HomeMy WebLinkAboutApril 7, 2026
Executive Committee
Meeting Agenda
Electronic Meeting
April 07, 2026 - 02:00 PM
Chair: Mayor Ashe
Please be advised that in accordance with Section 10.04 of the Procedure By-law, the City of
Pickering is holding Council and Committee Meetings in an electronic format until further
notice.
Members of the public may observe the meeting proceedings by viewing the livestream on the
HTML Agenda or the archived video available on the City's website.
How to Participate
Individuals looking to make a verbal delegation may do so in accordance with the City’s
Procedure By-law. In lieu of a verbal delegation, individuals may also submit written
comments to clerks@pickering.ca. To register as a delegation, please submit a Delegation
Request Form by visiting pickering.ca/meetings.
For inquiries related to accessibility, please contact Legislative Services
Phone: 905.420.4611 | Email: clerks@pickering.ca.
Call to Order/Roll Call
Disclosure of Interest
Delegations
Matters for Consideration
Director, Corporate Services & City Solicitor, Report CLK 03-
26
Page 5
Restricted Acts after Nomination Day (Lame Duck Period)
Delegation of Authority under Section 275 of the Municipal Act
Recommendation:
1.
2.
3.
4.
4.1
That Report CLK 03-26, regarding Restricted Acts after Nomination Day
(Lame Duck Period), Delegation of Authority under Section 275 of the
Municipal Act, be received;
1.
That the draft By-law, included as Attachment 2 to CLK 03-26, be approved
and enacted; and,
2.
That the appropriate officials of the City of Pickering be authorized to take the
actions necessary to implement the recommendations in this report.
3.
Director, Engineering Services, Report ENG 03-26 Page 49
Park Construction Agreement with Claremont Developments Inc.,
for Forsyth Park, Claremont
Recommendation:
That the City of Pickering enter into a Park Construction Agreement with
Claremont Developments Inc., to facilitate the construction of Forsyth Park;
1.
That the Mayor and City Clerk are hereby authorized to execute the Park
Construction Agreement between the City of Pickering and Claremont
Developments Inc., in substantially the same form as attached to this report,
subject to revisions acceptable to the Director, Engineering Services and the
Director, Corporate Services & City Solicitor;
2.
That Council authorize the Director, Finance & Treasurer to finance the gross
project cost of $2,620,919.00 (HST included) and net project cost of
$2,360,219.00 (net HST) as outlined in the Parks Construction Agreement
and approved in the 2024 Capital Budget as follows:
the sum of $2,214,400.00 available budget, funded from the
Development Charges Parks & Recreation Reserve Fund be increased
to $2,301,214.00 and funded from the same source;
a.
the sum of $56,800.00 available budget, funded from Development
Charges City‘s Reserve Fund be increased to $59,005.00 and funded
from the same source; and,
b.
3.
That the appropriate officials of the City of Pickering be authorized to take the
actions necessary to implement the recommendations in this report.
4.
Director, Engineering Services, Report ENG 04-26 Page 65
Park Construction Agreement with Mattamy (Seaton) Limited
for Dave Ryan Community Park
Recommendation:
That the City of Pickering enter into a Park Construction Agreement with 1.
4.2
4.3
Executive Committee Meeting Agenda
April 07, 2026
- 2 -
Mattamy (Seaton) Limited to facilitate the design and construction of Dave
Ryan Community Park;
That the Mayor and City Clerk are hereby authorized to execute the Park
Construction Agreement between the City of Pickering and Mattamy (Seaton)
Limited in substantially the same form as attached to this report, subject to
revisions acceptable to the Director, Engineering Services and the Director,
Corporate Services & City Solicitor;
2.
That Council authorize the Director, Finance & Treasurer to finance the gross
project cost of $6,606,255.00 (HST included) and net project cost of
$5,949,137.00 (net HST) as outlined in the Park Construction Agreement and
approved in the 2020 and 2023 Capital Budgets as follows:
the sum of $3,661,100.00 available budget, funded from the
Development Charges Parks & Recreation Reserve Fund be increased
to $5,800,409.00 and funded from the same source;
a.
the sum of $93,900.00 available budget, funded from the Seaton
Landowner Group FIA Reserve Fund be increased to $148,728.00 and
be funded from the same source; and,
b.
3.
That the appropriate officials of the City of Pickering be authorized to take the
actions necessary to implement the recommendations in this report.
4.
Director, City Infrastructure, Report INF 05-26 Page 82
Pike Court Storm Sewer Works
Request for Quotation No. Q2026-3
Recommendation:
That the quotation submitted by Zilli Construction Ltd. in response to Request
for Quotation No. Q2026-3 for Pike Court Storm Sewer Works, in the amount
of $76,015.00 (net HST) or $84,411.00 (HST included) be accepted;
1.
That the total gross project cost of $96,235.00 (HST included), including the
tendered amount, a construction contingency and other associated costs, and
the total net project cost of $86,663.00 (net HST) be approved;
2.
That Council authorize the Director, Finance & Treasurer to finance the total
net project cost of $86,663.00 as follows:
that the amount of $50,000.00 for capital project C10525.2505 Pike
Court Storm Sewer Works as approved in the 2025 Capital Budget to be
funded by a transfer from Stormwater Management Reserve Fund;
a.
that additional funds of $36,663.00 for capital project C10525.2505 to be
approved by a transfer from the Stormwater Management Reserve
Fund; and,
b.
3.
4.4
Executive Committee Meeting Agenda
April 07, 2026
- 3 -
That the appropriate officials of the City of Pickering be authorized to take the
actions necessary to implement the recommendations in this report.
4.
Director, City Development & CBO, Report SUS 01-26 Page 87
Pickering Environmental Schools Grant
Results of the 2025 Funding
Recommendation:
That Report SUS 01-26 regarding the Pickering Environmental Schools Grant be
received for information.
Member Updates on Committees
Other Business
Adjournment
4.5
5.
6.
7.
Executive Committee Meeting Agenda
April 07, 2026
- 4 -
Report to
Executive Committee
Report Number: CLK 03-26
Date: April 7, 2026
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject:
Restricted Acts after Nomination Day (Lame Duck Period)
Delegation of Authority under Section 275 of the Municipal Act
File: A-1440
Recommendation:
1. That Report CLK 03-26, regarding Restricted Acts after Nomination Day (Lame Duck
Period), Delegation of Authority under Section 275 of the Municipal Act, be received;
2. That the draft By-law, included as Attachment 2 to CLK 03-26, be approved and enacted;
and,
3. That the appropriate officials of the City of Pickering be authorized to take the actions
necessary to implement the recommendations in this report.
1.0 Executive Summary:
The purpose of this report is to seek delegated authority for the Chief Administrative Officer
(CAO) to carry out certain restricted acts should Council be unable to do so leading up to the
2026 Municipal Election.
During the 2022 Municipal Election the delegated authority being sought through this report
was provided to the CAO through By-law 7934/22 (Attachment 1), however the delegated
authority was specific to the 2022 Municipal Election, and a new By-law is required to give
effect to same for 2026.
Section 275 of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”), provides for restrictions
on the actions that Municipal Council can take, in the period leading up to an election, when it
can be ascertained that the new incoming Council will include less than three-quarters of the
members of the outgoing Council. This is commonly referred to as the “Lame Duck Period”.
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CLK 03-26 April 7, 2026
Page 2
The lame duck determination is made in two different scenarios during the election period:
1. After nomination day (August 21, 2026), but before voting day (October 26, 2026), the
determination shall be based on the nominations to the new Council that have been
certified and any acclamations made to the new Council; and,
2. After voting day, the determination shall be based on the declaration of the results of the
election including declarations of election by acclamation.
If it is determined that Council is in a Lame Duck Period, for the remainder of the 2022-2026
Term of Council, Pickering City Council will be restricted from certain acts as set out in Section
275 of the Act. To that end, staff are seeking approval of a By-law to give delegated authority
to the CAO for some of these restricted acts.
2.0 Relationship to the Pickering Strategic Plan:
The recommendations in this report respond to the Pickering Strategic Plan Priority of Foster
an Engaged & Informed Community.
3.0 Financial Implications:
There are no financial implications associated with this report, however, the exercise of the
delegated authority described in the attached By-law will have financial implications as
described in the Discussion section of this report.
4.0 Discussion:
The purpose of this report is to seek delegated authority for the CAO to carry out certain
restricted acts should Council be unable to do so leading up to the 2026 Municipal Election.
City of Pickering Council is comprised of seven (7) Members, and the new incoming Council
for the 2026-2030 Term will also consist of 7 members. As noted above, Section 275 of the Act
states that the authority of the current Council will be subject to certain restrictions if the new
incoming Council will include less than three-quarters of the Members of the outgoing Council.
Three-quarters of the City’s 7 Member Council equals 6.
On Nomination Day (August 21, 2026), if it can be determined with certainty, based on the
certified nominations and any acclamations to the new Council, that less than 6 of the outgoing
Members will be returning, the restricted acts under Section 275 of the Act will apply. This
could also be the case after Election Day (October 26, 2026) when, based on the election
results, it is certain that less than 6 of the outgoing Members will be returning. (Note: This
situation will have fewer implications, as there are no Council meetings scheduled after Voting
Day until the inaugural meeting of the new Council, which is scheduled for November 16,
2026).
Restricted Acts under Section 275 of the Municipal Act
The following are the 4 restricted acts during a Lame Duck Period:
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CLK 03-26 April 7, 2026
Page 3
a. the appointment or removal from office of any officer of the municipality;
b. the hiring or dismissal of any employee of the municipality;
c. the disposition of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal; and,
d. making any expenditures or incurring any other liability which exceeds $50,000.
Section 275(4) of the Act provides that clauses c) and d) do not apply if the disposition or
liability was included in the most recent budget adopted before Nomination Day in the Election.
Section 275(4.1) states that nothing prevents a municipality from taking any action in the event
of an emergency (emergency meaning that as defined under the Emergency Management and
Civil Protection Act, R.S.O. 1990, c. E.9).
Section 275(6) states that nothing prevents any person or body exercising any authority of a
municipality that is delegated to the person or body prior to Nomination Day for the election of
the new Council.
Since the last municipal election, the Municipal Act was amended to include Part VI.1 Special
Powers and Duties of the Head of Council, commonly referred to as ‘Strong Mayor Powers’.
The Ministry of Municipal Affairs and Housing has advised that any powers or duties of Council
that are assigned to the head of council under the Strong Mayor Powers are also subject to the
restricted act provisions under Section 275.
Delegated Authority for Restricted Acts during a Lame Duck Period
Delegation of authority during a Lame Duck Period is a common practice among municipalities
in Ontario. It is put in place to ensure business continuity, efficient management, and the ability
to respond to urgent situations, where additional expenditures not approved in the most recent
budget, may be required. As outlined in the attached draft By-law (Attachment 2), the proposed
delegation of authority is subject to certain limitations in that expenditures for the disposition of
land and any other expenditures or liabilities not included in the 2026 Budget are subject to a
limit of $500,000 per expenditure. It should also be noted that the proposed delegation of
authority only comes into effect once a Lame Duck Period has been ascertained by the City
Clerk and Council has been notified of same. The delegation of authority would end when the
Council-elect is deemed to be organized at the November 16, 2026, Inaugural Meeting. Where
no Lame Duck Period exists, the By-law would have no effect.
At the time of writing this report, the Towns of Ajax and Whitby, the Municipality of Clarington
and the Region of Durham already have lame duck delegation By-laws or policies in place. It is
anticipated that other municipalities will bring forward recommendations for delegated authority
to their Councils so that they take effect prior to Nomination Day.
Of the restricted acts outlined in Section 275 of the Act, only those acts in clauses c) and d)
require the delegation of authority to the CAO. The following provides an overview of each of
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CLK 03-26 April 7, 2026
Page 4
the restricted acts and the provisions that will be needed should a Lame Duck Period be in
effect:
a. the appointment or removal from office of any officer of the municipality:
The appointment or removal from office of any officer of the municipality applies only to
statutory positions (Clerk, Fire Chief, Chief Building Official and Treasurer). Section
23.3(1) of the Act prohibits the delegation of the power to appoint or remove from office
an officer of the municipality and therefore, this is not a restricted act that can be
delegated. Should a statutory position be vacated during a Lame Duck Period, Council
would be prohibited from appointing an individual to such position. That said, the
statutory positions of the Clerk, Fire Chief, Chief Building Official, and the Treasurer,
have Deputies already appointed to act in their place should a vacancy occur.
b. the hiring or dismissal of any employee of the municipality:
Through Mayoral Decision #01-2023 and exercised in accordance with By-law 7780/20
which describes the duties and responsibilities of the CAO, the CAO has the authority to
hire and discharge all employees, except for the above-noted statutory positions. As a
consequence, no delegation of authority is required for this restricted act.
c. the disposition of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal:
Most dispositions of real or personal property require Council approval. Real estate
transactions sometimes arise throughout the year, and cannot all be anticipated when
the annual budget is approved. It is therefore recommended that the CAO be delegated
authority to approve such dispositions, on an as needed basis, with a limit of $500,000
per occurrence. Dispositions of real or personal property exceeding $500,000 would not
be possible during the Lame Duck Period.
d. making any expenditures or incurring any other liability which exceeds $50,000:
Any expenditures that have not been approved in the 2026 Budget and need to be
incurred during the Lame Duck Period, could not be approved by Council if the
expenditure or liability exceeds $50,000. It is therefore recommended that the CAO be
delegated the authority to approve such transactions, on an as needed basis, with a
limit of $500,000 per occurrence.
Some examples of unexpected expenditures could include, but are not limited to:
• approval of additional/overage costs associated with a construction project award
already approved by Council;
• the approval, in conjunction with the Director, Finance & Treasurer, of a transfer of
funds from reserves or reserve funds for project overages; or,
• unexpected expenditures of an urgent nature, such as due to a major storm event,
that have not been included in the 2026 Budget.
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CLK 03-26 April 7, 2026
Page 5
Staff recommend a limit of the delegated authority to $500,000 per expenditure/liability based
on the delegation By-laws of several other municipalities. It should be noted, however, that
some municipalities have chosen to give their CAOs unlimited delegated authority for Lame
Duck Periods.
The attached draft By-law contains a provision requiring the CAO to notify the current Council,
on an ongoing basis, in writing, of any exercise of the delegated authority. The By-law also
requires the CAO to report to the new Council within the first quarter of the first year of the new
term, on all uses of the delegated authority. The extent to which the CAO’s delegated authority
was used during the 2022 Municipal Election is included in Attachment 3 to this report.
It is recommended that Council enact the attached draft By-law to provide delegated authority
to the CAO for the ongoing operation and administration of the City, should Council be in a
lame duck position and certain acts are restricted for Pickering City Council leading up to the
2026 Municipal Election.
Attachments:
1. By-law 7934/22, Being a by-law to authorize the delegation of authority to the Chief
Administrative Officer for certain acts during a “Lame Duck Period” for the 2022
Municipal Election
2. Draft By-law to authorize the delegation of authority to the Chief Administrative Officer
for certain acts during a “Lame Duck Period” for the 2026 Municipal Election
3. Report CAO 01-23, Use of Delegated Authority During Lame Duck Period of August 19,
2022 to November 14, 2022
Prepared By: Susan Cassel, City Clerk
Approved/Endorsed By: Paul Bigioni, Director, Corporate Services & City Solicitor
Approved/Endorsed By: Stan Karwowski, Director, Finance & Treasurer
SC:se
Recommended for the consideration of Pickering City Council By:
Marisa Carpino, M.A.
Chief Administrative Officer
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The Corporation of the City of Pickering
By-law No. 7934/22
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame Duck Period” for the 2022 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”), restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has beendetermined that a Lame Duck Period is in effect, for approval of the following matters:
a.the disposition of any real or personal property of the municipality which has avalue exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b.in addition to the authority described in Section 1. a. above, making anyexpenditures or incurring any other liability that exceeds $50,000, except in thosecases where the liability was included in the most recent budget adopted byCouncil before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure which shall be determined by the Treasurer and CAO inaccordance with the Financial Control Policy;
2.The Chief Administrative Officer shall notify Council in writing, for their information, onan ongoing basis, of any exercise of delegated authority pursuant to this By-law;
Attachment 1 to Report CLK 03-26
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By-law No. 7934/22 Page 2
3.The Chief Administrative Officer shall provide an information report to the new Council,in the first quarter of the year following the election, setting out each use of delegatedauthority pursuant to this By-law; and,
4.The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 24th day of May, 2022.
________________________________ David Ryan, Mayor
________________________________ Susan Cassel, City Clerk
Original Signed By
Original Signed By
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Attachment 2 to Report CLK 03-26
The Corporation of the City of Pickering
By-law No. XXXX/26
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame
Duck Period” for the 2026 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”),
restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing
council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends
on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or
body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its
powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City
of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates
certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has been
determined that a Lame Duck Period is in effect, for approval of the following matters:
a. the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b. in addition to the authority described in Section 1. a. above, making any
expenditures or incurring any other liability that exceeds $50,000, except in those
cases where the liability was included in the most recent budget adopted by
Council before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure, either from reserves or reserve funds or otherwise, which shall
be determined by the Treasurer and CAO;
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By-law No. XXXX/26 Page 2
2. The Chief Administrative Officer shall notify Council in writing, for their information, on
an ongoing basis, of any exercise of delegated authority pursuant to this By-law;
3. The Chief Administrative Officer shall provide an information report to the new Council,
in the first quarter of the year following the election, setting out each use of delegated
authority pursuant to this By-law; and,
4. The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 27th day of April, 2026.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
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Report to
PJ(KERJNG Executive Committee
Report Number: CAO 01-23
Date: January 9, 2023
From: Marisa Carpino
Chief Administrative Officer
Subject: Use of Delegated Authority During Lame Duck Period of August 19, 2022 to
November 14, 2022
-File: A-1440-001
Recommendation:
That Report CAO 01-23 regarding the use of delegated authority during the Lame Duck Period
of August 19, 2022 to November 14, 2022 be received for information.
Executive Summary: Further to the approval of Report CLK 03-22, Restricted Acts after
Nomination Day (Lame Duck Period), through Council Resolution #903/22, and with the
closing of nominations for the 2022 Municipal Election at 2:00 pm on August 19, 2022, it was
determined that Pickering City Council was Lame Duck based on the nominations to the new
Council that were certified (see Attachment #1).
As set out in Report CLK 03-22, staff recommended that delegated authority be provided to the
Chief Administrative Officer (CAO) for two of the acts restricted by the Municipal Act (the “Act”)
during the Lame Duck period, being: 1) the disposition of any real or personal property of the
municipality which has a value exceeding $50,000 at the time of disposal; and, 2) making any
expenditures or incurring any other liability which exceeds $50,000 which are not included in
the most recent budget adopted by Council prior to nomination day.
Accordingly, Council enacted Bylaw No. 7934/22 on May 24, 2022 to give effect to staff’s
recommendation.
In accordance with Section 2 of By-law No. 7934/22, correspondence CAO 77-22 was issued
to members of Council on October 21, 2022 providing notification that delegated authority had
been exercised by the CAO for the tenders, proposals and contracts listed therein (see
Attachment #3).
In accordance with Section 3 of By-law No. 7934/22, Report CAO 01-23 is hereby presented
for Council’s information, setting out each use of delegated authority pursuant to this By-law.
There was no use of delegated authority other than as listed in correspondence CAO 77-22.
Financial Implications:
As per Section 2 of By-law No. 7934/22, the below three capital projects received approval
from the CAO to proceed with their tenders, awards and/or contracts:
Attachment 3 to Report CLK 03-26
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CAO 01-23 January 9, 2022
Subject: Use of Delegated Authority Page 2
Project Funding Source Budget Required Under/(Over)
Fairview Avenue
Reconstruction
SWM Reserve
Fund 310,000.00 406,928.00 (96,928.00)
CHDRC Pool Bleacher
Replacement
Ontario Trillium
Grant 52,000.00 115,396.00 (63,396.00)
CHDRC Pool Bleacher
Replacement
Rate Stabilization
Res 25,000.00 28,849.00 (3,849.00)
Brock Ridge Community
Park Parking Lot
Parkland Reserve
Fund 120,000.00 82,575.00 37,425.00
The over-expenditure for capital project “Fairview Avenue Reconstruction” in the amount of
$96,928.00 will be covered by the Stormwater Management Reserve Fund, which has
sufficient funds to cover the overage.
The over-expenditure for capital project “CHDRC Pool Bleacher Replacement” in the amount
of $67,245.00 will be primarily covered by the Ontario Trillium Grant in the amount of
$63,396.00. The residual over-expenditure of $3,849.00 will be funded by the Rate
Stabilization Reserve.
Discussion: At the Council meeting of May 24, 2022, Council approved Report CLK 03-22
regarding Restricted Acts after Nomination Day (Lame Duck Period), Delegation of Authority
under Section 275 of the Act and enacted Bylaw No. 7934/22 as per Resolution #903/22. With
the closing of nominations for the 2022 Municipal Election on August 19, 2022, it was
determined that Pickering City Council was Lame Duck, based on the nominations to the new
Council that were certified (see Attachment #1).
In accordance with the Act, the council of a local municipality shall not undertake any of the
restricted acts when it can be determined that the new incoming council will include less than
three-quarters of the members of the outgoing council. Three-quarters of a 7 member council
equals 6 members. As of the close of nominations on August 19th, only 4 of 7 of the outgoing
members could be returning to Pickering Council.
The Act therefore restricted the following acts between August 19, 2022 and the end of the
Council term on November 14, 2022:
a) the appointment or removal from office of any officer of the municipality;
b) the hiring or dismissal of any employee of the municipality;
c) the disposition of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal; and
d) making any expenditures or incurring any other liability which exceeds $50,000.
The Act provides that the restrictions described in c) and d) do above not apply if the
disposition, liability, or expenditure was included in the most recent budget adopted by Council
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CAO 01-23 January 9, 2022
Subject: Use of Delegated Authority Page 3
prior to Nomination Day. Any expenses exceeding $50,000 that were not included in the 2022
Budget could not be approved by Council for the remainder of the Term.
By-law No. 7934/22 provides the CAO with delegated authority for two of the acts restricted by
the Act during the Lame Duck period, being: 1) the disposition of any real or personal property
of the municipality which has a value exceeding $50,0000 at the time of disposal; and 2)
making any expenditures or incurring any other liability which exceeds $50,000 which are not
included in the most recent budget adopted by Council prior to Nomination Day.
By-law No. 7934/22 includes the following provisions (see Attachment #2):
Section 2, “The Chief Administrative Officer shall notify Council in writing, for their
information, on an ongoing basis, of any exercise of delegated authority pursuant to this
By-law”.
Section 3, “The Chief Administrative Officer shall provide an information report to the
new Council, in the first quarter of the year following the election, setting out each use of
delegated authority pursuant to this By-law”.
In accordance with Section 2 of By-law No. 7934/22, correspondence CAO 77-22 was issued
to Members of Council on October 21, 2022 providing notification that delegated authority had
been exercised by the CAO for the tenders, proposals and contracts listed therein as set out
below (see Attachment #3).
1. Fairview Avenue Reconstruction:
As CAO, I approved the tender award for Fairview Avenue Reconstruction in the amount of
$406,928 (net of HST rebate). The net project cost exceeds the Council approved budget
of $310,000 in the amount of $96,928. As per the attachment memorandum dated October
19, 2022 that awards Tender No. T2022-10, Finance confirmed there are sufficient funds
available in the Stormwater Management Reserve Fund to cover this over-expenditure.
2. CHDRC Pool Bleacher Replacement:
As CAO, I approved the award for the CHDRC Pool Bleacher Replacement in the amount
of $144,245 (net of HST rebate). The net project cost exceeds the Council approved
budget of $77,000 in the amount of $67,245. As per the attachment memorandum dated
October 20, 2022, this over-expenditure is largely being addressed by additional grant
funding in the amount of $63,396 from the Ontario Trillium Foundation. The balance of this
over-expenditure in the amount of $3,849 will be covered by the City’s Rate Stabilization
Reserve. Please note that this bid was procured through the Canoe Procurement Group
(cooperative buying group), of which the City of Pickering is a member.
3. Brock Ridge Community Park Parking Lot:
As CAO, I approved the award of consulting services to Sabourin Kimble & Associates Ltd.
(SKA) for Brock Ridge Community Park Parking Lot in the amount of $82,575 (net of HST
rebate). In accordance with Section 10.03 of the Purchasing Policy (PUR 10), the services
of a particular consultant may be selected without going through a competitive process;
where the funds are available in the approved budget and the project cost of a consulting
- 16 -
i
CAO 01-23 January 9, 2022
Subject: Use of Delegated Authority Page 4
service assignment is expected to be above $50,000 is subject to the additional approval of
Council. Since Council was unable to provide approval during current lame duck
restrictions, I exercised my delegated authority pursuant to By-law No. 7934/22 to approve
this award. For more information, please see the attachment memorandum dated
September 15, 2022 (which received my formal approval on October 21, 2022).
In accordance with Section 3 of By-law 7934/22, Report CAO 01-23 is hereby presented for
Council’s information setting out each use of delegated authority pursuant to this By-law. There
has been no use of delegated authority other than as set out in this Report.
Attachments:
1. Correspondence CAO 59-22, dated October 19, 2022
2. By-law No. 7934/22
3. Correspondence CAO 77-22, dated October 21, 2022
Prepared/Approved/Endorsed By:
Director, Corporate Services &
Paul Bigioni
City Solicitor
Susan Cassel
City Clerk
:mc
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
- 17 -
CAO 59-22
Attachment #1 to Report CAO 01-23
Memo
To: Mayor Ryan August 19, 2022 Members of Council
From: Susan Cassel City Clerk
Copy: Chief Administrative Officer Directors Deputy Clerk
Directors Admins
Subject: Notice of Lame Duck and Restricted Acts under the Municipal Act -Delegated Authority to the CAO through By-law #7934/22File: A-2000
Further to the approval of Report CLK 03-22, Restricted Acts after Nomination Day (Lame Duck Period), through Council Resolution #903/22, and with the closing of nominations for the 2022
Municipal Election being today at 2:00 pm, it has been determined that Pickering City Council is now Lame Duck. A copy of Report CLK 03-22 is included as Attachment #1 to this Memo.
The lame duck determination is made in two different scenarios during the election period:
1.After nomination day (August 19, 2022), but before voting day (October 24, 2022), thedetermination shall be based on the nominations to the new council that have been certified
and any acclamations made to the new council; and,
2.After voting day, the determination shall be based on the declaration of the results of theelection including declarations of election by acclamation.
In accordance with the Municipal Act (the “Act”), the council of a local municipality shall not
undertake any of the restricted acts when it can be determined that the new incoming council will
include less than three-quarters of the members of the outgoing council. Three-quarters of a 7 member council equals 6 members.
As of the close of nominations today at 2 pm, only 4 of 7 of the current outgoing members could be returning to Pickering Council. Therefore, the following restricted acts are now in effect for the remainder of the Council Term which ends on November 14, 2022:
a)the appointment or removal from office of any officer of the municipality;
b)the hiring or dismissal of any employee of the municipality;
- 18 -
August 19, 2022 Page 2 of 2 Notice of Lame Duck and Restricted Act under the Municipal Act
c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and,
d) making any expenditures or incurring any other liability which exceeds $50,000.
The Act provides that the restricted acts described in bullets c) and d) do not apply if the disposition, liability, or expenditure was included in the most recent budget adopted by Council prior to Nomination Day. Any expenses exceeding $50,000 that were not included in the 2022 Budget cannot be approved by Council for the remainder of the Term.
As part of the approval of Report CLK 03-22, staff recommended that delegated authority be
provided to the Chief Administrative Officer (CAO) for two of the restricted acts during the Lame Duck period. Accordingly, Council enacted Bylaw #7934/22 on May 24, 2022 which provides authorization to the CAO for the disposition of real or personal property of the municipality which a value exceeding $50,000 provided the disposition does not exceed $500,000 per occurrence. The
By-law provides further authority to the CAO to make expenditures outside those already included
in the 2022 Budget and such expenditure cannot exceed $500,000 per occurrence. With the determination that Pickering Council is now Lame Duck, By-law #7934/22 is now in effect. A copy of the By-law is included as Attachment #2 to this Memo.
In addition to the delegated authority to the CAO, By-law #7934/22 contains provisions that
require the CAO to notify the current Council, on an ongoing basis, in writing, of any exercise of
the delegated authority. The By-law further requires the CAO to report to the new Council within the first quarter of the first year of the new term, on all uses of the delegated authority.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
Susan Cassel
Attachment Attachment #1 – Report CLK 03-22
Attachment #2 – By-law 7934/22
- 19 -
Report to
Executive Committee
Report Number: CLK 03-22
Date: May 2, 2022
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Restricted Acts after Nomination Day (Lame Duck Period)
-Delegation of Authority under Section 275 of the Municipal Act
-File: A-1440
Recommendation:
1.That Report CLK 03-22, regarding Restricted Acts after Nomination Day (Lame Duck
Period), Delegation of Authority under Section 275 of the Municipal Act, be received;
2.That the draft By-law, included as Attachment #1 to Report CLK 03-22, be approved and
brought forward for enactment at the May 24, 2022 Meeting of Council; and,
3.That the appropriate City of Pickering officials be authorized to take the necessary
actions as indicated in this Report.
Executive Summary: Section 275 of the Municipal Act, 2001, S.O. 2001, c. 25, (the
“Act”), provides for restrictions on the actions that municipal councils can take, in the period
leading up to an election, when it can be ascertained that the new incoming council will include
less than three-quarters of the members of the outgoing council. This is commonly referred to
as the “Lame Duck Period”.
The lame duck determination is made in two different scenarios during the election period:
1.After nomination day (August 19, 2022), but before voting day (October 24, 2022), the
determination shall be based on the nominations to the new council that have been
certified and any acclamations made to the new council; and,
2.After voting day, the determination shall be based on the declaration of the results of the
election including declarations of election by acclamation.
If it is determined that Council is in a Lame Duck Period, for the remainder of the term of
Council, Pickering City Council will be restricted from certain acts as set out in Section 275 of
the Act. To that end, staff are seeking approval of a By-law to give delegated authority to the
Chief Administrative Officer (CAO) for some of these restricted acts.
Financial Implications: There are no financial implications associated with this Report,
however, the exercise of the delegated authority described in the attached By-law will have
financial implications as described in the Discussion section of this Report.
-aft;of-
Pl(KERJNG
Attachment #1
- 20 -
CLK 03-22 May 2, 2022
Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 2
Discussion: City of Pickering Council is comprised of seven Members, and the
new incoming Council for the 2022-2026 Term will also consist of seven Members. As noted
above, Section 275 of the Act states that the authority of the current Council will be subject to
certain restrictions if the new incoming council will include less than three-quarters of the
Members of the outgoing Council. Three-quarters of the City’s seven Member Council equals
six.
On Nomination Day (August 19, 2022), if it can be determined with certainty, based on the
certified nominations and any acclamations to the new Council, that less than six of the
outgoing Members will be returning, the restricted acts under Section 275 of the Act will apply.
This could also be the case after Election Day (October 24, 2022) when, based on the
election results, it is certain that less than six of the outgoing Members will be returning.
(Note: This situation will have fewer implications, as there are no Council meetings scheduled
after Voting Day until the inaugural meeting of the new Council, which is scheduled for
November 21, 2022).
Restricted Acts under Section 275 of the Municipal Act
The following are the four restricted acts during a Lame Duck Period:
a)the appointment or removal from office of any officer of the municipality;
b)the hiring or dismissal of any employee of the municipality;
c)the disposition of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal; and,
d)making any expenditures or incurring any other liability which exceeds $50,000.
Section 275(4) of the Act provide that clauses c) and d) do not apply if the disposition or
liability was included in the most recent budget adopted by Council before Nomination Day in
the Election.
Section 275(4.1) states that nothing prevents a municipality taking any action in the event of an
emergency (emergency meaning that as defined under the Emergency Management and Civil
Protection Act, R.S.O. 1990, c. E.9).
Section 275(6) states that nothing prevents any person or body exercising any authority of a
municipality that is delegated to the person or body prior to Nomination Day for the election of
the new council.
Delegated Authority for Restricted Acts during a Lame Duck Period
This report is presented to Council to seek approval of delegated authority for the CAO for the
disposition of real or personal property, and for certain expenditures outside those already
approved in the 2022 Current and Capital Budgets should a Lame Duck Period be in effect.
Delegation of authority during a Lame Duck Period is a common practice among municipalities
in Ontario, and is put in place to ensure business continuity, efficient management, and the
ability to respond to urgent situations, where additional expenditures not approved in the most
recent budget, may be required. As outlined in the attached draft By-law (Attachment #1), the
- 21 -
CLK 03-22 May 2, 2022
Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 3
proposed delegation of authority is subject to certain limitations in that expenditures for the
disposition of land and any other expenditures or liabilities not included in the 2022 Budget are
subject to a limit of $500,000 per expenditure. It should also be noted that the proposed
delegation of authority only comes into effect once a Lame Duck Period has been ascertained
by the City Clerk and Council has been notified of same. The delegation of authority would end
when the Council-elect is deemed to be organized at the November 21, 2022 Inaugural
Meeting. Where no Lame Duck Period exists, the By-law would have no effect.
At the time of writing this report, the Town of Whitby and the Region of Durham already have
lame duck delegation by-laws or policies in place, and Clarington, Oshawa, and Ajax are all
considering the delegation of authority to their CAO’s should a Lame Duck Period come into
effect in those municipalities for the 2022 Municipal Election. Several other municipalities in
the Greater Toronto Area and beyond had already enacted delegation By-laws prior to the
2018 municipal election, and these were all reviewed as part of the research undertaken for
this Report.
Of the restricted acts outlined in Section 275 of the Act, only those acts in clauses c) and d)
require the delegation of authority to the CAO. The following provides an overview of each of
the restricted acts and the provisions that will be needed should a Lame Duck Period be in
effect:
a)the appointment or removal from office of any officer of the municipality:
The appointment or removal from office of any officer of the municipality applies only to
statutory positions (Clerk, Fire Chief, Chief Building Official and Treasurer). Section 23.3(1)
of the Act, prohibits the delegation of the power to appoint or remove from office an officer
of the municipality and therefore, this is not a restricted act that can be delegated. Should a
statutory position be vacated during a Lame Duck Period, Council would be prohibited from
appointing an individual to such position. That said, the statutory positions of Clerk, Fire
Chief, Chief Building Official, and the Treasurer, have Deputies already appointed to act in
their place should a vacancy occur.
b)the hiring or dismissal of any employee of the municipality:
Under By-law 7780/20, a By-law outlining the duties and responsibilities of the CAO, the
CAO has the authority to hire and discharge all employees, except for the above-noted
statutory positions. As a consequence, no delegation of authority is required for this
restricted act.
c)the disposition of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal:
Most dispositions of real or personal property require Council approval. Real estate
transactions sometimes arise throughout the year, and cannot all be anticipated when the
annual budget is approved. It is therefore recommended the CAO be delegated authority to
approve such dispositions, on an as needed basis, with a limit of $500,000 per occurrence.
Dispositions of real or personal property exceeding $500,000 will not be possible during the
Lame Duck Period.
- 22 -
CLK 03-22 May 2, 2022
Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 4
d)making any expenditures or incurring any other liability which exceeds $50,000:
Any expenditures that have not been approved in the 2022 Budget, and need to be
incurred during the Lame Duck Period, could not be approved by Council if the expenditure
or liability exceeds $50,000. It is therefore recommended that the CAO be delegated the
authority to approve such transactions, on an as needed basis, with a limit of $500,000 per
occurrence. Some examples of unexpected expenditures could include, but are not limited
to:
i.approval of additional/overage costs associated with a construction project award
already approved by Council;
ii.the approval of a transfer of funds from reserves for project overages in accordance
with the Financial Control Policy, in conjunction with the Treasurer; or,
iii.unexpected expenditures of an urgent nature, such as due to a major storm event,
that have not been included in the 2022 Budget.
Staff recommend a limit of the delegated authority to $500,000 per expenditure/liability based
on the delegation by-laws of several other municipalities. It should be noted, however, that
some municipalities have chosen to give their CAOs unlimited delegated authority for Lame
Duck Periods.
The attached draft By-law contains a provision requiring the CAO to notify the current Council,
on an ongoing basis, in writing, of any exercise of the delegated authority. The By-law also
requires the CAO to report to the new Council within the first quarter of the first year of the new
term, on all uses of the delegated authority.
Staff recommend that Council enact the attached By-law to facilitate ongoing operation and
administration of the City during a possible Lame Duck Period.
Attachments:
1.Draft By-law to authorize the delegation of authority to the CAO for certain acts during a
Lame Duck Period for the 2022 Municipal Election.
Prepared By: Approved/Endorsed By:
Susan Cassel Paul Bigioni
City Clerk Director, Corporate Services & City
Solicitor
Original Signed By:Original Signed By:
- 23 -
CLK 03-22 May 2, 2022
Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 5
Approved/Endorsed By:
Original Signed By:
Stan Karwowski
Director, Finance & Treasurer
SC:sc
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
- 24 -
The Corporation of the City of Pickering
By-law No. XXXX/22
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame
Duck Period” for the 2022 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”),
restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing
council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends
on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or
body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its
powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City
of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates
certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has been
determined that a Lame Duck Period is in effect, for approval of the following matters:
a.the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b.in addition to the authority described in Section 1. a. above, making any
expenditures or incurring any other liability that exceeds $50,000, except in those
cases where the liability was included in the most recent budget adopted by
Council before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure which shall be determined by the Treasurer and CAO in
accordance with the Financial Control Policy;
2.The Chief Administrative Officer shall notify Council in writing, for their information, on
an ongoing basis, of any exercise of delegated authority pursuant to this By-law;
Attachment #1 to Report CLK 03-22
- 25 -
By-law No. XXXX/22 Page 2
3. The Chief Administrative Officer shall provide an information report to the new Council,
in the first quarter of the year following the election, setting out each use of delegated
authority pursuant to this By-law; and,
4. The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 24th day of May, 2022.
________________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk
- 26 -
The Corporation of the City of Pickering
By-law No. 7934/22
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame
Duck Period” for the 2022 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”),
restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing
council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends
on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or
body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its
powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City
of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates
certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has been
determined that a Lame Duck Period is in effect, for approval of the following matters:
a.the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b.in addition to the authority described in Section 1. a. above, making any
expenditures or incurring any other liability that exceeds $50,000, except in those
cases where the liability was included in the most recent budget adopted by
Council before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure which shall be determined by the Treasurer and CAO in
accordance with the Financial Control Policy;
2.The Chief Administrative Officer shall notify Council in writing, for their information, on
an ongoing basis, of any exercise of delegated authority pursuant to this By-law;
Attachment #2
- 27 -
By-law No. 7934/22 Page 2
3.The Chief Administrative Officer shall provide an information report to the new Council,
in the first quarter of the year following the election, setting out each use of delegated
authority pursuant to this By-law; and,
4.The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 24th day of May, 2022.
___
___
Susan Cassel, City Clerk
Original Signed By_____________________________
David Ryan, Mayor
Original Signed By_____________________________
- 28 -
The Corporation of the City of Pickering
By-law No. 7934/22
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame
Duck Period” for the 2022 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”),
restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing
council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends
on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or
body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its
powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City
of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates
certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has been
determined that a Lame Duck Period is in effect, for approval of the following matters:
a.the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b.in addition to the authority described in Section 1. a. above, making any
expenditures or incurring any other liability that exceeds $50,000, except in those
cases where the liability was included in the most recent budget adopted by
Council before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure which shall be determined by the Treasurer and CAO in
accordance with the Financial Control Policy;
2.The Chief Administrative Officer shall notify Council in writing, for their information, on
an ongoing basis, of any exercise of delegated authority pursuant to this By-law;
Attachment #2 to Report CAO 01-23
- 29 -
By-law No. 7934/22 Page 2
3.The Chief Administrative Officer shall provide an information report to the new Council,
in the first quarter of the year following the election, setting out each use of delegated
authority pursuant to this By-law; and,
4.The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 24th day of May, 2022.
________________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk
Original Signed By
Original Signed By
- 30 -
-~of
P](KER]NG
Attachment #3 to Report CAO 01-23
CAO 77-22
Memo
To: Mayor Ryan and Members of Council October 21, 2022
From: Marisa Carpino Chief Administrative Officer
Copy: Director, Finance & Treasurer Director, Corporate Services & City Solicitor Director, Engineering Services
Director, Operations City Clerk
Subject: Delegated Authority During “Lame Duck Period” for the 2022 Municipal Election -By-law No. 7934/22
File: A-1400-001
At the Council meeting of May 24, 2022, Council approved Report CLK 03-22 (Resolution #903/22) regarding Restricted Acts after Nomination Day (Lame Duck Period), Delegation of Authority under Section 275 of the Municipal Act that enacted By-law No. 7934/22 (see attached).
By-law No. 7934/22 sets out the following:
• Section 1 (b), “making any expenditures or incurring any other liability that exceeds $50,000, except in those cases where the liability was included in the most recent budget adopted by Council before Nomination Day, provided that such expenditure or liability shall not exceed $500,000 per occurrence and the appropriate funds are available for the
expenditure which shall be determined by the Treasurer and CAO in accordance with the
Financial Control Policy”.
• Section 2, “The Chief Administrative Officer shall notify Council in writing, for their
information, on an ongoing basis, of any exercise of delegated authority pursuant to this
By-law”.
Therefore, this memorandum will serve as written notice that, as CAO, I have exercised mydelegated authority pursuant to By-law No. 7934/22 for the following three projects:
1. Fairview Avenue Reconstruction: I have approved the tender award for Fairview Avenue Reconstruction in the amount of $406,928 (net of HST rebate). The net project cost exceeds the Council approved budget of $310,000 in
the amount of $96,928. As per the attachment memorandum dated October 19, 2022 that awards
Tender No. T2022-10, Finance has confirmed there are sufficient funds available in the Stormwater Management Reserve Fund to cover this over-expenditure.
- 31 -
2. CHDRC Pool Bleacher Replacement: I have approved the award for the CHDRC Pool Bleacher Replacement in the amount of $144,245
(net of HST rebate). The net project cost exceeds the Council approved budget of $77,000 in the
amount of $67,245. As per the attachment memorandum dated October 20, 2022, this over-expenditure is largely being addressed by additional grant funding in the amount of $63,396 from the Ontario Trillium Foundation. The balance of this over-expenditure in the amount of $3,849 will be covered by the City’s Rate Stabilization Reserve. Please note that this bid was procured
through the Canoe Procurement Group (cooperative buying group), of which the City of Pickering
is a member.
3. Brock Ridge Community Park Parking Lot:
I have approved the award of consulting services to Sabourin Kimble & Associates Ltd. (SKA) for
Brock Ridge Community Park Parking Lot in the amount of $82,575 (net of HST rebate). In accordance with Section 10.03 of the Purchasing Policy (PUR 10), the services of a particular consultant may be selected without going through a competitive process; where the funds are available in the approved budget and the project cost of a consulting service assignment is
expected to be above $50,000 is subject to the additional approval of Council. Since Council
is unable to provide approval during current lame duck restrictions, I have exercised my delegated authority pursuant to By-law No. 7934/22 to approve this award. For more information, please see the attachment memorandum dated September 15, 2022 (which received my formal approval on October 21, 2022).
:mc
Attachment By-law No. 7934/22 Tender No. T2022-10 memo dated October 19, 2022
CHDRC Pool Bleacher Replacement memo dated October 20, 2022
Brock Ridge Community Park Parking Lot dated September 15, 2022
October 21, 2022 Page 2 of 2 Delegated authority during “Lame Duck Period” for the 2022 Municipal Election
- 32 -
The Corporation of the City of Pickering
By-law No. 7934/22
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame
Duck Period” for the 2022 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”),
restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing
council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends
on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or
body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its
powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City
of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates
certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has been
determined that a Lame Duck Period is in effect, for approval of the following matters:
a. the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b. in addition to the authority described in Section 1. a. above, making any
expenditures or incurring any other liability that exceeds $50,000, except in those
cases where the liability was included in the most recent budget adopted by
Council before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure which shall be determined by the Treasurer and CAO in
accordance with the Financial Control Policy;
2. The Chief Administrative Officer shall notify Council in writing, for their information, on
an ongoing basis, of any exercise of delegated authority pursuant to this By-law;
- 33 -
________________________________
________________________________
By-law No. 7934/22 Page 2
3. The Chief Administrative Officer shall provide an information report to the new Council,
in the first quarter of the year following the election, setting out each use of delegated
authority pursuant to this By-law; and,
4. The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 24th day of May, 2022.
Original Signed By
David Ryan, Mayor
Original Signed By
Susan Cassel, City Clerk
- 34 -
P](KER]NG Memo
To: Marisa Carpino October 19, 2022 Chief Administrative Officer
From: Richard Holborn
Director, Engineering Services
Copy: Director, Finance & Treasurer Manager, Capital Projects & Infrastructure Manager, Procurement
Subject: Tender No. T2022-10
-Tender for Fairview Avenue Reconstruction File: A-1440
Overview: As part of the 2022 Capital Budget -Stormwater Management, funds were approved
for the Fairview Avenue Reconstruction project (Browning Avenue to the south terminus).
Tender No. T2022-10 was issued on Thursday, August 11, 2022 and closed on Friday, September 2, 2022 with Seven (7) bids submitted. The compliant low bid submitted by IPAC Paving Limited in the amount of $378,943.35 (HST included) is being recommended for approval.
In accordance with Purchasing Policy Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is:
(c) Over $250,000, the Manager may approve the award, subject to the approval of the
Director, Treasurer, CAO and Council.
The total net project cost is $406,928.00 (net of HST rebate) and the approved budget is $310,000.00 (net of HST rebate). Additional funds in the amount of $96,928.00 (net of HST rebate) are required in order to approve Tender No. T2022-10 and the project. Due to the total net project cost being more than $50,000 over the approved budget, and due to the current lame duck
Council situation, Council does not have the authority to approve the tender. Approval at the CAO
level (delegated authority during lame duck Council) is required.
Recommendation:
1. That Tender No. T2022-10 for Fairview Avenue Reconstruction submitted by IPAC Paving
Limited in the amount of $378,943.35 (HST included) be accepted;
2. That the total gross project cost of $451,876.00 (HST included), including the tender amount, a contingency and other associated costs, and the total net project cost of $406,928.00 (net of HST rebate) be approved;
- 35 -
3. That the Director, Finance & Treasurer be authorized to fund the net project cost as approved in the 2022 Capital Budget for T2022-10 in the amount of $406,928.00 (net of HST rebate) as follows:
a) The sum of $310,000.00 to be funded by a transfer from the Stormwater Management
Reserve Fund as approved in the 2022 Capital Budget (Fairview Avenue – Reconstruction);
b) The additional sum of $96,928.00 to be funded by a transfer from the Stormwater Management Reserve Fund; and,
4. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this memo.
Financial Implications
1. Tender Amount
Tender No. T2022-10
HST (13%)
Total Gross Tender Amount
$335,348.10
43,595.25
$378,943.35
2. Estimated Project Cost Summary
Tender No. T2022-10 – Tender for Fairview Avenue Reconstruction $335,348.00
Associated Costs
Geotechnical Investigation Report 8,400.00
Materials Testing 3,100.00
Hydrovac Utility Location Services 7,800.00
Utility Relocation 5,000.00
Construction Contingency (12%) 40,242.00
Sub Total -Costs $399,890.00
HST (13%) 51,986.00
Total Gross Project Cost $451,876.00
HST Rebate (11.24%) (44,948.00) Total Net Project Cost $406,928.00
3. Approved Expense Accounts
Expenditure Account
C10525.1901.01-504100
Source of Funds
Stormwater
Management Reserve
Budget
$310,000.00
Required
$406,928.00
Net project cost (over) under approved funds
October 19, 2022
Tender No. T2022-10 Tender for Fairview Avenue Reconstruction
($96,928.00)
Page 2 of 4
- 36 -
Finance has confirmed there are sufficient funds available in the Stormwater Management Reserve Fund.
Discussion: As part of the 2016 Road Needs Study endorsed by Council through ENG 25-17 (Resolution #374/17), Fairview Avenue has been identified as a priority for road reconstruction and storm sewer installation. The 2016 Road Needs Study is used by staff as a resource
document for identifying and planning maintenance, rehabilitation and reconstruction strategies,
programs and projects for all Pickering roads. This project aligns with the priorities of the 2016 Road Needs Study.
Fairview Avenue has reached the end of its lifecycle. The road surface is rated as very poor, and the road base has failed. Over the years, new housing developments and infill development on
individual lots has altered the overland drainage pattern. Stormwater is now directed to the road
with no receiving storm sewer infrastructure. The project includes road reconstruction, the installation of a storm sewer system, and complete boulevard restoration.
Tender No. T2022-10 was issued on Thursday, August 11, 2022 and closed on Friday, September 2, 2022 with seven bidders responding. The compliant low bid submitted by IPAC Paving Limited
in the amount of $378,943.35 (HST included) is recommended for approval. The total gross
project cost is estimated at $451,876.00 (HST included), with an estimated total net project cost of $406,928.00 (net of HST rebate).
References for IPAC Paving Limited and their Waste Management Plan have been reviewed and are deemed acceptable by the Manager, Capital Projects & Infrastructure. The City’s Health &
Safety Policy form, and a current Clearance Certificate issued by the Workplace Safety &
Insurance Board has been submitted to the City by IPAC Paving Limited. The Certificate of Insurance has been reviewed by the Division Head, Finance and is deemed acceptable. In conjunction with the contractor’s previous work experience in Pickering, the tender is deemed acceptable.
Upon careful examination of all tenders and relevant documents received, the Engineering
Services Department recommends acceptance of the compliant low bid submitted by IPAC Paving Limited for Tender No. T2022-10 in the amount of $378,943.35 (HST included), and that the total net project cost of $406,928.00 (net of HST rebate) be approved.
Due to the ongoing concerns and new business practices related to the COVID-19 pandemic,
Engineering Services and Corporate Services staff will work with IPAC Paving Limited, to ensure
that proper procedures and protocols are in place to provide a safe work environment for Pickering residents, the contractor, sub-contractors, and City staff.
October 19, 2022 Page 3 of 4
Tender No. T2022-10 Tender for Fairview Avenue Reconstruction
- 37 -
Prepared By: Approved/Endorsed By:
Scott Booker Richard Holborn, P. Eng. Manager, Capital Projects & Infrastructure Director, Engineering Services
Stan Karwowski, MBA, CPA, CMA
Director, Finance & Treasurer
Cathy Bazinet, CPPB, NIGP-CPP Manager, Procurement
Approval
Marisa Carpino, M.A.
Chief Administrative Officer
SB:mjh
Attachment Supply & Services Memorandum dated September 6, 2022 Bid Closing Submission Summary
Location Map
October 19, 2022 Page 4 of 4
Tender No. T2022-10
Tender for Fairview Avenue Reconstruction
- 38 -
-~o/
P](KER]NG Memo
To: Richard Holborn Director, Engineering Services September 6, 2022
From: Cathy Bazinet
Manager, Procurement
Copy: Administrative Assistant, Engineering Services
Scott Booker, Manager, Capital Projects & Infrastructure, Engineering Services
David Lo, Coordinator, Infrastructure Design
Subject: Tender No. T2022-10
Tender For Fairview Avenue Reconstruction Closed: Friday, September 2, 2022 – 2:00pm File: F-5400-001
Tender No. T2022-10 was advertised on the City’s bids&tenders portal on August 11, 2022. Seven (7) companies have submitted a bid for this project.
A copy of the Bid Closing Submission Summary is attached. Tenders shall be irrevocable for 90 days after the official closing date and time.
IPAC Paving Limited is the compliant low bid at a value of $335,348.10 (excl. of HST).
Pursuant to Appendix B – RFT Particulars, item E. Pre-Condition of Award (page 18 of 22), the following documentation will be requested of IPAC Paving Limited for your review. Please advise if Supply & Services is to proceed with collecting the following documentation:
(a) Performance Bond and Labour and Materials Bond
(b) The City’s certificate of insurance or approved alternative form completed by the Bidder’s agent, broker or insurer; (c) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (d) A copy of the City’s Health and Safety Policy form currently dated and signed;
(e) Waste Management Plan.
A budget of $309,999.00 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions.
In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST.
- 39 -
As such, in accordance with Purchasing Policy Item 06.11, where the compliant quotation or
tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is:
c)Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council
Please include the following items in your report:
1. If item (a) is acceptable to Engineering Services 2. if Item (b) is acceptable to the Division Head, Finance 3. if Items (c) and (d) noted above are acceptable to the Co-ordinator, Health & Safety or
designate, if required; 4. if Item (e) is acceptable to Engineering Services; 5. if the list of subcontractors is acceptable to Engineering Services; 6. any past work experience with low bidder IPAC Paving Limited including work location; 7. without past work experience, if reference information is acceptable to Engineering
Services; 8. the appropriate account number(s) to which this work is to be charged; 9. the budget amount(s) assigned thereto; 10. Treasurer’s confirmation of funding; 11. related departmental approvals; and
12. related comments specific to the project.
After receiving Council approval, an approved requisition will be required to proceed.
Enquiries can be directed to the City’s bids&tenders portal for the unofficial bid results.
Bidders will be advised of the outcome in due course.
If you require further information, please feel free to contact me.
CB
Page 2 - 40 -
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- 41 -
P](KER]NG Memo
To: Marisa Carpino Chief Administrative Officer October 20, 2022
From: Sarah Douglas-Murray Director, Community Services
Copy: Director, Finance & Treasurer Director, Operations Division Head, Operations Services
Manager, Facilities Maintenance Manager, Aquatics & Fitness
Subject: CHDRC Pool Bleacher Replacement -Trillium Grant Funding Reallocation File: O-8320
The existing bleachers located on the pool deck at the Chestnut Hill Developments Recreation
Complex (CHDRC) are at end of life and in need of replacement. Funding to complete this work was included in the Council-approved 2022 Capital budget and contingent on grant support. The City secured grant funding from the Ontario Trillium Foundation, but product costs have increased since the budget was originally set. Additional funding will be required in order to award this work. Staff contacted the Ontario Trillium Foundation and confirmed that the savings on other projects
funded by the same grant can be used to offset the cost of the bleacher replacement.
Bids for replacement of the bleachers were obtained through the Canoe Procurement Group, for which the City is a member. Only one vendor provided a quote. Subject to receipt and approval of all required documents, the low bid submitted by Creative Sports Solutions in the amount of $129,750.00 (excluding HST) is recommended for approval. The total gross project cost is
estimated to be $160,178.00 and the total net project cost is estimated at $144,245.00 (net of HST rebate).
Financial Implications:
1. Tender Amount
Tender Amount $129,750.00
HST (13%) 16,867.50
Total Gross Tender Cost $146,617.50
- 42 -
2. Estimated Project Costing Summary
Tender Amount $129,750.00
Construction Contingency (~10%) 12,000.00
Total Project Cost $141,750.00
HST (13%) 18,428.00 Total Gross Project Costs $160,178.00 HST Rebate (11.24%) (15,933.00)
Total Net Project Cost $144,245.00
3. Approved Source of Funds -Community Centres Capital Budget
Approved Code Source of Funds Funds Available Funds Required
504100-C10230.2201 Ontario Trillium Grant $52,000.00 $52,000.00
504100-C10230.2201 Rate Stabilization 25,000.00 25,000.00
504100-C10230.2201 Ontario Trillium Grant 0.00 63,396.00
504100-C10230.2201 Rate Stabilization 0.00 3,849.00
Total $77,000.00 $144,245.00
Project Cost under (over) approved funds by ($67,245.00)
As reflected above, the project is over budget by 87.33 percent or $67,245.00. This over expenditure is being addressed by additional funding from the Ontario Trillium Grant and staff have included an email (attachment #2) that supports this decision. The CAO has the authority under By-Law 7934/22 to approve the over expenditure.
Discussion: The Council-approved 2022 Capital budget included a $77,000.00 (net HST rebate) allocation for the replacement of the existing pool bleachers on the pool deck at the CHDRC. A sum of $52,000.00 (net HST rebate) of the overall budget was subject to securing
funding from the Ontario Trillium Foundation, as part of a broader application including other
projects at the same facility. Grant funding has since been secured and must be spent by March 2023.
A single bid was obtained through the Canoe Procurement Group, of which the City is a member. The bid submitted by Creative Sports Solutions exceeds the approved budget. A total of four
projects are funded by the same Ontario Trillium Foundation grant which supports the bleacher
replacement project. The City has confirmed that savings on the other projects can be used to offset overages on this project. Anticipated lead-time for the delivery of materials is twelve to fifteen weeks, making it essential that the work be awarded promptly.
October 20, 2022 Page 2 of 3 CHDRC Pool Bleacher Replacement
- 43 -
Subject to receipt and approval of all required documents, the low bid submitted by Creative Sports Solutions in the amount of $129,750.00 (HST included) is recommended for approval. The
total gross project cost is estimated to be $160,178.00 and the total net project cost is estimated
at $144,245.00 (net of HST rebate).
Attachments:
1. Letter from the City of Pickering Requesting Reallocation, dated September 21, 2022 2. Email form the Ontario Trillium Foundation Approving Reallocation, dated September 26, 2022
Prepared By: Approved/Endorsed By:
Sarah Douglas-Murray Director, Community Services
Approval
Marisa Carpino, M.A.
Stan Karwowski Director, Finance & Treasurer
Chief Administrative Officer
SD:vp
October 20, 2022 Page 3 of 3 CHDRC Pool Bleacher Replacement
- 44 -
P1CKER1NG
Attachment 1
Community Services Department
VIA EMAIL
September 21, 2022
Benny Min
Project Manager
Ontario Trillium Foundation
30 Wellington Street West
5th Floor
Toronto, Ontario, M5L 1E2
Subject: Trillium Grant Funding
-Re-allocation of Funds
File: O-8200
Please accept this letter as written request to re-allocate funding, originally allocated within the
Community Building Fund Capital Grant CC117616.
Submitted within the initial grant application were a total of four projects. Of these four projects, the
O’Brien Arena Skate Tile Replacement project has been completed. This project had an approved
budget of $205,000.00 of which $146,000.00 was grant funded. This project was completed at a cost
of $114,024.00 ($128,847.12 inclusive of HST) and is under budget by $76,152.88. The Pool
Bleachers Replacement project has an approved budget of $77,000.00 of which $52,000.00 is grant
funded. Current pricing to complete this project has come in at $129,750.00 ($145,617.50 inclusive of
HST) and is over budget by $68,617.50.
At this time I request that $68,617.50 be re-allocated from the Construction / Renovation OTF Budget
Category to the Fixed Equipment OTF Budget category. This would offset the overage within the Pool
Bleachers Replacement project.
Please let me know if you require further information to support this request.
Yours truly
Kevin Hayes
Manager, Facilities Maintenance
KH:kh
Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 | T. 905.420.4620
F. 905.420.2596 | Toll Free 1.866.683.2760 | communityservices@pickering.ca | pickering.ca - 45 -
Attachment 2
Slack, Alyssa
From: Marquez, Nicole
Sent: Wednesday, October 19, 2022 9:55 AM
To: Marquez, Nicole
Subject: FW: Re-Allocation Of Trillium Grant Funding
From: Benny Min <BMin@otf.ca>
Sent: Monday, September 26, 2022 2:29 PM
To: Hayes , Kevin <khayes@pickering.ca>
Cc: Douglas‐Murray, Sarah <sdouglas‐murray@pickering.ca>; Gibbs, Laura <lgibbs@pickering.ca>; 23‐11e423‐6e144‐
otfmonarch‐99c6c2ca@smartsimple.com
Subject: RE: Re‐Allocation Of Trillium Grant Funding
Hi Kevin,
My apologies for the delay in getting back to you.
I am pleased to share that your reallocation request has been approved. Please make sure you make note of this change
when it comes time to completing your Final Report, and to only include the OTF‐portion of the costs when you’re filling
out the budget. Also please remember to exclude your refundable amount of HST when reporting on your expenses.
And as always, please don’t hesitate to reach out to me if you have any questions.
Regards,
Benny
Benny Min
Program Manager | Chef de programme
Pronouns: he/him | Pronoms: il/lui
Ontario Trillium Foundation | Fondation Trillium de l’Ontario
1 800 263-2887 ext. 803
OTF Support Centre | Centre de soutien de la FTO : 1 800 263-2887 | otf@otf.ca
TTY | ATS : 416 963-7905
www.otf.ca | Twitter | Facebook | Instagram
We recognize that our work, and the work of our grantees, takes place on Indigenous territories across Ontario.
Nous reconnaissons que notre travail, ainsi que celui de nos bénéficiaires, a lieu sur les territoires autochtones dans tout l’Ontario.
Please note: The Ontario Trillium Foundation is changing its business address as of July 4, 2022 to : The Ontario Trillium Foundation
(c/o Workhaus), 30 Wellington Street West, 5th floor, Toronto ON M5L 1E2. All other contact information remains the same.
Veuillez noter que la Fondation Trillium de l'Ontario change son adresse commerciale à compter du 4 juillet 2022 : Fondation Trillium
de l'Ontario (a/s de Workhaus), 30 rue Wellington ouest, 5e étage, Toronto ON M5L 1E2. Toutes les autres coordonnées restent les
mêmes.
1
- 46 -
P](KER]NG Memo
To: Cathy Bazinet September 15, 2022 Manager, Procurement
From: Joe Earle Coordinator, Parks Capital Assets
Copy: Director, Operations Division Head, Operations Services Manager, Parks & Property
Subject: Brock Ridge Community Park Parking Lot -Consulting Services -APT #2210334 File: O-8320
That Sabourin Kimble & Associates Ltd. (SKA) be retained to provide consulting and design
services for Brock Ridge Community Park Parking Lot in the amount of $82,575 (excluding HST) as provided for in the Purchasing Policy.
Background: Brock Ridge Community Park is a busy park hosting multiple baseball diamonds and soccer fields in the heart of Pickering. The parking lot improvements are needed due to the high use and poor condition of the asset. Brock Ridge Community Park contains a dry stormwater
pond which collects overflow water through a swale which runs through the center of the parking lot and dissipates into local creek as designed. Occasional flooding of this parking lot area due to flash flooding has caused safety issues for the public and staff in the past.
Rationale for Award: SKA are well known in the regions as parks and landscape consultants for design, preparation of working drawings, assisting with the tender process, and construction
administration for similar types of projects. City staff have had an excellent experience with them in the past and trust that the work will be completed within the expected timelines and within approved budgets.
As per Section 10.03 of the Purchasing Policy, the Manager may obtain the services of a particular consultant selected by the initiating Director without going through a competitive
process.
- 47 -
Joe Earle Cathy Bazinet
Cf)(JJI
In accordance with the Purchasing Policy, where the funds are available in the approved budget and the project or annual cost of a consulting or professional service assignment is expected to
be:
c) Above $50,000 is subject to the additional approval of Council. The initiating Director shall submit the Report to Council to obtain approval.
The proposed expenditure of $82,575 (excluding HST) falls within these limits.
As part of the approval of Report CLK 03-22, staff recommended that delegated authority be
provided to the Chief Administrative Officer (CAO) for two of the restricted acts during the Lame Duck period. Accordingly, Council enacted Bylaw #7934/22 on May 24, 2022 which provides authorization to the CAO for the disposition of real or personal property of the municipality which a value exceeding $50,000 provided the disposition does not exceed $500,000 per occurrence. The
By-law provides further authority to the CAO to make expenditures outside those already included
in the 2022 Budget and such expenditure cannot exceed $500,000 per occurrence. With the determination that Pickering Council is now Lame Duck, By-law #7934/22 is now in effect.
Coordinator, Parks Capital Assets Manager, Procurement
Prepared/Endorsed By: Approved By:
Vince Plouffe, OAA, RAIC Stan Karwowski Division Head, Operations Services Director, Finance & Treasurer
Brian Duffield Director, Operations
VP/je
Attachment SKA Proposal, dated July 29, 20222
September 1, 2022 Page 2 of 2 Brock Ridge Community Park Parking Lot -Consulting Services
- 48 -
Report to
Executive Committee
Report Number: ENG 03-26
Date: April 7, 2026
From: Richard Holborn
Director, Engineering Services
Subject:
Park Construction Agreement with Claremont Developments Inc.,
for Forsyth Park, Claremont
File: A-1440
Recommendation:
1. That the City of Pickering enter into a Park Construction Agreement with Claremont
Developments Inc., to facilitate the construction of Forsyth Park;
2. That the Mayor and City Clerk are hereby authorized to execute the Park Construction
Agreement between the City of Pickering and Claremont Developments Inc., in
substantially the same form as attached to this report, subject to revisions acceptable to the
Director, Engineering Services and the Director, Corporate Services & City Solicitor;
3. That Council authorize the Director, Finance & Treasurer to finance the gross project cost
of $2,620,919.00 (HST included) and net project cost of $2,360,219.00 (net HST) as
outlined in the Parks Construction Agreement and approved in the 2024 Capital Budget as
follows:
a. the sum of $2,214,400.00 available budget, funded from the Development Charges
Parks & Recreation Reserve Fund be increased to $2,301,214.00 and funded from the
same source;
b. the sum of $56,800.00 available budget, funded from Development Charges City‘s
Reserve Fund be increased to $59,005.00 and funded from the same source; and
4. That the appropriate officials of the City of Pickering be authorized to take the actions
necessary to implement the recommendations in this report.
1.0 Executive Summary:
The purpose of this report is to obtain Council approval to enter into a Park Construction
Agreement with Claremont Developments Inc., to facilitate the design and construction of
Forsyth Park, located in the Geranium Homes development in the Hamlet of Claremont. The
park is being named after G.M. Forsyth, a local politician and farmer who settled on this site in
- 49 -
ENG 03-26 April 7, 2026
Page 2
1917. Due to the heritage nature of the development site, Claremont Developments Inc., were
required to prepare a Heritage Interpretation Plan which includes reuse of the old barn beams
to construct benches and a public art installation, and plaques detailing the history of the site.
These installations will be paid for by Claremont Developments Inc. and located within Forsyth
Park. The park will include an intermediate size soccer pitch, a large farm themed playground,
a multi-use sport court, a gazebo with adjacent amphitheatre seating, pergola shade
structures, and lit walking paths.
Claremont Developments Inc. have obtained quotations for the design, contract administration
and construction of the park and have negotiated a fair and reasonable price consistent with
current market rates. The costs for the base construction work such as site grading, topsoil
spreading and sodding will be funded by Claremont Developments Inc., as their obligation to
deliver a construction ready site in the subdivision agreement. The above base costs are to be
funded by the City of Pickering. The City’s share of the design and construction costs of the
park, including a 10% construction contingency is $2,318,018.00 (HST excluded). This amount
will be carried as the maximum amount for City reimbursement to Claremont Developments
Inc., in the Parks Construction Agreement. An additional $1,380.00 has been carried in the
project costs for building permit application fees for the shade structures to be constructed in
the park.
Funds were approved in the 2024 Parks Capital Budget for the construction of this park based
on a previously estimated cost of $2,271,200.00. The current estimated net project cost,
including design, construction, contract administration, and a 10% contingency is
$2,360,219.00 (net HST).
2.0 Relationship to the Pickering Strategic Plan:
The recommendations in this report respond to the Pickering Strategic Plan Priority of
Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Advance Innovation &
Responsible Planning to Support a Connected, Well-Serviced Community.
3.0 Financial Implications:
1. Park Construction Agreement Amount
Park Construction Agreement
Total Cost (Consulting, Construction & Contingency) $2,318,018.00
HST (13%) 301,342.00
Gross Agreement Cost 2,619,360.00
HST Rebate (11.24%) (260,545.00)
- 50 -
ENG 03-26 April 7, 2026
Page 3
Net Agreement Cost $2,358,815.00
2. Estimated Project Cost Summary
Park Construction Costs $1,921,016.00
Construction Contingency 192,101.00
Consulting Costs 204,900.00
Building Permit Fee 1,380.00
Total Project Cost 2,319,397.00
HST (13%) 301,522.00
Gross Project Cost 2,620,919.00
HST Rebate (11.24%) (260,700.00)
Net Project Cost $2,360,219.00
3. Approved Source of Funds Available
Expense Code Source of Funds Budget Required
C10572.2405 Development Charges – Parks &
Recreation Reserve Fund
$2,214,400.00 $2,301,193.00
C10572.2405
Development Charges - City’s
Reserve Fund
$56,800.00 $59,026.00
Total $2,271,200.00 $2,360,219.00
Net Project Cost Under (Over)
Approved Funds
($89,019.00)
4.0 Discussion:
The purpose of this report is to obtain Council’s approval to enter into a Park Construction
Agreement with Claremont Developments Inc., (Geranium Homes), to facilitate the
construction of Forsyth Park. This neighbourhood park, which is approximately 1.698 ha (2.471
ac) in area, is located between Franklin Street and Samarillo Place in the Hamlet of Claremont.
It will service the Clarehaven Estates subdivision and the greater population of Claremont. The
park will include an intermediate size soccer pitch, a large farm themed playground, a multi-
use sport court, a gazebo with adjacent amphitheater seating, pergola shade structures, and lit
walking paths.
The park is being named after G.M. Forsyth, a historically significant municipal leader and
farmer in Claremont. Forsyth held many major offices in Pickering Township and the Village of
Claremont over the course of his political career, culminating in his appointment as Warden of
Ontario County in 1923. During his appointment as Reeve of Pickering Township, he was
instrumental in bringing hydro-electric power to Claremont. The Forsyth farmstead property,
located at 5113 Old Brock Road still contains the two-storey brick farmhouse that was
- 51 -
ENG 03-26 April 7, 2026
Page 4
constructed in 1916. Forsyth was known to have Shorthorn cattle and Clydesdale horses on
the farm. The frame barn and four silos were demolished prior to the development of the site.
Due to the heritage nature of the development site, Claremont Developments Inc. completed a
Heritage Impact Assessment and prepared an Interpretation Plan as a requirement of their
subdivision agreement. The Interpretive Plan includes reuse of the old barn beams to construct
benches and a silo themed public art installation, and three interpretive plaques detailing the
history and evolution of the site and village of Claremont. These installations will be funded by
Claremont Developments Inc. and will be located within Forsyth Park.
Claremont Developments Inc. have obtained quotations for the design, contract administration
and construction of the park and have negotiated a fair and reasonable price consistent with
current market rates. Schollen & Company Inc., the Landscape Architects of record for the
park design, will be retained for construction administration services. Griffith Property Services
Inc., who are performing the landscape construction works for the balance of the Geranium
Homes sites within the Claremont Developments, are being retained for the park construction.
The costs for the base construction work such as site grading, topsoil spreading and seeding
will be funded by Claremont Developments Inc., as their obligation in the subdivision
agreement. The above base costs are to be funded by the City of Pickering. The City’s share
of the design and construction costs of the park, including a 10% construction contingency is
$2,318,018.00 (HST excluded). This amount will be carried as the maximum amount for City
reimbursement to Claremont Developments Inc., in the Park Construction Agreement. An
amount of $1,380.00 has been carried in the project costs for building permit application fees
for the shade structures to be constructed in the park. These funds will be transferred to the
City Development Department as part of the park project costs.
Funds were approved in the 2024 Parks Capital Budget for the construction of this park based
on a previously estimated cost of $2,271,200.00. The current estimated net project cost,
including design, construction, contract administration, and a 10% contingency is
$2,360,219.00 (net HST) or $2,620,919.00 (HST included). Approval for additional funds for
the contingency is being requested from the same source of funding (Development Charges)
to cover any unforeseen circumstances. All unused funds will be returned to source.
Park construction is to proceed during spring 2026 and is anticipated be completed by the end
of 2027.
Attachments:
1. Draft Park Construction Agreement
2. Location Map
Prepared By: Arnold Mostert, Manager, Landscape & Parks Development
Approved/Endorsed By: Richard Holborn, Director, Engineering Services
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ENG 03-26 April 7, 2026
Page 5
Approved/Endorsed By: Stan Karwowski, Director, Finance & Treasurer
Approved/Endorsed By: Paul Bigioni, Director, Corporate Services & City Solicitor
AM:am
Recommended for the consideration of Pickering City Council By:
Marisa Carpino, M.A.
Chief Administrative Officer
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This Agreement made April XX, 2026
B e t w e e n:
Claremont Developments Inc. (the “Developer”)
and
The Corporation of the City of Pickering (the “City”)
Whereas certain lands located in the City of Pickering, Regional Municipality of Durham described as Block 72, Plan 40M-2774 (the “Lands”) upon which the City intends to construct a community park (the “Park”); and
Whereas, the Developer agrees to complete construction of the said park and install all applicable services and appurtenances within eighteen (18) months from the date of authorization to commence works, as more particularly set out in this Agreement.
Now therefore this Agreement witnesseth that in consideration of the covenants and premises
contained herein and other good and valuable consideration, the parties hereto covenant and agree with each other as follows:
1.Status of this Agreement
(1)This Agreement is entered into and executed by the Developer for the purpose ofhaving the City act in reliance on the covenants by the Developer contained herein andthe Developer hereby waives any right or claim which it now has or may hereinafteracquire which is inconsistent with the terms of this Agreement.
(2)Time shall be of the essence of this Agreement.
2.Interpretation
(1)Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as
"he", "she", "they", "him", "her" or "them", and the number of the verb agreeing therewithshall be construed accordingly.
(2)Wherever in this Agreement the word “Director” is used, it shall mean the City’s
Director, Engineering Services.
3.Notice
(1)Any notice required in writing in this Agreement shall be delivered to the following
address:
to the Developer at:3190 Steeles Ave. E., Suite 300, Markham, ON L3R 1G9Attention: Theyonas Manoharan, Email: theyonasm@geranium.com
and to the City at:
Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7Attention: City Clerk, Email: clerks@pickering.ca
(2)Notice shall be sufficiently given if delivered in person, sent by registered mail orelectronic means using the electronic method set forth above.
(3)Each notice shall be sent during normal business hours, on a business day and shall be
deemed to have been received as follows:
(a)delivered in person – on the day it was delivered;(b)sent by registered mail – on the third business day after it was mailed (excludingeach business day during which there existed any general interruption of postal
services due to strike, lockout or other cause); or(c)delivered by electronic means – at the time of such delivery.
Attachment 1 to Report ENG 03-26
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2
(4) The Developer may change its address for notice by giving notice to the Director in the
manner provided above. 4. Binding Parties This Agreement shall be enforceable jointly and severally by and against the Parties hereto,
their heirs, executors, administrators, successors and assigns, and the Agreement and all the covenants by the Developer contained herein shall run with the Lands for the benefit of the City and the land or interests in land owned by the City upon the registration of this Agreement. 5. Developer’s General Undertaking
The Developer shall complete the construction of the Park and the installations of services in a good workmanlike manner for the City, to the satisfaction of the City, and shall complete, perform or make payment for such other matters as may be provided for herein.
6. Construction and Installation of City Works (1) The Developer shall obtain all required approvals and shall construct or install to City standards and shall provide to the City, complete in every detail, the following City works and services (the “Works”) as shown on engineering plans submitted by the
Developer’s consulting engineer to the City and approved by the Director, Engineering Services in accordance with the City’s specifications for such Works: Plan No. Plan Title
(1) L-1 Landscape Plan (2) L-2 Grading Plan (3) L-3 Planting Plan (4) LD1 Landscape Details (5) LD2 Landscape Details
(6) LD3 Landscape Details (7) LD4 Landscape Details (8) LD5 Landscape Details (9) E-1 Electrical Plan (10) E-2 Electrical Details & Notes
(11) LD6 Landscape Details (12) LD7 Landscape Details (2) Prior to commencing construction of the Works, the Developer agrees to obtain
approval of the City for the following: (a) the hiring of a qualified project Landscape Architect. The Landscape Architect shall mange the project from start to finish and ensure a consistent level of services and to maintain quality control;
(b) the conceptual park design, construction drawings and cost estimate; (c) the schedule of completion of work; and (d) the tender documents, the list of bidders and the contractor and bid selected.
(3) The Developer agrees that the Developer’s Landscape Architect shall perform
construction inspection, as necessary and contract administration. Regular site meetings shall be arranged by the Developer’s Landscape Architect with City staff to ensure the construction is in conformance with City standards. All change orders shall be approved in writing by the City.
(4) If at any time prior to the acceptance of the Works, the Director is of the opinion that additional works are necessary to provide adequately any of the public services required by the project, the Developer shall construct, install or perform such additional works at the request of the Director.
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3
7. Termination of Agreement
The parties acknowledge and agree that this Agreement is conditional upon completion of the Conveyance on terms and conditions satisfactory to the City, in its sole discretion. In the event the City determines that the Conveyance will not proceed, the City shall provide written notice to the Developer and this Agreement shall be terminated and neither party shall have any further obligations to the other hereunder.
8. Right to Enter If it is necessary for the Developer to enter onto abutting/adjacent lands to complete any portion of the Works, the Developer must obtain a letter from the abutting/adjacent landowner,
which authorizes the Developer, its officers, employees, agents and the City to enter onto their property to complete and inspect such Works. A copy of the written authorization shall be provided to the Director, Engineering Services prior to the initiation of such Works. 9. Reliance by the City on this Agreement
This Agreement is entered into and executed by the Developer for the purpose of having the City act in reliance on the covenants by the Developer contained herein and the Developer hereby waives any right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of this Agreement.
10. Authorization to Commence Work The Developer shall not commence the construction or installation of any of the Works, without the written Authorization to Commence Work of the Director, which Authorization shall not be
issued until all approvals for the Works have been obtained and, (a) a copy of this Agreement executed by the Developer have been provided to the City; (b) all insurance requirements, as noted in this Agreement, have been delivered to the City to the satisfaction of the City’s Treasurer and the Director, Engineering Services;
(c) a Construction Management Plan has been submitted addressing such matters, among other things, as sediment controls, road cleaning, access during construction, mud and dust control during all phases of development, building material and soil storage areas, parking areas for construction workers during the servicing stage, topsoil stockpile location, working hours according to City By-laws and compliances with the City Noise
By-law to the satisfaction of the Director, Engineering Services; and
(d) all approvals and permits have been obtained by the Developer from the appropriate agencies, and from every adjacent owner whose lands must be entered upon in order to carry out such Works, to the satisfaction of the Director, Engineering Services. 11. Consultants
(1) The Developer shall retain a Professional Engineer and Landscape Architect as Consultants of the Developer to carry out all the necessary engineering design and inspections and to supervise the Works required to be done pursuant to this Agreement.
(2) Such Consultants, or any successor thereto, shall continue to be retained until the Works required to be done are completed and formally accepted by the City. (3) The Developer may change from one Consultant to another at any time or times during the undertaking of such Works, so long as the Developer has a Consultant retained at
all times. 12. Guarantee of Works, Workmanship and Materials (1) The Developer shall guarantee all Works, workmanship and materials employed or
used in the construction, installation or completion of the Works, services and other requirements under this Agreement for a minimum period of two years (the "maintenance period") following the issuance of the Completion Acceptance Certificate by the City.
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4
(2) Despite any other provisions of this Agreement, the responsibilities of the Developer during the maintenance period shall include the maintenance of the Works, including
the rectification of any unsatisfactorily installed Works. (3) Prior to the end of the maintenance period, the Developer's Consulting Engineer shall submit to the City "as built" construction drawings for the Works completed as per City standards, together with that Consulting Engineer's certificate that those drawings
accurately depict the Works as constructed. (4) Prior to the end of the maintenance period, the City will re-inspect the Works and if, (a) the Works are acceptable; and
(b) the Developer has performed all of its obligations under the terms of this Agreement to the satisfaction of the City, the City will issue to the Developer a Final Acceptance Certificate at which time the City will assume Developership of the Works and the operation and maintenance thereof,
and the maintenance period will then end. 13. Failure to Complete / Improper Performance (1) If, in the opinion of the Director, the Developer is not constructing or installing the
Works, or causing them to be constructed or installed, within the specified time or so that they may be completed within the specified time, or is improperly performing the Works, or has neglected or abandoned them before completion, or has unreasonably delayed them so that the terms and conditions of this Agreement are being violated or executed carelessly or in bad faith, or has neglected or refused to renew or again
perform Works rejected by the Director as defective or unsuitable, or has in any other manner, in the opinion of the Director, defaulted in the performance of the terms and conditions of this Agreement, then the Director may notify the Developer and his surety in writing of the default or neglect and if the notification be without effect for seven days, then the Director shall have full authority to make any payment or do anything, including
but not limited to obtaining materials, tools and machinery and employing persons required for the proper completion of the Works or rectification of the default, at the cost and expense of the Developer or his surety, or both. (2) In cases of emergency, in the opinion of the Director, such Director may act without
prior notice but the Developer and its surety shall be notified forthwith. (3) The cost of rectifying the default shall be calculated by the Director, whose decision shall be final, and may be charged to the Developer, together with a 25 per cent engineering and administration fee, by drawing upon the letter of credit filed with the
City pursuant to this Agreement. 14. City Contribution to Construction of the Works Notwithstanding anything else contained here, the City shall pay the Developer all of the
Developer’s reasonable costs in the amount of $2,318,018.00 (excluding HST) for the design, contract administration, construction and installation of the Works within 30 days of receiving the Developer’s invoice provided that:
(a) construction of the Works is complete to the satisfaction of the Director;
(b) the Developer has submitted a statutory declaration and progress payment certificate certifying that all invoices have been paid and that no liens exist and all contractors and subcontractors have verified receipt of payment; (c) the City is satisfied, acting reasonably, that all warranties on the Works will be
honoured; and
(d) safe vehicular and pedestrian access, in the opinion of the Director, Engineering Services, has been provided to the park prior to the City taking over the maintenance responsibility for the park.
15. Use of Works Pending Completion/Emergency Repairs
(1) Any of the Works may be used by the City, or by such other person or agency as may be authorized by the Director, Engineering Services, for the purposes for which the Works are designed, and such use shall not be deemed an acceptance of any of the
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5
Works by the City, nor an assumption by the City of any liability in connection therewith, nor a release of the Developer from any of its obligations under this Agreement.
(2) The City may make emergency repairs at any time to any of the Works and may for this purpose enter the Lands at any time; such repair or entry shall not be deemed an acceptance of any of the Works by the City, nor an assumption by the City of any liability in connection therewith, nor a release of the Developer from any of its
obligations under this Agreement. 16. Road Maintenance and Repair/Snow Plowing
The Developer shall, (a) maintain all City roads outside the Lands, including boulevards and sidewalks, in a mud and dust free condition and free of obstructions, where the source or cause of the mud, dust or obstruction is an operation or operations related in any way to the Works; and
(b) repair all City roads outside the Lands, including boulevards and sidewalks, where damage has occurred as a result of an operation or operations related in any way to the Works,
to the sole discretion and satisfaction of the Director, Engineering Services. In the event it is determined by the Director, Engineering Services that works are required to be done to satisfy the conditions above, the Developer shall compete such works within 24 hours of being notified, in writing.
17. Occupational Health and Safety (1) The Developer certifies that it is aware of its duties and obligations under the
Occupational Health and Safety Act, or any successor thereto, and all Regulations thereunder (herein called the “Act”), and shall ensure that its employees, contractors,
subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act; and (b) have sufficient knowledge and training to perform all Works and services required pursuant to this Agreement safely and in compliance with the Act.
(2) In the performance of all Works and services required pursuant to this Agreement, the
Developers shall,
(a) act safely and comply in all respects with the Act; and (b) ensure that its employees, contractors, subcontractors and their employees act safely and comply in all respects with the Act.
(3) The Developer shall rectify any unsafe act or practice and any non-compliance with the Act immediately upon being notified by any person of the existence of such act, practice or non-compliance.
(4) The Developer shall permit representatives of the City on the site where any Works or services required pursuant to this Agreement are being performed at any time or times for the purpose of inspection to determine compliance with this section.
(5) No act or omission by the City or any representative of the City (including the entering
into of this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the Developer, its employees, contractors, subcontractors and their employees under the Act.
(6) In addition to the Developer’s general indemnification of the City, above, the Developer
shall indemnify and save harmless the City, (a) from any loss, inconvenience, damage or cost to the City which may result from the City or any of its employees, contractors, subcontractors and their employees
failing to act safely or to comply in all respects with the Act in the performance of
any Works or service required pursuant to this Agreement; and
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6
(b) against any action or claim, or costs related thereto, brought against the City by any person arising out of any unsafe act or practice or any non-compliance with
the Act by the Developer or any of its employees, contractors, subcontractors and their employees in the performance of any Works or service required pursuant to this Agreement. 18. Pay Assurance
(1) In this section, (a) “Prime Contract” means a direct contract with the Developer for the construction of any of the Works; and
(b) “Prime Contractor” means the party contracting with the Developer under a Prime Contract. (2) The City shall not process a payment in favour of the Prime Contractor unless the amount claimed is at least twenty-five thousand dollars ($25,000.00).
(3) The City shall be entitled to reimbursement of its administrative costs which shall be deducted from each payment processed in favour of the Prime Contractor in the amount of either $3,000.00 or 2% of each payment processed, whichever is greater.
(4) The Developer shall not make any claims against the City and hereby releases and agrees to indemnify the City of and from any claims arising as a result of any action taken under this section. (5) The procedure set out in this section shall have no application in cases where the
installation of the Works is done prior to execution of this Agreement. (6) The Developer shall make explicit reference to these pay assurance provisions in any Prime Contract.
(7) The City shall have no obligation to pay the Prime Contractor except in accordance with this section. (8) The disputed payment under the Prime Contract shall be submitted to arbitration pursuant to the Arbitration Act, S.O. 1991, c.17, as amended.
(9) The City shall pay monies out of escrow in accordance with the final award under the
Arbitration Act, S.O. 1991, c.17, as amended.
19. Payment of Liens and Other Claims (1) The Developer shall discharge all claims for lien and vacate all certificates of action filed with the City or registered on title to any City-owned lands within thirty days of being requested to do so by the City.
(2) At the end of the Maintenance Period, as extended during any rectification period, the Developer shall file with the City a Statutory Declaration stating that,
(a) all materials have been supplied and all services and Works have been
completed with respect to the construction and installation of Works and other services; (b) all accounts for work or service performed and materials placed or furnished
upon or in respect of the construction and installation of Works and other
services have been fully paid and satisfied and no person is entitled to claim a lien or to demand payment under the Construction Act against the City or any City-owned land;
(c) there are no judgments or executions filed against the Developer;
(d) nothing is owed by the Developer or claimed against it for unemployment insurance deductions, income tax deductions, or by way of contribution or assessment under the Workplace Safety and Insurance Act, 1997;
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7
(e) the Developer has not made any assignment for the benefit of creditors, nor has
any receiving order been made against it under the Bankruptcy and Insolvency
Act, nor has any petition for such an order been served upon the Developer; and (f) at least 60 days have passed since the completion of the construction, installation, and last rectification of the Works and services.
20. Payment of Interest on Overdue Amounts Payable The Developer shall pay interest at the rate of fifteen percent (15%) per year to the City on all sums of money payable hereunder which are not paid on the due dates calculated from such
due dates. 21. Insurance Requirements (1) Before commencing any of the Works provided for herein, the Developer shall supply
the City with a certificate of insurance verifying that a liability insurance policy is in place in a form satisfactory to the City, naming the City as an additional insured and indemnifying the City from any loss arising from claims for damages, injury or otherwise in connection with the Works done by or on behalf of the Developer on the Lands.
(2) The policy shall, (a) name the City of Pickering as an additional insured; (b) set the minimum limit at $5,000,000.00 all inclusive for property damage and personal liability;
(c) indicate “per occurrence”; (d) refer to “products and completed operations” only; if the policy contains an “aggregate amount”; (e) contain a clause including blasting, if blasting is to occur; and (f) remain in full force and effect until the Final Acceptance Certificate has been
issued by the City. (3) The policy premium shall be paid initially for a period of one year and the policy shall be renewed for further one-year periods until the Final Acceptance Certificate has been issued by the City.
(4) The Developer acknowledges that, the City may, at its discretion, draw upon the Developer’s Letter of Credit to pay for: (a) the Developer’s policy premium to keep adequate insurance in place until such
time as the City has issued the Final Acceptance Certificate; and (b) the City’s administration fee of $250.00, plus HST, per renewal, if at any time, prior to the Final Acceptance Certificate being issued by the City, the insurance policy referred to above is cancelled.
(5) The provision of the insurance policy required by this section shall not relieve the Developer from liability for claims not covered by the policy or which exceed its limits, if any, for which the Developer may be held responsible.
22. Developer’s General Indemnity Until the Director, Engineering Services has issued the Final Acceptance Certificate for the Works, the Developer shall indemnify the City from all losses, damages, costs, expenses,
claims, demands and actions of every nature and kind whatsoever, including death or injury
(collectively referred to as ‘losses’), arising directly or indirectly from the failure to construct the Works pursuant to this Agreement or the Developer’s failure to comply in all respects with all other requirements under this Agreement, whether or not such losses are incurred by reason of negligence or on the part of the Developer and whether such losses are sustained by the
City, the Developer, or their employees, workmen, servants, agents or any other person or
corporation.
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8
23. Utility / Services
The Developer agrees that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Developer. 24. Other Approvals
Notwithstanding anything else contained in this Agreement, it is the responsibility of the Developer to obtain all permits and approvals from the Region of Durham, Toronto and Region Conservation Authority, Ministry of Natural Resources and Forestry, Ministry of the Environment, Conservation and Parks and/or any other agency or utility company, as
necessary, respecting the Works. The Developer shall provide the City with a copy of all required permits and approvals.
25. General Provisions
(1) The recitals at the head of this Agreement are true and accurate and form a part hereof.
(2) The parties hereto may only amend this Agreement by further agreement in writing executed by all parties hereto.
(3) All references to currency in this agreement shall be references to Canadian dollars.
(4) Words importing gender include all genders.
(5) The captions and headings contained herein are for reference only and in no way affect
this Agreement or its interpretation.
(6) In the event that any date specified or any date contemplated in this Agreement shall fall upon a day other than a business day, then such date shall be deemed to be the next following business day.
(7) This Agreement shall be construed and enforced in accordance with the laws of the
Province of Ontario and the laws of Canada applicable thereto and shall be treated in all respects as an Ontario contract.
(8) The Agreement shall enure to the benefit of and shall be binding upon the parties and their respective heirs, successors and permitted assigns.
(9) The Developer shall execute such further assurances as may be reasonably necessary
to give effect to this Agreement.
(10) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he", "she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be construed accordingly.
(11) Any reference made in this Agreement to a Director, it shall include the Director or
his/her designate.
(12) Schedule A attached hereto shall form part of this Agreement.
26. Binding Parties
This Agreement shall be enforceable by and against the parties hereto, their heirs, executors, administrators, successors and assigns, and the Agreement and all the covenants by the
Developer contained herein shall run with the Lands for the benefit of the City and the land or interests in land owned by the City upon the registration of the plan.
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9
27. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall be deemed to constitute one and the same document. The execution of this Agreement will not become effective until counterparts hereof have been executed by all the parties hereto. Counterparts may be executed either in original or electronic form and the parties adopt any signatures received in electronic form as
original signatures of the parties.
In witness whereof the Developer and the City have duly executed this Agreement as of the date first written above.
Claremont Developments Inc. __________________________________________ Name:
Title: __________________________________________ Name: Title:
I/We have the authority to bind the Corporation.
The Corporation of the City of Pickering __________________________________________ Kevin Ashe, Mayor
__________________________________________ Susan Cassel, City Clerk
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10
Schedule A
Certificate of Insurance
This is to certify that the insured is insured with the Insurance Company set out herein.
Name of Insured: Claremont Developments Inc.
Insured Location(s): Block 72, Plan 40M-
2774
City File No.: D01/26
Insurance Company (Name and Address)
Type of Insurance
Policy
Number
Effective
Date
(yy/mm/dd)
Expiry Date
(yy/mm/dd)
Limits of Liability/Per Occurrence
Bodily Injury/Property
Damage - Inclusive
Commercial General Liability
General Aggregate $
Products – Comp/Op Aggregate
$
Excess Liability Umbrella
Each Occurrence $
Aggregate $
Environmental
Each Occurrence
$
Aggregate
$
Professional
Each Occurrence $ Aggregate $
Note: If insurance is placed in primary and excess layers, file separate certificates for each. Commercial General Liability - Including Personal Injury, Contractual Liability, Non-Owned Automobile Liability, Owner’s and Contractor’s Protective Coverage, Products - Completed Operations, Contingent Employer’s Liability, Cross Liability Clause and Severability of Interest Clause. The Corporation of the City of Pickering has been added as an additional insured under the Commercial General Liability Policy, but only with respect to its interest in the operations of the named insured. This is to certify that the Policy of Insurance as described above has been issued by the undersigned to the insured named above and is in force at this time. In the event that blasting or the use of explosives becomes
necessary, the City will be provided with an amended Policy. Thirty (30) days prior written Notice, by registered mail, will be given by the insurer(s) to the City of Pickering if
this Policy is cancelled or if any material change occurs that would, for any reason, affect this Certificate or the City of Pickering as outlined in the coverage specified herein. Notice will be given to: The Corporation of the City of Pickering, Attention: Legal Services, Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7. This certificate is executed and issued to the City of Pickering the day and date written below:
Date Name of Insurance Company (not broker)
Name and Address of Insurance Broker Phone No.: Email Address:
Authorized Representative or Official By:________________________________________ Name:
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Attachment 2 to Report ENG 03-26
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Report to
Executive Committee
Report Number: ENG 04-26
Date: April 7, 2026
From: Richard Holborn
Director, Engineering Services
Subject:
Park Construction Agreement with Mattamy (Seaton) Limited
for Dave Ryan Community Park
File: A-1440
Recommendation:
1. That the City of Pickering enter into a Park Construction Agreement with Mattamy (Seaton)
Limited to facilitate the design and construction of Dave Ryan Community Park;
2. That the Mayor and City Clerk are hereby authorized to execute the Park Construction
Agreement between the City of Pickering and Mattamy (Seaton) Limited in substantially the
same form as attached to this report, subject to revisions acceptable to the Director,
Engineering Services and the Director, Corporate Services & City Solicitor;
3. That Council authorize the Director, Finance & Treasurer to finance the gross project cost
of $6,606,255.00 (HST included) and net project cost of $5,949,137.00 (net HST) as
outlined in the Park Construction Agreement and approved in the 2020 and 2023 Capital
Budgets as follows:
a. the sum of $3,661,100.00 available budget, funded from the Development Charges
Parks & Recreation Reserve Fund be increased to $5,800,409.00 and funded from the
same source;
b. the sum of $93,900.00 available budget, funded from the Seaton Landowner Group FIA
Reserve Fund be increased to $148,728.00 and be funded from the same source; and
4. That the appropriate officials of the City of Pickering be authorized to take the actions
necessary to implement the recommendations in this report.
1. Executive Summary:
The purpose of this report is to obtain Council’s approval to enter into a Park Construction
Agreement with Mattamy (Seaton) Limited, to facilitate the design and construction of Dave
Ryan Community Park, which is located at the southeast corner of Alexander Knox Road and
Mulberry Lane. The park will include a full-size lit soccer pitch, a lit ball diamond, one lit tennis
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ENG 04-26 April 7, 2026
Page 2
court, four lit dedicated pickleball courts, a large junior and senior playground, a splashpad, a
half-court basketball, a comfort station, and on-site parking.
The subject site is currently under the ownership of Infrastructure Ontario but is in the process
of being transferred to City of Pickering ownership as required in the Seaton Community
Master Parks Agreement. Mattamy (Seaton) Limited, who have developed the lands to the
south of the park through Plan 40M - 2734, would like to enter into a Park Construction
Agreement, to facilitate the construction of the park. They have retained the design
consultants, obtained bids from reputable contractors and have negotiated a fair and
reasonable market price for the construction of all the park features.
The costs for the base construction work will be funded by the Seaton Landowner Group as
their obligation in the Seaton Community Master Parks Agreement. The costs to develop the
park are to be funded by the City of Pickering. Mattamy (Seaton) Limited have agreed to pay
for the construction of the splash pad area, valued at approximately $250,000 as their
contribution to the project for the community. The City’s share of the design and construction
costs of the park, including a construction contingency is $5,843,327.00 (HST excluded). This
amount will be carried as the maximum amount for City reimbursement to Mattamy (Seaton)
Limited in the Park Construction Agreement. Funds were approved in the 2020 Parks Capital
Budget for the construction of this park, and additional funds were approved in the 2023 Parks
Capital Budget to top up this amount to cover the estimated construction cost of $3,755,000.
With the delay in construction start, construction costs have increased substantially. The
current estimated net project cost, including design, construction, contract administration, a
10% contingency, and building permit fees is $5,949,137.00 (net HST) or $6,606,255.00 (HST
included).
2. Relationship to the Pickering Strategic Plan:
The recommendations in this report respond to the Pickering Strategic Plan Priority of
Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Advance Innovation &
Responsible Planning to Support a Connected, Well-Serviced Community.
3. Financial Implications:
1. Park Construction Agreement Amount
Park Construction Agreement
Total Cost (Consulting, Construction & Contingency) $5,843,327.00
HST (13%) 759,633.00
Gross Construction Cost 6,602,960.00
HST Rebate (11.24%) (656,790.00)
Net Construction Cost $5,946,170.00
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ENG 04-26 April 7, 2026
Page 3
2. Estimated Project Cost Summary
Park Construction Costs $4,775,404.00
Construction contingency 467,500.00
Consulting Costs 600,423.00
Building Permit Fee 2,916.00
Total Project Cost 5,846,243.00
HST (13%) 760,012.00
Gross Construction Cost 6,606,255.00
HST Rebate (11.24%) (657,118.00)
Net Construction Cost $5,949,137.00
3. Approved Source of Funds Available
Expense Code Source of Funds Budget Required
C10320.2023 Development Charges – Parks &
Recreation Reserve Fund
$3,661,100.00 $5,800,409.00
C10320.2023
Seaton Landowner Group FIA
Reserve Fund
$93,900.00 $148,728.00
Total $3,755,000.00 $5,949,137.00
Net Project Cost Under (Over) Approved Funds ($2,194,137.00)
4. Discussion:
The purpose of this report is to obtain Council’s approval to enter into a Park Construction
Agreement with Mattamy (Seaton) Limited, to facilitate the design and construction of Dave
Ryan Community Park. This park, which is approximately 4.726 ha (11.678 ac) in area, is
located at the southeast corner of Alexander Knox Road and Mulberry Lane. The park is being
named after Dave Ryan who served on Pickering Council for 28 consecutive years (Resolution
#977/22). He was a City Councillor from 1994 to 2003 and the Mayor of the City of Pickering
from 2003 to 2022. The park will include a full-size lit soccer pitch, a lit ball diamond, one lit
tennis court, four lit dedicated pickleball courts, a large junior and senior playground, a
splashpad, a half-court basketball, a comfort station, and on-site parking.
The subject site is currently under the ownership of Infrastructure Ontario but is in the process
of being transferred to City of Pickering ownership as required in the Seaton Community
Master Parks Agreement. Mattamy (Seaton) Limited, who have developed the lands to the
south of the park through Plan 40M - 2734, have a servicing agreement with Infrastructure
Ontario, permitting them to undertake site alterations on the subject property in advance of the
land being transferred to the City. Mattamy (Seaton) Limited have retained Landscape
Architectural and Engineering consultants to design the park features in consultation with City
staff.
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ENG 04-26 April 7, 2026
Page 4
Mattamy (Seaton) Limited invited seven reputable landscape contractors to provide a bid for
the park construction with four bidders responding. Lomco Limited, Landscape Contractors
from Whitchurch-Stouffville are Mattamy (Seaton) Limited’s lowest bid. Lomco previously
constructed Creekside Park in Duffin Heights and Rick Johnson Memorial Park in Seaton.
Their pricing is fair and reasonable, consistent with current market rates. The costs for the
base construction work such as site grading, topsoil spreading and sodding will be funded by
the Seaton Landowner Group as their obligation in the Seaton Community Master Parks
Agreement. The costs above base costs to develop the park are to be funded by the City of
Pickering.
The City’s share of the design and construction costs of the park, including a construction
contingency is $5,843,327.00 (HST excluded). This amount will be carried as the maximum
amount for the City reimbursement to Mattamy (Seaton) Limited in the Park Construction
Agreement. An amount of $2,916.00 has been carried in the estimated project cost for building
permit application fees for a gazebo and a four-season comfort station. Mattamy (Seaton)
Limited have agreed to pay for the construction of the splash pad area, valued at
approximately $250,000 as their contribution to the project for the community.
Funds were approved in the 2020 Parks Capital Budget for the construction of this park, and
additional funds were approved in the 2023 Parks Capital Budget to top up this amount to
cover the estimated construction cost of $3,755,000. With the delay in construction start,
construction costs have increased substantially. The current estimated net project cost,
including design, construction, contract administration, a construction contingency, and
building permit fees is $5,949,137.00 (net HST) or $6,606,255.00 (HST included).
Attachments:
1. Draft Park Construction Agreement
2. Location Map
Prepared By: Arnold Mostert, Manager, Landscape & Parks Development
Approved/Endorsed By: Richard Holborn, Director, Engineering Services
Approved/Endorsed By: Stan Karwowski, Director, Finance & Treasurer
Approved/Endorsed By: Paul Bigioni, Director, Corporate Services & City Solicitor
AM:am
Recommended for the consideration of Pickering City Council By:
Marisa Carpino, M.A.
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ENG 04-26 April 7, 2026
Page 5
Chief Administrative Officer
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This Agreement made April ____, 2026
B e t w e e n:
Mattamy (Seaton) Limited (the “Developer”)
and
The Corporation of the City of Pickering (the “City”)
Whereas certain lands located in the City of Pickering, Regional Municipality of Durham described as Part Lot 20, Concession 4, being Part 4, 40R-24146 (the “Lands”) will be conveyed from His Majesty the King in right of Ontario to the City (the “Conveyance”) for community park purposes upon which the City intends to construct a community park (the “Park”); and
Whereas the Developer and the City are parties to the Seaton Community Master Parks Agreement dated May 1, 2017 (the “MPA”). Pursuant to the MPA, a public park is required adjacent to the intersection of Alexander Knox Road and Mulberry Lane, Pickering; and
Whereas, the Developer agrees to complete construction of the said park and install all applicable services and appurtenances within sixteen (16) months from the date of authorization to commence works, as more particularly set out in this Agreement.
Now therefore this Agreement witnesseth that in consideration of the covenants and premises
contained herein and other good and valuable consideration, the parties hereto covenant and agree with each other as follows:
1.Status of this Agreement
(1)This Agreement is entered into and executed by the Developer for the purpose ofhaving the City act in reliance on the covenants by the Developer contained herein andthe Developer hereby waives any right or claim which it now has or may hereinafteracquire which is inconsistent with the terms of this Agreement.
(2)Time shall be of the essence of this Agreement.
2.Interpretation
(1)Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as
"he", "she", "they", "him", "her" or "them", and the number of the verb agreeing therewithshall be construed accordingly.
(2)Wherever in this Agreement the word “Director” is used, it shall mean the City’s
Director, Engineering Services.
3.Notice
(1)Any notice required in writing in this Agreement shall be delivered to the following
address:
to the Developer at:Address: 6696 Financial Dr., Mississauga, ON L5N 7J6Attention: Andrew Scott - Email: andrew.scott@mattamycorp.com
and to the City at:
Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7Attention: City Clerk, Email: clerks@pickering.ca
(2)Notice shall be sufficiently given if delivered in person, sent by registered mail orelectronic means using the electronic method set forth above.
(3)Each notice shall be sent during normal business hours, on a business day and shall be
deemed to have been received as follows:
Attachment 1 to Report ENG 04-26
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2
(a) delivered in person – on the day it was delivered; (b) sent by registered mail – on the third business day after it was mailed (excluding
each business day during which there existed any general interruption of postal services due to strike, lockout or other cause); or (c) delivered by electronic means – at the time of such delivery. (4) The Developer may change its address for notice by giving notice to the Director in the
manner provided above. 4. Binding Parties This Agreement shall be enforceable jointly and severally by and against the Parties hereto,
their heirs, executors, administrators, successors and assigns, and the Agreement and all the covenants by the Developer contained herein shall run with the Lands for the benefit of the City and the land or interests in land owned by the City upon the registration of this Agreement. 5. Developer’s General Undertaking
The Developer shall complete the construction of the Park and the installations of services in a good workmanlike manner for the City, to the satisfaction of the City, and shall complete, perform or make payment for such other matters as may be provided for herein.
6. Construction and Installation of Works (1) The Developer shall obtain all required approvals and shall construct or install to City standards and shall provide to the City, complete in every detail, the following works and services (the “Works”) as shown on plans and drawings submitted by the
Developer’s Consultants to the City and approved by the Director, Engineering Services in accordance with the City’s specifications for such Works: Plan No. Plan Title
(1) C001 General Notes (2) C101 General Servicing Plan (3) C201 Grading Plan (4) C501 Pavement Marking & Signage Plan (5) C601 Stormwater Management (Plan View & Sections)
(6) C602 Stormwater Management (Details) (7) C901 Erosion and Sediment Control Plan (8) C902 Erosion and Sediment Control Plan (Notes and Details) (9) C1001 Details (1 of 3) (10) C1002 Details (2 of 3)
(11) C1003 Details (3 of 3) (12) L1.0 Layout Plan (13) L1.1 Grading Plan (14) L1.2 Subsurface Drainage Plan (15) L1.3 Planting Plan
(16) D1 to D16 Details (17) E1.0 Electrical Plan (18) E2.0 Electrical Plan & Details (19) E3.0 Electrical Details
(20) 1 to 8 Musco: Project Illumination Summary and Equipment Layout
(21) A1.00 Cover Sheet (22) A1.01 Drawing Index & OBC Data Matrix (23) A2.00 Construction Plan (24) A2.01 Construction Plan at Window Level
(25) A3.00 Reflected Ceiling Plan
(26) A3.01 Roof Plan (27) A4.00 Exterior Elevation 1 (28) A4.01 Exterior Elevation 2 (29) A5.00 Building Sections 1
(30) A5.01 Building Sections 2
(31) A5.02 Wall Sections & Details (32) A5.03 Construction Details (33) A6.00 Universal Washroom Details (34) A6.01 Men’s Washroom Details
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(35) A6.02 Women’s Washroom Details (36) A6.03 Barrier Free Standard Details
(37) A7.00 Schedules & Details (38) A8.00 Exterior/Interior Finish Board (39) SP1 Specifications 1 (40) SP2 Specifications 2 (41) S1 Structural Specifications
(42) S2 Structural Specifications (43) S3 Structural Specifications (44) S4 Foundation Plan and Details (45) S5 Roof Framing Plan and Details (46) S6 Typical Structural Details
(47) M1 HVAC Plan and Details (48) M2 Plumbing Plan and Details (49) M3 Mechanical Specifications (50) E1 Lighting Plan and Details (51) E2 Power Plan and Details
(52) E3 Panel Schedule and Details (53) E4 Electrical Specifications (2) Prior to commencing construction of the Works, the Developer agrees to obtain
approval of the City for the following: (a) the hiring of a qualified project Landscape Architect. The Landscape Architect shall manage the project from start to finish and ensure a consistent level of services and to maintain quality control;
(b) the conceptual park design, construction drawings and cost estimate; (c) the schedule of completion of work; and (d) the tender documents, the list of bidders and the contractor and bid selected. (3) The Developer agrees that the Developer’s Landscape Architect shall perform
construction inspection, as necessary and contract administration. Regular site meetings shall be arranged by the Developer’s Landscape Architect with City staff to ensure the construction is in conformance with City standards. All change orders shall be approved in writing by the City.
(4) If at any time prior to the acceptance of the Works, the Director is of the opinion that additional works are necessary to provide adequately any of the public services required by the project, the Developer shall construct, install or perform such additional works at the request of the Director.
7. Termination of Agreement The parties acknowledge and agree that this Agreement is conditional upon completion of the Conveyance on terms and conditions satisfactory to the City, in its sole discretion. In the event the City determines that the Conveyance will not proceed, the City shall provide written notice
to the Developer and this Agreement shall be terminated and neither party shall have any further obligations to the other hereunder. 8. Right to Enter
If it is necessary for the Developer to enter onto abutting/adjacent lands to complete any portion of the Works, the Developer must obtain a letter from the abutting/adjacent landowner, which authorizes the Developer, its officers, employees, agents and the City to enter onto their property to complete and inspect such Works. A copy of the written authorization shall be
provided to the Director, Engineering Services prior to the initiation of such Works.
9. Reliance by the City on this Agreement This Agreement is entered into and executed by the Developer for the purpose of having the
City act in reliance on the covenants by the Developer contained herein and the Developer
hereby waives any right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of this Agreement.
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10. Authorization to Commence Work
The Developer shall not commence the construction or installation of any of the Works, without the written Authorization to Commence Work of the Director, which Authorization shall not be issued until all approvals for the Works have been obtained and,
(a) two copies of this Agreement executed by the Developer have been provided to the City;
(b) all insurance requirements, as noted in this Agreement, have been delivered to the City to the satisfaction of the City’s Treasurer and the Director, Engineering Services; (c) a Construction Management Plan has been submitted addressing such matters, among
other things, as sediment controls, road cleaning, access during construction, mud and
dust control during all phases of development, building material and soil storage areas, parking areas for construction workers during the servicing stage, topsoil stockpile location, working hours according to City By-laws and compliances with the City Noise By-law to the satisfaction of the Director, Engineering Services; and
(c) all approvals and permits have been obtained by the Developer from the appropriate
agencies, and from every adjacent owner whose lands must be entered upon in order to carry out such Works, to the satisfaction of the Director, Engineering Services. 11. Developer Consultants
(1) The Developer shall retain a Professional Engineer and Landscape Architect as the Consultants of the Developer (the “Consultants”) to carry out all the necessary engineering and landscape design and inspections and to supervise the Works required to be done pursuant to this Agreement.
(2) Such Consultants, or any successors thereto, shall continue to be retained until the Works required to be done are completed and formally accepted by the City. (3) The Developer may change Consultants at any time or times during the undertaking of such Works, so long as the Developer has Consultants retained at all times.
12. Guarantee of Works, Workmanship and Materials (1) The Developer shall guarantee all Works, workmanship and materials employed or
used in the construction, installation or completion of the Works, services and other requirements under this Agreement for a minimum period of two years (the "maintenance period") following the issuance of the Completion Acceptance Certificate by the City.
(2) Despite any other provisions of this Agreement, the responsibilities of the Developer during the maintenance period shall include the maintenance of the Works, including the rectification of any unsatisfactorily installed Works. (3) Prior to the end of the maintenance period, the Consultants shall submit to the City, "as
built" construction drawings for the Works completed as per City standards, together with the Consultants’ certificates that those drawings accurately depict the Works as constructed. (4) Prior to the end of the maintenance period, the City will re-inspect the Works and if,
(a) the Works are acceptable; and (b) the Developer has performed all of its obligations under the terms of this Agreement to the satisfaction of the City,
the City will issue to the Developer a Final Acceptance Certificate at which time the City will assume ownership of the Works and the operation and maintenance thereof, and the maintenance period will then end.
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13. Failure to Complete / Improper Performance
(1) If, in the opinion of the Director, the Developer is not constructing or installing the Works, or causing them to be constructed or installed, within the specified time or so that they may be completed within the specified time, or is improperly performing the Works, or has neglected or abandoned them before completion, or has unreasonably delayed them so that the terms and conditions of this Agreement are being violated or
executed carelessly or in bad faith, or has neglected or refused to renew or again perform Works rejected by the Director as defective or unsuitable, or has in any other manner, in the opinion of the Director, defaulted in the performance of the terms and conditions of this Agreement, then the Director may notify the Developer and his surety in writing of the default or neglect and if the notification be without effect for seven days,
then the Director shall have full authority to make any payment or do anything, including but not limited to obtaining materials, tools and machinery and employing persons required for the proper completion of the Works or rectification of the default, at the cost and expense of the Developer or his surety, or both.
(2) In cases of emergency, in the opinion of the Director, such Director may act without prior notice but the Developer and its surety shall be notified forthwith. (3) The cost of rectifying the default shall be calculated by the Director, whose decision shall be final, and may be charged to the Developer, together with a 25 per cent
engineering and administration fee, by drawing upon the letter of credit filed with the City pursuant to this Agreement. 14. City Contribution to Construction of the Works
Notwithstanding anything else contained here, the City shall pay the Developer all of the Developer’s reasonable costs in the amount of $5,843,327.00 (excluding HST) for the design, contract administration, construction and installation of the Works within 30 days of receiving the Developer’s invoice provided that:
(a) construction of the Works is complete to the satisfaction of the Director; (b) the Developer has submitted a statutory declaration and progress payment certificate certifying that all invoices have been paid and that no liens exist and all contractors and subcontractors have verified receipt of payment; (c) the City is satisfied, acting reasonably, that all warranties on the Works will be
honoured; and (d) safe vehicular and pedestrian access, in the opinion of the Director, Engineering Services, has been provided to the park prior to the City taking over the maintenance responsibility for the park.
15. Use of Works Pending Completion/Emergency Repairs (1) Any of the Works may be used by the City, or by such other person or agency as may be authorized by the Director, Engineering Services, for the purposes for which the Works are designed, and such use shall not be deemed an acceptance of any of the
Works by the City, nor an assumption by the City of any liability in connection therewith, nor a release of the Developer from any of its obligations under this Agreement. (2) The City may make emergency repairs at any time to any of the Works and may for this
purpose enter the Lands at any time; such repair or entry shall not be deemed an
acceptance of any of the Works by the City, nor an assumption by the City of any liability in connection therewith, nor a release of the Developer from any of its obligations under this Agreement.
16. Road Maintenance and Repair/Snow Plowing
The Developer shall, (a) maintain all City roads outside the Lands, including boulevards and sidewalks, in a mud
and dust free condition and free of obstructions, where the source or cause of the mud,
dust or obstruction is an operation or operations related in any way to the Works; and
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(b) repair all City roads outside the Lands, including boulevards and sidewalks, where damage has occurred as a result of an operation or operations related in any way to the
Works, to the sole discretion and satisfaction of the Director, Engineering Services. In the event it is determined by the Director, Engineering Services that works are required to be done to satisfy the conditions above, the Developer shall compete such works within 24 hours of being
notified, in writing. 17. Occupational Health and Safety
(1) The Developer certifies that it is aware of its duties and obligations under the
Occupational Health and Safety Act, or any successor thereto, and all Regulations thereunder (herein called the “Act”), and shall ensure that its employees, contractors, subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act; and
(b) have sufficient knowledge and training to perform all Works and services
required pursuant to this Agreement safely and in compliance with the Act. (2) In the performance of all Works and services required pursuant to this Agreement, the Developers shall,
(a) act safely and comply in all respects with the Act; and (b) ensure that its employees, contractors, subcontractors and their employees act safely and comply in all respects with the Act.
(3) The Developer shall rectify any unsafe act or practice and any non-compliance with the
Act immediately upon being notified by any person of the existence of such act, practice or non-compliance. (4) The Developer shall permit representatives of the City on the site where any Works or services required pursuant to this Agreement are being performed at any time or times
for the purpose of inspection to determine compliance with this section. (5) No act or omission by the City or any representative of the City (including the entering into of this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the Developer, its employees, contractors, subcontractors and their
employees under the Act. (6) In addition to the Developer’s general indemnification of the City, above, the Developer shall indemnify and save harmless the City,
(a) from any loss, inconvenience, damage or cost to the City which may result from the City or any of its employees, contractors, subcontractors and their employees failing to act safely or to comply in all respects with the Act in the performance of any Works or service required pursuant to this Agreement; and
(b) against any action or claim, or costs related thereto, brought against the City by any person arising out of any unsafe act or practice or any non-compliance with the Act by the Developer or any of its employees, contractors, subcontractors and their employees in the performance of any Works or service required
pursuant to this Agreement.
18. Pay Assurance (1) In this section,
(a) “Prime Contract” means a direct contract with the Developer for the construction of any of the Works; and (b) “Prime Contractor” means the party contracting with the Developer under a Prime Contract.
(2) The City shall not process a payment in favour of the Prime Contractor unless the amount claimed is at least twenty-five thousand dollars ($25,000.00).
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(3) The City shall be entitled to reimbursement of its administrative costs which shall be deducted from each payment processed in favour of the Prime Contractor in the amount
of either $3,000.00 or 2% of each payment processed, whichever is greater. (4) The Developer shall not make any claims against the City and hereby releases and agrees to indemnify the City of and from any claims arising as a result of any action taken under this section.
(5) The procedure set out in this section shall have no application in cases where the installation of the Works is done prior to execution of this Agreement. (6) The Developer shall make explicit reference to these pay assurance provisions in any
Prime Contract. (7) The City shall have no obligation to pay the Prime Contractor except in accordance with this section.
(8) The disputed payment under the Prime Contract shall be submitted to arbitration pursuant to the Arbitration Act, S.O. 1991, c.17, as amended. (9) The City shall pay monies out of escrow in accordance with the final award under the Arbitration Act, S.O. 1991, c.17, as amended.
19. Payment of Liens and Other Claims (1) The Developer shall discharge all claims for lien and vacate all certificates of action filed with the City or registered on title to any City-owned lands within thirty days of being
requested to do so by the City. (2) At the end of the Maintenance Period, as extended during any rectification period, the Developer shall file with the City a Statutory Declaration stating that,
(a) all materials have been supplied and all services and Works have been completed with respect to the construction and installation of Works and other services; (b) all accounts for work or service performed and materials placed or furnished
upon or in respect of the construction and installation of Works and other services have been fully paid and satisfied and no person is entitled to claim a lien or to demand payment under the Construction Act against the City or any City-owned land;
(c) there are no judgments or executions filed against the Owner; (d) nothing is owed by the Developer or claimed against it for unemployment insurance deductions, income tax deductions, or by way of contribution or assessment under the Workplace Safety and Insurance Act, 1997;
(e) the Developer has not made any assignment for the benefit of creditors, nor has any receiving order been made against it under the Bankruptcy and Insolvency Act, nor has any petition for such an order been served upon the Developer; and
(f) at least 60 days have passed since the completion of the construction, installation, and last rectification of the Works and services. 20. Payment of Interest on Overdue Amounts Payable
The Developer shall pay interest at the rate of fifteen percent (15%) per year to the City on all sums of money payable hereunder which are not paid on the due dates calculated from such due dates.
21. Insurance Requirements (1) Before commencing any of the Works provided for herein, the Developer shall supply the City with a certificate of insurance verifying that a liability insurance policy is in place in a form satisfactory to the City, naming the City as an additional insured and
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indemnifying the City from any loss arising from claims for damages, injury or otherwise in connection with the Works done by or on behalf of the Developer on the Lands.
(2) The policy shall, (a) name the City of Pickering as an additional insured; (b) set the minimum limit at $5,000,000.00 all inclusive for property damage and
personal liability; (c) indicate “per occurrence”; (d) refer to “products and completed operations” only; if the policy contains an “aggregate amount”; (e) contain a clause including blasting, if blasting is to occur; and
(f) remain in full force and effect until the Final Acceptance Certificate has been issued by the City. (3) The policy premium shall be paid initially for a period of one year and the policy shall be renewed for further one-year periods until the Final Acceptance Certificate has been
issued by the City. (4) The Developer acknowledges that, the City may, at its discretion, draw upon the Developer’s Letter of Credit to pay for:
(a) the Developer’s policy premium to keep adequate insurance in place until such time as the City has issued the Final Acceptance Certificate; and (b) the City’s administration fee of $250.00, plus HST, per renewal, if at any time, prior to the Final Acceptance Certificate being issued by the City, the
insurance policy referred to above is cancelled. (5) The provision of the insurance policy required by this section shall not relieve the Developer from liability for claims not covered by the policy or which exceed its limits, if any, for which the Developer may be held responsible.
22. Developer’s General Indemnity Until the Director, Engineering Services has issued the Final Acceptance Certificate for the Works, the Developer shall indemnify the City from all losses, damages, costs, expenses,
claims, demands and actions of every nature and kind whatsoever, including death or injury (collectively referred to as ‘losses’), arising directly or indirectly from the failure to construct the Works pursuant to this Agreement or the Developer’s failure to comply in all respects with all other requirements under this Agreement, whether or not such losses are incurred by reason of negligence or on the part of the Developer and whether such losses are sustained by the
City, the Developer, or their employees, workmen, servants, agents or any other person or corporation. 23. Utility / Services
The Developer agrees that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Developer.
24. Other Approvals
Notwithstanding anything else contained in this Agreement, it is the responsibility of the Developer to obtain all permits and approvals from the Region of Durham, Toronto and Region Conservation Authority, Ministry of Natural Resources and Forestry, Ministry of the
Environment, Conservation and Parks and/or any other agency or utility company, as
necessary, respecting the Works. The Developer shall provide the City with a copy of all required permits and approvals.
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25. General Provisions
(1) The recitals at the head of this Agreement are true and accurate and form a part hereof.
(2) The parties hereto may only amend this Agreement by further agreement in writing executed by all parties hereto.
(3) All references to currency in this agreement shall be references to Canadian dollars.
(4) Words importing gender include all genders.
(5) The captions and headings contained herein are for reference only and in no way affect
this Agreement or its interpretation.
(6) In the event that any date specified or any date contemplated in this Agreement shall fall upon a day other than a business day, then such date shall be deemed to be the next following business day.
(7) This Agreement shall be construed and enforced in accordance with the laws of the
Province of Ontario and the laws of Canada applicable thereto and shall be treated in all respects as an Ontario contract.
(8) The Agreement shall enure to the benefit of and shall be binding upon the parties and their respective heirs, successors and permitted assigns.
(9) The Developer shall execute such further assurances as may be reasonably necessary
to give effect to this Agreement.
(10) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he", "she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be construed accordingly.
(11) Any reference made in this Agreement to a Director, it shall include the Director or
his/her designate.
(12) Schedule A attached hereto shall form part of this Agreement.
26. Binding Parties
This Agreement shall be enforceable by and against the parties hereto, their heirs, executors, administrators, successors and assigns, and the Agreement and all the covenants by the
Developer contained herein shall run with the Lands for the benefit of the City and the land or interests in land owned by the City upon the registration of the plan.
27. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and all of which taken together shall be deemed to constitute one and the same document. The execution of this Agreement will not become effective until counterparts hereof have been executed by all the parties hereto. Counterparts may be executed either in original or electronic form and the parties adopt any signatures received in electronic form as original signatures of the parties.
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In witness whereof the Developer and the City have duly executed this Agreement as of the date first written above.
Mattamy (Seaton) Limited
__________________________________________
Name: Title: __________________________________________
Name:
Title: I/We have the authority to bind the Corporation.
The Corporation of the City of Pickering
__________________________________________
Kevin Ashe, Mayor __________________________________________
Susan Cassel, City Clerk
D0222
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11
Schedule A
Certificate of Insurance
This is to certify that the insured is insured with the Insurance Company set out herein.
Name of Insured: Mattamy (Seaton) Limited
Insured Location(s): Part Lot 20,
Concession 4, being Part 4, 40R-24146
City File No.: D02/22
Insurance Company (Name and Address)
Type of Insurance
Policy
Number
Effective
Date
(yy/mm/dd)
Expiry Date
(yy/mm/dd)
Limits of Liability/Per Occurrence
Bodily Injury/Property
Damage - Inclusive
Commercial General Liability
General Aggregate $
Products – Comp/Op Aggregate
$
Excess Liability Umbrella
Each Occurrence $
Aggregate $
Environmental
Each Occurrence
$
Aggregate
$
Professional
Each Occurrence $ Aggregate $
Note: If insurance is placed in primary and excess layers, file separate certificates for each. Commercial General Liability - Including Personal Injury, Contractual Liability, Non-Owned Automobile Liability, Owner’s and Contractor’s Protective Coverage, Products - Completed Operations, Contingent Employer’s Liability, Cross Liability Clause and Severability of Interest Clause. The Corporation of the City of Pickering has been added as an additional insured under the Commercial General Liability Policy, but only with respect to its interest in the operations of the named insured. This is to certify that the Policy of Insurance as described above has been issued by the undersigned to the insured named above and is in force at this time. In the event that blasting or the use of explosives becomes
necessary, the City will be provided with an amended Policy. Thirty (30) days prior written Notice, by registered mail, will be given by the insurer(s) to the City of Pickering if
this Policy is cancelled or if any material change occurs that would, for any reason, affect this Certificate or the City of Pickering as outlined in the coverage specified herein. Notice will be given to: The Corporation of the City of Pickering, Attention: Legal Services, Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7. This certificate is executed and issued to the City of Pickering the day and date written below:
Date Name of Insurance Company (not broker)
Name and Address of Insurance Broker Phone No.: Email Address:
Authorized Representative or Official By:________________________________________ Name:
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Attachment 2 to Report ENG 04-26
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Report to
Executive Committee
Report Number: INF 05-26
Date: April 7, 2026
From: Kevin Heathcote
Director, City Infrastructure
Subject:
Pike Court Storm Sewer Works
Request for Quotation No. Q2026-3
File: A-1440-001
Recommendation:
1. That the quotation submitted by Zilli Construction Ltd. in response to Request for
Quotation No. Q2026-3 for Pike Court Storm Sewer Works, in the amount of $76,015.00
(net HST) or $84,411.00 (HST included) be accepted;
2. That the total gross project cost of $96,235.00 (HST included), including the tendered
amount, a construction contingency and other associated costs, and the total net project
cost of $86,663.00 (net HST) be approved;
3. That Council authorize the Director, Finance & Treasurer to finance the total net project
cost of $86,663.00 as follows:
a. that the amount of $50,000.00 for capital project C10525.2505 Pike Court Storm Sewer
Works as approved in the 2025 Capital Budget to be funded by a transfer from
Stormwater Management Reserve Fund;
b. that additional funds of $36,663.00 for capital project C10525.2505 to be approved by a
transfer from the Stormwater Management Reserve Fund; and,
4. That the appropriate officials of the City of Pickering be authorized to take the actions
necessary to implement the recommendations in this report.
1.0 Executive Summary:
The purpose of this report is to award Request for Quotation No. Q2026-3 for Pike Court Storm
Sewer Works to Zilli Construction Ltd. As part of the 2025 Stormwater Management Capital
Budget, Pike Court Storm Sewer Works was approved as a construction project. The scope of
this project includes installation of a rear yard catchbasin to relieve associated flooding on
private property and connect to the existing storm sewer on Rosebank Road. This will also
provide storm sewer connection for future residential development on Pike Court.
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INF 05-26 April 7, 2026
Page 2
To facilitate the installation of these works, an easement is required over the vacant Pike Court
lot. This easement will allow for the installation of a catchbasin that can connect to the existing
pipe between the properties and provide access to the rear yards of 464 and 466 Rosebank
Road as well as future maintenance access.
Request for Quotation No. Q2026-3 was advertised on the City’s bids&tenders portal on
Monday, January 12, 2026, and closed on Tuesday, February 3, 2026, with 26 bids submitted.
The lowest compliant bid of $76,015.00 (net HST) or $84,411.00 (HST included) submitted by
Zilli Construction Ltd. is recommended for approval, subject to the receipt and approval of all
pre-conditions of award required in accordance with the bid document. The total gross project
cost which includes the tendered amount, a construction contingency, and other associated
costs is estimated at $96,235.00 (HST included) with an estimated total net project cost of
$86,663.00 (net HST).
2.0 Relationship to the Pickering Strategic Plan:
The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance
Innovation & Responsible Planning to Support a Connected, Well-Serviced Community.
3.0 Financial Implications:
Quotation Amount
Quotation Q2026-3
HST (13%)
$74,700.00
9,711.00
Total Gross Quotation Cost
HST Rebate (11.24%)
Total Net Quotation Cost
$84,411.00
(8,396.00)
$76,015.00
Estimated Project Cost Summary
Quotation Q2026-3
Associated Costs
Material Testing
Construction Contingency (12%)
Sub-total
$74,700.00
1,500.00
8,964.00
$85,164.00
HST (13%)
Total Gross Project Cost
11,071.00
$96,235.00
HST Rebate (11.24%) (9,572.00)
Total Net Project Cost $86,663.00
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INF 05-26 April 7, 2026
Page 3
Approved Source of Funds
Description Account Code Source of
Funds
Available
Budget
Required
Pike Court Storm
Sewer Works
C10525.2505
504550
SWM Reserve
Fund $50,000.00 $86,663.00
Total Funds $50,000.00 $86,663.00
Project Cost under (over) approved funds by ($36,663.00)
4.0 Discussion:
The purpose of this report is to award Request for Quotation No. Q2026-3 for Pike Court Storm
Sewer Works to Zilli Construction Ltd.
The project addresses a longstanding rear‑yard drainage issue affecting properties on
Rosebank Road and Pike Court, where a temporary drainage configuration established during
the 2016 subdivision build‑out is no longer functioning as intended. The proposed works will
provide an interim engineered solution to mitigate flooding impacts until full redevelopment of
Pike Court occurs. The project supports the City’s ongoing efforts to address localized
drainage concerns and maintain safe and reliable stormwater infrastructure.
The drainage configuration affecting the Pike Court and south Rosebank neighbourhood
existed prior to the development of Staghorn Drive, Maitland Drive, and Pike Court. While the
subdivision development intercepted much of the overland flow north of Staghorn Drive,
drainage impacts south of Staghorn Drive remain.
In 2016, the properties at 464 and 466 Rosebank Road were developed with a temporary
swale system. At that time, a pipe capped at both ends was installed between these two
properties to allow for the future installation of a storm sewer that would capture drainage from
the lands behind the lots once Pike Court was extended further south. The rear yard catch
basin (RYCB) system could not be connected to the Rosebank Road storm sewer due to
downstream capacity constraints and full storm system upgrades were anticipated as part of
the future redevelopment and extension of Pike Court.
However, the anticipated redevelopment has not progressed as originally expected. Over time,
drainage conditions have progressively worsened, resulting in severe flooding impacts on
nearby properties. As a result, staff have identified the need for an interim engineered solution,
including the installation of a ditch inlet and storm sewer connection, to help mitigate flooding
risks until long-term redevelopment occurs.
To facilitate the installation of these works, an easement is required over a portion of the
vacant Pike Court lot. This easement will allow for the installation of a catchbasin that can
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INF 05-26 April 7, 2026
Page 4
connect to the existing pipe between the properties and provide access to the rear yards of
464 and 466 Rosebank Road. Request for Quotation No. Q2026-3 was advertised on the
City’s bids&tenders portal on Monday, January 12, 2026, and closed on Tuesday, February 3,
2026, with 26 bids submitted. The lowest compliant bid of $76,015.00 (net HST) or $84,411.00
(HST included) submitted by Zilli Construction Ltd. is recommended for approval, subject to the
receipt and approval of all pre-conditions of award required in accordance with the bid
document. The total gross project cost which includes the tendered amount, a construction
contingency, and other associated costs is estimated at $96,235.00 (HST included) with an
estimated total net project cost of $86,663.00 (net HST).
Upon careful examination of all bids and relevant documents received, the City Infrastructure
Department recommends acceptance of the lowest compliant bid submitted by Zilli
Construction. Ltd. for Request for Quotation No. Q2026-3 in the amount of $76,015.00 (net
HST) or $84,411.00 (HST included), and that the total net project cost of $86,663.00 (net HST)
be approved.
Attachments:
1. Location Map
Prepared By: Cynthia Islam, Manager, Capital Projects & Infrastructure
Approved/Endorsed By: Cathy Bazinet, Manager, Procurement
Approved/Endorsed By: Kevin Heathcote, Director, City Infrastructure
Approved/Endorsed By: Stan Karwowski, Director, Finance & Treasurer
CI:mjh
Recommended for the consideration of Pickering City Council By:
Marisa Carpino, M.A.
Chief Administrative Officer
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Attachment 1 to Report INF 05-26
- 86 -
Report to
Executive Committee
Report Number: SUS 01-26
Date: April 7, 2026
From: Kyle Bentley
Director, City Development & CBO
Subject:
Pickering Environmental Schools Grant
Results of the 2025 Funding
File: D-7000-007
Recommendation:
1. That Report SUS 01-26 regarding the Pickering Environmental Schools Grant be
received for information.
1.0 Executive Summary:
The purpose of this report is to present an overview of the student activities enabled by the
City’s 2025 Environmental Schools Grant program. On October 21, 2019, Council approved
the creation of a Pickering Environmental Schools Grant (Resolution #154/19). The purpose of
the grant was to provide Pickering students with the opportunity to implement activities that
contribute to a healthy environment.
The Durham District School Board (DDSB) and the Durham Catholic District School Board
(DCDSB) each had access to up to $15,000.00 for their respective schools. The Viamonde
School Board (VSB) could apply for up to $1,500.00, which was reflective of there being only
one joint elementary and secondary school site in Pickering. Staff worked with the three school
boards to communicate the grant opportunity to their respective schools. Eight schools applied
and a total of $24,396.88 was allocated in funding in 2025.
The DDSB, the DCDSB, and the VSB each provided a report outlining the projects that were
undertaken (see Attachments 1, 2, and 3). The reports outline how Pickering’s Environmental
Schools Grant provided equitable access for hundreds of students to be engaged in fun,
educational, and meaningful activities they otherwise would not have been able to pursue.
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SUS 01-26 April 7, 2026
Page 2
2.0 Relationship to the Pickering Strategic Plan:
The recommendations in this report respond to the Pickering Strategic Plan Priority of Lead &
Advocate for Environmental Stewardship, Innovation & Resiliency; and Strengthen Existing &
Build New Partnerships.
3.0 Financial Implications:
The cost of the Environmental Schools Grant program is funded from the casino reserve within
the adopted 2025 Budget.
4.0 Discussion:
The purpose of this report is to present an overview of the student activities enabled by the
City’s 2025 Environmental Schools Grant program. The parameters outlined in the
Environmental Schools Grant Application Guidelines ensured that the funded
activities/programs achieved the following:
• positively impacted the Pickering community and residents;
• directly supported the City’s goal to continuously improve environmental sustainability; and,
• had clear measurable benefits and results.
A total of eight schools from DDSB, DCDSB and the VSB participated in the 2025 program,
and they recognized the City’s contribution in various ways including:
• eNewsletter;
• school website and social media;
• classroom communications;
• school assembly;
• Parent Council meetings;
• outdoor signage; and,
• school yearbook.
Through the 2025 City of Pickering Environmental Schools Grant, students achieved the
following initiatives:
• created flower garden beds with native plants to attract pollinators, and used these gardens
to teach grade three students about the life cycle of plants;
• completed a Ride or Roll to School campaign, and purchased bicycle and scooter racks;
• purchased materials to build an outdoor learning environment (e.g., wooden benches) and
outdoor exploration materials (e.g., magnifying glasses);
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SUS 01-26 April 7, 2026
Page 3
• developed educational and interactive workshops to gather citizen science data for both
plants and soil, while also considering the impact of nature-learning on mental health and
wellbeing;
• purchased Monarch Butterfly kits to teach and observe the monarch lifecycle; and,
• purchased vegetable and fruit garden materials, such as seeds and soil, to enhance their
garden and outdoor learning space.
A portion of the approved Environmental Schools Grant funding allocated to DCDSB was not
utilized during the 2025 program year due to unforeseen administrative changes at the school
level that affected project implementation. These changes resulted in delays that prevented the
school from proceeding with the approved initiative within the required program timeframe. By
the time City staff were informed of the situation, it was near the end of the program year,
leaving insufficient time to reallocate the funding to another eligible school.
Going forward, schools will be required to notify the City of Pickering within 30 days of any
administrative or operational changes that could affect project delivery. In addition, minor City
procedural changes will help improve communication with the schools. Together, these
measures will support effective use of approved funding and allow funds to be reallocated, if
necessary.
Schools have inquired about applying for funds in 2026. The City’s 2026 Budget offers DCDSB
and the DDSB access to up to $15,000.00 (each) for their respective schools, and $1,500.00
for the VSB.
The attached reports provide a brief overview and photographs of the work that was
completed. Through the Environmental Schools Grant, many schools were able to deliver
meaningful projects that they may have otherwise not been able to undertake. The City of
Pickering’s grant provided opportunities for local students to expand their knowledge about
environmental matters and share their experience with family and friends. These efforts will
help Pickering’s future decision-makers gain a sense of empowerment about the role they play
in environmental stewardship and living sustainably in their neighbourhood and the City.
Attachments:
1. Durham District School Board 2025 Environmental Grant Final Report
2. Durham Catholic District School Board 2025 Environmental Grant Final Report
3. Viamonde School Board 2025 Environmental Grant Final Report
Prepared By: Melanie Edmond, HBSc., Coordinator, Sustainability
Prepared By: Chantal Whitaker, BESc (Hons), CSR-P, Manager, Sustainability & Strategic
Environmental Initiatives
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SUS 01-26 April 7, 2026
Page 4
Approved/Endorsed By: Kyle Bentley, P. Eng., Director, City Development & CBO
Approved/Endorsed By: Stan Karwowski, CPA, CMA, MBA, Director, Finance & Treasurer
ME:ld
Recommended for the consideration of Pickering City Council By:
Marisa Carpino, M.A.
Chief Administrative Officer
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Attachment 1 to Report SUS 01-26
Durham District School Board
Pickering Environmental Schools Grant 2025
Final Report
- 91 -
City of Pickering Environmental Schools Grant
Final Report 2025
As of the end of 2025 the following schools have completed their
Environmental Schools Grant projects in partnership with the City of
Pickering.
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Elizabeth B. Phin Public School:
The project involved the creation of a white cedar planter-box (flowerbed) to the north of the
Kiss and Ride lanes that run east west along Rougemount Drive. The idea was to teach our
students about the life cycle of plants (Grade Three curriculum) and then have them plant bulbs
(tulips and daffodils) in the late fall with the intention being of having these same students water
and take care of the bulbs when they emerge in the spring. In addition to this, we are beautifying
the streetscape of our school and of Rougemount Avenue, benefitting not only E B Phin, but our
local community too. The funds were used for the construction of the planter. This project is
ongoing; the first set of tulip and daffodil bulbs were planted in the late fall. 60 tulip bulbs and 80
daffodil bulbs were planted. The intention is that when the bulbs have emerged and bloomed,
that a second planting of other plants - possibly Hostas and/or native species will take place so
that the flowerbed will be in "bloom" from early April until the plants die off in the fall. All of the
planting is preceded by curriculum instruction around the life cycle of plants, together with
instructions on how to plant. We were very grateful to be joined by one of our local contractors,
Mr. Matt Haubold and his daughter, who both braved the cold weather and came out to show
our students exactly how to plant the bulbs.
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William Dunbar Public School:
The funds were utilized to enhance the outdoor learning environment for Kindergarten and
primary students. This included providing a dedicated yard space and structures, as well as
essential materials—such as magnifying glasses, clipboards, wagons, and visual aids of local
animals, flora and fauna—to actively encourage outdoor exploration and inquiry-based learning.
The activities described contribute to environmental benefits primarily through: Promoting
Environmental Stewardship: The project encourages students to "look after their environment"
by participating in hands-on activities, specifically the planting and care of plants. This fosters a
sense of responsibility toward nature and allows for the careful exploration of how butterfly's
help our environment. Encouraging Outdoor Inquiry: By providing materials for exploration
(magnifying glasses, clipboards) and a dedicated outdoor space, the project promotes direct
interaction with and appreciation for the natural environment. We started our exploration late
this Fall and are excited to continue it in the Spring/Summer.
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Westcreek Public School:
Project 1: Our project included two large garden beds with well over 30 flowers. Funds were
used to purchase two raised garden beds, garden soil, and flowers. Our garden provides a
habitat for local pollinators, such as our bees and butterflies which supports biodiversity in our
area. Our flowers help to stabilize soil, reduce erosion and improve soil health. The garden
provides a unique opportunity for students and our local community to learn about
environmental sustainability and biodiversity. This hands-on experience has helped students to
take action and make a positive impact on the environment. We will continue to promote
environmental sustainability, support biodiversity and create a beautiful and educational space
for our students to enjoy.
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Project 2: Caterpillars, caterpillar food and 3 caterpillar/butterfly habitats were purchased from
Monarch Butterflies. Our 3 kindergarten classes each raised butterflies within their classrooms,
observing and documenting the butterfly lifecycle. The butterflies were released into
Westcreek's Pollinator Garden. 31 butterflies in total were released. Children learned about the
importance of pollinators, and about the lifecycle of butterflies. 31 butterflies were released into
our school's pollinator garden. We had three releasing events as each class went outside to
release the butterflies they raised.
Project 3: The grant funds were utilized for the purchase of 4 new bike racks. The 4 new racks
provide 28+ new spaces for student bike parking and will allow us to add new locations around
the school where we do not currently have racks available.
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Attachment 2 to Report SUS 01-26
Durham Catholic District School Board
Pickering Environmental Schools Grant 2025
Final Report
- 97 -
Durham Catholic District School Board
Pickering Environmental Schools Grant 2025
Final Report
St. Mary Catholic Secondary School:
St. Mary Catholic Secondary School used the funds to build, plant and improve their Outdoor
Classroom. The funds were used to plant 6 trees, mulch and compost. Once the project was
complete teachers signed out the space for outdoor lessons.
This project engaged the St. Mary community, St Mary Ed Team (50 students), the eco team
(20 students) and retreat leaders.
St. Mary’s acknowledged the City of Pickering through the school website, yearbook, Twitter
and Instagram.
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St. Monica Catholic School:
St. Monica Catholic School was awarded funds from the City of Pickering’s Environmental
School Grant to support sustainable transportation and environmental awareness among
students. As part of this initiative, the school hosted a “Ride or Roll to School” event,
encouraging students to bike, scooter, or walk to school to reduce carbon emissions and
promote healthy living. To enhance the long-term impact of the initiative, the grant funds were
used to purchase and (later install) two scooter racks, complementing the existing bicycle
racks outside the school. These additions provide secure and accessible storage for students
who choose eco-friendly modes of transportation, reinforcing the school’s commitment to
environmental stewardship and active living. Over 100 students participated in the “Ride or
Roll to School” event, demonstrating strong community engagement and interest in
sustainable transportation. This project not only supports the school’s eco goals but also
fosters a culture of sustainability and community engagement.
The City of Pickering was thanked in school newsletters, social media posts, and during school
announcements related to the initiative. Acknowledgment signage was placed near the newly
installed scooter racks, highlighting the City’s role in funding the project. The initiative was also
shared with families and the broader community.
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1
Attachment 3 to Report SUS 01-26
Viamonde School Board
École secondaire Ronald Marion
Pickering Environmental Schools Grant 2025
Final Report
- 100 -
2
Through the Pickering Environmental Schools Grant, SHSM students received the
SHSM certification offered by EcoSpark called Health and Wellness, under the School
Watch program. The students were able to participate in a health and wellness
workshop that happened both in-class and outside in the forest to gather citizen science
data for both plants and soil, while also considering the impact of nature-learning on
mental health and wellbeing. The school was also able to purchase citizen science kits
such as water and soil analysis kits through funding from the grant.
Twenty-three students attended the workshop. Fifteen students have indicated their
engagement in forming the committee to plan the Grade 7-10 students, with further
plans to engage more of the SHSM students as well as work with school clubs such as
the Health and Wellness club at the school.
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