Question 1

Quality Assurance & Quality Control: Does the contractor need to provide testing to confirm they have met the applicable standard or does the owner have to pay for this under General Condition 4.12?

Accepted Answer

QUESTION

I understand is compaction is covered under sections 31 23 01 and 31 24 13 and 33 11 01 1.0 & 1.1 for water main installations. Compaction needs to be to 95% Modified Proctor.

COMMENT

Check out the “Contract Considerations” video “Quality Assurance and Quality Control Testing” on the MMCD website mmcd.net.

Question 2

Does a delay caused by wildfires fall under Abnormal Weather?

Accepted Answer

QUESTION

Contractor was to mobilize to site today, but now will not be able to construct due to fires in area and are looking for compensation. Does this delay fall under abnormal weather?

COMMENT

GC 13.3 Unavoidable delay cites Abnormal Weather as something beyond the reasonable control of the Contractor.

Question 3

What happens when a Contractor breaches the contract?

Accepted Answer

Delay, workmanship, may be covered in General Conditions clauses, such as: GC 4.13 Rejected Work; GC 13.2 Delay by Contractor; GC 15.3 Termination; GC 23.1 Reimbursement for Wrongful Act or Neglect and others.

It is important to document all communications.

This situation may require legal advice...but check the GCs for sections relevant to the alleged breach

Question 4

Is a broadly worded privilege clause appropriate in Additional Instructions to Tenderers?

Accepted Answer

QUESTION

I am contemplating the following Additional Instruction To Tenderers and am looking for constructive feedback on whether it is appropriate and if there is any legal precedent for such discretion.

Basis of Contract Award & Acceptance

The Owner reserves the right to award the Contract based on the above pre-requisites and to reject without further consideration, any tender which in its opinion, does not meet the criteria it considers essential for this project.

The tenderer, by submitting a tender, waives any claim or recovery for loss of profits or any prospective damages whatsoever if no Contract is entered into with the tenderer. In no event, shall the Owner be liable for the Tenderer’s cost of preparing and submitting a tender, which shall be done by the Tenderer at its sole risk.

COMMENT

This looks like a “broadly worded privilege clause”, a concept which the MMCDA has discussed and rejected, because we anticipate that this will deter bidders.

However, there is support for s a request for proposals, so that Owners can have flexibility to reject and likely negotiate. MMCD is investigating a RFP template.

Question 5

Is there any requirement to have a measuring device on the camera to indicate the depth of ponding when doing video inspections on sanitary and storm pipes?

Accepted Answer

QUESTION

Is there a standard for the video inspections that are done on sanitary and storm pipes? Specifically, is there any requirement to have a measuring device on the camera to indicate the depth of ponding?

COMMENT

33 01 30.1 refers

Question 6

What is the correct Manhole Ladder Dimension?

Accepted Answer

QUESTION

What is the correct ladder dimension?

Std Dwg S1 states first rung in manhole to be no more than 650mm from finished top of manhole frame (150mm rung to barrel, risers max 500mm).

WorkSafeBC G13.2(1)(b) Ladders in manholes - "The maximum distance down from the entry level (rim of the manhole cover) to the centerline of the first rung below entry level in any manhole should be 500 mm (20 inches) where no handhold is provided above the first rung. Where a handhold is provided between the entry level and the first rung, the maximum distance may be increased to not more than 660 mm (26 inches)."

COMMENT

Review Std Dwg S1 with respect to conformance to WorkSafeBC.

Question 7

Can MMCD Association give design or technical opinions about contracts?

Accepted Answer

MMCD Association does not offer design or other technical opinion regarding individual contracts, but try to point out sections in the MMCD that might be relevant to the question.

Question 8

Will there be a hard copy edition of the Design Guideline Manual?

Accepted Answer

No, MMCD Association will license electronic copies only. Those wishing a hard copy are welcome to print the sections of interest from their electronic copy. There is a net saving of energy and material from using digital editions, and the electronic features of searchable text and linkages to reference sites are helpful to the designer who wants more in-depth information.

Question 9

What is the most recent MMCD Document available?

Accepted Answer

The most recent edition of documentation is the MMCD 2019 Edition, released in 2020. Volume 1 contains the User Guide and Volume II contains the standard specifications and detail drawings.

The 2019 Edition marks the first ever server edition of the MMCD. Learn more here!

Question 10

Can I print the Design Guideline Manual without the "Printed from MMCD..." watermark across the pages?

Accepted Answer

No, it is not possible to print without the watermark. The watermark is embedded in printed pages to identify the version of the Design Guidelines from which it is extracted; and to remind users that the content is subject to copyright. The version identification is necessary because periodic updates will be issued to license holders, including new material as it becomes available. Printed copies from superseded versions might omit corrections or extensions of the text made by subsequent versions of the electronic document.

Persons using a printed copy only, therefore, need to be aware of the version number of the license, so they can check if they are referring to the current version of the document, or whether their (dated) copy should be discarded.

The Design Guidelines are intended to be a reference document, rather than a source of extracts, for bylaws, procurement or policy papers. As with Volume I and Volume II of the MMCD documents, the reference rather than the text can be used in specifications, etc.