What is the MMCD Project?

The Master Municipal Construction Document project is an initiative which developed a ‘standard’ municipal construction contract document and supporting administrative products. It provides:

  • Front-end contract documents
  • Municipal Specifications
  • Construction Details
  • Tender Document Production Manual
  • Construction Contract Administration Manual
  • Design Guidelines
  • Client/Consulting Agreement

The MMCD is designed for use by municipalities and others, who undertake municipal work involving roads, sidewalks, sewers, water, traffic signals and street lighting.

The Tender Document Production Manual explains, in a step-by-step format, how to prepare tender and contract documents.

The Construction Contract Administration Manual explains how to administer a construction contract using the MMCD, and includes samples of all forms normally used in contract administration.

Both documents contain commentaries that explain the rationale.

The document reflects common usage in the municipal construction sector, and specifically eliminates reference to product brand names.

The MMCD documents attempt to set out a common standard for products and construction procedures. They do not constitute a design manual. The electrical specifications have been developed in conjunction with the BC Ministry of Transportation.

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MMCD Principles

The MMCD is based upon a set of principles which represent the most significant differences between this document and the more conventional tender documents. They are:

  • To be fair to all parties: Those seeking the old “boiler plate” type of documents should not use the MMCD.
  • To control risk taking: Those who want the Contractor to absorb all the risk should not use the MMCD.
  • To provide an equitable means of resolving disputes: Those who think the “Engineer” rules, should not use the MMCD
  • To provide an equitable means of addressing changes: Those who want the Contractor to “eat” all additional costs should not use the MMCD.
  • To be written in plain English: Those who like legal jargon should not use the MMCD.
  • Say it once: Those who like repeating themselves should not use the MMCD.

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Who Can Use the MMCD?

Anyone may use the MMCD. It may be purchased as outlined on page 11. However, this document is revolutionary in its format and the impact it will have on the way users do business. New users should not attempt to use the MMCD if they intend to apply past contract experiences, training and procedures to its use. The MMCD project has developed a training and support program that will prepare new users for the successful integration of the MMCD into their organization’s contracting process. This training is highly recommended for Owner’s engineering and purchasing representatives, Contract Administrators, Contractors and Legal Advisers.

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Who is Using the MMCD?

We estimate that over 90 BC municipalities and Regional Districts have subscribed to the MMCD standard drawings and specifications and over 1,000 copies of the documents are in service.

Municipal users comment that the minimal fee for the collective effort of developing and maintaining a standard document is significantly less than their individual costs of creating and maintaining unique contract documents. Users report that the MMCD makes it easier and hence less expensive for contractors to bid municipal projects. The standardized and straightforward contract language used in the new version 3 front-end documents should minimize confusion, and the dispute resolution process is expected to dramatically improve owner-contractor relationships and reduce the legal costs associated with construction contracts.

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How is the MMCD Used?

The objective of using a standard document is that all documentation remains the same for all users, to the greatest extent possible. When a contract is called, the MMCD is referenced as the standard, and only exceptions, called supplementaries, to the standard are noted in the project specific tender documents, using a methodology outlined in the Tender Document Production Manual.

Users of the MMCD rely on the fact that only the items that differ from the standard are clearly identified in the tender documentation. This reliance requires a commitment from users not to vary from the standard document unless the variance is in the format provided for within the standard. The document recognizes the principle of ‘saying it once.’ To vary from the standard introduces the risk of excluding or changing components of the document which may inadvertently impact other aspects of the document.

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Humble Beginnings

The MMCD project is the result of joint action by the Executive Committees of the BC Road Builders and Heavy Construction Association, the Consulting Engineers of B.C., and the Municipal Engineers Division of the Association of Professional Engineers and Geoscientists of B.C.

A working group, the Joint Municipal Committee (JMC), comprised of representatives of the three parent organizations, was established to address, and resolve common problems of mutual interest to the parent organizations. The first project of the JMC addressed was the multitude of conflicting tender documents used in the Lower Mainland of B.C. The MMCD project began in 1989.

The development of the MMCD is ongoing. Our initiatives include the promotion of the document, formal and informal training of all users and the maintenance and periodic updating of the documents. Some of the new initiatives being investigated include production of standard drawings/GIS systems, acceptable materials links, standard design guidelines/design criteria, utility coordination initiative, sustainability and electronic documents.

Any person who is a member of the three parent organizations may volunteer to participate in the maintenance of the document or the directions of the project by sitting on the Board of Directors.

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Who Did All the Work?

The bulk of the work was done by volunteer sub-committees who were established to create, implement, monitor and improve the documents. The volunteers were drawn from municipal staff, CEBC members, BCRHCA members and related industry representatives. They were assisted by contracted specialists such as engineering consultants and lawyers. The project relies on the valuable contributions of volunteers for its success, and will continue with the volunteer format.

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How Is the MMCD Organized?

On May 11, 1995, the Sponsoring municipalities, (20 lower mainland municipalities and the Greater Vancouver Regional District), agreed to create an independent Board of Directors to ensure the continuing maintenance, promotion and training needs of the MMCD project are met. The Board consists of:

  • Two representatives from each parent body
  • One member from the MED Executive, who shall be Chair
  • One senior engineer from a Sponsoring Municipality, appointed by MED
  • Two members from the BC Roadbuilders and Heavy Construction Association
  • Two members appointed by the Consulting Engineers of BC. Appointees should be involved in disciplines associated with the municipal field
  • Two representatives from the Provincial Government (both appointed by their ADM's)
  • One member from the Ministry of Transportation
  • One member from the Municipal Engineering Services branch of the Ministry of Community, Aboriginal & Women's Services
  • Past Chair
  • An appointee of the MED, will act as Chair of the Board. The Executive Director reports to the Board

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Standing User Committees

There are five Standing User Committees. Under the guidance of the Documents Committee, each of the committees will annually solicit and review comments on the MMCD from the users of the document. Users will be encouraged to keep the MMCD program advised of any difficulties or changes they want to see incorporated into the considerations of the user committees.

Documents Committee

The Documents Committee is responsible for the review and revisions of the front end documents. The Documents Committee is responsible for integrating the work of the other committees into a single document, and the publishing of the complete MMCD.

 

The Committee also reviews, revises and produces the Tender Document Production and Construction Contract Administration manuals.

The committee is chaired by a municipal engineering representative with contract administration experience. Membership of the committee includes representatives of the three founding organizations plus a municipal purchasing agent.

Civil Specifications Committee

The Civil Specifications Committee is responsible for the review and revisions of all Civil specifications and construction details. The committee works under the guidance of the Documents Committee to integrate their work into the MMCD.

At present, the Civil committee has one group of members made up from the founding organizations, plus testing and product producers as required. In addition, there are four specific sub-committees dealing with: design criteria for sustainability, GIS/MIDS, utility coordination and trenchless technology.

Electrical Specifications Committee

The Electrical Specifications Committee is responsible for the review and revisions of the electrical specification and construction details. The committee works under the guidance of the Documents Committee to integrate their work into the MMCD.

The committee chair is selected by the committee. The Chair must have electrical design and construction experience. Membership of the committee is drawn from: expert traffic/street lighting design, MOH electrical design, municipal inspectors, contractors, electrical consultants.

The Education Committee

The Association believes that to maximize the benefits to the users, a formalized education program is necessary. Thus a new committee has been set up and charged with the mandate to create, implement and maintain courses useful to all those involved in developing, performing and administrating MMCD contracts.

The Referee Certification Committee

The Referee Certification Committee is charged with the dual tasks of certifying qualified individuals as MMCD Referees and, when asked by contracting parties, appointing Referees under the MMCD general conditions to assist in dispute resolution.

Membership of the committee is drawn from the three founding groups.

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Board Reporting Responsibilities

The Chair of the Board reports annually, (in the minimum), to a joint meeting of the executives of the three parent bodies and the senior Municipal Engineers of the Sponsoring Municipalities. This activity is akin to an Annual General Meeting. The annual report will provide:

  • A summary of past activities of the Board and the MMCD project
  • A report on the extent of use of the documents
  • An outline of the next years program
  • An annual budget and a fee structure to support the coming year’s program
  • A 5 year projected budget showing fee implications
  • Any program difficulties and required support to resolve other related issues

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How is MMCD Financed?

The original development of the MMCD was funded by 20 Lower Mainland municipalities, the Greater Vancouver Regional District and the Ministry of Community Service, who contributed a start-up grant in recognition that the document would be of value to all BC municipalities.

The project is currently funded by “Sponsoring Members”, which include Municipalities, Regional Districts, School Boards, Ministry of Transportation, Ministry of Community Services and other government agencies who pay on a pro-rated basis according to their population, or by specific agreement where population is not an appropriate basis for contribution.

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Sponsoring Member Fees

The revenues necessary to ensure the continued operation of the project are collected annually from the Sponsoring Members as follows:


NOTE: GVRD, MOT, MMA are categorized as Rate Category 12

The fee structure is approved annually at the AGM by a majority vote of Sponsoring Members. Each Sponsoring Member has one vote.

Note: Although the Board of Directors is an independent body with the responsibility to manage and direct the MMCD program, the funding for the program is provided, in large measure, by the Sponsoring Members, all of whom are government organizations. For this reason, the Board’s practice is, as a courtesy, to review significant changes to the fee structure with the Sponsoring Members prior to implementation.

The budget prepared for the Sponsoring Members includes a five year projected budget as well as the budget for the upcoming year for which fee approval is being sought.

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Associate Membership

Associate membership in MMCD is open to all contractors, consultants, suppliers and utilities. The purpose of Associate membership is to engage this community in the formulation, review and continuous improvement of an expanding suite of construction documents, best practices and training opportunities.

For the Association, broader membership increases the volunteer resources, adds new skills and strengthens the financial sustainability of our continuous improvement process.

For Associate members, the association provides the forum to influence the future direction of MMCD through membership in an Advisory Group and regular submissions to the Board. Membership also brings reduced rates for publications, training and advertising opportunities. A set of documents (a $350 value) is provided to all new Associate members.

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Membership Applications

Sponsoring Membership Application
"Sponsoring Members”, include Municipalities, Regional Districts, School Boards, Ministry of Transportation, Ministry of Community, Aboriginal & Women's Services (Formerly Ministry of Municipal Affairs) and other government agencies who pay on a pro-rated basis according to their population, or by specific agreement where population is not an appropriate basis for contribution.

Associate Membership Application
"Associate Members" include Consultants, Contractors and other industry companies. Annual Membership fee is $500. Associate members receive a 20% discount on document orders.

Individual Membership Application
"Individual Members" include non-corporate or proprietorship individuals. Annual Membership fee is $50.00 (+ GST). Individual members receive a 20% discount on document orders.

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Training and Support Programs

Front End Concepts Seminar

This eight hour seminar was created to proved a “brush up” for persons who have had some exposure to the MMCD. It concentrates on the differences between the MMCD and past industry practice. It also highlights the differences in the front end documents among the various MMCD editions. Like the Introduction course, it can be offered on request wherever there is a minimum group of fifteen interested students.

Referee Certification Course

This two day course is available only to referee applicants who have been screened and accepted by the Referee Certification Committee. It provides an overview of the MMCD with particular emphasis on Dispute Resolution and the role of the Referee therein. Upon completion of the course, the students return home for one week to prepare for a proctored examination involving the evaluation of a dispute situation. Exam results are evaluated by the Certification Committee and successful completion leads to Certification.

Contact Administration Course & Certification

In Fall 2003, the Board of the MMCD Association directed the Education Committee to create and conduct a course for the "certification" of Contract Administrators (CA's). Their expectation is that "Certified" MMCD Contract Administrators will be recognized as having particular expertise in the management of construction contracts based on MMCD. In particular, the Board wants to ensure that Certified Contract Administrators have practical experience, not just academic qualifications.

Superintendent Course

This one day course is specifically designed for Contractor's field staff who do construction under MMCD contracts. It is focused on the needs of Superintendents and Field Clerks but also includes pointers and suggestions for Project Managers and Estimators. This course qualifies for one point in the CCA Gold Seal Program.

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Newsletter

We now publish a two page newsletter approximately every two months. All sponsors and users with email addresses receive this informative summary of events and up-coming items.

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MMCD and Subdivision & Development Bylaws

When a municipality makes a commitment to the use of the MMCD standard, it is suggested that the following reference be included in the municipalities Subdivision & Development Control Bylaw, or its equivalent:

“Works provided pursuant to this bylaw shall be in accordance with the Master Municipal Construction Document, version dated _____, which is filed in the Municipal Clerk’s office, and which is hereby incorporated by reference into this bylaw.

Supplementary specifications issued by the municipality shall govern over the Master Municipal Construction Document.”

Municipalities contemplating changes to their subdivision bylaws are reminded to consider applying for planning grants which might be available to members through Ministry of Community Services.

To further standardize their infrastructure, many municipal owners have incorporated the MMCD into their Subdivision and Development Bylaws. The MMCD Association is pleased to be able to assist owners who are considering doing so by providing contact names. In this way, lessons learned and shortcuts developed can be passed along so as to avoid "reinventing the wheel" every time.

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Disclaimer

The MMCD, its Members, Board of Directors, Committees and all staff, volunteers, and contractors, have taken care in preparing these documents. None of them accepts any liability for any loss or damage which may be suffered by any person or corporation as a result of the use of the documents.

MMCD documents, publications, and related services and products are made available without representation by the Board of Directors or the working Committees or their members, as to the appropriateness of their use in any particular situation. They are issued on the strict understanding that each user accepts full responsibility for their use and application.

The documentation, training services, support services, dispute resolution services or any other direct or related services are offered to users without warrantee or guarantee as to their effectiveness or suitability for the users application.

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Services Provided by the MMCD Program Office

Document Sales

Users may purchase the MMCD from the MMCD Program Office. Documents are available at the following costs:

For Sponsoring Members

  • Tender Document Production Manual - (Vol. I), each $100
  • MMCD document - (Vol. II), each $ 85
  • Construction Contract Administration Manual - (Vol. III) $ 55
  • Complete set - (3 Volumes) $200
  • Client Consulting Agreement - $5

Other Users

  • Tender Document Production Manual - (Vol. I), each $160
  • MMCD Document - (Vol. II), each $135
  • Construction Contract Administration Manual - (Vol. III), each $ 95
  • Complete set (3 Volumes) $350
  • Client Consulting Agreement - $5

Municipalities who use the MMCD for tendering purposes are encouraged to support the MMCD initiative by becoming sponsoring members.

MMCD Administration Forms

Contract Administration forms are available on diskette through the MMCD Program Office. For current costing information, please contact the program office. Forms can be provided in the following formats:

Generic Blank - A set of forms which a Contract Administrator may photocopy and use. They are formatted in the same format as shown in the exhibits section of the Construction Contract Administration Manual.

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