Report to: DEVELOPMENT
SERVICES COMMITTEE Report Date:
SUBJECT:
PREPARED BY: Linda A. Irvine,
RECOMMENDATION:
1)
THAT the report dated June 23, 2009 to Development Services Committee,
entitled “
2) AND
THAT Council approve the request by Angus Glen Development Ltd., to finance the cost of design,
construction, and contract administration of the parks identified as Plan 1,
Block 139 (0.5318 ha / 1.314 ac) in draft plan of subdivision 65M-4085 and Plan
2, Block 47 (0.5648 ha / 1.395 ac), Block 48 (0.0408 ha / 0.10 ac), Block 49
(0.0777 ha / 0.1919 ac), Block 50 (0.0383 ha / 0.0946 ac) and Block 51 (0.4030
ha / 0.9957 ac) in draft plan of subdivision 65M-4086, subject to the following
conditions:
A.
That
Angus Glen Development Ltd., finance the cost of the design, construction, and contract
administration of these parks to a minimum value of $165,000.00 per acre based
on 1.656 ha / 4.092 acres of parks which totals approximately $675,180.00 inclusive
of all applicable taxes but exclusive of GST;
B.
That,
subject to compliance with these terms and conditions, the Town of Markham
reimburse Angus Glen Development Ltd., up to a maximum of $675,180.00, plus GST,
towards this project from development charges for park development under the
understanding that Angus Glen Development Ltd., may contribute additional funds above this
amount which will not be reimbursable by the Town, towards the development of
these parks;
C.
That
subsequent to collection of sufficient Development Charges for park development
at the building permit stage for residential lots within the Angus Glen West
Village, the Town shall reimburse Angus Glen Development Ltd., for invoices paid for approved costs
associated with the design, construction, and contract administration, for park
development. No interest on such invoices shall be payable by the Town.
Reimbursement terms are as follows:
a.
Angus
Glen Development Ltd. may only invoice the Town for 80% of approved costs
provided that:
i.
at
least 45 days from the date of publication of Substantial Performance has
transpired;
ii.
proof
of publication has been submitted with the invoice;
iii.
no
liens have been registered in regard to this contract;
iv.
the
constructed work has reached Total Completion to the Town’s satisfaction after
which the two year warranty period shall begin;
v.
the
landscape architect has issued to the Town a Total Completion certificate.
b.
the
remaining 20% of Town approved costs shall be retained by the Town for a
minimum of two years from Total Completion and shall be paid to the Developer
upon the Developer invoicing the Town for the remaining 20%, provided the
following has occurred in the order listed here:
i.
two
years has passed from the date of Total Completion;
ii.
that
the two year warranty inspection has occurred with the Town;
iii.
that
all noted deficiencies at the two year warranty inspection have been completed
to the Town’s satisfaction to the point of total performance;
iv.
that
Final Acceptance has been granted by the Town;
v.
that
the landscape architect has issued a certificate certifying the warranty period
has expired and further that noted deficiencies have been completed in general
conformance to the plans and specifications;
vi.
that
any liens registered in regard to the contract have been released and/or paid
by the Developer;
vii.
and
further, that the two year maintenance obligations had been performed during
the warranty period, failing which, the Town shall use the remaining funds at
its sole discretion to compensate for the unfulfilled obligations.
c. or alternatively, Angus Glen
Development Ltd. may invoice
the Town for 100% of approved costs two years after the date of Total
Completion provided items b, i through vii, as listed above, have occurred to
the Town’s satisfaction.
D. That Owners/Developers within the Angus Glen
West Village Community, including Angus Glen Development Ltd., not receive any credit towards park
development charges and continue to pay the park development charge at the
building permit stage for all present and future development phases of
subdivisions within the Angus Glen Community;
E. That Angus Glen Development Ltd. hire a landscape architect who is a
Full Member of the OALA having custody and use of the Association seal,
approved by the Town, to provide professional design, contract document, and
contract administration services, to the satisfaction of the Town as outlined
in Schedule A;
F.
That
Angus Glen Development Ltd. follow the Town’s standard Park and Open Space approval process which
includes development of several design concepts, holding community input
meetings, presentation to selected Standing and Advisory Committees as
applicable, as well as review and approval by the
G.
That
Angus Glen Development Ltd. tender out the construction of the park works to a minimum of three
bidders to the satisfaction of the Town including providing the Town with a copy
of all bids submitted within 24 hours of tender close. The successful bidder will
be responsible to construct and maintain the park in from the time park
construction is begun until Final Acceptance by the Town;
H.
That,
notwithstanding the requirement noted above in Condition (G), Angus Glen
Development Ltd. shall tender
and award a maintenance contract for the park to Town standards. The maintenance contract for the park must be
tendered and awarded at the same time as the construction contract and cover a
minimum period of 2 years detailed maintenance as outlined in Appendix ‘C’ (“Developer
Obligations: Two Year Maintenance Activities”) to the Town’s satisfaction and
that maintenance of the park shall continue until Final Acceptance of the
park. Costs for the 2 year (minimum)
maintenance contract are the responsibility of Angus Glen Development
Ltd. The Town will not
reimburse Angus Glen Development Ltd. for costs associated with this additional maintenance obligation for
the park;
I.
That
these parks be included in the Urban
3) And that staff be authorized and directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not Applicable.
PURPOSE:
This report seeks approval for Angus Glen Development Ltd. to finance the costs of design, construction, and contract administration associated with the development of parks identified as Plan 1, Block 139 (0.5318 ha / 1.314 ac) in draft plan of subdivision 65M-4085 and Plan 2, Block 47 (0.5648 ha / 1.395 ac), Block 48 (0.0408 ha / 0.10 ac), Block 49 (0.0777 ha / 0.1919 ac), Block 50 (0.0383 ha / 0.0946 ac) and Block 51 (0.4030 ha / 0.9957 ac) in draft plan of subdivision 65M-4086 in the Angus Glen West Village.
BACKGROUND:
As part of the overall parks and
open space master for the
OPTIONS/ DISCUSSION:
In a letter dated
In consideration of this request, this report seeks Council’s approval for the early delivery of these parks by Angus Glen Development Ltd. in accordance with the recommendations noted herein. The 5 year park capital program will be adjusted to reflect the early delivery of these parks.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
In the year that these parks are assumed by maintenance by the Town, additional resources may be required in the Parks Operation s budget. Implications to the tax rate (10% of $675,180.00) will occur in the 2011 when the Capital budget is approved. When designing the park, staff will consider the long-term maintenance, operational and capital replacement cost implications.
HUMAN
RESOURCES CONSIDERATIONS
Not applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
This work aligns with the following areas of strategic focus: Growth Management and Parks, Recreation, Culture and Library Master Plan.
BUSINESS UNITS CONSULTED AND AFFECTED:
The Finance Department has been consulted in the development of this report.
RECOMMENDED BY:
________________________ ________________________
Ronji Borooah, OAA, MCIP, RPP Jim Baird, MCIP, RPP
Town
Architect Commissioner
of Development Services
ATTACHMENTS:
Appendix ‘A’: Letter from Mr.
Appendix ‘B’: Landscape Architect’s Scope of Work
Appendix ‘C’: Developer Obligations: Two Year Maintenance Activities
Appendix ‘D’: Location Map – Block 139
Appendix ‘E’: Location Map – Blocks 47, 48, 49, 50, 51
Q:\Development\Design\linda\Parks\DSC
Angus Glen June 23 Report.doc
APPENDIX B: LANDSCAPE ARCHITECT’S SCOPE OF WORK
Landscape architectural services shall include typical full scope of
services. The items below are intended to assist the consultant to ensure
that, at minimum, the items listed are included in the scope of services
provided. This list is not intended to be exhaustive.
PART A:
DESIGN SERVICES
1.
Undertake data collection
and base plan preparation.
2.
Hire surveyor under
surveyor allowance, and prepare an up to date topographic survey, if necessary.
3.
Hire sub-consultants
(under the sub-consultant allowance) to include, as required by the design: a
mechanical engineer to certify flow rate for purposes of water meter sizing; a
structural engineer to certify design of all proposed and as-built structures
inclusive of footings to be structurally sound as well as provide BCIN; an
electrical engineer to certify electrical work and obtain ESA (Electrical
Safety Authority) certificate; a civil engineer to certify the proposed and
as-built civil works have been designed and constructed properly, and; an
irrigation consultant to design and certify the work has been designed and
installed properly and in accordance with the plans. The landscape
architect shall include surface grading and drainage as well as sub-drainage
where required as part of the full scope of landscape architectural services.
4.
Contact development
engineer to obtain composite utility plans (above and below ground) including
any easements which may affect the design or installation for inclusion on
landscape plans.
5.
Undertake detailed
analysis of site and context.
6.
Undertake schematic
design work for review by Town staff.
7.
Meet with Town staff as
needed to develop a minimum of 2 alternative concepts.
8.
Prepare and submit cost
estimates complete with signed OALA seal, to ensure design concepts can be
built within the allotted budget. Amend plans if required to meet budget.
9.
Undertake public
consultation meeting with area residents (one evening meeting) including the
presentation of the two rendered park concept alternatives. Evening
meeting shall include display panel boards (at either 24”x 36” or 36”x 48”
sized for future Town storage) as well as prepare a PowerPoint presentation of
the boards for the evening meeting.
10. Amend/combine concepts as required,
to develop a preferred design concept in preparation for developing working
drawing package.
PART B:
WORKING DRAWINGS AND TENDER DOCUMENT SERVICES
1.
Prepare working drawing
package of the preferred design.
2.
Meet with Town staff to
refine working drawings as required, until approved by Town.
3.
Submit revised cost
estimates complete with signed OALA seal, to ensure design concepts can be
built within the allotted budget. Amend plans if required to meet budget.
4.
Secure all necessary
permits and agency approvals for the work as required.
5.
Prepare final working
drawings, specifications, tender documents, cost estimates and contract
documents to Town standards for competitive bidding of the work.
6.
Provide the Town with
12 sets of tender documents (specifications and drawings) for tender.
7.
Attend bidders meeting
and document questions arising from the meeting. Provide answers to the
Town for questions arising.
8.
Assist the Town in its
tendering process and be responsible for technical inquiries and/or clarifications,
preparing draft addenda for issue by the Town regarding bid documents
requirements.
9.
Review bids for
accuracy and provide recommendations.
PART C:
CONTRACT ADMINISTRATION AND WARRANTY SERVICES
1.
Undertake Contract
Administration to Final Completion.
2.
Arrange and host
pre-construction meeting.
3.
Undertake periodic
construction meetings as required including weekly site meetings during active
construction.
4.
Prepare and distribute
all meeting minutes with contractor.
5.
Review project schedule
on an ongoing basis and assist the contractor in resolving matters affecting
the contractor’s schedule.
6.
Review contractor’s
construction layouts, provide recommendations to Town staff and obtain Town
approval.
7.
Provide recommendations
to Town staff and obtain approval from Town for additional work or work deleted
from contractor contract. Prepare Change Orders and obtain Town
authorized signature. The landscape architect shall provide an ongoing
spreadsheet listing all items included for all contemplated changes, all Town
agreed to changes, any previously issued change orders, and the remaining funds
in the contingency.
8. Provide recommendations to Town
staff and obtain approval from Town for additional work or work deleted from
contractor contract. Prepare Change Orders once approved and obtain Town
authorized signature on all Change Orders. With each contemplated change,
the landscape architect shall provide an ongoing spreadsheet showing the impact
of the contemplated change on the budget. The spreadsheet shall include
all contemplated changes, all Town agreed to changes, any previously issued
change orders, and the remaining funds in the contingency.
9.
Review shop drawings,
contractor requested plant and other substitutions or changes, provide
recommendations to Town staff and obtain Town approval prior to directing
contractor or proceeding with the works.
10. Review on-going construction to
ensure compliance with the contract drawings and specifications. If
construction is not compliant with documents, note deficiencies and discuss
with Town for review and direction. Issue instructions to contractor as
required.
11. Visit the site each time the
contractor makes a claim for payment to review the work performed. Town’s
policy does not permit acceptance of ‘redlined’ invoices. Return invoice
to contractor for revision with current date, amount claimed, proper purchase
order number, etc if invoiced incorrectly by the contractor.
12. Provide Progress Payment Certificate
to the Town signed with an OALA seal within 10 business days of receipt of an
acceptable invoice from the contractor.
13. Be responsible for keeping track of
all dates of each milestone listed herein, and perform on site inspections for
same, including a follow-up certificate for each of; substantial performance,
total completion/start of warranty (showing anticipated end of warranty), one
year warranty, two year warranty, and final completion/end of warranty.
Include necessary follow-up inspections to ensure contractor compliance with
inspections as required. Perform final certification to the Town by way
of a final completion certificate identifying that all the work has been
completed in general conformance to the plans and specifications and that the
warranty has now ended.
14. Provide the Town with a maintenance
manual after Substantial Performance which includes the following:
· as-built drawings (landscape
architect is responsible to obtain one full size set and one reduction to
11”x17” from the contractor)
· park manual including statistics and
maintenance items:
o
Legal
description (also include this item on tender set)
o
Park
location (also include this item on tender set)
o
Total
area (also include this item on tender set)
o
CSA
certification of as-built playground(s) (may be obtained from the contractor or
the playground supplier or installer). An independent playground
inspector is not required with the exception of the rubberized surfacing where
the landscape architect is responsible to obtain testing results for rubberized
surfacing where it is being used.
o
ESA
safety certificate for electrical works (may be obtained from the contractor or
electrical sub-consultant)
o
Number
of coniferous & deciduous trees, shrubs, and groundcovers.
o
Recommended
maintenance schedule of park including watering schedule, turf cutting
schedule, etc.
o
Linear
length of pathways
o
Identifying
all park facilities (soccer fields and their sizes, tennis court and their
sizes, water play facilities, Junior and/or Senior Playgrounds etc)
o
Start
and targeted end of warranty period
o
End of
Warranty and Certification of works by Landscape Architect certifying that the
works have been completed in general conformance to the landscape plans and
specifications, and that all deficiencies and warranty obligations have been
completed. The certificates shall be affixed with the full member’s OALA
seal signed and dated.
Definitions:
“Construction Period” shall mean the time
required to construct the park, commencing once the construction contract is
awarded through to Final Completion.
“Inspections’ shall mean conducting an on site
meeting to review the work and identify deficiencies, documenting deficiencies,
preparing and issuing the deficiency list, and provide the necessary follow-up
site inspections and reports to confirm rectification of deficiencies. It
is expected that the contractor shall perform his warranty obligations at the
anniversary of the one and two year warranty periods.
“Contract Administration” shall include, but is
not limited to, the evaluation of bid submissions, contractor coordination and
liaison, site inspections as required, coordination of site meetings,
preparation of meeting minutes, preparation and issuance of contemplated change
notices, change orders, progress payment certificates, substantial performance
certificates, and completion and warranty inspections.
“Substantial Performance” shall mean
substantial performance as defined in the latest edition of the Construction
Lien Act.
“As-built Drawings” shall mean documents
prepared or redlined by the contractor showing the location of items within the
park constructed as part of this contract.
“Final Completion” shall mean that park
construction is 100% complete without any deficiencies, has been accepted by
the Town for maintenance, the warranty period has expired and all warranty work
has been completed and accepted by the Town.
“Services” shall mean the provision of
landscape architectural consulting services as set out under the Scope of Work.
APPENDIX C:
DEVELOPER OBLIGATIONS: TWO YEAR MAINTENANCE ACTIVITIES
Cutting
Turf:
- All turf areas shall be cut at a height
of 2 ½”
- All turf areas shall be cut once every
12 to 14 days, as required.
- Naturalized or meadow areas shall be
cut once per year in the spring.
Fertilizer:
- All turf areas shall be fertilized with
33-6-6 complete with 50% S.C.U. (sulphur coated urea) at one pound of
nitrogen per thousand square feet of turf.
- General turf areas shall be fertilized
twice per year.
- Naturalized or meadow areas do not need
to be fertilized, unless it is determined during the maintenance period,
that fertilizer might improve poor growth.
Trash/Litter/Recycling:
- As a minimum, litter is picked up from
the ground on the same frequency as turf cutting unless there is a
complaint, and then it shall be done within 24 hours.
- Litter is to be picked up prior to
cutting of the turf unless there is a complaint, and then it shall be done
within 24 hours.
- Trash and recycling shall be picked up
once per week unless there is a complaint, and then it shall be done
within 24 hours.
- Moloks are to be emptied at least twice
per year with frequency depending on the size, location and use unless
there is a complaint, and then it shall be done within 24 hours.
Water
Systems (Irrigation/Water Play/Turf Valves/Yard Hydrants/etc.)
- All water systems shall be winterized
in the Fall.
- All water systems shall be started up
and programmed (where a programmer exists) each Spring.
- Repairs to each water system shall be
performed as they are discovered.
- For splash pads, the Town will perform water
quality tests in the Spring and periodic testing to ensure chlorine levels
are maintained to legislated levels.
- Water meters and backflow preventors
shall be inspected once per year.
- Backflow preventors shall be tested and
certified.
Snow
Ploughing:
- Not usually performed on park walkways
except where park walkways provide the only direct access to the front
doors of homes that abut and front onto parks.
Playgrounds:
- Playgrounds shall be inspected at least
once a week with a visual inspection. Inform the contractor and Town of
any irregularities or safety concerns.
- Sand is topped up as required
(Hutcheson Sand) by the contractor.
- Rubberized surfacing shall be swept and
repaired as required by the contractor.
Planting
Beds & Trees:
- Beds weeded twice per year, unless
there is a complaint, and then it shall be done within 24 hours.
- Tree saucers are weeded twice a year.
- Mulch is topped up when needed with
shredded cedar bark mulch.
Aeration/Topdressing/Over-seeding:
- As required by the contractor and as
specified under the contraction contract
Payment of Water & Hydro:
- The Town shall pay for water and hydro
once the park reaches substantial completion and it is being used by the
public for the purposes intended.