HomeMy WebLinkAboutOES 12-11
Report To
Executive Committee
PICKERING Report Number: OES 12-11
Date: February 14, 2011
69
From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Don Beer Arena Accessibility Upgrades and Environmental Improvements
- Tender No. T-24-2009
Request for Additional Funding
File: A-1440-001-11
Recommendation:
1. That Report OES 12-11 of the Director, Operations & Emergency Services
regarding additional funding for the Don Beer Arena project be received;
2. That additional funds in the amount of $120,000 (HST excluded) be approved;
3. That Council authorize the Director, Corporate Services & Treasurer to finance
the $120,000 through a transfer from the Don Beer Reserve; and,
4. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Executive Summary: This project, approved by Council in 2009 and well underway
during 2010, involves extensive renovations to a 40 year old building. As a result,
unforeseen costs, as indicated in this report, were encountered consuming a great deal
of the contingency included in the original costing and approval. As this project
continues, this contingency needs to be partially replaced in the event that other
unforeseen costs are encountered.
Financial Implications: The Don Beer Arena Project was approved by Council on
March 29, 2010 as per Resolution #60/10 and Report to Council OES 07-10 by the
Director, Operations & Emergency Services. As noted in the original report, the original
budget for the project was $2,520,000 and increased to $2,703,500.
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Report OES 12-11 February 14, 2011
Subject: Don Beer Arena Accessibility Upgrades and Environment Improvements
70 -Tender No. T-24-2009
- Request for Additional Funding Page 2
The tender was awarded to Deciantis Construction Ltd. on March 29, 2010 with total
project costs as follows:
Project Cost
T-24-2009 $2,297,000
Consulting and Testing Fees 151,500
Miscellaneous Tender Costs 5,000
Contingency 250,000
Total Project Cost $2,703,500
Additional Contingency 120.000
Revised Total Project Cost $2.823,500
Source of Funds
As approved under OES 07-10
Source of Funds Budget Revised
RInC - Federal $840,000 $840,000
RInC - Provincial 840,000 840,000
Federal Gas Tax 420,000 511,750
Debt (10 year) 320,000 410,000
Don Beer Arena Reserve 100,000 220,000
Current Budget 1,750
Total $2,520,000 $2,823;500
The project is approximately 80% complete but due to the age of the facility (40 years)
and unforeseen problems encountered, a number of additional costs have been
incurred which has nearly depleted the Council approved contingency.
To proactively approach the need for contingency and to avoid construction delays,
approval of $120,000 of additional contingency is required to ensure work is not
delayed.
Sustainability Implications: There are no sustainability matters associated with this
report.
Background: The contingency for the Don Beer infrastructure funded upgrades was
originally established as $250,000 representing approximately 10% of the total contract
value.
CORP0227-07/01 revised
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Report OES 12-11 February 14, 2011
Subject: Don Beer Arena Accessibility Upgrades and Environment Improvements 71
- Tender No. T-24-2009
- Request for Additional Funding Page 3
There was minimal documentation available relating to the original construction 40
years ago and all the, changes over the years. Layers of buried site conditions have
been found during the work on the 40 year old building which have resulted in a larger
demand for contingency funding than might be expected for the new building
construction.
Nearly $190,000 of the original contingency total has already been committed to clean
up conditions such as asbestos and other found hazardous materials, combustible
structural in a non-combustible building, and the repair, replacement and other "fall out"
resulting from replacements necessitated by the removals. The lack of site storm water
infrastructure has necessitated site work upgrades that have taken another $30,000.
Also, due to the General Contractor having difficulty keeping a site supervisor engaged
(4 supervisors to date), the City engaged a Firm to provide regular oversight
(Independent Project Managers) at a cost of $40,000 which was unanticipated at the
commencement of the project.
The project is nearing a satisfactory completion and should be substantially complete in
time to meet the Provincial/Federal deadlines, but may require as much as an additional
$120,000 to assure that there will not be a shortfall during the crucial final stages and
that the project can be brought to a satisfactory completion and to make it useful for the
City for another 40 years.
Examples of unanticipated costs incurred to date are:
• Hazardous material removals and clean-up costs, four stages totaling $52,000
• Building component replacement costs resulting from the removals (example: all
existing rain water leaders removed and replaced, landing and fire separation
repairs in stairwell, saturated roof insulation removal, detail physical changes to
accommodate found or altered conditions)
$58,000
• Wiring and piping changes and replacements due to found conditions $51,000
• Site storm water infrastructure necessitated upgrades $28,500
CORP0227-07/01 revised
Report OES 12-11 February 14, 2011
Subject: Don Beer Arena Accessibility Upgrades and Environment Improvements
72 -Tender No. T-24-2009
- Request for Additional Funding Page 4
Attachments:
1. Report to Council OES 07-10
Approved By: Approved/Endorsed By:
Everett unt a Gillis A. Paterson
Director, Operations & Emergency Services Director, Corporate Services & Treasurer
EB:mld
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering y Coun '1
z8 Zo
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
! b :t 4J Y t.-.....
Cry 4: Report To 73
Council
Report Number: OES 07-10
129 Date: March 29, 2010
From: Everett Buntsma-
Director, Operations & Emergency Services
Subject: Tender No. T-24-2009
- Tender for Don Beer Arena Accessibility
- Upgrades and Environmental Improvements
- File: A-1440-001-10
Recommendation:
1. That Report OES 07-1.0 of the Director, Operations & Emergency Services
regarding the Don Beer Arena Accessibility Upgrades and Environmental
Improvements be received;
2. That Tender No. T-24-2009 submitted by Deciantis Construction Ltd. for the Don
Beer Arena Accessibility Upgrades and Environmental Improvements in the
amount of $2,411,850 (PST & GST included) be accepted;
3. That the total gross project cost of $2,838,675 and the net project cost of
$2,703,500 including the tender amount and other associated costs be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to finance
the project as follows:
a) The sum of $320,000 as provided for in the 2009 approved Capital Budget
to be financed by the issue of debentures through the Regional Municipality
of, Durham, over a period not exceeding ten (10) years, at a rate to be
determined;
b) The sum of $1,680.,000 as provided for in the 2009 approved Capital
Budget, to be funded through Provincial and Federal Recreation
Infrastructure Canada (RInC) Program in Ontario Grant f unding;
c) The sum of $100,000 as provided for in the 2009 approved Capital Budget
to be funded from the Don Beer Arena Reserve;
d) The sum of $420,000 as provided for in the 2009 approved Capital Budget
to be funded from the Federal Gas Tax Reserve Fund;
'IQ REFORT#:LFS
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Report OES 07-10 March 29, 2010
Subject: Don Beer Arena Accessibility
Upgrades and Environmental Improvements Page 2.
30
e) The. additional sum of $183,500 to cover the project over expenditure will be
funded as follows:
i). the sum of $91,750 from Federal Gas Tax Reserve Funds;
ii) the sum of $90,000 to be financed by the issue of debentures
through the Regional Municipality of Durham over a period not
exceeding ten (10) years;
iii) the sum of $1,750 to be financed from current funds.
f) The annual repayment charges in the amount of approximately $53,400 be
'included in the annual Current Budget for the City of Pickering commencing
in 2010, continuing thereafter until the loan is repaid, and any financing cost
to be paid out of the Current Budget;
g) The Director, Corporate Services & Treasurer has updated the City's 2010
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 is not required prior to City Council's
authorization;
h) The Treasurer is authorized to take any actions necessary in order to effect
the foregoing; and
5. That the appropriate officials at the City of Pickering be given authority to give
effect thereto.
Executive Summary: The Don Beer Arena Accessibility Upgrades and
Environmental Improvements were approved by Council in the 2009 Capital Budget.
Work on this contract includes renovations to the dressing rooms servicing Rinks 1 &.2,
new fully accessible public washrooms, a new fully accessible front lobby and entrance,
refurbishing of the upstairs banquet facilities including a fully accessible intensive green
roof and elevators. The project also includes upgrades to the existing mechanical and .
electrical systems.
Tenders have been received and the total net project cost to complete Don Beer Arena
Accessibility Upgrades and Environmental Improvements is estimated to be $2,703,500.
The tender prices as received have all come in marginally higher than originally
anticipated during the budget process. The main reason for the higher pricing is the
CORP0227-07/01 revised
T I 1~ OREP RT# GAS-l I
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Report OES 07-10 March 29, 2010
Subject: Don Beer Arena Accessibility
Upgrades and Environmental Improvements Page 3
131
inclusion of a fire sprinkler s upp ress ion. system from a health & safety perspective,
which was not included in the original scope of work. However, 50% of the additional
cost is eligible for funding under the Federal Gas Tax Program.
Staff have confirmed that the low bidder Deciantis Construction Ltd. has satisfied the
tender requirements and is qualified to undertake this project.
Financial Implications:
1.
TENDER AMOUNT
T-24-2009 $2,292,000
GST 114,600
Sub-Total',
2,406,600
Separate Price for Electrical
Panel Board Replacement 5,000
GST 250
Grand Total 2,411,850
GST Rebate (114,850)
Total $2,297,000
2.
SOURCE OF FUNDS
Operations & Emergency Services Department Capital Budget
Location Proiect Code Source of Funds Budget ` Required
T-24-2009. 5715.0903.1610 Federal Grants - RInC $840,000 $840,000
Don Beer 5715.0903:1623 Provincial Grants- R1nC 840,000 840,000
Arena
5715.0903.7505 Federal Gas Tax RF 420,000 420,000
5715.0903.1703 Debt (10 year) 320,000 320,000
5715.0903.7033 Don Beer Arena R 100.000 100,000
Additional Funds
Required 183.500
FUNDS AVAILABLE $2,520,000 $2,703,500
CORP0227-07101 revised
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Report OES 07-10 March 29, 2010
Subject: Don Beer Arena Accessibility
- Upgrades and Environmental Improvements Page 4 1 32
Finance staff have provided input and taken into consideration the two exceptions
affecting this project; the additional costs in the amount of $183,500 and..the implication
of new harmonized sales tax (HST).
The additional costs identified are due to the inclusion of a fire sprinkler suppression
system which was not included in the original scope of work. Based on the restriction on
the RInC grant, we.can only fund 50% of the total costs from Federal sources. This
implies that only 50% ($91,750).of the additional costs will be funded from the Federal
Gas Tax Fund. The remaining ($91,750) additional costs will be funded by an increase
in debt financing. The revised amount to debt-finance will be $411,750.
Effective July 1, 2010, the HST will come into effect. With the new HST, municipalities.
will be .charged "13% on most goods and services and subject to a rebate of 11.24%,
resulting in a net cost of 1.76% to the City.
It is difficult to determine what percentage of the work will be done prior to July '1, 2010
or after July 1, 2010 or to isolate the built-in PST component in the tender cost. This
makes it difficult to estimate. the net impact of this new HST implementation on.the City
in. terms of increase or decrease costs. The current estimated costs are based on the
existing rules as we are unable to estimate the implication of the new HST. Finance
staff will revisit the financial implication of this project at the completion of the project.
The overall net financial impact of the introduction of the HST to the City on all capital.
projects commencing in 2010 will be analyzed at the end of our 2010 fiscal year.
3.
ESTIMATED PROJECT COSTING SUMMARY
T-24-2009
Tender (including Electrical Panel Board Replacement) $2,297,000
Consultant and Testing Fees 151,500
Miscellaneous Tender Costs . 5,000
Contingency 250,000
Total Project Costs 2,703,500
GST 135,175
Total Gross Project Cost 2,838,675
GST Rebate (135,175)
Total Net Project Cost 2 7 3 500
i
j Project Cost under (over) approved funds by ($183,500)
The Director, Corporate Services & Treasurer has reviewed the budgeting implications
and the financing of the expenditures contained in this report and concurs.
CORP0227-07/01 revised
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Report OES 07-10 March 29, 2010 77
Subject: Don Beer Arena Accessibility
- Upgrades and Environmental Improvements Page 5
133
Sustainability Implications: The rehabilitation of the Don Beer Arena, and in
particular the accessibility upgrades, will continue to encourage the development of
active, healthy lifestyles throughout the community.
The replacement of the existing mechanical plant will provide a more energy efficient
heating and cooling system, thereby lowering energy costs and reducing greenhouse
gas emissions. The intensive green, roof which is proposed over the new roof area will
serve to add insulation, improve the carbon balance and assist in storm water
management. The addition of an elevator to service the banquet hall will enhance the
accessibility of this facility.
i
Background: The Don Beer Arena Accessibility. Upgrades and Environmental
Improvements was approved by Council in the 2009 Capital Budget.
The architectural firm of Jurecka+ Associates Architects Inc. was retained to provide the
final design, prepare tender specifications and technical support during construction.
Tenders have been received which closed on Wednesday, February 17, 2010 for this
project.
An advertisement was placed in the DCN.and on the City's website. A mandatory site
visit was held on Wednesday, January 20, 2010 and twenty five (25) bidders attended i
of which thirteen. (13) bidders responded -and submitted a bid for this project. Five'(5)
addenda were issued during this tender call,
The bidding summary is attached.
The City's consultant, Jurecka + Associates Architects Inc., has undertaken the
necessary reference checks related to the general contractor and the sub contractors
and is recommending acceptance of the low bid, being Deciantis Construction Ltd.
The tender prices as received have all come in marginally higher than originally
anticipated during the budget process. The main reason for the higher pricing is the
inclusion of a fire-sprinkler suppression system from a health & safety. perspective,
which-was not included in the original scope of work. However, a portion of the
additional cost is eligible for funding under the Federal Gas Tax program, thus the over
expenditure will only marginally increase the required debt financing.
The Health & Safety Policy, WSIB Clearance Certificate and Workplace Injury Summary
Report issued by Workplace Safety & Insurance Board submitted by Deciantis
Construction Limited has been deemed acceptable by the Coordinator, Health & Safety.
CORP0227-07/01 revised
ATTACI-j
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Report OES 07-10 March 29, 2010.
Subject: Don Beer Arena Accessibility Pa ge 6
Upgrades and Environmental Improvements 1 34
The Certificate of Insurance submitted by Deciantis Construction Limited has been
deemed acceptable by the Manager, Taxation.
In conjunction with staffs 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, Operations & Facilities Division
recommends the acceptance of Tender No. T-24-2009, the low bid, submitted by
Deciantis Construction Ltd. in the amount of $2,411,850 (GST included) and that the
total net project cost of $2,703,500 be approved.
This report-has been prepared in conjunction with the Manager, Supply & Services who
concurs with the foregoing.
Attachments:
1. Supply &Services Memorandum dated February 19,.2010
2. By-law to Authorize the Issuance of Debentures in the amount of $411,750.
Prepared By: Approved/Endorsed B
Tony Prevedel Everett Bunts a
Division Head, Operations.&.Facilities Director, Operations & Emergency Services
J
Gillis Paterson
Director Corporate Services& Treasurer
Vera A. Fe emacher
C:P.P., CPPO, CPPB, C.P.M., CMM III
Manager, Supply & Services
TP:mld
Copy:. Chief Administrative Officer
CORP0227-07101 revised
HMENT#
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79
Report OES 07-10 March 29, 2010
Subject: Don Beer Arena Accessibility
135 - Upgrades and Environmental Improvements Page 7
Recommended for the consideration
of Pickering Ci . Council
Th s J. Quinn, MR, t-MM III
Chief Administrative Officer
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CORP0227-07/01 revised
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ATTACI-jMENT#• f' _i()REP0Ffl).,()I S
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Ctcy o~ 136
PI rKERI Memo
To: Tony Prevedel February 19, 2010
Division Head, Operations & Facilities
From: Vera A. Felgemacher
Manager, Supply & Services
Subject:. Tender No. T-24-2009
Tender for Don Beer Arena Accessibility Upgrades and Environmental
Improvements
Closing Date: February 17, 2010
Tenders have been received for the above project. An advertisement was placed in the Daily
Commercial News and on the City's website inviting companies to download the tendering
documents and drawings for the above mentioned tender. Five (5) addenda were issued on
this project. A mandatory site visit was held on Wednesday. January 20, 2010 and twenty five
25 bidders attended of which thirteen 13 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 60 days after the official closing date and time.
Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit
prices and extensions; unit prices shall govern and extensions will be corrected accordingly,
which has been done.
All deposits other than the low three bidders may be returned to the applicable bidders as
provided for by Purchasing Procedure No. PUR 0.10-001, Item 10.03(w). Three (3) bids have
been retained for review at this time.
SUMMARY
PST & GST included
Bidder Total Tendered After Calculation
Amount $ Check $
Deciantis Construction Ltd. $2,399,250.00 $2,406,600.00
MRP Builders - Engineers Inc. $2,671,217.00 $2,671,216.80
A Plus General Contractors Corp. $2,794,575.00 $2,794,575.00
Bemocon Contracting Ltd. $2,798,809.60 $2,799,334.65
Frank Pellegrino General Contracting Ltd. $2,804,445.00 $23804,445.00
-81
137
Snyder Construction $2,818,987.00 $2,818,987.50
OLAR Ltd. $2;853,232.00 $2,995,893.60
Ross Clair (R.O.M.) Contractors Inc. $2,908,500.00 $2,908,500.00
Automatic rejection - Bid Bond submitted not in the amount of 10%
Gay Company Ltd. General Contractors of the tendered amount. Reference: Purchasing By-law No. 5900
01, Procedure No. PUR 010-001, 10.04, item 9(d), IB Item 16, 17,.
18, and Tendering Specification Item 3
Automatic rejection - Addendum not acknowledged. Reference:
Maram Building Corp. Purchasing By-law No. 5900-01, Procedure No. PUR 010-001,
10.04, Item 12, IB Item 3 (b),'16.17, 18 28; Addendum No. 5
Automatic rejection - Addendum not acknowledged. Reference:
Samson Management and Solutions Ltd. Purchasing By-law No. 5900-01, Procedure No. PUR 010-001,
10.04, Item 12, IB Item 3 (b), 16, 17, 18, 28;.Addendum No. 5
John McLellan Contracting Inc Unable to Bid
Venture Construction Services Ltd. Unable to Bid
In accordance with Specifications Section 1600, the Electrical. Supplementary Bid Form has
been requested of the three. (3) bidders - Decantias Construction Ltd., MRP Builders-
Engineers Inc. and A-Plus Construction Corp. - to be submitted within 48 hours of tender
closing.
Pursuant to Information to Bidders Item 20, the following will be requested of the low bidder for
your, review during the evaluation stage of this tender call. Please advise when you wish us to
proceed with this task.
,(a) Proof of compliance with amended Confined Space Entry Regulations (September
30, 2006)., Copies of certified Training and Procedures to be.used on this project.
(b) a list of employees trained in the confined space entry procedure who will be
working on this project
(c). a copy of the Health and Safety Policy to be used on this project;
(d) a copy of the current Workplace Injury Summary Report issued by Workplace Safety
& Insurance Board (in lieu of the Workplace Injury Summary Report document, a copy
of the current CAD 7, NEER, or MAP reports may be submitted);
(e) a copy of the current.Clearance Certificate issued by Workplace Safety & Insurance
Board;
(f) the City's certificate of insurance shall be completed by the bidder's agent, broker or
insurer;
(g) list of sub-contractors in accordance with GC Item 32, Form SCL-1.
In addition, a request.to acknowledge by signature the City's Accessibility Regulations. for
Contracted Services and. request to provide their Accessibility Training Policy if available.
February 19, 2010
Tender No. T-24-2009 Page 2
Tender for Don Beer Arena Accessibility
Upgrades and Environmental Improvements
AT TAc MMENT#--L..y O REPORT#-L : 10-11
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Include the following items in your Report to Council; ,
(a) if items (a) through (e) noted above, are acceptable to the Co-ordinator, Health & Safety
(b) any past work experience Deciantis 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 Deciantis Construction Ltd.is not acceptable; and
(i) related comments specific to the project.
Jurecka + Associates Architects Inc. as the consultants on this project will be reviewing
submissions and, making recommendations to you. The consultant should also review carefully
all submittal information based on tendering instructions. If the consultant notices any
infractions or information missing during the evaluation, please contact a member of Supply &
Services as soon as possible. Duplicate copies of the bids are attached for the consultant's
use.
Please do not disclose any information to enquiries except you can direct them to the City's
website for the unofficial bid results as read out at the Public tender opening. Bidders will be
advised of the outcome in due course.
If you require further information, please feel free to contact me or a member of Supply & ;
Services.
VAF/jg -
Attachments
February 19, 2010
Tender No.. T-24-2009 Page 3
Tender for Don Beer Arena Accessibility
Upgrades and Environmental Improvements
of l
139 83
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84
The Corporation of the City Of Pickering
By-law No.
Being a by-law to authorize the issuance of debentures in
the amount of $410,000 for the Don Beer Arena
Accessibility Upgrades and Environmental Improvements
in the City of Pickering
Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier
municipality may pass by-laws respecting matters within the spheres of jurisdiction
described in that Section; and,
Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a
municipality may incur a debt for municipal purposes, whether by borrowing money or in
any other'way; and,
Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a
lower tier municipality in a regional municipality does not have the power to issue
debentures; and,
Whereas The Regional Municipality of Durham has the sole authority to issue
debentures for the purposes of its lower-tier municipalities including The Corporation of
the City of Pickering (the "City"); and,
Whereas the Council of the City wishes construction to proceed in respect of the. Don
Beer Arena Accessibility' Upgrades and Environmental Improvements project; and,
Whereas before authorizing the construction to proceed in respect of the Don Beer
Arena Accessibility Upgrades and Environmental Improvements project on the date
hereof the Council of the City had the Treasurer update the City's Annual Repayment
Limit, the Treasurer calculated the estimated annual amount payable in respect of such
project and determined that such annual amount would not cause the City to exceed the
updated Limit and therefore, Ontario Municipal Board approval is not required as per
Section 401 of the Municipal Act, 2001, as amended, and the regulations made I
thereunder;
And Whereas after determining. that Ontario Municipal Board approval is not required,
the Council of the City approved report OES 07-10 on the date hereof and awarded
Tender T-24-2009 for the Don Beer Arena Accessibility Upgrades and Environmental
Improvements project.
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No. Page 2 8 5
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Now therefore the council of The Corporation of the City of Pickering hereby enacts. as
follows:
1. That the City proceed with the project referred to as "Don Beer Arena Accessibility
Upgrades and Environmental Improvements";
2. That the estimated costs of the project in the amount of $2,703,500 be financed as
follows:
a) The sum of $410,000 be financed by the issue of debentures by the Regional
Municipality of Durham over a period not exceeding ten (10),years,
b) The sum of.$1,680,000 be funded through'Provincial and Federal Grant:
Recreation Infrastructure Canada (RInC) Program in Ontario;
c) The sum of $100,000 be funded from the Don Beer Arena Reserve; .
d) The sum of $511,750 be funded from the Federal Gas Tax Reserve Fund;
e) The balance sum of $1,750 be funded from Property Taxes;
3. That the funds to repay the principal and interest of the debentures be provided for
in the annual Current, Budget for the City. commencing in 2010 and continuing
thereafter until the loan is repaid.
By-law read a first, second and third time and finally passed this 29th day of March,
2010:
David Ryan, Mayor
Debbie Shields, City Clerk