Midget AA Bruins earn three of four points
Smashing Success Ira Pylypuk broke 5 boards with a hammer fist during the Estevan Tae Kwon-Do Club’s annual tournament Saturday at the Estevan Comprehensive School. Over 80 competitors took part in the one day event. For more on the tournament please see B1.
⇢ B2
November 7, 2012
WEDNESDAY
Lest We Forget
Local educator takes over as STF head
www.estevanmercury.ca Issue 27
Bruins earn wacky shootout win over Hawks ⇢ B1
City slapped with lawsuit
⇢ A3
The City of Estevan has been hit with a six-figure lawsuit from a local company. The Mercury has learned Turnbull Excavating has sued the City of Estevan over issues stemming from a tender issued earlier this year. Filed on Oct. 17 in the Court of Queen’s Bench, the suit accuses the City of failing to act in good faith and breach of contract. Turnbull Excavating is asking for damages in excess of $450,000 plus court costs. In an interview Friday, Mayor Roy Ludwig said the matter was before the courts and it would be irresponsible to speak on the particulars of the case at this time. How-
New border crossing opens in Portal
⇢ A4
ever, he added that the City hopes for a speedy resolution and to mend their relationship with Turnbull Excavating. “(Turnbull Excavating) is a good contractor in our community and we hope to get past this and continue what we thought was a good working relationship,� Ludwig said. The Mercury also contacted Turnbull Excavating for a comment on the story but had not received one as of press time. According to the statement of claim obtained by The Mercury, the suit revolves around a tender issued in the spring to build a 1.2 kilometre pipeline of 450 mm
diameter PVC pipe and 2.4 km of 350 mm HDPE gravity sewer main. On May 3, Turnbull Excavating submitted a bid for $3.216 million which ultimately proved to be the low tender by over $380,000. On May 7, the suit says that Associated Engineering — the firm that was hired to issue the tender and review the bids on behalf of the City —
recommended that Turnbull Excavating be awarded the tender and asked the City for instructions to issue a notice of award to the company. However, on May 22, the claim noted that Turnbull Excavating received a letter from city manager Jim Puffalt, which said, in part “Attached please (sic) the summary of the recent tender showing the low tender to be Turnbull construction at the tendered price of $3,191,345.00 the City of Estevan is prepared to award the contract to the low bidder however require written commitment to pay one-quarter of the cost as previously discussed.
“It is proposed that the City manage the contract and bill the partners on a monthly basis the costs of the contract ($878,086.00 each). Please correspond as quickly as possible so the work can start.â€? The issue of paying the $878,086 is one of the major points of contention as Turnbull Excavating claims in the suit that there was no discussion with the City about paying one-quarter of the cost and the payment was not a term of the tender contract. Because they did not agree to the term, Turnbull Excavating was ultimately not awarded the contract. Suit ⇢ A2
Hearthstone committee reaches $5.55 million Scan with your smartphone to visit The Mercury’s mobile website
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WEATHER & INDEX
The Hearthstone Community Campaign has taken another step towards its goal of raising $8 million for a new nursing home in Estevan. The group announced Saturday morning, during its Coffee With Wally event, that they are 70 per cent of the way to their goal with $5.55 million raised. The $8 million goal represents the amount of money that must be raised locally before construction can proceed on the new facility which has
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Don Kindopp, Chairman of the Hearthstone Community Campaign, announced Saturday the group has raised $5.55 million.
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an estimated $34 million price tag. In making the announcement Saturday, Don Kindopp, chairman of the Hearthstone group, said he continues to be amazed by the generosity of local residents and the support they have shown for the much-needed facility. “I really mean it when I say our community is generous,â€? Kindopp said. “I think generosity springs out of understanding our needs and Seventy ⇢ A2
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