A standard contract in non-standard parts

Like NAFTA negotiations, Water for Riley (W4R) is a tri-party contracting effort, which was supposed to be fast and simple, until complications happened.

The unexpected complications

The standard contract that Heavy Industries (HI) usually signs with its clients just didn’t apply to this project. Because W4R is unique, three of the contract clauses needed revisions.

Fortunately, W4R’s amazing partners at the City of Calgary Parks Department and HI understood the issues that W4R had with the contract and worked hard to make the necessary changes. Back to the NAFTA metaphor, we parsed legal language from October, 2017, to July, 2018.

W4R is an ad hoc group of volunteers

W4R owns nothing and has accomplished much. W4R exists to:

The solution in two parts

HI and the City of Calgary really came through for us.

First, HI revised some clauses in the contract. HI is a world-class company, whose clients include well-known artists, municipalities, and corporations although it has never before worked with The City of Calgary as a client. Yet, HI gives our small, local drinking fountain the same consideration, attention, and time it does to its multi-million dollar international projects.

Second, HI and the City of Calgary agreed to (a) split HI’s standard contract into two phases with known start and end dates; and (b) HI will sign the City of Calgary’s standard documentation for any work it undertakes for the City of Calgary.

The first phase contract, which W4R signed, starts now. It ends when the drinking fountain is fabricated, in a crate, and loaded on the truck on HI property, before the loaded truck’s wheels roll.

The contract was signed 9 July, 2018, setting the stage for HI to begin its work.

The second phase contract, which HI and the City of Calgary will sign, starts when the loaded truck’s wheels roll. Phase two covers installing the drinking fountain in Riley Park.

Water for Riley is incredibly grateful for this flexibility in the standard practices of both HI and the City of Calgary.

Be part of Calgary’s public art legacy;
for Riley Park, for you, and for the future.

Donate to make this vision become reality. At the instructions to seller page, specify that your support is for The Water for Riley Project. The Parks Foundation issues tax receipts for donations greater than $10.00.

We invite everyone to participate as a volunteer, fundraiser, donor, sponsor, or any other role. Call 403 862 1923 and leave your contact information.

See the W4R story in ACAD’s video