Report to: Development Services Committee                                Report Date: June 19th, 2007

 

SUBJECT:                          Award of Tender #050-T-07

                                            Woodbine North Trunk Sanitary Sewer

 

PREPARED BY:               Allan Arbuckle, Manager, Infrastructure and Capital Works, ext. 3120

                                           

 

RECOMMENDATION:

THAT the report entitled “Award of Tender # 050-T-07 Woodbine North Trunk Sanitary Sewer – Phase 1,” be received;

 

AND THAT the tender be awarded to the lowest price qualified bidder, Pachino Construction Co. Ltd in the total amount of $4,460,642.00 exclusive of GST, subject to the completion of all conditions as outlined in this report to the satisfaction of the CAO, Town Solicitor, Town Treasurer and Director of Engineering.

 

AND THAT a contingency amount of $535,000.00 exclusive of GST be established to cover any additional construction costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit and to provide monthly statements of these expenditures to the Town Treasurer;

 

AND THAT a contingency amount of $25,000 exclusive of GST be established to cover any additional construction inspection and contract administration costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

 

AND THAT staff be authorized to retain a qualified geotechnical consulting firm in accordance with the Town’s purchasing bylaw to provide geotechnical and materials testing services during construction for an upset limit not to exceed $ 65,000 exclusive of GST;

 

AND THAT staff be authorized to retain a qualified hydrogeological consulting firm in accordance with the Town’s purchasing bylaw to provide dewatering monitoring services during construction for an upset limit not to exceed $85,000  exclusive of GST;

 

AND THAT a contingency amount of $50,000 exclusive of GST be established to cover the Town’s estimated share of  the joint well monitoring program with the Cathedral Group and that the Director of Engineering be authorized to approve up to the specified limit;

 

AND THAT the Capital Budget, account 83-5350-7346-005, be amended to $5,838,835 to be funded based on schedule in the financial consideration section of this report;

 

AND THAT the amount of  Town financing to the 404 North Employment Lands Developers for their share of the design and construction of the Hwy 404 Sanitary Sewer be increased from $1,922,605 (as approved by Council on April 11, 2006) to $2,278,509;

 

AND THAT upon payment of all the invoices, any remaining funds be returned to the original funding source;

 

AND THAT staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above.

 

FINANCIAL CONSIDERATIONS:

The total cost exclusive of GST of constructing this phase of the project excluding the property acquisition costs is as follows: 

Design Fee

$240,250.00

Design Contingencies

$40,000.00

Construction Tender

$4,460,642.00

Construction Contingencies

$535,000.00

Contract Admin. and Site Inspections

$124,190.00

Contract Admin. & Site Insp. Contingencies

$25,000.00

Dewatering consultant

$85,000.00

Geotechnical consultant

$65,000.00

Well Monitoring contingency

$50,000.00

Engineering Department Project Management Fee @ 3.8 %

$213,753.00

Total

$5,838,835.00

 

Funding for the construction of Phase 1 of the Woodbine North Trunk sanitary Sewer project (Betty Roman to north of Elgin Mills) at the date of preparation of this report is being finalized with the benefiting Cathedral developers and the Hwy 404 North Developers and the Region of York.  The draft cost sharing under discussion and to be finalized is as follows:

 

Item

Funding excluding GST

Hwy 404 North Employment lands financing (currently financed by the Town through DC reserve)

$2,278,509.00

Cathedral Developers funding (local services)

$2,310,046.00

Cathedral Developers financing (trunk sanitary sewer)

$844,861.00

Region of York funding (Bypass storm sewers currently finance by Cathedral Developers)

$395,039.00

 

As development in the Hwy 404 North (404 lands) area is not anticipated to proceed until 2008/2009 and the ASDC Bylaw for the Highway 404 North Secondary Plan Area has not been passed, Council at its April 11, 2006 meeting, authorized the Town to upfront the Hwy 404 North Employment Lands share of the design and construction of the Hwy 404 Sanitary Sewer subject to repayment plus interest.

 

The 2006 Capital Budget (083-5350-7346-005) includes funding for the design and construction of the 404 North Employment Lands trunk sewer in the total of $2,633,710.   Additional developers services and Regional storm sewer works have been included in the tender which will require the budget to be increased by $3,205,125.00 ($5,838,835.00 - $2,633,710.00).

 

The financing of the design and construction of this sewer will be shared by the two parties who will benefit from the sewer construction, the 404 North Employment landowners and two Cathedral Developers. The proportional share attributable to each party is still under discussion at time of writing this report.  Staff have engaged both parties to finalize the cost sharing which staff will provide a verbal update at the Committee meeting.

 

In addition the Cathedral Group is to finance the Region’s share of the Woodbine storm sewer being installed under this contract as per the Tri-party agreement. 

 

Typically, the 404 North Lands land owners would be required to front-end finance their portion of the sewer construction costs, however, the 404 Employment area developers have not formed a developers group and are not in a position at the present time to provide financing for the sewer construction. Staff will continue to hold discussions with the land owners regarding the repayment of the sanitary sewer, funding of the Woodbine Avenue By-pass (Phase 2b and 3) and other municipal infrastructure required to accommodate development in the area.  Given the need to coordinate the construction of the sewer with the Woodbine By-pass construction, Council authorized the Town to provide up-front financing for the 404 Employment land’s portion of the sewer cost.  The Town’s costs plus interest will be recovered from the future Area Specific Development Charge for the 404 North Employment Lands (Area 49).

1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 

PURPOSE:

The purpose of this report is to award the contract for the construction of Phase 1 of the Woodbine North Trunk Sanitary Sewer project and to retain specialized consulting engineering firms to provide dewatering monitoring, geotechnical inspection and testing services for the project.

 

BACKGROUND:

The Hwy 404 North Planning District (404 Lands) is located immediately north of the Cathedral Community.  The Town is undertaking several initiatives to increase the supply of land to accommodate growth in office and industrial employment.  Municipal sanitary servicing for the 404 North Employment Lands will be provided by the extensions of the Cathedral Community sanitary infrastructure system.  

 

In April of 2006, the Town retained the consulting firm of Earth Tech Canada Inc. to prepare the detailed design for the Woodbine Bypass and the 404 North Trunk Sanitary Sewer.

At the request of the Cathedral area developers, a number of local and Regional storm sewers, watermains and sanitary sewers required to service developments were incorporated into the Town’s trunk sewer construction project.

 

OPTIONS/ DISCUSSION:

Construction Tender

The construction tender # 050-T-07 was issued in accordance with the Purchasing By-law 2004-341.  Engineering, Purchasing and the consultant have reviewed the bid documents and are satisfied that all terms, conditions, bid prices and specifications comply with the Town’s requirements.  The tender results are summarized below:

BID INFORMATION

Advertised, place and date

ETN May 9, 2007

Bids closed on

May 25th 2007

Number of pre-qualified contractors

7

Number of contractors responding to bid

6

 

Detailed pricing information as submitted is as follows exclusive of GST;

 

 

Contractors

Total Price

1

Pachino Construction Co. Ltd

$4,460,642.00

2

Clearway Construction Inc.

$6,971,108.60

3

Memme Excavation Co. Ltd

$7,046,367.00

4

Miwel Construction Ltd.

$11,635,414.26

5

Con Drain Company (1983)

$14,334,155.26

6

TACC Construction Ltd.

$15,051,614.55

 

It is anticipated that significant dewatering will be required to safely construct some sections of the sewer. While the Town has prepared a number of geotechnical and hydrogeological investigations to provide contractors with information on which to base their bids and has applied for and received approval from the Ministry of the Environment for this dewatering, each bidder is responsible for making their own determination of the extent of dewatering which will actually be required to accommodate their proposed method of construction, to determine the most appropriate method of achieving this level of dewatering and of supporting the excavations during dewatering and installation of the sewer. The bid document includes pricing for a number of alternative methods of dewatering and trench stabilization, some of which are included in the base price of the sewer installation and some of which are included as provisional sums which will only be utilized if significant dewatering and stabilization difficulties are encountered during construction. The large difference in the value of the tenders submitted by the bidders reflects their individual evaluation of the extent of dewatering and trench stabilization which will be required and the willingness of each to assume risk.

 

The low bidder, Pachino Construction, has successfully completed a number of watermain projects for York Region and is currently constructing the Town’s 14th Avenue watermain project. 

 

Conditions of Tender Award

Staff are recommending the award of the tender to the lowest priced qualified bidder,            subject to the following conditions:

  • Finalization of cost sharing agreement between the Cathedral developers, Hwy 404 developers and the Region of York;
  • Receipt of a letter of credit from the Cathedral developers’ for their proportionate share of the sanitary trunk sewer($844,861.00 - to be finalized);
  • Receipt of a Letter of Credit from the Cathedral Group for the Region’s storm sewers on the by-pass as part of the Tri-party Agreement ($395,039.00 - to be finalized);
  • Receipt of a letter of credit from the Cathedral developers for the total costs of their local services to be installed under this contract ($2,310,046.00);
  • Written confirmation that the property required for the Bypass construction has been dedicated to the Region of York or alternatively the developers provide Permission to Enter and Construct in a form satisfactory to the Town solicitor;
  • Written confirmation that the design of all local services to be installed have been approved by all applicable agencies or that the developers provides written confirmation satisfactory to the Town Solicitor that they accept all responsibility for all liabilities and costs for these local services being constructed on their behalf. 

 

Contract Administration and Site Inspection Services

The consulting firm of Earth Tech Canada Inc. was retained by the Town to prepare the detailed designs, construction drawings, specifications and tender documents for this project.  As approved by Council at its April 11, 2006 meeting, staff was authorized to retain Earth Tech Canada Inc. for the construction inspection and contract administration for the Hwy 404 North trunk sanitary sewer for an upset fee of $132,883.30 inclusive of GST and disbursements. Staff is recommending that a contingency amount be established to cover any additional construction inspection and contract administration costs that may arise during the construction of the project.

 

For quality control purposes, the Engineering Department must retain a materials testing firm to provide geotechnical and materials testing during construction. Staff will invite qualified consultants to submit proposals to perform the required tasks in accordance with Purchasing Bylaw requirements.  The cost of these services is estimated as $65,000.          

 

Dewatering Inspection & Monitoring

The construction of the trunk sewer will require dewatering for which a Permit to Take Water (PTTW) has been issued by the Ministry of the Environment. To ensure that the contractor complies with the conditions of this Permit, the Engineering Department will retain a hydrogeological firm to provide dewatering monitoring services during construction.  Staff will invite qualified consultants to submit proposals to perform the required tasks in accordance with Purchasing Bylaw requirements.  The cost of these services is estimated as $85,000.               . 

 

Furthermore, staff and the Cathedral Developers Group have met with the residents of Victoria Square to address the potential impacts of the dewatering from the construction of services in the Cathedral community and there is currently a joint developer/Markham monitoring and response program in place to ensure that any dewatering impacts are identified and responded to in an expeditious manner. In addition to the monitoring that will be carried out by the Town’s consultants to comply with the conditions of the PTTW, staff are proposing that a contingency amount of $50,000 be established to cover Markham’s share of any additional monitoring or response measures that may be required as a result of the Town’s sewer construction project.

 

Project Schedule

Construction of the trunk sewer is scheduled to start immediately after the award of the tender subject to the conditions of tender award being fulfilled.  Construction is anticipated to be completed by mid- September of this year to accommodate building permits for the adjacent Cathedral Community developers.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Finance and Legal Departments have reviewed this report and their comments have been incorporated.

 

 

 

 

RECOMMENDED BY:  

 

 

 

________________________                                    ________________________

Alan Brown, C.E.T.                                                      Jim Baird, M.C.I.P., R.P.P.

Director of Engineering                                     Commissioner, Development Services

 

 

 

 

 

ATTACHMENT:

Attachment A:            Location Plan

 

 

 

Q:\Development\Engineering\REPORTS\2007\June\\050-T-07 AWARD REPORT