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HomeMy WebLinkAboutCS 38-12 city 00 Report to Council 1111. 11[, I KERING Report Number: CS 38-12 Date: November 5, 2012 From: Everett Buntsma Director, Community Services Subject: Frenchman's Bay Harbour Entrance Reconstruction - File: A-1440 Recommendation: 1. That Report CS 38-12 of the Director, Community Services, regarding the Frenchman's Bay Harbour Entrance Reconstruction be received; 2. That Council approve engaging the services of TRCA as a sole source purchase for project management and construction services for reconstruction of the Frenchman's Bay Harbour Entrance in accordance with the City's Purchasing Policy Item 09.04; 3. That Council authorize the Mayor and City Clerk to execute a Memorandum of Understanding with the TRCA for the project management and construction services for reconstruction of the Frenchman's Bay Harbour Entrance, on such terms as are satisfactory to the Director, Community Services and the Director, Corporate Services & City Solicitor; 4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance Phase 1 (west breakwater) and Phase 2 (east breakwater) of the project as provided for in the 2012 Parks Capital Budget as follows: a. a contribution from the Region of York, South East Collector Enhancement funds in the amount of $1,500,000 b. the City of Pickering's share be changed from an external debt to an internal loan in the amount of $1,500,000 for a term not to exceed 10 years; and at a rate to be determined; c. a Provincial Grant through Building Together, the Government of Ontario's long-term infrastructure plan, in the amount of $3,000,000; 5. That Council authorize the Mayor and City Clerk to execute an Infrastructure Funding Contribution Agreement with the Province of Ontario on such terms as are satisfactory to the Director, Community Services and the Director, Corporate Services & City Solicitor; and Report CS 38-12 November 5, 2012 Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 2 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: The City of Pickering, in partnership with the Toronto and Region Conservation Authority (TRCA), completed the Frenchman's Bay Harbour Entrance Class Environmental Assessment and received Ministry of Environment approval in 2009. On July 1, 2012, the Provincial and Federal governments announced that they would each contribute $3 million towards the project. The City of Pickering share of $3 million will be funded with $1.5 million from the Region of York as part of their South East Collector Enhancement package and $1.5 million through an internal loan. Commencement of construction for this project is critical due to its impacts on the boating season and fisheries. As such, the project is being broken down into three phases so that approvals can be obtained from Council for Phases 1 and 2 to proceed. The funds for Phase 3, although committed by the Federal Government, have been somewhat delayed. The City's Purchasing Policy Item 09.04(g) authorizes the Manager, Supply & Services to make single or sole source purchases without competitive bids in respect of "work to be performed on or about a leased building or portions thereof that may be performed only by the lessor". TRCA is in the process of having the lands under the harbour entrance transferred into its name. This transaction is to be complete before the end of 2012, such that TRCA will become the owner/lessor of the harbour lands and the improvements. The City's Purchasing Policy Item 09.09 states "A single source or sole source purchase exceeding $125,000 is subject to Council approval". This report recommends that Council approve engaging the service of the TRCA as project manager and constructor for the Frenchman's Bay Harbour Entrance. • Financial Implications: In the 2012 Parks Capital Budget, Council approved the Frenchman's Bay Harbour Entrance Reconstruction project in the amount of $9 million, subject to the following funding formula: Federal Grant $3,000,000 Provincial Grant 3,000,000 Contribution from York Region 1,500,000 City Debt 10-Year 1,500,000 Total $9,000,000 CORP0227-07/01 revised Report CS 38-12 November 5, 2012 Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 3 The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) will be administering the funding program on behalf of both the provincial and federal governments. As the City does not have ownership of the land where the reconstruction will be undertaken, it was decided that a 10 year internal loan be undertaken in-lieu of the 10 year external debt. The approval to proceed with the $1.5 million contribution from the York Region is also dependent upon the senior level of governments' contributions. However, York Region has agreed to waive this clause. On October 5, 2012, the City received a letter from the Ministry of Infrastructure, Ministry of Transportation, Attachment 1, confirming the $3 million contribution from the provincial government through Building Together, the Government of Ontario's long- term infrastructure plan. At the time of writing this report, OMAFRA has forwarded a draft funding contribution agreement to the City for the provincial share of the $3 million. The City, at this time does not have formal notification from the Government of Canada for its share of the $3 million contribution however, staff have been advised by M.P. Chisu's office that funding was approved by the Treasury Board on October 25, 2012 and formal notification will be forthcoming. Due to the timelines of this project, it is prudent that authorization be given to proceed with the project within the funds available to the City at this time being $6 million. This enables the City to proceed with both Phase 1 (west breakwater) and Phase 2 (east breakwater) of the Frenchman's Bay Harbour Entrance while the Federal contribution is being finalized. • Under Recommendation 5, this report requests Council to authorize the Mayor and City Clerk to execute a funding agreement with the Province. If the Federal notification is received prior to execution then the agreement will include both senior levels of governments' contributions. If the Federal notification is received after, City staff will bring back a report requesting Council to amend the original Provincial agreement. CORP0227-07/01 revised Report CS 38-12 November 5, 2012 Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 4 The following table provides the estimated costs for the project as a whole: Estimated Project Costing Summary Frenchman's Bay Harbour Entrance Project 2012 2013 2014 Total Construction $466,150 $3,007,425 - $3,473,575 Engineering & Design Costs 10,000 40,250 - 50,250 Phase 1 -West Breakwater 476,150 3,047,675 - 3,523,825 Construction 115,400 2,122,000 569,500 2,806,900 Engineering & Design Costs 4,000 22,250 5,000 31,250 Phase 2 - East Breakwater 119,400 2,144,250 574,500 2,838,150 Construction - - 1,092,070 1,092,070 Engineering & Design Costs . - - - 7,000 7,000 Phase 3 - Concrete Decking - - 1,099,070 1,099,070 Environmental Assessment Costs 1,416 12,000 6,000 19,416 Project Management Costs 48,983 391,016 121,614 561,613 Contingency 64,453 558,294 179,519 802,266 Sub Total - Costs 710,402 6,153,235 1,980,703 8,844,340 HST (net of rebate) 12,503 108,297 34,860 155,660 Total Estimated Project Costs $722,905 $6,261,532 $2,015,563 $9,000,000 Discussion: The City of Pickering, in partnership with the Toronto and Region Conservation Authority (TRCA), completed the Frenchman's Bay Harbour Entrance Class Environmental Assessment in September 2009. The EA was approved by the Ministry of Environment on November 16, 2009. The project includes the reconstruction of both the east and west breakwaters and dredging of the entrance channel The existing east crib will be enclosed in steel sheet-pile lined with sloped rip rap and armourstone, to reduce wave reflection and wave overtopping. Enclosing the existing eastern crib in steel sheet-piling facilitates inclusion of a reinforced concrete pedestrian walkway, providing pedestrian access consistent with the existing public amenities and community character on the east side of Frenchman's Bay. CORP0227-07/01 revised Report CS 38-12 November 5, 2012 Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 5 FA $ ^ Aga , „ 3 act ,.3n Of) 4-- '4144,.' —_it !i . r... _:,,-------- — e 0 t--- ,ilmsi , kih El la, 1 1 i ii s 11i1 .. 4 IF tt � 1 - ASfOtR#SFS+ € li‘ .•.,...•, �"""N.b °�`' �'f.r. ' Fmk AL. L�'Ernr^, .t`...=iis '--....,..W,...m ,_ :,_------------' _ .. _ . . . ,..A,K6EureARio Plan view of Proposed Harbour Entrance Reconstruction On the west side of the harbour entrance, the existing crib is to be removed and replaced with a new armourstone breakwater further west to create an entrance channel 30m wide at the navigation depth of 3.2m below datum. The western breakwater has an increased crest width to facilitate construction of a pile-supported concrete walkway. The natural stone breakwater ties into the passive waterfront recreation theme of Rotary Frenchman's Bay Park West and offers waterfront access for anglers, waterfront trail users, birdwatchers, and other recreationalists. Both the eastern and western breakwaters will have a series of access steps with ladders spaced approximately 60m apart along the length of the breakwaters to allow emergency egress from the harbour entrance channel. The design of the eastern breakwater also includes railings designed to resist the higher wave and ice forces that occur near the offshore end of the breakwater. The remainder of the walkway will have CORP0227-07/01 revised Report CS 38-12 November 5, 2012 Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 6 a pipe curb intended to act as a safety barrier for only small-wheeled non-vehicular traffic, such as strollers or wheelchairs. Provisions will also be made for pontoon boat docks for the "ferrying" of people across the channel and for pedestrian walkways to connect the breakwater walks to the trails on the east and west spits. This project is being funded 1/3 by the Federal Government, 1/3 by the Provincial Government, and 1/3 by the City of Pickering As part of the Environmental Assessment, TRCA completed a funding strategy to implement the project. The strategy proposed a cost-sharing funding formula with 1/3 of the funds coming from the Provincial Government, 1/3 from the Federal Government and 1/3 from the City of Pickering. The total estimated cost for the harbour entrance reconstruction and directly associated works is $9 million. On July 1, 2012, the Provincial and Federal Government announced that they would each provide $3 million towards the project. Staff have been in contact with OMAFRA and have been advised that the Federal grant funds will be channeled through the Province, similar to other Infrastructure Grants that the City has received in the past. OMAFRA have begun to draft the funding agreement but are waiting for authorization from the Federal Government on including the flow of their contribution in the agreement. Staff has been assured that the funds are forthcoming, however, with the delay in obtaining the funding agreement, the specific times that "in-water" works are permitted for fisheries and conflict with the 2013 boating season, it has been decided to phase the project so that construction can begin in November 2012. The project has been broken into three phases, corresponding with timing of funding The City of Pickering's approved 2012 Parks Capital Budget provides $3 million toward this project, of which $1.5 million has been committed by the Region of York as part of their South East Collector Enhancement package. The first phase of the project will be funded through these means and includes the reconstruction of the west breakwater. The second phase will be the construction of the east breakwater and the final phase will include the construction of the pedestrian walkways on the breakwaters and dredging of the channel at the harbour entrance. The intent is that the three phases will be seamless but they have been put in place in the event that there is a delay in receipt of the Federal funds. For the purpose of this report, authorization to proceed with Phase 1 and 2 are being considered as the funding agreement from the Federal Government has not yet been received. CORP0227-07/01 revised Report CS 38-12 November 5, 2012 Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 7 The Toronto and Region Conservation Authority will assume the role of Project Manager, in partnership with the City of Pickering, for the reconstruction of the Frenchman's Bay Harbour Entrance The Toronto and Region Conservation Authority (TRCA) has over 35 years of experience with the construction of in-water works along the shores of Lake Ontario. They recently completed a 3.8 km, $25 million shoreline protection and park development project from Highland Creek to the Rouge River in partnership with Waterfront Toronto and have completed similar works at the end of West Shore Boulevard in the City of Pickering. Both the east and west spits at the south end of Frenchman's Bay are under TRCA ownership and prior to commencement of the proposed harbour entrance reconstruction, the land under the harbour entrance that is currently in Pickering Harbour Company ownership will also be transferred to the TRCA. In an effort to have this project move ahead, TRCA staff have assisted the City of Pickering in lobbying for Federal and Provincial Funding. They have prepared detailed costing and construction schedules for the project, coordinated the required land-based and marine archeology works and applied for Work Approval from Transport Canada. TRCA have already publically tendered and obtained quotes for much of the aggregate supply for the west breakwater and are waiting for approval to proceed in order to issue purchase orders against these tenders so that aggregate extraction can proceed before winter. As such, TRCA are "construction ready". At the Toronto and Region Conservation Authority Meeting #8/12 held on October 26, 2012, Resolution #A187/1.2 was adopted. This resolution directs TRCA staff to enter into a Memorandum of Understanding with the City of Pickering, to carry out the Project and to take the necessary action to implement any agreements including obtaining needed approvals and the signing and execution of documents. It is staff's opinion that the TRCA are best suited to assume the role of Project Manager and Constructor based on the above items. The formal process and associated fees for obtaining a TRCA permit to allow for the proposed construction will also not be required since they are the "constructor". At the time of writing this report, the City has a copy of the draft Memorandum of Understanding from TRCA. The City and TRCA are working on finalizing the terms and conditions of this MoU, and will to have this document finalized before we proceed with the project. Construction Schedule A detailed construction schedule indicating the various tasks for all 3 phases has been prepared by the TRCA and has been included as Attachment 2. In summary, pending CORP0227-07/01 revised Report CS 38-12 November 5, 2012 Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 8 Council approval, mobilization and site preparation will begin mid to late November and construction will commence by early December. Construction of the west breakwater will begin first, followed shortly thereafter with the east breakwater. The total construction time for these first two phases will be approximately 16 months, ending in March 2014. Phase 3, the installation of the concrete walkways on both breakwaters, will take approximately 4 months to construct, with completion expected by the end of June 2014. Construction Access Construction access for this project will be predominately from the west spit. The proposed haul route is Whites Road, Bayly Street, West Shore Boulevard and Beachpoint Promenade. To facilitate the movement of material to the east spit, a temporary bridge is proposed as a harbour entrance crossing during the offseason boating months. The material required to construct the east breakwater will be stockpiled on the east spit during the winter months and the bridge removed prior to the 2013 boating season. Communications Plan TRCA and City of Pickering have developed a communications plan to ensure that residents and boaters of the Frenchman's Bay community understand the schedule and are kept apprised of progress of the construction of the new harbour entrance. The objectives of the Plan are: • • to provide clear and timely information to the Frenchman's Bay community and the public at large regarding the construction schedule, project progress and notices; • to provide one contact person at City of Pickering and one contact person at TRCA that is designated to answer pubic inquiries; and • to provide up-to-date construction newsletters and website information on the construction schedule, project progress and notices. A Public Open House is tentatively scheduled for Thursday, November 22nd to inform the residents on the upcoming construction activities. Attachments: 1. Letter from Minister Chiarelli, Minister, October 4, 2012 2. Frenchman's Bay Harbour Entrance Reconstruction — Preliminary Construction Schedule CORP0227-07/01 revised Report CS 38-12 November 5, 2012 • Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 9 Prepared By: Approved/Endorsed By: 4 Arnold Mostert, OALA Everett Buntsma, NPD, CMM Coordinator, Landscape & Parks Director, Community Services Dev opment Dar--= Selsky, CET, CM II Paul Bilk) • Supervisor, Engineering & Capit.,or orks Director, Corpo,ate Services & City Solic' • Ric and Holbo , P. Eng. St.n Karwowski, M: • , CMA Division Head, Engineering Services (Acting) Division Head, Finance & Treasurer AM:am • Recommended for the consideration of Pickering City Council , i & 3/, 2.0 z Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised ATTACHMENT# _ OREPORT# 3 -12-- of 2, Ministry of Infrastructure Ministere de('Infrastructure Ministry of Ministere des . Transportation Transports OFFICE OF TH,E MAYO l '-- f Office of the Minister Bureau du ministre RECEIVED OCT 0 9 2012 Ferguson Block,3° Floor Edifice Ferguson,30 etage FILE I ntario 77 Wellesley St.West 77,rue Wellesley ouest FOLLOW UP Toronto,Ontario Toronto(Ontario) M7A 1Z8 M7A 1Z8 COPY FWD (416)327-9200 (416)327-9200 CAO COUNCIL www.ontario.ca/infrastructure www.ontario.ca/infrastructure www.mto.gov.on.ca www.mto.gov.on.ca DIRECTORS. CORP SERV OES , MG 2012-575 OFFICE SUST OCT 0 4 2012 C&R PLAN&DEV ENG SERV LEGAL&LS FIRE CLERK His Worship Dave Ryan oPER &FAC HUMAN RES Mayor City of Pickering One The Esplanade Pickering ON L1V 6K7 Dear a r R an: — On July 1, 2012, the governments of Ontario and Canada announced that they would work with the City of Pickering and the Toronto Region Conservation Authority to rehabilitate the Frenchman's Bay Harbour Entrance. I am happy to write that this project has been identified as a priority for funding consideration under the Provincial-Territorial Base Fund, part of the Building Canada Plan. The Ontario government will contribute $3 million, provided that the city enters into a contribution agreement with the province. The federal government has indicated it needs to attain certain approvals in order to fund the Frenchman's Bay project under the PT Base program. Recent negotiations between provincial and federal officials have been quite positive and we believe that a successful conclusion is in short order. In the interim, I would encourage you to work through your local Member of Parliament to help bring about a quick resolution to securing the federal share of funding for this project. Once the federal government has obtained their required approvals, and communicate that to me, I will instruct my staff to immediately nominate your project for the federal share under the PT Base program for the remaining $3 million in federal funding. In the meantime; I.have asked that our officials move quickly to flow the $3 million in provincial funding. We understand you are eager to start construction for this project, so we are hopeful that the provision of the provincial share up front will help start get things underway. This funding will be administered by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). OMAFRA staff will be in touch with you to discuss the contribution agreement that will set out the terms and conditions for the province's funding. .,./cont'd • ATTACHMENT# __ IO REPORT# C S 3g-t2._ 2. of a-- - 2 - This project supports Building Together, the Government of Ontario's long-term infrastructure plan. Through Building Together, Ontario plans to invest more than $35 billion over the next three years to create or preserve over 100,000 jobs on average each year. Infrastructure investments create high-quality employment, support economic growth and help make Ontario's economy more productive. Please accept my best wishes. Sinc- - :ob Chiarelli Minister c: Hon.. Ted McMeekin, Minister of Agriculture, Food and Rural Affairs Tracy MacCharles, MPP, Pickering-Scarborough East Everett Buntsma, Director, Community Services, City of Pickering Nancy Gaffney, Waterfront Specialist, TRCA • N N N � �r n =v ¢m �� �a LL N �m Em o� E z° 0 �� �� � �Q � `m v � E 0 E z 0 � � � � ;,���,�.�t-�����;�.w��rt.r 2 �i�}�������..�38-1z �.�L__ �>; � --.__-. � � � i� � !gS 3! i� es - .� � �'1 � � � � � � � � � � � �,� � � � ,� � �4= � {f � 8 �_L i Y_i. � �� �� Q o Q o � � C � 7 O O � � � T N N .@ N � � � C p� N � -� � O � O (6 0.'S (6 q�S C C .� � � .� � � z Q N � z Q � C "� � � 'a � f4 O � - '� C � - C C _ . � � LL O N (6 � LL O N � W � t/1 N � Q N N N N Q N � a O N N U (0 "O 0 @ � U U Q O C Y� U � � .,�„ � (6 �-% t� . 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