Report to:  General Committee                                                      Report Date:  June 16, 2008

 

SUBJECT:                          Award of Tender # 100-T-08

                                            Pomona Mills Creek Erosion Restoration – Phase I          

 

PREPARED BY:               Soran Sito, Senior Environmental Engineer            ext. 2521

                                            Nehal Azmy, Senior Capital Works Engineer    ext. 2197 

 

RECOMMENDATION:

 

THAT the June 16, 2008 staff report entitled “Award of Tender # 100-T-08, Pomona Mills Creek Erosion Restoration – Phase I” be received;

 

AND THAT the Mayor and the Clerk be authorized to execute a Cost Sharing Agreement between the Town of Markham and the Region of York as outlined in the attached draft cost sharing agreement, to the satisfaction of the CAO, Town Solicitor and Town Treasurer;

 

AND THAT subject to the execution of the cost sharing agreement with the Region of York, the contract for Tender # 100-T-08, Pomona Mills Creek Erosion Restoration – Phase I be awarded to the lowest price qualified bidder, R & M Construction Limited in the amount of $586,008.00 exclusive of GST;

 

AND THAT a contingency amount of $90,000 exclusive of GST be established to cover any additional construction costs and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit;

 

AND THAT staff be authorized to retain Aquafor Beech Limited as preferred supplier to provide construction inspection and contract administration services during construction of the project to an upset limit of $53,400 exclusive of GST.

 

AND THAT a contingency amount of $8,000 exclusive of GST be established to cover any additional construction inspection and contract administration services during construction and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit;

 

AND THAT staff be authorized to retain Aquafor Beech Limited as preferred supplier to provide post-construction monitoring services to an upset limit of $20,000 exclusive of GST .

 

AND THAT a contingency amount of $10,000 exclusive of GST be established to cover the cost of any  environmental testing services which may be required to be conducted by Aquafor Beech during construction and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit;

 

AND THAT the approved $500,000.00 fund in the Asset Management Department Capital Works account # 58-6150-8294-005 be transferred to a new 2008 capital account to be established within the Engineering Department and that the Town’s portion of the project be funded from this account;

 

AND THAT staff be authorized and directed to do all things necessary to give effect to this resolution.

 

PURPOSE:

The purpose of this report is to award the contract for phase 1 of the Pomona Mills Creek Erosion Restoration project, to retain a consulting engineering firm to provide contract administration, construction inspection and monitoring services for the project and to endorse the Cost Sharing Agreement for the project between the Town of Markham and the Region of York.

 

BACKGROUND:

In September 2004, Council approved the initiation of the Pomona Mills Creek Class EA Erosion Restoration Study, referred to herein as the Study, and the formation of a Task Force Committee to guide the finalization of the Study and to provide an implementation plan. The main objectives of the Study are to identify the causes of erosion in the creek, to develop a restoration and regeneration plan that will improve environmental conditions within the creek and provide protection for existing infrastructure against accelerated erosion rates.

 

Preliminary results of the Study were presented to Council on April 24, 2007. Council directed staff to engage the Toronto and Region Conservation Authority (TRCA) and the Pomona Mills Conservationists and to produce a report on funding and implementation strategy for the preferred restoration option. Both the TRCA and the Pomona Mills Conservationists are engaged in the Study through the Task Force Committee. Preliminary results of the Study indicate that the preferred restoration option could be implemented in 4 phases over the next several years. Information related to funding and implementation strategy for the preferred restoration option will be provided to Council in a staff report in fall 2008 for approval.    

 

The first public meeting was held on December 6, 2007.  The second public meeting is scheduled for late 2008 to finalize details of the preferred restoration option which is shown in Attachment ‘A’.  The Study is scheduled for completion early in 2009. 

 

OPTIONS/ DISCUSSION:

Proposed Restoration Work - Site 1 and 2

In late 2007, the Region of York approached the Town on a joint venture to share the cost of restoring 2 sites within the creek (see Attachment ‘B’). The Region’s interest is related to protecting its exposed sanitary sewer infrastructure from on-going creek bed erosion. Both sites have been identified in the Study for restoration in Phase I. In addition, site 1 was identified in the Town-wide Erosion Implementation Study as a top priority site for restoration in 2008. The exposed Region of York’s sanitary sewer system within sites 1 and 2 needs immediate protection from erosion.

The proposed restoration work within sites 1 and 2 is a regular watercourse erosion maintenance work which will be carried-out under Schedule A (pre-approved activities) of the Municipal Class EA process. The work will be carried-out this summer without the need to wait for the Pomona Class EA Study to be completed. 

 

Timing of Construction

The completion of the Phase I restoration work this summer is urgently needed to prevent the Region of York’s sanitary sewer infrastructure from further erosion and potential failure and to prevent the rapidly on-going bank erosion on affecting private properties.

Due to the short window for construction allowed by the TRCA, the Phase I restoration work must commence in early July 2008 and be completed by fall 2008. 

Regulatory Agency Approval

The Toronto Region Conservation Authority (TRCA) is a member of the Task Force Committee and has participated in the Class EA Study through several meetings.  Both the TRCA and the Region of York have reviewed and approved the proposed Phase I restoration work.  Permit from the TRCA for the proposed work within sites 1 and 2 have been received. 

 

Tree Planting

The proposed Phase I restoration work will provide opportunities for tree planting through the Markham Trees for Tomorrow initiative.  Over 130 trees and 1000 shrubs are proposed for planting within the 2 restoration sites.  Native and non-native trees will be planted along the banks and valley slopes of the creek to stabilize the creek banks and valley slopes.

 

Cost Sharing Agreement

This project will be funded jointly by the Region of York and the Town of Markham.  A copy of the Cost Sharing Agreement to specify the obligations of the various benefitting parties is attached in Attachment ‘C’.  The Region will be funding 50% of the total construction cost for restoring site 1, and 65% of the total construction cost for restoring site 2.  The Town will fund the remainder of the total construction cost for both sites. The award of the tender document to the lowest qualified bidder (R & M Construction Ltd) is subject to the Mayor and the Clerk executing the Cost Sharing Agreement with the Region to the satisfaction of the CAO, Town Solicitor and Town Treasurer.  

 

Consultant Services

Aquafor Beech Limited has undertaken the design and preparation of the tender for the Pomona Mills Creek Erosion Restoration. Staff has negotiated a fee to provide full time construction inspection, contract administration, design modifications and post-construction monitoring services. Details regarding fees for these services are included in the Financial Consideration section of this report.

 

Construction Tender

The construction tender # 100-T-08 was issued in accordance with Purchasing By-law 2004-341.  Staff from the Engineering and Financial Services Departments 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 2, 2008

Bid closed on

May 23, 2008

Number of contractors picking up bid documents

13

Number of  contractors submissions

3

 

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

 

 

Contractors

Total Price

1

R & M Construction Ltd

$586,008.00

2

Dynex Construction

$754,264.00

3

Cambridge Landscaping

$777,257.00

 

FINANCIAL CONSIDERATIONS

The total cost of constructing Phase 1 of the Pomona Mills Creek Erosion Restoration project is as follows;

 

Design & TRCA’s permit fees

$76,000.00

Construction cost

$586,008.00

Construction contingency

$90,000.00

Contract Admin.& construction inspection

$53,400.00

Contract Admin.& construction insp. contingency

$8,000.00

Environmental testing contingency

$10,000.00

post-construction monitoring fees

$20,000.00

Engineering Department Project Management Fee @ 9%

$67,266.00

Total

$910,674.00

 

The Region of York has already funded 100% of the detailed engineering design and TRCA’s permit fees in the total amount of $76,000. In return, the Town of Markham will fund 100% of a 3 year post-construction monitoring program at a cost of $20,000. The remainder of the total construction cost $814,674.00 will be funded jointly by the Region of York and the Town of Markham.

 

The value of each party’s contribution is summarized as follows:

 

Item

Funding excluding GST

Town of Markham funding

- 50% of site 1 costs

- 35% of site 2 costs

- 100% of monitoring

Total

 

$241,398.00

$116,157.30

$20,000.00

$377,555.30

Region of York funding

-100% of design & permit fees

- 50% of site 1 costs

- 65% of site 2 costs

Total

 

$76,000.00

$241,398.00

$215,720.70

$533,118.70

Total Project funding

$910,674.00

 

 

The following funding sources are secured for this project:

 

Contributor

Funding Source

Amount

Town of Markham

New Engineering Department Capital Works account (transferred from Asset Management Account # 58-6150-8294-005 - (Restoration of Pomona Mills Creek)

$500,000.00

Region of York

Purchase Order # 73770-003

$533,118.70

Total funding available

 

1,033,118.70

 

The balance of the Town’s funding source ($500,000.00 – $377,555.30) in the amount of $122,444.70 is to be retained within the new Engineering Department Capital Works account for funding phase II of the Pomona Creek restoration project.

 

ENVIRONMENTAL CONSIDERATIONS:

The proposed restoration work in this report supports Markham Council’s goal of Environmental Focus, as it relates to the protection and management of our natural environment.  The restoration work is also in support of the ‘Forty Steps to a New Don’ blueprint work plan.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

This report was circulated internally to the Legal, Financial Services and Asset Management Departments and their comments have been incorporated.  

 

 

 

RECOMMENDED BY:  

 

 

 

 

 

________________________                              ________________________

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

Director of Engineering                               Commissioner of Development Services

 

ATTACHMENTS:

Attachment ‘A’:  Pomona Mills Creek Erosion Restoration and Habitat Enhancement             

                          Study - Preferred Option

Attachment ‘B’:  Site Map

Attachment ‘C’:  Cost Sharing Agreement

 

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