On-Site Magazine April 2012

Page 1

APRIL 2012

2012 P

ICKUP TRUC K RE

PORT

pg.

TAKING THE

LEED

pg.38

18

Is it time to

go lean? pg.24

ROOM TO MOVE

COMPACT EQUIPMENT FOR SMALL SPACES pg.31

+

PROJECT DELIVERY

THE CHANGING FACE OF CONSTRUCTION pg.42 www.on-sitemag.com

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VOLUME 56, NO.3 / APRIL 2012

18

cover story 24 Is it time to go lean? Potential cost savings drive contractors toward lean construction

Departments 5 Comment Southern hospitality at its finest

8

News Industry news

11 Test Drive Big excitement, small products

12 Calendar Upcoming industry events

14 Construction Statistics The latest news on building permits and construction employment

31

46

COLUMNS 42 Risk The changing face of project delivery

44 Funny Photo Funny Photo contest

46 Contractors and the Law Canada’s new anti-spam and online fraud act

43

Index of Advertisers

features 18

Trucks Find out what’s new from the top-five manufacturers

31 Room to move Compact equipment manufacturers discuss how they’re helping operators work in tight spaces

38

Taking the LEED in landfill diversion Contractors look to construction and demolition recycling facilities for sustainable building practices and LEED points

IN THIS ISSUE 16 CCA Winners Recipients of the Canadian Construction Association’s National Awards Program were recognized at the 94th annual conference in Savannah, GA.

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COMMENT

Southern hospitality at its finest

N

Get the latest construction news! Follow us on Twitter @OnSiteMag

ow that I have experienced the Canadian Construction Association’s annual conference for myself, I can confirm that this is indeed an industry that works hard, loves its families and knows how to have fun! Embracing all of the southern charm and hospitality that Savannah, Ga. is well known for, this year’s conference theme, The Changing Face of Construction, was highly appropriate. Somewhere between the pralines and wine-fuelled Gone With the Wind theme night, I learned a lot about the hazards of wearing a hoop skirt, and even more about the changes that are impacting our construction industry. “One has to look no further than economic projections to anticipate some of the changes forthcoming for Canadian construction,” says Nadine (Dee) Miller, 2011 chair of the board, CCA. “The growing need for Canadian natural resources means the Canadian construction industry can anticipate increased infrastructure demands over the coming years.” And Miller’s thoughts were echoed throughout the week by many of Canada’s leading contractors. Geoff Smith, CEO of Ontario-based EllisDon was part of a discussion panel entitled The Changing Face of Construction: How do we Adapt? Definitely one of the industry’s more colourful characters, Smith identified several key issues that are currently “scaring the sh.. out of him!” One of the big topics that came up over and over during this session, and throughout the week, was that global competition is coming, and we will all need to work more collaboratively if we are to compete.

“If you want to stay in the game, you’ve got to pick up your game. The Europeans are here. And they have much broader capabilities than we do here in Canada,” says Smith. “They are huge. It’s a threat to me. It’s a threat to all of us in the way we do business. They do cradle-to-grave. They do project finance. They are very capable companies.” Our own columnist David Bowcott, who specializes in risk management sat on a different CCA panel entitled Trends in Construction Delivery Processes. One of the key themes of this discussion was focused on the idea of consolidation. “Some of these new delivery models seem to be creating greater collaboration, transparency and communication amongst project stakeholders,” explains Bowcott. Whether it’s paranoia forcing the collaboration, as is the case with P3s, or whether it’s an honest drive to create a partnership through some of the shared risk models… it appears to be creating greater value for money from the owner’s perspective.” (For more on this topic, check out Bowcott’s risk column on pg. 42) There’s little doubt that Canada’s construction industry is changing. There will be new challenges and opportunities in the years ahead, but after having spent a few days watching, listening and learning from our industry’s best, I am confident that we will adapt and prosper.

Corinne Lynds / Editor CLynds@on-sitemag.com

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CONTRIBUTORS www.on-sitemag.com / Fax: 416-510-5140

meet our contributors

Publisher | Peter Leonard (416) 510-6847 PLeonard@on-sitemag.com

Jim Barnes / Contributing Editor

“Lean business strategies revolutionized

first the manufacturing industry, then healthcare, financial services and others. With sagging productivity and waste issues, the construction industry could be next.

Editor/Editorial Director | Corinne Lynds (416) 510-6821 CLynds@on-sitemag.com Assistant Editor | Andrew Snook (416) 442-5600 x3524 ASnook@on-sitemag.com Contributing Editor | James A. Barnes Art Director | Melissa Crook (416) 442-5600 x3260 MCrook@bizinfogroup.ca Associate publisher | David Skene (416) 510-6884 DSkene@on-sitemag.com Account Manager | John Chiasson (416) 510-6791 JChiasson@on-sitemag.com Sales & Marketing Coordinator | Kim Rossiter 416-510-6794 KRossiter@bizinfogroup.ca Production Manager | Barb Vowles 416-510-5103 vowlesb@bizinfogroup.ca

David Bowcott / Senior vicepresident, national director large/ strategic accounts, construction and infrastructure services, Aon

Circulation Manager | Selina Rahaman (416) 442-5600 x3528 SRahaman@bizinfogroup.ca Published by BIG Magazines LP, a division of Glacier BIG Holdings Company Ltd. 80 Valleybrook Drive, North York, ON M3B 2S9

Our industry is facing significant change and I think the CCA did a great job at emphasizing this point through the sessions they put on for their membership. Congratulations to John Shubert, Dee Miller, Mike Atkinson and their team for a great conference. Let’s keep the dialogue on how best to manage change going.

BIG Magazines LP Executive Publisher | Tim Dimopoulos Vice-President of Canadian Publishing | Alex Papanou President of Business Information Group | Bruce Creighton SUBSCRIPTION RATES Canada $81.00 per year, Outside Canada US$139.00 per year, Single Copy Canada $13.00. On-Site is published 7 times per year except for occasional combined, expanded or premium issues, which count as two subscription issues.

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“Canada’s new anti-spam and online fraud

act will soon come into force. It is important that you fully understand the significant impacts that this legislation will have on the ways in which you communicate with clients and potential clients.

Privacy Notice From time to time we make our subscription list available to select companies and organizations whose product or service may interest you. If you do not wish your contact information to be made available, please contact us via one of the following methods: Phone: 1-800-668-2374 Fax: 416-442-2191 E-mail: jhunter@businessinformationgroup.ca Mail to: Privacy Officer, 80 Valleybrook Drive, North York, ON M3B 2S9 Canadian Publications Mail Agreement No. 40070230 On-Site receives unsolicited materials (including letters to the editor, press releases, promotional items and images) from time to time. On-Site, its affiliates and assignees may use, reproduce, publish, re-publish, distribute, store and archive such unsolicited submissions in whole or in part in any form or medium whatsoever, without compensation of any sort. DISCLAIMER This publication is for informational purposes only. The content and “expert” advice presented are not intended as a substitute for informed professional engineering advice. You should not act on information contained in this publication without seeking specific advice from qualified engineering professionals. Canadian publications Mail Sales Product Agreement 40069240

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“As much as I enjoy talking about equipment, what really turns my crank are the people I get to talk to. Dealers, contractors, equipment operators; just about everyone has something interesting to say. You guys make my day!

Established in 1957, On-Site is published by BIG Magazines LP a division of Glacier BIG Holdings Company Ltd. Inc. ISSN: 1910-118X We acknowledge the financial support of the Government of Canada through the Canada Periodical Fund (CPF) for our publishing activities.

Content copyright ©2011 by BIG Magazines LP, may not be reprinted without permission.

MEMBERS OF

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Canadian Association of Equipment Distributors

Canadian Construction Association

12-04-13 11:34 AM

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INDUSTRY NEWS

SNC-Lavalin signs $133-million contract with Petroleos de Venezuela S.A. Montreal-based SNC-Lavalin recently signed a $133-million project management contract with Petroleos de Venezuela S.A. (PDVSA) for the Delta Caribe Oriental Project, located in the Sucre State in northeastern Venezuela. The project is comprised of four offshore gas fields; Dragon, Patao, Mejillones and

Ontario’s construction industry to experience significant labour demands over next nine years Approximately 120,000 construction workers will need to be recruited over the next nine years, according to the Construction Sector Council’s (CSC) forecast for Ontario’s construction industry. The CSC’s report, Construction Looking Forward, 2012 to 2020 Key Highlights for Ontario, states that demand for skilled workers in the industry will be led by infrastructure projects in the Greater Toronto Area (GTA)—such as increased investment in nuclear facilities, transportation and construction for the 2015 Pan/Parapan American Games—and mining projects in northwestern Ontario and Sudbury. The report states the construction industry’s labour force will need to increase by approximately 43,000 skilled workers to meet industry demands, while an additional 77,000 workers will be needed to replace people expected to retire over the next decade. Pat Dillon, business manager of the Building and Construction Trades Council of Ontario, said that the systems to train the province’s future workforce are in place and that industry needs to maintain those support systems to continue to recruit, train and retain construction workers. He said the support systems are essential for

Rio Caribe, in addition to a sub-

meeting the challenges of replacing skilled workers as they retire.

stantial onshore development for industry, named Complejo Industrial Gran Mariscal

Record numbers at World of Asphalt and AGG1 2012 Two tradeshows recently teamed up and paved their way to record numbers for attendee registrations, exhibit space, exhibitors and education session tickets sold. The World of Asphalt Show & Conference and AGG1 Aggregates Forum & Expo both took place from March 13 to 15 at the Charlotte Convention Center in Charlotte, N.C. There were more than 6,500 registered attendees at show close, including people

Ayacucho (CIGMA). SNC-Lavalin’s project management team will be working closely with PDVSA and will be supervising the work of contractors who are providing engineering, procurement, construction, installation and commissioning services for the offshore and onshore facilities. Work has already begun at the project’s offices in Caracas, Cumaná, London and Houston, TX.

from all across Canada and the U.S. and more than 50 other countries worldwide. The show floor was a record 115,000 sq. ft. of exhibit space, filled up by 408 different exhibitors, who presented their latest products related to aggregates, asphalt, pavement maintenance and traffic safety. Attendees were looking to learn at the event, purchasing a record 6,200 education session tickets for the shows’ signature programs: AGG1 Academy, Asphalt Pavement Conference and People, Plants and Paving Training Program.

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INDUSTRY NEWS

Feds offer up $37.5 million in funding for B.C. bridge The City of Victoria will get a replacement for its Johnson Street Bridge; largely due to $37.5 million in funding to be received from the Government of Canada. The expected cost of the project is approximately $77 million, with the City of Victoria paying the difference. The federal government’s portion of the funding will come from $21 million from the Building Canada Fund and $16.5 million from Canada’s Gas Tax Fund. Eve Adams, the MP for Mississauga-Brampton South and Parliamentary Secretary to the Minister of Veterans Affairs, made

Strong growth expected for Manitoba A recent report by the Construction Sector Council (CSC) states that the Province of Manitoba is currently entering a second decade of strong expansion.

the announcement on March 3. The project is expected to produce approximately 900 local jobs and $500 million in economic development. The replacement bridge will feature: on-road bicycle lanes; improved accessibility for pedestrians, strollers and scooters; safer road approaches; and connections to the Galloping Goose trail and the future Harbour Pathways. The bridge is expected to be completed and open to traffic by the end of March 2016.

The report, titled Construction Looking Forward, 2012 to 2020 Key Highlights for Manitoba, shows construction continuing to be an industry leader in the province, making gains in non-residential and residential markets that will lead to low unemployment

rates and potential challenges in meeting labour demands in the sector. The construction sector estimates it will require an additional 16,000 workers over the next decade. It expects to see the industry’s labour force in the province rise by 9,100 workers, with another 6,900 workers expected to retire. The non-residential construction industry continues to show steady growth driven by major utilities projects currently underway and others scheduled to be built. Dave Martin, executive director of the Allied Hydro Council of Manitoba, said the projects will “translate into strong demand requirements with industry facing the risk of potential skill shortages and recruiting challenges over the next few years.” He added that industry stakeholders will need to carefully manage worker mobility across projects and provinces. Sustained recruiting efforts will remain a priority for the industry and will include targeting youth, women, Aboriginal peoples, other industries and immigrants.

CHECK US OUT ONLINE! For all the up to date stories, news and our digital edition.

on-sitemag.com

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INDUSTRY NEWS

Test drive

Other features include: Eco Mode, a new engine throttle setting that reduces fuel consumption up

Big excitement, small products

to 25 per cent; traction control, which reduces slip and undercarriage wear; Power Pitch Blade, lets the operator

By Corinne Lynds

adjust the blade pitch to optiLast month, Caterpillar’s

mize productivity; and a

Building Construction Prod-

choice of undercarriage,

ucts (BCP) division opened its

operators can select ei-

doors to more than 25 mem-

ther the standard sealed

bers of North America’s

and lubricated track (SALT) undercarriage

trade press. We spent the majority of

or the SystemOne under-

our time at the 10,000 sq.-ft.

carriage. Finally, heated,

Clayton Visitor Center in

seat-mounted controls

North Carolina. The BCP

give operators a heated

marketing team, our gra-

joystick option, perfect

cious hosts for two days,

for greater comfort in

guided us through detailed product breakdowns, demonstrations and test drives of

Caterpillar D5K2 track-type tra

cold climates.

ctor.

all the new Tier 4i-compliant small equipment products. The long list of new equipment included: K Series small wheel loaders, K2 small track-type tractors, 272D skid steer loader

Introducing

from

Innovative Mobile Apps HCSS

and 299D compact track loader, E Series mini hydraulic excavators, F Series backhoe loaders, TL1255C telehandler and various other work tools. The real standout for me in this expansive lineup of compact equipment, was the D5K2 track-type tractor. The biggest fish in Cat’s compact tractor pond, this 104-hp tractor offers several new innovations. Stable Blade (a new blade control feature that helps operators obtain a finished grade with less effort) paired with an AccuGrade grade control system, enables contractors to continue using a tractor instead of having to bring in a motorgrader. Stable Blade is standard on the D5K2, but AccuGrade is optional.

Fully-Integrated Construction Apps That Handle Real Work

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Innovative for the

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Construction Industry

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Designed for construction Flexible technology

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Constant internet not required Integrates with accounting

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INDUSTRY NEWS News Briefs

> The Lafarge Group has appointed its president and CEOs for Canadian operations. René Thibault has been hired to oversee Canada’s four western provinces (B.C., Alberta, Saskatchewan and Manitoba) as well as the Yukon, Nunavut and the Northwest Territories, while Bob Cartmel will oversee Ontario, Quebec, Newfoundland and Labrador and the three Maritime provinces.

> Volvo Construction Equipment and Carlson Paving Products have entered into an agreement that will increase the number of screed options available for Volvo pavers. Carlson will update the design to the Wedge-Lock screed in addition to offering manufacturing and field support. Volvo dealers across North America will be the exclusive sellers of the Wedge-Lock screeds, designed for use with Volvo 6000 series asphalt pavers.

> The City of Cornwall opened the bids it received for the Secondary Wastewater Treatment Plant Project in March.

Norm Levac, general manager of Infrastructure and Municipal Works, said the bids could have ranged as high as $54 million, but all of them came in under $52 million, including HST. Bids were received from the following companies: Graham Construction and Engineering ($49,201,696.12), Maple Reindeers Constructors Ltd. ($49,349,613.00), Pomerleau Inc. ($49,861,761.89), North America Construction (1993) Ltd. ($50,223,725.00) and Bondfield Construction Company Ltd. ($51,468,476.12). Final tender awarding is expected to be in front of city council before the end of March 2012. The project will upgrade the Cornwall Wastewater Treatment Plant to secondary treatment, which will include expanding the facility with various additions, including biological aerated filter technology. The project has a budget of $55.5 million with construction expected to begin in spring 2011.

> Strongco Corporation will be expanding its presence in northern Alberta with plans

to build a new branch in Fort McMurray, Alta. The building is expected to be a 23,000-sq.-ft. facility, with construction beginning in August 2012 and a completion date of February 2013. It will offer a full line of products from Volvo Construction Equipment as well as Manitowoc, National and Grove crane products.

> The request for qualifications (RFQ) to design, build, finance and maintain the new Providence Care Hospital has been issued by Infrastructure Ontario and Providence Care in Kingston, Ont. The hospital will house Providence Care’s rehabilitation, complex continuing care, specialized geriatrics, palliative care and mental health programs that are currently located at St. Mary’s of the Lake Hospital and Mental Health Services (MHS) buildings. It will be built on a site adjacent to the existing MHS facility. Teams that pre-qualify through the RFQ stage will be invited to respond to a request for proposals, expected to be released in the fall of 2012.

May 1 to 2

May 23 to 27

May 29

June 6 to 7

June 10 to 12

Partners in Prevention 2012 Health & Safety Conference & Trade Show

CSC Conference 2012

Contaminated Groundwater Seminar

The Canadian Institute’s Forum on Collaborative Project Delivery

CSA Annual Conference

International Centre, Mississauga, ON. This tradeshow is Canada’s largest health and safety event. It features more than 400 exhibitors and 60 interactive sessions and hosts more than 4,500 health and safety professionals. www.healthandsafety ontario.ca/PartnersIn Prevention2012/Home.aspx

Delta Ottawa City Centre, Ottawa, ON This year’s Construction Specifications Canada (CSC) conference “Reflections” will offer attendees technical programs on a variety of topics, including: LEED from a proponent’s viewpoint and from an opposing viewpoint, solar collector arrays, tracking labour construction markets and more. www.csc-dcc.ca/ Conferences

Hyatt Regency Hotel, Toronto, ON This one-day seminar focuses on fracing and its environmental impact, contamination of groundwater, fresh water depletion, and risk to human health. Professionals in government, industry and NGOs offer their perspectives. www.brownfields marketplace.com/ breakfastseries/toronto

The Fairmont Hotel, Vancouver, BC The Canadian Institute’s two-day conference will offer senior industry executives, leading construction lawyers, and consultants an opportunity to network and share insights on key collaboration issues, including choosing the right project delivery method for a project, integrated project delivery and more. www.canadianinstitute.com/ projectdelivery

Quebec City Convention Centre, Quebec City, QC. The Canadian Standards Association’s annual conference and committee week (committee meetings run to June 15) offers attendees a chance to collaborate on new ways to improve safety through standards. It will examine product safety, occupational health and safety, greener environments and more. www.csa.ca/cm/ca/en/ annual-conferenceand-committee-week

For more industry events go to on-sitemag.com

12 / April 2012

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Win the World’s greatest pizza party, featuring the World’s Worst delivery guy.

a big thank you for your entire creW, W W, including a visit from mike roWe Caterpillar wants to say thanks for all you do. That’s why they’re holding a contest for you, about you and by you. If you own or operate Cat® equipment, just tell us why your work is important. If your entry wins, Caterpillar will throw a party for your entire company, including a visit from Mike Rowe. learn more at WinattheWorkshop.com.

© 2012 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, their respective logos, “Caterpillar Yellow” and the “Power Edge” trade dress, as well as corporate and product identity herein, are trademarks of Caterpillar and may not be used without permission.

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CONSTRUCTION STATS A selection of data reflecting trends in the Canadian construction industry

Year-over-year Year-over-yearchange changeininaverage averageweekly weeklyearnings earningsininthe 10 sectors, January 2011 to January 2012 2012 thelargest 10 largest sectors, January 2011 to January Retail trade Construction Wholesale trade Public administration Manufacturing

Average weekly earnings up 2 per cent

All sectors

In January, the average weekly earnings of non-farm payroll employees was $888.89, a 0.6-per cent increase from December and a two-per cent increase when compared to January 2011. The increase was led by five of Canada’s 10 largest industrial sectors: retail trade; construction; wholesale trade; public administration and manufacturing. In the construction sector, average weekly earnings increased by 3.1 per cent to $1,105.70, led by growth in residential building construction, foundation, structure and building exterior contractors and other specialty trade contractors.

Accommodation & food services Administrative & support services Professional, scientific & technical services Educational services Health care & social assistance –2

0

2

4

6

%

Total value valueof ofpermits permits Total $ billions 7.4 7.0 6.6 6.2 5.8 5.4 5.0 4.6 4.2 3.8 3.4 3.0 F

Building permits up 7.5 per cent Total building permit values jumped 7.5 per cent to $6.5 billion in February, after experiencing an 11.4-per cent decline in January. The boost in total value of permits was due to a 36.2-per cent increase in the non-residential sector to $2.5 billion, following a 20.6-per cent decrease in January. Quebec, Alberta and B.C. were the biggest contributors to the increase. The jump in non-residential building permits offset the residential sector, which fell by 5.3 per cent in February to $3.9 billion. 2009

J

2010

J

2011

J F 2012

Construction jobs up slightly The unemployment rate fell by 0.2 per cent to 7.2 per cent in March, due to an increase of 82,000 jobs. The increase in employment follows four months of little change. In the construction sector, employment increased by 8,700 jobs in March, up 0.7 per cent from February. Employment in the construction sector was up by 1.0 per cent, when compared to March 2011. Overall employment increased in Ontario (46,000 jobs), Quebec (36,000 jobs) and Manitoba (6,100 jobs) in March, while New Brunswick (down 5,700 jobs) and Nova Scotia (down 2,900 jobs) experienced declines. Employment is up by 1.1 per cent from 12 months ago, or 197,000 jobs.

Employment Employment thousands 17,600

17,400 17,200

17,000 16,800

16,600

J

Source: Statistics Canada

2009

J

2010

J

2011

J M 2012

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CCA AWARDS

And the CCA awards go to… By Corinne Lynds

R

ecipients of the Canadian Construction Association’s National Awards Program were recognized at the 94th annual conference in Savannah, GA. The awards program recognizes outstanding individuals, associations and firms that represent the Canadian construction industry. The following awards were presented at the awards luncheon and ceremony on Wednesday, March 14: Trade Contractors Award of Recognition — Grant Neal, vice president, Vipond Inc. Neal served on the CCA Executive Committee, and currently participates as an active member of both the CCA Trade Contractors Council, and the CCA Board of Directors. Civil Infrastructure Award of Recognition — Gord Lee, president and CEO, Nelson River Construction As an active member in the industry, Lee has participated on numerous association boards, councils and committees, including the Manitoba Heavy Construction Association, Western Canada Roadbuilders and Heavy Construction Association, Manitoba Construction Sector Council and the Canadian Construction Association. Manufacturers, Suppliers and Services Award of Recognition — Geza Banfai, partner, Infrastructure – Construction, Heenan Blaikie LLP Geza Banfai is rated by the Canadian Legal Lexpert Directory as “consistently recommended” in the construction law category and he remains recognized as one of Canada’s leading lawyers in the area of construction law in the 2011 and 2012 editions of The Best Lawyers in Canada. Gold Seal Association Award of Excellence — Construction Association of Nova Scotia This association uses the Gold Seal Certification syllabus and certification guide to create position descriptions for key construction occupations such as project manager, superintendent and estimator. Community Leader Award — Bob Walker, Edmonton Walker has been improving the lives of others for the past 40

years, not only through the tremendous impact his construction projects have had on his hometown, but also through his superb record of community volunteer involvement. Partner Association Award — Edmonton Construction Association Established in 1931, the Edmonton Construction Association believes that one of its most valued membership services is its role as a source of construction information. CCA National Safety Award — Black & McDonald Black & McDonald’s safety program is driven by a national safety committee, which designates regional responsibilities, while taking a national approach to program improvements. CCA International Business Award — PCL Family of Companies International development has been a strong focus for PCL. Since 2009, the company has been involved with many large-scale projects in Australia, U.S., U.K. and South Africa. Environmental Achievement Award — Lafarge Canada – Calgary The Calgary Airport Authority (CAA) parking lot project incorporated the use of an amended asphalt mix containing 15 per cent reclaimed asphalt pavement and four per cent asphalt shingle modifier. This mix met specifications, reduced waste and permitted mixing to occur at lower temperatures, thus reducing emissions at the asphalt plant. Excellence in Innovation Award — A&B Concrete Pumping A&B’s Concrete Washout Program uses the same process for traditional washing out of concrete pumps, but with a bag underneath the hopper. The bags are designed with straps—to secure them to the hopper of the pumps, and hooks—to enable retrieval of the bag, which contains the concrete waste. The bags are picked up, weighed and stockpiled for recycling. Person of the Year — Dwight Brown, Ottawa Brown apprenticed as a carpenter before rising up through the ranks. Today he is responsible for leading a district that does hundreds of millions of dollars of business a year. His long list of projects include: the Canadian War Museum, the Ottawa Convention Centre, the Ottawa Macdonald-Cartier International Airport Authority Passenger Terminal Building, the Kingston General Hospital and 181 Queen St. (the new home to CBC Canada).

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Q&A with Nelson River Construction’s Gord Lee The CCA Civil Infrastructure Award of Recognition is of special significance to On-Site for two reasons: 1) Our readers are very much involved in Canada’s infrastructure projects, and 2) We proudly sponsored and presented this award at the annual conference in Savannah, GA to Gord Lee, president and CEO of Nelson River Construction in Winnipeg, Man.

Corinne Lynds, editor of On-Site, Gordon Lee, president and CEO of Nelson River Construction and Gil Brulotte, chair of the CCA Civil Infrastructure Council.

Lee has been an active member in the industry for many years. He has participated on numerous association boards, councils and committees, including the Manitoba Heavy Construction Association, Western Canada Roadbuilders and Heavy Construction Association, Manitoba Construction Sector Council and the Canadian Construction Association. Lee also represents the Heavy Construction Industry on the Construction Industry Wages Act Review Panel. He is a strong believer in continuing education and striving for excellence in the workplace, as is evidenced not only by his Gold Seal Certification, but also by his role as Chair on the Manitoba Heavy Construction Association Education, Training & Gold Seal Committee, which he has resumed for his second term.

Q: A:

On-Site: What is the significance of this award?

Lee: From my perspective the award is special in that it is the only one of its kind at a national or provincial level that gives industry the opportunity to recognize individuals who have gone the extra distance in giving back to industry unselfishly with their time, effort and advice in the hope that it will bring about improvements for all stakeholders.

Q: A:

On-Site: How does it feel to be recognized with this distinction?

Q: A:

On-Site: What does winning an award like this mean for your business?

Q: A:

On-Site: Why do you believe continuing education is so important to the construction industry?

Lee: Being recognized for one’s efforts is always a meaningful and rewarding experience. To be recognized nationally, however, is simply overwhelming. Admittedly, I’m a little uncomfortable with the company of people I’m being compared to, in terms of the predecessors of this award. The prior recipients represent some very talented people. When I think about all the key players in our industry that I have met or worked with over the years and consider what they’ve accomplished, it’s hard for me to believe that I measure up… it still feels a bit surreal.

Lee: I think the award is great for our business. To me it speaks volumes about the values the company holds in allowing its people to volunteer and contribute their time and efforts to making the community they work and live in a better place to be. NRC has been extremely supportive of my industry involvement over the last 13 years. I have spent numerous hours away from the business serving as a board member and later as Chair... Our company has a strong history of contributions to industry. Frank Fowler, a second-generation partner and son of one of the founding partners of the company, was a recipient of the CCA’s Robert Stollery Award in 1996. His contribution to industry and to the society of professional engineers specifically was enormous. A third generation partner, Chuck Lee, my father, was a significant contributor to industry, his profession and the community in which I was raised. Chuck was also a Chair of the MHCA as was Frank Fowler. For me, the award represents our companies continued commitment to making the community in which we live, work and play in a better place to be.

Lee: We can’t grow our industry or our businesses without first growing our knowledge. Continuing education is a fundamental requirement for surviving in an ever-changing universe of technologies, methodologies, rules, regulations, customer and employee expectations, market fluctuations and so forth. We need to continually retool our knowledge base and our skills in order to adapt and keep pace with the multitude of changes occurring in the work environment.

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PICKUP TRUCK REPORT

Pickup Truck REPORT BY BILL ROEBUCK

H

ave you noticed that pickup truck advertising has become as competitive and aggressive as the market itself? Television, online and print ads boast class-leading horsepower, highest towing capacity, best longevity, biggest payload and top reliability. Who’s right? If you watched this year’s Superbowl, you might have seen an example of this boasting, in an ad featuring a Chevrolet Silverado pickup. It showed the truck navigating the devastation and destruction predicted to occur this year by the Mayan calendar. A group of friends, who are Silverado owners, make their way to a designated meeting spot but notice one of their buddies is missing. According to the script, the missing friend drives another manufacturer’s truck and doesn’t appear to have made it to the meeting point. If you narrow down the specs to the nitty-gritty of specific models and configurations, you will probably find each of the major manufacturers—Ford, General Motors, Nissan, Ram Truck and Toyota—can point to a category where one of its models is a winner. The fact is, none of this really matters because you likely want a truck that simply meets the specific needs of your work. That means payload may be way more important to you than

Innovations let the latest trucks do more

cargo capacity. Torque may outpoint horsepower. Top speed may be meaningless if all your jobs are in urban locations (that’s where things like turning circles and line of sight are more important than pure grunt). This report highlights what’s new in 2012 full-size pickups from the top five manufacturers (that’s six nameplates, since GM has two). Keep in mind, when it’s time to buy, you’ll probably want to visit a local dealership that has a truck specialist on staff. Pickups are among the most complex and challenging vehicles to specify because of the vast range of body sizes, options, transmissions, cab and bed capacities and configurations that are available. Key decisions will have to be made about specs such as seating capacity (do you need room for just the driver or a whole crew?), cargo capacity (short or long cargo bed?), payload (just tools or some heavy equipment?), towing capacity (are you hauling construction debris to a dumpsite?), power (torque vs. speed), 2WD vs. 4WD (paved roads or mucky jobsites?). Once you’ve found a truck that can handle your workload, you’ll also want to review its standard safety equipment and overall safety ratings, along with fuel economy. Here’s our overview, with manufacturers listed in alphabetical order.

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FORDI For 2012, the Ford F-150 has a new FX appearance package with fancy flat-black accents, and several new technologies and driveline upgrades in this and other models. They include the addition of hill start assist, a new automatic 4x4 system for the Lariat trim

24,500 lb. with a fifth-wheel hitch. That’s due to a beefed-up frame and hitch. Its heavy-duty 6.7-litre Power Stroke V8 diesel engine produces 400 hp and 800 lb.-ft. of torque. This engine delivers as much as 20 per cent better fuel economy than the 6.4-litre it replaced. The Super Duty’s standard 6.2-litre V8 gas engine has 15 per cent better fuel economy compared with the previous engine and produces 405 lb.-ft. of torque and 385 hp. It is capable of running on E85 ethanol. New for 2012 is a compressed natural gas/propane prep engine option.

GENERAL MOTORSI

2012 Ford Super Duty.

level and above, and greatly expanded availability of electronic locking rear axles on 3.5-litre and 5.0-litre engines. The F-150 also gets upgrades to the drivetrain. These include replacing last year’s electronic shift-on-the-fly with a two-speed automatic 4x4 system for Lariat, King Ranch and Platinum trim levels. The system also offers a 4x4 auto mode. If the truck senses a loss of traction, it immediately transfers torque to the front wheels. Hill start assist is a new addition that helps keep the truck from rolling backward at a stop, making it easier to pull away when on a slope or hill, especially when towing. An optional electronic locking rear axle replaces most of the limited-slip offerings on the 3.5-litre EcoBoost and 5.0-litre engines. It is now available in a range of axle ratios, and is also offered on 4x2 models. Additional updates include a 163-in. wheelbase option on the XL and XLT light-duty SuperCabs, and a heavy-duty-payload crewcab with a 157-in. wheelbase option on the XL, XLT and Lariat models. Ford’s entire full-size pickup truck line now has six-speed automatic transmissions as standard. Engine choices include a 3.7-litre V6 producing 302 hp and 278 lb.-ft. of torque. Its trailer towing capacity is 6,100 lb. There’s also a 5.0-litre V8 with 360 hp and 380 lb.-ft. of torque and a trailer towing capacity of 10,000 lb. A 6.2-litre V8 offers 411 hp and 434 lb.-ft. of torque, and tows 11,300 lb. For the fuel-frugal driver, there’s a 3.5-litre EcoBoost V6 producing 365 hp and 420 lb.-ft. of torque, with 11,300 lb. of trailer towing capacity. Need to tow more weight? Ford’s 2012 F-Series Super Duty tow rating is 17,500 lb. with a conventional bumper hitch, and

Two makes from General Motors, the Chevrolet Silverado and the GMC Sierra, make up its line of full-size pickup trucks. Both are nearly identical mechanically, with trim levels and options varying slightly between the two, so we’ve focused on just the GMC versions here. The 2012 GMC Sierra 1500 lineup is wide-ranging, offering everything from job-ready Work Truck models to a luxurious Sierra Denali. The full line has six-speed automatic transmissions. General Motors also boasts the only hybrid pickup on the market, which is rated at 8.4 L/100 km on the highway, yet it still offers a 6,100-lb. trailering capacity.

2012 GMC Sierra HD.

The Sierra 1500 is available in several trim packages in crew cab and extended cab configurations, along with 2WD and 4WD setups. The range of body styles and configurations includes three cab styles—regular, extended and crew cab; three cargo box lengths—5 ft. 8 in. (short), 6 ft. 6 in. (standard) and 8 ft. (long); and five trim levels—Work Truck, SL, SLE, XFE and SLT, all available in 2WD and 4WD (except the XFE). The Sierra XFE incorporates unique aerodynamic enhancements, a 5.3-litre V8 engine and other details to deliver an estimated fuel consumption rating of 9.1 L/100 km on the highway. New and revised features from GMC for 2012 include a chrome, three-bar grille on SLE and SLT models, electronic trailer

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PICKUP TRUCK REPORT

sway control and hill start assist features, and a new exterior colour—Quicksilver Metallic. Also, a number of popular features offered on the Work Truck trim level are now standard, including cruise control and a spare tire lock. Work Truck and SLE trim levels feature larger controls and door handles than other models. They are easier to use with gloves. A stadium-style rear seat with a 60/40-split design and folding centre armrest is standard on crew cab models and available on extended cab models. It can be easily folded to provide an uninterrupted load floor. Alternatively, either section of the split seat can be stowed independently, allowing room for both cargo and a rear-seat passenger. Several different engines can be ordered to power Sierra models, including three FlexFuel engines with the choice using E85 ethanol, gasoline or a combination of both. The engines include a 4.3-litre V6 rated at 195 hp and 260 lb.-ft. of torque; a 4.8-litre V8, E85-capable, rated at 302 hp and 305 lb.-ft. of torque; a 5.3-litre FlexFuel V8, E85-capable, rated at 315 hp and 335 lb.-ft. of torque; and a 6.2-litre V8 with E85 FlexFuel capability, rated at 403 hp and 417 lb.-ft. of torque. The pickup also is offered with five suspension systems, each tailored to suit specific driving requirements, from a smooth ride to enhanced off-road capability to maximum towing capacity. Also available is the Heavy Duty lineup. There are 10 Sierra 2500HD models, eight 3500HD models and six Sierra Denali HD models. Among them are regular cab, extended cab and crew cab body styles offered in 2WD and 4WD, as well as single-and dualrear-wheel configurations—all available with either a standard gas V8 or a 6.6-litre turbo-diesel engine. In the HD lineup, hitchtrailering capacity ranges up to 18,000 lb., with towing capability up to 23,000 lb. Maximum payload is up to 7,215 lb.

2011 Nissan Titan.

contrasting stitching, a lockable bedside storage compartment, white-faced gauges, fog lights, captain’s chairs and more. Two new colours are offered for 2012 — Airstream and Hematite Grey. Configuring the powertrain is much easier with Nissan than models from the Detroit Three. The engine is a 5.6-litre DOHC V8 rated at 317 hp and 385 lb.-ft. of torque, mated to a standard five-speed automatic transmission that has tow/haul modes. The maximum towing capacity of up to 9,500 lb. for the king cab versions and 9,400 lb. for the crew cab. A lockable, climate-resistant bedside storage compartment located immediately behind the driver’s side rear wheelwell has a two-position adjustable tray. Inside are standard flip-up 60/40 rear seat cushions for added cargo space. The rear floor was designed to be nearly flat. The Crew Cab models feature a standard power down/up rear bed access cab window.

RAM TRUCKI NISSANI The 2012 Nissan Titan is offered in king cab and crew cab body styles with a choice of 4x4 and 4x2 drive configurations, along with two wheelbases (139.8 in. and 159.5 in.) and two bed lengths. Crew cab Titans are offered as a standard wheelbase model, with a 5-ft.-6 in. bed, while king cabs feature a 6-ft.-6 in. bed. The Titan bed also includes four standard stake pockets and carries 4x8-ft. plywood sheets between the wheel housings. There are four models in the Titan lineup—S, SV, PRO-4X and SL. They are available in king cab and crew cab body configurations with a choice of 2WD and 4WD in the S and SV king cab models. All others are available in 4WD only. On its 4WD models, Titan has an advanced shift-on-the-fly 4WD system with 2WD/4HI/4LO modes. For 2012, options include 20-in. SL aluminum-alloy wheels in dark hyper silver finish, a dark grille treatment, body-coloured front and rear bumpers, black step rails, PRO-4X seats with silver

Chrysler’s 2012 Ram 1500 lineup includes a new Tradesman HD model with an 11,500-lb. maximum trailer rating, 3,100-lb. payload and 17,500-lb. gross combined weight rating. The 2012 Ram 1500 comes in regular cab, quad cab and crew cab models, with three box lengths: 8-ft. (regular cab), 6-ft.4-in. (regular cab and quad cab), and 5-ft.-7-in. (Ram 1500 crew cab). In all, there are 11 Ram 1500 models, including Tradesman, Express, Outdoorsman, ST, SLT, Sport, Sport R/T, Lone Star, Big Horn, Laramie and Laramie Longhorn. The Ram Express line expands this year to include crew cab and quad cab versions. The line’s RamBox cargo management system, which includes weatherproof, lockable, illuminated and drainable storage bins built into bed rails, is now available for quad and crew cab models, and the short bed regular cab. Regarding the powertrain, there’s a new six-speed automatic transmission calibration with Electronic Range Select. Other additions for 2012 include a new steering wheel with

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PICKUP TRUCK REPORT

2012 RAM.

cruise control buttons, and six new colours. Inside, there are ‘store in the floor’ storage bins with removable liners. The Ram 1500 provides more than 30 safety features, including hill start assist and trailer sway control. This year, the truck’s 5.7-litre HEMI V8 gets more horsepower (390 hp) and torque (407 lb.-ft.). Also available is a flex-fuelcapable 4.7-litre V8 providing 310 hp and 330 lb.-ft. of torque, and a 3.7-litre V6 generating 215 hp and 235 lb.-ft. of torque. The 2012 Ram 2500/3500 Heavy Duty lineup gets a new six-speed automatic transmission that can be mated to a choice of diesel- and gasoline-fuelled powerplants. The HD models are available in eight trim levels. Ram Truck and Cummins have developed an enhanced High Output Turbo Diesel offering 800 lb.-ft. of torque. Additionally, there is a Max Tow option for the Ram 3500 with a 22,750-lb. maximum trailer weight and up to 30,000 lb. gross combined weight rating. The 2012 Ram 2500 and 3500 Mega Cab models offer bestin-class interior room in the segment, including the largest, longest cab (143.2 cu. ft., 111.1 in. long), the largest interior cargo volume (72.2 cu. ft.), the largest cargo volume behind the rear seat (7.7 cu. ft.) and the largest flat-floor load area (16.8 sq. ft.).

TOYOTAI The Toyota Tundra full-size pickup offers simplified option package selections for 2012, as well as various enhancements for its models. For example, the Limited grade and available TRD Rock Warrior package both include a standard back-up camera for 2012. The Tundra offers three engine choices, a 270-hp 4.0-litre V6, a 310-hp 4.6-litre V8 and a 5.7-litre V8 with 381 hp. For 2012, all Tundras have as standard: a heavy-duty battery, a heavy-duty starter, windshield wiper de-icer and heated, power, outside mirrors, along with new styled steel wheels. The 2012 Tundra is offered in two grades (Tundra and Limited), three cab styles (regular, double cab and CrewMax), three wheelbase lengths (126.8, 145.7 and 164.6 in) and three bed

lengths (78.7, 97.6 and for CrewMax only, 66.7-in.). Tundra grade double cab and CrewMax models now offer four streamlined options: Convenience Package, Convenience Package with Bucket Seats, Upgrade Package and SR5 Package. Regular cab offers four redesigned packages: SR5 Package, SR5 Upgrade Package, TRD Off-Road Package, and Colour-Keyed Bumper Package. A Tundra Work Truck Package is aimed at those who need a no-frills truck. It features heavy-duty, vinyl-trimmed seating surfaces and heavy-duty all-weather flooring; it is available in regular and double cab configurations. At the opposite end of the spectrum, the Platinum Package, available for the Tundra CrewMax Limited model, offers numerous luxury features. The 4.0-litre V6 engine that is standard in Tundra regular and double cab models produces 270 hp and 278 lb.-ft. of torque. It is paired with a five-speed automatic transmission with uphill/

Toyota Tundra CrewMax Platinum.

downhill shift logic. An available 4.6-litre V8 offers 310 hp and 327 lb.-ft. of torque, and a 5.7-litre V8 produces 381 hp and 401 lb.-ft. of torque. An available tow package on all V8 models helps increase towing capacity up to 10,400 lb. Both V8 engines are teamed with a six-speed automatic transmission. A warming unit quickly brings the transmission fluid up to operating temperature to optimize cold-weather performance. Inside, large door handles and easy-to-turn control knobs can be operated even while wearing work gloves. The centre console in bucket-seat models can hold a laptop computer or hanging file folder storage. A built-in toolbox behind the rear seat in all models provides storage for the jack, handle and lug wrench. As you can see, options abound when it comes to choosing the right pickup for your needs.

Bill Roebuck is a voting member of the Automobile Journalists Association of Canada (AJAC).

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COVER STORY

Is it time to

go lean?

Trends drive contractors toward lean construction 24 / April 2012

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by Jim Barnes

onstruction Productivity is at a 15-Year Low: Why? is the title of a recent publication by Matt Stevens, Stevens Construction Institute Inc. Despite advances in methods, technology and human factors, U.S. construction productivity has declined since 2005 to less than it was in 1997, he said. The situation in Canada is not much different, recording weak or negative growth over the past two decades, depending on the source of the data. Stevens offers a number of answers to his question, including “significant misalignment” between the interests of owners and contractors and lack of an iterative method that enables the parties in a project to ensure that complete and constructible plans are created. Sagging productivity was also a concern for post-WWII Japanese automakers. They responded with a series of initiatives, one being the famous Toyota Production System, to rationalize manufacturing. The North American auto industry was very skeptical of the TPS at first, but ultimately was driven to adopt lean practices by competitive pressure. Now, it’s the construction industry’s turn.

Gaining traction It’s not a new concept. The Lean Construction Institute, a leading North American consultant and repository of data, was founded 25 years ago, notes Dick Bayer, LCI’s interim director. Buy-in was slow at first. “Five years ago, [LCI] might have had two chapters, or communities of practice. Now we have 26 in the U.S., and we’re growing all the time,” he says. The group has also received five inquiries regarding possible chapters in Canada.

“You can use lean construction tools like the Last Planner System on any project—no matter how crazy the contract might be.” There are two key elements to lean construction, according to Bayer. One is a set of tools aimed at eliminating waste and increasing value. The other is integrated project delivery, which drives collaboration and transparency into the design and construction process. “Never confuse those two,” says Bayer. “You can use lean construction tools like the Last Planner System on any project—no matter how crazy the contract might be.” (The Last Planner System is a production-planning system developed by LCI to facilitate predictable workflow and rapid learning in programming, design, construction and commissioning of projects.) “With integrated project delivery, the designer, the contractor and the major subs are all involved, so you are both designing the building and designing how the building will be built,” says Bayer.

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COVER STORY

Take HVAC as an example. If the mechanical contractor comes for a number of reasons—one of them, the absence of really tough into the design process early and discusses the system he is prooffshore competition,” says Dennis. posing to use, the building’s design and schedule can be adapted A Toyota Canada veteran, Dennis asserts that lean cannot be imif necessary to minimize risk. plemented with a cookie-cutter approach. “It’s a common failing. “In an integrated project process, that kind of risk is everybody’s People come out of Toyota and think that they can just spout off what problem. You’re managing a single contingency, and you can go they learned there. What worked so well for them at Toyota Canada and find a solution,” says Bayer. It is the difference between insuroften causes them to fail disastrously in other types of businesses.” ing against risk and eliminating risk. “We don’t believe that buying You have to understand each business thoroughly. “I can’t apply and selling risk A) ever works, B) ever works, or C), ever works,” the principles without translating them. For example, what does says Bayer. ‘standardized work’ mean in the new context?” asks Dennis. Bayer has done several presentations on lean in Canada and feels The objection that construction is too different from manufacthat Canadian contractors have something of an advantage. “In turing for lean to work is predictable, he says. “That’s exactly the general… levels of collaboration seem to be higher,” says Bayer. same kind of pushback we saw in healthcare, financial services, “Canadian contractors often work with the same suppliers and the same subs over multiple proj“In construction you usually talk about a trade-off. You have ects. That makes ideas like lean time, cost and quality. The common assumption is that you can construction easier to bring in. There’s a baseline of trust in the only have two out of the three. With lean, we can have quality, beginning.” savings, and do it faster. There is no trade-off,” says Bayer. Changes in methods are needed. “In a typical Gantt schedule, you look at the work you think universities, the process industries... And the lean business system you’re going to do at the start of the month. Then, at the end of the has been applied very successfully in all those areas.” month, you look at the work that you actually did. Then, you start “Lean is fundamentally about being awake. All the other elescurrying around so you can pretend to the owner that everything ments are just little flags that alert you to problems. Project planis OK,” says Bayer. ning by itself will not do that. You have this massive PERT (Program “With the Last Planner System, the trade contractors are called Evaluation and Review Technique) chart and other data, and nobody upon to plan their work with each other, rather than with the supercan really understand it and nobody ever checks it. You tell yourself intendent. Where the superintendent used to be basically a baby‘It’s in the computer, so everything’s OK.’” sitter or a traffic cop, he can actually enhance the ability of the Lean is not a set of tools, according to Dennis. “It is a way of trades to do their work,” says Bayer. thinking that is supplemented by tools.” Just-in-Time inventory practices are also part of lean construc“Step one is seeing the waste,” he says. “If you think it’s normal tion. The objective is to avoid both shortages and having unused to have a lead time of six months to build a house, or three or four inventories of materials sitting around a jobsite. These inventories years to build a commercial building, then you can’t see the waste. can be obstructions and safety hazards, and might be damaged. But once you see it, you can’t believe it.” Of the seven forms of “In construction you usually talk about a trade-off. You have waste specified in the TPS, “We have found that delay waste and time, cost and quality. The common assumption is that you can inventory waste are the biggest ones in construction.” only have two out of the three. With lean, we can have quality, In roadbuilding, if you are laying mile after mile of asphalt day savings, and do it faster. There is no trade-off,” says Bayer. after day, you need a management system based on routines— 100 YEarS oF WaStE which can be considered standardized work. “When you are buildPascal Dennis, president of consulting firm Lean Pathways Inc. in ing a road, moving down a highway, you need good visual manToronto, has worked with a variety of industries in Canada and the agement so everyone knows where everything is, what the quality U.S. on implementing lean—including residential and commercial standards are and what today’s work is and are we ahead or bebuilders in the U.S. hind? Working without that information is like watching a hockey One American construction executive told him that the homegame without a scoreboard,” says Dennis. building industry is where the auto industry was 100 years ago. A common misconception is that lean is all about cost cutting. “He said we have been able to get away with this amount of waste “It is not just about reducing waste. That is a part of it, but it is not

26 / April 2012

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Scan this QR code to visit the official Cat CT660 website. ©2012 Caterpillar | All Rights Reserved CAT, CATERPILLAR, their respective logos, “Caterpillar Yellow” and the “Power Edge” trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.

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COVER STORY

a scavenger hunt for waste. Fundamentally, it’s a growth system. By reducing waste and variation, by making problems visible, by solving problems, you release a tremendous amount of capacity. The leader’s job is to go after more volume,” says Dennis. It is a long-term commitment. “You have to build a system, a ‘machine’ that will prosper in all kinds of economies. Anybody can make money when things are good. But can you make money when things are bad? Many builders fail that test,” says Dennis.

oPErationS There are many challenges in operationalizing any new technology, notes Thomas Strong, director of Virtual Construction at EllisDon. “That’s because construction companies tend to operate in a decentralized way. Each jobsite tends to operate almost as a separate business.” BIM has been an important focus for Strong, who considers the company still to be “immature” in lean construction. “There are a lot of people in the company exploring [lean]. We have pilot projects on the go and we are learning, but we have not operationalized it yet the way we have with BIM and virtual construction.” “The elements of lean were already in the company,” says Strong. “Now, scheduling has to become a process rather than a skill and we have to operationalize it in such a way that it works well on a jobsite level.” One of the company’s early initiatives in lean construction is a data centre currently under construction, says Wayne Leduc, general superintendent, EllisDon. “One of the things we did right on this project was including the requirement for BIM and the Last Planner right in the contract. The subs came on board understanding they would have to go through a learning curve on both fronts,” says Leduc. “I don’t know whether everybody really understands the full concept [of lean],” he says. “We keep the Last Planner board up to date and go over the milestones on a periodic basis. We also

have a laptop dedicated to a BIM model, and we bring that up as required,” says Leduc. “In the very beginning, there were some wide eyes… but the subs have seen the benefit and they are there every day, participating and cooperating,” says Leduc. Reducing waste led to schedule economies. “Instead of having to chase people around the building and say you have to move this or that, things just flow a lot better,” notes Leduc. For example, approximately $35 million worth of electrical equipment was delivered to the site between early December and late March, according to Leduc. There is one loading dock for all the supplies. At the daily planner meeting, one board is dedicated to deliveries and how they affect the corridors. “People won’t be trying to work in a certain corridor when they know we are going to be bringing equipment up that corridor all day long. That is one of the bigger benefits, at this stage of the job,” says Leduc. Peer pressure has become a factor in the meetings. “You can’t keep going to the meetings saying you couldn’t get this done or that done,” says Leduc. Communications has improved, too; new information gets down to workers in a more timely way. “It’s in their own economic interests,” says Leduc. “They understand that when there are delays in the field, everyone is impacted. If everyone works together and the job flows smoothly, then there are fewer disputes going on.” The pioneers are at work on lean now, and the early indications are promising. “Lean in the construction industry is in its infancy. The world will beat a path to the door of the contractor who can devise a lean construction system that can translate and integrate these ideas. The opportunities are enormous, because the amount of waste is enormous,” concludes Dennis. Jim Barnes is On-Site’s contributing editor. Send comments to editor@on-sitemag.com

April 2009

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BITE DOWN LIKE A

PIT BULL...

NOT A CHIHUAHUA.

Bobcat® grapples have more than twice the power of other brands to bite harder and hold your load better. The rest just nip like the toy breeds they are. We have the videos to prove it. THE GRAPPLES FACE OFF. Visit Bobcat.com/grapple1 or scan the code to watch our head-to-head grapple challenge. 1.877.505.3580 Bobcat® and the Bobcat logo are registered trademarks of Bobcat Company in the United States and various other countries. ©2012 Bobcat Company. All Rights Reserved. | 1163C-0

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COMPACT EQUIPMENT

Room to

move T

By David Godkin

wo solids cannot occupy the same space. For scientists it’s a first principle of physics. For backhoe operators it’s a practical reality they face every day—like being confronted with a fourfoot gate and the machine you’ve sworn by on large projects is just too wide for this one. A second fact of life: sometimes to get the job done you have to think small. In this issue, five compact equipment manufacturers tell us how they’re helping operators work in small spaces and an operator tells us what they could be doing a whole lot better. page 32

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COMPACT EQUIPMENT

Give `em room to move… Equipment operators make two assumptions before entering a work site. First, that the general contractor has a precise understanding of the dimensions of the site. Second, that the necessary prep work has been done so that surface conditions aren’t an impediment to getting the work done. Beyond these factors, says Brian Boekman, JLG’s global director, product management of telehandlers, “you need to think about how much room you’re going to have to do the work.” Whether it’s a tall building on a small urban footprint or a sprawling subdivision split into tiny lots with 10-ft. laneways, you need a machine that can enter and exit a jobsite quickly and work in tight quarters. “The nice thing about these compact units is that they can work in very confined areas. And that can be anything from infrastructure in an urban area you have to work around to parking garage construction where you have limited overhead height available to you.” Rob Barron knows first-hand how important room to move is. The machine operator for Active Bobcat & Trucking in Victoria, B.C. runs a 39-in. wide 323 Bobcat mini excavator with hydraulic tracks that extend 48 in. Even by compact equipment standards this machine is tiny, but without out it Barron says he’d have to pull up footing and fence posts to gain access to the subdivision projects he works on. “Or we’d have to pop the whole

At the end of the day we need to make sure the operator is safe, as well as the machine. fence panel to get in. Instead, we can just open the gate and drive right through. It’s very handy.” Mini-excavators, compact wheel and track loaders, mini-backhoes, telehandlers, compact rollers and skid steers: any one or all of these compact units can be found on any given jobsite. Their productivity is a function of load capacity, height and reach, but most of all their ability to get into areas larger equipment can’t. Here, two things ensure a compact unit’s maximum mobility: its turning radius and tail swing. “You want the smallest turning radius possible,” says brand marketing manager for New Holland Construction Curtis Goettel. “The ability to zero turn is obviously a

ABOVE: Terex TC37 Mini Excavator LEFT: Genie GS-3384 RT Rough Terrain Scissor Lift.

major advantage for skid steers and compact loaders, for example.” Compact wheel loaders are particularly popular, Goetell adds, because of their ability to work in tight quarters, whether it’s loading a truck or operating with forks or buckets. New Holland boasts a telehandler with a turning radius of 126 in. The turning radius of the Genie telehandler is a little larger at 132 in., but as Genie’s senior product manager Scott Krieger explains, for safety reasons, a machine’s turning radius will be limited by its wheelbase width and the steer angle of the axle. “You can make the sharpest turning radius machine you want to make but it may fall over. So it’s a balancing act. At the end of the day we need to make sure the operator is safe, as well as the machine.” Tail swing—the distance a machine swings out beyond the width of its tracks is another consideration. New Holland was one of the first to offer an entire line of mini-excavators that rotate at the base or house while remaining within the width of its tracks. That way, “if you can get up right alongside of a wall you can rotate the house all the way around without hitting the wall,” says

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COMPACT EQUIPMENT

Goettel. Zero tail swing is also helpful during road construction. “Where you have one lane shut the operator knows he can swing the machine around without swinging the tail out into traffic.”

Give `em room on the inside, too… Dave Rowlandson stands six-feet high in his socks and weighs about 240 lb. So as important as it is for a machine to get on and off a jobsite effortlessly, it’s just as important that the owner of Active Bobcat & Trucking can get in and out of the machine quickly and easily. Even more critical still is how he feels when he gets there. “The most important thing is that when I’m sitting in that machine and I’m grabbing the controls, does everything feel comfortable? Does it feel right or do I feel cramped? And when I look outside the cab do I see everything I should be able to see?” Comfort and productivity go hand in hand says Rowlandson, who won’t even look at a machine without a suspension seat and lumbar adjustment. “Running a machine for eight hours a day without a suspension seat [means] your back will be sore at the end of the day. You’re not running these machines over flat ground after

all. You’re up over rocks and piled gravel; you’re always climbing things.” It’s for this reason that his principal operator Rob Barron likes the shape and lumbar support of the Cat 304C. His complaint about both the Cat and Bobcat mini excavators: the air suspensions are too rigid.

Running a machine for eight hours a day without a suspension seat [means] your back will be sore at the end of the day. “Having a seat with some actual movement forward and back would help, too. Because when you’re moving the machine it just shakes, especially on pavement.” Terex’s Jamie Wright sympathizes with Barron’s plight. One way of making the operator’s job easier, says the product manager for Terex Construction Americas, are joystick controls “allowing for quick, agile manipulation of the machine’s bucket, loader and

ANY JOB. ANY C pull quote pull quote pull quote pull quote pull quote pull quote pull quote pull pull pull quote pull.

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For product literature and full specifications, please visit www.newholland.com

34 / April 2012

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SKI


Bobcat S70 Skid-Steer Loader.

travel functions.” Ensuring machine stability, however, requires attention to several components. “Everything from the hydraulics to the balanced machine weight ensures smooth operation, reduced vibrations and exceptional stability, which contributes to improved operator comfort.” In recent years, manufacturers have paid particular attention to reducing falls entering and exiting the cab. The doors on modern compact equipment are wider, cabs are lower, machines are equipped with more grips and hand holds than ever before, says Greg Rostberg, marketing manager for Bobcat. Machine designers are also shifting towards creating more sealed and pressurized cabs that completely insulate the operator. “He’s in a quieter machine; he can have the benefits of heating and air conditioning. And his productivity will literally go up because he can work in all kinds of outside conditions and not be affected inside the cab.” Goetlle agrees. Dust, exhaust, even noise are nearly a thing of the past inside a sealed, pressurized cab.

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COMPACT EQUIPMENT

“Our pressurized cab versus our previous cab is multiple decibels quieter. That’s important because at the end of the day a comfortable operator stays in the cab longer and he works longer.” For his part, Rob Barron has mixed emotions about sealed cabs. They’re great in summer when it’s really dusty, he acknowledges, but an open cab allows him to see more and hear more. “A sealed cab is like having ear muffs on and really dirty safety glasses while trying to pay attention to what’s going on around you. I’m responsible for the safety of a lot of people on site so my senses have to be 100 per cent.”

An oPerAtor sPeAKs oUt Can compact equipment designers do better? Barron is asked. Sure. For one thing, most compact excavators only articulate 45 degrees one way and about 88 to 90 degrees the other way, he says. This makes it difficult working around corners. “You start to move your boom before you start to move the machine. And if you swing the machine instead of just articulating the boom, then the back end could hit a wall or building on each side of you.” The answer, says Barron is to design a machine with the ability to articulate the boom approaching 90 degrees in both directions. Inside the cab, meantime, Barron would like to see a cross bar installed. Yes, operators are supposed to wear their safety belts

Dust, exhaust, even noise are nearly a thing of the past inside a sealed, pressurized cab. “but guys sometimes forget when they’re unloading” or are thrown forward when the machine suddenly dips. A cross bar would provide added protection. “Our enclosed cab isn’t too bad because you’ve got lots of area to put your hands up to brace yourself. But you feel a lot more exposed in the open cabs.” He’d also like to see more room for his shins in the Bobcat, something that’s not an issue in the roomier Cat 304C. One area all manufacturers could improve on, says Barron, are

Kubota KC70 Rubber Track Carrier

simple surfaces. Every machine he’s encountered has far too many ledges and lips where dirt and mud can accumulate. “There are so many of these ledges that they put on the blade at the front and underneath it’s ridiculous. You can’t possibly clean your machine.” Judging by the new machines coming out designers don’t seem to have heard the message, Barron adds. For every new machine that comes out designers have designed even more ledges. “It seems like they’ve never actually seen one that’s dirty.” That points to a larger problem, says Barron—designers working one step removed from machine operators. “It sometimes seems that whoever designs this stuff has never run one before.” He’d like to see those who design and build construction equipment spend more time out in the field talking to operators, observing the challenges they face—and yes, occasionally getting behind the wheel or sitting at the controls.

36 / april 2012

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RECYCLING

Taking the LEED in landfill diversion

A

By andrew Snook

s the pressure to reduce waste on the jobsite steadily increases, contractors are turning to sorting and recycling facilities to achieve more sustainable building practices, and help building owners collect LEED points. Also known as construction waste management credits, these LEED points are based on a number of criteria. Jenie Yao, LEED technical coordinator for the Canada Green Building Council (CaGBC) in Vancouver, B.C., says the CaGBC looks at the project’s recycling rates, salvage rates and waybills and performs calculations based on the amount of waste diverted from landfills compared to the amount of waste generated on-site. She says project teams would get all the waybills and information from the construction and demolition (C+D) facilities and keep track of it using LEED letter templates where all the information is tabulated. “What we usually like to get are verification records—like waste haul receipts, waste management reports and spreadsheets,” Yao explains. For new construction, companies can obtain one point for diverting 50 per cent of its waste from landfills and two points for a 75 per cent waste diversion rate. Companies can sometimes earn a third LEED point if they have a waste diversion rate of 95 per cent or higher for exemplary performance in the innovation and design category. “With the attention on waste you just can’t send it to a hole in the ground anymore,” says Shawn Vanderheyden, manager of

sustainable construction at the PCL Family of Companies and chair of the Greater Toronto Chapter of Canada Green Building Council (CaGBC). He says hitting a 95 per cent waste diversion rate is within the realm of possibility. “These 50 and 75 per cent rates in most markets are quite readily achievable and through the best practices we perform… we’re upwards of 85 per cent and getting close to 90 per cent, and that’s without introducing major initiatives.” PCL have worked on a wide variety of LEED projects across Canada; including the Durham Courthouse in Oshawa, Ont.—the first LEED Gold certified courthouse in Ontario, the LEED Platinum-certified Vancouver Convention Centre in Vancouver, B.C. and the Manitoba Hydro office building in downtown Winnipeg, Man., which is in the process of obtaining LEED Platinum certification. “[LEED] gives us the exposure to show our expertise. It puts a measure of quality on the projects we deliver in the marketplace,” says Vanderheyden. Yao says the rating system for new construction has gone through three different iterations, so there’s a little bit of difference in the requirements for obtaining LEED points, depending on when a project was registered. For example, in the NC rating system Version 1.0 that came out in 2004, land-clearing debris could be diverted, but in the LEED Canada NC 2009 rating system, land-clearing debris and alternate daily cover cannot contribute to the diversion rate. Vanderheyden recommends doing controlled waste sorting onsite, but says jobsites are often restricted due to area constraints,

38 / April 2012

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FACT!

Onserisciet est ant, sinum quossumque veriat. Onse derum eniet faccum idit aut et abo. Ut ra volorrum volorru ndempor

(Top Left) Crushed brick and stone are converted into road filler material at the Springhill Landfill Site’s C+D recycling facility in Ottawa, Ont. (Top RIGHT) Last year, more than 33,000 tonnes of construction and demolition waste was processed at the Springhill site.

so waste from projects often ends up in mixed bins and PCL then relies on C+D sorting facilities to ensure they obtain high diversion rates. “Certainly in Ontario and in the larger markets, the main categories of waste are readily recyclable,” he says. “Concrete, steel, wood, drywall and cardboard, those are the five main waste-producing volumes from projects and those markets are well established.”

“Certainly in Ontario and in the larger markets, the main categories of waste are readily recyclable.” The Springhill Landfill Site owned by the City of Ottawa and operated by Tomlinson Environmental Services (TES), is one of the facilities that offer those services. The landfill is located in the former Township of Osgoode, Ont. and is home to a C+D material recycling facility. Approximately 90 per cent of the waste is comprised of C+D waste. The facility uses multiple sorting stations where it processes and recovers a variety of waste materials, including cardboard, whitewood, mixed wood, drywall, steel, brick, stone, dirt and topsoil. The whitewood is converted into bedding materials for animals

Companies can obtain one LEED point for a waste diversion rate of 50 per cent or two LEED points for 75 per cent.

and mulch, the mixed wood is converted into boiler fuel, the cardboard is collected and shipped to a recycling facility, drywall is sent to a recovery facility, steel is shipped to various steel companies and the crushed brick and stone are converted into road building material. The dirt and topsoil recovered is used on the landfill. “You need six inches a day on the landfill,” explains Jason Wagner, site foreman at Springhill Landfill Site and C&D Facility. “We don’t use any other resources, we generate our own.” Jason says the site has been able to divert between 61 and 81 per cent of all waste coming into the facility annually. Last year, the C+D plant processed 33,846 tonnes of construction and demolition waste and was able to recycle 22,505 tonnes, approximately 66 per cent of the waste. Jason says wood has always been the site’s most common product, but demand for it being processed has increased in recent years. Terry Wagner, waste consultant for TES, says the diversion percentages for companies bringing in waste for LEED reporting are higher than the average diversion rate for loads coming into the landfill site. “They want to hit 75 per cent on the waste diversion from the sites [to obtain two LEED points] and we can accommodate that,” he explains.

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RECYCLING

Terry says visual inspections are done, the loads are broken into percentages and the numbers are inputted into reports that are sent back to the companies showing what was recycled. He says the Springhill facility is the only one that performs this service in eastern Ontario. TES is in the process of creating an App so they can send company’s their information almost immediately. Terry says they hope to have it ready to go in the next six months.

Source separating in Steeltown Another facility that performs similar operations opened up last April in Hamilton, Ont. called Countrywide Recycling Inc. This 60,000-sq. ft. indoor material recovery facility (MRF) specializes in the recycling of construction, renovation and demolition materials, and also offers LEED reporting services. This location source separates wood, cardboard, plastics, metals, drywall, fines and aggregates across three sorting lines and is certified by the Ministry of the Environment to process upwards of 800 tonnes per day. The clean wood is ground into two inches or less and is either sold to the wood pellet industry or is sold as boiler fuel/mulch. The fines can be used as alternative daily cover or roadway for landfills and the metals, plastics and cardboard (non-waxed) are sold. John Voortman, general manager of Countrywide Recycling Inc., says for LEED projects, bins come into his facility already separated at the site, but they perform a visual breakdown for demolitions that come in that require LEED reporting. “The information gets sent to engineers to fill out their paperwork for LEED certification,” explains Voortman. He says many companies are interested in the types of services his company offers, even if they aren’t trying to obtain LEED certification. “A lot of companies still want to know what the breakdown of their material is.”

(Top Left) John Voortman, general manager of Countrywide Recycling Inc. gives a tour of the 60,000-sq. ft. indoor recovery facility. (Top RIGHT) Aggregates being sorted at the Hamilton, Ont.-based facility.

In addition to a company obtaining more detailed information on its waste, it can also generate a little extra cash and save some space on the jobsite. Countrywide Recycling buys companies scrap metals—as long as they aren’t mixed with other waste—and offers a free cardboard drop-off area. Going forward, Voortman would like to see government introduce a waste-to-energy facility to further increase landfill diversion and levies on tipping rates, to make businesses like Countrywide Recycling more profitable to operate. “If the Government put a levie of say, $10 or $15 per tonne on all tonnage coming from transfer stations or to landfills, then it would make recycling more affordable and diversion would go way up,” says Voortman. “Right now, with competing with landfill prices it is difficult to recycle and make any money. Raise the cost to landfill and there will be more places like Countrywide Recycling popping up.”

WEB SOURCES Canada Green Building Council www.cagbc.org Countrywide Recycling Inc. www.countrywiderecycling.ca Springhill Landfill Site—Tomlinson Environmental Services www.tomlinsongroup.com

40 / April 2012

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Volvo CERTIFIED REFURBISHMENT GIVES NEW LIFE TO YOUR EQUIPMENT.

Let’s Work.

Refurbishment is the most cost-effective way to extend the life of your trusted machine, increase its resale value, and reduce unplanned downtime. Through the Volvo Certified New Life Program, we’ll rebuild your machine in one of our certified Refurbishment Centers, which adhere to rigorous OEM standards. Before the machine is refurbished, we’ll review the suggested repairs with you. Then, Volvo-trained technicians will install new and remanufactured components utilizing precise Volvo processes to ensure like-new quality on your refurbished machine. For more information about our refurbishment program, visit www.volvoce.com/newlife.

Volvo Construction Equipment 38-41_Recycling feature.indd 41

12-04-11 4:31 PM


RISK By David Bowcott

The changing face of project delivery

T

he Canadian Construction Association (CCA) Conference in Savannah, GA, last month, was appropriately themed “The Changing Face of Construction.” Seems a bit cliché, but never was a conference slogan so true. I was fortunate enough to sit on a panel that discussed Trends in Construction Delivery Processes, and my fellow panelists did a fine job going through various trends that are changing the traditional marketplace and forcing all contractors to rethink their move-forward strategies. Without a doubt the traditional asset procurement models are changing and there isn’t one solution; in fact, there are many. Some of the more pervasive project delivery models outside of the traditional design-bid-build include: 1) Construction Management (CM) at Risk, 2) Integrated Project Delivery (IPD) and 3) Variations of Design-Build-Finance-Operate-Maintain (often used by the public sector under the name Public-Private Partnerships, or P3s for short.) From the insurance and risk management sectors perspective, some of these new delivery models seem to be creating greater collaboration, transparency and communication amongst project stakeholders. Whether it’s paranoia forcing the collaboration as is the case with P3s, or whether it’s an honest drive to create a partnership through some of the shared risk models such as CM at risk or IPD, the models have some credibility and appear to be creating greater value for money from the owner’s perspective. As owners look to develop their assets with whole life costs more clearly in mind, these models appear to be helping deliver the value they are seeking. Whatever

the reason these models are being adopted, what’s interesting from the insurance/risk management community, is they also appear to have better loss ratios. Better planning and better collaboration seems to be breeding better loss ratios, and that is worthy of notice.

Better planning and better collaboration seems to be breeding better loss ratios...

The following is a brief rundown of some key trends that were discussed at the CCA session: • Greater collaboration—Regardless of project delivery model, project stakeholders are working more closely to allocate and manage project risk through collaboration. Greater communication and collaboration amongst design, construction, operations and finance is leading to improved risk management. • Increased transparency—there is a much greater degree of transparency in communication and contracts. Some owners publish their contracts online for transparency purposes. Transparency creates clearer understanding of responsibility. • Increased levels of counterparty risk due diligence—Stakeholders are scrutinizing potential partners more carefully. For example, more owners appear to be using Requests for Qualification in order to short list the bidders for their projects; to ensure they choose contractors capable of delivering.

• Proper risk allocation—More and more owners are looking to engage the construction community on ideal risk allocation, realizing improper risk allocation often leads to higher costs and greater likelihood of cost overrun and schedule delays. • Increased up front planning and clarity of risk responsibility—several of these models are forcing greater dialogue on project risk management prior to the contracts being executed. • Total cost of ownership view by owners (ie. P3s, lifecycle, sustainability)—sustainability is a trend within several industries and construction is no exception. Owners are looking more and more at whole life costs of ownership. • Increased paranoia—there appears to be a greater trend towards accepting the project risks and by doing so making paranoia your vehicle to success. Skin in the game ensures undivided attention. Several of the above trends are pointing to a greater role for the contractor. The contractor, whether they like it or not, is the prime party responsible for integrating design into labour and materials in order to create the asset. Further, the asset’s operations will often hinge on how effectively that integration has taken place. This role has left the contractor with a significant amount of experience in design procurement, construction and operations of an asset and now project owners appear to be attempting to unlock that experience as they seek certainty in their asset’s performance. There is a significant opportunity for contractors in the coming years and every contractor (both large and small) should pay close attention to these trends to ensure future competitiveness. David Bowcott is senior vice-president, national director of large/strategic accounts, AON Reed Stenhouse Inc. Send comments to editor@on-sitemag.com.

42 / April 2012

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ADVERTISERS’ INDEX & WEBSITES Adrian Steel............ www.adriansteel.com............................ 10 Bobcat...................... www.Bobcat.com/grapple1.................... 30 Canadian Western Bank.......................... www.theworkingbank.ca........................ 47 Case.......................... www.casece.com.................................. 48 Caterpillar.............. www.WinattheWorkshop.com................. 13 Caterpillar Trucks...................... www.DriveCat.com............................... 27 Chevrolet................ www.chevrolet.ca................................. 21 Doosan Infracore................. www.DoosanEquipment.com................. 15 Gehl.......................... www.gehl.com....................................... 2 HCSS.......................... www.hcss.com..................................... 11 International Trucks...................... www.internationaltrucks.com.................. 9 John Deere............... www.JohnDeere.com/WorkSight............... 7 Kubota CE................. www.kubota.ca.................................... 33 Mercedes Benz........ www.mysprinter.ca............................... 23 Michelin................... www.michelin.ca.................................. 37 Mustang................... www.mustangmfg.com.......................... 29 New Holland............ www.newholland.com........................... 34 Stihl......................... www.stihl.ca........................................ 45 Viewpoint Construction Software.................. www.viewpointcs.com........................... 43 Volvo......................... www.volvoce.com/newlife...................... 41 Western Star Trucks...................... www.westernstar.com............................. 4

The Advertisers’ Index is provided as a free service to our advertisers. on-sitemag.com / 43

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FUNNY PHOTO

SEND US YOUR FUNNY PHOTO CAPTIONS and if we think you’re the funniest, you will be the winner of a limited-edition die-cast model of a Mack Truck. (Comparable alternative model may be awarded)

DEADLINE FOR ENTRIES IS

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SEND YOUR ENTRY TO:

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80 Valleybrook Drive, Toronto, ON M3B 2S9

fax

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e-mail

editor@on-sitemag.com

Now you can follow On-Site on Twitter @OnSiteMag to get the latest industry news, reports and links pertaining to Canada’s construction market.

EWS GET MORE N SITE H ONT I W E N I L N O 44 / April 2012

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CONTRACTORS & THE LAW By Chris Eagles & Bradley Freedman

Canada’s New Anti-spam & Online Fraud Act

C

anada’s new anti-spam and online fraud act (CASL) creates a comprehensive regime, of offences, enforcement mechanisms, and potentially severe penalties designed to prohibit unsolicited or misleading commercial electronic messages (CEMs) and deter other forms of online fraud. So, what are the rules for CEMs?

The Basic Prohibition CASL prohibits the sending of a CEM unless: (1) the recipient has consented to receive the CEM; and (2) the CEM complies with prescribed formalities. The prohibition is not limited to mass unsolicited commercial email (spam), but also applies to a CEM that is sent directly to a single recipient. CASL applies to messages sent by any means of telecommunication (including text, sound, voice, or image) to an address for an email, instant message, telephone, or any similar account. There are limited exceptions. An electronic message is considered to be “commercial” if one of its purposes is to encourage participation in a “commercial activity,” which is broadly defined as a transaction, act or conduct of a commercial character. The prohibition also applies to an electronic message that requests a person’s consent to receive a CEM. There are limited exceptions, including CEMs between friends or family and communications regarding the recipient’s commercial activity.

Consent CASL establishes an opt-in regime that requires a recipient give express or implied consent to receive a prohibited CEM. A

person who alleges consent to receive a CEM has the onus of proving it. A request for express consent must clearly and simply specify the purpose of the consent and other prescribed information, including the identity of the person seeking consent and the persons on whose behalf consent is sought. Implied consent arises in limited circumstances where the sender and recipient of the CEM have an existing business or non-business relationship within the previous two years. There are also certain kinds of CEMs for which consent is not required, including messages that confirm a commercial transaction previously agreed to by the recipient and messages that provide warranty/recall/ safety/security information for a product or service purchased by the recipient.

Formalities In addition to consent, and even if consent is not required or is implied, a CEM must comply with certain formalities. It must contain prescribed information about the identity of the actual and beneficial sender of the CEM and their contact information. A CEM must also provide a no-cost unsubscribe mechanism and an electronic address or link to a website that can be used by the recipient to unsubscribe to future messages. The contact information, unsubscribe mechanism and website link must remain valid for 60 days, and an unsubscribe request must be implemented within 10 business days.

Message Content CASL amends the Competition Act to pro-

hibit knowingly or recklessly sending a false or misleading representation in an electronic message that promotes a business interest. CASL also prohibits false or misleading representations in sender information, subject matter information or locator information, or materially false or misleading representations in the body of an electronic message.

Application/Liability CASL applies if a computer system in Canada is used to send or access a prohibited CEM, regardless of the location of the sender or recipient. CASL imposes liability not only on persons that send prohibited CEMs, but also on persons that cause or permit prohibited CEMs to be sent, or who aid, induce, or procure the sending of prohibited CEMs. CASL provides that employers are vicariously liable for violations by their employees and agents within the scope of their employment or authority.

Enforcement/Penalties The CRTC and the Competition Bureau have authority for enforcing different parts of CASL regarding CEMs. Contravention of provisions regarding unsolicited CEMs are punishable by substantial administrative monetary penalties—$1 million per violation maximum for individuals, and $10 million per violation maximum for organizations. False or misleading representations in an electronic message are punishable by fines and imprisonment. In a private action, the court may award compensatory damages and a private fine, to maximum of $1 million for each day on which a contravention occurred. This column is provided for general information only and may not be relied upon as legal advice. Send comments to editor@on-sitemag.com.

46 / April 2012

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THE WAY LARRY WORKS:

LOOK FOR OPPORTUNITIES. THEN MOVE ON TO BIGGER THINGS.

LARRY DYCK President, Jade Transport Ltd.

BUSINESS BANKING IS ABOUT A SHARED PERSPECTIVE. At Canadian Western Bank, we see the world the same way as our customers. As a result, we take the time to understand your business and provide banking solutions suited to your business needs. Discover insights and learn more at theworkingbank.ca.

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Case’s proven line of compact excavators just got a big brother. The all-new CX55B is a minimum tail swing (MTS) machine that sets a new standard in compact excavation. With its impressive lift capacity, digging force and reach, the CX55B MTS is the ultimate in performance. It comes “thumb-ready” and boasts standard auxiliary hydraulic features that include bi-directional flow and proportional controls. Featuring 10% more cab space, a slide-up front window that’s 20% wider, as well as a larger rear window for increased visibility. Its interior ergonomics provide maximum operator comfort, and the features don’t end there. With a 40% larger fuel tank, you’ll spend less time refueling and more time on the job. Want to learn more? Dig in at casece.com.

©2012 CNH America LLC. All rights reserved. Case is a registered trademark of CNH America LLC. www.casece.com

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