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HomeMy WebLinkAboutFIN 14-22Report to Council Report Number: FIN 14-22 Date: August 18, 2022 From: Stan Karwowski Director, Finance & Treasurer Subject: Pre 2023 Capital Budget Approval – Soccer Dome Enhancement Project -File: A-1000-001 Recommendation: 1.That Council approve the following three recommendations related to the Pickering Soccer Dome enhancement project: a)That pre 2023 Capital Budget be established for the construction of four Pickleball Courts and minor facility enhancements for a cost of $820,000 (Net of HST) and this cost be funded from a transfer from the Rate Stabilization Reserve (Account 8007); b)That Council delegate the authority to award contracts with terms and conditions satisfactory to the Director, Operations and the Director, Finance & Treasurer with the total value of the contracts not to exceed $820,000 (Net of HST) related to Recommendation 1 a) and that the awarding of the contracts be in compliance with applicable senior government trade legislation; and c)That Council approve the waiving of the Purchasing Policy related to the procurement of goods and services related to Recommendation 1 a) and b) where it is in the community’s best interest to fast track the purchase of goods and services in order to meet the project timeframe; 2.That Council grant the Director, Operations and the Director, Finance & Treasurer the authority to undertake the major repairs to the Pickering Soccer Dome, pursuant to the Purchasing Policy Section 12.01 (Emergency Purchase), for the sole purpose of restoring the level of service/functionality for the benefit of the Pickering residents and all of the costs be funded from the proceeds of the insurance claim and any revenue shortfall be funded by a transfer from the Rate Stabilization Reserve (Account 8007): a)That the contract for the construction and installation of the soccer dome be awarded to the Farley Group for a cost of $1,425,000 (Net of HST); b)That the contract for the construction and installation of the soccer turf field in the amount of $575,000 (Net of HST), be awarded to Pro-Tech Turf Solutions; c)That, in accordance with Purchasing Policy Item 10.03 (c), Independent Project Managers be retained to provide project management services for a cost not to FIN 14-22 August 18, 2022 Subject: Pre 2023 Capital Budget Approval – Soccer Dome Enhancement Project Page 2 exceed $75,000 (Net of HST) on a schedule of rates acceptable to the Director, Operations and the Director, Finance & Treasurer; d)That the Director, Operations and Director, Finance & Treasurer be authorized to spend an additional $290,000 (Net of HST), for unforeseen or unanticipated repair expenditures and that the insurance carrier be requested to finance these costs and any revenue shortfall be funded from the Rate Stabilization Reserve; 3.That the Director, Finance & Treasurer be authorized to pursue full cost recovery (including insurance and, if necessary the use of legal resources) from the insurance carrier for all of the expenditures as reflected in Recommendation 2; 4.That the Agreement between the City of Pickering and Pickering Football Club, as set out in Attachment 1 to this Report, be approved subject to minor revisions acceptable to the Director, Corporate Services & City Solicitor and the Chief Administrative Officer, and that the Mayor and City Clerk be authorized to execute same; and 5.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: On January 16 and 17 of this year, the City of Pickering was blanketed with approximately 55 centimeters (21.6 inches) of snow. It was more snowfall than Pickering had experienced in January, February and March 2021 combined. The result of this snowfall was that the collapse of the soccer dome on January 17, 2022. The contractor hired by the insurance carrier decided to wait until after the snow and ice had melted before inflating the dome. On the week of April 11th, Farley Air Domes started to inflate the dome. Unfortunately, there was either a hole in the roof or one of the roof panels had a weakened seal that caused the roof to collapse a second time. When the roof fell the second time, it hit a fire hose cabinet that caused extensive flooding and damaged the turf field. At this current time, City staff have determined that both the dome roof and turf field must be replaced. To borrow a phrase from the current COVID period, senior City staff working with the Executive of the Pickering Football Club have adopted the strategy of “Build Back Better”. The result of this philosophy is reflected in Recommendation 1, whereby staff are now seeking Council’s approval to change the soccer pitch field configuration resulting in the creation of additional space to construct a permanent hard surface court that will accommodate four pickleball courts & futsal courts and a mobile stage. Specifically, the four pickleball courts will be available for eight hours per day, five days per week resulting in approximately 6,720 additional pickleball court hours per year. Recommendation 2 provides senior staff the authority to start the “rebuild process” by awarding contracts while the insurance funding details and/or responsibilities are finalized. Recommendation 3 is seeking Council approval to amend the 2014 provisional agreement to reflect the addition of the pickleball courts and the delivery of public pickleball programming. Included in this agreement is also the change where the City will now retain 100 per cent of the outdoor naming/advertising rights revenues related to the Pickering Soccer Centre to help offset the enhancement cost of $820,000. The new dome roof and field have an estimated life FIN 14-22 August 18, 2022 Subject: Pre 2023 Capital Budget Approval – Soccer Dome Enhancement Project Page 3 of approximately 25 years providing the opportunity to now market or sell the naming rights for this time period. Financial Implications: The cost of four pickleball courts and enhancements is estimated to be $820,000 (Net of HST) funded from the Rate Stabilization Reserve. This reserve is in a strong fiscal position and can accommodate this expenditure amount. There is an opportunity to either partially or fully recover this cost by pursuing naming rights for this building. Over several months, senior staff have been working with the insurance company to obtain the “green light” to start the “rebuild process”. The key principle is to “rebuild like for like”. The existing dome was around eight years old and there have been product improvements during this time period. The insurance company has been provided with all of the documentation related for the replacement of the dome roof and turf field. The insurance company is now reviewing these documents and senior staff are waiting for their comments and/or decisions. During our many meetings and conversations with the insurance carrier, the issue of the potential damage currently hidden by the collapsed roof has also been discussed. Until the old dome roof is removed, City staff won’t know if there has been any damage to the HVAC, turf field base or any other equipment. Recommendation 2 d) provides staff the authority to continue to work on the project to meet the project timeline and to fund those unforeseen expenditures and pursue cost recovery against the insurance company. Recommendation 3 provides the Treasurer the formal authority to pursue full cost recovery from the insurance company for all of the “rebuild” costs associated with Recommendations 2 a), b), c) and d). Included in Recommendation 3, as a measure of last resort, is the authority to apply legal pressure to achieve the City’s financial goal of 100% cost recovery for all of the costs under Recommendation 2. Discussion: The project consists of two major components: 1) construction of four pickleball courts on a new multi-purpose hardcourt & minor enhancements; and 2) facility “rebuild.” Recommendation 1 is specific to the construction of four pickleball courts and minor enhancements and Recommendation 2 is focused on the required approvals for the facility “rebuild”. The common denominator for both components is the soccer dome facility and the goal to have the building fully operational by March 1, 2023. On January 17, 2022, the Pickering soccer dome roof collapsed due to a multi-day snow event. This large snowfall was described in the news media “as a 50 year snow storm”. There were approximately 18 other domes in Ontario that collapsed during this snow storm. After the dome roof collapsed, the insurance provider’s first priority was to remove the snow and ice that had accumulated on the collapsed dome fabric in advance of re-inflation of the air supported structure. Despite their best efforts of the insurance company’s contractor the continuous winter weather conditions, forced them to postpone the process until the spring. Once weather conditions allowed the specialist dome contractor was able to make field repairs to the dome fabric in advance of a full re-inflation. FIN 14-22 August 18, 2022 Subject: Pre 2023 Capital Budget Approval – Soccer Dome Enhancement Project Page 4 On Easter week, the dome was re-inflated. Unfortunately, due to wind conditions and a combination of unforeseen weakness in the fabric and seals, the dome was unable to sustain pressure and collapsed on April 16, 2022. When the roof collapsed the second time, it struck and dragged across a fire hose cabinet causing a pipe fracture below grade that flooded the field turf. A recent on-site visual inspection has now revealed that mould is now forming on sections of the collapsed roof fabric. After the roof collapsed a second time, the option of repairing the roof was investigated. The outside contractor provided a quote of approximately $850,000, however, the contractor for this project would not provide a warranty or guarantee for their workmanship. This option was not acceptable to City staff for obvious reasons. During the last six weeks, senior staff working with the insurance company adjuster have obtained two price quotes for the dome replacement. The City hired a “Dome Consultant” to undertake a full comparison of the two proposals with the principle of ensuring that both bids provide or meet the functionality of the previous dome roof. In other words, the project goal for this stage is “Like for Like.” The City’s outside consultant is recommending that the City accept the “Farley Group” quote and his report was forwarded to the insurance company. Recommendation 2 a) asks Council to award the dome roof replacement contract to “Farley Group”. The insurance company has hired their own dome consultant and they are now reviewing the City’s information and documentation. City staff are cautiously optimistic that, within the near future, the insurance carrier may approve the expenditure for the full amount. However, in order for the building to be ready on March 1, 2023, the contract for the dome replacement has to be issued immediately. City staff have also been working with the insurance carriers adjuster for the replacement of the turf field. The City has provided one quote to the insurance company and is waiting for their response. The insurance company has been trying to obtain a second price quote, however, has experienced challenges. Recommendation 2 b) is asking Council to grant staff the authority to award the turf field contract in order for the dome to be operational by March 1, 2023. While it may appear that the City has the luxury of time, (six months), staff are concerned that production timelines along with “supply chain challenges” and the availability of contractors impacting the project timetable. Recommendation 2 c), provides staff the authority to hire Independent Project Managers (IPM) to help facilitate the reconstruction of the new soccer dome. IPM is familiar with the soccer dome due to the fact the City hired the firm to help manage the original construction. Their familiarity with the original project and its challenges is a benefit to the City as IPM will quarterback the entire “re-build” and enhancement phase of the project. Recommendation 2 d), provides staff the authority and funding resources to overcome any unforeseen challenges related to damaged equipment or other damage that can’t be seen or currently identified due to the fact the old dome roof is resting on the ground. Staff are seeking the authorization to fast track the purchasing process and awarding of the various contracts as related to Recommendations 2 through Sections 1.20 and 12.01 (Emergency Purchase) of the Purchasing Policy. The Purchasing Policy definition of an emergency includes a threat to safety and property, and refers to the "the need to restore FIN 14-22 August 18, 2022 Subject: Pre 2023 Capital Budget Approval – Soccer Dome Enhancement Project Page 5 basic service by the City” and the current status of the soccer dome passes this test as it is not operational and needs to brought back to life. The application of this Section of the Purchasing Policy was reviewed with the City Solicitor and he concurs with its use. Recommendation 1 a), b) and c) pertain to the enhancement component of the project. The major focus of the enhancement is the construction of four pickleball courts. Pickleball continues to be very popular with the seniors and is set to continue as our population continues to age. The game has grown in popularity over the country in the past years, and Pickering is no different. This sport will continue to attract many participants, both in the winter/fall sessions, requiring indoor play, and the summer, with many seniors taking to the outdoors. Pickleball is no longer a growing trend, rather a sport which is here to stay. The construction of the four pickleball courts will provide 6,720 hours of pickleball court time annually . Staff will have to start immediately the awarding of contracts. In order to meet the target opening date of March 1, 2023. The first contract for this project will be for engineering resources to design the specifications for the various components that in-turn will be used in the purchasing process. It is staff’s intent to follow the purchasing policy, however, there may be situations where due to unforeseen circumstances or uncontrollable external factors, it is in the best interest of the community to proceed to award the contract in order to meet the project timetable. Recommendation 4 amends the provisional agreement between the City and the Pickering Football Club and enshrines the City’s interest as it relates to the four pickleball courts by defining the court available hours and proposed fee structure. Attachments: 1.Agreement between the City of Pickering and Pickering Football Club Inc. 2.Soccer Pitch Reconfiguration FIN 14-22 August 18, 2022 Subject: Pre 2023 Capital Budget Approval – Soccer Dome Enhancement Project Page 6 Prepared By: Original Signed By: James Halsall Division Head, Finance Approved/Endorsed By: Original Signed By: Brian Duffield Director, Operations Original Signed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: Attachment #1 to Report FIN14-22 This Agreement made as of the day of August, 2022. Between: The Corporation of the City of Pickering (the “City”) - and - Pickering Football Club Inc. (the “Club”) Whereas: A.The Club is a not-for-profit corporation which provides soccer programs for children and adults within the City of Pickering; B.The City is the owner of the lands and premises municipally known as 1975 Clements Road, Pickering (the “Lands”) on which it has constructed an air supported structure and field house building; C.The Club operates from the Lands in accordance with a Provisional Licence Agreement dated November 7, 2014; D.The air supported structure (the “soccer dome”) collapsed due to inclement weather on or about January 17, 2022, and must be rebuilt; E.The City and the Club consider it advisable to incorporate certain enhancements into the soccer dome including, but not limited to: (a) revised field turf configuration and line marking, (b) new permanent hardcourts with a multi-purpose surface suitable for additional activities including pickleball, (c) reconfigured and upgraded divider net system to sub-divide the field turf pitches and divide the field turf pitch from the hardcourts, (d) redesigned divider net posts, (e) provision of one additional air lock structure to support access and storage for additional programming, and (f) addition of a clear panels in the dome to provide natural light into the dome, Now Therefore in consideration of the mutual covenants, agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Club agree as follows: 1.Upon completion of the reconstruction of the soccer dome, the Club will make four pickleball courts available for public use Monday through Friday from 8:00 am to 12:00 pm and 2:00 pm to 6:00 pm for at least 42 weeks per year. Any change to these times of use are subject to the City’s approval. 2.Schedule “A” attached hereto shows the layout of the four new courts to be incorporated into the reconstructed soccer dome. Page 2 3.The amount of the fees charged by the Club for bookings of pickleball courts shall be consistent with the fees charged for similar facilities elsewhere in Durham Region, and shall be subject to City approval. 4.The City will construct the soccer dome enhancements referred to above, at its own expense, subject to a project budget limit of $820,000.00 and subject to the City’s approval of the design and specifications for the reconstruction work. 5.Notwithstanding the terms of the Provisional Licence Agreement dated November 7, 2014, the City shall be entitled to 100 percent of all advertising revenues generated from the exterior of the soccer dome and field house. The City shall be entitled to determine, in its sole discretion, the size, location, configuration and medium of all such advertising. The Provisional Licence Agreement, and any amendment or replacement thereof, is hereby amended accordingly. 6.This Agreement is not assignable by the Club. This Agreement shall be construed in accordance with the laws of the Province of Ontario. The recitals at the head of this Agreement are true and accurate and form a part hereof. In Witness Whereof the parties have executed this Agreement as of the date first written above. Pickering Football Club Inc. ___________________________ Name: Title: ___________________________ Name: Title: I/We have the authority to bind the Corporation. The Corporation of the City Of Pickering ___________________________ Name: David Ryan Title: Mayor ___________________________ Name: Susan Cassel Title: City Clerk I/We have the authority to bind the Corporation. Pickering Football Club | •1 Official sized futsal court •3 -4 smaller futsal courts also to be lined for Pickleball •The addition of a portable stage also allows for further functionality –events/guest speakers NEW HARD COURT SURFACE Stage 73m/239’ –6” 173m/406’ –10” Schedule 'A' Pickering Football Club | Attachment #2 to Report FIN14-22 CURRENT CONFIGURATION Pickering Football Club | FIELD SHIFT & LINE RECONFIGURATIONS 173m/406’ –10” 73m/239’ –6”NEW SPACE a)Shift the playing field entirely to the West side of the Dome and review available infill options b)Reconfigure the 4 Quarter fields without loss of revenue–No additional cost anticipated. Pickering Football Club | Stage 73m/239’ –6” 173m/406’ –10” •1 Official sized futsal court •3 -4 smaller futsal courts also to be lined for Pickleball •The addition of a portable stage also allows for further functionality –events/guest speakers NEW HARD COURT SURFACE Pickering Football Club | FIELD SHIFT & LINE RECONFIGURATIONS Woodbridge Sports Dome Woodbridge Sports Dome