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(Consolidated up to 251/2001)


School Act


Table of Contents

                1       Definitions

                2       School buildings

                3       Tenders required

                4       Tendering procedures

                5       Withdrawal of tenders

                6       Lowest tender

                7       Approval of tender

                8       Security for tender

                9       Alternative to tendering

              10       Alternate to tendering procedures

              11       Contract

              12       Performance security

              13       Alternate scheme manager, foreman

              14       Repeal

              15       Coming into force


1   In this Regulation,

                                 (a)    “Act” means the School Act;

                                 (b)    “alternate scheme of construction” means a scheme of construction of a school building project that is undertaken by a board in accordance with section 9;

                                 (c)    “Director” means the Director of the School Buildings Services Branch of the Department of Education;

                                 (d)    “School Buildings Board” means the School Buildings Board appointed under section 202 of the Act;

                                 (e)    “tender” means a bid called for by a board with respect to a school building project.

AR 383/88 s1;251/2001

School buildings

2   The Minister may establish the terms and conditions under which a board may engage in a school building project under section 203 of the Act.

AR 383/88 s2;251/2001

Tenders required

3   Subject to section 9, a board shall obtain tenders prior to entering into a contract for a school building project.

AR 383/88 s3

Tendering procedures

4(1)  A notice for a call for tenders shall be given by publishing the notice at least once a week for 2 consecutive weeks in a newspaper that circulates within the district or division where the school building project is to be undertaken and the notice shall include

                                 (a)    the name of the school building project or the type of sub‑trade or both,

                                 (b)    the address where the tenders are to be sent,

                                 (c)    the closing date and time of the tender, and

                                 (d)    the time, date and location where tenders shall be opened.

(2)  Alternate bids may be included in tenders only if the board calls for alternate bids from all tenderers.

(3)  Tenders submitted to a board shall be complete and submitted on the form, if any, prescribed by the board.

(4)  If a completion date is specified in a call for tenders, the board shall not accept a tender unless the completion date is stated in the tender.

(5)  A board shall receive tenders at a location specified by the board up to the time and date specified by the board as the deadline for receiving tenders.

(6)  After receiving the tenders, a board shall open the tenders in public at the time, date and location stated in the notice.

(7)  An authorized representative of a tenderer shall sign the tender.

(8)  If a board chooses a tender on the basis of a basic bid it shall ensure that information on the method of choice is available to all tenderers and shall advise the Minister of the method of choice when the tender is submitted to the Minister for approval.

(9)  If the board does not choose a tender on the basis of the basic bid it may select a tender on the basis of the basic bid as modified by alternate bids and the board shall ensure that the method of choice is made available to all the tenderers and that the Minister is advised of the method of choice when the tender is submitted to the Minister for approval.

AR 383/88 s4

Withdrawal of tenders

5   If a board calls for tenders, no person shall withdraw a tender submitted to a board until

                                 (a)    another person has entered into a contract with the board following the acceptance of a tender, or

                                 (b)    35 days after the deadline for receiving tenders,

whichever is earlier.

AR 383/88 s5

Lowest tender

6(1)  A board shall submit the lowest original tender for approval to the Minister in accordance with section 7.

(2)  Notwithstanding subsection (1), a board may submit a tender that is not the lowest tender if

                                 (a)    the board can show an error in the lowest tender, or

                                 (b)    the lowest tender is incomplete or not prepared in accordance with the instructions to the tenderers.

(3)  Notwithstanding subsections (1) and (2), the Minister may, on application by a board, not approve the lowest tender if the board provides evidence satisfactory to the Minister that the lowest tenderer’s performance on a recent building project was unsatisfactory.

AR 383/88 s6

Approval of tender

7(1)  On obtaining tenders, the board shall submit the tender signed and sealed in accordance with section 4(7) that it wishes to accept to the Minister for approval along with

                                 (a)    either the original bid bond and consent of surety or a certified cheque that meets the requirements of section 8, a copy of the board motion of selection of the tender, a list of all tenders received and, if the lowest tender is not accepted, the reason for not accepting it and any other information that the Minister requires, and

                                 (b)    evidence that

                                           (i)    a development approval has been obtained for the project by the board,

                                          (ii)    any by‑laws necessary for the construction or financing of the project have been passed by the board and approved by the Local Authorities Board, and

                                         (iii)    an agreement under section 197 of the Act if one has been entered into by the board.

(2)  If the Minister approves a tender submitted under this section, the board may accept that tender.

AR 383/88 s7;251/2001

Security for tender

8(1)  Either an original bid bond and consent of surety or a certified cheque in an amount of not less than 10% of the amount of the tender, that is valid and in effect for a period of not less than 35 days after the deadline for receiving tenders shall accompany each tender other than a tender under section 10.

(2)  If the form of the bid bond or the consent of surety that accompanies the tender are other than the standard forms approved by the Canadian Construction Association, the board shall, except in the case of a tender under section 10, notify the Minister of any deviation from the standard forms when the tender is submitted for approval.

AR 383/88 s8

Alternative to tendering

9(1)  A board may, prior to undertaking a school building project, submit to the Minister an alternate scheme of construction for a school building project without obtaining tenders under section 3.

(2)  A submission under subsection (1) must provide detailed information on the following:

                                 (a)    how materials, supplies and labour are to be provided;

                                 (b)    an estimate of costs;

                                 (c)    the name and qualifications of the proposed manager or foreman;

                                 (d)    the reasons for the selection of the scheme;

                                 (e)    any other information that the Minister requests.

(3)  If the Minister approves an alternate scheme of construction, the board may undertake a school building project in accordance with that scheme.

AR 383/88 s9

Alternate to tendering procedures

10(1)  A board that undertakes an alternate scheme of construction with its own employees may call for sub‑trade tenders to supplement its employees.

(2)  If the estimated cost of a sub‑trade contract under subsection (1) exceeds $100 000 the board shall call for tenders in accordance with section 4.

(3)  The board shall prescribe the security that is required for tenders under subsection (2).

AR 383/88 s10


11(1)  If an alternate scheme of construction or a tender under section 10, or both, is approved by the Minister, the board shall enter into a contract with the builder or tenderer, as the case may be, and shall ensure that the contract

                                 (a)    is in substantial compliance with the scheme or tender,

                                 (b)    is not binding on the parties unless the tender, if any, has been approved by the Minister, and

                                 (c)    provides that the tenderer, if any, will obtain sufficient builder’s risk or course of contruction insurance to protect the board and the Crown in right of Alberta in the event of any damage to property or injury to persons, unless the board has builder’s risk or course of construction insurance coverage sufficient to cover the cost of the construction.

(2)  A copy of a contract entered into under subsection (1) shall be forwarded on execution to the Director.

AR 383/88 s11

Performance security

12(1)  A contract entered into under section 11(1) shall be accompanied by

                                 (a)    a performance bond in amount of not less than 50% of the contract price, or

                                 (b)    a certified cheque in an amount of not less than 25% of the contract price,

as performance security and maintenance warranty unless the board prescribes other requirements for performance security and maintenance warranty.

(2)  A performance bond under subsection (1)(a) or a certified cheque under subsection (1)(b) shall remain in effect for a period of at least 12 months after issuance of the final certificate of completion by the board.

AR 383/88 s12

Alternate scheme manager, foreman

13(1)  If the Minister has approved an alternate scheme of construction and the scheme involves the use of a person who is not an employee of the board as manager or foreman, the board shall

                                 (a)    advertise for applications for the position of manager or foreman,

                                 (b)    interview all the applicants or if there are more than 3 applicants, at least 3 of the applicants,

                                 (c)    submit to the Director the name of the successful applicant for the position of manager or foreman and the contract that the board intends to enter into with the applicant, and

                                 (d)    ensure that the manager or foreman does not undertake any construction other than

                                           (i)    hoarding;

                                          (ii)    site clean‑up;

                                         (iii)    supply of temporary project shacks and cover;

                                         (iv)    supply of temporary heat;

                                          (v)    supply of temporary toilet facilities;

                                         (vi)    hoisting;

                                        (vii)    supply of temporary services including telephone, water and power to the site;

                                       (viii)    miscellaneous items for which a sub‑contract bid is not usually called, including casual carpentry and blocking for other trades.

(2)  All labour and materials not provided by the manager or foreman under subsection (1)(d) shall be provided by the board.

AR 383/88 s13


14   The School Buildings Regulations, 1977 (Alta. Reg. 4/77), the School Buildings Regulation, 1978 (Alta. Reg. 60/78), the School Buildings Regulation, 1979 (Alta. Reg. 180/79), the School Buildings Regulation, 1984 (Alta. Reg. 344/84) and the School Buildings Tendering Regulation (Alta. Reg. 333/77) are repealed.

AR 383/88 s14

Coming into force

15   This Regulation comes into force on December 31, 1988.

AR 383/88 s15