REPORT TO

MAYOR AND COUNCIL

PRESENTED: APRIL 6, 2009 - SPECIAL MEETING REPORT: 009-44

FROM: ENGINEERING DIVISION FILE: 5330-24-18
SUBJECT: UPDATE ON NORTH NICOMEKL TRUNK SEWER

RECOMMENDATION(S):
That Council receive the report Update on North Nicomekl Trunk Sewer;

That Council grant staff the authority to enter into an agreement with Metro Vancouver, titled the
Services Agreement (“the Agreement”), on behalf of the Township of Langley, subject to such
modifications as may be deemed necessary by legal counsel; and further

That Council authorize staff to direct the Consultant to proceed with detailed design and
engineering construction services.

EXECUTIVE SUMMARY:
Metro Vancouver’s North Nicomekl Trunk Sewer will need to be upgraded to accommodate the
additional flows from East Langley. In order to meet the desired timeframe, it was necessary for
the Township to undertake design, construction, and project management responsibilities. The
full cost is to be reimbursed by the Metro Vancouver, subject to the Agreement being executed.

To limit the Township’s liability, the Engineering Services Contract the Township has with
AECOM under RFP 08-105 was limited to preliminary design only until approval of the
alignment by Council, the City of Langley, and Metro Vancouver. Metro Vancouver Engineering
and Construction, and City of Langley Engineering departments have now agreed to an
alignment for the sewer, and detailed design can now commence.

PURPOSE:
To update Council on the progress of the North Nicomekl Trunk Sewer project, to obtain
Council’s approval to enter into an Agreement with Metro Vancouver and to direct the
engineering consultant to proceed with the detailed design and engineering services portion of
its Contract.

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UPDATE ON NORTH NICOMEKL TRUNK SEWER
Page 2 . . .

BACKGROUND/HISTORY:
A section of Metro Vancouver (MV) trunk sewer – referred to as the North Nicomekl Trunk
Sewer – will require an immediate upgrade to accommodate flows from East Langley, to occur
as a result of the new sanitary sewer system currently being constructed between Aldergrove
and Murrayville. The North Nicomekl sewer is located in the City of Langley, and a small portion
of the City of Surrey, within the Nicomekl River floodplain. MV has indicated that, while the
North Nicomekl upgrade is part of its long range plan, the installation extends beyond the
Township’s timeline. In order to meet the desired timeline, the Township has initiated the
design, and will undertake construction and project management responsibilities. Council was
previously advised on this project via report 07-133.

DISCUSSION/ANALYSIS:
Metro Vancouver’s (MV) triple bottom line assessment criteria were used to determine that the
optimal route was a twinning of the existing sewer on the north side of the Nicomekl River,
within the floodplain. Alternate routes along 53 Avenue, 52 Avenue, and south of the river were
also examined, but costs and social impacts due to construction were the main reasons these
alignments did not prevail. A public Open House and meetings with other stakeholders
occurred in December 2008, hosted jointly by staff from the City of Langley, MV, and the
Township. The public's comments were largely related to a proposed nature trail (a City
initiative separate from the sewer project) and the public was generally supportive of the sewer
project. The City is currently undertaking a separate public consultation process regarding the
proposed nature trail.

To meet the required schedule MV is undertaking the necessary property acquisition which
should be complete in April. The most critical property has already been acquired.
Construction is scheduled to start in June and be completed by autumn of this year, to meet the
allowable Fisheries construction window. Fisheries and environmental approvals are pending.

An Agreement will have to be established to allow for reimbursement of the direct costs from
MV to the Township for the design and construction of the sewer. Project costs are anticipated
to be well within the current budget and are in the order of $9 million. The Agreement has been
reviewed by Township lawyers. MV advise they do not expect any substantive changes.

When AECOM was retained by the Township in June 2008 to provide engineering services for
this project, AECOM was instructed in the Contract not to proceed with detailed design without
approval from MV, CoL and Township Council. This was included in the contract to protect the
Township and AECOM from continuing with the detailed design of this project without approval
of the alignment from both the City and MV. Representatives of the City and MV have now
provided this approval, through their appointed representatives.

Legal Implications:
Property managers from Metro Vancouver have been negotiating and obtaining rights-of-way on
behalf of and in favour of Metro Vancouver.

Intergovernmental Implications
Metro Vancouver (MV) and City of Langley (CoL) staff have been involved throughout the
design process. MV will be taking over operation of the sewer after construction. CoL may use
the maintenance access over the sewer alignment as a multi-purpose nature trail,
interconnecting into their trail system.

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UPDATE ON NORTH NICOMEKL TRUNK SEWER
Page 3 . . .

Community Implications
The new trunk sewer will have sufficient capacity to allow for growth in both the City and
Township.

Cost and Resource Allocations

Funds that have been fronted by the Township have been taken from the Aldergrove Connector
Sanitary Sewer (GL 05-20710000), with the expectation that monies will be restored through
payments from MV.

Respectfully submitted,

Dave McCormick
UTILITIES PLANNING ENGINEER
for
ENGINEERING DIVISION

ATTACHMENT A – NNTS MV TOL Agreement (Draft)

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 ATTACHMENT A

DRAFT
North Nicomekl Trunk Sewer
Services Agreement between
Metro Vancouver and
The Corporation of the Township of Langley

THIS AGREEMENT made the day of 2009

BETWEEN

Metro Vancouver
4330 Kingsway
Burnaby BC V5H 4G8

( “Metro Vancouver”)

OF THE FIRST PART

AND:

The Corporation of the Township of Langley

20338 65th Avenue
Langley, BC V2Y 3J1

( “TOL”)
OF THE SECOND PART

WHEREAS:

A. Metro Vancouver plans to design and construct a new sanitary trunk sewer for the
existing North Nicomekl Trunk Sewer to increase capacity and to provide a long term,
robust and durable facility;

B. The works and services described in Paragraph A will be constructed within dedicated
right-of-way in favour of Metro Vancouver within the City of Langley and the City of
Surrey;

C. Metro and TOL (the “Parties”) have agreed that TOL will ensure that the Works will be
constructed and installed on behalf of Metro Vancouver in accordance with the terms of
this Agreement.

NOW THEREFORE in consideration of the premises the Parties hereto agree as follows:

1. INTERPRETATION

In this Agreement,
“Approved Plans” means engineering plans drawings and specifications for the Works which have
been approved by Metro Vancouver in accordance with the requirements listed in Schedule “C”;

“Construction Services” means all labor, equipment and materials used in the construction and
installation of the Works;

“Engineering Services” means all services provided by engineers, engaged by TOL, with respect to
the design, procurement of materials and construction, and with respect to the Works;

“Project” means the design, construction and installation of the Works;

“Project Management” means the project management services related to the management and
oversight of all aspects of the Project including, procurement of engineering and construction
services, materials, property acquisition, contract administration, reporting, public consultation
and confirmation that the Works have been completed to the requirements of this Agreement;

“Scope of the Work” means the work that is shown on the attached drawing in Schedule ‘B”;

“Substantial Completion” and “Substantially Complete” have the meanings given in the Builder’s
Lien Act;

“Warranty” includes the repair, reconstruction and replacement of the defective Works;

“Warranty Period” means the period of time of two (2) years determined under Section 5.0 of this
Agreement for the repair and remediation of defects in the Work following the issuance of the
certificate of Substantial Completion;

“TOL Construction Agreement” means the Construction Agreement between the TOL and the
construction contractor for the construction of the Works and services required by this Agreement;

“Works” means the works and services described in Schedules “A” and “B” attached to and
forming part of this Agreement.

2. APPOINTMENT
TOL shall manage the design and construction of the Works on behalf of Metro Vancouver in
accordance with the terms of this Agreement.

3. TOWNSHIP OF LANGLEY RESPONSIBLITIES

3.1. TOL shall ensure that the Works are designed, constructed and installed in accordance
with the terms of this Agreement;
3.2. TOL shall ensure that the Works are constructed and installed in accordance with the
Approved Plans;
3.3. TOL shall retain a qualified Project Manager to assist in the design, construction and
installation of the Works;
3.4. TOL shall retain qualified and professional individuals that display the ability and
capacity to complete the Works in accordance with this Agreement;
 3.5. TOL shall ensure that the Works fully comply with all applicable laws, by-laws, statutes,
standards and specifications;
3.6. TOL shall ensure that the Works are designed, constructed, tested and installed to the
standards and specifications as determined by Metro Vancouver;
3.7. TOL shall ensure that the Works are connected, where necessary, to the City of Langley’s
existing services in accordance with the City of Langley standards and specifications;
3.8. Upon Substantial Completion TOL will provide to Metro Vancouver confirmation by a
professional engineer indicating that the Works are Substantially Complete in general
accordance with the Approved Plans;
3.9. TOL will develop and implement a wet weather plan to manage infiltration and inflow
from upstream areas. This plan will meet Basic Sanitary Sewer Service flow criteria as
defined in the most recent Greater Vancouver Regional District Liquid Waste Management
Plan. The cost and implementation of the wet weather plan is not to be considered as part
of this Agreement.
3.10. TOL shall be responsible for the operation, maintenance and cost to operate the
sanitary trunk sewer within its jurisdiction.
3.11. TOL’s maintenance will include the responsibility to maintain its odour control
equipment on the portion of the trunk sewer that is within its Jurisdiction.

4. METRO VANCOUVER RESPONSIBLIITIES

4.1. Metro Vancouver shall, within 10 business days of receipt, review and accept or reject and
return with comments any design plans, drawings and specifications, tender documents or
contracts or other relevant documents or correspondence, relating to the Works. Failure by
Metro Vancouver to accept or reject and return with comments within 10 business days
shall be deemed to be acceptance;
4.2. Metro Vancouver is responsible to provide the TOL with any standards and specifications
that it wishes to form the basis for the design and construction of the Works, including
specifications provided in Schedule “C”;
4.3. Metro Vancouver, shall at its discretion review and inspect the construction of the Works,
including the quality of the construction contractor’s workmanship, quality of materials,
temporary works, and any other works that are related to the construction and installation
of the Works, to satisfy itself that the Works are being constructed in accordance with the
Approved Plans. Metro Vancouver shall retain and assign an inspector to work side by
side with TOL’s Engineering Services and whose role shall include, but not be limited to,
accepting the Works and reviewing and accepting progress estimates and any changes to
the scope, design, standards and specifications;
4.4. Metro Vancouver shall be responsible to acquire any and all parcels of land, or portions of
parcels of land, as rights-of-way, that may be required for the construction and installation
of the Works and shall do so at its own cost ’;
4.5. Metro Vancouver shall provide in writing the Certificate of Acceptance to the TOL upon
the Work being substantially complete to the satisfaction of Metro Vancouver. Within 10
business days of Metro Vancouver issuing the Certificate of Acceptance TOL will issue a
Substantial Completion certificate for the construction contract;
4.6. Upon Substantial Completion, Metro Vancouver will assume responsibility for the
operation and maintenance of the Works, notwithstanding Section 5.0 of this Agreement,
including operation and maintenance of the odour control facilities.
5. WARRANTY AND MAINTENANCE OF WORKS
5.1. TOL warrants and represents that at the time of Substantial Completion the Works shall be
free of defects in design, materials or workmanship;
5.2. Metro Vancouver warrants and represents that, from time to time, during the Warranty
Period, it will conduct inspections of the Works to determine the presence of any defects
that require remediation and advise TOL in writing of said defects;
5.3. TOL warrants and represents that it will continue to be responsible for contract
administration and arranging for the rectification of defects during the two (2) year
Warranty Period.

6. PROJECT BUDGET
The Metro Vancouver confirms the approved funds for this Project is $14 M.

7. PROJECT COMPLETION
Substantial Completion of the Works will occur on or before December 1, 2009.

8. ELIGIBLE COSTS
Metro Vancouver shall reimburse the TOL, in full for any eligible costs incurred by TOL in
respect of the Works
8.1. Eligible costs shall include the following:
a. Project Management services, including all fees, disbursements and expenses
related to the Works;
b. Engineering services, including all fees, disbursement, expenses and materials
related to the Works;
c. Construction materials, including all costs related to the supply,
manufacturing, processing and transporting to the site of any materials
required for the Works;
d. Public consultation;
e. Construction services, including all costs related to construction services
including construction management, labour, materials, equipment, temporary
works and any extra work that is approved in writing by Metro Vancouver and
TOL in advance of the work being undertaken by the construction contractor;
f. Any reasonable costs that may arise from damages that are directly related to
the Works, including any cost claims submitted by the construction contractor;
g. All costs that have been incurred by TOL and are relevant to this Agreement
including the costs of dedicated resources that date back to February 2008.
8.2. The costs related to Metro Vancouver and TOL staff time shall not be considered as
eligible costs.
8.3. Any properties or rights-of-ways that are owned or controlled by TOL or Metro
Vancouver that may assist in the construction and installation of the Works shall be
provided to the Project at no cost to Metro Vancouver.

9. PAYMENT
TOL shall invoice Metro Vancouver on a bi-monthly basis and Metro Vancouver shall
reimburse the TOL for the full invoice amount within 60 days of the invoice date.

10. DISPUTE RESOLUTION

10.1 The Parties will each appoint a person as that party’s representative for the purpose of
 coordinating all matters and obligations of the Parties as required by this Agreement. Each
party will advise the other of the name and contact information of its representative and each
party may change its representative from time to time by notice in writing to the other party.

10.2 If any dispute arises between the Parties with respect to this Agreement, then, within
seven (7) days of written notice from one party to the other, or such time as may be mutually
agreeable, the representatives of the Parties will participate in good faith discussions in order
to resolve and settle the dispute. In the event that such representative are unable to resolve the
dispute within fourteen (14) days of the first written notice, or such other time period mutually
agreeable to the Parties, each party will appoint a senior representative that has not been
previously involved in the matter in dispute , to attempt to resolve the dispute. If the senior
representative of the Parties are unable to resolve the dispute within fourteen (14) days of their
appointment they will agree upon the selection of a qualified independent mediator versed in
the resolution of commercial disputes in order to assist the Parties in the resolution of the
disputes, and who will attempt to so assist the Parties for a period of thirty (30) days from the
date of their appointment. Each party will bear their own costs of the formal mediation process
and will equally share the general costs of mediation. If the Parties are unable to resolve the
dispute within the thirty (30) day period or such longer period as may be agreed to by the
parties the matter will be resolved through binding arbitration pursuant to the Commercial
Arbitration Act of British Columbia.

11. INDEMNIFICATION
11.1 TOL shall indemnify and save harmless Metro Vancouver, its officers, employees, Board
members, contractors and agents:
a. against all damages, costs, losses or expenses incurred by Metro Vancouver as a
result of TOL’s breach of this Agreement;
b. against all expenses and costs which may be incurred by reason of liens, non-
payment of labour or materials, Workers Compensation assessments,
employment insurance, Federal or Provincial tax or Union dues; incurred by
Metro Vancouver as a result of the construction and installation of the Works;
and
c. from any claims, actions or proceedings brought or alleged by any person
relating to the construction, or repair of the Works by TOL up to but not beyond
the expiration of the Warranty Period.;
11.2 This indemnity shall survive any termination of this Agreement in relation to any matter
arising while this Agreement is in effect.

12. METRO VANCOUVER PROPERTY IN WORKS

Upon Substantial Completion, all of the Works shall become the property of Metro Vancouver

13. TERMINOLOGY
Wherever the singular or the masculine are used in this Agreement, they shall be interpreted as
meaning the plural or the feminine or body corporate where the context requires.

14. ASSIGNMENT
TOL’s obligations under this Agreement shall not be assigned without the written consent of
Metro Vancouver, such consent not be unreasonably withheld.
15. BINDING EFFECT
This Agreement will enure to the benefit of and be binding upon the Parties hereto and their
respective successors and permitted assigns. Subject to the terms of an approved assignment
under Section 13 of this Agreement, the Party’s obligations under this Agreement shall
continue in effect notwithstanding any transfer of title to all or part of the Land.

16. TIME OF THE ESSENCE

Time is of the essence of this Agreement.

17. ACKNOWLEDGEMENT
The Parties acknowledge having read and fully understood all of the terms and obligations of
this Agreement and confirms that this Agreement has been entered voluntarily.

IN WITNESS WHEREOF the Parties hereto have set their hands as of the day and year first above
written.

METRO VANCOUVER )
by its authorized signatories )
)
__________________________ )
)
)
__________________________ )
)
)
THE CORPORATION OF THE )
TOWNSHIP OF LANGLEY )
by its authorized signatories )
)
__________________________ )
)
)
__________________________ )
 SCHEDULE “A”
North Nicomekl Trunk Sewer
Project Description

Metro Vancouver requires that a new sewer be installed adjacent to the portion of the existing
trunk sewer that is located on the north side of the Nicomekl River from approximately 100 metres
east of 203rd Street, running west to the Metro Vancouver sewer pump station located
approximately 50 metres west of 196th Street and 52nd Avenue. The existing pipe is approximately
30-years old and has deteriorated such that ongoing and extensive repairs are required.

The Township of Langley requires this new sewer in order to increase capacity to service East
Langley via its sewer expansion project that is planned to be operational no later than December
2009.

The City of Langley requires this replacement sewer in order to increase capacity for their planned
densification that includes the densification described in the recent Downtown Master Plan.

The scope of the replacement sewer pipe includes the following:

• Connection to the existing Langley Connector #3 sewer pipe at a location approximately

100 metres east of 203rd Street with a new reinforced concrete pipe (size to be confirmed);
• Installation of a continuous pipe running underground on the north side of the Nicomekl
River and within the Nicomekl floodplain as shown in Schedule “B”;
• Installation of manholes, generally to be located at street ends for easy maintenance access,
specific locations to be determined during detailed design;
• Installation of odour control facilities;
• Construction of maintenance accesses, where necessary;
• Connection to the Metro Vancouver sewer pump station, located in the City of Surrey
approximately 50 metres west of 196th Street and 52nd Avenue; and,
• Connection to the City of Langley services, where required.
 SCHEDULE “B”
North Nicomekl Trunk Sewer
Plan
 SCHEDULE “C”
North Nicomekl Trunk Sewer
Technical Memorandum

1. TOL will make best efforts to ensure that flows from the sewer system within Langley
Township’s Jurisdiction entering into the new sewer pipe will generally not exceed a
dissolved sulphide content of 0.1 mg/l;

2. The trunk sewer will be designed to convey Basic Service Flow only, as determined by
Metro Vancouver’s Liquid Waste Management Plan.

3. The project design will include permanent access to manholes along the pipeline alignment.
Such access may also form part of the Langley trail system. Costs for constructing the
access roads will be considered as part of the Works;

4. The project design will provide for flow and quality monitoring points at the boundary
between the TOL and Metro Vancouver pipe;

5. The project will be designed and constructed in accordance with Metro Vancouver’s
published and unpublished standards, specifications and requirements.