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June 27, 2005
Council Meeting Agenda Monday, June 27, 2005 7:30 PM {I) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Special Meeting of June 13, 2005 Regular Meeting of June 20, 2005 1-4 5-24 (111) PRESENTATIONS Mr. Allan Knight, Co-Chairman, Pickering will be presented with the annual grant cheque for the Ajax Pickering Road Watch Committee. 2. A presentation will be made to Council by the Waterfront Coordinating Committee. (V) RESOLUTIONS PAGE To adopt the Audit Committee Report AC 2005-01, dated June 20, 2005. 25-27 2. To consider Report OES 23-05 regarding Rosebank Road Reconstruction. 28-37 To consider Report OES 22-05 regarding the Supply and Delivery of an Articulating Wheel Loader. 38-44 To consider Report OES 24-05 regarding the Tender for Liverpool Road Nautical Village Boulevard & Streetscape Improvements. 45-56 To consider Report OES 27-05 regarding the Supply and Delivery of a Fire Pumper Vehicle. 57-65 -1- Council Meeting Agenda Monday, June 27, 2005 7:30 PM o 10. 11. To consider Report OES 20-05 regarding Tender for Playground Construction. 66-88 To consider Report CS 54-05 regarding the replacement of 89-96 photocopiers. PAGES 93 TO 96 ARE CONFIDENTIAL To consider Report CS 55-05 concerning 2005/2006 Property and Liability Insurance Program. To consider Report CAO 10-05 concerning the Highway 401 Pedestrian Bridge Project. To consider Report OES 28-05 concerning the Framework for a 5 Year Implementation Plan for Pickering Waterfront and Frenchman's Bay. To be circulated under separate cover. To reconsider Report OES 17-05 concerning Beach Volleyball Partnership Proposal, Diana, Princess of Wales Park. Referred to staff for additional information on June 13,2003 97-127 128-187 188-214 (VI) BY-LAWS By-law 6549/05 Being a by-law to amend Restricted Area Zoning By-law 3036, as amended by By-law 2351/87, to implement the Official Plan of the City of Pickering, Region of Durham, South Part of Lot 17 & 18, Concession 1, (40R-15636, Part 13) & (40R-11780, Parts 1, 2, 3, 4, 5 & 6) & (40R-20443, Parts 1, 3, 5, 6, 7, 8, 9, 10 & 11) & (40R-20443, Part 2) in the City of Pickering. (A 1/05) 215-223 -2- Council Meeting Agenda Monday, June 27, 2005 7:30 PM By-law 6550/05 Being a by-law to amend Restricted Area (Zoning) By-law 2511 and 2520, as amended by 6090/03, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Block 1, Plan 40M2177, Part 9, Plan 40R-22540, in the City of Pickering. (A 07/05) By-law 6551/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Lot 27, Range 3, Broken Front Concession, City of Pickering. (A 01/04) 224-226 227-233 (VII) NOTICE OF MOTION 1. Moved by Councillor Dickerson Seconded by Councillor Brenner WHEREAS the Council of The Corporation of the City of Pickering, on behalf of all its residents, do hereby acknowledge the financial commitment to the Province of Ontario of a gift of $7.5 million dollars towards the Rouge Valley Hospital Foundation; and WHEREAS this gift by Mattamy Homes, Metrus Developments and Lebovic Homes, the three developers of the new Seaton Community, to be built on Provincial lands, is conditional upon the required approvals being granted with-in a specified time frame enabling construction to commence with-in 18 months; and WHEREAS the magnitude of the proposed community of "Seaton" will have a major impact on the tax payers of today and into the future, and WHEREAS the Council for the Corporation of the City of Pickering supports that growth must pay for growth without a negative impact on the existing tax base, and WHEREAS the community of Seaton will require the necessary infrastructure necessitating the construction of new municipal fire halls, arts centre, library, community centres, arena, sports fields, Seniors' 234-235 -3- Council Meeting Agenda Monday, June 27, 2005 7:30 PM facilities, a recreation and wellness complex, parks as well as future options for a new Municipal Complex; and WHEREAS Council believes that the timetable requested by the three builders is achievable if all parties needed for approval work efficiently and effectively; NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Pickering shall assemble a working group comprised of all landowners who shall be involved in the development of Seaton, three Members of Council, one representing each Ward, being Councillor , Councillor Councillor ., three senior administrative staff including the Chief Administrative Officer; and FURTHER THAT this working group shall negotiate the net community benefit to the City of Pickering and its residents and to report to Council on its findings for deliberation, consensus and ratification. Moved by Councillor Johnson Seconded by Councillor Ashe WHEREAS the Durham Regional Police Services Board is comprised of seven members of which one is the Chair of the Regional Municipality of Durham, two are Members of the Council of the Regional Municipality of Durham, one is a resident of the Region but not a Member or employee of the Region and three are appointed by the Lieutenant Governor in Council through the Public Appointments Secretariat; and WHEREAS Mr. Les Fisher, who is a resident of the City of Pickering, was appointed to the Board by the Lieutenant Governor in Council and that appointment expires on July 31, 2005; and WHEREAS Mr. Les Fisher has applied to the Public Appointments Secretariat for re-appointment to the Board and it would be advantageous for the Council of the City of Pickering to support this appointment; 236 -4- Council Meeting Agenda Monday, June 27, 2005 7:30 PM NOW THEREFORE the Council of The Corporation of the City of Pickering hereby supports the re-appointment of Mr. Les Fisher to the Durham Regional Police Services Board; and FURTHER THAT a copy of this resolution be forwarded to: · Public Appointments Secretariat · Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge (IX) OTHER BUSINESS (X) CONFIRMATION BY-LAW (Xl) ADJOURNMENT 5 Special Council Meeting Minutes Monday, June 13, 2005 8:15 pm PRESENT: Mayor Ryan COUNCILLORS: M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ABSENT: Councillor Ashe - Personal Business ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson D. Bentley L. Taylor D. Watrous -, Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Manager, Development Review - Committee Coordinator 1. DELEGATIONS Peter Davidson, Chairman, Board of Directors, St. Martin's Centre, and Rick Bernardy, Agent, advised that this facility is a non-profit organization, located at 1203 St. Martin's Drive, which is administered and funded in part by the Region of Durham through the provision of annual subsidy from block federal funding. He stated that major repairs are needed on the roof of this facility but their capital reserve is insufficient. He requested Council's assistance in acquiring the capital fundin~ needed to compiete urgent and necessary repairs. 00- I-'ICK ERING Special Council Meeting Minutes Monday, June 13, 2005 8:15 pm (11) RESOLUTIONS Resolution #96/05 Moved by Councillor McLean Seconded by Mayor Ryan For Leave to Introduce a motion concerning St. Martin's Centre. CARRIED Resolution #97105 Moved by Councillor McLean Seconded by Councillor Dickerson WHEREAS in February 2002, responsibility and funding of social housing was downloaded from the Province of Ontario to the Regional Municipality of Durham; and WHEREAS at the time of this download, a total of 45 housing providers were downloaded of which 33 were formerly administered through the Province and 12 were formerly administered and funded by the Federal Government through the Canada Mortgage and Housing Corporation (CMHC); and WHEREAS one of the housing providers that was downloaded was St. Martin's Centre located at 1201 St. Martin's Drive which was formerly administered and funded by the CMHC; and WHEREAS the operating agreement as transferred from CMHC to the Province and subsequently to the Regional Municipality of Durham contains no reference for additional funding for capital repairs other than the current amount that the Region is required to provide; and WHEREAS responsibility for major capitat repairs would rest primarily with St. Martin's Centre and indirectly the. Province of Ontario; and WHEREAS capitai improvements at ar~ approximate cost: of $480,000 are needed immediately to address major strucv~ral problems; and Special Council Meeting Minutes Monday, June 13, 2005 8:15 pm WHEREAS the Council of the Regional Municipality of Durham has passed a resolution to advocate to have these capital improvements undertaken as soon as possible and directed Regional staff to support a Federal/Provincial decision to endorse/authorize alternative financing options providing it results in no additional cost to the Region; NOW THEREFORE the Council of The Corporation of the City of Pickering hereby supports the position of the Regional Municipality of Durham to have capital improvements undertaken at St. Martin's Centre as soon as possible; and FURTHER THAT the cost of these capital improvements be borne by the Canada Mortgage and Housing Corporation and/or the Province of Ontario; and FURTHER THAT a bridge loan be provided by the Regional Municipality of Durham to St. Martin's Centre until funds are received from the CMHC or some other level of government; and FURTHER THAT copies of this resolution be forwarded to: Hon. Joseph Frank Fontana, Federal Minister of Labour & Housing · Dan McTeague, MP Pickering-Scarborough East · Mark Holland, MPAjax-Pickering · Canada Mortgage and Housing Corportion · Hon. John Gerretsen, Minister, Municipal Affairs & Housing WayneArthurs, MPP Pickering-Ajax-Uxbridge · Roger Anderson, Chair, Regional Municipality of Durham · Councillor Pat Perkins, Chair, Health & Social Services Committee · Councillor John Mutton, Chair, Finance & Administration Committee · R.J. Clapp, Regional Commissioner of Finance- CARRIED Recorded Vote: Yes: Councillors Brenner, Dickerson, Johnson, McLean, Pickles and Mayor Ryan Absent: Councillor Ashe Ou-~ Special Council Meeting Minutes Monday, June 13, 2005 8:15 pm Resolution #98105 Moved by Councillor Brenner Seconded by Councillor McLean That the Council of The Corporation of the City of Pickering hereby ratifies all matters considered and procedures conducted within the Special Meeting. CARRIED ADJOURNMENT The Meeting adjourned at 8:29 pm DATE MAYOR CLERK PIe KI K1N( Council Meeting Minutes Monday, June 20, 2005 7:40 PM 005 PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson D. Bentley B. Taylor - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Deputy City Clerk ([) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of June 6, 2005 PRESENTATIONS A Youth Heritage Leaaemhi~ Pin ~, Certificate was presented to Beth Wainwright, PICKEKING Council Meeting Minutes Monday, June 20, 2005 7:40 PM Mrs. Thelma Owens, Mr. Tom Reed, Principal, Dunbarton High School and Gord Dyck, President, Pickering Rotary Club, presented a defibrillator for use at the Dunbarton Indoor Pool. (IV) 1. DELEGATIONS Gary Bowen, Toronto and Region Conservation Authority, provided Council with a progress report on the Implementation of a Watershed Plan for Duffins Creek & Carruthers Creek. David Raby, representing the Board of Directors, Pickering Manor for Palliative Hospice Care, provided ~.,oun~l with an overview of the services offered by Pickering Manor. Sylvia Spencer, 771 Sheppard Avenue East, addressed Council with respect to the application for rezoning and draft plan of subdivision at 816 and 852 Kingston Road. She stated that she is opposed to any density that is greater than that provided by singles. She is concerned about parking on the subject lands once it is built and noted that traffic will increase at the intersection of Whites Road and Sheppard Avenue. She noted that noise attenuation has not been properly addressed and she has had to call the Police about activities on Delta Boulevard. She agrees with the removal of the walkway and felt that there should be a double sidewalk along Kingston Road. She further suggested that Block 2 should be increased by 9.8 metres. Lorelei Jones, representing the applicant, addressed Council with respect to the application for rezoning and draft plan of subdivision at 816 and 852 Kingston Road. She stated that the builder will be able to achieve two parking spaces, in tandem, within the garages and stated that she will be submitting a Noise Attenuation Study as part of the subdivision process. Mary Bull, representing First Simcha Shopping Centres Limited, addressed Council with respect to the application for rezoning submitted by RIO CAN at 1755-1805 Pickerin~ Parkway. She stated that she does not agree with the market study that was undertaken by the applicant because it does not provide sufficient consumer research and no peer review was undertaken of the Market S~udy. She statec- that the food store use and department store use should be deleted, however, ifs de~a~me,qt is permitted, it should be limited to a. size no greater thar~ 67,000 square feet until a~ user is identified. PICKEI G 00'7 Council Meeting Minutes Monday, June 20, 2005 7:40 PM (V) RESOLUTIONS Resolution #99105 Moved by Councillor Dickerson Seconded by Councillor Ashe That the Report of the Executive Committee EC 2005-10, dated June 13, 2005, be adopted with the following amendments: Item #3 was divided and Clauses 1 and 2 were ratified and Clause 3 was ratified as amended by referring the amending zoning by-law with respect to Block 2 being the future residential uses to the Council Meeting of June 27, 2005. Item #4 was lost. CARRIED Resolution #99/05(a) Moved by Councillor Ashe Seconded by Councillor Brenner That Item #3 be divided by considering Clauses 1 and 2 separately from Clause #3. CARRIED Resolution #100/05 Moved by Councillor Johnson Seconded by Councillor Pickles That Zonin9 By-Jaw Amendment Application A 1/05, be APPROVED as set out Jn the draft by-law attached as Appendix I to Report PD 29-05, with the deletion of a food store as s permitted use, to amend the existing zoning on the subject iands to permit additional uses and revise leasable floor area provision, on la~ds bein9 South Part of Lot ~7 fo, 18~ Concession t (40R-!56361 Part '~3} & (40R- (40R-20443, Par, 2), in tr~e Git;" of' Picketing; and Council Meeting Minutes Monday, June 20, 2005 7:40 P~I That r. he amending zoning by-iaw ~o impiement Zoning ~y-isw Amendment Application A 1/05, as set out in Appendix I to Report PD 29-05, with the deletion of a food store as a permitted use, be FORWARDED to City Council for enactment. CARRIED Resolution #101/05 Moved by Councillor McLean Seconded by Councillor Pickles WHEREAS in a motion passed on May 31, 2005, the Board of Directors for the Pickering Manor for Palliative Care requested that the Council of the City of Pickering sanction the appointment of Councillor Maudce Brenner to the Board of Directors for Pickering Manor for Palliative Care as the Government Liaison and Media Advisor; NOW THEREFORE The Council of the Corporation of the City of Pickering hereby sanctions the appointment of Councillor Brenner to the Board of Directors for Pickering Manor for Palliative Care as the Government Liaison and Media Advisor; and FURTHER THAT Councillor McLean be appointed as the alternate to Councillor Brenner. CARRIED Resolution #101/05(a) Moved by Councillor Brenner Seconded by Councillor Dickerson That the above resolution be amended to appoint Councillor McLean as the alternate to Councillor Brenner. CARRIED 4 Council Meeting Minutes Monday, June 20, 2005 Counciilor Johnson~ seconded by Councillor Brenner, ~ook ~e~ve ~o ~n~roduce ~-~sws of ~he City ef P~ckedng: By-I~w ~534/05 Being 8 by-I~w ~o ~dop~ ~he esfims~es of ~11 sums required ~o be raised by ~sxsfion for ~he year 2005 8nd ~o establish ~he Tsx ~es necesss~ ~o raise such sums ~nd establish ~he final due d~es for ~he residenfisI, pipeline, fsrmlsnd 8nd msnsged fores~ real~ tax classes. By-law 6535/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in South Pad of Lot 25, Concession I (Village Lot 3), in the Ci~ of Pickering. (A 03/05) By-law 6536/05 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to ~mplement the Official Plan of the City of Pickering, Region of Durham in Pa~ of Lot 19, ~.F.C. Range 3~ ~n the City of P~c~ering. (A 04/05) By-law 6537/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, in the Region of Durham, Lot 16, Plan 329, in the Ci~ of Pickering. (A 09/04) By-law 6538/05 Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Lot 68, Plan M-14, in the City of Pickering. (A 02~05) -5- O _O P!CKE.:.I G Council Meeting Minutes Monday, June 20, 2005 Sv-;aw Being a by-law to amend Restricted Area (Zoning) 8y-taw 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 27, Range 3, Broken Front Concession, City of Pickering. (A 01/04) By-law 6540~05 Being a by-law to assume the roads within Plan 40M-1987 for public use as public highways and to assume the services within Plan 40M-1987 (save and except Block 32) under the jurisdiction of the City of Pickering. By-law 6541/05 Being a by-law to dedicate Block 31, Plan 40M-1987, Pickering as public highway. By-law 6542/05 Being a by-law to authorize the release and removal of the Subdivision Agreement and related Amending Subdivision Agreement from title respecting Plan 40M-1987, Picketing. By-law 6543/05 Being a by-taw to amend By-law 14!6/82 providing for the regulation and licensing of places of amusement. By-law 6544~05 Being a by-law to authorize the preparation, execution and registration of the Release & Abandonment of two easements registered as D314520 and D314521 as they are no longer required for municipal purposes. By-law 6545/05 Being a by-law to alter the wards within the City of Pickering. -6- 0 Counci Meeting Minutes Monday, June 20, 2005 7:40 PM ;3v-;aw 3546/05 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1822 Whites Road). By-law 6547/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6111/03, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 26, Range 3, B.F.C., Lots 127, 128 and 129, Plan 1051, in the City of Pickering. (A 12/05) CARRIED THIRD READING: Councillor Johnson, seconded by Councillor Brenner, moved that By-law Numbers 6534~05, 6535/05, 6536/05, 6537/05, 6538/05, 6539/05, 6540/05, 6541/05, 6542/05, 6543~05, 6544/05, 6,.,4,,/0,,, 6546~05 and 6547/05 be adopted and the said by-laws be now read a third time and PASSED and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED lwl) 1. o OTHER BUSINESS Councillor McLean asked staff to follow up with the Crossing Guard al: Holy Redeemer Separate School with respect to the installation of "No Stopping" signs. Councillor McLean reported that OPG made a significant contribution to the Museum and asked staff to investigate the feasibility of acquiring land from the City of Toronto to the west of the Museum. Councillor Brenner reported that the Region of Durham will be installing speed control signs along Whites Road south of Bayly Street. Councillor Brenner requested staff to repair the asphalt sidewalk on Whites Road, north of Finch Avenue. Councillor Johnson inquired into the status of the upgrade of Sideline 16 as a capital project to be undertaken in 2005. -7- Council Meeting Minutes Monday, June 20, 2005 10. Counciilcr Joimson introduceC z Notice of Motion ~o ~equest ';;he Province extend the appointment of Mr. Les Fisher on the Police Services Board. Councillor Dickerson inquired into the status of the sidewalk to be constructed on Sandy Beach Road as a capital project in 2005. CounCillor Dickerson reported that the first meeting of the Building Committee for the addition to the East Shore Community Centre will be held on Wednesday, June 22, 2005. Councillor Pickles inquired into the status of Council's request to the GTAA and the Federal Ministry of Transport to provide funding for a peer review of the draft Airport Plan and Financial Analysis. He further asked staff to inquire with the GTAA if there is an updated copy of the Financial Analysis. Councillor Ashe congratulated the Vital Links Campaign for raising 20.7 million dollars for the expansion of the Ajax-Pickering Hospital. The following matters were considered prior to the regular meeting: a) The CAO reported that a Report respecting th,e distribution of the Provincial grant for fire services will be on the Agenda for the Council Meeting of July 25, 2005. ,']'he Director, Operations & Emergency Services provided an overview of the Memorandum of Understanding with the Regional Municipality of York dated June 13, 2005. Resolution #102/05 Moved by Councillor Ashe Seconded by Councillor Brenner That the draft Memorandum of Understanding to establish a framework of cooperation between Pickering and York Region in relation to the Duffin Creek Water Pollution Control Plant and the South-East Collector projects as amended by York Region on June 13, 2005 be approved. CARRIED -8- Council Meeting Minutes Monday, June 20, 2005 7;40 P~! d) e) f) g) The Director, Planning & Oeveiopmem ~-epo~tea tha~ ~he Land Division Committee approved Application LD 125/05 submitted by Anna Agraso on behalf of Community Living for Oshawa/Cladngton at 130 Woodview Drive contrary to Pickering's recommendation for refusal. Resolution #103105 Moved by Councillor Brenner Seconded by Councillor Ashe That the Director, Planning & Development be authorized to file a Notice of Appeal to the Ontario Municipal Board respecting the approval of Land Division Committee Application LD 125/05 submitted by Anna Agraso on behalf of Community Living for Oshawa/Clarington at 130 Woodview Drive; and That the appropriate staff of the City of Picketing be given authority to give effect thereto. CARRIED The Director, Planning & Development reviewed four development applications that are scheduled for consideration at the July 25th, 2005 Council Meeting and Members of Council concurred that these items may be on the July 25th agenda. The Division Head, Corporate Projects & Policy reported that the Province will be releasing its plan for Seaton under the Ontario Planning & Development Act on July 14, 2005. Councillor Pickles requested that staff proceed with Council's Freedom of Information request to the Province and specifically request a copy of the Land Exchange Agreement. Councillor Brenner stated that Council should proceed with its complaint to the Ontario Ombudsman once the required actions have been taken by the Province when it releases its plan under the Ontario Planning & Development Act on July 14th. -9- Counci Meeting Minutes Monday, June 20, 2005 7;40 g) .Counciiicr Johnson; ' ¢ ~4 - ,epc~e~ that at a ¢ecen~ ;'~eeting o~' the Rouge Park Alliance, a motion was made by an alternate member from Markham to oppose Pickering's actions regarding the Agricultural Preserve. This motion was reconsidered and referred back to Alliance staff. Resolution #104/05 Moved by Councillor Ashe Seconded by Councillor Dickerson That Council meet In Camera at 7:25 pm. CARRIED Members of Council considered a Confidential Report respecting negotiations with the Pickering Professional Firefighters Association. ii) It was the consensus of Council that the CAO lobby through the Provincial CAO's Association for Province-wide bargaining with firefighters. Resolution #105105 Moved by Councillor McLean Seconded by Councillor Brenner That Council rise from the In Camera Session at 7:38 pm. CARRIED (VIII) CONFIRMATION BY-LAW By-law Number 6548105 Councillor Johnson, seconded by Councillor Pickles, moved for leave to introduce a By- law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of June 20, 2005. CARRIED -10- P!CKE..I~% 0~,5 'Council Meeting Minutes Monday, June 20, 2005 7:40 A~,~OUANMEi~i ! The Meeting adjourned at 9:14 pm. DATED MAYOR CITY CLERK -11 - (~h PICKE G A~pe~ndiz i Executive Committee Report EC 2005-I O That 'the '-" ""' ,~ =~,ecu~ve Committee of the Cib/of Pickerin(~ having met on ,June t3, 2005, ;2resents its tenth report to Council and recommends: 'I. PLANNING & DEVELOPMENT REPORT PD 24-05 ZONING BY-LAW AMENDMENT APPLICATION A 04/05 EVANGELICAL CHURCH OF GOD 905 DILLINGHAM ROAD, UNIT 14 (PART OF LOT 19, B.F.C. RANGE 3) (UNIT 14, LEVEL 1, DURHAM CONDOMINIUM PLAN 105) That Zoning By-law Amendment Application A 04~05, be APPROVED to add a place of religious assembly as a permitted use on lands being Part of Lot 19, B.F.C. Range 3 (Durham Condominium Plan 105), City of Pickering, submitted by L. James on behalf of the Evangelical Church of God; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 04~05, as set out in Appendix I to Report PD 24-05, be FORWARDED to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 25-05 ZONING BY-LAW AMENDMENT APPLICATION A 03/05 BRENT JONES & BONNIE ROBERTS 1051 DUNBARTON ROAD SOUTH PART OF LOT 25, CONCESSION 1 (VILLAGE LOT 3) That Zoning By-law Amendment Application A 03~05 be APPROVED to add detached dwelling residential use as a permitted use on lands being South Part of Lot 25, Concession 1 (Village Lot 3), City of Pickering, submitted by B. Jones & B. Roberts. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03/05, as set out in Appendix I to Report PD 25-05, be FORWARDED to City Council for enactment. -12- A;pendix i Executive Committee Repo ,"--C 2005-I0 P!_~ANNING & DEVELOPMENT REPORT PD 23-05 ~Y-L'A¥\IAMENDM,-N APPLICATION A 01/04 ~_ LJi~I I I'~t~ . DRAFT PLAN OF SUBDIVISION SP-2004-01 816 KINGSTON ROAD (PICKERING) LIMITED & 852 KINGSTON ROAD (PICKERING) LIMITED 816 & 852 KINGSTON ROAD (PART OF LOT 27, RANGE 3, B.F.C.) That Draft Plan of Subdivision SP-2004-01 be APPROVED AS REVISED for two blocks, for the development of commercial uses and future residential uses, submitted by Lorelei Jones & Associates on behalf of 816 Kingston Road (Pickering) Limited and 852 Kingston Road (Pickering) Limited, on lands being Part of Lot 27, Range 3, B.F.C., City of Pickering, subject to conditions outlined in Appendix I to Report PD 23-05; and That Zoning By-law Amendment Application A 1/04, be APPROVED AS REVISED to establish performance standards to permit the development of Draft Plan of Subdivision SP-2004-01 for one block for retail, commercial and office uses fronting Kingston Road, and one block for future residential use as submitted by Lorelei Jones & Associates on behalf of 816 Kingston Road (Pickering) Limited and 852 Kingston Road (Pickering) Limited, on lands being Part of Lot 27, Range 3, B.F.C., City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 1/04, be APPROVED for commercial uses (Block 1) and be REFERRED to the Council Meeting Meeting of June 27, 2005 for future residential uses (Block 2), be FORWARDED to City Council for enactment. As amended PLANNING & DEVELOPMENT REPORT PD 29-05 ZONING BY-LAW AMENDMENT APPLICATION A 01/05 R.R.V.P. PICKERING WEST INC. (RIO CAN) 1755- 1805 PICKERING PARKVVAY SOUTH PART OF LOT 17 & 18, CONCESSION 1 (40R-15636, PART 13) & (40R-11780, PARTS 1, 2, 3, 4, 5 & 6) & (40R-20443, PARTS 1, 3, 5, 6, 7, 8, 9, 10 & 11) (40R-2044:3, PART 2) That Zoning By-law Amendment Application A 1/05, as set out in the draft by- law attached as Appendix I to Report PD 29-05, to amend the existing zoning on the subject lands to permit additional uses and revise leasable floor area provisions, on lands being South Part of Lot 17 & 18, Concession 1 (40R- -13- 01 9 ?ICK EI, I G Executive Committee Report EC 2005-I0 . . ,/80 Parts t 2. 4, 5 & 6'~ & 40R-20443, Parts 1 15636, Pan 13) & (z0R-'! 3,5,'"a, ......./,$.~,i0& ~ ... "&(40R-20443, Pan: 2), in the City cf ~ickering, be NOT APPROVED. LOST PLANNING & DEVELOPMENT REPORT PD 27-05 ZONING BY-LAW AMENDMENT APPLICATION A 09~04 812723 ONTARIO INC. 157 - 165 FINCH AVENUE SOUTHEAST CORNER OF WOODVlEW AVENUE AND F~NCH AVENUE (LOT 16, PLAN 329) That Zoning By-law Amendment Application A 09/04 be APPROVED to amend the zoning of the subject property to permit the development of five detached residential dwellings on lot with minimum frontages of 15.0 metres as submitted by Martindale Planning Services on behalf of 812723 Ontario Inc., on lands being Lot 16, Plan 319, City of Pickering, subject to the conditions outlined in Appendix I to Report PD 27-05; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 09/04, as set out in Appendix II to Report PD 27-05, be FORWARDED to City Council for enactment; and That the request made by Martindale Planning Services on behalf of 812723 Ontario inc., to permit the division of the subject lands, 157 - 165 Finch Avenue, being Lot 16, Plan 329, City of Pickering through land severance, rather than by draft plan of subdivision, be APPROVED,. PLANNING & DEVELOPMENT REPORT PD 28-05 ZONING BY-LAW AMENDMENT APPLICATION A 02~05 PAUL & ROCHELLE AVIS 931 LIVERPOOL ROAD (LOT 68, PLAN M-14) 1. That Zoning By-law Amendment Application A 02/05 be APPROVED, to permit the establishment of a day spa use on the subject property, as submitted by Paul and Rochelle Avis, on lands being Lot 68, Plan M-14, City of Pickering; and -14- P ICKER1NG Appendix i Executive Committee Report EC 2005-10 That the amending zoning by-law, to implement Zoning By-law Amendment . ,,~,,.,,~, as set out in Appendix ~ to R.epo~ 28-05, ~e FORWARDED to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 30-05 ZONING BY-LAW AMENDMENT APPLICATION A 07/05 MARSHALL HOMES (VILLAGE) LTD. 1295 WHARF STREET PART OF BLOCK 1, PLAN 40M-2177, PART 9, PLAN 40R-22540 That the subject lands be rezoned to expand the floor space of a permitted business office to include the second and third floor of the existing dwelling and to amend the parking requirements for the property known as 1295 Wharf Street, Unit 9; and 2. That the number of parking spaces introduced within the boulevard on the south side of Wharf Street be limited to a maximum of 4 parking spaces; and That the parking space alteration be subject to the applicant entering into an encroachment agreement with and to the satisfaction of the City of Pickering; and 4. That the parking space alteration be subject to site plan approval to the satisfaction of the City of Pickering; and 5. That all costs associated with the introduction of 4 parking spaces within the Wharf Street Boulevard be the responsibility of the applicant; and 6. That site specific zoning be enacted for this property location; and 7. That an amending by-law be forwarded to City Council for enactment. OPERATIONS & EMERGENCY SERVICES REPORT OES 21-05 ARCHITECTURAL SERVICES -SENIORS ACTIVITY CENTRE AND PICKERING RECREATION COMPLEX 1. That Report OES 21-05 regarding Architectural Services, be received; and 2. That the proposal submitted by Stone McGuire Vogt Architect to provide architectural services for the design of a second floor addition and parking lot expansion for the Seniors Activity Centre, be accepted; and -15- Executive Comrnittee Report EC 2005-I0 o o 7hat the total ~ross ~,r.,je.., ~.,..x of $66,340 and a net project cost of $62,000 including consulting fees and other project costs for the architectural services for the Seniors Activity Centre, be approved; and That the proposal submitted by Jurecka + Associates Architects Inc. to provide architectural services for the design of doubles squash courts and aerobics studios at the Pickering Recreation Complex, be accepted; and That the total gross project cost of $173,307 and a net project cost of $161,970 including consulting fees and other project costs of the architectural services for the Pickering Recreation Complex, be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the Pickering Recreation Complex architectural service as follows: a) The costs of this phase of the project be temporarily financed internally until the permanent financing for the capital construction, when approved by Council, is undertaken; and b) Debt financing through the Region of Durham in the amount of $160,000 for a period not exceeding 10 years at a rate to be determined, with the balance of $1,970 and any financing costs to be paid from current revenues; and c) Financing and repayment charges in the amount of approximately $20,470 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and d) The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for 2005 as established by the Province for municipalities in Ontario; and e) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 7. That staff at the City of Pickering be given the authority to give effect thereto. -16- Executive Committee Repo OPEP-~TtONS & EMERGENCY SERVICES REPORT O'ES !9-05 TENDER i'.~O~ -r~_,?_~,onn~ _ ~ ~NDER FOR SURFACE ,""r, R~TMEN ~ ,~^' ' ' ~ SEVENTH CONCESSION ROAD, HOXTON STREET AND WESTNEY ROAD 1. That Report OES 19-05 regarding the Surface Treatment Works for Seventh Concession Road, Hoxton Street and Westney Road, be received; and That Tender No. T-7-2005 submitted by Miller Paving Ltd. for Surface Treatment Works for Seventh Concession Road, Hoxton Street and Westney Road in the amount of $262,701.50 with an adjustment (increase) estimated cost of $80,000 for additional roadway excavation and granular base restoration, for a total of $342,701.50 ($366,690.60 G.S.T. included), be accepted; and That the total project cost of $435,384 including the tender amount, and other associated costs and a net total cost after rebates of $406,901, be approved; and That the amount of $175,000 for Seventh Concession Road to be funded from Debt Financing (10 Year), and the amount of $231,901 for Hoxton Street and Westney Road to be funded from Easement Settlement Agreement Reserve, be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debentures through the Region of Durham; and a) That debt financing not exceeding the amount of $175,000 for a period not exceeding 10 years, at a rate to be determined; and b) That financing and repayment charges in the amount of approximately $22,390 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2005 as established by the Province for municipalities in Ontario; and d) That the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and -17- A~endi× i ×ecufive Committee EC 2005-~ 0 ',3. That the s~propriate City of Pickering ;~ecessac'y action to bring effect 'thereto. officials be authorized to '' ~.aKe 10. CORPORATE SERVICES REPORT CS 48-05 SECTION 357/358 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES That Report CS 48-05 of the Director, Corporate Services & Treasurer, be received; and That the write-off of taxes as provided under Section 35171358 of the Municipal Act, 2001, be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. CORPORATE SERVICES REPORT CS 49-05 SECTION 357/358 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES That Report CS 49-05 of the Director, Corporate Services & Treasurer, be received; and That the write-off of taxes as provided under Section 357/358 of the Municipal Act, 2001, be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 12. CORPORATE SERVICES REPORT CS 47-05 2005 APTA BUDGET That Report CS 47-05 from the Director, Corporate Services & Treasurer be approved; and a) That Pickering Council reconfirm its 2005 financial commitment for the funding of APTA: Current Budget in the amount of $3,760,939 and Capital Budget in the amount of $2,092,838 for a total of $5,853,777, be approved; and -18- Apper~iz Executive Committee Report EC 2005-! That the funding for 2005 APTA capital inc!udes the Region of Durham assuming progress payments in the amount of $1,178,006 when 'title the new buses is transferred to the Region on January I, 2006; and c) That the Treasurer be authorized to fund Pickering's share of any over expenditure or shortfall in revenue in APTA's operations by a transfer from the Transit Reserve; and That the appropriate staff of the City of Pickering be given authority to give effect thereto. 13. CORPORATE SERVICES REPORT CS 50-05 INVESTMENT PORTFOLIO ACTIVITY FOR THE YEAR ENDED DECEMBER 31, 2004 1. That Report CS 50-05 of the Director, Corporate Services & Treasurer, be received by Council for information. 14, CORPORATE SERVICES REPORT CS 45-05 APPOINTMENT TO ENFORCE THE PARKING BY-LAW AT 1822 WHITES ROAD That Report CS 45-05respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property, be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, be forwarded to Council for approval;, and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 15. CORPORATE SERVICES REPORT CS 38-05 2005 TAX RATES FOR ALL CLASSES OF PROPERTY AND FINAL TAX DUE DATES FOR ALL REALTY CLASSES EXCEPT FOR COMMERCIAL, INDUSTRIAL & MULTI-RESIDENTIAL REALTY CLASSES 1. That Report CS 38-05 of the Director, Corporate Services & Treasurer, be received; and -19- 024 PICKEI G Apper~di× i Executive Committee Report EC 2005-!~ That the 2005 Residential tax rates for the City of Pickering, be approved as contained in Schedule A to 8y-iaw 8534/05, attached hereto; ,and That the tax levy due dates for the Final Billing be July 15, 2005 and September 29, 2005 excluding the industrial, multi-residential and commercial realty tax classes; and That the attached By-law 6534/05, providing for the imposition of the tax rates approved under Recommendation 1 above, be read three times and approved; and That the Director, Corporate Services & Treasurer, be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; and That the Director, Corporate Services & Treasurer, be authorized to make any changes to the final tax rates to comply with Provincial regulations; and 8. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 16. PROCLAMATIONS: "NATIONAL MARINA DAY" "FALL PREVENTION WEEK" That Mayor Ryan be authorized to make the following proclamations: "National Marina Day"-August 13, 2005 "Falls Prevention Week" - October 16 - 22, 2005 17. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 09-05 FIRE PROTECTION AND COMMUNITY EMERGENCY MANAGEMENT (MOU) CITY OF PICKERING AND ONTARIO POWER GENERATION That the recommendation set out in Confidential Report CAO 09-05 regarding a Fire Protection and Community Emergency Management (MOU) be adopted, as amended. - 20 - RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Audit Committee AC 2005-01, dated June 20, 2005, be adopted. ~ Appendix I Audit Committee Report AC 2005-01 That the Audit Committee of the City of Pickering having met on June 20, 2005, presents its first report to Council and recommends: CORPORATE SERVICES REPORT CS 52-05 2004 YEAR-END AUDIT 1. That Report to Council CS 52-05 of the Director, Corporate Services & Treasurer, be received and referred to Council for information; and 2. a) That the Auditor's Report to the Audit Committee as submitted by Deloitte & Touche, be received for information; and b) That the Management Letter from the Auditor be referred to the Director, Corporate Services & Treasurer for any further action deemed necessary and report back to the Committee; and 3. That the 2004 draft Audited Financial Statements for the City of Pickering be received and forwarded to Council for information. 2004 FINANCIAL INFORMATION RETURN That the 2004 Financial Information Return be received and forwarded to Council for information. APTA 2004 FINANCIAL STATEMENTS That the 2004 APTA Financial Statements be received and forwarded to Council for information. CORPORATE SERVICES REPORT CS 08-05 ROLE OF AUDIT COMMITTEES That Report CS 05-05 of the D,re~,tor, Corporate Ser~?ices concernin9 the Roie of Audit Committees, be receiveo for information. PI( K EI,dN C; Appendix I Audit Committee Report AC 2005-01 CORPORATE SERVICES REPORT CS 12-05 LEASE FINANCING POLICY That Report CS 12-05 of the Director, Corporate Services concerning Financing Policy, be received for information. Lease CORPORATE SERVICES REPORT CS 19-05 SERVICE DELIVERY AND REPORTING REVIEW FOR MUNICIPALITIES That Report CS 19-05 of the Director, Corporate Services concerning Service Delivery Review and Reporting for Municipalities, be received and forwarded to Counci~ for information. CORPORATE SERVICES REPORT CS 20-05 2003 AUDIT MANAGEMENT LETTER - CONTRACT GUARANTEES That Report CS 20-05 of the Director, Corporate Services concerning 2003 Audit Management Letter - Contract Guarantees, be received for information. LETTER FROM THE MINISTRY OF MUNICIPAL AFFAIRS & HOUSING DATED JANUARY 27, 2005 That the letter from the Ministry of Municipal Affairs and Housing dated January 27, 2005 concerning the 2004 Financial Information Return (FIR), be received for information. RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report OES 23-05 regarding Rosebank Road Reconstruction, be received; and That Tender No. T-6-2005 submitted by Harnden & King Construction Inc. for the Rosebank Road Reconstruction in the amount of $339,724.23 (G.S.T. included) and a net cost after G.S.T. rebate of $317,499.28, be accepted; and That the total project cost of $374,500.00 including the tender amount, other associated costs and G.S.T., and a net total project cost after rebates of $350,000.00, be approved; and That the total costs of $87,500.00 to be funded by Development Charges Reserve Fund and $262,500.00 to be funded by Development Charges - City's Share Reserve, be approved; and That the appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 23-05 Date: June 8, 2005 From: Richard Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Tender No. T-6-2005 - Tender for Rosebank Road Reconstruction Recommendation: That Report OES 23-05 regarding Rosebank Road Reconstruction be received and that; Tender No. T - 6 - 2005 submitted by Harnden & King Construction Inc. for the Rosebank Road Reconstruction in the amount of $339,724.23 (G.S.T. included) and a net cost after G.S.T. rebate of $317,499.28 be accepted; The total project cost of $374,500 including the tender amount, other associated costs and G.S.T., and a net total project cost after rebates of $350,000 be approved; The total costs of $87,500 to be funded by Development Charges Reserve Fund and $262,500 to be funded by Development Charges - City's Share Reserve be approved; The appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. Executive Summary: As part of the 2005 External Subdivision Works Capital Budget, Rosebank Road Reconstruction was identified as a construction project. Tender T-6-2005 was issued on May 13, 2005 and closed on June 1, 2005 with seven bidders responding. The total project cost is estimated to be $374,500 for an estimated net cost to the City of $350,000 (net of G.S.T. rebate). Staff have been directed to report to Council on the results of the tender and financing in order to proceed with this project in a timely manner. Report OES 23-05 Subject: Tender T-6-2005 Tender for Rosebank Road Reconstruction Date: June 8,2005 Page 2 Financial Implications: 1. TENDERED AMOUNT T-6-2005 $317,499.28 G.S.T. 22,224.95 Sub-Total 339,724.23 G.S.T. Rebate (22,224.95) Total $317,499.28 APPROVEDSOURCE OFFUNDS: 2005ExternalSubdivision WorksCapitalBudgetAccount2321-6003 Location Rosebank Road Proiect Code 05-2321-001-29 Source of funds Development Charges Available 350,000 FUNDS AVAILABLE $350,000 ESTIMATED PROJECT COSTING SUMMARY %6-2005 - Rosebank Road Reconstruction Sub-Total Associated Costs Consultant Fees (detailed design) Utility Relocations Materials Testing Miscellaneous Costs Project Contingency Total G.S.T. Total Gross Project Cost G.S.T. Rebate Total Net Project Cost 317,500 $317,500 6,000 14,500 3,500 2,500 6,000 350,000 24.500 374,500 (24,500) $350,000 Report OES 23-05 Subject: Tender T-6-2005 Tender for Rosebank Road Reconstruction Date: June 8, 2005 Page 3 Project Cost over (under) Approved Funds $(0) The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditures contained in this report and has provided the financing recommendations. Background: In 2004 The City of Pickering and CN Rail entered into a joint tender to rehabilitate and widen the existing bridge deck on Rosebank Road north of Sheppard Avenue. The bridge widening was identified as a project in the External Subdivision 2004 Capital Budget. The original tender called by CN Rail included the bridge deck rehabilitation and widening, the reconstruction of the existing roadway approaches and street light improvements. The Iow tender by Belor Construction exceeded the available funding for 2004 and subsequently the roadway approaches and street lighting improvements were removed from that tender. Funds were budgeted in 2005 for the completion of these works in the External Subdivision Capital Budget. Bids for Tender No T-6-2005 were received on Wednesday, June 1, 2005. Seven (7) companies submitted bids at the time of closing. The Iow bidder, Harnden & King Construction Inc. has completed similar projects for the City in the past, the most recent under Tender T-10-2001 Road Improvements, Rosebank Road, Finch Avenue southerly to CNR bridge, and are deemed acceptable by the Supervisor, Engineering & Capital Works. The Health & Safety Policy, the Cost & Frequency Report and Clearance Certificate issued by Workplace Safety & Insurance Board, as submitted by Harnden & King Construction Inc., have been reviewed by the Safety & Training Coordinator and are deemed acceptable. Credit information as provided by Dunn & Bradstreet for Harnden & King Construction Inc. has been reviewed by the Purchasing Analyst and in conjunction with staff's review of reference information and the bonding available on this project, is deemed acceptable. Upon careful examination of all tenders, and relevant documents received, the Operations & Emergency Services Department, Municipal Property & Engineerin~ Division recommends the Iow bid submitted by Harnden & King Construction Inc. for Tender No. T-6-2005 in the amount of $339,724.23 (G.S.T. included) and the net totai ~,o.v~,~ cost of $,~O,OOu be approved. This report has been prepared in conjunction with the Manager, Supply & Services who concurs with the foregoing. Report OES 23-05 Subject: Tender T-6-2005 Tender for Rosebank Road Reconstruction Date: JUne 8, 2005 Page 4 Attachments: Location Map Record of Tenders Opened and Checked Supply & Services Memorandum Prepared By: Darrell B. Selsky Supe~isor, Engineering & ~apital Works Vera A. Fe'lgemacher Manager, Supply & Services Approved / Endors, By: Everett ~sma Director, Operations & Emergency Services Gillis A. Paterson Director, Corporate Services & Treasurer Ric.h/Td"W. ~-Io~brr~, P.Eng. D~ioion Head, Municipal Property & Engineering DS:ko Attachments Copy: Chief Administrative Officer Recommended for' the considerstio~ of ,~ici;eri~ City Thema'~ J. QuinnJChie:f Admi'~'ist~ative Office~ MUNICIPAL PROPERTY & ENGINEERING Attachment For Tender T-6-2005 ROSEBANK ROAD RECONSTRUCTION (DUE TO CNR BRIDGE REHABILITATION) i '~ CANADIAN FOXWOOD ,~____ NA~'~-IOk~AL,, ' . ,7 A RAILWAYES ~ 0 2~ Z b9 O SHEPPARD AVENUE PLACE IRAINY DAY I / '~ I LOCATION MAP PROPOSED CONSTRUCTION INCLUDES: Road Reconstruction - Reconstruction of road / curb & gutter, on either side of the bridge (including asphalt and granulars as required) Sidewalk Construction -Reconstruction of concrete sidewalk (both sides) PROJECT CODE: 05-2321-001-29 I tA!ract~ments tot Tenderst2OO5'~T-6-2005 - F~ose~ank i~oad CNR Brlr,,ge CORPORATE SERVICES DEPARTMENT MEMORANDUM 035 June 3,2005. To: Richard Holborn Division Head Municipal Property & Engineering Darrell Selsky, Supervisor Engineering & Capital Works From: Vera A. Felgemacher Manager, Supply & Services Subject: Tender for Rosebank Road Reconstruction Tender No. T-6-2005 Closing: Wednesday, June 1,2005, 2:00 pm Tenders have been received for the above project. Seven (7) companies were invited to participate. An advertisement was placed in the Daily Commercial News, News Advertiser Community Page and on the City's Website all of which yielded interest from additional bidders. Fifteen (15) bidders picked up tendering documents for a non-refundable fee of $75.00 per set of which seven (7) responded and one (1) is unable to bid. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010-001, Item 10.03 (r).provides checking tendered unit prices and extensions; unit prices shall govern and extensions will be corrected accordingly, which has been done. Richard Holborn T-6-2005 June 3,2005 Page 2 Summary (PST included, GST included) Company Harnden & King Construction Inc. Hard-Co Construction Ltd. Miller Paving Limited Montgomery MacEwen Contracting Ltd. Elirpa Construction & Materials Ltd. Total Tendered Amount $ 339,724.23 346,496.70 376,929.21 384,089.10 After Calculation Check $ 339,724.23 346,496.70 376,929.21 384,089.10 386,87O.75 386,870.75 Mopal Construction Ltd. 415,909.00 415,909.00 616183 Ontario Inc. 409,350.17 417,439.36 o/a Hollingworth Construction Co. Ron Robinson Limited UNABLE TO BID The Health & Safety documents for Harnden & King Construction Inc. have been reviewed by the City's Coordinator, Health & Safety and are acceptable. A Dun & Bradstreet report for Harnden & King Construction Inc. will be requested of the Purchasing Analyst and a summary will be provided to you during the evaluation phase of this tender call. Please review the copy of the bid. Include the following items in your Report to Council: (a) include Coordinator, Health & Safety comments; (b) any past work experience Harnden & King Construction Inc. including work location; (c) without past work experience, if reference information is acceptable; ~ ..... ~,~,,~,~ a~un, ,,~,,,~] which th~s work is to be char~ed; (e) the budget amount(s) assigned thereto; - ~ inan .... ~ (f) TreasureFs confirmation of funding including referenoe fo Debf =' ~no if ~ppiio~bie: Richard Holborn T-6-2005 June 3,2005 Page 3 0 3 7 (g) (h) (i) related departmental approvals; any reason(s) why the Iow bid of Harnden & King Construction acceptable; and related comments specific to the project. Inc. is not If you require further information, please feel free to contact me. Vera A. Felg~macher / Manager, Supply & Services /bt Attachments Copy for: Director, Operations & Emergency Services 038 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report OES 22-05 regarding the supply and delivery of an ^rticulating Wheel Loader, be received; and That Quotation No. Q-20-2005 submitted by Strongco Equipment for the supply and delivery of an Articulating Wheel Loader, 2005 Case Model 621XT in the amount of $122,997.00 (after trade-in) (GST and PST extra) be accepted; and That the total gross purchase cost of $141,446.55 and a net purchase cost of $132,836.76, be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; and a) That debt financing through Region of Durham in the amount of $132,000.00 for a period not exceeding five years, at a rate to be determined be approved; and the balance of approximately $840.00 plus financing costs be financed from current funds; and b) That financing and repayment charges in the amount of $29,693.00 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continue thereafter until the loan is repaid; and 033 c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2005 as established by the Province for Municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and That staff at the City of Pickering be given the authority to give effect thereto. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 22-05 Date: June 7, 2005 Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Supply and Delivery of Articulating Wheel Loader Quotation No.Q-20-2005 Recommendation: That Report OES 22-05 regarding the supply and delivery of an Articulating Wheel Loader be received and that; Quotation No. Q-20-2005 submitted by Strongco Equipment for the supply and delivery of an Articulating Wheel Loader, 2005 Case Model 621XT in the amount of $122,997.00 (after trade-in) (GST and PST extra) be accepted; and The total gross purchase cost of $141,446.55 and a net purchase cost of $132,836.76 be approved; That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; and a) Debt financing through Region of Durham in the amount of $132,000.00 for a period not exceeding five years, at a rate to be determined be approved; and the balance of approximately $840 plus financing costs be financed from current funds. b) Financing and repayment charges in the amount of $29,693.00 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continue thereafter until the loan is repaid; and c) The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annua! repayment limit for' debt and other financial obligations for 2005 as established by the Province for Municipalities in Ontario; ant; d) The Treasurer be authorized to take any actions necessary in order to effect the foregoing: and 5. Staff at the City of Pickering be given the authority to give effect thereto. Report: OES 22-05 Subject: Supply and Delivery of Articulating Wheel Loader Quotation Nc.Q-20-2005 Date: June 7, 2005 Page 2 Executive Summary: Not Applicable Financial Implications: 1. Approved Source of Funds: Account 2004 Capital Budget 2320/6178 Project Code 04-2320-004-01 Amount $160,000.00 Estimated Purchase Costing Summary Q-20-2005 Articulating Wheel Loader Trade In of Unit# 118 Sub Total G.S.T. P.S.T. Total Purchase Cost G.S.T. Rebate Net Purchase Cost $139,497.00 ($16,500.00) $122,997.00 $8,609.79 $9,839,76 $141,446,55 $8,609.79) $132,836.76 Purchase Cost (under) over Approved Funds ($27,163.24) The (Acting) Superintendent, Municipal Operations has determined the trade-in offered by Strongco Equipment is fair and equitable, therefore, it is recommended the trade-in offer be accepted in lieu of sending used loader to public auction. The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditures contained in this report and concurs. Background The purchase of an Articulating Wheel Loader was approved by Council in the 2004 Capital Budget, to replace the City's unit # 118, a 1985 Case Articulating Wheel Loader. The Corporate Services Department, Supply & Services Section invited five (5) vendors to participate in the Diddin9 process through Quotation Q-20-2005 utilizing, specifications compiled by Fieet Operations',. Four (4) responses were received, and quotations are irrevocable for 60 days after May 6, 2005. Upon careful examination of all quotations received by Supply & Services and field evaluation of the offered equipment, the Municipal Property & Engineering Division recommends acceptance of the iow bid submitted by Strongco Equipment in the amount of $122,997.00 after trade-in, PST and GST extra and that the total net purchase cost of CORP0227-07/01 04' Report: OES 22-05 Subject: Supply and Delivery of Articulating Wheel Loader Quotation No.Q-20-2005 Date: June 7,2005 Page 3 $132,836.76 be approved. This report has been prepared in conjunction with the Manager, Supply & Services who concurs with the foregoing. Attachments: 1. Supply & Services Memorandum Prepared By: Approved By: ""Grant s~nith (Acting) Su~perintendent, Municipal ~perations Evereff~Bdntsma-,/ Direct~?i Operations & Emergency Services Vera Felgernacher. Manager, Supply & Services Gillis A. Paterson Director, Corporate Services & Treasurer RiclCard W. H,gC~)orn, P. Eng. Div',Cion Head Municipal Property & Engineering GS Attachments Copy: Chief Administrative Officer Recommended; for the consicieratio~ of Pickerin~ City Council The'h~¢ 3~ ~uinn, Chief Administrative Officer CORP0227-07/0'i May 11, 2005 CORPORATE SERVICES DEPARTMENT MEMORANDUM To: Richard Holborn Division Head, Municipal Property & Engineering From: Bob Kuzma Purchasing Analyst Subject: Quotation No. Q-20-2005 Supply & Delivery of Articulating Wheel Loader Closing: May 6, 2005 - 12:00 noon Quotations have been received for the above project. Five (5) companies were invited to participate of which two (4) have responded. Quotations are irrevocable for 60 days after the official closing date and time. Copies of the quotations are attached for your review along with the summary of costs. Each line item provides a space for the vendor to indicate a "Yes, No, Specify" response to provide the City with information and details to subjectively review each line item and the sum total of all specifications. The following is a summary of quotations. SUMMARY CASH PURCHASE Vendor Base Price Optional Sub Total P.S,T G.S.T. Total Incl. AC tax Trade In Strongco Equipment $139,497.00 ($16,500.00) $122,997.00 $9,839.76 $8,609.79 $141,446.55 Ontrac Equipment $i49,644.00 ($15,000.00) $134,644.00 $10,771.52 $9,425.08 $154,840.60 I _ Amaco . '~ ' /e13 000.00'~ $14I ,303.00 $1~,304.24 ~,~,o~ 1 $162,498.45 i Equipment :~ $I54'30°'00 i ~'~ Toromont Cat $t60,679.00 ($12,000.00';, i45,679.00 $i !,894.32 i0,407.53 $170,980.85 044 Q-21-2005 - Supply and Deliver % ton 4x4 Pickup Truck 2,, oi __._.~_ May 11, 2005 Page 2 The quotation submitted by Strongco Equipment is the Iow quotation and is subject to further evaluation of the equipment specifications. If a demonstration unit is required during the evaluation phase, please advise and I could make this request of the bidder, pursuant to Standard Quotation Terms & Conditions Item 17- Samples which includes: Samples when required must be submitted strictly in accordance with instruction. If sample are requested subsequent to opening of quotations, they shall be delivered within three (3) working days following the request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the Bidder's expense. Please provide your recommendation and if necessary, any reason the quotation from Strongco Equipment is not acceptable. In accordance with Purchasing Policy Item 04.05, an award in excess of $81,000 is subject to Council approval. Please do not disclose pricing to enquiring bidders at this time. Bidders will be advised of the outcome. If you require further information or assistance during the evaluation phase of this quotation call, please feel free to contact me at extension 2131. /bk Attachments 4 (/ O45 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY 1. That Report OES 24-05 regarding the tender for Liverpool Road Nautical Village Boulevard & Streetscape Improvements, be received; and That Tender No. T-3-2005 submitted by Mopal Construction Limited for Liverpool Road Nautical Village Boulevard & Streetscape Improvements in the amount of $700,715.18 (G.S.T. included) for Option 1 and a net cost after G.S.T. rebate of $654,874.00 be accepted; and That the total project cost of $903,159.00 including the tender amount, and other associated costs and a net total project cost of $844,074.00 (after G.S.T. rebates), be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debentures through the Region of Durham; and a) That debt financing not exceeding the amount of $700,000.00 for a period not exceeding 20 years, at a rate to be determined; and b) That the unspent amount of $40,755.00 from the 2003 budgeted project Liverpool Road Millennium Square project code 03-2320-008-02, originally debt-financed in 2004 together with, the unspent amount of $103,319.00 from the completed project Audley Road south of Highway #7; (10-Year Debt, financed in 2004) be applied to the project; and 043 c) That annual repayment charges in the amount of approximately $58,333.00 be included in the annual Current Budget for the City of Pickering commencing in 2006, and any financing cost, continuing thereafter until the loan is repaid; and d) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2005 as established by the Province for municipalities in Ontario; and e) That the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. REPORT TO EXECUTIVE COMMITTEE Report Number: OES 24-05 Date: June 17, 2005 047 From: Richard Holborn, P.Eng. Division Head Municipal Property & Engineering Subject: Tender No. T-3-2005 - Tender for Liverpool Road Nautical Village Boulevard & Streetscape Improvements Recommendation: That Report OES 24-05 regarding the tender for Liverpool Road Nautical Village Boulevard & Streetscape improvements be received and that; Tender No. T - 3 - 2005 submitted by Mopal Construction Limited for Liverpool Road Nautical Village Boulevard & Streetscape Improvements in the amount of $700,715.18 (G.S.T. included) for Option 1 and a net cost after G.S.T. rebate of $654,874.00 be accepted; The total project cost of $903,159 including the tender amount, and other associated costs and a net total project cost of $844,074 (after G.S.T. rebates) be approved; Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debentures through the Region of Durham; and a) debt financing not exceeding the amount of $700,000 for a period not exceeding 20 years, at a rate to be determined; and b) the unspent amount of $40,755 from the 2003 budgeted project Liverpool Road Millennium Square project code 03-2320-008-02, originally debt- financed in 2004 together with, the unspent amount of $103,319 from the completed project Audley Road south of Highway #7; (10-Year Debt, financed in 2004) be applied to the project; and c) annua! repaymem charges in the amount of approximately $58,333 be included in the annuai Current Budget for the City of Pickering commencin9 ir: 2006, and any financing cost, continuing thereafter unti! the loan is repaid; and d) the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2005 as established by the Province for municipalities in Ontario; and Report OES 24-05 Date: June 17, 2005 Subject: Tender T-3-2005 Tender for Liverpool Road Nautical Village Boulevard & Streetscape Improvements Page 2 e) the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and The appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Executive Summary: As part of the 2005 Capital Budget, boulevard and streetscape improvements for Liverpool Road was identified and approved as a construction project. Tender %3-2005 was issued on Friday, June 3, 2005 and closed on Thursday, June 16, 2005. The total project cost is estimated to be $903,159 for an estimated net cost to the City of $844,074 (net of G.S.T. rebate). Tender costs came in higher than anticipated in the 2005 Capital Budget of $700,000 and approximately $41,000 of the increase is for the final topcoat of asphalt pavement. Staff has been directed to report to Council on the results of the tender and financing in order to proceed with this project in a timely manner. In the 2003 Capital Budget, included for road works on Liverpool Road from Wharf Street to Millennium Square. The road works were completed in 2003 with the exception of the final lift of asphalt pavement, which is valued at $40,000, which was postponed pending this contract. As the final lift of asphalt will be applied to this project, the Director, Corporate Services & Treasurer has determined that is it appropriate to apply these funds now. The Director has also determined that the balance of $103,319 will come from any other capital under expenditures or general revenues available at year-end as approved by Council as part of the annual budget recommendations. The majority of the utility relocations required for this project had been undertaken by Veridian Connections for the underground conversion of the existing hydro plant. Council approval for this portion of the utility relocation was received at the May 2, 2005 Council meeting, in conjunction with approval of the City's 2005 Budget through Report CS 30-05. Repor[ OES 24-05 Subject: Tender T-3-2005 Tender for Liverpool Road Nautical Village Boulevard & Streetscape Improvements Date: June 17, 2005 Page 3 043 FINANCIAL IMPLICATIONS: 1. Tendered Amount T-3-2005 654,874.00 G.S.T. 45,841.18 Sub Total 700,715.18 G.S.T. Rebate .(45,841.18) Total $654,874.00 APPROVED SOURCE OF FUNDS 2. 2005 Capital Budget Roads Account 2320-6003 Locations Liverpool Road Nautical Village Liverpool Road/Millennium Sq. Capital under expenditures/Current Funds Project Code 05-2320-008-00 03-2320-008-02 FUNDS AVAILABLE Amount 700,000 40,755 103,319 844,074 Sou rce Debt (20 Year) ~' Debt (10 Year) 2. 1. To be Debt financed. 2. External Debt undertaken in 2004. 3. Excess Funds Raised. ESTIMATED PROJECT COSTING SUMMARY 3. T-3-2005 - Liverpool Road Nautical Village Boulevard & Streetscape Improvements Associated Costs Utility Relocations (Veridian underground conversions) Materials Testing Miscellaneous Costs Project Contingency Totai G.S.T. Total Gross Less - G.S.T. Rebate Total Net Project Cost 654,874 173,200 2,500 3,500 10,000 844,074 59.085 903,159 (59,085) 844,074 Report OES 24-05 Date: June 17, 2005 Subject: Tender T-3-2005 Tender for Liverpool Road Nautical Village Boulevard & Streetscape Improvements Page 4 Project Cost over (under) Approved Funds $(o) The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditures contained in this report and has provided the financing recommendations. Background: Bids for Tender No T-3-2005 were received Thursday, June 16, 2005. Three (3) companies submitted bids at the time of closing. The Iow bidder, for Option 1 (preferred option) is Mopal Construction Limited. Liverpool Option 1 -This is the preferred option for streetscape construction. This option is derived from the original Planning Study as referenced in the "Liverpool Road Waterfront Node Development Guidelines". The intent is to have the boulevard surfaced with a "cobble look", interlocking pavers is the preferred treatment. Therefore interlocking pavers are used for the majority of the boulevard (both the parking and pedestrian areas). A narrow strip of concrete is introduced as a "Furniture Strip" both to fasten the street furniture to, and to visually separate the parking / pedestrian areas. Liverpool Option 2 - This option was considered for economic reasons only. Instead of having the majority of the boulevard covered in interlocking pavers, more concrete was substituted as a cheaper solution. The concrete was used for the pedestrian walkway. As well, the "Furniture Strip" (concrete in Option 1), was changed to interlocking pavers for aesthetic reasons. All other elements (i.e. street lighting, street furniture etc.) are the same for both options. References for Mopal Construction Limited have been checked and are deemed acceptable by the Supervisor, Engineering & Capital Works. The Health & Safety Policy, a list of personnel trained in Confined Space, and the,CAD 7 form issued by Workplace Safety & Insurance Board, as submitted by Mopal Construction Limited's Safety & Training Coordinator and are deemed acceptable. Credit information as provided by D & B for Mopal Construction Limited has been reviewed by the Purchasing Analyst and in conjunction with staff's review of reference information and the bonding available on this project, is deemed acceptable. Upon careful examination of al', tenders, and relevant documents received the Operations & Emergency Services Department, Municipai Property & Engineering Division recommends the iow Did Tender No. T-3-2005 submitted by Mopai Construction Limited in the amount of $654,874 (G.S.T. extra) for Option1 and that the net total project cost of $844,074 be approved. This report has been prepared in conjunction with the Manager of Supply & Services who concurs with the foregoing. Report OES 24-05 Date: June 17, 2005 Subject: Tender T-3-2005 Tender for Liverpool Road Nautical Village Boulevard & Streetscape Improvements Page 5 05i Attachments: Location Map Record of Tenders Opened and Checked Supply & Services Memorandum Prepared By: ,., ,' ~ il// ,,:" , . . / ?:/ ¢ / , '~ ~ .... , , , ' . /'~ Barrell B. Selsky / Supervisor, Engineering & C~ital Works Vera A. Felgemacher Manager, Supply & Services Approved r: Everett ' Director, Or & Emergency Services Gillis A. Paterson Director, Corporate Services & Treasurer Richard W. Hol.-ub~rn Di/yl'sion Head, Municipal Property & Engineering DS:ko Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickerincj City Council ' ...... '":: .............. ~'; :~ ............... ':;:::' ...... '- /I ' Th'~rrr~S 3. Quirt"; ChierAdministratP~e( O52 MUNICIPAL PROPERTY & ENGINEERING Attachment For Tender: %03-2005 LIVERPOOL ROAD STREETSCAPING ~Y ~ I[ BRoADv,_______~w ~.~g HAR F STREET O LIVERPOOL BEACHFRONT O/V TA ~/O P^~ LOCATION MAP PROPOSED CONSTRUCTION INCLUDES: Streetscaping and Boulevard Works for Liverpool Nautical Village -Construction of decorative sidewalks Construction of decorative off-street parking - Installation of decorative street lighting Installation of decorative street furniture Complete Restoration (fine grading and sodding where required) To aE areaz afibcmd. PROJECT CODE: 05-2320-008-0(] ,~ ~Attact~ments fO, ~ enOers",2005~7-'~-2005 LiveroooJ Sfreetsca£vn2 dcx _NT ....... TO REPORT~.~ 053 0 0 0 ~o m~_ rD CORPORATE SERVICES DEPARTMENT MEMORANDUM June 16, 2005 To: Richard Holborn Division Head Municipal Property & Engineering Darrell Selsky, Supervisor Engineering & Capital Works From: Vera A. Felgemacher Manager, Supply & Services Subject:: Tender for Liverpool Road Nautical Village Boulevard & Streetscape Improvements Tender No. T-3-2005 CLOSING: Thursday, June 16, 2005, 2:00 p.m. Tenders have been received for the above project. Fourteen (14) companies were invited to participate. An advertisement was placed in the Daily Commercial News, News Advertiser (Friday, June 3) and on the City's Website all of which yielded interest from additional bidders. Eleven (11) bidders picked up tendering documents for a non-refundable fee of $100.00 per set of which three (3) responded. One (1) tender was withdrawn prior to the competition closing. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PL..I? 010-001, Item 10.03 (r) provides checking tendered unit~,n" ,., ~.-,=~* aha' ex'ia n s,o r~:; :. ~.~ ni",: '*r~''='r'~,. ,~..,~, ;,i~"",~.I,~ govern and :,,'*= ~,~¢ .......... u,*,~, ~',., will.. be corrected accordingly, whicr~ has ~' ~ ,. ~.)..~n done, Richard Holborn T-3-2005 ---~,-'"'.,,-~ - . June 16,2005 Page 2 O55 Summary (PST included, GST included) Company OPTION 1 OPTION 2 After Total Tendered Total Tendered Calculation Amount $ Amount $ Check $ Mopal Construction 700,715.18 684,932.68 SAME Ltd. Rutherford 761,537.82 755,32%01 SAME Contracting Ltd. CRCE Construction 773,513.70 748,903.70 SAME Ltd. Dig-Con International Tender withdrawn prior to competition closing. Ltd. P. Gabriele & Sons Tender received/ate and returned to vendor unopened. Ltd. In accordance with Tendering Specifications, Bidding Conditions Item 10: (a) "Option 1" is the City's preferred method of construction for this project, whereas "Option 2" is a secondary consideration. As such, City staff will evaluate bids on "Option 1" first to recommend for consideration and acceptance. (b) City staff will only evaluate bids on "Option 2" for consideration and acceptance if budget constraints for this project deem it necessary. Therefore, pursuant to Information to Bidders Item 21, the following are being requested of the Iow bidder for "Option 1" for your review during the evaluation stage of this tender call: (a) (b) (c) (d) a copy of the Confined Space Entry Procedure document to be used on this project; a list of employees trained in the Confined Space Entry Procedure who will be working on this project; a copy of the Health & Safety Policy to be used on this project; a copy of the current .,os~ and Frequency Report" ' ' '" ~ssuea by Workplace ~afety ~. insurance .... ~ .... I .... dOOU~3~eiq~, & COpV OT the current :¢A~ 7 iqEEFh o; WiAF'. reports may be submitted)' insurance Board; ~.~ ~'+.,'~ ~-+i~,~+- of insurance sna!~ be Cr'~m~iafa~ b},,~ the b dde"s a~ent.. broker or insureu ,-~ Dun & Brads~reet report ',,'o~' Mope ~onstrucuon will De ~'eauested of the Purchasing.Analyst ant a summary will be provided to you during the evaluation 05^ Richard Holborn T-3-2005 June 3,2005 Page 3 Please review the copy of the bids. Include the following items in your Report to Council: (a) include Coordinator, Health & Safety comments; (b) any past work experience Mopal Construction including work location; (c) without past work experience, if reference information is acceptable; (d) the appropriate account number(s) to which this work is to be charged; (e) the budget amount(s) assigned thereto; (f) Treasurer's confirmation of funding - including reference to Debt Financing if applicable; (g) related departmental approvals; (h) any reason(s) why the Iow bid of Mopal Construction is not acceptable; (i) and related comments specific to the project. If you require further information, please feel free to contact me. Vera A. Felgemacher Manager, Supply & Services /bt Attachments Copy for: Director, Operations & Emergency Services O57 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report OES 27-05 regarding the supply and delivery of a Fire Pumper Vehicle, be received; and That Quotation No. Q-24-2005 submitted by Smeal Fire Apparatus for the supply and delivery of a Fire Pumper Vehicle in the amount of $539,331.00 (GST extra), be accepted; and That the total gross purchase cost of $577,084.17 and a net purchase cost of $539,331.00, be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; and a) That debt financing through the Region of Durham not exceeding the amount of $539,000.00 for a period not exceeding 10 years, at a rate to be determined, be approved and the balance of $331.00 and financing costs of approximately $6,700.00 be funded from the 2005 Current Budget; and b) That repayment charges in the amount of approximately $68,958.00 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and 053 c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2005 as established by the Province for municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That staff at the City of Pickering be given the authority to give effect thereto. PICKERING REPORT TO COUNCIL Report Number: OES 27-05 Date: June 14, 2005 W. Douglas Fire Chief Pickering Fire Services Subject: Supply and Delivery of One (1) Fire Pumper Vehicle Quotation No. Q-24-2005 Recommendation: 1. That Report OES 27-05 regarding the supply and delivery of a Fire Pumper Vehicle be received and that: Quotation No. Q-24-2005 submitted by Smeal Fire Apparatus for the supply and delivery of a Fire Pumper Vehicle in the amount of $539,331.00 (GST extra) be accepted; 3. The total gross purchase cost $577,084.17 and a net purchase cost of $539,331.00 be approved; 4. Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; A) Debt financing through the Region of Durham not exceeding the amount of $539,000 for a period not exceeding 10 years, at a rate to be determined, be approved and the balance of $331 and financing costs of approximately $6,700 be funded from the 2005 Current Budget; B) Repayment charges in the amount of approximately $68,958 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; c) The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annua[ Repayment Limit for debt and other financial obligations for 2005 as established by the Province for municipalities in Ontario; The Treasure: be autho;[zed to take any actions necessary in order to effect the foregoing: and 5. Staff at the City of Pickering be given the authority to give effect thereto. 06O Report OES 27-05 Subject: Supply & Delivery of One (1) Fire Pumper Vehicle Quotation No. Q-24-2005 Date: June 14, 2005 Page 2 Executive Summary: Not Applicable Financial Implications: 1. Approved Source of Funds 2005 Capital Budget Debt (10 years) Account 2240/6157 Project Code 05-2240-001-00 Total Approved Funds Amount $6OO,OOO $600,000 Estimated Project Costing Summary Q-24-2005 Fire Pumper Vehicle Less Trade-in 1990 Superior 65'Telesqurt Equipment Sub Total G.S.T. P.S.T. (not applicable) Total Gross Purchase Cost G.S.T. Rebate Total Net Purchase Cost $430,104.00 ($65,OOO) $174,227.00 $539,331.00 $37,753.17 0 $577,084.17 ($37,753.17) $539,331.00 Project Cost under (over) Approved Funds $60,669.00 The Director, Corporate Services 8: Treasurerr has reviewed the budgetary implications and the financing o~' the expenditures contained in this repo~ and concurs, CORP0227-07/01 Report OES 27-05 Subject: Supply & Delivery of One (1) Fire Pumper Vehicle Quotation No. Q-24-2005 Date: June 14, 2005 Page 3 Background: The purchase of a Fire Pumper Vehicle was approved by Council in the 2005 Capital Budget. Through research and analysis of current emergency response apparatus, Fire Services compiled specifications for this piece of equipment. Supply & Services invited four (4) vendors to participate in the bidding process of which three (3) have submitted quotations and one (1) unable (declined) to bid. Upon careful examination of all quotations received by Supply & Services, the Pickering Fire Services Division recommends acceptance of the lowest bid from Smeal Fire Apparatus in the amount of $539,331.00 (GST extra) and that this total net purchase cost of $539,331.00 be approved. This report has been prepared in conjunction with the Manager Supply & Services who concurs with the foregoing. Attachments: 1. Supply & Services Summary Memorandum 2. Line Diagram of Proposed Pumper Prepared By: W. Douglas Fire Chief Vera A. Fel~acher Manager, Supply & Services GS Attachments Copy: Chief Administrative Officer Recommended for the consideratiorr of Pickering City Counci~ Thomas j. Quin,~ Chie~.~dministratiCe.Officer Eve re t,t/~'n t s~..r~. Direc~r, OpCations & Emergency Services Gillis A. Paterson Director, Corporate Services & Treasurer CORP0227-07/01 CORPORATE SERVICES DEPARTMENT SUPPLY & SERVICES MEMORANDUM June 8,2005 To: From: Subject: Mark Diotte Deputy Fire Chief Bob Kuzma Purchasing Analyst Quotation for Fire Pumper Vehicle Quotation No. Q-24-2005 Closing: June 6, 2005, 12:00 Noon Quotations were invited from four (4) companies of which three (3) have responded by the closing date and time noted above. An advertisement was placed on the City's website. Bidders were requested within the Supplementary Quotation Terms & Conditions (SQTC) and Specifications to include a variety of documents with their submittal. Based upon the instructions given in the SQTC and Specifications, the submittals have been thoroughly reviewed so as to locate the documentation requested. A summary of specification conformance attached for your information. The quotation documents from Seagrave Fire Apparatus and Darch Fire are deemed to be incomplete and are not being considered. ResQTech Systems is unable (declined) to submit a quotation. Quotations shall be irrevocable for 60 days after the official closing date and time. Summary Account Number Project Code Approved Capital Budget Financing Compar~y Smeal Fire Apparatus Part A - Base Custom: Chassis $430,104.00 2240- 6157 05-2240-001-00 $600,000.00 Debt (10 year) Less Trade i Sub Tota! ($65,000.00) 365,104.00 25,557.28 Total ~ 390,66!.28 t Part B Optional Equipment $I74,227.00 after calculation check $175,742 Quotation No. Q~24-2005 Mark Diotte ...... .... ¢¢: I TO REPOKT#~?'°~June 8,D,,2005~_ O63 Copies of the quotations are attached for your review along with the summary of costs. Each line item provides a space for the vendor to indicate a "Yes, No, Specify" to provide the City with information and details to subjectively review each line item and the sum total of all specifications. Specifications Item 4 states: Where a minimum is called for, the item shall meet or exceed the capacity, size or performance specified. 1. A mark in the "yes" space shall mean compliance with the specification and can be further detailed in the SPECIFY space. 2. A mark in the "no" space shall mean a deviation from the specification and must be further detailed in the SPECIFY space. Deviations will be evaluated and acceptance of these deviations is within the discretion of the user department. The quotation submitted by Smeal Fire Apparatus in the total amount of $390,661.28 is the only acceptable quotation, subject to further evaluation of the terms, conditions and specifications of fire pumper vehicle quoted upon and Fire Services requirements. In accordance with Purchasing Policy Item 04.05 (revised 2004), an award exceeding $81,000 is subject to Council approval. Include in your report to Council: 1. if reference information is acceptable the appropriate account number(s) to which this work is to be charged and the budget amount(s) assigned thereto; 2. Treasurer's confirmation of funding; 3. related departmental approvals; 4. any reason(s) why the bid of Smeal Fire Apparatus is not acceptable; 5. summary memorandum from Supply & Services; and 6. related comments specific to the acquisition. Bidders will be advised of the outcome in due course. Please do not disclose pricing to enquiring bidders. Subject to Council approval, an approved "on-line" requisition will also be required to proceed. If you require further information, please feel free to contact me. I have enclosed the original quotation documents, please return them to me upon completion of your review. Bob Kuzms: /bk Attachments Copy for: Director, Operations & Emergency Services Fire ,_~hief OG4 W,TTAC H M EN7 ?:i .,. ! ...... T'O REPORT E © ~ o ~ o ~ o ~ o 20 ~ o COO AI'rACHMENT#,,/,,, TO REPORT# E 065 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report OES 20-05 regarding playground construction, playground equipment safety surface material, be received; and That Tender No. T-8-2005 submitted by Melfer Construction Inc. for park and playground construction, in the amount of $83,246.00 (G.S.T. included) with an adjustment (increase) estimated cost $25,000.00 plus G.S.T. for the addition of the Shadybrook Tot Lot, for a total of $109,996.00 (G.S.T. included), be accepted; and That Request for Proposal RFP 4-2005 submitted by Little Tikes for the supply and installation of playground equipment in various parks in the amount of $107,501.31 with an adjustment (increase) estimated cost $25,000.00 for the addition of the Shadybrook Tot Lot $132,501.31 ($141,776.40 G.S.T. included), be accepted; and That Quotation No. Q-32-2005 submitted by Playcare Inc. for Safety Surface Material in various parks in the amount of $39,644.50 ($42,419.62 G.S.T. included), be accepted; and That the total project cost of $306,945.81 ($328,432.00 G.S.T. included) consisting of the above amounts plus other project costs of $22,000.00 and contingency of $10,000.00, be approved; and --2-- 06 ,' That the Director, Corporate Services & Treasurer be authorized to transfer $250,000.00 from the Parkland Reserve Fund as provided for in the Annual Capital Budgets, and $25,000.00 from the Insurance Reserve Fund and $31,946.00 from capital under expenditures or general funds; and That staff at the City of Pickering be given the authority to give effect thereto. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 20-05 Date: June 17, 2005 From: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Tender No. T 8- 2005 - Tender for Playground Construction Request for Proposal - RFP 4 - 2005, Playground Equipment Quote Q-32-2005 - Quotation for Safety Surface Material Recommendation: That Report OES 20-05 regarding playground construction, playground equipment safety surface material be received; That Tender No. T 8 - 2005 submitted by Melfer Construction Inc. for park and playground construction, in the amount of $83,246 (G.S.T. included) with an adjustment (increase) estimated cost $25,000 plus G.S.T. for the addition of the Shadybrook Tot Lot, for a total of $109,996 (G.S.T. included), be accepted; and That Request for Proposal RFP 4 - 2005 submitted by Little Tikes for the supply and installation of playground equipment in various parks in the amount of $107,501.31 with an adjustment (increase) estimated cost $25,000 for the addition of the Shadybrook Tot Lot $132,501.31 ($141,776.40 G.S.T. included), be accepted; and' That Quotation No. Q-32-2005 submitted by Playcare Inc. for Safety Surface Material in various parks in the amount of $39,644.50 ($42,419.62 G.S.T included) be accepted, and The total project cost of $306,945.81 ($328,432 G.S.T. included) consisting of the above amounts plus other project costs of $22,000 and contingency of $10,000 be approved, and The Director Corporate Services & Treasurer be authorized to transfer $250,000 from the Parkland Reserve Fund as provided for in the Annual Capital Budgets, and $25,000 from the Insurance Reserve Fund and $31,946 from capital under expenditures or general funds; and 7. That staff at the City of Pickerin9 be given the authority to give effect thereto. Report OES 20-05 Date: June 17, 2005 Subject: Playground Construction, No. T 8 - 2005 Playground Equipment, RFP 4-2005 Quote Q-32-2005 Safety Surface Material Page 2 Executive Summary: The construction of new playground facilities in a number of City parks, as well as required upgrades to miscellaneous facilities was approved by Council in the 2005 Capital Budget. As part of the implementation of our Playground Equipment Replacement program four (4) parks were originally identified for this years installation. Due to recent vandalism to the existing play equipment at the Shadybrook Tot Lot this equipment must be replaced this year. Project costs came in higher than anticipated in the 2005 Capital Budget of $200,000. 1. P-010 2. P-025 3. P-051 4. P-080 5. P-033 MAPLE RIDGE PARK; Bushmill Street to Bramble Wood Court DUNMOORE PARK; Whites Road at Callahan Street MARTIN'S TOT LOT; Martin's Street DON BEER MEMORIAL PARK; Highway 7, Brougham SHADYBROOK TOT LOT, Shadybrook Drive The parks will be upgraded to remove outdated play equipment and to provide new play equipment designed to comply with the National Standard of Canada: CSA Standard CAN/CSA-Z614-98, Children's Play spaces and Equipment. RFP - 4 - 2005 involves the supply and installation of play structures and swin9 sets in various City of Pickering parks. The installation of this equipment is required to replace existing playground equipment that is in poor condition and/or has little play value. The terms of reference includes the option to purchase up to two (2) additional structures and two (2) additional swing sets at the contract price, if required. T-8-2005 involves the construction of playground areas and pathways in various City of Pickering parks. Park construction items typically include the development of concrete curbed play areas, concrete bench and waste receptacle pads, the installation of asphalt pathways and related park items that may be required such as drainage systems, trees, topsoil, and sod. The terms of the Contract allow the City of Pickering to draw on the contract unit prices to complete additional park construction works as required. Q-32-2005 involves the supply and installation safety surface material in various City of Pickering parks. Other Project Costs that have been identified include the supply and installation of standard park benches and waste receptacles, it is recommended that work required for these items be obtained in accordance with the Council approved Purchasing procedures and policy.. CORP0227-07/01 Report OES 20-05 Date: June 17, 2005 Subject: Playground Construction, No. T 8 - 2005 Playground Equipment, RFP 4-2005 Quote Q-32-2005 Safety Surface Material Page 3 Financial Implications: Individual Park Costs Park Construction Equipment Safety Total Cost Surfacin.q Maple Ridge Park 20,410.00 30,480.06 8,389.50 $59,279.56 Dunmoore Park 27,490.00 30,473.91 8,389.50 $66,353.41 Martin's Tot Lot 13,875.00 23,119.21 5,922.00 $42,916.21 Don Beer Memorial 16,025 23,428.13 9,376.50 $48,829.63 Park Shadybrook Tot Lot 25,000 25,000 7,567.00 $57,567.00 Sub Total 102,800 132,501.31 39,644.50 $274,945.81 Other Estimated Proiect Costs 1. Benches & Trash Receptacles (at new playgrounds) 2. Materials Testing 3. Miscellaneous Costs 4. Contigency $18,000 $2,ooo $2,000 $1o,ooo TOTAL (G.S.T. excluded) $306,946 Summary Available Funds 2005 Budget Parkland Reserve Fund 2002 Budget Parkland Reserve Fund Insurance Claims Capital under expenditures/Current Funds Account 2718-6129 2718-6129 Project Code Amount 05-2718-001-02 $200,000 02-2718-006-00 50,000 25,000 31,946 Total $306, 946 The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditures contained in this report and has provided the financing recommendations. Background: Proposals for RFP - 4 - 2005 were received on May 12, 2005. Seven (7) proposals were available for consideration. An Evaluation Committee comprised of three representatives from Municipal Property & Engineering and one CORP0227-07/01 Report OES 20-05 Date: June 17, 2005 Subject: Playground Construction, No. T 8 - 2005 Playground Equipment, RFP 4-2005 Quote Q-32-2005 Safety Surface Material Page 4 representative from Supply & Services was assembled to evaluate the proposals, interview the short listed proponents and make a recommendation. Based upon the evaluation criteria, Little Tikes received the highest score from the Evaluation Committee and acceptance of RFP-4-2005 submitted by Little Tikes for playground installations in 2005 is recommended. The Health & Safety Policy, CAD 7 form, and Cost & Frequency Record issued by Workplace Safety & Insurance Board for Little Tikes will be reviewed by the Safety & Training Coordinator, expected to be completed prior to this Report being considered by Committee and Council. A Supplier Qualifier Report, as provided by D&B has been reviewed by the Purchasing Analyst, references as provided by Little Tikes for playground installations of this caliber have been checked by the Supervisor, Engineering & Capital Works and are satisfactory. Bids for Tender No T - 8 - 2005 were received on Thursday, May 12, 2005. Seven (7) companies submitted bids at the time of closing. The iow bidder, Melfer Construction Inc., has completed similar projects for the City in the past, and a check of their references for projects of this caliber has been deemed acceptable by the Supervisor, Engineering & Capital Works. The Health & Safety Policy, the CAD 7 form and Certificate of Clearance issued by Workplace Safety & Insurance Board, as submitted by Melfer Construction Inc. have been reviewed by the Co-coordinator, Health & Safety and are deemed acceptable. A Supplier Qualifier Report as provided by D&B for Melfer Construction Inc. has been reviewed by the Purchasing Analyst and in conjunction with staff's review of reference information and the bonding available on this project, is deemed acceptable. Bids for Quotation Q-32-2005 were received on Friday, June 17, 2005. Three (3) companies submitted bids at the time of closing. The Iow bidder, Playcare Inc. has completed similar projects for the City in the past and are deemed acceptable by the Supervisor, Engineering & Capital Works. Upon careful examination of all tenders, quotations and proposals received, relevant documents received and pending, the Operations & Emergency Services Department, Municipal Property & Engineering Division recommends the acceptance of the Iow bid Tender No. T-8-2005 submitted by Melfer Construction Inc. in the amount of $109,996 (G.S.T. included), the Proposal No. RFP-4-2005 submitted by Little Tikes in the amount of $141,776.40 (G.S.T. included),and the quotation Q-32-2005 submitted by ~iaycare inc, for safety surface material in the amount of $4.2,419.62 (G.S.T. included) and that the total project cost of $306,946 ($328,432 G.S.T. included) be approved. This report has been prepared in conjunction with the Manager Supply & ~rvlces who concurs with the foregoing. CORP0227-07/0 i Report OES 20-05 Date: June 17, 2005 0 ? "' Subject: Playground Construction, No. T 8 - 2005 Playground Equipment, RFP 4-2005 Quote Q-32-2005 Safety Surface Material Page 5 Attachments: 3. 4. 5. 6. 7. Location Map(s) Records of Tenders Opened and Checked Supply & Services Memorandum - %8-2005 Playground Construction Supply & Services Memorandum - RFP-4-2005 Playground Equipment Evaluation Committee Summary- RFP-4-2005 Playground Equipment Evaluation Criteria- RFP-4-2005 Playground Equipment Supply & Services Memorandum - Q-32-2005 Safety Surface Material CORP022'7-07/01 Report OES 20-05 Subject: Playground Construction, No. T 8 - 2005 Playground Equipment, RFP 4-2005 Quote Q-32~2005 Safety Surface Material Date: June 17, 2005 Page 6 Prepared By: Vera A. Felgemacher Manager, Supply & Services Approved/~ By~ Everett Bun~f~a Director, Operation mergency Services Richard H6LId~rn Division Head, Municipal Property & Engineering Gillis A. Paterson Director, Corporate Services & Treasurer DS:ko Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Theme's' Quinn, Chi Officer CORP0227-07/01 M EADOWLAN E L IRE APL. E, 0 ? ~ RIGIDY DRIVE TIMIDER MAPLE OEDARWOOD HYDNO N ~STO N E I L F NCH I L.d O NTEAG GLOUCESTER !, MADONNA CRT. LANE ID RAM B LP'-W O O D COURT BUSHMILL1 IDARNWOOD SQ. LUTTER~/(~ RTH MAPLE:::RI:D aCOR'F~/DO~ FER'NCLIFFt ~ ST' [ PARKD.AL AVEN U E ANTON II CRT. ,Iq ~ ;/PETTICOAT K )GE ,NE HAM PTO N COURT oKLAHOMA ABINGDON} CCOURT >. ['-~NEBRIDGE LANE CONSERVATION AREA DUNMOORE PARK (P-025) TAUNTON ' MARTINS ROAD AVENUE 0 rY ~_~ ii. UBHAM HEGHTS' N~ 0 ~6 ST. ~ ~ ~ ~ - ~ ST. ' . ~ ~~'"'~.~ ' '~_. : DON B , ~ :,... ( : ) ,-.:~ .::. OPERATIONS & EMERGENCY SERVICES DEPARTMENT 0 '~ ~UNICIPAL PROPERTY & ENGINEERING DIVISION ST. WOOD LANDSCAPE & PARKS DEVELOPMENT AVE N U E COURT WEYBURN SQUARE EDGEWOOD COURT SHADYBROOK SHEPPARD AVENUE j DUNFAIR STREET I LOCATION MAP SHADYBROOK TOT LOT (P'-033) SHEPPARD 073 o !.9 t- ,,.- tm 0 0 0 OORPORATE 8ERVlOE8 DEPARTMENT MEMORANDUM May26,2005 To: Richard Holborn Division Head Municipal Property & Engineering Darrell Selsky Supervisor Engineering & Capital Works From: Vera A. Felgemacher Manager, Supply & Services Subject: Tender for Playground Construction Tender No. %8-2005 CLOSING: Thursday, May 26, 2005, 2:00 p.m. Tenders have been received for the above project. Eleven (11) companies were invited to participate. An advertisement was placed in the Daily Commercial News, News Advertiser Community Page and on the City's Website all of which yielded interest from additional bidders. Eleven (11) bidders picked up tendering documents for a non-refundable fee of $75.00 per set of which nine (9) responded. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit prices and extensions; unit prices shall govern and extensions will be corrected accordingly, which has been done. Richard Holborn T-8-2005 Page 2 Summary (PST included, GST included) Company Total Tendered After Calculation Amount $ Check $ Melfer Construction inc. 83,246.00 83,246.00 Dig-Construction International Ltd. 86,546.80 86,546.80 M.0pal Construction Ltd. ! 102,556.29 ~.. 102,556.29 Serve Construction Ltd. 111,053.16 110,924.76 Montgomery MacEwen Contracting 112,548.46 112,548.46 Gryan Construction Ltd 119,576.35 119,577.42 NLG Construction Freeway Paving & Construction REJECTED Agreement to Bond not in the form specified. P,eference: IB-17, IB-18, tB-19, TS-6; Purchasing By-law No. 5900-01, Procedure No. PUP` 010-001, 10.04, Item 9(c). Royalcrest Paving & Contracting Ltd. I REJECTED Tendering requirement of I returning a reference summary in the tendering envelope not complied with. Reference: IB-3(b), lB-8, IB-17, IB-18, IB-19;; I Purchasing By-law No. 5900-01, Procedure No. PUP, 010-001, 10.04, Item 15. Ferdom Construction REJECTED Tendering requirement of returning a reference summary in the tendering envelope not complied with. Reference: IB-3(b), lB-8, IB-17, IB-18, IB-19 Purchasing By-law No. 5900-01, Procedure No. PUR 010-001, 10.04, Item 15. Pursuant to Information to Bidders Item 21, the following are being requested of the Iow bidder for your review during the evaluation stage of this tender call: (a) a copy of the Health and Safety Policy to be used on this project; (b) a copy of the current Cost and Frequency Report issued by Workplace Safety & insurance Board {~ of ' ..,da copy the --, ..u, insurance Board; (d) the ~.~v,~: ....... ....~ht~.aL.~~ "~'~' '= o? ,,~,u~,;~'-':".~"~'~-...., shall bec.~m,..f~L.cr'~ n~'-~ ~ by the .hidder"s ~a~n~ broker or insurer. Analyst ano s summary vvi[l be to you pr~woeo during the ~vaJua~iu~ ,h,~ tender 082 CORPORATE SERVICES DEPARTMENT SUPPLY & SERVICES MEMORANDUM May 19, 2005 To: Richard Holborn Division Head, Municipal Property & Engineering From: Jill'Hone Buyer Subject: RFP-4-2005 - Playground Equipment Ct4L¢¢Z,,,.? q;L;' .. Terms of reference for the above request for proposals were provided to ten compa~i'es of which seven responded by the deadline of 12:00 noon, Thursday, May 12, 2005. A summary and a preliminary compliance checklist is as follows: A. Company identification and principal contact information B. Identification of similar work with references C. Installer identification and experience profile D. Lump sum fee per playground E. Play area layout plan F. List of play components G. 3-D diagrams and or photos H. Product maintenance and installation details and warranty information I. Addendum No. 1 & 2 acknowledged ABC Recreation Systems x x * x x x i x x x Active Playground' Equipment (APE) x- x x x x x x x x Belair Re.c. reational Products Inc. x x x x x x x x x Game Time (Crozier Agencies) x x x x x x I x x x Henderson Recreation Equipment x x * x x x lxl x x , Little Tikes x x I x x x x I x I x x .....Recreation Playsystems *!~staller information has been requested. RFP-I-2004, Playground Equipment May 1 g, 2004 Page 2 A copy of each proposal is enclosed for your review. An evaluation committee has been established to review the submittals. One copy of each proposal and a sample evaluation form will be provided.directly to each member of the evaluation committee. Once a recommended vendor has been selected, certificate of insurance, WSIB Clearance and other documentation as required will be requested and reviewed by the Health & Safety Co-ordinator, for your consideration. Please be advised in accordance with Purchasing Policy & Procedure Item 04.09 as related to the RFP process, a total purchase price in excess of $81,000 (as amended in 2005) is subject to Council Approval. A purchase requisition will be required in order to proceed. If you require further information or assistance, please feel free to contact me. /ih Attachments Copy: Supervisor, Engineering & Capital Works Inspector, Parks 084 June 8,2005 To: CORPORATE S-E-~Vi CE'S-'DE PART M E NT SUPPLY &' SERVICES MEMORANDUM Richard Holborn Division Head, Municipal Property & Engineering From: Jill Hone Buyer Subject: RFP-4-2005 - Playground Equipment As you are aware, evaluation of the proposals submitted for the above work has been completed. The evaluation committee consisted of four members: Division Head, Municipal Property and Engineering, Supervisor, Engineering & Capital Works, Inspector, Parks and Buyer. Alt proposals were reviewed and three were selected for a detailed evaluation. Results are as follows: Total Point Average Company Value Value Little Tikes 319.5 79.9 Crozier Agencies (Game Time) 295 73.75 . Recreation Playsystems 282.5 70.63 The following documents will be requested of Little Tikes for your review during the continuing evaluation stage of this quotation call: (a) (b) a copy of the Health & Safety Policy to be used on this project; a copy of the current Cost and Frequency Report issued by Workplace Safety & Insurance Board (in lieu of the Cost and Frequency document, a copy of ~- .............. ~,~ current ~L., /', N==,% or ~v.~, reports may, be sdbmitted); a copy o¢ the suTrent Certificate of insurance Board: tP~e ~,,~ ~ ce~ificate of i~,~r~::-~, ,~.,_, ... shai~ be completed, b~.', ,h~ bidders a~ent, broker or insure;. RFP-4-2005, Playground Equipment ._.~o~ June 8, 2005 0 Page 2 As Little Tikes is a new vendor to the City, it is necessary that the user department perform reference checks as part of the evaluation. Please advise if the proposal submitted by Little Tikes is acceptable, or any reason(s) why the bid of Little Tikes is not acceptable; and any other related comments specific to the project. Please be advised in accordance with Purchasing Policy & Procedure Item 04.09 as related to the RFP process, a total purchase price in excess of $81,000 (as amended in 2005) is subject to Council Approval. A purchase requisition will be required in order to proceed. Thank you, /ih Copy: Supervisor, Engineering & Capital Works Inspector, Parks 08;' CORPORATE SERVICES DEPARTMENT SUPPLY & SERVICES MEMORANDUM 087 June 17, 2005 To: Richard Holborn Division Head, Municipal Property & Engineering Darrell Selsky V// Supervisor, Engineering & Capital Works From: Barbara Tran Buyer Subject: Q-32-2005 Safety Surfacing Material Closing: Friday, June 17, 2005, 12:00 Noon Quotations were invited from five (5) companies on June 13, 2005. Three (3) bidders responded to the quotation by the closing deadline and one (1) unable to bid. Copies are attached. Quotations shall be irrevocable for 60 days after the official closing date and time. Pursuant to Supplementary Standard Conditions Item 7, the following documents will be requested of the low bidder for your review during the evaluation stage of this quotation call: (a) a copy of the Health & Safety Policy to be used on this project; (b) a copy of the current Cost and Frequency Report issued by Workplace Safety & Insurance Board (in lieu of the Cost and Frequency document, a copy of the current CAD 7, N~.,_R, or MAP reports may be submitted); (c) a copy of the current Certificate of Clearance issued by Workpiace Safety & insurance Board; (d! the Citv:s ce,-tificate of ~.~" -~ o~"~ he " ' or insurer 085 Richard Holborn Q-32-2005 Quotation for Safety Surfacing i:~E POR'i~ June 17, 2005 Page 2 Please review information provided and advise if the quotation submitted by Playcare Inc. is acceptable, or any reason(s) why the bid of Playcare Inc., is not acceptable; and any other related 'comments specific to the project. SUMMARY PST included/GST extra Bidder Product name Don Beer Dunmoore Maple Martins Tot Shadybrook EXTENSION Memorial Park Ridge Lot Tot Lot Park Park Playcare Fibertop 612AD $9,376.50 $8,389.50 $8,389.50 $5,922.00 $7,567.00 $39,644.50 Inc. Hutcheson Hutcheson 12,825.00 11,475.00 11,475.00 8,100.00 10,350.00 54,225.00 Sand &Mix Sand Meldan SOF FALL 12,825.00 11,475.00 11,475.00 8,460.00 10,534.00 54,769.00 o/a 445198 Ont. Inc. A.B.C. UNABLE TO BID Recreation Ltd. If this is part of a capital project code that requires debt financing, please ensure you correspond with the Treasurer for approval to proceed. An approved "on-line" requisition is required for Supply & Services to procee.d. If you require further information, please feel free to contact me. Thank you. Barbara Tran Attachments O83 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY 1. That Report CS 54-05 of the Director, Corporate Services & Treasurer, be received; and 2. That RFP-6-2005 submitted by Toshiba Canada, to replace fourteen convenience photocopiers and provide one color photocopier, be accepted; and That Council authorize the Director, Corporate Services & Treasurer to executive a lease agreement with Toshiba Canada for the provision of photocopiers as proposed in Recommendation #2 above; and That Council authorize the Director, Corporate Services & Treasurer to alter terms, conditions and/or suppliers if necessary, to meet, maintain and provide departmental photocopy services for the City; and 5. That staff at the City be given the authority to give effect thereto. REPORT TO COUNCIL Report Number: CS 54-05 Date: June 21,2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Convenience Photocopiers Proposed Lease Agreement - August 1, 2005 to July 31, 2010 Recommendation: 1. That report CS 54-05 of the Director, Corporate Services & Treasurer be received and that; 2. RFP-6-2005 submitted by Toshiba Canada, to replace fourteen convenience photocopiers and provide one color photocopier be accepted; 3. Council authorize the Director, Corporate Services & Treasurer to execute a lease agreement with Toshiba Canada for the provision of photocopiers as proposed in Recommendation #2 above; 4. Council authorize the Director, Corporate Services & Treasurer to alter terms, conditions and/or suppliers if necessary, to meet, maintain and provide departmental photocopy services for the City; and, 5. Staff at the City be given the authority to give effect thereto. Executive Summary: The City is currently at the end of a 66-month lease agreement with Konica/Minolta to provide a total of 14 convenience copiers within all divisions and facilities at a contracted rate of $0.0173 per copy. This lease agreement expires on June 30, 2005. Supply & Services have completed a Request for Proposal (RFP-6-2005), a summary of the results are attached. The Iow proposal was submitted by Toshiba Canada, at a rate of $0.0202 per copy, for the supply of fourteen (14) non-networked departmental convenience copiers and one (1) color non-networked copier at a rate of $0.2833 per copy. The proposal from Toshiba Canada includes the placement of new copiers, service, parts and toner. In the event there is a need to reduce or add the number of copiers due to need, this can be reviewed by the vendor and adjustment can be made to the lease agreement. This may or may not affect the proposed price per copy. It is the recommendation of Supply & Services to enter into a new 60-month lease agreement with Toshiba Canada. Report CS 54-05 Convenience Copiers Date: June 21, 2005 Financial Implications: It is anticipated that with the new lease agreement with Toshiba Canada, the annual overall operating cost for the convenience copiers will increase by approximately $2,400.00 per year. The inclusion of a color photocopier to be installed in the Print/Mailroom will incur an annual cost estimated to be approximately $2,800.00 per year based on a projection of 10,000 color copies per year. Background: The City of Pickering currently requires fourteen (14) departmental convenience copiers of various capacities to fulfil the corporate photocopy requirements. Due to the expiry of the current lease agreement with Konica/Minolta, Supply & Services have solicited the marketplace by issuing a Request for Proposal. Vendors were requested to submit two pricing options: Option I To replace the existing photocopiers with new digital photocopiers with equivalent features and capability of providing photocopy services of the Konica/Minolta models currently in use. Option 2 To replace the existing photocopiers with new digital photocopiers with features of: network printing scanning scan-to-email receive and send fax function and capable of providing photocopy services as the Konica models currently in use. Coior photocopier Ar~ anatysis was undertaker: to review the viability of providi,q9 a color photocopie': The City's annual expenditure in 2004 to produce approximately t0,000 color photocopies was approximately $11,000.00. Based on the proposed price of $0.2833 per copy, a lease with Toshiba Canada for a color photocopier could realize a 70% annual savings on color photocopies. O92 Report CS 54-05 Convenience Copiers Date: June 21,2005 It is the recommendation of the Manager, Information Technology to enter into an agreement for convenience copiers under the terms of Option 1. Please note the information provided in the proposals may be subject to the Municipal Freedom of Information and Protection of Privacy Act and may be subject to release pursuant to the Act. A proponent has identified their proposal as confidential therefore this summary is being submitted as confidential information to Council. Council Resolution #237/99 provides the Director, Corporate Services and Treasurer the authority to make changes in respect of replacing photocopiers. Also, under Definition 01.04 of the Lease Financing Policy, this lease is not deemed to be a Material Lease, in that there is no material financial impact for the municipality. However, since a new lease term of 60 months would be entered into, this report is submitted for Council's consideration. Attachments: 1. Confidential Memorandum dated June 17, 2005 Prepared By: Vera A. Felge~acher Manager, Supply & Services Approved / Endorsed By: Gillis Paterson Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Recommended for the consideration of Pickerin~ City Coun ,ci~ 'R, ' ' ' ~'~' ' r" ThdM~ J. QUi~ Chef Admlnl ive Office RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY 1. That Report CS 55-05 of the Director, Corporate Services & Treasurer, be received; and That the City of Pickering renew effective June 27, 2005, its property, liability and other coverages through the Frank Cowan Company for the period July 1, 2005 to July 1, 2006 inclusive on terms and conditions acceptable to the Director, Corporate Services & Treasurer; and That the Director, Corporate Services & Treasurer, as part of the Risk Management Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that the Director be authorized to settle any claims including any adjusting and legal fees within the total deductible limit where it is in the City's interest to do so; and That the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to protect the assets of the City and it's elected officials and staff; and 5. That the appropriate officials of the City of Pickering be given authority to give effect thereto. O98 PICKERING REPORT TO COUNCIL Report Number: CS 55-05 Date: June 21,2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2005/2006 Property and Liability Insurance Program Recommendation: It is recommended that Report CS 55-05 of the Director, Corporate Services & Treasurer be received and that; the City of Pickering renew effective June 27, 2005, its property, liability and other coverages through the Frank Cowan Company for the period July 1, 2005 to July 1, 2006 inclusive on terms and conditions acceptable to the Director, Corporate Services & Treasurer; the Director, Corporate Services & Treasurer, as part of the Risk Management Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that the Director be authorized to settle any claims including any adjusting and legal fees within the total deductible limit where it is in the City's interest to do so; the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to protect the assets of the City and it's elected officials and staff; and, the appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: The City's insurance program continues to operate successfully and the above recommendations provide for a renewal of the policies basically on the same or improveC terms and conditions in the past years which also pro;/ides coverage fo~' the Library~ its Board and i~: employees, Repo~ CS 55-05 Date: June 21,2005 O93 Subject: 2005/2006 Property & Liability Insurance Page 2 Financial Implications: The premium renewal cost has been provided for in the various cost centers through the approval of the 2005 budget by Council and the renewal premium cost is within the 2005 budgeted amount. The City's premium renewal is currently below the industry renewal trend rate of 15% due to the City's long- term business relationship with the insurance carriers ("loyalty discount") and due to the City's claims history. Staff examined increasing the current deductible from $10,000 to $25,000 but the corresponding savings in premiums did not warrant the additional risk. Background: Each year on July 1, the City's general liability and property insurance policies come up for renewal. As approved by Council at the time of the 1998 renewal, the Treasurer undertook an extensive review of all aspects of the City's insurance program. The City of Pickering embarked in a Risk Management Program, the initial phase of which involved negotiating renewing premiums with the City's broker. The result of the negotiations was a decrease of approximately $75,000 or 20 percent, in the premiums from that of the prior year. This premium was aisc approximately $98,000 less than the 1998 budget provision which, after claims under the increased deductible were paid, resulted in a transfer of approximately $50,000 to the Self Insurance Reserve. From 1999 to 2003, staff have reviewed the deductibles, coverages, policies and procedures to ensure that the City is financially protected. In 1999 approximately $92,000 was transferred to the Insurance Reserve as a result of the continued savings. In 2000 and 2001, the amount of $100,000 in each year was included as a revenue item in the annual budget. For the 2002 budget, $50,000 was included as revenue with the balance being used to offset premium increases. The 2003 Budget anticipated a premium increase and therefore, no savings were transferred to the Self Insurance Reserve. As a result the balance of the Reserve at December 31, 2004 was approximately $940,000. The 2005 budget anticipated a premium increase based on current industry trends and also due to the increase in assets covered through the policy. Our renewal is below the budgeted amount which continues in part to reflect our claims experience based on our risk portfolio or municipal services provided. Recommendation 4 provides the Treasurer with the authority to continue to review and adjust insurance coverages where appropriate during the year to reflect current market and business environment conditions. Current External insurance Environment Majority of insurance companies t'a:"~;:-", _,,=.~, par! oi their risi.: covered under insurance policies to another insurer Known as the "reinsurer". To put another way, insurance companies t~, to spread or transfer part of thei:' risk t¢~ another company. The transfer of the risk is a prudent strategy to avoid a"bad year" when an insurance company may be faced with claims greater than the premium collected. The global re-insurance Report CS 55-05 Subject: 2005/2006 Property & Liability Insurance Date: June 21,2005 Page 3 market consists of seven or eight major companies. Last year, natural disasters such as hurricanes in Florida, typhoons and earthquake in Japan could generate claims in excess of $15 Billion US. In addition, claim costs from Provincially downloaded services such as ambulance and roads are now impacting the insurance/re-insurance industry. These claims/payments will probably be covered by the reinsurance industry which in-turn recovers these losses through higher premiums. Insurance companies continue to experience, generally Iow returns from their investments where traditionally, investment earnings have been used to offset or reduce premiums. The Value of Lonq-term Business Relationship After September 11, 2001, the insurance industry was faced with a "hard" market. Some insurance companies left the municipal field and others demanded substantially higher premiums. The City found itself in the enviable position of having maintained a long standing business relationship with the Frank Cowan Company. This long- standing business relationship has translated into lower premium increases or a loyalty discount to the City in comparison to those municipalities who left the Frank Cowan Company and then rejoined in 2002. The City is fortunate to have as an asset a long- term business relationship with the Frank Cowan Company, which as proven to have delivered lower premium increases to the City. The City also has an effective and positive business relationship with its insurance adjuster (L.V. Walker & Associates). Claims received by the City are quickly sent directly to the insurance adjuster and on average the insurance adjuster follows-up with an initial or introductory contact within two business days. The City's insurance adjuster has over 20 years of local municipal insurance experience which the City uses as an asset to investigate and settle claims. The City continues to reduce or manage risk through effective business processes and or policies. Last year, the City implemented a revised City alcohol policy which now requires any individual or organization to purchase $1.0 million general insurance liability coverage and to employ bartenders who have the "smart serve" training. These requirements not only reduce the City's risk, but more importantly protect the individual or organization renting the City's facilities. Recently, City staff invited a representative of the Frank Cowan Company (who has extensive special events experience) to review the facility and events management of the Frenchman's Bay Festival. He inspected the facility, reviewed the operation of the event with City staff and was satisfied with the risk management strategy being implemented. Attachment 1 provides a "program summary" of the various insurance coverages. Conclusion The City's insu~'ance and ~" - · m.~; l~4anagemen'; ~-'rograms appea~' to be working satisfactory. The City has benefited from its long standing relationship with the Frank Report CS 55-05 Subject: 2005/2006 Property & Liability Insurance Date: June 21, 2005 Page 4 Cowan Company especially during the current insurance market. Therefore, renewal through the Frank Cowan Company with our present carriers is recommended. Attachments: 1. Program Summary of Insurance Coverage Prepared By: Stan Karwowski Manager, Finance & Taxation GAP:vw Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci~.,Cou._neik J. Quiqn .~hief Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Cowan Frank Cowan Company ATTACHMENT #~TO REPORT ~ ~.,s ~D-,j~ 2005 Municipal Insurance Program CORPORATION OF THE CiTY OF PiCKERING Prepared by: Mr. Randy Edwards, CIP, CAIB, CClB, RIB (Ontario) Regional Manager Frank Cowan Company Limited 4 Cowan Street East Princeton, ON N0J 1V0 This is ~. summary, Nothing herein alters the terms, conditions and exclusions contained in the printed insurance contract(sL R~_F. 60275/es June g. 2005 randy.edwards@frankcowan.com 'i .800.265.4000 T/51 g,4.58.433! F ~;'! g.45L;.436(:; About the Frank Cowan Company Leader in Public Entity insurance Since 1927, Cowan has grown to become one of Canada's leading providers of public entity insurance. Cowan has been a pioneer in the development and implementation of innovative insurance programs for the Municipal, Health Care, and Education sectors. Cowan Insurance Group The Frank Cowan Company Limited is a wholly owned subsidiary of the Cowan Insurance Group, whose other wholly owned subsidiaries include Cowan Insurance Brokers Limited and Cowan Wright Beauchamp Limited, making the Cowan Insurance Group one of the largest privately held companies of its type in Canada. Cowan Insurance Brokers L/m/ted provides personal insurance products (home snd automobile), and commercial insurance programs to thousands of individuals and corporations across Canada. Cowan Wright Beauchamp Limited provides pension, benefits, actuarial and human resource consulting to corporations and public entities. The Cowan insurance Group is a wholly owned subsidiary of Princeton Holdings Limited, which also owns controlling interest in The Guarantee Company of North America, an insurance leader in surety bonding, corporate risk products and high value homeowner coverages. Outstanding Service We are more than just an insurance provider...we are a trusted partner in insurance and risk management. We work with our clients to develop individualized programs including complete risk management, claims management and an array of other services. Our mandate is clear...help our clients reduce risk. Clients also benefit from our affiliations with lawyers, adjusters and others that specialize in the public sector. Our relationships and network allow us to continually develop innovative, cost-effective products and services tailored to the risks of individual clients. Financia~ Stabifity.., Cowan, as s: Managing Generai Aoent of public entity portfoiios; represents a Frank Cowan Company Limite~ Cowan Service Solutions More Than Just Insurance Cowan offers a full range of services to assist in the management and reduction of risk, which is equally vital to our clients. Risk Management, Claims Management and our other value-added services were initiated by Cowan and have evolved throughout our history of specialized services. Most often we can provide the services listed below at no additional cost to the client. Liability Hazard Assessment Our Municipal clients are involved in a wide range of activities and operations designed to service the needs of their constituents. The diverse nature of these activities leads to various potential public liability situations; we work with our clients to provide specific hazard identification and analysis of these exposures. Seminars & Staff Training We deliver a wide range of presentations to our Municipal clients on an ongoing basis that provide continuous education for our clients. Systems & Processes We help our clients develop systems and processes for consistency within their operations and specifically focus on documentation, reporting and investigation of claims and accidents. Contractual Review Publications, Bulletins & Information Packages Claims Management- Our experience contributes insight on the suitability and effectiveness of liability transfers and appropriate insurance and indemnity clauses within your various contracts. Because constant two way communication is important, our website is available on a 24 hour basis for access to information on our Services, Publications and programs. Anyone in your organization can visit us at www.frankcowan.com to keep informed of common issues and solutions. We handle your claim fairly and efficiently. Claims that are made against you are handled with the consistent strategy of defending or discouraging those claims that are without merit, or reaching a ~ayment. Throughout this prosess, you~' interests are ~aramounl and .you;-input is sou?t. Detaiiec' claims .~rogres$ repo~s are proaucec anc, car,, De organized r;y type of ioss or aepa~rnem lo suit your' needs~ F~am; C~war; Company Limited · lOa MARKETPLACE CONDiTiONS The Public sector has experienced significant losses in the past few years. Some of these losses have been driven by landmark cases, but overall, frequency and severity of claims has increased dramatically. As well, the overall cost of claims, which takes into account escalating court awards, claims administration expenses and the ever increasing replacement costs of assets has continued to rise during this period at a rate in exoess of the premium growth. In addition, insurers and re-insurers have become extremely cautious about public entity liabilities because of the continuing downloading of services by the provincial government, namely roads and ambulance services. Insurers are now experiencing the impact of the claims from these downloaded services and the impact they are having on the public entity portfolio. During the late 1990's, municipalities and other public entities have enjoyed favourable insurance costs due to "soft market" conditions fuelled primarily by a good return on investments by the insurance industr),. We are now witnessing premium increases in the general insurance industry driven by losses that have vastly outpaced premiums and the reduction on investment income being received by the insurers. As a result, alt insurance buyers are being affected as insurers and re-insurers are requiring more premium income to meet financial solvency requirements, creating a "hard market" condition. As a result of the current "hard market" conditions, a number of insurers have withdrawn from the public entity marketplace or have had coverage limitations imposed upon them by their markets that do not allow them to effectively address the needs of public entity clients. Frank Cowan Company Limited, as long-term specialist in public entity insurance, continues to receive the support and capacity of our markets. We continue to provide a long term stability for the insurance and risk management needs of our public entity clientele, with our policies and services ever changing to reflect the continuing exposures brought about by downloading and new opportunities public entities now enjoy as a result of the new Municipal Act. Cowan has for many years been able to provide a consistent and continuously stable market for public entities. We are confident that our product and pricing will continue to reflect this position. The terms and conditions for the 2005 Renewal will be subject to the following: - Continued support of our markets. - No major changes in the loss experience oi your portfolio. !'4o major changes in the re-insurance market thai' w;omc adversely affect the underlying insurance. Frank Cowan Company Limited -4- PROGRAM SUMMARY SUMMARY OF COVE.,%AGES LIMITS/AMOUNTS PART A - CASUAL ~'~f Municipal Liability Limit of Protection per occurrence (No Annual Aggregate Limit) Third Party Claims Deductible including expenses Sewer Backup Deductible including expenses Wrongful Dismissal (defence costs) Limit per claim Annual Aggregate Limit Deductible Municipal Marina Liability Malpractice Liability Voluntary Compensation Errors and Omissions Limit of Protection per claim (No Annual Aggregate Limit) Deductible including expenses Non-Owned Automobile Limit of Protection per occurrence (No Annual Aggregate Limit) Legal Liability for Non-Owned Vehicles (S.E.F. No. 94) All Perils Physical Damage Limit Deductible Environmental Liability Liability of Protection per claim Annual Aggregate Limit Self-insured Retention $ 25,000,000. $ $ $ $ $ 25,000. 25,000. 250,000. 250,000. 5,000. Included Included Included $ 25,000,000. $ 10,000. $ 25,OO0,OO0. $ 500,000. $ 5oo. $ 1,000,000. $ 2,0O0,000. $ 10,000. Frar~t( Cowa~ Company Limited 10 7 PROGRAM SUMMARY SUMMARY OF COVERAGES LI MITS/AMOUNTS Comprehensive Crime Commercial Blanket Bond Counterfeit Paper and Depositors' Forgery Audit Expense (Sub-Limit $100,000.) Money and Securities - Blanket any Location Excess on Securities $ 2,000,000. Included Included Included $ 100,000. $ 100,000. Councillors' Accident - City MayodRegiona! Councillor, Three Regional Councillors (Durham)/City Councillor, Three City Councillors and Nine Library Board Members Accidental Death & Dismemberment (24 Hour a Day Coverage) (No Annual Aggregate Limit and No Deductible) Weekly Income - Total Disability Weekly Income - Partial Disability $ 100,000. $ 500. $ 250. Municipal Conflict of Interest Percentage of Legal Fees and Expenses Maximum Limit of Reimbursement per claim (No Annual Aggregate Limit) 100% $ 100,000. Legal Expense Percentage of Legal Fees and Expenses Maximum Limit of Reimbursement per claim Annual Aggregate Limit 100% $ 100,000. $ 25O,OOO. Frank Cowan Company Limited '6- PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS/AMOUNTS PART B-PROPERTY Property Insurance (including Data Processing Insurance) Total Sum Insured * Valuable Papers Accounts Receivable (other than Data Processing) Extra Expense (other than Data Processing) Business Interruption Rent or Rental Value Form Gross Revenue Form $ 125,211,000. $ 5OO,OOO. $ 5OO,OOO. $ 1,000,000. $ 500,000. $ 2,584,5O0. Checkroom Liability $ 5,000. Data Processing System and Equipment Media Extra Expense Fine Arts Form Exhibition Form $ 1,440,800. $ 47,OOO. $ 50,000. $ 2,000. As Per Lists Provided Deductible $ Exceptions: Checkroom Liability, Fire Training Trailer, Fine Arts Form and Exhibition FormS - Peril of Flood $ -Perii of Earthcuake 3% or Minimum $ *Note: Please refer' to the insurance contract for an itemized list of assets containin9 specific limits of insurance o~ tbs: ar-c excluded from th=.. poiicy. 10,000. 1,000. 25,000. !00,000. Frank Cowan Company Limited '7- PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS/AMOUNTS Boiler and Machinery ] ; '4- ,_,ml~ per Accident- Comprehensive Extra Expense Water Damage Ammonia Contamination Expediting Expenses Hazardous Substance (including PCB Contamination) Business Interruption - Loss of Profits (Gross Revenue - All Buildings & Facilities, Greenwood Museum, Picketing - Don Beer Arena, 940 Dillingham Road, Pickering - Dunbarton Indoor Pool, 655 Sheppard Ave. E., Picketing - Pickering Recreation Complex, 1867 Valley Farm Road, Pickering Spoilage - Goods under Refrigeration Professional Fees Data and Media By-Law Cover Deductible $ 50,000,000. $ 500,000. $ 500,000. $ 500,000. Included $ 500,000. 94,500. 600,000. 100,000. ,79O,OO0. 5O,OOO. 500,000. 10,000. Included 10,000. Frank Cowan Company Limited -8- SUMUARY SUMMARY OF COVERAGES LIMITS/AMOUNTS PART ~ - AUTOIVtOBILE Automobile Fleet Liability Limit Deductibles Section 3 (Third Party) Section 6 (Direct Compensation) No Physical Damage applies to 1951 Antique Pumper (Parades) Alt Perils applies to Alt Other Vehicles $ 25,000,000. $ 10,000. $ 10,000. $ 10,000. Garage Automobile Third Party Liability Limit Customer Vehicles Collision Limit Deductible Specified Perils Limit Deductible $ 3,000,000. $ 200,000. $ 5OO. $ 3OO,OOO. $ 5oo. Frank Cowsn Company Limited O Iii ~ COMPREHENSIVE INSURANCE PROGRAM COVERAGE FEATURES 2005 - 2006 Frank Cowan Company Limited -10- PART A CASUALTY [=rsn~; Cowan Corn=any Limited 1:[3 MUNICIPAL LIABILITY INSURANCE Features The Cowan Municipal Program incorporates a comprehensive and broadly worded liability policy which was designed specifically to meet the needs of municipalities and their corresponding risks which are quite different and unique from other commercial risks that are insured under a Commercial General Liability (CGL) policy. When comparing forms of coverage, it is important to note that unless the coverage is specifically excluded, it is generally covered, subject to the terms and conditions of the policy. Liability coverage provided for Bodily Injury, Property Damage, and Personal Injury. Separate Limit of Liability applies. No Annual Aggregate limit is applicable Coverage is provided on an Occurrence basis. Broad form Definition of Insured applies, including: Councillors, Employees, Statutory' Officers, Firefighters, Volunteers, Boards, Commissions, and Committees. Cross Liability is included. Coverage applies Worldwide. The fo/lowing coverages are included to the furl poficy limit, unless specified otherwise: Employers' Liability Contractual Liability Liquor Liability Tenants' Legal Liability Sewer back-up Liability Professional Liability on an Occurrence basis (e.g. Medical Malpractice). Malpractice Liability Watercraft Liability Products Liability Wrongful Dismissal coverage is included, subject to the limits specified Summary of Coverage pages. No exclusion for sexual, physica! o~' mental abuse appiies to the entity. Building Inspection Services, in the Please refer To. the insurance contrsct for al~ limits, terms, conditions an¢ exclusions Frank Cowan Company Limited -12- ERRORS AND OMISSIONS LIABILITY INSURANCE Features This is a c/aims-made policy that protects the municipality from liability imposed upon it by a court of civil law for compensatory damages because of a wrongful act causing financial loss to a third party. Claims for Wrongful Acts causing financial loss to a third party can range from, but are not limited to, negligence in building inspection, zoning, planning, passing by-laws, failing to enforce by-laws, to misrepresentation, abuse of power and acting in bad faith. Separate Limit of Liability applies. , No Annual Aggregate limit is applicable. Broad form Definition of Insured applies, including: Councillors, Employees, Statutory Officers, Firefighters, Volunteers, Boards, Commissions, and Committees. · Administration of Employee Benefit Programs is included to the full policy limit (no aggregate limit applies). Coverage applies Worldwide. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company Limited -13- NON-OWNED AUTOMOBILE INSURANCE Features This po/icy provides fiability protection against .claims arising out of accidents involving vehicles not owned by the municipality, but operated on its behalf. · The main coverage is as per S.P.F. No, 6--Non-Owned Automobile Policy. separate limit of liability applies. Coverage is extended to provide excess automobile liability insurance, to the policy limit, for Councillors, Board Members, Officers, Employees, and even Volunteers for claims arising while driving their own vehicles on municipal business. Physical damage coverage, as specified in the Summary of Coverage pages, is provided for the municipality's contractual and legal liability for damage to vehicles not owned by the corporation or any other insured. (Note: Unlike standard industry wordings, we do not restrict this coverage to "hired" automobiles only.) Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company Limited -14- ENVIRONMENTAL LIABILITY INSURANCE Features This is a claims-made policy that protects the municipality from environmental liability for claims because of bodily injury, property damage and the prevention, control, repair, clean-up or restoration of environmental impairment. Cowan's comprehensive wording, among other things, does not limit a municipality to claims arising from a sudden and accidental event. [] Separate limits of liability apply specifically to this coverage. · Broad form Definition of Insured applies, including: Councillors, Employees, Statutory Officers, Firefighters, Volunteers, Boards, Commissions, and Committees. , Broad definition of Environmental Impairment applies. · Coverage is included for sudden and accidental events and for liability resulting from events that occur gradually and over a period of time (i.e. not limited to sudden and accidental claims). · Coverage is included for liability arising out of the escape of contaminants from properties previously owned, leased or operated by the municipality. Coverage is included for impairment caused by owned watercraft. · Coverage applies Worldwide. [] No exclusion for landfill sites, open or closed. [] No exclusion for fuel tanks, above or underground. Piease refer to the insurance contract for al! limits, terms? conditions and e×ciusions th,~t appi~', Frank Cowan Company Limited -15- CRIME INSURANCE Features This policy provides protection to the municipafity for the loss of money, securities and other property through the fraudulent or dishonest acts of employees and others. Coverage is provided on a Commercial Blanket Bond package, and may include: - Employee Dishonesty, - Loss of Money and Securities, - Money Order and Counterfeit Paper Currency, and - Depositors Forgery. Audi'[ expense coverage is in addition to the overall bond limit, to the maximum amount provided in the Summary of Coverage pages. The definition of "employee" is extended to include all persons holding positions in the municipality's service who are not compensated, and includes Members of Council, Members of all Boards, Commissions and Committees appointed by and under Council's jurisdiction. The definition of "messenger" is also extended to include persons not compensateS. - No deductible applies. Please refer to the insurance contract for ali limits, terms, conditions and exclusions that apply. Frank Cowan Company Limited -16- COUNCILLORS' ACCIDENT INSURANCE Features This policy provides accident insurance coverage for the benefit of the municipality's elected officials. All benefits are payable in addition to any other benefits that the injured person may be in t,eceipt of. Coverage applies while the individual is acting within the scope of their duties, including all travel required. = No aggregate limit applies. ,, No age restriction applies. Coverage is not limited to "authorized" travel only. ,, Weekly indemnities are paid in full regardless of the individual's employment status (e.g. retired, self-employed, etc.). Weekly indemnity for Total Loss of Time is payable for life. A schedule of Dismemberment Benefits is provided and payable as set out in the policy. - Funeral expenses are included up to $10,000. · Blanket Accident expenses are included up to $10,000. and include dental, chiropractic, registered nurse, podiatrist, ambulance, drugs, crutches, etc. Piease refer' '(o the insurance contraci toy att iimits, terms, conditions and exciusions that appiy. Frank Cowan Company Limited -17- CONFLICT OF INTEREST INSURANCE Features This policy provides for the reimbursement of legal fees and expenses incurred by the ~. ~ , ','~,, Conflict elected or appointed members ~f Council who are charged under t,he ,Zum..,~,a/ of Interest Act, provided that a court finds ('1) there has been no contravention, or (2) contravention has occurred by reason of inadvertence, remoteness, or insignificance, or (3) contravention has occurred by reason of a bona fide error in judgement. Coverage is provided in respect of each individual Insured's claim to the maximum limit specified in the Summary of Coverage pages. Separate limit of insurance applies to this coverage. No annual aggregate limit applies. Coverage is extended to include any member of a Board, Commission, or Committee of the Insured as defined in the Municipal Conflict of Interest Act. Coverage is also included for any subsequent proceedings under this Act. The Insured selects and instructs legal counsel with no intervention by the insurer. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowar~ Company Limited -18- LEGAL EXPENSE INSURANCE Fsatures This policy provides for the reimbursement of legal fees including disbursements incurred by the insured in defence of charges laid for an alleged offence under any Statute of the Province of Ontario (except for the Highway Traffic Act and the Municipal Conflict of Interest Act). Some of the more common Statutes where exposure exists include: Environmental Protection Act, Freedom of Information and Protection of Privacy Act, Occupational Health and Safety Act, Ontario Water Resources Act, and Pesticides Act. Broad form Definition of Insured applies, including: Councillors, Employees, Statutory Officers, Firefighters, Volunteers, Boards, Commissions, and Committees. Separate limits of insurance apply to this coverage. Coverage applies to both "guilty" and "not guilty" outcomes if applicable. The Insured selects and instructs legal counsel with no intervention by the insurer. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowar~ Company Limited -19- PART B PROPERTY Frank Cowan Company Limited - 20 - PROPERTY INSURANCE Features This policy provides "All Risk" coverage to protect the municipality's assets from direct physical loss or damage. Coverage is provided on a blanket basis, which means that the municipality will not be jeopardized should the value of an asset be undervalued in the schedule and suffer a total loss. Rather, the municipality will enjoy the protection of the blanket limit of all assets combined. Another key feature of the Cowan wording is that the replacement cost coverage provides replacement of historical or unique buildings with materials as similar as possible to preserve their heritage, Broad definition of property insured is included. No co-insurance clauses apply. Insured is not required to provide a signed statement of values and policy does not contain a stated amount clause. Replacement Cost coverage is provided (unless specifically stated otherwise). Worldwide coverage is included. Replacement on same site is not required. No restriction on property in transit and coverage is provided to policy limit. Newly acquired property is automatically included with no limit other than the policy limit. Permission is granted for the following: to make additions, alterations and repairs (no limit other than the policy limit), for any property to remain vacant or unoccupied, to use any property for any purpose, and - to keep and use materials as usual and necessary. Sewer back-up coverage is included. By-law coverage is included to the policy limit. Debris removal (including Environmental/Pollution Clean-up) is included to the policy limit. Frank Cowan Company Limited -21 - Property Insurance Features continued The following coverages, if applicable, are included to the limit specified in the Summary of Coverage pages: Valuable Papers, Accounts Receivable, Extra Expense (including Interruption by Civil Authority), and Media (unless included under Data Processing Rider) · The following coverages are also available, if applicable (please refer to the Summary of Coverage pages): Data Processing System and Equipment, along with Media and. Extra Expense, - Fine Arts, - Exhibition Form, and - Business Interruption. If a single loss involves both the Automobile and Property Insurance policies, the Property policy deductible is waived only on any insured property attached to the automobile. One deductible applies should there be a loss involving both the Property and the Boiler and Machinery Insurance policies. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company Limited - 22 - BOILER AND MACHINERY INSURANCE Features This policy insures sudden and accidental mechanical breakdown to boilers, pressure vessels, and other equipment including resulting damage, all of which is generally excluded under a Property Insurance policy. Examples of common types of breakdowns insured would include: cracking, bulging, burning, explosion, mechanical breakdown and electrical burnout. This insurance also provides inspections and certification services as required by law. · Comprehensive Blanket coverage provided. · Broad definition of Object, includes communication equipment and production machinery. Settlement is based on repair or replacement cost (no depreciation factor). Broad definition of Accident applies. New locations and newly installed objects are automatically included. Computer Control Equipment is included when used solely to control or operate an insured object. The following coverages, if applicable, are included to the limit shown on the Summary of Coverage pages: - Extra Expense, - Water Damage, - Ammonia Contamination, - Expediting Expenses, - Hazardous Substance (including PCB Contamination), - Loss of Arena Revenues, Spoilage, Professional Fees, Data and Media, and - By-Law Cover. One deductible applies should there be tviachinery and Property insurance policies. a loss involving both the Boiler and Frank Cowan Company Limited ~ 23 ~ PART C AUTOMOBILE Frank Cowan Company Limited - 24 - AUTOMOBILE FLEET INSURANCE Features This policy provides protection for all claims arising out of the use or operation of licensed automobiles owned or leased by the municipality. Coverage is provided as per the Statutory Automobiie Owner's Policy. A special Cowan endorsement is added to enhance the basic policy coverage. Coverage is provided for Liability, Accident Benefits, Uninsured Automobile, and Direct Compensation - Property Damage. Loss or Damage coverages are available as requested by the Municipality to protect their licensed vehicles from physical damage caused by an insured peril. Coverage is automatically extended to include: - newly acquired vehicles, -. inappropriatelylicensed drivers, - permission to carw explosives, permission to rent or lease, damage caused by freezing of Fire-Fighting Apparatus, and permission to carry passengers for compensation. Our Replacement Cost coverage is unique. It provides repairs or replacement of vehicles with no deduction for depreciation. On a partial loss, repair estimates are calculated by using all new parts to repair damage. - On a total loss, the municipality has the option of purchasing a new vehicle, or accepting a cash settlement for the amount it would cost to purchase a new vehicle. Guaranteed Amount coverage can be provided on specified vehicles. Repairs or replacement will be undertaken without deduction for depreciation up to the Guaranteed Amount shown on the automobile schedule attached to the policy. Valued coverage can be provided on specified vehicles, usually those that are obsolete, would not be replaced, or would be replaced with a used vehicle. Actual cash value (ACV) coverage can be provided on specified vehicles. If a single loss involves both the Automobile and Property insurance policies, the Property policy deductible is waived only on any insured property attached t© the automobile. Please refer to the insurance corr[ract for ali limits, terms, 2.onditions and exciusions fha;; appi¥. Frank Cowan Company Limited - 25 - GARAGE AUTOMOBILE INSURANCE Features This policy provides protection for all claims arising out of a municipality's garage operations and its legal liability for customer vehicles. Coverage is provided as per the Statutory Garage Automob#e Policy. Garage operations include not only repair garages, but also storage garages and parking lot operations. 127 · Coverage is provided for Third Party Liability for bodily injury or property damage as per the limit specified in the Summary of Coverage pages. Coverage is also provided for Accident Benefits, Uninsured Automobile, and Direct L,ompensa,~on Property Loss or Damage coverage is available as requested by the municipality to protect its legal liability for a customer's automobile from physical damage caused by an insured peril, while in the care, custody or control of the municipality. Physical damage coverage for customer vehicles can include Collision, and Comprehensive or Specified Perils coverage. Please refer to the limits and deductibles for the selected coverage as specified in the Summary of Coverage pages. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company Limited - 26 - RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report CAO 10-05 concerning the Highway 401 Pedestrian Bridge Project, be received; and That Totten Sims Hubicki Associates (TSH) be invited to submit a proposal to the City for consulting services with respect to the preparation of design drawings for the Highway 401 Pedestrian Bridge Project as well as the completion of the required environmental assessments; and should this proposal be acceptable to the Chief Administrative Officer (CAO) and within the approved budget, that the appropriate City officials be authorized to enter into an agreement with TSH for the provision of consulting services with respect to this Project; and That staff be authorized to finalize a Funding Agreement with the Province for the Highway 401 Pedestrian Bridge Project, generally as set out in Attachment 2 to this Report, and once finalized, that the appropriate City officials be authorized to execute that Agreement; and That staff be authorized to submit an application for federal funding assistance for the Highway 401 Pedestrian Bridge Project to the Federation of Canadian Municipalities' Green Municipal Funds program, and to any other applicable federal funding programs. REPORT TO COUNCIL Report Number: CAO 10-05 Date: June 20, 2005 Thomas J. Quinn Chief Administrative Officer Subject: Highway 401 Pedestrian Bridge Project - Authorization to Proceed to Detailed Design - File: D 1210-002 Recommendation: 1. That Report CAO 10-05 concerning the Highway 401 Pedestrian Bridge Project be received. That Totten Sims Hubicki Associates (TSH) be invited to submit a proposal to the City for consulting services with respect to the preparation of design drawings for the Highway 401 Pedestrian Bridge Project as well as the completion of the required environmental assessments; and should this proposal be acceptable to the Chief Administrative Officer (CAO) and within the approved budget, that the appropriate City officials be authorized to enter into an agreement with TSH for the provision of consulting services with respect to this Project. That staff be authorized to finalize a Funding Agreement with the Province for the Highway 401 Pedestrian Bridge Project, generally as set out in Attachment 2 to this Report, and once finalized, that the appropriate City officials be authorized to execute that Agreement. That staff be authorized to submit an application for federal funding assistance for the Highway 401 Pedestrian Bridge Project to the Federation of Canadian Municipalities' Green Municipal Funds program, and to any other applicable federal funding programs. Executive Summary: Council direction is required on various matters related to tne City's proposed Highway 401 Pedestrian Bridge ProjecL including: (ii the provision of consulting services for the project; (ii) the finalization of s: Funding Agreemem with the Prov nce, and (iii)the submission of an application for federal funding assistance To the FCIC,'s Green Municipal Funds as well as any other applicable federal funding programs. Report CAO 10-05 Subject: Highway 401 Pedestrian Bridge Project Date: June 20, 2005 Page 2 Specifically, Council's direction is required with respect to engaging a consultant to provide services to the City concerning the design of the bridge and the completion of the required environmental assessments. In this regard, Council should consider inviting Totten Sims Hubicki (TSH) to submit a proposal to the City. TSH has been involved with the City in the Pedestrian Bridge Project from the outset, starting with the design and construction of the Highway 401 bridge footings in 1995 and more recently with respect to the preparation of bridge concept drawings. It would be reasonable, appropriate and cost-effective to continue to use the services of TSH for the required design and environmental assessment work. Should Council concur, an appropriate recommendation is provided that would invite TSH to submit a written proposal to the City, and would authorize the appropriate City officials to enter into an agreement with TSH, providing the proposal is acceptable to the Chief Administrative Officer (CAO) and within the approved budget. A recommendation is also provided that would authorize the appropriate City officials to finalize and execute a Funding Agreement with the Province, which Agreement would commit the Province to contributing 1/3 of eligible project costs, up to a maximum of $1.08 million. And finally, it is recommended that Council authorize staff to seek federal funding assistance with respect to the Bridge Project through the submission of a grant application to FCM's Green Municipal Funds program, and to any other applicable federal programs. Financial Implications: This Report seeks authorization for various matters related to the design of the Highway 401 Pedestrian Bridge Project and the completion of the required environmental assessments. It does not seek authorization for bridge construction. Bridge construction will be considered at a later date, after more information on construction costs becomes available through the design process. In approving the 2005 budget, Council allocated $300,000 for the design of the pedestrian bridge. It should also be noted that consulting costs are an eligible expense under the Provincial Funding Agreement, which will help offset the cost to the City for the provision of these services. Background: The Highway 40! Pedestrisn B,~'idge Project h~s beer., unde:' co.q$ideration by' the City for manv years, in 1995, Council authorized the expenditure of funds so that footings for' the pedestrian bridge could be established within the Highway 401 road allowance. Totten Sims Hubicki (TSH) provided consulting services to the City for the design and construction of these footings. Report CAO 10-05 Subject: Highway 401 Pedestrian Bridge Project Date: June 20,2005 Page 3 In 1997, Council adopted a new official plan encouraging as a high priority, the establishment of a "bridge for pedestrians and cyclists over Highway 401 linking the Downtown Core and the GO Transit Station." That same year, Council adopted Development Guidelines for the Pickering Downtown Core showing the location of the bridge. In April 2002, Council signed a confidential Memorandum of Understanding (MOU) with a private sector partner for the construction of the bridge. The MOU was later replaced with a bridge agreement between the City and the private sector partner, which was executed in January 2004. However, in August 2004, this bridge agreement was terminated because the private sector partner was unable to obtain various required approvals within the timeframes specified in that agreement. Following the termination of the private sector agreement, the City asked TSH to prepare a new set of conceptual drawings for the bridge (the earlier drawings that TSH had prepared were for the private sector partner and were based on a different concept of the bridge). The conceptual drawings prepared for the City are attached as Attachment 1 to this Report. In 2002, the City applied for a provincial grant to assistin constructing the Highway 401 Pedestrian Bridge under a program known then as GTIP (Golden Horseshoe Transit Investment Partnerships). In June 2003, the Province announced a number of transit projects for funding under GTIP, including the City's pedestrian bridge. The GTIP program allowed for grants up to 1/3 the estimated cost of the project. For the City's project, this amounted to a grant of up to $1.08 million. Unfortunately however, the City was not in a position to execute its GTIP Agreement with the Province at that time, because certain matters respecting the City's agreement with our private sector partner had not been totally resolved. With the termination of the private sector agreement, staff contacted the Province to confirm the status of the City's GTIP grant. We were advised that the program is still applicable, albeit under a new name (the "Provincial Transit Expansion Funding Program"). We were also advised that the City's Highway 401 Pedestrian Bridge Project still qualifies for funding assistance up to $1.08 million, and that the end-date for financial assistance has now been extended to the end of March 2007. We therefore asked the Province to send us a new Funding Agreement template (see Attachment 2). This new Agreement must be executed generally in the form as provided by the Province before funding assistance can be provided. It is therefore recommended that Council authorize staff to finalize and execute this Agreement in order to secure the Province's funding commitment for the bridge. Also, to move this project beyond the conceptua; stage, staff is seeking Council's authorization to invite TSH to submit a written proposal for' consulting services for the design of the bridge and tine completion of tine required environmenta! assessments (a provincial environmental assessment is required, and possibly also a federal assessment should the City be able to secure federal funding assistance). TSH is an appropriate and logical choice for this assignment given the fact that it has been Report CAO 10-05 Subject: Highway 401 Pedestrian Bridge Project Date: June 20, 2005 Page 4 involved with this project from the outset, initially with the design and installation of the footings, then as a consultant to our private sector partner, and more recently with respect to the preparation of the City's conceptual bridge drawings. Furthermore, over the years, TSH has successfully completed numerous infrastructure assignments for the City as well as many other municipalities, and has a proven track record with respect to environmental assessments, bridge architecture and planning, and structural design. The City's Purchasing Policy allows the Manager, Supply and Services to award consulting contracts up to a value of $54,000, subject to the CAO's approval and a written report to Council apprising them of the award. For values in excess of $54,000 (as would be the case in this instance), the Policy requires a competitive method of purchase for consulting services, unless Council provides other instructions. Considering TSH's long-standing relationship with this project and their expertise in this area, appropriate circumstances exist whereby it would be advantageous and cost- effective to directly engage the services of TSH for this assignment. Should Council agree to proceed on this basis, TSH should be invited to submit a written proposal to the City, and authorization should be given to the appropriate City officials to enter into an agreement with TSH to provide consulting services in the event the proposal is acceptable to the CAO and within the approved budget. A purchase order would be issued following the execution of an agreement with TSH. In the 2005 federal budget, the Government of Canada provided additional support to the Federation of Canadian Municipalities (FCM) Green Municipal Funds program. New criteria for this program are currently being be developed by FCM and will be released shortly. We also understand that new "Intents to Apply" for federal funding under this program will be accepted by FCM in Autumn 2005. Staff contacted FCM to advise of the City's Highway 401 Pedestrian Bridge Project, including our interest in integrating solar photovoltaic and/or other green technology into the bridge structure. FCM informed the City that the bridge project as described would appear to merit consideration for a grant under the new Green Municipal Funds program. It is therefore recommended that Council also authorize staff to seek federal funding assistance with respect to the Highway 401 Pedestrian Bridge Project through FCM's Green Municipal Funds as well as any other applicable federal funding programs. Attachments: ~ Concept Drawino~ of the '-- ' - '. =h oposec Pedestrian ~. Pro¥inciai Funa'ng Actreement '~,~, -,*~ ~ ,~11 I~ IC:IL~ Report CAO 10-05 Subject: Highway 401 Pedestrian Bridge Project Date: June 20,2005 Page 5 133 Prepared By: Approved / Endorsed By: Thomas E. M,el~nuk ' Division Head, Corporate Projects & Policy Thomas'J. Quinn v Chief Administrative Officer TJQ:tm Attachments Copy: Directors Division Head, Corporate Projects & Policy Division Head, Municipal Property & Engineering Recommended for the consideration of Pickering City,Council Tho~s J. Quin~/Ch(~f Admini~ve Officer' Attachment 1 Report CAO 10-05 City of Pickering Highway 401 Pedestrian Bridge Concepts Attachment 2 Report CAO 10-05 Draft Version: May 16, 2005 PROVINCIAL TRANSIT EXPANSION FUNDING TEMPLATE AGREEMENT TO ASSIST THE RECIPIENT TO BETTER UNDERSTAND THE MINISTRY'S EXPECTATIONS WHEN DRAFTING THE SCHEDULES [NOTE: THE MINISTRY MAY MAKE CHANGES TO THIS TEMPLATE AT ANY TIME AND FOR ANY REASONS WHATSOEVER. ANY CHANGES THAT MAY POTENTIALLY AFFECT THE SUBSTANCE OF THE TEMPLATE IS SUBJECT TO REVIEW BY AND APPROVAL FROM THE MINISTRY'S LEGAL SERVICES BRANCH.] DRAFT PROVINCIAL TRANSIT EXPANSION FUNDING AGREEMENT 13 3 FUNDING AGREEMENT RELATED TO PROVINCIAL TRANSIT EXPANSION FUNDING THIS AGREEMENT made in triplicate as of the ~ 200 day of BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Transportation for the Province of Ontario referred to herein as the "Ministry" AND: referred to herein as the "Recipient" WHEREAS the Government of Ontario is investing in Ontario's Infrastructure ("Infrastructure" has the meaning given to it in section 1 of Schedule "A" (General Terms and Conditions)); AND WHEREAS the purpose of the provincial transit expansion funding (the "Program") is to support the expansion of inter-regional transit infrastructure within Ontario; AND WHEREAS Ontario's objectives for t.~e Program include working with municipalities to build strong communities with clean and healthy environments, solving inter-regional and region-wide congestion and growth pressures, positioning inter- regional transit as an attractive and financially viable alternative to automobile use, and encouraging balanced, integrated planning and investment decision-making between highway and transit modes; AND WHEREAS the Ministry is administering the Program; AND WHEREAS the Recipient has submitted an Expression of Interest ("Expression of interest" has the meaning given to it in section 1 of Schedule "A" (General Terms and Conditions)) for the Project ("Project" has the meaning given to it in section 1 of Schedule "A" (General Terms and Conditions)) which has been accepted for financial assistance by the Ministry; AND WHEREAS this Agreement defines the terms and conditions of a financial contribution to assist with the Project; NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties covenant and agree as follows: This Agreement, including: Schedule "A" - General Terms and Conditions; Schedule "B" - Description of the Project: Attachment I -!'?] Sub-project; Attachment 2 - [?] Sub-project; and Attachment 3 - [?] Sub-project; Schedule "C" - Financial Assistance; Schedule "D" - Other Funding; Schedule "E" - Additional Provisions; Schedule "F" - Form of Certificate of Title; [Note: Whether this schedule is required will need to be assessed on a case by case basis.] Schedule "G"- Form of Legal Opinion; [Note: Whether this schedule is required will need to be assessed on a case by case basis.] Schedule "H"- Communications Requirements Attachment 1 -Visual Identity Signage; and Schedule 'T'- Performance Measurement constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all prior orai or written representations and agreements. 2 13i IN WITNESS WHEREOF, the Ministry and the Recipient have respectively executed and delivered this Agreement as of the date set out above. [Note: There are three requirements: 1) The Agreement needs to be signed by the Mayor and the City Clerk, unless there is an express delegation of authority to municipal servant(s). In such case, the Recipient needs to provide the Ministry with a copy of the delegation; 2) All necessary information must be provided {i.e. name legibly written and title); and 3) The Municipality must provide a copy of the municipal by-law, including a confirmation by-law, as proof of authorization by the municipal council for the Recipient's to enter into the Agreement.] HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Transportation for the Province of Ontario by: Name: Title: ,, [Note: Name of the Recipient.] by: Name: Title: Name: Title: I/we have authority to bind the Recipient SCHEDULE "A" GENERAL TERMS AND CONDITIONS TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EXPANSION BETWEEN THE MINISTER OF TRANSPORATION FOR THE PROVINCE OF ONTARIO AND THE [Name of Recipient] ARTICLE I DEFINITIONS AND INTERPRETATION Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings ascribed to them below: "90% of Maximum Financial Assistance" means the amount set out in Schedule "C" (Financial Assistance) hereto. "Adjust the Financial Assistance" means adjust the amount of the Financial Assistance on the Project or the amount of financial assistance for any other project(s) of the Recipient under the Program, or any other provincial program(s) (either current or future), and/or require repayment of some or all of the Financial Assistance of the Project in an amount to be determined by the Ministry and within the period specified by the Ministry, "Agreement" means this Program agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. "Allowable Financial Assistance" has the meaning given to it in section 45 (Allowable Financial Assistance) of this Schedule "A" (General Terms and Conditions). "Alternative .Funds" has the meaning given to it in Schedule "D" (Other Funding). "Asset" means any Infrastructure or land or any interest in land for which Financial Assistance is provided pursuant to this Agreement. "Budget" means the Project costs set out in Schedule "B" (Description of the Project). "Business Day" means any day on which Government of Ontario offices generally are open for business in the Province of Ontario, 4 13:) "Communications Requirements" means the communications requirements set out in Schedule "H" (Communications Requirements) hereto, or as directed by the Ministry from time to time. "Consultant" means any consultant, engineer, contractor, project manager, architect or other service provider, as the case may be, retained by the Recipient to undertake any part of the work related to the Project. "Crown Agency" means a crown agency as defined in the Crown Agency Act (Ontario). "Eligible Cost" has the meaning given to it in section 9 (Eligible Costs) of this Schedule '%" (General Terms and Conditions). "End of Financial Assistance Date" means March 31, 2007. [Note: MTO is currently addressing the issue of date changes (if required), and will advise when a decision is made.] "Environmental Contaminant" means any hazardous or toxic substance or material including, without limitation, products of waste, contaminants, pollutants, dangerous substances, noxious substances, toxic substances, hazardous wastes and flammable, explosive or improperly handled friable materials. "Environmental Laws" means all applicable federal, provincial or municipal laws, regulations, by-laws, orders, rules, policies or guidelines respecting the protection of the natural environment, public or occupational health or safety, and the manufacture, importation, handling, transportation, storage, disposal and treatment of Environmental Contaminants and includes, without limitation, the Environmental Protection Act (Ontario), the Ontario Water Resources Act, the Environmental Assessment Act (Ontario), the Canadian Environmental Protection Act, 1999, the Canadian Environmental Assessment Act, the Fisheries Act (Canada) and the Navigable Waters Protection Act (Canada). "Event of Default" has the meaning given to it in section 68 (Event of Default) of this Schedule "A" (General Terms and Conditions). "Expiration Date" means March 31,2009. [Note: MTO is currently addressing the issue of date changes (if required), and will advise when a decision is made.] "Expressior~ of Interest" refers to the response provided to the Ministry's recluest for expression of interest issued in December 200'~. "Final Report" has the meaning given to it in section 41 (Final Report) of this Schedule "A" (General Terms and Conditions). "Final Report Date" means October 31, 2008. [Note: MTO is currently addressing the issue of date changes (if required), and will advise when a decision is made.] "Financial Assistance" means the funds to be advanced by the Ministry to the Recipient pursuant to this Agreement. "Generally Accepted Accounting Principles" means Canadian Generally Accepted Accounting Principles as adopted by the Canadian Institute of Chartered Accountants applicable as at the date on which such calculation is made or required to be made in accordance with Generally Accepted Accounting Principles. "Generally Accepted Auditing Standards" means Canadian Generally Accepted Auditing Standards as adopted by the Canadian Institute of Chartered Accountants applicable as at the date on which such record is kept or required to be kept in accordance with Generally Accepted Auditing Standards. "Ineligible Costs" has the meaning given to it in section 12 (Ineligible Costs) of this Schedule "A" (General Terms and Conditions). "Infrastructure" means publicly or privately owned fixed capital assets in Ontario for public use or benefit. For the purpose of this Agreement, Transit Vehicles (as defined in this section 1 of Schedule "A" (General Terms and Conditions)) shall be deemed fixed capital assets. "Licensed Marks" has the meaning given to it in section 61 (Licensed Marks) of this Schedule "A" (General Terms and Conditions). "Mandatory Other Funds" means ninety-five percent (95%) of the Total Other Funds. "Maximum Financial Assistance" means the amount set out in Schedule '%" (Financial Assistance). "Ministry" has the meaning given to it on the first page of this Agreement, "lViunicipality" means a municipality as defined in the Municipal Act, 200'/ (Ontario) and also includes local services boards as defined in the Northern Set~/ices Boards Act (Ontario) and other appropriate Iocai authorities in unorganized areas. "Other Funds" means the amount of funding provided towards the Project from sources other than the Recipient or the Ministry and as set out in Schedule "D" (Other Funding). "Payment Certifier" means a payment certifier as defined in the Construction Lien Act (Ontario). "Procurement Policies" means the Ontario Government policies and directives in effect from time to time respecting the procurement of equipment, services and supplies, including construction, applicable to Ontario Government ministries and Crown Agencies and the Broader Public Sector (as defined from time to time in the procurement policies). "Program" has the meaning given to it on the first page of this Agreement. "Progress Report" has the meaning given to it in section 40 (Progress Reports) of this Schedule "A" (General Terms and Conditions). "Project" means the [Note' add the number of Sub-projects.] Sub-projects as a whole. "Provincial Share" means the amount set out in Schedule "C" (Financial Assistance). "Public Transportation" means any service for which a fare is charged for transporting the public by vehicles operated by or on behalf of a municipality or local board thereof, or under an agreement between a municipality and a person, firm or corporation and includes special transportation facilities for the physically disabled, but does not include transportation by special purpose facilities such as school buses or ambulances. "Public Transportation Vehicle" means a streetcar, a bus or a trolley bus used for Public Transportation~ "Rapid Transit Vehicle" means a subway car or light rail car used for Public Transportation. "Recipient" has the meaning given to it on the first page of this Agreement. "Reserve Lands" means a reserve as defined in the Indian Act (Canada). "Schedule "B"" means Schedule "B" (Description of Project) inciuding all of the Sub-project AtTachments. '7 "Schedule "H" means Schedule "H" (Communications Requirements)" including Attachment 1 (Visual Identity Signage) to Schedule "H". "Sub-project" refers to any of the sub-projects that are described in Schedule "B" (Description of the Project). "Sub-project Attachments" means the sub-project attachments to Schedule "B" (Description of the Project) which describe each Sub-project. "Sub-project Milestones" means the key Sub-project tasks and timelines described in Schedule "B" (Description of the Project). "Sub-project Schedule" means the Sub-project schedule(s) set out in Schedule "B" (Description of the Project). "Substantially Performed" has the meaning set out in and shall be determined in accordance with subsection 2(1) of the Construction Lien Act (Ontario). "Total Eligible Costs" means the amount set out in Schedule "C" (Financial Assistance) hereto. "Total Other Funds" means the amount set out in Schedule "D" (Qther Funding) hereto. "Total Project Costs" means the total of the Eligible Costs and Ineligible Costs incurred from April 1, 2002 to March 31, 2007, including the costs that are reimbursed by the Financial Assistance up to [Note: need to insert the correct amount.] as set out under section 3 (Table B1 summary of costs related to the Project) of Schedule "B" (Description of the Project). [Note: MTO is currently addressing the issue of date changes (if required), and will advise when a decision is made.] "Total Sub-project Costs" means the aggregate of the costs of the components for each Sub-project incurred between April 1, 2002 to March 31, 2007, including the costs that are reimbursed by the Financial Assistance as set out under section 5 (Table B3 summary of costs related to the Sub-project components) of the Sub- project Attachments. [Note: need to insert the correct number of attachments.] [Note: MTO is currently addressing the issue of date changes (if required), and will advise when a decision is made.] "Trade Agreements" means the Agreement on internal Trade and the Agreement on the Opening of Public Procurement for Ontario and Quebec, and all amendments to those agreements. 145 "Transit Vehicle" means either a Public Transportation Vehicle or Rapid Transit Vehicle. Herein, etc. The words "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular schedule, article, section, paragraph or other subdivision of this Agreement. Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. Statutes. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. Gender, singular, etc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. ARTICLE II TERM OF AGREEMENT Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including the Expiration Date. End of Financial Assistance Date. Notwithstanding anything else in this Agreement and no matter what the state of completion of the Project, the Ministry shall not be obligated to provide Financial Assistance under this Agreement after the End of Financial Assistance Date. Change to End of Financial Assistance Date. Subject to prior Cabinet approval, upon request from the Recipient in writing within nine (9) months of the following dates, the Ministry may, at its sole discretion, change the End of Financial Assistance Date, Final Report Date and Expiration Date. ARTICLE Ill ELIGIBLE COSTS Eligible Costs. In order for a cost or expenditure to be eligible for Financial Assistance (an "Eligible Cost") pursuant to this Agreement, the cost or expenditure must: (a) be reasonable; (b) be directly related to and necessary for the due implementation of the Project described in Schedule "B" (Description of the Project). For greater certainty, where Schedule "B" (Description of the Project) identifies any item that is specifically excluded from the description of the Project under this Agreement, the costs associated with such item are not eligible; (c) be specifically identified in the Budget; (d) have been incurred after April 1,2002 and no later than March 31, 2007, except where otherwise expressly approved by the Ministry in writing; and [Note: IVITO is currently addressing the issue of date changes (if required), and will advise when a decision is made.] (e) be able to be documented at arms length through paid invoices or receipts. 10. Retention of receipts. The Recipient shall retain all evidence (such as invoices, receipts, etc.) of payment related to Eligible Costs and such supporting documentation must be made available to the Ministry or any third party or both, as the Ministry may direct in writing from time to time, when requested and maintained by the Recipient for audit purposes. 11. Possible Eligible Costs. Without limitation and provided that the criteria of section 9 (Eligible Costs) of this Schedule "A" (General Terms and Conditions) are met, Eligible Costs are as follows: (a) costs related to the purchase of land and any interest in land; (b) capital costs (as defined by Generally Accepted Accounting Principles) of acquiring, constructing or renovating the Asset or any part of the Asset, including all applicable taxes but excluding any tax rebates for which the Recipient is eligible and except as specifically excluded by section 12 (Ineligible Costs) below; (c) Project planning and management costs; (d) professional fees of arm's length Consultants (including, but not limited to, design, engineerin9 and legal); (e) transportation and deiive? costs; ]0 145 12. (f) installation and renovation costs; (g) specialized training costs (e.g. training on new equipment); (h) architectural, engineering and heritage studies related to the Project; (i) risk assessment and technical studies; d) communications costs insofar as they relate to the Communications Requirements and only to the extent allowed by the Communications Requirements; (k) official opening ceremony costs insofar as they relate to the Communications Requirements and only to the extent allowed by the Communications Requirements; off-site services costs as they may be approved by the Ministry and provided that they are necessary for the Project's completion, are reasonable in nature and in distance and are for the Project's principal use; (m) the cost of insurance required pursuant to this Agreement; and (n) the capital cost (as defined by Generally Accepted Accounting Principles) of special purpose equipment necessary for the operation of the Asset. Ineligible Costs. Notwithstanding anything else contained herein, the following costs and expenditures are not eligible ("Ineligible Costs") for Financial Assistance pursuant to this Agreement: (a) costs of developing the business case for the purposes of applying for Financial Assistance in relation to the Project under this Agreement; (b) costs related to the operation and maintenance of any capital assets; (c) costs associated with obtaining necessary approvals, licenses or permits where the Recipient is the entity providing the approval, license or permit; (d) costs associated with leasing land, buildings, equipment (except equipment described in section 1 l(n) (Possible Eligible Costs) of this Schedule "A" (General Terms and Conditions)) or other facilities; save and except for cost associated with leasing land and buildings required to perform the work necessary to complete the Project and for which prior approval in writing has been received from the Ministry; 14,5 13. 14. costs associated with general feasibility or general planning studies unless they form part of the Project and have received prior approval in writing from the Ministry; (f) costs associated with fundraising campaigns, capital project financing or operating leases; (g) costs associated with services or work normally provided by the Recipient as part of its operating budget or any agency of the Recipient; (h) the salaries and other employment benefits of any employees, overhead costs as well as other direct or indirect operating or administrative costs of the Recipient and more specifically these costs as related to planning, engineering, architecture, supervision, management and other services provided by the Recipient's permanent staff; (i) contributions or commitments in kind; (J) costs associated with furniture, fixtures, decorations, fitting-up supplies, and the like; (k) costs associated with Recipient travel; costs deemed ineligible under section 13 (Deemed ineligible) of this Schedule "A" (General Terms and Conditions); and (m) any other costs as determined by the Ministry from time to time and in its sole discretion. Deemed ineligible. The Recipient acknowledges that the Ministry's fiscal year ends on March 31 in each year, and that should an Eligible Cost not be submitted by the Recipient for payment of Financial Assistance before March 31 of the year following the fiscal year in which it was incurred, such Eligible Cost shall be deemed ineligible for Financial Assistance. Clarification. For clarity, the Recipient hereby expressly acknowledges that the inclusion of an item in the Budget does not necessarily mean that such item is an Eligible Cost. Where there is a conflict between the Budget and this Article III (Eligible Costs), the provisions of this Article III (Eligible Costs) shall prevail. ARTICLE IV FINANCIAL ASSISTANCE Use of Financ;,at Assistance,, The Finansia! Assistanc, e is, intended for and shall be used only for Eiigibie Costs. ]2 16. 17. 18. 19. 20. 21. 22. 23. Basis of pay. out of Financial Assistance. The Financial Assistance will be provided by the Ministry to the Recipient on the basis set out in Schedule "C" (Financial Assistance). Under-spending of the Provincial Share of the Total Project Costs. Within the Project, any under-spending of the Provincial Share of the Total Project Costs allocated to a Sub-project may be reallocated to any other Sub-project within the Project, subject to the Ministry's prior written approval. Funds advanced. If the Ministry, in its sole discretion and only in exceptional circumstances, provides Financial Assistance prior to the Ministry receiving evidence that the associated Eligible Costs have already been paid by the Recipient, then such Financial Assistance, including all interest earned thereon, remains the property of the Ministry and must be held by the Recipient in an interest bearing account pending payment of Eligible Costs. Without limitation, any payment of Financial Assistance that is made to the Recipient without the requirement of the Recipient first providing the Ministry with either a Progress Report or a Final Report must meet the requirements of this section 18 (Funds advanced). Maximum Financial Assistance. The total amount of Financial Assistance .provided to the Recipient shall in any event be no greater than the Maximum Financial Assistance. Excess funds. Where actual costs are lower or appear likely to be lower than the Total Eligible Costs, or where other funding is secured from any other government sources such that the funds available to the Recipient for the Project, including the Financial Assistance, exceed the Maximum Financial Assistance, the Recipient shall immediately notify the Ministry and the Ministry may, in its sole discretion, Adjust the Financial Assistance. Interdependent projects. Where implementation of the Project is dependent on completion of a project by others and the interdependent project is not completed by others in whole or in part, the Ministry may, in its sole discretion, Adjust the Financial Assistance. Recipient not carrying out Project. The Recipient shall immediately notify the Ministry if it does not intend to carry out the Project in whole or in part as specified in Schedule "B" (Description of the Project) in which case the Ministry may, in its sole discretion, Adjust the Financial Assistance. New information, in the event of new information~ errors, omissions or other circumstances affectin9 the de'~erminatior~ of ti~e amoun', of Financiai Assistance 13 143 '24. 25. 26. 27. 28. 29. under this Agreement, the Ministry may, in its sole discretion, Adjust the Financial Assistance. GST', The Financial ~*3istanc8 is based on ::he' "* , ~ n~,. :~mount or goods and services tax to be paid by the Recipient pursuant to the Excise Tax Act (Canada) net of any applicable rebates. Withholding payment. The Ministry may, in its sole discretion, withhold payment of Financial Assistance where the Recipient is in default in obtaining any necessary permits, approvals or licenses applicable to the Project, is in default of compliance with any provisions of this Agreement or any applicable legislation, the Recipient owes the Ontario Government money under any other project or program funded by the Ontario Government, or if, following joint reviews by the Recipient and the Ministry, the Ministry is not satisfied that there is adequate evidence of progress being made. Insufficient funds provided by the Legislature. If, in the opinion of the Ministry, the Legislative Assembly of Ontario does not provide sufficient funds to continue the Financial Assistance for any provincial fiscal year during which this Agreement is in effect, the Ministry may terminate this Agreement in accordance with the terms specified in section 72 (Termination without cause) of this Schedule "A" (General Terms and Conditions). ARTICLE V PROJECT AWARD, MANAGEMENT AND COMPLETION Recipient fully responsible. The Recipient shall be fully responsible for the undertaking, implementation and completion of the Project, retain any and all Consultants reasonably required to undertake a project of the size, scope and complexity of the Project, and ensure that the Project is completed on or before 2007 unless otherwise agreed to by the Ministry in writing. Where implementation of the Project is dependent on completion of a project by others, the Recipient shall be fully responsible for obtaining any assurances that it may require from others in relation to the implementation of the Project by the Recipient. Ministry not responsible for implementation. The Ministry shall not be responsible in any way whatsoever for the undertaking, implementation and completion of the Project or any interdependent project of others. Ministry not responsible for costs. The Ministry shall not be responsible for any costs associated with the operation, maintenance and repair of the Project nor any claims arising from the tender and bidding process. 14 143 30. 31. 32. 33. 34. Behaviour of Recipient. The Recipient shall carry out the Project in an economical and businesslike manner, in accordance with this Agreement and, in par cutar but 'without !imitation, in accordance with [he Budget and the Sub-project Sciqedule subject to any reasonable changes i:hat !he Ministry mav acjree fo or require from time to 'time in writing. Competitive process, The Recipient shall acquire all equipment, services and supplies required for the Project through a competitive process that ensures the best value for funds expended. For equipment, services and supplies the estimated cost of which exceeds twenty five thousand dollars ($25,000) the Recipient shall obtain at least three (3) written quotes unless: (a) the expertise the Recipient is purchasing is specialized and is not readily available; or (b) the Recipient has recently researched the market for a similar purchase and knows prevailing market costs for the equipment, services or supplies purchased. Competitive tender. All portions of the construction component of the Project (including materials and equipment) shall be competitively and openly tendered to competent contractors capable of completing the construction component of the Project, and the contract will be awarded to the lowest qualified-bidder or, where the bid price is not the sole specified selection criterion, the highest ranked bidder. Procurement Poficies and Trade Agreements. If the Recipient is subject to the Procurement Policies, the Trade Agreements or both, it shall comply with the requirements of the Procurement Policies and the Trade Agreements as applicable, in the event of any conflict between the requirements of sections 31 (Competitive Process) and 32 (Competitive Tender) of this Schedule "A" (General Terms and Conditions) and the Procurement Policies or the Trade Agreements, the requirements of the Procurement Policies or the Trade Agreements shall apply. Long-term capital management plan. The Recipient shall prepare and update annually thereafter a long-term capital asset management plan which outlines how the Recipient intends to meet its financial and other commitments for maintaining the Asset on an ongoing basis, including plans to recover the full operating costs through service charges where appropriate. Upon request, the Recipient shall provide to the Ministry a copy of the current long-term capital management plan. ARTICLE VI RECORDS AND AUDIT 15 35. Separate records. The Recipient shall maintain separate records and documentation for the Project and keep all records and documentation for seven .,,'.7) years after the final settlement of accounts referred to in section 42 (Final claims) of this Schedule "A" ~Generai Terms and Conditionsl). The ,~ecipient shall maintain all records and documentation relating to the Project including, but not limited to, work authorizations? invoices, time sheets, payroll records, estimates and actual cost of the activities carried out pursuant to this Agreement, together with tenders and proposals, final measurements, payment certificates, change orders, correspondence, memoranda, contracts and amendments thereto which shall be maintained in accordance with Generally Accepted Accounting Principles and the Generally Accepted Auditing Standards. 36. Provide records to Ministry. The Recipient shall make available and provide, upon request, at the Recipient's expense (including but not limited to photocopying, electronic media, transportation and postage, associated staff time, information retrieval and other office expenses) all records and documentation (including invoice summaries and certified statement of final costs) of the Recipient and its auditors, contractors, project managers and consultants relating to the Project or any other project(s) of the Recipient under the Program, or any other provincial program(s), for the purposes of cost reviews, audits and settlement, as deemed by the Ministry, of the Project or any other project(s) of the Recipient under the Program, or any other provincial program(s); such material to be provided to the Ministry and other ministries of the Province of Ontario as may be required from time to time, all in a form and manner satisfactory to the Ministry and other ministries of the Province of Ontario, as applicable. 37. External auditor. The Ministry may require the assistance of an external auditor to carry out an audit in accordance with Generally Accepted Auditin9 Standards of the material referred to in sections 35 (Separate records) and 36 (Provide records to Ministry) of this Schedule "A" (General Terms and Conditions). If so, the Recipient shall, upon request and at the Recipient's expense, retain an external auditor acceptable to the Ministry. The Recipient shall ensure that any auditor who conducts an audit pursuant to this section 37 (External auditor) or otherwise, provides a copy of the audit report to the Ministry for its consideration at the same time that the audit report is given to the Recipient. 38. Information. The Recipient shall supply, upon request, such information in respect of the Project and its results, including without limitation all contracts and agreements related to the Project and all plans and specifications related to the Project, as the Ministry, external auditor or Provincial Auditor, including their agents and employees, may require. The Ministry, external auditor and Provincial Auditor, including their agents and employees, shall be allowed access to the Recipient's premises and staff and to the site to: (i) inspect the progress and monitor the Project; (ii) perform cost reviews and audits on the Project; and (iii) ]6 39. confirm the results of the Project in terms of achieving the objectives of the Program, including resolving any infrastructure problems that cause an immediate and serious probtem for human health or the environment. Information condition precedent/orpayrnent. If, in 'the opinion of the Ministry, any of ~he information requirements of this Article V! (Records and Audit) are not met, the Ministry may, in its sole discretion, require the information as a condition precedent to any payment in relation to the Project or any other project(s) of the Recipient under the Program or any other provincial program(s) (either current or future). In addition, the Ministry may, in its sole discretion, Adjust the Financial Assistance. 40. ARTICLE VII REPORTING REQUIREMENTS Progress Reports. The Recipient shall submit progress reports (a "Progress Report") for the Project to the Ministry from time to time as required by Schedule "C" (Financial Assistance) hereto, or as requested by the Ministry and the Recipient shall follow such administrative procedures as are specified from time to time by the Ministry. Upon request by the Ministry, the Recipient shall meet with Ministry staff to discuss the reports and status of the Project. All Progress Reports shall be in a form satisfactory to the Ministry and shall include: (a) a detailed description of the progress of the Project to the date of the report; (b) particulars of how the Communications Requirements have been implemented or applied; (c) an interim unaudited financial statement showing Project expenditures and revenue certified by the chief financial officer of the Recipient; (d) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying the percentage of the Project completed; (e) an invoice summary, in the form(s) prescribed by the Ministry; (f) when requested, all original invoices and receipts for the Project; (g) details of any variance from the Project, the Budget and/or the Sub-project Schedule; and (h) any other information respecting the Project that may be requested by the Ministry. l? Final Report. Within three (3) months of the Project becoming Substantially Performed and no later tl-an the Final Report Date or such longer period as is specified in writing by the Ministry, the Recipient shall submit a final report (the "Final Report") for the Project to !he :Vlinistrv '.~nd the Recipient shall foilcw such administrative procedures as are specified from time to time by the Ministry. The Final Report shall be in a form satisfactory to the Ministry and shall include: (a) a detailed description of the Project as completed, including photographs; (b) particulars of how the Communications Requirements have been implemented or applied; (c) a final unaudited financial statement showing Project expenditures and revenue certified by the chief financial officer of the Recipient; (d) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying that the Project has been Substantially Performed; (e) an invoice summary, as prescribed by the Ministry; (f) when requested, all original invoices and receipts for the Project; (g) details of any variance from the Project, the Budget and/or the Sub-project Schedule; (h) details of how the objectives of the Program, as set out below, have been met: (i) (ii) (iv) (v) solving inter-regional and region-wide congestion and growth pressures; positioning inter-regional transit as an attractive and financially viable alternative to automobile use; achieving a significant automobile-to-transit modal shift in key commuter transportation markets, to achieve tangible regional environmental, economic and ,quality of life benefits; encouraging balanced, integrated planning and investment decision- making between highway and transit modes; and integrating transportation Infrastructure planning with land use development strategies have been met; and 153 42. 43. (i) any other information respecting the Project as may be requested by the Ministw, including audited financial statements. Pinai ctaims. Ueon receipt of !he Final ~ ' , ~-<.eloorz '(he iVlinistq~ s~ali not be obligated to consider any further claims in relation to the Project. Fiscal year-end report. Within thirty (30) days of March 31 of each year in which Eligible Costs are incurred, the Recipient shall provide to the Ministry an accounting of all Eligible Costs incurred in the twelve (12) months up until March 31. 44. 45. 46. 47. Subsequent report. Within eighteen (18) months and no earlier than twelve (12) months from the Project becoming Substantially Performed, the Recipient shall provide to the Ministry a report indicating how the Project's objectives identified in paragraph 41(h) (Final Report) of this Schedule "A" (General Terms and Conditions) and in Schedule 'T' (Performance Measurement) have been met. ARTICLE VIII OVERPAYMENT Allowable Financial Assistance. Funds advanced to the Recipient prior to settlement in accordance with section 42 .(Final claims) of this Schedule "A" (General Terms and Conditions) shall not be construed as a final determination of the amount of Financial Assistance applicable to the Project. Upon conduCting a cost review or audit of the Project, the Ministry will determine the final amount of Financial Assistance on the Project (the "Allowable Financial Assistance"). The Recipient agrees to repay to the Ministry, upon receipt of a written demand and within the period specified by the Ministry, that portion of the total of the funds advanced that exceeds the Allowable Financial Assistance applicable to the Project, as determined by the Ministry, as well as any funds used for a purpose other than that stated in the terms of this Agreement, as determined by the Ministry. Deduction of overpayment. The Ministry may deduct any overpayment of Financial Assistance pursuant to section 45 (Allowable Financial Assistance) of this Schedule "A" (General Terms and Conditions) made on the Project from financial assistance payable on any other project(s) of the Recipient under the Program or other provincial initiative(s) (either current or future). Any overpayment made on any other project(s) of the Recipient under the Program or other provincial program(s) (either current or future) may in turn be deducted from Financial Assistance owing on the Project. Interest on overpayment. The Ministry reserves the right to demand interest on any overpayment of Financial Assistance owing by the Recipient under the terms 19 154 48. of this Agreement at the rate established for the purposes of section 10 of the Financial Administration Act (Ontario), as amended. The Recipient shall pay the amount of interest owing ~.~pon ~eceip~ of a ',~/ritten demand and within the period specified by the Ministq/ ARTICLE iX iNSURANCE AND BONDING Insurance. The Recipient agrees to put in effect and maintain or cause to be put in effect and maintained for the period during which this Agreement is in effect, with insurers acceptable to the Ministry, all the necessary insurance that would be considered appropriate for a prudent Recipient of this type undertaking a project similar to the Project, including, without limitation: (a) Comprehensive General Liability Insurance, to an inclusive limit of not less than five million dollars ($5,000,000) per occurrence for property damage, bodily injury and personal injury, and including, at least, the following policy endorsements: (i) Her Majesty the Queen in right of Ontario as an additional insured for the purposes of the Project only; (ii) Cross Liability; (iii) Contractual Liability; (iv) Independent Contractors; (v) Products and Completed Operations; (vi) Employer's Liability and Voluntary Compensation; (vii) Thirty (30) days written notice of cancellation; (viii) Tenants Legal Liability (if applicable); and (ix) Non owned automobile coverage with blanket contractual and physical damage coverage for Hired Automobiles. (b) Property Insurance to a limit commensurate to the full replacement cost value of the Asset on an "All Risks" basis (including earthquake and flood coverage where the Asset is located in the designated Ontario earthquake zone). The policy must include the following: (i) Replacement Cost Value; 20 15:; 49. 50. (ii) Stated Amount Co-insurance; and (iii) Waiver oT ou~r~gauon. (c) Professional/Consultants Errors & Omissions Liability Insurance, insuring liability for errors and omissions in the performance or failure to perform professional services contemplated in this Agreement, in the amount of not less than two million dollars ($2,000,000) per claim and in the annual aggregate. Certificate of insurance. Prior to any scheduled payment of Financial Assistance pursuant to this Agreement and throughout the term of this Agreement the Recipient shall provide the Ministry with a valid certificate of insurance which references the Project, confirms the above requirements and identifies major exclusions in the policy. The Recipient shall provide the Ministry a copy of the policy and any renewal or replacement certificates as may be necessary or required by the Ministry or both. Notwithstanding section 48 (Insurance) of this Schedule "A" (General Terms and Conditions) and the above and subject to any other remedy of the Ministry under this Agreement, where Financial Assistance is provided in accordance with section 18 (Funds advanced) of this Schedule "A" (General Terms and Conditions), a certificate of insurance must be provided by the Recipient no later than sixty (60) days after the date that the advance was made, failing which the Ministry may Adjust the Financial Assistance. Bonding. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained in full force and effect during the term of this Agreement: (a) a performance bond in the amount of fifty percent (50%) of the contract price for any construction contract related to the Project and which is for an amount greater than two hundred thousand dollars ($200,000) covering the performance of that construction contract and the correction of any deficiencies; and (b) a labour and material payment bond in the amount of fifty percent (50%) of the contract price for any construction contract related to the Project and which is for an amount greater than two hundred thousand dollars ($200,000) covering the payment for labour, material or both. ARTICLE X INDEMNITY 51. Ministry not liable. In no event shall the Ministry be liable for: 21 158 52. 53. 54. 55. (a) any bodily injury, death or property damage to the Recipient, its employees, agents, or Consultants or for _any claim, demand or action by any third party against the Recipient, its employees, agents, or Consultants, arising out of or in any way related to t. his Agreement or the Project; or (b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents, or Consultants arising out of or in any way related to this Agreement or the Project. Recipient to indemnify. The Recipient agrees to indemnify and hold harmless Her Majesty the Queen in right of Ontario, Her directors, officers, employees and agents from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses (including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario)) and for any and all liability for damages to property and injury to persons (including death) howsoever caused (except if caused by the Ministry's own negligence or willful misconduct), as a result of any claim, demand or action arising out of or in any way related to this Agreement or the Project. Further indemnity. The Recipient further agrees to indemnify and hold harmless Her Majesty the Queen in right of Ontario, Her directors, officers, employees and agents, for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organization including the Ministry, arising out of or in any way related to this Agreement or the Project (except if caused by the Ministry's own negligence or willful misconduct). ARTICLE Xl TRANSFER OF ASSET Transfer of ownership. The Recipient shall not transfer the ownership of all or par[ of the Asset established with the Financial Assistance. Any transfer of ownership in contravention of this provision gives the Ministry the right to Adjust the Financial Assistance. Exception. Section 54 (Transfer of ownership) of this Schedule "A" (General Terms and Conditions) does not apply to a transfer of ownership to a Municipality, public utility commission or local services board provided that: (i) the Recipient obtains the prior written consent of the Ministry; and (ii) the Recipient, makes arrangements satisfactory to the Ministry regarding the obligation to repay the Ministry referred to in section 54 (Transfer of ownership) of this Schedule "A" (General Terms and Conditions). Any transfer of ownership by the Recipient in contravention of this provision does not relieve the Recipient of its obligation under section 54 (Transfer of ownership) of this Schedule "A' (General Terms and 22 157 56~ 57. 58. 59 60. Conditions) to repay the Ministry for some or all of the Financial Assistance in the amount determined by '!he Ministry and within the period specified by the Ministry. Lease. e~'c. The Recipient shail not lease, license (he use of, mortgage, charge or encumber the Asset or any part thereof, without the prior written consent of the Ministry, except for the lease or iicensing of re~aii premises to concessionaires for the sale of services and products customarily offered for sale in facilities such as the Asset provided that such retail premises do not in the aggregate exceed ten percent (10%) of the floor area of the Asset. Deduction from Financial Assistance. The Ministry may deduct the amount of Financial Assistance to be repaid under section 54 (Transfer of ownership) of this Schedule "A" (General Terms and Conditions) from financial assistance payable on any other project(s) of the Recipient under the Program or any other provincial program(s) (either current or future). ARTICLE Xll CONFLICT OF INTEREST AND CONFIDENTIALITY No conflict of interest. The Recipient and its Consultants and any of their respective advisors, partners, directors, officers, employees, agents and volunteers shall not engage in any activity or provide any services where such activity or the provision of such services creates a conflict of interest (actually or potentially in the sole opinion of the Ministry) with the terms and conditions set out in this Agreement. The Recipient acknowledges and agrees that it shall be a conflict of interest for it to use confidential information of the Crown relevant to the Project or otherwise where the Ministry has not specifically authorized such use. Disclose potential conflict of interest. The Recipient shall disclose to the Ministry without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. Freedom of Information and Protection of Privacy Act. The Recipient acknowledges that the Ministry is bound by the provisions of the Freedom of /nformation and Protection of Privacy Act (Ontario) and regulations thereunder. 61. ARTICLE Xlll COMMUNICATIONS AND RECOGNITION Licensed Marks. The Recipient acknowledges that Her Majesty the Queen in right of the Province of Ontario is or will be the owner of certain distinguishing marks comprised of designs, trademarks and official marks which have come or 23 153 will come to be associated with the Province of Ontario (all such current and future marks, bein9 the "Licensed Harks"!. Acknowledgement in .aOVer~ising ~na publicity. 7he Recipient agrees to acknowledge 'the Financial Assistance of the Government of Ontario to the Project in all advertising and publici[y ,~eiating to the Project and in any construction signs and in any temporary or permanent tributes to Project donors by adhering to the Communications Requirements. 63. Use of Licensed Marks. In consideration of receiving the Financial Assistance, the Recipient agrees to use the Licensed Marks as follows: (a) the Recipient agrees to strictly use the Licensed Marks only as prescribed by the Communications Requirements and further as prescribed from time to time by the Ministry and not to use any other mark or trademark in combination with any of the Licensed Marks without the prior written approval of the Ministry. The Recipient agrees that it will not alter, modify, dilute or otherwise misuse the Licensed Marks; (b) the Recipient agrees to submit to the Ministry copies of any advertisements or'promotional materials containing the Licensed Marks for the Ministry's approval prior to any use thereof and to remove therefrom either any reference to the Licensed Marks or any element which the Ministry may from time to time upon reasonable notice designate; (c) the Recipient agrees that it will not state or imply, directly or indirectly, that the Recipient or the Recipient's activities, other than those permitted by this Agreement, are supported, endorsed, or sponsored by the Ministry and upon the direction of the Ministry shall issue express disclaimers to that effect; and (d) the Recipient agrees to promptly inform the Ministry of any suspected infringement of any Licensed Marks by a third party. 64. Cease using Licensed Marks. Whether or not the Recipient is in breach of this Agreement, forthwith upon any receipt by the Recipient of a written direction from the Ministry, the Recipient shall cease using the Licensed Marks, and without limiting the generality of the foregoing, will remove all signage and remove from circulation any use or reference to the Licensed Marks. 65. Indemnity. The Recipient hereby indemnifies the Ministry against any and all claims for death, illness, personal injury, property damage, improper business practices, or loss of any kind where such claims are in whole or in part premised upon the Recipient's use of the Licensed Marks. 24 155 ARTICLE XIV COVENANTS, REPRESENTATIONS AND WARRANT]ES represents and warrants ~o ~-:he Ministry that: (a) it is conducting its business in compliance with all applicable federal, provincial and municipal laws, and all rules, regulations, by-laws, notices, orders and approvals; (b) it has authority and any necessary approval to enter into this Agreement and to carry out its terms and, where applicable, has passed any required by-law or band council resolution; (c) it has or will apply for all permits, approvals, and licenses which are required in order to carry out the Project including, but not limited to, any approvals lawfully required under the Planning Act (Ontario), the Building Code Act (Ontario), the Highway Traffic Act (Ontario), the Public Transportation and Highway Improvement Act (Ontario), the Bridges Act (Ontario) and the Environmental Laws; (d) it validly exists as a legal entity with full power to perform and observe all the terms and conditions of this Agreement (e) it is now and will continue to be compliant with all Environmental Laws; (f) it owns or has a long-term lease (inclusive of any renewals) that expires no earlier than March 31, 2027 for the lands on which the Asset is or will be located and that it will provide evidence of same in the prescribed form set out in Schedule "F" (Form of Certificate of Title) hereto (in the case of ownership or Reserve Lands) or Schedule "G" (Form of Legal Opinion) hereto (in the case of a long-term lease) to the satisfaction of the Ministry, in its sole discretion, on or before the date of the first scheduled payment of Financial Assistance pursuant to this Agreement; (g) no construction, including, without limitation, site excavation, with respect to the Project occurred prior to April 1, 2002; (h) provided the Recipient is not a Municipality or a Crown Agency, it (i) is not a non-resident of Canada within the meaning of the Income Tax Act (Canada); (ii) is either a corporation, a partnership or a sole proprietorship validly in existence; and 25 67. 68. (iii) is registered and qualified to do business wherever necessary to carry out the Project: if .'he Recipaen~ is a iVlunici~aiiiv or a Crown Agenc'/, it nas ~he requisite legislative authority io carry out the Project; (j) it has the experience, financial means and ability to carry out the Project; (k) it will provide or arrange for funds totaling at least as much as the Mandatory Other Funds to be used for the Project; other than the Financial Assistance being provided pursuant to this Agreement, the Recipient has not and will not use any capital funding received from Her Majesty the Queen in right of Ontario or a Crown Agency towards any aspect of the Project; and (m) all information provided by the Recipient for and during the Program remains true, correct and complete in every respect except as set out to the contrary in this Agreement. Without limitation, Project, Budget, Sub-project Milestones, Other Funds, Total Other Funds and Alternative Funds are as set out in this Agreement and not as set out in the application material. Representations and warranties true condition precedent for payment. Upon request, the Recipient shall provide the Ministry with proof of the matters referred to in this Article XIV (Covenants, Representations and Warranties). It is a condition precedent to any payment under this Agreement that the representations and warranties under this Article XIV (Covenants, Representations and Warranties) are true at the time of payment and that the Recipient is not in default of compliance with any terms of this Agreement. Where this is not the case, the Ministry may, in its sole discretion, Adjust the Financial Assistance. ARTICLE XV DEFAULT, ENFORCEMENT AND TERMINATION Event of Default. Each and every one of the following events is an "Event of Default": (a) if in the opinion of the Ministry, the Recipient fails to conform or comply with any term or covenant contained in this Agreement to be performed or complied with by the Recipient; (b) if in the opinion of the Ministry any representation or warranty made by the Recipient in this Agreement or any certificate delivered to the Ministry pursuant hereto shall be materially untrue in any respect; 26 69. (c) (d) (e) (f) (g) (h) (i) if an order is made or an effective resolution passed for the winding up, or liquidation or dissolution of the Recipient or the Recipient is otherwise dissolved or ceases to ':3m/':.n its operation; if the Recipient ceases to have 'the status of a IVlunicipaiity or band of Indians under the Indian Act (Canada); if the Recipient uses any of the Financial Assistance for a purpose not authorized by this Agreement without the prior written consent of the Ministry; if the Recipient admits in writing its inability to pay its debts generally as they become due, voluntarily suspends transactions of its usual business, becomes insolvent, bankrupt, makes an assignment for .the benefit of its creditors, or a receiver or manager, court appointed or otherwise, is appointed for its assets or if the Recipient takes the benefit of any statute from time to time in force relating to bankrupt or insolvent debtors; if in the opinion of the Ministry a material adverse change occurs such that the viability of the Recipient as a going concern is threatened; if in the opinion of the Ministry the Recipient ceases to operate; if in the opinion of the Ministry the Recipient has failed to proceed diligently with the Project or abandons the Project in whole or in part, or the Recipient is otherwise in default in carrying out any of the terms, conditions or obligations of this Agreement, except where such failure is due to causes which, in the opinion of the Ministry are beyond the control of the Recipient; (J) if the Recipient has transferred all or part of the Asset, contrary to section 54 (Transfer of ownership) of this Schedule "A" (General Terms and Conditions); (k) if the Recipient has submitted false or misleading information to the Ministry; or the Recipient and/or any of its Consultants and/or any of their respective advisors, partners, directors, officers, employees, agents and volunteers has breached the requirements of Article Xll (Conflict of Interest and Confidentiality). Waiver. The Ministry may, at any time, waive any Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall be deemed 2? 162 70. 71. 72. to constitute, a waiver of such Event of Default unless such waiver is in writing from the Ministry. ;Re~eCies on de~;~uit. ~lotvwths'~anding any 3'[her ;'ights wnica ~.he Ministry may have under this Agreement, if an Event of Default has occurred, the Ministry shall have the 'following remedies provided only that in the case of an Event of Default which, in the opinion of the Ministry in its sole discretion, is curable, the Ministry has first given written notice of the Event of Default to the Recipient and the Recipient has failed to correct the Event of Default within ten (10) Business Days or such longer period of time as the Ministry may consent to in writing: (a) The Ministry shall have no further obligation to provide any Financial Assistance for the Project; (b) The Ministry may, at its option, terminate this Agreement and may, in its sole discretion, Adjust the Financial Assistance. The total amount of Financial Assistance shall be immediately due and payable by the Recipient and bear interest at the rate established under section 10 of the Financial Administration Act (Ontario), as amended; and (c) The Ministry may avail itself of any of its legal remedies which it may deem appropriate. Additional remedies. In addition to the remedies described in section 70 (Remedies on default) of this Schedule "A" (General Terms and Conditions), the Ministry may commence such legal action or proceedings as it, in its sole discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of the Ministry hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to the Ministry. Termination without cause. Notwithstanding anything else contained herein, the Ministry reserves the right to terminate this Agreement without cause upon such conditions as the Ministry may require, with a minimum of seven (7) days written notice to the Recipient. If the Ministry terminates this Agreement prior to the Expiration Date, the Ministry, subject to all of the Ministry's rights under this Agreement, including, without limitation, the Ministry's right to Adjust the Financial Assistance, shall only be responsible for the payment of Financial Assistance on the portion of the Project completed and Eligible Costs already incurred and paid at the time of such termination provided that the Recipient provides a report to the Ministry that meets the requirements of a Progress Report. Such report must be received by the Ministry within three (3) months of notice of termination being given to the Recipient pursuant to this section 72 (Termination without cause) of this Schedule "A" (General Terms and Conditions). 28 165 73. 74. 75. 76. ARTICLE XV~ N©T~CE Notice. Any demand, notice or communication to be made or given hereunder shall be in writing and may be made or given by personal delivery or mailed by first class registered mail, postage prepaid or by transmittal by facsimile, telecopy or other electronic means of communication addressed to the respective parties and at the addresses set out in Schedule "E" (Additional Provisions) attached hereto or to such other person, address or facsimile number or telecopy number as either party may from time to time provide the other in accordance with this section 73 (Notice) of this Schedule "A" (General Terms and Conditions) and Schedule "E" (Additional Provisions). Any demand, notice or communication made or given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof. Any demand, notice or communication made or given by facsimile or other electronic means of communication, if made or given at a time when it would be received by the Recipient during its normal business hours on a Business Day, shall be deemed to be received at the time it is sent; otherwise, such electronic communication shall be deemed to be received on the first (1st) Business Day following the transmittal thereof. Any demand, notice or communication mailed by registered mail shall be deemed to have been received on the third (3rd) Business Day following the day on which it was mailed. Representatives. The individuals identified pursuant to section 73 (Notice) of this Schedule "A" (General Terms and Conditions) will, in the first instance, act as the Ministry's or the Recipient's, as the case may be, representative for the purpose of implementing this Agreement. ARTICLE XVll MISCELLANEOUS Terms binding. The Recipient shall take reasonable measures to ensure that its officers, directors, partners, employees, agents and Consultants shall be bound to observe all the terms and conditions of this Agreement, including, but not limited to all covenants, representations and warranties set out herein. The Recipient shall include in any contract terms and conditions similar to and not less favourable to the Ministry than the terms and conditions of this Agreement to the extent that they are applicable to the work subcontracted, including but not limited to the requirements of section 38 (Information) of this Schedule "A" (General Terms and Conditions). Time of the essence. In the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. 29 164 77. 78. 79. 80. 81. 82. 83. 84. 85. Successors and assigns. This Agreement shall enure to the benefit of and be binding ,~,uon ~he parties.,,.,h¢r"f'-'~~,. and their resuective heirs, executors. administrators, succ~sscr~ and cermi'r, ted assigns. Severability. The validity or enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions hereof and such invalid or unenforceable provisions shall be deemed to be severable. No waiver. The failure by the Ministry to insist in one or more instances on performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver of the Ministry's right to require further performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. Division of Agreement. The division of this Agreement into schedules, articles, sections, clauses, paragraphs and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement. Governing law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. Survival Articles IV (Financial Assistance), VI (Records and Audit), VII (Reporting Requirements), VIII (Overpayment), X (Indemnity), XI (Transfer of Asset), XII (Conflict of Interest and Confidentiality), XlII (Communications and Recognition), XlV (Covenants, Representations and Warranties), XV (Default, Enforcement and Termination) and XVII (Miscellaneous) and section 34 (Long- term capital management plan) of this Schedule "A" (General Terms and Conditions) shall survive the expiration or early termination of this Agreement until March 31, 2027. No assignment. This Agreement shall not be assigned by the Recipient. No amendment. This Agreement shall not be varied, except by a document in writing, dated and signed on behalf of the Ministry and the Recipient. Interest. The Ministry reserves the right to demand interest on any repayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the rate established under section 10 of the FinancialAdministration Act, as amended. The Recipient shall pay the amount of interest owing upon receipt of a written demand and within the period specified by the Ministry. 3O 165 86. 87. 88. 89. 90. Ministry and Recipient independenL Nothing in this Agreement shall be deemed to constitute the Recipient an employee, servant, agent, partner of or in ioint venture with the ~4inistr,f %r 9n,.f ourpose whatsoever Recipient cannot represent the Ministry. The provision of Financial Assistance to the Recipient pursuant to this Agreement is 'for the sole purpose of, and is limited to, carrying out the Project. The Recipient warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of the Ministry and the Recipient acknowledges that it is not by the terms of this Agreement or otherwise, granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the Ministry or to bind the Ministry in any manner whatsoever other than as specifically provided in this Agreement. Consultants. The Ministry acknowledges that, in connection with carrying out the Project, the Recipient may engage one or more Consultants. The Ministry acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents or Consultants, including their hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient's employees, agents and Consultants and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. Cooperation. The Ministry and the Recipient agree to cooperate with one another and will be frank, candid and timely when dealing with one another and will endeavor to facilitate the implementation of this Agreement. Joint and several. Where the Recipient is made up of two or more entities, each such entity shall be jointly and severally liable (each completely and individually liable) to the Ministry for the fulfillment of the obligations of the Recipient under this Agreement. - END OF GENERAL TERMS AND CONDITIONS - 31 16,, SCHEDULE "B" DESCRIPTION OF THE PROJECT TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EXPANSION ~ETWEEN THE MINISTER OF TRANSPORAT]ON FOP, THE PRCV]NCF_. OF ONTARIO A,~JD THE ~Name .of Recipient] [Note: MTO is currently addressing the issue of date changes (if required), and will advise when a decision is made.] [Note: The Recipient must follow the following template when providing related information.] Project. [Note: Recipient to provide the name and brief explanation of the Project.] Overall Project management. [Note: Recipient to provide the titles, roles and responsibilities of the persons responsible for the overall project management.] 3. Table B1 summary of costs related to the Project. [Note: Recipient is to complete the following table.] Table BI Sub- ! Total Ineligible I Eligible Provincial Recipient project I Sub- Costs~ Costs Share of & Other component! project ~ Eligible Funds iC°sts i i Costs share of , ([?]%) Total Project Costs I ~ ([71%) Sub- project 1 Sub- project 2 Sub- project [?] total 32 167 4. Table B2 Project cash flow summary. [Note: Recipient to provide a summary of the costs '~:or the provincial fiscal year, i.e. from ApriJ I 'to March 31.] The total annual cash flow costs estimates associated with the Project are as follows: Table B2 t Project costs total contribution : 200212003 ~ 200312004 2004/2005 provincial Recipient & others i total 163 SCHEDULE "B" - ATTACHMENT 1 [Note: Recipient to insert the Sub-project title.] SUB-PROJECT TO AN AGREEMENT RELATED 'TO THE FUNDING OF PROVINCIAL TRANSit EXPANSION E~ETWEEN THE MINISTER OF TRANSPORAT]ON FOP. THE PROVINCE OF ONTARIO AND THE [Name of Recipient] [Note: The Recipient must follow the following template for each Sub-project.] ARTICLE I DESCRIPTION Objectives. [Note: Recipient must set out the objectives of the Sub-project which must relate to the objectives set out under paragraph 41 (h) (Final Report) of Schedule "A" (General Terms and Conditions).] Technical quality and innovative features. [Note: The Recipient must describe the quality and innovative features of the Sub-project.] ARTICLE II MANAGEMENT Sub-project management. [Note: The Recipient must provide details of the Sub-project management, identify roles and responsibilities of proposed partners and provide confirmation of support.] 4. Financial sustainability. [Note: The Recipient must demonstrate long-term sustainability and financial sufficiency.] 5. Table B3 summary of costs related to the Sub-project components. Table B3 major Sub- Sub- Ineligible Eligible Provincial Recipient project project Costs Costs share of & Other component costs Eligible Funds Costs ([Up share of to Total 33.33%)] Sub- project Costs Component 1 [Note: Recipient to I .... 34 replace the reference ~o "Compoi3en~: 1" ~3y the component name.~ Component 2 [Note: Recipient to replace the reference to "Component 2" by the component name.] Component [?] [Note: Recipient to replace the reference to "Component [?]" by the component name.] total ARTICLE III SUB-PROJECT MILESTONES Schedule. [Note: Recipient must describe the Sub-project Schedule indicating Sub-project Milestones, required approvals, estimated time frames for construction and/or capital asset delivery and proposed performance measures, and estimated costs.] Project start date: Project completion date: date prior to March 31, 2005] [Note: Recipient must indicate a Table Sub-~3rojec~. approvai(s) ! estimated time performance Sub-project ~/lilestones ~ frame measures costs , ($) Sub-project Milestone 1: [Note: Insert a brief description of the milestone.] Sub-project Milestone 2: [Note: Insert a brief description of the milestone.] Sub-project Milestone 3: [Note: Insert a brief description of the milestone.] Sub-project Milestone 4: [Note: Insert a brief description of the milestone.] [Note: add any necessary row for any additional Sub-project Milestones.] Total Sub-project Costs This amount must be reported in section 5 (Table B3 summary of costs related to this Sub-project components) of Schedule "B" - Attachment 1 for the appropriate Sub- project) under the total row in the Sub-project costs column. Note: It must be noted that the projected expenditures and estimated time frames as forecasted under the heading "Sub-project Milestones" are preliminary and based upon best available knowledge as of the date this Agreement is made. Although these projected expenditures and estimated time frames are subject to minor changes, they will be managed over the life of the Sub-project so as to not exceed the estimated Total Sub-project Costs of or the associated Provincial contribution of $ 36 ARTICLE tV CASH ~:LOW Table 85 Sub-project cash t'iow summary. The annual cash flow costs estimates associsted with the Sub-project are as follows: Table B5 Sub-project costs total contribution 2002~2003 2003~2004 2004/2005 provincial Recipient & others total t _ 3? SCHEDULE "C" FINANCIAL ASSISTANCE TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EX:PANS~ON BETWEEN THE ~IN~STER OF TRANSPORAT]ON FOP. THE PROV~NCE OF ONTARIO AND THE [Name of Recipient] Total Eligible Costs: $ Provincial Share: 33.33%, Maximum Financial Assistance: $ 90% of Maximum Financial Assistance: $ It is a condition precedent to any payment of Financial Assistance under this Agreement that the Recipient has provided evidence satisfactory to the Ministry, in the Ministry's sole discretion, that any permits, approvals, and licenses required under section 66(c) (Covenants, representations and warranties) of Schedule "A" (General Terms and Conditions) have been obtained, the Ministry has received the certificate of insurance as required by section 49 (Certificate of Insurance) of Schedule "A" (General Terms and Conditions) and the Ministry has received the certificate or opinion that is required pursuant to section 66(f) (Covenants, representations and warranties) of Schedule "A" (General Terms and Conditions). Subject to the provisions of this Agreement, and in particular but without limitation section 19 (Maximum Financial Assistance) of Schedule "A"(General Terms and Conditions) and the condition precedent set out above having been fulfilled by the Recipient, the Ministry may provide the Financial Assistance to the Recipient as follows: (a) Following receipt and approval by the Ministry of the Recipient's first (1st) Progress Report detailing the progress and status of the Project and substantiating that not less than thirty percent (30%) of the Project has been completed, the Ministry will provide Financial Assistance in the amount equal to the Provincial Share of what the Ministry deems Eligible Costs identified in the Progress Report. Such report must contain the information required in a Progress Report as set out in section 40 (Progress Reports) of Schedule "A" (General Terms and Conditions). (b) Following receipt and approval by the Ministry of the Recipient's second (2nd) Progress Report detailing the progress and status of the Project and substantiating that not less than sixty percent (60%) of the Project has been completed, the Ministry will provide Financial Assistance in the amount equal to the Provincial Share of what the Ministry deems Eligible Costs identified in the Progress Report. 3g Id) (e) Such report must contain the information required in a Progress Report as set out in section 40 (Progress Reports) of Schedule "A" (General Terms and Conditions). Following receipt and approval by the Ministnj of the Recipient's third (3rd) Progress Report detailing the progress and status of the Project and substantiating that not !ess than ninety percent (90%) of the Project has been completed, the Ministry will provide Financial Assistance in the amount equal to the Provincial Share of what the Ministry deems Eligible Costs identified in the Progress Report. Such report must contain the information required in a Progress Report as set out in section 40 (Progress Reports) of Schedule "A" (General Terms and Conditions). In no event will the total of the Financial Assistance provided pursuant to (a), (b) and (c) above exceed 90% of Maximum Financial Assistance. Following receipt and approval by the Ministry of the Recipient's Final Report detailing the progress and status of the Project and substantiating that the Project has been Substantially Performed, the Ministry will provide Financial Assistance in the amount equal to the Provincial Share of what the Ministry deems Eligible Costs identified in the Final Report. Such report must contain the information required in the Final Report as set out in section 41 (Final Report) of Schedule "A" (General Terms and Conditions). Upon written request from the Recipient, the Ministry may, in writing and at it's sole discretion, allow the Recipient to use the Financial Assistance provided towards specific Sub-project costs for other Sub-project costs, as long as the Maximum Financial Assistance is not exceeded. SCHEDULE "D" OTHER FUNDING TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EXPANSION BETWEEN THE MINISTER OF TRANSPORAT~ON FOR THE PROVINCE OF ONTARIO AND THE [Name of Recipient] The Other Funds are as follows: source amount amount total committed anticipated ($) ($) ($) , Total Other Funds-+ The Recipient has arranged the following alternative sources of funding (the "Alternative Funds") as a precaution with respect to the Other Funds, which are anticipated: source amoUnt ($) 4O I';'13 SCHEDULE "D' OTHER FUNDING TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EXPANSION ]3ETWEEN THE MINISTER OF TRANSPGRATtON FOR THE PROVINCE OF ONTARIO AND THE [Name of Recipient] The Other Funds are as follows: source amount I amount total committed anticiPated ($) ($) ($) Total Other FUndS --> The Recipient has arranged the following alternative sources of funding (the "Alternative Funds") as a precaution with respect to the Other Funds, which are anticipated: source amount ($) 4O i75 SCHEDULE "E" ADDITIONAL PROVISIONS TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EXPANSION BETWEEN THE MINISTER OF TRANSPORAT]ON FOR THE PROVINCE OF ONTARIO AND THE [Name of Recipient] The Ministry and the Recipient agree to the following additional provisions: da Further to section 73 (Notice) of Schedule "A" (General Terms and Conditions) hereto, notice shall be given at the following addresses, unless otherwise agreed to by the Urban and Rural Infrastructure Policy Branch Director for the Ministry and the Recipient in writing: (a) If to the Ministry: Ministry of Transportation Urban and Rural Infrastructure Policy Branch 2nd Floor, Building "B" 1201 Wilson Avenue Toronto, Ontario M3M 1J8 Attention: Director Fax: 416-235-3573 (b) If to the Recipient: · · Fax: · Attention: ° Other provisions: 4] SCHEDULE "F" FORM OF CERTIFICATE OF TITLE TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINg]AL TRANSIT ~-XPANS~ON SETWEEN THE ~]iNISTER OF TRANSPORAT]ON FOR THE PROWNCE OF ONTARIO AND THE (Name of Recipient] [Note: basis.] RE: AND RE: AND RE: TO: Whether this schedule is required will be assessed on a case-by-case SOLICITOR'S CERTIFICATE OF TITLF PROVINCIAL TRANSIT EXPANSION FUNDING [Name of Recipient as on Page 1 of the Agreement] (the "Recipient") application for Financial Assistance under the PROVINCIAL TRANSIT EXPANSION FUNDING Recipient's Title to [short legal description of lands including P.I.N. if applicable and municipal address] (the "Property") Ministry of Transportation, Urban and Rural Infrastructure Policy Branch This is to certify to the Ministry in connection with the Recipient's application for Financial Assistance for improvements to the Property under the provincial transit expansion funding that, as of the date of this Certificate of Title: The Recipient is the registered owner in fee simple with good and marketable title to the Property by transfer/deed registered in the Land Registry Office for the Land Titles/Land Registry Division of (No. ) on as Instrument No. , a true copy of which [or in the case of property in Land Titles] a true copy of the Property's P.I.N. Parcel is attached. There are no mortgages liens, easements, agreements or any other restrictions or encumbrances that prevent the construction, occupation and use of the improvements to the Property. There are no outstanding arrears of property taxes, local improvement charges or any special assessments or rates against the Property. 4. I am a member in good standing of the Law Society of Upper Canada. DATED at , this day of ,200 Name of solicitor: Firm: Mailing Address: 42 1 ?$ SCHEDULE "G" FORM Of LEGAL OPINION TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EXPANSION BETWEEN THE MINISTER OF TRANSPORAT]ON FOR THE PROVINCE OF ONTARIO AND THE [Name of Recipient] [Note: Whether this schedule is required will be assessed on a case-by-case basis.] RE: AND RE: AND RE: TO: PROVINCIAL TRANSIT EXPANSION FUNDING [Name of Recipient as on Page 1 of the Agreement] (the "Recipient") application for Financial Assistance under the provincial transit expansion funding for improvements to the Property (as defined below) Recipient's lease of [short legal description of lands including P.I.N. if applicable and municipal address] (the "Property") Transportation, Urban and Rural Infrastructure Policy Branch [Note: In satisfaction of section 66(f) (Covenants, representations and warranties) of Schedule "A" (General Terms and Conditions) (in the case of a lease), your solicitor's legal opinion should be addressed as set out above and should contain the following statement:] We are of the opinion that as of the date hereof, the Recipient, as tenant, has entered into a binding and enforceable lease (the "Lease") dated for the Property with , as landlord. The term of the Lease (inclusive of any renewals) expires no earlier than March 31,2027, and there is no term or condition in the Lease or any other agreement that will prevent the Recipient from constructing, occupying and using the improvements to the Property. DATED at , this day of ,200 Name of solicitor: Firm: Mailing Address: 43 1'73 SCHEDULE "H" COMMUNICATIONS REQUIREMENTS TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EXPANSION BETWEEN THE MINISTER OF TRANSPORATION FOR THE PROVINCE OF ONTARIO AND THE [Name of Recipient] 1,~ Purpose of Schedule This Schedule describes the Recipient's responsibilities and financial obligations involved in producing, installing and maintaining signs and plaques as well as in arranging announcements and ceremonies for the Project. 2. General Principles The Recipient will work with the Ministry's officials and other partners to undertake communication activities ensuring equal recognition of all parties making a significant financial contribution to the Project. All ceremonies, events, signs and plaques will follow these Communications Requirements and any other requirements that may be specified by the Ministry. All parties making a significant financial contribution to the Project shall receive equal recognition and prominence when logos, symbols, flags and other types of identification are incorporated into announcements, ceremonies, signs and plaques unless the Ministry provides otherwise. All announcements, events and ceremonies will be organized jointly with equal participation from all parties making a significant financial contribution to the Project. Both official languages will be used for public information, signs and plaques in accordance with the French language services standards for Ontario. 3. Signs and Plaques The Recipient must comply with the Ontario style guide when designing all signs and plaques as set out below: · Ontario's style guide and digital templates in a variety of formats are available from Ontario's password-protected Partner Centre on its Web site at www. pir.,qov.on.ca. For Passwords, please complete the Join Form on the main page of the Partner Centre. For more information, please contact the Ontario Standards Advisor by phone at 416-325-0424, fax at 416-325-8440 or e-mail at Standards.Advisor@pir.,qov.on.ca. 44 The Recipient will ensure that proofs of all Ontario's capital project signs and plaques are reviewed by the Ministry before installation. 4. Responsibilities The Recipient is responsible for erecting Ontario capital project signs indicating all Ministry Financial Assistance, municipal contribution and other parties making a significant contribution toward the Project at all sites, facilities, etc. where the Financial Assistance is being used. The Recipient shall erect signs and install plaques as directed by this Schedule "H" (Communications Requirements). The relevant standards and procedures are outlined in the following paragraphs. External Project Signs (Temporary) External Proiect Signs (at least 120cm high by 240cm wide /four feet high by eight feet wide) are required where the Maximum Financial Assistance exceeds fifty thousand dollar ($50,000) the Project is underway and where the duration of the Project is longer than three (3) months. Larger signs (240cm high by 480cm / eight feet high by sixteen feet wide) are required where the Maximum Financial Assistance exceeds two million five hundred thousand dollar ($2,500,000) where the Project is underway and where the duration of the Project is longer than one year. External Project signs shall follow the approved design and guidelines outlined in the Ontario style guide. These guidelines provide specifications such as the required positioning of government Iogos and those of its public and/or private- sector partners, as appropriate. Both official languages will be used for public information, signs and plaques when required by Ontario's French language services standards for Ontario projects. The Recipient will submit proofs via e-mail of the external project signs to the Ontario Standards Advisor for approval. The Recipient will oversee the manufacture of the sign and ensure that the selected location of the sign does not restrict accessibility, pose any hazard or interfere with facilities and services (e.g. electrical systems, drainage, and the like). The Recipient shall ensure that the Project signs are erected in prominent locations at the Project site as soon as possible after the execution of this Agreement and no later than thirty (30) days after the start of construction. Erected signs should be maintained for up to sixty (60) days following Project completion. The Recipient will arrange for sign removal and re-cycling following the 60-day period. 45 Signs should be freestanding, securely assembled and erected, away from other distracting signs. No other sign, including those of design and/or engineering firms and/or contractors involved with the Project, should be attached to the P,,oject sign. The Recipient is responsible 'for sending to the Ontario Standards Advisor, within thirty (30) days of receipt of the Ministry's approval of design proofs, a photograph (digital or otherwise) which portrays the erected sign in relation to the Project. Where the Maximum Financial Assistance does not exceed fifty thousand dollar ($50,000), the Recipient may, at its option, install a sign (following the requirements of this Schedule "H" (Communications Requirements)) and the costs associated with so doing will be an Eligible Cost in accordance with this Schedule "H" (Communications Requirements). Plaques (Permanent) Upon completion of a Project where the Maximum Financial Assistance exceeds five hundred thousand dollar ($500,000), the Recipient will install a permanent plaque. Permanent plaques may follow the design outlined in the Ontario style guide or use a style suited to the building, provided all governments and partner Iogos are included. · Costs for plaques shall be part of the Project's Eligible Costs in accordance with this Schedule "H" (Communications Requirements). o The Recipient will submit proofs of the plaques to the Ministry for approval. · Both official languages will be used for public information, signs and plaques when required by Ontario's French language services standards for Ontario projects. ° Upon completion of a Project where the Maximum Financial Assistance does not exceed five hundred thousand dollar ($500,000), the Recipient may, at its option, install a permanent plaque (following the requirements of this Schedule "H" (Communications Requirements)) and the costs associated with so doing will be an Eligible Cost in accordance with this Schedule "H" (Communications Requirements), 7. Visual Identity Signage The Recipient will install and maintain the exterior and interior visual identity signage as supplied by the Ministry on Transit Vehicles that received provincial financial support through the Program. A sample of the visual identity signage has been attached as information {see Attachment 1 to this Schedule "H" (Communications Requirements)). External visual identity signage must be located immediately to the left of the front passenger entrance doors of the vehicle. Internal visual identity signage should be 46 182 placed on an interior wall in a location and height that will be convenient for passengers !o read. 8 Eligible Costs External Project Signs (Temporary) Small sign: 120 cm high by 240 cm wide/4 feet high by 8 feet wide production- $1,250 installation- $1,000 total $2,250 Large sign: 240 cm high by 480 cm wide/8 feet high by 16 feet wide production - $2,250 installation - $2,000 total $4,250 Plaques (Permanent) 71 cm high x 45.7 cm wide/28 inches high by 18 inches wide Cast bronze $2,500 for one colour Cast aluminum $2,000 for up to three colours Engraved acrylic $1,500 for up to three colours 9. Announcements and Ceremonies All governments must be equally represented at events. When asked by elected representatives or designated officials from the Ministry the Recipient will coordinate a mutually agreeable venue, date and time for the event in light of the availability of the alt government participants from all levels of government. The Recipient may invite other elected officials and members of council. The Recipient should also invite local interested parties, such as contractors, architects, labour groups, and community leaders. After the participants, date and location have been determined, the Recipient should send out invitations to all guests. 4? 18o When appropriate, the Recipient should invite the general public by posting notices in public areas, such as post office and libraries or by placing public sen/ice announcements in the !ocal media. All written communications (invitations, public service announcements, posters, and f~he like) must indicate that the Project received Financial Assistance from Ontario. The Recipient could arrange for light refreshments to be served after the event, for example coffee, tea, juice and donuts. The Recipient will have an opportunity to provide input into the agenda, media advisory, news release and the like, and will receive final copies in advance of the event. Depending on the size of the event site, a specially designed program backdrop, banner and/or lectern sign will be provided to the Recipient. Provincial and municipal flags should also be on display at all events. 10. Responsibilities The Recipient will: · make all local arrangements for venue (e.g., podium, flags as appropriate, seating for speakers, shovels for ground-breaking ceremonies or ribbon for opening ceremonies and the like) if required; · produce invitation and guest list and distribute invitations; · display Project material (could include information on other provincial transit expansion funding projects carried out by the Recipient); · choose a master of ceremonies, if required; arrange for refreshments if desired; and, · arrange for a public address system if appropriate. 48 184 Eligible Costs The Ministry will fund a portion of a recommended event (sod turning, plaque unveiling, ribbon-cutting, official opening) in accordance with this Agreement. In order for a cost to be considered an Eligible Cost for the purposes of this Schedule "H" (Communications Requirements), the Ministry must pre-approve the budget related to the event. No more than seven hundred fifty dollars ($750) of Eligible Costs will be considered by the Ministry. Only costs associated with events recommended by the Ministry will be considered Eligible Costs. The Project may be of such regional or provincial significance that it warrants a major event (such determination to be made by the Ministry, in its sole discretion). If this is the case, specific Project budget above seven hundred fifty dollars ($750) in Eligible Costs may be permitted with the prior written approval of the Ministry. For the purposes of announcements and ceremonies, Eligible Costs include the following: Printing and mailing invitations; Refreshments*; Draping for plaque unveiling; Project material for display and/or media kit; Temporary signage; and Rentals such as: o flagpoles; · stage; · chairs; · podium; and · PA system. *Only light refreshments such as coffee, tea, donuts, muffins will be considered Eligible Costs. The cost of certain items such as alcoholic beverages, china, tents, waiters, guest mileage or transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not Eligible Costs. 49 SCHEDULE "H" - ATTACHMENT 1 VISUAL IDENTITY SIGNAGE TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EX?AN$1ON ~ETWEEN THE ~IN]STER OF TRANSP©RAT]ON FOR T?]E PROWNCE OF ONTARIO AND THE ~Name of Recipient] The following are the visual identity signage that shall be installed and maintained by the Recipient as per section 7 of Schedule "H" (Communications requirements). Exterior Recognition Stickers - approximate size 3" X 8" Ontario Interior Recognition Stickers - approximate size 4"X 12" Ontario, 5O SCHEDULE "i" PERFORMANCE MEASUREMENT TO AN AGREEMENT RELATED TO THE FUNDING OF PROVINCIAL TRANSIT EXPANSION ~3ETWEEN THE MINISTER OF TRANSPORATtON FOR THE PROVINCE OF ONTARIO AND THE [Name of Recipient] Definitions. For the purposes of this Schedule 'T', the Ministry and the Recipient agree to the following definitions: "Performance Measure" means an attribute of the Project, described in Table 1.3.1 of section 3 to this Schedule '1" (Performance Measurement), that must be measured to determine whether a corresponding Performance Target (as defined in this Schedule "1" (Performance Measurement)is met. "Performance Indicator" means the quantification or qualification, described in Table 1.3.1 of section 3 to this Schedule 'T' (Performance Measurement), as applicable, of a Performance Measure. "Performance Target" means the specific quantitative or qualitative 9oal, described in Table 1.3.1 of section 3 to this Schedule "1" (Performance Measurement), against which a Performance Indicator will be compared and which may be adjusted by the Minister from time to time to take into account unforeseen circumstances. Performance Indicators. As part of the information to be provided under the reporting requirements identified in section 44 (Subsequent report) of Schedule "A" (General Terms and Conditions), the Recipient shall collect the data required under Table 1.3.1 of section 3 to this Schedule 'T' (Performance Measurement) to determine and report on the Performance Indicator for each of the Performance Measures. Performance Measurement Components. The following table describes the performance measures, performance indicators and performance targets referred to in other sections of this Schedule 'T' (Performance Measurement): Table 1.3,1: Performance Measurement Components Performance Performance Indicator Performance Target Measure [Note to draft: To [Note to draft: To be [Note to draft: To be determined on determined on a case-by- be determined on a a case-by-case case basis.] case-by-case 51 187 basis.] basis.] {Note to draft: To be determined on a case-by-case basis.~ [Note to draft: To be determined on a case-by- case basis.] [Note to draft: To be determined on a case-by-case basis.] Performance measurement plan. The Recipient shall submit to the Ministry for approval a performance measurement plan describing the data the Recipient shall collect and the frequency of such collection to determine and report on the Performance Indicator for each of the Performance Measures. Sufficiency of data under the plan. The performance measurement plan provided by the Recipient under Section 3 of this Schedule 'T' (Performance Measurement) shall provide sufficient data and other information regarding the Performance Indicator for each Performance Measure to allow the Recipient and the Ministry to determine if the corresponding Performance Target has been met. Additional information. From time to time, at the request of the Ministry, the Recipient shall provide any other information respecting the Performance Measures, Performance Indicators and Performance Targets as the Ministry may require. Deduction or set-off from financial assistance. If the Performance Targets are not achieved, in the opinion of the Ministry, the Ministry may, at its sole discretion and in accordance with Ministry policies, deduct,or set off 0 to 5% of the Financial Assistance from any other project(s) of the Recipient under the Program or any other provincial program's (either current or future), and such amount of financial assistance shall be deemed to be a debt to the Crown under the FinancialAdministration Act, R.S.O. 1990, c. F.12, as amended. 52 185 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 17-05 regarding a Beach Volleyball Partnership Proposal, be received; and That the partnership proposal submitted by Team Twelve training and PVB Canada to construct five (5) beach volleyball courts in 2005 and an additional five (5) courts in 2006 at Diana, Princess of Wales Park, be accepted; and That a by-law be enacted to authorize the execution of a Lease Agreement through which Team Twelve Training and PVB Canada will be permitted to develop and operate a Beach Volleyball Facility and Program at Diana, Princess of Wales Park for a five year term; and That staff at the City of Pickering be given the authority to give effect thereto. OPERATIONS a EMERGENCY SERVICES'BEPAR?ME? MEMORANDUM June 23, 2005 To: Thomas J. Quinn Chief Administrative Officer From: Everett Buntsma Director, Operations & Emergency Services Subject: Beach Volleyball Courts - File: A-2130 Attached please find a "Draft" Agreement for the operation of Beach Volleyball Courts in Diana, Princess of Wales Park. The Capital cost of construction will be solely the responsibility of Solstice Sport. Also, commencing in June 2006 Solstice Sport will pay to the City $500 per court per year for the use of the City land. I trust this information is satisfactory to proceed. EB:mld Attachments Copy: '-¢. r-t-. Everet Bt.B.~tsma Division Head, Culture & Recreation Division Head, Municipal Property & Engineering THIS LiCENCE AGREEMENT made pursuant, to the provisions of Section 110 af t~ ~ Municipal Act, 2001, chapter 25 as of the 27® day of June 2005 ~ l.~ ~':!/~ ?' BETWEEN: SOLST',CE SPORT (hereinafter called the "Club"~ OF ':-HE F!RST PART, and THE CORPORATION OF THE CITY OF PtCKERING OF THE SECOND PART. (hereinafter called the "City") WHEREAS the City is the Owner of Diana, Princess of Wales Park, located at 1550 Diefenbaker Court, Pickering AND WHEREAS the Club is legally incorporated AND WHEREAS the partnership proposal submitted to construct five (5) beach volleyball courts in 2005 and an additional five (5) courts in 2006 NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: 1. The parties hereto acknowledge and confirm that the recitals contained herein are true in substance and in fact. In this Agreement, the term, (a) "Department" means the City's Operations & Emergency Services Department; (b) "Park" means that portion of Diana Princess of Wales Park as set out by hatched lines on the sketch attached hereto and marked as Schedule A to this agreement; The City grants to the Club the exclusive use of that portion of the Park as outlined in Schedule A attached hereto, for the period: June 27, 2005 to June 27, 2010 hereinafter called the "Term" and only between the hours of 8:00 am and 10:00 pm, Monday through Sunday, throughout the Term. The Club, its servants, agents and employees, shall comply strictly with all applicable statutes, laws, by-laws, orders, rules, regulations and policies governing the operation of the Park and the conduct of the businesses of the Club and of the City, including but not limited to all applicable health and safety regulations governing the conduct and operation of the Park. The Club shall, (a) be responsible for all construction costs and related costs for five (5) beach volleyball courts in 2005 and an additional five (5) courts in 2006; (b) (c) id) (e) (f) (g) (h) (i) (J) (k) (m) (n) (o) (P) (q) (r) be responsible for all maintenance and operation costs for the beach volleyball courts throughout the term of this agreement; deposit with the City, before the beginning of the Term, a certificate of insurance verifying that a general liability insurance policy in the amount of au least $2,000,000 is in place in respect of injury .'.o or death of 3ne or more persons, or of damage to property, in a form satisfactory to the C;ty; indemnify the C~,~.y for any costs, claims or damages .,-'rom any ioss, damage or injury, including loss of life, to any person or property at any time in or on the beach volleyball courts, however such loss, damage or injury may occur: keep the beach volleyball courts in good repair and maintain the courts and lands surrounding the courts at a high level of cleanliness; ensure that it uses the beach volleyball courts only during the operating hours of 8:00 am to 10:00 pm, Monday through Sunday, in each calendar year throughout the Term; refrain from serving alcohol or allowing the consumption of alcohol within or around the beach volleyball courts unless the required liquor license/permit necessary to permit the sale of alcohol for special occasions has been obtained by the Club; supply electrical power to the beach volleyball courts if required, at its own expense; obtain the approval of the City's Director, Operations and Emergency Services before altering, adding to or varying in any way all or any part of the beach volleyball courts not advertise or place signage of any kind on the outside of the beach volleyball courts, or on the fencing surrounding the courts, without the prior approval of Pickering Council; refrain from interfering with the enjoyment of the Park by any member of the public; keep the City free from any costs originating from or associated with the Club's operation or the operation of the Club's programs on the beach volleyball courts; permit the City, its servants, agents and employees, to have access to the beach volleyball courts at any time during the Term, whether or not the Club is operating, for the purpose of conducting inspections of the courts; provide one handicap accessible portable washroom (to comply with the Building Code) at the Park for the months of June to September inclusive, for each year of the Term at the Club's expense; leave the Park in a neat, tidy and clean condition at the end of the Term, and immediately repair or replace any damages to the Park from the placement of the beach volleyball courts; be responsible for the development of adult and youth programs and will be the official organizer for adult and youth beach volleyball programs - the Club will have exclusive rights to these programs; be responsible for all marketing of programs; monitor and control revenues for adult and youth registrations; 192 (s) ail programs will operate June 1-mid September; (t) provide the City with a list of all programs operating. 'The C:ub shai! !~rovide ~he City, a security in the form of either cash or sn ;rrevocaDie ietter of credit issued by a chartered bank in Canada in the amount of $2.500:15500 per couF3, per year starting June !, 2006. Such security may be drawn upon by ihe City in such amounts, and at such iimes as the City, in its sole discretion deems advisable, for the purpose of maintaining ~he beach volleyball courts in the Park should the Owner fail to maintain the Park to the City's satisfaction. The City shall also be entitled to draw upon the security to cover any costs incurred by the City in removing the beach volleyball courts from the Park, and restoring the Park, should it become necessary for the City to do so as a result of a breach of this Agreement by the Club, or in the event that the Club abandons the beach volleyball courts at the end of the Term. The City shall not be liable to the Club for any toss of or damage to the beach volleyball courts, the Club's equipment, supplies or products, whether caused by fire, theft, and burglary. All property of the Club or members of the public at any time on the land shall be at the sole risk of the Club (or members of the public, as the case may be provided that such member of the public has voluntarily assumed such risk which transfer or risk shall be the responsibility of the Club) and the City shall not be liable for any loss or damage thereto however occurring and the Club releases the City from all claims and demands in respect of any such loss or damage. The Club shall assume all liability and obligation for any and all loss, damage, or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the Park by the Club or its members and the club shall at all times indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising there from or connected therewith. 10. (a) Notwithstanding the provisions of this Agreement, either party may terminate this Agreement upon thirty (30) days prior written notice to the other. (b) Notice of early termination may be given by personal delivery or registered mail, (i) in the case of the Club, to Solstice Sport c/o Mike Slean, 1775 Valley Farm Road, Unit #77, Picketing, ON, L1V 7J9. (ii) in the case of the City, to The City Clerk, The Corporation of the City of Picketing, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, L1V 6K7. (c) Each party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other. (d) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. 11. (a) This Agreement is not assignable by the Club without the prior written consent of the City, which consent may be arbitrarily withheld. (b) This Agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the persons comprising the Club have hereunto affixed their hands and seals and the City ,qas hereunto affixed its corporate seal, attested by the hands of its authorized officers. 195 .-:'HE CCRPORATION OF THE ¢,..-, ,-tv, OF P!C~,,~-RING David Ryan, Mayor Debi Bentley, City Clerk SOLSTICE SPORT i/We have the authority to bind the corporation. PICKERING RECREATION COMPLEX 0 0 0 OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION REPORT TO COUNCIL - OES 17-05 P-030 DIANNA PRINCESS OF WALES PARK PROPOSED VOLLEYBALL COURT LOCATIONS lOj ~r REPORT TO EXECUTIVE COMMITTEE Report Number: OES 17-05 Date: May 31,2005 From: Stephen Reynolds Division Head, Culture & Recreation Subject: Beach Volleyball Partnership Proposal Diana, Princess of Wales Park Recommendation: That Report OES 17-05 regarding a Beach Volleyball Partnership Proposal be received; and The partnership proposal submitted by Team Twelve Training and PVB Canada to construct five (5) beach volleyball courts in 2005 and an additional five (5) courts in 2006 at Diana, Princess of Wales Park be accepted; and A by-law be enacted to authorize the execution of a Lease Agreement through which Team Twelve Training and PVB Canada will be permitted to develop and operate a Beach Volleyball Facility and Program at Diana, Princess of Wales Park for a five year term; and 4. Staff at the City of Pickering be given the authority to give effect thereto. Executive Summary: Team Twelve Training and PVB Canada have submitted a formal partnership proposal to construct a beach volleyball facility at Diana, Princess of Wales Park. A new beach volleyball facility would meet the demand for beach volleyball within the City of Pickering. This facility will allow all ages to participate in new and exciting recreation programs. Programs will include organized leagues, tournaments, clinics and camps. The Operations & Emergency Service Department recommend that a lease agreement be initiated with Team Twelve Training and PVB Canada. 19 '"o Report OES 17-05 Subject: Beach Volleyball Partnership Proposal Diana, Princess of Wales Park Date: May 31,2005 Page 2 Financial Implications: Team Twelve Training and PVB Canada will be responsible for all construction costs for the new beach volleyball facility (approximately $65,000-$90,000). All maintenance and operating costs will be the responsibility of Team Twelve Training and PVB Canada. Background: Team Twelve Training and PVB Canada have submitted a formal partnership proposal to construct a beach volleyball facility at Diana, Princess of Wales Park. Construction of this beach volleyball facility would consist of five (5) courts in 2005 and an additional five (5) courts in 2006. Team Twelve Training and PVB Canada are two organizations that have worked together on fitness and sport initiatives over the past two years. Team Twelve Training is a training organization that focuses on fitness assessments, personal training and sport-specific training. Team Twelve Training currently has a service agreement with the City of Pickering to provide personal training services and fitness assessments at the Pickering Recreation Complex. Team Twelve Training is also involved with Pickering's competitive volleyball program. PVB Canada is an organization that has been bringing the best volleyball athletes in Canada together with students, athletes and adults that want to learn and improve volleyball skills. PVB Canada has conducted numerous successful clinics and camps for various age groups across the Province. PVB Canada has worked closely with North Beach Indoor Volleyball Academy, the Public and Private School Boards and the Toronto East Sport and Social Club to develop programs that meet the increasing demand for qualified sport instruction. A new beach volleyball facility would meet the demand for beach volleyball within the City of Pickering. This facility will allow all ages to participate in new and exciting recreation programs. Programs will include organized leagues, tournaments, clinics and camps. Statistics show 800,000 Canadians are now playing beach volleyball throughout the summer months. In Ontario, 435,000 play at least once per month. Currently, the Toronto area has two recreational volleyball leagues with 6,000 players participating weekly. This would be the first of its tdnd Beach Volleyball operation within the Durham Region, Many of our volleyball enthusiasts are leaving the Region to participate in leagues and sociai activities. Provision of these courts wile provide an opportunity for the City to offer new programs and activities to a market not currently being met. CORP0227-07/01 Report OES 17-05 Subject: Beach Volleyball Partnership Proposal Diana, Princess of Wales Park Date: May 31,2005 Page 3 197 Team Twelve Training and PVB Canada are willing to invest time and money into a beach volleyball facility. Capital costs (approximately $65,000-$90,000) and operating costs will be the responsibility of Team Twelve Training and PVB Canada. To compensate for the capital costs they have requested to enter into a five year lease agreement for the use of a location at Diana, Princess of Wales Park. Enactment of the draft by-law attached will authorize the execution of a Lease Agreement for a five year term to be prepared in a form acceptable to the Solicitor for the City, in consultation with the appropriate City Departments and existing City practice. Attachments: Location Map. Proposal from Team Twelve Training and PVB Canada dated May 17, 2005. Draft By-Law. ,? Prepared By: Shardn Milton Supervisor, Facility Programs SR:Ig Attachments Copy: Chief Administrative Officer AgF¢Ov. ett TE'ndO~ed By: Director,~io~{& Emergency Services gti:Ss~';&~,°l~tu re &~ Recreation Director, Corporate Services & Treasurer Division Head, Municipal Property & Engineering Solicitor for the City Recommended for the consideration of Pickering City Council .... ,. Thom~ 3. OUin~'Chief~dministCaEve Officer t CORP0227-07/01 ...... OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION REPORT TO COUNCIL - OES 17-05 P-030 DIANA, PRINCESS OF WALES PARK MAY 30/2005 May 17, 2005 193 To whom it may concern, Team Twelve Training and PVB Canada are two organizations that have worked together on fitness and sport initiatives over the past two years. Team Twelve Trah~ing is a trainizig organization that focuses on fitness assessments, personal training and sport-specific training. Team Twelve eurrenfl.y holds the contract with the City of Pickering to manage all personal training clients and fitness assessments t!m'ough the ]?iekering Recreatiort Complex, Team Twelve Training is also involved with the Pickering's competitive volleyball program. PVB Canada is art organization that has been bringing the best volleyball athletes in Canada together with students, athletes mad adults that want to learn and improve volleyball ~Mlls. PVB has conducted numerous successful clinics and cmx~ps for various age groups across the province. PVB has worked closely with North Beach kdoor Volleyball Academy, the Public and Private School Boards mad the Toronto East Sport and Social Club to develop pro,ams that meet the increasing demand 'for qualified sport, instruction. TI2 m~d PVB would like to propose a project that would meet the demm~d for a beach ,/otleyba!l location within the Ci~ of Pickering. Beach Volleyball has taker/off in popularity and has become the new social, sport for young adults. Every week ~fight througho'ut the summer there are 90 or more courts of athletes competing and iateracting at Ashbridges Bay in Toronto as part o£ a social club, The Dm'ham Regim~ has become one of the 'hottest areas in Omario for elernerrtary, high school and club volleyball. This project would see a nmnber of beach volleyball co'm~ts constructed at one location, Tem:a Twelve and PVB Canada would amalganmte to organize leagues, tournaments, clinics, camps, bit!hday parties and many other projects. This site would be a profitable enterprise but also excellent opportunity for the residents of the City of Picketing and surrotmding areas m socialize and.. enjoy this great sport. ~ ¢~', Twelve mad PVB Canada look * ~' ~'~ ._ zorw~'d ro havir~c,_ _= 5be opportmnits*, to. shm'~, om' business plan with the CiW. of Piokeri~.g, Pie~se. ...... ~-~e~. free ~o con'tact ekher~ . of the ~wo or~,a__,zadon~' "' n; '-' ~ at the 4YTACHHEN"i' ~4, 2- TO REPORT # c._~.~_ ~ Name of the Registered Company Team Twelve Training - Mike Slean - w~vw.teamtwelvetrainina.corn PVB Canada - Mark Reilly - ww~v pvbcmmda.com The two companies are coming together to form a separate organization. Final confmnation of the name will occur shortly upon official business name registration. Terms of the Agreement T12 and PVB are looking to establish a long te~rn relationship with the City of Pickering, The beach volleyball venue is an exciting project that will increase in popularity year after year. T12 and PVB are investing significant time and money into this project and would like to see it realize its' full potential. A term of 5 years is stfitable for a project of this nattwe. At that time we would like to have the opporttmity to negotiate an extended tema. Partaershh~ with the Cit-v of Picketing Team Twelve Training and PVB Cmmda anxiously await a partnership with the City of Pickering on this deal. Both organizations look forward to providing quality programmhig for the citizens of Pickering. This facility will allow for citizens of all ages to participate in a new and exciting recreational program. Beach Volleyball Courts also provides an excellent opportunity for work with local businesses and charities. Team Twelve and PVB Canada would be responsible for daily progratnming on the courts. Unscheduled time slots would be left open for public access. Team Twelve and PVB have designed a schedule that will provide all ages an opportunity to participate within their age group and skill level, Schedule ~or Implementation ..... }, ofPickerin.g , '~ ~"~ ', . I es,mm.uon of Proposal . ~,, .~--~onerlB, Cou!~c~! Meeting ":' ' Excavation of Land ATTACHMENT # June 27ih , Hardware Installation June 2gth - Test Run with Full Equipment Set-Up July lSl. Canada Day Opening Event Proposed Site Develop~._.e_~__t 2005 - 5 Courts 2006 - 5 New Courts for a total fo 10 Courts Maintenance Two types of maintenance are going to be required at this site. Daily maintenance will involve raking the sand to remove any potentially harmful rocks or foreign objects that may cause injury during play. Shoveling and raldng of sand is also necessary to keep the playing surface level and to avoid the accumulation of sand around the perimeter of the site. Seasonal maintenance is going to be required to repair an), mesh barrier damage, topping up lost sand and repairing aging or dmnaged hardware. All maintenance will be the responsibility ofT12 and. PVB. ~nsurance Cover~ Insurance fbr this site has not been established at this 'time. J.D. Smith Insurance does insurance fbr camps m~d leagues. When the project has been approved and construction is COlnpleted this company will. be the company we will be consuking. All of the construction is insured through our contractor Bob Cocln'ane ~md TaWs Contracting. Mission Statement Team Twelve Training and ?VB Canada are committed to offering citizens of the City of Pickering with high level volleyball programming. This amalgamation is striving to. provide an environment where adults and youth can benefit from social interaction, quality instruction and experienced program development. S~ralegic ]girectioas construct a beach volleyball facility'/hat will be a central meeting place ~:%r aduks and youtt~ to socially interact. create a fa.cili'~ tha~. will be a central training aad competitive venue for ail of Durham Region Volleyball er~thus~asts. develop aduit ai~d youth programs to se~e those already involved in the spox~ and to a'aract t~ew pmicipants to the game. offer a r~ge of programs hhat will appeal to alt ages and all skill levels. Team Twdve Training Team Twelve Training is an organizati6n that specializes in personal fitness training and spofft-specific training. Over the past year, Team Twelve has worked with the City of Pickering'to provide members of the Pickering Recreation Complex with fitness assessments and personal training services. Outside of the work done with the Pickering Recreation Complex, Team Twelve offers in-home personal training. Trainers go to clients homes and instruct them on ways to get in better physical shape or to rehabilitate injuries, Sport-specific training is the current focus of the organization. Training is completed h~d.~vidually or in groups. Currently Team Twelve organizes an adult group in P.ickering for those interested in improving their volleyball stdlls and geeing in better shape, Mike Slean, of Team Twelve Trahrir~g, has been instructing (he C~ty o:~ ?icker[r~g~s corrtpetifive volleyball program for ~he past three years. Mike has been working in the fitness industry fbr the last 8 years. He is a graduate of the University of Toronto Bachelor of Physical and Heakh Education and Bachelor of Education programs. After University, Mike supported ~fis degrees by becoming a Personal Trainer Specialist (Can-Fit Pro) and a Certified Fitness Consultant (Canadian Society for Exercise Physiologists). At the University of Toromo, Mike played five years of Varsity Volleyball. Mike wa,s a 5-ti. me Ontario All-Stm~ and 4-thtae All-Canadian during the Vaxsity Blues string o~? 50n:tar~o Championships [na row'o For his efforts he was nomhmted for beth s~:h~efic awards at the Un.l'vers~:y~ Athlete e:f t l~e Year and 'tJ!'~e GeorBe )?::,i~:.~gs Award ~,n h.]s last two ?ars. PVB M~sskm statement: " "PVB'S primary objective is developing & executing volleyball programs of the highest standard. ' Our PVB business model was fon~aulated to support top-level Volleyball athletes. By aligning ourselves with. teams, individual's and organizations who support this model we b,,h.,~x e the spor~ will naturally fast track itself." Our business has flourished into Canada's leading program. PVB prornotes the game of volleyball to thousands of youths and adults through our exciting program. We are ready to take our business to the next level. By aiigni~g oursel.¥es with like minded organizations we will conthme devet, opb~g the game ofvdleyball and the athletes who enjoy it. PVB Program G~fide (Refer to pvbcanada.com ibr more details). 1 School v~sits ~ 0~000 impressions / year 2 PVB camps 1. Christmas Camp 2. March Break Camp 3. Summer - Ash Bridges Bay 3 camps 4. Summer - Toronto Motessori Schools 5. Surmr~er - Niagra Falls (N[agra Rapids) ~ Youth Beach Yolleyball Academy * ,.:,,..I~, et Tournaments "'?~ Aii'-i&CHt*i~i~i ~:~. ........ l~,,;, i<,EPO?('i ~. .... independem. ] 00 schools / year) Toronto E~s~ Spore ~nd Social Club -The largest volleyball re}amd apo~ and social club in the world (25~000 members) Downsview Park Hangm' Spots (You~ Academy - W~ter) City Of Torotno (Youth Pro~~ng t~ough TESSC) No~h Beach Volleyball Centre ~tario Place (Co,orate Functions) Program Sponsors: Bolle Eyewear Moreno Volleyball (Volleyball. Equipment, uniforms & clothing) pOw W[ark Rei~lE-Owner / Director iff Operations Originally from CaigmD' Albe~a Mark migrated to Toronto 'the summer of t999 in hopes of becoming a pro beach volleyball athlete. He quickly learned that there was an excellent opportunity ~%r youth volley'ball program once here, Two mop,tbs into h~s journey t, he P'VB busi. x~ess model was developed. (Refer to m~ss~o~, statement), since ~hen he has never looked back. Volleybal.t Biograpl:[y: Played professionally on A.V.P 2001-.2002 (Rarflced 17th overall i=. 2oo2) - Played on the F][VB world tour 2000 - Played Professionally over seas (Japan 1997 & Bulgaria 1998) - Mount Royal College National Champions, All-Canadian, All Conference Tournament M.V.P t994. Construction Plan / Budget of the Projec~ Excavation / Labour / Trucks - $10,000 - The designated area behind the Recreation Complex will need to be excavated. Trees in the area will be removed and the grass Will be removed. The ground will be excavated to allow the gravel and a portion of sand to be below ground level. Gravel - $10,000 - The first layer wilt be gravel. The gravel will be 6 inches deep and will provide drainage for the court. Retaining Wall - $18,000 - The retaining wall will be constructed to ensure that the sand is not dispersed outside the set perimeter. Construction of this wall and the material to be used has not been finalized. Landscaping stone was the material used in the budgeting process. This wall would be approximately 2 feet above ground level and would create the entire perimeter of the site. ~ 1,000 - The black mat wi!! sit on top of the gravel to ensure that Screen (Black Mat) - ® the sm~d mxd gravel do not mix. The mat will be a permeable surface to allow for water to drain through. Beach Sand - $20,000 - Beach sm~.d will be used to reduce the number of abrasions and related injuries sustained while playing beach volleyball. This type of sand will ensure the comfort for all participants. Beach sand also is finer and does not clump when rain on the way industrial sand does. Posts - $1,000 - 6X6 posts will be used to secm'e the nets. 6 posts are necessmn/to secure 5 nets. Posts will also be needed m:ound the perimeter to support wires that will be used to create mesh barriers to keep volleyballs in the playing area. Mesh Screens - N/A - Mesh screens have been successfully used indoors and omdoors to provide a barrier to keep volleyballs in the playing area. These screens will be supported by wires and will therefbre be retractable. The presence of the screens will ensure that players in bare feet will not have to walk unprotected through the park. Rakes and Shovels - $200.00- Rakes and shovels will be necessary for daily maintenance of the courts. Ensuring that the ptaying area is .flee fi'om any objects that may injure participants,. Maintenance of the coozts is aisc required to ensm'e that the playing surface rmm.~ins level and sand does not di. sperse to the perimeter of the sur~'~ce. and 5 Sets of Lines will be necessary in the first year at the Pickering location. For aesthetic reasons ali of the nets should be of m~ifom~ colour and style. Numerous balls are required to run a successful clinic or camp. l)emo rgrgrgrgrgrgrgrgrgr~hies: Targeted audience - aged o°-59 years .70% are between the ages of 19-30 · Gender - males / females - equal distribution . Indoor Participation: - 2 million Canadians play volleyball at least once a month - Omario's volleyball players - 725,000 play at least once a month - Volleyball - #1 participation sport, for women~ #2 participation sport for men . B__ea_ch Pm'tici~ation: - gO0,O00 Cm~adians play volleyball at least once throughout the sllll'llller - Ontario - 435,000 play at least once a month in the summer -Toronto area - Two Recreational volleyball leagues have over 6~000 members that play weekly 1 .' The actual court area is 9m X 1 Sm. This represents the area of.one beach volleyball court. Actual Dimensions for beach volleyball are now 8m X 16m. However the old, bigger dimensions work better with social groups and. larger numbers. 2. The court should be surrounded by a minimum of 2 extra meters around the perimeter of the court. This is essential for safety and also because the length of most nets is 1 Om long. 3~ tt is irrsr>ormm m use good quality sand, lnd'ustr[al sand b oflen mo course and causes aorasmns. The cour~ area should be ~evel. 5~ Supports ~:br d'~e wets should be buffed 4. 'to 5 £eet benead~ the ground, and should stand 9 feet above the ground., Wood poles work we~l and avoid the 'use of potentially dangerous guy wires. 6X6 inch poles are ideal and w~]l support the we[gh.t of the nets. Concrete is necessm'y to secm'e the poles. 6..A barrier is ideal in order to separate dirt and debris from the sand on the court. Quality barriers will also ensure that the majority of the sand stays in the comxs. Barriers can be constructed from concrete forms, railroad ties or low secure fencing. 7. Court Drmnag,, is importam dependent on the elevation of the court axed also the mnount of rain.. There are many potential systems, but is a aspect d~at must be ~x:i.dressed. surface, i0. The net height for men's play is 2.43m. This is 'the highest setting fbr volleyball net h,,lght. 11. Simple eye-hooks cm'~ be used to secure the top and bottom of the nets. cranks affixed to the poles is ideal. Metal 2O3 12. Some form of water system should exist close to the com'ts to water down corals. This process keeps the sand'fi'om dusting up and also cools the playing surface if necessa~. Figure 1 - Court Design - thick wooden Doles would eliminate the need for a guy p~ire. N~tl~ber e~r Ce~ ~so program on Monday nights rna. has 8mste~ numbers. ~ese pm~ra~s do not r~ in the s~,~nmer and al! of these ind].viduais have shown a great interest in the spot. This is a small representation of the ~eat number of volleyball enthusiasts that live in Pickering. This number does not reflec'~ you~ nmnbers, adults from su~o~ding areas or the number og adults who pa~icipate ~ Toronto beach leagues (do to d~e lack of programn~ in the Durham Region). Based on the number of hdults actively p~icipming in the spo~ and the potential for youth programs it is necessa~ that we have 10 co~,s to meet the demand, The adult leagues during the week will be ~11 and the demand for 10 eom1s will be wm~ted. Court 2m 2m 2m 9m l grn 9Ill 2m gm ~ram Plannin?& This faciliB~ will provide Pickering with a new hub for social activit3', This location is an ideal place for families to come and enjoy programming for chilch'en and adults. The following is a brief description of successful programs that we have run at different locations. The proposed schedule for 'the new facility includes all of these events. Youth Camps - skills camps will be offered to attract youth in the 6-12 age category. Sessions will be in one weekb!ocks. Youth m~d Adult Clinics - individual sessions and group sessions provide users with an excellent opportmxity to get out and enjoy the Sport and improve their skills. Adult Leagues - will be offered for recreational and competitive players. Single gender and co- ed leagues opportm~ities will exist. Target age will be 19-59. Corporate Functions - industry nights and company challenges m,e great ways of getting local businesses involved in the venture. Beach IGds - is a progrmn that ~bcuses on you:~ aged 3-5 years o!d, The focus is less on volleyball and more on exercise and playing in the sand. The Beach Kids program is m~ introductory program to prepare children for the youth program. .~ ,a,.er ng Youth Academy the Pickering Youth Academy m designed for youth aged 13-18. The Youth Academy.operates as a regular clinic/league time irt the late afternoon. Tournaments - there are nm~erous different tournmnent :[~mnats ~ead.y for implementation. Most tournament play will take place m~ the weekends. 2005 P~anning Youth July Camp X 'i August Camp X 1 Monday LeagUe Tuesday League Yo'~tb Academy Corporate Event/Tournament Specia~ Events Sun~uner Pro Am Tommament X 2 Youth Toumamem X 2 Recreational Tournament X 2 Competitive Tom'nament X 2 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of a Lease Agreement with Team Twelve Training and PVB Canada for the lease of space at Diana, Princess of Wales Park for the development and operation of a Beach Volleyball Facility and Program. WHEREAS, pursuant to the provisions of paragraph 207.58 and 191 of the Municipal Act, R.S.O. 1990, chapter M.45, as amended, the Council of the Corporation of the City of Pickering may pass by-laws for leasing premises owned by the Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Lease Agreement, in a form acceptable to the Solicitor for the City between The Corporation of the City of Pickering and Team Twelve Training and PVB Canada for the operation of a Beach Volleyball Facility and Program at Diana, Princess of Wales Park. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Bruce Taylor, City Clerk CORP0223-07/01 2 '! 5 PLANNING & DEVELOPMENT DEPARTMENT June 21,2005 To: Debi A. Bentley City Clerk From: Geoff Romanowski Planner II Subject: Revised Draft Amending By-law for Zoning By-law Amendment Application A 01/05 The Pickering Home & Leisure Centre R.R.V.P. Pickering West Inc. (RIO CAN) 1755- 1805 Pickering Parkway South Part of Lot 17 & 18, Concession 1 (40R-15636, Part 13) & (40R-11780, Parts 1,2,3,4,5 & 6) & (40R-20443, Parts 1,3,5,6,7,8,9,10 & 11) & (40R-20443, Part 2) City of Pickering On June 20, 2005, Council considered Zoning By-law Amendment Application A 01/05 to amend existing zoning of the property to permit additional uses and revise leasable floor area provisions. Please note that the attached by-law incorporates the revision made by Council on June 20, 2005 to remove 'food store' as a permitted use. A Statutory Public Meeting was held for this application on February 17, 2005. If you require further assistance or clarification, please do not hesitate to contact me at extension 2188. I concur that this by-law be considered at this time. Nell Carroll ' Director, Planning & Development Gedff RO~anowski planner If GXR:Id Groma rlowski;zonlng/rezonlng/A0 i/Siep~imemotocierc, s.oc:~ Attachment THE SORPORATiON OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area Zoning 8yqaw 3036, as amended by By-!aw 23?/87, to implement the Official P!an of the C;tv )f Picketing, Region of Durham, South Part of Lot 17 & 18, Concession i, (40R-15636, Part ';3) & (40R-11780, Parb I, 2, 3, 4, 5 & 3) & (40R-20443, Parts 1,3, 5, 6, 7, 8, 9, 10 & 1 !) & (40R-20443, Part 2) in the City of Pickering. (A 1/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit additional uses and revise zoning provisions for the South Part of Lot 17 & 18, Concession 1, (40R-15636, Part 13) & (40R-11780, Parts 1, 2, 3, 4, 5 & 6) & (40R-20443, Parts 1,3, 5, 6, 7, 8, 9, 10 & 11) & (40R-20443, Part 2) in the City of Picketing; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULEI o Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands being South Part of Lot 17 & 18, Concession 1, (40R-15636, Pant 13) & (40R-11780, Parts 1, 2, 3, 4, 5 & 6) & (40R-20443, Parts 1, 3, 5, 6, 7, 8, 9, 10 & 11) & (40R-20443, Part 2) in the City of Pickering, designated "MU-SRN-I" on Schedule I attached to this By-law. GENERALPROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) "Assembly Hall" shall mean a building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meeting and which may include an auditorium or a banquet hall; (2) "Body Rub Parlour" shall mean any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical Or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (3) i'.Body Rub" shall mean the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a persons body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (4) i'Body Shop'i shall mean an establishment engaged in repairing or painting vehicle bodies; (5) (6) (7) (8) (9) (10) "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a ?eai estate or 'nsurance ac;ent, or .~ ~'adio or teievisicn broadcasting station and ;elated studios or theatres, but shall not include a retail store; "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private memi~ership; "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys miniature golf courses, roller-skating rinks, squash courts, swimming pools and other similar indoor recreation facilities are provided and operated for gain or profit, and which may include an arena or stadium but shall not include a place of amusement or entertainment as defined herein; "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessity are kept for retail sale primarily to residents or persons employed in the immediate neighbourhood; "Discount Department Store" shall mean a discount department store, as defined by Statistics Canada, such as but not limited to Zellers and Wal-Mart, engaged in general merchandising of a wide range of commodities and services which may include but is not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; "Drug Store" shall mean a building or part of a building in which pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies and associated merchandise, confectionary items, cosmetics, toiletries, periodicals, or similar items of day-to-day household necessity are stored, displayed and offered for retail sale; (11) ','Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry-cleaning and related processes elsewhere and of distributing articles, goods, or fabrics which have been subjected to any such process; (12) "Duplicatinq Shop" shall mean part of a building where such items as letters, plans, pictures and documents are reproduced by photostatting, blueprinting or other similar methods; (13) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; - (14) "Floor Area" shall mean the aggregate of the floor areas of all above and below grade storeys, but shall exclude the floor area of any stairwells, elevators, and any part below established grade used exclusively for storage purposes; (15) "General Merchandise Store" shall mean a general merchandise store as defined by Statistics Canada, such as but not limited to Bi-Way, Bargin Harolds, and Stedmans, engaged in general merchandising of a wide range of commodities and services, which may include but is not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; (16) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding those areas used exclusively for storage purposes which are below established grade or within mezzanines; (17) -'3- "Home and Desiqn Centre" shall mean a building or building in which home related products including but not limited to furniture, appliances, electrical fixtures, carpets and floor covering, building and plumbing supplies, draperies, hardware and garden supplies are stored, offered and kept for wholesale or retail sale, but shall not include a food store and ;~eig,nbourhood stores: "Home !mDrovement Centre" shall mean a building or part of a building used primarily for f. he display, wholesale and retail sale of building materials, hardware or accessories, including lumber. (19) "Hotel" shall mean a building, or two or more buildings attached above grade, used for the purpose of catering to the needs of the traveling public by providing overnight sleeping accommodations of not less than 25 bedrooms, and may include uses accessory thereto, including meeting rooms, conference rooms, recreational facilities and dining and lounge areas; (20) "Maior Department Store" shall mean a major department store as defined by Statistics Canada, such as but not limited to Sears and The Bay, engaged in general merchandising of a wide range of commodities and services, which may include but is not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; (21) "Neighbourhood Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessity are kept for retail sale, primarily to residents of, or persons employed in the immediate neighbourhood; (22) "Personal Service Shop" shall mean an establishment in which personal service is performed and which may include a barber shop, beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a spa or a body rub parlour as defined in the municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (23) "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music halt, or a theatre, but shall not include an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (24) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (25) "Restaurant - Type A" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption on or off the premises, but shall not include a ddve-thru; (26) "Retail Store" shall mean a building or part of a building in'which goods, wares, merchandise, substances, articles, or things are stored, kept and offered for retail sale to the public, but shall not include a food store, a discount department store, a major department store, a convenience store, a drug store, a video store, or a general merchandise store; (27) "Spa" shall mean an establishment which will offer traditional hairdressing and aesthetic services, such as botox, body treatments, laser hair removal, and other body therapy services, but shall not include a personal service shop or a body-rub parlour; (28) ;'£9) (30) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are preformed for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehic!e fuels; "Vehicle Sales or Rental Establishment" shall mean an establishment in which its main use is the sale, rent or !ease of vehicles, and which may include an accessory vehicle repair shop, but shall not include any establishment engaged in the retail sale of vehicie fuels; "Video Store" shall mean a building or part of a building in which video cassette recorders and tapes and accessories thereto are stored, serviced, displayed, and offered for rent or retail sale to the public for use off the premises only. PROVISIONS (1) (a) Uses Permitted ("MU-SRN-I" Zone) No person shall, within the lands zoned "MU-SRN-I" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) assembly hall; (ii) business office; (iii) commercial club; (iv) commercial-recreational establishment; (v) discount department store; (vi) drug store, as an accessory use to permitted use (v); (vii) dry cleaning depot, as an accessory use to permitted use (v); (viii)duplicating shop, as an accessory use to permitted uses (ii), (v), (xiv), and (xv); (ix) financial institution; (x) home and design centre; (xi) home improvement centre; (xii) hotel; (xiii)place of amusement or entertainment; (xiv) professional office; (xv) retail store; (xvi) restaurant- type A; (xvii) spa; (xviii) vehicle sales or rental establishment; (b) Zone Requirements ("MU-SRN-I" Zone) No person shall within the lands designated "MU-SRN-I" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) Yard Setbacks (minimum): see Schedule I attached (ii) Building Height (maximum): 22.0 metres (iii) Floor Area Limitations: A Maximum aggregate floor area for all uses shall be 27,000 square metres; B Maximum aggregate floor area for all business and professional offices shall be 6,000 square metres; -5- C Maximum aggregate floor area for all restaurants -type A shall be 2,000 square metres, unless at least one restaurant - type A has a minimum gross leasable floor are of 1,000 square metres, in which case the maximum aggregate gross leasable floor area for all restaurants -~.ype A snail be 3,000 square metres; D Minimum .¢loor area fcra discount department store shall be 9,000 square metres; E Minimum unit size for a retail store shall be 1,400 square metres; F Despite clause E above, a maximum aggregate floor area of 2,500 square metres shall be permitted for retaii stores between 100 square metres and 1,400 square metres, of which a maximum of five retail stores can have floor areas between 100 square metres and 300 square metres; G Minimum floor area for a spa shall be 150 square metres; (iv) Open Storage and Display: A All permanent uses, other than parking, shall take place entirely within enclosed structures with no outside storage or display; B Despite clause A above, an outdoor sales and display area may be established and maintained in conjunction with and as accessory to any discount department store, or retail store in excess of their respective minimum floor areas outlined in subsection (iii), provided that the outdoor sales and display area is not more than 20 % of the floor area, up to a maximum of 2,000 square metres, and further provided that all such outdoor storage and display areas shall be completely screened from all public roads by building, structures, walls, fences, landscaping, or and combination thereof; C Despite clause A above, an outdoor sales and display area may be established and maintained in conjunction with and as accessory to any home improvement centre for the storage of lumber and other supplies, as long as no more than 50% of the gross leasable floor area of that component is used for storage or display, and all such storage and display areas are completely and permanently screened from all public roads by buildings, structures, walls, fences, landscaping, or any combination thereof; D Despite clause A and B above, a maximum of one outdoor storage and display area may be established and maintained in conjunction with and accessory to a retail store with a minimum floor of 9,000 square metres, devoted primarily to the sale of home improvement items, provided that the outdoor storage and display area does not exceed 3,000 square metres in size, is completely screened from all building, walls, fences, landscaping or any combination thereof, and provided further that the area devoted to outdoor storage shall not be included in the calculation of floor area or gross leasable floor area; Parking Requirements: A For a vehicle sales or rental establishment, there shall be provided and maintained on lands zoned "MU-SRN-I" on Schedule i attached hereto, a minimum of I park ng spaces ;er £5 square metres for customers and employees, in a(~Cition .:o any parking provided 'r-or the outdoor display of -,/enic!es ?or sale, rent or lease; For all other permitted uses there shall be provided and maintained on the lands zoned "MU-SRN-I" on Schedule attached hereto, a minimum of 1,000 parking spaces; C Despite sections 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; D Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply; (vi) Special Regulations: A Despite any other provision contained herein, an enclosed shopping center, pedestrian mall, or other enclosed pedestrian structure providing access to more than one building for member of the public, shall not be permitted; B A vehicle sales or rental establishment and the outdoor display of vehicles for sale, rent or lease associated with a vehicle sales or rental establishment shall only be located within the hatched area identified on Schedule I attached hereto; C The permitted uses listed as 5(1)(a)(vi), 5(1)(a)(vii), and 5(1)(a)(viii) shall be entirely contained within and accessory to, their principal permitted uses identified in clause 5(1), with no direct external access; D The percentage of the lands zoned "MU-SRN-I" on Schedule I attached hereto covered by all building shall not exceed 40% of the lot area; E The floor area of a restaurant which is entirely contained within, accessory to, and accessed only through, a discount department store, or a retail store, shall not contribute to the maximum aggregate floor area for restaurants - type A, but shall contribute to the gross floor area of the discount department store, or retail store; 6. REPEAL OF BY-LAW Upon this by-law being in force and effect, By-law 2351/87 is repealed. 7. BY-LAW 3036 By-law 3036, as amended is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 8. EFFECTIVE GATE This By-law shall come into force ~n accordance with the provisions of the Planning Act. ~.'/-LAW read a first, secona and third time and finaily passed this ,_; aa:, of June, 2005. Dave Ryan, Mayor Debi A. Bentley, City Clerk SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2005 NOTION ROAD MAYOR CLERK BEECHLAWN DRIVE ....... L/ /J_i III LL\ BROCK ROAD ' INOTION ROAD I 1 / / / / / PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM June 22,2005 To: From: Subject: Debi A. Bentley City Clerk Tyler Barnett Senior Planner - Site Planning Draft Amending By-law for Zoning By-law Amendment Application A 7~05 Marshall Homes (Village) Ltd. 1295 Wharf Street Part of Block 1, Plan 40M-2177 Part 9, Plan 40R-22540 City of Pickering On June 20, 2005, City Council approved Zoning By-Law Amendment Application A 7/05 to amend existing zoning of the subject lands to expand the floor space of a permitted business office to include the second and third floor of the existing dwelling and to amend the parking requirements for the property known as 1295 Wharf Street, Unit 9. A draft amending by-law has been prepared. The draft by-law has been circulated to and approved by the applicant and is attached for the consideration of City Council. A Statutory Public Meeting was held for this application on May 19, 2005. Please note that this by-law may be given all three readings at the June 27, 2005, Council Meeting. The purpose and effect of this by-law is to expand the floor space of a permitted business office to include the second and third floor of the existing dwelling and to amend the parking requirements for the property known as !295 \Nharf Street, Unit 9. Marshall Homes (Village) Ltd. (A 7~05) o ¢.~ ~.~.~ June 22, 2005 Page 2 If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. Director, PTa~ning & Development Tyle¢~,. arnett // SeniorSZlacme¢'' Site Planning TB:Id Tbamett\Marshall Homes - Office\By-taw Memo [o Clerk.doc Attachments THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6550/05 Being a By-law to amend Restricted Area (Zoning) By-law 2511 and _'520. as amenae~ by 6090103, to implement the Official Plan of the City of Picketing Ois[rict Planning Area, Region of Durham, in Part of Block 1, -:lan 40M-2!77, Part 9, Plan ~0R-225,~0, in ~he City of Pickering. (A07/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the establishment of a business office, in Part of Block 1, Plan 40M-2177, Part 9, Plan 40R-22540, in the City of Pickering; AND WHEREAS an amendment to By-law 2511 and 2520, as amended by By-law 6090/03, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT 1.1 Section 5(1)(b)(ii) of By-law 6090~03 is hereby amended by adding the following paragraph; D Despite 5(1)(b)(ii)A there shall be provided a minimum of 5 parking spaces for a business office that occupies all floors of Part of Block 1, Plan 40M-2177, Part 9, Plan 40R-22540; a minimum of 2 of the required parking spaces must be provided and maintained on the lands described as Part of Block 1, Plan 40M-2177, Part 9, Plan 40R-22540; one of which must be provided within the attached private garage; the remaining required spaces may be provided on adjacent lands owned by the City of Picketing provided an agreement exists with the City of Pickering and the owner of Part of Block 1, Plan 40M-2177, Part 9, Plan 40R-22540; 1.2 Section 5(1)(b)(iii) of By-law 6090/03 is hereby amended by adding the following paragraph; D Despite clauses 5(1)(b)(iii)B(ii) and 5(1)(b)(iii)B(iii) a business office shall be permitted to occupy all floors of Part of Block 1, Plan 40M-2177, Part 9, Plan 40R-22540. 2. BY-LAW 6090/03 By-law 6090~03 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511 and 2520, as amended. 3. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this 27th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM June 22,2005 To: From: Subject: Debi Bentley City Clerk Ross Pym Principal Planner- Development Review Draft Amending By-law for Zoning By-law Amendment Application A01/04 816 Kingston Road (Pickering) Ltd. and 852 Kingston Road (Pickering) Ltd. 816 and 852 Kingston Road (Part of Lot 27, Range 3, B.F.C.) City of Pickering On June 20,2005, City Council Amendment Application A 01/04. to the by-law amendment. recommended approval of Zoning By-law There were no conditions of approval relating The draft by-law has been circulated to, and approved by, the applicant. A Statutory Public Meeting was held for this application on April 15, 2004. The purpose and effect of this by-law is to rezone the subject lands to permit the development of 16 street townhouse dwelling units. The draft zoning by-law incorporates Council's direction for tandem parking within the required private garage of each dwelling unit. The required parking garages shall have a minimum length of 11 metres. It is also noted that the walkway that was originally located along the western property line has not been specifically recognized in the amending zoning by-law. If a private walkway is to be incorporated in the townhouse design along the eastern property line, this will be permitted as an accessory use of the townhouse development. The walkway's design and location will be concluded during the detailed design review of the development and incorporated into the required subdivision/development agreement. Draft Amending By-law for Zoning By-law Amendment Application A01/04 June 22,2005 Page 2 If you require further assistance or clarification, please do not hesitate to contact me at extension 2034. I concur that this by-law be considered at this time. Directl~.,_~ & D~velopment Review RP:jf J/documents/planning~rp applications/memo to clerk-by-law for A01-04 Attachment THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 655!/05 Being a Syqaw to amend Restricted Area (Zoning) By-law 3036, as amended, to implement ~he Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 27, Range 3, Broken Front Concession, City of Pickering. (A 01/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of townhouse dwelling units on the subject lands being Part of Lot 27, Range 3, Broken Front Concession in the City of Pickering. AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached to this By-law with notation and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 27, Range 3, Broken Front Concession, in the City of Pickering, designated "SA-10" on Schedule I attached hereto. GENERALPROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law, DEFINITIONS In this By-law, (1) (a) (b) "Dwelling'i shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (2) (c) "Dwelling, Single Attached or Sinqle Attached Dwellinq" shall mean one of a group of not less than 3 adjacent dwellings attached together horizontally by an above grade common wall; (a) "Floor Area-Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; "Gross Floor Area-Residentiar' shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (b) (3) (a) ¸-2- "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered !}lan of subdivision; (c) ,_. Coveraqe" shall mean the oercentage of lot area covered by ail buildings on the lot; "Lot Frontaae" shail mean the width of a lot between the side lot lines measured along a parallel to and 7.5 metres distant from the front lot line; (4) "Private Garaqe" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (5) (6) "Storey" shall mean that portion of a building other than a basement, cellar or attic, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it; (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side lot line to the nearest wall of the nearest main building or structure on .the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) i'Flanka.qe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flanka.qe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; and -3- (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS {~It~ ~a) Uses Permitted ("SA-lO") No person shall, within the lands zoned "SA-10" on Schedule ! attached, use any lot or erect, alter or use any building or structure for any pu~'pose except in accordance with the following provisions: (i) single-attached dwelling (b) Zone Requirements ("SA-10") No person shall, within the lands zoned "SA-10" on Schedule I attached, use any lot or erect, alter or use any building or structure for any purpose except in accordance with the following provisions: (v) (vi) (vii) (viii) (i) LOT AREA (minimum): 160 square metres (ii) LOT FRONTAGE (minimum): 5.4 metres (iii) FRONT YARD DEPTH (minimum): 4.5 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): 1.2 metres; and A on the side where dwellings on adjacent lots are attached, no side yard is required, provided any wall other than the common wall that is on the side of the lot upon which the dwellings are attached, shall be set back from the lot line separating such lots as follows: I 1.2 metres measured perpendicularly to such side lot line if no side yard is provided on the abutting lot; or II 0.6 of a metre measured perpendicularly to such side lot line if a side yard is provided on the abutting lot; REAR YARD DEPTH (minimum): 6.5 metres BUILDING HEIGHT (maximum): 9.0 metres DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area - residential of 100 square metres; PARKING REQUIREMENT: A minimum one private garage per lot, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting a reserve on the opposite side of which is a street; B no part of any attached garage shall extend more than 2.4 metres beyond the wall containing the main front entrance to the dwelling unit; C the required parking garage shall have a minimum length of 11.0 metres; (c) SPECIAL REGULATIONS (i) no more than 4 dwelling units shall be permitted to be attached together; °32 (2) Uses Permitted Zone Reauirements ("H" Zone) Until such time as the "H" Holding provision is lifted, the lands shall not be used for any purpose other than one single detached dwelling and sccassow uses, subject to the provisions of Section 9 of 8y-law 3036. (3) Removai of ~.he '?' Holdinq S~/mbci The "H" Holding Symbol shall not be removed from the "SA-10" zone until such iime as a subdivision agreement/development agreement has been executed with the City. BY-LAW 3036 By-law 3036 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specially dealt with by the By-law shall be governed by the relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this 27th day of June, 2005. David Ryan, Mayor Debi A. Bentley, Clerk 23~ SCHEDULE I TO BY-LAW 655~_/o5 PASSED THIS 27th DAY OF ,~,,- e 2005 MAYOR CLERK NOTICE OF MOTION DATE: JUNE 20, 2005 MOVED BY: COUNCILLOR DICKERSON SECONDED BY: COUNCILLOR BRENNER WHEREAS the Council of The Corporation of the City of Pickering, on behalf of all its residents, do hereby acknowledged the financial commitment to the Province of Ontario of a gift of $7.5 million dollars towards the Rouge Valley Hospital Foundation; and WHEREAS this gift by Mattamy Homes, Metrus Developments and Lebovic Homes, the three developers of the new Seaton Community, to be built on Provincial lands, is conditional upon the required approvals being granted with-in a specified time frame enabling construction to commence with-in 18 months; and WHEREAS the magnitude of the proposed community of "Seaton" will have a major impact on the tax payers of today and into the future, and WHEREAS the Council for the Corporation of the City of Pickering supports that growth must pay for growth without a negative impact on the existing tax base, and WHEREAS the community of Seaton will require the necessary infrastructure necessitating the construction of new municipal fire halls, arts centre, library, community centres, arena, sports fields, Seniors' facilities, a recreation and wellness complex, parks as well as future options for a new Municipal Complex; and WHEREAS Council believes that the timetable requested by the three builders is achievable if all parties needed for approval work efficiently and effectively; NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Pickering shall assemble a working group comprised of all landowners who shall be involved in the development of Seaton, three Members of Council, one representing each Ward, being Councillor , Councillor , Councillor , three senior administrative staff including the Chief Administrative Officer; and FURTHER THAT this working group shall negotiate the net community benefit to the City of Pickering and its residents and to report to Council on its findings for deliberation, consensus and ratification. CARRIED: Btaylor:Notices of Motion:Community Benefit MAYOR NOTICE OF MOTION DATE: JUNE 20, 2005 MOVED BY: COUNCILLOR JOHNSON SECONDED BY: COUNCILLORASHE WHEREAS the Durham Regional Police Services Board is comprised of seven members of which one is the Chair of the Regional Municipality of Durham, two are Members of the Council of the Regional Municipality of Durham, one is a resident of the Region but not a Member or employee of the Region and three are appointed by the Lieutenant Governor in Council through the Public Appointments Secretariat; and WHEREAS Mr. Les Fisher, who is a resident of the City of Pickering, was appointed to the Board by the Lieutenant Governor in Council and that appointment expires on July 31, 2005; and WHEREAS Mr. Les Fisher has applied to the Public Appointments Secretariat for re- appointment to the Board and it would advantageous for the Council of the City of Pickering to support this appointment; NOW THEREFORE the Council of The Corporation of the City of Pickering hereby supports the re-appointment of Mr. Les Fisher to the Durham Regional Police Services Board; and FURTHER THAT a copy of this resolution be forwarded to: · Public Appointments Secretariat · Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge CARRIED: Btaylor:Notices of Motion:Police Services Board MAYOR