RYZUK GEOTECHNICAL Review for 335 Stewart Avenue
Technical review assessing the feasibility of constructing the proposed enclosed gazebo from a geotechnical perspective.
August 14, 2020 File No. 10064-1
CHL Timberworks 3093 Volmer Road Victoria, BC V9B 2H7
Attn: Mr. Lee Crtichley
Dear Sir,
Re: Proposed Enclosed Gazebo 335 Stewart Avenue – View Royal, BC
As requested, we attended the referenced site recently to assess the existing geotechnical conditions as such relate to a proposed enclosed gazebo overlooking the shoreline of Esquimalt Harbour. Although only preliminary design information for this structure is currently available, we understand that the Town of View Royal requires comment on the general feasibility of the proposal, including a variance to the setback from the Present Natural Boundary (PNB) of the site as defined in the Official Community Plan (OCP) for the area. Our comments and recommendations pertaining to these matters are contained herein. Our work has been undertaken in accordance with, and is subject to, the attached Terms of Engagement.
Generally, the subject property is located at the southwest end of Stewart Avenue on a rocky headland that extends southwest into Esquimalt Harbour. It is bounded to the northwest by Limekiln Cove and to the southeast by an un-named smaller bay. The proposed gazebo would be located in the westernmost corner of the property, just back of the crest of a steep rock slope an estimated 8 – 10 m high overlooking the shoreline at the entrance to Limekiln Cove. We understand that the structure would be about 7 m x 4.5 m in plan dimension (approximately 31.5 m² plan area) with mostly glass walls on the seaward side and a partial concrete wall at the back, with a steel roof sloped back away from the shoreline. Roof water would be captured for irrigation and/or decorative purposes, and would not run down the foreshore slope. Currently a patio surfaced with rock slabs and a firepit are located in that area. Observations from docks at the shoreline on both the subject property and the property to the north suggest that there is likely no more than 1 metre of native overburden capped with granular fill and the patio surface at the gazebo site. We understand that it is proposed to remove this material and found the gazebo footings directly on the intact bedrock.
Our assessment is that the proposed development is feasible from a geotechnical perspective. The bedrock along the shoreline appears relatively intact, and we consider the likelihood of the slope crest receding to the point that the gazebo structure could be undermined during its lifetime to be remote. However, it will still be necessary for us to inspect/approve the subgrade at the time of foundation preparation, and if the bedrock surface is found to be sloping significantly it may be necessary to either chip a level bench into the rock at footing locations or install dowels to provide lateral support to the footings; we can provide specific recommendations regarding this once the subgrade has been exposed, if required. Also, we understand that the area is subject to high winds, and depending upon structural design requirements it may be necessary to provide grouted rock anchors for uplift resistance. We can work with the structural engineer to design and monitor/test the installation of any such anchors as required.
The proposed enclosed gazebo site lies within Development Permit Area (DPA) “Natural Watercourse and Shoreline Areas”, and specifically within the “Rocky Shores” shoreline type, as defined in the OCP. The requirements for structures in this area do allow for small structures, including gazebos, with a lesser setback from the PNB than the typical 15 m without the need for a development permit provided that the structure is within an existing landscaped area, no native trees are removed, the structure is a minimum of 10 m from the PNB, and has a total area of less than 10 m². The first two of these conditions are satisfied, but the horizontal distance from the proposed gazebo to the PNB is judged to be less than 10 m (although we have not seen an exact survey), and the size exceeds 10 m², so a DP is likely to be required. The OCP also notes that development in this area should sensitively manage stormwater. In our opinion, construction of the gazebo at the proposed location (the existing firepit/patio area), and with the roof water directed away and captured as discussed above, would not compromise the intent of the DPA and would not have an adverse impact on the stability of the existing foreshore slope. Further, as noted previously, we do not anticipate that natural recession of the slope crest would compromise the structure. As such, from a geotechnical perspective we do not see a reason why a development permit for this structure should not be granted.
Provided that the proposed enclosed gazebo design is as per our understanding as outlined above, and that our noted recommendations are implemented, we consider that the land may be safely used for the use intended, that being a non-habitable gazebo structure, considering a seismic event with 10% probability of exceedance in 50 years. This design standard is generally considered appropriate for non-habitable structures with no reasonable likelihood of impacting downslope areas. Our assessment is pursuant to and in accordance with Section 56 of the Community Charter and as adopted by the BC Office of Housing and Construction Standards as well as the Association of Professional Engineers and Geoscientists of BC.
We trust that the preceding is suitable for your purposes at present, however if you have any questions with respect to the above, please contact us.
Yours very truly, Ryzuk Geotechnical
Bruce R. Dagg, M.Sc., P.Eng. Principal Geotechnical Engineer
Attachment – Terms of Engagement
TERMS OF ENGAGEMENT
1 GENERAL
1.1 Ryzuk Geotechnical (the Consultant) shall render the Services, as specified in the agreed Scope of Services, to the Client for this Project in accordance with the following terms of engagement. The Services, and any other associated documents, records or data, shall be carried out and/or prepared in accordance with generally accepted engineering practices in the location where the Services were performed. No other warranty, expressed or implied, is made. The Consultant may, at its discretion and at any stage, engage sub-consultants to perform all or any part of the Services.
1.2 Ryzuk Geotechnical is a wholly owned subsidiary of C. N. Ryzuk & Associates Ltd.
2 COMPENSATION
2.1 All charges will be payable in Canadian Dollars. Invoices are issued on a monthly basis. Payment is due within 30 days of invoice without hold back. Interest on overdue accounts is 24% per annum. Collection action will commence if invoices are not settled within 90 days.
2.2 Our Services may be engaged on a Fixed Fee basis or hourly rate as per our Fee Schedule. When Services are provided in accordance with our Fee Schedule, the rates for our Services will be marginally adjusted annually in January and the Client agrees to the adjusted rate.
3 REPRESENTATIVES
3.1 Each party shall designate a representative who is authorized to act on behalf of that party and receive notices under this Agreement.
4 TERMINATION
4.1 Either party may terminate this engagement without cause upon thirty (30) days’ notice in writing. On termination by either party under this paragraph, the Client shall forthwith pay to the Consultant its Charges for the Services performed, including all expenses and other charges incurred by the Consultant for this Project.
4.2 If either party breaches this engagement, the non-defaulting party may terminate this engagement after giving seven (7) days’ notice to remedy the breach. On termination by the Consultant under this paragraph, the Client shall forthwith pay to the Consultant its Charges for the Services performed to the date of termination, including all fees and charges for this Project.
5 ENVIRONMENTAL
5.1 The Consultant’s field investigation, laboratory testing and engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater. The Consultant will cooperate with the Client’s environmental consultant during the field work phase of the investigation.
6 PROFESSIONAL RESPONSIBILITY
6.1 In performing the Services, the Consultant will provide and exercise the standard of care, skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services contemplated in this engagement at the time when and the location in which the Services were performed.
7 INSURANCE
7.1 Ryzuk Geotechnical is covered by Professional Indemnity Insurance as follows:
- $ 3,000,000 each and every claim
- $ 5,000,000 aggregate
- $ 5,000,000 commercial/general liability coverage
7.2 Notwithstanding the provision of insurance coverage by the Client, the Engineer hereby agrees to indemnify and save harmless the Client, its successor(s), assign(s) and authorizes representative(s) and each of them from and against losses, claims, damages, actions, and causes of action, (collectively referred to as “Claims”) that the Client may sustain, incur, suffer or be put to at any time either before or after the expiration or termination of this Agreement, that arise out of errors, omissions or negligent acts of the Engineer or their Subconsultant(s), servant(s), agent(s) or employee(s) under this Agreement, excepting always that this indemnity does not apply to the extent, if any, to which the Claims are caused by errors, omissions or the negligent acts of the Client, its other consultant(s), assign(s) and authorized representative(s) or any other persons.
8 LIMITATION OF LIABILITY
8.1 The Consultant shall not be responsible for:
- the failure of a contractor, retained by the Client, to perform the work required for the Project in accordance with the applicable contract documents;
- the design of or defects in equipment supplied or provided by the Client for incorporation into the Project;
- any cross-contamination resulting from subsurface investigations;
- any Project decisions made by the Client if the decisions were made without the advice of the Consultant or contrary to or inconsistent with the Consultant’s advice;
- any consequential loss, injury or damages suffered by the Client, including but not limited to loss of use, earnings and business interruption;
- the unauthorized distribution of any confidential document or report prepared by or on behalf of the consultant for the exclusive use of the Client
- Subsurface structures and utilities
8.2 The Consultant will make all reasonable efforts prior to and during subsurface site investigations to minimize the risk of damaging any subsurface utilities/mains. If, in the unlikely event that damage is incurred where utilities were unmarked and/or undetected, the Consultant will not be held responsible for damages to the site or surrounding areas, utilities/mains or drilling equipment or the cost of any repairs.
8.3 The total amount of all claims the Client may have against the Consultant or any present or former partner, executive officer, director, stockholder or employee thereof under this engagement, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the amount of any professional liability insurance the Consultant may have available for such claims. Where the Engineer is a corporation or partnership, the Client and Consultants of the Client will limit any claim they may have to the corporation or partnership, without liability on the part of any officer, director, member, employee, or agent of such corporation or partnership.
8.4 No claim may be brought against the Consultant in contract or tort more than two (2) years after the date of discovery of such defect.
9 INDEMNIFICATION FOR KNOWN RISKS
9.1 In the course of our work, we will advise Client of Project risks including vibration, settlement, dewatering, damages associated with construction activity involving earthworks, heavy equipment, excavation, drilling, blasting, trucking and those actions associated with construction of the Project.
9.2 To the fullest extent permitted by law, and notwithstanding any other provision in the Agreement, the Consultant and Consultant’s officers, directors, partners, employees, agents, or any of them, shall not be liable to the Client or anyone claiming by, through, or under the Client for any special, incidental, indirect, or consequential damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, professional errors or omissions, strict liability, breach of contract, or warranties, express or implied, of the Consultant or Consultant’s officers, directors, partners, employees, agents, or any of them, provided that such described risks are within the tolerances that we advise.
10 DOCUMENTS AND REPORTING
10.1 All of the documents prepared by the Consultant or on behalf of the Consultant in connection with the Project are instruments of service for the execution of the Project. The Consultant retains the property and copyright in these documents, whether the Project is executed or not. These documents may not be used on any other project without the prior written agreement of the Consultant.
10.2 The documents have been prepared specifically for the Project, and are applicable only in the case where there has been no physical alteration to, or deviation from any of the information provided to the Consultant by the Client or agents of the Client. The Client may, in light of such alterations or deviations, request that the Consultant review and revise these documents.
10.3 The identification and classification as to the extent, properties or type of soils or other materials at the Project site has been based upon investigation and interpretation consistent with the accepted standard of care in the engineering consulting practice in the location where the Services were performed. Due to the nature of geotechnical engineering, there is an inherent risk that some conditions will not be detected at the Project site, and that actual subsurface conditions may vary considerably from investigation points. The Client must be aware of, and accept this risk, as must any other party making use of any documents prepared by the Consultant regarding the Project.
10.4 Any conclusions and recommendations provided within any document prepared by the Consultant for the Client has been based on the investigative information undertaken by the Consultant, and any additional information provided to the Consultant by the Client or agents of the Client. The Consultant accepts no responsibility for any associated deficiency or inaccuracy as the result of a miss-statement or receipt of fraudulent information.
11 JOBSITE SAFETY AND CONTROL
11.1 The Client acknowledges that control of the jobsite lies solely with the Client, his agents or contractors. The presence of the Consultant’s personnel on the site does not relieve the Client, his agents or contractors from their responsibilities for site safety. Accordingly, the Client must endeavor to inform the Consultant of all hazardous or otherwise dangerous conditions at the Project site of which the Client is aware.
11.2 The client must acknowledge that during the course of a geotechnical investigation, it is possible that a previously unknown hazard may be discovered. In this event, the Client recognizes that such a hazard may result in the necessity to undertake procedures which ensure the safety and protection of personnel and/or the environment. The Client shall be responsible for payment of any additional expenses incurred as a result of such discoveries, and recognizes that under certain circumstances, discovery of hazardous conditions or elements requires that regulatory agencies must be informed. The Client shall not bring about any action or dispute against the Consultant as a result of such notification.
12 FIELD SERVICES
12.1 Where applicable, field services recommended for the Project are the minimum necessary, in the sole discretion of the Consultant, to observe whether the work or a contractor retained by the Client is being carried out in general conformity with the intent of the Services. Any reduction from the level of services recommended will result in the Consultant providing qualified certifications for the work.
13 DISPUTE RESOLUTION
13.1 If requested in writing by either the Client or the Consultant, the Client and the Consultant shall attempt to resolve any dispute between them arising out of or in connection with this Agreement by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of thirty (30) calendar days with the mediator, the dispute shall be referred to and finally resolved by arbitration under the rules of the arbitrator appointed by agreement of the parties or by reference to a Judge of the British Columbia Court.
14 CONFIDENTIALITY
14.1 During the period of this Agreement, the Consultant shall not use or disclose any Confidential Information to any third parties. The Consultant will only use Confidential Information for the sole purpose of carrying out the service(s) agreed upon unless withholding such information would present a risk to the safety, health and welfare of the public, the protection of the environment, or health and safety within the workplace. Access to the Client’s Confidential Information will be restricted to employees who need the information to perform work duties. The Consultant may share photos of the project without disclosing any information not already made public unless the Client refuses consent of photos shared on social media. Unless already made public, the Consultant will not share owner or site address information on social media or with outside parties.
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