HomeMy WebLinkAboutApril 10, 2007
Executive Committee Meeting
Agenda
Tuesday, April 1 0, 2007
7:30 pm
Council Chambers
Chair: Councillor Dickerson
(I)
MATTERS FOR CONSIDERATION
PAGES
1. Director, Operations & Emergency Services, Report OES 14-07 1 - 9
Municipal Bridge Maximum Gross Vehicle Weight Restrictions
- By-law to establish load limits
1. That Report OES 14-07 of the Director, Operations & Emergency
Services, regarding the establishment of safe load limits on municipal
bridges be received; and
2. That the attached draft by-law limiting the gross vehicle weight of any
vehicle or any class thereof, passing over certain bridges, under the
jurisdiction of the Corporation of the City of Pickering, be enacted.
2. Director, Operations & Emergency Services, Report OES 16-07 10 -19
Tender T-1-2007
- Tender for Bulmer Bridge and Reesor Bridge Rehabilitation
1. That Report OES 16-07 of the Director, Operations & Emergency
Services, regarding the Bulmer Bridge and Reesor Bridge Rehabilitation
be received;
2. That Tender T-1-2007 submitted by Marbridge Construction Limited for
Bulmer Bridge and Reesor Bridge Rehabilitation at a cost of $906,235.34
(GST included) be accepted;
3. That the total gross project cost of $ 1,153,745 (GST included) including
the tender amount, and other associated costs and the total net project
cost of $1,088,439 , be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to
finance the project as follows:
a) the sum of $ 372,525 to be funded from the Canada Ontario Municipal
Rural Infrastructure Fund (COMRIF) Grant Intake 1;
Executive Committee Meeting
Agenda
Tuesday, April 10,2007
7:30 pm
Council Chambers
Chair: Councillor Dickerson
b) the sum of $100,000 to be funded from the "Move Ontario"
Reserve;
c) the sum of $ 615,000 to be financed by the issue of debentures
through the Regional Municipality of Durham, over a period not
exceeding 10 years, at a rate to be determined;
d) the balance amount of $ 914 to be funded from the 2007 Current
Budget;
e) the annual repayment charges in the amount of approximately
$83,600 be included in the annual Current Budget for the City of
Pickering commencing in 2008, continuing thereafter until the loan
is repaid, and any financing cost to be paid out of the Current
Budget;
f) the Director, Corporate Services & Treasurer has updated the
City's 2007 Annual Repayment Limit and certified that this loan and
the repayment thereof falls within the City's Annual Repayment
Limit for debt and financial obligations, as established by the
Province for municipalities in Ontario, and would not cause the City
to exceed the updated Limit, and therefore, Ontario Municipal
Board approval was not required prior to City Council's
authorization;
g) the Treasurer is authorized to take any actions necessary in order
to effect the foregoing; and
5. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
3. Director, Operations & Emergency Services, Report OES 17-07 20-29
Tender T -3-2007
- Tender for Old Brock Road, Claremont
Road Reconstruction
Executive Committee Meeting
Agenda
Tuesday, April 10,2007
7:30 pm
Council Chambers
Chair: Councillor Dickerson
1. That Report OES-17 -07 of the Director, Operations & Emergency
Services, regarding the Old Brock Road, Claremont Road Reconstruction
be received;
2. That Tender T-3-2007 submitted by Wyndale Paving Company Limited for
Old Brock Road, Claremont Road Reconstruction at a cost of $368,016.10
(GST included) be accepted;
3. That the total gross project cost of $ 548,746 (GST included) including the
tender amount, and other associated costs and the total net project cost of
$517,685 be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to
finance the project as follows:
a) the sum of $275,000 to be funded from the "Move Ontario"
Reserve;
b) the sum of $242,000 to be financed by the issue of debentures
hrough the Regional Municipality of Durham, over a period not
exceeding 10 years, at a rate to be determined;
c) the balance amount of $685 to be funded from the 2007 Current
Budget;
d) the annual repayment charges in the amount of approximately
$32,900 be included in the annual Current Budget for the City of
Pickering commencing in 2008, continuing thereafter until the loan
is repaid, and any financing cost to be paid out of the Current
Budget;
e) the Director, Corporate Services & Treasurer has updated the
City's 2007 Annual Repayment Limit and certified that this loan and
the repayment thereof falls within the City's Annual Repayment
Limit for debt and financial obligations, as established by the
Province for municipalities in Ontario, and would not cause the City
to exceed the updated Limit, and therefore, Ontario Municipal
Board approval was not required prior to City Council's
authorization;
Executive Committee Meeting
Agenda
Tuesday, April 10,2007
7:30 pm
Council Chambers
Chair: Councillor Dickerson
f) the Treasurer is authorized to take any actions necessary in order
to effect the foregoing; and
5. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
4.
Director, Corporate Services & Treasurer, Report CS 17-07
New Bingo Revenue Model
30- 42
1. That Report CS 17-07 of the Director, Corporate Services & Treasurer be
received;
2. That the draft by-law included as Attachment 1 to provide for the licensing
of Bingos, Raffles and Other Lottery Schemes be enacted; and,
3. That the appropriate staff of the City of Pickering be given authority to give
effect thereto.
(II) OTHER BUSINESS
(III) ADJOURNMENT
REPORT TO
EXECUTIVE COMMITTEE
Report Number: OES 14-07
Date: April 1 0, 2007
On'
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From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Municipal Bridge Maximum Gross Vehicle Weight Restrictions
- By-law to establish load limits
File: A-2130
Recommendation:
1. That Report OES 14-07 regarding the establishment of safe load limits on
municipal bridges be received; and
2. That Council pass the attached Draft By-law limiting the gross vehicle weight of
any vehicle or any class thereof, passing over certain bridges, under the
jurisdiction of the Corporation of the City of Pickering
Executive Summary: The Highway Traffic Act and Bridge Act require that every
bridge and or structure be kept safe and in good repair through periodic inspections
under the direction of a Professional Engineer and in accordance with the provisions of
the Ontario Structure Inspection Manual, or equivalent. The City of Pickering retains
Totten Sims Hubicki Associates to perform regular bridge inspections (every 2 years).
Further, The Highway Traffic Act establishes that municipalities "having jurisdiction over
a bridge may by by-law limit the gross vehicle weight of any vehicle or any class thereof
passing over the bridge".
Subject to the above, staff hereby present a proposed by-law which repeals the
previously established associated by-law and sets new maximum weight load limits on
the three bridges under the jurisdiction of the City which have been deemed through the
Engineer's inspection to require weight load limits.
Financial Implications: This review is part of a comprehensive inspection
undertaken every two years to conform with legislation. There are no other financial
implications associated with the passing of this by-law.
Report OES 14-07 April 10, 2007
Subject: Municipal Bridge Maximum Gross Vehicle Weight Restrictions
o 0 ;2 By-laws to establish load limits Page 2
Sustainability Implications: This report and the recommendations as generated by
staff are relevant to the social lens of sustainability by addressing municipal compliance
with legislative requirements, public safety and traffic operations and their impacts on
municipal infrastructure management and preservation.
Background: In September 2004, staff presented report OES 32-04 to the
Executive Committee. The report, as adopted by the Committee and approved by
Council:
. identified the maximum vehicle load limits established as a result of the
inspections on the three (3) bridges currently under the jurisdiction of the City of
Pickering to which load limits apply
. presented for Council endorsement, the draft by-law necessary for bridge load
designation
. established the necessary schedules for signature by two Professional
Engineers certifying the safe load limits and the duration for which the limits
apply
City of Pickering By-law 6382/04 established the maximum gross vehicle weight load
limits for the following three bridges under the jurisdiction of the City of Pickering (for
location see map attached):
Bridqe Location
Bridqe
Number
Maximum Gross Vehicle Weiqht
Previous By-law
Proposed By-law
Sideline 34
(0.4 km south of Eighth
Concession Road)
7004
11 tonnes
11 tonnes
Eighth Concession Road
(0.10 km west of Sideline 34)
8001
15 tonnes
15 tonnes
Pickering/Uxbridge Townline
(0.10 km east of Sideline 30)
10002
11 tonnes
11 tonnes
As the two year certification periods identified on Schedules "B" to By-law 6382/04,
have expired, the affected municipal bridges have been re-inspected and re-certified.
Totten Sims Hubicki Associates (TSH) was retained by the City of Pickering in 2006 to
re-inspect approximately fifty six bridge and culvert structures on the City road system,
as an update to the 2004 re-inspection program. Their report prioritizes the
CORP0227-07/01 revised
Report DES 14-07
April 1 0, 2007
Subject: Municipal Bridge Maximum Gross Vehicle Weight Restrictions
By-laws to establish load limits
Page 3
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maintenance, repair and replacement works for these structures and determines
structures that are required to be posted with a load limit.
The proposed new by-law attached sets the new (same as previous limits) maximum
gross vehicle weights and the durations for which they apply.
Although a sample schedule has been provided with the attached draft by-law, if
passed by Council, a completed schedule will be signed and sealed by two (2)
professional engineers as a requirement of the legislation and will form part of the new
by-law.
Attachments:
1. Letter from Totten Sims Hubicki Associates dated January 16, 2007
2. Location Map
3. Draft by-law and Schedules
r tB ts
Director
Operations & Emergency Services
RH:mp
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City. c;r iI .1
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TiJtt,~;.; 3irns ~-jC;<::<j,4,ssociates
300 '/~/ater Str"et
Whitby, Ontario, Canada L 1 N 9J2
(905) 668-9363 Fax: (905) 668-0221
E-mail: tsh@tsh.ca www.tsh.ca
engineers
architects
planners
(HI !'
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January 16th, 2007
City of Pickering
Administration Department
Pickering Civic Complex
One The Esplanade
Pickering, Ontario, Ll V 6K7
Attention:
Ms. Debi Bentley
City Clerk
Re: City of Pickering Bylaws
6382/04 - Sideline 34 - Bridge No. 31
6382/04 - 8th Concession Road - Bridge No. 32
6382/04 - Pickering/Uxbridge Townline - Bridge No. 43
Dear Ms. Bentley:
TSH was retained by the City in 2006 to reinspect all large structures on municipal road allowances to
satisfy legislated requirements.
We have reinspected the above noted structures and note that bylaw 6382/04 respecting posted load
limits expired in November, 2006.
Our updated recommendations for load postings are as follows:
· Bridge No. 7004 - Sideline 34 - 11 tonne load posting to remain
· Bridge No. 8001 - Concession 8 - 15 tonne load posting to remain
· Bridge No. 10002 - Pickering/Uxbridge Townline - 11 tonne load posting to remain
Please note Bridges 31, 32 and 43 in Bylaw 6382/04 were renamed Bridges 7004, 8001 and 10002
respectively in the 2006 Update.
Please prepare new load limit posting bylaws for Bridges 7004, 8001 and 10002 and forward to the
undersigned two (2) certified copies of the Bylaws which require completion of the engineers statement
verifying the gross vehicle weight limits specified in Section 2 of the Bylaws.
Yours ;}
D. C. Behm, P. Eng.
DeB/dh
~ pc R. Holborn, P. Eng.
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ATTACHMENT #2 TO OES 14-07
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Legend ( 700~ City of Pickering Bridge Number
-----..------..----.-----.---...-.--.-..-.--- -_._-Q-------
OPERATIONS & EMERGENCY C' .A
SERVICES DEPARTMENT ENGINEERING REPORT dll "'f
MUNICIPAL PROPERTY & 1&1 .
ENGINEERING DIVISION
'l'.'CALE. D.......TE. BRIDGE LOAD BY-LAW
N.T.S. MAR 13, 2007
- ~._~--- -----------------
C\MY DOCUMENTS\TRAFfIC\FORMS AND WARRANTS\FORM fiElD OBSERVAIIONS lETTER.COR
ATTACHMENT #3 TO OES 14-07
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /07
Being a By-law to limit the gross vehicle
weight of any vehicle or class thereof passing
over a bridge under the jurisdiction of the
Corporation of the City of Pickering pursuant
to the Highway Traffic Act, RS.O. 1990,
c.H.8, as amended.
WHEREAS, pursuant to Section 123 (2) of the Highway Traffic Act RS.O. 1990 c.H.8,
as amended, the municipal corporation or other authority having jurisdiction over a
bridge may by by-law, limit the gross vehicle weight of any vehicle or class thereof
passing over the bridge.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. In this by-law "gross vehicle weight" means the total weight in tonnes transmitted
to the highway by a vehicle or combination of vehicles and load.
2. No vehicle or combination of vehicles or any class thereof, whether empty or
loaded, shall be operated over those bridges as set out in Column 1 of Schedule
A to this by-law where the gross weight exceeds that set out in Column 2 of
Schedule A to this by-law.
3. This by-law shall not become effective until a notice of the maximum limit of
gross vehicle weight permitted, legibly printed, has been posted in a conspicuous
place at each end of the bridge.
4. Any person violating the provisions of this by-law is guilty of an offence and on
conviction is liable to a fine as provided in the Highway Traffic Act, RS.O. 1990,
c. H.8, as amended from time to time.
5. That the engineers statement verifying the gross vehicle weight limit specified in
Section 2 of this by-law are set out in Schedule B, attached and forms part of this
by-law.
6. By-law Number 6382/04 is repealed.
BY-LAW read a first, second and third time and finally passed this
2007.
day of
ATTACHMENT #3 TO OES 14-07
2 of 4
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David Ryan, Mayor
Debi Bentley, Clerk
ATTACHMENT #3 TO OES 14-07
3 of 4
SCHEDULE A
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BY-LAW /07
COLUMN 1 COLUMN 2
BRIDGE LOCATION MAXIMUM GROSS VEHICLE WEIGHT
Sideline 34, .0.4km south of 11 tonnes
Eighth Concession Road
Eighth Concession Road, 15 tonnes
0.10km west of Sideline 34
Pickering/Uxbridge Townline, 11 tonnes
0.10km east of Sideline 30
ATTACHMENT #3 TO OES 14-07
4 of 4
SCHEDULE B
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BY-LAW /07
and
professional engineers of the consulting firm Totten Sims Hubicki Associates, have
reviewed the restriction of the gross vehicle weight passing over the bridges as
identified in the above noted by-law.
Effective as of the date of approval of the bylaw, I agree with the recommended gross
vehicle weight limit as set out in By-law /07 for a period of twenty four (24)months.
Signed
Signed
Dated
CiUI o~
REPORT TO
EXECUTIVE COMMITTEE
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Report Number: OES 16-07
Date: April 1 0, 2007
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Tender T -1-2007
- Tender for Bulmer Bridge and Reesor Bridge Rehabilitation
- File: A-2130
Recommendation:
1. That Report OES-16-07 regarding the Bulmer Bridge and Reesor Bridge
Rehabilitation be received;
2. That Tender T-1-2007 submitted by Marbridge Construction Limited for Bulmer
Bridge and Reesor Bridge Rehabilitation at a cost of $906,235.34 (GST included)
be accepted;
3. That the total gross project cost of $ 1,153,745 (GST included) including the
tender amount, and other associated costs and the total net project cost of
$1,088,439 , be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to finance
the project as follows:
(a) the sum of $ 372,525 to be funded from the Canada Ontario Municipal
Rural Infrastructure Fund (COMRIF) Grant Intake 1;
(b) the sum of $100,000 to be funded from the "Move Ontario" Reserve;
(c) the sum of $ 615,000 to be financed by the issue of debentures through
the Regional Municipality of Durham, over a period not exceeding 10
years, at a rate to be determined;
(d) the balance amount of $ 914 to be funded from the 2007 Current Budget;
(e) the annual repayment charges in the amount of approximately $83,600 be
included in the annual Current Budget for the City of Pickering
commencing in 2008, continuing thereafter until the loan is repaid, and
any financing cost to be paid out of the Current Budget;
(e) the Director, Corporate Services & Treasurer has updated the City's 2007
Annual Repayment Limit and certified that this loan and the repayment
thereof falls within the City's Annual Repayment Limit for debt and
Report OES 16-07
April 1 0,2007
Subject: Tender for Bulmer Bridge and Reesor Bridge Rehabilitation
Tender T-1-2007
Page 2
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financial obligations, as established by the Province for municipalities in
Ontario, and would not cause the City to exceed the updated Limit, and
therefore, Ontario Municipal Board approval was not required prior to City
Council's authorization;
(g) the Treasurer is authorized to take any actions necessary in order to effect
the foregoing; and
5. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Executive Summary: As part of the 2005 Roads Capital Budget, Bulmer Bridge
and Reesor Bridge Rehabilitation was approved as a construction project subject to
COMRIF approval. In August of 2005 a Request for Proposal (RFP-8-2005) was issued
for the detail design and tender specifications for the rehabilitation of the two bridge
decks. This work was awarded to R.V. Anderson who completed the work in the Fall of
2006. Tender T-1-2007 was issued on Tuesday, February 13, 2007 and closed on
Wednesday, February 28, 2007 with eight (8) bidders responding. The total gross
project cost is estimated to be $1,153,745 for an estimated net cost to the City of
$1,088,439 (net of GST rebate).
The City's purchasing policy requires staff to report to Council on results of the tender
and financing in order to proceed with this project in a timely manner.
Financial Implications:
1.
TENDER AMOUNT
T-1-2007
GST - 6%
Sub-Total
GST Rebate
Total
$854,939.00
51,296.34
906,235.34
(51,296.34 )
$854,939.00
2005 Source of Funds Debt Total Required
COMRIF Grant
Reesor Bridge 5320.0509 178,200 89,100 267,300 267,300
Bulmer Bridge 5320.0510 194,325 97,175 291 ,500 291,500
Total - 2005 372,525 186,275 558,800 558,800
Report OES 16-07
Subject: Tender for Bulmer Bridge and Reesor Bridge Rehabilitation
Tender T-1-2007
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April 10, 2007
Page 3
APPROVED SOURCE OF FUNDS
Roads Ca ital Bud et
Location 2007
Move Ontario
Debt
Reesor Bridge
Bulmer Bridge
07 -2320-009-14
07 -2320-009-13
Total- 2007
Total- 2005 & 2007
100,000
o
100,000
472,525
o
640,000
640,000
826,275
100,000
640,000
740,000
1,298,800
Total Required
100,000
429,639
529,639
1,088,439
Summary of Financinq Required
COMRIF Grant - Intake 1
"Move Ontario" Reserve
Debt (10 - year)
Current Funds
Total Funds
Amount
$372,525
100,000
615,000
914
~1.088,439
3.
ESTIMATED PROJECT COSTING SUMMARY
T-1-2007 - Tender for Bulmer Bridge and Reesor Bridge
Rehabilitation
Associated Costs
Materials Testing
Miscellaneous Costs
Consultant Fees
TRCA Restoration Requirements
Construction Contingency
GST
Total Gross Project Cost
GST Rebate
Total Net Project Cost
4.
Project Cost under (over) Approved Funds
$854,939
10,000
10,000
103,500
20,000
90,000
1,088,439
65,306
$1,153,745
(65,306)
$1,088,439
$210,571 I
Report OES 16-07
April 1 0, 2007
Subject: Tender for Bulmer Bridge and Reesor Bridge Rehabilitation
Tender T-1-2007
Page 4
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The Director, Corporate Services & Treasurer has reviewed the budgetary implications
and the financing of the expenditures contained in this report and concurs.
Sustainability Implications: The bridge deck rehabilitations and associated geometric
roadworks will improve traffic flows in these areas, enhancing the quality of life for the
residents and commuters traveling over these bridges.
The new deck rehabilitations have an estimated life expectancy of 25 years. The net
result of this will be lower maintenance costs for the next several years. Rehabilitation
extends the life of an existing asset, and deters the need to replace the existing
structure thereby requiring less construction materials and activities.
Background: As part of the Roads Capital 2005 Budget, Bulmer Bridge and Reesor
Bridge Rehabilitation was identified as a construction project subject to COMRIF
approval. A Request for Proposal (RFP-8-2005) was issued for the detail design and
contract administration, which was awarded by Council in Report OES-35-05 to R.V.
Anderson Associates Limited. During the structural evaluation and analysis of the
Bulmer Bridge by R.V. Anderson it was determined that in order to widen the bridge to
meet the current Canadian Highway Bridge Design Code for two lanes of traffic we
would have to strengthen the bridge. At this point the scope of project for the Bulmer
Bridge had changed. In order to proceed with the detail design of both bridges further
geotechical information was required due to the lack of structural information for both
bridges, which pre-dated the 1940's.
Upon completion of the geotechnical investigation and detail design a new cost estimate
was requested for both projects. In the case of the Reesor Creek Bridge based on the
latest project cost estimate, an additional $100,000 of funding was required in the 2007
Capital Budget. In the case of the Bulmer Bridge, where the scope has changed
dramatically to include additional bridge and road works, based on the project cost
estimate additional funding of $640,000 was required in the 2007 Capital Budget.
Tender T-1-2007 was issued on Tuesday, February 13, 2007 and closed on
Wednesday, February 28, 2007 with eight (8) bidders responding. The total gross
project cost is estimated to be $1,153,745 for an estimated net cost to the City of
$1,088,439 (net of GST rebate). Marbridge Construction Limited References have been
checked and are deemed acceptable by the Supervisor, Engineering & Capital Works.
The Health & Safety Policy, current WSIB Council Amendment to Draft #7 (CAD-7),
Certificate of Clearance issued by Workplace Safety & Insurance Board and Certificate
of Insurance as submitted by Marbridge Construction Limited have been reviewed by
the Coordinator, Health & Safety and are deemed acceptable. Credit information as
provided by D & B for Marbridge Construction Ltd. has been reviewed by the Senior
Purchasing Analyst and in conjunction with staff's review of the contractor's previous
Report OES 16-07
April 1 0, 2007
Subject: Tender for Bulmer Bridge and Reesor Bridge Rehabilitation
Tender T-1-2007
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Page 5
work experience and the bonding available on this project, the tender is deemed
acceptable.
Upon careful examination of all tenders and relevant documents received, the
Operations & Emergency Services Department, Municipal Property & Engineering
Division recommends the acceptance of the low bid submitted by Marbridge
Construction Limited. for Tender T-1-2007 in the amount of $906,235.34 (GST included)
and that the total net project cost of $1 ,088,439 be approved.
This report has been prepared in conjunction with the Manager, Supply & Services who
concurs with the foregoing.
Attachments:
1. Location Map
2. Supply & Services Memorandum dated February 28, 2007
Prepared By:
Approved I Endorse By:
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DarJ B. Selsky, C.E.T., M ITI
Supervisor Engineering & Capital Works
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Vera A. Felgemacher,
C.P.P., CPPO, CPPB, C.P.M, CMM III
Manager, Supply & Services
I IS . Paterson
Director, Corporate Services & Treasurer
Report OES 16-07
Subject: Tender for Bulmer Bridge and Reesor Bridge Rehabilitation
Tender T-1-2007
April 10, 2007
e15
Page 6
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Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City CoUITC"
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MUNICIPAL PROPERTY & ENGINEERING
Attachment for Tender T-01-2007
BULMER and REESOR BRIDGE
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PROPOSED CONSTRUCTION INCLUDES:
Bridge Deck Rehabilitation including new concrete handrails, parapet walls and
approach road works as required.
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CORPORATE SERVICES DEPARTMENT
MEMORANDUM
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February 28, 2007
To: Richard Ho/born
Division Head
Municipal Property & Engineering
/ Darrell Selsky
Supervisor, Engineering & Capital Works
From:
Vera A. Felgemacher
Manager, Supply & Services
Subject:
Tender No. T-1-2007
Tender for Bulmer Bridge and Reesor Bridge Rehabilitation
CLOSING: Wednesday, February 28,2007
Tenders have been received for the above project. Seven companies were
invited to participate. An advertisement was placed in the Daily Commercial
News, News Advertiser and on the City's Website yielding interest from
additional bidders and a total of 15 companies picked up a tendering package
for a non-refundable fee of $100.00. A mandatory site visit was held on
Thursday, February 22, 2007, 10 bidders attended of which 8 bidders
responded and submitted a tender for this project.
A copy of the Record of Tenders Opened and Checked used at the public
tender opening is attached. Tenders shall be irrevocable for 90 days after
the official closing date and time.
Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking
tendered unit prices and extensions; unit prices shall govern and extensions
will be corrected accordingly, which has been done.
All deposits other than the low three bidders may be returned to the applicable
bidders as provided for by Purchasing Procedure No. PUR 010-001, Item
10.03(w). Therefore, the tenders of the low three (3) bidders are attached for
review.
....."1
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Richard Holborn !'3j~!\1ENT#_~;~;'f '/ REPORT#--:.." February 28,2007
Tender No. T - 1 - 2007 ~.~ o._,,;;J..__. Page 2
C 1 S SUMMARY
(PST included, GST included)
Bidder Total Tendered After Calculation
Amount $ Check $
Marbridge Construction Ltd. 906,235.34 906,235.34
Bob Hendrickson Construction Ltd. 981,143.95 981,143.95
Miller Paving Limited 1,081,486.93 1,081,486.93
Land Construction Co. Ltd. 1,147,513.60 1,147,513.60
Concrete USL Ltd. 1,150,446.76 1,160,971.36
Anscon Contracting Inc. 1,164,398.50 1,164,398.50
Todd Bros. Construction 1,218,196.01 1,218,196.01
Elirpa Construction & Materials 1,756,269.33 1,756,269.33
T orbridge Construction UNABLE TO BID
Pursuant to Information to Bidders Item 21, the following will be requested of the
low bidder for your review during the evaluation stage of this tender call. Please
advise Supplv & Services as soon as possible if we are to proceed in this
direction.
(a) a copy of the Health and Safety Policy to be used on this project;
(b) a copy of the current Cost and Frequency Report issued by Workplace Safety &
Insurance Board (in lieu of the Cost and Frequency document, a copy of the current
CAD 7, NEER, or MAP reports may be submitted);
(c) a copy of the current Certificate of Clearance issued by Workplace Safety &
Insurance Board; and
(d) the City's certificate of insurance completed by the bidder's agent, broker or insurer.
Include the following items in your Report to Council:
(a) if items (a) through (d) noted above, are acceptable to the Safety & Training Co-
ordinator;
(b) any past work experience Marbridge Construction Ltd. including work location;
(c) without past work experience, if reference information is acceptable;
(d) the appropriate account number(s) to which this work is to be charged;
(e) the budget amount(s) assigned thereto;
(f) Treasurer's confirmation of funding;
(g) related departmental approvals;
(h) any reason(s) why the low bid of Marbridge Construction Ltd. is not acceptable; and
(i) related comments S~CifiC to the project.
If you require further in'.. rmation, please feel free to contact me or a member of
Supply & Services. ,
. d.~
Vera A. Felgemacher.""'"
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Attachments
Copy for: Director, Operations & Emergency Services
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REPORT TO
EXECUTIVE COMMITTEE
OZD
Report Number: OES 17-07
Date: April 1 0, 2007
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Tender T-3-2007
- Tender for Old Brock Road, Claremont
Road Reconstruction
- File: A-2130
Recommendation:
1. That Report OES-17 -07 regarding the Old Brock Road, Claremont Road
Reconstruction be received;
2. That Tender T-3-2007 submitted by Wyndale Paving Company Limited for Old
Brock Road, Claremont Road Reconstruction at a cost of $368,016.10 (GST
included) be accepted;
3. That the total gross project cost of $ 548,746 (GST included) including the tender
amount, and other associated costs and the total net project cost of $517,685 be
approved;
4. That Council authorize the Director, Corporate Services & Treasurer to finance
the project as follows:
(a) the sum of $275,000 to be funded from the "Move Ontario" Reserve;
(b) the sum of $242,000 to be financed by the issue of debentures through
the Regional Municipality of Durham, over a period not exceeding 10
years, at a rate to be determined;
(c) the balance amount of $685 to be funded from the 2007 Current Budget;
(d) the annual repayment charges in the amount of approximately $32,900 be
included in the annual Current Budget for the City of Pickering
commencing in 2008, continuing thereafter until the loan is repaid, and
any financing cost to be paid out of the Current Budget;
(e) the Director, Corporate Services & Treasurer has updated the City's 2007
Annual Repayment Limit and certified that this loan and the repayment
thereof falls within the City's Annual Repayment Limit for debt and
financial obligations, as established by the Province for municipalities in
Report OES 17-07
April 1 0, 2007
Subject: Tender T-3-2007
- Tender for Old Brock Road, Claremont
Road Reconstruction
C~ r;.~ .(\
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Page 2
Ontario, and would not cause the City to exceed the updated Limit, and
therefore, Ontario Municipal Board approval was not required prior to City
Council's authorization;
(f) the Treasurer is authorized to take any actions necessary in order to effect
the foregoing; and
5. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Executive Summary: As part of the 2006 Roads Capital Budget, Old Brock Road,
Claremont was approved as a construction project. In August of 2006 a soils
investigation was performed by AMEC Earth & Environmental Limited on behalf of the
City, which identified Petro Carbon contamination in the existing granular base material.
Amec recommended that the petroleum-impacted soil in this area be removed and
disposed at an MOE approved landfill site. In order to address this issue, the road
works were postponed to 2007 subject to the budget approval for additional funds. The
sidewalk component was completed in 2006. Tender T-3-2007 was issued on Tuesday,
February 27, 2007 and closed on Wednesday, March 14, 2007 with eight (8) bidders
responding. The total gross project cost is estimated to be $548,746 for an estimated
net cost to the City of $517,685 (net of GST rebate).
The City's purchasing policy requires staff to report to Council on results of the tender
and financing in order to proceed with this project in a timely manner.
Financial Implications:
1.
TENDER AMOUNT
T -3-2007
GST
Sub-Total
GST Rebate
Total
$347,185.00
20,831.10
368,016.10
(20.831.10)
$347,185.00
Report OES 17-07
April 10, 2007
Subject: Tender T-3-2007
- Tender for Old Brock Road, Claremont
C 2 2 - Road Reconstruction
Page 3
2.
APPROVED SOURCE OF FUNDS
Roads Ca ital Bud et
Location Proiect Code
Old Brock Road 5320.0619.6250
Old Brock Road 07 -2320-008-14
Source of Funds Budqet Required
"Move Ontario" Reserve* 275,000 275,000
Debt (10 Year) 250,000 242,685
FUNDS AVAILABLE 525,000 517,685
*Revised due to CS 16-06 originally budgeted as Debt (1 0 Year) for portion related to
Roads.
3.
ESTIMATED PROJECT COSTING SUMMARY
T -3-2007 - Tender for Old Brock Road, Claremont
Road Reconstruction
$347,185.00
Associated Costs
Materials Testing
Consultant Fees
Miscellaneous Costs
Soils Removal Contingency
Construction Contingency
Total
Total Net Pro'ect Cost
10,000
10,500
5,000
110,000
35,000
517,685
31,061
$548,746
(31.061)
$517,685
GST
Total Gross Project Cost
GST Rebate
4.
Project Cost under (over) Approved Funds
$7,315
The Director, Corporate Services & Treasurer has reviewed the budgetary implications
and the financing of the expenditures contained in this report and concurs.
Subject: Tender T-3-2007
_ Tender for Old Brock Road, Claremont
Road Reconstruction
April 1 0, 2007
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Report OES 17-07
Page 4
Sustainability Implications: As part of the City's Sustainability initiative this
project includes the grinding of existing asphalt pavement to be recycled into the
granular base course materials.
With the use of recycled materials on this project it reduces on green house gas
emissions, which would occur as a result of the additional trucking involved in hauling
new granular base course material.
Background: As part of the Roads Capital 2006 Budget, Old Brock Road,
Claremont Road Reconstruction was identified as a construction project. The original
project consisted of two components which were funded from two different sources.
The sidewalk component which was constructed in 2006 was funded from the Federal
Gas Tax Fund in the amount of $75,000. The road component which is identified in this
report is to be funded in the amount of $275,000 by "Move Ontario" Reserve as
indicated in Report to Council CS16-06. The additional funds required to address the
soil removal are in the Roads Capital 2007 Budget and are funded by debt. Tender T-3-
2007 was issued on Tuesday, February 27,2007 and closed on Wednesday, March 14,
2007 with eight (8) bidders responding. The total gross project cost is estimated to be
$548,746 for an estimated net cost to the City of $517,685 (net of GST rebate).
Wyndale Paving Company Limited references have been checked and are deemed
acceptable by the Supervisor, Engineering & Capital Works. The Health & Safety
Policy, current WSIB Council Amendment to Draft #7 (CAD-7), Certificate of Clearance
issued by Workplace Safety & Insurance Board and Certificate of Insurance as
submitted by Wyndale Paving Company Limited have been reviewed by the
Coordinator, Health & Safety and are deemed acceptable. In conjunction with staff's
review of the contractor's previous work experience and the bonding available on this
project, the tender is deemed acceptable.
Upon careful examination of all tenders and relevant documents received, the
Operations & Emergency Services Department, Municipal Property & Engineering
Division recommends the acceptance of the low bid submitted by Wyndale Paving
Company Limited for Tender T-3-2007 in the amount of $548,746 (GST included) and
that the total net project cost of $517,685 be approved.
This report has been prepared in conjunction with the Manager, Supply & Services who
concurs with the foregoing.
Report OES 17-07
-_.n.,-_............"-....'~~__M...~...,,.~,..'"_..'H""".~.,""~,~
April 10, 2007
Subject: Tender T-3-2007
- Tender for Old Brock Road, Claremont
Road Reconstruction
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Page 5
Attachments:
1 . Location Map
2. Supply & Services Memorandum dated March 14, 2007
Prepared By:
Vera A. Felgemacher
C.P.P., CPPO, CPPB, C.P.M., CMM III
Manager, Supply & Services
DS:nw
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City C~Uffei\
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Everett ntsma
Director, Operations & Emergency Services
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~Gillis ". aterson
Director, Corporate Services & Treasurer
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MUNICIPAL PROPERTY & ENGINEERING
Attachment for Tender No. T-3-2007
OLD BROCK ROAD
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LOCATION MAP - OLD BROCK ROAD
PROPOSED CONSTRUCTION INCLUDES:
Road reconstruction - new granular road base, base asphalt and re-ditching
where required. Complete landscape restoration (grading and sodding) where
required.
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CORPORATE SERVICES DEPARTMENT
MEMORANDUM
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March 14, 2007
To:
Richard Holborn
Division Head
Municipal Property & Engineering
Darrell Selsky /
Supervisor, Engineering & Capital Works
From:
Barbara Tran
Buyer
Subject:
Tender No. T-3-2007
Tender for Old Brock Road, Claremont
Road Reconstruction
CLOSING: Wednesday, March 14,2007
Tenders have been received for the above project. Fourteen companies were
invited to participate. An advertisement was' placed in the Daily Commercial News,
News Advertiser and on the City's Website yielding interest from additional bidders
and a total of 19 companies picked up a tendering package for a non-refundable fee
of $50.00. One addendum was issued. Eight 8 bidders responded and submitted a
tender for this project.
A copy of the Record of Tenders Opened and Checked used at the public tender
opening is attached. Tenders shall be irrevocable for 90 days after the official
closing date and time.
Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered
unit prices and extensions; unit prices shall govern and extensions will be corrected
accordingly, which has been done.
All deposits other than the low three bidders may be returned to the applicable
bidders as provided for by Purchasing Procedure No. PUR 010-001, Item 10.03(w).
Therefore, the copies of bids from the low three (3) bidders are attached for review.
.4
Richard Holborn
Tender No. T -3-2007
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Bidder
SUMMARY
(PST included, GST included)
Total Tendered
Amount $
368,016.10
394,538.36
456,727.50
494,182.01
508,043.16
513,069.68
656,087.00
664,519.30
UNABLE TO BID
UNABLE TO BID
UNABLE TO BID
UNABLE TO BID
W ndale Pavin Co. Ltd.
Trisan Construction
Ka p Contractin Inc.
Miller Paving Ltd.
Elir a Construction & Materials
Di -Con International Limited
Serve Construction Ltd.
B ron Construction Lim ited
Empire Pavin Ltd.
Mo al Construction
North Rock Grou Ltd.
Pacific Pavin Limited
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After Calculation
Check $
368,016.10
394,538.36
456,727.50
494,182.01
508,043.16
513,069.68
656,087.00
664,519.30
Pursuant to Information to Bidders Item 21, the following will be requested of the low
bidder for your review during the evaluation stage of this tender call. Please advise
Supply & Services as soon as possible if we are to proceed in this direction.
(a) a copy of the Health and Safety Policy to be used on this project;
(b) a copy of the current Cost and Frequency Report issued by Workplace Safety
& Insurance Board (in lieu of the Cost and Frequency document, a copy of
the current CAD 7, NEER, or MAP reports may be submitted);
(c) a copy of the current Certificate of Clearance issued by Workplace Safety &
Insurance Board; and
(d) the City's certificate of insurance completed by the bidder's agent, broker or
insurer.
Include the following items in your Report to Council:
(a) if items (a) through (d) noted above, are acceptable to the Safety & Training
Co-ord inator;
(b) any past work experience Wyndale Paving Co. Ltd. including work location;
(c) without past work experience, if reference information is acceptable;
(d) the appropriate account number(s) to which this work is to be charged;
(e) the budget amount(s) assigned thereto;
(f) Treasurer's confirmation of funding;
(g) related departmental approvals;
(h) any reason(s) why the low bid of Wyndale Paving Co. Ltd. is not acceptable;
and
(i) related comments specific to the project.
Richard Holborn
Tender No. T-3-2007
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If you require further information, please feel free to contact a member of Supply &
Services,
L. 4dlj1d!J~~
Barbara Tran
Ibt
Attachments
Copy for: Director, Operations & Emergency Services
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REPORT TO EXECUTIVE
COMMITTEE
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Report Number: CS 17-07
Date: April 1 0, 2007
From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
New Bingo Revenue Model
Recommendation:
1. That Report CS 17 -07 of the Director, Corporate Services & Treasurer be
received;
2. That the draft by-law included as Attachment 1 to provide for the licensing of
Bingos, Raffles and Other Lottery Schemes be enacted; and,
3. That the appropriate staff of the City of Pickering be given authority to give effect
thereto.
Executive Summary:
In accordance with Section 206 of the Criminal Code and Order-In-Council 2688/93, the
legal authority for the Alcohol and Gaming Commission of Ontario and municipalities to
issue lottery licences in Ontario, a by-law is being recommended to provide for the
appointment of a Lottery Licensing Officer and to provide for the licensing of bingos,
raffles and other lottery schemes.
Financial Implications:
Under the new Provincial Bingo Revenue Model the 3% maximum fee of the current
$5500 prize board no longer exists. Fees are no longer tied to the prize board and, in
this regard municipalities must develop a new licensing fee structure. Instead of 3% of
the prize board, municipalities must work on a per event basis and are not allowed to
charge more than $165.00 per event.
Previously the City of Pickering charged 0.75% of the prize board for licensing fees.
Under the old Revenue Model the average licence fee charged was $41.25, being
0.75% of the $5500.00 prize board. The 0.75% does not provide cost recovery to the
municipality in order to administer the licences issued. Understanding the charities'
concerns with regard to a significant increase in licensing fees to accomplish cost
recovery, the recommendation for licencing fees should be $60.00 per event, with an
annual review and increase of 25% yearly until the City reaches the maximum of
Report CS 17-07
Subject: New Bingo Revenue Model
Date: April 1 0, 2007
Page 2
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$165.00. In canvassing area municipalities, it was found that most municipalities were
charging the maximum 3% allowed under the Old Revenue Model and will continue to
charge the maximum $165.00 per event fee.
Sustainability Implications:
The charitable organizations that operate bingos in the City of Pickering are an integral
part of a sustainable community in the areas of a healthy society and healthy
community.
Background:
In the spring of 2005, the Alcohol and Gaming Commission of Ontario initiated a wide
scale public consultation on the modernization of charitable gaming in order to obtain
comments and advice from participants in the charitable gaming sector on strategic
changes. HL T Advisory, a Toronto consulting firm with extensive experience in gaming
research across Canada was hired to look at the current bingo revenue model and
make recommendations for a new Provincial model. The modernization consultation
showed consensus that a new revenue model was needed for bingo to continue as a
viable charity fundraising activity.
Bingo is one of the oldest forms of legal gaming in Canada and the industry has faced a
number of challenges over the past ten years. As other forms of gaming have been
implemented, bingo activity has generally been stagnant. This stagnant performance
has lead to a significant decrease in market share. In the late 1990's there were
approximately 220 bingo halls operating in Ontario and today approximately 102 bingo
halls remain in operation. HL T believes that this situation is indicative of both a
decrease in the appeal of bingo to its core demographic player base and its historic
narrow demographic appeal (ie. small group of core players) as compared to other
gaming sectors such as lottery and casino. For bingo gaming to maintain the current
level, let alone increase its market share, it must both increase its appeal and expand
its current player base.
The objectives of the new revenue model were to recommend and implement an
appropriate revenue model for Ontario. It has been recognized that an enhanced
revenue model with greater flexibility was required to meet the demands of the bingo
marketplace. The areas assessed included:
Bingo operating expenses by geographic location
"reasonableness" of expenses
bingo operation revenue streams
Prize boards and determining factors for same
viable business for operators
profits for charities.
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Report CS 17-07
Subject: New Bingo Revenue Model
Date: April 10, 2007
Page 3
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The New Bingo Revenue Model provides the following:
flexibility with games that match the market
(Under the new Model the customer is the driver. Flexibility of games to match
the market so the mix of games can be designed to appeal to the customer.
Municipal and Provincial games are combined, no restrictions on what types of
games can be played.)
prize boards set at a maximum average of 70% of wagering
(Prize boards are "too high" to sustain bingo. Prize board payouts are between
74% and 78% of the wager. Ontario pays the highest prize payout in Canada.
Average payout across Canada at this time is 64% to 65%. Under the Current
Revenue Model prize board fees are calculated at a maximum 3% of the
$5500.00 prize board. Under the New Revenue Model the prize board maximum
has been removed. Prize boards under the New Revenue Model will now be
calculated by the number of customers in hall playing the game and the types of
games played. The Province has capped all prize payouts at 70% to start and
they will be lowered as assessment of the new Revenue Model is reviewed. );
marketing fund established at 10% of bingo win with shared responsibility
between charities and operators
(A Marketing Trust Account has been established with 10% of the win (gross
wager minus prizes) set aside for marketing within the hall. The hall operator
and the charity organizations approve what the money should be spent on.);
all bingo hall revenues split between charities and operators
(Charities will now get a split of the snack bar, liquor sales if pilot project is
approved, dabber sales, lottery ticket sales etc.);
charities receive 45% of the win (gross wager minus prizes) and operators
receive 55%
(Operator expenses were looked at and it was the consensus during the
consultation that the split needed to be reviewed so that halls were viable and
profitable. Charity expenses are administration and licence fees and hall
operators are responsible for all other expenses.); and
A mandatory position of a "Hall Charities Association Administrator" has been
created
( The position was created in order to provide increased accountability. The Hall
Charities Association Administrator is hired by the Hall Charities Association and
must have an arms length relationship with the hall operator and the Charities
Association.).
The expected results of the New Revenue Model are:
new game schedules that will appeal to customers
additional revenues from reduced prize boards
operator profitability and viability will increase
charities will receive same dollars on average across Ontario
Report CS 17-07
Subject: New Bingo Revenue Model
Date: April 1 0, 2007
Page 4
model has inherent incentives to grow the business
long term adaptability.
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The Municipal Licensing responsibilities are to conduct eligibility reviews and maintain
current core eligibility files, review lottery applications, reports, financial statements,
ensure that proceeds applied for and raised are accounted for and used for the delivery
of the licensee's charitable mandates. The Lottery Licencing Officer enforces and
ensures compliance with any lottery licence that is issued.
Under the new Revenue Model, the Alcohol and Gaming Commission of Ontario has
streamlined licencing, financial reporting and Terms of Reference processes.
Additional requirements to submit information to the Province requires that the Charities
be more accountable and gives the Municipality additional Provincial support.
Analysis:
Customers are the business driver for bingo gaming. Bingo is successful when it
appeals to the customer and is managed profitably. Bingo has a narrow appeal and
must increase its customer base in order to remain profitable. If Bingo Halls continue to
close, charity fund raising opportunities disappear.
The City of Pickering issues licences to 44 charity organizations. Over the last few
months the Province and the Municipality have met with representatives from the
charity organizations to review and train them on the New Revenue Model. All parties
agree that changes had to be made and are hoping that the new Revenue Model will
improve this area of lottery gaming.
Attachments:
1. Draft By-law for Lottery Licencing Fees
2. Current Bingo Revenue Model Chart
3. New Bingo Revenue Model Chart
Prepared By:
Approved I Endorsed By:
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Debbie Shields
Deputy Clerk
I
Debi A. Bentley
City Clerk
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Gillis A. Paterson . ---
Director, Corporate Services & Treasurer
Report CS 17-07
Subject: New Bingo Revenue Model
Date: April 1 0, 2007
Page 5
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Attachments
Recommended for the consideration of
. Pickering City Co~nc;H
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Chief Administrative Officer ,. "~"
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l ATTACHMENT # I
ATTACHMENT #1
THE CORPORATION OF THE CITY OF PICKERING
TO REPORT #~~-(:il
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BY-LAW NO.
Being a by-law to provide for the Appointment
of lottery Licensing Officer and to provide for
the Licensing of Bingos, Raffles and Other
lottery Schemes
WHEREAS by Order-in-Council 2688-93 dated October 27, 1993, municipal councils
are empowered to issue a licence authorizing any charitable or religious organization to
conduct and manage a lottery scheme;
AND WHEREAS section 20 of the said Order-in-Council provides that where a
municipal council is satisfied that it is in the best interests of the community to do so, it
may refuse on reasonable grounds to issue a licence for a lottery scheme and in so
doing may take into account such factors as the number of licences issued and the
playing locations already in existence in the community;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
DEFINITIONS
1. In this By-law:
(a) "Charitable Object or Purpose" includes any object or purpose for:
i) the relief of poverty;
ii) the advancement of education;
iii) the advancement of religion; or
iv) other charitable purposes beneficial to the community.
(b) "Charitable Organization" and "Non-profit Organization" includes an
organization which is created primarily for a charitable object or purpose in
Ontario, is operated not for profit, and includes a religious organization.
(c) "Licence" means a licence issued under the authority of the Lieutenant
Governor in Councilor City of Pickering to conduct or manage a lottery
scheme.
(d) "Licensee" means a person to whom a licence is issued.
BY-LAW NO
Page 2
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L. v( e
(g)
(h)
"lottery" means a scheme that involves a prize, a chance to win a prize,
and includes a regular and special bingo lottery, a media bingo lottery, a
raffle lottery, a bazaar lottery, or a break open ticket lottery (Nevada).
(f)
"Lottery Event" means a single occasion at which a lottery scheme is
conducted.
"Lottery Licensing Officer" means any employee or representative of the
City Clerk, including his/her designate who have been authorized to
administer licences.
"Person" means a corporation, organization, association or partnership,
including a charitable organization.
"Registrar" means The Registrar of Alcohol and Gaming Commission of
Ontario under the Alcohol and Gaming Regulation and Public Protection
Act, 1996.
APPOINTMENT AND AUTHORITY
(e)
2. Appointment of Lottery Licensing Officer.
(a) The City Clerk is appointed as Lottery Licensing Officer for the purpose of
regulating and enforcing the provisions of this by-law and shall exercise all
the authority, powers and rights and shall perform all the duties and
obligations which by statute or by-law are or may be conferred or imposed
upon the Lottery Licensing Officer.
(b) Notwithstanding 2(a), the Lottery Licensing Officer may assign his or her
duties with respect to this by-law to any person or persons designated by
him or her, and in such case, the person or persons designated shall be
responsible for the administration of this by-law.
APPLICATION
3. An application for a licence to conduct and manage a lottery scheme shall be
submitted to the Lottery Licensing Officer who shall determine if the application
complies with Order-in-Council 2688/93, any regulations, and the provisions of
this by-law.
4. Applications for a first licence, shall be made to the Lottery Licensing Officer no
later than 30 days prior to the date of the lottery event.
5. A licence issued under this by-law is not transferable.
BY-LAW NO
Page 3
6.
In addition to the eligibility requirements of the Gaming Control Act and
Regulations, applicants for Lottery Licencing must provide services to the
residents of Pickering and be based in Pickering or provide services within the
Durham Region to a significant number of Pickering residents.
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7. Notwithstanding section 5 of this by-law, all charities not in the geographic
location of Durham Region that are licenced as of the passing of this by-law with
the City of Pickering will continue to be licenced by the City as long as the charity
continues to have a licence in good standing with the City of Pickering.
8. Applications for City approval of Provincially licensed events shall be exempt
from the requirements of section 5 and shall be approved provided the
requirements of the Gaming Control Act and/or Regulations are met.
LICENCE FEES
9. The charitable organization shall pay to the City, at the time of issuance of the
licence a fee in the amount set out in Schedule "An to this by-law.
TERMS AND CONDITIONS
10. In addition to such terms and conditions as may be imposed by the Registrar,
each licence shall be subject to the following terms and conditions:
(a) The licensee shall comply with sections 206 and 207 of the Criminal Code
of Canada;
(b) The licensee shall comply with the provisions of Order-in-Council 2688/93;
(c) The licensee shall comply with all the terms and conditions set out on or
attached to the licence;
(d) the licensee shall comply with all provincial and municipal policies and
procedures; and
(e) The licnesee shall conduct or allow to be conducted only the type of lottery
event or events provided in the application and the licence.
(f) No person shall conduct or permit or cause a charitable organization to
and no charitable organization shall conduct or manage a bingo lottery, a
break open ticket lottery, a raffle lottery, or a lottery scheme held at a
bazaar without a valid licence in respect thereof.
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11. In addition to such special terms and conditions as may be imposed by the
Registrar, any building or premises registered, where a charitable organization
proposes to conduct and manage any bingo lottery event or events shall
prominently display information regarding responsible and problem gambling and
information on where people can get help.
REFUSAL TO ISSUE OR SUSPENSION/CANCELLA TION OF LICENCE
12 Where the Lottery Licensing Officer determines that the application does not
comply with Order-in-Council 2688/93, any regulations, or provisions of this by-
law, the Lottery Licensing Officer shall not issue a licence, but shall give notice of
the decision not to issue a licence by mail to the charitable organization within a
reasonable time thereafter.
13. If the licensee fails to comply with any of the provisions of this by-law, the
provisions of Order-in-Council 2688/93 and amendments thereto, the terms and
conditions applicable to such licence, or section 206 and 207 of the Criminal
Code of Canada, the Lottery Licensing Officer may suspend or cancel such
licence. Upon suspension or cancellation of a licence, the Lottery Licensing
Officer shall give notice to the licensee by mail within a reasonable time
thereafter.
14 Where a licence has been suspended or cancelled, the licensee shall be entitled
to a refund of a part of the licence fee proportionate to the unexpired term for
which the licence was granted.
ENTRY
15. The Lottery Licensing Officer and such officers as the Registrar or the Lottery
Licensing Officer may appoint and all peace officers shall, at all reasonable
times, have direct and unencumbered access to the building or premises wherein
a lottery event is taking place, to enquire into the nature, management and
conduct of the lottery event or events for which the licence has been granted,
either prior to, during, or after the conclusion of such lottery event.
POSTING OF LICENCE
16. Where the licence applies to premises or a building wherein a lottery event or
events are taking place, the licensee shall keep the licence posted in a
conspicuous place.
17. Where the licence does not apply to premises or a building wherein a lottery
event or events are taking place, the licensee shall produce the licence upon
demand.
BY-LAW NO
Page 5
SHORT TITLE
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18. This by-law shall be known as the "Lottery Licensing By-law".
REPEALED
19. By-laws 44n4, 3929/92 and 5972/02, are hereby repealed.
EFFECTIVE DATE
20. This by-law comes into force and effect on May 1, 2007.
BY-LAW read a first, second and third time and finally passed this 16th day of April,
2007.
David Ryan, Mayor
Oebi A. Bentley, City Clerk
BY-LAW NO
Page 6
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SCHEDULE "A"
LICENCE FEES
The following shall be the prescribed per-event lottery scheme licensing fees under this
by-law:
Bingo Lottery Licence
$60.00 per event
Media Bingo Licence
$60.00 per event
Break Open Ticket Licence
1.5% of the total value of
prizes to be awarded
Bazaar Licence
1.5% of the total value of
prizes to be awarded with a
minimum of $15.00
Raffle Licence
1.5% of the total value of
prizes to be awarded with a
minimum of $15.00
I ATTACHMENT # ~
TO REPORT # c~? J~-07
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