Explanations and examples will be used throughout the course to enhance the participants understanding. Participants will develop the ability to interpret and apply the requirements of the Section 9.36. The Section 9.36 course is intended for Building officials, design professionals, contractors or anyone working in the field of Part 9 construction. The goal of this course is to promote problem solving techniques and critical thinking skills using the code knowledge gained in the course and applying it to practical examples.
Red River College, Brandon, MB Tammy Harper, M.Ed., B.A., LEED AP
Part 9—Means of Egress and Fire Protection
This 2-day training session will focus on Means of Egress and Fire Protection for buildings other than dwelling units, that fall under Part 9 of the National Building Code. Topics include:
Excerpted from 5-day “ACBOA - Small Buildings”
General Requirements for Exits Dimensions for Means of Egress Fire Protection of Exits Obstructions and Hazards in Means of Egress Doors in Means of Egress Access to Exits Exits from Floor Areas Exit Signs Emergency Lighting Occupancy Classification Fire Ratings Building Size Determination Permitted Openings in Wall and Ceiling Membranes Construction Types
Fire Protection In Relation to Building Occupancy, Height, and Supported Elements
Fire Separations Within Buildings Service Rooms Firewalls Prevention of Fire Spread Doors, Dampers and Other Closures Fire Separations Between Buildings Fire Blocks Flame-Spread Limits Alarm and Detection Systems Smoke Alarms Fire fighting
SBOA
NFPA 13 Fire Sprinkler Plan Review:
Canadian Automatic Sprinkler Association
www.sboa.sk.ca
This two-day seminar provides attendees with vital information on how to conduct the plan review process for water-based
fire protection systems. Utilizing the requirements of NFPA 13, the participant will be guided through an actual review of
sprinkler system plans and calculations. They will discuss the importance of employing a systematic review process and iden-
tify the documents required for a complete plan review. Learning objectives include
• Apply the requirements for Plan Review in NFPA 13.
• Discuss the importance of a systematic review process.
• Identify the documents required for a complete plan review process.
• Correlate the requriements for plan review with the requirements in other chapters of NFPA 13.
• Evaluate the hydraulic calculations presented with a set of working plans submitted for review and approval.
ACBOA—Part 3 Complex Buildings:
Alliance of Canadian Building Officials Associations
This course has been designed to enhance the knowledge of existing Code Practitioners and those practitioners who wish
to improve their competence in the practice of interpretation and implementation of the principles of the National Build-
ing Code with respect to Large (Part 3) buildings, with emphasis being placed on Complex Buildings which are defined in
the NBC as:
1) Post disaster buildings, and
2) Buildings to which Subsection 3.2.6 or Articles 3.2.8.3 to 3.2.8.9 apply.
Some areas covered by this course include:
• Occupancy, Construction Types, Fire-Resistance ratings
• Appendix D, Fire Performance Ratings, including Flame spread, Smoke development
• Building Fire Safety
• Safety within Floor Areas
• Environmental Separation
• Additional requirements for high buildings,
• Appendix B, Fire Safety in high Buildings
• Mezzanines and interconnected floor spaces
• Structural Design, HVAC, Plumbing
• Safety Measures at Construction and Demolition Sites
• “Test your knowledge” Questions
• Post Course Study Plan
SBOA
REGISTRATION SBOA, Box 1671, Prince Albert, SK S6V 5T2
1. Register online at www.sboa.sk.ca. 2. Print, fill out, scan, and email this form to [email protected]; mail cheque to the SBOA mailing address. 3. Print, fill out, and fax to 1-306-982-4781; mail cheque to the SBOA mailing address. 4. Print, fill out, and mail along with cheque to the SBOA mailing address.
www.sboa.sk.ca
COURSE CALENDAR
Day: Course Stream 1: Course Stream 2:
Monday Feb. 5th:
ACBOA—Part 3, “Complex Buildings” (3-day)
Conflict Resolution and Communication Dynamics
Onpurpose Leadership Inc.
Tuesday Feb. 6th:
Section 9.36—Energy Efficiency in Housing and Small Buildings
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