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ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia, Suite 1248 - 409 Granville Street, Vancouver BC V6C T2 t: (604) 687-2811 [email protected] www.acec-bc.ca Message from the President Keith Sashaw The mission of ACEC British Columbia is to promote the business of British Columbia consulting engineering by enhancing our business and professional stature and to provide value to our clients while maintain- ing a commitment to public service and pri- vate enterprise. To achieve this, ACEC-BC has numerous committees and task forces charged with monitoring and working with a myriad of contacts engaged in engineer- ing and construction. It is through these committees, task forces and, of course, the Board of Directors that ACEC-BC gets en- gaged in many issues affecting the industry. A growing issue of concern is the worsen- ing state of contracts that our members are being asked to sign. Increasingly, owners are attempting to unduly transfer risk or impose onerous conditions on engineer- ing firms. In the last month, ACEC-BC has responded to two specific instances, one involving a health authority and the other a municipality. In the instance of the health authority, the limits of liability for the consultant had been completely removed from the contract documents through modifications to the AIBC Document 8C. The expectation was that the consultant was expected to take on unlimited liability. The member declined the work due to the extreme risk this modi- fication presented to the company. ACEC- BC is of the opinion that this contractual change is unreasonable, as consultants cannot be expected to take on unlimited liability for projects. This issue was run by a lawyer on an infor- mal basis, and he noted “that the indemnity is likely to result in either a loss of insurance coverage or at least create areas where there is no coverage. This of course cre- ates a problem for the consultant, but also for the client. The deletion of the limita- tion of liability and substitution of the new clause leaves the consultant without any limit on liability. The provision does not even limit liability to the amount of insur- ance available.” One inherent outcome of these kinds of clauses is that the client may be faced with consultants either choosing not to work for them or in having signifi- cant “risk premiums” added to the contract price. ACEC-BC believes that good agreements include the following important character- istics: Contractual arrangements and terms are fair and balanced. Fairly and appropriately shares and dis- tributes risk and reward. Recognizes the purpose of insurance, and does not include clauses that are uninsurable. Does not hold the consultant respon- sible for events and actions outside their control. Requires an appropriate level of profes- sional liability insurance for the work being undertaken, and limits liability to the insurance available. Includes a mechanism for project changes and allows for a fair and bal- anced dispute resolution. Fairly recognizes and compensates for intellectual property. Uses industry recognized language that can be understood by both the parties, and not just their lawyers. ACEC-BC cautions members to review contracts very carefully, as the conse- quences of accepting an onerous clause could be catastrophic. Often, owners will respond to challenges with the comment that “everyone else is doing it”. Like continued ...

ACEC British Columbia Newsbrief · ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia, Suite 1248 - 409 Granville Street, Vancouver BC V6C T2 t: (604) 687-2811

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Page 1: ACEC British Columbia Newsbrief · ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia, Suite 1248 - 409 Granville Street, Vancouver BC V6C T2 t: (604) 687-2811

ACEC British Columbia

Newsbrief January/February 2014

ACEC British Columbia, Suite 1248 - 409 Granville Street, Vancouver BC V6C T2 t: (604) 687-2811 [email protected] www.acec-bc.ca

Message from the PresidentKeith Sashaw

The mission of ACEC British Columbia is to promote the business of British Columbia consulting engineering by enhancing our business and professional stature and to provide value to our clients while maintain-ing a commitment to public service and pri-vate enterprise. To achieve this, ACEC-BC has numerous committees and task forces charged with monitoring and working with a myriad of contacts engaged in engineer-ing and construction. It is through these committees, task forces and, of course, the Board of Directors that ACEC-BC gets en-gaged in many issues aff ecting the industry.

A growing issue of concern is the worsen-ing state of contracts that our members are being asked to sign. Increasingly, owners are attempting to unduly transfer risk or

impose onerous conditions on engineer-ing fi rms. In the last month, ACEC-BC has responded to two specifi c instances, one involving a health authority and the other a municipality.

In the instance of the health authority, the limits of liability for the consultant had been completely removed from the contract documents through modifi cations to the AIBC Document 8C. The expectation was that the consultant was expected to take on unlimited liability. The member declined the work due to the extreme risk this modi-fi cation presented to the company. ACEC-BC is of the opinion that this contractual change is unreasonable, as consultants cannot be expected to take on unlimited liability for projects.

This issue was run by a lawyer on an infor-mal basis, and he noted “that the indemnity is likely to result in either a loss of insurance coverage or at least create areas where there is no coverage. This of course cre-ates a problem for the consultant, but also for the client. The deletion of the limita-tion of liability and substitution of the new clause leaves the consultant without any limit on liability. The provision does not even limit liability to the amount of insur-ance available.” One inherent outcome of these kinds of clauses is that the client may be faced with consultants either choosing not to work for them or in having signifi -cant “risk premiums” added to the contract price.

ACEC-BC believes that good agreements include the following important character-istics:

Contractual arrangements and terms are fair and balanced.

Fairly and appropriately shares and dis-tributes risk and reward.

Recognizes the purpose of insurance, and does not include clauses that are uninsurable.

Does not hold the consultant respon-sible for events and actions outside their control.

Requires an appropriate level of profes-sional liability insurance for the work being undertaken, and limits liability to the insurance available.

Includes a mechanism for project changes and allows for a fair and bal-anced dispute resolution.

Fairly recognizes and compensates for intellectual property.

Uses industry recognized language that can be understood by both the parties, and not just their lawyers.

ACEC-BC cautions members to review contracts very carefully, as the conse-quences of accepting an onerous clause could be catastrophic. Often, owners will respond to challenges with the comment that “everyone else is doing it”. Like

continued ...

Page 2: ACEC British Columbia Newsbrief · ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia, Suite 1248 - 409 Granville Street, Vancouver BC V6C T2 t: (604) 687-2811

ACEC British Columbia Newsbrief January/February 2014

– 2 –

Deputy Minister’s Consulting Engineers AwardsThe BC Ministry of Transportation and Infrastructure (BCMOTI) presented the Deputy Minister’s Consulting Engineers Awards at a gala dinner on January 28 at the Hyatt Hotel, Vancouver. The awards dinner was part of Facing the Future, a transportation conference hosted jointly by ACEC-BC, BCMOTI and TransLink.

Awards were presented in 5 categories – here are the fi nalists and winners:

Design & Contract Preparation - Roads

Winner: H5M (Joint Venture of Hatch Mott MacDonald and MMM Group)

Cape Horn Interchange

Finalist: Urban Systems Ltd.

Highway 2, Dawson Creek, 8th Street to Rolla Road

Finalist: R.F. Binnie & Associates

Highway 99 at 16 Ave. Interchange

Design & Contract Preparation - Structures

Winner: Buckland & Taylor Ltd.

South Fraser Perimeter Road – BNSF Viaduct Construction

Finalist: Sargent & Associates Engineering

Texaco Bridge No. 7154 Replacement

Finalist: Associated Engineering

Cypress Creek Bridge No. 2498 Rehabilitation and Seismic Retrofi t

Swing into Spring at the 25th Annual Awards for Engineering Excellence Gala, Saturday April 12, 2014 at the Vancouver Convention Centre. The Awards celebrate the technical excellence, creativity and innovation in the BC consulting engineering industry. This is your opportunity to participate in one of the most exciting events in the industry’s calendar.

Registration for the gala is now open. If you have any questions about the Awards program, please contact the ACEC-British Columbia secretariat at...

[email protected] (604) 687-2811

or visit www.acec-bc.ca/awards.aspx

February 19TransLink Mixer Vancouver Hilton Metrotown, Burnaby

February 25How to Win Work, Secure Higher Fees, and be a Valuable Resource

Coast Capri Hotel, Kelowna

February 25Vancouver YPG Curling Social

Vancouver Curling Club

March 4YPG Breakfast Seminar Communication in Multidisciplinary and Multicultural Environments

Four Seasons Hotel, Vancouver

March 6BC Hydro Mixer

Vancouver Hilton Metrotown, Burnaby

March 12YPG Kamloops Breakfast Seminar Contract Language for Agreements Between Clients and Consultants Hotel 540, Kamloops

March 25Succession Planning for Engineering Companies Metropolitan Hotel, Vancouver

April 12ACEC-BC Awards Gala Vancouver Convention Centre West

Upcoming EventsPresident’s Message from p. 1...

our mothers used to say, “if all the other kids jumped off a cliff , would you?” In this instance, agreeing to some clauses is the equivalent of jumping off a corporate cliff , with dire results for all.

Keith SashawPresident & CEO, ACEC British Columbia

Construction Management and Supervision Services

Winner: McElhanney Consulting Services

Highway 5 – Clearwater Valley Road Intersection Improvements

Finalist: Binnie Construction Services Ltd.

Bessborough Road 212

Finalist: CMS Focus Construction

Management Services

(A Division of Focus Corporation)

Highway 3 Sparwood Westbound Passing Lane

Transit Engineering Services

Winner: PBX Engineering Ltd.

Fiber Optic Integration Project

Specialized Engineering Services

Winner: WorleyParsons Canada Ltd.

Seabus Facilities Rehabilitation

Congratulations to all of the fi nalists and winners! For more information, see...

http://www.th.gov.bc.ca/ celebratingexcellence/engineers.htm

BCWWA 42nd Annual ConferenceFeaturing one of the largest trade shows of its kind in Western Canada as well as tech-nical and operator sessions and seminars, and countless networking opportunities, this event is BC’s destination to share skills, knowledge, education and experience with the water and waste community.

The conference takes place at the Whistler Conference Centre and Fairmont Chateau Whistler, May 3-6. For details, see:

https://www.bcwwa.org/ events/annual-conference.html

Page 3: ACEC British Columbia Newsbrief · ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia, Suite 1248 - 409 Granville Street, Vancouver BC V6C T2 t: (604) 687-2811

ACEC British Columbia Newsbrief January/February 2014

– 3 –

Canadian Consulting Engineering AwardsCall for Project Entries

Submit your project for national recognition! The deadline for your Notice of Intention to Enter is Tuesday, March 25, 2014.

The Canadian Consulting Engineering Awards represent the highest honours for excellence in consulting engineering in Canada. Now in their 46th year, the awards are a joint program of the Association of Consulting Engineering Companies (ACEC) and Canadian Consulting Engineer magazine. Winning projects are selected based on high quality engineering, imagination and innovation.

National Recognition for Your Firm

The Canadian Consulting Engineering Awards provide a platform for ACEC member fi rms to showcase their talent and expertise. The list of winners is publicized nationwide and project details are published in a special issue of Canadian Consulting Engineer magazine. In addition, ACEC and CCE will jointly issue a press release to media in your local area.

Canadian Consulting Engineering Awards Gala - Industry’s Premier Networking Event

Presentation of the awards will take place at the Canadian Consulting Engineering Awards Gala dinner in Ottawa on October 23, 2014. The Awards Gala is a premier networking opportunity for ACEC members and a showcase for the accomplishments of the industry.

Raise the Industry’s Profi le and Participate in ACEC’s Parliament Hill Day

Representatives of the winning fi rms are invited to participate in ACEC’s Parliament Hill Day, where they will join an exclusive group of ACEC representatives for face-to-face meetings with high-ranking Parliamentarians on key issues facing the industry.

Enter Now!

To showcase your fi rm’s work, enter the 2014 Canadian Consulting Engineering Awards by completing the form at...

www.canadianconsultingengineer.com/awards/forms.aspx

CIM 2014 ConventionThe CIM 2014 Convention takes place in Vancouver, BC, May 11-14, 2014.

The technical program will serve to draw over 5,000 participants who will meet to learn, network and exchange with peers and business leaders alike. CIM’s 31st Exhibition will feature the latest equipment, technology, processes and services. Buyers, planners, engineers, researchers, technical experts, managers and directors can meet the best equipment and service suppliers focused on serving the needs of the mining and minerals industry.

http://vancouver2014.cim.org/

ACEC-BC YPG Supports VRCA U40 Charity Fundraiser

ACEC-BC YPG Chair Mark Byram of Levelton Consultants and VRCA U40 Chair Craig Shirraof Bird Construction.

The Vancouver Regional Construction Association (VRCA) U40 group met at the Butcher and Bullock on December 19th, 2013 for their annual Ugly Sweater Party. This was the last event of the season for the group. The monies raised through the event were used to support Kidstart, the U40 Network’s charity partner. It was a success with many ugly sweaters to be seen. ACEC-BC was there to support the cause.

APEGBC Council ElectionCall for Nominations

The call for nominations for APEGBC Council for the 2014-2015 term is underway. Of the current 12 elected positions on Council there are only three (3) ACEC British Columbia members whose terms will carry over for the APEGBC 2014-2015 Council year.

More than half of the top 50 employers of APEGBC members are ACEC-BC member fi rms. It is important to our industry that the views of consulting engineering fi rms are adequately represented on APEGBC Council.

For further information, to express interest or to recommend a candidate for consider-ation, please contact Dr. Michael Isaacson, P.Eng. FEC, FGC (Hon.), Chair of the APEGBC Nominating Committee at

[email protected].

Complete information including eligibility, commitments, and nominating process is also available on the APEGBC web site at:

https://www.apeg.bc.ca/About-Us/Our-Team/

Council/Council-Election-Call-for-Nominations

BUILDEX VancouverBUILDEX Vancouver is one of Canada’s largest tradeshows and conferences, welcoming over 13,500 Design, Construc-tion and Real Estate Management profes-sionals each year. Over 600 exhibits and more than 50 educational seminars impact THREE distinct professional markets, all under one roof:

Interior design and architecture

Property and real estate management

Construction and renovation

BUILDEX takes place February 19 & 20, 2014 at the Vancouver Convention Centre. Enjoy two days of product launches, problem-solving, education and a great networking opportunity!

www.buildexvancouver.com

Page 4: ACEC British Columbia Newsbrief · ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia, Suite 1248 - 409 Granville Street, Vancouver BC V6C T2 t: (604) 687-2811

ACEC British Columbia Newsbrief January/February 2014

– 4 –

Thank You Awards Sponsors!The ACEC-BC Awards Gala owes much of its success to the participation of our Sponsors. To date, confi rmed Sponsors of the 2014 Awards for Engineering Excellence are:

Patron Sponsor

Platinum Sponsors

Gold Sponsors

Silver Sponsors

Bronze Sponsors

B&B Heavy Civil Construction Ltd.BC Road Builders

Houle ElectricMcElhanney Consulting Services Ltd.

MMM GroupMoff att & Nichol

For information about participating as a sponsor of the ACEC-BC Awards for Engineering Excellence, please see

www.acec-bc.ca/awards.aspx

Awards Gala – Advertising Opportunity in BIV MagazineACEC-BC is partnering with Business in Vancouver to produce a special feature that will highlight the winners and nominees of our 25th Annual Awards for Engineering Excellence. The feature will appear on Tuesday, April 15, 2014, which is the week following our Awards Gala.

Our goal in producing this special feature is to promote positive public awareness of the profession and to highlight outstanding projects and professionals throughout the province. We have chosen to partner with BIV this year in an attempt to get our mem-bers’ work in front of more client groups and key decision makers.

We would like to encourage your organiza-tion to consider advertising in this targeted publication. Due to strong corporate advertising support in features like this over the years, ACEC-BC has been able to ef-fectively communicate the vital roles that Consulting Engineers play in this province, and around the world.

In addition to the general public, this special feature will also reach key business leaders and decision makers who purchase engineering services. This special content feature in Business in Vancouver will be sent to all ACEC British Columbia members and BIV’s 12,500 subscribers.

In the near future, many of you can expect to hear from a representative with Business in Vancouver who will contact you to pro-vide details and ask for your support. In the meantime, should you wish to take advan-tage of this special advertising opportunity in Business in Vancouver, please contact Blair Johnston at (604) 608-5148 or

[email protected].

Stay connected to your industryACEC-British Columbia posts important engineering industry news and interesting articles to its Twitter, Facebook and LinkedIn pages daily. This is a great way to stay up to date on future projects, learn more about soft skills and read about fascinating engi-neering projects from around the world. Start following us now!

twitter.com/acecbc facebook.com/acecbc www.linkedin.com

(on LinkedIn, search for Association of Consulting Engineering Companies – British Columbia)

Thank You to Awards JudgesExcitement is building for the 25th Annual Awards for Engineering Excellence, which will be held on Saturday, April 12th at the Vancouver Convention Centre (West). The task of choosing the best from among the many outstanding entries in this year’s competition was a diffi cult one. We would like to thank and recognize our distin-guished panel of judges:

John Haythorne, P.Eng, FEC, FGC (Hon.), LLB Partner, Dentons Canada LLPChief Judge, 2014 Awards Judging Panel

Sarah Clark, P.EngPresident and CEO, Partnerships BC

Paul Dunstan

President, Plenary Group

Paul Harris

Publisher and President, Business in Vancouver

Donna Howes, P.Eng, FECCouncillor, APEGBC

Tom Johnston, P.EngPast Chair, ACEC-British Columbia

Peter Judd, P.Eng.Chief Engineer, City of Vancouver

Tim Philpotts

Partner, Ernst & Young Orenda Corporate Finance

Zulie Sachedina

Vice President Human Resources and General Counsel, Providence Health Care

Keith Stein

Vice President Projects, Teck Resources Ltd.

Carol Weismiller

BC Road Builders

For more information about the Awards for Engineering Excellence, see

www.acec-bc.ca/awards.aspx