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HomeMy WebLinkAboutENG 08-13-� =FIN From: Richard W. Holborn Director, Engineering & Public Works Report to Council Report Number: ENG 08 -13 Date: April 22, 2013 Subject: Don Beer Memorial Park Relocation - Request for Proposal No. RFP 1 -2013 - Landscape Architectural Consulting Services - File: A -1440 Recommendation: That Report ENG 08 -13 from the Director, Engineering & Public Works be received; 2. That RFP 1 -2013 submitted by Landscape Planning Limited in the amount of $70,218.20 (HST included) and a net cost of $63,233.66 (net of HST rebate) be approved; 3. That the total gross project cost of $77,240.02 (HST included), and a net project cost of $69,557.03 (net of HST rebate), including the proposed amount and associated costs be approved; 4. That the (Acting) Division Head, Finance & Treasurer be authorized to finance the project as follows: a) the sum of $69,557.03 be financed from external funds provided by the Ministry of Transportation as approved in the 2011 Parks Capital Budget; b) the (Acting) Division Head, Finance & Treasurer be 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. Executive Summary: The Don Beer Memorial Park is being relocated to 1607 Highway 7, Brougham, due to impacts on the existing park location from the Highway 407 extension. City staff do not have the resources available to prepare tendering documents and administer the construction of this project. As such, a request for proposal was issued. The firm Landscape Planning Limited is being recommended for award of this contract at a lump sum price of $62,140 (HST extra). Report ENG 08 -13 April 22, 2013 Don Beer Memorial Park Relocation Request for Proposal No. RFP 1 -2013 Landscape Architectural Consulting Services Page 2 In accordance with Purchasing Policy Procedure PUR 010 -001 Item 10.04(b), an award -for consulting and professional services over $50,000 is subject to approval by the Treasurer, CAO and Council. Financial Implications: 1. Proposal Amount Proposal Amount $62,140.00 HST (13%) 8,078.20 Gross Amount HST Rebate (11.24 %) (6,984.54) Total Net Amount Ma" 2. Estimatea rrolect t;ostin RFP -1 -2013 — Landscape Planning Limited $62,140.00 10% Contingency 6,214.00 Total Cost $68,354.00 HST (13 %) 8,886.02 Total Gross Amount $77,240.02 HST Rebate (11.24 %) (7,682.99) Total Net Project Cost $69,557.03 3 Approved Source of Funds 2011 and 2013 Parks Capital Budget Location Project Code Source of Funds Budget Required Don Beer Memorial 5780.1107 External Funds Park (Ministry of $900,000 $69,557 Transportation) 5780.1305 External Funds (Ministry of 238,018 0 Transportation) Internal Loan — 10 year 200,000 0 Property Taxes 6,365 0 Total Funds Required 1.344.383 $69,557 The total estimated project cost, including consulting fees, construction, surveying, soils and materials testing, a 10% contingency and net HST is $1,344,383. At this time we are proceeding with the consulting portion of the project. The tendering for the construction of the park is expected to proceed in early summer with construction commencing in late summer. The construction costs will be reported separately. The Report ENG 08 -13 April 22, 2013 Don Beer Memorial Park Relocation Request for Proposal No. RFP 1 -2013 Landscape Architectural Consulting Services Page 3 proposed consulting fees are well below the estimated allowance of 10% of the estimated construction costs. Discussion: As part of the Highway 407 East Extension Environmental Assessment, it was recognized that the Don Beer Memorial Park would be impacted by the proposed realignment of Highway 7 to permit the new Brock Road and Highway 407 interchange. Council requested that the Ministry of Transportation relocate and replace the ball diamond, playgrounds and parking, all at the expense of the Ministry of Transportation to compensate for the loss of the park (Report OES 45 -09). This became one of the Minister of the Environment's Conditions of Approval for Highway 407 East Extension. Staff have located a suitable site at 1607 Highway 7, owned by Transport Canada, have prepared a concept site plan and cost estimate for the reconstruction of the park. As authorized by Council (Report ES 01 -13), staff have obtained a draft lease agreement from Transport Canada for the proposed park site and are finalizing a cost sharing agreement with the Ministry of Transportation. The new Don Beer Memorial Park will include a hardball diamond complete with a grass infield and lighting, a playground area sized to accommodate the existing play structures, an asphalt basketball court, a gravel parking area with 32 spaces and associated walkways and perimeter trees, to replace the facilities that were lost with the demolition of the original park location. As mentioned in Report ES 01 -13, City staff do not have the resources available to prepare tendering documents and administer the construction of this project if it is to proceed in 2013. Request for Proposal RFP -1 -2013 was issued on February 14, 2013. Seven companies were invited and five proposals were received by the submission date of March 5, 2013. One addendum was issued. The proposals were evaluated based on the following criteria: • Experience on similar projects • Understanding of project • Work plan and deliverables • Project team overview • Quality of references • Quality of proposal • . Pricing The proposal provided by Landscape Planning Limited scored the highest points by the Evaluation Committee and was deemed to be the most suitable firm for this project. The firm, whose office is located in Concord, has been providing Landscape Architectural consulting services to many municipalities throughout the Greater Toronto Report ENG 08 -13 April 22, 2013 Don Beer Memorial Park Relocation Request for Proposal No. RFP 1 -2013 Landscape Architectural Consulting Services Page 4 Area for 40 years and has extensive experience in park design and construction administration services. References for Landscape Planning Limited have been checked and are deemed acceptable by the Manager, Capital Projects & Infrastructure. The Health & Safety Policy, a current WSIB Workplace Injury Summary Report and Certificate of Clearance issued by Workplace Safety & Insurance Board as submitted by Landscape Planning Limited, have been reviewed by the Coordinator, Health & Safety and deemed acceptable. The Certificate of Insurance has been reviewed and is deemed acceptable. The Engineering & Public Works Department recommend that the Landscape Architectural consulting services for the Don Beer Memorial Park relocation be awarded to Landscape Planning Limited. Attachments: 1. Supply & Services Memorandum dated April 9, 2013 and March 6, 2013 2. Report ES 01 -13 Prepared By: Approved /Endorsed By: Arnold N4osfert, OALA Senio Coordinator Landscape & Parks Development Vera A. Feidemacher CSCMP, dPPO, CPPB, C.P.M., CMM III Manager, Supply & Services AM:ds Recommended for the consideration of Pickering CityAouncil „ Tony Prevedel, P.Eng. Chief Administrative Officer 3Ri an d W. Ho orn, P. Eng. ctor, Engineering & Public Works /71 Zor ATTACHMENT# f TO REPORT# _,_._ of To: /Richard Holborn April 9, 2013 Director, Engineering & Public Works From: Vera A. Felgemacher Manager, Supply & Services Copy: Manager, Capital Works and Infrastructure Subject: Request for Proposal No. RFP -1 -2013 Landscape Architectural Consulting Services, Don Beer Memorial Park Relocation - File: F- 5300 -001 Further to memo dated March 6, 2013 five (5) proposals proceeded to Stage II of the evaluation process. Each member of the Evaluation Committee has completed evaluating the five (5) proposals, completing Stage II of the evaluation process. An Evaluation Committee meeting was held Tuesday, March 12, 2013 to evaluate the proposals resulting in a combined average score for each proposal. One (1) proposal's combined average score did not meet the minimum threshold value and therefore did not proceed to Stage III. In Stage III of the evaluation process, a scoring of the pricing was performed and combined for an overall score of each proposal. During Stage IV — Cumulative Score - all scores were combined and in accordance with Part 3 — Evaluation of Proposals, Item 3.2.4, at the conclusion of Stage III, all scores from Stage II and Stage III were combined and the two (2) highest ranking proponents may be selected for an interview in Stage V. The.combined totals of the two (2) highest ranking proponents were compared resulting in a substantial point difference, consequently, Stage V — Evaluation of Interview was not required. In conclusion, the highest ranking proponent selected for contract negotiations in accordance with Part 4, Terms and Conditions of the RFP process is Landscape Planning Limited with a lump sum price of $62,140.00 (HST extra). Reference: Part 3 Evaluation of Proposals, Item 3.2 Stages of Proposal Evaluation, 3.2.4 Cumulative Score - a copy of the Stage III - Evaluation Committee Summary of Average Scores form is attached. In accordance with Purchasing Policy Procedure PUR 010 -001 Item 10.04 (a) "An award up to $50,000 is subject to the approval of the Treasurer and the CAO" and (b), "An award over $50,000 is subject to the additional approval of Council ", please prepare a Report to Council to include the following items: (a) the appropriate account number(s) to which this work is to be charged; (b) the budget amount(s) assigned thereto; (c) Treasurer's confirmation of funding; ATTACi MENT #.J. TO REPORT# L- N G 2 of (d) related depart mental approvals; and (e) related comments specific to the project. Please do not disclose any information to enquiring proponents during this time — they will be a vised of the outcome in due courseV.' Please direct enquires to Supply & Services. VAF /jh Attachments April 9, 2013 Page 2 Request for Proposal No. RFP -1 -2013 Landscape Architectural Consulting Services Don Beer Memorial Park Relocation ATTACHMENT# TOREPORT# LNG. 6g`13 of —� To: Richard Holborn March 6, 2013 Director, Engineering & Public Works From: Vera A. Felgemacher Manager, Supply & Services Subject: Request for Proposal No. RFP -1 -2013 Landscape Architectural Consulting Services, Don Beer Memorial Park Relocation Submission Date: Tuesday, March 5, 2013, 2:00 pm (local time) - File: F- 5300 -001 Request for Proposals were invited from seven (7) companies and five (5) companies responded by the official submission date and time. One (1) addendum was issued. Evaluation of proposals is performed in five (5) stages. Reference: Part 3, Evaluation of Proposals, Item 3.2 Stages of Proposal Evaluation: 3.2.1 Stage I – Review for Compliance Stage I will consist of a review to determine which proposals comply with all of the mandatory requirements. Proposals failing to satisfy the mandatory requirements as of the Submission Date will be provided an opportunity to rectify any deficiencies. Proposals failing to satisfy the mandatory requirements as of the Rectification Date will be excluded from further. consideration. 3.2.2 Stage II - Scoring Stage II will consist of a scoring by the City of each qualified proposal on the basis of the rated criteria. 3.2.3 Stage III – Evaluation of Pricing Stage III will consist of a scoring of the pricing submitted. The evaluation of price will be undertaken after Stage I and II have been completed. 3.2.4 Stage IV - Cumulative Score At the conclusion of Stage III, all scores from Stage II and Stage III will be combined and the two (2) highest ranking proponents may be selected for an interview in Stage V. 3.2.5 Stage V – Evaluation of Interview Stage' V will consist of a scoring of the interview which will be added to the Stage IV scoring. At the conclusion of Stage V, the highest ranking proponent will be selected for Contract negotiations in accordance with Part 4 – Terms and Conditions of the RFP process. M ATTACHMENT #mil . -_ I ORE PORT #_kiiCL11 " —l3 of 3.2.6 Tie Score In the event of a tie score in Stage V, the selected proponent will be determined in accordance with the City's Purchasing Procedures. All five (5) proposals will proceed to Stage II. Attachments are as follows: 1. Evaluation Form — Stage I 2. Evaluation Form — Stage II (to be used by Evaluation Committee Members) 3. Evaluation Form — Stage II Rating Criteria 4. Copies of the proposals received Please co- ordinate an appropriate date and time for a meeting of the evaluation committee. Each member should review the submissions carefully according to the rating criteria before the meeting time. Please do not disclose any information to enquiring proponents during this time — they will be advised of the outcome in due course. Please direct inquiries to Supply & Services. If you require further information, please feel free to contact me or a member of Supply & Services. VAFrjh Attachments March 6, 2013 Request for Proposal No. RFP -1 -2013 Page 2 Landscape Architectural Consulting Services, Don Beer Memorial Park Relocation ATTACHMENT #—L— TO REPORT# C-N of ( - Request for Proposal Lanabcape Architectural Consulting Services Don Beer Memorial Park Relocation RFP -1 -2013 Stage 1 — Evaluation Form Stage I will consist of a review to determine which proposals comply with all of the mandatory requirements. Proposals failing to satisfy the mandatory requirements as of the Submission Date will be provided an opportunity to rectify any deficiencies. Proposals failing to satisfy the mandatory requirements as of the Rectification Date will be excluded from further consideration. Proposals are to include the following mandatory requirements: A. Submission Form (Appendix B) B. Rate Bid Form (Appendix C) C. Reference Form (Appendix D) D. Acknowledge Addendum #1 E. Table of Contents (Appendix E Item. C) F. Profile (Appendix E Item C) Company Item A Item B Item C Item D Item E Item F Cosburn Gib_ erson . ✓ ✓ ✓ ✓ ✓ Consultants Inc. Henry Kortekaas & ✓ ✓ ✓ ✓ ✓ Associates JSW+ Associates ✓ ✓ ✓ ✓ ✓ ✓ Landscape Planning ✓ ✓ ✓ ✓ Limited NAK Design ✓ ✓ ✓ ✓ ✓ ✓ Strategies. ATTIAC MENT #-j— TOREPORT# FN -of . <equest for Proposal RFP -1 -2013 Landscape Architectural Consulting Services Don Beer Memorial Park Relocation Stage II Evaluation Form Stage II will consist of a scoring by the City of each qualified proposal on the basis of the rated criteria. Proponents should refer to Appendix E - RFP Particulars - Section D. Rated Criteria for a breakdown of the Rated Criteria. D. RATED CRITERIA The following is an overview of the categories and weighting for the rated criteria of the RFP. Experience on Similar Projects = 20 Points Provide three (3) relevant examples of past projects within the last five (5) years that are comparable in scope and magnitude. This should include a project synopsis that identifies the team members assembled who worked on the project, the current project status, budgeted costs versus actual costs; scheduling issues and resolutions, and design challenges, efficiencies. Provide client names, contacts and up -to -date contact phone numbers. Please advise the references that the City may be contacting them. Understanding of Project = 15 Points The Proposal..shall include information that provides: a. Information that the Proponent understands the objectives and requirements of this project; Proponents must relate these objectives to past experience or expertise of the Proponent and /or their team; b. Identification -of "value- added" services brought by the Proponent's team; and c. A summary of the risks, problems or issues associated with'the Work and how they will be mitigated. Work Plan and Deliverables = 15 Points The Proponent is to articulate, clearly and concisely, the following: a. An indication of how soon the Proponent can commence the work; b. A detailed work plan indicating the method, tasks, deliverables; c. A schedule that identifies Work phases (by Gantt Chart or other similar illustration) including key dates for major deliverables (design development, working drawings, tender documents, tendering, construction administration and post construction) in the Proponent's detailed work plan; d. Proposed staffing roles and the amount of time that they will be dedicated to this project; and e. State the assumptions regarding the roles and involvement of the City staff. Experience on Similar Projects 20 15 Understanding of Project 15 10 Work Plan and Deliverables 15 10 Project Team Overview, 15 10 Quality of References 15 10- Quality of Proposal 5 3- Pricing 15 10. Total Points 100 68 Experience on Similar Projects = 20 Points Provide three (3) relevant examples of past projects within the last five (5) years that are comparable in scope and magnitude. This should include a project synopsis that identifies the team members assembled who worked on the project, the current project status, budgeted costs versus actual costs; scheduling issues and resolutions, and design challenges, efficiencies. Provide client names, contacts and up -to -date contact phone numbers. Please advise the references that the City may be contacting them. Understanding of Project = 15 Points The Proposal..shall include information that provides: a. Information that the Proponent understands the objectives and requirements of this project; Proponents must relate these objectives to past experience or expertise of the Proponent and /or their team; b. Identification -of "value- added" services brought by the Proponent's team; and c. A summary of the risks, problems or issues associated with'the Work and how they will be mitigated. Work Plan and Deliverables = 15 Points The Proponent is to articulate, clearly and concisely, the following: a. An indication of how soon the Proponent can commence the work; b. A detailed work plan indicating the method, tasks, deliverables; c. A schedule that identifies Work phases (by Gantt Chart or other similar illustration) including key dates for major deliverables (design development, working drawings, tender documents, tendering, construction administration and post construction) in the Proponent's detailed work plan; d. Proposed staffing roles and the amount of time that they will be dedicated to this project; and e. State the assumptions regarding the roles and involvement of the City staff. ATTACHMENT #— TO REPORT# EL4 Gz -0 -13 of Project Team Overview =15 Points It is.important that the Work be provided by a staff team that can demonstrate knowledge of, and experience in providing similar services for projects of comparable nature, size and scope. In particular, the Proponent should provide an overview of the key personnel who would be primarily involved in the project and include the following: a. Identify the prime firm submitting the Proposal and the sub - consultant firms that will be assembled to undertake the work. b. The name, title, mailing address, phone number, fax number and e-mail of the Design Project Leader; c. Condensed resumes and professional credentials of each individual on the Project Team that highlights their education, training, and work history; d. The respective roles of the team members and their current office locations. Team members named in this RFP cannot be replaced without written approval from the City of Pickering; e. Current and future project list that will be undertaken by members of the Proponent's team including their current workload (i.e., identify other competing priorities that are assigned to each member within this project timeline); and f. Organizational chart that clearly defines the chain of command for each individual with the team. Quality of References – Total Points = 15 Points Relevance of projects similar in scope and value completed over the last five (5) years. Complete Appendix D – Reference Form Quality of Proposal – Total Points = 5 Presentation of proposal, examples, details, content organization and how well instructions are followed. 0 3 CD (D ((DD 3 cr (D Z 0 3 (D T c (D ATTACHMENT — TO REPORT# of 'A r as a. oM.0 MwCD r- May =z�r* �E o`D�o - °co 0 = ?� O O 0 -n rt N O 0 (D W n (D N v D v CL 0 0 cn 0 to cr It CD N o !a) (D' cn .a rn N Fill' a. 0 (D s CD Q v (D CC co c n 9 M o CD (D r_ CD (D. N M' 0 rn C O Q• h CD " 2. -23" (D :3 Q. co ° CD 0 .gym = 7- Q cr c O G N ZJ CD C O � `O o rt o H1 a- s M c� O D r r as a. oM.0 MwCD r- May =z�r* �E o`D�o - °co 0 = ?� O O 0 -n rt N O 0 (D W n (D N ATTACHMENT #ZTOREPORT# ENG 0�-1 j of Report to ' Executive Committee I KERI Report Number: ES 01 -13 Date: January 21, 2013 From: Everett Buntsma Director, Community Services Subject: Don Beer Memorial Park - Relocation - . File: A -1440 Recommendation: That Report ES 01 -13 from the Director, Community Services regarding the relocation of the Don Beer Memorial Park be received; 2. That Council authorize staff to enter into an Agreement with Transport Canada for the lease of the new park site located at 1607 Highway 7 in Brougham, on such terms as are satisfactory to the Director, Community Services, and the Director, Corporate Services & City Solicitor; 3. That Council authorize staff to enter into an Agreement with the Ministry of Transportation for the cost - sharing of the construction of the Don Beer Memorial Park, substantially in the form as attached to this report; and 4. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Executive Summary: As part of the Highway 407 East Extension Environmental Assessment, it was recognized that the Don Beer Memorial Park would be impacted by the proposed realignment of Highway 7 to permit the new Brock Road and Highway 407 interchange. Council requested the Ministry of Transportation to relocate and replace the ball diamond, playgrounds and parking, all at the expense of the Ministry of Transportation to compensate for the loss of the park (Report OES 45 -09). One of the Minister of the Environment's Conditions of Approval for Highway 407 East is that the Ministry of Transportation compensate the City of Pickering for the loss of Don Beer Memorial Park. Staff have located a suitable site at 1607 Highway 7, owned by Transport Canada and have prepared a concept site plan and cost estimate for the reconstruction of the park at this location. In order to secure the property for City use as the new Don Beer Memorial Park, the City will have to enter into a long -term lease agreement with Transport Canada. ATTACIyMENT# 9, . TO REPORT# CIVG, 0� -13 Report ES 01 -13 °f January 21, 2013 Subject: Don Beer Memorial Park - Relocation Page 2 As the new park site is larger than the existing site, and some upgrades are being proposed to bring the new facilities up to current standards, the Ministry of Transportation has indicated that they will only cover the costs for direct replacement and not the upgrades. An estimated cost of $900,000 was approved for the park replacement in the 2011 Parks Capital Budget, which was to be 100% funded by the Province. This value needs to be increased by approximately $444,383 to reflect the current estimated costs for the project, which is $1,344,383. As such, approximately $206,365 of the additional $444,383 required is to be funded by the City, and will be recommended in the 2013 Capital Budget and financed through a combination of an internal loan and property taxes. City staff do not have the resources available to prepare tender documents and administer the construction of this project if it is to proceed in 2013. As such, the engagement of a landscape architectural firm is required and will be initiated by staff. Should Council decide not to proceed with the reconstruction of the park at the new location at this time, the Ministry of Transportation is prepared to provide compensation in the amount of $1,035,371. This lump sum represents the Ministry's proportionate share of construction, including 10% for design and contract administration, and the cost for the survey and geotechnical investigations. Financial Implications: The estimated cost of $900,000 approved in the 2011 Capital Budget was based on the replacement value of the Don Beer Memorial Park in its existing size, meanwhile the proposed new park site is larger than the existing site. This increase in size together with some proposed upgrades brings the new facilities up to current standards, resulting in an additional 2013 Capital Budget request of $444,383. The Ministry of Transportation's share of the direct replacement cost will increase by $238,018 from $900,000 to $1,138,018. The City's share of $206,365 toward the project will be financed by a combination of an internal loan of $200,000, and property taxes in the amount of $6,365, subject to 2013 budget approval. Discussion: Through the 407 East Final Individual Environmental Assessment and Preliminary Design Study, August 2009, the City of Pickering was advised that the existing Don Beer Memorial Park site located at 1800 Highway No. 7 would be impacted. The land required to construct the Brock Road and Highway 407 interchange will displace Highway No. 7 further north into the existing park site. Council requested The Ministry Of Transportation to relocate and replace the park features, namely the ball diamond, playgrounds and parking, all at the expense of the Ministry of Transportation (Report OES 45 -09). CORP0227 -07101 revised ATTACHMENT # _ TO REPORT# EIV (A o03 Report ES 01 -13 of January 21, 2013 Subject: Don Beer Memorial Park - Relocation Page 3 Staff have been working with Transport Canada to find another site in the Hamlet of Brougham community that would be suitable to relocate the park onto. Transport Canada identified 1607 Highway 7 as vacant land under their ownership, that they would be willing to provide at a nominal rate, for the park location. Staff investigated the site and prepared a concept site plan to ensure that the existing park features could be accommodated on this site. A topographic survey and geotechnical investigations were also performed on the site. Pickering Baseball Association, who use the ball diamond at the existing park, were consulted to ensure that the proposed facilities would meet their current needs. They advised that the existing diamond was substandard in size and requested that the diamond be constructed to a size and configuration similar to their Kirky Field in Brockridge Park. The park design includes a hardball diamond complete with a grass infield and lighting, a playground area sized to accommodate the existing play structures, an asphalt basketball court to replace the existing court, a gravel parking area with 32 spaces and associated walkways and perimeter trees. The estimated cost for the reconstruction of the park is $1,344,383 including design and contingency. As the new park site is larger than the existing site (5.82 acres vs. 3.13 acres) and some upgrades are being proposed to bring the new facilities up to current standards, the Ministry of Transportation has indicated that they will only cover the costs for direct replacement and not the upgrades. As such, approximately $206,365 will be required above what the Ministry is willing to compensate the City. In anticipation of relocating the Don Beer Memorial Park, an estimated amount of $900,000 was approved for the park replacement in the 2011 Parks Capital Budget, fully funded by the Province. This value needs to be increased by $444,383 to reflect the current estimated cost of $1,344,383 for the project. Should Council decide not to proceed with the reconstruction of the park at the new location at this time, the Ministry of Transportation have advised that they will proceed to provide the City with compensation for a future park project. The Ministry is prepared to enter into an Agreement with the City that will fulfill Ministry of Transportations' obligations under the Hwy 407 EA Conditions of Approval. They have advised that they are comfortable with the cost estimate provided to them, excluding compensation for the 10% contingency that was included in the estimate should the City proceed in this manner. The approximate value that would be provided to the City as compensation is $1,035,371. As City staff do not have the resources or available time to. prepare tender documents and provide full time contract administration for the construction of this project in 2013, the engagement of a landscape architectural firm is recommended. CORP0227 -07101 revised ATTACHMENT# �- TOREPORT# QLn 0$_13 of Report ES 01 -13 January 21, 2013 Subject: Don Beer Memorial Park - Relocation Page 4 The lease with Transport Canada for the existing Don Beer Memorial Park was terminated on October 31, 2012 and the park has since been vacated. A new lease agreement with Transport Canada will be required for the proposed park site. Discussions with Transport Canada have progressed to the point that they are ready to prepare a long -term lease agreement for the property known as 1607 Hwy 7 in Brougham for the new Don Beer Memorial Park. Staff anticipate that the lease agreement and park design can be completed in time for a late spring 2013 construction start and completion of the project in late fall 2013. Attachment: 1. Concept Site Plan 2. Location Map 3. Draft Financial Contribution Agreement from Ministry of Transportation Prepared By: Arnol Mostert, ALA Coordinator, Landscape & Parks Development Rich d Holboi�h, P. Eng. Divi 'on Head, Engineering Services :am Approved /Endorsed By: Everett Bbntsma, NPD, CMM Director, Community Services Stan Karwowski, MBA, CMA (Acting) Division Head, Finance & Treasurer Recommended for the consideration of Pickering City Council , f 0 4 ®t Tony Prevedel, P. Eng. Chief Administrative Officer CORP0227 -07101 revised "4 4 Everett Bbntsma, NPD, CMM Director, Community Services Stan Karwowski, MBA, CMA (Acting) Division Head, Finance & Treasurer Recommended for the consideration of Pickering City Council , f 0 4 ®t Tony Prevedel, P. Eng. Chief Administrative Officer CORP0227 -07101 revised ATTACHMENT# Z TO REPORT# IN G, 6 H 3 3 H 1 G H W A Y 7 1 � mvw: 1 x ,,., , r` rprtw I %N 10.CI -ORtl C V i b.w wed low AW i7 r �\ 4 �J X kw C:'. r '� I LL-j I .» ORCHARD HEIGHTS OR 'z m" -rrz.. rm 2ao9 -mr. asr a wrx City of Pickering Community Services Department Don Beer Memorial Park Relocation Concept Site Plan ATTACHMENT# _ TO REPO RT#-JE -NCh A,�" jA\C MENT #_- �_ TO REPORT #_LAI (�n 3 of Li T141S AGREEMENT is effective as of the day of 2012. BETWEEN: HER MAJESTY THE QUEEN in right of the Province of Ontario, represented by the Ministry of Transportation for the Province of Ontario (hereinafter referred to as the "Ministry"); - and - City of Pickering (hereinafter referred to as the "City "); WHEREAS on June 3, 2010, the Ontario Ministry of the Environment ( "MOE'� approved the Highway 407 East Environmental Assessment, and on July 7, 2011 "the Federal Canadian Environmental Assessment Agency ( "CEAA ") approved the Highway 407 East Environmental Assessment (the "EA "); AND WHEREAS the Notice of Approval issued by the Ontario Minister of the Environment for the Highway 407 East Environmental Assessment (EA), provided in Condition 12.3, under the heading Municipal Infrastructure, that: "The proponent shall compensate the City of Pickering for the displacement of the recreational facilities located at Don Beer Memorial Park in the City of Pickering. The facilities generally include a baseball diamond with a backstop, lighting, bleachers, outfield fencing, benches, a basketball court, a children's playground with climbing equipment and swing set, a gravel parking area for approximately 25 vehicles, and vehicular access thereto. The proponent shall not be responsible for any costs related to property acquisition." Page 1 of 15 - HNENIT °Z iO REPORT# LNG OV 1 j AND WHEREAS the Ministry, as proponent, intends to open to traffic, by 2015, Highway 407 East Phase 1 which includes 22 kilometres of new east -west highway from Brock Road in Pickering to Harmony Road in Oshawa, and a 10 kilometres north -south highway, West Durham Link (WDL), connecting Highway 407 East to Highway 401; AND WHEREAS the City operates the existing recreational facilities located at Don Beer Memorial Park (the "Park ") in the City of Pickering; AND WHEREAS the City intends to replace the Park.that'will be displaced with the construction of the Highway 407 East; AND WHEREAS the Ministry and the City have agreed to enter into this agreement whereby the Ministry will compensate the City for the displacement of the Park, thereby fulfilling the Ministry's obligation in condition 12.3 of the Notice of Approval, and to set out the mutually agreed upon terms and conditions for the replacement of the Park, as shown in Schedule "A "; NOW THEREFORE in consideration of the mutual covenants and agreements of the Parties hereinafter contained and for" other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agree as follows: DEFINITIONS 1. In this Agreement, a) "Administrative Overheads ", means any amounts associated with City staff working on Page 2 of 15 AT T CHMENT# ;• .TO REPORT #LdG 0-13 of17— or providing administrative support for the Works; b) "Park" means the existing recreational facilities located at the Don Beer Memorial Park located in the City of Pickering at 1800 Highway 7, which generally include a baseball diamond with a backstop, lighting, bleachers, outfield fencing, benches, a basketball court, a children's playground with climbing equipment and swing set, a gravel parking area for approximately 25 vehicles, and vehicular access. c) "Regional Director" means the Regional Director of the Central Region of the Ministry of Transportation for the Province of Ontario, or a nominee. d) "Works" means all the work necessary to relocate the Park to a new property chosen by the City (and located at 1607 Highway 7), including without limitation the detailed design, all necessary environmental approvals, utility relocations, construction, construction administration, traffic control and safety during construction. SCOPE OF WORK 2. The City shall be responsible for and undertake and execute the Works in accordance with all applicable law and shall ensure that the Works are completed in compliance with: (a) Applicable Ontario Provincial Standards and Specification; (b) Applicable City of Pickering approved standards and specifications (c) Contract drawings and documents; and (d) the terms and conditions of this Agreement and that all Works within the Ministry's right -of -way ( "ROW ") are subject to Ministry inspection and approval. 3. The City shall be responsible for obtaining all permits required for the Works prior to construction and in compliance with any other applicable provisions in this Agreement. Page 3 of 15 ATTACHMENT# ! , TO REPORT# CU c _0� 3 &_ of 4. In undertaking the Works, the City, as proponent of the Works, shall comply with the Environmental Assessment Act and the Municipal Class Environmental Assessment process and obtain from the Ministry of Environment, as well as the Ministry of Natural Resources, all clearances required by the Environmental Assessment Act (Ontario), if any. 5. The City shall secure all necessary approvals to carry out the Works, including obtaining an encroachment permit and any other permits required from the Ministry and from any other federal agency such as Transport Canada, prior to starting construction of the Works. 6.. The City shall be responsible for the design and preparation of the, contract drawings and documents for the Works. The City shall submit the contract design packages to the Ministry for review and for approval of any portion of the Works that involve a highway under Ministry's jurisdiction. 7. The City may, in its discretion, undertake additional work beyond the scope of the Works shown in Schedule "A" of this Agreement. For greater certainty, the parties understand and agree that such additional work is entirely. the City's responsibility and that the Ministry shall not provide any financial contribution for such additional works. 8. The City shall obtain the Ministry's approval for any changes to the Works having a cost in excess of fifteen thousand dollars ($15,000). Such approval shall be obtained prior to the additional work being performed and such approval shall not be unreasonably withheld or delayed. The approval of any such changes by the Ministry shall not effect the maximum financial contribution of the Ministry set out in section 16 herein 9. The City shall be fully responsible for traffic control and safety during construction of the Works, including the supply,_ installation and maintenance of all traffic control devices and warning signs that the Ministry requires within its jurisdiction, which shall be carried out in accordance with Ministry approved standards, specifications, policies and practices. Page 4 of 15 A '"AC'HMENT# TOREPORT# CN6.y -605 of 10. The City shall keep full records of the progress of the Works, including quality assurance and inspection records, and shall provide them, with the exclusion of any personal information which may be contained therein, at the Ministry's request within two business days notice. 11. When the Works are completed under this Agreement or when the City is of the view that the Works are completed, the City shall provide written notice to the Regional Director, and the Regional Director shall cause the Works within Ministry's ROW to be inspected, and if the Regional Director finds the Works have been satisfactorily completed in accordance with the contract drawings and documents, the Regional Director shall give the City written notice that the Works have been completed. CONSTRUCTION TENDER 12. The City shall tender the contract for the construction of the Works. The City shall provide the Ministry with a copy of the unit bid prices for the Works immediately following the close of the tender 13. The City shall, in its; discretion, obtain either a performance bond or a standby irrevocable letter of credit or other performance security as it deems appropriate from the contractor in favour of both the Ministry and the City, in an amount reasonably acceptable to the City, to secure performance of the contract with the City as tendered in accordance with this Agreement. FINANCIAL CONTRIBUTION 14. Subject to section 16 of this Agreement, the Ministry and the City agree that the costs in respect of the Works , as detailed in Schedules `B" attached to this Agreement are for estimating purposes only and that it is the intention of the parties to pay the actual costs in accordance with and subject to the terms and conditions set out in this Agreement. For additional clarity, it is Page 5 of 15 ATTACH?MENT# �! .TOREPORT# LN(-,og-13 of _i7 understood and agreed by the City that it will not seek to recover from the Ministry any amounts for Administrative Overheads, and as such this is indicated by a "zero" amount in Schedule `B'. 15. Subject to section 16 of this Agreement, the Ministry shall reimburse and pay the City for the actual costs of the Ministry's share for each component of the Works as set out in Schedule `B" of this Agreement. 16. The parties understand and agree that, notwithstanding any other provision of this Agreement, the maximum financial contribution by the Ministry to the City in respect of the Works shall not exceed $1,138,017.82, inclusive of applicable taxes (the "maximum financial contribution "). The City shall be responsible for any costs in excess of the maximum financial contribution in respect of the Works. INVOICING 17. The City shall, from time to time, invoice the Ministry for its share of the actual costs payable by . the Ministry to the City under this Agreement in respect of the Works. The City shall submit all invoices I to the Head, Planning and Engineering, Major Projects Office, Ministry of Transportation, or a nominee. 18. The Ministry shall pay invoices submitted by the City within 60 days. GENERAL 19. The City warrants that it has taken all necessary steps, done all acts, passed all by -laws and obtained all approvals within its power legally required to give it the authority to enter into this Agreement. 20. The City shall accommodate audits by the Ministry of the Works performed by the City at the discretion of the Ministry and on three business days' notice. The City agrees to allow on -site Page 6 of 15 A? 7'hICHMENT# LTO PORT #_ E NG._ 08 �►3 Iaf� audits by the Ministry during regular business hours. 21. The City shall indemnify and save harmless the Ministry from and against all claims, actions, causes of action or liability for loss, damage, accident or injury (hereinafter referred to collectively as "claims ") in any manner arising due to, out of, from or in connection with the Works undertaken and performed by the City, its agents or it's consultants or contractors in connection with this Agreement, howsoever such claims may arise. 22. The City hereby agrees to put in effect and maintain insurance for the duration of the Works, at its own cost and expense indemnifying the City and the Ministry from and against all claims for damage or injury to property and/or persons, including loss of life to persons, occurring on lands affected by the Works mentioned in this Agreement. Such insurance will include but not be limited to the following: (a) Comprehensive general liability insurance in an amount of not less than Five Million ($5,000;000:00) Dollars in respect of bodily injury or death of any one person in any one occurrence; (b) insurance shall be maintained with a company or companies licensed to do business in the Province of Ontario; (c) the City shall ensure that the policy names the Ministry as an additional insured; (d) the City shall promptly furnish the Ministry with certificates of the insurance signed by the insurance company at the request of the Ministry; and, (e) the policy shall not be subject to cancellation or amendment without reasonable notice to the Ministry and the policy shall contain a cross liability endorsement. Page 7 of 15 EWA H-13 H, ME NT TO REPORT# �.o, 1'1 23. Any notices to be given under the provisions of this Agreement shall be in writing and shall be given by personal delivery, or sent by electronic facsimile, or mailed by prepaid registered mail, or delivered by courier service. Subject to change by either party with written notice, notice shall be addressed as follows: To the Ministry: To the City: Lou Politano, P.Eng. Regional Director, Central Region Ministry of Transportation 2nd Floor, Building D 1201 Wilson Avenue Downsview, Ontario M3M 1J8 Telephone: (416) 235 -5400 Facsimile: (416) 235 -5266 Ms. Debbie Shields City Clerk, Cityof Pickering One' The Esplanade Pickering, Ontario L1V 6K7 Telephone: 905- 420 -4660 Facsimile: 905 -420 -4650 Notices shall be deemed to have been effectively given on the date of personal delivery, the date of electronic facsimile transmission, or the date of delivery by courier service, or in the case of service by registered mail, five (5) days after the date of mailing. Page 8 of 15 A774CHMENT# A�_ aOREPORT# of � THIS AGREEMENT shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. _IN WITNESS WHEREOF the Parties have executed this Agreement effective as of the day first above written. HER MAJESTY THE QUEEN in right of the Province of Ontario, . represented by the Minister of Transportation for the Province of Ontario Title SIGNED this day of 2012. Page 9 of 15 ATTIACHMENT# 'FOREPORT#—LLV Page 10 of 15 LL A fl KEY PLAN CITY'S PROPOSED WORK 3 Page I I of 15 A,,TACHMENT# TO Rf PORT #1—k& 3 Of c— ©N.N6. N., — -- SKETCH SHOWING TOPOGRAPHY OF H I G H W A Y7 PART OF LOTS 11 -14 PLAN 530 AND PART OR LOTS 12 -15 PLAN 10 (Roca a CONCESSION 5 TOWN OF PICKERING REGIONAL MUNICIPALITY OF DURHAM _ — — — — _ — — — — — — — — _ — — — w "+�,r- —` �m yw .�... SCALE 1 :500 — .c mw.. IVAN B. WALLACE D.L.S. -LTD. r c,c x —x —x —x j xxc, j e I IIII aou • �,• � III I� lit ua. � .w.tid ... AF& i • r MAY rr� 1111 j 56WEP W.A L. 1 �' eTt D ,+ t Z ,I \ I� 1 � `' o \ I a 3. INVEMI mu L7 7-1 0 ILp 5 \ \\ c°o•.. ..c.t °mom I] �,;�° x a\ `L x x` —x —x x--aw �ilcab N, � ., 'rq\ ,\ m x x ' � •�. � ' o-ntrlM. — ORCHARD m ° +� fe v Ye HEIGHTS DR %N 16102 %N 26402 -0014 —FT Rf3FHYE eaG. Lp _Lro LF 0 A x x _ vosT a msE rer� PIN 26402 -0006 Page 12 of 15 TO REPORT# LRCq -! SCHEDULE "B" TO AN AGREEMENT BETWEEN THE MINISTRY AND THE CITY OF PICKERING ESTIMATED COST BY THE CITY (Estimate as of November 5, 2012) Page 13 of 15 ACHMEN f # 0T --` _ p O REPORT# Q1 1-7 Item Description No. Est Unit Qty. Unit Price Total Cost MTO Share MTO Cost City of Pickering Share City of Pickering Cost 1.0 1.1 Site Preparation Clearing, grubbing, removals and disposal 2.4 Lump Sum $20.000.00 54% $10,800.00 46% $9.200.00 100mm dia. perforated rigid PVC drain pipe (note 1) 200mm dia. Solid rigid PVC collector pipe 2.9 Relocation of Septic Bed Electrical and Liahting 2.10 Electrical Servicing 2.11 Sports lighting for hard ball fields 1.2 Siltation control/ tree preservation fence 600 LM $20.00 $12,000.00 100% $12,000.00 0% 3.2 1.3 Post and wire fence construction control 85 LM $16.00 $1,360.00 100% $1,360.00 0% Basketball Court 3:6 fence 3.7 Play Area Safety Surfacing 3.8 Play Area equipment, sign and $40.00 commemorative plaque relocation 3.9 1.4 Strip and stockpile topsoil (note 1) Ball fields infield surfacing, homeplate and Lump Sum $30,000.00 54% $16,200.00 46% $13,800.00 1.5 Rough grade and shape park features, 1 Lump Sum $105,000.00 54% $56,700.00 46% $48,300.00 Players benches including load, haul and place materials Relocation of Benches - - 3.11 Waste receptacle 4.0 Soft Landscaping 4.1 Perimeter Trees 4.2 (note 1) 4.3 Fine grade and sod 5.0 Miscellaneous 5.1 Mobilization and Demobilization costs 5.2 1.6 Load, Haul and Place Topsoil for fine Summary Lump Sum $20,000.00 54% $10,800.00 46% $9,200.00 2.0 Sub - total: grading (note 1) $307,400.00 $45,000.00 1250 _. ,m2. $35.00 10 Site Servicing 2.1 Storm sewer (300mm dia. or comparable 100% bioswale construction) 2.2 Catch basin 2.3 Catch basin /manhole 2.4 Manhole 2.5 Culverts (300mm dia.) 0% Hard Ball Field- drainage- 2.7 100mm dia. perforated rigid PVC drain pipe 2.8 200mm dia. Solid rigid PVC collector pipe 2.9 Relocation of Septic Bed Electrical and Liahting 2.10 Electrical Servicing 2.11 Sports lighting for hard ball fields 2.12 Pathway lighting system 2.13 Parking Area lighting systems 3.0 Hard Landscace 3.1 Gravel parking area (note 2) 3.2 Standard OPSD Driveway Entrance 3.3 Precast concrete curb at parking area (note 0% 3) 3.4 Standard Asphalt Pathways (note 4) 3.5 Basketball Court 3:6 Play Area curbing 3.7 Play Area Safety Surfacing 3.8 Play Area equipment, sign and $40.00 commemorative plaque relocation 3.9 Hard Ball Fields 0% Ball fields infield surfacing, homeplate and 1 mound construction (clay) Lump Sum Ball fields sod and field mix 0% Ball fields wam'rng tracks - 100% Ball fields backstops and player. enclosures 1 Ball fields line fence Lump Sum Ball fields home run fence and gates 100% 5-tier spectators bleachers 0% Players benches 3.10 Relocation of Benches - - 3.11 Waste receptacle 4.0 Soft Landscaping 4.1 Perimeter Trees 4.2 Fine grade and seed 4.3 Fine grade and sod 5.0 Miscellaneous 5.1 Mobilization and Demobilization costs 5.2 Costs of Bonding 6.0 Summary 100% Total Sections 1.0.5.0 7.0 Pre- design Works: 7.1 Topographic survey 7.2 Geotechnical Investigations 1.0 Sub - Total: $188,360.00 $107,860.00 $80,500.00 275 LM $120.00 $33,000.00 100% $33,000.00 0% $202,796.00 2 each $2,200.00 $4,400.00 1001k $4,400.00 0% Page 14 of 15 3 each $3,800.00 $11,400.00 .100% $11,400.00 0% $206 365.21 1 each $3,400.00 $3,400.00 100 %, $3;400.00 0% 2 existing packing lot is 1050 sq m in area 6 each $1,200.00 $7,200.00 100 % 57,200.00 0% 1200 LM $20.00 $24,000.00 - -100% $24,000.00 0% 225 LM $40.00 $9,000.00 100% $9400.00 0% 1 each Lump Sum $15.000.00 0% 100% $15,000.00 1 Lump Sum $40,000.00 100% $40,000.00 -' -- 0% 1 each $160,000.00 $160,000.00 100% $160,000.00 0% - Lump Sum $30,000.00 0% ..1001/ - $30.000.00 Lump Sum $15.000.00 100% $15,000.00 - °0% 2.0 Sub - total: $352,400 -00 $307,400.00 $45,000.00 1250 _. ,m2. $35.00 $43,750:00 84% $36,750.00 16% $7,000.00 1 Lump Sum $5,500.00 100% $5,500.00 0% 21 each $200.00 $4,200.00 100% $4,200.00 0% 750 m2 $52.00 -. $39,000.00 10% " $3,900.00 90% - $35,100.00 Lump Sum $35,000.00 100% $35,000.00 0% 80 LM $120.00 $9;600.00 100% $9,600.00 0% 360 m2 $35.00 $13,300.00 100% $13,300.00 0% Lump Sum $6,000.00. 100% $6,000.00 0% 1500 m2 $27.00 $40,500.00 100% $40,500.00 0% 10515 m0 $13.50. $147,952.50 100% $141,952.50 0% 1200 m2 $7.50: -:- $9,000.00 100% $9,000.00 0% 1 each $85,000.00 $65,000.00 100% $65,000.00 0% 145 LM $115.00 $16,675.00 100% $16,675.00 0% 175 LM $75.00 $13,125.00 100% $13,125.00 0% 2 each $6,500.00 $13,000.00 100% $13,000.00 0% 4 each $2,500.00 $10,000.00 100% $10,000.00 0% 100% 0% -, -3 each $500.00 $1,500.00 100% $1,500.00 0% 1 each $500.00 $500.00 1001/0 $500 00 0% 3.0 Sub- total: $467,602.50 $425,502.50 542,100.00 -60 each $350.00 $21,000.00 100% $21,000.00 0% 4500 m2 $1.30 $5,850.00 100% $5,850.00 0% 4500 m2 $3.20 $14,400.00 100% $14,400.00 0% 4.0 Sub - total: $41,250.00 $41,250.00 $0.00 Lump Sum $20,000.00 100% $20,000.00 0% Lump Sum $15.000.00 100% $15,000.00 0% 5.0 Sub - total: $35,000.00 $35,000.00 $0.00 $1,084,612.50 $917,012.50 $167,600.00 10% contingency $108,461.25 $91,701.25 $16,760.00 sub -total $1,193,073.75 $1,006,713.75 $184,360.00 Design and Construction $119,307.38 $100,871.38 $18,436.00 Administration Fees @ 10% Construction Sub - total: $1,312,381.13 $1,109,585.13 $202,796.00 Lump Sum $3,950.00 $3,950.00 Lump Sum $4.800.00 $4,800.00 Predesign Works Sub -total $8,750.00 $8,750.00 $0.00 Total Construction & Pre- design Costs: 321, . $1, 13 131 $1,118,335.13 $202,796.00 Administrative Overheads $0.00 $0.00 $0.00 Net H.S.T. @ Page 14 of 15 1.76% $23 251.91 $19 682.70 $3,569.21 Total Estimated Price: $1 344 383.03 $1.138!017.821 $206 365.21 Notes, 1 existing park area is 12,573 sq m and proposed construction area approx 23,560 sq m - existing park 54% of proposed developed area 2 existing packing lot is 1050 sq m in area 3 precast curbs proposed in lieu of wooden post parking barrier of Schedule "S" Notes: - Cost sharing will be base on actual costs rather than estimated costs. - The Ministry shall not be responsible for the cost to operate, maintain and provide energy for the illumination, and any other operational costs for the New Don Beer Memorial Park. - The parties agree that the maximum financial contribution by the Ministry to the City to satisfactorily complete the Works shall not exceed S1, 138,017.82 (inclusive of applicable taxes). 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